c

DEPARTMENT OF PLANNING AND DEVELOPMENT

PIa nn i ng Ap pI ica t io ns for consideration of Planning and Development Committee

Committee Date : 30th September1 998

Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 30th SEPTEMBER, 1998

Page No. Application No. Applicant Development/Locus Recommendation

5 N/97/00140/FUL Railtrack Property Installation of Drainage System, site adjacent to Grant B802 (opposite Croy Station), .

11 N/98/00430/FUL Railtrack PLC Upgrading and Augmentation of Drainage System, Grant land on Dullatur Golf Course,(site adjacent to Croy Station), Cumbernauld.

N/98/00653/MIN Alexander Russell PLC Non-compliance with Conditions 2 and 11 of Grant (REPORT TO FOLLOW) Planning Permission No. MIN 83/718 for Winning and Working of Minerals, former Bedlay Colliery Site, Birkenshaw Road, .

14 N/98/00657/FUL Highwynd Limited Formation of a Pedestrian Gate in Existing Fence Grant on south side of Eastfield Road and Associated Path, Slabs, etc, 7 Gailes Road, , Cumbernauld.

20 N/98/00749/FUL Forte UK Ltd Erection of a Single Storey Extension to Grant Accommodate Fast Food Take Away, Little Chef, Road, Cumbernauld.

28 N/98/00754/FUL Douglas John Martin Erection of Dwelling, 122 Main Street, . Grant

35 N/98/01116/OUT Mr C Hone Erection of Residential Development (3 Flats) in Grant outline, 122/124 Main Street, Chryston G 69 9LD

41 N/98/00757/FUL Beazer Homes Change of Use of Open Space to Residential and Grant (P) Erection of 13 Dwellinghouses, Area C3 Westerwood, Cumbernauld.

52 N/98/01035/FUL Beazer Homes Re-positioning of Dwellinghouse on Plot 202, Plot Grant 202 Area C2, Westerwood, Cumbernauld.

56 N/98/00580/FUL Beazer Homes Relocation of Two House Plots - Nos.201 and 203 Grant Plots 201 and 203 Area C2, Westerwood, Cumbernauld.

60 N/98/00865/FUL Bass Taverns Change of Use of Integral Shop to Public House Grant Extension, 138 Cumbernauld Road, Muirhead. G69 9DY

64 N/98/00882/FUL Stewart Milne Homes Erection of 58 Dwellings and Associated Works, Grant Limited Project 10, Dullatur, Cumbernauld.

72 N/98/00892/FUL Druck Chemie - Saltire Erection of Factory, site adjacent to Deerdykes Grant Offset Supplies Ltd View, Deerdykes Road, Westfield, Cumbernauld.

77 N/98/00970/FUL Mr A Condon Extension to Clubhouse, The Royal British Legion, Grant Register Road, . G65 ODS

80 N/98/01029/FUL Robinsons Self-Drive Construction of Office unit (Class 4), 22 Baronhill, Grant The Village, Cumbernauld.

83 N/98/01042/FUL Mrs Angela Smith Part Change of Use of Dwellinghouse to Dog Grant Grooming Parlour 69 Main Road G67 4ED

86 N/98/0105 1/FUL The William Hill Part Change of Use of Vacant Unit and Retail Unit Grant Organisation Limited to Class 2 (Financial Professional and Other Services) 8 & 11 Clyde Walk Town Centre Cumbernauld

89 N/98/01064/FUL Eyup Dunsun Erection of Two Storey Side Extension, 5 Glenluce Grant Gardens. . APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 30th SEPTEMBER, 1998

Page No. Application No. Applicant Development/Locus Recommendation

96 N/98/01113/FUL Mrs Kwai Chun Chung Hot Food Preparation and Delivery, 21D Glencryan Grant Road, Cumbernauld.

99 N/98/01137/ADV Citilite Limited Erection of 2 Free Standing Internally Illuminated Refuse Signs, Muirhead Post Office, 29 Station Road, Muirhead.

103 N/98/01152/CNO Inland Revenue External Alterations To/And Permanent Siting of Grant Office Block (F), Inland Revenue, St Mungo's Road, Cumbernauld

106 N/98/01199/FUL Mr J Wilson Alterations to Position and Design of Previously Grant Approved Dwellings, Farm, Auchinstany, Kilsyth.

111 C/98/00030/FUL Mr P Murtagh Re-roofing of Vacant Workshop with Profiled Refuse Sheeting (in retrospect), 32-34 North Bridge Street, Airdrie.

115 C/98/00089/DPL NLC Housing Closure of Footpath and Erection of 6ft High Gates Refuse at lane north of 24A Blairhill Street, .

121 C/98/00 198/FUL Mr R Currie Conversion of existing Kennels to Self-contained Grant (P) Dwelling and Erection of Commercial StablesACennels Block, Coltswood Kennels, Gartgill Road, Coatbridge.

128 C/98/00533/FUL Bellway Homes Ltd Erection of 220 Dwellinghouses, Claremont Site, Grant Paddock Street, Coatbridge.

135 C/98/00938/FUL Mr J Vallely Change of Use of Dwellinghouse to Class 1 Shop Grant including Demolition of Derelict Building, 321 and 323/325 Bank Street, Coatbridge.

140 C/98/00946/NID NLC Education Extension to St Andrews Primary School, Lagan Grant (P) Road, Airdrie.

147 C/98/01048/FUL The Clydesdale Bank Installation of Automatic Teller Machine, 60 Grant Woodside Street, Coatbridge.

151 C/98/0 1097FUL Mrs Margaret Nelson Use of Dwellinghouse as Children's Day Nursery Refuse including formation of Rear Car Parking Area, 3 Stuartville, Kildonan Street, Coatbridge.

156 C/98/01105/FUL Hazel Kennedy Erection of Rear Extension, 1 Woodside Farm Grant Cottages, Forestfield, .

160 S/98/00166/FUL Bryant Limited Construction of 152 Dwellinghouses and Grant Relocation of Allotments, land to the rear of Scottish Power PLC, Leven Street, .

169 S/98/00500/FUL Mr Naveed Zafar Construction of Two Storey Extension, 1 Cedar Grant Gardens, .

174 S/98/00563/FUL George Fairlie Construction of Dwellinghouse, 21 Unity Park, Grant .

180 S/98/00620/OUT Carillon Investments Construction of 2 Fast Food Restaurants and Petrol Grant Limited Filling Station, Street, .

187 S/98/00824/FUL Summit Healthcare Surface Water Drainage Scheme for new Law Grant Hospital, Netherton Street, . APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 30th SEPTEMBER, 1998

Page No. Application No. Applicant Development/Locus Recommendation

190 S/98/00992/FUL Brian Connell Alteration and Extension to rear of Dwellinghouse Grant (P) and Formation of Rear Dormer Windows, 3 Allanton Road. .

194 S/98/01001/LBC Brian Connell Alteration and Extension to rear of Dwellinghouse Grant (P) and Formation of Rear Dormer Windows, 3 Allanton Road, Newmains.

200 S/98/01007/ADV Citilite Limited Erection of Illuminated Display Unit, 146 Grant Motherwell Road, .

205 S/98/0 1076/FUL Forgewood Housing Co-op Erection of 21 Houses and 16 Cottage Flats Phases Grant 2, 3 and 4, land at Lorne Drive, Ashton Street, Dinmont Crescent and Fife Drive, Motherwell.

210 S/98/01163/FUL Mohammed Nasir Change of Use of Existing Workshop to Form 2 Grant No. Retail Units and Refurbishment of Flats Over 27 Leven Street, Motherwell

N/98/00757/FUL (P) Section 75 Agreement C/98/00198/FUL (P) Section 75 to be concluded C/98/00946/NID (P) Refer to Secretary of State S/98/00992/FUL (P) Refer to Secretary of State S/98/01001/LBC (P) Refer to Secretary of State Application No: N/97/00 I40LFUL

Date Registered: 20th May 1997

APPLICANT: RAILTRACK PROPERTY, BUCHANAN HOUSE, 58 PORT DUNDAS ROAD, GLASGOW, G4 OLQ

Agent: D. Molloy, Buchanan House, 58 Port Dundas Road, Glasgow, G4 OLQ

DEVELOPMENT: INSTALLATION OF DRAINAGE SYSTEM.

LOCATION: SITE ADJACENT TO B802 (OPPOSITE CROY STATION), CUMBERNAULD

Ward No: 55 Grid Reference: 273070675475

File Reference: IE

Site History: Application No. N/97/00032/FUL - Installation of temporary drainage system - granted 26th March 1997 Apparently at one time there used to be a mill building on the site.

Development Plan: Cumbernauld Local Plan Policy EN3 1 - Sites for new open space/recreational uses.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: SEPA Conditions: Department of Leisure No Reply:

REPRESENTATIONS:

Neighbours: One letter of objection. Newspaper Advert: One letter of objection.

COMMENTS: The application is for a permanent drainage scheme to alleviate flooding on the Glasgow to Edinburgh railway line. This application follows on from a temporary drainage scheme which was granted consent in March 1997.

Two letters of objection have been received, and these are commented on in the report. Following consultation and advice from the Department of Contruction Services, I would recommend that the application be approved. It should be noted that application N/98/00430/FUL should be considered in conjunction with this proposal.

Recommendation/ mduced by APPLICATION NO N/97/00140/FUL tanning and DevelopmsntDepanrnent RAILTRACK PROPERTY onhern Division ion Wnv SITE ADJACENT TO 8.802 CROY STATION UMBERNAULD INSTALLATION OF PERMANENT DRAINAGE 67 10.2 SYSTEM TO PREVENT FLOODING OF R.p~c*tmmIhcGhlin~iS~.yrni~pwm dephone 01238 38164W Fa*. 01238 61842c A he rnadlh. COrmDlhrOThiiMale+ RAILWAY LINE 0 OBJECTOR s.tknwyme D cmcwpm This copy has bean prOduCedspecifically for Planning and Bulldtng Control purposes only 1:5000 unrvmwMnpvwct0nmercm*n+fi S Licence LA 09041L No further copies may be made ! mdnuyleidl~pm.-UaneMfprnc~~a -2-

RECOMMENDATION: Grant, subject to the following conditions:

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

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

2) That prior to work commencing on the site, a scheme showing proposals for the reinstatement of the land shall be submitted to, and approved by the Planning Authority, and this scheme shall be implemented in full within six months of the dramage scheme hereby approved, being completed.

Reason: In the interests of amenity.

3) That all works must be restricted to the application site and in particular no vehicles or machinery shall be taken across the Bum to its southern bank, and any works required to stabilise the southern bank shall be carried out by hand and shall be in accordance with a scheme approved in writing by the Planning Authority prior to such work commencing.

Reason: In order to protect a Site of Local Nature Conservation Value.

List of Background Papers

Planning application form and plans Cumbernauld Local Plan Letter fiom SEPA, dated 6th June 1997 Letter from Railtrack, dated 24th June 1997 Letter from Railtrack, dated 24th June 1997 Letter to Railtrack, dated 10th July 1997 Memo from Head of Parks and Amenily, dated 17th June 1997 Letter from James Rae, 12 Hunvorth Street, Falkirk, FKl 5EN, dated 16th July 1997 Letter from Railtrack, dated 18th July 1997 Letter from Railtrack dated 8th August 1997 Fax from Alice Higney Richardson 579 St. Clair Avenue West, Suite 205, Toronto, Ontario M6C 1A3, dated 1 lth August 1997 Letter to Alice Higney Richardson, dated 13th August 1997 Fax from Alice Higney Richardson, received 19th August 1997 Letter to Mr James Rae, dated 23rd July 1997 Letter to Railtrack, dated 13th August 1997 Letter to Construction Services, dated 20th August 1997 Letter to Construction Services dated 16th September 1997 Letter from Alice Higney Richardson, do 24 Kirkview Court, Condorrat, dated 16th September 1997 Letter to Alice Higney Richardson, dated 22nd September 1997 Memo from Head of Design Services, dated 3rd October 1997 Letter to Railtrack, dated 13th October 1997 Letter to Railtrack, dated 20th November 1997

Letter/ -3-

Letter from Railtrack, dated 27th November 1997 Letter from Railtrack, dated 6th January 1998 Letter from Railtrack, to Head of Economic Development and Property, dated 6th January 1998 Memo from Head of Design Services, dated 6th February 1998 Memo to Head of Design Services, dated 24th February 1998 Memo to Head of Design Services, dated 19th March 1998 Fax from W. S. Atkins Scotland, dated 16th April 1998 Letter to W. S. Atkins Scotland, dated 29th March 1998 Letter from Laing Management (Scotland) Ltd., dated 8th May 1998 Letter from W. S. Atkins Scotland, dated 12th May 1998 Letter to James Rae, dated 1 lth June 1998 Letter from Laing Management (Scotland) Ltd., dated 22nd July 1998 Letter from Laing Management (Scotland) Ltd., dated 27th July 1998 Memo to Head of Design Services, dated 28th July 1998 Letter from Laing Management (Scotland) Ltd., dated 4th August 1998 Letter from SEPA, dated 23rd April 1998 Letter from Laing Management (Scotland) dated 13th. August 1998 Letter from Laing Management (Scotland) dated 18th. August 1998 Memo to Head of Design Services dated 19th. August 1998 Letter from Laing Management (Scotland) dated 26th. August 1998 Letter from Laing Management (Scotland) dated 4th. September 1998.

Any person wishing to inspect these documents should contact Iain Ewart on 0 1236 616472 APPLICATION NO: N/97/00140/FUL

1. PROPOSAL AND SITE

1.1 The Glasgow to Edinburgh railway line, according to Railtrack, is prone to flooding in storm conditions at a point just east of Croy station. Apparently the vertical alignment of the line is saucer shaped at that point and with the line being in a deep cutting the water cannot escape, the line floods and services are disrupted.

1.2 In order to alleviate this in the short term Railtrack submitted an application for a temporary drainage scheme whereby water is pumped up the embankment from the line and then runs down a pipe laid within basically a vacant roughly grassed site to a bum. A planning consent was granted for this scheme on 26th March, 1997 for two years and that system is in operation.

1.3 Railtrack, however, want a permanent system which can handle a 1 in 100 year storm event as opposed to the existing scheme which can only handle a 1 in 2 year storm event. This current application is for that permanent scheme and whiIst the pipework etc is more substantial, parts of the temporary scheme form part of the permanent scheme. When completed, little of the scheme will be visible - the pump station at the bottom of the embankment, manhole covers amongst the grass and an outfall grill in the bank of the bum.

1.4 The site lies south of the railway line and east of the B802 (on the other side of the road from Croy Station).

1.5 The site is allocated for new open spacehecreational uses although in reality that applied more to the land immediately to the east of it which has been developed as a golf course.

2. CONSULTATIONS

2.1 SEPA were consulted and have stated that they have no objections.

2.2 The Director of Leisure Services has no objections to the proposal provided that disturbance is kept to a minimum on the south bank opposite the outfall (which will require some consolidation to prevent erosion) as this is the in Croy Spinney which is a site of Local Nature Conservation Value.

3. OBJECTIONS

3.1 One letter of objection was received from Mr James Rae, 12 Hunvorth Street, Falkirk, FKl 5EN, who owns land downstream of the outfall on the other (west) side of the road. The bum forms his southern and western boundary with the railway to the north.

3.2 Mr Rae has planning permission for three houses on this land which is low lying. The proposed outfd is east of the B802. The bum flows west under a road culvert then north under a railway culvert. He is concerned that the additional water from the outfall could lead to increased flows and that the culvert under the railway may act as a throttle causing water to back up and as the land to the south and west i.e. the other side of the bum, is higher the bum could overflow flooding his land. He says he has not suffered any flooding to date and that his land is not prone to flooding.

3.3 He is also concerned that dramage from the railway line will be polluted resulting in unpleasant matter and odours passing his land.

3.4 At/ -2-

3.4 At first it was assumed that the site in which it is proposed to lay the pipe was owned by the Council. However after extensive investigation by my Property Section and the Head of Legal Services it was established that there was no record of the Council having been passed ownership of the vast majority of the site by Cumbernauld Development Corporation (one small area was passed to the Council by Strathclyde Regional Council). Accordingly I required the applicant to advertise the application under Article 8 (2) (b) and 3 (c) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. In response to the advertisement a letter was received from a Mrs. Richardson from Canada, who subsequently submitted a letter of objection on the basis that the proposal could jeopardise any future plans she may have for the site.

3.5 However on 6th January I received a letter from the applicant, with revised drawings showing a revised position for the pipe, enclosing a letter to the applicant from Mrs Richardson stating that based on the revised position she was, in essence, willing to grant the applicant a servitude right for the drainage pipe.

4. OBSERVATIONS

4.1 Taking the above points of objection in reverse it would seem that whilst Mrs. Richardson has not written to me directly, the proposals have apparently been redesigned to her satisfaction and she is willing to do business with Railtrack.

4.2 With regard to Mr. Rae’s concerns about pollution, I have advised him of SEPA’s view that water quality will improve when that scheme is implemented. I asked Mr Rae for his comments on this but he has not, to date, replied.

4.3 The point with regard to potential flooding problems is much more complicated and has led to extensive communication between Railtrack’s consultant engineers - W S Atkins, myself and the Head of Design Services in the Department of Construction Services.

4.4 Following this process the relevant points that the consultant engineers make are as follows:-

a) The design of drainage schemes are normally based on a 1 in 5 year storm event - this is the design standard required by the WaterBewerage Authorities; b) The consultants estimate that the area between the two culverts as proposed will not flood in a 1 in 25 year storm event; c) In a more severe storm (i.e. in excess of 1 in 25 years) it is likely that, as existing, the land between the two culverts will be subject to localised flooding and evidence on site would suggest that this has happend before. Consequently, the additional water being discharged to the bum from the proposed system will not cause further incidences of flooding of this land.

5. COMMENTS

5.1 The proposed works aim to alleviate flooding problems in the vicinity of the railway. Extensive investigation of the proposal by the Council’s Construction Services Design Team has not provided any reason to refbse the application, and therefore it is recommended that consent be granted subject to conditions.

Comaps97/9700 140/mn/IE/JK Application No: N/98/0043O/FUL

Date Registered: 24th March 1998

APPLICANT: RAILTRACK PLC, RAILTRACK HOUSE, EUSTON SQUARE, LONDON, NW12EE

Agent: Senior Town Planner, Railtrack Property, Arena Point, 1 Hunts Bank, Manchester, M3 1RT

DEVELOPMENT: UPGRADING AND AUGMENTATION OF DRAMAGE SYSTEM

LOCATION: LAND AT DULLATUR GOLF COURSE, CROY, CUMBERNAULD

Ward No: 55 Grid Reference: 272986675492

File Reference: IE

Site History:

Development Plan: Cumbernauld Local Plan Policy EN3 1 - Sites for new open space/recreational uses

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: SEPA, Department of Environmental Services, Department of Leisure Services Conditions: No Reply:

REPRESENTATIONS:

Neighbours: Letter from First Engineering Newspaper Advert: Not required

COMMENTS: At present surface water at this part of Dullatur Golf Course flows north towards the Glasgow/Edinburgh railway line and is supposed to be intercepted by a ditch and old field drains at the side of an access road at the top of the railway embankment. In reality the water ends up going down the embankment onto the railway line. It is proposed to build a new cut-off drain under the road over a distance of 3 19.2m and connect it into a manhole which is part of an application for a drainage system elsewhere on this agenda - N/97/00140/FUL. These applications should be considered jointly. I have no reservations about this proposal.

RECOMMENDATION: Grant, subject to the following condition

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

Reason/ Pmduced by PLANNING APPLICATION - N/98/00430/FUL Planning and Development Department RAILTRACK PLC N LANARKSHIRE Norlhern Division LAND AT DULLATUR GOLF CLUB Bron Way CUMBERNAULD DRAINAGE WORKS TO PREVENT FLOODING G67 ID.? OF RAILWAY LINE A Telephone 01236 3616400 Fa.01236 616420 I 1:7000 This copy has been produced specifically for Planning and Building Control purposes Only. OS Licence LA O9041L No further copies may be made -2-

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

2) That before development starts, precise details of finished ground surface proposals shall be submitted to, and approved in writing by the Planning Authority.

Reason: To allow the Planning Authority to consider these matters in detail.

3) That within three months of the drainage system hereby approved being brought into use all of the ground surfacing approved under the tern of condition no 2 above shall be completed.

Reason: In the interests of amenity.

4) That following completion of the installation of the drainage works a scheme detailing all repair and replacement works to all walls and fences affected by the works already carried out shall be submitted for the written approval of the Planning Authority and thereafter implemented within three months of the date of that written approval.

Reason: In the interests of amenity.

List of Background Papers

Application form and plans Cumbemauld Local Plan Letter from SEPA, dated 23rd April 1998 Memo from Director of Environmental Services, dated 30th April 1998 Letter from First Engineering, dated 16th April 1998 Memo from Director of Leisure Services, dated 6th May 1998 Memo from Director of Environmental Services, dated 19th May 1998

Any person wishing to inspect these documents should contact lain Ewart on 0 1236 6 16472 Application No: N/98/00657/FUL

Date Registered: 7th May 1998

APPLICANT: HIGHWYND LTD, 14 GAILES ROAD, CARRICKSTONE, CUMBERNAULD, G68 OJJ

Agent:

DEVELOPMENT: TO FORM PEDESTFUAN GATE IN EXISTING FENCE ON SOUTH SIDE OF EASTFIELD ROAD AND ASSOCIATED PATH, SLABS ETC.

LOCATION: 7 GAILES ROAD, CARRICKSTONE, CUMBERNAULD, G68 OJJ

Ward No: 52 Grid: 275842-676 149 File Reference: GLA Site History: No Known History for the Site

Development Plan: Zoned as “Sites for new housing development” HGSB, PS2,6 and TR1 in the Cumbernauld Local Plan (Adopted) 1993

Contrary to Development Plan: N/A

CONSULTATIONS:

Objection: No Objection: Leisure Services, East of Scotland Water and West of Scotland Water No Reply: Estates Conditions:

REPRESENTATIONS:

Neighbours: Three letters of objection including one from Councillor McKenna, Newspaper Advert: Not required.

COMMENTS: This application is for the formation of a pedestrian gate in the existing fence on the south side of Eastfield Road and associated path, slabs etc. to create a link between the shop and nursery at Gailes Road and the wider community of Carrickstone and Westerwood. There have been three letters of objection from the public, including Councillor J. McKenna, and the Transportation Manager initially raised concerns over the location of the proposed crossing point.

Positive negotiations with the applicant resulted in amended plans being submitted which produced no adverse comments fiom those consulted, including Transportation

The/

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The accompanying report summarises the proposal, the objections received and the amendments made. I would therefore recommend that planning permission be granted subject to conditions.

RECOMMENDATION: Grant planning permission subject to the following conditions:

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.

2. That before the development hereby permitted starts, details of the design of the fencing and self closing gate shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

3. That before the development hereby permitted starts, full details andor samples of the surfacing materials to be used for the 1.2 metre wide footway hatched red on the approved plans shall be submitted to, and approved in writing by the Planning Authority.

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

4. That before the development hereby permitted starts, details of the shrubs to be planted within the area hatched green opn the approved plans, including number and species shall be submitted to, and approved in writing by the Planning Authority.

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

5. That within one year of the completion of the development hereby permitted, all planting, seeding included in the scheme of landscaping and planting, approved under the terms of Condition 4 above, shall be completed; and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason/ -3-

Reason: In the interests of amenity

List of Background Papers: Planning Application Forms and Plans registered on 7th May 1998 Amended Plans received on 4th September 1998 Consultation responses from West of Scotland Water dated 28/5/98; East of Scotland Water dated 5/6/98; Leisure Services dated 9/6/98; Transportation Manager dated 9/6/98. Letter of Objection from Councillor J. McKenna dated 26/5/98; Dawn Wallace dated 15/6/98 and Mary Gemmell dated 16/6/98.

Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478. APPLICATION NO: N/98/00657/FUL

1. PROPOSAL AND SITE

1.1 The proposal is for the formation of a pedestrian gate in an existing fence on the south side of Eastfield Road and an associated path, slabs etc linking the existing shop and nursery at Carrickstone Farm to the wider communities of Carrickstone and Westerwood. At present there is an informal gap in the fence which accesses onto Eastfield Road, but this is not an adequate long term solution for road safety reasons. The planning permission initially granted for the shop and nursery did not show a link through this boundary.

1.2 The application site is covered by “Sites for New Housing Development HG5, SH6 and PS2”, as defined by the Cumbernauld Local Plan (Adopted November 1993).

2. CONSULTATIONS

2.1 Leisure Services, East of Scotland Water and West of Scotland Water replied with no adverse comments on this application. The Transportation Manager, however, recommended refusal of the application on the following grounds:-

(a) The proposal would appear to be purely to facilitate crossing a busy distributor road to the shop in Gailes Road. (b) The location of the crossing, on a bend, is such that visibility for pedestrians is restricted, in particular crossing from the north to the south side of Eastfield Road.

3. REPRESENTATIONS

3.1 There were three letters of objection received in response to this application. They were from Dawn Wallace, Wtelees; Mary Gemmell, Eastfield and Councillor J. McKenna, Ward 55. The main grounds of objection were with regard to the inappropriate access point and the implications this has on road and pedestrian safety. They all raised the importance of erecting pedestrian barriers alongside the pavement to deter children from “darting” out onto Eastfield Road.

4 ANALYSIS AND RECOMMENDATION

4.1 The main point of concern was the inappropriate access point out onto Eastfield Road. It was felt that it would be appropriate to seek a satisfactory solution as the existence of the shop and the nursery would generate a desired crossing point between these amenities and the properties in Westerwood.

4.2 Amended plans were submitted by Mr Aulds which illustrated that the existing gap in the fence would be shut off and a 1.2 metre wide footway would run for approximately 4 1 metres adjacent to the nursery, with a 1.8 metre high timber fence on the nursery boundary and a 1.2 metre high timber fence on the road edge, thus creating a safe, visible walkway to a more appropriate crossing point. At the access point the footway is to be 5x2m with 1.5m wide section leading to the boundary fence, it is to be of adoptable stan&d.-?he area should be finished in asphalt to NLC’s requirements. There is also a 1.1 metre high steel pedestrian guard rail to be erected.

4.3 Thel -2-

4.3 The amended proposal eliminates the traffic safety concerns, whilst still allowing there to be an acceptable crossing point with adequate visibility for pedestrians. It is considered that on balance, the development as proposed is acceptable and that accordingly permission should be granted subject to the conditions attached. Application No: N/98/00749/FUL

Date Registered: 29th May 1998

APPLICANT: FORTE UK LTD, 166 HIGH HOLBURN, LONDON, WC16TT

Agent: JAMES SMITH ASSOC, TAVISTOCK HOUSE, WALTHAM ROAD, WOODLANDS PARK, MAIDENHEAD, BERKS

DEVELOPMENT: ERECTION OF A SINGLE STOREY FAST FOOD TAKE AWAY

LOCATION: LITTLE CHEF, CASTLECARY ROAD, CUMBERNAULD

Ward No: 52 Grid Reference: 7400 - 7600

File Reference: JR

Site History:

Development Plan: Cumbernauld Local Plan (Adopted) 1993 zoned:- IB1 - Existing Industrial Areas to Be Retained

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East of Scotland Water, West of Scotland Water, West of Scotland Archeology Service, Scottish Office National Roads Directorate Conditions: No Reply:

REPRESENTATIONS:

Neighbours: No Response Newspaper Advert: No Response

COMMENTS: This application has bekn received from James Smith Assoc, on behalf of Forte UK, for the erection of a fast food franchise adjacent to an existing Little Chef sit-in restaurant. This report outlines considerations deemed applicable to the larger site, which affects the siting of the proposed development and details the mitigation measures deemed necessary to allow the fast food restaurant to proceed.

Recommendation/

Comaps98/9800882F/JRNK

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RECOMMENDATION: Grant permission subject to conditions:-

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

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

2) That before development starts, full details and/or samples of the facing materials used on all external walls, windows, doors, rainwater goods and roofs shall be submitted to, and approved in writing by, the Planning Authority.

Reason: In order to protect the visual amenity of the site and the surrounding area.

3) That before development starts, a scheme of landscaping including boundary treatmenth), shall be submitted to and approved by the Planning Authority, and it shall include

details of any earth moulding, and hard landscaping, grass seeding and turfing a scheme of tree and shrub planting, incorporating details of the number, variety and size of trees and shrubs to be planted; an indication of all existing trees and hedgerows plus details of those to be retained, and measures for their protection in the course of development, and details of access points and footpath links into and through the shelterbelts shown green on the attached plan details of the phasing of these works.

4) That within one year of the development hereby permitted being brought into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 3 above, shall be completed; and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of development, shall be replaced in the next planting season with others of a similar size and species.

Reason/

Comaps98/9800882F/JR/JK -3-

Reason: In order to protect the visual amenity of the surrounding area.

5) That a Management Maintenance Schedule for the landscape scheme shall be submitted to and approved in writing by the Planning Authority prior to the commencement of landscape works. The landscaping shall thereafter be maintained in accordance with the approved maintenance schedule, to the satisfaction of the Planning Authority.

Reason: To enable the planning Authority to consider these aspects in detail and in the interests of the amenity of the site.

6) That before development starts a detailed design for all walls and fences to be erected on the site shall be submitted to and approved in writing by the Planning Authority, and it shall include details and specifications of the means of boundary definition to be used.

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

7) That prior to the sale of food to the public all walls and fences to be erected under Condition 6 shall be completed to the satisfaction of the Planning Authority.

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

8) That prior to the commencement of any works on site details of contractor’s temporary storage compound shall be submitted to and approved in writing by the Planning Authority

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

9) That prior to any development starting full details of the additional car parking to be provided on the site within the area shown outlined green on the approved plans shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt these details shall include surface materials, method of car parking demarkation and the ability of traffic to circulate throughout the existing and new car parks.

Reason/

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

10) That prior to the sale of food to the public all work required for the formation of the additional car parking and approved under the terms of Condition 9 above shall be complete.

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

11) Notwithstanding the fencing details required under Condition 6 above, that before development starts, full details are submitted to, and approved in writing by the Planning Authority, for the erection of a pedestrian gaurdrail on the area outlined in blue on the approved plans.

Reason: In the interests of traffic and pedestrian saftey

12) That prior to the sale of food to the public the pedestrian gaurdrail required under the terms of Condition 11 above be completed to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian saftey

13) That before development starts details of the number, location and style of litterbins be submitted to and approved by the Planning Authority.

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

14) That prior to the sale of food to the public the litterbins approved under Condition 13 above be installed to the satisfaction of the Planning Authority.

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

List/

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List of Background Papers

Application and plans dated 28 May 1998 Cumbernauld Local Plan (Adopted) 1993 Letter from West of Scotland Water dated 10th June 1998 Memorandum from Environmental Services dated 19th June 1998 Letter from East of Scotland Water dated 18th June 1998 Letter from the West of Scotland Archeaology Service dated 22nd June 1998 Memorandum from Transportation Section dated 26 June 1998 Letter from the Scottish Office, Roads Directorate, dated 28 August 1998 Memorandum from Transportation Section dated 2 September 1998

Any person wishing to inspect these documents should contact Jim Ravey on extension 01236 616479.

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APPLICATION NUMBER: N/98/00749/FUL

1.0 DESCRIPTION OF SITE AND PROPOSAL

1.1 This application has been submitted by James Smith Assoc., on behalf of Forte UK Ltd, for the erection of a single storey fast food take away adjacent to the Little Chef, Castlecary Road, Cumbernauld. The proposals indicate that the new building will consist of approximately 57 square metres of additional floorspace to the existing Little Chef Restaurant. This new building will be accessed from the existing entrance to the Little Chef via a lobby, with patrons turning left to access the fast food outlet or right to the Little Chef. The new outlet will be “split” into two distinct areas. The area open to the public, extending to approximately 18 square metres, will form a queuing/counter area where patrons will place their orders and await whilst their orders are prepared. On the submitted plans there are no facilities to allow the order, once prepared, to be consumed upon the premises. The remainder of the building is taken up with the food preparation area.

1.2 The site lies to the east of the Old Inns road junction and is bound to the south by the A80 and to the north by Caslecary Road (B816). The site can only be accessed from the A80 by a relatively short on/off slip lane on the eastbound lane. The site can also be accessed from the dual carriageway forming Castlecary Road from either direction. However any vehicle leaving the site from this access must turn left.

1.3 Within the site there is an existing Little Chef sit-in restaurant. The site also accomodates a petrol filling station. Within the confines of the site are 32 car parking spaces for the use of patrons to the Little Chef. The proposals, with the exception of two disabled spaces which will be relocated, will not affect the car parking provision.

1.4 The site is zoned in the Cumbernauld Local Plan (Adopted) 1993 IB1 Retention of existing industrial areas.

2.0 CONSULTATIONS

2.1 The site being within 40 metres of a National Trunk Road was referred to The Scottish Office Roads Directorate, who have no objections to the proposal. No objections were received from West of Scotland Water, East of Scotland Water or Council Environmental Services.

2.2 The Transportation Section of Northern Division expressed concerns over the car parking provision for the existing Little Chef restaurant and the ability of the existing car parking to cope with an additional car generating use. The Transportation Section have recommended that the proposal be refused unless extra car parking can be provided.

3.0 PLANNING ASSESSMENT AND CONCLUSION

3.1 The proposed development will provide an additional facility for the eastbound car borne traffic on the A80. The type of fast food operation will also attract local car borne traffic from the Cumbernauld area.

