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North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Plann i ng Ap p Iicat io ns for consideration of Planning and Environment Committee

Committee Date : 16thAugust 2000

Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved 4 e-PLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 16” AUGUST 2000 Page No. Application NO. Applicant Developmentnocus Recommendation

8 N/OO/OO520/ FUL Mr W Moffat Erection of Extension to Form Grant Additional Bedrooms - 1 Southfield Road, Balloch,

11 N/00/00528/ FUL Mr & Mrs McEwan Change of Use of Public Open Space to Grant Private Garden Ground - 18 Burnhead Road, Balloch, Cumbernauld

15 N/00/00586/ FUL Mr J O’Donnell Amendment to Planning Consent No Grant N/98/00809/FUL - Erection of House 58 Wemyss Drive, Blackwood Cumbemauld

19 N/OO/00609/ADV Club Tropicana Erection of Non-Illuminated Grant Advertisements (Retrospective Application) - Muirhead Post Office, 29 Station Road, .. Muirhead

23 N/OO/OO63 I/ FUL Allan McCashin Formation of Petrol Filling Station - Grant McCashins Garage, Hume Road, , Cumbernauld

27 N/00/00632/ FUL Mr R McKeaman Alterations to Side Elevations, Erection Grant of Boundary Fence & Repositioningof Footpath - Ardenlea House, The Wynd, The Village Cumbernauld

32 N/00/00660/ FUL Stewart McCrae Change of Use of Drying Area to Office Grant and Advice Centre - 2 1 Tarbolton Road, Kildrurn, Cumbernauld

37 N/00/00663/ADV Allan McCashin Erection of an Unilluminated Pole Sign Refise (In Retrospect) - McCashins Garage, 38 Main Road, , Cumbernauld

43 N/00/00735/ FUL Sandro Mori Part Change of Use of Restaurant to Hot Grant Food Takeaway and Restaurant - 2 Ettrick Walk, Town Centre, Cumbemauld

46 N/00/00766/FUL Ms A Miller Erection of Domestic Garage and Refise Formation of Vehicular Access - 72 Stirling.Road, Kilsyth

49 N/00/008091 FUL Mr & Mrs J Sloss Erection of Rear Extension - Grant “Fernlea“ 14 Earls Hill, Balloch, Cumbemauld

54 N/00/00817/ FUL, Mr. K.S. Barhaya Change of Use fiom Betthg Office to Grant Hot Food Takeaway - 2 Nethercroy Road, Croy .- 5 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 16& AUGUST 2000 Page No. Application No. Applicant DevelopmentlLocus Recommendation

58 C/98/01088/nn Mr George McCrone Erection of Equestrian Centre Including Grant (PI .. Temporary Residential Accommodation - Vacant Land to South of Calderbank Road, Calderbank, Airdrie

68 C/99/01254/ FUL Mr & Mrs R Hyslop Erection of Temporary Chalet (3 Year Grant Period) - Hillhead Farm, Calderbank Road, Calderbank, Airdrie

75 C/99/01255/0UT Mr & Mrs R Hyslop Erection of One Dwellinghouse Grant (In Outline) - Hillhead Farm, Calderbank Road, Calderbank, Airdrie

82 C/O0/00288/FuL S Henderson Change of Use of Mission Hall to Refise Dwellinghouse - Road, hathill

86 C/00/00350/FUL Pendragon Motor Group Alterations to Form Vehicle Workshop Grant and MOT Testing Centre and Formation of New Access - 24 - 48 High Street, Airdrie

89 C/OO/OO356LFUL Lindvale Plastics Ltd Change of Use of Open Ground to Car Grant Park and Erection Of 3m Palisade Fence - Lindvale Plastics Ltd, Northburn Road,

93 C/OO/OO383/ FUL Mr S Cochrane Erection of Boarding Kennels and Grant (PI Associated Dwellinghouse - Land South East of Snipe Quarry, Forrestfield Road, Caldercruix, Airdrie

99 c/oo/oo522/ FUL Mr James Burnside Siting of Mobile Snack Van - Grant Car Park at Lid1 Foodstore, 202 Main Street, Coatbridge

103 C/00/00556/ FUL Diamond Cabs COP Use of Vacant Shop as Taxi Office - Reke 69 Stirling Street, Airdrie

106 C/00/00592/ FUL Mr George Canavan Siting of Mobile Snack Van - Refuse Car Park at Sunnyside Train Station, Gartsheme Road, Coatbridge

1 10 C/OO/OO639/AMD Mr A Fraser Erection of Dwellinghouse and Garage - Grant 44-46 Quany Street, Coatbridge

116 C/OO/OO645/OUT Miss G Wotherspoon Erection of Dwellinghouse (In Outline) - Rehe 6 Grahamshill Street, Mdrie

121 C/00/00711/ FUL Mr A Reilly Siting of Snack Van - Refuse Carpark Adjacent to Koh-I-Noor, 293 Bank Street, Coatbridge

125 C/00/00762/ FUL Mr & Mrs G Akoon Erection of Single Storey Rear Extension - Grant 5 Sandhead Crescent, Chapelhall 6 APPLICATIONS FOR PLA"G AND ENVIRONMENT COMMITTEE 16* AUGUST 2000 Page No. Application No. Applicant DevelopmentLocus Recommendation

129 C/00/0079 l/ADV Apple Outdoor Erection of 48 Sheet Advertisement Hoarding and Associated Fencing - 11 1 - 115 Black Street, Airdrie

133 C/OO/OO83O/ADV Apple Outdoor Erection of 4 x 96 Sheet Advertisement Hoardings Associated Fencing and Landscaping - Land to the West of Air Products, Langmuir Road, Bargeddie

137 S/99/0 10 1l/OUT Saltire Developments Ltd Erection of Mixed Use Commercial Development Including Storage and Distribution Depots Hotel and Leisure Development and a Fast Food Outlet with Associated Road Works and Landscaping - Land Southwest of Junction 6 (M8) to Edinburgh Road, Motherwell

153 S/99/01274/FUL BOC Ltd Installation of Liquid Hydrogen Storage Facility - BOC Ltd, Chapelknowe Road, Carfin

158 S/OO/OO 105lOUT Hallam Land Management Ltd Residential Development (In Outline) - Wester Windyedge Farm, Biggar Road, Cleland

163 S/00/00232/OUT Manormount Ltd Motor Vehicles Sales and Maintenance Trades Counter Uses (Classes 516) with Ancillary Retailing - Land West of Caledonian Centre, _. Glasgow Road, Wishaw

167 s/00/0033 7msc BOC Ltd Storage of Liquid and Gaseous Hydrogen BOC Ltd Chapelknowe Road, Carfin

172 s/00/00432/AMD Mr K Graham Erection of Dwellinghouse - Grant 178 Main Street, Shotts

179 S/00/00443/FUL Sureway Construction Ltd Construction of Retail Units - Grant 1- 11 Unthank Road, Bellshill

183 S/00/0045 O/FUL Police Erection of Divisional Headquarters - Grant 2 17 Windmillhill Street, Motherwell

187 S/00/00472/ADV Apple Outdoor Display of 3 x 96 Sheet Advert Hoardings Refise with Ancillary Fencing and Landscaping - Newhouse Nursery, High Street, Newhouse

193 S/OO/OO49 1/FUL Calder Homes Ltd Residential Development - Land North East Grant of Church View Gardens, Bellshill

200 S/00/005 87/HSC BG Transco Plc Continuation of Hazardous Substances Grant __ . Consent - Gas Holder Station, Mill Road, Motherwell

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205 S/00/00605/FUL Christopher & Susan Coyle Construction of Garage - Grant 23 Cockhill Way, Bellshill

210 S/00/00640/REM Taylor Homes () Ltd Land Engineering Work Involving Soil Grant Stripping and Re-grading - Land Adjacent to Knowenoble Farm, Wishaw Low Road, Cleland

216 S Ahmed Formation of 3 Flatted Dwellings and Grant Restaurant - Gatsby Hotel, 3 14-322 Main Street, Wishaw

22 1 SlOOlOO685/FUL Mr & Mrs Robertson Erection of Rear Conservatory - Grant 30 Glendorch Avenue, Wishaw

224 S/00/007 14/FUL Road Chef Motorways Ltd Re-roofing of Existing Amenity Building Grant and Erection of New 40 Bedroom Lodge - M8 Motorway Service Area, Harthill, Shotts

228 S/00/00725/OUT J MacAllister Erection of Dwellinghouse (In Outline) - Grant 32 Glen Road, Wishaw

233 S100/00726/FUL Davidson Brothers (Shotts) Ltd Construction of Grain Storage Units and Grant Vehicle Intake Buildings - Davidsons Factory, Stable Road, Shotts

237 Andrew Watson Erection of Two Semi-Detached Grant Dwellinghouses - 3-7 Nelson Street, Bellshill

243 S/00/00740/FUL J J Agnew AIterations and Change of Use to Hot Grant Food CwOut - 2 1 Glasgow Road, Wishaw

247 Sl00/00802/FIJL J G Campbell Siting of Mobile Snack Bar - Grant Land South of 109 Westwood Road, Newmains

252 S/00/00819/FUL Strathclyde Business Park Erection of Class 4 Business Units Grant Developments Ltd Land North and South of Hilton Hotel, Phoenix Crescent, Strathclyde Business Park, Bellshill

257 S/00/00875/AMD Mr&MrsEgan Substitution of Materials on Gable Grant Elevation - 11 Newlands Road, Uddingston

(P) C/98/0 1088FUL If Approved, Section 75 Agreement to be concluded (P) C/00/00383/FUL If Approved, Section 75 Agreement to be concluded (P) s/99/01 0 11 /OUT If Approved Refer to Scottish Ministers (P) S/OO/OO 105/0UT If Approved Refer to Scottish Ministers ... 8

Application No: N/00/00520/FUL

Date Registered: 11” May 2000

APPLICANT: MR W. MOFFAT, 1 SOUTHFIELD ROAD, BALLOCH, CUMBERNAULD, G68 9DQ

Agent: Thomas Dawes Architects, 21 Portland Road, Kilmamock, KA1 2BT

DEVELOPMENT: EXTENSION TO FORM ADDITIONAL BEDROOMS

LOCATION: 1 SOUTHFIELD ROAD, BALLOCH, CUMBERNAULD, G68 9DQ

Ward No: 55 Grid: 27451 3-674500 File Reference: GLA Site History: PA86/089 - House and Garage

Development Plan: Zoned as Residential in the Cumbemauld Local Plan (Adopted November 1993)

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East of Scotland Water, West of Scotland, British Gas Scottish Power No Reply: Conditions:

REPRESENTATIONS:

Neighbours: One Letter of Objection - Anonymous Newspaper Advert: Not required

COMMENTS: The applicant seeks planning consent for an extension above the integral garage at 1 Southfield Road, Balloch, Cumbemauld. The property is a detached bungalow, which is situated on a corner plot at the entrance to a cul de sac. The property is zoned as “Residential - HG4 as defined by the Cumbemauld Local Plan (Adopted November 1993).

The original proposal was for a narrow 2 storey extension above the integral garage. This appeared as an unsympathetic and incongruous alteration. The amended plans which have been submitted meet the planning criteria by creating a wider extension, which will accommodate two bedrooms, a boxroom, dressingroom and bathroom. The integral garage is retained. The amended design has increased the extension’s floor area from 37 square metres to 67 square metres. Nevertheless, the design is more appropriate to the scale and appearance of the existing house.

There has been one letter of objection, whiih was submitted by an anonymous resident. The points of objection were not directly related to this application but were concerned with the cars parked in I 10

the driveway and the DIY materials at the site. These do not provide a basis for refusing permission.

Further to the amended plans being submitted, I am of the opinion that the above proposal is acceptable and I would recommend that planning permission is granted subject to conditions. RECOMMENDATION: Grant, subject to the following:-

1. That the development, hereby permitted shaI1 be started within five years of the date of this permission.

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

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

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

List of Background Papers:

Planning Application Forms and Plans registered on 11" May 2000 Cumbernauld Local Plan (Adopted November 1993) Consultation response from British Gas dated 18" May 2000 Consultation response from Scottish Power dated 22"dMay 2000 Consultation response from East of Scotland Water dated 30" May 2000 Consultation response from the Transportation Manager dated 7" June 2000 Consultation response from West of Scotland Water dated 13* June 2000 Objection from anonymous resident dated 19* May 2000

Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478. 11

Application No: N/00/00528 FUL

Date Registered: 30h. May 2000

APPLICANT: ALLAN & MARIE McEWAN

Agent:

DEVELOPMENT: CHANGE OF USE OF PUBLIC OPEN SPACE TO PRIVATE GARDEN GROUND

LOCATION: AREA ADJACENT TO 18 BURNHEAD ROAD, BALLOCH, CUMBERNAULD

Ward No: 58 Grid: 274559 - 674930 File Reference: KPL Site History:

Development Plan: Area zoned residential (HG4) in Cumbemauld Local Plan

Contrary to Development Plan:

CONSULTATIONS:

Objection: No Objection: Transco, West of Scotland Water, East of Scotland Water, NLC Community Services No Reply: Scottish Power Conditions:

REPRESENTATIONS:

Neighbours: One representation fiom adjoining neighbour Newspaper Advert:

COMMENTS: This application proposes the change of use of an area of public open space to the rear of the applicant’s property to private garden ground. A representation was received from an adjoining neighbour concerned that the proposal would prohibit access for maintenance to the area of adjacent woodland and this matter is covered in the accompanying report. I would recommend that planning permission is granted subject to conditions.

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

2. That/

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2. That the proposed site shall be enclosed with a 1.8 metre high, vertical boarded fence stained brown.

Reason: To define the use of the land and maintain the visual amenity of the area.

List of Background Papers:

Application form and plans Letter of representation from Mr. N. Reid, 16 Burnhead Road, Balloch Consultation responses from East of Scotland Water, West of Scotland Water, Transco Consultation memos from Community Services, Transportation Manager (Northern)

Any person wishing to inspect these documents should contact Kevin Lawlor on 01236-616476

Comaps20/0000528RuL/26jy/jk 14

APPLICATION NO: N/00/00528/FUL

1. SITE AND PROPOSAL

1.1 This application is for the change of use of an area of public open space to the rear of the applicant’s property to private garden ground. The extent of the site area was determined by the previously approved garden extension at No. 20 Burnhead Road and the proximity of an area of woodland to the rear of No. 16 Burnhead Road.

1.2 The site lies wiban area zoned residential in the Cumbemauld Local Plan.

2. CONSULTATIONS AND REPRESENTATIONS

2.1 East of Scotland Water,. West of Scotland Water, Transco, Scottish Power and Council Department of Community Services were all consulted and no objections to the proposal were raised.

Transportation Manager (Northern Division) also had no objections.

2.2 A letter of representation was received from the neighbour at No. 16 Burnhead Road concerned that the proposed extension would prevent access to the amenity woodland for maintenance purposes, and suggested paving the boundary on that side accordingly.

2.3 Community Services Department inspected the area and are of the opinion that adequate space remains between the relevant boundary not to restrict their access and agreed that there was no need to reduce the area of the proposed extension.

3. CONCLUSION

3.1 The principle of the proposal is entirely acceptable and having considered the comments of the neighbour I would recommend that planning permission should be granted. 15

Application No: N/00/00586/FTJL

Date Registered: 24th. June 2000

APPLICANT: MR. J. O’DONNELL, 58 WEMYSS DRIVE, BLACKWOOD, CUMBERNAULD

Agent: Ian Darby Partnerships, Custom House, 298 Clyde Street, Glasgow

DEVELOPMENT: AMENDMENT TO PLANNING CONSENT NO. N/98/00809/FUL

LOCATION: 58 WEMYSS DRIVE, BLACKWOOD, CUMBERNAULD

Ward No: 56 Grid: 262446 - 674240 File Reference: IE Site History: Planning permission was granted on 19th. August 1998 for a garage extension to the existing dwellinghouse and for the erection of a dwellinghouse and garage under Ref. N/98/00809/FUL

Development Plan: Cumbernauld Local Plan Policy HGSC - Sites for new housing development - Western Extension Area.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: Three letters of objection two of which are from one neighbour Newspaper Advert: Not required

COMMENTS: Planning permission for the erection of a garage extension to the existing house and for the erection of a detailed dwellinghouse and garage was granted on 19th. August 1998. After construction works commenced, however, it became evident that the development was not being constructed in accordance with the site plan submitted. In response to a Planning Contravention Notice these revised plans were submitted. Two neighbours have objected and my comments on their grounds of objection are contained in the accompanying report. I do not consider that their grounds of objection warrant a refusal hence I recommend approval.

RECOMMENDATION Grant, subject to the following conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. 2. Thatl n ,. 17

2. That before the dwellinghouse hereby permitted is occupied, full details of the design and location of all fences and walls to be erected shall be submitted to, and approved in writing by the Planning Authority, and erected.

Reason: To safeguard the amenity of future residents.

3. That the facing materials to be used for the external walls and roofs shall exactly match those of the existing dwellinghouse on the site except as otherwise may be agreed in writing by the Planning Authority.

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

4. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development (Scotland) Order 1992, neither of the integral garages shall be altered for use as a habitable room.

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

5. That before either the garage or dwellinghouse and garage hereby permitted are completed or brought into use, the appropriate means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

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

6. That the hours of operation of construction works shall be restricted to fall within the hours between 8.00 a.m. and 6.00 p.m. Monday to Friday, 8.00 a.m. and 12 noon Saturdays and no working on Sundays and public holidays.

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

List of Background Papers:

Planning application form and plans Cumbemauld Local Plan Letter of objection from Iain W. Murray, 39 Gartshore Gardens, Blackwood, Cumbernauld dated 4th. June 2000; two letters of objection from Mr. & Mrs. Fothergill, 37 Gartshore Gardens, Blackwood, Cumbemauld dated 31st. May 2000.

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

Comaps2O/NfOO/OO586/mn/lain.E/31 jyfjk 18

APPLICATION NO: N/00/00586/FUL

1. SITE AND PROPOSAL

1.1 Planning permission was granted on 19th, August 1998 under Ref. N/98/00809/FUL for a single garage extension onto the side of the existing detached dwellinghouse at 58 Wemyss Drive, Blackwood, and for the erection of a detached dwellinghouse with an integral garage in the garden.

1.2 In April of this year it came to my attention that construction works were under way but did not seem to be entirely in accordance with the approved plans. On further investigation it became apparent that the buildings being built were as approved but that the side of the new home was about 3m from the boundary and not as had been shown on the approved site plan, which had a gap of 5 metres. In addition, the relationship between the proposed house and the proposed garage had been altered.

1.3 In view of the conflict between the approved plans and the development being built a Planning Contravention Notice was served. In response to this the applicant has submitted this application which incorporates an accurate site plan. It establishes that the plot is approximately 3 metres narrower than originaIly assumed.

2. OBJECTIONS

2.1 As part of the application process the neighbour notification procedure has been camed out and this has resulted in the receipt of three letters of objection from two neighbours both of whom objected to the original application.

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

- The proposed house will overshadow back gardens and cut daylight entering adjacent houses; - The proposed house will compromise the freedom and privacy of neighbours.

3. OBSERVATIONS

3.1 The two objectors occupy either half of a block of semi-detached houses. They each have a minimum back garden depth of 9.8m. The proposed house is between 2.65m.and 3m. in from the boundary with these back gardens and as the proposed house is only two storeys in height there will not be any onerous overshadowing problem. There will not be privacy problems either as the only window in the side elevation of the proposed house, facing these houses, is for an en-suite shower room and it will therefore be opaque. In addition, the dimensions of the side garden, adjoining the objector’s properties, does not conflict with the Council’s Open Space Guidelines

4. CONCLUSION

4.1 I do not consider that the objectors’ concerns merit refusal of this application. Furthermore, had the original application plans shown the layout depicted on the current plans I would not have had an objection to the development. I recommend, therefore, that permission be granted. 19

Application No: N/O O/OO 6 09/ADV

Date Registered: 24*. May 2000

APPLICANT : CLUB TROPICANA, 29 STATION ROAD, MUIRHEAD, GLASGOW

Agent:

DEVELOPMENT: ERECTION OF NON-ILLUMINATED ADVERTISEMENTS (RETROSPECTIVE APPLICATION)

LOCATION: 29 STATION ROAD, MUIRHEAD, GLASGOW

Ward No: 69 Grid: 268474 - 669301 File Reference: AF Site History: N/98/01137/ADV: Erection of two Free Standing Signs - refused 30*. September 1998 N/98/01532/ADV: Erection of two Free Standing Signs - refused 13~. January 1999

Development Plan: Strathkelvin District Southern Area Local Plan 1983 North Lanarkshire Council Northern Corridor (Finalised Draft) Local Plan 2000

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: Two (including one from Chryston Community Council) Newspaper Advert: None required

COMMENTS: This retrospective application seeks permission for the erection of two non-illuminated advertisement signs which have been erected at 27 Station Road, Muirhead. Policy matters and points of objection are discussed in the accompanying report. I recommend in the accompanying report that planning permission is granted.

RECOMMENDATION: Grant for a period of five years subject to the standard advertisement consent conditions

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List/

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List of Background Papers:

Application forms and plans Strathkelvin District Southern Area Local Plan 1983 North Lanarkshire Council Northern Corridor (Finalised Draft) Local Plan 2000

Any person -,dung to inspect these documents should contact Allan Fmlayson on 01236-616465

Comaps20/0000609ADV/20jy/jk 22

APPLICATION NO: N/00/00609/ADV

1. SITE AND PROPOSAL

1.1 This application seeks retrospective approval for the erection of replacement signage at the former post office at 29 Station Road, Muirhead. The erected signage consists of two plastic lettered and panelled box signs. One large sign is mounted on the front elevation of 29 Station Road with another smaller sign erected on the southern side elevation. Additional lettered window signs are &splayed in both front elevation windows and one side elevation window.

1.2 The premises at 29 Station Road have previously been the subject of enforcement action for the erection of illuminated free standing signs by previous proprietors. In addition enforcement action has been initiated against the present proprietors for previous illuminated box signs which have now been replaced with the signs now under consideration.

1.3 The site lies within the residential area of the extant Strathkelvin District Southern Area Plan. No additional policy constraints exist.

2. CONSULTATIONS AND OBJECTIONS

2.1 No consultations have been requested.

2.2 Letters of objection has been received fiom a neighbour, and fiom Chryston Community Council. The grounds of both objections can be summarised as follows:-

a) Colours and materials of the erected signs are out of context with the adjacent building and surrounding area; b) The box sign mounted on the front elevation has been mounted on the property of the adjacent dwellinghouse.

3. OBSERVATIONS

3.1 With regard to the points of objection above I would comment on them in turn as follows:-

a) The erected signs are indeed garish. Negotiation with the applicant has failed to achieve improvements to the materials used in the erected signs. It should be noted however that the signs erected represent a considerable improvement over previous unauthorised signs. Enforcement action has achieved the removal of previous unsatisfactory illumination and rectified the temporary nature of previous signage; b) The box sign on the front elevation is not unacceptably deep. No objections have ever been received fiom the residents of the adjacent property statmg that the front elevation sign has been mounted on their property. In addition, this would be a civil matter between both parties.

4. CONCLUSION

4.1 The erected signs represent an improvement over previous unauthorised illuminated sipage. Whilst the colours used on the signs are indeed garish no control can be exercised on this occasion. The use of plastic materials is regrettable, but the erected signs represent an improvement in design tern when compared to previous unauthorised signs at these premises. In view of the above I therefore recommend approval of this retrospective application. ... 23

Application No: N/00/00631 /FuL

Date Registered: 31st. May 2000

APPLICANT: ALLAN McCASHIN PER AGENT

Agent: Ian Keachie, 72 North Orchard Street, Motherwell ML1 3JL

DEVELOPMENT: FORMATION OF PETROL FILLING STATION

LOCATION: McCASHINS GARAGE, HUME ROAD, SEAFAR, CUMBERNAULD G67 1AP

Ward No: 54 Grid: 276227 - 675187 File Reference: IE Site History: Site previously occupied by Car Showroom and petrol filling station (now demolished) Development Approval granted for Petrol Filling Station, Car Wash and Car Hire Centre under reference PA99/101 on 11th. March 1996 by Cumbemauld Development Corporation (never implemented)

Development Plan: Cumbemauld Local Plan - Policy HG4 - Mainly residential areas.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: Scottish Power No Objection: East of Scotland Water; Strathclyde Fire Brigade SEPA East; British Gas Transco; West of Scotland Water and Strathclyde Police No Reply: Conditions:

REPRESENTATIONS:

Neighbours: No response Newspaper Advert: No response

COMMENTS: It is proposed to form a new petrol filling station on a corner site at the junction of Seafar Road and Hume Road which previously accommodated a car showroom and petrol filling station. The access and egress points will be as existing i.e. both on Seafar Road. A car wash, vacuum and air facility with associated plant room and store building will occupy the eastern part of the site. The main building with the kiosk and sales area will be in a new single storey facing brick building with a pitched and hipped roof at the western side of the site. Four petrol pump islands with canopy over will be sited between the main building and the car wash. Three parking spaces, two jet wash bays and a further car vacuum facility will be located to the north of the main building i.e. on the western boundary between the main building and Seafar Road. .- -

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Scottish Power have objected as they have a sub-station adjacent to the site and there may be cables leading thereto under the application site. That, however, is no reason to consider refusing the application. It merely means that the developer will require to adequately duct any such cables as part of the development.

The proposed development will improve and enhance the appearance of this site and as there are no objections to the scheme I would recommend that permission be granted.

