Planning Applications Index

North Lanarkshire Council

Planning Applications for consideration of Planning Sub-Committee

Committee Date: 13 December 2017

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

13th December 2017

Page Application No Applicant Development/Site Recommendation No

8-14 17/00843/PPP Network Rail Planning Permission in Principle for Grant Residential Use 120-130 Main Street Plains

15-21 17/00844/PPP Network Rail Planning Permission in Principle for Grant Residential Use 176 - 182 Main Street Plains Airdrie ML6 7JH

22-28 17/00845/PPP Network Rail Planning Permission in Principle for Grant Residential Use Brownieside Cottage Brownieside Road Plains Airdrie ML6 8NP

29-41 17/01218/ENV Westland Period Review of Mineral Planning Approve subject to Horticulture Permission (ROMP) for Peat amended conditions C/o Dr Chris Extraction Works - Previous Turner Reference: 00/00636/ENV Drumbow Farm Caldercruix Road Caldercruix ML6 7RX

42-59 17/01478/FUL Rigg Wind Erection of a Single Wind Turbine Grant Limited NS 92131,65673 (128.5m to blade tip, 85m to hub and rotor diameter of 87m ) and Ancillary Works Southrigg Farm C1 - Torrance Farm To Southrigg Farm Armadale EH48 3AW

60-67 17/01664/FUL Cruden Proposed Housing Development - Grant (P) Estates Ltd Erection of 64 Dwellings, Including Roads, Parking and Associated Landscaping Site South Of Orchid Place Uddingston

68-74 17/01781/LBC Mrs Colette Conversion of Existing Integral Refuse Hartie Garage to Living Accommodation 10 Home Farm Court Shepford Place Coatbridge

ML5 1RW

(P)

17/01664/FUL – If minded to grant, planning permission not to be issued until legal agreement concluded with South Lanarkshire Council to address education impacts at Uddingston Grammar School.

Application No: Proposed Development:

17/00843/PPP Planning Permission in Principle for Residential Use

Site Address:

120-130 Main Street Plains

Date Registered:

23rd May 2017

Applicant: Agent: Network Rail N/A 1st Floor, George House 36 North Hanover Street Glasgow G1 2AD

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 08 Airdrie North 2 letters of representation received. Alan Beveridge, Sophia Coyle, David Cullen, Thomas Morgan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan 2012. The proposed development is acceptable in terms of its impact upon the site and the surrounding residential area.

Reproduced by permission of Planning Application: 17/00843/PPP the Ordnance Survey on Name (of applicant): Network Rail behalf of HMSO. © Crown Copyright and database right Site Address: 120-130 2009. All rights reserved. Main Street Ordnance Survey Licence Plains number 100023396. Development: Planning Permission in Principle for Residential Use

Proposed 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 design and location of all boundary walls, retaining walls and fences; (e) the provision of drainage works; (f) details of existing and proposed site levels together with any retaining structures.

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

2. That notwithstanding the requirements of Condition (1) above, the matters specified by conditions application to be submitted shall comply with the following requirements:-

(a) That a maximum of 2 dwellings is permitted and they shall front onto Main Street. (b) No dwelling shall exceed two storeys in height; (c) That each dwelling shall have its own in-curtilage parking area and shall be provided at the rate of 1-2 bedroom = 2 spaces, 3-4 bedroom = 3 spaces, 5+ bedroom = 4 spaces, 1.5 spaces per 1-2 bedroom flat plus 30% visitor parking and parking bay dimensions should be 2.5m x 5m and in the form of layby parking; (d) The vehicular access should be fully surfaced with an appropriate hard surface to the satisfaction of the Planning Authority over its full length and appropriate drainage shall be in place to prevent water from flowing onto the public road.

Reason: To define the permission and to ensure that the development is appropriate for the site and for the general area.

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

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

4. That any remediation works identified by the site investigation report required in terms of Condition (3) above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the houses hereby approved. Before any of the dwellinghouses are occupied a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

5. That notwithstanding the generalities of conditions 1 and 2 above any subsequent detailed application should include details of railway noise mitigation measures as identified in the Railway Noise and Vibration Assessment Report No 70037102-001 produced by WSP and dated October 2017 in relation to appropriate glazing and ventilation products.

Reason: In the interests of future residential amenity.

6. That the site is developed in accordance with the Council's 'Developer's Guide to Open Space' in terms of the minimum space standards and space around dwellings.

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

7. That prior to the commencement of development a scheme of intrusive site investigations shall be approved by the Planning Authority and carried out to the satisfaction of the Planning Authority and any required remedial works identified in the report of findings shall be carried out to the satisfaction of the Planning Authority.

Reason: In the interests of public safety and residential amenity.

Background Papers:

Consultation Responses:

The Coal Authority 5th of June and 17th November 2017. NLC Roads Operations received 11th June 2017. NLC Head of Regulatory Services & Waste Solutions received 31st May and 3rd November 2017. NLC Greenspace received 8th June 2017.

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

22nd November 2017 APPLICATION NO. 17/00843/PPP

REPORT

1. Site Description

1.1 The application site comprises an area of vacant land with an area of 1,300 square metres. It is bounded to the north by Main Street, Plains and to the south by the reinstated railway line, to the east by 132 and 134 Main Street and to the west by 118 Main Street. The site is relatively flat and gently slopes downwards in a southerly direction towards the railway line. The front third of the site is covered by small trees and shrubs while the remainder of the site is relatively clear grassland. Surrounding dwellings are a mixture single, one and a half and two storey dwellings. The site was historically occupied by a row of traditional street fronting terraced cottages and slopes gently downwards in a southerly direction towards the railway.

2. Proposed Development

2.1 Planning permission in principle is sought for a residential development with vehicular access being taken from Main Street. The applicant has provided an indicative layout plan showing three house plots with a vehicular access along the eastern boundary of the site.

3. Applicant’s Supporting Information

3.1 The applicant submitted a written statement in support of the application arguing that the proposal complies with Local Plan policy and will remove an unattractive vacant site thus enhancing the village.

4. Site History

4.1 Previously occupied by a row of street fronting cottages. Network Rail purchased and cleared the site as part of the reinstatement of the adjacent Airdrie to Bathgate railway line.

5. Development Plan

5.1 The application site is zoned as HCF1 A – Existing Residential Area (where there is a presumption against development that would be detrimental to residential amenity) in the North Lanarkshire Local Plan 2012. DSP1- 4 (Amount, Location, Impact and Quality of Development) also apply.

6. Consultations

6.1 The Coal Authority initially objected to the proposal but has subsequently withdrawn this objection as a result of the submitted Coal Mining Risk Assessment and provided that a condition is imposed regarding intrusive site investigations and implementation of remedial works.

6.2 The Council’s Transportation Section has expressed no objection subject to certain standard conditions relating to access specification, visibility splays and parking provision. It was noted that while there has been an aspiration for a station at Plains for some time, there is no formal policy or proposal in that regard. A STAG report has indicated that a Statutory Quality Partnership with bus companies should be pursued.

6.3 The Council’s Head of Regulatory Services & Waste Solutions has expressed no objections subject to a comprehensive site investigation being carried out and any identified remediation measures prior to development commencing on site and also that the identified window and ventilation measures within the associated Railway Noise and Vibration Report are carried out as part of the construction.

6.4 The Council’s Greenspace Team has expressed no objections subject to standard advice regarding biodiversity and access.

7. Representations

7.1 Following the standard neighbour notification procedures and press advert 2 letters of representation have been received (one from Plains Community Council and one from Councillor T Morgan) and the matters raised can be summarised as follows:

• The site has been identified as a possible future railway station option and the development of housing would mean that a future railway station for Plains would not be possible.

• If the application were approved it would be tantamount to the Council reneging on its promise to consider the possible future provision of a railway station in Plains.

• Network Rail is motivated by profit and not the best interests of the local community.

8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant Development plan policies unless material consideration indicate otherwise. In this case, the proposal is not of strategic significance and as such, should be assessed in terms of the relevant local plan policies.

8.2 The site is zoned as HCF1 A 1, an existing residential area in the North Lanarkshire Local Plan 2012 and therefore the principle of residential development is acceptable and in accordance with the North Lanarkshire Local Plan 2012.

8.3 The North Lanarkshire Local Plan also requires all proposed developments to be assessed against policies DSP1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of development) and DSP4 (Quality of Development). Due to the HCF1 A 1 zoning and the limited scale and nature of the development it is considered that the proposal raises no issues with regards to policies DSP1-3.

8.4 Policy DSP 4 Quality Development states that development will only be permitted when an appraisal has been carried out of the existing character and features of the site and its setting, including landscape, biodiversity, heritage or amenity value and where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting avoiding any adverse impact on residential amenity and taking account of any transportation issues.

8.5 As this application is for permission in principle full details have not been submitted; however, the applicant has provided an indicative layout plan showing 3 houses. It is considered that a proposed residential development could integrate satisfactorily with surrounding land uses. From the indicative layout plan and based on the available site area it is considered that 2 house plots could be accommodated within the site whilst meeting the requirements of open space and parking provision together with an access road. It is also considered that there is sufficient scope within the site area to accommodate the 2 dwellinghouses without adversely impacting upon privacy or sunlight daylight of neighbouring properties by meeting minimum distances between existing properties, albeit detailed plans, house types and levels would have to be given further consideration at matters specified in condition stage. It is not considered that 3 houses could satisfy council standards in terms of access, garden size and impact on residential amenity.

8.6 In terms of the consultation responses it is considered that the consultee comments and recommendations can be covered by the application of appropriate conditions.

8.7 The matters raised in the representation letters are addressed as follows :-

• The site has been identified as a possible future railway station option and the development of housing would mean that a future railway station for Plains would not be possible.

Comment: There is currently no formal Council policy or proposal for the development of a station at Plains, although it is recognised that this has been an aspiration for some years and the matter has been investigated. The application has been made by Network Rail which is the body which owns, operates and develops Britain’s railways, including stations. Even if permission for housing is granted, there is no obligation for it to be developed as such.

• If the application were approved it would be tantamount to the Council reneging on its promise to consider the possible future provision of a railway station in Plains.

Comment: There is currently no formal Council policy or proposal for the development of a station at Plains. A STAG report rejected the railway station option and recommended a Bus Statutory Quality Partnership. The Planning and Transportation Committee agreed in February 2017 to note the outcome of the STAG study, allow officers to develop measures related to the Bus Stop, and to engage with Transport Scotland to further consider the options that were investigated.

• Network Rail is motivated by profit and not the best interests of the local community.

Comment: This is not a material planning consideration. . 9. Conclusions

9.1 Taking the above into account it is considered that the principle of the proposed residential development is acceptable. The application accords with policies HCF1 A and DSP1-3 of the North Lanarkshire Local Plan 2012. In terms of policy DSP4 it is considered that based on the indicative layout plans a satisfactory vehicular access could be achieved to the site. Consideration has been given to the matters raised in the letters of representation; however, it has been found that no matter carries such weight as to merit the refusal of this application and there is no formal proposal for a station that would justify refusal of this application. Decisions on planning applications are required to be made on planning grounds, and be capable of being defended on appeal. In this case, however, while there have been calls for a railway station in Plains there is no formal proposal for a station that could be used to justify refusal of this application. It is therefore recommended that permission in principle be granted for a maximum of 2 dwellings subject to conditions.

Application No: Proposed Development:

17/00844/PPP Planning Permission in Principle for Residential Use

Site Address:

176 - 182 Main Street Plains Airdrie ML6 7JH

Date Registered:

23rd May 2017

Applicant: Agent: Network Rail N/A 1st Floor, George House 36 North Hanover Street Glasgow G1 2AD

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 08 Airdrie North 6 letters of representation received. Alan Beveridge, Sophia Coyle, David Cullen, Thomas Morgan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Reproduced by permission of Planning Application: 17/00844/PPP the Ordnance Survey on Name (of applicant): Network Rail behalf of HMSO. © Crown Copyright and database right Site Address: 176 - 182 Main Street, 2009. All rights reserved. Plains Ordnance Survey Licence Airdrie number 100023396. ML6 7JH Development: Planning Permission in Principle for Residential Use

Proposed 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 design and location of all boundary walls, retaining walls and fences; (e) the provision of drainage works; (f) details of existing and proposed site levels together with any retaining structures.

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

2. That notwithstanding the requirements of Condition (1) above, the matters specified by conditions application to be submitted shall comply with the following requirements:-

(a) A maximum of 4 dwellings. (b) No dwelling shall exceed one storey in height; (c) That each dwelling shall have its own in-curtilage parking area and shall be provided at the rate of 1-2 bedroom = 2 spaces, 3-4 bedroom = 3 spaces, 5+ bedroom = 4 spaces, 1.5 spaces per 1-2 bedroom flat plus 30% visitor parking and parking bay dimensions should be 2.5m x 5m and in the form of layby parking; (d) A 2m wide footpath shall be maintained along the entire frontage of the site and, given the likely number of vehicle accesses and utility works, the existing footway along the frontage should be resurfaced in its entirety by the applicant as per the specifications and requirements of the Council as Roads Authority. (e) Driveways should be fully surface over at least 2m and appropriate drainage shall be in place to prevent water from flowing onto the public road.

Reason: To define the permission and to ensure that the development is appropriate for the site and for the general area.

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

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

Reason: In the interests of future residential amenity

6. That the site is developed in accordance with the Council's 'Developer's Guide to Open Space' in terms of the minimum space standards and space around dwellings.

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

Background Papers:

Consultation Responses:

The Coal Authority received 5th June 2017. NLC Roads Operations received 7th July 2017. NLC Head of Regulatory Services & Waste Solutions received 31st May and 3rd November 2017. NLC Greenspace received 8th June 2017.

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

22nd November 2017 APPLICATION NO. 17/00844/PPP

REPORT

1. Site Description

1.1 The application site comprises an area of vacant land with an area of 2,450 square metres. It is bounded to the north by Main Street, Plains and to the south by the reinstated railway line, to the east by open countryside and to the west by a defunct access road and 174 Main Street, a traditional single storey detached cottage. The site is flat and wedge shaped and gradually tapers eastwards as the Main Street and the railway line converge. The site is relatively clear grassland. Surrounding adjacent dwellings are predominantly single storey. The site was historically occupied by four detached single storey traditional street fronting cottages.