3.2 The 3.2 The site was visited on three occasions by a member of my Department, the observations on each visit are listed below:-

.. -- %age of car Dark be ing used itional comments 2418 12:15 57

2519 13:30 100 Service lorry in disabled car bays, also car sitting in car park circulation road awaiting a space to become available

2619 1240 100 Car parked at service bay

3.3 As can be seen the existing car park can, at certain times, barely cope with the numbers using the Little Chef restaurant. The agents for Forte UK have agreed to provide an additional 12 car parking bays to accomodate the new proposals which is agreeable to the Transporation Section of the Department.

3.4 Given the additional car parking being provided by the applicant should be sufficient for the new fast food take away I would therefore recommend that planning permission be granted for this proposal subject to conditions.

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Application No: N/98/00754/FUL

Date Registered: 27th May 1998

APPLICANT: MR. DOUGLAS MARTIN 229 CUMBERNAULD ROAD MUIRHEAD G69 9ND

Agent:

DEVELOPMENT: ERECTION OF DWELLING

LOCATION: 122 MAIN STREET, CHRYSTON

Ward No: 67 Grid Reference: 268887670120

File Reference: SD

Site History: TP/94/256 Erection of 6 flats and 11 townhouses. Refused 29 September 1994. N/97/00 174/OUT Erection of Dwelling (in outline). Withdrawn 27th August 1997 N/98/0116/OUT Erection of Residential Development (in outline) at 122/124 Main Street, Chryston. No decision to date.

Development Plan: Strathkelvin District Southern Area Local Plan adopted May 1983 - Unaffected Areas policies Northern Corridor Local Plan Consultative Draft approved April 1998 - Residential Policy HG3, HG4, HG5.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, The Coal Authority Conditions: No Reply:

REPRESENTATIONS:

Neighbours: Ten letters of objection received Newspaper Advert: Not required

COMMENTS: The application is for the erection of a single storey dwelling at 122 Main Street, Chryston. The area covered by the application is a gap site situated between a two-storey modern flatted development and a traditional single storey cottage. The site does not cover the entire width of the gap as there is a further gap, formerly 124 Main Street, between the new flatted development and the edge of the application site.

The area is covered by residential policies E.PR06/7 as defined by the Strathkelvin District Southern Area Local Plan adopted May 1983 and I I I I residential policies in the Northern Corridor Local Plan approved April 1998. The proposal is, therefore, in accordance with policy.

A number of objections and representations have been received.

Should this development proceed it is likely that the adjacent gap site will be unsuitable for residential development due to its narrow frontage of 9 metres. Notwithstanding the above disadvantage there should be a presumption in favour of development where proposals are in accordance with policy. The proposed dwelling is of a traditional design and incorporates many features which are complimentary to the existing buildings on Main Street and thus, on balance, it is recommended that planning permission be approved.

RECOMMENDATION: Grant subject to the following conditions:- 1. That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That external materials shall be wet dash and not as stated on the application plans.

Reason: To match the appearance of the adjoining building.

3. That before the development hereby permitted is occupied, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

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

4. That before the development hereby permitted is occupied, the unused existing dropped kerb should be removed and the pavement made good.

Reason: In the interests of traffic safety.

5. That the proposed timber frame windows shall be traditionally recessed to the satisfaction of the Planning Authority.

Reason: In the interests of the amenity of the building and the general area.

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

Reason: To safeguard the residential amenity of the area. 7. That the use of the garage hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in or from the garage.

Reason: To safeguard the residential amenity of the area.

7. That before the development hereby permitted starts:-

a) A methane contamination assessment report and required remedial measures or,

b) Construction details based on the assumption that methane is present

shall be submitted to and approved in writing, including any modifications as may be required by North Lanarkshire Council as Planning and Environmental Services Authority.

Reason: In the interest of public safety.

8. That prior to the occupation of the dwelling hereby permitted, the methane contamination remedial measures or appropriate construction works approved under Condition 7 above shall be carried out to the satisfaction of North Lanarkshire Council as Planning and Environmental Services Authority.

Reason: In the interests of public safety.

Background Papers:

Application form and plans Strathkelvin District (Southern Area) Local Plan 1983 Strathkelvin District Local Plan (Finalised Draft) 1995 Northern Corridor Local Plan approved 1998 Consultation Responses - West of Scotland Water, 8th June 1997 The Coal Authority, 9th June 1997 Letters of objection from: A McPherson, 5 Dornoch Place, Chryston dated 27/5/98 and 2/6/98 Mr D Gaitens, 76 Pentland Road, Chryston dated 3/6/98 Mr A Payne, 1 Dornoch Place, Chryston dated 3/6/98 M Hunter, 7 Dornoch Place, Chryston dated 9/6/98 Mr C Hone, 159 Chryston Road, Chryston dated 8/6/98 Mr&Mrs J Brown, 80 Pentland Road, Chryston dated 3/6/98 Mr W McGrath, 84 Pentland Road, Chryston dated 4/6/98 Mr S Kidd, 120 Main Street, Chryston dated 9/6/98 and 16/9/98

Any person wishing to inspect these documents should contact Sandra Davies at 01236-616466. APPLICATION NO.: N/98/00754/FUL

1.0 PROPOSAL AND SITE 1.1 The application is for the erection of a single storey dwelling at 122 Main Street, Chryston. This is a gap site which lies adjacent to a traditional 19th century cottage on one side and a further narrower gap site on the other.

1.2 The application site is covered by Unaffected Areas polices as defined by the Strathkelvin District Southern Area local Plan adopted May 1983 which states that “No major change is envisaged by the District Council within these parts of the built up and non-green belt areas where no specific development policies and proposals are indicated. Any future development proposals for these areas which are submitted to the District Council will be considered on merit and in terms of local planning criteria. Within residential areas no development of any significance will be acceptable other than general remedial works and small scale alterations and improvements consistent with the existing pattern of land uses and building types.” In addition, the site is covered by residential polices HG3-5 as defined by the Northern Corridor Consultative Draft Local Plan approved April 1998. These policies seek to maintain residential character and amenity. The proposal is in accordance with Local Plan policy.

1.3 Although not a Conservation Area, this part of Main Street, Chryston possesses special character in that it represents a traditional Scottish streetscene. The dwelling adjacent to the site is an old cottage. Beyond the existing gap site to the east, there is a block of 2 storey flats. Although constructed recently this building sits comfortably with its neighbours and exhibits a number of traditional features including window banding, recessed windows and a pend access. The prospect of a quality infill at this site thus provides an opportunity to improve this sensitive area.

1.4 The application under consideration at this Committee represents an amended design from the one originally submitted. The applicant requested a continuation from the last Committee in order to produce a more appropriate design for this sensitive area. The neighbours have been re-notified due to the change in appearance of the proposed dwelling.

2.0 SITE HISTORY 2.1 In September 1994 a planning application for 6 flats and 11 townhouses was refused for reasons of design, layout and scale. The 1994 application site in this case included the two gap sites. In August 1997 an application for the erection of a single dwelling was withdrawn due to difficulty of establishing in an acceptable form of development. There is also a current outline planning application for the erection of 7 flats covering both gap sites and a portion of the rear garden of 120 Main Street.

3.0 OBJECTIONS AND CONSULTATIONS 3.1 In total 9 objections have been received as a result of the neighbour notification process. The points of objection are summarised below:

development will leave an unsightly gap site loss of privacy of residents in houses to rear 0 detrimental effect on the natural environment ie trees felled / habitats lost 0 house squeezed onto small, narrow piece of land 0 would make adjacent site undevelopable design not complimentary to adjacent properties

3.2 With reference to the first objection noted above, the development of this site will have the effect of leaving the adjacent gap site undevelopable and this may be to the long term detriment of the character of this area of Chryston. Although a disadvantage, such a factor should not however be used as a reason for refusal of planning permission as the possibility exists that an alternative use could be found for this site. No adverse representations from consultees have been received. 3.3 A number of identical representations related to the loss of trees and the natural environment. The trees on the site are not covered by a Tree Preservation Order. In addition, the Council’s Conservation and Greening Section have advised that they consider that this site is suitable for development.

3.4 As a result of the re-notification process, a further objection was received form the neighbour at 120 Main Street. The points raised in this letter are as follows: 0 the windows on the west elevation of the proposed dwelling will look directly onto the property at 120 Main Street; 0 the development would result in the rear of the property at 120 Main Street being landlocked 0 the development would result in an off-street car parking space currently located on the application site; 0 the development will a narrow, undevelopable gap site; 0 the owner of 120 Main Street will be unable to maintain the gable end of the cottage at 120 Main Street and there may also be a problem with the chimney on the east gable.

3.5 There are three windows on the west elevation of the proposed dwelling and these are located 1 metre from the edge of the application site looking toward the rear garden of 120 Main Street. It is not uncommon for window in adjacent houses to look into the next door garden and it is not considered that this unacceptable reduced privacy. More weight is, however, given to the intervisibility of windows and guidelines contained within former building regulations provide an informal standard. In this case, the window to window distances, taking account of the angles involved, are greater than the recommended minimum as defined by these standards.

3.6 The residents of 120 Main Street are currently able to access the rear of their property via the application site. However, when this site was originally developed this would not have been the case and all access would be by way of the path to the west of the cottage. The site has also been used as an off-street parking site and should the development proceed there will be no alternative but to park on-street. While an increase in on-street parking does provide an area for concern, the right over the use of a portion of land would not normally be a matter for consideration within a planning application.

3.7 Concern has also been expressed regarding the future maintenance of the gable and chimney of the cottage. In such a situation it would seem appropriate to have properties with adjoining gables as this is part of the character of this area. A property owner cannot take access onto to someone else’s property for maintenance purposes forgranted and this is not an issue which can be resolve through the planning process.

3.8 The two points of objection which relate to the design of the dwelling are discussed later in this report.

4.0 OBSERVATIONS

4.1 The application site lies within a residential area of Chryston and the proposal is in accordance with the Development Plan. The amended design now incorporates a pend to provide access to a double garage situated to the rear. “Velux” windows are proposed for the rear elevation of the property to provide an opportunity for further living accommodation in the roof space. The ridge of the roof is approximately 0.75 metres higher than the existing cottage. This is considered to be acceptable given the varying style and heights of dwellings in the locality.

4.2 The proposed dwelling contains many traditional features which compliment the adjacent properties. The windows and doors are of similar proportions to the existing cottage and the pend reflects the existing pend which provides access to the rear of the block of flats. The proposed dwelling sits 2 metres back from the building line of the cottage at 120 Main Street and respects the same building line as the flats beyond the adjacent gap site. 4.3 As a result of negotiations with the applicant and agent it was agreed to turn round the rear section of the building to minimise privacy and overlook problems. The plans were originally submitted with the dining kitchen and two bedroom windows looking out to the east on to the block of flats beyond the gap site and three obscure bathroom and utility room windows looking out to the west. This produced a window to window distance of around 13.5 to 14 metres to both ground and first floor windows on the flats which would unacceptably affect privacy for residents of both dwellings. On the other side of the site there is currently a wall of about 3 metres in height which runs back from the gable end of the cottage. Within the garden of the cottage there is a lean-to shed which sits against this wall. Thus, with the negotiated changes no part of the window of the proposed house could be seen from the windows of the dwelling at 120 Main Street.

4.4 One area of concern noted in the previous section relates to the adjacent gap site which has a frontage of only 9 metres. It is therefore highly unlikely that a satisfactory residential infill could be developed at this site which would simultaneously respect building line, design and transportation requirements. Thus it appears that this site which is currently in a poor condition would remain undeveloped. National Planning Policy Guideline 1 (NPPG1) advises that there should be a presumption in favour of proposals which accord with the Development Plan. Beyond this it is the duty to the Planning Authority to consider any other material considerations. NPPGl notes that a material consideration should “fairly and reasonably relate to the particular determination”. While it could be argued that it is material for the Planning Authority to consider any incidental effects relevant to planning, it is not considered reasonable that the current condition of the adjacent site should dictate the future of an appropriate development on the application site.

5.0 CONCLUSION 5.1 In conclusion, this dwelling complies with the transportation and building line requirements of this site and has a design compatible with the traditional streetscape of this area of Chryston. This is one of the oldest parts of the village and it is considered that this proposal will not detract from the character and residential amenity of this part of Chryston. It is therefore recommended that planning permission be approved. Application No: N/98/00 11 16/OUT

Date Registered: 4th August 1998

APPLICANT: MR. C. HONE 159 CHRYSON ROAD CHRYSTON G69

Agent: CRGP Architects and Surveyors 26 Herbert Street Glasgow G20 6NB

DEVELOPMENT: ERECTION OF RESIDENTIAL DEVELOPMENT (3 FLATS) IN OUTLINE

LOCATION: 122/ 124 MAIN STREET, CHRY STON

Ward No: 67 Grid Reference: 268887670120

File Reference: SD

Site History: TP/94/256 Erection of 6 flats and 11 townhouses. Refused 29 September 1994. N/97/00 174/OUT Erection of Dwelling (in outline). Withdrawn 27th August 1997 N/98/00754/FUL Erection of Dwelling at 122 Main Street, Chryston. No decision to date.

Development Plan: Strathkelvin District Southern Area Local plan adopted May 1983 - Unaffected Areas policies Northern Corridor Local Plan Consultative Draft approved April 1998 - Residential Policy HG3, HG4, HG5.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, The Coal Authority Conditions: No Reply:

REPRESENTATIONS:

Neighbours: Six letters of objection received Newspaper Advert: Not required

COMMENTS: The outline application is for the erection of three flats at 122/124 Main Street, Chryston and a portion of the rear garden at 120 Main Street. There are no objections to the principle of appropriate residential development on what is currently an unattractive gap site within a traditional residential village street and the proposal is, therefore, in accordance with policy...... 1::.,......

,I ......

......

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...... I ...... ,...... ; \. ,..I,.. tOMARTY pLAc.E ...... Three street frontage flats are proposed with a pend access leading to parking at the rear. This application was initially submitted in outline for the erection of seven flats, however, further, to discussion with the applicant this was amended to three. This was because the second block was located to the rear of the plot and was considered backland development.

Six letters of objection have been received and Chryston Community Council have made a number of observations.

It is considered that the proposed outline development would provide an appropriate infill for this site and it is, therefore, recommended that planning permission be approved.

RECOMMENDATION: Grant subject to the following conditions:- 1. That before development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:-

the siting, design and external appearance of all buildings and other structures; the means of access to the site; the layout of the site, including all roads, footways and parking areas. the details of, and timetable for, the hard and soft landscaping of the site; the design and location of all boundary walls and fences; the provision of drainage works; the disposal of sewage.

Reason: To comply with Section 59 of the Town and Country Planning (Scotland) Act 1997

2. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

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

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in Condition (1) above, shall be made to the Planning Authority.

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

4. That the building shall comply with the following;

be traditionally designed to compliment the adjacent cottage front onto and take vehicular access from Main Street, be no higher than one and a half storeys, 0 have external materials of slate/ slate substitute tiles and roughcast or wetdash, 0 shall have a front building line on, or in front of line A/B as marked on the approved plan, or such other scheme as may be to the satisfaction of the Planning Authority.

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

5. That the vehicular access, turning area and off street parking provision shall be to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason: In the interests of road safety.

6. That any alterations to statutory undertaker's apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers; in this respect it should be noted that West of Scotland Water have advised that there may be public sewers in the site which may restrict development potential and that they should be contacted prior to works commencing.

Reason: To protect statutory undertaker's apparatus.

Background Papers:

Application form and plans Strathkelvin District (Southern Area) Local Plan 1983 Strathkelvin District Local Plan (Finalised Draft) 1995 Northern Corridor Local Plan approved 1998 Consultation Responses - West of Scotland Water, 18th August 1998 The Coal Authority, 7th August 1998 Chryston Community Council, 20th August 1998 Letters of objection from: A McPherson, 5 Dornoch Place, Chryston (undated) Mrs Lowe, 3 Dornoch Place, Chryston (undated) Mr & Mrs B Robinson, 82 Pentland Road, Chryston dated 7/8/98 Mr D Gaitens, 76 Pentland Road, Chryston dated 11/8/98 Mrs E Hunter, 7 Dornoch Place, Chryston dated 12/8/98 Ms S McGrath, 84 Pentland Road, Chryston dated 13/8/98

Any person wishing to inspect these documents should contact Sandra Davies at 0 1236-6 16466. APPLICATION NO.: N/98/01116/OUT

1.o PROPOSAL AND SITE 1.1 The outline application is for the erection of three flats at 122/124 Main Street, Chryston and a portion of the rear garden at 120 Main Street. Two adjoining gap sites and a section of rear garden are incorporated within the application site. As well as existing and former garden areas a significant part of the site is landlocked unused land.

1.2 The application was originally submitted for the erection of 7 flats in outline. This indicative scheme also contained a block of four flats to the rear of the plot. These four flats were, however, considered to be unacceptable and were viewed as backland development with no relationship to the existing road pattern. Further to discussions with the applicant, this aspect of the application was withdrawn.

1.3 The application site is covered by Unaffected Areas pokes as defined by both the Strathkelvin District Southern Area local Plan adopted May 1983 and the Strathkelvin District Local Plan Finalised Draft approved August 1995. Unaffected Areas policy E.PR06 in the adopted Local Plan specifies that within residential areas only development consistent with the existing pattern of land uses will be acceptable. In addition, the site is covered by residential pokes HG3-5 as defined by the Northern Corridor Consultative Draft Local Plan approved April 1998. The principle of residential development is in accordance with Local Plan policy although not the specific detail of the proposal.

1.3 Although not a Conservation Area, this part of Main Street, Chryston possesses special character in that it represents a traditional Scottish streetscene. The dwelling adjacent to the site is an old cottage. Beyond the existing gap site to the east, there is a block of 2 storey flats. Although constructed recently this building sits comfortably with its neighbours and exhibits a number of traditional features including window banding, recessed windows and a pend access. The prospect of a quality infill at this site thus provides an opportunity to improve this sensitive area.

2.0 SITE HISTORY 2.1 In September 1994 a planning application for 6 flats and 11 townhouses was refused for reasons relating to design and backland development. The application site in this case included the two gap sites. In August 1997 an application for the erection of a single dwelling was withdrawn due to difficulty of establishing in an acceptable form of development. There is also a current detailed planning application (N/98/00754/FUL) for a single dwelling on that part of the gap site at 122 Main Street. This is before the Committee with a recommendation for approval.

3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 Summaries of consultation responses for this application and for planning application N/98/00754/FUL covering part of the site are as follows: 0 The Coal Authority: No adverse comments 0 West of Scotland Water: There are public sewers in the vicinity 0 Director of Leisure Services: Proper management of the rear “wild area” would retain the wildlife habitat 0 Transportation Manager: No objections subject to compliance with requirements concerning the position of the pend, the necessary visibility splay, the number of parking spaces and the resurfacing of the public footway.

3.2 Six letters of objection have been submitted with the following points being raised: 0 The new block of flats will adversely affect the privacy of neighbouring residents 0 The rear block of flats will overshadow existing gardens and will adversely affect the outlook from neighbouring properties. 0 There will be noise nuisance from the rear parking area 0 A peaceful area containing attractive trees and wildlife will be adversely affected 0 There is not a strong market for flats in the area 3.3 Chryston Community Council have not objected but have commented that not all land is controlled by the applicant, the cottage at 120 Main Street should be better protected and there should be a gap between the proposed frontage building and the adjacent flats at 126 Main Street. They state that subject to the above, the proposals would improve the unsightly gap site.

4. OBSERVATIONS AND CONCLUSIONS 4.1 The application proposals have the opportunity to provide a potentially acceptable road frontage, removing all of the current unsightly gap site (unlike the separate application for a single dwelling at 122 Main Street now being recommended for approval which will develop approximately two thirds of the gap site) and accords in general terms with the Local Plan residential policies. It is not considered that the points raised by objectors represent overriding problems especially with the removal of the rear block of flats.

5.0 CONCLUSION 5.1 Taking account of the above, it is considered that the above outline application for the erection is acceptable and accordingly it is recommended that planning permission be approved. Application No: N/98/0075 7FUL

Date Registered: 27th May 1998

APPLICANT: BEAZER HOMES, 1 NAPIER PARK, WARDPARK NORTH, CUMBERNAULD, G68 OBH

Agent:

DEVELOPMENT: CHANGE OF USE OF OPEN SPACE TO RESIDENTIAL AND ERECTION OF 13 DWELLINGHOUSES

LOCATION: AREA C3, WESTERWOOD, CUMBERNAULD

Ward No: 52 Grid Reference: 275998676741

File Reference: IE

Site History: None

Development Plan: Cumbernauld Local Plan Policy EN26 - Significant Areas of Open Space: Limited Development Allowed.

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, East of Scotland Water, The Coal Authority, Department of Education, Department of Leisure Services, Scottish Natural Heritage, West of Scotland Archaeology Services, British Gas Transco. Conditions: Department of Environmental Services No Reply: Scottish Power

REPRESENTATIONS:

Neighbours: 20 letters of objection including one from Councillor Gordon Murray and a petition with 82 signatures have been received. Newspaper Advert: 2 letters of objection

COMMENTS: Beazer are currently constructing 29 large dwellinghouses on an adjacent site, called Westerwood C2. This application plus two others in the agenda - N/98/00580/FUL and N/98/01035/FUL - together seek to re-position three of the approved houses to allow the road to be extended into the site and to erect 13 new large detached houses. These applications should be considered jointly.

Twenty/

-2-

Twenty-two letters of objection and a petition from local residents has been received but I do not consider the grounds of objection to be sufficient to merit refusal of these applications which have been considerably altered by the applicant to try to satisfj as many of the issues as possible.

Should the Committee agree to grant this application it will require to be referred to the Secretary of State as being a departure from the Development Plan.

RECOMMENDATION: Grant, subject to the following conditions

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

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

2) That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

3) That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected are occupied, the fence or wall, as approved under the terms of Condition 2 above, shall be erected.

Reason: To safeguard the amenity of future residents.

4) That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls or other means of enclosure shall be erected between the front of the dwellinghouses hereby permitted and the adjoining road.

Reason: To safeguard the amenity of future residents.

5) That before the development hereby permitted starts, full details and samples of all external materials to be used in construction including walls, roofs, windows, doors, gutters and drainpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason/ -3-

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

6) That before any works begin on the construction of any road, house or other infrastructure, the landscaping scheme for the area shaded pink and the fencing along the lines shown in orange on approved drawing number 306/90/01, shall be entirely completed in strict accordance with the proposals and details shown on that drawing.

Reason: In order to allow vegetation translocation and to protect landscaped areas during construction work.

7) That notwithstanding the terms of condition no 6 above, within six months of occupation of the third last dwelling house within the development hereby permitkd, all planting, seeding, turfing and earth moulding shown on approved drawing number 306/90/01 shall be completed, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within three years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

8) That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of

a) the proposed external lighting provided for the area hatched brown on the approved plans; b) the proposed grassed, planted and landscaped areas hatched green on the approved plans; and c) the proposed fences to be erected along the boundaries marked blue on the approved plans

Reason: To safeguard the amenity of the area.

9) That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 8 above shall be in operation.

Reason: To safeguard the amenity of fiture residents.

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

Reasonl -4-

Reason: To safeguard the amenity of the area.

11) That before the development hereby permitted starts, details of the drainage and sewage disposal works shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To retain effective control.

12) That none of the dwellinghouses hereby permitted shall be occupied until the drainage and sewage disposal works have been completed in accordance with the plans submitted to, and approved in writing by the Planning Authority including any modifications as may be required under the terms of condition 11 above.

Reason: To ensure the effective and efficient disposal of sewage effluent.

13) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no integral garage shall be used as a habitable room.

Reason: In order to retain effective control and to ensure the provision of adequate parking facilities within the plot.

14) That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course level.

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

15) That before the last of the dwellinghouses hereby permitted is occupied, all roads and fwtways shall be completed to final wearing course.

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

16) That before development starts, details of the surface finishes to all parking and manoeuvring areas and driveways shall be submitted to and approved in writing by the Planning Authority including any modifications as may be required.

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

17) That construction works shall be restricted to 8.00 a.m. - 7.00 p.m. Monday to Friday, 8.00 a.m. to 1.00 p.m. Saturday and no working on Sundays or public holidays.

Reason/ Reason: In the interests of the amenity of existing residents.

Notes: 1) The applicant has agreed to enter into a Section 75 Agreement to limit the development site.

2) The application has to be referred to the Secretary of State as a department from the Local Plan.

List of Background Papers

Application form and plans Cumbernauld Local Plan Memo fiom Transportation Manager dated 27th. May 1998. Letter from West of Water dated 4th. June 1998. Letter from East of Scotland Water dated 1 lth. June 1998. Letter from The Coal Authority dated 10th. June 1998. Memos from Department of Environmental Services dated 9th. June 1998 and 15th June 1998. Memo from Department of Education dated 18th. June 1998. Memos from Department of Leisure Services dated loth. June 1998 and 16th. June 1998. Letter from Scottish Natural Heritage dated 25th. June 1998. Letter from West of Scotland Archaeology Service dated 22nd. June 1998. Letter from British Gas Transco dated 18th. June 1998. Letter from Glasgow and the Clyde Valley Structure Plan Joint Committee dated 1st. July 1998. Letter from William Curry, 7 Troon Gardens, Westerwood dated 29th. May 1998. Letter from Mr & Mrs T Budde, 10 Birkdale Crescent, Westerwood dated 3 1st. May 1998. Letter from Lynda C Dunn, 16 Troon Gardens, Westerwood dated 3 1st. May 1998. Letter from Mr & Mrs G Milloy, 6 Troon Gardens, Westerwood dated 2nd. June 1998. Letter from Peter J and Linda Farquhar, 1 1 Troon Gardens, Westerwood dated 15th. June 1998. Letter from William Curry, 7 Troon Gardens, Westerwood dated 3rd. June 1998. Letter from Mr & Mrs Dow, 17 Troon Gardens, Westerwood dated 30th. May 1998. Letter from Councillor Gordon Murray J.P, PO Box 14, Civic Centre, Motherwell dated 5th. June 1998. Letter from Catherine S. Cairney, 9 Troon Gardens, Westerwood dated 4th. June 1998. Letter from Hugh Clarke, 3 1 Kings Drive, Westerwood received 22nd. June 1998. Letter from Cumbernauld Greenspaces, Cumbernauld House, Cumbernauld dated 26th. June 1998. Letter from M. Fox-Davies, 2 Kings View, Westerwood dated 22nd. June 1998. Letter from Mr & Mrs W Pollock, 2 Troon Gardens, Westerwood dated 20th. June 1998. Letter from Thomas Law, 14 Kings Drive, Westerwood dated 18th. June 1998. Letter from R. P. Deans, 7 Kings Drive, Westerwood dated 2nd. July 1998. Letter from Thomas Law, 14 Kings Drive, Westerwood dated 28th. July 1998. Letter from Peter Millar, 13 Troon Gardens, Westerwood dated 19th July 1998. Letter from Mr & Mrs J. R. G. Gardiner, 27 Kings Drive, Westerwood dated 3rd. August 1998. Letter from Cumbernauld Greenspaces, Cumbernauld House, Cumbernauld dated 7th. August 1998. Letter from Douglas and Catherine Logan, 33 Kings Drive, Westerwood dated 27th. July 1998. Letter from Thomas Law, 14 Kings Drive, Westerwood dated loth. August 1998. Letter from Cumbernauld Greenspaces, Cumbernauld House, Cumbernauld dated 26th. August 1998. Petition containing 65 signatures per Thomas Law, 14 Kings Drive, Westerwood dated 3rd. June 1998. Letter with a further 17 signatures for the petition from Thomas Law, 14 Kings Drive, Westerwood dated 15th. June 1998.

Letter/ -6-

Letter to Beazer Homes dated loth. July 1998. Letter from Beazer Homes dated 29th. July 1998. Letter to the objectors dated 3rd. August 1998. Letter from Beazer Homes dated 1 lth. August 1998 Letter to the objectors dated 20th. August 1998. Letter from Beazer Homes dated 26th. August 1998.

Any person wishing to inspect these documents should contact Iain Ewart on 01236 616472. APPLICATION NO: N/98/00757/FUL

1. PROPOSAL AND SITE

1.1 Planning permission for the erection of 29 detached houses, formation of roads etc. was granted under Reference N/97/00 197FUL on an area of land labelled Westerwood C2 by Cumbernauld Development Corporation. The developer has been in contact with the owners of an adjacent piece of land and agreed an arrangement to purchase the site subject to obtaining planning permission. The proposal involves re- positioning three of the approved houses in C2 - see application numbers N/98/00580/FUL and N/98/0103YFUL elsewhere on this agenda - to allow room to extend an approved road in C2 into this site (C3) and to build thirteen large two-storey detached houses on the site. Only about 30% of the site being transferred is proposed to be developed. This site is on a south facing slope, its northern boundary forming a ridge. The eastern half of the site is heavily wooded and vegetated with pine, gorse etc. and is not proposed to be developed. The western half of the site is intermittently vegetated by heather, moss and young birch which have ecological merit. The remainder of this area is de-graded having been clear felled of birch some of which still lies on the site. Some of the birch are naturally re-generating but generally this area is rather barren with evidence of some old tracks running through it.

1.2 The application when first submitted proposed 12 houses with some eating into the woodland to the east others bounding existing and approved houses to the west and north. I was unhappy with this proposal because of the adverse effect it would have on existing trees and because it would form skyline development on the ridge. The developer was initially reluctant to alter the proposal, as the houses were so positioned that sewerage discharge could be taken by gravitation into the sewers already under construction in C2. However it was pointed out that sewage could be discharged by gravity to sewers in the vicinity of Gleneagles Avenue to the south, and the proposal has now been altered with the houses avoiding the trees and being moved south off the ridge and away from existing and approved houses. One other change, however, is that the number of houses has been increased to thirteen houses to take account of increased costs caused by the requirement of a remote sewerage run.

1.3 A landscape plan has now been submitted showing the clumps of heather/moss being translocated to proposed areas of open space which are currently de-graded, the developer having taken expert horticultural advice on how to achieve this.

1.4 Physically there is nothing preventing the remaining areas of open space within the application site, from being developed and this is obviously a matter of concern and one I have taken up with the developer. He has, however, agreed to enter into a Section 75 Agreement which would prevent development of areas of open space in his ownership, and also prevent access from this site into other areas of open space not in his ownership.

1.5 The site is identified as a significant area of open space where limited development will be allowed in the Cumbernauld Local Plan and should Committee be of a mind to grant consent, the application will firstly be required to be sent to the Secretary of State in tern of the Development Contrary to Development Plans procedure.

2. CONSULTATIONS

2.1 West of Scotland Water, East of Scotland Water, The Coal Authority, the Department of Education, the Department of leisure Services, Scottish Natural Heritage, the West of Scotland Archaeology Services and British Gas Transco have all been consulted and offer no objections.

2.2 The/ -2-

2.2 The Director of Environmental Services has no objections but recommends that the hours of construction work be limited in the interests of the amenity of existing residents.

2.3 Scottish Power did not reply.

3 OBJECTIONS

3.1 Twenty two letters of objection, one from Councillor Gordon Murray, and a petition containing 82 signatures have been received.

3.2 The grounds of objection can be summarised as follows:-

The development will generate traffic and exacerbate an existing problem of high traffic flows and speeding on King’s Drive. The proposed houses will overshadow existing houses. There will be destruction of woodland. This site is capable of taking many more houses and this application is merely a way of getting a ‘foot in the door’. There are no parking facilities so that when visitors park on the existing street there will be no through road to this development. Whilst the driveways of the houses on King’s Drive can accommodate at least four cars, the driveways of the houses off Birkdale Crescent can only accommodate two cars. The building works will cause disruption and be a continuation of such disruption which has now been on-going for several years. Construction traffic will block the road as happens at present. Wildlife will be disrupted and adversely affected. The area is designated as open space and should not be developed. Cala Homes made a hardcore foundation for drainage and support to the rear of the homes, and there is concern about building works in this area. The proposed development will obscure the skyline. Children have to travel signdicant distances to attend school and firther development will only stretch existing facilities further. Further development is unnecessary in view of the considerable development activity which is underway in this part of the town. King’s Drive was not intended to be a major access road. The proposal will not enhance the amenity of the area which used to be attractive because of its quiet location. The selective ambience of the executive houses in this location will be eroded. As no provision has been made for schooling at primary and nursery levels or for any other community facilities it would be invidious to allow this or any other scheme to proceed without a substantial contribution for the provision of education and other facilities. Neither Beazer nor Cala indicated that this development was intended when the existing homes were purchased, and indeed they said that no further homes would be built. Calluna heath is declining nationally and locally and there is a case for the local authority listing this site as a Local Site of Importance for Nature Conservation. Existing residents are being disadvantaged through a developer seeking further profits. -3-

v) There are other plots available in the immediate area which are not moving very quickly. w) The proposed development will adversely affect the attractiveness of playing the Golf Course. x) The proposal will lead to further incidences of residents being struck by golf balls. y) The remaining open space will be fragmented reducing its value as a wildlife habitat.