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

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

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

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

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

Reason: In order to allow the Planning Authority to consider these matters in detail

4. That within one year of the occupation of the petrol filling station hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year the others of a similar size and species.

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

5. That/ 26

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

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

6. That a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular egress as shown shaded pink on the approved site layout plan, and before the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interest of pedestrian and traffic safety.

7. That a two metre wide grassed service verge shall be provided and maintained within the site on both its Seafar Road and Hume Road frontages.

Reason: In the interests of accessibility to underground services.

List of Background Papers:

Application form and plans Cumbernauld Local Plan Letters from Strathclyde Police dated 22nd. June 2000; West of Scotland Water dated 22nd. June 2000; British Gas Transco dated 21st. June 2000; SEPA East dated 22nd. June 2000; Strathclyde Fire Brigade dated 22nd. June 2000; Scottish Power dated 30th. June 2000; East of Scotland Water dated 28th. June 2000.

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

Comaps20~/00100631/FULiIain.E/3 1 j y /jk 27

Application No.: N/00/0063 2RUL

Date Registered: 1st June 2000

APPLICANT: MR R MCKEARNAN, CROFTPARK, FORREST ROAD, AIRDRIE, ML6 7BA

Agent:

DEVELOPMENT: ALTERATIONS TO SIDE ELEVATIONS, ERECTION OF BOUNDARY FENCE & REPOSITIONING OF FOOTPATH

LOCATION: ARDENLEA HOUSE THE WYND THE VILLAGE CUMBERNAULD GLASGOW G67 2ST

Ward: 54

Grid Reference: 276725 676236

File Reference: N/00/00632/FUL

Site History: No Applications of Relevance

Development PIan Cumbernauld Local Plan Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: .Head Of Property Conditions: Countryside And Landscape Manager No Reply: Architectural Heritage Society Of Scotland

REPRESENTATIONS: Neighbours: One Letter of Representation from a Neighbour Newspaper Advertisement: No Response

COMMENTS: The applicant is in the process of acquiring the former library building to utilise as a childrens nursery. Whilst the change of use itself does not require planning permission, he seeks permission for alterations to the building, the erection of boundary fences and diversion of an existing footpath.

The building is a substantial two storey detached sandstone villa, which lies within the Cumbemauld Village Conservation Area. The building sits in a large area of garden ground, to the rear of the Village Hall and is accessed from The Wynd.

The originally submitted designs were not in accordance with approved Council policy for the Conservation Area, but satisfactory amended proposals have now been submitted. .-

29

RECOMMENDATION:

Grant, subject to the following conditions:

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

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

2. That all windows shall be traditional, timber, sliding sash and casements with a painted finish.

Reason: To preserve and enhance the character of the building and the Conservation Area.

3. That before the development hereby permitted starts, details of the final colours of all external paintwork shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects and to protect the character of the Conservation Area.

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

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

5. That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts or projecting signs shall be erected on the premises, without the prior approval of the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects and to protect the character of the Conservation Area.

List of Background Papers:

Application form and plans received 1st June 2000

Letters received 6th June & 28th July from Mr G Lallaway, 25 Roadside, Cumbemauld Memo received 26th June 2000 from Head Of Property Memo received 29th June 2000 from Countryside And Landscape Manager

Any person wishing to inspect these documents should contact Mary Stewartat 01236 616473. 30

APPLICATION NO. N/O 0/0 0 632/FUL

REPORT

1. Description of Site and Proposal

1.1 The property is a detached traditional two storey building which sits within its own grounds in the Village Conservation Area. The building was originally built as a church manse related to the former U F Kirk, which is now used as the Village Hall. The property sits behind the Village Hall and was last used as a public library.

1.2 Access to the property is from The Wynd via a driveway of variable width, running along the southern edge of the site. A public footpath shares part of and crosses this access providing a link along the eastern boundary of the site to the bus stop. The site is bounded by a high stone wall to the west and an embankment with shrub planting and mature trees to the north.

1.3 The applicant is currently acquiring the property, which he proposes to use as a childrens nursery. As this and the last use fall within Class 15 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, planning permission is not required in respect of the change of use. The applicant proposes to alter the building to incorporate an additional door and windows in each gable, to erect new boundary railings and to re-route an existing pedestrian footpath link which crosses the site.

2. Development Plan

2.1 The property is covered by Policies SH2-4, SH8, TR9 and EN12 in the adopted Cumbernauld Local Plan. The property is also covered by Plan, which contains policies relating to the design of developments within the Village Conservation Area.

3. Representations and Consultations

3.1 A number of concerns were raised by the Countryside And Landscape Manager in response to the original submission. The majority have now been dealt with as a result of the submission of more detailed and more accurate amended plans, whilst the remaining concerns can be adequately addressed through the implementation of Conditions.

3.2 The Head Of Property commented on the arrangements for diverting the footpath, which is in part outwith the site being acquired by the applicant.

3.3 The initial letter of representation received from a neighbouring owner was largely requesting clarification on his intentions with respect to a number of mature trees on the site. Again, this has been clarified satisfactorily through the submission of amended plans and a subsequent letter has confirmed that this neighbour is now satisfied with the proposals. 31

4. Planning Assessment and ConcIusions

4.1 The initially submitted proposals were not in accordance with approved Council policy for development within the Village Conservation Area in terms of the design and materials proposed. Satisfactory amended proposals have now been submitted.

4.2 I would therefore recommend that planning permission be granted. 32

Application No: N/00/00660/FUL

Date Registered: 7” June 2000

APPLICANT: STEWART McCRAE, CUMBERNAULD YMCA-YWCA, AFTON ROAD, , CUMBERNAULD G67 2DN

Agent: Mr William Dempsey, 1E Clouden Road, Kildrum, Cumbemauld, G67 2JG

DEVELOPMENT: CONVERSION OF DRYING AREA INTO AN OFFICE AND ADVICE CENTRE

LOCATION: 21 TARBOLTON ROAD, KILDRUM, CUMBERNAULD, G67 2AJ

Ward No: 53 Grid: 276613-674859 File Reference: GLA Site History: None

Development Plan: Zoned as HG4 - Residential Amenity

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East of Scotland Water; West of Scotland Water and British Gas No Reply: Conditions:

REPRESENTATIONS:

Neighbours: 5 letters fron neighbouring houses Newspaper Advert: Not required

COMMENTS: This proposal is for the change of use of the drying area into an office and advice centre at 21 Tarbolton Road, Kildnun, Cumbemauld.

The application site is a flatted development which is occupied by the YMCA-YWCA. It is the applicant’s intention to change the store area in the ground floor to an office and advice centre.

The application site is zoned as “Residential-HG4” as defined by the Cumbernauld Local Plan (Adopted November 1993). Although the application is a change of use, it is however, not contrary with the development plan.

There has been one letter of objection which was submitted by five residents in adjacent properties. Formal consultations have produced no adverse responses. My detailed comments on the proposal and the objections are contained in the accompanying report. .- 3 34

Taking account of the issues outlined in the objection, I do not believe that they merit refusal of this application. I recommend that planning permission be granted subject to conditions.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

List of Background Papers:

Planning Application Forms and Plans dated 7th June 2000 Cumbemauld Local Plan (Adopted November 1993) Consultation response from Local Plans Officer dated 12th June 2000 Consultation response from British Gas dated 19th June 2000 Consultation response from Environmental Services dated 29th June 2000 Consultation response from East of Scotland Water dated 29th June 2000 Consultation response from West of Scotland Water dated 29th June 2000 consultation response from Transportation Manager dated 4th July 2000

Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478. 35

APPLICATION NO: N/00/00660/FUL

1. SITE AND PROPOSAL

1.1 The applicant, Mr Stewart McCrae acts on behalf of the YMCA-YWCA, who have occupation of a block of flats at 21 Tarbolton Road, Kildrum, Cumbemauld. The flats are three storeys high and are located in a residential area of Cumbemauld.

1.2 The application site is zoned as “Residential - HG4” as defined by the Cumbernauld Local Plan (Adopted November 1993).

1.3 The proposal is for the change of use of the existing drying area, which is now used as storage on the ground floor of the flats into a general office and advice centre. The application site area incorporated in the change of use amounts to 70 square metres.

2. CONSULTATIONS

2.1 Summaries of consultation responses are as follows:- Local Plans (Cumbernauld Team) - No Objections Transportation Manager - No Objections Environmental Services - Conditions - the proposed development will require to comply with the provisions of the Health and Safety at Work etc. Act 1974. East of Scotland Water - No Objections West of Scotland Water - No Objections British Gas - No Objections

3. OBJECTIONS

3.1 There was one letter of objection submitted on behalf of five neighbouring properties in close proximity to the application site.

3.2 The grounds of objection are as follows:-

(a) Increased levels of noise:

(b) Increased pedestrian traffic:

(c) Disruption to neighbours whilst the renovation works are taking place: 36

(d) Close proximity of the Advice Centre entrance and the windows of 20 Tarbolton Road, Kildrum;

(e) No legitimate reason for siting the Advice Centre in a residential area when there is a facility in Afton Road which has been running successfully for years.

4. OBSERVATIONS AND CONCLUSIONS

4.1 With regard to each of the objections;

The area which is to become a general office and advice centre is to be fully enclosed, and the use is such that there will be staff monitoring the area most of the time. I do not perceive that this proposed use wiIl create an increased amount of noise for residents.

There may be a slight increase in pedestrian traffic, as a result of the area being brought into a more formal use, however it will prevent youths loitering in the ground floor level and create a user friendly space.

Most of the works which have to be carried out are internal to the building, so should not create undue disturbances for neighbouring properties. It must be noted that the entire block of flats at 21 Tarbolton Road are occupied by the YMCA-YWCA.

The Advice Centre will be accessed from the existing entrance to 21 Tarbolton Road

The YMCA-YWCA do have their headquarters at Afton Road, however there is no accommodation at that location. It is intended that there is a focal area for the inhabitants of the flats to meet or seek advice from YMCA- YWCA staff. It must be also be noted that the YMCA-YWCA headquarters in Afton Road is amongst residential properties.

4.2 In conclusion, the proposed development is within a block of flats which the YMCA-YWCA occupy. The proposal improves and brings into use an area of space which at present encourages loitering. The general office and advice centre would allow staff to monitor the building, whilst influencing the inhabitants to get involved with positive activities that will take place in this new space.

4.3 For the reasons set out above, I consider that the above proposal is acceptable and would recommend that planning permission is granted subject to conditions. 37

Application No: N/00/00663/ADV

Date Registered: 7th. June 2000

APPLICANT: ALLAN McCASHIN

Agent: Ian Keachie, 72 North Orchard Street, Motherwell

DEVELOPMENT: ERECTION OF AN UN-ILLUMINATED POLE SIGN IN RETROSPECT

LOCATION: McCASHINS GARAGE, MAIN ROAD, CONDORRAT, CUMBERNAULD, GLASGOW

Ward No: 63 Grid: 273370 - 673200 File Reference: JR Site History: AD/22/89 - Erection of Signs - Approved (one sign refused) AD/13/90 - Erection of Free Standing Sign (Illuminated) - Refused AD/I8/90 - Free Standing Sign (In Retrospect) (Illuminates) - Refused AD/91/49 - Erection of Free Standing Sign (In Retrospect) - (Illuminated) - Refused AD/91/104 - Erection of a Non Illuminated Pole Sign - Approved 94/144/AD - Erection of Illuminated Pole Sign - Approved 95/0114/AD - Erection of one Illuminated signboard - Refused 95/0119PL - Installation of Cash Machine - Approved N/98/0119/ADV - Erection of 23 Illuminated and Non Illuminated Signs - Approved N/99/00765/ADV - Erection of Replacement 5.9m Sign to rear of garage - Refused

Development Plan: Zoned Residential Area in Cumbernauld Local Plan

Contrary to Development Plan: No

', CONSULTATIONS: . .i Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: , One letter of objection Newspaper Advert: Not Required

Comments/

39

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COMMENTS: This application has been submitted by Ian Keachie on behalf of Mr. McCashin for the erection of a 5.9 metre high un-illuminated sign to the rear of the property at McCashins Garage, 38 Main Road, Condorrat, Cumbemauld.

The sign which is the subject of this application lies to the north of the garage forecourt and immediately adjacent to an established residential area. The height of the sign dominates the adjacent area and for this reason I would recommend that advertisement consent be refused for the conditions outlined below and in my accompanying report.

RECOMMENDATION: Refuse permission for the following reasons:-

1. The large un-illuminated sign is an obtrusive and dominant feature which adversely affects the amenity of the residents in the established residential area, contrary to the terms of Policy HG4 in the Cumbemauld Local Plan (Adopted) 1993.

2. In the interests of amenity in that should planning consent be granted for this development a precedent may be set which would make it difficult for the Local Authority to refuse similar applications.

List of Background Papers:

Planning application form and plans dated 8th. June 1999 Cumbemauld Local Plan 1993 Objection letter from Mr. W. Hope, 25 Kirk Place, dated 2nd June 2000 Decision Letter from the The Scottish Office Inquiry Reporters dated 23rd February 1999.

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

Comaps2000/JRlO0/00663/ADV/l22jdjk 40

APPLICATION NO: N/00/00663/ADV

1. SITE AND PROPOSAL

1.1 The proposal has been submitted by Ian Keachie on behalf of Shell UK, for the erection of a 5.9 metre high un-illuminated sign at McCashins Garage, 38 Main Road, Condorrat, Cumbemauld. The existing premises is a filling station which also provides a range of additional facilities including a small convenience store, car wash and vacuuming facilities, an automated cash dispenser, car repair facilities and MOT testing.

1.2 The existing garage and associated facilities extends to approximately 0.45 ha. The property is accessed from Main Road, Condorrat, an east/west local distributor carriageway, on the southem boundary.

1.3 The site is surrounded by established residential areas. The proposed sign would occupy an elevated position relative to the adjacent residential property on the eastern and northern boundaries. The site is at its most elevated on the northern boundary where the garage is some two metres higher than the adjacent residential dwellings.

1.4 The site is zoned HG4, residential, in the Cumbemauld Local Plan (Adopted) 1993.

2. BACKGROUND

2.1 The site has been the subject of a number of applications, for both planning and advertisement consents. A number of advertisement applications have a bearing on the current request for advertisement consent.

2.2 An application was initially submitted in 1989 (Ref. AD/22/89/AD) for permission for a number of signs. That application was approved, subject to a condition that an illuminated sign on the northern edge of the site did not form part of the approval. It should be noted that the sign excluded from that permission is in a similar position, and of a similar style, to that which is the subject of this application. The signs which had been approved were erected, but, contrary to Condition 3 of the Advertisement Consent Notice, a large illuminated sign was erected on the northern boundary of the garage. The applicant claimed that the sign erected was a replacement advertisement for an established sign. At that time no evidence was produced of a previous application for a sign and no documentary proof in the form of a photograph was produced by the applicant in support of this claim.

2.3 Enforcement proceedings were instigated Ref. EN91/003 to secure the removal of the unauthorised sign. The Enforcement Notice and refusal of Advertisement Consent were appealed by the applicant. The matter was referred to the Scottish Office who dismissed the appeal against the refusal of advertisement consent on the basis that the sign due to its height and location formed an obtrusive and dominant feature to the detriment of the residential amenity of the adjacent residential area. The appeal against the Enforcement Notice was also dismissed.

2.4 The/ 41

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2.4 The same sign, but with different corporate livery, has been the subject of a number of applications, some of which were submitted while the above appeals were being considered:-

i) AD/13/90 - Erection of Free Standing Sign (In Retrospect) - Refused ii) AD/18/90 - Erection of Illuminated Free Standing Sign (In Retrospect) Refused iii) AD/91/49 - Erection of Free Standing Sign (In Retrospect) - Refused iv) AD/91/104 - Erection of Non Illuminated Pole Sign - Approved v) N/99/00756/ADV - Erection of a 5.9m Sign to replace existing - Refused

The penultimate submission AD/91/104 was recommended for refusal. However the application was granted at a meeting of the Planning and Building Control Committee of Cumbernauld & Kilsyth District Council dated 2nd. September 1991. The sign was erected but removed prior to the sign which is the. subject of the current application being erected.

2.5 An application was’submitted dated 25th. August 1998 for the erection of 23 illuminated and non- illuminated signs (N/98/01190/ADV). The sign which is the subject of this application was not part of that application. The signage which was the subject of the application was acceptable and approved dated 8th. October 1998, subject to conditions.

2.6 The 5.9m sign erected at the rear of the premises was initially brought to the attention of my Department by correspondence submitted by a resident of Kirk Place, Condorrat. The agents representing Shell UK were contacted and asked to either remove the sign as it was not covered by the consent referred to in 2.5 above, or submit an application.

2.7 An application for the erection of an illuminated 5.9 metre sign was submitted (Ref. N/99/00765/ADV) in June 1999. The proposal was presented to the Planning and Environment Committee dated 18th. August 1999 with a recommendation for refusal, on the basis of the sign being detrimental to the amenity of the adjacent residential area. This report was accepted by the Planning and Environment Committee.

2.8 An appeal was lodged with the Scottish Executive against North Lanarkshire Council’s refusal. The reporter appointed on behalf of the Scottish Executive dismissed the appeal and pointed out that the sign was an unrelated and intrusive feature that resulted in an unacceptable loss of visual amenity to the occupiers of the houses in Kirk Place. The Reporter also pointed out that even if the sign had been unilluminated he would not have altered his conclusions and that the sign could be considered to compromise public safety as drivers’ concentration “should not be compromised by isolated distant distractions on a major trunk road where traffic speed is high”.

2.9 The sign remained in place despite repeated letters to Shell UK requesting its removal. The continued presence of the sign required that Committee approval be sought to instigate enforcement action. This was approved by the Planning & Environment Committee dated 12th. April 2000. Immediately afterwards the owner of the ground, the current applicant, indicated that he wished to apply for permission specifically for an un-illuminated sign. The findings of the Reporter were presented to the applicant and his agent, but did not deter the submission of the current application.

3. CONSULTATION AND OBJECTIONS

3.1 The advert generated one letter of objection. The objector, who submitted his observations on the previous application for advertisement consent, stated that he wished to retain his objections to this application. In his grounds of objection the impact of the sign on the visual amenity of the residential area were pointed out and that the sign could only be seen fleetingly from the A80.

4.OBSERVATIONS/ 42

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4. OBSERVATIONS AND CONCLUSIONS

4.1 As previously pointed out the advert which is the subject of this application is located to the north of the site and is well away from the existing vehicle access. From the adjacent local road network the sign performs no function in attracting business into the garage forecourt. If the sign is being used to advertise the location of the garage from the A80 I can confirm that due to topographic conditions and foliage, the sign cannot be viewed from the Glasgow bound traffic on the A80 and only fleetingly glimpsed by traffic travelling in the opposite direction. Once any potential customer has left the A80 they are faced with a journey of 2.5km along a number of local roads.

4.2 The site upon which the sign is located lies some 2m higher than the adjacent residential property. This in effect “adds” to the height of 5.9m sign accentuating the domination of the advertisement when viewed from the adjacent property. The sign is therefore a discordant and strident feature when viewed from the houses to, the north, detracting from the visual amenity of the residential area.

4.3 Given that the- sign is a dominant and obtrusive feature when viewed from the residential area, its remote location from its intended customers and the findings of the Scottish Office Reporter in his observations on the previous application, I would again recommend that planning permission be refused. 43

Application No: N/00/00735/FUL

Date Registered: 11 th July 2000

APPLICANT: SANDRO MORI, 9 MIDDLERIGG ROAD, BALLOCH, CUMBERNAULD, G68 9DP

Agent: Mr Andrew Begley, 26 Freeland Place, Kirkintilloch, G66 1ND

DEVELOPMENT: PART CHANGE OF USE OF RESTAURANT TO HOT FOOD TAKEAWAY AND RESTAURANT

LOCATION: 2 ETTRICK WALK, TOWN CENTRE, CUMBERNAULD

Ward No: 54 Grid: 275872-674551 File Reference: GLA Site History:

Development Plan: Zoned as ‘Shopping - SH1’in the Cumbemauld Local Plan (Adopted November 1993

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: No Response Newspaper Advert: No Response

COMMENTS: The applicant seeks planning permission for the part change of use of restaurant to hot food takeaway and restaurant at 2 Ettrick Walk, Town Centre, Cumbemauld. The unit is located adjacent to the roof top car park at the the entrance to the Phase IV shopping centre.

At present the unit is lying vacant, however “The Roof Top Cafe” were the previous occupiers who were granted planning permission on the 17* August 1997.

The unit is approximately 45 square metres in floor area and has a kitchen and restaurant area and male and female toilets. The proposed internal layout of the unit will be to occupy a wider preparation and takeaway area and to accommodate approximately nine tables. There will be a male and female toilet in the same location, however there will be provision for a disabled and staff toilet. Externally the frontage will not change.

Consultations and neighbour notifications have-produced no adverse responses and the newspaper advertisement resulted in no objections.

45

I therefore recommend that planning permission should be granted subject to the following condition.

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

List of Background Papers:

Planning Application Forms and Plans registered on 1lth July 2000 Cumbernauld Local Plan (Adopted November 1993) Consultation response from Transportation Manager dated 19th July 2000

Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478. 46

Application No: N/00/00766/FUL

Date Registered: 29~.June 2000

APPLICANT : MS. A. MILLER, ‘FERNLEA’, 72 STIRLING ROAD, KILSYTH G65 OHY

Agent:

DEVELOPMENT: ERECTION OF DOMESTIC GARAGE AND FORMATION OF VEHICULAR ACCESS

LOCATION: ‘FERNLEA’ 72 STIKLING ROAD, KILSYTH G65 OHY

Ward No: 66 Grid: 272607 - 678154 File Reference: AF Site History: None

Development Plan: Kilsyth Local Plan

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: SEPA East No Reply: Conditions:

REPRESENTATIONS:

Neighbours: None Newspaper Advert: Not required

COMMENTS: This application relates to the erection of a domestic garage and the formation of a second vehicular access at ‘Fernlea’, 72 Stirling Road, Kilsyth. The property is a detached dwellinghouse which has one existing access onto the A803 (Stirling Road) in Kilsyth. The applicable policy in the Kilsyth Local Plan is HG3 AlterationsExtensions to existing residential properties. While the proposal meets a number of criteria in this policy relating to design and location, Policy HG3 stipulates that residential development should also meet the guidelines of the Roads Department. The Transportation Manager has recommended refusal of this application on the following road safety grounds:-

- The proposal will create an additional vehicular access onto the A803 (Stirling Road); - Two vehicular accesses will be provided for the same property; - An undesirable precedent would be established.

The/

48

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The proposed domestic garage is acceptable in design and location. The overriding issue for consideration however, is the creation of a second vehicular access onto a busy classified road. The view of the Transportation Manager for refusal on road safety grounds is therefore considered to be fundamental in the consideration of this application. Negotiation with the applicant has failed to achieve an alternative location for the proposed garage which would not create an additional access. In view of the above it is considered appropriate to recommend refusal of this application.

RECOMMENDATION: Refuse on the following grounds:-

1. In the interest of road safety, in that the proposed development would create a second vehicular access from one property onto a busy classified road.

2. The proposed development would establish an undesirable precedent which would be difficult to oppose in other locations along the A803 (Stirling Road).

List of Background Papers:

Application forms and plans received 29*. June 2000 Kilsyth Local Plan

Any person wishing to inspect these documents should contact Allan Finlayson 0 1236-6 16465

Compas2000/Allan.F/0/00766/FUL laug/jk 49

Application No: N/00/00809/RJL

Date Registered: 30th June 2000

APPLICANT: MR & MRS J SLOSS, 14 EARLS HILL, BALLOCH, CUMBERNAULD

Agent: Wilkie Moore Architects, “Crofthead”, 31 Locksley Avenue, , Cumbemauld

DEVELOPMENT: ERECTION OF A REAR EXTENSION

LOCATION: 14 EARLS HILL, BALLOCH, CUMBERNAULD

Ward No: 56

Grid: ’ 273698-674930 File Reference: GLA Site History: N/A

Development Plan: Zoned as “Residential -HG4” in the Cumbemauld Local Plan

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water, British Gas No Reply: Conditions:

REPRESENTATIONS:

Neighbours: One letter of objection Newspaper Advert: Not Required

COMMENTS: The applicant seeks planning consent for a single storey rear extension to a dwelling at 14 Earls Hill, Balloch, Cumbemauld. One letter of objection has been received from a neighbour regarding the proposed extension. In considering the issues raised in the objection, I am of the opinion that the proposal will not substantially impact on the amenity of the surrounding properties and I therefore recommend that this proposal be granted subject to conditions. My comments and observations on the proposal and the concerns of the objector are contained in the accompanying report.

RECOMMENDATION: Grant, subject to the following conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland).- Act . 1997 \ 51

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

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

List of Background Papers:

Planning Application Forms and Plans registered on 30th June 2000 Cumbernauld Local Plan (Adopted 'November 1993) Consultation response from British Gas dated 18th July 2000 Consultation response from West of Scotland Water dated 20th July 2000 Letter of objection from Mr & Mrs Hamilton, 12 Earls Hills, Balloch dated 14th July 2000

Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478 52

APPLICATION NUMBER: N/OO/OO809/FUL

1. SITE AND PROPOSAL

1.1 The applicants, Mr and Mrs J Sloss reside in a bungalow, which is located at 14 Earls Hill, Balloch, Cumbemauld. The house is situated on a large plot.

1.2 The application site is zoned as “Residential - HG4” as defined by the Cumbemauld Local Plan (Adopted November 1993).