2. Proposed Development

2.1 Planning permission in principle is sought for a residential development. The applicant has provided an indicative layout plan with vehicular access being taken from Main Street with four separate driveways serving two pairs of single storey semi-detached dwellings (4 units in total).

3. Applicant’s Supporting Information

4. Site History

4.1 The site previously contained 4 dwellings. Network Rail purchased and cleared the site as part of the reinstatement of the adjacent Airdrie to Bathgate railway line.

5. Development Plan

5.1 The application site is zoned as HCF1 A – Existing Residential Area (where there is a presumption against development that would be detrimental to residential amenity) in the North Lanarkshire Local Plan 2012. DSP1-4 (Amount, Location, Impact and Quality of Development) also apply.

6 Consultations

6.1 The Coal Authority has not objected to the proposal as although the site is in a high risk area the area of mine workings is small and outwith the likely development platforms and therefore no Coal Mining Risk Assessment is required.

6.3 The Councils Head of Regulatory Services & Waste Solutions has expressed no objections subject to a comprehensive site investigation being carried out and any identified remediation measures prior to development commencing on site and also that the identified window and ventilation measures within the associated Railway Noise and Vibration Report are carried out as part of the construction.

6.4 The Councils Greenspace Team has expressed no objections subject to standard advice regarding biodiversity and access.

7 Representations

7.1 Following the standard neighbour notification procedures and press advert 6 letters of representation have been received including one from Plains Community Council and one from Councillor T Morgan and the matters raised can be summarised as follows:

• The site has been identified as a possible future railway station option and the development of housing would mean that a future railway station for Plains would not be possible.

• If the application were approved it would be tantamount to the Council reneging on its promise to consider the possible future provision of a railway station in Plains.

• Network Rail is motivated by profit and not the best interests of the local community.

• If approved, it would lead to parked cars on Main Street causing road safety issues with reversing HGV lorries that can’t get under the railway bridge to the east which will increase with the opening of Hillend Quarry.

• Loss of view of field and farm.

• Increased traffic.

8 Planning Assessment

8.5 As this application is for permission in principle full details have not been submitted; however, the applicant has provided an indicative layout plan. It is considered that a proposed residential development could integrate satisfactorily with surrounding land uses. From the indicative layout plan and based on the available site area it is considered that at least 3 house plots could be accommodated within the site whilst meeting the requirements of open space and parking provision together with an access road. It is also considered that there is sufficient scope within the site area to accommodate this number of dwellinghouses without adversely impacting upon privacy or sunlight daylight of neighbouring properties by meeting minimum distances between existing properties, albeit detailed plans, house types and levels would have to be given further consideration at matters specified in condition stage.

8.6 In terms of the consultation responses it is considered that the consultee comments and recommendations can be covered by the application of appropriate conditions.

8.7 The matters raised in the representation letters are addressed as follows :-

• The site has been identified as a possible future railway station option and the development of housing would mean that a future railway station for Plains would not be possible.

• If the application were approved it would be tantamount to the Council reneging on its promise to consider the possible future provision of a railway station in Plains.

• Network Rail is motivated by profit and not the best interests of the local community.

Comment: This is not a material planning consideration.

Comment: The Councils Roads Operations has expressed no objections to the proposal in terms of parking or road safety.

• Loss of view of field and farm.

Comment: Loss of view is not a material planning consideration and it is noted that the site previously was occupied by 4 houses.

• Increased traffic.

Comment: It is considered that traffic will increase but to a significant extent and it is noted that the site previously was occupied by 4 houses.

9 Conclusions

Application No: Proposed Development:

17/00845/PPP Planning Permission in Principle for Residential Use

Site Address:

Brownieside Cottage Brownieside Road Plains Airdrie ML6 8NP

Date Registered:

23rd May 2017

Applicant: Agent: Network Rail N/A 1st Floor, George House 36 North Hanover Street Glasgow G1 2AD

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 08 Airdrie North 2 letters of representation received. Alan Beveridge, Sophia Coyle, David Cullen, Thomas Morgan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Reproduced by permission of Planning Application: 17/00845/PPP the Ordnance Survey on Name (of applicant): Network Rail behalf of HMSO. © Crown Copyright and database right Site Address: Brownieside Cottage 2009. All rights reserved. Brownieside Road Ordnance Survey Licence Plains number 100023396. Airdrie ML6 8NP Development: Planning Permission in Principle for Residential Use

Proposed 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 design and location of all boundary walls, retaining walls and fences; (e) the provision of drainage works; (f) details of existing and proposed site levels together with any retaining structures.

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

2. That notwithstanding the requirements of Condition (1) above, the matters specified by conditions application to be submitted shall comply with the following requirements:-

(a) A maximum of one dwelling that shall not exceed two storey in height; (b) The dwelling shall have its own in-curtilage parking area and shall be provided at the rate of 1-2 bedroom = 2 spaces, 3-4 bedroom = 3 spaces, 5+ bedroom = 4 spaces, 1.5 spaces per 1-2 bedroom flat plus 30% visitor parking and parking bay dimensions should be 2.5m x 5m and in the form of layby parking; (c) A 2m wide footpath shall be maintained along the entire frontage of the site and, given the likely number of vehicle accesses and utility works, the existing footway along the frontage should be resurfaced in its entirety by the applicant as per the specifications and requirements of the Council as Roads Authority. (d) The Vehicular access should be fully surfaced over it full length with an appropriate hard surface to the satisfaction of the Planning Authority and appropriate drainage shall be in place to prevent water from flowing onto the public road.

Reason: To define the permission and to ensure that the development is appropriate for the site and for the general area.

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

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

Reason: In the interests of future residential amenity.

6. That the site is developed in accordance with the Council's 'Developer's Guide to Open Space' in terms of the minimum space standards and space around dwellings.

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

Reason: In the interests of public safety and residential amenity.

Background Papers:

Consultation Responses:

The Coal Authority received 5th June 2017 and 17th November 2017. NLC Roads Operations received 7th July 2017. NLC Greenspace received 8th June 2017. NLC Head of Regulatory Services & Waste Solutions received 31st May and 3rd November 2017.

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500.

Report Date:

22nd November 2017 APPLICATION NO. 17/00845/PPP

REPORT

1. Site Description

1.1 The application site comprises an area of vacant land with an area of approximately 2,350 square metres. It is bounded to the north by the reinstated railway line, to the east by open space, to the west by open countryside and Brownieside Cottage/Garden Centre to the south. The site is relatively flat and level and is covered in rough grassland. It is generally triangular and was historically occupied by a detached single storey traditional cottage with associated stables.

2. Proposed Development

2.1 Planning permission in principle is sought for a residential development. The applicant has provided an indicative layout plan with vehicular access being taken from the bend on Brownieside Road serving two detached dwellings.

3. Applicant’s Supporting Information

4. Site History

4.1 The site previously contained a house and stables. Network Rail purchased and cleared the site as part of the reinstatement of the adjacent Airdrie to Bathgate railway line.

5. Development Plan

5.1 The application site is zoned as NBE 3 B – Rural Investment Area (where up to 4 housing units are acceptable at a recognised cluster) in the North Lanarkshire Local Plan 2012. DSP1- 4 (Amount, Location, Impact and Quality of Development) also apply.

6. Consultations

6.4 The Councils Greenspace Team has expressed no objections subject to standard advice regarding biodiversity and access.

7. Representations

• The site has been identified as a possible future railway station option and the development of housing would mean that a future railway station for Plains would not be possible.

• If the application were approved it would be tantamount to the Council reneging on its promise to consider the possible future provision of a railway station in Plains.

• Network Rail is motivated by profit and not the best interests of the local community.

8. Planning Assessment

8.2 The site is zoned as NBE 3 B – Rural Investment Area (where up to 4 housing units are acceptable at a recognised cluster) in the North Lanarkshire Local Plan 2012. Although the site is not a recognised cluster, it is considered that the proposal represents a justifiable exception to this policy due to the historical context of the site. The site was previously occupied by a house and associated stables which were demolished as a consequence of the railway re-instatement works. It is therefore considered that the re-instatement of one dwelling on the site is acceptable in principle and represents a justifiable exception to the Rural Investment Policy.

8.5 As this application is for permission in principle full details have not been submitted; however, the applicant has provided an indicative layout plan. It is considered that a proposed residential development could integrate satisfactorily with surrounding land uses. From the indicative layout plan and based on the available site area it has been shown that 2 house plots could be accommodated within the site whilst meeting the requirements of open space and parking provision together with an access road. It is also considered that there is sufficient scope within the site area to accommodate this number of dwellinghouses without adversely impacting upon privacy or sunlight daylight of neighbouring properties by meeting minimum distances between existing properties, albeit detailed plans, house types and levels would have to be given further consideration at matters specified in condition stage. Nevertheless, the site does not constitute a cluster and whilst a single dwelling would replace the original house the policy would not support more than one dwelling on this site.

8.6 In terms of the consultation responses it is considered that the consultee comments and recommendations can be covered by the application of appropriate conditions.

8.7 The matters raised in the representation letters are addressed as follows :-

• The site has been identified as a possible future railway station option and the development of housing would mean that a future railway station for Plains would not be possible.

• If the application were approved it would be tantamount to the Council reneging on its promise to consider the possible future provision of a railway station in Plains.

• Network Rail is motivated by profit and not the best interests of the local community.

Comment: This is not a material planning consideration.

9. Conclusions

9.1 Taking the above into account it is considered that the principle of the proposed residential development is acceptable. It is considered that the proposal is a justifiable exception to policy NBE3 B and accords with policies HCF1 A and DSP1-3 of the North Lanarkshire Local Plan 2012. In terms of policy DSP4 it is considered that based on the indicative layout plans a satisfactory vehicular access could be achieved to the site. Consideration has been given to the matters raised in the letters of representation; however, it has been found that no matter carries such weight as to merit the refusal of this application. Decisions on planning applications are required to be made on planning grounds, and be capable of being defended on appeal. In this case, however, while there have been calls for a railway station in Plains there is no formal proposal for a station that could be used to justify refusal of this application. It is therefore recommended that permission in principle be granted for one dwelling subject to conditions.

Application No: Proposed Development:

17/01218/ENV Periodic Review of Mineral Planning Permission (ROMP) for Peat Extraction Works - Previous Reference: 00/00636/ENV

Site Address:

Drumbow Farm Caldercruix Road Caldercruix ML6 7RX

Date Registered:

2nd August 2017

Applicant: Agent:

Westland Horticulture Dr Chris Turner c/o agent Old School House School Lane Stow Lincoln England LN1 2DQ

Application Level: Contrary to Development Plan:

Other Application Level No

Ward: Representations:

08 Airdrie North No letters of representation received. Alan Beveridge, Sophia Coyle, David Cullen, Thomas Morgan,

Recommendation: Approve Subject to Amended Conditions:

Reasoned Justification:

The conditions attached under the initial review are generally considered to be acceptable subject to the changes proposed by the applicant and additional changes to restoration and aftercare in order to take account of advancements made in best practice for the effective restoration and aftercare of peat extraction sites.

Reproduced by permission of Planning Application: 17/01218/ENV the Ordnance Survey on Name (of applicant): Westland Horticulture behalf of HMSO. © Crown Copyright and database right C/o Dr Chris Turner 2009. All rights reserved. Site Address: Drumbow Farm, Ordnance Survey Licence Caldercruix Road, Caldercruix, ML6 7RX number 100023396. Development: Periodic Review of Mineral Planning Permission (ROMP) for Peat Extraction Works - Previous Reference: 00/00636/ENV

Proposed Conditions:-

1. That the winning and working of peat shall cease by December 2040 and all buildings, plant and machinery, including foundations and hardstandings shall have been removed from the site and the restoration of the site completed no later than 22 February 2042.

Reason: To define the permission.

2. No winning or working of peat shall take place outside the areas of peat extraction shown edged in brown on plan DM1, referred to hereafter as the worked area. The restoration and aftercare requirements of this new scheme of conditions relate only to the worked area.

Reason: To define the extent of the peat extraction operations at the site for the duration of the planning permission.

3. The development shall be carried out in accordance with this schedule of conditions and accompanying plans and supporting information, and for the avoidance of doubt, where discrepancies occur, the schedule of conditions shall take precedence over other parts of the permission.

Reason: to define the permission.

4. That nothwithstanding the provisions of the Town and Country Planning (General Permitted development) (Scotland) Order 1992, other than has been allowed by the terms of this planning permission, no buildings, plant or machinery shall be installed, erected, re-arranged, replaced or extended on the site.

Reason: To define the permission and to allow the Planning Authority to retain effective control of the site in the interest of the visual amenity and character of the area.

5. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no waste or other material shall be deposited at the application site other than that required for the construction or repair of approved haul roads and hardstandings or the implementation of the approved restoration scheme, and no materials shall be taken off the site other than peat or any other materials approved as part of this permission.

Reason: To define the permission and to allow the Planning Authority to retain effective control of the site in the interests of the visual amenity and character of the area.

6. That except as may otherwise be agreed in writing by the Planning Authority, between the months of April and September (inclusive) or any other dates as may be agreed in writing by the Planning Authority prior to harvesting/extraction commencing in any calendar year, the harvesting/extraction peat (which includes the milling operation, the spooning operation, the collection of the milled peat for storage and the transportation of peat from the working area to the loading area) shall be restricted to the following hours:

a) 0600 to 2200 (daily) b) 24 hour a day allowed on 4 occasions within any individual harvesting period (of which the Planning Authority shall be advised of in writing prior to such operations) or any other occasions agreed in writing in advance by the Planning Authority.

Reason: To define the operational hours for peat extraction in the interests of the amenity of nearby residential properties.

7. That except as may otherwise be agreed in writing by the Planning Authority, no peat harvesting/extraction shall take place outwith April and September (or between such other dates as may be agreed in writing by the Planning Authority prior to harvesting/extraction commencing in any calendar year) when operations on the site shall be restricted to the hours of 0730 to 1800 Monday to Friday and 0730 to 1300 Saturday.

Reason: To define the operational hours outwith harvesting time in the interests of the amenity of nearby residential properties.

8. That the loading and exportation of peat from the site shall be restricted to the hours of 0730 to 1800 hours Monday to Friday and 0730 to 1300 Saturday.

Reason: To define the operational hours for the removal of peat from the site in the interests of the amenity of nearby residential properties.

9. That all vehicles leaving the site with a load of peat shall head southwards and signage stating this requirement shall be erected at the site entrance and thereafter maintained for the lifetime of the operations.