4. OBSERVATIONS

4.1 I would comment on the grounds of objection detailed above in turn as follows:-

The Transportation Manager advises that King’s Drive is a general access road and is not subject to high traffic flows. He has offered to make available professional road training advice and publicity material for residents of areas where there is local concern over speeding. As the house positions are now further down the hill, thls will not occur. As the house positions have been moved, the woodland will be virtually un-touched. If the applicants enter into the Section 75 Agreement already described, then the objectors concern is negated. There is adequate off-street parking in the substantial driveways. This comment does not relate to the current proposal, but an existing adjacent development. Long term development should not be thwarted by short term inconvenience. On numerous site visits, the site has not been blocked and I see no reason why construction traffic would stop on the road short of the application site. The Council’s ecologist does not consider the area to be developed to be a valuable habitat. The area is currently designated as open space. The proposed houses now being down the hill away from the Cala Houses, there does not seem to be the possibility of a problem. This does not now apply as the houses have been moved down the hill. The proposed development will have no implications as to how far children currently travel to school, and the Director of Education advises that existing facilities can accommodate any children who may occupy the proposed houses. The development is not being promoted by the Council, it is the developer who wishes to build it in competition with others. Being only thirteen houses it does not have significant implications for the housing market in this area. King’s Drive is a general; access road which can accommodate the traffic generated by the proposal. I do not consider that a further thirteen houses in this area will have any significant impact on amenity. The proposed houses are very large, to a large extent screened from existing adjacent houses by the ridge and proposed planting, and should not prejudice the objector’s perceived selective ambience. The Director of Education has indicated that existing facilities can cope, therefore the issue of such planning gain is not appropriate in this case. The Council cannot comment on discussions or undertakings between developers and their customers. The Council’s ecologist does not consider the area to be developed to be of any special ecological value. The developer is entitled to negotiate land acquisitions and submit planning applications. Whether houses are selling quickly elsewhere is the business of those developers and could relate to their pricing regime. The fact is that this applicant wishes to build this development. -4-

w) This is very much an over-statement as none of the curtilages of the proposed houses will border the Golf Course. x) The proposed houses are not positioned such that they should be affected by errant golf balls. y) On the contrary, by bringing together the isolated clumps of heather and augmenting it, albeit on a smaller area, a useful habitat will be formed.

5. CONCLUSION

5.1 The proposed houses will be unobtrusive and should not pose any problems infrastructurally and can be suitably accessed. The land where development is to occur is not of ecological merit and indeed via the proposed landscape scheme an improvement may occur.

5.2 The consultees have no objections and by changes made to the proposals some of the objectors concerns have been addressed. The grounds of objection which still apply do not in my opinion merit refusal of this application.

5.3 The proposal is contrary to the development plan. However, I consider that strict adherence to that plan in this instance would be inappropriate. This proposal would allow a quality, unobtrusive development on de-graded land and the upgrading of a significant area of damaged open space. The applicant is willing to enter into a Section 75 Agreement which would prevent further development of open space within the application site, and as a result make it very difficult to develop other open space in the surrounding area. By granting this application therefore, a much larger and more valuable area of open space will be safeguarded permanently, whilst refusal of this limited proposal may result in further applications for larger developments.

5.4 As existing, the ecological value of the site has been compromised and degraded and the limit to the built up area is not securely defined and is likely to be the subject of continued development pressure.

5.5 As proposed, the best landscape features are retained and improved, and a defensible and rational boundary to the built up area will be clearly defined by the Section 75 Agreement.

5.6 I consequently recommend that the Committee grant approval. Should the Committee agree, this application will require to be referred to the Secretary of State as being a departure from the Development Plan. Application No: N/98/01035/FUL

Date Registered: 17th. July 1998

APPLICANT: BEAZER HOMES, 1 NAPIER PARK, WARDPARK NORTH, CUMBERNAULD

Agent: DEVELOPMENT: Re-positioning of dwellinghouse

LOCATION: Plot 202, Area C2, Westerwood, Cumbernauld

Ward No: 52 Grid: 176167676649 File Reference: IE

Site History: The site is part of a consent for 29 houses at Westerwood C2 granted under reference N/97/00 197/FUL.

Development Plan: Cumbernauld Local Plan Signtficant areas of open space: Limited development allowed

Contrary to Development Plan: No

CONSULTATIONS: None required

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: None directly although objections to a related application could possibly be interpreted as being a referral to this application hence the presence of this application on the agenda. Newspaper Advert: Not required

COMMENTS: If the proposals described in the report relating to application number N/98/00797/FUL are to proceed, this house requires to be re-positioned hence this application. The background to this proposal is described in the report on application N/98/00797/FUL. This proposal and applications N/98/00580/FUL and N/98/00757/FUL should be considered jointly.

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

2. That/ WESTERWOOD C2 -2-

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

Reason: In order to retain effective control.

3. That before the dwellinghouse hereby approved is erected or occupied, the fences, or walls, for which the permission of the Planning Authority has been obtained under the tern of Condition 2 above, shall be erected.

Reason: To safeguard the amenity of future residents.

4. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls or other means of enclosure shall be erected between the front of the dwellinghouse and the adjoining road.

Reason: To safeguard the amenity of future residents.

5. That before development starts, full details and samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by, the Planning Authority.

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

6. That no electricity transforming, or switching equipment, gas governor. or sewage pumping station shall be erected on any part of the site without the prior written consent of the Planning Authority.

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

7. That notwithstanding the provisions of the Town and Country Plannin g (General Permitted Development) (Scotland) Order 1992, any integral garage shall not be used as a habitable room, without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plot.

8. That/ -3-

8. That before development starts, details of the surface finishes to curtilage parking areas and driveways shall be submitted to, and approved in writing by, the Planning authority.

Reason: These details have not been submitted.

9. That the dwellinghouse shall not be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course level.

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

List of Background Papers:

Application form and plans Cumbernauld Local Plan Letter from Beazer Homes dated 1st. August 1998

Any person Wishing to inspect these documents should contact Iain Ewart on 01236-616472.

Comaps98/980 1035FmYJK Application No: N/98/00580/FUL

Date Registered: 27th. April 1998

APPLICANT: BEAZER HOMES, NAPIER PARK, WARDPARK NORTH, CUMBERNAULD

Agent:

DEVELOPMENT: RE-POSITIONING OF TWO HOUSES

LOCATION: PLOTS 203 AND 201 AT WESTERWOOD C2, CUMBERNAULD

Ward No: 52 Grid: 275996 - 6767 1 1 File Reference: IE Site History: Planning consent No. N/97/00197/FUL for the erection of 29 houses at Westerwood C2.

Development Plan: Cumbernauld Local Plan Policy EN26 - Significant areas of open space: Limited development allowed.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Department of Leisure Services No Reply: Conditions:

REPRESENTATIONS:

Neighbours: There are some letters of objection which relate to another application on this agenda - N/98/00757/FUL - which could be interpreted as relating to this application.

Newspaper Advert:

COMMENTS: This application is on the agenda because of the possibility that objections which mainly relate to application number N/98/00757/FUL could be interpreted as an objection to this application. However in itself, the granting of this application which involves moving two houses within the previously approved layout has no impact on the general development of this area. This proposal and applications N/98/00757/FUL and N/98/0 1035FUL should be considered jointly.

RECOMMENDATION: Grant, subject to the following conditions:-

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

Reason/ Pvsw Pla"nt.tIn WESTERWOOD C2

,..I -2-

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

Reason: In order to retain effective control.

3. That before any of the dwellinghouses situated on a site upon which a fence or wall is to be erected or occupied, the fence, or wall, for which the permission of the Planning Authority has been obtained under the terms of Condition 2 above, shall be erected.

Reason: To safeguard the amenity of future residents.

4. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls or other means of enclosure shall be erected between the front of the dwellinghouse and the adjoining road.

Reason: To safeguard the amenity of future residents.

5. That before development starts, full details and samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by, the Planning Authority.

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

6. That no electricity transforming, or switching equipment, gas governor. or sewage pumping station shall be erected on any part of the site without the prior written consent of the Planning Authority.

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

7. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any integral garage shall not be used as a habitable room, without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plot.

8. That/ -3-

8. That before development starts, details of the surface finishes to curtilage parking areas and driveways shall be submitted to, and approved in writing by, the Planning authority.

Reason: These details have not been submitted.

9. That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course level.

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

List of Background Papers:

Application form and plans Cumbernauld Local Plan Memo from Transportation Manager dated 4th. June 1998 Memo from Director of Leisure Services dated 20th. May 1998 Letters from William Currie, 7 Troon Gardens, Westerwood, Cumbernauld dated 29th. May 1998 and 3rd. and 30th. June 1998 Letters from Beazer Homes dated 30th. June and 1lth. August 1998.

Any person wishing to inspect these documents should contact Iain Ewart on 01236-61 6472. Application No:

Date Registered: 16th. June 1998

APPLICANT: BASS TAVERNS, 289 ELMBANK STREET, GLASGOW G2 4JL

Agent: Bum Design, 76 Dumbarton Road, Glasgow G81 1UG

DEVELOPMENT: CHANGE OF USE OF INTEGRAL SHOP TO PUBLIC HOUSE EXTENSION

LOCATION: 138 CUMBERNAULD ROAD, MUIRHEAD, CUMBERNAULD G69 9DY

Ward No: 67 Grid: 268432 - 669507 File Reference: PW Site History: N/97/00 137/FUL: Change of Use from Car Park to Beer Garden

Development Plan: Strathkelkvin District (Southern Area) Local Plan 1983 - Policy EPR06 area unaffected by specific proposals and Policy EPR07 Development Control in residential area. North Lanarkshire Council Northern Corridor Local Plan (Consultative Draft) 1998 - Policy SCl to protect and enhance local shopping areas.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: Letter from Mrs. M.P. Wotherspoon, 156 Cumbernauld Road Newspaper Advert: NIA

COMMENTS: This application seeks approval for the change of use of the off sales shop at 138 Cumbernauld Road, Muirhead. The shop, although separate from the Muirhead Inn is withm the same building as the adjacent public house. The proposed change of use seeks to integrate the shop unit into the public house by converting it into an additional public floor area for the public house. This involves the removal of the shop sign from the street frontage and the conversion of the existing shop door into an additional window for the public house.

Although a letter of objection has been received, it is considered that the proposal is acceptable as it will reinstate the original hction of the whole buildmg and will not be of detriment to surrounding uses. It is therefore recommended that planning permission be granted subject to conditions.

Recommendation/ - [ i...... I....' "

Footba I I Ground -2-

RECOMMENDATION: Grant subject to the following conditions:-

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

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

List of Background Papers:

Application form and plans Strathkelvin Southern Area Local Plan 1983 Northern Corridor Local Plan (Consultative Draft) 1998 Letter from Mrs. M.P. Wotherspoon, 156 Cumbernauld Road, dated 13th. June 1998

Any person wishing to inspect these documents should contact Paul Williams on 01236-616464 APPLICATION NO: N/98/00865/FUL

1. SITE AND PROPOSAL

1.1 This application has been submitted by Bass Taverns for the change of use of the existing off sales shop, which is integral with the Muirhead Inn building, to an extension of the Public House at 138 Cumbernauld Road, Muirhead.

1.2 The off sales was origtnally part of the Muirhead Inn premises which lies in the commercial centre of Muirhead. The proposal would result in the off sales shop and storage areas being converted into public floor space and kitchen space for the Public House.

2. CONSULTATIONS AND OBJECTIONS

2.1 The Transportation Section of my Department have expressed concern that the additional public floor area that the proposal would result in would require an additional three parking spaces within the car park dedicated to the Public House. However, a previous application for the formation of a Beer Garden was approved on condition that the existing car park be formally laid out with twenty five parking bays. This has been carried out and it is therefore considered that the car park can now be more efficiently used. Furthermore, it is not considered that the additional 35m2 public floor area will necessarily attract additional vehicles to the car park which although officially for the use of patrons only, in practice is used as a general village car park.

2.2 A letter of objection was received by Mrs. M.P. Wotherspoon of 156 Cumbernauld Road, Muirhead which is adjacent to the existing off sales premises. The objection was on the grounds of previous anti- social behaviour around the off sales shop. This cannot be directly considered alongside the proposal, as anti-social behaviour is a general cultural problem. It is not considered that the proposal will have any adverse effect on this behaviour.

3. OBSERVATIONS AND CONCLUSION

3.1 The proposed use is considered to be appropriate in that it will return the off sales shop to its original use and will therefore consolidate the external appearance of this stand alone building which has a strong individual character.

3.2 It is acknowledged that based on current car parking provision standards the extra 35m2 public floor area would justify an extra three spaces. It is however considered that the proposed use will not generate significant levels of extra customer vehicles and will not detrimentally effect surrounding residential amenity.

3.3 I therefore consider that on balance, this proposal is acceptable, and would recommend that this application be granted planning permission, Application No: N/98/00882/FUL

Date Registered: 22nd June 1998

APPLICANT: STEWART MILNE HOMES, ORCHARD BRAE HOUSE, 30 QUEENSFERRY ROAD, EDINBURGH

Agent:

DEVELOPMENT: ERECTION OF 58 DWELLINGS AND ASSOCIATED WORKS

LOCATION: PROJECT 10, DULLATUR, CUMBERNAULD

Ward No: 55 Grid Reference: 7453 - 7651

File Reference: JR

Site History: Site identified for housing in Section 6( 1) Approval dated July 199 1. N/97/00269/FUL - Erection Of 103 Dwellings And Associated Works N/98/00 193/FUL - Relocation of House on Plot 48 and Amendment to Eastern Boundary on Plots 48,55,57 and 58

Development Plan: Cwnbernauld Local Plan (Adopted) 1993 zoned:- HGSA, PS2 Sites For New Housing Development: A: AuchinbedCraigmarloch

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East of Scotland Water, West of Scotland Water Conditions: No Reply: Dullatur Community Council

REPRESENTATIONS:

Neighbours: None. Newspaper Advert: Not required.

COMMENTS: This detailed application has been received from Stewart Milne Homes, for the erection of 58 dwellings, the installation of a road network, service infrastructure and landscaping at Project 10, Dullatur, Cumbernauld. A detailed description of the scheme and my comments and observations on the proposal are contained in the accompanying report.

Recommendation/ 'roduced by 1 PLANNING APPLICATION: N/98/00882/FUL alanntng and Development Department N Vorthem Division j STEWART MILNE HOMES Zron Way ,UMBERNAULD I PROJECT 10 DULLATUR 267 ID2 ERECTION OF 58 DWELLINGS A Telephone 01236 3616400 Fax 01236 616420 i 1:3000 This copy has been produced specifically for Planning and Bulldtng Control purposes only 3s Licence LA 09041L 1 NO further copies may be made -2-

RECOMMENDATION: Grant permission subject to conditions:-

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

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

2) That before development starts, full details andor samples of the facing materials used on all external walls, windows, doors, rainwater goods and roofs shall be submitted to, and approved in writing by, the Planning Authority.

Reason: In order to protect the visual amenity of the site and the surrounding area.

3) That notwithstanding the provisions of Class 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the proposed integral garages shall not be used as a habitable room, without prior written consent of the Planning Authority.

Reason: In the interests of the amenity of the site and to enable the Planning Authority to retain effective control.

4) That the use of the garages hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellings on the site, and no commercial activity shall be carried out, in, or from, said garages.

Reason: In order to protect the amenity of the site and the surrounding area.

5) That no dwelling shall be occupied until the access roads and footpaths leading thereto have been constructed to base course level.

Reason: In the interests of traffic safety at the locus and to ensure satisfactory traffic circulation within the site.

6) That within six months of the date of completion of the final dwelling on the site, the access road and footpaths which form part of this permission shall be constructed to wearing course level.

Reason/ -3-

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

7) That no trees within the application site shall be topped lopped, felled or othenvise affected, without the prior written consent of the planning authority.

Reason: In order to protect the visual amenity of the surrounding area.

8) That all trees within and adjacent to the application site shall be protected by a satisfactory method to be agrd in writing with the Planning Authority before any work commences on site. The agreed method of protection, (as set out in BS5837/1980) shall be maintained on site until completion of all works in the vicinity of the trees.

Reason: In order to protect the visual amenity of the surrounding area.

9) That before development starts, a scheme of landscaping including boundary treatment@), shall be submitted to and approved by the Planning Authority, and it shall include

details of any earth moulding, and hard landscaping, grass seeding and turfing a scheme of tree and shrub planting, incorporating details of the number, variety and size of trees and shrubs to be planted; an indication of all existing trees and hedgerows plus details of those to be retained, and measures for their protection in the course of development, and details of access points and footpath links into and through the shelterbelts shown green on the attached Plan details of the phasing of these works.

10) That prior to the occupation of the last 20 dwellings within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 9 above, shall be completed; and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of development, shall be replaced in the next planting season with others of a similar size and species.

Reason/ -4-

Reason: In order to protect the visual amenity of the surrounding area.

11) That a Management Maintenance Schedule for the landscape scheme shall be submitted to and approved in writing by the Planning Authority prior to the commencement of landscape works. The landscaping shall thereafter be maintained in accordance with the approved maintenance schedule, to the satisfaction of the Planning Authority.

Reason: To enable the planning Authority to consider these aspects in detail and in the interests of the amenity of the site.

12) That before development starts a detailed design for all walls and fences to be erected on the site shall be submitted to and approved in writing by the Planning Authority, and it shall include details and specifications of the means of boundary definition to be used on each plot.

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

13) That prior to the occupation of each dwelling on the site all walls and fences to be erected on the specific plot on which it sits shall be completed to the satisfaction of the Planning Authority.

Reason: To safeguard the amenity of future residents

14) That prior to the commencement of any works on site details of contractor’s storage/compound and temporary sales areas shall be submitted to and approved in writing by the Planning Authority

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

15) That, notwithstanding the generalities of conditions 12 and 13 above, before any of the dwellinghouses shaded blue on the approved plans are occupied a 1.8m high screen fence shall be erected along the boun* of that dwellinghouse at the locations marked in yellow on the approved plans.

Reason: To safeguard the amenity of future residents.

16) That/ -5-

16) That notwithstanding the provisions of Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls or other means of enclosure shall be erected between the front of the dwellinghouse and the adjoining road without the prior written consent of the Planning Authority.

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

17) That before development starts details of the surface finishes to curtilage parking areas shall be submitted to and approved by the Planning Authority.

Reason: These details have not been submitted.

18) That no electricity transforming or switching equipment, gas governor or sewage pumping station shall be erected on the site without the prior written consent of the Planning Authority.

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

19) That the developer as soon as is reasonably practicable and at the end of each working day shall sweep or otherwise clear away any mud or similar material onto the surrounding road network by vehicles leaving the site during the construction of the development.

Reason: To ensure the continued amenity and safety of the surrounding area.

List of Background Papers

Application and plans dated 22 June 1998 Cumbernauld Local Plan (Adopted) 1993 Letter from SEPA dated 28th October 1997 Letter of objection from Mr & Mrs Brodie, Cruachen, Dullatur dated 29th October 1997 Letter from West of Scotland Water dated 6th July 1998 Memorandum from Leisure Services dated loth July 1998 Letter from East of Scotland Water dated 20th July 1998

Any person wishing to inspect these documents should contact Jim Ravey on extension 01236 616479. APPLICATION NUMBER: N/98/00822/FUL

1.0 DESCRIPTION OF SITE AND PROPOSAL

1.1 This application has been submitted by Stewart Milne Homes for the erection of 58 dwellings and associated works at the areas known as Project 10, Dullatur, Cumbernauld. The site, was transferred to North Lanarkshire Council from Cumbernauld Development Corporation as part of the "transfer package" in April 1996. Taywd have submitted and received Planning Committee approval for 103 dwellings and associated works on Projects 09 and 10 (Ref N/97/00229/FUL), however this site will now be developed by Stewart Milne Homes as partners with Taywood, hence the new application to reflect the proposed changes. These changes include alterations to the approved road layout, external finishings and house types Project 10 extends to 6.50ha, 7.64ha and will accommodate 58 detached villas. The number of dwellings is identical to that already approved in the Taywood consent.

1.2 The site lies west of the existing village of Dullatur and was last used for agricultural purposes. The existing built form of Dullatur comprises of approximately 60 dwellings. The village is roughly split into two distinct development patterns which consist of the original Victorian settlement, now a Conservation Area within which are six listed buildings, and a latter development phase, begun in the 1970's, to the north of Prospect Road. The general setting of the village is characterised by its rural location and abundance of mature trees, which individually, in groups, in avenues and in tree shelter belts give the settlement its landscape character. This "soft" environment is afforded protection by the designation of a number of Tree Preservation Orders. None of the shelterbelts, avenues or groups of trees are significantly affected by the development proposals.

1.3 The site slopes from the south to the north and in general afford excellent views over the Kelvin Valley. The site will therefore offer development potential for a prestigious housing development to complement the built form of the existing village.

1.4 The Project areas are accessed by a new road, constructed by Cumbernauld Development Corporation, for the specific purpose of allowing any new development in the Dullatur area to be implemented.

1.5 The site is zoned as having potential for new housing in the Cumbernauld Local Plan (Adopted) 1993.

2.0 BACKGROUND

2.1 In 1985 the Secretary of State agreed that Cumbernauld New Town could be extended to include, amongst other areas, Dullatur. The purpose of the extension was to allow the release of land for housing purposes in order to meet the target population for Cumbernauld.

2.2 Prior to approving the New Town boundary extension, Cumbernauld Development Corporation submitted a 6( 1) document to the Secretary of State for his approval which identifies the areas known as Project 09 and 10 as suitable for new build residential purposes. The Secretary of State recognised that the character of the existing village of Dullatur was unique in terms of its built environment and rural setting. Thus, on allowing the release of land for residential purposes certain stringent conditions were imposed with regard to density criteria, sensitive landscape treatment, boundary requirements and consultation with the local community on development issues.

2.3 Id -2-

2.3 In order to meet the requirements in the Secretary of State’s 6( I) approval, North Lanarkshire Council Department of Planning and Development prepared a development brief which was issued when the areas were marketed. This brief stated the basic development strategy which should be complied with when a potential developer was submitting their financial offer for the sites. The strategy reflected the criteria laid out in the Secretary of State’s 6( 1) approval.

2.4 The original submission, for both Projects 09 and 10, from Taywd was deemed in general to meet the requirement laid out in the Brief..

2.5 The submission from Stewart Milne Homes retained the road layout from the approved Taywd application. The house types, density and general plot division also comply with the original brief.

3.0 CONSULTATIONS

3.1 Due to the sensitive nature of the site a wide and varied range of bodies were consulted during the processing of the original Taywood application. The observations and comments applied to the original Taywd application have been applied when considering the layout and house types submitted from Stewart Milne Homes.

4.0 PLANNING ASSESSMENT AND CONCLUSION

4.1 The proposed development will provide a range of “executive” detached housing within an attractively landscaped site. The proposed road layout and the number of dwellings intended will complement the character of the area and complies entirely with the criteria laid out by the Secretary of State. The external finishing materials which have been indicated to my Department will also reflect the high quality status of this development.

4.2 Consideration was given to the requirements laid out in the development brief to ensure the requirements of the Secretary of State were complied with. The submission which is being presented to Committee for approval meets the requirements of the brief. I would therefore deem that the proposal from Stewart Milne Homes for the residential development of Project 10 is acceptable and would recommend that planning permission be granted subject to conditions. Application No: N/9 8/008 92fFUL

Date Registered: 6th. July 1998

APPLICANT: DRUCK CHEMIE - SALTAIRE OFFSET SUPPLIES LTD., 8 FLAKEFIELD, COLLEGE MILTON NORTH, EAST KILBRIDE G74 IPF

Agent: Harley & Murray Architects, ‘The Studio’, Kinbuck Hall, Kinbuck FK15 ONL

DEVELOPMENT: ERECTION OF FACTORY

LOCATION: SITE ADJACENT TO DEERDYKES VIEW, DEERDYKES ROAD, WESTFIELD, CUMBERNAULD

Ward No: 61 Grid: 272167 - 672336 File Reference: GL Site History: None - Vacant site

Development Plan: Zoned as Industrial in the Adopted Cumbernauld Local Plan

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, East of Scotland Water, Head of Protective Services, Transco, Environmental Services and Scottish Power No Reply: SEPA Conditions: Director of Leisure Services

REPRESENTATIONS:

Neighbours: No response Newspaper Advert: Not required

COMMENTS: This application is for the erection of a factory on part of a vacant site within the Westfield Industrial Area. The ground is owned by North Lanarkshire Council. A new access will be formed into the site from Deerdykes Road.

The site is currently vacant and prior to its designation as industrial land would have been pastoral farmland. Further vacant land is situated to the northeast and southeast of the site whilst elsewhere the surrounding land is in industrial use.

The Company is involved in supplying the printing industry and will store, mix and distribute printing inks and cleaning products from the site. The Company is currently located in East Kilbride and employs seven of a staff. The move to Cwnbernauld will enable them to operate from a purpose built unit and create another seven jobs. G67 1DZ

Telephone 01236 3616400 Fax 01236 616420 -2-

No objections have been received and the proposed development is considered to be acceptable in planning terms.

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

2. That before the development hereby permitted starts, full details and/or samples of all external materials to be used in construction, including walls, roofs, windows, doors, shutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of the visual amenity of Westfield Industrial area which is regarded as a strategic industrial location within which quality building design is encouraged.

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

Reason: In the interests of the visual amenity of the area and to safeguard the road visibility splays.

4. That before the development hereby permitted is brought into use, all the fences, or walls, as approved under the terms of condition 3 above, shall be erected.

Reason: To ensure that the fencing is erected in accordance with the approved details.

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

a) details/ -3-

details of any earth moulding and hard landscaping, grass seeding and turfing; a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; details of the phasing of these works.

Reason: To ensure that the new building is set within a high quality environment in keeping with the surrounding industrial area.

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

Reason: To ensure that the site is landscaped and that the planting undertaken becomes established on site.

7. That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts of projecting signs shall be erected on the premises.

Reason: To control signage on the site in the interests of the visual amenity of Westfield Industrial area which is regarded as a strategic industrial location within which quality building design is encouraged.

8. That before the development hereby permitted is brought into use, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

Reason: In the interests of traffic and pedestrian safety.

9. That a visibility splay of 9m x 9Om, measured from the road channel, shall be provided on both sides of the vehicular access, and before the development hereby permitted is brought into use, everythmg exceeding 1.OSm in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.0m in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason/ -4-

Reason: In the interests of traffic and pedestrian safety.

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

Reason: To ensure that vehicular activity associated with the development can be accommodated within the site and to ensure that an appropriate surface is provided on all areas subject to vehicular traffic.

11. That prior to the start of the development hereby permitted, details of the provision and installation of any fldightinglsecurity lighting, including the type, dimensions and locations shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To allow the Planning Authority to consider in detail any lighting which may be required as part of the development.

List of Background Papers:

Planning application forms and plans Consultation responses from West of Scotland Water dated 13th. July 1998; East of Scotland Water dated 20th. July 1998; Head of protective Services dated 21st. July 1998; Transco dated 20th. July 1998; Transportation Manager dated 28th. July 1998; Environmental Services dated 23rd. July 1998; Scottish Power dated 29th. July 1998; Director of Leisure Services dated 29th. July 1998 Cumbernauld Local Plan

Any person wishing to inspect these documents should contact Graeme Lee on 01236-616474.

Comaps98/9800892F/GL/K Application No: N/98/00970/FUL Date Registered: 17th August 1998 APPLICANT: MR. A. CONDON 26 HILLVIEW AVENUE KILSYTH G65 ODJ

Agent:

DEVELOPMENT: EXTENSION TO CLUBHOUSE TO FORM GYMNASIUM/LEISURE ROOM

LOCATION: THE ROYAL BRITISH LEGION REGISTER ROAD KILSYTH G65 ODS

Ward No: 63 Grid Reference: 272256677618

File Reference: SD

Site History: No planning history relevant to this application.

Development Plan: Kilsyth Local Plan adopted 1983 Kilsyth Finalised Draft Local Plan approved Jan 1996

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, Police, East of Scotland Water. Conditions: No Reply:

REPRESENTATIONS:

Neighbours: None Newspaper Advert: Yes

COMMENTS: The application is for the erection of a gymnasium/leisure room extension at the Royal British Legion, Register Road, Kilsyth. The clubhouse lies within an area covered by residential policies as defined by both Local Plans. These policies aim to preserve the residential character of the area. EXTENSION TO BRITISH LEGION CLUB 1: 1250 Licence No. LA 09041L 1996 AT REGISTER ROAD, KI LSYTH. North Lonorksh i re Counc i I Date Bron Way, Cumbernautd G67 1DZ

TBIdphOW 012s 722131 Fox 011% 438462 17 Sep 1998 The proposed extension measures just under 96 m2 and is located to the rear of the existing clubhouse. This application has been advertised in the local press as a Bad Neighbour Development because it involves the construction and use of buildings as a gymnasium.

The extension is of an appropriate design for this flat roofed building and the proposal does not raise any amenity or privacy problems. No objections or adverse representations have been received as a result of the advertisement or neighbour notification process. The local police requested a consultation and, further to discussions with the applicant, are satisfied that satisfactory security measures have been taken.

Taking account of the above it is recommended that planning permission be approved.

RECOMMENDATION: Grant subject to the following conditions:-

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

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building

Reason: In the interests of the amenity of the building and the general area.

LIST OF BACKGROUND PAPERS: Application Form and Plans Kilsyth Local Plan adopted 1983 Kilsyth Local Plan (Finalised Draft) approved January 1996 Consultation Responses: - West of Scotland Water dated 24 August 1998 East of Scotland Water dated 27 August 1998

Any person wishing to inspect these documents should contact Sandra Davies at 01236- 616466. Application No: N/98/0 1029RUL

Date Registered: 22nd. July 1998

APPLICANT: ROBINSONS SELF DRIVE, 22 BARONHILL, CUMBERNAULD G67 2SB

Agent: William C. Hale, 30 Carronvale Road, Larbert, FK5 3LG

DEVELOPMENT: ERECTION OF OFFICE UNIT (CLASS 4)

LOCATION: LAND AT 22 BARONHILL, CUMBERNAULD G67 2SB

Ward No: 52 Grid: 276554 - 676062 File Reference: CMcI Site History: N/97/00 1 16RUL: Renewal of Temporary Consent for Portacabin 95/045/PL: Erection of Garage and Building 94/0 154/PL: Erection of Office Building 94/0075/PL: Erection of Portacabin

Development Plan: Zoned “Commercial” in the Cumbernauld Local Plan (Adopted November 1993) and located within the Conservation Area.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Scottish Power, Transco, Department of Environmental Services No Reply: Village & Castlecary Community Council Conditions:

REPRESENTATIONS:

Neighbours: No response Newspaper Advert: No response

COMMENTS: The application is for the erection of a single storey office unit at Robinsons Self Drive premises at 22 Baronhill, Cumbernauld. The proposed building will replace a temporary portacabin which is currently used as the office for the business. The proposed unit will be constructed in grey roughcast render to the exterior walls, slate grey roof tiles, black downpipes and gutters and white woodwork on the windows all of which comply with the Conservation Area designation of the site.

The replacement of the portacabin with a permanent structure constructed in materials sympathetic to the site’s location within the Conservation Area would improve the amenity of the site and preserve the character of the Conservation Area. It is therefore recommended that the application is approved subject to conditions. ,,,,“,I I

sduced by I nning and Development Department APPLICATION NO N/98/01029/FUL thern Division n Way ROBINSON SELF DRIVE MBERNAULD 7 ID2 22 BARONHILL CUMBERNAULD VILLAGE REP~O&C~from Ihc Or~%dn;lnrcSurvey msppinglkh 3lephone 01236 36154W Fa.01238 616420 ERECTION OF OFFICE UNIT (CLASS 4) $0 mi.*on of lhc CWrat her MqeWr SmmnwmaQCm~ This copy has been produced specifically for Planning and Building Cantrol purposes oniy ’:2500 Unauthw npmdYcWn mv%Cmrm Licence LA S 08041L No further coples may be made andnmylc.dI0 PlO6eNbDn orsMlprDuadfnp -2-

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

2. That the facing materials to be used for the external walls shall match in colour and texture those of the existing adjoining building exeept as may otherwise be agreed in writing by the Planning Authority.

Reason: In the interests of the visual amenity of the area and to preserve the character of the Conservation Area.

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

Reason: To enable the Planning Authority to consider these aspects in detail in the interest of the amenity of and to preserve the character of the Conservation Area.

4. That the further consent of the Planning Authority shall be obtained in respect of any proposed advertisements to be displayed on the building hereby approved.

Reason: In the interest of the amenity of and to preserve the character of the Conservation Area.

List of Background Papers:

Application forms and plans Cumbernauld Local Plan (November 1993) Cumbernauld Village Plan (January 1993)

Any person wishing to inspect these documents should contact Craig McIntyre on 0 1236-6 16475 Application No: N/98/0 1042RUL

Date Registered: 22nd. July 1998

APPLICANT: MRS. ANGELA SMITH, “GLENIVER” 69 MAIN ROAD, CONDORRAT, CUMBERNAULD

Agent: None

DEVELOPMENT: PART CHANGE OF USE OF DWELLINGHOUSE TO DOG GROOMING PARLOUR

LOCATION: 69 MAIN ROAD, CONDORRAT, CUMBERNAULD

Ward No: 61 Grid: 273 I00 - 672938 File Reference: IE Site History: Part change of use of dwellinghouse to dog grooming service granted under reference N/97/00244/FUL on 29th. October 1997 for one year.