1.3 The proposal is for the erection of a single storey rear extension, approximately thirty nine square metres in floor area, which is to accommodate a lounge and a bedroom with ensuite .

1.4 The extension is to’have a pitched roof, which is to match in structure and materials of the existing roof. The external finishes on the walls, windows and doors are to match the existing property.

2. CONSULTATIONS

2.1 Summaries of consultation responses are as follows:- West of Scotland Water - No Objections British Gas - No Objections

3. OBJECTIONS

3.1 There was one letter of objection submitted by a neighbouring property.

3.2 The grounds of objection are as follows:-

(a) The size of extension is large and will overshadow both the objectors’ back garden and the rear elevation of their property:

(b) The outlook from the objectors’ kitchen window will be non existent.

(c) The amenity of the objectors’ property will be greatly reduced by the proposed blank elevation.

(d) No objection in principle to the extension, however it would be appreciated if the applicant could reconsider the location of the extension. 53

4. OBSERVATIONS ANT.) CONCLUSIONS

4.1 With regard to each of the objections;

4.2 (a) The extension is thirty nine square metres, however the plot is 1028 square metres in size and will have adequate garden space remaining. The property of the objector at 12 Earls Hill has a good sized plot at 658 square metres, with a large conservatory on the rear elevation. The boundary treatment between both properties is a mature hedge, which at present creates a good quality of privacy.

(b) The right to a view is not a planning consideration, however the objectors’ have a pleasant outlook into their mature garden area, with a mature hedge secluding their view into the applicants’ property anyway.

(c) The. side elevation of the proposed extension, which will be adjacent to the rear elevation of the objectors’ property will be finished in a material to match the existing property. There will be no windows on this elevation, which will result in no overlooking by inhabitants, thus not being detrimental to either property.

(d) The proposed extension has been planned at this location, on the rear elevation of this property, because it links with the existing internal use of the house. The other side of the property has an integral garage which would not have been compatible with the proposed extension.

4.3 In concluding, the plots of both the application site and the objector are of a good size. The objector already has a substantial conservatory located on their rear elevation, which overlooks the application site. The extension is a suitable design, whereby there are no windows overlooking any properties and the roof ridge merges with the existing roof line in a sympathetic manner.

4.4 For the reasons set out above, I consider that the above proposal is acceptable and would recommend that planning permission is granted subject to conditions. 54

Application No: N/00/00817/FUL

Date Registered: 10th. July 2000

APPLICANT: MR. K. BARHAYA, 112 SPRINGKELL AVENUE, POLLOKSHIELDS, GLASGOW G414EW

Agent:

DEVELOPMENT: CHANGE OF USE OF BETTING OFFICE TO HOT FOOD TAKE- AWAY OUTLET

LOCATION: 2 NETHERCROY ROAD, CROY, KILSYTH G65 9JF

Ward No: 64 Grid: 272308 - 676155 File Reference: . MD Site History: 90/0124/PL: Extension to Betting Office - Approved October 1990; 93/0143/PL: Erection of Shop - Refused February 1994 for lack of information, road safety and precedent reasons;

Development Plan: Kilsyth Local Plan 1999: Residential (HG3-5), Village Enhancement (NE6)

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: Newspaper Advert: Four

COMMENTS: The application is for change of use of betting office to hot food take- away at 2 Nethercroy Road, Croy. The betting office is currently closed.

There are no potential residential amenity problems with the application site being 35m from the nearest dwelling which is on the opposite side of the adjacent public house. There are no transportation objections. Four letters of objection have been received, but it is not considered that any matters of ovemding significance have been raised.

There are no planning objections to the proposed change of use and it is recommended that planning permission be granted.

56

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RECOMMENDATION: Grant, subject to the following conditions:-

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

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

2. That. before the approved development starts full details of all external materials on the proposed windows and door shall be submitted to, and approved in writing by the Planning authority, including any modifications as may be required.

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

List of Background Papers:

Application form and plans Kilsyth Local Plan 1999 Letter of representation from Croy Village Trust, clo Ms A. Crainie, Croy Community Hall, Nethercroy Road, Croy, Kilsyth, G65; Croy Re-Generation Group, c/o Ms A. Crainie, 54 Hillside, Croy, Kilsyth; Mr. H. Canavan, 7A Constarry Road, Croy G65 9HQ; Mrs. M.B. Canavan, 28 Barbegs Crescent, Croy G65 9HZ.

Any person wishing to inspect these documents should contact Martin Dean on extension 01236-616459.

Comaps20/M.Dean/N/00/00817FUL/31 aug/jk 57

APPLICATION NO: N/00/00817/FUL

1. SITE AND PROPOSAL

1.1. The application is for a change of use to hot food take-away outlet 0, the currently closed betting office at 2 Nethercroy Road, Croy. The premises is adjacent to a public house with open land on all other sides. It is proposed to form two front windows and re-open a currently blocked-off side door.

1.2 Under the terms of the Kilsyth Local Plan 1999 the site is covered by residential policies (HG3-5).

2. CONSULTATIONS AND REPRESENTATIONS

2.1 There are no objections from the Transportation Manager.

2.2 The application was advertised in the Kilsyth Chronicle with four letters of objection being submitted. The points of-objection are as follows:-

- Croy and the immediately surrounding area already have enough take-away outlets. As there is not enough business in Croy for an additional take-away there will be an adverse affect on established local businesses; - The position of the building next to a public house may lead to disturbance especially late at night; - A congregation of customers near to a main road could be dangerous.

3. OBSERVATIONS

3.1 With respect to the points of objections:-

- Any potential adverse affect on existing premises is a matter of competition and is not a relevant planning consideration; - There is no reason to believe that the premises position next to a public house will lead to disturbances. If however this is the case it would be a police rather than a planning matter; - The application site is 20m from a main road and as such there should be no pedestrian safety dangers. There are no objections from the Transportation Manager.

3.2 Key points of consideration with take-away outlets are whether there is any adverse affect on residential amenity and whether there are any related road safety dangers. The nearest dwelling is 35 metres from the application site on the opposite side of the adjacent public house. Due to this significant distance it is not considered that there will be any adverse affect on residential amenity. As covered above there are no road safety implications.

4. CONCLUSIONS

4.1 It is considered that the proposed change of use to take-away outlet is acceptable and as such it is recommended that planning permission be granted. 58

Application No. Cl9810 1088RuL Date registered . 14 September 1998 APPLICANT MR GEORGE MCCRONE, 1 CALDERBANK VIEW COTTAGES, AIRDRIE

Agent John Harley, Architects, 47 Forsyth Street, Airdrie DEVELOPMENT ERECTION OF EQUESTRLAN CENTRE INCLUDING TEMPORARY RESIDENTIAL ACCOMMODATION LOCATION LAND AT CALDERBANK ROAD, AIRDRIE

Ward No. 50 Grid Reference 276318 663696

File Reference CPL/O7360/20O3/2/000/IJ/SOH

Site History . In 1991 Application No. 91/260 was refused planning permission by the former Monklands District Council for the erection of a house at the site. In 1992 a similar proposal, Application No. 92/509 was also refused planning permission by the Council.

Planning permission was sought for a similar proposal with a permanent house in 1996 (App No. 961157). Planning permission was refused. The applicant subsequently appealed this decision, but following a Public Inquiry, permission was refhed again.

Development Plan Policy GB 1 of the Strathclyde Structure Plan 1995 Policy GB1 and LI1/2 of the Monklands District Local Plan 1991

Contrary to Development Plan Yes

CONSULTATIONS

Objection Central Scotland Countryside Trust No Objection NLC Director of Finance Services, West of Scotland Water Authority, Scottish Environment Protection Agency Conditions NLC Head of Parks and Catering No Reply

REPRESENTATIONS Neighbours None

Newspaper Advertisement Three

COMMENTS The applicant proposes to form a livery stables and riding school business at property that previously formed part of Hillhead Farm, Calderbank. The development would include the construction of stables buildings and the formation of a riding paddock and training area. The applicant also proposes to erect temporary accommodation for the period of establishing the business The site is within the statutory Green Belt.

Having assessed the matter against the policies of the Local Plan, the representations submitted to the application and the previous decision by the then Secretary of State for Scotland, I consider the proposal to be acceptable and recommend that planning permission is granted subject to conditions and a Section 75 Agreement. .-

R9801088 i9

OBJECTORS - OUTwlTH MAP 1 MRHUGH DERBANK ..A..,,, AL,

- Rodwed -2of Planning and mnroment PLANNING APPLICATION: C/98/01088/FU L csntnl DMS~ Munapal BLUldings ERECTION OF EQUESTIRAN CENTRE INCLUDING KildoMn S-t TEMPORARY RESIDENTIAL ACCOMMODATION ON COATBRIDGE LAND AT CALDERBANK ROAD, CALDERBANK, AlRDRlE A Tedephone 01238 812222 Fm 01238 431068 1:5000 Th~scopy has been pmduced speufically for Plannlng and Building Control purposes only No further copes may be made I 60

RECOMMENDATION

Grant, subject to the following conditions.

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

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

2. That the temporary residential accomodation shall not be occupied until1 the proposed stable block, jumping arena and training area shown on the approved plans have been constructed and the proposed busines has commenced.

Reason: To accord with the approved Green Belt policy.

3. That the proposed temporary residential accomodation shall remain on site for a period of three years whilst the new business is being established, but shall be removed fiom the site along with any works associated with it and the ground made good no later than four years from its occupation, the date of which shall be notified to the Planning Authority within three days of its occupation.

Reason: To accord with the approved Green Belt policy.

4. That within 6 months prior to the termination of the temporary consent granted under condition 3 above a further planning application shall be submitted to the planning authority for any continued residential presence on site and this shall be accompanied by material demonstrating a clear justification for such a structure.

Reason: To accord with the approved Green Belt policy.

5. That before the development hereby permitted is brought into use a 2 metre wide footpath shall be provided along the fiontage of the site in accordance with the specifications of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

6. That before the development hereby permitted is started a right hand turning facility including the provision of pedestrian islands shall be provided at the site access in accordance with the specifications of the Roads Authority and as described in the roads guidelines published by the said authority.

Reason: In the interests of traffic and pedestrian safety.

7. That a visibility splay of 4.5metres by 90metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is started, everything exceeding 1.05 metres in height above the road channel level shall be removed fiom the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

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

R9801088 61

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

9. That before the development is brought into use the new site access road approved under condition 7 above shall incorporate a corner radii of 10.5metres in accordance with the specifications of the Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

10. That no gates, or other obstructions, shall be erected within the first 11 metres from the edge of the carriageway.

Reason: In the interests of traffic and pedestrian safety.

11. That access to the site shall be surfaced and drained for the first 15 metres in accordance with the specifications of the Roads Authority.

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

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

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

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

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

14. That within one year of the completion of the stables building hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

15. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of- (a) the proposed footpaths shown on the approved plans; (b) the proposed parking areas shown on the approved plans; (c) the proposed grassed, planted and landscaped areas hatched green on the approved plans; (d) the proposed fences to be erected along the boundaries marked red and blue on the approved plans.

R9801088 62

Reason: In the-interests of the visual amenity of the site and the surrounding green belt area.

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

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

17. That the permission hereby granted shall restrict all sales from the Tack Room to goods ancillary to the approved business activity,as agreed with the applicant.

Reason: To accord with the approved Green Belt policy.

NOTE TO COMMITTEE

The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of the restriction of the occupancy of the residential accomodation to a person who is employed full time on the business and to prevent the application site being divided up and sold or leased as separate parcels. The agreement will also require the removal of all buildings from site in the event that the business becomes non viable. The planning consent should not be issued until these matters have been concluded.

List of Background Papers

Plans and application form submitted on 30 July 1998 Strathclyde Structure Plan 1995 Monklands District Local Plan 199 1 Secretary of States Appeal Decision dated 3 December 1997 Letter of objection fiom Calderbank Conservation Society dated 7 October 1998 Letter of objection from Monkland Glen Community Council dated 28 September 1998 Consultation response from West of Scotland Water Authority dated 9 October 1998 Consultation response from Central Scotland Countryside Trust dated 16 October 1998 Consultation response from Scottish Environment Protection Agency dated 22 October 1998 Letter of objection from former Councillor Hugh Lucas dated 15 October 1998 Letter to former Councillor Hugh Lucas dated 22 October 1998 Letter to applicant’s agent dated 29 October 1998 Consultation response from Central Scotland Countryside Trust dated 29 October 1998 Letter to British Horse Society dated 13 November 1998 Consultation response from NLC Head of Parks and Catering dated 9 November 1998 Letter from applicant’s agent received 14 January 1999 Letter from British Horse Society dated 15 January 1999 Memorandum to NLC Director of Finance dated 3 February 1999 Memorandum to NLC Head of Parks and Catering dated 4 February 1999 Letter to Monkland Glen Community Council dated 4 February 1999 Letter to Central Scotland Countryside Trust dated 4 February 1999 Letter to Calderbank Conservation Society dated 4 February 1999 Letter to applicant dated 4 February 1999 Letter to former Councillor Hugh Lucas dated 4 February 1999 Letter of objection from Monkland Glen Community Council dated 26 February 1999 Letter to applicant’s agent dated 12 March 1999 .-

R9801088 63

- Letter and Business Plan from R. Letham & Co., Chartered Accountants, 5 Victoria Place Airdrie, ML6 9BU dated 26 February 1999. - Letter from applicant dated 27 February 1999 - Memorandum to Director of Finance dated 2 1 April 1999 - Consultation response from Head of Parks and Catering dated 3 1 March 1999 - Consultation response from NLC Head of Accounting Services dated 29 April 1999 - Letter to applicant dated 15 October 1999 - Business Plan received from applicant on 3 November 1999 - Letter from R. Letham & Co., Chartered Accountants, 5 Victoria Place Airdrie, ML6 9BU dated 6 December 1999,

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

R9801088 64

APPLICATION NO. C/98/01088/FUL

REPORT

1. THE APPLICATION SITE AND ITS LOCATION

1.1 The proposed development site is located on the south side of Calderbank Road, Airdrie to the east of its junction with Sikeside Road and Cairnhill Road. It is within an area of open countryside which is allocated as Green Belt within both the Structure Plan and Local Plan.

1.2 The applicant holds ownership of 5.67 hectares of land at this location of which 0.75 hectares (the application site) will be laid out for stables, riding arena, paddock and temporary residential accommodation.

2. THE APPLICATION

2.1 Planning permission is sought to erect a stables block and a temporary accommodation unit on the site adjacent to Calderbank Road. This part of the application site has a derelict cottage which only has some foundations and one wall remaining. It is also proposed to form a riding arena and small paddock adjacent to the stables. There will be 14 parking spaces within a central courtyard area and this part of the site will be screened from Calderbank Road with an area of tree planting along the northern boundary of the site. A new vehicular access will be formed onto Calderbank Road.

2.2 The remaining 4.92 hectares of land to the south and east of the stables and paddock area will be used for grazing horses.

2.3 It is proposed to operate the new business on a mixture of livery stables and as a riding school.

3. POLICY CONTEXT

3.1 The application site is covered by policy GBl of both the Strathclyde Structure Plan 1995 and the Monklands District Local Plan 199 1. These are outlined as follows:

3.2 Strathclyde Structure Plan 1995

Policy GBUGBlA

3.3 GBI: The spread of built up areas and the encroachment of development into the countryside, within a ‘greenbelt’ around the Conurbation and Ayr/PrestwicldTroon, as indicated on the Key Diagram, shall not accord with the Regional Development Strategy.

3.4 GBIA: Proposals for development within the Greenbelt shall require to be justified against the following criteria,

(a) economic benefit (3) specific locational need (c) infastructure implications, and (4 environmental impact.

AdoDted Monklands District Local Plan 1991

3.5 GB1 (Restrict Development in the Countryside) “Within areas designated as Green Belt no development will be permitted except for:-

a) New houses forfill time workers in connection with forestry or agriculture where the applicant:-

(9 can shuw that a new house on the site proposed has the support of the Foresby Commission or Department of Agriculture and Fisheriesfor Scotland.

R9801088 65

(ii)' can show that there is no house, building plot, or building. suitable for conversion available nearby or within a nearby settlement.

(iii) is willing to enter into a Section 50 Agreement (now Section 75 Agreement) to restrict future occupancy of the house to a full time forestry or agricultural worker.

(iv) is proposing a development which conforms with the District Council's design guidance.

b) Non residential developments in connection with forestry or agriculture

c) Uses requiring a rural location:-

(i) to avoid nuisance to neighbours (e.g. animal boarding kennels)

(ii) since they need large areas of open space (e.g riding stable or go@"courses). d) Areas identified as having substantial development potential:-

(I) Drumpellier Country Park - Leisure and Recreation Use (2) Business Use (3) South Chapelhall Hotel

4. CONSULTATIONS

4.1 Central Scotland Countryside Trust have objected to the proposal on the basis that it is of an inappropriate scale for the Green Belt location and that tree planting is necessary on the southern edge of the site to screen it from the North Calder Water and Calderbank. They have also expressed concern about the design and scale of the temporary accomodation.

4.2 The Council's Head of Parks and Catering has suggested that fences be erected around the perimeter of the site to prevent damage to young woodland trees that have recently been planted by Central Scotland Countryside Trust.

4.3 The Director of Finance has indicated that the business plan relating to the proposal indicates that the level of business will support someone in full time employment.

4.4 The other servicing authorities have not offered any objections to the proposal.

5. REPRESENTATIONS

5.1 The Calderbank Conservation Society, The Monkland Glen Community Council and the former Councillor for the area Hugh Lucas have all submitted objections to the proposals. Their concerns are expressed as follows:

The proposed development would be an unacceptable erosion of the Green Belt.

The requirement for additional accommodation has been called into question given the applicant resides in the nearby converted farm steading.

There would be no wider benefit, economic or otherwise, to the community as a result of the development.

That by developing at this location would result in buildings predominantly situated on the skyline and also blocking the views fiom the road to the south and west.

The development of this site would lead to the coalescence of Calderbank and Airdrie..- .

R9801088 66

The scale of the development would not generate a sufficient level of employment to justify a permanent house on the site.

The development creates ribbon development as specified in SCC Circular 2411985

The proposed access onto Calderbank Road would be detrimental to road safety

6. ASSESSMENT

6.1 The primary issue which has to be considered when assessing applications of this nature is their appropriateness and compliance with the relevant development plans. The application site is located within an area designated in both the structure plan and the Local Plan as greenbelt where there is a general presumption against inappropriate development in the Countryside under Policy GB 1. The Structure Plan requires that any development proposal within the greenbelt has to be assessed in terms of its economic benefit, specific locational need, infrastructure implications and environmental impact whilst the Local Plan is more specific in terms of acceptable uses in the greenbelt.

6.2 In considering this current proposal due cognisance should also be given to the issues surrounding a previous similar application (ref: 96157 - Use of land as equestrian centre, erection of dwellinghouse and stables and formation of vehicular access at Hillhead Farm) which was dismissed on appeal following a public inquiry in December 1997. The Secretary of State’s Reporter determined that the principal issues in that appeal were; firstly, consistency with the thrust of the development plan; secondly, consistency with the thrust of national guidelines; thirdly, whether the proposal would be a hazard to traffic and pedestrian safety and fourthly, any other material considerations.

6.3 The current application is in the main identical to that previously rejected on appeal with the exception that permission is now sought for temporary residential accommodation; the site has been expanded in size and the Business Plan supporting the proposal is more detailed.

6.4 With regard to compliance with the thrust of the Development Plans the proposed equestrian use will serve little economic benefit. However the use can be seen as justifiable under the specific locational needs criterion of both the Structure Plan and the Local Plan as a use requiring a mal location. In terms of Sastructure implications the equestrian ‘use would not have a significant impact in sofar as it would not create any capacity problems and environmental impact is also considered minimal given the limited scale and nature of the equestrian use. Policy LRlO of the Local Plan also promotes the development of suitable leisure and recreation usese in the CountTyside. Having regard to the above the reporter concluded in his previous decision letter that the equestrian use on its own would satisfy the terms of the Development Plan.

6.5 In terms of consistency with National Guidelines NPPG11 indicates that outdoor sports and recreation may be appropriate provided they can be shown to be consistent with the purposes of the greenbelt. As this development plan reflects the terms of National Guidance the equestrian use is considered to be consistent therefore with the purposes of the greenbelt as a recreational use.

6.6 In relation to the proposed temporary residential accommodation the reporters findings on the previous appeal concluded that while it was accepted that 24 hour on site supervision was required to ensure adequate security and safety of animals (horses) then as the equestrian use was not yet operational and not as such a proven viable business enterprise then a dwellinghouse could not satis@ the specific locational need criterion as laid down in the development plan. He considered that the necessary supervision over the acceptable equestrian use should be provided through the provision of temporary accommodation, until such time as the business could demonstratethat it was properly established.

6.7 Taking the road safety aspect in the first instance the objectors are concerned that the new access to be formed will be detrimental to road safety. This is one of the four key issues which the Reporter examined in the previous case. In that instance it was decided that “I do not consider that the proposed development would be likely to be a hazard to traffic and pedestrian safety.” Whilst having regard to the Reporters comments I consider it appropriate that additional road safety measures are provided at the site access to negate any potential hazard to traffic or pedestrian safety. The‘lnclusion of pedestrian

W801088 67

islands with restricted turning facilities at the site frontage will I feel satisfy concerns over road safety at this location:

6.8 With regard to the scale of the development the applicant has increased the site area fkom 0.75ha to 5.67ha. The original sized site 0.75ha. will be laid out as the yard area with stables, parking, residential caravan, jumping arena and training area. The remainder of the site which will be an open field will be used for grazing horses. The business plan that has been submitted with the application shows that there is a sufficient level of business to support a full time employee. While it should also be noted that a separate planning proposal is under consideration for a horse stabling activity at nearby Hillhead Farm the Director of Finance has concluded in his assessment of the Business Plan that this current proposal would only lead to a modest increase in this type of market.

6.9 In terms of the actual location of the buildings, concern is expressed that they are situated on the skyline and will block an important view to the south and west f?om Calderbank Road. In terms of blocking the view I would only consider this to be a determining factor if the development was designed in such a manner as to be intrusive and inappropriate for the location. There is evidence of a previous development on this part of the application site and I am of the view that the proposed buildings on the site are designed in a manner which is commonly found in countryside areas. For these reasons I do not consider that their position on the skyline presents an issue whereby planning permission would be recommended for refusal.

6.10 Concern has been expressed about the development’s constituting ribbon development and the possible coalescence of Calderbank and Airdrie. The objectors have raised SDD Circular 24/1985 as a material consideration. This circular suggests that sporadic and ribbon development should not take place in the Green Belt unless it is related to recreation. The detailed assessment of the development plan framework above suggests that the proposal is acceptable for the Green Belt, being associated with recreation. Therefore I do not consider that the proposal is contrary to the advice given in Circular 24/1985 and do not believe planning permission should be refused for this reason.

6.1 1 In recent years the Central Scotland Countryside Trust has undertaken a number of environmental improvement projects in the area as part of the North Calder Heritage Trail and the Airdrie Woodlands Initiative. The trust, along with the objectors, has expressed concern that the proposal would have a detrimental affect on the work that has been done. The applicant has however, proposed to add additional boundary planting to the fields to the south along with the screening of the stables and yard area with tree planting. I can therefore only conclude that the addition of further tree planting within the area will only serve to enhance the existing tree planting. It not proposed to remove or develop adjacent to any existing planting.

6.12 Taking into account the foregoing and in particular the previous appeal decision I consider that the proposal put forward offers an acceptable use for the Green Belt and is sufficiently controlled by the use of temporary accommodation to prevent any long term erosion of the Green Belt should the equestrian business fail to support one person in full time employment. Further to this the applicant has agreed to enter into a Section 75 Agreement that would mean that the land in his ownership extending to 5.67 hectares could not be divided up and sold or leased in parcels and that the residential accommodation be used by someone who is in full time employment in the equestrian business on site.

7. CONCLUSIONS

7.1 I have assessed the matter in relation to the terms of the Strathclyde Structure Plan 1995 and the Monklands District Local Plan 1991 , the previous appeal decision of the Secretary of State for Scotland and the concerns of the objectors, the consultees and the former Local Member. In doing so I consider that the proposal as it stands is acceptable and recommend that planning permission is granted subject to conditions and a Section 75 Agreement.

R9801088 68

Application No. C/99/0 1254lFUL Date registered 22 September 1999 APPLICANT MR & MRS HYSLOP, ROCHSOLES FARM,AIRDRIE, ML6 OHP

Agent None DEVELOPMENT ERECTION OF A TEMPORARY CHALET (3 YEAR PERIOD) LOCATION HILLHEAD FARM,CALDERBANK ROAD, AIRDRIE

Ward No. 50 Grid Reference 276674 - 663727

File Reference C/PL/07360/200 1/2/000/IJ/SOH

Site History None

Development Plan Policy GB 1 and RES 1 of the Strathclyde Structure Plan 1995 and GB 1 of the Monklands District Local Plan 199 1

Contrary to Development Plan Yes

CONSULTATIONS

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

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement Monkland Glen Community Council

COMMENTS The applicants propose to erect a temporary residential chalet in association with the agricultural operations that they are currently involved in at this site. Having assessed the matter in relation to the comments received ffom the local Community Council and the terms of the Structure Plan and Local Plan I consider the proposal to be acceptable subject to a condition restricting the occupancy of the unit.

RECOMMENDATION

Grant, subject to the following conditions.