Reason: In the interests of highway safety and the amenity of nearby communities and to ensure that the vehicles quickly reach the main road network.

10. That all vehicles used to transport peat products onto the public highway shall be sheeted prior to leaving the site.

Reason: In the interests of highway safety and to prevent the deposit of any mineral onto the public road.

11. That the pathway and possible public right of way as marked on approved plans shall be kept free of any obstruction associated with the operation of the site.

Reason: In the interests of the amenity and safety of the area and to keep the possible right of way free from obstruction.

12. All plant, machinery and vehicles used on site shall be effectively silenced at all times in accordance with manufacturers’ recommendations.

Reason: In the interests of the amenity of nearby residential properties.

13. That no audible reversing system shall be used on mobile plant without the prior written permission of the Planning Authority.

Reason: In the interests of the amenity of nearby residential properties.

14. That the noise levels attributable to the peat extraction operations and associated operations shall not exceed 50dB (LAeq)(1 hour) at the closest noise sensitive property between the hours of 0700 to 1900 or 40 dB (LAeq)(1 hour) at any other time. This noise level is expressed as a one-hour freefield LAeq and freefield shall be defined as a point 3.5 metres in front of the facade of the noise sensitive property facing the site. Any measure to check compliance shall have regard to the effects of extraneous noise and shall be corrected for any such effects.

Reason: In the interests of the amenity of nearby residential properties.

15. That the site will be operated in such a manner as to minimise the transmission of airborne particulate from site operations and to prevent dust from migrating from the site. In this regard, insofar as is reasonably practical, the operator will ensure that best practice methodologies set out in PAN 50 are adopted.

Reason: In the interests of the amenity of nearby residential properties.

16. That no fixed chemical, oil or diesel storage tanks shall be erected within the application site without the prior written authority of the Planning Authority.

Reason: In the interests of the amenity of the area and to prevent the pollution of land and watercourses in the area.

17. That throughout the period of site workings, the settlement ponds as shown on the approved plans (or any other ponds agreed by the Planning Authority in advance) shall be retained and kept in good operational order.

Reason: In the interests of good water management and to prevent the pollution of surrounding watercourses.

18. That the operator shall inform the Planning Authority if anything of archaeological interest is found during permitted operations at the site (including artefacts, structures etc) and shall allow the Planning Authority to assess the significance of the finds. In the event that archaeological recording is required, the site operator shall either secure funds for this purpose, or make any other reasonable contribution to be agreed in advance.

Reason: In the interests of assessing the archaeological properties of the site in accordance with the aims of NPPG 5 and PAN 2/2011.

19. That other than the transient storage of peat for collection during each harvesting season, there shall be no stockpiling of peat on the site outside the approved stockpiling areas shown on the approved plans, and such peat shall not be stored in stockpiles exceeding 8.0 metres in height.

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

20. That following the completion of peat harvesting/extraction operations, unless otherwise agreed in writing by the Planning Authority the finished ground profiles shall be in accordance with those cross sections shown on the approved plans, and over the whole of the harvesting/extraction area at least 0.5 metres of peat shall be left above the underlying mineral soil.

Reason: In the interests of nature conservation and to ensure that the site can be restored to an acceptable standard at the end of operations.

21. That no permission is hereby given for the documents titled ‘Restoration and After Use Plans for Drumbow Moss’ and ‘Site Specific Plans for Drumbow Moss’ and at least one year prior to the completion of the extraction/harvesting works within the site or any part of the site, a detailed restoration scheme shall be submitted to the Planning Authority for its prior written approval following consultation with SNH and SEPA. This scheme shall take account of the most recent developments in best practice techniques regarding the restoration of such sites.

Reason: In the interests of nature conservation and the visual amenity and character of the area and to ensure that the site is restored to an acceptable standard at the end of all or some of the harvesting/extraction operations.

22. That the restoration scheme approved under the terms of condition 21 above shall be implemented in a phased basis and in particular shall be implemented in full within two years of all other site operations being completed or before 22 February 2042, whichever is the earlier.

23. That prior to the implementation of all or any individual part of the restoration scheme, a detailed aftercare scheme shall have been submitted to and approved by the Planning Authority in writing (with appropriate alterations as required) and this shall detail the on-going maintenance of the restored areas for a period of 5 years following the completion of the individual phase of restoration.

Reason: To ensure the necessary management and aftercare of the restored areas.

24. That before 31 July of every year during the aftercare period as outlined in condition no. 23, a report from an appropriately qualified ecologist shall be submitted to, and approved in writing by, the Planning Authority and this shall include the following:

a) A description and assessment of the operations carried out during the previous 12 months b) A description and assessment of the operations to be carried out during the next 12 months c) An assessment of whether further works are required in order to secure the reinstatement of the site in accordance with approved restoration and aftercare details and a commitment to rectify and alter the aftercare and management scheme as necessary.

For the avoidance of doubt the aftercare shall include consideration of biodiversity and hydrology which shall include results of monitoring for the re-colonisation by peatland plants and an assessment of the water table level. In addition the report should demonstrate the area coverage and establishment of the target vegetation, and provide an assessment of the water level and site surface wetness.

Reason: To ensure the necessary management and aftercare of the restored areas

25. That a copy of this permission shall be kept on site during harvesting periods and kept for inspection at a local site office, details of which shall be submitted to and approved in writing by the Planning Authority, for inspection during normal office hours. The existence and content of the permission shall be made known to all operatives responsible for the operation, restoration and aftercare of the working area.

Reason: To ensure that all personnel and any other interested parties are aware of the terms of this permission.

Background Papers:

Consultation Responses:

Letters from Scottish Environment Protection Agency received 30th August and 9th November 2017

Memo from Transportation received 15th August 2017 Letters from Scottish Natural Heritage (SNH) received 30th August and 10th October 2017 Memo form Protective Services received 16th August 2017 Email from Greenspace received 17th November 2017 Letter from Historic Environment Scotland received 16th August 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500

Report Date:

4th December 2017 APPLICATION NO. 17/01218/ENV

REPORT

1. Site Description

1.1 The site extends to some 90 hectares of open land to the south of Longriggend and is bisected by Telegraph Road. The land, which is gently undulating, has been worked over time using surface milling techniques and therefore contains very little vegetation throughout. The site is surrounded by woodland and fields on all sides.

2. Proposals

2.1 The operation is a long established mineral extraction project already benefitting from planning permission and the purpose of this application is not to re-assess the development. Mineral developments are subject to a review process requiring the developer to submit a scheme of conditions every 15 years for the consideration of the Planning Authority. This application must therefore review the conditions submitted to determine if those proposed are acceptable or whether they should be modified or added to in light of the particular circumstances or any changes to legislation, policy and practice that have occurred since the last review. The conditions that were determined under the last review are contained in an appendix at the back of this report.

2.2 The applicant proposes to omit condition 16 which was added as a result of the previous review in 2001 and required the submission for the approval of the Planning Authority of a scheme to regulate outflow from the site. In addition, they propose to change a condition added as a result of the previous review (condition 20) which placed a limit on the maximum height of stockpiles within the site from 5 metres. They seek to increase this to 8 metres.

2.3 No changes are proposed by the applicant to the conditions relating to restoration. An updated restoration and after use plan for Drumbow Moss has however been submitted. It details the rate of extraction in the past 15 years which the applicant considers to be low and of having a limited impact on peat depth across the site. It also outlines that over the next 15 years it is anticipated that extraction will continue within limits set in the existing conditions, most likely negating any requirement for the restoration to begin until the next ROMP period. The plan contains a methodology for wetland habitat creation. The applicant proposes to restore the site to an active bog by changing the site contours and using drainage to create a series of terraced, shallow peat/water pools. The applicant maintains a position that, in their opinion the existing conditions relating to restoration would be sufficient.

3. Site History

3.1 Peat Extraction operations on this site were approved in 1949 (reference: P/M/53/396/NM/266) and 1953 (P/M/53/396/NM/266).

3.2 More recently, in 2000, an initial review of conditions was undertaken which secured a requirement for restoration and aftercare (reference: C/00/00636/ENV). These updated conditions were approved in 2001 and it is these conditions which are currently under review.

3.3 Planning legislation allows applicants to apply for a postponement to periodic reviews. In 2016 an application seeking to postpone this review until 2031 was refused at the Planning and Transportation Sub-Committee (reference: 16/01909/ENV). This was refused on the basis that the conditions attached to the 2001 ROMP relating to restoration would no longer secure best practice measures and would therefore need to be modified taking account of advancements made in the intervening 15 years.

3.4 More recently the applicant requested an EIA screening opinion where it was determined that an EIA would not be required for this proposed change of conditions (reference: 17/01044/EIASCR).

4. Development Plan

4.1 The site is zoned as NBE 3 B (Rural Investment Area) and EDI 2 C2 (Opencast Coal Extraction Search Area) in the North Lanarkshire Local Plan 2012.

5. Consultations

5.1 SEPA object to the proposed conditions and raise concerns about the restoration scheme arguing that recent experience elsewhere has demonstrated that alternative approaches can achieve the desired restoration outcome more quickly. Changes are recommended to conditions 20, 21 and 24 which would contain a requirement to retain undisturbed peat and to change restoration methods. They also recommend additional and more comprehensive progress monitoring. They recommend that an alternative restoration technique to the surface bunding/terracing should be employed such as cell bunding which has proven to be more effective at retaining the water table close to the surface within short timescales.

5.2 SNH objects to the application raising a concern that the restoration proposed is not fit for purpose. They highlight that the approach proposed by the applicant has been unsuccessful at establishing bog habitats within a reasonable timescale elsewhere, and, highlight that alternative methods have been successful in similar sites elsewhere. They recommend three additional conditions to improve restoration and also for changes to be made to conditions 20 and 24 to incorporate undisturbed peat and also for more reporting during the aftercare period. In addition they recommend that the 5 year aftercare period be extended indefinitely until 90% of the intended habitat surface area is achieved.

5.3 Transportation raised no objections and Protective Services and Historic Scotland confirmed that they have no comments to make. Greenspace recommend modification of the conditions to require the applicant to work with SNH in achieving restoration outcomes.

6. Representations

6.1 No representations were received following the neighbour notification and press advertisement.

7. Planning Assessment

7.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The purpose of this application is not to revisit the principle of development, which is long established, and the development plan will only influence the detailed amendment of conditions determined under the last review. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the North Lanarkshire Local Plan 2012 is relevant. The site is zoned as NBE 3 B (Rural Investment Area) and EDI 2 C2 (Opencast Coal Extraction Search Area). Policy DSP 4 (Quality of Development) is also relevant along with EDI 3B (Mineral Resources) and the associated Supplementary Planning Guidance (SPG) 08 (Development in the RIA) and 11 (Minerals).

7.2 Policy NBE 3 B and SPG 08 both aim to protect the character of the Rural Investment Area and EDI 2 C2 looks to promote mineral development towards designated sites. Any environmental impact arising from development is therefore minimised through adherence to other local plan policies such as the relevant minerals policy and guidance and policy DSP 4. The site is already established and the impact of the future operations firstly requires to be assessed against policy EDI 3 B and SPG 11.

7.3 This policy and guidance contains key assessment criteria for minerals applications. Consideration needs to be given to the impact of operations on environmental assets and what measures can be employed to secure effective restoration, monitoring and aftercare. This review presents an opportunity to consider what changes have occurred since the last ROMP. Taking into account the comments from SNH and SEPA, and the changes that have occurred in terms of experience and knowledge with regards to restoration of this type of sites, it is considered that the conditions should reflect this. It is recommended that the restoration conditions be modified in the interests of the site itself and surrounding area to ensure that restoration will be achieved with more certainty and in a quicker timeframe. In particular it is recommended that the condition requiring the submission of a restoration scheme be amended to ensure that a revised scheme be submitted which complies with the best practice and guidance of SEPA and SNH. In addition changes are proposed to aftercare and monitoring to increase the effectiveness of this, although it is not considered to be reasonable to require the applicant to continue beyond the 5 year period that is currently in place. The proposal is therefore acceptable in terms of EDI 3 B and SPG 11 subject to the relevant modifications to the conditions and further assessment against DSP 4.

7.4 Policy DSP 4 seeks to secure a high quality of development by considering the site itself, its surroundings and the wider context of development. It contains provisions to safeguard and enhance wildlife and for development to be sustainable with a low ecological footprint and for it to integrate successfully into the local area. Looking forward to the next review period, it is considered the existing conditions can effectively mitigate the impact of the operations themselves. However, with respect to restoration, important consideration must be given to the guidance of SNH and SEPA, who now have considerable recent experience, and an increased understanding of, the successful restoration of wetland habitats following the Scottish Government’s Peatland Action Programme. Since the last review alternative methods to those proposed by the applicant have proven to be more successful in several other sites. Furthermore, taking account of the recent experience of SNH and SEPA, there is a concern that the restoration methods proposed by the applicant may not achieve their aims and would certainly not achieve them as quickly as alternative methods or be considered by those with the relevant expertise to constitute best practice. Taking into account of the objection of SNH and SEPA, it is considered to be reasonable and justifiable in planning terms to modify the relevant conditions accordingly in order to secure the best possible restoration and aftercare of the site. As such it is recommended that the relevant restoration and aftercare conditions be revised in order to achieve a scheme that reflects advancements made in knowledge and understanding of best practice.

7.5 It is considered that the change proposed by the applicant seeking approval for higher stockpiles would not have a significant impact on the landscape and the suggested change is considered to be acceptable. In addition it is considered to be acceptable to omit a condition that required them to submit for approval outflow details back in 2001 as there have been no known issues in this regard. The conditions, with those relating to restoration and aftercare amended accordingly, are considered to comply with DSP 4.

Consultations

7.6 As detailed above, the concerns raised by the consultees have been considered and restoration and aftercare conditions modified accordingly with the exception of the suggested requirement for undisturbed peat to remain ‘in situ’ which would affect working rights and potentially require the Council to compensate the applicant and the indefinite aftercare period which is not considered to be reasonable.

8. Conclusions

8.1 In conclusion, it is considered that the impact of this development can be successfully mitigated by modifying the conditions decided under the initial review, in particular to take account of advancements made in knowledge concerning the restoration and aftercare of peat extraction sites. Taking the above into consideration, and, notwithstanding the conditions proposed by the applicant, it is considered that the revised conditions as detailed in this report accord with the North Lanarkshire Local Plan 2012 and it is therefore recommended that they be approved by the sub-committee.