Development Plan: Cumbemauld Local Plan - Policy HG4 - Mainly residential areas, existing residential character and amenities to be protected.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: NLC Environmental Services No Reply: Conditions:

REPRESENTATIONS:

Neighbours: None Newspaper Advert: None

COMMENTS: The proposal is to convert a utility room to the rear of the single storey terraced property into a dog grooming parlour - the dogs get washed, haircut and blow-dried. The business is run by an appointments system with the owners either bring their dogs to the premises or the applicant going to collect the dogs, delivering them back later.

A temporary consent for this proposal was granted last year so that the Transportation Manager could monitor the situation with regard to potential vehicle movement and parking problems which could arise. However he is now satisfied that the business is not giving rise to problems and I have received no complaints with regard to it. Consequently I would now recommend that a permanent personal consent be granted.

RECOMMENDATION: Grant, subject to the following conditions:-

1. That/

-2-

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

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

2. That the dog grooming service hereby approved shall be strictly operated via an appointments system, with an appointment book being available for inspection on the premises, by the Planning Authority, at all times during which the business is operating, and at no time shall there be more than four customers dogs on the premises.

Reason: In the interests of amenity and public safety.

3. That the dog grooming service hereby permitted shall operate solely within the area hatched blue on the approved plans.

Reason: In the interests of amenity and to allow the Planning Authority to retain effective control.

4. That notwitkstanding the provisions of the Town and Country Planning (Use Classes) Scotland Order 1989, the only business activity which can take place within the area hatched blue shall be the dog grooming service hereby permitted.

Reason: In the interests of amenity and to allow the Planning Authority to retain effective control.

5. That the permission hereby granted shall enure solely for the benefit of Angela Smith and only whilst she remains the occupier of the property at 69 Main Road, Condorrat, Cumbernauld.

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

6. That the opening hours of the use hereby granted shall be limited to between 9.00 a.m. and 5.00 p.m. on Mondays to Saturdays.

Reason: In the interest of amenity.

List of Background Papers:

Application form and plans Cumbernauld Local Plan Memo from Director of Environmental Services dated 17th. August 1998 Consultation reply from Transportation Manager dated 1st. September 1998

Any person wishing to inspect these documents should contact Iain Ewart on 01236-616472. Application No: N/98/01051/FUL

Date Registered: 21st July 1998

APPLICANT: THE WILLIAM HILL ORGANIZATION LTD, 9-15 NORTH DRIVE, GLASGOW, G14BL

Agent:

DEVELOPMENT: CHANGE OF USE OF VACANT UNIT AND RETAIL UNIT TO CLASS 2 (FINANCIAL, PROFESSIONAL AND OTHER SERVICES)

LOCATION: 8 & 11 CLYDE WALK TOWN CENTRE CUMBERNAULD

Ward: 58

Grid Reference: 275795 674372

File Reference: MS

Site History: No Applications of Relevance

Development Plan: Cumbernauld Local Plan - Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Conditions: No Reply:

REPRESENTATIONS: Neighbours: No Response Newspaper Advertisement: No Response

COMMENTS: The applicants propose to relocate from their existing premises within the town centre to a basement level unit at Clyde Walk. The unit was used as a betting office in the past and has been in storage use in the intervening period since the use was abandoned. The applicants propose to form a new means of access to the unit utilising an existing mall level retail unit. The proposed works include the formation of a new shopfront to this unit and the installation of an access stair.

RECOMMENDATION: Grant, subject to the following conditions:

1. That the development hereby permitted shall be started within five years of the date of this permission. Crown copyright Unouthprised reproduction infringes, Crown WILLIAM HILL ORGANIZATION copyr.#g.hi and m lead to prosecut ion 1 : 2500 or civi I proceedYings Licence No. LA 09041L 1996 8 CLYDE WALK TOW CENTRE CUMBERNAULD

North Lanarkshire Council CHANGE OF USE OF UNIT TO CLASS 2 Date N Bron Way, Cumbernould G67 ID2 MAPREF 09 Sep 1998 I Telephone 01236 722131 Fox 01236 458462 Reason:To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

Background Papers: Application form and plans received 21st July 1998

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. Application No: N/98/01064/FUL

Date Registered: 18th February 1998

APPLICANT: EYUP DUNSUN 5 GLENLUCE GARDENS MOODIESBURN

Agent: JBF Design 153 Union Street Larkhall ML9 1EB DEVELOPMENT: ERECTION OF TWO STOREY SIDE EXTENSION

LOCATION: 5 GLENLUCE GARDENS, MOODIESBURN. G69 OHN

Ward No: 68 Grid Reference: 270188671356

File Reference: MT

Site History: Planning permission for the development within which the house is located was given under application reference TP/92/168.

Development Plan: Strathkelvin District Southern Area Local Plan adopted May 1983: Policies E.PRO 6/7 - Development Control in Residential Areas

Northern Corridor Local Plan(Consu1tative DraftIMarch 1998 Policies: HG6 - Development Control in Residential Areas

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water Conditions: No Reply:

REPRESENTATIONS:

Neighbours: Two letters of representation from neighbours Newspaper Advert: Not required

COMMENTS: The application is for the erection of a two storey side extension at 5 Glenluce Gardens, Moodiesbum. The application site is located within an area covered by the development control policies of the adopted and emerging local plans. The proposal is in accordance with the appropriate policies.

As the house being extended is detached and the application site spacious, the proposal does not dominate the existing house or adversely affect any neighbouring properties. The extension is of an acceptable design and well integrated with the existing house. Finally, the proposal does not adversely affect public safety. It is, therefore, recommended that planning permission be granted.

RECOMMENDATION: Grant subject to the following conditions:- 1. That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building except as may otherwise be agreed in writing by the Planning Authority.

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

3. That before the extension is completed or brought into use, a dropped kerb vehicular access shall be constructed adjacent to the existing dropped kerb access in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of public safety.

4. That before the extension hereby permitted is completed or brought into use, the existing driveway at the site shall be increased in width to create a double driveway for the first 6.0 metres of its length and finished in materials to match the existing. Reason: In the interests of public safety.

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, including any modifications as may be required.

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

6. That all building materials shall be stored within the curtilage of the site and at no time shall materials be stored within the public road.

Reason: In the interests of public safety.

Background Papers:

Application form and plans Strathkelvin District (Southern Area) Local Plan 1983 Northern Corridor Local Plan(Consu1tative Draft) 1998 Objections: Letter of objection dated 11 August 1998 from K Gallacher, 9 Glenluce Gardens, Moodiesburn. Letter of objection dated 3 September 1998 from Mr K W Hopkins 4 Glenluce Gardens, Moodiesburn.

Any person wishing to inspect these documents should contact Moray Thomson at 01236- 616463. APPLICATION NO.: N/98/01064/FUL

1.0 PROPOSAL AND SITE

1.1 The application is for the erection of a two storey side extension at 5 Glenluce Gardens, Moodiesbum. Detailed planning policies and proposals are contained within the Strathkelvin District (Southern Area) Local Plan adopted in May 1983. Policy E.PR0.7 contains the development control guidance within residential areas.

1.2 The consultative draft Northern Corridor Local Plan, the emerging local plan for the area, also contains development control policies which apply to proposals within residential areas.

2.0. CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:- West of Scotland Water: There are public sewers in the vicinity. Transportation Manager: No objections subject to the provision of a double driveway and a dropped kerb vehicular access.

2.2 Two letters of objection have been received from neighbouring residents. The points of objection raised are as follows;

1) Glenluce Gardens was originally conceived to allow clear and uninhibited views along the length of the cul-de-sac to promote safe access. The safe environment which has been created is now utilised by a large number of children as a play area. Should the proposal be approved, the current level of visibility would be lost.

2) any future proposals for a new driveway would cause access problems for existing driveway opposite the site

3) if extension is approved, all safety measures should be enforced as there are a lot of children in the area.

4) the extension is not in keeping with the existing built environment and is excessive in both its size and nature.

5) windows from the extension will further reduce the present level of privacy which is already compromised.

Comments upon the objection are as follows:

1),2) The concerns regarding public safety have been considered, however the Transportation Manager is satisfied that although forward visibility is reduced as a result of the extension, the traffic flow and geometry of the road is such that the reduction in visibility should not create a safety hazard. Similarly, although the Transportation Manager has stipulated that the existing driveway be increased in width to provide an extra parking space, there are no plans for an additional driveway elsewhere within the curtilage. If anything the provision of further off-street parking should encourage parking within the curtilage.

3) Clearly everyone would wish to ensure that any works at the site are carried out in a safe manner. However the controls which exist to ensure this objective fall outwith planning legislation. It is appropriate in this case, however to ensure that all building materials are stored within the site itself and not on the public road.

4) It is not accepted that the proposal is, in terms of the applicable local plan policies be considered excessive or out of keeping with the built environment. The extension does not dominate the existing house, neighbouring properties or the vicinity. Furthermore, the extension has been designed with particular regard to the form, features and proportions of the existing house and in addition it is proposed that materials used for all external finishes match those on the existing house. All in all the extension is successfully integrated with the existing house and is acceptable.

5) The Council utilises the guidelines within the former Building Regulations when considering proposed window to window distances. The minimum distances contained within the guidelines is 18.0 metres. The distance from the proposed extension to the house opposite the site is in excess of 20.0 metres. Whilst reference is also made to what is described as existing sub-standard levels of privacy this is not accepted. Window to window distances at present exceed those set out within the guidelines. Notwithstanding this it should be appreciated that in comparison to rear facing rooms or rear gardens, the same level of privacy cannot reasonably be expected and therefore some compromise in privacy is inevitable. This is a situation which affects the majority of residential properties. In simple terms the front elevations of properties are open to public view from the roads and footways which bound them and as such form a semi-public part of the street. On this basis some compromise in terms of privacy is inevitable. It does not necessarily follow however that the standard of privacy enjoyed is in some way unacceptable.

3.0 DISCUSSION AND CONCLUSION

3.1 Two storey side extensions such as that under consideration can, in certain circumstances be problematical. Firstly, side extensions often occupy areas originally conceived for parking. Secondly, the form of such extensions can lead to the creation of a terraced effect, particularly where there are a number of properties of similar size and a uniform building line exists. Thirdly, two storey side extensions are often highly visible and unless sensitively designed, can have a significant adverse impact not only upon the house being extended but neighbouring properties and the streetscene in general. Finally, such extensions have the potential to lead to overlooking, deprivation of sunlight and daylight and to reduce privacy.

3.2 The development control policies contained within the adopted and emerging local plans attempt to address the foregoing problems and provide the general principles of design and amenity control against which applications will be considered. Firstly, any extensions which preclude the possibility of on site parking for at least two cars shall be opposed. Secondly, extensions likely to result in the creation of a terraced effect will also be opposed as are extensions which dominate the existing building or neighbouring properties. In addition, the policies require that extensions should be finished in materials to match the existing dwelling to ensure a satisfactory level of visual integration. Finally, the development control policies seek to prevent direct overlooking, deprivation of daylight and excessive overshadowing of neighbouring gardens. The former Building Regulations are operated as a benchmark for assessing the acceptability of window to window distances.

3.3 It is considered that the proposal is in compliance with foregoing policies. The dwelling is detached, and occupies a comparatively spacious corner plot. As such the proposal could not be said to dominate the existing house, neighbouring properties or vicinity in general. In addition the proposal does not raise issues for privacy or overshadowing. In applying the guidelines referred to above it is clear that the extension will not unacceptably affect privacy within any neighbouring properties. Parking requirements can be met by creating a double driveway and the Transportation Manager is satisfied that the impact of the extension is acceptable. Finally, as the house is detached and the extension some distance from neighbouring properties, the proposal will not lead to the creation of a terraced effect.

3.4 Generally speaking, the larger an extension the greater the care and sensitivity which is required to ensure that the proposal is satisfactorily integrated with the existing house and does not adversely affect neighbouring properties. In this case, although the extension incorporates accommodation over two levels, the design and proposed finishes successfully achieve the required level of integration. The extension will, when constructed, appear as an integral part of the original dwellinghouse, not an incongruous afterthought. Moreover the attention which has been paid to the design and finishes will ensure that the proposal does not adversely affect any neighbouring properties.

3.5 Scottish Office guidance contains a presumption in favour of development unless it can be shown that there are sound clear-cut reasons for refusal. In this case the application conforms to local plan policy and notwithstanding the objections received, refusal of the application is not justified and accordingly it is recommended that permission be granted Application No: N/98/01113/FUL

Date Registered: 25th August 1998

APPLICANT: MRS KWAI CHUN CHUNG, 103 MEDROX GARDENS, CONDORRAT, G67 4AL

Agent: John Kirkhope, Chartered Architects, 3 Drove Hill, Balloch, Cumbernauld, G68 9DL

DEVELOPMENT: HOT FOOD PREPARATION AND DELIVERY

LOCATION: 21D GLENCRYAN ROAD, CARBRAIN, CUMBERNAULD

Ward No: 58 Grid: 276822-674389 File Reference: GLA Site History: No Known History for the Site

Development Plan: Zoned as "Industrial" IB 1 in the Cumbernauld Local Plan (Adopted) November 1993

Contrary to Development Plan: N/A

CONSULTATIONS:

Objection: No Objection: No Reply: Environmental Health Conditions:

REPRESENTATIONS:

Neighbours: No Response Newspaper Advert: No Response

COMMENTS: This application is for the change of use from a vacant industrial unit to a Hot Food Preparation and Delivery Outlet.

This unit has been operating as a Chinese food outlet for the last few years, however the former Cumbernauld Development Corporation did not require a formal planning application. In order, to now formalise the position with this use, and for licensing purposes, the operators were asked to submit an application.

There was no response from the newspaper advertisement and there were no adverse replies from the consultations. I would recommend however, that the business be restricted to hot food preparation and delivery as applied for, rather than the sale of hot food directly to the public.

This/

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This is to ensure that the operation does not become a predominantly retail function operating within an industrial estate.

RECOMMENDATION: Grant subject to the following conditions, viz:-

1. That notwithstanding the provisions of the 1997 Use Classes (Scotland) Order, no permitted change to either Class 1 or Class 2 uses shall be allowed.

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

List of Background Papers:

Planning Application form and Plans registered on 25th August 1998 Cumbernauld Local Plan (Adopted November 1993)

Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478. Application No: NI98101 1371ADV

Date Registered: 7th. August 1998

APPLICANT: CITILITE LTD., 14/15 LOWER GROSVENOR PLACE, LONDON SW1 WOEX

Agent: None

DEVELOPMENT: ERECTION OF TWO FREE STANDING INTERNALLY. ILLUMINATED ADVERTISING BOARDS (IN RETROSPECT)

LOCATION: 29 STATION ROAD, MUIRHEAD, G69 9BD

Ward No: 67 Grid: 268466 - 669301 File Reference: PW Site History: None

Development Plan: Strathkelvin Southern Area Local Plan 1983 - Policy EPR06 area unaffected by specific proposals and Policy EPR07 Development Control in residential areas. Northern Corridor Local Plan (Consultative Draft) 1998 Policy HG3 Maintenance of residential character.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: Letter of objection from Chryston Community Council Newspaper Advert: N/A

COMMENTS: The consent sought is retrospective as the signs were erected with no prior consultation with the Planning Department. It is considered that the location of the signs severely restricts the outlook of the adjacent dwelling at 27 Station Road to the detriment of its residential amenity. It is further considered that the signs are incongruous with the residential character of the setting and therefore contrary to Policy HG3 of the Northern Corridor Local Plan Consultative Draft 1998 as well as Policy EPR06 of the Southern Area Local Plan 1983. These policies seeks to protect the established character of residential areas by approving development incompatible with a residential setting. It is therefore, for the above reasons, recommended that consent is refused.

Recommendation/ -2-

RECOMMENDATION: Refusal for the following reasons:-

1. The signs are incongruous with and of detriment to the established residential character of the area and therefore contrary to Policy HG3 in the Northern Area Local Plan Consultative Draft and Policy EPR06 of the Southern Area Local Plan which seek to protect existing residential character.

2. The signs because of their proximity to the living room bay window of 27 Station Road and the resultant loss of outlook are of detriment to the residential amenity of the property.

3. The location of the sign nearest to Station Road further reduces the existing sub-standard visibility splay from Elmira Road northwards to the detriment of road safety.

List of Background Papers:

Application form and plans Strathkelvin Southern Area Local Plan 1983 Northern Corridor Local Plan (Consultative Draft) 1998 Letter fiom Chryston Community Council dated 24th. August 1998

Any person wishing to inspect these documents should contact Paul Williams on 0 1236-6 16464 I \\ I I I APPLICATION NO: N/98/01137/ADV

1. SITE AND PROPOSAL 1.1 This application for retrospective advertisement consent was submitted by Citilite Ltd., London for two internally illuminated general advertising signs sited adjacent to the shop and Post Office at 29 Station Road, Muirhead.

1.2 Both signs are free standing, internally illuminated and measure 3. lm in height and 1.3m wide. They have been erected side by side adjacent to the southern boundary of the front garden of 27 Station Road. The signs are single sided and face southwards away from 27 Station Road. The site is in a setting and area of strong residential character and is therefore covered by Policies HG3 and EPR06 in the relevant Local Plans which seek to maintain the existing residential character of the area.

2. CONSULTATIONS AND OBJECTIONS

2.1 The Transportation Section of my Department have indicated that the sign nearest to Station Road further reduces the line of visibility for traffic turning right from Elmira Road. The visibility splay is initially sub-standard because of the garden wall on the southern boundary of 27 Station Road. The removal of the sign would therefore ensure that this sub-standard visibility splay is not further reduced.

2.2 A telephone complaint was origmlly received from Mrs. A. Burns, the resident of 27 Station Road regarding the signs close proximity to her living room bay window, and the resultant loss of outlook. A subsequent letter of complaint from the Community Council dated 24th. August 1998 was received representing the adverse comments and views of locals. The Community Council explained that the signs are considered to be unsightly and out of place in this location. Also that the signs are of detriment to the residential amenity of No. 27 Station Road by blocking its outlook and also of detriment to the residential character of the area as a whole by introducing incongruous and unnecessary visual pollution. The letter stressed that the signs are unnecessary as they do not provide local information, also that locals have complained about the increased loss of visibility from Elmira Road that the signs have caused.

3. OBSERVATIONS AND CONCLUSION

3.1 It is considered that the signs are detrimental to the residential amenity of 27 Station Road. Also that they are detrimental to the character of the residential area as a whole, and therefore contrary to Policies HG3 and EPR06 in the Local Plans, which seek to protect the established character of residential areas.

3.2 Furthermore, the sign nearest to Station Road further reduces visibility from Elmira Road to the detriment of road safety.

3.3 This application is therefore recommended for refisal for the above reasons. Application No: N/98/01152/CNO

Date Registered: 12th. August 1998

APPLICANT: INLAND REVENUE

Agent: TPS Consultant, Commercial Quay, 86 Commercial Street, Leith, Edinburgh

DEVELOPMENT: EXTERNAL ALTERATIONS TO AND PERMANENT SITING OF OFFICE BLOCK (F)

LOCATION: INLAND REVENUE, ST. MUNGO’S ROAD,CUMBERNAULD

Ward No: 53 Grid: 275543 - 674438 File Reference: JR Site History: PA88/16 1: Overclad existing complex PA88/192: New Waste Paper Store PA92/02 1: Erection of a semi-permanent office PA96/0 15: Four Year Extension to PA92/02 1

Development Plan: Cumbernauld Local Plan (Adopted) 1993 Zoned SH1, 8 - Shopping Centres - to be retained predominantly in shopping uses; preferred location for new shopping.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East of Scotland Water No Reply: West of Scotland Water, Transco, Scottish Power, The Coal Authority Conditions:

REPRESENTATIONS:

Neighbours: No response Newspaper Advert: Not required

COMMENTS: This Notice of Proposed Development by Government Departments has been received from TPS Consultants, on behalf of the Inland Revenue for the permanent siting of a temporary office block at St. Mungo’s Road, Cumbernauld.

The site is bound to the north and north-west by residential housing, to the southeast and south by Cumbernauld town Centre, to the south-west by a Kwik Fit Tyre and Exhaust Centre, to the south- by St. Mungo’s Parish Church and to the north-west by St. Mary’s Primary School.

The/

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The office complex, which this Notice forms part of, consists of a three to four storey office block with associated plant buildings and car parking. Constructed in the mid 1970’s the site, location, surrounding topography and construction itself make this building a very prominent feature from the A8O. In 1992 Cumbernauld Development Corporation, as predecessors to North Lanarkshire Council, received an application for the erection of a semi-permanent office block at the northeast of the existing office complex (reference PA92/02 1). The office consisted of a four storey construction with a mono pitched roof. The on site ground levels and surrounding mature tree planting meant that this element of the office complex was particularly well screened and almost innocuous from the surrounding area. Cumbernauld Development Corporation (CDC) approved said application for a period of four years. In 1996 CDC, under permitted development legislation, approved said office block for a krther four years (reference PD96/015).

The Notice has been submitted to ensure the permanent status of the office block and thus negate the need to re-apply when its temporary status terminates.

Consultation with East of Scotland Water and the Transportation Section (Northern) of North Lanarkshire Council have produced no adverse replies.

I would therefore deem the above proposal acceptable and recommend that this Notice be granted.

RECOMMENDATION: Grant planning permission

List of Background Papers:

Application form and plans Cumbernauld Local Plan (Adopted) 1993 Consultation memo from Transportation Section date 17th. August 1998 Consultation letter from East of Scotland Water dated 3 1st. August 1998.

Any person wishing to inspect these documents should contact Jim Ravey 01236-616479 Application Xo: h QS’OI 199 FUL Date Registered: 28th November 1997 APPLICANT: MR J. WILSON AUCHINSTARRY FARM AUCHINSTARRY BY KILSYTH 665 6AE

Agent: Joseph Weldon 13 Cuilrnuir Terrace Croy Kilsyth G65 9HR

DEVELOPMENT: ALTERATIONS TO POSITION AND DESIGN OF TWO PREVIOUSLY APPROVED DWELLINGS

LOCATION: AUCHINSTARRY FARM, AUCHINSTARRY BY KILSYTH, G65 6AE

Ward No: 63 Grid Reference: 271952 676879

File Reference: SD

Site History: N/95/00134/PL Erection of three dwellings (in outline) at Auchinstarry Farm, By Kilsyth. Approved subject to conditions 5/6/96. N/97/00129/FUL Erection of Two Dwellings at Auchinstarry Farm, By Kilsyth. Refused 13/8/97. N/97/00326/FUL Erection of Two Dwellings Dwellings at Auchinstarry Farm, By Kilsyth. Approved subject to conditions 14/ 1/98.

Development Plan: Kilsyth Local Plan adopted 1983 Kilsyth Finalised Draft Local Plan approved Jan 1996 Local Plan 1996.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Conditions: No Reply:

REPRESENTATIONS:

Neighbours: One letter of objection received ,______..___.....--.. Newspaper Advert: Not Required

COMMENTS: The application is a retrospective application for alterations to the position and design of two dwellings previously approved on 14 January 1998 (Ref: N/98/00326/FUL).

The alteration to the design involves the removal of chimneys and does not raise any major new issues. The repositioning of the dwellings has, however, reduced the privacy between the westmost dwelling and the neighbouring property by bringing overlooking windows closer together. The new window does not, however, directly overlook its neighbour and instead sits at an angle. The loss of privacy incurred by this change is not considered to be enough to lead to a recommendation for refusal. It is, therefore, recommeded that planning permission be approved.

RECOMMENDATION: Grant subject to the following conditions:-

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

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

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

Reason: To safeguard the residential amenity of the area.

3. That the conditions attached to Planning Permission Ref: N/98/00326/FUL granted on 14/1/98 for the erection of two dwellings still apply to the proposal hereby permitted.

Reason: To enable the Planning Authority to retain effective control and for the avoidance of doubt.

LIST OF BACKGROUND PAPERS: Application Form and Plans Kilsyth Local Plan adopted 1983 Kilsyth Local Plan (Finalised Draft) approved January 1996 Letter of objection from Sandra Rout, Canalbank House, Auchinstarry (undated).

Any person wishing to inspect these documents should contact Sandra Davies at 01236- 6 16466. APPLICATION NO.: N/98/001199/FUL

1. PROPOSAL AND SITE 1.1 This is a retrospective application for alterations to the position and design of two previously approved dwellings at Auchinstany Farm, By Kilsyth. The initial application for the erection of two dwellings was approved at Committee on 14 January 1998.

1.2 Permission for residential development on this site was originally granted in an outline consent (ref: 95/0134/PL) which was approved with conditions on 20th June 1996. Since this time the applicant has reconsidered his proposals and two subsequent detailed applications have been submitted for the erection of two dwellings. The first of these applications (Ref: N/97/00129/FUL) was refused at Committee on 13 August 1997 on the grounds of design and access. The second, which relates to the current application, was approved subject to conditions on 14 January 1998.

1.3 The proposal area is covered by the following policies, as defined by the Kilsyth Finalised Draft Local Plan approved January 1996: GB 1-4,6: Green Belt CF10: Pipeline Consultation Zone BElO: Amenity Zone. The proposal is also covered by the Forth and Clyde Canal Local Plan. The principle of residential development has already been established during previous applications and there has been no change in policy since this time.

CONSULTATIONS AND OBJECTIONS

The following bodies were consulted in relation to the previous application; East of Scotland Water, West of Scotland Water, British Waterways and Kilsyth Community Council. There has been no change in circumstance which would affect these consultations and thus their previous comments still apply.

One objection has been received as a result of the neighbour notification process. The points of objection raised in this letter are as follows:

0 the access road has been damaged during the construction process; 0 alternative access not yet been completed despite the dwellings being occupied; 0 loss of privacy due to the change in position of the adjacent house; 0 overlooking windows too close.

The access road referred to above.is the property of British Waterways although this has been disputed by the applicant who claims he has a right of access. Notwithstanding this ownership dispute, a condition was placed on the previous consent that there will be no encroachment on the property of British Waterways during or after the completion of works.

With regard to the objection about access, a condition was placed on the previous consent which required that the means of vehicular and pedestrian access be constructed according to the approved plans prior to the development being cornplcted or brought into use. Tht. Departinznt is pressing for the fulfilmcnt of this outstanding condition.

2.5 The final two points of objection are associated with a loss of privacy which has arisen because of the altered position of the adjacent dwelling. The existing position has reduced the window to window distance and the angle between the windows on Canalbank House and the lounge of the westmost dwelling have become less acute meaning that there is more of a privacy issue. It was this factor which prompted the requirement for a further planning application to be made as this represents a material change from the approved plans.

2.6 Although there is now potentially more overlook between the two windows it is considered that this is not severe enough to warrant a recommendation for refusal. This planning application also includes a design variation involving the removal if the chimney from the westmost dwelling. It is considered that this is an acceptable amendment with the overall appearance of the dwelling not being greatly affected.

3. CONCLUSION

3.1 Although it is most disappointing that this development has not been built in accordance with the approved plans, the revised position and amended design of the dwellings is not of a scale which would require a recommendation for refusal. The change in the position of the eastmost dwelling does not raise any new planning issues while the removal of the chimney does not adversely affect the proportions of the building. Thus, the only material consideration relates to the window to window distances from the westmost dwelling and Canalbank House. It is not considered that the resultant loss in privacy is invasive enough to refuse the application. It is, therefore, recommended that planning permission be approved. Application No. C/98/00030/FUL Date registered 29 May 1998 APPLICANT MR P MURTAGH, TOP CLASS CONSERVATORIES, 293 DUNDYVAN ROAD, COATBRIDGE Agent DEVELOPMENT RE-ROOFING OF VACANT WORKSHOP WITH PROFILED SHEETMG LOCATION 32-34 NORTH BRIDGE STREET, AIRDRIE

Ward No. 43 Grid Reference 275995665855

File Reference C/pL/AIN666032/CWmd

Site History Whilst I have no record of any formal planning permissions relating to this property, Members will recall that Committee agreed at their meeting on 27 May 1998 to proceed with the serving of an Enforcement Notice to seek the removal of the unauthorised roofing material and provide a more appropriate roofing material to the satisfaction of the Planning Authority.

Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policy:-

HG 9 (Housing Policy for Existing Residential Area)

Contrary to Yes Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours One with 14 co-signatories

Newspaper Not required Advertisement

COMMENTS The applicant seeks planning permission in retrospect for the re-roofing of a vacant workshop with white coloured metal sheeting. The applicant has been advised that the re-roofing material is unacceptable and that a more appropriate material should be used, however no amendment was submitted. It is my view that the white metal sheeting is entirely inappropriate as a roofing material on this building as it has had a detrimental impact on the visual amenity of the building itself and on the surrounding residential area. It is therefore recommended that the application be refused planning permission and that the Council proceed with an Enforcement Action (previously agreed by Committee on 27 May 1998). This specifies that the owner undertakes the re-roofing of the property with materials agreed beforehand with the Planning Authority and offers a 28 day period for compliance.

R9800030.DOC Reproduced from Ordnance Survey with APPLICATION NO: C/98/00030/FUL the permission of the Controller of Her PROPOSAL/SITE: RE-ROOFING OF VACANT WORKSHOP NORTH f Majesty’s Stationery Ofice 0 Crown WITH PROFILED SHEETING (IN RETROSPECT) AT 32-34 Copyright. Unauthorised reproduction NORTH BRIDGE STREET, AIRDRIE ~~~~&~~ infringes Crown Copyright and may lead to prosecution or civil proceedings. North Lanarkshire Council Licence number LAO904IL RECOMMENDATION

Refuse for the following reason:-

1. That the re-roofing material is considered unacceptable as it has had a detrimental impact on the visual amenity of the property itself and on the surrounding residential area. As such the development is considered to be contrary to the terms of Policy HG 9 of the Adopted Monklands District Local PIan 1991.

List of Background Papers

- Application forms and accompanying plans - Adopted Monklands District Local Plan 1991 - Letter of Objection from Mr and Mrs Donald and Co-Signatories, do 13 Gateside Crescent, Airdrie received 11 June 1998 - Letters to Applicant dated 25 August and 3 September 1998

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for h4r Marshall.

R9800030.DOC APPLICATION NO. C/98/00030/FUL

REPORT

1. SITE DESCRIPTION AND PROPOSAL

1.1 Planning permission is being sought in retrospect for the re-roofing of a vacant workshop located at 32-34 North Bridge Street, Airdrie. The workshop is situated to the east of North Bridge Street and is located within a predominantly residential area.

1.2 The re-roofing material consists of white coloured profiled metal sheeting attached to a double pitched roof. The original roof was covered by natural slate, parts of which are still visible under the new metal sheets.

2. PLANNING POLICY

2.1 Under the terms of the Adopted Monklands District Local Plan 199 1 the application site is located within an area covered by policy HG 9 (Housing Policy for Existing Residential Areas).

3. CONSULTATION/REPRESENTATIONS

3.1 There were no external consultees involved in the consideration of this application.

3.2 A letter of objection was received from Mr and Mrs Donald and 14 co-signatories, c/o 13 Gateside Crescent, Airdrie. The neighbours considered the re-roofing material that had been used on the building is unacceptable as it was not in keeping with the surrounding properties, is unsightly and is badly fitted. It is also claimed that there is no suitable rain water gutter and that water run-offaffects adjoining residential properties.

4. ASSESSMENT

4.1 It was noted from site inspection that the roofs of the surrounding dwellinghouses are generally covered by dark brown coloured profiled roof tiles. Clearly, the roofing material used on the workshop has an incongruous appearance as it is not in keeping with the surrounding area, appears unfinished and untidy and the metal sheeting has a rather brash over bright finish. During the course of considering this application the applicant was advised that the roofing materials were unacceptable and that a suitable alternative should be discussed with the department. Despite such requests, I received no response and no amendments were submitted for consideration. Having considered the matters raised I would concur entirely with the views expressed by the objectors. I consider the development is unacceptable as the new roofing material has had a detrimental impact on the visual amenity of the property itself and on the surrounding area. This is considered to be contrary to the terms of Policy HG9. It is therefore recommended that planning permission be refused and that the above noted Enforcement Notice is served.

R9800030.DOC Application No. C/98/00089/DPL Date registered 23 January 1998 APPLICANT NORTH LANARKSHIRE COUNCIL (HOUSING DEPARTMENT) 195 MAIN STREET, COATBRIDGE

Agent DEVELOPMENT CLOSURE OF FOOTPATH AND ERECTION OF 6FT HIGH PALISADE GATES TO EITHER END LOCATION LANE NORTH OF 24a BLAIRHILL STREET RUNNING EASTWARDS TO MONTGOMERY AVENUE, BLAIRHILL STREET, COATBRIDGE, ML5 1PH

Ward No. 32 Grid Reference 272650665215

File Reference

Site History None

Development Plan Under the terms of the Adopted Monklands District Plan 1991 the application site is located within an area covered by the following policies:-

HG9 Housing Policy for Existing Residential Areas

Contrary to No. Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours One letter of objection

Newspaper Sixty Two Letters of Objection and Two Petitions (45 and 11 signatories Advertisement respectively).

COMMENTS The proposal would involve the closure of a public footpath which links Montgomery Place to Blairhill Street. Having considered the matters raised by the objectors it is my view that the foothpath closure would result in a disamenity to the outlying residential area as there is no acceptable alternative route available.