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

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

2. That the occupation of the dwellinghouse hereby permitted shall be limited to a person employed full time locally in agriculture, as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997, or forestry, or a dependant of such a person, residing with him, or her, or the widow or widower, of such a person. .- Reason: To accord with the approved Green Belt policy.

R990 1254

70

That the chalet hereby approved shall be removed from the site and the site made good within one year from the date 'of its construction on site, this date shall be notified to the Planning Authority within 3 working days of the chalet going on site.

Reason: To enable the Planning Authority to retain effective control over a temporary building and in order to accord with approved Green Belt policy.

That details of the specific siting of the proposed chalet shall be submitted to,and approved in writing by the Planning Authority,before any works start on site.

Reason: To ensure that the positioning of the chalet is appropriate and to the satisfaction of the Planning Authority.

List of Background Papers

- Plans and application forms submitted on 13 September 1999. - Strathclyde Structure Plan 1995. - Monklands District Local Plan 1991. - Consultation response from West of Scotland Water Authority dated 19 October 1999. - Consultation response from The Coal Authority dated 4 October 1999. - Consultation response from Transco dated 1 1 October 1999. - Letter of objection from Monkland Glen Community Council dated 11 October 1999.

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

-901254 71

APPLICATION NO. C/99/01254/FUL

REPORT

1. THE SITE AND ITS LOCATION

1.1 The application site is located on the south side of Calderbank Road in Airdrie between the former Hillhead Farm steading and an existing cottage on the East Side of the farm.

1.2 The application site forms part of Hillhead Farm which is primarily a grass, livestock unit extending to almost 55 hectares. This farming operation has been established at this location in excess of 5 years and the applicants hold ownership of 2.02 hectares of the land with the remaining held under a range of tenancy agreements.

2. THE APPLICATION

2.1 The applicant currently lives in rented accommodation in Glenmavis where they operate a livery business for 7 horses. They also farm the 55 hectares of land adjoining Hillhead Farm. The applicant has been asked to vacate the rented accommodation in Glenmavis and is seeking planning permission for temporary accommodation at Hillhead Farm.

2.2 The proposal is for a small chalet similar to a fixed site caravan. The applicant has requested that permission be granted for a period of three years. Although not part of the current submission the applicant also proposes to re-establish the livery business at the application site.

3. REPRESENTATIONS

3.1 One letter of representation has been received from Monkland Glen Community Council. There objections are expressed as follows:

a) The site is within the Green Belt and this should be retained as open countryside and woodland.

b) There are a number of houses within the vicinity which precludes the need for a new one here.

c) The provision of a temporary building may prove difficult in removing at a later date requiring formal action by the Council.

d) There have already been a number of inappropriate alterations to the existing farm steading when it was converted to housing.

The Community Council do, however, state that if a new house were designed in a vernacular style there may be merit in approving such a proposal.

4. POLICY CONTEXT

4.1 Strathclyde Structure Plan 1995

4.2 Policy RESl/RESlA

RESl: The Regional Development Strategy requires that preference shall be given to residential development on “brownfield” infill or redevelopment sites within urban areas (excluding zoned and other valued andfirnctional open space), rather than “greenfieldsites.

RESIA: Proposals to extend the “greenfield”supply of land for residential development shall require to be justiJed against the following criteria,

(a) the evidence of owner-occupied demand, and the effective supply of development opportunities, in the relevant housing market area, (6) the evidence of need for social or rented housing established in the relevant local authority’s approved housing plan,

W901254 72

(c) the accessibility to the public transport network and town centres, (4 inffastructure implications, and (e) impact on policy for Greenbelt, Greening the Conurbation, or the Countryside Around Towns.

4.3 Policy GBl/GBlA

GBI: The spread of built up areas and the encroachment of development into the countryside, within a ‘greenbelt’ around the Conurbation and Ayr/Prestwick/Troon, as indicated on the Key Diagram, shall not accord with the Regional Development Strategv.

GBIA: Proposals for development within the Greenbelt shall require to be justified against the following criteria,

(a) economic benefit (b) specific locational need (e) inffastructure implications, and (4 environmental impact.

AdoDted Monklands District Local Plan 1991

4.4 GB1 (Restrict Development in the Countryside) “Within areas designated as Green Belt no development will be permitted except for:-

a) New houses forjkll time workers in connection with forestry or agriculture where the applicant-

(i) can show that a new house on the site proposed has the support of the Forestry Commission or Department of Agriculture and Fisheries for Scotland.

(ii) can show that there is no house, building plot, or building suitable for conversion available nearby or within a nearby settlement.

(iii) is willing to enter into a Section 50 Agreement (now Section 75 Agreement) to restrict future occupancy of the house to a full time forestry or agricultural worker.

(iv) is proposing a development which conforms with the District CounciIS design guidance.

b) Non residential developments in connection with forestry or agriculture

e) Uses requiring a rural location:-

(i) to avoid nuisance to neighbours (e.g. animal boarding kennels)

(ii) since they need large areas of open space (e.g riding stable or golfcourses).

4 Areas identified as having substantial development potential:-

(I) Drumpellier Country Park - Leisure and Recreation Use (2) Luggie Water - Business Use (3) South Chapelhall Hotel

5. ASSESSMENT

5.1 The application under consideration is for the erection of a temporary residential chalet for use directly associated with the applicants established farming operations at Hillhead Farm. In addition, the proposed relocation of the applicants current horse livery operations to Hillhead Farm is seen by the applicants as justification for an on site residential presence to oversee and manage their farming and associated horse livery activities at Hillhead Farm. .-

5.2 The primary issue which has to be considered when assessing applications of this nature is their appropriateness and compliance with the terms of the relevant Development Plans. The application site

R9901254 73

is located within an area that is designated in both the Structure Plan and the Local Plan as greenbelt. Whereas both plans clearly presume against inappropriate development in the Countryside under Policy GB1 and the applicants current farming operations at Hillhead Farm to which the proposed temporary residential accommodation is to be directly associated are wholly compliant and acceptable to that policy within this greenbelt location. The introduction of any horse livery activity at Hillhead Farm would also be seen within the terms of the development plans as being an acceptable greenbelt use.

5.3 When viewed against the provisions of policy GB1 of the Monklands District Local Plan the current proposal must be assessed specifically in terms of new houses required for full time workers in connection with forestry or agriculture. In support of this application a report has been submitted by the Scottish Agricultural College which confirms “that the size of unit (Hillhead Farm) and the stock carried justify at least one person working full time”. In addition the report states that ‘to continue to satisfactorily manage their farming and associated business activities the applicants require a new dwelling house and steading in close proximity to the land that they will continue to farm’.

5.4 The prior disposal of the original farm steading from the current agricultural holding at Hillhead Farm has resulted in there being no buildings at the farm available for the applicants to occupy. Having regard to the applicants specific circumstances in that he has to vacate his current rented accommodation at Glenmavis within a short timescale and also transfer his horse livery activities to Hillhead Farm then I consider the proposal acceptable on the basis that the accommodation required will be directly associated to the applicants ongoing farming operations and the strucutre itself will be of a temporary nature which is required until permanent accommodation can be established. It should be noted that a concurrent application is being reported to committee for outline planning permission for the erection of a permanent house at this site (App. No. 99/01255/OUT).

5.5 The application site is set between the converted farm steading and a small cottage and is currently used for the storage of heavy agricultural vehicles which are used as part of the applicants farming operations. The development of this small gap site will be confmed within the well defined boundaries of this small residential compound and cannot be viewed therefore as an inappropriate erosion of the greenbelt. In addition the introduction of an acceptably designed strucutre albeit temporary in nature would also be an environmental benefit through the removal of the unsightly heavy vehicles presently located on site.

5.6 The comments of the transportation Division in respect of the preferred servicing of the application site by a single vehicular access onto Calderbank Road as opposed to the present arrangements of two private accesses serving the application site at Hillhead Farm and the converted Farm Steadings are noted. However it is not possible to stop up the link between these accesses as suggested due to ownership difficulties, and it would be inappropriate to impose such a condition any Planning consent.

5.7 Whereas concern has been raised by the Community Council that the removal of the temporary chalet may prove problematic on expiry of any time limited planning permission the authority have suitable powers available through legislation to require the chalets removal when required.

5.8 The proposal is acceptable on the basis that it is related to an agricultural business and is for a temporary period only. In order to ensure that this remains the case I recommend that conditions are attached to planning permission that restrict the occupancy of the chalet to someone who is employed full time in the agricultural business on site and that the chalet is removed fiom the site after a suitable period. The applicant has requested that the chalet remains on site for three years. However, I consider that in order that permanent accommodation is found within a reasonable period and in the interests of the visual amenity of the surrounding area, that this period be reduced to one year only. This affords the Council to reassess the situation within an appropriate timescale and to accord with the terms of the Green Belt policies of the Structure and Local Plans.

5.9 On the whole I am therefore satisfied that the proposal can be justified under the terms of both the Structure Plan and the Local Plan. The accommodation is for a temporary period, it is associated with a agricultural business and it does not extend the current boundaries of the surrounding group of buildings into the open countryside of the Green Belt. I therefore consider that $e application proposes an appropriate development for the Green Belt.

R9901254 74

6. CONCLUSIONS

6.1 Having assessed the matter in relation the objections submitted by the Monkland Glen Community Council against the policies of the Structure Plan and Local Plan I consider the proposal to be acceptable and recommend that planning permission is granted for a temporary period and subject to a condition restricting the occupancy of the chalet.

R9901254 75

Application No. C/99/0 1255EUL Date registered 22 September 1999 APPLICANT MR & MRS HYSLOP, ROCHSOLES FARM, AIRDRIE, ML6 OHP

Agent None DEVELOPMENT ERECTION OF ONE DWELLINGHOUSE (IN OUTLINE) LOCATION HILLHEAD FARM, CALDERBANK ROAD, AIRDRIE

Ward No. 50 Grid Reference 276674 663727

File Reference C/pL/07360/200 1 /2/000/IJ/SOH

Site History None

Development Plan Policy GB 1 and RES 1 of the Strathclyde Structure Plan 1995 and GB1 of the Monklands District Local Plan 199 1

1 Contrary to Development Plan Yes

CONSULTATIONS

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

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement One

COMMENTS The applicants propose to erect a house in association with the agricultural operations that they are currently involved in at this site. Having assessed the matter in relation to the comments received fiom the local Community Council and the terms of the Structure Plan and Local Plan I consider the proposal to be acceptable subject to a condition restricting the occupancy of the unit.

RECOMMENDATION

Grant, subject to the following conditions.

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

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

2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other smctures; (b) the means of access to the site; ... (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site;

R9901255 09-RUG-2000 13:27 FROM NORTH LQNQRKSHIRE COUNCIL TO 01698302456 P .02/02

~ PLANNING APPLICATION: cmmizaom &ORm ERECTiON OF ONE DWELLINGHOUSE(IN OUTLINE) LANARKSHIRE AT HILLHEAD FARM, CADERBANK ROAD, CWNClL CALDERBANK AlRDRlE A ~rmnhvmemu~mIr*prp OBJECTOR MONKLAND GLEN COMMlJNIfY COUNCIL 1:5000 m&=-sz' rn rpey k) mn V 8p8~*Pianrlng and 6WmCOmDl pupamW. ma~rnPmw.tmrrw~ NbIuQmtodslrlrav bond8 TOTQL P.82 77

(e) the design and location of all boundary walls and fences; (f) details of existing trees, shrubs and hedgerows to be retained; (g) details of existing and proposed site levels.

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

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

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

4. That the occupation of the dwellinghouse hereby permitted shall be limited to a person employed full time locally in agriculture, as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997, or forestry, or a dependant of such a person, residing with him, or her, or the widow or widower, of such a person.

Reason: To accord with the approved Green Belt policy. j

5. That notwithstanding the requirements of condition 2 above the house shall be designed with the following details:

(a) the house shall be single storey, although accommodation be be formed in the roofspace and the rooms lit by traditional rooflights or dormer windows; (b) the house shall be no higher than 7.5 metres from exisiting ground level to the highest part of the ridge of the roof; (c) the roof of the house shall be a traditional double pitched roof with an angle between 37 and 45 degrees; (d) the main elevation of the house shall front Calderbank Road and the ridgeline of the roof shall ~zul parallel with Calderbank Road; (e) the roof shall be finished using natural slate or an acceptable slate substitute; (f) the external walls of the house shall be finished using a sandstone based blockwork basecourse and a matching coloured wet dash render. Facing brick, feature blockwork panels and cement grey render is not acceptable; (8) the window openings shall have a vertical emphasis and where appropriate separated by consrtucted mullions.; (h) the window frames shall be constructed from timber.

./ Reason: In order to safeguard the amenity of the site and its Green Belt location.

6. That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

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

R9901255 78

Reason: In order to safeguard the amenity of the site and its Green Belt location..

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

Reason: In order to safeguard the amenity of the site and its Green Belt location.

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

Reason: In order to safeguard the amenity of the site and its Green Belt location.

10. That,notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 no new buildings associated with the proposed livery business shall be erected on site without the prior written approval of the planning authority and no extension of the business is permissable beyond that currently stated in the applicants business plan.

Reason: To ensure that the use remains ancillary to the farming use and to enable the planning authority to consider these aspects in the event of a change in the level of activity.

List of Background Papers

- Plans and application forms submitted on 13 September 1999. - Strathclyde Structure Plan 1995. - Monklands District Local Plan 1991. - Consultation response fiom West of Scotland Water Authority dated 19 October 1999. - Consultation response fi-om The Coal Authority dated 4 October 1999. - Consultation response from Transco dated 1 1 October 1999. - Letter of objection fi-om Monkland Glen Community Council dated 11 October 1999.

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

R9901255 79

APPLICATION NO. C/99/01255/FUL

REPORT

1. THE SITE AND ITS LOCATION

1.1 The application site is currently located on the south side of Calderbank Road in Airdrie between the former Hillhead Farm steading and an existing cottage which is situated on the East Side of the farm.

1.2 The application site forms part of Hillhead Farm which is primarily a grass, livestock unit extending to almost 55 hectares. This farming operation has been established at this location in excess of 5 years and the applicants hold ownership of 2.02 hectares of the land with the remaining held under a range of tenancy agreements.

2. THE APPLICATION

2.1 The applicants currently live in rented accommodation in Glenmavis where they operate a livery business for approx. 12 horses. They also farm the 55 hectares of land adjoining Hillhead Farm. The applicants require to vacate the rented accommodation in Glenmavis and are seeking planning permission for a new house at Hillhead Farm. It should be noted that the applicants have also applied for planning permission for a temporary chalet on the site at Hillhead Farm and a report has been prepared for consideration by Committee on this matter also (Application No. 99/0 1254EUL).

3. REPRESENTATIONS

3.1 One letter of representation has been received from Monkland Glen Community Council. Their objections are expressed as follows:

a) The site is within the Green Belt and this should be retained as open countryside and woodland.

b) There are a number of houses within the vicinity which precludes the need for a new one here.

c) There have already been a number of inappropriate alterations to the existing farm steading when it was converted to housing.

The Community Council do, however, state that if a new house were designed in a vernacular style there may be merit in approving such a proposal.

4. POLICY CONTEXT

4.1 Strathclvde Structure Plan 1995

4.2 Policy RESl/RESlA

RESI: The Regional Development Strategy requires that preference shall be given to residential development on “brownfield” infill or redevelopment sites within urban areas (excluding zoned and other valued andfinctional open space), rather than “greenfieldsites.

RESlA: Proposals to extend the “greenfield” supply of land for residential development shall require to bejustijied against the following criteria,

(a) the evidence of owner-occupied demand, and the effective supply of development opportunities, in the relevant housing market area, (b) the evidence of need for social or rented housing established in the relevant local authority’s approved housing plan, (e) the accessibiliv to the public transport network and town centres, (4 inffastructure implications, and .- . (e) impact on policy for Greenbelt, Greening the Conurbation, or the Countryside Around Towns.

R9901255 80

4.3 Policy GBliGBlA

GBI: The spread of built up areas and the encroachment of development into the countryside, within a ‘greenbelt’ around the Conurbation and Ayr/PrestwicWTroon, as indicated on the Key Diagram, shall not accord with the Regional Development Strategy.

GBIA: Proposals for development within the Greenbelt shall require to be justi$ed against the following criteria,

(a) economic benefit (b) specific locational need (c) infiastructure implications, and (4 environmental impact.

Adopted Monklands District Local Plan 1991

4.4 GB1 (Restrict Development in the Countryside) “Within areas designated as Green Belt no development will be permitted except for:-

a) New houses for full time workers in connection with forestry or agriculture where the applicant:-

(i) can show that a new house on the site proposed has the support of the Forestry Commission or Department of Agriculture and Fisheries for Scotland.

(ii) can show that there is no house, building plot, or building suitable for conversion available nearby or within a nearby settlement.

(iii) is willing to enter into a Section 50 Agreement (now Section 75 Agreement) to restrict future occupancy of the house to a full time forestry or agricultural worker.

(iv) is proposing a development which conforms with the District Council’s design guidance.

b) Non residential developments in connection with forestry or agriculture

c) Uses requiring a rural location:-

(9 to avoid nuisance to neighbours (e.g. animal boarding kennels)

(ii) since they need large areas of open space (e.g riding stable or golfcourses).

4 Areas identified as having substantial development potential:-

(I) Drumpellier Country Park - Leisure and Recreation Use (2) Luggie Water - Business Use (3) South Chapelhall Hotel

5. ASSESSMENT

5.1 The application under consideration is for the erection of a dwellinghouse (in outline) at Hillhead Farm Airdrie for use in direct association with the applicants established fdgoperations. Additional justification for this dwellinghouse is made by the applicants in the form of the proposed relocation of their existing horse livery business to Hillhead Farm which would require full time on site presence to oversee and manage both their farming and horse livery activities.

5.2 The primary issue which has to be considered when assessing applications of this nature is their appropriateness and compliance with the terms of the relevant Development Plans. The application site is located within an area that is designated in both the Structure Plan and the ha1Plan as greenbelt. Whereas both plans clearly presume against inappropriate development in the countryside under policy

R9901255 81

GB1 both the existing farming operations at Hillhead Farm and the supplementary horse livery activities as proposed by the applicant are compliant and acceptable to that policy within this green belt location.

5.3 When viewed against the provisions of policy GB1 of the Monklands District Local Plan the current proposal must be assessed specifically in terms of new houses required for full time workers in connection with forestry or agriculture. In support of this application a report has been submitted by the Scottish Agricultural College which confirms that “the size of unit (Hillhead Farm) and the stock carried justify at least one person working full time.” In addition the report states that ‘to continue to satisfactorily manage their farming and associated business activities the applicants require a new dwelling house and steading in close proximity to the land that they will continue to farm’.

5.4 The applicant has intimated that he proposes to relocate his horse livery business to Hillhead Farm although this will be ancillary to his main farming operations on the Farm. At this time he would propose to utilise existing structures at the farm to house his animals although further planning consent will be sought for purpose built stables adjacent to the current application site. The Business Plan details relating to the proposed relocation of the horse livery business which were submitted by the applicants as part of this application were passed to the Director of Finance for his assessment. It was his conclusion that this relocation desire suggested that there is still a local market for the activity and based on the figures supplied he would recommend that any proposal be treated sympathetically.

5.5 The prior disposal of the original farm steading ffom the existing agricultural holding at Hillhead Farm has resulted in there being no building at the farm available for occupancy or conversion to residential use by the applicant. Having regard to the applicants current extensive level of farming around Hillhead Farm taken together with his specific circumstances in that he has to vacate his current rented accommodation in Glenmavis and transfer his existing horse livery business to Hillhead Farm then I would accept that there is an established justification for a permanent presence on site to ensure the security of the farming operations and well being of the applicants horses and cattle. For that reason the applicant has sought separate permission for temporary accommodation until permanent accommodation can be found and that proposal has been recommended to the Council for approval.

5.6 The application site is set between a converted farm steading and a small cottage and is currently used for the storage of heavy agricultural vehicles which are used as part of the applicants existing farming operations. The development of the gap site will be confined within the well-defined boundaries of this small residential complex and could not be viewed therefore as inappropriate erosion of the greenbelt. The Community Council have indicated that there may be some scope for a development that is carried out in a vernacular style which I feel would not only compliment the adjacent residential buildings but would also environmentally enhance an existing unsightly gap site.

5.7 To ensure compliance of the occupancy of the dwellinghouse with the terms of the Local Plan, I recommend that conditions are attached to a planning permission that would restrict the occupancy to someone who is employed full time in the agricultural business on site. In addition I would also recommend that appropriate conditions are also attached to ensure that all buildings on site are designed in such a manner as to be appropriate to the sites prominent greenbelt location. The applicant is agreeable to the matter.

5.8 On the whole I am therefore satisfied that the proposal can be justified under the terms of both the Structure Plan and the Local Plan. The house is associated with an agricultural business and it does not extend the current boundaries of the surrounding group of buildings into the open countryside of the Green Belt. I therefore consider that the application proposes an appropriate development for the Green Belt.

6. CONCLUSIONS

6.1 Having assessed the matter in relation the objections submitted by the Monkland Glen Community Council against the policies of the Structure Plan and Local Plan I consider the proposal to be acceptable and recommend that planning permission is granted subject to a condition.- restricting the occupancy of the dwellinghouse.

R990125 5 82

Application No. C/OO/OO288/FUL Date registered 30" March2000 APPLICANT S HENDERSON, 80 GLENVIEW CRESCENT, MOODIESBURN

Agent Grant Murray, 30 Bell Street, Glasgow, G1 1LB DEVELOPMENT CHANGE OF USE OF MISSION HALL TO DWELLMGHOUSE LOCATION MISSION HALL, MOLLINSBURN ROAD, ANNATHILL

Ward No. 33 Grid Reference 272421 670543

File Reference Cff L/29806/2003/2/000/KC/LR

Site History Permission was granted for the change of use of mission hall to dwellinghouse on 18* June 1982 (82145).

Development Plan In terms of the Adopted Monklands District Local Plan 1991 the site is covered by the following policy zoning:

GB 1 Restrict Development in Green Belt (Inner)

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No response

Newspaper Advertisement No response

COMMENTS This application is for the change of use of the former Mission Hall in Annathill to a dwellinghouse. The applicant also proposes the erection of a garage and boundary fencing. The proposal involves a large proportion of the building (almost 50%) being demolished, with the roof being removed and the wallhead reduced to a more domestic scale.

The site is located within an area covered by the GB 1 and GB 1A policy zonings of the Strathclyde Structure Plan 1995. The purpose ofthe GB1 policy is to control the growth of built-up areas and compliment urban renewal; prevent neighbouring towns emerging; preserve the character of towns and their landscape setting; protect agricultural land from development, preserve and enhance landscape character and provide for the enjoyment of the countryside. It is the case that the encroachment of development within a greenbelt around the Conurbation does not accord with the Regional Development Strategy.

Policy GB 1A of the Structure Plan states proposals for development within the c greenbelt shall require to be justified against the following criteria: economic benefit; specific locational need; infrastructure implications and environmental impact. It is the case that the proposal has no infrastructure implications, and can be viewed as positive visually. However, the proposal provides no economic benefit to the area and cannot be justified on locational needgrounds.

R0000288 \ \ Furthermore, the site is located within an area covered by the GB 1 policy zoning of the Local Plan. The purpose of this policy is to restrict new development within such areas. Certain proposals require a greenbelt location and the need for a house, such as full time workers in connection forestry and agriculture. A house may also be justified in association with uses that would result in a nuisance to neighbours, such as animal boarding kennels, or for developments that require a large area of ground, such as riding stables or golf courses. The applicant has not justified the need for the house against any of the above stated criteria.

Design Guidance within the Local Plan on New Houses in the Countryside states that where there is no operational need, the case for a rural house would be considered favourably if the building could substantially satisfy a set of criteria. These being that the building is inherently worthy of retention, it is substantially complete, the existing floor area would not be increased by more than 50%, and the building should be of a traditional design with vehicular access and drainage. The proposal meets the criteria in relation to being complete, floor area and access and drainage. However, it is felt that it is not inherently worthy of retention as it is not a Listed Building or of any special architectural merit. Also, it is not of a traditional design. In fact, there are extensive alterations required before it would have the appearance of a domestic property.

It was requested that the applicant submit a Supporting Statement in order to justify the proposal. A Planning Report was submitted, which in summary stated that the proposal was compliant with national policies and guidelines. Having assessed the statement in detail it was felt that the proposal was in fact not compliant with the policies and guidelines mentioned, and that the current Local Plan policy zoning being applied is appropriate.

The Transportation Manager highlighted a number of issues relating to access, site boundary and visibility. There are some points that require to be addressed. However, they are not serious enough to recommend refusal on Transportation grounds only.

Finally, it is worth mentioning that permission for the use of the hall as a dwellinghouse was granted by Monklands District Council in 1982. It should be noted that the current Local Plan was not in existence then and that the Governments stance on such matters has since toughened up.

Therefore, taking all of the above into consideration I recommend that the application be refused planning permission for the following reasons.

RECOMMENDATION

Refuse for the following reasons:-

1. That the proposal constitutes the spread of the built up area and encroachment into the greenbelt around the Conurbation, therefore being contrary to Policy GB1 of the Strathclyde Structure Plan, 1995.

2. That the proposal cannot be justified in terms of requiring a house in connection with forestry or agricultural uses, or uses that require a rural location, therefore being contrary to Policy GB 1 of the Adopted Monklands District Local Plan, 1991.