8.2 The sub-committee should note that the legislation concerning ROMP applications contains a provision creating a compensation liability in the event of Planning Authorities imposing conditions that would restrict working rights. This provision however does not concern any changes to restoration or aftercare conditions. In this instance the changes recommended purely relate to restoration and aftercare and it is not therefore considered that by granting this application that the Planning Authority would be liable to compensate the applicant.

Appendix 1 – Conditions attached for application reference: 00/00636/ENV

1. That the winning and working of peat shall cease by 31 December 2040 and all buildings, plant and machinery, including foundations and hardstandings shall have been removed from the site and the restoration of the site completed in full no later than 22 February 2042.

Reason: To accord with the provisions of the Town and Country Planning (Minerals) 1981.

2. No winning or working of peat shall take place outside the areas of peat extraction as shown on approved plans, referred to hereafter as the worked area. The restoration and aftercare requirements of this new scheme of conditions relate only to the worked area.

Reason: To define the extent of the peat extraction operations at the site for the duration of the planning permission.

Reason: To define the permission.

4. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, other than has been allowed by the terms of this planning permission, no buildings, plant or machinery shall be installed, erected, re-arranged, replaced or extended on the site.

Reason: To define the permission and to allow the Planning Authority to retain effective control of the site in the interest of the visual amenity and character of the area.

6. That except as may otherwise be agreed in writing by the Planning Authority, between the months of April and September (inclusive) or any other dates as may be agreed in writing by the Planning Authority prior to harvesting/ extraction commencing in any calendar year, the harvesting/ extraction peat (which includes the milling operation, the spooning operation, the collection of the milled peat for storage and the transportation of peat from the working area to the loading area) shall be restricted to the following hours:

a) 0600 to 2200 (daily) b) 24 hour a day working allowed on 4 occasions within any individual harvesting period (of which the Planning Authority shall be advised in writing prior to such operations) or any other occasions agreed in writing in advance by the Planning Authority.

Reason: To define the operational hours for peat extraction in the interests of the amenity of nearby residential properties.

7. That except as may otherwise be agreed in writing by the Planning Authority, no peat harvesting/ extraction shall take place outwith April and September (or between such other dates as may be agreed in writing by the Planning Authority prior to harvesting/ extraction commencing in any calendar year) when operations on the site shall be restricted to general maintenance works and drainage works and this shall be restricted to the hours of 0730 to 1800 Monday to Friday and 0730 to 1300 Saturday.

Reason: To define the operational hours outwith harvesting time in the interests of the amenity of nearby residential properties.

8. That the loading and exportation of peat from the site shall be restricted to the hours of 0730 to 1800 hours Monday to Friday and 0730 to 1300 Saturdays.

Reason: To define the operational hours for the removal of peat from the site in the interests of the amenity of nearby residential properties.

Reason: In the interests of highway safety and the amenity of nearby communities and to ensure that the vehicles quickly reach the main road network.

10. That all vehicles used to transport peat products onto the public highway shall be sheeted prior to leaving the site.

Reason: In the interests of highway safety and to prevent the deposit of any mineral onto the public road.

11. That the pathway and possible public right of way as marked on approved plans shall be kept free of any obstruction associated with the operation of the site.

Reason: In the interest of the amenity and safety of the area and to keep the possible right of way free from obstruction.

12. All plant, machinery and vehicles used on site shall be effectively silenced at all times in accordance with manufacturers' recommendations.

Reason: In the interests of the amenity of nearby residential properties.

13. That no audible reversing warning system shall be used on mobile plant without the prior written permission of the Planning Authority.

Reason: To allow the Planning Authority to control the noise impact of site operations in the interests of the amenity of nearby residential properties.

14. That the noise levels attributable to the peat extraction operations and associated operations shall not exceed 50dB (LAeq) (I hour) at the closest noise sensitive property between the hours of 0700 to 1900 or 40 dB (LAeq) (1 hour) at any other time. This noise level is expressed as a one-hour freefield LAeq and freefield shall be defined as a pint 3.5 meters in front of the façade of the noise sensitive property facing the site. Any measure to check compliance shall have regard to the effects of extraneous noise and shall be corrected for any such effects.

Reason: In the interests of the amenity of nearby residential properties.

16. That within 3 months of the date of this permission, a scheme to allow for the regulation of water outflow from the site shall be submitted to the Planning Authority for its prior approval and in particular this shall seek to regulate water flows from the main water outflow close to Moss-side Cottage. Such a scheme, once agreed by the Planning Authority, shall be implemented in full within 6 months of the date of this permission and thereafter maintained for the duration of the site operations. Reason: In the interests of good water management in the interests of the amenity of the area and to prevent the flooding of adjoining roads in the interests of highway safety.

17. That no fixed chemical, oil or diesel storage tanks shall be erected within the application site without the prior written authority of the Planning Authority.

Reason: In the interests of the amenity of the area and to prevent the pollution of land and watercourses in the area.

18. That throughout the period of site workings, the settlement ponds as shown on approved plans (or any other ponds agreed by the Planning Authority in advance) shall be retained and kept in good operational order.

Reason: In the interests of good water management and to prevent the pollution of surrounding watercourses.

19. That the operator shall inform the West of Scotland Archaeology Service if anything of archaeological interest is found during permitted operations at the site (including artefacts, structures etc) and shall allow the society to assess the significance of the of the finds. In the event that archaeological recording is required, the site operator shall either secure funds for this purpose, or make any other reasonable contribution to be agreed in advance.

Reason: In the interests of assessing the archaeological properties of the site in accordance with the aims of NPPG 5 and PAN 42.

20. That other than the transient storage of peat for collection during each harvesting season, there shall be no stockpiling of peat on the site outside the approved stockpiling areas shown on approved plans, and such peat shall not be stored in stockpiles exceeding 5.0 meters in height.

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

21. That following the completion of peat harvesting/ extraction operations, the finished ground profiles shall be in accordance with those cross sections shown on approved plans, and over the whole of the harvesting/ extraction area at least 0.5 metre of peat shall be left above the underlying mineral soil.

Reason: In the interests of nature conservation and to ensure that the site can be restored to an acceptable standard at the end of operations.

22. That at least one year prior to the completion of extraction/ harvesting works within the site or any part of the site, a detailed restoration scheme shall be submitted to the Planning Authority for its prior written approval. This scheme shall take account of the recommendations for wetland restoration within the document "Restoration and After Use Plans for Drumbow Moss Once Peat Extraction Ceases". For the avoidance of doubt, there shall be a presumption against tree or forestry planting within areas B and D as shown on attached plans.

23. In the interests of nature conservation and the visual amenity and character of the area and to ensure that the site is restored to an acceptable standard at the end of all or some of the harvesting/ extraction operations.

24. That prior to the implementation of all or any individual part of the restoration scheme, a detailed aftercare scheme shall have been submitted to and approved by the Planning Authority in writing (with appropriate alterations as required) and this shall detail the on-going maintenance of the restored areas for a period of 5 years following the completion of the individual phase of restoration.

Reason: To ensure the necessary management and aftercare of the restored areas.

25. That before 31 July of every year during the aftercare period as outlined in condition no. 24, a report shall be submitted to the Planning Authority and this shall include the following:

a) A description and assessment of the operations carried out during the previous 12 months

b) A description and assessment of the operations to be carried out during the next 12 months c) An assessment of whether further works are required in order to secure the reinstatement of the site in accordance with approved restoration and aftercare details and a commitment to rectify and alter the aftercare and management scheme as necessary.

Reason: To ensure the necessary management and aftercare of the restored areas.

26. That a copy of this permission shall be kept on site during harvesting periods and kept for inspection at the local site office (Penicuik) for inspection during normal office hours. The existence and content of the permission shall be made known to all operatives responsible for the operation, restoration and aftercare of the working area.

Reason: To ensure that all personnel and any other interested parties are aware of the terms of this permission.

Application No: Proposed Development:

17/01478/FUL Erection of a Single Wind Turbine NS 92131, 65673 (128.5m to blade tip, 85m to hub and rotor diameter of 87m ) and Ancillary Works (EIA Development)

Site Address:

Southrigg Farm C1 - Torrance Farm To Southrigg Farm Armadale EH48 3AW

Date Registered:

19th September 2017

Applicant: Agent: Rigg Wind Limited N/A Nene Lodge Funthams Lane Wittlesey PE7 2PB

Application Level: Contrary to Development Plan: Local No

Ward: Representations: 13 Fortissat 1 letter of representation received. Thomas Cochrane, Martin McCulloch, Kenneth Stevenson, Clare Quigley,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development would accord with policies NBE3B, EDI 3A2 (including SPG 12) and DSP4 of the Adopted North Lanarkshire Local Plan and Scottish Planning Policy. It is considered that the information submitted with the planning application including the Environmental Statement has provided sufficient evidence that the turbine could be accommodated within the site without causing significant environmental impact. Furthermore the turbine will appear as an addition to the existing cluster of six turbines and will blend in with the existing cluster thus reducing its visual impact.

Proposed Conditions:-

1. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings:- 41600/BP/022B, 16-B-0765-00.0 and WO_01853A & 01854A

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

2. That the development hereby shall subsist for a period of 25 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation shall be provided to the Planning Authority within 7 days of the electricity first being generated. Within six months of the end of the planning permission, unless a further planning application is submitted and approved, the wind turbine, ancillary equipment, access tracks and buildings shall be dismantled and removed from the site and the land restored in accordance with a restoration and after-care scheme to be submitted for the approval of the planning authority no later than 2 years prior to the expiry of the 25 year period.

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

3. That the operators shall at all times accord with the areas forming the subject of this consent in accordance with the approved plans and other supporting information, including the Environmental Statement, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development (including changes to the make, model or colour) without the prior written consent of the Planning Authority.

Reason: To clarify the drawings and information on which this approval of planning permission is founded in order that the Planning Authority can retain effective control.

4. That the turbine approved shall not exceed shall not exceed 128.5m.

Reason: To define the permission

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

Reason: In the interests of the amenity of the area

6. That, prior to the erection or installation of any ancillary equipment or buildings on site, the design, colour and finish of the equipment and buildings shall be submitted to and approved in writing by the Planning Authority and the development shall be completed in accordance with these details.

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

7. The rating level of noise emissions from the combined effects of the wind turbines (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes (to this condition), shall not exceed the values for the relevant integer wind speed set out in, or derived from, the tables attached to these conditions at any dwelling which is lawfully existing or has planning permission at the date of this permission and:

a) The wind turbine operator shall continuously log power production, wind speed and wind direction, all in accordance with Guidance Note 1(d). These data shall be retained for a period of not less than 24 months. The wind farm operator shall provide this information in the format set out in Guidance Note 1(e) to the Local Planning Authority on its request, within 14 days of receipt in writing of such a request.

b) No electricity shall be exported until the wind turbine operator has submitted to the Local Planning Authority for written approval a list of proposed independent consultants who may undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Local Planning Authority. c) Within 21 days from receipt of a written request from the Local Planning Authority following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the wind farm operator shall, at its expense, employ a consultant approved by the Local Planning Authority to assess the level of noise emissions from the wind turbine at the complainant’s property in accordance with the procedures described in the attached Guidance Notes. The written request from the Local Planning Authority shall set out at least the date, time and location that the complaint relates to and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Local Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. d) The assessment of the rating level of noise immissions shall be undertaken in accordance with an assessment protocol that shall, prior to the commencement of any measurements, have been previously submitted to and approved in writing by the Local Planning Authority. The protocol shall include the proposed measurement location identified in accordance with the Guidance Notes where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Local Planning Authority under paragraph (c), and such others as the independent consultant considers likely to result in a breach of the noise limits. e) Where a dwelling to which a complaint is related is not listed in the tables attached to these conditions, the wind turbine operator shall submit to the Local Planning Authority for written approval proposed noise limits selected from those listed in the Tables to be adopted at the complainant’s dwelling for compliance checking purposes. The proposed noise limits shall be those limits selected from the Tables specified for a listed dwelling which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s dwelling. The rating level of noise emissions resulting from the combined effects of the wind turbines when determined in accordance with the attached Guidance Notes shall not exceed the noise limits approved in writing by the Local Planning Authority for the complainant’s dwelling. f) The wind turbine operator shall provide to the Local Planning Authority the independent consultant’s assessment of the rating level of noise emissions undertaken in accordance with the Guidance Notes within 2 months of the date of the written request of the Local Planning Authority for compliance measurements to be made under paragraph (c), unless the time limit is extended in writing by the Local Planning Authority. The measurements shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in Guidance Note 1(e). The instrumentation used to undertake the measurements shall be calibrated in accordance with Guidance Note 1(a) and certificates of calibration shall be submitted to the Local Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. g) Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to Guidance Note 4(c), the wind turbine operator shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to paragraph (d) above unless the time limit has been extended in writing by the Local Planning Authority.

Table 1 – Between 07:00 and 23:00 – Noise limits expressed in dB LA90,10 minute as a function of the standardised wind speed (ms-1) at 10 metre height as determined within the site averaged over 10 minute periods

Location Standardised wind speed (ms-1) at 10m height within the site averaged over 10-minute periods

4 5 6 7 8 9 10

Balgornie 22.8 22.8 22.8 22.8 24.7 27.6 27.5

Edencroft 23.2 23.2 23.2 25.1 28 27.9 27.9

Netherhouses 20.7 20.7 20.7 20.7 22.6 25.5 25.4

Netherton Farm 21.8 21.8 21.8 21.8 23.7 26.6 26.5

Northrigg Farm 22.1 22.1 22.1 22.1 24 26.9 26.8

School House 22.9 22.9 22.9 24.8 27.7 27.6 27.6

Southrigg Farm 28.9 28.9 28.9 28.9 30.8 33.7 33.6

Torrance Farm 22.3 22.3 22.3 22.3 24.2 27.1 27

Table 2 – Between 23:00 and 07:00 – Noise limits expressed in dB L A90,10 minute as a function of the standardised wind speed (ms-1) at 10 metre height as determined within the site averaged over 10 minute periods

Location Standardised wind speed (ms-1) at 10m height within the site averaged over 10-minute periods

4 5 6 7 8 9 10

Balgornie 22.8 22.8 22.8 22.8 24.7 27.6 27.5

Edencroft 23.2 23.2 23.2 25.1 28 27.9 27.9

Netherhouses 20.7 20.7 20.7 20.7 22.6 25.5 25.4

Netherton Farm 21.8 21.8 21.8 21.8 23.7 26.6 26.5

Northrigg Farm 22.1 22.1 22.1 22.1 24 26.9 26.8

School House 22.9 22.9 22.9 24.8 27.7 27.6 27.6

Southrigg Farm 28.9 28.9 28.9 28.9 30.8 33.7 33.6

Torrance Farm 22.3 22.3 22.3 22.3 24.2 27.1 27

Table 3: Coordinate locations of the properties listed in Tables 1 and 2

Property Easting Northing

Balgornie 293393 665870

Edencroft 291373 666623

Netherhouses 293018 666908

Netherton Farm 290789 665304

Northrigg Farm 291845 666986

School House 291464 666721

Southrigg Farm 292020 666347

Torrance Farm 290914 666175

Note to Table 3: The geographical coordinate references are provided for the purpose of identifying the general location of dwellings to which a given set of noise limits applies.