The Housing Director’s reasons for the proposed closure are noted however it is my view that due to its importance in providing a pedestrian link between the housing area to the north and public amenities to the south the benefits in retaining the footpath far outweigh the limited benefits accrued from its closure. As the proposal would result in a significant loss of amenity to the outlying residential area it is recommended the application be refused planning permission. Reproduced from Ordnance Survey with N APPLICATION NO: C/98/00089/DPL the permission of the Controller of Her PROPOSAL/SITE: CLOSURE OF FOOTPATH AND THE NORTH ? Majesty’s stationery office 0 crown L ERECTION OF 6 FOOT HIGH PALISADE GATES TO EITHER SCALE 1: 1250 OBJECTORS Copyright. Unauthorised reproduction c END OF FOOTPATH BETWEEN 1 AND 2 MOmGOMERY * infringes Crown Copyright and may lead AVENUE AND 24A AND 26 BLAIRHILL STREET, COATBRIDGE to prosecution or civil proceedings. North Lanarkshire Council Licence RECOMMENDATION

Refuse, for the following reason :

That the footpath currently provides an important pedestrian link between an adjacent housing area and local amenities and its closure would result in an unacceptable detour of considerable length which would be considered detrimental to the amenity of the surrounding and outlying residential area.

List of Background Papers

Application Form and Plans Adopted Monklands District Local Plan 199 1. Memorandum from Director of Housing dated 26 February 1998. Letter of Objection from:- Mr & Mrs William McGoldrick, 13 Kelso Quadrant, Coatbridge Mr Andrew Phee, 10A Culross Place, Coatbridge A Millar, 25 Lefroy Street, Coatbridge Mr Frank Downie, 86 Cornhill Drive, Coatbridge Janet Fraser, 15 Culross Place, Coatbridge Steven McCabe, 19 Culross Place, Coatbridge C Fraser, 11 Culross Place, Summerlee, Coatbridge Thomas Miller, 14 Culross Place, Summerlee, Coatbridge James McCue, 10B Culross Place, Coatbridge, ML5 1RF Ann McDermott, 2 1 Culross Place, Summerlee, Coatbridge Francis Bell, 28A Culross Place, Coatbridge, ML5 1RF Ruby McShannoch, 4B Culross Place, Coatbridge, ML5 1RF Mrs Cecilia Phee, 10A Culross Place, Coatbridge, ML5 1RF Marie Clare, 28B Culross Place, Coatbridge Allan Calder, 9 Culross Place, Coatbridge Alice DW, 13 Culross Place, Summerlee, Coatbridge C Paterson, 16A Culross Place, Summerlee, Coatbridge Mrs S McKechnie, 1 Culross Place, Summerlee, Coatbridge Patrick McCrum, 12 Culross Place, Coatbridge M Greene, 1 Bothwell Place, Coatbridge Rose Shields, 3 Bothwell Place, Coatbridge Margaret Mullen, 10A Bothwell Place, Coatbridge May Ness, 9 Bothwell Place, Summerlee, Coatbridge, ML5 1RE May and Alec Crilly, 7 Bothwell Place, Summerlee, Coatbridge W Easton, 8C Montgomery Avenue, Coatbridge Henry Blair, 61 Montgomery Avenue, Coatbridge, ML5 1QS Janet Hutcheson, 10A Montgomery Avenue, Coatbridge Mrs W Reid, 49 Montgomery Avenue, Coatbridge C Watson, 55 Montgomery Avenue, Coatbridge Janice McKee, 6D Montgomery Avenue, Coatbridge Mary Paton, 23 Montgomery Avenue, Coatbridge, ML5 1QR Ray Blair, 4A Montgomery Avenue, Coatbridge James McPake, 43 Montgomery Avenue, Summerlee, Coatbridge, ML5 1QS Margaret Sylvester, 35 Montgomery Avenue, Coatbridge W J Hughes & Irene Hughes, 7 1 Montgomery Avenue, Summerlee, Coatbridge, ML5 1QT B McCooey, 73 Montgomery Avenue, Coatbridge Jane Prentice, 77 Montgomery Avenue, Coatbridge S McAleese, 16A Montgomery Avenue, Summerlee, Coatbridge Mrs Webster, 16B Montgomery Avenue, Coatbridge John Stronach, 16C Montgomery Avenue, Summerlee, Coatbridge, ML5 1QT Mrs Mary MacBride, 45 Montgomery Avenue, Coatbridge R McCabe, 12B Montgomery Avenue, Summerlee, Coatbridge J Black, 16D Montgomery Avenue, Coatbridge Mrs Helen Gallacher, 22B Montgomery Avenue, Coatbridge Garry Calder, 1OB Montgomery Avenue, Coatbridge Agnes Coutts, 37 Montgomery Avenue, Summerlee, Coatbridge Mrs M McLaughlan, 142B Corsewall Street, Coatbridge, ML5 1QX Marion Hosie, 38 Blairhill Street, Coatbridge Mr A Holloway, 50 Blairhill Street, Coatbridge Brendan Sneddon, 28B Bothwell Place, Coatbridge Neil McGachey, 59 Montgomery Avenue, Coatbridge Paul Hatty, 1OC Montgomery Avenue, Summerlee, Coatbridge Janet Lamont, 67B Corsewall Street, Summerlee, Coatbridge Mary Mahoney, 34 Blairhill Street, Coatbridge, ML5 1PH Ellen Millar, 8D Dryburgh Place, Coatbridge dated 7 February 1998. Mrs M Bradley, 3 Dryburgh Place, Coatbridge dated 6 February 1998 Mr & Mrs A Heaney, 226 Culross Place, Coatbridge dated 26 February 1998 Mr P Fraser, 15 Culross Place, Coatbridge dated 11 February 1998 Mr & Mrs J McDonald, 1 Dryburgh Place, Coatbridge dated 4 February 1998 Mrs I Fagan, 68 Culross Place, Coatbridge dated 4 February 1998 Mr & Mrs E Clellance, 46 Blairhill Street, Coatbridge received 18 March 1998 Mary Moore, 44 Blairhill Street, Coatbridge received 18 March 1998 Mr & Mrs M Murphy, 48 Blairhill Street, Coatbridge received 18 March 1998 Petition from Mr F Dominic, 86 Cornhill Drive, Coatbridge with 44 co-signatories. Petition from F Millar, 25 Lefroy Street, Coatbridge with 10 co-signatories.

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Colin Marshall. APPLICATION NO. C/98/00089/DPL

REPORT

1. APPLICATION SITE AND PROPOSAL

1.1 Planning permission is being sought for the closure of a lane that links Montgomery Avenue and Blairhill Street, Coatbridge.

1.2 The existing path has a tarmac surface and in approximately 3 .O metres in width, 90 metres in length and forms a pedestrian link between Montgomery Avenue and Blairhill Street. The pathway is bounded by hedgerows and boundary walls of adjacent residential properties.

1.3 The proposal would involve the provision of 6ft high metal palisade fencing incorporating locked gates at each end of the path. Gates are required to enable Scottish Power maintenance staff to gain access to a sub-station that is located mid-way along the path. Access would not be available to the general public. The footpath and existing streetlights would remain in situ.

1.4 The application has been submitted by the Director of Housing who advised that adjacent residents had continually complained about noise nuisance, loitering, drunken behaviour, litter. The proposed lane closure was considered to be a best solution as a request for extra policing etc. had not resulted in an improvement. The Director of Housing further advised that the surrounding property owners/occupier would support its closure. It should be noted the Housing Committee agreed to proceed with the submission of a formal planning application at their meeting on 4 October 1996.

2. REPRESENTATIONS

2.1 Following the prescribed neighbour notification procedure and advertisement of the proposal in the local press, 62 No. letters of objections were received in regard to the application.

2.2 The proposal also raised 2 No. petition's (total of 56 signatories) which objected to the lane closure.

2.3 Objections to the lane closure can be summarised as follows:-

a) The footpath has been in regular use by residents in Summerlee for over 40 years; b) Closure would result in a lengthy detour that would be of particular detriment to older residents; c) The provision of fence/gates would result in an accumulation of unhygienic/unsightly refuse/litter to the detriment of residential amenity; d) The lane closure would result in a reduction in the quality of life for Summerlee residents due to the lengthy detour required. e) The proposal would inconvenience the majority of Summerlee residents who use the path to gain access to local amenities i.e. schools, shops, churches, post office etc.; f) The lane closure may be detrimental to road safety particularly as young children would require to use other streets that are heavily used by traffic; g) The path is well used by local residents and its loss would result in a loss of amenity.

3. ASSESSMENT & CONCLUSION

3.1 The Council has in the past agreed to other lane closure proposals, however, in most instances such proposals have been considered acceptable as there was no loss of amenity as a viable alternative was available. However, in this particular case the closure of this lane would result in a lengthy detour of approximately 400m ('/e mile). 3.2 The lane provides a useful pedestrian link between the Summerlee housing area and local amenities of Blairgrove shopping area, Time Capsule and other services. There is no other through link between Montgomery Avenue and Blairhill Street and alternative options via Bothwell Place, Culross Street, Dunrobin Place or Dryburgh Place to Corsewall Street and Lefroy Street would be onerous particularly for older residents and younger children.

3.3 The problems experienced by the adjacent residents are noted but these are considered to be of matters of public order which should be dealt with by the police. Indeed the closure of the footpath may only serve to transfer the anti-social element elsewhere within the Blairhill or Summerlee areas. It was noted that the footpath is bounded by high hedgerows and walls and improvements may be realised if these were cut back to introduce a more open aspect to the lane, thereby introducing an element of supervision by the residents, The introduction of additional street lights may also discourage loitering and more frequent litter maintenance provisions would negate this particular problem.

3.4 It is my view that the benefits that would be accrued from the lane closure would be minimal and do not address the underlying social problems. These local benefits do not outweigh the concerns expressed by the objectors and I consider that a significant disamenity would result which would affect a large proportion of residents in the surrounding and outlying residential area. No other route exists which could be utilised as a reasonable detour. Indeed the closure would result in an unacceptable alternative that may add some 400 metres to the length of the walk involved.

3.5 In view of the above considerations it is concluded that the proposal is unacceptable as it would result in a loss of amenity to the surrounding and outlying residential area and I recommend that the application is refused planning permission. Application No. C/98/00198/FUL Date registered 26 February 1998 APPLICANT ROBERT CURRIE, 7 VICTORIA CRESCENT, AIRDRIE.

Agent J Kerr McDougall, 12 Colston Vale, , Motherwell, ML1 5NL DEVELOPMENT CONVERSION OF EXISTING KENNELS TO SELF CONTAINED DWELLING AND ERECTION OF COMMERCIAL STABLESKENNELS BLOCK (IN RETROSPECT) LOCATION COLTSWOOD KENNELS, GARTGILL ROAD, COATBRIDGE

Ward No. 33 Grid Reference 272585 - 666842

File Reference C/PL/CTG1201588000/GB/SOH

Site History The application site was part of the former Glenburn Nurseries but has been used as dog kennels for in excess of 25 years.

In 1968 planning permission was refused for a residential development on the whole site of the Nurseries (App No. P/68/142).

In 1975 (App No. P/75/205) planning permission was refused to change the use of one of the kennel buildings to a house.

Development Plan Policy GBlA of the Strathclyde Structure Plan 1995 and policy GB1 of the adopted Monklands District Local Plan 1991.

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection West of Scotland Water, Transco, Scottish Power, NLC Finance. NLC Environmental Services, Conditions Coal Authority No Reply

REPRESENTATIONS Neighbours No response

Newspaper Not required Advertisement

COMMENTS The proposal is to re-establish the kennels business and supplement this with a horse stabling business. In addition to this the applicant wishes to convert one of the existing kennels buildings to form a house associated with the business. The applicant has completed a substantial amount of work on the construction of the stables and kennels block and the conversion works for the house without the benefit of planning permission.

Having considered the matter against the relevant policies of the Strathclyde Structure Plan 1995 and the Monkland District Local Plan 1991, I consider the proposal to be acceptable subject to a Section 75 Agreement that will tie the proposed house to the re-established business and associated land.

R9800198.DOC

RECOMMENDATION

Grant, subject to a Section 75 Agreement and the conditions on the attached sheet.

List of Background Papers

- Plans and application forms submitted on 10 February 1998 - Adopted Monklands District Local Plan 1991 - Strathclyde Structure Plan 1995 - Consultation response from Transco dated 6 March 1998 - Consultation response from The Coal Authority dated 9 March 1998 - Consultation response from Scottish Power dated 17 March 1998 - Consultation response from Environmental Health dated 18 March 1998 - Consultation response from West of Scotland dated 23 March 1998 - Memos from Finance dated 2nd June 1998, 11th August 1998, copy letter to applicant dated 1lth August 1998.

Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.

R9800198.DOC CONDITIONS:

1. That the occupation of the dwellinghouse hereby permitted shall be limited to a person employed full- time dn the associated horse livery and dog kennelling business on site, or a dependant of such person, residing with him, or her, or the widow or widower, of such a person.

Reason: To accord with the approved Green Belt policy.

2. That before construction works recommence on site, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) the parking and manoeuvring of 12 cars, 2 to be dedicated to the new house, the remainder for the stables and kennels; (b) the loading and unloading of 1 vehicle, and; (c) the provision of turning areas so that all vehicles enter and leave the site in forward gear, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

3 That before construction work recommences on site, all areas covered by the scheme, approved under the terms of condition 2 above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as parking areas.

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

4. That before construction work recommences on the conversion for the new house or the new stables and kennels the first 15.0m of the access road beyond the limit of its junction with Gartliston Road shall be surfaced in an impervious material, to the satisfaction of the Planning Authority.

Reason: To prevent deleterious material being carried onto the road in the interests of road safety

5. That before construction work recommences on site, full details and/or samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in detail in the interests of the amenity of the surrounding rural area.

R9800198.DOC 6. That before construction work recommences on site, a scheme of landscaping, including boundary treatment, for the area shaded blue on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) details of the phasing of these works.

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

7. That within one year of the occupation of the house hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition no. 6 above, shall be completed and any trees, shrubs, or areas of grass which die, or are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the site and the surrounding rural area.

8. That no trees within the application site or the area shaded blue on the approved plans shall be lopped, topped or felled and no shrubs or hedges, shall be removed from these areas, without the approval in writing of the Planning Authority.

Reason: To safeguard the amenity of the area.

NOTE TO COMMITTEE

1. The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 to prevent the proposed house being sold separately from the business and land associated with it. The planning consent should not be issued until these matters have been concluded.

R9800198.DOC APPLICATION NO. C/98/00198/FUL

REPORT

1. THE APPLICATION SITE AND ITS LOCATION

1.1 The application site consists of a collection of buildings that were used for the purposes of a kennels business and was known as Coltswood Kennels. There was also a house associated with the business and was formally the house associated with the original Glenbum Nurseries. This is located adjacent to the application site but is not part of it, and is now in separate ownership.

1.2 The site is located north of Coatbridge on the southern edge of Gartsherrie Wood. It is accessed via a track that has its junction with the B804 Gartliston Road approximately one mile north of Coatbridge town centre.

2. THE PROPOSAL

2.1 Planning permission is sought to convert an existing brick built kennels building to a house for the operators of the proposed kennels business on site. The current applicant has acquired the existing business and wishes to re-establish it along with a horse stabling business. Since the existing house on the site is now in separate ownership the applicant wishes the new house to be associated with the new and re-established business.

3. PLANNING POLICY

3.1 The application site is within the Green Belt as defined by both the Strathclyde Structure Plan and the Monklands District Local Plan 1991. It is covered by policy GBlA of the Strathclyde Structure Plan 1995 and GB1 of the Monklands District Local Plan 1991, each of which is described below;

3.2 Strathclyde Structure Plan 1995 policy GB1 A

‘‘ Proposalsfor the development within the greenbelt shall require to be justified against the following criteria,

(a) economic benefit (b) specijic locational need (c) inj?astructure implications, and

(d) environmental impact. ”

3.3 Monklands District Local Plan 1991

“Withinareas designated as Green Belt no development will be petmitted exceptfor:-

a) New housesforfull time workers in connection with forestry or agriculture......

b) Non residential developments in connection with foresty or agriculture

C) Uses requiring a rural location:- fi) to avoid nuisance to neighbours (e.g. animal boarding kennels) (ii) since they need large area of open space (e.g. riding stables orgolfcourses)

d) Areas identified as having substantial developmentpotential:- ...... # ...... ”

R9800198.DOC 4.0 REPRESENTATIONS

4.1 From the consultations that have been undertaken, with the service providers, no objections have been received. The Coal Authority have indicated that the site is within an area that is within the zone of influence of previous underground mining but that any ground movement should have ceased.

5.0 CONSIDERATIONS

5.1 The main issue with this case is the justification for allowing a new residential unit within the designated Green Belt area.

5.2 Both Structure Plan and Local Plan policy require that any new development within the Green Belt must be justified as requiring a rural location. The Local Plan specifically mentions uses such as kennels and riding stables as being suitable uses.

5.3 In this particular instance the applicant is taking over an existing kennels business and is re-establishing it and also adding horse riding stables to increase the business activity. His proposal to convert an existing building on the site is more suitable than building a new house within the Green Belt area. Unfortunately, subsequent to the planning application being submitted, the applicant has started the conversion works without the benefit of planning permission.

5.4 Previously there were a number of buildings on site that had become run down. The applicant has demolished these buildings and has begun to construct new kennels and stables without the benefit of any planning permission.

5.5 One concern with a proposal of this nature is that the provision of a new house in the countryside should be supported by a viable rural business, as outlined by the Local Plan policies. Whilst the applicant has a proposal for a business that requires to be located within the countryside, it has to be proven that the business will be viable to support someone in full time employment. This is done through the submission of a Business Plan.

5.6 A Business Plan has been provided which the Director of Finance has examined. He has indicated that he believes the proposed business is capable of supporting one of the two partners in the business in full time employment. There is therefore no objection to the provision of the house on the basis that 24 hour supervision is required to ensure the well being of the animals in care.

5.7 The other main concern in allowing such a proposal is that the applicant does require a house associated with the business, but with no control over the occupation of the house, it could be sold separately and there would still be an operational need for a house related to the business. To overcome this the applicant has agreed to enter into a Section 75 Agreement. This is a legal agreement that will ensure that the new residential unit is tied to the kennels and stable business and could not be sold separately from the business premises and the land associated with it.

6.0 CONCLUSIONS

6.1 Having assessed the proposal against the policies of the Strathclyde Structure Plan 1995 and the Monklands District Local Plan 1991 I am satisfied that the proposed new house is justified and that the proposed kennels and stables business requires to continue to be located within this Green Belt area. Subsequently I would recommend that planning permission be granted subject to a Section 75 Agreement.

R9800198.DOC Application No. C/98/00533/FTJT., Date registered 16th April 1998 APPLICANT BELLWAY HOMES LTD., 813 SOUTH STREET, WHITEINCH, GLASGOW, G14 OBX

Agent Hypostyle Architects, 49 St Vincent Street, Glasgow, G3 8MG DEVELOPMENT ERECTION OF 220 NO. DWELLINGHOUSES LOCATION CLAREMOUNT SITE, PADDOCK STREET, COATBRIDGE

Ward No. 35 Grid Reference 27470966373s

File Reference C/PL/CTK825/LM/md

Site History 1. Site previously was occupied by the Ironworks and by a gas works and coal pit. There has been no development on the site since about the 1950’s.

2. Permission was granted on 27th November 1996, for the reclamation and consolidation of the site, planning app. no. C/96/450.

Development Plan H3/4 1 New Private Sector Housing Development

Contrary to No Development Plan

CONSULTATIONS

0bjection No Objection Director of Education, Scottish Power, Police, S.E.P.A., Transco, C.S.C.T., West of Scotland Water Conditions The Coal Authority, Director of Environmental Services, Director of Leisure Services, Railtrack No Reply S.N.H., B.T.

REPRESENTATIONS Neighbours One letter of objection, subsequently withdrawn

Newspaper Not required Advertisement

COMMENTS The applicants seek detailed permission for the erection of 220 dwellinghouses on what is known as the “Claremount” site. This formerly derelict site was reclaimed by the LDA in 1997 to a condition suitable for development for housing. The proposed development consists of a mixture of detached, semi- detached and terraced villas and some two and three storey blocks of flats. The existing access to the site from Paddock Street will be upgraded to serve the development. A letter of objection was submitted by a resident of the adjacent Carnbroe housing area concerning the suitability of the site for development given the recent engineering works which he witnessed at the site. The objector was advised that these works were undertaken to bring the site to a condition suitable for housing, he subsequently withdrew his objection.

The development is acceptable from a planning viewpoint and will bring this site back into active use. I therefore recommend that permission is granted subject to the attached conditions.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

Planning Application Form and Accompanying Plans Approved Monklands District Local Plan Letters from Agents dated 2014198, 2 1/7/98,25/8/98, 26/8/98, 28/8/98 Letters from Civil and Structural Partnership Ltd. dated 26/6/89,6/8/98 and 7/8/98 Letter from Dougall Baillie Associates dated 5/8/98 Letters dated 21/4/98 and 28/4/98 from Mr J Reid, 36 St Leonards Walk Consultation response dated 2014198 from Railtrack Consultation response dated 29/4/98 from Director of Education Consultation response dated 30/4/98,6/5/98 and 27/8/98 from Director of Environmental Services Consultation response dated 7/5/98 from The Coal Authority Consultation response dated 7/5/98 from Scottish Power Consultation response dated 6/7/98 from Strathclyde Police Consultation response dated 12/5/98 from S.E.P.A. Consultation response dated 13/5/98 from Transco Consultation response dated 15/5/98 from Director of Leisure Services Consultation response dated 2015198 from C. S.C.T. Consultation response dated 26/5/98 from West of Scotland Water Mason Evans Completion Report dated September 1997 and Addendum Report dated June 1998 Health and Safety Report dated April 1998 by Ironside Farrar Ltd. Traffic Impact Assessment by Dougall Baillie Associates dated July 1998 Report on Railway Noise and Vibration Survey by Stanger dated 3016198.

Any person wishing to inspect the above background papers should telephone Coatbridge 812379 and ask for Mrs L McCallum. CONDITIONS

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

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

2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, and this shall include the erection of a 1.8 metres high close boarded screen fence where marked ORANGE on the approved plans.

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

Reason: To safeguard the amenity of future residents.

Reason: In order to protect the adjacent river valley.

3. That before the completion or occupation of any of the dwellings on plots 82 to 108 inclusive, the noise mitigation bund and fence which is required along the rear of all of these properties, as detailed in sections 7.1,7.2 and 7.3 of the report by Stanger Science and Environment dated 30th June 1998, shall be completed to the satisfaction of the Planning Authority, full details and plans of these measures, including the landscaping of the bund, shall be submitted and approved by the Planning Authority before development starts.

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

Reason: To safeguard the amenity of future residents.

4. That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse hereby permitted and the adjoining road.

Reason: To safeguard the amenity of future residents.

5. That before the development hereby permitted starts, full details andor samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in detail. 6. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the timescale for the implementation of these works.

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

7. That all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (6) above, shall be completed in accordance with the approved timescales and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

8. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of- (a) the non adoptable footpaths (b) the proposed non adoptable parking areas (c) the proposed external lighting of non adoptable footpaths and parking areas d) the proposed play area e) the proposed grassed, planted and landscaped areas (0 the proposed fences to be erected along the boundaries marked BLUE on the approved plans.

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

9. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition (8) shall be in operation.

Reason: To safeguard the amenity of future residents.

10. That before the development hereby permitted starts, a scheme for the provision of a play area within the area hatched GREEN on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around and the means of entrance to the play area, and (d) details of the phasing of these works.

Reason: To enable the Planning Authority to consider these aspects in detail. 11. That before the occupation of the dwellings on plots 44 to 46 within the development hereby permitted, all the works required for the provision of equipped play area and, included in the scheme approved under the terms of condition (10) above, shall be completed to the satisfaction of the Planning Authority.

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

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

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

13. That the visibility splays shown on the approved plans, as measured from the road channel, shall be provided on both sides of the vehicular accesses and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of public safety.

14. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

15. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.

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

16. That all driveways shall have the first TWO metres, as measured from the heel of the public footway, finished in slabs or a similar bound surface and shall incorporate a drainage facility to prevent surface runoff onto the road and footway before the associated dwelling is occupied.

Reason: In the interests of public safety and to prevent deleterious material being carried out onto the highway.

17. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the use of all garages within the site shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from, any garage.

Reason: To safeguard the residential amenity of the area. 18. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of any of the dwellinghouses hereby permitted shall be finished in materials which match those used on the existing dwellinghouse.

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

19. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the integral garages within the site shall not be altered for use as a habitable room without the prior written approval of the Planning Authority.

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

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

20. That in accordance with the reports by Mason Evans Partnership dated September 1997 and June 1998 and the letter from Civil and Structural Partnership Ltd Dated 7th September 1998 the following restrictions apply to the development of the site: a) AREAS D and E (shown on drawing no 2765/ar/f/03 accompanying the above report) - no buildings or structures other than light weight garden sheds shall be erected, b)AREA E - any excavations within this area should not be more than 500mm below the existing ground levels. c)TREATED MINESHAFTS A,B and C ( shown on drawing no. 2765/ar/f/13 and the approved plans ) -a restriction zone of 5 metres applies around these shafts within which no development may take place, these areas shall only be used for gardens/ open space.

Reason: Due to the ground conditions at the site.

21. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no rear extensions shall be constructed to any of the mid- terrace dwellinghouses or to any of the dwellings on plots 108, 134 to 137 inclusive, hereby permitted, without the prior written approval of the Planning Authority, and on plots 109 to 133 inclusive, no rear extensions to these properties shall be permitted under any circumstances and any development within the rear gardens of these properties shall be in accordance with condition (20) below.

Reason: In order to ensure the retention of sufficient rear garden ground to serve these dwellinghouses and due to the ground conditions at the site.

22. That no fences or walls shall be erected and no trees or shrubs shall be planted within the two metres wide public utility strip, which runs parallel to the rear of the kerb defining the edge of the road adjoining plots 1 to 21, inclusive, and 162 to 182, inclusive, as shaded RED on the approved plans.

Reason: In order to protect the public utilities within this area.

23. That notwithstanding the details shown on the approved plans, before development starts revised plans showing the " Tweed" house type altered to incorporate the entrance door and stairwell windows on the elevation currently shown as a blank wall, shall be submitted to and approved by the Planning Authority.

Reason: In the interest of the amenity of the area and to provide increased supervision and best use of the communal parking areas. Application No. C/98/00938/FUL Date registered 30 June 1998 APPLICANT JAMES VALLELY, 9 BLAIR ROAD, COATBRIDGE ML5 1JJ

Agent DEVELOPMENT CHANGE OF USE OF DWELLINGHOUSE TO CLASS 1 SHOP INCLUDING THE DEMOLITION OF A DERELICT BUILDING LOCATION 321,323,325 BANK STREET, COATBRIDGE

Ward No. 36 Grid Reference 272010664470

File Reference CPL/CTB 144323/CM/md

Site History P/90/373 Upgrading and Alteration of Two Dwellinghouses and Erection of Two Dwellinghouses with Car Parking and Formation of Access. Refused 28 September 1990

Development Plan HG 9 (Housing Policy for Existing Residential Areas)

Contrary to Yes Development Plan

CONSULTATIONS

Objection No Objection NLC Environmental Services Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper No Response Advertisement

COMMENTS Planning permission is being sought for a change of use of an existing dwellinghouse to form a Class 1 shop at 321-325 Bank Street, Coatbridge. The proposals would also involve the demolition of an adjacent derelict building to form an off-street customer parking area, The applicant intends to use the premises as a Bridal Services Shop. No adverse representations were received in regard to the application. Under the terms of the above noted local plan policy (HG9) only developments of an ancillary residential nature (such as nursery schools, corner shops or local health centres) are generally permitted within such areas. Whilst it is clear that the proposed Bridal Services Shop would not be considered as an ancillary residential use it is noted that this area of Bank Street supports a variety of mixed uses including shops and other small businesses. I therefore consider that the proposal would not have a detrimental impact on the surrounding area and as such consider that a departure from the terms of Policy HG 9 would be justified in this instance. Overall it is my view that the proposals are satisfactory and recommend planning permission be granted subject to conditions.

R9800938.DOC

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

- Application form and accompanying plans - Adopted Monklands District Local Plan 1991 - Memo from NLC Environmental Services received 28 July 1998

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshall.

R9800938,DOC APPLICATION NO. C/98/00938/FUL

REPORT

1. SITE DESCRIPTION AND PROPOSAL

1.1 Planning permission is being sought for the change of use of a dwellinghouse to a Class 1 Shop at 321, 323 and 325 Bank Street, Coatbridge. The proposals would also involve the demolition of an adjacent derelict building to allow an off street customer parking area to be formed (3 no. spaces measuring 2.5 metres x 5.0 metres with 6.0 metre aisle width). The applicant has advised that the shop would be used as a Bridal Service Shop.

1.2 The application site consists of part of a terraced row of cottages now vacant and partially derelict. The buildings are situated to the south of Bank Street and are bounded to the west by a petrol service station, to the east by a builders merchant and to the south by houses located off Burnside View. The site measures approximately 22.5 metres at its Bank Street frontage extends to some 45 metres to the rear incorporating a rear garden area which is situated at a lower level than Bank Street.

1.3 The proposed shop would be accessed from Bank Street and provide 3 No. Display Rooms, Staff and Customer Toilet and Staff Kitchen. Excepting the demolition of the shell of the derelict cottage no external alterations are proposed for the existing building.

2. PLANNING POLICY

2.1 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by Policy HG 9 (Housing Policy for Existing Residential Area).

3. CONSULTATIONSDWPRESENTATIONS

3.1 NLC Environmental Services had no objections to the proposal, and there were no adverse comments received from neighbours or other parties.

4. ASSESSMENT

4.1 Under the terms of the above noted local plan policy only developments of an ancillary residential nature, such as nursery schools, corner shops or local health centres are generally permitted within designated residential areas. Whilst it is clear that the proposed Bridal Services Shop would not be considered as an ancillary residential use it is noted that this area of Bank Street supports a variety of mixed uses, including shops and other businesses. As the surrounding area is not predominantly residential but consists of a number of mixed land and property uses I consider that a departure from the terms of the HG9 policy could be justified in this instance as there would be no detrimental impact on existing levels of amenity.

4.2 The proposal would also involve the demolition of the shell of a derelict terraced cottage to form an off street parking facility for customers. This building has been vacant for many years and has deteriorated in condition. Its loss would be considered acceptable particularly as it would enable the applicant to provide satisfactory off-street customer parking.

4.3 Having considered the above matters I consider the proposals are acceptable and recommend that planning permission be granted subject to conditions.

R9800938.DOC CONDITIONS

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

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

2. That before the use hereby approved commences a minimum of 3 No. off-street car parlung spaces shall be provided, each measuring 2.5 metres x 5.0 metres with a minimum aisle width of 6.0 metres and they shall be positioned as indicated in red on the plans hereby approved to the satisfaction of the Planning Authority.

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

3. That before the use of the Class 1 shop hereby permitted commences, a dropped kerb vehicular access, minimum width of 5.0 metres shall be constructed, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by said Roads Authority.

Reason: In the interests of public safety.

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

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

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

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

R9800938.DOC Application No. C/98/00946MID Date registered 3 July 1998 APPLICANT NLC PER DIRECTOR OF EDUCATION, MUNICIPAL BUILDINGS, KILDONAN STREET, COATBRIDGE, ML5 3LT

Agent NLC per Head of Design Services, Philip Murray Road, Bellshill, ML4 3PA

DEVELOPMENT ERECTION OF EXTENSION TO PRIMARY SCHOOL LOCATION ST. ANDREWS PRIMARY SCHOOL, LAGGAN ROAD, AJRDRIE, ML 6 OLL

Ward No. 42 Grid Reference 275480666210

File Reference C/PL/AIL060/CM/md

Site History No previous planning applications

Development Plan Under the terms of the Adopted Monklands District Local Plan the application site is located within an area covered by the following policy:-

EDUC 1 (Protect and Improve Schools)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours One enclosing a petition with 17 co-signatories

Newspaper Advertisement No response

COMMENTS Planning permission is being sought for an extension to St. Andrews Primary School, Laggan Road, Airdrie. Despite the terms of objections raised it is my view that no significant disamenity would arise from this proposal. The scale, design, and proposed finishing materials are considered acceptable and I recommend planning permission be granted subject to conditions

R9800946.DOC RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

- Application Form and Plans - Adopted Monklands District Local Plan 199 1 - Letter of Objection and Petition with 17 co-signatories from Mr. J. Reilly, 26 Ballochney Street, Airdrie received 14 July 1998 - Letter from Department of Construction Services received 12 August 1998.

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Ivlr. Marshall.

R9800946.DOC APPLICATION NO. C/98/00946/NID

REPORT

1. SITE DESCRIPTION AND PROPOSAL

1.1 Planning permission is being sought for an extension to St. Andrews Primary School, Laggan Road, Airdrie.

1.2 The extension would comprise of a single storey building with pitched roof providing an extended floor area of approximately 390 square metres. Internally the extension would be sub-divided to provide 4 no. classrooms, a central activity area, toilet facilities, cloakroom and tutorial room. An access doorway and ramp would be provided to the buildings west elevation and this would be used by pupils at school break times. A fire escape doorwaylramp would be positioned in the north elevation. Finishing materials would comprise a mix of red and buff coloured facing brick walls and insulated paneled roof. All doors and windows would be double glazed units with powder coated frames.

1.3 The proposed extension is to replace 3 no. single storey sectional timber huts located to the west of the main school building. Demolition of these temporary buildings would only begin once the extension works were completed. All grass and tarmac areas would be reinstated.