3. That the proposal cannot be justified in terms of providing any economic benefit to the area, or having any specific locational need, therefore being contrary to Policy GBlA of the Strathclyde Structure Plan, 1995.

4. That the property is not inherently worthy of preservation and is not of a traditional design, therefore the proposal is contrary to the Design Guidance on New Houses in the Countryside as contained within the Adopted Monklands District Local Plan 1991.

R0000288 85

List of Background Papers

- Application form and plans dated 15 Mach 2000. - Adopted Monklands District Local Plan 1991 - Consultation response fiom Local Plans Team Manager dated 13 April 2000. - Consultation response from Transportation Manager dated 05 May 2000. - Planning Report dated 15 June 2000.

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12382 and ask for Kirsten Cairns.

R0000288 86

Application No. c/oo/oo3 5ORUL Date registered 18" April 2000 APPLICANT PENDRAGON MOTOR GROUP, LOXLEY HOUSE, LITTLE OAK DRIVE, ANNESLEY, NOTTINGHAMSHIRE, NG15 ODR

Agent Unwin Jones Partnership, Bridge Lane Studio, Caldewgate, Carlisle, CA2 5SS DEVELOPMENT ALTERATIONS TO FORM VEHICLE WORKSHOP AND MOT TESTING CENTRE AND FORMATION OF NEW ACCESS LOCATION 28 - 48 HIGH STREET, AIRDRIE

Ward No. 41 Grid Reference 275923 665716

File Reference

Site History Various applications between 1979 and 1998 in association with the current uses. Development Plan In terms of the Adopted Monklands District Local Plan 1991 the site is covered by the following policy zoning:

ECON 9 Secondary Core Areas Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No response

Newspaper Advertisement No response

COMMENTS This application involves alterations to the existing garage at 28 - 48 High Street, Airdrie, to form a vehicle workshop, MOT testing centre and new access. The principle of the proposal is acceptable, as it is consistent with the existing use. However, the Transportation Manager had concerns about a number of aspects of the proposal, including the access, car park, delivery, and parking levels. Consultation with the applicant has resulted in acceptable amendments to the proposal that take account of the concerns raised.

RECOMMENDATION

Grant, subject to the following condition.

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

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

R0000350 ! 7 88

List of Background Papers

- Application form and plans dated 3 1 May 2000. - Adopted Monklands District Local Plan 199 1. - Consultation responses from Transportation Manager, dated 24 May 2000 and 1 August 2000.

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12382 and ask for Kirsten Cairns.

R0000350 89

Application No. C/OO/O356/FUL Date registered 5 April 2000 APPLICANT LINDVALE PLASTICS LTD, NORTHBURN ROAD, COATBRIDGE

Agent DEVELOPMENT CHANGE OF USE OF OPEN GROUND TO CAR PARK AND ERECTION OF 3M HIGH PALISADE FENCE (IN RETROSPECT) LOCATION LINDVALE PLASTICS LTD, NORTHBURN ROAD, COATBRIDGE

Ward No. 33 Grid Reference 274154666146

File Reference CIPL/32320/2002/2/000/ML/SOH

Site History 92243 : Erection of front extension to the industrial unit, granted 25 June 1992.

93355 : Erection of extension to factory premises, granted 14 September 1993.

93475 : Erection of three metres high palisade fence, granted 22 November 1993.

95091 : Erection of extension to factory premises, granted 28 March 1995.

97160 : Use of land as community leisure and recreation park (in outline), granted 4 August 1998.

Development Plan Under the terms of the Monklands District Local Plan 1991 the site is located within an area covered by policy ECON 2 Existing General Industrial Areas.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement No Response

COMMENTS The application relates to the change of use of open ground to car park and the erection of a 3m high palisade fence at Lindvale Plastics, Northburn Road, Coatbridge. Following a full assessment of the proposals, taking into account all material considerations, including the fact that a small part of the site was included in a previous planning consent for a community leisure and recreation park (Planning application 97160) it is considered that the development is IikeIy to benefit the industrial unit in that there is a requirement for additional parking on the site. The size of the factory over the years has increased considerably and this has resulted in an increased workforce. This coupled with the fact that there is no public transport available for employees to get to and fiom work has meant that extra parking is needed. This will benefit the whole industrial estate as

R0000356 Works I ------=

'\

\- I

I

! / OBJECTORS NOT SHOWN ON PLAN 1 BURNBANK ACTION GROUP , THE PENNY PROJECT ~ I I\ I Breakers Yard

Municpsl BrnlQngr kildwrsn Street l COATBRIDGE 1 (IN RRROSPECT) Ml5 3LN 1 AT LINDVALE PLASTICS, NORTHBURN ROAD, i T~phone012~81~Fa Omw.iw 1 COATBRIDGE ' 13250 i Ths copy has been producsd specfidly for Plannvlg and Buldlng Control Purpom only -os U- LA 0WlL I NO further copes may be made 91

displacement parking within the industrial site would affect the amenity and safety of vehicles traveling to and from the other units.

As stated above a small part of the site has been included in the plans for a community park and this particular area was to be used as part of a picnic area. However, it is considered that this area is possibly not the best area for a picnic area as it is bounded by industrial units and a scrap yard. Also there are other suitable areas within the community park for a picnic area. The site would be as suitable as a car park and I therefore recommend that planning permission should be granted subject to conditions.

RECOMMENDATION

Grant, subject to the following conditions:

1. That before development recommences on site, details of the surface frnishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

2. That before the car park is brought into use the parking bays shall be delineated and be a minimum size of 5m x 2.5m with 6m aisle width.

Reason: In the interests of traffic and pedestrian safety.

List of Background Papers

- Application form and plans. - Adopted Monklands District Local Plan 1991. - Consultation response liom Local Plans Manager, dated 12 June 2000. - Consultation response from Transportation Manager, dated 25 May 2000. - Letter of objection received from Burnbank Action Group, c/o 167 Burnbank Street, Coatbridge, dated 25 April 2000. - Letter of objection received from The Penny Project, c/o Park Street Neighbourhood, 67-69 Park Street, Airdrie, dated 25 April 2000.

Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Mrs Marlaine Lavery.

R0000356 92

APPLICATION NO. C/00/00356

REPORT

1. APPLICATION SITE & PROPOSAL

1.1 This application relates to a change of use of open ground to car park and the erection of a 3 m high palisade fence at Lindvale Plastics, Northburn Road, Coatbridge. The fence has already been moved to the rear position but the car park has not yet been completed. Some preliminary ground clearance has taken place.

1.2 The site is located within an area covered by policy ECON 2 Existing General Industrial Areas.

2. REPRESENTATIONS & CONSULTATIONS

2.1 There were no external consultees involved in the consideration of this application. The Transport Section and Local Plans Section were consulted and raised no objections.

2.2 Two letters of objection from local community groups, the Penny Project and Burnbank Action Group were received in connection with the proposal. The main point of objection raised was that the proposal would constitute a loss of maintained open space, as local people have had access to the area and it has previously been maintained by the Local Authority.

3. OBSERVATIONS

3.1 In terms of the point of objection raised I would comment as follows :

1. The proposal does not conflict with the Local Plan zoning and could be seen to contribute to the facilities available on the site.

2. There was some tree planting undertaken on the site, the extent of which and by which public authority is unclear, but the majority of vegetation was small trees and shrubs that has grown naturally over the years. This does not constitute a formally maintained open space. It is also likely that should the site be developed as a park that this would not be the ideal choice for a picnic and play area given the proximity of the scrapyard and the industrial unit.

3.2 There is a lack of clarity over the land ownership of the site. The applicant claims to have title to the land but the documentation submitted in support of this cIaim cannot be easily recorded with the position on site due to the lack of identifiable features on this rough area of land. The extended area is, however, less than that claimed to be within the applicant’s ownership. The applicant can only legitimately fence the land within the company’s ownership and the onus is on the company to ensure that this is done.

4. CONCLUSION

4.1 It is concluded that the proposal is acceptable fiom a planning viewpoint and that for the reasons stated above it is recommended that permission be granted subject to conditions.

R0000356 93

Application No. C/OO/OO3 83/FUL Date registered 18 April 2000 APPLICANT MR S COCHRANE, 11 PROVOST MILN GROVE, SOUTH QUEENSFERRY

Agent W D Blair, Staff Cottage, 6 Fauldhouse Road, Longridge, EH47 8AQ DEVELOPMENT ERECTION OF BOARDING KENNELS AND ASSOCIATED DWELLINGHOUSE LOCATION LAND SOUTH EAST OF SNIPE QUARRY FORRESTFIELD ROAD CALDERCRUIX AIRDRIE LANARKSHIRE

Ward No. 52 Grid Reference 285260 6676 18

File Reference C/PL/16385/200012/000/IJISOH

Site History The following previous planning applications are relevant to this site:-

P93029: Use of land as riding school including erection of stables and dwellinghouse - granted outline consent in October 1993.

P96529 : Use of land as horse stud farm including erection of dwellinghouse - granted 17 July 1997, subject to Section 50 agreement.

Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is covered by the following policiedproposa1s:-

GB2 : Restrict Development in Countryside Around Towns L1 1/1: Area of High Quality Landscape

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Coal, Transco, Scottish Power, NLC Department of Finance Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement No Response

COMMENTS This application relates to the proposed introduction of a boarding kennel development into a greenbelt location at Forresffield Road by Caldercruix. The proposal will involve the construction of 24 boarding kennels within a single structure and will include associated on site parking for 10 vehicles together with necessary access junction improvements. Permission is also being sought for permanent residential accommodation on site and the applicant is agreeable through a Section 75 agreement to restrict the occupation of that dwellinghouse to a persodpersons directly working full time in the boarding kennel business and to ensure that the associated land for the business not sold separately from the dwellinghouse.

R0000383 QUARRY, FORRESTFI EL aaemaruv.vmppcora, 95

RECOMMENDATION

Grant, subject to the following conditions.

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

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

2. That occupation of the dwellinghouse hereby permitted shall be limited to a person employed full time in the boarding kennel business or a dependant of such a person,residing with him,or her,or the widow or widower,of such a person.

Reason: To accord with the approved Green Belt policy.

3. That the dwellinghouse shall not be occupied until Phase 1 of the boarding kennels as shown on the approved plans has been constructed and the proposed business has commenced.

Reason: To accord with the approved Green Belt policy.

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall inc1ude:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

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

5. That a visibility splay of 2.5metres by 160metres,measured from the road channe1,shall be provide on both sides of the vehicular access and before the development hereby permitted is brought into use everything exceeding 1.05metres in height avove the road channel shall be removed fkom the sight lines and thereafter nothing exceeding 1.05metres in height above road channel height shall be planted,placed,erectedor allowed to grow within these sight lines.

Reason: In the interests of traffic and pedestrian safety.

6. That no gates or other obstructions shall be erected within the first 1lmetres of the driveway as measured from the heel of the footway.

Reason: In the interests of traffic and pedestrian safety.

7. That the use of the garage hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or ffom, the garage.

Reason: To accord with the approved Green Belt policy.

8. That before the development hereby permitted is started amended plans for the dog kennels shall be submitted and no work shall commence on site until approval of those details has been given in writing by the planning authority.

R0000383 96

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

9. 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, including any modifications as may be required.

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

NOTE TO COMMITTEE

1. The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of the restriction of the occupancy of the residential accommodation to a person who is employed full time on the business and restricting separate sale of the associated land. The planning consent should not be issued until these matters have been concluded.

List of Background Papers

Application form and plans submitted 5 April 2000. Strathclyde Structure Plan 1995. Adopted Monklands District Local Plan 1991. Consultation response from The Coal Authority, dated 2 May 2000. Consultation response fiom Transco, dated 28 April 2000. Consultation response from Scottish Power, undated. Consultation response from NLC Transportation Manager, dated 18 April 2000. Consultation response fiom NLC Director of Finance, dated 22 June 2000.

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

R0000383 97

APPLICATION NO. C/00/00383/FUL

REPORT

1. SITE AND LOCATION

1.1 The application site is situated on the west side of Forrestfield Road, Caldercruix and consists of an area of mostly flat overgrown, open ground lying to the south of the now disused Snipe Quarry.

1.2 The site itself is bounded to the south and west by the existing woodland of Wester Snipe Wood, to the north by Snipe Quarry and to the east by Forrestfield Road. The site measures 1 hectare approx. in area and is wholly owned by the applicant.

2. THE APPLICATION

2.1 The proposal relates to.the use of the application site for a boarding kennel business comprising the erection of 24 Kennels (in two phases) and incorporating individual sleepinghunway compartments within a ‘V’ shaped pitched roof structure externally finished in pebbledash roughcast.

2.2 The applicant also proposed a 1% storey detached dwellinghouse within the site to provide a lounge, family roomhreakfast area, dining room, study, bathroom and two bedrooms on the ground floor with a store and unfinished loft storage area on the upper floor. Externally the dwellinghouse will be finished in pebbledash roughcast with marley richmond roof tiles.

2.3 A double domestic garage externally finished to match the dwellinghouse is also proposed together with 10 in site parking spaces. A gated access with acceptable visibility splays onto Forrestfield Road is to be provided.

3. REPRESENTATIONS

3.1 No representations were received in respect of this application.

4. POLICY CONTEXT

4.1 Strathclyde Structure Plan 1995

Policy CAT l/CATlA

CATl: Isolated developments in the “Countryside Around Towns” shall not generally accord with the regional Development Strategy unless there is a specific locational need.

CATlA: Proposals for isolated development within the ‘Countryside Around Towns’ shall require to be justified against the following criteria: a) economicbenefit . b) specific locational need c) infrastructure implications d) environmental impact

4.2 Adopted Monklands District Local Plan 1991

GB 2 : isolated developments in the “Countryside Around Towns” shall not generally accord with the Local Plan unless there is a specific locational need. Proposals for development within the area shall require to be justified against the following criteria: a) economic benefit b) specific locational need c) infrastructure implications d) environmental impact ... Within this area, sites identified as having substantial development potential are:

R0000383 98

Forrestburn Reservoir - Leisure, Recreation and Tourism Hillend Reservoir Leisure, Recreation and Tourism

5. ASSESSMENT

5.1 The application under consideration is for the development of a commercial kenneling activity within the boundaries of the application site. The applicant has submitted business plan details relating to the proposed enterprise which he considers will also justify the inclusion of a permanent residential presence on site.

5.2 Applications of this nature require primarily to be assessed against the provisions and terms of the relevant development plans. The application site is located within an area designated as “Countryside Around Towns” in both the Structure Plan and Local Plan where there is a presumption against development unless justified under ‘specific locational need’.

5.3 Both tke Structure Plan and the Local Plan requires at any development proposal in the greenbelt has to be assessed in terns of its economic benefit, specific locational need, infrastructure implications and environmental impact. Having regard to these criteria I consider that the proposed boarding kennels activity could be justified under the specific locational need criterion as such uses are an appropriate countryside and greenbelt use and would be difficult to site satisfactorily within the built-up area to avoid nuisance to neighbours (refer to GB1 (c) of the Local Plan). The proposal would not have significant infiastructure implications and the sympathetic design and finish of all proposed structures taken together with adequate screen planting would minimise the environmental impact of the proposal on the surrounding environment.

5.4 It is also relevant to note that the application site is within an immediate area which has provisionally been the subject of planning consents for uses justified under ‘locational needs’ and requiring full time residential accommodation on site. (Ref 93029 - use of land as riding school with single dwellinghouse) (Ref : 95426 - use of land and stables as commercial livery business with dwellinghouse) (Ref 96529 - use of land as stud farm and dwellinghouse).

5.5 In respect of the proposed dwellinghouse it is accepted that due primarily to the mal setting of the site the associated boarding kennel activity will require 24 hour on site supervision to ensure adequate security and safety of animals. The applicant has advised that there are no dwellings or buildings suitable for conversion in the vicinity that are currently available for him to occupy and operate the business. The applicant has also confumed his willingness to enter into a Section 75 agreement and restrict the use of the dwellinghouse by someone who is in full time employment in the boarding kennel operation.

5.6 The business plan submitted with this application has been filly assessed by the Director of Finance who has concluded that the enterprise appears to be viable and would support full time employment thus justifying the proposed dwellinghouse.

5.7 The Protective Services Division has made comment on the need for minor modifications to the dog kenneling details as necessary to comply with their requirements for a site license. To facilitate the necessary changes within the terms of the planning consent being recommended for this application an appropriate condition will be attached to the decision notice requiring the submission and subsequent approval of amended details before any physical works start on site.

5.8 Taking account of the foregoing I consider that the proposal put forward offers an acceptable use for the greenbelt and is sufficiently controlled by the Section 75 agreement over the proposed dwellinghouse to prevent any long term erosion of the greenbelt should the business fail to support a person in full time employment.

6. CONCLUSION

6.1 Having assessed the proposal in relation to the terms of the Strathclyde Structure Plan 1995 and Monklands District Local Plan 1991 I consider that the proposal as it stands is acceptable and recommend that planning permission is granted subject to conditions and a Section 75 Agreement.

R0000383 99

Application No. C/00/00522/FUL Date registered 8th May 2000 APPLICANT JAMES BURNSIDE, 66 EAST STEWART STREET, COATBRIDGE

Agent DEVELOPMENT SITING OF MOBILE SNACK VAN LOCATION CAR PARK AT LIDL FOODSTORE, 202 MAIN STREET, COATBRIDGE LANARKSHIRE ML5 3RB

Ward No. 34 Grid Reference 274071664776

File Reference CPL127450/0202/3/00 1MLISOH

Site History 94014 : Erection of supermarket (16,000 square feetl1486 square metres gross floorspace) and associated parking (in outline), refused 8 April 1994.

96275 : Erection of discount food store (735 sqm. Floor Area), formation of car parking and servicing, granted 19 July 1996.

99101297 : Erection of wall to enclose loading bay and installation of roller shutter, granted November 1999.

Development Plan Under the terms of the Monklands District Local Plan 199 1 the site is located within an area covered by policy ECON2 Existing General Industrial Areas

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement No Response

COMMENTS The application relates to the siting of a mobile hot food snack bar in the car park of Lid1 Foodstore, 202 Main Street, Coatbridge. The snack van is to be located to the rear of the car park and given that the car park in question is under utilised and no objections have been received it is considered that planning permission should be granted for a temporary period of 3 years.

RECOMMENDATION

Grant, subject to the following condition.

1. That the permission hereby granted is for a temporary period only and shall expire 3 years from the date of this notice. .- Reason: To enable the Planning Authority to retain effective control.

R0000522

101

List of Background Papers

- Application form and plans - Adopted Monklands District Local Plan 1991 - Consultation response fiom Protective Services Manager dated 19 May 2000 - Consultation response fiom Transportation Manager dated 12 May 2000

Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Mrs Marlaine Lavery.

R0000522 102

APPLICATION NO. C/00/00522

REPORT

1. APPLICATION SITE & PROPOSAL

1.1 This application relates to the siting of a mobile hot food snack bar in the car park of Lid1 Foodstore, 202 Main Street, Coatbridge.

1.2 The site is located within an area covered by policy ECON2 Existing General Industrial Areas in terms of the Monklands District Local Plan 1991.

2. REPRESENTATIONS & CONSULTATIONS

2.1 The application was advertised in the local press as being a Bad Neighbour Development and no representations were received.

2.2 The Protective Services Manager was consulted and raised no objections.

2.3 The Transportation Manager was consulted and raised no objections.

3. OBSERVATIONS

3.1 The proposal does not conflict with the Local Plan zoning and could be seen to contribute to the facilities available on the site. It is not anticipated that the proposal would adversely impact on the use of the parking area or the amenity of the surrounding area. I have no objection to planning permission being granted, however, I believe a temporary consent Of 3 years would be appropriate in order to allow monitoring to be carried out to assess the impact on existing car parking provision.

4. CONCLUSION

4.1 It is concluded that the proposal is acceptable from a planning viewpoint and that for the reason stated above it is considered that, a temporary consent should be granted for a period of 5 years with the opportunity for the applicant to reapply at the end of this period for further planning approval, if appropriate. It is therefore recommended that planning permission is granted subject to this condition.

R0000522 103

Application No. C/OO/OO556iFUL Date registered 5 June 2000 APPLICANT DIAMOND CABS C.O.P., 91 MAIN STREET, CALDERBANK, ML6 9SG

Agent DEVELOPMENT USE OF VACANT SHOP AS TAXI OFFICE LOCATION 69 STIRLING STREET, AIRDRIE ML6 OAS

Ward No. 47 Grid Reference 275990 665392

File Reference

Site History

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

ECON 9 Secondary Core Area ENV 1513 Airdrie Town Centre Conservation Area ECON I3/4 Improvement to IndustriaVCommercial Sites

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection RadiocommunicationsAgency Conditions No Reply

REPRESENTATIONS Neigh bows None

Newspaper Not required Advertisement

COMMENTS Planning permission is being sought for a change of use of a vacant class 1 retail shop to Taxi office at 69 Stirling Street, Airdrie. The shop forms part of a two storey terraced row situated on the south side of Stirling Street.

Under the terms of local plan policy Econ 9 mixed uses are generally acceptable provided there would be no adverse impact on the general amenity of an area. This particular application is for a private hire taxi office that would be located within the town centre on a major traffic route. This part of Stirling Street is already subject to waiting and loading restrictions and there are no off-street parking facilities available to the applicant. Although private hire taxis are generally on the road for the majority of the time, drivedvehicles do return regularly to the taxi office as has been observed at other similar facilities. It is likely that this proposal would be no different and would be detrimental to road safety at this location. It is my view that the proposal for this vehicle intensive use at this site should be resisted and it is recommended that planning permission be refused.

R0000556

105

RECOMMENDATION

Refuse for the following reason:

1. That due to the vehicle intensive nature of the proposed use and the lack off-street parking facilities at the locus, the proposed change of use would lead to taxis parking on Stirling Street to the detriment of road safety.

List of Background Papers

- Application Forms and Plan - Adopted Monklands District Local Plan 1991 - Consultation Response ffom the Radiocommunications Agency

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for h4.r Marshall.

R0000556 106

Application No. c/oo/oo5 92m~ Date registered 18th May 2000 APPLICANT GEORGE CANAVAN, 3 LEVEN ROAD, COATBRIDGE

Agent DEVELOPMENT SITING OF MOBILE SNACK VAN LOCATION CAR PARK AT SUNNYSIDE TRAIN STATION, GARTSHERRIE ROAD, COATBRIDGE LANARKSHIRE

Ward No. 34 Grid Reference 273 184 665589

File Reference CPLI173 10/2016/3/001/ML/SOH

Site History No relevant Site History

Development Plam Under the terms of the Monklands District Local Plan 1991 the site is located within an area covered by policies HG9 Housing Policy for Existing Residential Areas and ENV 17 Listed Buildings

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement No Response

COMMENTS The application relates to the siting of a mobile hot food snack bar in the car park of Sunnyside Train Station, Gartsheme Road, Coatbridge. The snack van is to be located to the west end of the park and ride car park. Following a full assessment of the proposals, taking into account all material considerations, including the concerns raised by the Transportation Section it is considered that the development is likely to adversely affect the parking for the station. There will be no parking available for customers of the snack van and indiscriminate parking close to the snack van will make the operation of the car park difficult. In particular the use of the disabled spaces next to the snack van are likely to be used by or obstructed by customers of the snack van. There is no safe pedestrian area for customers to wait and they will have to stand within the running lanes of the car park. This associated with the possible indiscriminate parking will constitute a danger to the public. It is also likely that the provision of the snack van will lead to displacement parking and this would have a detrimental effect on the surrounding residential streets. The proposal would also adversely affect the appearance of the station building which is listed. I therefore recommend that permission be refused.

R0000592 I7

Works 108

RECOMMENDATION

Refuse for the following reasons:

1. That the siting of a mobile snack van in this particular location would constitute a danger to the public in that there is no safe pedestrian area and no parking available for customers to wait.

2. That the siting of a mobile snack van at this location would have a detrimental effect on the surrounding residential area due to likely displacement parking.

List of Background Papers

- Application -form and plans. - Adopted Monklands District'Local Plan 1991, - Consultation response from Transportation Manager dated 25 May 2000.

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12373 and ask for Mrs Marlaine Lavery.

. .. .

R0000592 109

APPLICATION NO. C/00/00592

REPORT

1. APPLICATION SITE & PROPOSAL

1.1 This application relates to the siting of a mobile hot food snack bar in the car park of Sunnyside Train Station, Gartsherrie Road, Coatbridge.

1.2 The site is located within an area covered by policy HG9 Housing Policy for existing Residential Areas and ENV 17 Listed Buildings, in terms of the Monklands District Local Plan 1991.

2. REPRESENTATIONS & CONSULTATIONS

2.1 The application was advertised in the local press as being a Bad Neighbour Development and no representations were received.

2.2 There were no external consultees involved in the consideration of this application. However the Transport Section has advised that the location of this mobile snack van would adversely affect the park and ride facilities of the car park. There is no safe pedestrian area and no parking available for customers to wait and the disabled spaces next to the snack van are likely to be used. This will constitute a danger to the public. The provision of the snack van will lead to displacement parking and this will have a detrimental effect on the surrounding residential area.

3. OBSERVATIONS -

3.1 In terms of the various points of objection raised I would comment as follows :

3.2 There is no safe pedestrian area and no parking available for customers to wait and the disabled spaces next to the snack van are likely to be used. This will constitute a danger to the public.

3.3 The provision of the snack van will lead to displacement parking and this will have a detrimental effect on the surrounding residential areas.

3.4 The location of the snack van in close proximity to the station building, which is listed, is not ideal as it would detract fiom its appearance.