8. Amplitude modulation is the variation of aerodynamic noise at the rate at which the blades pass a given fixed point of their rotation. The operator shall submit a scheme, to be approved by the Planning Authority prior to the commencement of operation of the wind farm, for the assessment and regulation of amplitude modulation effects. The approved scheme shall apply the methodology published by Renewable UK on 16th December 2013, including any revisions applied following review by the Institute of Acoustics, or other suitable methodology endorsed as good practice by the Institute of Acoustics. This scheme shall be used by the developer to assess any complaint received by the Planning Authority which relates to Amplitude Modulation and shall be used to regulate any identified effects.

Reason: In order to protect residential amenity.

9. That prior to any works start on site a Construction Method Statement shall be submitted to and approved by the Planning Authority. The Construction Method Statement should cover:

• Detailed and scaled map to include the anticipated cable routeing, site storage compound (if applicable), substation (if applicable), on site switch gear (if applicable) and equipment store (if applicable). Details of any change to the layout shall be submitted to and approved by the Planning Authority. • Details of all on site construction, including drainage and pollution prevention, post- construction restoration works (including any temporary road removal). For the avoidance of doubt these works should accord with the latest SEPA Pollution Prevention Guidelines. • A dust management plan during the construction period. • Details of the working and re-instatement of borrow pits (if required). • A pollution prevention plan. • Protection Measures to minimise ecological impacts as indicated in paragraphs 7.10 to 7.12 in the ES.

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

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

10. That the turbines shall not be brought into operation until the applicant has demonstrated that they agreed with the Ministry of Defence, NATS and CAA the following information:

• Construction start and end dates of the turbines; • The position of the turbine towers in latitude and longitude; • The height of the turbines in metres above ordnance datum and above ground level; and • The proposed methodology for lighting the turbines

Reason: In the interests of aviation safety.

11. That each turbine shall be fitted with 25 candela omni-directional red lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200ms to 500ms duration at the highest practicable point unless otherwise agreed in writing with the Planning Authority in consultation with the MOD. Written confirmation that the lighting has been installed to the satisfaction of the MOD shall be submitted within 2 months of the turbines being operational.

Reason: In the interests of aviation safety.

12. At least two months prior to the commencement of any works, a full site specific Waste Management Plan shall be submitted to and approved in writing by the Planning Authority (in consultation with SEPA) and thereafter all work shall be carried out in accordance with the approved plan.

Reason: To avoid any significant harm to the environment.

13. That before development starts on site, a Compensatory Planting Plan for at least 0.38ha of forestry shall be submitted to the Planning Authority for written approval in consultation with the Forestry Commission. The plan shall include the following:

• Details of the location of the compensatory areas to be planted; • The land ownership involved; • The nature, design and specifications of the proposed woodland to be planted and the timescale for doing so; • Proposals for the maintenance and establishment of the woodland including (but not exclusively) annual checks, replacement planting, fencing; ground preparation and drainage.

Reason: To ensure that adequate tree compensatory planting is provided.

14. That the Compensatory Planting Scheme approved under Condition 13 above shall thereafter be implemented in full and in accordance with the phasing and timescales set out therein, unless otherwise agreed in writing by the Planning Authority in consultation with Forestry Commission Scotland.

Reason: To ensure that adequate tree compensatory planting is provided.

15. That prior to any works starting on site a Traffic Management Plan including proposed routing of vehicles, road upgrades or widening works and temporary removal of any street furniture shall be submitted and approved in writing by the Planning Authority and thereafter shall be implemented throughout the duration of construction works on site unless otherwise agreed in writing.

Reason: In the interest of Road Safety

16. That prior to any works starting on site details of the finalised transportation route for the turbines shall be submitted together with a scheme of measures required to both the trunk and local road networks to accommodate the size and length of the loads being delivered for the written approval of the Planning Authority in consultation with Transport Scotland and the Roads Authority.

Reason: In the interest of Road Safety

17. That BEFORE the development hereby permitted starts, details of mitigation for potential ice throw shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of public safety

18. That should shadow flicker problems be identified within three years of the erection of the turbine, details of measures to overcome shadow flicker problems at any affected receptor shall be submitted to, and approved in writing, by the Planning Authority within two months of the first report of problems; thereafter the approved measures shall be brought into operation and shall continue throughout the operation of the wind turbine except as may be agreed in writing by the Planning Authority.

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

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

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

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

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

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

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

22. That prior to the commencement of development a construction methodology statement for protected species including:-

• Measures for protection during site clearance works for reptiles during the active reptile season (March-October) inclusive with a suitably qualified ecologist shall carrying out a destructive search of the rubble piles at the northern part of the development area. • Measure for protection of birds during site clearance works should they be carried out during the bird breeding season.

Thereafter construction of the development shall be in accordance with this approved statement.

Reason: To ensure the protection of species on site.

Background Papers:

Consultation Responses:

NLC Landscape received 28th September 2017 NLC Greenspace received 1st November 2017 The Coal Authority received 5th October 2017 Environmental Health (including Pollution Control) received 28th September 2017 Scottish Natural Heritage received 24th October 2017 Scottish Environment Protection Agency received 1st November 2017 Glasgow Airport received 10th November 2017 National Air Traffic Services (Safeguarding) received 20th September and 2nd October 2017 Transport Scotland received 28th September 2017 Scottish Government's Directorate for The Built Environment received 20th September 2017 Ministry Of Defence received 3rd October 2017 JRC Wind Farm Enquiries received 20th September 2017 West Lothian Council received 4th October 2017 Forestry Commission Scotland received 9th October 2017 Historic Environment Scotland received 5th October 2017 Archaeology Service received 28th September 2017 Atkins Global received 27th September 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500

Report Date:

30th November 2017 APPLICATION NO. 17/01478/FUL

REPORT

1. Site Description

1.1 The proposed site is located approximately 1.4Km northeast of Harthill, 1.9Km southeast of the edge of the settlement at Blackridge and 200m north of the M8 motorway. The site is accessed off an existing farm access track which accesses the public road within the West Lothian Council area to the north. The application site is entirely within the North Lanarkshire Council boundary area however the boundary with West Lothian Council is adjacent to the northern boundary of the application site. The proposed site is comprised of and surrounded by a mixture of woodland and grassland situated on an undulating site.

1.2 The site lies approximately 275m east of the operational turbines associated with the previous three developments comprising 6 turbines at Torrance Farm, Netherton Farm and Southrigg. The nearest residential properties are approximately:-

Southrigg Farm approx 730m to the north Netherton Farm approx 1.3Km to the west Torrance Farm approx 1.3Km to the northwest Balgornie approx 1.2Km to the east (within West Lothian Council) Edge of Greenrigg 1.1Km to south west Approximately 650m north of Polkemmet Country Park (within West Lothian Council) Edge of Whitburn approx 1.4Km south east (within West Lothian Council) Edge of Blackridge approx 1.9Km (within West Lothian Council) Edge of Armadale approx 1.9Km (within West Lothian Council)

2. Proposed Development

2.1 Planning permission is sought for a wind turbine with ancillary works including, external substation housing unit (measuring 3.9m wide, 5.53m deep and 3m high), external transformer unit (measuring 3.23m wide, 2.68m deep and 2.65m high), cable connections and crane hardstanding. The total generating capacity of the turbine will be up to 1.5 MW with the proposed access from a road on the northern boundary of the site utilising the existing access created for a nearby turbine.

2.2 The applicant has not confirmed which model of wind turbine would be used at this site; however, in order to carry out an assessment of potential impacts the applicant has advised that the turbine would have a maximum tip height of 128.5m, assumed hub height of up to 85m and a rotor diameter of up to 87m (e.g. similar height as the adjoining turbines.

2.3 The turbine would be designed with an operation life of 25 years and at the end of this period the developer would decommission the turbine at which time the infrastructure would be removed and the site reinstated.

3. Applicant’s Supporting Information

3.1 The applicant sought confirmation on the need for EIA by submission of both a Screening and Scoping Opinion on 12th May 2017 which was assessed in terms of the 2011 regulations and determined to require that the application be accompanied by an EIA.

3.2 An Environmental Statement (ES) was submitted in terms of the 2011 regulations outlining the environmental effects of the proposed development. The submitted ES includes chapters on:

• Introduction (including site description, applicant details, EIA Regulations and Purpose of Report). • EIA Approach and Methodology (including Screening/Scoping, impacts and mitigation measures). • The Development including description of proposals and constraints. • Planning policy and Climate Change (including national and local planning policy). • Noise • Landscape and Visual Impact • Ecology and Ornithology • Forestry • Hydrology, Hydrogeology and Geology • Cultural Heritage • Infrastructure, Aviation, Safety and Shadow Flicker • Transport and Access • Conclusion

4. Site History

4.1 In terms of surrounding wind turbine developments there are the following:-

• As mentioned in paragraph 1.2 above, there are three operational wind turbines at Torrance Farm (125m to blade tip) approximately 1050m north west, two operational turbines (125m to blade tip) at Netherton Farm 925m west of the proposed application site and the original Southrigg turbine (125m to blade tip) is located 275m west of the proposed turbine and was approved by appeal decision PPA-320-2086 on 12th August 2015.

• Four operational wind turbines (47.1m blade tip) at Blairmains Farm approximately 5km to the west and another two at Knowehead farm (34.2m blade tip) approximately 4Km west both north of the M8

• A single wind turbine consented at Hill of Harthill (47.1m blade tip) located approximately 2.4Km to the west.

• A single wind turbine operational at Wester Hassockrigg (78m to blade tip) which lies southwest of the M8 junction approximately 5.8km away.

• A single operational turbine (76m to tip) at Shotts Golf Club which lies approximately 5.5Km south west.

4.2 In terms of other notable surrounding wind farm proposals there is West Benhar windfarm (8 turbines) which lies approximately 3.4Km south which is approved but not yet constructed. Hartwood windfarm (7 turbines) which the reporter has issued a notice of intention and is minded to approve subject to agreement in relation to provision of a financial guarantee for decommissioning and site restoration lies approximately 9Km south west. In terms of the wider Fortissat area the operational Black Law windfarm lies further to the south of West Benhar windfarm.

5. Development Plan

5.1 Clydeplan 2017 is the relevant Strategic Development Plan and the site is identified within Diagram 6 Onshore Wind Spatial Framework as being within an area with potential for wind farm development. Schedule 14 Strategic Scales of Development identifies development likely to impact the on the SDP vision and spatial development strategy and identifies development for wind turbines with generating capacity of over 20MW as having strategic significance. As this site falls within the area of search for wind energy identified in Diagram 6 and is less than 20MW it is therefore considered that the proposals raise no strategic issues and therefore the detailed assessment of the application can be carried out against the terms of the North Lanarkshire Local Plan as per Diagram 11 Assessment of Proposals in Clydeplan.

5.2 The site is designated both as NBE 3B (Assessing Development in the Rural Investment Area) and EDI 2C2 Opencast Coal Extraction Search Area within the Adopted North Lanarkshire Local Plan. Policies DSP 4 Quality of Development and EDI 3A2 (Assessing Economic Development and Infrastructure Proposals) including Supplementary Planning Guidance 12 ‘Assessing planning applications for wind turbine developments’ are also relevant.

6. Consultations

6.1 The following consultees have no objection or comment to make on the proposed development: Joint Radio Company (JRC on behalf of Scottish Power and Scotia Gas Networks), Atkins (on behalf of Scottish Water), Archaeology Service, Transport Scotland, Historic Environment Scotland,

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

i. NLC Landscape are content that the information submitted in connection with the Landscape and Visual Assessment clearly demonstrates that the proposed single turbine, although a significant large structure in the landscape, will be seen in the context of the existing operational turbines and will appear as part of that overall grouping. Whilst NLC Landscape indicate that their primary concern would be the cumulative effect given the location, topography and intervisibility with other wind farms in the locality they are satisfied that this development is sited carefully enough to avoid coalescing of large and small developments. NLC Landscape conclude that the addition of this turbine to the existing grouping will not create any significant additional adverse landscape or visual effects.

ii. NLC Environmental Health (including Pollution Control) comment that having reviewed the noise impact assessment they are satisfied with its conclusions on the basis that Southrigg Farm has a financial involvement in the scheme as noted in the Environmental Statement. They therefore have no objection to the proposed development in terms of noise impact subject to conditions relating to operational noise limits based on the predicted noise levels detailed within table 5.6 of the Environmental Statement.

iii. NLC Traffic and Transportation has not commented on the proposed development, however as noted above the development proposes to utilise an already existing access deemed acceptable by the NLC Traffic and transportation for a similar sized adjacent turbine. A similar condition requiring the submission of a Traffic Management Plan including proposed routing of vehicles, road upgrades or widening works and temporary removal of any street furniture is recommended to cover such matters.

iv. NLC Greenspace has no objection to the proposed development subject to conditions in relation to protection measures for protected species and submission of a pollution prevention plan.

v. Scottish Environment Protection Agency (SEPA) had no comments to make other than highlighting their standing advice relating to small scale wind turbine developments.

vi. Scottish Natural Heritage (SNH) has no objection to the proposed development subject to protection measures for protected species indicated in paragraphs 7.10 to 7.12 of the Environmental Statement being implemented.

vii. West Lothian Council (WLC) does not object to the planning application but notes that the proposed single turbine is of full commercial height and brings a growing number of large wind turbines in the vicinity of West Lothian and in particular Whitburn and Armadale. WLC notes that Figure 11-1 Shadow Flicker, indicates that there are no direct potential impacts for nearby West Lothian settlements, however they maintain concerns about the intensification of wind energy development in the panhandle area of North Lanarkshire near the county towns of Blackridge, Greenrigg, Armadale and Whitburn.

viii. Forestry Commission Scotland (FCS) has no objection to the proposed development and agree that 0.38ha of compensatory planting should be subject to a suitable planning condition.

ix. Ministry Of Defence has no objection subject to conditions relating to construction and lighting.

x. The Coal Authority has no objection subject to inclusion of an advisory note regarding intrusive activities be included on any consent granted.

xi. Glasgow Airport and NATS have no objection to the proposed development. Having consulted Edinburgh Airport they have made no comment in relation to the proposed development however it is noted that they made no objection to the application for a similar turbine 275m away in their response to that application in 2014.