2. CONSULTATIONWREPRESENTATIONS

2.1 There were no external consultees involved in consideration of this application.

2.2 A letter of objection and a petition with 17 no. co-signatories were received from neighbours residing in Ballochney Street which is located to the north of the application site boundary. The terms of the objections can be fairly summarised as follows. That the proposal would be detrimental to existing residential amenity, as it would lead to increased noise, reduce privacy due to the positioning of an entrance doorway, encourage anti-social behaviour or other nefarious activity, reduce security, cause overshadowing of existing properties and restrict residents outlook. The objector’s also expressed concern over disturbance from site vehicles using the site access road.

3. ASSESSMENT

3.1 Although the extension would be constructed to the north of the existing school building it would be located approximately 27 metres from the nearest dwellinghouse in Ballochney Street. The building would be designed to the latest building standards and would be double glazed throughout. The agent confirmed that the ‘Activity Area’ does not denote a noisy play area, but would serve as a communal area where practical work can be undertaken. It was also confirmed that the doorway facing the existing dwellinghouses would be used as a fire escape (the main access to the building would be from the main entrance off Laggan Road) and the doorway to the west elevation would be used by children at class intervals. It is accepted that school playgrounds will generate a certain levels of noise particularly at school intervals and break times, however it is my view that the proposal would not increase noise levels to any significant degree above that of existing levels. In view of these factors I do not consider there would be any significant increase in noise as a result of the extension. I accept that there may be some disturbance caused during the construction phase, particularly from site construction vehicles. However this would be for a temporary period (it is estimated that construction works would be completed within 6 months), and works contract restrictions would limit vehicle movements within the site. An alternative site access route from Laggan Road was considered by the applicant however this was ruled out due to restrictions within the current site layout. The proposed temporary access route offers the most practical means of access for site vehicles and whilst there may be some increase in noise levels, the intrusion would be minimised and temporary and as such would be considered acceptable. It is also my view that residents privacy would remain unaffected by the proposals. I do not accept the claim that the proposal by itself would result in an increase in nefarious activity which would in turn impair security. Firstly, such problems are of a social nature, and complaints should be dealt with by the police and secondly, the agent has advised that all doors and

R9800946.DOC windows are protected by integral roller shutters, therefore the building would be secure. Turning to the concerns expressed regarding loss of outlook it is noted that the existing outlook currently enjoyed by the adjoining residents is over the existing flat roofed school buildings and outlying playing fields. This view would not change as a result of the development as the extension is only single storey and is lower in height than the existing building. The design of the proposed extension is considered acceptable and the removal of the temporary classroom huts should enhance rather than reduce the visual amenity of the school itself and of the surrounding area. Finally I do not consider the proposed extension would overshadow existing properties as the building would be single storey in height and is set far enough back from existing properties.

3.2 In view of the above considerations it is my view that the proposal is acceptable. I have considered the matters raised by the objectors but consider the proposed extension would not result in any significant loss of amenity. It is therefore recommended that planning permission be granted subject to conditions.

R9800946.DOC NOTE TO COMMITTEE

Committee should note that should they decide to grant planning permission for the above noted development, the matter will need to be referred to the Secretary of State for Scotland, under the terms of Regulation 6 Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981 (as amended).

R9800946,DOC CONDITIONS

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

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

2. That the development shall be implemented in accordance with the plans hereby approved and no change to the design, layout or external finishes shall take place without the prior written approval of the Planning Authority.

Reason: In the interests of amenity.

3. That before the development hereby permitted starts, full details andor samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

4. That within 6 months of the completion of the constructioddemolition works all grass and concrete areas shall be reinstated to the satisfaction of the Planning Authority.

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

5. That a dropped kerb vehicle access shall be constructed to industrial access standards at the temporary site access and following completion of the works hereby approved the footway and kerb shall be reinstated to their original condition, all to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

R9800946.DOC Application No. C/98/01048/FUL Date registered 30 July 1998 APPLICANT THE CLYDESDALE BANK Plc

Agent Jenkins & Marr Architect DEVELOPMENT INSTALLATION OF AUTOMATIC TELLER MACHINE LOCATION 60A-60C WOODSIDE STREET, COATBRIDGE

Ward No. 37 Grid Reference 271875 664007

File Reference

Site History No relevant site history

Development Plan Zoned COM 5, Local Shops in the Monklands District Local Plan 1991

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Transportation Conditions No Reply

REPRESENTATIONS Neighbours One letter of objection

Newspaper Advertisement Not required

COMMENTS The proposal relates to the Installation of an Automatic Teller Machine (Am within the ground floor wall of the property at 60A - 60C Woodside Street, Coatbridge. The site forms part of a neighbourhood shopping area. Under the adopted Local Plan the site is zoned under policy COM 5 which supports shopping and related uses.

As far as the use is concerned the proposal is therefore considered to be compliant with policy and is not considered to be inappropriate in the location. The proposal is also considered to be acceptable in terms of location and design and would not therefore be of detriment to the visual amenity of the building itself or surrounding area.

The proposal was subject to an anonymous letter of objection, the grounds of which are as follows :-

1, That the installation of an ATM would cause traffic congestion and illegal parking which is detrimental to road safety. PROPOSAL/SITE: INSTALLATION OF AUTOMATIC 's Stationery Office 0 Crown TELLER MACHINE

I 2. That access to the ATM would be via the pedestrian crossing which would be sounding off on a regular basis and therefore would constitutes noise pollution.

3. That the installation of an ATM would increase existing problems of vandalism, underage drinking and lack of security in the housing situated above the site.

4. That there is no need for an ATM at this location as there is a Girobank located nearby.

With specific regard to these objections the following comment is provided

1. The ATM will be sited in an existing shopping area which is served by adequate parking to the rear. Furthermore, it is considered that the proposal because it is integrated within an existing shopping area, would not give rise to a significant net impact on current traffic or parking problems.

2. For the same reason, the suggestion of increased noise nuisance cannot be supported from a planning viewpoint.

3. The objection regarding vandalism etc. refers to existing social problems that are not of relevance to the planning assessment of the proposal.

4. Finally, any need for an ATM is a consideration which in this case given the commercialhetail location involved does not give rise to the planning issues regarding over-provision.

In view of all of the above it is assessed considerations it is considered that the proposal is acceptable from a planning viewpoint.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

- Application Form and Plans - Adopted Monklands District Local Plan 1991 - Letter of Objection - Anonymous

Any person wishing to inspect the above background papers should telephone Coatbridge 812371 and ask for Marlaine Haley. Conditions

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

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

2. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without prior written approval of the Planning Authority.

Reason: To safeguard the amenity of the area. Application No. C/98/01097/FUL Date registered 11th August 1998 APPLICANT MRS MARGARET NELSON, 5 THORNKIP PLACE, COATBRIDGE, ML5 4JL

Agent DEVELOPMENT USE OF DWELLINGHOUSE AS CHILDRENS DAY NURSERY INCLUDING FORMATION OF REAR CAR PARKING AREA LOCATION 3 STUARTVILLE, KILDONAN STREET, COATBRIDGE, LANARKSHIRE, ML5 3LQ

Ward No. 34 Grid Reference 273696 665303

File Reference C/PL/CTK425/DB/md

Site History No previous applications

Development Plan Zoned HG9 Housing Policy Existing Residential Area and ENV15 Conservation Areas in the Monklands District Local Plan 1991

Contrary to Yes Development Plan

CONSULTATIONS

Objection No Objection NLC Early Years Services, NLC Environmental Services Conditions No Reply

REPRESENTATIONS Neighbours 6 letters of objection were received

Newspaper No Response Advertisement

COMMENTS This application relates to the change of use of 3 Stuartville, Kildonan Street, Coatbridge to a children’s nursery and with associated car park. There were 6 letters of objection received from adjoining residents details of which are included in the attached report. It is proposed to have approximately 16 children and 4 staff accommodated within the building. The house is an end terrace property and the proposal would create a car park to the rear. The Local Plan guidance on the location of nurseries indicates that it will not generally be acceptable for terrace properties due to the impact on adjoining neighbours. I believe that this intensity of development will adversely impact on the residential amenity of the area.

The proposed car park would be accessed by a narrow driveway and I believe would discourage parents from using it. As a result it is likely that on street parking would be generated at peak times on a road restricted by double yellow lines and reduced width hatching to the detriment of pedestrian and traffic safety.

RECOMMENDATION

Refuse, for the following reasons, - Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Ofice 0 Crown copyright. Unauthorised reproduction infringes Crown - copyright and may lead to prosecution or civil proceedings. North Lanarkshire Council LA09041L Map , produced:4th September 1998. 1. The property is unsuitable for use as a nursery due to the disturbance which would arise to adjacent residential properties from the delivery and collection of children and use of the rear garden ground for car parking and outdoor play.

2. The proposed car parking provision is inconveniently located to the rear of the premises with access via a narrow driveway. This will encourage unsafe on street car parking.

List of Background Papers

- Application form and plans - Adopted Monklands District Local Plan 199 1 - Consultation Response from NLC Early Years Services, dated 25 August 1998 - Consultation Response from NLC Environmental Services, dated 27 August 1998 - Letter of Objection from Mrs J Nolan, 17 Kildonan Street - Letter of Objection from R McCluskie, 15 Portland Street, dated 23 August 1998 - Letter of Objection from Mr Patrick Creaney, 14 Laird Street, dated 14 August 1998 - Letter of Objection on behalf of Mr J Thompson, 2 Stuartville, Kildonan Street, dated 19 August 1998 - Letter of Objection from Nancy Stephen, 17 Portland Street, dated 17 August 1998 - Letter of Objection on behalf of Mr B F Boyce, 12 Laird Street, dated 2 1 August 1998 - Letter of Objection on behalf of Mr B F Boyce, 12 Laird Street, dated 11 September 1998

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter. APPLICATION NO. C/98/01097/FUL

REPORT

APPLICATION SITE & PROPOSAL

This application relates to the change of use of 3 Stuartville, Kildonan Street, Coatbridge fiom a house to a children’s nursery and associated car park. The house is an end terrace property and it is proposed that a car park will be provided in the rear garden along with a play area.

The site is zoned HG9 Housing Policy Existing Residential Area and ENV15 ConservationAreas in the Monklands District Local Plan 1991.

CONSULTATIONS/REPRESENTATIONS NLC Early Years Services was consulted and had no objection to the proposal.

NLC Environmental Services was consulted and had no objection to the proposal subject to the provision of appropriate kitchen, toilet and changing facilities.

The Transportation Manager has indicated that because of the narrowness of the driveway to the car park it is likely that on street parking will occur when setting down and picking up children. This would be unacceptable owing to the fact that Kildonan Street at this point is narrowed by centre hatching.

There were 6 letters of objection received fiom adjoining neighbours indicating the following reasons:

That the proposed change of use would create a disturbance to the area; There are sufficient nurseries within the surrounding area; Kildonan Street already suffers fiom congestion fiom the traffic going to the schools and college when the children would be being dropped offkollected; As car parking is restricted on Kildonan Street the proposed developmentwill increase the parking problems on Portland Street; The proposed development will increase traffic movements along Laird Street and Portland Street; The introduction of the proposed use will affect property prices; The proposal would introduce traffic to the back garden resulting in noise and pollution; and The proposal would introduce a large number of children to the back garden resulting in unacceptable noise. The building is affected by mine workings and may cause a potential danger tothe children.

ASSESSMENT

The Local Plan Design Guidance Nurseries indicates that generally nurseries are accepted within residential areas so long as they do not have an adverse affect on adjoining residents, or area with regard to noise, disturbance and visual intrusion. In addition it is indicated that it will not generally be acceptable to locate a nursery within a flat or terraced house because of the likely impact on privacy of adjoining neighbours. As there is likely to be up to 16 children and 4 staff accommodated within the property I believe that this intensity of use would adversely affect the residential amenity of the adjoining properties.

The Guidance Note for Nurseries also indicates that access and off-street parking should conform to the document Guidelines for Development Roads. The proposed entrance to the car park is too narrow to allow cars to pass and as such I feel that it will only be used by staff members. This will therefore lead to on-street parking on Kildonan Street which at this point is restricted with double yellow lines and narrowed with a hatched area. Kildonan Street is already heavily congested at peak hours due to the schools and college along the road and the busy junction with Dunbeth Road. It is therefore likely that the proposed development would add to this congestion and adversely affect the road and pedestrian safety. 3.3 Point 2) is not relevant in this situation and Point 6)is not a material consideration ,

3.4 Point 9) was raised in a late letter of objection, however, the stability of the building would be monitored under different legislation.

4. CONCLUSION & RECOMMENDATION

4.1 In conclusion, I feel that although the proposal could be accommodated within the building and adjoining land the application should be refused on the grounds that it would adversely affect the residential amenity of the area and that it would encourage illegal parking on a congested main arterial route. Application No. C/98/01 105AWL Date registered 21st August 1998 APPLICANT HAZEL KENNEDY, 1 WOODSIDE FARM COTTAGES, FORRESTFIELD, AIRDRIE, ML6 7RY

Agent DEVELOPMENT ERECTION OF REAR EXTENSION LOCATION I WOODSIDE FARM COTTAGES FORESTFIELD CALDERCRUIX AIRDRIE LANARKSHIRE ML6 7RY

Ward No. 44 Grid Reference 285225667444

File Reference C/PL/CCF744/DWB/MCW

Site History No previous applications

Development Plan Zoned GB2 Restrict Development in Countryside Around Towns and LI11 High Quality Landscape in the Monklands District Local Plan 1991.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours 1 Letter of objection

Newspaper Not Required Advertisement

COMMENTS This application relates to the erection of an extension to 1 Woodside Farm Cottages, Forrestfield. The property is part of a courtyard development adjacent to a farmhouse and outbuildings. Although the application site is within the area zoned Countryside Around Towns the extension is not contrary to the policy which is designed to restrict new development.

One letter of objection has been submitted by the adjacent neighbour expressing concern over the impact of the extension on the light entering the neighbour's porch and sitting room window. Using the Building Research Establishment calculation method it was determined that the proposed extension would have almost no impact on the light entering the sitting room window. While it would affect the porch to a greater extent the minimum level of daylight is still being maintained. As the porch is a non-habitable room and as the extension is acceptable in design terms I propose that the application be granted subject to conditions.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

-801 105.DOC a

Stone

ER: C/98/01105/FUL may lead to prosecution ES, FORESTFIELD, CALDERCRUIX, List of Background Papers

- Application form and plans - Adopted Monklands District Local Plan 1991 - Letter of Objection from Dr C E Wilson, 3 Woodside Farm Cottages, Forrestfield, Airdrie, dated 24 July 1998

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter

R9801105.DOC CONDITIONS

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

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

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

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

R9801105.DOC Application No. S/98/00 166lFUL Date registered 9 February 1998 APPLICANT BRYANT HOMES SCOTLAND LIMITED, Q COURT, 3A QUALITY STREET, DAVIDSON’S MAINS, EDINBURGH EH4 5BP Agent DEVELOPMENT ERECTION OF 15 1 DWELLINGHOUSES AND RELOCATION OF ALLOTMENTS LOCATION LEVEN STREET/HARVEST DRIVE, MOTHERWELL

Ward No. 11 Grid Reference 275000655780

File Reference S/PL/B/12/8/JL/AB

Site History No history of relevance

Development Plan Zoned as Private Housing Development Opportunity in North Lanarkshire Southern Area Local Plan - Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection West of Scotland Water, The Coal Authority, Health and Safety Executive Conditions NLC Environmental Services, Strathclyde Police, SEPA No Reply NLC Leisure Services

REPRESENTATIONS

Neighbours 16 letters of objection and two petitions of objection with 72 signatures Newspaper Advertisement 5 letters of objection

COMMENTS The applicants’ seek planning consent for the construction of 15 1 dwellinghouses and relocation of allotments at land to the rear of Scottish Power offices, Leven Street, Motherwell. Originally, the applicants’ drawing showed access from Harvest Drive, this was not acceptable to both the existing residents of the area or my Department. After numerous meetings and amended proposals, Bryant Homes have altered their plans to show one access off Leven Street with only 8 dwellings accessing directly off Harvest Drive. The current scheme meets with my approval and most of the previous objectors fears should now be dispelled, however, three letters of objection remain from neighbouring properties. The objectors concerns are outlined in the accompanying report. Notwithstanding the objectors concerns I Planning Application No. S/98/00166/FUL Pm%oed bv Plmrwnp ndDevdopn*nt hprtmnt LANARKSHIRE soumm mldm Erection of 151 Dwellinghouses and Relocation of Allotments 303 BTmdOn Sbm MOTHERWELL Leven Street / Harvest Drive MLl IRS Repdumd han m ah.m Swy~Wnp vlh A mprmuono~m~~mrot,w~~~~ TdephmeOi695102100 Fol 016S83021012 12500 mmnw mm e cmm mu Urn- mFwJuYbnlrmnps UDVn coww os ucm. U 0ffllL + Numerous Objectors Throughout Area adMy hdt0 pdbn Or CWM -dkg hereby recommend that planning consent is granted, subject to the attached conditions.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

2. That before the development hereby permitted starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as inay be required.

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

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

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

4. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected are occupied, the fences, or walls, as approved under the terms of condition 3 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing;

(b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted;

(c) details of the phasing of these works.

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

6. That within one year of the occupation of the last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

7. That before the development hereby permitted starts, a scheme for the provision of 2 play area(s) within the site(s), hatched GREEN on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s);

(b) details of the surface treatment of the play area(s), including the location and type of safety surface to be installed;

(c) details of the fences to be erected around the play area(s), and

(d) details of the phasing of these works.

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

8. That before occupation of the last 5 dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition 7 above, shall be completed.

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

9. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no integral garage shall be altered for use as a habitable room.

Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the site.

10. That prior to the commencement of development on site, a scheme for the future maintenance of all landscaped areas of public open space and the designated play areas shall be submitted and approved by the Planning Authority.

Reason: To safeguard the residential amenity of the area.

11. That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course level.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 12. That within 6 months of the date of completion of the final dwellinghouse hereby permitted, all access roads and footpaths leading thereto, from the existing public road, shall be constructed to wearing course level.

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

13. That before the development hereby permitted is completed or brought into use, a 2 metre wide footway shall be constructed within the area shaded RED on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of public safety.

14. That a visibility splay of 9 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of public safety

15. That before any dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway.

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

16. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

17. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the area. 18. That before development starts, SEPA should be contacted in order for them to assess the impact of surface water drainage from the site on adjacent watercourses.

Reason: To ensure the site is free of contamination.

19. That before the development hereby permitted starts, a programme showing the timescale for the implementation of the allotments shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure the replacement of the allotments.

List of Background Papers

Application form and plans dated 9/2/98 North Lanarkshire Southern Area Local Plan - Finalised Draft Letter dated 23/2/98 from West of Scotland Water Authority Letter dated 23/2/98 from The Coal Authority Letter dated 24/2/98 from Health and Safety Executive Memo dated 26/2/98 from NLC Environmental Services Letter dated 9/3/98 from Strathclyde Police Letter dated 27/4/98 from SEPA Memos dated 1/6/98 and 3 1/8/98 from NLC Leisure Services Letter of objection dated 12/2/98 from Mr and Mrs Waugh, 13 Harvest Drive, Motherwell Letters of objection dated 16/2/98 and 21/8/98 from Mr and Mrs Robert H W Robb, 36 Harvest Drive, Motherwell Letter of objection dated 17/2/98 from Robert Bordon, 73 Harvest Drive, Motherwell Letter of objection dated 17/2/98 from Mr Sherry, 69 Harvest Drive, Motherwell Petition of objection with 20 signatures dated 20/2/98 from J D McLucas, 15 Clyde Valley Avenue, Motherwell Letter of objection dated 17/2/98 from Mrs Alison Wallace, 18 Herald Grove, Motherwell Letter of objection dated 17/2/98 from R Riddell, 46 Harvest Drive, Motherwell Letter of objection dated 19/2/98 from H R Craig, 8 Herald Grove, Motherwell Letter of objection dated 17/2/98 from Colin Harris, 10 Harvest Drive, Motherwell Letter of objection dated 23/2/98 from Mrs Margaret Lamont, 14 Herald Grove, Motherwell Letters of objection dated 23/2/98 and 27/8/98 from Mr and Mrs Brown, 38 Harvest Drive, Motherwell Letter of objection dated 23/2/98 from Mrs Stirling, 12 Herald Grove, Motherwell Letter of objection 23/2/98 from Mr Davie, 44 Harvest Drive, Motherwell Petition of objection with 52 signatures dated 23/2/98 from B McNaught, 34 Harvest Drive, Motherwell Letter of objection dated 23/2/98 from David McColl, 42 Harvest Drive, Motherwell Letter of objection dated 20/2/98 from Duncan Currie, 45 Harvest Drive, Motherwell Letter of objection dated 18/2/98 from Daniel Lowe, 15 Harvest Drive, Motherwell Letter of objection dated 24/2/98 from Stevan Murdoch, 11 Harvest Drive, Motherwell Letter of objection dated 9/3/98 from Miss Isabel M Johnstone, 17 Sleaford Avenue, Motherwell Letter of objection dated 21/8/98 from Mr Wm McLean, 38 Leven Street, Motherwell Letter of objection dated 26/8/98 froin Fiona M Black, 7 Harvest Drive, Motherwell Letter of objection received 21/9/98 from Mr French, 24 North Lodge Avenue and Mr Conquer 36 Leven Street, Motherwell Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lennon. REPORT

APPLICATION NO. S/98/00 166/FUL

1. SITE AND PROPOSAL

1.1 The applicant seeks detailed planning permission for the construction of 15 1 dwellinghouses and relocation of allotment gardens at land to the rear of Scottish Power, Leven Street, Motherwell. Part of the site is presently used as allotment gardens for residents of the nearby housing areas.

1.2 The site is located in a predominantly residential area with residential properties bounding its eastern and southern boundaries, the local railway line to the west and residential/Scottish Power offices to the north. High voltage overhead power lines traverse the site as well as two high voltage underground lines. The allotment gardens will be relocated to these non buildable areas of the site.

2. BACKGROUND AND HISTORY

2.1 The site has been used for a variety of uses in the past, namely, power generation at the western part of the site with the area adjacent to this being used as a licensed landfill site between 1979 and 1985. A full environmental survey will be required in order to assess the ground and decide how best to deal with any site contamination. A condition has been imposed on the developer to provide an environmental audit of the site and deal with the resultant findings to the Council’s satisfaction.

2.2 A high voltage overhead power line traverses the site and underground cables are present on the site that restrict development to a degree. The existing allotments will be relocated to a site directly under the overhead power lines, as this area can not be used for building.

2.3 The site has been allocated for Private Housing Development Opportunity purposes on the North Lanarkshire Southern Area Local Plan - Finalised Draft, and is therefore considered suitable for residential purposes in planning policy terms.

3. CONSULTATIONS AND REPRESENTATIONS

3.1 Formal consultations have been carried out with the following organisations:

a) West of Scotland Water, The Coal Authority and Health and Safety Executive have no objections to the proposal. b) SEPA have requested a copy of the site investigation report detailing any site contamination present and means of treatment. This will be forwarded in due course. c) NLC Environmental Services have indicated that a detailed environmental study is required which should include a site history, contamination present, gas emanations, noise and electric and magnetic fields. As above, the developer will be required to satisfy the Council that the above hazards have been satisfactorily addressed. d) Strathclyde Police were consulted on the original proposal and objected on the basis that the site would be better accessed off Leven Street. The current amended site layout acknowledges this concern. e) NLC Leisure Services - Sport/Play Division, in general, are satisfied with overall play provision within the area. The Parks and Amenity Division requested that most of the woodland area to the south/south west of the site should remain as a ‘buffer’ or screen.

3.2 Twenty one letters of objection have been received along with two petitions containing 72 signatures. All objections, with the exception of three, related to the increased traffic that would be generated if access to the site was taken off Harvest Drive. Through discussion with the applicants amended layout plans currently show the main site access taken from Leven Street, substantially meeting the general concerns of the objectors. However, 8 houses will be accessed off Harvest Drive directly which for reasons of site layout, appearance and design, I consider acceptable.

3.3 While this present site layout is generally acceptable to the objectors, three letters of objection remain, mainly due to the fact that the site is to be accessed off Leven Street with the new road being constructed immediately to the rear of the objectors’ properties and thereby causing noise nuisance, security problems, intrusion of privacy and a general loss of amenity. The objectors request that, if consent is granted, the developer, should erect either a 2 metre high fence or 1.9 metre wall and shall maintain it thereafter.

3.4 It has been established that, from a road traffic point of view, the best means of access to the land in question is from Leven Street. Whilst it is appreciated that the new road to the rear of the objectors dwellinghouses will alter in outlook, I consider that it is sufficiently distant from the objectors rear boundary i.e. approximately 20 metres with intervening landscaping between the road and the fence to alleviate any potential problems. As part of the consent, a condition has been imposed on the developer to provide details of all fencing to be erected within the site, and this, for the avoidance of doubt, will include the area that the objectors have requested that a fence/wall be erected. A landscaping condition has also been imposed which will help create a ‘buffer’ zone between the new road and the rear of the dwellinghouses at the entrance to the site.

4. CONCLUSION

4.1 The former Motherwell District Council had anticipated development at this site for a number of years, albeit that it was allocated for industrial purposes on the Draft Motherwell Local Plan. Residential use of the site is now a preferred option as it will have minimum impact on the surrounding, predominantly, residential areas. This site, through negotiation, meets with the Council’s general criteria for residential development land, in that it is close to a main road, has a readily available infrastructure that can readily accommodate this scale of development and does not involve peripheral greenfield expansion.

4.2 As stated above, the Council’s aims and objectives are to encourage brownfield sites to be developed in preference to greenfield release sites, and this development provides one such opportunity. Suitable conditions can be imposed to ensure that the physical constraints within the site i.e. underground stability conditions and contamination are properly investigated and addressed prior to the commencement of site works.

4.3 I therefore consider this application acceptable, and recommend that planning permission be granted. Application No. SI 9 810 0 50 OIFUL Date registered 22nd April 1998 APPLICANT MR NAVEED ZAFAR, 1 CEDAR GARDENS, NEWARTHILL Agent DEVELOPMENT TWO STOREY EXTENSION TO DWELLINGHOUSE LOCATION 1 CEDAR GARDENS, NEWARTHILL, ML15TP

Ward No. 28 Grid Reference 277040659540

File Reference S/PL/B/5/28(89)lAWJM

Site History None

Development Plan Northern Area Local Plan 1986 - Housing Development Southern Area Local Plan 1998 - Established Housing Area

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 4 letters of objection Newspaper Advertisement Not Required

COMMENTS The applicant seeks full planning permission for the construction of a two storey extension to the rear of his property at 1 Cedar Gardens Newarthill. During the processing of this application several amendments were made to address the initial concerns of the neighbours and myself. Three letters of objection were received following the neighbour notification at the time of the original submission. After an agreement was reached between myself and the applicant on a more acceptable scale of extension, another objection was received from one of the original objectors following re-notification. My comments on the application and objections are contained within my accompanying report, and it is recommended that permission be granted. PLANNING APPLICATION No. S I98 I00500 I FUL pmhred bv Umning ndDwdoprnmt Depybnml scuulm DiVlSlon EXTENSION TO DWELLINGHOUSE 303 BrndOn Slrnl MOTHERWELL ML1 1RS 1 CEDAR GARDENS, NEWARTHILL A Talephylone 01685 302100 Fa OlBO8 3021012 1:1250 0SUCenc.LAOgOIIL * Location of Objector(s) RECOMMENDATION

Grant, subject to the following conditions:-

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

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building except as may otherwise be agreed in writing by the Planning Authority.

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

List of Background Papers

Application form and plans dated 9.4.98 Letters dated 27.4.98.& 24.8.98 from Dr. & Mrs. Pears, 4 Sycamore Place, Newarthill Letter dated 1.5.98 from S & A Steven, 39 Oakdene Cres., Newarthill Letter dated 6.5.98 from J. Myles, 41 Oakdene Cres., Newarthill

Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell. APPLICATION NO. S/98/00500/FUL

REPORT

1.o SITE AND PROPOSAL

1.1 The application site is located within an established residential area in Newarthill. The property is a two storey detached dwellinghouse surrounded by similar dwellinghouses.

1.2 The applicant seeks permission to construct a two storey extension with sun balcony on the upper floor. Currently the property has 4 bedrooms and three public rooms including a sun lounge. The applicant proposes to create a fifth bedroom and two additional public rooms.

2.0 REPRESENTATIONS

2.1 Three letters of objection were originally received in respect of this application and following re-notification a second objection was received from a neighbouring householder. The grounds of objection are:

(i) The size of the extension and location would reduce light shining into gardens and rooms.

Comment: A sunlight/daylight test was undertaken at the time of the original submission and it showed that there was little or no impact on the likely affected properties. The current application will now show more favourable results as the extension roof has been changed to a ‘hipped’ design.

(ii) Neighbours are concerned that their privacy will be significantly reduced.

Comment: Originally, I was concerned for the privacy of householders to the east of the site. The applicant has now removed all windows on the upper floor of the eastern gable and made internal alterations to accommodate this amendment. Secondly, the sun lounge has been removed from the plans, although I did not feel that privacy was an issue surrounding the sun lounge.

(iii) There is a perceived problem with earth ‘bulging’ against a fence at 4 Sycamore Place. There is also a worry that rainwater was washing into their garden.

Comment: Apparently there have been problems in the past with a garden fence. This is not a matter I would take into account and drainage is assessed as part of the Building Warrant application.

(iv) The size of the extension will almost double the size of the property.

Comment: The proposal is fairly extensive, but amendments have been made to reduce the bulk of the applicant’s original proposal. (v) Objections have also been received which make references to sub-division and sub- letting.

Comment: I can find no justification for attaching conditions or refusing this application on the basis of either allegation.

3.0 PLANNING ASSESSMENT AND CONCLUSION

3.1 This application proposes a relatively substantial two storey rear extension. I am quite satisfied that all the requirements expected by the Council have been met to achieve an acceptable end result.

3.2 I recommend that planning permission be granted for this proposal. Application No. S/98/00563/FUL Date registered 20th April 1998 APPLICANT GEORGE FAIRLIE, 65 CHAPEL STREET, CLELAND Agent J Kerr McDougall, Unit 27, Carfin Industrial Estate, Motherwell, ML14UL DEVELOPMENT CONSTRUCTION OF DWELLINGHOUSE LOCATION 21 UNITY PARK, SHOTTS

Ward No. 18 Grid Reference 286930 659815

File Reference S/PL/B/17/61(580)/AR/JM

Site History Construction of Dwellinghouse and Garage - Refused 11 February 1998 Ref: S/97/00762/FUL

Development Plan Southern Area Local Plan (Finalised Draft 1998) - Established Housing Areas Shotts Local Plan 1983 - Residential

Contrary to Development Plan No

CONSULTATIONS

Objection NLC Head of Parks and Amenity No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 2 letters of objection Newspaper Advertisement Not Required

COMMENTS The applicant seeks full planning consent for the construction of a detached 1% storey dwellinghouse with integral garage at 2 1 Unity Park, Shotts. An application for a dwellinghouse which would have created a terrace was refused by the Planning and Development Committee on 11 February 1998. I have received two letters of objection from the owners either side of the site and I will discuss these in my accompanying report. It is recommended that permission be granted.

RECOMMENDATION

Grant, subject to the following conditions:- PLANNING APPLICATION No. S I98 I00563 I FUL Produced by Planning and DevelopmentDepartment CONSTRUCTION OF DWELLINGHOUSE A 21 UNITY PARK, SHOTTS. Telephone 01685 302100 Fa.01698 3021012 1:1250 OS Uccnce LA 08MlL * Location of Objector(s) 1. That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That before the development hereby permitted starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

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

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

4. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the use of the garage hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from, the garage.

Reason: To safeguard the residential amenity of the area.

5. That before the dwellinghouse hereby permitted is occupied, a dropped kerb vehicular access shall be constructed, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of public safety.

6. That a visibility splay of 2.4 metres by 3.3 metres, measured from the heel of the footway, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 0.6 metres in height above the footway level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.6 metres in height above the footway level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of public safety. 7. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the integral garage shall not be altered for use as a habitable room.

Reason: To enable the Planning Authority to retain effective control and to the ensure the provision of adequate parking facilities within the site.

8. That within 3 months of the dwellinghouse hereby permitted being occupied, the area identified for mono blocking on the approved plan shall be completed to the satisfaction of the Planning Authority.

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

List of Background Papers

Application and accompanying plans dated 20 April 1998 Shotts Local Plan 1995 Southern Area Local Plan (Finalised Draft) 1998 Letter received from T J & W A Dykes, dated 27 April 1998 Letter from Mr Topping dated 29 April 1998 Memos from Head of Parks and Amenity dated 14 May 1998 and 2 June 1998 Memo from Director of Leisure Services dated 1 June 1998

Any person wishing to inspect the above background papers should telephone Motherwell 3 02099 and ask for Allison Russell. APPLICATION NO. S/98/00563/FUL

REPORT

1 .o SITE AND PROPOSAL

1.1 The application site is located within an established residential area in Shotts. The site is currently vacant and surrounded by residential properties.

1.2 The applicant seeks planning permission to construct a 1?h storey detached dwellinghouse with integral garage. The design of the dwellinghouse is similar to properties to the south.

2.0 REPRESENTATIONS

2.1 Two letters of objection were received relating to this application. The grounds of objection and my comments are as follows:

(a) The mature trees along the northern boundary with 17 Unity Park will be damaged and ultimately die.