4. CONCLUSION

4.1 It is concluded that the proposal is not acceptable fiom a planning viewpoint and that for the reasons stated above it is recommended that permission be refused.

R0000592 110

Application No. C1001006391- Date registered . 26 June 2000 APPLICANT h4R ANDREW FRASER, 22a QUARRY STREET, COATBRIDGE

Agent Avonside Timber Frame, , Cumbernauld G68 ODT DEVELOPMENT ERECTION OF DWELLINGHOUSE AND GARAGE LOCATION 44-46 QUARRY STREET, COATBRIDGE

Ward No. 47 Grid Reference 274634 665134

File Reference

Site History 99/01463/FUL, Erection of Dwellinghouse Withdrawn 2 March 2000 9810 1627lFUL Erection of Garage Granted 22 January 1999 96lO5234lOUT Erection of Single Dwellinghouse Granted 10 January 2000

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

HG 9 Housing Policy for Existing Residential Areas

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions Strathclyde Passenger Transport No Reply

REPRESENTATIONS Neighbours Five

Newspaper Not Required Advertisement

COMMENTS Planning permission is being sought for the erection of a one and a half storey house within a site located to the rear of 44-46 Quany Street, Coatbridge. The application site consists of an area of former rear garden area and disused lane that together provide an irregularly shaped development area that extends to some 600 square metres. The site would have a fiontage onto Agnew Avenue and the lane would be used as a driveway. The proposed dwellinghouse would have dormer windows provided to the fiont and velux rooflights to the rear. The house unit would provide a total of 4 no bedrooms, a lounge, a dining area and kitchen. The roof space would encompass 3 of these bedrooms, a bathroom and en-suite shower room. A double domestic garage would be provided at the end of the driveway. A vehicle turning facility would be provided within the site to enable vehicles to enter and leave in a forward gear.

Following my consideration of the application details and the issues raised by the neighbours I have concluded that there would be no significant loss of amenity as a result of the proposal (refer to main report). It is my view that the proposal could be implemented in a satisfactory manner and I recommend that planning permission be granted subject to conditions.

112

RECOMMENDATION

Grant, subject to the following conditions.

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

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

2. That the existing boundary wall that fronts the development site shall retain its natural brick finish and shall not be rendered as noted on the approved plans. Following the formation of the pedestrian and vehicles access good repair shall be made to the respective wall ends to the satisfaction of the Planning Authority.

Reason: In the interests of visual amenity and to ensure good repair to the wall.

3. 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, including any modifications as may be required.

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

4. That the side and roof of the dormers hereby permitted shall be finished in tiles to match the roof of the proposed dwellinghouse and not roughcast as indicated on the approved plans..

Reason: In the interests of visual amenity.

5. That notwithstanding the terms of conditions no 3 and 4 noted above the roofmg tiles shall be slate grey in colour.

Reason: In consideration of the surrounding residential area.

6. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the dwellinghouse hereby permitted, other than that expressly authorised by this permission.

Reason: To enable the Planning Authority to retain effective control, in order to ensure the site is not over developed.

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

Reason: To safeguard the residential amenity of the area.

8. That before works commence on site the developer shall cobin writing that the existing bus stop situated to the fiont of the development site has been relocated to an appropriate location to the satisfaction of Strathclyde Passenger Transport.

Reason: To ensure satisfactory vehicular access to the site and ensure the public bus service is not disrupted by the development and in the interests of traffic and pedestrian safety.. ._ .

R0000639 113

List of Background Papers

- Application Forms and Plans - Adopted Monklands District Local Plan 1991 - Consultation Response fiom Strathclyde Passenger Transport received 26 July 2000 - Internal Consultation Response fiom Protective Services received 18 July 2000 - Internal Consultation Response fiom Transportation Manager received 18 July 2000 - Letter of Representation from Mr K. Blab 38 Quarry Street, Coatbridge received 29 June 2000 - Letter of Representation from Mr A. Todd, 40 Quarry Street, Coatbridge received 3 July 2000 - Letter of Representation from SB Burnett 36 Quarry Street, Coatbridge received 27 June 2000 - Letter of Representation I?om J. Johnstone 44 Quarry Street, Coatbridge received 19 June 2000 - Letter of Representation from Mr and Mrs Forrest 62 Agnew Avenue, Coatbridge received 13 June 2000 - Outline Planning Consent U961234 and Indicative Plan

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

R0000639 114

APPLICATION NO. C/00/00639/AMD

REPORT

1. SITE DESCRIPTION AND PROPOSAL

1.1 Planning permission is being sought for the erection of a 4 bedroom, one and a half storey dwellinghouse and double domestic garage on land to the rear of 44-46 Quarry Street, Coatbridge.

1.2 The site is irregular in shape (refer to attached location plan) and consists in part, a section of former garden area located to the rear of a shop/flat. The application site boundary also includes a disused lane that is some 65 metres in length. This leads fiom Agnew Avenue to the rear of Coatbridge Indoor Bowling Club and is bounded on either side by the rear garden areas of 6 other neighbouring properties. Although the total site area extends to some 600 square metres the principal building area, i.e. that part of the site where the dwellinghouse would be located measures approximately 18 square metres.'The site is bounded to the fiont by a high wall and to the rear by timber screen fencing. A high hedgerow runs along the eastern boundary of the site.

1.3 The proposed dwellinghouse would consist of a one and a half storey detached unit with double pitched roof with two dormer windows to the fiont elevation with three velux roof lights to the rear. The proposed house would provide the following internal accommodation. On the ground floor, a bedroom, lounge; dining room, kitchen and utility room would be provided. On the first floor, 3 bedrooms, one with en-suite shower/w.c. facilities, and a bathroom/w.c. would be accommodated within the roof space. A double domestic garage would be provided at the foot of the lane some 40 metres from the dwellinghouse. The proposed house would be finished in a mix of render and facing brick with concrete tiles to the roof. The garage would have a double pitched roof and would be finished in matching tiles and render. The lane leading fiom Agnew Avenue would be used as a driveway with the first 11 metres paved and provided with a drainage facility. The remaining driveway would be surfaced with either slabs andor gravel. Part of the rear garden area would also be paved to provide a vehicle turning area.

2 PLANNING HISTORY

2.1 Planning permission was granted in outline (C96/234) for a single dwellinghouse on part of the rear garden area attached to 44-46 Quarry Street. In recognition of the limited size of the site, conditions were imposed to limit the scale and positioning of the proposed house. In particular condition 11 requires that ' the dwellinghouse to be erected upon the site shall be restricted to single storey in height, with or without dormer windows'. In addition condition 10 states that 'any dwellinghouse .....shall be positioned at least 6 metres ffom the rear boundav of the plot'. The stated reasons for these conditions are to safeguard the amenity of adjacent residents and to ensure there would be adequate rear garden ground. Full details of the conditions attached to the outline consent area available as background papers.

3 LOCAL PLAN POLICY

3.1 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policy HG 9 Housing Policy for Existing Residential Areas.

4 CONSULTATIONS

4.1 There were no adverse comments fiom the Strathclyde Passenger Transport however they did recommend that a minor adjustment to a bus stop location be carried out by the applicant in co- operation with SPT.

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5 REPRESENTATIONS

5.1 Following the prescribed neighbour notification procedure there were five letters of representation from local residents. The issues can be fairly summarised as follows.

Concern has been expressed over the possibility that the double garage and lane may be used on a commercial basis by the future occupier of the dwellinghouse. In particular for the repair and maintenance of vehicles. In association with such an unauthorised use it considered that noise levels would be detrimental to the amenity of the surrounding residential area. One of the neighbours has raised a boundary alignment issue claiming the application site boundary encroaches the existing rear garden boundary of 44-46 Quarry Street.

6 ASSESSMENT

6.1 It should be noted that the application site has increased in area since the issue of the outline planning consent by virtue of the-inclusion of the adjacent disused lane. However despite this significant increase in area, the principaZ deveZopment area (i.e. that part of the site that is to support the house) is only slightly lqger and the reserved matters which restrict the size and positioning of the house remain relevant. As noted fiom the development description above, the proposal would comply with these specific design constrains.

6.2 The proposed house would be one and a half storey in height and the layout allows for a rear amenity space of 6 metres in depth. It is my view that the proposal generally accords with the reserved matters. The length of the driveway is atypical at 50 metres however the layout plan indicates that a turning area can be accommodated that would allow vehicles to leave the site in a forward gear. This arrangement would satisfy road safety concerns at the Agnew Avenue access point.

6.3 The overall design, scale, positioning and proposed finish of the dwellinghouse are considered acceptable. Although 3 velux rooflights would be provided on the rear elevation these would not cause a significant overlooking problem to adjacent neighbours. The front boundary wall would be retained however a pedestrian gateway would be provided midway along this wall, which should retain its brick finish. The developer has been made aware of the requirement to contact SPT with a view to relocating a bus stop away from the site entrance. I would condition any planning consent to ensure these particular works are completed to SPT specifications and before the dwellinghouse is brought into use.

6.4 Turning to the issues raised by the neighbours it should be noted that these concerns may not be considered as firm objections as such but they do seek an assurance that use of the driveway and garage are restricted to domestic purposes only. An appropriate planning condition may be applied to the planning consent to alleviate these concerns. The ongoing boundary dispute can be noted but as Members are aware this is primarily a legal issue and can not be considered material to the consideration of the planning application. Moreover the Planning Authority is not in a position to adjudicate over such issues.

6.5 Following consideration of ail of the above matters it is my view that the proposal as presented could be implemented in a satisfactory manner. It is accepted that the plot area is unusual or atypical for a housing infill proposal however provided both the lane and garage are used for ordinary domestic purposes I do not consider it would result in any loss of amenity either to the new dwellinghouse itself or to surrounding neighbours. As such it is recommended that planning permission be granted subject to conditions.

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Application No. C/00/00645/OUT Date registered 3 1st May 2000 APPLICANT MISS G WOTHERSPOON, 6 GRAHAMSHILL STREET, AIRDRIE, ML6 7EN

Agent Condie Plummer Architects, 23 Brolister Hill, East Kilbride, G74 1AH DEVELOPMENT ERECTION OF DWELLINGHOUSE (IN OUTLINE) LOCATION 6 GRAHAMSHILL STREET, AIRDRIE

Ward No. 44

Grid Reference 277361665596

File Reference CA?L/18940/0006/0/000/XC/LR

Site History . None

Development Plan In terms of the Adopted Monklands District Local Plan 1991 the site is covered by the following policy zoning:

ENV 1512 Drumgelloch Conservation Area

Contrary to Development Plan Contrary to policy

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours One letter of objection

Newspaper Advertisement No response

COMMENTS This application is for outline planning permission, in outline, for the erection of a dwellinghouse within the front garden area of 6 Grahamshill Street, Airdrie. The site is located within the Drumgelloch Conservation Area. One objection has been received fiom a neighbour. The proposal creates backland development and is therefore contrary to the Design Guidance of the Local Plan. The reasons for refusal are explained in greater detail in the accompanying report.

RECOMMENDATION

Refuse for the following reasons:-

1. The proposed dwellinghouse creates backland development as the existing house will have no direct road fiontage as it will be located to the rear of the front building line of the proposed house and as such, is contrary to the approved Design Guidance on Infill Housing as contained within the Adopted Monklands District Local plan 1991.

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List of Background Papers

- Application form and plans dated 3 1/05/00 - Adopted Monklands District Local Plan 199 1 - Consultation response form British Telecom dated 16/06/00 - Consultation response from West of Scotland Water dated 16/06/00 - Consultation response from The Coal Authority dated 13/06/00 - Consultation response fiom Transco dated 12/06/00 - Consultation response from Transportation Manager 08/06/00 - Consultation response from Local Plans Team Manager dated 15/06/00 - Letter of representation from K Chalmers, Travee, Grahamshill Street, Airdrie dated 26/06/00

Any person wishing to inspect the above background papers should telephone Coatbridge 812382 and ask for Kirsten Cairns.

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APPLICATION NO. C/00/00645/OUT

REPORT

1. SITE AND PROPOSAL

1.1 This application is for the erection of a dwellinghouse(in outline) within the front garden ground of 6 Grahamshill Street, Airdrie. The application site is located within the Dmgelloch Conservation Area.

1.2 It is proposed that the house would have its own access off Grahamshill Street, located east of the existing vehicular access to no.6.

1.2 The applicant has also indicated that the proposed house would be 1 'h stories in height, and set back just over 7 metres from the front site boundary. It would also have a rear garden length ofjust over 10 % metres , and side garden widths of 6.08 metres and 2.5 metres. The driveway would be located west of the house having a length of 17 metres.

2. CONSULTATIONS

2.1 None of the service providers stated that they had any objections to the proposal.

2.2 The Transportation Manager has no objection to the proposal but suggested that the existing access be widened to 4.5 metres to allow cars entering and leaving the site to pass each other. Furthermore, the exact location of the telephone pole and lighting column would be required to be shown on plan to assess if their removal was required. Finally, standard comments were made in relation to the construction of the vehicular access.

3. REPRESENTATIONS

3.1 One letter of representation has been received from the next door neighbour at Travee, Grahamshill Street, Airdrie.

3.2 The points of objection raised can be fairly summarised as follows:-

1. As the application site is located within a Conservation Area the proposal would result in over development of the existing site and constitute backland development in respect of the existing house. 2. The location of the house would necessitate removal or serious disruption to the existing trees on site. 3. The positioning of the proposed house would result in loss of light to Travee next door.

4. OBSERVATIONS

4.1 In assessing this particular proposal, it is considered that the relevant determining factors are whether the principle of a dwellinghousein the fkont garden area of the existing house would accord with the relevant Council policy on Infill Housing. Furthermore, it requires to be considered whether the proposal would have a detrimental effect on that part of the Conservation Area, and on neighbours, in view of the points of objection mentioned.

4.2 In the latter respect, it is considered that the proposed house would have some effect on the light levels currently enjoyed by the residents of Travee next door. However, this would occur later on in the day. The effect is minimised to a certain degree as the proposed house is of 14stones in height

4.3 It is also the case that if successful, the Reserved Matters application may indicate disruption to or removal of trees. At the moment there is no indication of future intention in relation to the existing trees. However, it would always be the Councils intention to protect trees, particularly within a Conservation Area.

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4.4 It is considered that the proposal would not result in over development of the plot as the garden lengths and widths of both the proposed and existing dwellinghouse meet the principles of the Council’s approved policy on Minimum Space Around Dwellings.

4.5 It is however, agreed that the proposal would result in backland development in relation to the existing house, please see point 4.6 below for the reasons why. 4.6 Turning to establish Council policies, it is considered that in terms of Local Plan Design Guidance for Infill Housing the proposal creates backland development. In this instance it would result in the existing house being to the rear of the front building line of the forward most house on the plot. The existing house would thus have no direct frontage onto Grahamshill Street.

5. CONCLUSIONS

5,l Since the proposal is considered to create backland development and fails to accord with the Council’s Local Plan Design guidance on Infill Housing it is recommended that planning permission be refused.

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Application No. C/00/0071 l/FUL Date registered 16 June 2000 APPLICANT MR ANTHONY REILLY, 10 DALVEEN QUADRANT, COATBRIDGE

Agent DEVELOPMENT SITING OF MOBILE SNACK VAN LOCATION 293 BANK STREET, COATBRIDGE

Ward No. 36 Grid Reference 272 116 664555

File Reference CPLlO3 350/0293/0/000/RT/KH

Site History None

Development Plan Under the terms of the Monklands District Local Plan 1991 the site is located within an area covered by HG9 - Housing Policy for Existing Residential Areas.

Contrary to Development Plan No

CONSULTATIONS

Objection NLC, Education Department No Objection Conditions No Reply

REPRESENTATIONS Neighbours One letter of objection

Newspaper Advertisement No response

COMMENTS The applicant seeks planning consent to site a hot food van within the car park adjacent to the Koh-I-Noor on the corner of Bank Street and Kirkwood Street, Coatbridge. The hot food van would be located to the rear of the car park. Following a full assessment of the proposals, taking into account all material considerations including the concerns raised in the letter of objection it is considered that the development is likely to cause an amenity problem in the area and be a safety hazard to children fkom the nearby schools. I therefore recommend that permission be refused.

RECOMMENDATION

Refuse for the following reasons:-

1. In the interests of the visual amenity of the area as a temporary mobile structure such as this is unsuitable on an undeveloped fkontage site on a main traffic route such as Bank Street.

2. In the interest of pedestrian and road safety as the siting of the snack van would be a potential hazard to the adjacent primary school children, at Langloan and Willow Bank schools who would be attracted out of the school grounds onto the streets and footways leading to the site.

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List of Background Papers

- Application form and plans. - Adopted Monklands District Local Plan 1991. - Letter of objection from Trainor Alston Solicitors. - Consultations response fiom Education Department.

Any person wishing to inspect the above background papers should telephone Coatbridge 812375 and ask for Rosaleen Toal.

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APPLICATION NO. C/OO/OO711/FUL

REPORT

1. APPLICATION SITE AND PROPOSAL

1.1 This application relates to the siting of a mobile hot food van within the car park adjacent to the Koh-I- Noor on the corner of Bank Street and Kirkwood Street, Coatbridge.

1.2 The snack van would be located to the rear of the car park which is surrounded by housing and located close to two schools.

2. CONSULTATIONS/REPRESENTATIONS

2.1 There were no external consultees involved in this application. However the Education Department has advised that the location of this mobile snack van could encourage both the children at Willowbank School and the children at Langloan Primary School to leave the school grounds at lunchtimes.

2.2 One letter of objection was received in connection with the proposal. The main points of objection raised are as follows:

(i) There would be a significant increase in vehicular traffic to and from the area causing congestion to an already part of the main road.

(ii) There would be a further increase in parked vehicles using the area.

(iii) There would be an increase in danger to pedestrians in the area.

(iv) There would be an increase in noise level causing further disturbance to nearby residents.

(v) The probability of litter in the area would be environmentallyunacceptable.

3. OBSERVATIONS AND CONCLUSIONS

3.1 In terms of the various points of objection raised I would comment as follows:

(i) the applicant is proposing to locate adjacent to Bank Street, Coatbridge which is already a busy road to attract trade from by-passing vehicles. It would not be assumed that the sitting of the van would increase traffic to the area in general.

(ii) The snack van is situated at the rear of the carpark which would accommodate vehicles wishing to use the snack van.

(iii) It is possible that some vehicles may park on the restricted zones surrounding the carpark on the corner of Kirkwood Street and Bank Street. This in turn could compromise the safety of pedestrian in the area especially the primary school children from the adjacent schools.

(iv) I would agree that the siting of the snack van in this location would adversely affect the character of the surrounding area.

(v) The probability of litter in the area would be environmentally unacceptable however this problem would not be considered to be justification for refusing this application.

4. RECOMMENDATION

4.1 The siting of a snack van at this particular location would adversely affect the existing character of the site and surrounding area and would create a potential road safety hazard to the adjacent primary school children and I, therefore recommend that consent be refused for the proposal-for the reasons stated above.

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Application No. C/OO/OO762/FUL Date registered 27 June 2000 APPLICANT h4R & MRS G, H, MOON, 5 SANDHEAD CRESCENT, CHAPELHALL

Agent MR DAVID WMNING, 25 MONKS ROAD, AIRDRIE DEVELOPMENT ERECTION OF SINGLE STOREY REAR EXTENSION LOCATION 5 SANDHEAD CRESCENT, CHAPELHALL

Ward No. 51 Grid Reference 278 182 662237

File Reference

Site History 92 157 - Erection of Residential Development Comprising 22 Dwellinghouse Plots and the Formation of Two Access Roads (in outline) - granted subject to conditions on 29 May 1992.

94527 - Erection of Two Storey Detached Dwellinghouse and Domestic Garage at Plot 8, Honeywell Crescent, Chapelhall - granted subject to conditions on 12 December 1994

95069 - Erection of Single Storey Dwellinghouse (amendment to planning consent 94527) at Plot 8, Honeywell Crescent, Chapelhall - granted subject to conditions on 10 March 1995.

Development Plan Under the terms of the Monklands District Local Plan 1991 the site is located within an area covered by HG4 -Strategic Housing Site.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours One letter of objection

Newspaper Not required Advertisement

COMMENTS This application seeks planning consent to erect a single storey rear extension to 5 Sandhead Crescent, Chapelhall. One letter of objection has been received from the Feu Superior in relation to this application and the comments are detailed in my accompanying report. For reasons contained in my report it is recommended that planning permission is granted.

RECOMMENDATION

Grant, subject to the following conditions.

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

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

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

Reason: In the interest of the amenity of the dwellinghouse and surrounding area.

3. That the extension hereby permitted shall be used solely as part of the existing dwellinghouse and at no time shall it be occupied as a separate dwellinghouse.

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

List of Background Papers

- Application form and plans. - Adopted MonkIands District Local Plan 199 I. - Letter of objection from G S Brown Construction, dated 28 June 2000.

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Rosaleen Toal.

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APPLICATION NO. C/00/00762/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is a detached dwellinghouse bounded by dwellinghouses on both sides with open space bounding the dwellinghouse to the rear.

1.2 The applicant is seeking planning permission to erect a single storey rear extension to the dwellinghouse. The extension will be finished in materials to match the existing dwellinghouse.

2. REPRESENTATION

2.1 One letter of objection has been received from the Feu Superior in relation to this application. The objection is on the following grounds:

a> The outline consent showed a building envelope which was intended to avoid over development by individuals building too close to boundaries. This proposal is outwith that envelope and may have implication on future development of the land to the south of the dwellinghouse.

b) Superiors consent is required for this alteration and this will not be granted.

c> The Deed of Conditions of sale of this plot restricts development outwith the building envelope.

3. ASSESSMENT

3.1 On detailed assessment of the application it was considered that the rear extension was acceptable in terms of design and material fmish. The applicant has a 1.8 metre high fence to the rear of his property which will screen the rear extension from any future development on the openspace behind the dwellinghouse. In effect there are .no material plarining reasons to refuse the proposal.

3.2 On the grounds of the objection received, the following response is made:

a> The outline plans approved under planning consent 92 157 make no reference to restricting development within the plots, either on decision notice or approved plan.

b) Superiors Consent is a separate legal issue that the applicant will require to address before the development starts on site and not a valid planning reason to refuse the proposal.

c) Again this legal issue will require to be addressed by the applicant before any development starts of site, however it is not a valid planning reason to refuse the proposal.

4. CONCLUSIONS

4.1 Taking the above into account it is recommended that consent is granted subject to the attached conditions.

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Application No. C/00/0079 l/ADV Date registered . 3 July 2000 APPLICANT APPLE OUTDOOR, 85 KIRKTON STREET, CARCUKE, ML8 4AD

Agent None DEVELOPMENT ERECTION OF 48 SHEET ADVERTISEMENT HOARDING AND ASSOCIATED FENCING LOCATION 1 11 - 115 BLACK STREET, AIRDRIE

Ward No. 43 Grid Reference 277069 666555

File Reference C/PL/04760/0 11 1/2/000/KC/SOH

Site History C/00/00547/ADV : Application for erection of an internally illuminated advertisement panel (in retrospect) on the gable of 11 1 - 1 15 Black Street (the bookmakers) granted, 5 July 2000.

Development Plan In terms of the Adopted Monklands District Local Plan 1991 the site is covered by the following policy zoning:

ECON 2 Existing General Industrial Areas Contrary to Development Plan Contrary to policy

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours Not Required

Newspaper Advertisement Not required

COMMENTS This application is for advertisement consent for the erection of an externally illuminated 48 sheet advertisement hoarding and associated fencing at land to the rear of 111 - 115 Black Street, Airdrie. The applicant has requested that if the Council was minded to the refuse the proposal, then it be repolted to Committee and that a site visit be carried out.

The applicant submitted a letter with the application outlining a number of aspects in support of the proposal. These items shall be dealt with in turn.

Firstly, it is suggested that the age of the current Local Plan (almost 10 years) means that the proposal has not been fully considered. It is worth pointing out that the Local Plan was not in fact adopted until 1995. Furthermore, the policies contained with the Local Plan are consistent with relevant advice from Central Government. In fact, this Division has an extremely good record when it comes to advertisement consent appeals being dimissed by the Scottish Ministers.

The applicant goes on to point out that the nearest residential properties are 70 metres away from the application site, having only an oblique view with trees screening their line of sight. It is agreed that the effect on local residents will be minimal. .-

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131

It is further stated that the proposal will suitably screen and enclose the site, not being over dominant in the street scene due to its position in relation to the large warehouse and to it being located between two higher buildings. These points are noted, although not wholly supported. It is held that the area to the rear of 11 1 - 115 Black Street does not require to be screened. It is the case that the area is overgrown, however, it is not in a serious enough state to warrant screening. Furthermore, it is held that any forms of advertisement, particularly hoardings, are by their very nature, designed to be conspicuous within the environment. Therefore, the extent to which the impact of the hoarding is seemingly purported by the applicant to be mitigated is considered to be overstated.

It is agreed that the fixing of the manhole cover and the removal of the broken fence will have a positive effect. However, these aspects alone would make a difference, and can be carried out without the need for the advertisement hoarding.

In relation to public safety it is agreed that the proposals will not distract drivers. However, the Transportation Manager highlighted that due to parking restrictions, it will only be possible to service the site on a Sunday.

Having dealt with the points raised in the applicant’s letter, I shall now move on to discuss further aspects that have been taken into consideration.