7. Representations

7.1 Following the standard neighbour notification process, EIA processes and newspaper advertisements one letters of representation has been received. The points of representation from a nearby resident can be summarised as follows:-

• Noise and disturbance associated with the construction of the turbine. • Proliferation of turbines at this location. • Noise and vibration and impact on wellbeing and health of residents • Impact on wildlife, forestry and ecology • Visual and cumulative impact of the proposals which will have a surrounding effect on the property. • Shadow Flicker

8. Planning Assessment

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

North Lanarkshire Local Plan

8.2 NBE 3B Assessing Development in the Rural Investment Area: The site is located within the Rural Investment Area and this policy aims to protect the character of and promote appropriate development within these areas by restricting development to specific types. Generation of power from renewable sources is considered an acceptable type of development. The policy then lists impact criteria for assessing the acceptability of development. The development must comply with the undernoted criteria:

• Have a positive economic benefit • Minimise any adverse environmental impacts • Do not pose undue infrastructure implications • Have a specific locational need • Be of suitable scale and form for the location • Applications include a landscape assessment • Adherence to Scottish Planning Policy • Will not adversely affect the integrity of European Sites

8.3 It is considered that the proposed development will have employment (both direct and indirect) which the construction, operation, servicing and decommissioning of the proposed wind turbine would generate. It is therefore considered that there would be a positive economic benefit.

8.4 The remaining criteria are best assessed through policy EDI 3A2 below and it is noted that the ES includes an assessment of each of the points above.

8.5 EDI 2C2 (Opencast Coal Extraction Search Area) the site is located in an area designated as an area of search for opencast coal which aims to satisfy market demands for minerals by directing proposals for construction materials and opencast coal to these areas. The site is not currently mined but extensive mining has taken place within the wider area in the past, therefore there is potential for minerals to remain within the site. As this development would have a temporary lifespan of 25 years it is considered that this development would not permanently sterilise any local coal or mineral supplies to the detriment of this policy. The need for minerals and coal could be reconsidered at the end of the 25 year lifespan of the wind farm and therefore the development is not contrary to this policy.

8.6 Policy EDI 3A2 (Assessing Economic Development and Infrastructure Proposals): This policy states that the Council supports, in principle, all forms of renewable energy generation subject to these meeting the criteria contained in the approved Supplementary Planning Guidance (SPG12) relating to issues of scale, cumulative impacts, community benefit and restoration. A detailed assessment of these issues is considered below.

8.7 Landscape, Visual and Cumulative Impact: The proposed windfarm is located within zone 1 of the Wind Farm Areas of Search Map in SPG12 Assessing Wind Farm Developments which indicates that this area has the greatest capacity within North Lanarkshire for wind turbines of all scales therefore there is support, in principle, from this SPG. Since the Areas of Search map was first published substantial interest has been generated in this area. This assessment of landscape capacity has been updated by a further study, The Fortissat Ward Wind Energy Landscape Capacity Study (December 2013), was undertaken to help assist in the consideration of wind energy developments given the interest in the area and is discussed further below. This document was approved by Committee on 20 February 2014. In short, this document has found that there is medium-high capacity and moderate visual sensitivity for this scale of wind turbine development in this area given the current situation.

8.8 It is recognised that the introduction of a wind turbine of this scale would inevitably result in a landscape impact and in it being a prominent feature within the landscape; however, it is considered that the effect on the characteristics of the landscape or long distance views would not be so significant given that it would integrate with the existing cluster of six turbines.

8.9 NLC Landscape are content that the information submitted in connection with the Landscape and Visual Assessment in the Environmental Report demonstrates that the proposed single turbine, although a significant large structure in the landscape, will be seen in the context of the existing six operational turbines and will appear as part of that overall grouping. The impact will thus be related to an addition to an existing turbine array rather than an individual development. In this case they have no objections to this application in terms of adverse landscape and visual impact.

8.10 It is considered that the landscape has capacity for a development of this scale and the wind turbine design and layout would not have any significant landscape impact. This is supported by the Area of Search Map within SPG12 and the Fortissat Ward Wind Energy Landscape Capacity Study (December 2013). Notwithstanding, the proposed wind turbine must also be assessed in terms of Visual Impact and Residential Visual Amenity.

8.11 It is acknowledged that the proposed turbine site is approximately 830m away from Polkemmet Country Park, 1.25Km to the edge of Greenrigg and 2Km away from the new settlement on the edge of Armadale (De Bosco Road, Hanlin Park). In addition the development is 1.5Km from the edge of Whitburn and 2.1Km away from the edge of Blackridge and forms effectively an extension to the existing six operational turbines at Torrance, Netherton and Southrigg Farms. Scottish Planning Policy (SPP) recommends a setback distance of 2km to be applied when considering search areas suitable for wind farm developments in the Local Plan or Local Development Plan. This does not require to be applied to individual applications which require to be assessed on their own merits. A study of the visual impact on these settlements and the individual properties within 2Km of the site boundary has been carried out by the applicant.

8.12 The impact of the turbine on Polkemmet Country Park is concluded within the Environmental Report to have a magnitude of visual change to be medium-low and the extent of the effect of the turbine considered to be moderate. In terms of Greenrigg the magnitude of visual change is considered to be low and the extent of the effect of the turbine considered moderate to minor. In terms of the new settlement on the edge of Armadale (De Bosco Road, Hanlin Park) it is considered that the magnitude of visual change to be low and the extent of the effect of the turbine considered moderate to minor. Although the development will be visible from various surrounding receptors it is considered that given the limited impact from the identified viewpoints it is not considered that the addition of a turbine at this location have a significant visual impact on the area or indeed impact significantly on residential amenity.

8.13 It is inevitable that a wind turbine, particularly of this scale, will alter the view from a number of individual residential properties within the surrounding area. In this case the closest individual residential receptors are Southrigg Farm approximately 685m away, Netherton Farm approximately 1.3Km away, Torrance Farm approximately 1.3Km away, Edencroft approximately 1.1Km away and Balgornie approximately 1.2Km away. It is considered that although the development will be visible from these individual properties, the proposed wind turbine will be seen in the context of an addition to the existing cluster. Having assessed the proposed development and submitted Environmental Statement and taking account of the comments received from NLC Landscape it is considered that the turbine can be accommodated at the proposed location and would not cause a significant visual impact from surrounding individual receptors.

8.14 Natural Heritage: The majority of the site consists of conifer and broad leaved plantation woodland with semi improved neutral grassland. SNH comment that they have no objection to the development subject to implementation of adequate protection measures for protected species as outlined within the ES and these matters are controlled by condition. NLC Greenspace offer similar comments that they have no objection subject to adequate protection measures for protected species and submission of a pollution prevention plan.

8.15 Forestry: Given that the site is located within an area of forestry some tree felling would be required to accommodate the proposed windfarm and a scheme of compensatory planting is proposed. The Forestry Commission Scotland were consulted and recommended conditions relating to the submission of and approval of a compensatory planting scheme and its implementation.

8.16 Noise: Operational Noise: The Noise Impact Assessment concludes that the noise from operation of the proposed wind turbine as an individual entity would comply with the requirements of ETSU-R-97 at all residential locations and, as such, operation wind turbine noise is not significant under the terms of the EIA Regulations. No mitigation measures are identified or required during the operational phase of the proposed wind farm.

8.17 Cumulative Operational Noise: The Noise Impact Assessment concludes that the noise from cumulative noise levels will not exceed the derived operational day and night time limits at critical wind speeds given the separation distance and that the impacts of the proposal alone are lower than the acceptable levels according to ETSU-R-97.

8.18 Construction and Decommissioning Noise: It is inevitable that, as with the construction of any new development, that there will be some disturbance caused to those nearby during the construction phase. However, this is temporary in nature and in general will be limited and as such construction noise, when following best practice guidance, is unlikely to cause any significant noise issues. This is also likely to be the case when decommissioning works are carried out.

8.19 NLC Protective Services recommended that a condition be placed on any consent applying overall noise limits and a condition relating to amplitude noise. In terms of noise it is considered that the proposed development is acceptable as it can operate satisfactorily in its own right and cumulatively in relation to surrounding windfarm developments.

8.20 Shadow Flicker: The Scottish Government Onshore Wind Farms factsheet indicates that shadow flicker should not be an issue where a separation distance of 10 rotor diameters is retained between the turbine and nearest dwelling. In this case 10 rotor diameters is 870m. The Environmental Report submitted by the applicant includes a chapter assessing shadow flicker and concludes that the only property within the affected distance of 870m is Southrigg farm and it is concluded that no significant shadow flicker effects are predicted for Southrigg Farm. On this basis it is considered that none of the nearby residential properties would be affected by shadow flicker and therefore the proposed turbine is acceptable in this regard.

8.21 Distance from Road, Ice Fall, Ice Throw and Malfunction: SPG 12 requires that turbines be positioned more than 1.5 times their overall tip height from any road or railway. The turbine exceed 220m from the nearest road which is the M8 Motorway.There is no statutory set back distance from a public road but it is accepted good practice to apply a setback distance of 1.5 times the overall height of the turbine to blade tip. In this case that would equate to 192.75m which is adequately met.

8.22 In accordance with the SPG the existing stand-off proposed in excess 220m to the nearest motorway and 1200m standoff to the nearest public footway is considered more than acceptable and the numbers of pedestrian at potential risk from turbine malfunction would be minimal. It should also be considered that at times of most likely malfunction (high winds, severe weather conditions) the number of likely pedestrians will be low in any event.

8.23 Related to the issue of distance from footpaths is Ice Throw. Given the distance to the public footways and motorway and the likely climatic conditions of the site it is considered highly unlikely that this would occur. As such it is not considered to be a significant concern in this instance.

8.24 Aviation, Radar and Telecommunication Interference: Glasgow Airport, NATS and the MOD have no objection to the application. Edinburgh Airport have not commented on the proposed development however as noted above they made no objection to the application for a similar turbine 275m away in their response to that application in 2014.

8.25 No telemetry links are affected.

8.26 In terms of TV/ Radio reception and radio waves it is noted that following the digital switchover the impact of wind turbines on these signals is anticipated to be negligible. To ensure this is the case it is considered prudent to include a condition should planning permission be approved ensuring that an assessment of TV reception is carried out before and after the wind farm is constructed.

8.27 Transport Route, Access Considerations and Infrastructure: Transport Scotland has no objection to the proposed development. NLC Traffic and Transportation has not commented on the proposed development, however as noted above the development proposes to utilise an already existing access deemed acceptable by the NLC Traffic and transportation for a similar sized adjacent turbine. A similar condition requiring the submission of a Traffic Management Plan and adherence to the measures outlined within the submitted ES.

8.28 Cultural Heritage: Historic Environment Scotland (HES) having reviewed the submitted ES confirms that the proposal is unlikely to have significant adverse impacts on nationally important heritage assets. The council’s archaeology advisors have confirmed that they do not object to the proposals or recommend any conditions for protection of archaeological assets.

8.29 Restoration: As the development would involve less than three wind turbines it is advised that should planning permission be approved then restoration of the site should be secured through a suitably worded planning condition.

8.30 Policy DSP 1-3 Amount, Location and Impact of Development: The study carried out in the NLC Strategic Planning Study Technical Report TR/NLC/05 – Wind Farm Search Area Review in support of the North Lanarkshire Local Plan shows this site as lying within Zone 1 which indicates that this area has the greatest capacity within North Lanarkshire for wind turbines of all scales. It is therefore considered that the proposal accords in principle with DSP1 and DSP2 subject to a thorough assessment against all other relevant criteria. In terms of DSP3 there are no infrastructure impacts which require to be addressed by legal agreement.

8.31 DSP 4 Quality of Development: This policy primarily provides criteria to assess and ensure a high quality of design within a development. Given the nature of this application it is considered that it is best assessed under the terms of EDI 3A2 above.

Other Material Considerations

8.32 Fortissat Ward Wind Energy Landscape Capacity Study (December 2013): Fortissat Ward Wind Energy Landscape Capacity Study (December 2013): Due to the interest in wind energy development in Ward 12 (Fortissat) the Council have undertaken a landscape capacity study for the area to assist in assessing the potential visual and landscape impact of wind energy development in this area. The area of this development has been defined as North-East Harthill Plateau and is considered to have a moderate visual sensitivity and low- moderate landscape sensitivity to commercial scale turbines (turbines above 80m in height) wind energy development. Given this, the area has been classified as having medium-high capacity to accommodate wind energy development of this scale subject to detailed considerations. The detailed assessment comments that the area north of Harthill has capacity to accommodate wind energy development without significant detriment to landscape character or potentially sensitive views. Further commercial-scale turbines to the north of Harthill may create an acceptable group within the landscape without significant detriment to its character. The report indicates that the main considerations are likely to be views from the south. It is considered however that the proposed turbine would integrate within the existing cluster of turbines approved and would thus not have a significant visual or cumulative impact such to warrant refusal of the application in this instance.