Comment: I have had lengthy discussions with the Council’s Aboricultural Officer who has advised that the trees will die as a result of any development on this site. I have written to both the owner at 17 Unity Park and the applicant to make them aware of this fact and to seek information on any agreements reached to remove and replace the trees should permission be granted. It is evident to me that the objector and the applicant do not enjoy a good relationship and therefore there is very little likelihood of any agreement.

At this stage it is important for the Committee to be aware that a planning application was previously refused on 11 February 1998 for a ‘terraced’ dwellinghouse. The applicant has re-submitted this application and incorporated measures to address the concerns previously raised. Should this application be refused the Council has effectively rendered this site as undevelopable and the Council could be faced with a ‘purchase notice’ under the Town and Country Planning (Scotland) Act 1997 Section 88. In summary this means that the Council may have to acquire the land from the owner at the current market price if the applicant is successful in serving a “purchase notice”.

I have sought legal advice concerning the trees and it appears that whether or not permission is granted the applicant ‘owns’ the trees where they encroach into his land. (i.e. the roots and canopy) With this being the case, the applicant can remove roots and branches on his land and this would kill the ‘ trees.

(b) One objector is concerned that construction work will damage his foundations.

Comment: A building warrant application will have to be made for this type of construction. Building Control will be responsible for ensuring that any development on this site is safe and built in accordance with the Building Regulations. The owner/objector at 23 Unity Park disagrees with the division of boundaries.

Comment: The applicant has indicated on the plan the outline of his boundary and I have no reason to dispute the accuracy. The same objector was advised at the time of the previous application that the Planning Authority has no remit to deal with disputes over land titles and any such dispute should be dealt with by their solicitor.

The owner/objector at 23 Unity Park objects to the positioning on the french doors to the rear of the property. This objection is on the grounds of privacy.

Comment: I am quite satisfied that there is an insufficient threat to anyones privacy to warrant a refusal.

The objector from 17 Unity Park objects to the door located on the northern gable as it looks as though access from the proposed house will be via their ground.

Comment: This is not what is proposed. The elevational plans give the impression that the door is to be on the boundary, however it is clear from the floor plans that the door is recessed.

The dwellinghouse is disproportionately large compared to the remainder of the street.

Comment: As mentioned earlier, the house is similar in terms of design to the properties to the south. The site is fairly narrow, however given the reasoils for objection and refusal for the previous application, the applicant has addressed these and submitted a reasonable proposal.

There will be inconvenience and loss of amenity to neighbours during construction.

Comment: It could be argued that the current state of the site is a greater threat to amenity. It has to be expected that during any construction work there is a degree of inconvenience to be expected and is, however, only temporary.

PLANNING ASSESSMENT AND CONCLUSION

This application proposes an acceptable 1% storey dwellinghouse with integral garage.

During the processing of this application a great deal of consideration has been given to the fate of the trees on the northern boundary. The trees are mature sycamores and are not protected by a Tree Preservation Order. Following advice from the Head of Legal Services the applicant does “own” the trees where they encroach onto his land either by the roots or branches. The applicant is therefore entitled to remove either the roots or branches and this in itself will result in the death of the trees. Having evaluated the site I would had hoped that an agreement would have been reached between the adjacent land owners to have the trees removed and replaced in the event that permission is granted. Neither party replied to my letters. Notwithstanding the concerns raised, it is recommended that permission is granted. Application No. S/98/00620/OUT Date registered 30th April 1998 APPLICANT CARILLON INVESTMENTS LIMITED, 21 BRUTON STREET, LONDON, W1X 7DA Agent William Nimmo and Partners, 7 Fitzroy Place, Glasgow, G3 4RH DEVELOPMENT CONSTRUCTION OF TWO FAST FOOD RESTAURANTS AND PETROL FILLING STATION LOCATION LAND NORTH OF A723 JUNCTION CARFIN STREET, MOTHERWELL

Ward No. 5 Grid Reference 276800658850

File Reference S/PL/B/5/39(3 4)/SP/JM

Site History

Development Plan Northern Area Local Plan - Vacant Site (No Proposal) Southern Area Local Plan - Vacant/Derelict Land

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection West of Scotland Water; Scottish Power; NLC Petroleum Officer; The Coal Authority Conditions NLC Environmental Services No Reply

REPRESENTATIONS

Neighbours 4 letters of objection Newspaper Advertisement No Response

COMMENTS This application is for outline consent for the construction of 2 fast food restaurants and a petrol filling station on a 0.89 hectare (2.2 acres) site at the junction of Carfin Street with the A723 Carfin- Link Road, New Stevenston. The site would be accessed from a new roundabout located on Carfin Street at its junction with Bruce Road.

The site has been vacant for some considerable time and is zoned as a vacant/derelict site in the development plans which cover the area.

The application has attracted 4 letters of objections from neighbouring residents. I am satisfied that these objections can be overcome by PLANNING APPLICATION NO: S/98/00620/OUT hPduced by Ynning md Dwelwmenl DsPrWnt CONSTRUCTION OF TWO FAST FOOD RESTAURANTS SwdWm WIUM 303 Srmdon SbWI AND PETROL FILLING STATION, (IN OUTLINE) HOTHERWELL ULI 1RS LAND TO NORTH OF A723 JUNCTION, CARFIN STREET, NEW STEVENSTON. A wephone oieos 302100 F= 01ew 302101 1:1250 3s limeLA OWlL * LOCATION OF OBJECTORS appropriate conditions. There are no planning objections and, therefore, in principal, the uses proposed are acceptable. This proposal, although in outline, at present, represents considerable private investment in a site which has lain vacant for some time and has the potential to generate significant employment in the local area. It is recommended, therefore, that the planning permission be granted subject to the following conditions.

RECOMMENDATION

Grant, subject to the following conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, parking and servicing areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls and fences; (8) the provision for loading and unloading of all goods vehicles; (h) the phasing of the development; (i) details of existing trees, shrubs and hedgerows to be retained; ('j)details of existing and proposed site levels.

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

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

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

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

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

4. That the details shown on the approved plans shall be taken to be merely indicative of the applicant's intentions and that no consent is hereby granted in respect of any such detail.

Reason: To clarify the extent of the permission granted.

5. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme. Reason: To ensure the mineral stability of the area.

6. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

7. That notwithstanding condition 1 above, a 1.8 metre high close boarded screen fence shall be erected on the boundary marked BLUE on the approved plans.

Reason: To provide a visual and sound barrier to protect the amenity of the adjoining residential area.

8. That, notwithstanding condition 1 above, a scheme of landscaping for the 5 metre strip hatched in GREEN on the approved plans, shall be submitted to and approved in writing by the Planning Authority, prior to the commencement of work on site.

Reason: To provide a visual and sound barrier to protect the amenity of the adjoining residential area.

9. That notwithstanding, condition 1 above, no buildings or structures shall be located within the area hatched in PURPLE on the approved plans.

Reason: To reserve a strip of land which may be required for the future dualling of the A723.

10. That, notwithstanding condition 1 above, parking provision for the fast food restaurants shall be on the basis of 20 spaces per 100 square metres of gross floor area.

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

11. That, notwithstanding condition 1 above, the servicing arrangements for the fast food restaurants and petrol filling station shall be designed in accordance with the specifications of the Roads Authority as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of traffic safety. List of Background Papers

Application form and plans dated 29/4/98 Revised plan dated 5/8/98 Letter and supporting information froin applicant 24/8/98 Northern Area Local Plan 1985 Southern Area Local Plan (Finalised Draft 1998) Letter from West of Scotland Water dated 12/5/98 Letter from Scottish Power dated 15/5/98 Letter from The Coal Authority dated 28/5/98 Memos from Transportation Manager (South) 18/5/98 and 11/9/98 Letter from NLC Petroleum Officer dated 13/5/98 Memo from Head of Protective Services dated 26/5/98 Memo from Head of Protective Services dated 3 1/8/98 Letter from HD & A McCulloch 15 1 Wrangholm Drive, New Stevenston Letter from Mr & Mrs Burlingtoii 149 Wrangholm Drive, New Stevenston Letter from Mr & Mrs Maxwell 141 Wrangholm Drive, New Stevenston Letter from Mr Elliot 155 Wrangholm Drive, New Stevenston

Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Miss Penman. APPLICATION NO. S/98/00620/OUT

REPORT

1.o DESCRIPTION OF SITE AND PROPOSAL

1.1 The application site extends to approximately 0.89 ha (2.2. acres) and is located to the northwest of the roundabout at the junction of Carfin Street and the A723 Carfin-Holytown Link Road. The site has lain vacant and derelict for a considerable number of years.

1.2 Carillon Investments Limited’s outline proposal comprises the construction of 2 fast food restaurants with associated parking and a petrol filling station.

2.0 DEVELOPMENT PLAN

2.1 The proposal is contrary to the Northern Area Local Plan (1 985) and the Southern Area Local Plan (finalised draft 1998) both of which identify the site as vacant land with no proposals.

3 .O REPRESENTATIONS AND CONSULTATIONS

3.1 Four letters of objection have been received from neighbouring residents whose properties in Wrangholm Drive back onto the application site. All of the objectors are concerned about the proximity of the proposed development and the site access to the rear of their properties. Other issues raised by the objectors include a potential increase in traffic and petrol fumes, noise, litter, loitering and the devaluation of their property as a result of the development of the site. One objector has also expressed concern about the possibility of an explosion occurring at the proposed petrol filling station.

3.2 West of Scotland Water, Scottish Power, The Coal Authority and NLC’s Petroleum Officer have been consulted on the proposals and have no objections.

3.3 NLC’s Head of Protective Services has no objections to the proposals provided that a satisfactory noise barrier is provided along the mutual boundary of the application site and the rear of the residential properties in Wrangholm Drive.

4.0 PLANNING ASSESSMENT AND CONCLUSIONS

4.1 The site proposed for the development is located within an area of mixed uses with residential property to the northwest and southeast, Carfin Industrial Estate to the West and open space to the East.

4.2 The Northern Area Local Plan (1985) and the Southern Area Local Plan (finalised draft, 1998) identify the site as vacant/derelict with no specific proposals attached to the land.

4.3 Although this is an outline application the developer has prepared an indicative site layout. While this layout has some weaknesses and may not take full account of parking and servicing requirements for the fast food units, in principle, the proposed use is acceptable in planning terms subject to appropriate conditions. 4.4 The objectors’ concerns are considered to have been addressed satisfactorily by the developer. At present the mutual boundary between the rear gardens of the properties in Wrangholm Drive and the site is screened for much of its length by relatively mature trees. The developer has expressed a willingness to augment this planting by providing a 5 metre wide landscaped strip and a 1.8 metre high close boarded screen fence along the mutual boundary to protect the residents privacy and reduce noise and dust emanating from the application site.

4.5 The developer has also addressed the issue raised by the objectors concerning the proximity of the site access to the rear of their properties. The developer has revised his original proposal by indicating that the site will be accessed off a roundabout to be constructed in Carfin Street at its junction with Bruce Road.

4.6 In concluding, this proposal, although in outline at present, represents a considerable private investment in a site which has lain vacant for some time and has the potential to generate significant employment in the local area. On balance, it is recommended that planning permission be granted subject to conditions. Application No. S/98/00824/FUL Date registered 8 June 1998 APPLICANT SUMMIT HEALTHCARE C/O McALPINE HEALTHCARE LTD., EATON COURT, MAYLANDS AVENUE, HEMEL HEMPSTEAD, HERTS HP27TR Agent Percy Thomas Partnership (Architects) Ltd., 10 Cathedral Road, Cardiff CF19YF DEVELOPMENT SURFACE WATER DRAINAGE SCHEME FOR NEW LAW HOSPITAL LOCATION HOSPITAL SITE, NETHERTON STREET, WISHAW

Ward No. 6 Grid Reference 278240-655 110

File Reference S/PL/B/11/4(60)/DMcF/AB

Site History 1992 - Outline consent granted for new hospital 403/9 1 1996 - Outline consent granted for new hospital 95/00521/OUT 1997 - Detailed consent granted for new hospital 97/00307/REM

Development Plan General Hospital Site, Industry & Railway Land on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Head of Design Services, West of Scotland Water, SEPA Conditions Railtrack No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The proposal is to construct a drainage connection for surface water run off from the new Law Hospital site to the existing Whinney Burn culvert on the Netherton side of the Glasgow/London railway line. The proposal has been the subject of much technical discussion concerning the amount of anticipated water produced under extreme conditions and the ability of the Whinney Burn culvert to cope with the expected run- off. The present proposal has been designed to retain surface water within large underground tanks which would regulate water flows, and thereby produce a scheme which is acceptable to the Council’s Head of Design Services. Whilst this proposal is acceptable, the Committee should be aware that the Head of Design Services has highlighted that

later future developments at Excelsior Park may be restricted due to a limited culvert capacity as a result of this development. The proposal before Committee is acceptable however and I therefore recommend that planning permission be granted.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

2. That prior to the completion of the development hereby permitted, the disturbed ground associated with the development shall be reinstated to a condition which has been previously agreed in writing with the Planning Authority.

Reason: In the interests of amenity.

3. That the development hereby approved shall incorporate an ade uate below ground surface water storage facility equivalent to a minimum of 720 m9 volume. The precise details of which shall be prior agreed in writing with the Planning Authority before development on site commences.

Reason: In the interests of public safety.

List of Background Papers

Application form and plans dated 8th June 1998 Additional information dated 3rd August 1998 Additional information dated 26th August 1998 Finalised Draft Southern Area Local Plan Letter dated 18th June 1998 from Railtrack Memo dated 2nd July 1998 from Head of Design Services Letter dated 17th July 1998 from West of Scotland Water Letter dated 1lth August 1998 form SEPA

Any person wishing to inspect the above background papers should telephone Motherwell 302125 and ask for Mr McFarlane. Application No. SI9 810 0992lFUL Date registered 14th July 1998 APPLICANT BRIAN CONNELL, 3 ALLANTON ROAD, NEWMAINS, ML2 9QF Agent DEVELOPMENT ALTERATION AND EXTENSION TO REAR OF DWELLINGHOUSE AND FORMATION OF REAR DORMER WINDOWS LOCATION 3 ALLANTON ROAD, NEWMAINS

Ward No. 16 Grid Reference 283610657020

File Reference SIPLIB13I2 5 ( 126)IGMcWJM

Site History No significant site history

Development Plan Established Housing Area, Southern Area Local Plan (Finalised Draft)

Contrary to Development Plan No

CONSULTATIONS

Objection Royal Fine Art Commission for Scotland No Objection West of Scotland Water Authority, The Scottish Civic Trust, The Architectural Heritage Society of Scotland Conditions Historic Scotland No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS This application seeks planning permission for the alteration and extension to rear of dwellinghouse and formation of rear dormer windows at 3 Allanton Road, . The property is single storey and is category B listed. One letter of objection has been received in relation to this application from an adjoining neighbour. A listed building application has been received and for the reasons contained in its accompanying report (S/98/01001/LBC) it is recommend that planning permission is granted.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

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

Reason: In order to safeguard the character of the listed building.

3. That notwithstanding the generalities of condition 2 above any replacement slates must be in graded Scottish slate to match the existing slate.

Reason: In order to safeguard the character of the listed building.

4. That the chimney stack shall be rebuilt in stone to match the original.

Reason: In order to safeguard the character of the listed building.

5. That notwithstanding the generalities of condition 2 above all rainwater goods shall be in cast-iron.

Reason: In order to safeguard the character of the listed building.

6. That details of any roof vents shall be submitted to, and approved in writing to the Planning Authority.

Reason: In order to safeguard the character of the listed building.

NOTES TO COMMITTEE

(1) If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

List of Background Papers

Application form and accompanying plans registered 14.7.98 Southern Area Local Plan (Finalised Draft) Letter dated 22.7.98 from West of Scotland Water Authority Letter dated 11.8.98 from The Architectural Heritage Society of Scotland Fax dated 11.8.98 from Royal Fine Art Commission for Scotland Letter dated 19.8.98 from The Scottish Civic Trust Letter dated 25.8.98 from Historic Scotland Letter dated 3.8.98 from Stuart Campbell, 5 Allanton Road, Bonkle

Any person wishing to inspect the above background papers should telephone Motherwell 302 139 and ask for Miss McKillop. Application No. S/9 810 100 1/LBC Date registered 14th July 1998 APPLICANT BRIAN CONNELL, 3 ALLANTON ROAD, NEWMAINS, ML2 9QF Agent DEVELOPMENT ALTERATION AND EXTENSION TO REAR OF DWELLINGHOUSE AND FORMATION OF REAR DORMER WINDOWS LOCATION 3 ALLANTON ROAD, NEWMAINS

Ward No. 16 Grid Reference 283610 657020

File Reference S/PL/B/3/25( 126)/GMcWJM

Site History No significant site history

Development Plan Established Housing Area, Southern Area Local Plan Finalised Draft Contrary to Development Plan No

CONSULTATIONS

Objection Royal Fine Art Commission for Scotland No Objection West of Scotland Water Authority, The Scottish Civic Trust, The Architectural Heritage Society of Scotland Conditions Historic Scotland No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS This application seeks listed building consent for the alteration and extension to rear of dwellinghouse and formation of rear dormer windows at 3 Allanton Road, Bonkle. The property is category B listed and is part of a group of three similarly listed houses. One letter of objection has been received in relation to this application. After consultation a number of comments were received and are detailed in my accompanying report. For the reasons contained in my report it is recommended that listed building warrant is granted.

RECOMMENDATION

Grant, subject to the following conditions:- Produced by Planning Application No.S/98/01001/LBC Planning and Development Department LANARKSHIRE Sournern Diviolon Alteration and Extension to Rear of Dwellinghouse 303 Brandon Street MOTHERWELL and Formation of Rear Dormer Windows ML1 1RS Repmdumd from de Ordnmm Survey mapping Wah the pmislon of de Conlmller of her MaJeWs Tslephons01695302t00 01696302t012 3 Allanton Road, Newmains, Wishaw, Lanarkshire 11250 sbtbmv om- m crown copyright Um~dorioedrepiodustbn lnfrlnges Clown copyrighl OS Licence LA 09041L Location of Objector and may lead to pmsscutian or civil pmmeldings 1. That the development hereby permitted shall be started within five years of the date of this permission.

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

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

Reason: In order to safeguard the character of the listed building.

3. That notwithstanding the generalities of condition 2 above any replacement slates inust be in graded Scottish slate to match the existing slate.

Reason: In order to safeguard the character of the listed building.

4. That the chimney stack shall be rebuilt in stone to match the original.

Reason: In order to safeguard the character of the listed building.

5. That notwithstanding the generalities of condition 2 above all rainwater goods shall be in cast- iron.

Reason: In order to safeguard the character of the listed building.

6. That details of any roof vents shall be submitted to, and approved in writing by the Planning Authority.

Reason: In order to safeguard the character of the listed building.

NOTES TO COMMITTEE

(1) If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

List of Background Papers

Application form and accompanying plans registered 14.7.98 Southern Area Local Plan (Finalised Draft) Letter dated 22.7.98 from West of Scotland Water Authority Letter dated 11 A.98 from The Architectural Heritage Society of Scotland Fax dated 11 A.98 from Royal Fine Art Commission for Scotland Letter dated 19.8.98 from The Scottish Civic Trust Letter dated 25.8.98 from Historic Scotland Letter dated 3.8.98 from Stuart Campbell, 5 Allanton Road, Bonkle Any person wishing to inspect the above background papers should telephone Motherwell 302 139 and ask for Miss McKillop. APPLICATION NO. S/98/0 1001/LBC

REPORT

1.o SITE AND PROPOSAL

1.1 The application site forms the western end of a row of terraced properties. All three properties are single storey and are category B listed.

1.2 This application seeks planning permission for development to the rear of the dwellinghouse. The applicant proposes to convert the existing garage into a lounge and to extend the kitchen area. A new hall would be formed by roofing over the small yard between the kitchen and the new lounge. In addition to these alterations the two existing dormers to the rear of the dwellinghouse would be replaced by three new dormers.

2.0 CONSULTATIONS

2.1 After consultation West of Scotland Water Authority, The Scottish Civic Trust and The Architectural Heritage Society of Scotland had no objection to the proposal.

2.2 Historic Scotland had no objection subject to the following conditions:

(a) any replacement slates must be graded in Scotch slate to match existing;

(b) rainwater goods should be in cast-iron, not plastic;

(c) roof vents should be avoided to the front elevation, unless these can be incorporated in the eaves.

(d) the recently demolished chimney stack should be rebuilt in stone to match the original.

2.3 The Royal Fine Art Commission for Scotland stated that the proposed alterations would spoil the scale of the existing building and that an alternative solution should be explored.

3 .O REPRESENTATIONS

3.1 One letter of objection has been received in relation to this application based on the following grounds:

(a) The proposed extension would increase the length of the external wall directly adjoining no. 5 Allanton Road from 2ft to loft. This would box in the area in which the objector’s back door, kitchen and own patio is situated.

(b) The objector’s kitchen would require artificial light.

(c) The objector’s kitchen window would face directly into the proposed extension.

(d) The proposed extension would not run at a right angle to no 5 Allanton Road, it would run at an angle less than 90 degrees which would further enclose the objector’s back garden. I

(e) The objector’s sun patio would be largely in the shade,

(f) During construction work the objector’s young children could be at risk.

(g) The objector’s right of access via no. 3 Allanton Road may be blocked off,

4.0 OBSERVATIONS AND CONCLUSION

4.1 The proposed extension would extend the length of the external wall adjacent to no 5 Allanton Road from approximately 1 metre to approximately 4 metres. The objector’s house also has an external structural wall 3 metres in length on the opposite boundary. Whilst I can appreciate the objector’s concern that the area in which his back door, kitchen and sun patio is situated would be boxed in, I feel that taken in consideration with the 200mZof remaining garden ground, that this matter is not sufficient to justify the refusal of planning permission.

4.2 The objector’s kitchen window is located in the north west. After the application of the British Research Establishment’s sunlightldaylight tests, overshadowing is not considered to be a valid concern.

4.3 The proposed extension would extend the length of the external wall adjacent to no. 5 Allanton Road and would not run at an angle less than 90 degrees. The objector’s kitchen window would not face directly into the proposed extension.

4.4 With regard to the objector’s concern that the sun patio would be largely in the shade this is similarly not considered to be a valid concern for the reason contained in para 4.2 above.

4.5 The objectors concern that his young children would be put at risk during construction is noted. This however is not a planning consideration.

4.6 With regard to the objector’s final point this is a non planning issue and is a matter which should be taken up with the applicant.

4.7 After consultation with the Amenity Societies, the Royal Fine Art Commission for Scotland considered that an alternative solution should be explored to the proposed alterations. Historic Scotland, The Scottish Civic Trust and The Architectural Heritage Society of Scotland however did not object.

4.8 The proposed alterations would form a more cohesive and uniform unit. They would also improve a largely run-down and untidy area of the property. Whilst the Royal Fine Art Commission for Scotland’s comments are noted it is considered that on balance the proposed alterations would be acceptable. It is therefore recommended that planning permission is granted. Application No. S/98/0 1007IADV Date registered 15th July 1998 APPLICANT CITILITE LIMITED 14/15 LOWER GROSVENOR PLACE, LONDON, SWlW OEX Agent DEVELOPMENT ERECTION OF ILLUMINATED DISPLAY UNIT LOCATION 146 MOTHERWELL ROAD, BELLSHILL, LANARKSHIRE, ML4 2LB

Ward No. 25 Grid Reference 273705 659501

File Reference S/PL/B/7/36( 162)/GL/JM

Site History No significant site history

Development Plan Housing on the Bellshill- Local Plan Established Housing Area on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS This planning application relates to an existing advertising sign erected without the benefit of planning permission. Although neighbour notification was not carried out (none is required for a advert application), a neighbour has objected on the grounds of potential vandalism, the safety of the location of the sign and its effect on the value of their property. Full details of the objection and my considerations are contained in the attached report and it is my recommendation that, retrospective permission be granted.

RECOMMENDATION

Grant PLANNING APPLICATION No. S I 98 I01007 / ADV ERECTION OF ILLUMINATED DISPLAY UNIT 146 MOTHERWELL ROAD, BELLSHILL. * Location of Objector(s) List of Background Papers

Application Form, Plans and supporting statement registered on 15/07/98 Bellshill and Mossend Local Plan, Finalised Draft Southern Area Local Plan Letter from Mr & Mrs Young, 144 Motherwell Road, Bellshill

Any person wishing to inspect the above background papers should telephone Motherwell 302 104 and ask for Mr Laing. APPLICATION NO. S/98/01007/ADV

REPORT

1.o APPLICATION SITE AND PROPOSAL

1.1 The application site is the forecourt area in front of the shop, known as “Bobby’s Stores”, at 146 Motherwell Road, Bellshill. The shop is a single storey retail outlet, currently used as a Licensed Grocers, set in a predominantly residential area, fronting onto a main road.

1.3 The double sided, free standing, illuminated sign which is the subject of this application, stands 2.5 metres high and is 1.3 metres broad at its fullest width. The sign has already been erected and this retrospective application has been made to regularise this situation.

2.0 BACKGROUND

2.1 In June, 1998, it was noted by officers of my Department that an unauthorised sign had been erected at the location described in paragraph 1 above. Investigations led my officers to contact the owner of the general store and an application was subsequently sought from the advertisers, who at that time were known as Primelight. Following an exchange of correspondence a planning application was submitted on 15 July 1998, by Citilite Ltd, who operate from the same offices as Primelight.

3 .O OBJECTION AND COMMENTS

3.1 A letter of complaint was received from the owners of the house at 144 Motherwell Road, Bellshill, shortly after the sign was erected ,objecting to the sign on the following grounds:-

(1) The advert is an eyesore and a potential target for vandalism, (2) People could be injured bumping into the advert and, (3) The advert will affect the value of their house.

3.2 My comments on these objections are as follows.

(1) The potential for vandalism is a public order matter which should be dealt with by the Police. The issue of visual amenity is a material consideration. However, the sign is located behind the heel of the public footway and is of a modem design frequently used on main road locations. The applicants also require that no other sign be located within 3 metres of their unit, which should rule out the presence of sandwich board signs and other free standing signs, normally found on the forecourt areas of such premises. This should, according to the applicant, benefit the general amenity of the area.

(2) Whilst public safety is a material consideration in assessing applications for the display of advertisements, in this case the sign is located off the public highway and does not infringe on any visibility splays. The sign is of such a size as to be clearly visible during daylight hours and is illuminated during hours of darkness, again making it clearly visible to pedestrians. (3) The effect of a development on the value of a house is not a matter which is material to the consideration of a planning application.

4.0 CONCLUSIONS AND RECOMMENDATION

4.1 Having given this matter full consideration I am of the opinion that the primary issues in assessing this proposal are public safety and amenity. In relation to public safety, there are no implications for road safety and, as the sign is designed to be easily seen, it is unlikely that, in normal circumstances, a member of the public would walk into it.

4.2 The consideration of visual amenity is subjective and in this case I am of the opinion that this sign is not out of place in its immediate setting, is of an acceptable design and could lead to a reduced level of signage outside this shop.

4.3 In light of my comments above it is recommended that retrospective planning permission be granted. Application No. S/98/01076/FUL Date registered 28 July 1998 APPLICANT FORGEWOOD HOUSING CO-OP, BRAIDHURST BUSINESS CENTRE, DAVAAR DRIVE, MOTHERWELL ML13TW Agent Beazer Homes Ltd., Beazer House, 1 Napier Park, Wardpark North, Cumbernauld DEVELOPMENT ERECTION OF 21 HOUSES AND 16 FLATS LOCATION LORNE DRIVE, ASHTON STREET, DINMONT CRESCENT, FORGEWOOD, MOTHERWELL

Ward No. 3 Grid Reference 274570-658750

File Reference S/PL/B/13/15(89)/DMcF/AB

Site History

Development Plan Established Housing Area on Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Environmental Services, Scottish Power, The Coal Authority Conditions West of Scotland Water, Transco No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The site forms phase I1 of the applicant’s redevelopment scheme within Forgewood and is bounded by Lorne Drive, Ashton Street and Dinmont Crescent. The site was formally occupied by Local Authority Housing, now demolished and it is proposed to erect 21 houses and 16 flats. The style and design of the houses are similar to the adjacent phase I scheme which is currently under construction. The houses are two storeys in height with front and rear gardens and have appropriate parking provision. The two storey “cottage” style flats provide 1 and 2 bedroom accommodation, whilst the semi detached and terraced housing provide a mix of 2, 3 and 4 bedrooms. The proposed development will continue the regeneration of Forgewood and will provide an attractive range of new houses for the Forgewood Co-op, I therefore recommend that planning permission be granted subject to conditions. Produeid by Planning Application No. S/98/01076/FUL LANARKSHIRE planning and Dsvsiopment Department SOumcr” DlYldon Erection of 21 Houses and 16 Cottage Flats 303 Brsndon Street M0 THE RW EL L Phases 2,3 & 4 Land at MLI IRS Reproduscd fmm lhe Ordnance SUNBYmapping Wlth the pml~lonof lhc Conlrollel Of her MaleSW Lorne Drive, Ashton Street, Dinrnont Crescent & Fife Drive A 0 Crown copyright OMw Telephone 01685 302100 Fax 01898 3021012 1:1250 Stalionew UIuYthoIIsed repmdyslkm Infringes Crown copyright Motherwell and may lead to prosecullonor CN~I pmscedtngs OS Licanee LA 09041L RECOMMENDATION Grant, subject to the following conditions:-

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

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

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

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

3. That notwithstanding the terms of condition 2 above, a scheme of fencing to provide delineation for front gardens and parking areas shall be submitted and approved by the Planning Authority.

Reason: To safeguard the amenity of future residents.

4. That before the development hereby permitted is occupied, or brought into use, all the fences, or walls, for which the permission of the Planning Authority has been obtained under the terms of conditions 2 and 3 above, shall be erected.

Reason: In the interests of amenity.

5. That before the development hereby permitted starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

6. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.

Reason: In the interests of the visual amenity of the area. 7. That within one year of the occupation of the last 4 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

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

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

9. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the following junctions, at Lorne Drive/Asliton Street, Ashton Street/Dinmont Crescent and the Community Centre access/Dinmont Crescent and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety

10. That before the development hereby permitted is started a scheme of art works shall be produced for inclusion within the development hereby permitted and shall be submitted to and approved in writing by the Planning Authority.

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

11. That before the last 4 dwellinghouses hereby permitted are occupied the scheme approved under the terms of condition 10 above shall be implemented.

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

12. That before any dwellinghouse with a driveway hereby permitted is occupied the first 2 metres shall be fully paved across its width in a bound material.

Reason: In the interests of public safety and to prevent deleterious material being carried out onto the highway. List of Background Papers

Planning application form and plans dated 28.7.98 Finalised Draft Southern Area Local Plan Letter dated 18.8.98 from West of Scotland Water Letter dated 25.8.98 from Scottish Power Letter dated 27.8.98 from The Coal Authority Letter dated 3 1A.98 from Transco

Any person wishing to inspect the above background papers should telephone Motherwell 302 125 and ask for David McFarlane. Application No. S/98/01163/FUL Date registered 18th August 1998 APPLICANT MOHAMMED NASIR, 55 CRAWFORD GARDENS, MOTHERWELL Agent Ian Keachie, 72 Orchard Street, Motherwell, ML1 3JL DEVELOPMENT CHANGE OF USE OF EXISTING WORKSHOP TO FORM 2 No. RETAIL UNITS AND REFURBISHMENT OF FLATS OVER LOCATION 27 LEVEN STREET, MOTHERWELL

Ward No. 11 Grid Reference 275233 656088

File Reference

Site History No significant site history.

Development Plan Residential on North Lanarkshire Southern Area Local Plan - Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 3 letters of objection Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning consent for the change of use of existing workshop to form 2 no, retail units and refurbishment of flats over at 27 Leven Street, Motherwell. The applicant proposes to relocate his existing shop premises on Airbles Road/Leven Street, which is due for demolition in due course. 3 letters of objections were received from notified neighbours. Their concerns and my comments thereon can be found in the accompanying report. Subject to the imposition of planning conditions I hereby recommend that planning consent is granted.

RECOMMENDATION

Grant, subject to the following conditions:- Electricity Works and Depot

Produced by Planning Application No. S/98/01163/FUL Plmmmp an4 0w.lOpmmt Deputmmt LANARKSHIRE sournam DNlvDn Change of Use of Existing Workshop to Form 2 No. Retail 303 Srulden Steel MML1 0THE 1RS R W EU Units and Refurbishment of Fiats 1 RepmdwdImm me Orddnana Sww mapwq wnh A m.pmlvionoim~ cocm~~eimr~ajn~~ 1 Tclephonc01695302100 Fax 016883021012 1:1250 SUlbny 0th 0 Croyn mpyr!gM 27 Leven Street, Motherwell UmumM.d repodudbn InMnp.e Cmlm ce~mhl os Licence LA OWlL +Location of Objectors Indm.yI~.4l~p~ucullon~rc~llpm~hg 1 That the development hereby permitted shall be started within five years of the date of this permission.

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building except as may otherwise be agreed in writing by the Planning Authority.

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

3. That the permission hereby granted shall relate to the use of the shops solely for a use included within Class 1 of the Town and Country Planning (Use Classes)(Scotland) Order 1997.

Reason: To define the use of the land.

4. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

5. That before the development hereby permitted is completed or brought into use, 9 off- street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

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

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

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

7. That a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. Reason: In the interests of public safety,,

8. That before the development hereby permitted is completed or brought into use, the new vehicular access shall be constructed with 7.5 metre wide dropped kerb leading to a 5.5 metre wide footway crossing.

Reason: In the interests of public safety.

9. That before the development hereby permitted is completed or brought into use, the existing vehicular access to the application site, marked X on the approved plans, shall be closed off and the ground, within the area formerly occupied by the access, shall, thereafter, be reinstated as a footway.

Reason: In the interests of public safety.

10. That the bus stop to the front of the shop should be relocated clear of the car park access at the developer's, expense after consultation with Strathclyde Passenger Transport Executive.

Reason: In the interests of road safety.

List of Background Papers

Application Form and plans dated 18/8/98 North Lanarkshire Southern Division Local Plan - Finalised Draft Memo dated 2/9/98 from NLC Environmental Services Letter dated 26/8/98 from West of Scotland Water Letter of objection dated 3 1/8/98 from Mr & Mrs E Wright, 4 Freesia Court, Motherwell Letter of objection dated 29/8/98 from Joseph Plunkett, 24 Freesia Court, Motherwell Letter of objection dated 1/9/98 from VAMW, 150 Gavin Street, Motherwell

Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Mr Lennon. APPLICATION NO. S/98/01163/FUL

REPORT

SITE AND LOCATION

The applicant seeks planning consent for the change of the use of existing vacant worltshop to

form 2 no. Retail Units and refurbishment of flats over at 27 Leven Street, Motherwell. ~

As well as the change of use and refurbishment, the applicant will utilise the informal parking area to the front and will be required to provide formal parking arrangements in this area to accommodate 9 parking spaces.

The application site is bounded by residential flats to the North West, terraced dwellings to the South West, Voluntary Association for Mental Welfare (VAMW) to the North East and Scottish Power to the South West (opposite side of Leven Street).

OBJECTIONS AND OBSERVATIONS

3 letters of objection were received from neighbouring properties. These objections are based on a number of issues, namely:- that the parking area associated with the flats will be used in preference to the parking area to the front of the shop; the type of retail outlet which will operate from the site is unknown;noise and litter problems; increased traffic; lack of adequate parking provision for shop workers and two flats.

The applicant is proposing to provide adequate parking for his staff and residents of the flats above in his submitted layout,there is therefore no reason why they should park anywhere else outwith the parking area provided. The retail outlets will only have planning consent for Class 1 retail use. In addition, the applicant will require to comply with relevant licence requirements which govern opening and closing times and provision of litter bins in the vicinity of the shop. The site will generate slightly more traffic into this area as the premises have now been vacant for some time. However, the applicant currently operates from a shop which is in close proximity to the current application site with no parking provision and is located on a busy junction. The proposed new site is at a better location and can at least accommodate some customer parking, albeit that it falls slightly below the normal standards required for such a development.

CONCLUSION

The applicant has been operating from a premises at a busy junction, namely Airbles Road/Leven Street for a number of years. The present building is to be demolished in the near future, there will therefore be no shops of this nature in this vicinity. A stand alone building with parking provision outwith the public highway would seem a swift suitable location for a shop. Given that the building is at present empty and is in a dilapidated state, the refurbishment of the building will enhance its appearance and bring a redundant building back into productive use whilst eradicating a current parking problem at the aforementioned junction. I therefore recommend that planning consent is granted subject to conditions. Application No: N/98/00653/MIN

Date Registered: 30 March 1998

APPLICANT: ALEXANDER RUSSELL PARK UDDINGSTON GLASGOW G715PH

Agent:

DEVELOPMENT: DETERMINATION OF APPLICATION TO DEVELOP LAND WITHOUT COMPLIANCE WITH CONDITIONS PREVIOUSLY ATTACHED TO PERMISSION MIN/83/718, IN PARTICULAR THE NON-COMPLIANCE WITH CONDITIONS 2 AND 11.

LOCATION: BEDLAY COLLIERY, , NEAR

Ward No: 33,68 Grid Reference: 271956 670509

File Reference: MT

Site History: The former Bedlay Colliery, which straddles the boundary between the former Strathkelvin and Monklands Districts, ceased to be an active

trathkelvin District Council ranted for the extraction of coal and blaes and site

efused for an extension to blaes recovery and tion of a landfill site with restoration.

peal for the extraction of coal and blaes site restoration. -Permission refused for the deletion of a condition requiring the ins Bum to be re-opened. 1994- Permission refused for an extension to blaes recovery and creation of a landfill site with restoration.

Development Plan: Strathclyde Structure Plan 1995 Policies GB 1, GB1A-Development within the Greenbelt. Strathkelvin District (Southern Area) Local Plan 1983 Policies EPRO 2 - Greenbelt, EIMPI, 2 - restoration schemes for woodland/agriculture. Monklands District Local Plan 1991 Policies GB1- Restrict Development in Green belt, MIN 6-Mineral Extraction, LI 1/4- Landscape Improvement-Low Quality. Strathkelvin District Local Plan(Fina1ised Draft) 1995 Policy E1 1 - Rehabilitation of Derelict Land. Northern Corridor Local Plan (Consultative Draft) 1998 Policy ENV27 - General Presumption against Working of Materials unless involving the removal of waste. Considerations include rates of extraction and reinstatement.

Contrary to Development Plan: No 1 CONSULTATIONS:

Objection: No Objection: Coal Authority, West of Scotland Water Conditions: Scottish Natural Heritage, Kelvin Valley Countryside Project, Central Scotland Countryside Trust. No Reply: SEPA

REPRESENTATIONS: Neighbours: One letter of representation. Newspaper Advert:

COMMENTS: The application under consideration has been submitted in terms of section 42 of the Town and Country Planning (Scotland) Act 1997 and proposes the non compliance with conditions attached to a previous grant of planning permission issued by Strathkelvin District Council in 1984. In particular the applicant is seeking to vary two conditions. The first is to extend the timescale for the recovery of blaes from the site, and the second to allow the importation of soils to effect restoration. The applicant has sought to continue working from 30 June 1999 until 30 June 2014, however, a reduced importation of soils has been discussed which would reduce the period of working.

A supporting statement accompanying the submission sets out the reasons for seeking a variation of the conditions attached to the previous grant of permission. Firstly, the applicant has asserted that National Planning Policy Guidance lends support to re-use and reworking of mineral waste deposits an aim which assists in meeting the objectives of sustainable development. Secondly, the applicant has intimated that compliance with the condition attached to the existing permission regarding restoration had failed and that as a consequence the importation of soils is essential to effect the satisfactory restoration of the site.

The particular amendments sought by the applicant are considered to be unacceptable for two reasons.

Firstly, the power conferred by section 42 of the Town and Country Planning (Scotland) Act 1997 is not unlimited and the any amendments approved must be reasonable in terms of the existing permission which it is proposed to amend. The amendments sought by the applicants, particularly as originally sought, would have substantially amended the character of the existing permission by doubling its time period. To approve an extension of such a period would arguably be ultra vires,

Secondly, the proposals as submitted, which would involve continued extraction and the postponement of the restoration of the complete site would be contrary to the terms of the development plan.

However, in terms of section 42, the amendments sought represent no more than a material consideration in terms of the application process and it is open to the Planning Authority to consider all conditions to which the previous grant of planning permission was issued and thereafter to decide if different conditions should now be attached. On this basis it is open to the planning authority to determine the 2 application and to grant permission subject to conditions it thinks appropriate.

The proposal has been considered in detail as outlined within the accompanying report and it is recommended that the application is approved subject to the conditions which address the concerns above.

RECOMMENDATION: Grant subject to the following conditions:-

1. That all operations and works hereby authorised shall cease, any buildings and machinery removed, and all works for the reinstatement of the site shall be carried out by 30 December 2006.

Reason: In the interests of the environment of the greenbelt and to secure the satisfactory restoration of the site.

2. That the operator shall, at all times, conform to the provisions of the application, supporting statement and plans submitted, except as otherwise provided by this consent, and shall omit no part of the operations provided for therein, except with the prior written consent of the planning authority.

Reason: That the Planning Authority shall retain effective control.

3. That this permission shall lapse unless the development permission is commenced within 3 months of this consent, and the operator shall give the planning authority no less than 14 days notice of the date on which the operations hereby granted shall commence on site;

Reason: In order to ensure an early start to site development and that the Planning Authority might make appropriate arrangements to monitor the operations.

4. That if by reason of any circumstances not foreseen by the applicant, it becomes necessary or expedient during the continuance of the operations hereby permitted to amend or abandon any of the provisions thereof, the applicant or operator shall forthwith submit to the Planning Authority an amended application, plans and statement of intentions, but shall adhere to and comply with this consent until such time as an amended application etc. has been approved by the said Authority.

Reason: That the Planning Authority shall retain effective control.

5. That within a period of two months from the termination of the operations, hereby approved, or at such other times as the Planning Authority may determine, any plant, machinery, building and foundations are no longer required for the purposed for which they were installed, such plant, machinery etc. shall be removed from the site and the areas occupied by them shall be rehabilitated to the satisfaction of the said Authority.

Reason: In the interests of the visual amenity of the site. 3 6. That with regard to any buildings and plant that may be required in addition to those indicated on the plans, a further application shall be submitted to the Planning Authority together with the requisite detailed plans and no such buildings and plant shall be erected or used until the permission of the said Authority has been granted.

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

7. That for the avoidance of doubt this permission precludes the extraction from and the removal off-site of any blaes from within the area hatched in red dots and identified as Phase 1, as shown on Drawing No. 2/237A. For the avoidance of doubt the works permitted within this are shall be restricted to the regrading, restoration and aftercare.

Reason: The land does not benefit from a valid permission for extraction, the previous permission having lapsed in 1990.

8. That prior to the commencement of any importation of soils or extraction of blaes to and from the site, details shall be submitted to, and written approval obtained from the Planning Authority, for the proposed operational access and parking arrangements for the site including: i) Details of the location of parking spaces for staff and other operational vehicles within the site; ii) For security purposes, the site entrance shall be fitted with a lockable gate set back no less than 10 metres from the public road, which shall be kept closed and locked outwith the agreed times of the extraction/restoration operations; iii) Boundary treatments for the site, to satisfy amenity and security considerations; iv) Wheel-cleansing facilitates, operated either on a dry or a closed- cycle basis with no discharge to adjoining watercourses, shall be set back no less than 30m from the public road, and the intervening stretch of roadway surfaced. All vehicles accessing the site for the delivery of material for restoration or the purposes of removing blaes shall be obliged to use the wheel cleansing facilities before leaving the site, such that no mud shall be carried onto the public road from the application site;

All of these approved arrangements shall be put in place before any restoration work or blaes extraction begins on site and thereafter maintained throughout the operational life of the site.

Reason: In the interests of public safety and the visual amenity of the site and to prevent the pollution of local watercourses.

9. That with the exception of essential maintenance or emergency repairs working or movement of material or machinery on, into or out of the site shall only be carried out between the hours of 7am to 6pm Mondays to Fridays only. 4 Reason: In the interests of residential amenity of those living adjacent to the site and haul routes.

10. The average number of heavy goods vehicle movements per day of operations (based upon 11 cubic metre loads), shall not exceed 50 for the site as a whole(comprising 25 arrivals per day, together with 25 departures), This average shall not be exceeded in a single month of operation of the site, and records(of the number of arrivals and departures and loads carried) shall be maintained by the operator, and made available for the inspection by the planning authority at any reasonable time.

Reason: In the interests of public safety and residential amenity.

11. That the operator shall at all times take adequate steps to prevent dust, grit or smoke emission into the atmosphere, solid or liquid pollution of local watercourses, and noise nuisance.

Reason: In the interests of public safety and residential amenity.

12. The proposed operations shall at all times comply with the requirements of the Scottish Environmental Protection Agency.

Reason: To prevent the pollution of local watercourses and in the interests of residential amenity.

13. That no burning shall take place on site at any time.

Reason: In the interests of amenity.

14. That all vehicles leaving the site arriving at the site carrying soils or leaving with blaes, shall be fully covered by haps or sheets, to the satisfaction of the Planning Authority.

Reason: In the interests of amenity and to reduce dust emissions.

15. That any subsoil or topsoil within the site boundaries shall be stripped and stacked separately and shall be re-spread over the work area at the end of excavation and regrading in addition to the soils to be imported into the site as part of this permission.

Reason: To facilitate restoration to agricultural use.

16. That at the end of the period of working, all permanent or temporary buildings, plant or machinery shall be removed from the site.

Reason: to secure the satisfactory restoration of the site.

17. That by 30 December 2006, the culverted section of the Mollins Bum shall be excavated to its original level and in the alignment and with the side slopes as shown on Drawing No. 3/237A and shall be treated in accordance with the proposals to be approved under Condition 18 below.

Reason: To secure the satisfactory restoration of the site. 5 18. That notwithstanding the approved plans, details relating to a phased restoration plan for the site shall be submitted to and approved by the Planning Authority, prior to the commencement of works on site and these details shall incorporate:- a) A landscaping scheme for the whole site, including full details of the woodland planting areas referred to in b) below including the numbers, density, variety and sizes of trees and shrubs to be planted and details of grass seeding. For the avoidance of doubt the woodland planting shall incorporate only native species;

b) Detailed plans showing the restoration of the site in accordance with a scheme of mixed agricultural/ woodland after-use generally in accordance with all aspects of the indicative scheme prepared by the Central Scotland Countryside Trust within their letter and enclosures of 9 June and 13 July 1998, including the recommended depths of soils. For the avoidance of doubt the after-use of the agricultural land within Phases 1 and 2 as shown on Drawing Nos. 3/237A should be for grazing, whilst the plateau area within Phase 3 as shown on Drawing No. 3/237A should be for arable use;

c) The restoration of the remaining land within the site for agricultural grazing/arable land;

d) Detailed plans showing the division of the non-woodland areas land for agricultural grazing/arable use including field enclosures;

e) Specification of field fences/woodland area fences together with accesdgate arrangements for the proposed fields/woodland areas;

f) Full details of the proposed reed bed feature referred to within the application and as indicated within Drawing No. 3/237A;

g) Details of protection measures for tree species.

Reason: In the interests of amenity and to secure the satisfactory restoration of the site.

19. That the site shall be progressively restored in accordance with the details contained within the phasing and early works plans (Drawing No. 2/237A and Drawing No. 4/237A), the application, supporting statement and details required under condition 18 above, except insofar as required below:- i) That the north western face of the site as identified within Drawing No. 4/237A shall be graded, restored and planted with trees, in accordance with the planting scheme finally approved under Condition 18 within 18 months of the commencement of development as notified to the Planning Authority under Condition 3 above.

ii) That the area identified as Phase 1 within Drawing 2/237A, with the exception of those works associated with the re-opening of the Mollins Bum and provision of the reed bed, shall be graded within 18 months of the date of the commencement of development as notified to the Planning Authority under Condition 3 above and shall thereafter be restored in accordance with the scheme finally approved under Condition 18 within 3 years of the commencement of development;

6 iii) That the area identified as Phase 2 as shown on Drawing No. 21237A shall be graded, restored and planted with treeslseeded in accordance with the planting scheme finally approved under Condition 18, within 6 years of the of the commencement of development as notified to the Planning Authority under Condition 1 above.

iv) That the area identified as Phase 3 as shown on Drawing No. 21237A shall be regraded, restored and planted with treeslseeded in accordance with the planting scheme finally approved under Condition 18 by 30 December 2006.

v) That the reed bed planting scheme to be approved under Condition 18 above shall be implemented following the re-opening of the culverted section of the Mollins Burn and in any event by 30 December 2006;

Reason: To secure the progressive and satisfactory restoration of the site.

20. The restoration shall be carried out in accordance with the approved plans and the further details to be approved under Conditions 18 and 19 above.

Reason: To secure the progressive and satisfactory restoration of the site.

21. That following implementation of the restoration works required in Conditions 18-20, should any trees or shrubs die, or areas sown with grass seed or any parts of the reed bed feature fail to become established, these shall be replaced with others of a similar size and species.

Reason: In the interests of visual amenity and to secure the satisfactory restoration of the site.

22. On completion of the regrading and introduction of soils any existing chain link fencing shall be removed and replaced with field fences to accord with the provisions of Condition 18 above.

Reason: In the interests of visual amenity and to secure the satisfactory restoration of the site.

23. The applicant shall submit a five year aftercare schemes for each phase of the site referred to within Condition 19 above and such schemes shall specify the steps that are necessary to bring the land to the required standard for use for agriculture, woodland and as a reed bed, including (as necessary) any regrading, installation of permanent drainage, top dressing and fertilising as may be required and such schemes shall: a)In relation to the early works area, be submitted for the written approval of the Planning Authority within two months of the period referred to within Condition 19(i), b)In relation to those parts of Phase 1 referred to within Condition 19(ii), be submitted for the written approval of the Planning Authority within two months of the period referred to within Condition 19(ii),

7 c) In relation to Phase 2, be submitted for the written approval of the Planning Authority within two months of the period referred to within Condition 19(iii),

d) In relation to Phase 3, and the land within Phase 1 associated with the re-opening of the Mollins Bum and provision of the reed bed, be submitted for the written approval of the Planning Authority within 2 months of the period referred to in Condition 19(iv) and (v)

e) Specify the steps to be taken and the time periods within which they are to be taken.

Reason: To secure the proper long term restoration of the site.

24. That the after care of the site shall be carried out in accordance with the scheme approved under Condition 23 above.

Reason: To secure the proper long term restoration of the site.

Background Papers: Application Form, Plans and supporting statement Strathclyde Structure Plan 1995 Strathkelvin District(Southem Area) Local Plan 1983. Monklands Local Plan 1991 Strathkelvin District Local Plan(Fina1ised Draft) 1995 North Lanarkshire Council Northern Corridor Local Plan Consultative Draft 1998. Letter of representation dated 14 February 1998. Any person wishing to inspect these documents should contact Moray Thomson at 01236 616463.

8 APPLICATION NO. N/98/00214/FUL

1.0 PROPOSAL AND SITE

1.1 In order to fully appreciate the implications of t..e proposals under consideration it is appropriate to set out the planning history of the site.

The application site is the former Bedlay Colliery, which straddles the boundary between the former Strathkelvin and Monklands Districts and which ceased to be an active deep mine in 1982. In the intervening period, following the issuing of permissions MIN/83/718 and P/PPA/SS115, the site has been the subject of coal and blaes recovery operations. The former permission, issued by Strathkelvin District which covers approximately four fifths of the site and which expires in 1999, was to allow recovery of these materials and eventual restoration of the site to agricultural use. The permission also required the re-opening of the Mollins Bum, which had been culverted at some time during the operation of the deep mine at the site. Although the majority of the site lies within the former Strathkelvin District, approximately 10 hectares are situated within the former Monklands District and was subject to a different planning permission. The conditions attached to the permission, which expired in 1990 were not fully complied with. In particular, the land has not been graded in accordance with the now expired permission nor has the culverted section of the Mollins Bum been re-opened.

Coal recovery has now ceased within the site, although blaes is still extracted on an infrequent basis from within the western portion of the site.

In 1990 an appeal against a refusal by Monklands District Council that a culverted section of the Mollins Bum be left in place was dismissed, but the decision was quashed following an appeal to the Court of Session. The effect of this was to leave the condition in place requiring the Mollins Burn be re-opened. The current application contains proposals to carry out these works.

In 1994 planning permission was refused by both Strathkelvin and Monklands District Councils for an extension to the blaes recovery operations and the formation of a Iandfill site and final restoration with a total period of operations of up to 18 years.

1.2 The application seeks to vary two of the conditions attached to the planning permission issued by Strathkelvin District and the applicant has confirmed that although no valid permission exists within the eastern part of the site, that the firm would be willing to accept the imposition of conditions which, nonetheless required the carrying out of restoration works within this area.

1.3 The applicant is seeking to amend the terms of Condition 2 relating to period of the working and Condition 11 which refers to the restoration scheme.

1.4 The proposal has been amended since its original submission in an attempt to address concerns raised regarding the length of the proposed operations, the delay in restoration and the implications of significant and prolonged period of vehicle movements. The applicant originally proposed that the permission be extended by 15 years until 2014. The applicant has suggested that this period could be reduced to a period of 10 years.

1.5 The application site lies within the designated greenbelt as defined within both the adopted local plans which cover the site. The former colliery site is further covered by policies relating to the reclamation of derelict land and landscape improvement. The development plan context is considered in more detail below.

9 2.0 CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:-

Transportation Manager: Refusal is recommended. Whilst a short term period of working may have been acceptable, the impact of 44 vehicle movements per weekday over a 15 year period is likely to be damaging from both road structure and environmental aspects within Mollinsburn, particularly on the rural section of Mollinsburn Road. Cumbernauld Road. Mollinsburn is subject to on-street parking and as such the increase in the level of HGV movements proposed would adversely affect road safety. Central Scotland Countryside Trust: An amended restoration scheme has been proposed. Detailed advice from the Trust suggests that a significantly reduced scale of importation of soils would still allow a satisfactory restoration of the site to a mixed agricultural/woodland after-use. Kelvin Valley Countryside Project: No objections subject to conditions. Scottish Natural Heritage: No objections subject to conditions. Director of Leisure Services: No objections subject to conditions, however it is stated that the proposed soil depth is not essential for the works proposed and that the submission is lacking in detail in many respects. Head of Protective Services: No objections to the proposals West of Scotland Water: There are no public sewers in the vicinity of the site, however a water supply can be made available. SEPA: No response. Coal Authority: There are 10 mine entries within 20 metres of the property.

2.2 The Chryston Community Council strongly objects to any increase in traffic from the site which would in turn increase hazards already experienced on Mollinsburn Road and which would add to the discomfort already suffered by the villagers of Mollinsburn. The Community Council refer to numerous complaints having been received concerning traffic using both Mollinsburn Road and Cumbernauld Road, Mollinsbum. The objections include any attempts to increase the number of years of the operations and any attempt at weekend working.

2.3 The matters raised by the Community Council reflect concerns which appear to have developed as a result of aspects the operation of the former colliery by the applicants since 1984. In particular concerns refer to road safety and to the consequences of the operations upon the quality of life, particularly within Mollinsburn itself. It is submitted that the concerns raised are quite understandable given the location of the site relative to Mollinsburn and to the likelihood that the majority of heavy goods vehicles will travel through the village, to access and egress the A80. This concern appears to be borne of experience of the operations to date. Moreover the applicants have confirmed that the majority of traffic movements will be via the A80.

2.4 Although the concerns raised are valid, the position of the Community Council would necessarily preclude the restoration of the site. This in turn would have the effect of preventing the permanent improvement in the quality of the landscape through the restoration of the of the site itself, the development plan objective. A further benefit would be to create a degree of certainty regarding the long term future use of the site, thereby making speculative proposals such as for landfilling unlikely. It is therefore submitted that, notwithstanding concerns regarding both road safety and the quality of life within the village, a balance requires to be struck such as would allow a the satisfactory restoration of the site, but which involved the minimum disturbance to local residents and an acceptable period and scale of vehicle movements.

10 3.0 DEVELOPMENT PLAN.

3.1 The Strathclyde Structure Plan 1995 provides the strategic planning context within which the application must be considered. Through Policy GB1 the plan seeks to prevent the spread of built up areas and the encroachment of development within the greenbelt. Proposals for development shall require to be justified against all of the criteria set out within Policy GBlA.

3.2 In relation to Policy GBlA, the most relevant criterion (d) requires that the environmental impact of the proposal must be acceptable. Criterion (c) is also of relevance and requires that any proposal must have no adverse infrastructure implications. In terms of the current proposal it is clear that these criterion are interrelated. If the proposals were to be approved either in the terms originally sought or on a reduced timescale of 10 years not only would a severe environmental impact result, particularly from the prolonged and intensive HGV movements but that damage to the fabric of the haul routes would also be likely. A period of operations of 15 years would also delay to an unacceptable extent the restoration of the site itself and in turn any positive contribution that it might make to the environment of the greenbelt. Although the eventual restoration of the site would bring long term benefits to the environment of the greenbelt in line with Policy GB1, the proposals on the scale sought by the applicants cannot be justified in terms of Policy GBlA.

3.3 The proposal does not conflict with the Minerals policies within the plan.

3.4 Detailed planning guidance is contained within the adopted local plans which cover the site. Within both the former Strathkelvin and Monklands Districts the site falls within the designated greenbelt. In addition both seek the improvement of the landscape and the reclamation of derelict land for purposes appropriate to the greenbelt.

3.5 The Strathkelvin District Local Plan(Fina1ised Draft) reflects the policies within the Southern Area Local Plan.

3.6 The emerging local plan for that part of the site falling within the former Strathkelvin District area, the Northern Corridor Local Plan, states that the Council will attempt to safeguard rural amenity and the urban fringe landscape through general opposition to the winning and working of surface materials. Only where the removal of waste is involved will permission be considered. This exception is qualified by reference to local planning considerations, rates of extraction and reinstatement as appropriate.

4.0 DISCUSSION AND CONCLUSION

4.1 The two planning permissions issued to the applicants sought to achieve the restoration of the entire site to a suitable after-use by 1999, following the completion of extraction of coal and blaes. This timescale was not achieved in terms of the eastern portion of the site prior to the expiry of the relevant permission in 1990 and will not be achieved within the majority of the site by 1999. There has been little attempt to regrade the western part of the site which still has a largely artificial and despoiled appearance, although there is evidence of natural regeneration within the north eastern and eastern portions of the site. In the intervening period since the consents were granted, there have been a number of changes in the vicinity of the site. A travelling persons site has become established within the village of Annathill, while a modem private housing development has also recently been completed within the same village. As the applicant has confirmed that most traffic going to and from the site will be via Annathill, the environmental and public safety implications of the applicants proposals are considered below.

4.2 Whilst undoubtedly the principle of an enhanced restoration of the site is to be welcomed, the proposals which the applicant wishes to have considered are unacceptable for two reasons. Firstly, the mechanism by which the applicants have chosen to have their application submitted is by its nature a constraint in the determination process. In short, the applicants wish to have the permission issued in 1984 by Strathkelvin District, re-determined, and as part of this process have suggested the 11 amendments which they feel will allow their objectives of extraction and enhanced restoration to be met. The permission which it is sought to amend was, however, issued with a finite timescale of 15 years, namely to 1999. The applicant seeks to have this increased by a further period of 15 years, until 2014. The power conferred by section 42 is not, however, unlimited and therefore any amendments which the planning authority are to approve require to be reasonable in terms of the permission which it is proposed to amend. In this case, the amendments to extend the period of working by 15 years would have substantially alter the character of the permission by doubling its time period. To approve an extension of such a period would arguably be ultra vires.

4.3 Secondly, section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the decision on any application be made in accordance with the development plan unless material considerations dictate otherwise. In this case the period sought would result in the postponement of the restoration of the entire site to an unacceptable extent and lead to significant adverse consequences in terms of residential amenity and public safety. As restoration represents the overriding objective for the site as set out within the development plan, such a delay would therefore be contrary to the terms of the development plan. It is considered that the satisfactory restoration of the site could be obtained within a shorter period, and with acceptable environmenta and public safety consequences which would be in accordance with the terms of the development plan.

4.4 The statement accompanying the application sets out both the reasons for the amendments sought and comments in support of the proposals. Firstly, it is stated that the extension to the time period will allow the recovery of the substantial quantity of blaes which still exists within the site. The applicants take support from the terms of N.P.P.G. 4 which sets out Government planning policy on mineral workings. In particular reference is made to the benefits of the re-use of secondary minerals and the advantages in terms of sustainability. The applicants also state that the submission takes account of the objectives of the Strathclyde Structure Plan 1995 and that as a consequence the extension to the time period will be in accordance with both national and strategic planning guidance.

4.5 It is submitted that in arriving at this view the applicants have not properly considered the context of the guidance and policies within either of the documents referred to. The reworking of mineral waste deposits represents a general policy aim but one which requires to be considered in the context of the detailed policy guidance applicable, the circumstances at the specific site and of course, the proposal under consideration. The applicants have not carried out such a balancing exercise and accordingly the support claimed is misplaced.

4.6 With respect to the second condition, to allow the importation of soils, the applicants point out that compliance with the condition as originally set out would not allow the satisfactory restoration of the site, due to the shortage of soil available. This matter is not in dispute.

4.7 However, although there is general support for the restoration element of the application from some of the consultees, the comment has been made that the depth of soil proposed by the applicant, 1.5metres throughout, is not essential. In support of this view the Council’s Head of Parks and Amenity points out the extent of existing regeneration of trees at the site. The Central Scotland Countryside Trust has confirmed that the restoration of the site can in its view be achieved without reliance upon the scale of importation of soils proposed by the applicants, although with a compromise in terms of the quality of the finish which can be achieved. The Trust use the comparison of the accepted industry standard to provide land which is most able to support the desired after-use and the site being restored to the minimum standard to enable the preferred after-use to be implemented. The Trust has confirmed that a depth of 1.0 metre of soil is adequate for arable land and woodland areas, with 0.6 metres for grazing land. It is clear that taking all factors into account, that a reduced volume of imported material will achieve an acceptable and imaginative after-use which includes areas of woodland and a mixture of arable and grazing land appropriate to the topography and the finished landform as proposed by the applicants.

12 , 4.8 Local plan policy, both adopted and emerging, provides support for the satisfactory restoration of the site leading to an enhanced landscape quality and a compatible green belt after use. Such an objective is consistent with Government policy on green belts set out in Scottish Development Department Circular 24/1985. In addition it should be noted that Government guidance, particularly as set out within Circular 18/1987 more accurately reflects current attitudes toward the lack of need to maximise food production and to be alive to the need to diversification of farm units.

4.9 Although the applicants are resistant to attempts to reduce the volume of material to be imported and have submitted reports which set out the benefits of increased depths, such comments are, unfortunately made without recognition of, or reference to, current attitudes to agricultural production within the . Furthermore, the reports are also in abstract, without consideration of the implications of increased soil importation. It is appropriate to consider the importation of soils in the context of the development plan and all material considerations.

4.10 The Mollinsburn village summary within the adopted Strathkelvin District (Southern Area) local plan recognises concerns about environmental conditions within the village where residential and commercial uses are found in close proximity to one another and the potential for conflict exists. Accordingly the local plan states that any proposals submitted to the Council will be required to meet strict conditions relating to visual impact, noise, access and all other aspects which could further reduce the amenity of those residents within the village.

4.11 Mollinsburn is, for the majority of its length, developed along the length of a single road, Cumbernauld Road. As such the likelihood is that almost all traffic movements will proceed through the village main street whose geometry is consistent with that of a traditional street and is thus not designed for the volume of traffic which the applicant proposes to introduce. As such, the proposal would have an adverse impact upon road safety. In addition the number of commercial activities within Mollinsburn is such that on street parking is a very real problem. In light of this the Northern Corridor Local Plan(Consu1tative Draft) identifies a site for a public car park. In view of the location of the site relative to Mollinsburn and in particular to the likelihood that the majority of vehicle movements will proceed to the north onto the A80 via Mollinsburn.

4.12 In view of the circumstances recognised by the local plan, the particular concerns raised by the Community Council cannot lightly be set aside. In addition, the Transportation Manager’s observations upon a prolonged and intensive period of vehicle movements reinforce these concerns. It should, however, be noted that the applicants have confirmed that vehicles leaving the site with blaes would return with the soils. The applicants state therefore that the importation of soils shall not significantly affect the number of vehicles entering or leaving the site.

4.13 The proposals as put forward by the applicants are contrary to the terms of the development plan and furthermore would unacceptably delay the achievement of the restoration of the site as envisaged by the permissions issued by both Strathkelvin and Monklands District Councils. The proposals would postpone the overall restoration of the site for some 15 years, thereby delaying its contribution to the landscape and environment of the greenbelt. Clearly a more limited importation of soil would allow the site to be beneficially restored in the shorter term and would be more in keeping with the development plan..

4.14 In order to achieve the restoration of the site within an acceptable timescale and taking account of all other material considerations, it is considered that a restoration scheme on a reduced scale, based principally upon the mixed agriculture/ woodland scheme suggested by the Central Scotland Countryside Trust would be appropriate. This would ensure a more timeous but still satisfactory rehabilitation of the site and thus an earlier positive contribution to the environment of the greenbelt. In view of the local plan’s recognition of the vulnerability of the village of Mollinsburn in terms of environmental amenity, a further benefit of a reduced importation scheme would be the minimisation of prolonged and intensive heavy goods vehicle movements. A further benefit of a reduced period of working would be to reduce the risks to public safety. Nonetheless, in light of the applicants statement that lorries would arrive at and leave the site laden, it is considered that a limitation upon vehicle movements can be attached which will allow the rate of extraction sought but which will also 13 allow the site to be restored using imported soils. In addition it will encourage operational efficiency, while minimising the impact of vehicle movements upon the residents within adjacent to the haul road. The conditions proposed above would introduce a limitation on the number of heavy goods vehicle movements which does not exist in terms of the current permission.

4.15 Although the amendments sought by the applicants are unacceptable in detail, a reduced period of extraction/restoration which would allow the satisfactory restoration of the entire site to an appropriate and acceptable after-use is acceptable. On the basis of the development plan and all other material considerations and taking account of the information on the availability of soils as supplied by the applicant, it has been calculated that the site can be satisfactorily restored within an 8 year period, by 30 December 2006. It is on this basis that approval is recommended.

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