The Design Guidance on Advertisements contained within the Local Plan states that hoardings will generally only be permitted on suitable sites in the town centres, where they would result in the temporary screening of a particularly unattractive site or produce general environmental improvements. In this case, the site is not located within a town centre, and it is not unattractive enough to require screening. It is however agreed that the proposal would produce some general environmental improvements. However, it is held that they are not enough to warrant the erection of an advertisement hoarding at that location.

The guidance also suggests that hoardings should not be located on the perimeter of open spaces as they adversely affect the amenity of the area. While attempting to screen the rear of 111- 115 Black Street, the hoarding would be located on the perimeter of the small open space area on Motherwell Street.

Finally, it should be noted that the proposal, if agreed, would be located on the A73, a busy route which not only carries local commuters, but also traffic passing through to other destinations out with this Division. It is felt that locating an advertisement hoarding on such a prominent route, is not really the image this Division wishes to portray. Especially since it is felt that the site is not in a serious enough condition to warrant screening.

RECOMMENDATION

Refuse, for the following reasons:

1. In the interest of visual amenity as the proposal attempts to screen a site which is not in a serious enough condition to warrant screening, is not located within a town centre, and would be located on the perimeter of a small open space area, therefore being contrary to Policy ENV14 (Display of Advertisements) and the relevant Design Guidance on Advertisements which forms part of the Adopted Monklands District Local Plan, 1991.

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List of Background Papers

- Application form and plans dated, 28 June 2000. - Letter of support from applicant dated 28 June 2000. - Adopted Monklands District Local Plan 1991. - Consultation response from Tranportation Manager, dated 19 July 2000.

Any person wishing to inspect the above background papers should telephone Coatbridge 812382 and ask for Kirsten Cairns.

R0000791 133

Application No. C/OO/OO83O/ADV Date registered 10 July 2000 APPLICANT APPLE OUTDOOR, 85 KIRKTON STREET, CARLUKE, ML8 4AD

Agent None DEVELOPMENT ERECTION OF 4 x 96 SHEET ADVERTISEMENT HOARDINGS, ASSOCIATED FENCING AND LANDSCAPING

LOCATION LAND TO THE WEST OF AIR PRODUCTS, LANGMUIR ROAD, COATBRIDGE, BARGEDDIE Ward No. 36 Grid Reference 270432 663846

File Reference

Site History None

Development Plan In terms of the Adopted Monklands District Local Plan 1991 the site is covered by the following policy zonings:

ECON 2 Existing General Industrial Areas ECON 414 Industrial Land for Company Expansion, Air Products, Bargeddie

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No response

Newspaper Advertisement Not required

COMMENTS This application is for advertisement consent for the erection of 4 externally illuminated 96 sheet advertisement hoardings, associated fencing and landscaping, between the existing palisade fence and the heel of the footpath, at land to west of Air Products, Langmuir Road, Bargeddie. The applicant has requested that if the Council was minded to refuse the proposal, then it is reported to Committee and that a site visit is carried out.

The applicant submitted a letter with the application outlining a number of aspects in support of the proposal. These items shall be dealt with in turn.

Firstly, the applicant points out that the proposal will not pose any public safety issues. It is agreed that there will be no public or traffic safety issues as a result of the proposal.

The applicant also points out that there are no residential properties affected by the proposal. This is agreed.

The applicant states that the site is badly overgrown having lacked routine maintenance for many years, resulting in the area being ovefgrown, thus leading to the general unkempt feeling of the street. It is agreed that the site has not been

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135

maintained for a number of years. Having visited the site, it is held that the site has an unstructured, natural appearance, but certainly not of such severity that it in any way leads to the surrounding area having an unkempt appearance.

The applicant proposes that the existing bushes be cut back and the ground regraded for the introduction of new trees and large shrub beds that will run the entire length of the site. It is agreed that the landscaping elements of the proposal would have a positive effect on the area. However, when balanced against the 4 x 96 sheet hoardings, it is felt that the area is not in a serious enough state to warrant screening.

The points made in relation to the site not being in a residential area, an area of special control, rural area, conservation area etc. are accepted. It is Merstated that the scales of the hoardings are in keeping with their environment, avoiding being over dominant when compared to the surroundings. These points are noted, although not wholly supported. While it can be understood what the applicant means, it is still the case that advertisement hoardings by their very nature, are designed to be conspicuous within the environment. Therefore, the extent to which the impact of the hoardings is seemingly purported by the applicant to be mitigated is considered to be overstated.

It is Merstated that as the hoardings will be lit, the area will benefit as it currently has lower than average lighting levels. This point is not supported, as Langmuir Road itself is adequately lit.

Finally, the applicant states there is a demand for such forms of advertisement within North Lanarkshire. It is further stated that managed displays cuts back on fly posting. These points are noted. However, they are not enough in their own right to justify allowing advertisement hoardings on sites that do not require to be screened.

Having dealt with the points raised in the applicant’s letter, I shall now move on to discuss further aspects that have been taken into consideration.

The Design Guidance on Advertisements contained within the Local Plan states that hoardings will generally only be permitted on suitable sites in the town centres, where they would result in the temporary screening of a particularly unattractive site or produce general environmental improvements. In this case, the site is not located within a town centre, and it is not unattractive enough to require screening. Furthermore, the type of screening is not of a temporary nature. It is however agreed that the proposal would produce some general environmental improvements. However, it is held that the site is not unattractive enough to require any form of screening whatsoever.

The guidance also suggests that hoardings should not be located in landscaped areas, as they would adversely affect the amenity of the area. The area outlined in the proposal, while not having been actively maintained, can be classed as landscaped.

RECOMMENDATION

Refuse for the following condition.

1. In the interest of visual amenity as the proposal attempts to permanently screen a site which is not in a serious enough condition to warrant screening, is not located within a town centre, and would be located in a landscaped area, therefore being contrary to Policy ENV14 (Display of Advertisements) and the relevant Design Guidance on Advertisements which forms part of the Adopted Monklands.- . District Local Plan, 1991.

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List of Background Papers

- Application form and plans dated 7 July 2000. - Letter of support from applicant dated 7 July 2000. - Adopted Monklands District Local Plan 199 1. - Consultation response from Transportation Manager dated 3 1 July 2000.

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12382 and ask for Kirsten Cairns.

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Application No. S/99/0101 UOUT Date registered 6 August 1999 APPLICANT SALTIRE DEVELOPMENTS LTD C/O VINE HOUSE, 11 BALFOUR MEWS, LONDON W1Y 5RJ Agent McInally Associates Ltd, 1 Newton Mews Place, Glasgow, G3 7PS DEVELOPMENT ERECTION OF MIXED USE COMMERCIAL DEVELOPMENT INCLUDING STORAGE AND DISTRIBUTION DEPOTS, HOTEL AND LEISURE DEVELOPMENT AND A FAST FOOD OUTLET WITH ASSOCIATED ROAD WORKS AND LANDSCAPING LOCATION LAND SOUTH WEST OF JUNCTION 6 (M8), GLASGOW TO EDINBURGH ROAD, MOTHERWELL

Ward No. 27 Grid Reference 2.78997 661617

File Reference

Site History 1989 - Appeal dismissed by Scottish Office in respect of proposed regional shopping and leisure centre 1993 - Application refused in respect of mixed retail and leisure development 1995 - Application refused in respect of mixed retail and leisure development 1995 - Permission granted in respect of industrial development in south west corner of current application site 1996 - Application for construction of furniture warehouse, DN warehouse, auto-park, badrestaurant and fast food drive-in (subsequently withdrawn)

Development Plan Strathclyde Regional Council Structure Plan Policies GB1, GBlA (Green Belt) IND 3A (Industrial Land Supply) Motherwell District Council, Northern Area Local Plan Policies El, E2, E3 (Green Belt) North Lanarkshire Council, Southern Area Local Plan Finalised Draft - Policy IND 1 (Industrial)

Contrary to Development Plan Yes

CONSULTATIONS

Objection Glasgow City Council, South Lanarkshire Council No Objection CSCT, Coal Authority, Strathclyde Passenger Transport, Health & Safety Executive, Historic Scotland Conditions Scottish Power, West of Scotland Water, Structure Plan Manager, Scottish Executive No Reply West Lothian Council, Scottish Natural Heritage, Stirling Council, Scottish Enterprise Lanarkshire

REPRESENTATIONS

Neighbours 2 letters of objection .- Newspaper N A

I - I 139

Advertisement No Response

COMMENTS The applicant seeks planning permission for a large mixed use development, including storage/distribution warehousing, a 15 0 bed hotel with leisure facility and a fast food restaurant on 27 hectares of land to the south west of Junction 6 on the M8. Most of the site is presently zoned as Green Belt on the development plan but its release for Industrial Development is sought via the current Finalised Draft of the Local Plan. A &65million investment is proposed creating an estimated 900 full time jobs and 250 part time jobs. Two objections have been received from notified neighbours. It is recommended that planning permission be granted although a Section 75 Agreement will be required for off-site roadworks. If my recommendation is accepted, referral to the Scottish Ministers (Development Contrary to the Development Plan) will also be required. Note that the application has been accompanied by a full Environmental Statement in terms of the relevant regulations.

- _I, RECOMMENDATION

Grant, subject to the following conditions;

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

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

2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (d) the layout of the site, including all roads, footways, and parking areas; (e) the details of, and timetable for, the hard and soft landscaping of the site; (0 details for management and maintenance of the areas identified in (e) above; (g) the provision of drainage works; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; (i) details of existing and proposed site levels.

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

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

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

4. That notwithstanding the terms of condition 2 above, no buildings within the application site shall be constructed until the road improvements outwith the site, including the new 140

roundabouts detailed in the "Transport Impact Assessment" provided by JMP Consultants Ltd in respect of this application, have been completed.

Reason: To ensure the provision of adequate access arrangements from the public highway.

5. That notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the permitted change of use from Class 6 to Class 4 is hereby removed.

Reason: To ensure that the storage/distribution warehouse units may not become wholly office units as, by reason of increased car trips being generated, this would be detrimental to the environment with adverse implications for the roads network.

6. That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990;and before the development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SISG 1993) shall be submitted to the Planning Authority confuming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.

Reason: To ensure the mineral stability of the proposed site in the interests of prospective occupiers (Note: A copy of the required Certificate is available from the Divisional Office).

7. That notwithstanding the terms of condition 2 above, bushes, hedgerows or trees shall not be removed from the application site without the express written approval of the Planning Authority, following on-site meetings to assess the vegetation to be retained.

Reason: To allow on-site assessment of ecological and conservation value, in the interests of visual amenity and ecology.

8. That before any development starts on site, the vegetation identified to remain, in terms of condition 7 above, shall be protected by measures in accordance with British Standard BS5837.

Reason: To ensure the protection of this vegetation during development.

9. That with respect to the terms of condition 2 above, the soft landscaping details identified for each phase of the development shall be completed before the first building in the next phase is brought into use.

Reason: To ensure the provision of soft landscaping in relation to built development.

10. That notwithstanding the terms of conditions 2 and 9 above, soft landscaping of the southern site boundary shall be completed before the first building hereby approved is brought into use. .. Reason: In the interests of the visual amenity of the adjoining residents. 141

11. That any shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the adequate retention of soft landscaping.

12. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 2 shall be in operation.

Reason: To ensure the long term retention of soft landscaping.

13. That no building hereby permitted shall be brought into use unless the footways and roads leading thereto are.completed to at least sealed base course level.

Reason: To ensure short term satisfactory vehicular and pedestrian access facilities to the buildings.

14. That upon the final building hereby permitted being brought into use, all footways and roads within the application site shall be completed to final wearing course.

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

15. That until footways and roads within the application site are completed to final wearing course, they shall be maintained to the satisfaction of the Planning Authority and that, for the avoidance of doubt, this will include the repair of potholes and the removal of deleterious material such as mud.

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

16. That for the avoidance of doubt, access from the A775 to the garage premises on Biggar Road shall be maintained at all times.

Reason: To ensure adequate pedestrian and vehicular access to the property at all times.

17. That notwithstanding the terms of condition 2 above, the first submission of reserved matters shall include a comprehensive scheme for the northern site boundaryhrea adjacent to the M8, indicating the proposed treatment of the elevations fionting the M8 and the associated circulation areas and landscaping. This will be used as a basis for assessing subsequent reserved matters applications.

Reason: To ensure a high quality visual treatment along the boundary of the site.

18. That notwithstanding the terms of condition 2 above, the hotel shall be located in the north east corner of the site and be associated with the proposed “gateway” feature.

Reason: To ensure the provision of the hotel and associated “gateway” feature on the most visually prominent part of the site.

19. That the total warehousing floorspace to be developed within the application site shall not exceed 53,000 square metres.

Reason: To ensure that the roads network is not adversely affected by the proposed development in accordance with the “Transport Impact Assessment”. 142

20. That construction of the hotel hereby permitted shall not start until at least 50% of the warehouse space has been constructed.

Reason: To ensure that adequate industrial development, which is the reason for departure from the development plan, is provided before the introduction of the hotel as an ancillary use.

21. That construction of the fast food restaurant hereby permitted shall not start until at least 30% of the warehouse space has been constructed.

Reason: To ensure that adequate industrial development, which is the reason for departure from the development plan, is provided before the introduction of the fast food restaurant as in ancillary use.

NOTES TO COMMITTEE

1. The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of the provision of off-site road works including the construction of two new roundabouts. The planning consent should not be issued until these matters have been concluded.

2. If granted, this application will require to be referred to the Scottish Ministers for Scotland in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

List of Background Papers

Application form and plans dated 6/8/99 Letters from applicant dated 15/7/99,21/1/00,3/2/00,2/5/00, 12/5/00 and 26/5/00 Environmental Statement, May 2000 Trasnport Impact Assessment, February 2000 Strathclyde Regional Council, Structure Plan 1995 Motherwell District Council Northern Area Local Plan 1986 Glasgow and Clyde Valley Joint Structure Plan, Finalised Draft 2000 North Lanarkshire Council, Southern Area Local Plan, Finalised Draft 1998 Letter from Coal Authority dated 23/8/99 Letters from Scottish Power dated 24/8/99 and 30/6/00 Letters from Structure Plan Manager dated 2/11/99 and 10/7/00 Memo from Director of Community Services dated 1/9/99 Letter from Glasgow City Council, dated 16/9/99 Letter from CSCT dated 7/9/99 Letter from Strathclyde Passenger Transport, dated 8/9/99 Letters from South Lanarkshire Council, dated 26/8/99 and 13/7/00 Letter from West of Scotland Water dated 6/12/99 and 21/6/00 Letter from Scottish Executive dated 19/7/00 Letter from Health & Safety Executive, dated 16/6/00 Letter from Historic Scotland, dated 5/7/00 Letter from Mr & Mrs G Muir, 4 Pollockshill, Newhouse, undated Letter from Mr & Mrs P Moore, Muirfeld East, Old Edinburgh Road, Newhouse, dated 4/8/99

Any person wishing to inspect the above background papers should telephone M6therwell302090 and ask for Mr Ashman. 143

APPLICATION NO. S/99/010 1l/OUT

REPORT

1. APPLICATION AND SITE

1.1 The applicant seeks planning permission for a mixed commercial development including storage and distribution depots, a hotel (incorporating 150 beds and associated leisure facility), a fast food restaurant, and road works and landscaping associated with the entire site. The application is in outline, hence approval is only sought in principle, at this stage, for the proposed development. The original application, submitted in August 1999 also included an office component. Market research by the applicant has indicated that storage/distribution warehousing is most in demand at this location and, therefore? the ofice component has been deleted.

1.2 AIthough the application was submitted a year ago, it was considered that an Environmental Statement was required, due to the nature of the proposed development and the site. The Statement was not submitted in finalised form until June this year. It was only once the Environmental Statement was submitted that fidI consideration could be given to the application, hence the delay in reporting this application to Committee. It should also be noted that a Transport Assessment was required of the applicant. Finally, a full supporting statement was submitted, describing the project and giving reasons why it was considered that the Council should look favourably on the proposals.

1.2 Although the application is outline in nature, a proposed master layout has been submitted, showing 15 different storage/distribution warehouses covering approximately 53,000 square metres. These occupy the bulk of the site. The hotel is located to the north east to ensure visual prominence from the M8, with a feature pond to the front of the hotel. This part of the site will incorporate a “gateway” feature to give a sense of “arrival”, for travellers westbound along the M8 to the built up area of North Lanarkshire nearest to the motorway. The plan also shows a fast food restaurant in the south west corner next to a “park and share” facility. The latter facility will formalise an arrangement witnessed in the area over several years where drivers apparently meet to share a car into Glasgow or Edinburgh. The plans also show the new roads network to be created within the application site and proposed landscaping, consisting mostly of tree planting. Access would be taken to the site via two new roundabouts on the A775 Glasgow to Edinburgh Road.

1.3 Overall, the applicant estimates that this represents a E65 million investment, including the creation of 900 full time jobs and 250 temporary jobs.

1.4 The development will be one of the Iargest and most strategically important in Scotland. The site extends to approximately 27 hectares and is located immediately to the south west of Junction 6 of the M8 motorway. The motorway forms the northern site boundary with the A73 forming the eastern boundary. Another road, the A775 forms the southern boundary. To the west lies the W H Malcolm depot within Newhouse Industrial Estate and an area of vacant ground that is owned by Terex, who recently received planning permission to build a new unit. The site is disected south east to north west by the Old Glasgow-Edinburgh Road and north to south by the truncated section of Biggar Road.

1.5 Historically, use of the site has mainly been agricultural but, as may be expected for an area this large, use has varied within the site. Built development seems to have been minimal, with the former Airdrie and Newhouse Branch railway line crossing the site for some years and a former scrap yard, until recently, occupying the southern edge of the area. Nevertheless, agriculture and, in particular, grazing seems to have been the main use in recent years, although this use 144

seems to have been largely discontinued. There has been evidence that some of the fields have been cut for hay or silage, although others merely appear to have been abandoned. The fields are divided by mature hawthorn hedges and there are a number of mature beech, ash, sycamore and oak trees, particularly along the eastern boundary.

1.6 Generally the site slopes down from east to west although there is a lower lying area of ground in the north east corner. Nevertheless, this north eastern part of the site is visually prominent, offering views across much of the Glasgow conurbation.

1.7 Placing the site in a wider context, there is a mix of land uses to the south including the Newhouse Hotel, a petrol filling station, some residences and the partly implemented Legbrannock Development, including the golf course. Beyond Newhouse Industrial Estate, to the west, is the Eurocentral Development and the village of Holytown. On the northern side of the M8 lies Chapelhall although to the east of the A73 there are only one or two scattered farmsteads.

2. CONSULTATIONS

2.1 A range of consultees were contacted regarding the application as originally submitted and following removal of the ofice element. Consultation was also carried out in respect of the Environmental Statement. The following comments are a consolidation of all the responses.

2.2 Glasgow City Council objects on the basis that the proposal is contrary to Policy GBl of the Strathclyde Local Plan (sic) in that it constitutes an unacceptable intrusion into the Green Belt, to the detriment of the long term stability and endurance of the Green Belt and to the detriment of the surrounding conurbation.

2.3 South Lanarkshire Council objects on the basis that the proposal is contrary to the Strathclyde Structure Plan Policy GB 1 (see above), cannot be justified on the grounds of Policy GB 1A (ground for departure from GB1) or Policy IND 3A (as it is not part of the marketable land supply and its inclusion cannot be justified), is contrary to Policy OFF 1 (as it is not the preferred location for office development over 2,000 square metres) and cannot be justified against Policy OFFlA (grounds for departure from OFF1).

2.4 Scottish Power do not object in principle but point out that they have underground apparatus in the area which may be deviated at the applicant’s expense.

2.5 West of Scotland Water similarly have no objection in principle but have pointed out that they have water mains within the site, which will have to re-routed. Connection to the existing sewer system cannot be made at reasonable cost to West of Scotland Water, although it is technically feasible. Hence, cost implications will have to be met by the developer.

2.6 Central Scotland Countryside Trust do not object to the application but wish to see more attention paid to landscape design issues and other matters such as cycle lanes.

2.7 The Coal Authority note that the site is populated with mine entries. Although they have no objection in principle, it is pointed out that appropriate technical advice would need to be sought.

2.8 Strathclyde Passenger Transport point out that there are existing bus service links to Airdrie, Bellshill and Harthill, although additional links and frequencies would be required. Satisfactory bus stops should be provided within and outwith the site.

2.9 The Structure Plan Manager has raised concerns over the aforementioned Green Belt and Industrial policies. He considers that the status of the site be examined via the local plan 145

review rather than a planning application. With respect to the Finalised Draft of the Glasgow and the Clyde-Valley Structure Plan, it is pointed out that any opportunities related to the Euro- Freight Terminal will be supported, depending upon public transport links to the wider conurbation for employment opportunities. Proposals to extend the supply of business and industrial development opportunities are related to this but the manager considers the proposal runs counter. It should be pointed out that this response was made when the office component was still part of the application: a factor which would have resulted in a higher level of person trips. It also preceded the new draft Structure Plan (see below). Subsequent meetings have been held with a member of the Structure Plan Manager’s staff and these objections have been largely addressed by the revised proposals.

2.10 Scottish Executive - no objections subject to conditions.

2.1 1 Stirling Council, Scottish Natural Heritage, Scottish Enterprise Lanarkshire have not responded.

3. OBJECTIONS

3.1 Two letters of objection have been received from notified neighbours. The first neighbour objects on the grounds that her environment will be completely changed from that existing with extra traffic passing her door at all hours of day and night, causing noise and pollution. She points out that the land is allocated as Green Belt and although welcoming the jobs boost considers that these will merely be jobs relocated from elsewhere.

3.2 The second neighbour cites change of character of the area, a loss of amenity, visual intrusion, an increase in litter, especially from the fast food outlet and an increase in noise from increased traffic.

4. DEVELOPMENT PLAN

4.1 The development plan consists of the Strathclyde Regional Council Structure Plan, 1995, as modified, and the Motherwell District Council Northern Area Local Plan, 1986.

4.2 The Structure Plan policies most relevant to this site are as follows:

Policy GB 1

The spread of built up areas and the encroachment of development into the countryside, within a “Green Belt” around the Conurbation and AyrRrestwick/Troon as indicated on the Key Diagram, shall not accord with the Regional Development Strategy.

Policy GB 1A

Proposals for development within the Green Belt shall require to be justified against the following criteria:

(a) economic benefit (b) specific locational need (c) infrastructure implications, and (d) environmental impact. 146

Policy IND 3A

Proposals for industrial development on sites which do not form part of the marketable supply shall require to be justified against the following criteria:

(a) economic benefit (b) access to the public transport network (c) infrastructure implications (d) environmental impact (e) significant changes in the local economy (f) the outcome of the review of industrial land required by policy IND3

4.3 The relevant Northern Area Local Plan policies are as follows:

Policy El - Green Belt

Within areas defined as Green Belt only development which is clearly required in connection with agriculture, forestry, outdoor sports and open space uses will be allowed. The exception will be the open-cast extraction of minerals which is the subject of a separate policy.

Policy E 2 - Urban Fringe

At the boundary of the Green Belt and the built up area, action will be taken to reduce urban pressures on the contiguous agricultural areas.

Policy E 3 - Imorovement of Derelict and Underused Land Within the Green Belt

Motherwell District Council, through the mechanism of the Central Scotland Countryside Trust will encourage private landowners to improve derelict and underused areas within the Green Belt through woodland planting and management schemes.

5. EMERGING DEVELOPMENT PLAN ISSUES

5.1 Both elements of the development plan have been subject to revision before and during consideration of the current application. The Glasgow and the Clyde Valley Joint Structure Plan 2000 has just been released in Finalised Draft form. Whilst this Structure Plan is still to be formally adopted, it represents current strategic thinking by all eight signatory authorities. In this plan the Newhouse area is identified in two schedules as an “Established Urban Expansion Area” and a “Strategic Industrial and Business Location”. It is to be given priority in terms of industrial and business development, and ancillary uses. In recognition that Newhouse Industrial Estate is at capacity the release from the Greenbelt of 15 hectares somewhere in Newhouse is recognised.

5.2 The North Lanarkshire Council Southern Area Local Plan, Finalised Draft, which preceded the above Structure Plan, has a policy specific to this site. At the time the Local Plan was being drawn up, an application for retail warehouses (subsequently withdrawn) was under consideration. The policy indicated that “should retail development not proceed” the site would revert to Policy INDl . This policy states “The Council will seek to maintain a 10 year supply of marketable land for industrial and business development in each category of the land supply (High Amenity, Prestige, Local and Low Amenity) promoting where possible, the re-use of vacant and derelict urban land. It will support, in principle, the development of those sites 147

listed in Schedule INDl and shown on the Proposals Map. Where industrial and business land is identified which is surplus to the area’s longer term requirements, the Council will encourage its allocation to appropriate alternative uses”. The greater part of the current application site is identified in Schedule IND 1 as a “Proposed Greenfield Release Site”.

6. NATIONAL PLANNING POLICY

6.1 Due to the significance of the size and location of the proposed development, consideration has to be given to national planning policy guidance and, in particular, NPPG2 - Business and Industry, NPPG 17 - Transport and Planning, and Circular 24/1985 - Development in the Countryside and Green Belt. These documents will be addressed in the section below on “Comments and Anaylsis”.

7. OTHER POLICY CONSIDERATIONS

7.1 In October 1997, in recognition of the intense developer interest in the whole MWA8 Corridor and in recognition of the likely delay until an updated Local Plan could be adopted, the “M8/A8 Corridor Interim Land Use Strategy” document was published by the Council. Although it has no statutory basis, it has formed the basis for policy development in the Finalised Draft of the Southern Area Local Plan. It identified the application site as possibly being appropriate for strategic industrial development for inward investment.