8.33 Scottish Planning Policy (SPP): provides guidance in relation to assessing planning applications for onshore wind proposals. This advises proposals should always take account of spatial frameworks for wind farms where these are relevant. The SPP provides a list of criteria to be considered in deciding applications for wind turbine developments. The criteria will vary depending on the scale of development and its relationship to the characteristics of the surrounding area, but with a proposal of this nature are likely to include:

• Economic impacts • The scale of contribution to renewable energy generation targets • Effect on greenhouse gas emissions • Cumulative impacts • Impacts on communities and individual dwellings (including visual impact, residential amenity, noise and shadow flicker) • Landscape and visual impact (including effects on wild land) • Effects on the natural heritage (including birds) • Impacts on carbon rich soils (using the carbon calculator) • Public access (including impact on long distance walking and cycling routes and scenic routes identified in the NPF) • Impacts on the historic environment • Impacts on tourism and recreation • Impacts on aviation and defence interests and seismological recording • Impacts on telecommunications and broad casting installations • Impacts on road traffic and adjacent trunk roads • Effects on hydrology (the water environment and flood risk) • The need for conditions relating to the decommissioning of developments (including ancillary infrastructure and site restoration) • Opportunities for energy storage • The need for a robust planning obligation to ensure that operators achieved site restoration.

8.34 Representations: In terms of the letters of objection noted in section 7 above the following comments are offered:

i) Noise and disturbance associated with the construction of the turbine. ii) Noise and vibration and impact on wellbeing and health of residents

Response: In terms of points i), noise impact is discussed in detail in paragraphs 8.16-8.19 above. Protective Services have indicated that the development would accord with the relevant guidance relating to noise subject to conditions relating to overall noise limits and a condition relating to amplitude noise. In terms of point ii) it is not considered that the development will have a detrimental impact on the wellbeing and health of residents given that the proposals raise no concerns in relation to noise or vibration as indicated from the comments received from Protective Services.

iii) Proliferation of turbines at this location. iv) Visual and cumulative impact of the proposals which will have a surrounding effect on the property.

Response: In terms of points (iii-iv) the landscape and visual impact is addressed within paragraphs 8.7-8.13 and 8.32 above. On balance, overall it is considered that the landscape and visual impacts are acceptable in this instance.

v) Impact on wildlife, forestry and ecology

Response: As discussed in paragraphs 8.14 and 8.15 above it is considered that the ES and additional information submitted outline suitable mitigation measures to minimise any adverse impacts on wildlife, forestry and ecology. SNH, the Forestry Commission and NLC Greenspace have reviewed the information submitted and have no objections subject to conditions.

vi) Shadow Flicker

Response: Shadow Flicker is discussed in paragraph 8.20. Due to the distance from residential dwellings, their orientation and positioning it is considered that none of the nearby residential properties would be affected by shadow flicker to an unacceptable degree and therefore the proposed turbine is acceptable in this regard. A condition is also added that requires further mitigation should shadow flicker problems be identified within three years of the erection of the turbine on neighbouring receptors. Similarly, in terms of road users it is considered that the distance from the roads running past the site would mitigate any potential impact. It is noted that neither NLC Traffic and Transportation or Transport Scotland has identified shadow flicker as being an issue.

9. Conclusions

9.1 Taking into above into account it is considered that the proposed development would accord with the Clyde Plan SDP; policies NBE3B, EDI 3A2 (including SPG) and DSP4 of the Adopted North Lanarkshire Local Plan and Scottish Planning Policy. The information submitted with the planning application including the Environmental Statement has provided sufficient evidence that the turbine could be accommodated within the site without causing significant environmental impact. Detailed consideration and significant weight has been attached to the concerns of visual impact particularly in relation to individual properties which lie within 2km of the site. Whilst it is acknowledged there will be some impact on visual amenity, to varying degrees, it is considered that this does not outweigh the environmental benefits of this proposed turbine. All matters raised by consultees have been considered and can be adequately be resolved through appropriate planning conditions. Due consideration has been given to the representation objecting to the application; however, no reason has been found to uphold them and warrant the refusal of this application. It is therefore recommended that planning permission is granted subject to conditions.

Application No: Proposed Development:

17/01664/FUL Proposed Housing Development - Erection of 64 Dwellings, Including Roads, Parking and Associated Landscaping

Site Address:

Site South Of Orchid Place, Uddingston

Date Registered:

3rd October 2017

Applicant: Agent: Cruden Estates Ltd Hypostyle Architects Cruden Campus 49 St Vincent Crescent 5 Clydesmill Road Glasgow Cambuslang Glasgow Glasgow G3 8NG G32 8RE

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 14 Thorniewood No letters of representation received. Steven Bonnar, Robert Burrows, Hugh Gaffney

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed residential development complies with the relevant policies of the adopted Local Plan. In terms of design it is considered that the development would integrate satisfactorily with the surrounding area and not result in significant adverse impact on established residential amenity.

Legal Agreement

Planning permission should not be issued until North Lanarkshire Council has completed an agreement with South Lanarkshire Council to address education impact issues within South Lanarkshire Council relating to Uddingston Grammar School, Old Glasgow Road, Uddingston, G71 7BT, being the secondary school for the catchment area applicable to the application site.

Reproduced by permission Planning Application: 17/01664/FUL of the Ordnance Survey on Name (of applicant): Cruden Estates behalf of HMSO. © Crown Copyright and database Ltd right 2009. All rights Site Address: Site South Of Orchid reserved. Ordnance Survey Place, Uddingston

Licence number 100023396. Development: Proposed Housing Development - Erection of 64 Dwellings, Including Roads, Parking and Associated Landscaping

Proposed Conditions:-

1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings include: AL (0) 001, AL (0) 002 Rev C, AL (0) 004, AL (0) 010 Rev A, AL (0) 020, AL (0) 021, AL (0) 022, AL (0) 023 Rev A (Inclusive).

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

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

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.

3. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas and all boundary treatments, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) Details of any earth moulding and hard landscaping, grass seeding and turfing; (b) A scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted. For the avoidance of doubt this scheme shall include structure planting along the northern boundary of the site. (c) A timetable for the completion of these works contemporaneously with the development.

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

4. That all works included in the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

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

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

Reason: To ensure the suitability of the site for the proposed development and to establish the extent and nature of any ground contamination in the interests of the amenity and wellbeing of future residents.

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

Reason: To ensure that any necessary decontamination works (required by condition 5) are carried out in a timely fashion.

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

Reason: To ensure the provision of satisfactory drainage arrangements.

8. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the Planning Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.

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

10. That before the development hereby permitted starts, Construction Method Statements (CMSs) shall be submitted to and approved in writing by the Planning Authority, and thereafter be adhered to for the duration of the works. The CMSs shall address:-

• Access by construction traffic • The location of the site compound

Reason: To safeguard the amenity of the local environment and nearby communities

11. That before the development hereby permitted starts the applicant is required to submit a revised housing layout plan which meets the minimum curve standards at the junction of Acer Gardens at its junction with Orchid Place.

Reason: In the interests of road safety and to ensure that the road layout is capable of being adopted.

Background Papers:

Consultation Responses: Scottish Environmental Protection Agency, received on 9th October 2017 Scottish Water, received 8th October 2017 Traffic & Transportation, received 28th November 2017 NLC Education Resources, received 22nd November 2017 SLC Education Resources, received 28th November 2017 Play Services Manager, received 9th October 2017 Protective Services (including Pollution Control), received 12th October 2017

Contact Information: Any person wishing to inspect these documents should contact Mr Craig McIntyre at 01236 632500

Report Date: 4th of December 2017 APPLICATION NO. 17/01664/FUL

REPORT

1. Site Description

1.1 This application seeks planning permission for the construction of 64 residential dwelling houses on the site of the former St Gabriel’s primary school, approx 2.3Ha. The site is rectangular in shape with residential development located along the northern, eastern and western boundaries. The land to the south of the development is Burnhead Park, an area of public open space. Residential development in the area is characterised by predominantly two storey semi-detached and terraced housing. The site is well connected to the public road network, public transport provision and the footpath network in the area. The proposal comprises 64 houses which have been designed to reflect the scale and massing of the character of the area. The site rises gradually by five metres from the north east to the south west corner of the site. There are existing mature trees in the southern edge of the site close to Burnhead Park. The development site represents the fourth and final phase of development on the former St Gabriel’s and Burnhead primary school sites in Viewpark. The Council marketed the site via a development brief and Cruden Estates Ltd was selected via competition with other house builders as the preferred developer.

2. Proposed Development

2.1 The proposed housing comprises 64 units in the form of 2 storey detached, semi-detached and terraced housing, the scale and massing of which are considered to be consistent with the scale and character of the area. The design layout utilises the existing road network at Acer Gardens with new vehicular access roads formed off it. All of the houses have in- curtilage car parking to comply with the current parking standards of the Council. There are also 19 unallocated visitors car parking spaces located throughout the development. The houses all have private front and rear gardens. The houses have been designed with large windows to allow surveillance of the public street. The proposal is integrated within the sites landscape and setting with units orientated to face the park to the south of the site and new footpath connections through to the park. The external finish of the proposed housing is predominantly render with facing brick. The dual pitched roofs shall be concrete tiled. The material palette compliments the surrounding residential units. The varied housing mix for the development creates a mixed community which given the close proximity to local amenities, good public transport links, improvements to play facilities and the housing being readily adaptable to meet the changing needs of tenants over time, the development provides an opportunity to create a sustainable community.

3. Applicant’s Supporting Information

3.1 The applicant provided the following technical reports and studies in support of their proposal:-

• Design and Access Statement • Pre Application Consultation Report

4. Site History

4.1 The following applications relate to the redevelopment of the former St Gabriel’s and Burnhead primary schools campus.

• 11/00424/FUL Construction of 40 houses and associated access and landscaping works, site of former St Gabriel’s primary school, Laburnum Road, Viewpark, North Lanarkshire Council (NB part of the Council’s New Build Social Housing Programme) • 06/01268/FUL Construction of 16 houses and associated access and landscaping works, site of former Burnhead primary school, Cedar Drive, Viewpark, Clyde Valley Housing Association. • 06/01267/FUL Construction of 16 houses and associated access and landscaping works, site of former Burnhead primary school, Cedar Drive, Viewpark, Clyde Valley Housing Association

5. Development Plan

5.1 The application site is located within an area covered by policy HCF 2 A1 Sites for short term housing development in the North Lanarkshire Local Plan. This policy seeks to maintain community well-being in residential areas by protecting existing community facilities and residential areas and by a presumption against developments or land uses which would be detrimental to residential amenity. Policy DSP 4 (Quality of Development) is also relevant and is addressed in detail in the Planning Assessment Section below.

6. Consultations

6.1 The following consultation responses have been received:

Traffic and Transportation have no objection to the proposal subject to a number of recommendations relating to road junction widths and sightlines. The submitted plan needs to be amended to respond to these points and this will be covered by a condition attached to the development

Protective Services raise no objection to the application and have provided comments on potential impact during the construction phase from (noise, dust and nuisance). To ensure potential risks arising from previous land uses around the site have been fully assessed, before the development starts, a comprehensive site investigation requires to be submitted to the satisfaction of the Local Authority. The investigation must be carried out. It is therefore recommended in order to progress this application that a condition is attached addressing potential remediation arising from ground investigation works.

Education Resources confirmed that the development is within the catchment areas of Tannochside and St John Paul II Primary schools which in turn feed to Uddingston Grammar and Cardinal Newman High School for secondary provision. It is anticipated that the catchment schools within North Lanarkshire will have capacity issues within the primary sector, however, this would be addressed by restricting the number of placing requests adopted at these schools. North Lanarkshire Council’s Education Service therefore will not request a developer contribution in respect of this development and raises no objections. South Lanarkshire Council’s Education Service have intimated that the impact of the development on education resources at Uddingston Grammar requires a financial contribution currently estimated at £255,808 (or £3,997 per unit). This payment will be addressed as part of a legal agreement between North Lanarkshire Council and South Lanarkshire Council which would require to be concluded prior to the issuing of planning permission.

Play Services have noted that a development of this size requires on-site play provision comprising a minimum of 1500 square metres open space with 500 square metres of this equipped play space. However, due to the limitations of space within the site and the proximity of public open spaces, Play Services have agreed to a contribution towards off-site provision. The off-site contribution will be used to enhance the current play provision located at Banyan Crescent to the north east of the site. The financial contribution to off-site play provision is £32,000, calculated at £500 per house. This payment will be addressed as part of the sale of the land from North Lanarkshire Council to the developer.

Scottish Environmental Protection Agency (SEPA) has no objection to the proposal, they have confirmed that the proposals must provide 2 levels of treatment and attenuation for the developments surface water and must be in accordance with the SUDS manual.

Scottish Water has no objection to the proposal and has confirmed that there is currently sufficient capacity in the Camps 199 water Treatment works. The proposed development will be served by Daldowie 1974 Waste Water Treatment Works, however, Scottish Water are unable to confirm capacity at this time and therefore encourages the applicant to provide a Pre development enquiry (PDE) Form and submit it to them for consideration. They also encourage early consideration of the proposed SUDS system.

7. Representations

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

8. Planning Assessment

8.1 This application seeks planning permission for the construction of 64 residential units within an established residential area.

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

8.3 North Lanarkshire Local Plan Policy HCF 2 A1 Sites for short term Housing Development applies to this site therefore the principle of residential development on the site has been established. This site was formerly occupied by St Gabriel’s primary school and following its closure, the buildings have since been demolished and the site marketed for residential development. Taking this into account and given that the site is located within a predominantly residential area, it is considered that the proposed residential development is fully compliant with the local plan policy.

8.4 The proposal also needs to be assessed against Policy DSP3 Impact of Development, in that where a development places additional demands on community facilities and public infrastructure the developer is required to contribute to the cost of providing or improving such infrastructure facilities. In this case the development impacts on the education provision within Uddingston Grammar School to a degree that a financial contribution, currently estimated at £3,777 per unit is has been requested by South Lanarkshire Council to improve facilities within the school. This financial contribution will be covered by a legal agreement and transfer of funds between North Lanarkshire Council and South Lanarkshire Council.

8.5 Policy DSP 4 is also relevant in considering the proposal design quality, Policy DSP 4 Quality of Development considers development site specific impacts, and provides a range of assessment criteria which are addressed in turn below:

8.6 Part 3(a) of the policy considers siting, overall layout, density, form, scale, height, massing, proportion, detailing, colour, materials and landscaped space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity. For the purposes of this report parts 3(a) and (f) have been considered together as they are so closely linked in terms of the overall assessment.

8.7 The proposed two storey dwellings do not represent a departure from existing dwellings immediately adjacent on the site boundary. As such, the development will not have a significant impact on existing townscape and may be seen as positive in the context of the wider significant regeneration benefits to the Viewpark area. On balance therefore the wider townscape impacts of the development are considered to be within acceptable limits due to the design of the proposed dwellings and the materials proposed. It is also acknowledged that the overall build footprint within the site continues to fall within acceptable limits.

8.8 The dwellings are a mix of terraced, semi-detached, and detached houses (two storeys) comprise of dual pitched hipped roofs throughout with sections of the two storey blocks punctuated by changes in ridge height. The windows are designed to maximise solar gain and provide passive surveillance to the street and parking areas. The blocks are arranged around the perimeter of the loop and the building arrangement ensures that there is no loss of residential amenity in terms of privacy, overlooking or loss of sunlight /day light.

8.9 Given the foregoing it is therefore considered that design and layout of the development is acceptable and satisfactorily integrates with the surrounding area.

8.10 In considering open space, the document Developer’s Guide to Open Space minimum space around dwellings guidance requires that gardens are of an acceptable dimension. It is acknowledged that the layout accommodates a reasonable level of garden ground which will be enhanced by an improved landscape design. The developer is also required to contribute to improvements to off-site play facilities. The off-site contribution will be used to enhance the current play provision located at Banyan Crescent to the north east of the site. The financial contribution to off-site play provision is £32,000, calculated at £500 per house. This payment will be addressed as part of the sale of the land from North Lanarkshire Council to the developer.

8.11 The applicant while recognising the need for high quality landscaping (pre-application) the initial layout drawing demonstrates that both soft and hard landscaping requires further detailed consideration. Given the importance of the landscaping in both framing and enhancing this development, in particular boundary planting on the southern edge of the site to Burnhead Park it is considered that a condition requiring the submission of a detailed landscaping scheme should be placed on any approval in order to provide the required detail.

8.12 In considering part 3(b) of the policy which looks at whether the proposal provides a safe inclusive convenient and welcoming development which has attractive pedestrian links, integrates with public transport, wider links and assesses the access for cars and appropriate car parking, it is considered that the proposal complies with this part of the policy.

8.13 In considering Part 3(d) of the policy mitigating potential air quality, noise or pollution impacts, and no significant impact is anticipated by virtue of the scale and type of development. It is acknowledged that there will be noise associated with construction works; however, this impact will be temporary in nature with the completed development constituting of everyday noise associated with any residential development. It is considered that the proposal complies with this part of the policy.

8.14 An initial drainage strategy has been discussed at pre-application stage and whilst the principle of this strategy is considered acceptable a condition shall be placed on the consent requiring the implementation of the scheme to be agreed with Scottish Water, and signed off by a chartered engineer as complying with SEPA’s guidance on suds, on completion of drainage works. As such the proposal complies with Part 3(e) Protecting Water bodies and SUDS/Drainage.

8.15 Given the foregoing, the design and layout is considered to accord with policy HCF 2 A1 and satisfy the terms of policy DSP 4 in the North Lanarkshire Local Plan.

8.16 Consultees: Notwithstanding, matters raised above in consultation responses, suitable planning conditions in relation to the following, boundary treatment, soft and hard landscaping, Scottish Water approval, drainage certification, and surface finishes are recommended.

9. Conclusions

9.1 Taking the above assessment into account it is considered that the detailed design and layout of the proposal represents the significant regeneration of this site and creates a strong sense of place and identity and is welcomed as the ongoing regeneration of the wider area. On balance it is considered that the development accords with the provisions of the adopted North Lanarkshire Local Plan. It is therefore recommended that planning permission be granted subject to conditions, however, the planning permission should not be issued until North Lanarkshire Council has completed an agreement with South Lanarkshire Council to address education impact issues within South Lanarkshire Council relating to Uddingston Grammar School.

Application No: Proposed Development:

17/01781/LBC Conversion of Existing Integral Garage to Living Accommodation

Site Address:

10 Home Farm Court Shepford Place Coatbridge ML5 1RW

Date Registered:

19th October 2017

Applicant: Agent: Mrs Colette Hartie CD Architects Ltd 10 Home Farm Court 19b Academy Street Drumpellier Coatbridge Coatbridge Scotland Scotland ML5 3AW ML5 1RW

Application Level: Contrary to Development Plan: Other Application Level No

Ward: Representations: 07 Coatbridge North 8 letter(s) of representation received. Kirsten Larson, Alex McVey, Bill Shields, Allan Stubbs,

Recommendation: Refuse

Reasoned Justification:

The proposed alterations are considered to be unacceptable and cannot be accommodated within the site without adversely affecting the character and quality of the listed building. As such the proposal fails to accord with the policy provisions of the North Lanarkshire Local Plan.

Reproduced by permission of Planning Application: 17/01781/LBC the Ordnance Survey on Name (of applicant): Mrs Colette Hartie behalf of HMSO. © Crown Copyright and database right Site Address: 10 Home Farm Court 2009. All rights reserved. Shepford Place Ordnance Survey Licence Coatbridge number 100023396. North Lanarkshire ML5 1RW Development: Conversion of Existing Integral Garage to Living Accommodation

Recommendation: Refuse for the Following Reasons:-

1. The proposed development fails to accord with policies policy NBE1 B2C (Listed Buildings) and DSP 4 (Quality of Development) as it is considered that the development would have a detrimental impact on the character and appearance of the listed building and fails to safeguard the heritage value of the site and its setting given that the development would unbalance the existing uniformity of design and would add an incongruous alien feature to the detriment of the Listed Building.

Background Papers:

Consultation Responses:

Historic Environment Scotland received 16th November 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500

Report Date:

30th November 2017 APPLICATION NO. 17/01781/LBC

REPORT

1. Site Description

1.1 The application site is situated at 10 Home Farm Court, Drumpellier Coatbridge and relates specifically to an attached rear double garage associated with a dwelling. The dwelling forms part of the category B-Listed Drumpellier Farm building now known as Home Farm Court when it was converted into residential dwellings. The listed building consists of a perimeter block around a central courtyard and has a row of garages associated with the dwellings to the northern (rear) side of the block and these rows of garages flank the vehicular access gate that allows access to the parking areas of the courtyard.

2. Proposed Development

2.1 The applicant seeks Listed Building consent to convert the existing attached double garage into living accommodation with the garage doors replaced by windows and a door screen (dark brown) to match the colour of the existing windows. In addition conservation velux style windows on the roof of the garage are also proposed.

3. Applicant’s Supporting Information

3.1 The applicant has provided a planning statement in support of the application that outlines that the proposals will enhance the downstairs living accommodation of the property by providing additional accommodation and would utilise like for like window screens to match those contained within the main courtyard setting. Furthermore the statement notes that the proposed conservation velux windows match those already approved and installed at another property within the courtyard. The applicant notes that sufficient parking associated with the dwelling will remain on site.

4. Site History

4.1 The application site in terms of Home Farm Court has previously had some applications of note related to the block which include:-

• 02/01053/LBC Restoration and Conversion to Create 23 Dwellings approved 13th November 2003 • 02/01054/FUL Restoration and Conversion to Create 23 Dwellings and Associated Access Road approved 16th January 2003 • 02/01057/OUT Formation of 37 No. House Plots and Associated Roads and Parking approved 31st October 2003 • 03/01276/AMD Restoration of Dovecot and Conversion to Dwellinghouse (Amendment to Planning Permission 02/01054/FUL) approved 20th October 2003 • 03/01278/LBC Restoration of Dovecot and Conversion to Dwellinghouse approved 20th October 2003. • 03/01532/REM Erection of 32 Dwellinghouses and Associated Access Roads, Open Space and Children's Play Area (Reserved Matters in Respect to Planning Consent 02/01057/OUT) approved 3rd March 2004. • 04/02080/LBC Demolition of 2 Chimneys, Installation of New Clock Faces and Erection of Satellite Dish approved 26th January 2005. • 10/00322/FUL Conversion of Existing Attic Space to Form a Bedroom & En-Suite Facility with Additional Storage permitted development 31st March 2010. • 10/00330/LBC Formation of Velux Window, Re-Positioning of Extraction Flue, and Addition of Mezzanine Floor on 'B' Listed Building approved 20th August 2010 (Never Implemented and re-submiited by application 17/01093/LBC) • 15/02470/FUL Form New Window Opening permitted development 30th November 2015. • 15/02471/LBC Form new window opening and remove internal walls approved 25th January 2016. • 17/01092/FUL Formation of Conservation Velux Window to Roof, Reposition of Extraction Flue and Addition of Mezzanine Floor permitted development 28th July 2017 • 17/01093/LBC Formation of Conservation Velux Window to Roof, Reposition of Extraction Flue and Addition of Mezzanine Floor approved 4th August 2017

5. Development Plan

5.1 The application site is covered by policy HCF 1A (Protecting Residential Amenity and Community Facilities) - Residential Areas in the North Lanarkshire Local Plan. In addition policies NBE1 B2C (Listed Buildings) and DSP 1-4 are also relevant.

6. Consultations

6.1 The consultation responses are summarised below:-

i) Historic Environment Scotland has no comment to make on the proposed development.

7. Representations

7.1 Following the standard neighbour notification process and press advertisement 8 letters of representation have been received and the points of representation received are summarised below:-

• The application breaches the deed of conditions which expressly forbids the alteration of any part of the steading including internal and external alterations. • Garages cannot be converted to any other use. • As a Listed Building such works are expressly forbidden as they alter the look and character of the development. • The proposal is not in keeping with NLC planning guidelines in respect of such properties and I would refer to previous applications submitted and rejected for similar works. • The application should be rejected so that the historic, aesthetic and financial value of the building is protected. • Any damage during construction to the communal access road and its repair would be the responsibility of the applicant.

Two objectors have also requested that a site visit is undertaken so the catastrophic impact of such a change to the look of this Listed Building can be fully appreciated.

8. Planning Assessment

8.1 Section 14(2) of the Town and Country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, requires that in considering whether to grant listed building consent for any works, the planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The application raises no strategic issues in terms of the Clyde Plan and therefore it can be assessed in terms of local plan policy.

North Lanarkshire Local Plan

8.2 Policy HCF1A (Protecting Residential Amenity and Community Facilities) - Residential Areas in the North Lanarkshire Local Plan sets out that there is a presumption against developments detrimental to residential amenity in primarily residential areas. The proposed development being an extension to the existing residential accommodation of the dwelling by virtue of a garage conversion is considered to accord with policy HCF1A.

8.3 Policy NBE1 B2C (Listed Buildings) seeks to ensure that the layout, design, materials, scale, siting and use of any development shall be appropriate to the character and appearance of the listed building and its setting. Furthermore there is a presumption against demolition or other works that adversely affect the special interest of a listed building or its setting. Whilst the supporting statement is noted above it is considered that the development would have a detrimental impact on the character and appearance of the listed building and would adversely impact on the special interest of the building and its setting. The development would unbalance the existing uniformity of design and would add an incongruous alien feature to the otherwise plain rear elevation of the building. And whilst not on the most prominent elevation (rear) it is located adjacent to both the vehicular access gate that allows access to the parking areas of the internal courtyard and the overspill parking areas and as such is considered to have visual prominence in this regard. Such an intrusive alteration would set a precedent for other similar developments which would further unbalance the uniformity of appearance and as such the development is considered unacceptable in this instance and contrary to policy NBE1 B2C.

8.4 Given the size and nature of the proposed development policies DSP 1 to DSP 3 are not considered to be relevant in the assessment of the proposed development. In terms of DSP 4 (Quality of Development) it requires that proposals take account of the existing character and features of a site and safeguard heritage value. As noted above it is considered that the proposed development would have a detrimental impact on the character and appearance of the Listed Building in a location of some visual prominence in relation to the vehicular access to the site and as such would not safeguard the heritage value of the site. The development is considered contrary to policy DSP4.

Other Material Considerations

8.5 Turning to the letters of objection it should be noted:-

• The application breaches the deed of conditions which expressly forbids the alteration of any part of the steading including internal and external alterations.

Response: The deed of conditions is a separate legally binding document associated with the properties contained within Home Farm Court but is not material to the consideration of the planning merits of the proposals. Should consent be granted it would be the applicants responsibility to comply with any other legal restrictions on alterations to their property.

• Garages cannot be converted to any other use.

Response: The conversion of the garage for other uses is not restricted within the planning consent for the Home Farm Court steading development. However the external alterations associated with the conversion are subject to assessment in this listed building consent application and as noted in paragraphs 8.3 and 8.4 above are considered to be unacceptable in this instance.

• As a Listed Building such works are expressly forbidden as they alter the look and character of the development.

Response: Alterations to a listed building are not forbidden by virtue of a buildings listed building status but do require additional scrutiny through the requirements for listed building consent. As noted in paragraphs 8.3 and 8.4 above the proposed development is considered to detrimentally alter the look and character of the development.

• The proposal is not in keeping with NLC planning guidelines in respect of such properties and I would refer to previous applications submitted and rejected for similar works.

Response: Having assessed the proposed development it is considered that the development fails to accord with policies policy NBE1 B2C (Listed Buildings) and DSP 4 (Quality of Development) of the North Lanarkshire Local Plan. The development is considered to have a detrimental impact on the character and appearance of the listed building and fails to safeguard its heritage value. Having looked at the planning history of the site referenced in section 4 of the report above there have been no applications for garage conversions or similar to that proposed by the applicant rejected by the Planning Authority.

• The application should be rejected so that the historic, aesthetic and financial value of the building is protected.

Response: As noted in paragraphs 8.3 and 8.4 above it is considered that the development would have a detrimental impact on the aesthetic appearance and character of the building given that it is considered that the proposals would unbalance the existing uniformity of design and would add an incongruous alien feature to the rear and otherwise plain elevation of the building. In terms of the financial value of the property I would advise that this is not a material planning consideration in the assessment of the proposed development.

• Any damage during construction to the communal access road and its repair would be the responsibility of the applicant.

Response: As part of works associated with any development it is the applicants responsibility to ensure that damage to property outwith their ownership is repaired and any dispute in this regard is a legal matter.

9 Conclusions

9.1 Taking the above assessment into account, it is considered that the development fails to accord with the provisions of policies NBE1 B2C (Listed Buildings) and DSP 4 (Quality of Development) of the North Lanarkshire Local Plan and following detailed consideration of the proposals, supporting statement and other material considerations it is considered that the development would have a detrimental impact on the character and appearance of the listed building and fails to safeguard the heritage value of the site and its setting. Therefore, for the reason detailed in the planning assessment above, it is recommended that listed building consent be refused.