8. COMMENTS AND ANALYSIS

Introduction

8. I The land immediately to the south west of Junction 6 of the M8 has been the subject of intense interest by a succession of developers over a period of more than 20 years. The “site history” section at the start of this report cites the main historical events and applications, indicating that although the site boundaries and nature of the proposed developments have changed over time, development pressure has been constant. Previous proposals have largely failed either at the stage they were assessed by the pre-decessor Councils or the Scottish Office/Scottish Executive, mainly because they contained a retail element and due to the stout defence of the Green Belt designation of the site. The current application does not contain a retail (Class 1 of the 1997 Use Classes (Scotland) Order) element and assessment therefore falls to justification for release of this site from its development plan status as Green Belt allied with other relevant policies of the development plan, both existing and emerging plans, all set against the background of national planning policy guidance.

Green Belt Status

8.2 The site has been designated as Green Belt since 1973. Circular 2411985 identifies the three main purposes of the Green Belt, viz;-

- To maintain the identity of towns by establishing a clear definition of their physical boundaries and preventing coalescence;

- To provide countryside recreation; and

- To maintain the landscape setting of towns. 148

The Circular does, however, allow planning authorities to review Green Belt boundaries that are regarded as no longer making any significant contribution to the purposes for which they were designated.

8.3 Newhouse existed before Green Belts were introduced via national legislation. The settlement is so small that it could only be regarded as the smallest of hamlets. The Green Belt does not serve to maintain the landscape setting of Newhouse but is intended more to ensure the setting and separation of HolytowdNewarthill and Chapelhall. It is considered that the redesignation of this section of the Green Belt will not adversely affect this aim.

8.4 It also has to be considered that this area of Green Belt has become abandoned in appearance with grazing largely discontinued and the cultivation of all of the area similarly scaled down. Whether this is due to the landowners’ or lessees’ economic prospects altering is unclear, but the site is now beginning to suffer from the obvious signs of urban fringe pressures such as fly- tipping.

8.5 Finally, the western edge of the Green Belt has been steadily eroded over time with the eastwards extension of Newhouse Industrial Estate including, recently, the release of part of the Green Belt for further development by Terex.

8.6 When all these factors are taken into consideration, I consider that the long term defence of the application site as Green Belt cannot be sustained and that, in terms of Circular 24/1985, it no longer serves an essential Green Belt function. By implication, therefore, the site should be considered for possible development purposes with the A73 providing a more defensible long term Green Belt boundary. Nevertheless, its present status is Green Belt and, therefore, assessment has to be made against existing development plan policy.

8.7 Firstly, in light of the above discussion, the reasons for allowing a departure from Green Belt policy require to be assessed against policy GB 1A of the Strathclyde Structure Plan. The criteria are as follows, viz;-

Economic benefit - the estimated development value of &65million, with the creation of 900 full time and 250 part time jobs near to areas of relatively high unemployment (Holytown, Newarthill and Chapelhall) represents a very clear economic benefit. The rise in income would have a subsequent benefit to other businesses within these communities.

Specific locational need - as part of the environmental statement, an analysis was carried out by the applicant of possible alternative sites throughout North Lanarkshire. The applicant claims that although individual units could be located elsewhere, there was no other site which offered such close access to the Eurofkeight terminal and the trunk road network which was readily available. These matters are extremely important for the distribution business in minimising road transport to the road and rail network. Therefore, to allow the development of a warehousing distribution park of the size proposed, the land at Junction 6 was the only option.

Infrastructure implications - the site may be serviced and all the costs of this are to be absorbed by the applicant. With respect to the matter of the heavy goods traffc likely to be generated as a result of the proposed development, close proximity to the trunk road network will mean there are very few adverse implications for roads infrastructure which cannot be addressed by the applicant.

Environmental impact - as noted, an environmental statement has been submitted by the applicant, which covers all aspects of environmental impact. Inevitably, any 149

development in a former greenfield site will have some impact, in terms of visual impression, noise, fumes, drainage etc. I am satisfied that all relevant matters have been addressed in the statement and agree that most disruption will take place during the construction phase. The longer term use of the site will have only moderate impact and will bring some positive benefits with the removal of fly tipping and the creation of new tree planted areas (indicative plans show generous landscaping including the retention, where possible, of existing hedgerows).

8.8 The Green Belt policies of the Local Plan are more absolute in that allowance is not made for departure from the plan. However, the Structure Plan sets the context for the Local Plan and, unfortunately, the adopted Local Plan has not been updated to take account of Structure Plan policy. As already noted, I consider that the Green Belt value of this site is much diminished from when the policies of the adopted Local Plan were written. In particular, the site has gradually fallen out of agricultural use and, therefore, Policy E2 is becoming irrelevant. The relevance of Policy E3 is also questionable as the site cannot be regarded as derelict or underused in the sense that it has not generally been subject to built development. In conclusion on this point, the release of the site from Green Belt status is sought via both drafts of the new Structure Plan and Local Plan.

8.9 It should be noted that the initial objections of Glasgow City Council and South Lanarkshire Council on Green Belt grounds has to some extent been overtaken by their support for the release of land at Newhouse from Green Belt via the new Structure Plan.

Development Considerations

8.10 Having, therefore, considered that the Green Belt status of the site can no longer be upheld, it has to be considered whether or not the proposed development is appropriate to this site. It has been claimed by the applicant that there is at present no other zoned location within North Lanarkshire which can accommodate this package of proposals. In this respect the industrial policies of the Structure Plan and recent National Planning Policy Guidelines are of most relevance.

8.1 1 Policy IND3A sets criteria for industrial development on sites not forming part of the marketable supply. Economic benefit, infrastructure implications and environment impact have already been addressed. Access to the public transport network, more particularly from the aspect of employment opportunities, is one factor yet to be addressed. This matter has been examined via the applicant’s environmental statement. Although the site is not near to a passenger railway station, there are presently some local bus services which pass in close proximity on a reasonably regular basis to the site. These connect into the adjoining urban area, It should be noted that if development proceeds then it would be relatively easy to increase the number and frequency of services in the area.

8.12 With respect to the fifth criteria of “Significant changes in the local economy”, the Enterprise Zone at Eurocentral was designated partly in recognition of these changes, most notably the collapse of the manufacturing employment base, particularly the steel industry. Whilst development of Eurocentral and, slighty further afield, Strathclyde Business Park has helped to allievate this problem, it is recognised that a range of employment opportunities has to be provided to suit all skill levels. The nature of employment with a warehouse distribution park will vary from that provided in, for example, the health related developments in Strathclyde Business Park. On this basis, the proposed development should be welcomed as supporting ongoing changes in the local economy.

8.13 The remaining criteria for policy IND3A indicates that support will also depend upon the outcome of the review of industrial land required by policy IND3. This review is confirmed via the new Structure Plan which identifies the Newhouse area as a “Strategic Industrial and 150

Business Location” and considers an extension of industrial land of 15 hectares to be acceptable, subject to a detailed local planning assessment. The assessment has been ongoing via the Southern Area Local Plan, Finalised Draft and the current application site is considered to be the most suitable and logical location. It should however be noted that the release may marginally exceed 15 hectares but given the geometry of the site this slight increase is considered to be insignificant.

8.14 At this stage it is perhaps appropriate to remind Committee that the proposed development also includes a hotel and fast food restaurant. I regard these matters as ancillary to the main purpose of the development. Certainly, I do not believe that the fast food restaurant warrants a great deal of attention as it will cater for local trade, particularly workers in the vicinity and some passing trade, possibly drive through. It will not pose a challenge to existing centres.

8.15 On the other hand, the hotel merits a little more consideration. The details submitted with the application suggest the hotel will contain 150 beds and an integral leisure complex. This can reasonably be expected to contain at least a gymnasium, possibly also a swimming pool. The applicant has indicated that it will serve clients of the other proposed businesses within the site, although I consider that this justification alone is not sufficient. If the wider area is taken into consideration, Organon, on the north side of the M8 is expanding, parts of Newhouse Industrial Estate are undergoing renewal and redevelopment (including the Terex extension), and the Eurocentral development continues to proceed apace. All these developments are liable to attract clientele and I am not convinced that in the longer term there is necessarily adequate hotel provision in the immediate area to accommodate the type of clients who would wish to be located close to their working base.

8.16 The only hotel in the immediate area is the Newhouse Hotel, which is a 40 bed travel lodge accommodation. This seems to have been a particularly successful venture and is notably busy. A hotel was granted permission in outline at the nearby Legbrannock development but there has been no reserved matters application for this. The developer’s intentions to pursue the hotel are unknown and considering the recent refusal by the Scottish Ministers of proposed housing, there is an element of doubt as to. whether or not all aspects of the original proposal will ever be developed.

8.17 On the basis that there may be an underprovision of hotel bedspace in this area, once a significant level of development has taken place in this area I consider there are reasonable grounds to support the proposed hotel. On a more aesthetic theme, the location of this hotel to the north east of the site will form a dominant feature in the landscape, particularly when viewed from the M8, and it is expected that the applicant will ensure an attractive design in view of this “gateway” location.

National Planning Policv Guidance

8.18 National Planning Policy Guidance 2 (NPPG 2) on “Business and Industry” sets out national policy for industrial and business development. Several objectives are set covering matters such as ensuring there are adequate amounts of various types of marketable land in terms of quality, size and location; giving priority to job creation and economic development; seeking sites giving weight to energy efficiency in terms of access by public transport; and support to Government policy objectives on the development of small businesses and the needs of both indigenous and inward investment companies.

8.19 NPPG 17 on “Transport and Planning” (and the associated Planning Advice Note) concentrate on the impact of land use planning on patterns of travel and sustainable development objectives with the key objective to provide sustainable development through joint consideration of transport, land use, economic development and environmental matters. Matters such as 151

promoting choice of transport modes; reducing the need to travel and fighting congestion and pollution are covered in these documents.

8.20 The above NPPGs have been applied to the proposed development and much of the analysis is contained in the above discussion of development plan policy, since development plan policy follows national planning guidance. For example, ensuring the availability of adequate development opportunities is addressed via the land supply considerations of the new Structure Plan. Environmental concerns have been considered and addressed via the Environmental Statement, which has been accepted by my department. In addition to the above, I would state that it is often very difficult to reconcile development and environmental interests. Distribution uses, in particular, generate a lot of heavy goods traffic which can have a detrimental effect on the environment due to noise and fumes. Nevertheless, they are essential for a healthy and developing economy and the aim, therefore, is to site such uses where they will cause minimal disruption and impact on the environment and amenity. Bearing this in mind, a town centre location,. for example, would not be appropriate, due to the disruption and congestion such a use would cause. The proposed location, immediately adjacent to the trunk road ne~ork,within a short distance of a rail freight connection and adjacent to several public transport routes leads me to conclude that the application site is the best location for the proposed development. I conclude that the proposal and the site may be regarded as according with the aims of NPPGs 2 and 17.

Obiections from Neighbours

8.21 Objectors comments essentially relate to the amenity they have enjoyed for many years and the disruption the proposal is likely to cause. Generally, it is correct that persons amenity should be protected but amenity is only one consideration. Situations occur when amenity has to be weighed against other equally positive factors and this is considered to be one such situation. I consider that the above narrative demonstrates why, in this instance, priority should be given to the economic benefits of the proposed development. The jobs to be created by the proposal will not simply be relocations from elsewhere. This is a new development required in response to economic growth, in particular that of e-commerce, which requires new distribution depots. Inevitably the proposal will lead to increased traffic on the road. As noted above, it is important to locate such traffic as closely as possible to the motorway to ensure congestion along other routes is minimised. The construction of new roundabouts and other carriageway improvements on the A775 should help to ensure that at least traffic will be able to enter and leave the site quickly, minimising the disruption that congestion would cause.

8.22 The character of the area will inevitably change with development, but this has to be balanced against the positive economic benefits, especially employment creation. Amenity will obviously also be affected, although a carefully designed planting and landscaping scheme will help to minimise visual intrusion. Amenity is more likely to be compromised during the construction phase but is a short term price to be paid for the benefits the proposal will bring to the wider community. An increase in litter problems is difficult to prove, although this has to be balanced against the likely reduction or elimination of fly-tipping.

8.23 Overall, I appreciate the objector’s concerns but, in this instance, conclude that the positive economic benefits offered by the proposed development outweigh these objections.

9. CONCLUSION

9.1 It is obvious from the length of the above analysis that a whole range of issues have had to be addressed in consideration of this application. As has been demonstrated in the past, not all types of development would be acceptable on the application site and its Green Belt status has assisted the predecessor Councils. .- 152

9.2 However, the two main considerations are the continued defence of the site as performing an appropriate Green Belt function and the acceptability of the proposal for this location. I consider that the Green Belt status of this.site cannot be sustained in the longer term due to developments in the vicinity and the continued deterioration in the appearance of the site. Furthermore, the nature of the development proposed requires a location close to various transport nodes but accessible by public transport. The application site provides such a location. Finally, I consider the proposal for this site to be in accord with emerging development plan policy and national planning guidance and, therefore, subject to appropriate conditions ensuring the suitability of the proposal and oontrols on the timescale of the development, I recommend that planning permission be granted.

9.3 If the Committee accept the above recommendation it will be necessary to refer the application to the Scottish Ministers in terms of the relevant Notification of Applications Direction. The Scottish Ministers will have a period of 28 days to decide whether or not to call-in the application for their determination. 153

Application No. S/99/0 1274lFUL Date registered 29'11 September 1999 APPLICANT BOC LTD, THE PRIESTLEY CENTRE, 10 PRIESTLEY ROAD, GUILDFORD, SURREY Agent DEVELOPMENT INSTALLATION OF LIQUID HYDROGEN STORAGE FACILITY LOCATION BOC GASES, CHAPELKNOWE ROAD, CARFIN

Ward No. 5 Grid Reference 277732 658308

File Reference SIPLIBI5I5 l/GL/Jh4

Site History Various applications related to the development of, and installation of plant at this site

Development Plan Established Industrial Complex within the GreenBelt on the Finalised Draft Southern Area Local Plan and the Northern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Health and Safety Executive, NLC Emergency Planning Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection from British Steel and one representation from the Diocese of Motherwell Newspaper Advertisement No Response

COMMENTS Consideration of this application has previously been continued pending consideration of an application for Hazardous Substances Consent, a report on which is also being present to this Committee. This proposal relates to the installation of a hydrogen storage facility and trailer filling system at the BOC Works, Chapelknowe Road, Carfin. British Steel and the Diocese of Motherwell made representations regarding this proposal on the grounds that the proposal may affect the redevelopment of the former Ravenscraig site and housing proposals at Carfin Grotto respectively. This application is solely for the installation of plant and machinery and not for the storage of liquid hydrogen, which is dealt with in my report on an associated application under the Hazardous Substances Regulations. However, none of the bodies consulted, including the HSE, have objected to this proposal and, on this basis I recommend that planning permission be granted. .-

..

155

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

2. That within 3 months of the plant, hereby approved, being brought into use, a noise survey related to the plant shall be carried out and submitted to the Planning Authority and shall include proposals for the amelioration of any noise, emanating from this plant, which exceeds the background noise from the existing plant on site.

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

3. That any amelioration measures identified as a result of the noise survey carried out under the terms of Condition (2) above shall be undertaken within a timescale agreed with the Planning Authority.

Reason: To protect nearby residents from additional noise intrusion.

4. That this consent relates to the installation of plant and machinery only and the facility shall not be brought into operation until the appropriate consent has been obtained under the Planning (Hazardous Substances) (Scotland) Regulations 1993 for the storage of Liquid Hydrogen in the facility.

Reason: Hazardous Substances Consent will be required to permit the operation of the facility at the proposed levels of Liquid Hydrogen Storage.

- List of Background Papers

Application forms, plans and background statement registered on 29/9/99 Letter and baseline noise study dated 18/11/99 and 21/1/00 Finalised Draft Southern Area Local Plan Ravenscraig Master Plan Final Report 1997 Letter from HSE dated 14/12/99 Memo from Chief Executive dated 14/10/99 Letter from British Steel dated 29/11/99

Any person wishing to inspect the above background papers should telephone Motherwell 302 104 and * ask for Mr Laing. 156

APPLICATION No. S/99/01274/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is currently a car park in the north west corner of the existing BOC site at Chapelknowe Road, Carfin. To the west of the site is land owned by BOC and the railway, to the north is further land within the BOC site, and Chapelknowe Road and to the east and south is the BOC works.

1.2 It is proposed to install a 60000 litre liquid hydrogen storage tank, vent stack, vapourisers assoctated plant and trailer filling bays on the site to provide a short notice distribution service for hydrogen gas, which is used within the electronics industry. The tank and much of the associated plant is being relocated from the company’s Middlesbrough branch and is some 15 to 16 metres in height with the vent stack being 20 metres high. Other storage cylinders for gaseous hydrogen will be relocated from elsewhere within the Carfin site.

1.3 It should be noted that this application relates only to the installation of plant and machinery and that to store liquid hydrogen at the facility B.O.C. will have to apply for an amendment to the Hazardous Substances Consent covering the Carfin site.

2. CONSULTATIONS

2.1 The Health and Safety Executive have offered no objections to this proposal and have further indicated that the existing consultation zone around BOC Carfin is not likely to be affected. This response only relates to the erection of the plant and does not infer that the storage of hydrogen will not affect controls and restrictions within the zone. Any changes to these controls have been assessed in consideration of an associated Hazardous Substances Consent Application. The Council’s Emergency Planning Officer has also offered no objections to the proposal.

3. OBJECTION

3.1 British Steel have lodged an objection to this proposal, on the grounds that the current Ravenscraig Master Plan proposes residential development for the area of the Ravenscraig site closest to the BOC plant, and within the consultation zone, and that this proposal would be a potential risk to the redevelopment. The Diocese of Motherwell have expressed similar fears relating to the housing proposals at Carfin Grotto.

3.2 These representations raise valid concerns regarding the redevelopment of the former Ravenscraig site and Carfin Grotto, however, these concerns relate to the storage of liquid hydrogen, which are dealt with in the associated report on the application for Hazardous Substances Consent. The current planning application relates to the installation of the tank and associated plant and machinery, to which there is no objection from HSE.

4. CONSIDERATIONS AND CONCLUSIONS .

4.1 There are no land use implications raised by this proposal and none of the authorities consulted during the consideration of the proposal have raised objections. In addition, although the vent stack operates in a slow, controlled manner, BOC have offered to cany out noise assessment once the plant is operating to ensure that, as they assert, any noise emanating 157

from this plant will be imperceptible against the background noise of the existing operations on the site:

4.2 The concerns of the objectors are understandable but on the basis of all of my consultations I am of the opinion that there are no grounds on which this proposal, which relates to physical works only, could be reasonably refused. I recommend, therefore, that permission be granted. 158

Application No. S/OO/OO 105/OUT Date registered . 22 February 2000 APPLICANT HALLAM LAND MANAGEMENT LTD, GLASGOW ROAD, GARROWHILL, GLASGOW, G69 6EY Agent DEVELOPMENT RESIDENTIAL DEVELOPMENT IN OUTLINE LOCATION WESTER WINDYEDGE FARM, CLELAND

Ward No. 19 Grid Reference 280084658881

File Reference S/PL/B/4/2 1(3 I)/GL/JF

Site History . Application 176/78 refused for residential development Application 366/80 refused for residential development Application 346/94 (outline) granted for residential development

Development Plan Greenbelt on the Central Industrial Area Part Development Plan Residential on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection The Coal Authority, West of Scotland Water Conditions SEPA, NLC Community Services No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response,

COMMENTS This outline proposal is intended to secure planning permission for residential development for a site adjacent to Wester Windyedge Farm, Cleland, at the junction of Biggar Road and Windyedge Road. Part of the site, which is zoned for residential development in the Finalised Draft of the Southern Area Local Plan, previously had consent for the development of twelve house plots. There are no objections to this proposal and, subject to suitable conditions, it is my recommendation that permission be granted. It should be noted that, as this site lies within the Green belt in the Central Industrial Area Part Development Plan, if thisapplication will require to be referred to the Scottish Ministers, Committee is minded to grant permission. Full details of my considerations are contained in the attached report.

RECOMMENDATION

Grant, subject to the following conditions viz:- ._ .

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1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) details for management and maintenance of the areas identified in (d) and (e) above; (h) the design and location of all boundary walls and fences; (i) the provision of drainage works; (j) details of existing and proposed site levels.

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

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

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

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

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

4. That the only vehicular or pedestrian access to the application site shall be from Biggar Road at the midway point between Knowenoble Street and Windyedge Road.

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

5. That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SISG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.

Reason: To ensure the mineral stability of the proposed site in the interests of prospective occupiers (Note: A copy of the required Certificate is available from the Divisional Office).

6. That notwithstanding the requirements of condition (1) above the design of drainage works should comply with the Scottish Environmental Protection Agency's policy with respect to the utilisation of Sustainable Urban Drainage Systems.

Reason: To ensure the use of best practice in the design of the drainage system. ._ 161

7. That notwithstanding the details required in condition (1) above a report shall be submitted detailing any relationship between the hydrology of the application site and that of the nearby Windyedge Wetland Site of Interest for Nature Conservation.

Reason: In the interests of nature conservation.

8. That notwithstanding the details required in condition (1) above a visibility splay of9 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before any of the dwellinghouses hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit.

9. That notwithstanding the details required in condition (1) above before the development hereby permitted is completed, a 2 metre wide footway shall be constructed along the full frontage of the site, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of pedestrian safety.

NOTE TO COMMITTEE

1. If granted, this application will require to be referred to the Scottish Ministers for Scotland in accordance with the Town and Country Planning (Notification of Applications) (Sotland) Direction 1997. .

List of Background Papers

Application form and plans submitted on 22/2/00 Central Industrial Area Part Development Plan Finalised Draft Southern Area Local Plan Letter from The Coal Authority dated 7/3/00 Letter from West of Scotland Water dated 10/3/00 Letter from SEPA dated 30/3/00 Memo from Director of Community Services dated 27/3/00

Any person wishing to inspect the above background papers should telephone Motherwell 302104 and ask for Mr Laing. 162

APPLICATION No. S/00/00105/OUT

REPORT

1. SITE AND PROPOSAL

1.1 The application seeks permission for residential development of an area of ground at Wester Windyedge Farm at the junction of Biggar Road and Windyedge Road, Cleland.

1.2 The site extends to 1.9 hectares and is located to the north and east of the existing housing at the edge of the village. The site is currently in agricultural use as part of Wester Windyedge Farm which is located to the south of the site. To the east of the site is Windyedge Cottage and to the north, across Windyedge Road, is agricultural land and a Wetland Site of Interest for Nature Conservation (SINC). The site is zoned in the Green Belt in the Central Industrial Area Part Development Plan, which is the adopted development plan covering this area, but is identified for residential development in the Finalised Draft Southern Area Local Plan.

2. CONSULTATIONS

2.1 The Coal Authority and West of Scotland Water have offered no objections to the proposal and NLC Community Services have no objection subject to the further investigation of any drainage links between the application site and the nearby SINC.

2.2 SEPA have indicated that the disposal of surface water from the site will require to comply with the Agency’s policy with respect to the utilisation of Sustainable Urban Drainage Systems.

3. CONCLUSIONS AND RECOMMENDATIONS

3.1 This proposal incorporates an area previously granted planning permission for residential development and comprises a site considered by the former Motherwell District Council to be an acceptable “rounding off’ of this part of Cleland as there are no obvious physical features such as a watercourse, belt of trees or railway line marking the current urban edge and Windyedge Road would form a suitable boundary in this respect. As such this proposal complies with the intended zoning in the new Local Plan and as there have been no objections from any of the consultees it is my recommendation that permission be granted. 163

Application No. Sl00/00232/OUT Date registered 8 March 2000 APPLICANT MANORMOUNT LTD., C/O SMITH DESIGN ASSOCIATES Agent Smith Design Associates, 16 Lynedoch Crescent, Glasgow G3 6EQ DEVELOPMENT MOTOR VEHICLE SALES AND MAINTENANCE TRADE COUNTER USES (CLASSES 5/6) WITH ANCILLARY RETAILING LOCATION LAND WEST OF THE CALEDONIAN CENTRE, GLASGOW ROAD, WSI-IAW

Ward No. 6 Grid Reference 277739 655327

File Reference

Site History No relevant history

Development Plan Southern Area Local Plan Finalised Draft - Zoned for Industrial Purposes

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection British Gas Transco, West of Scotland Water Conditions Coal Authority, Scottish Power, Community Services No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This is an outline application for light industrialltrade centre uses on a vacant site to the west of the Caledonian Centre, Glasgow Road, Wishaw.

In planning land use terms the proposed uses are suitable for the site as these types of uses predominate in the vicinity. However whilst there is an existing site access onto Glasgow Road, it is unsuitable for this development accordingly, access would require to be taken from the Caledonian Centre andor Excelsior Street. Segregation of customer and service access, where necessary, can be controlled by appropriate planning conditions. I have discussed this with the applicant who has agreed to proceed on the basis of the attached planning conditions.

165

RECOMMENDATION Grant, subject to the following conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision for loading and unloading of all goods vehicles; (g) details of existing trees, shrubs and hedgerows to be retained; (h) details of the closure of the existing site access and boundary treatment marked A-A on the approved plans.

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

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

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

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

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

4. That the permission hereby granted shall relate to the use of the site solely for uses included within Classes 5 and 6 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To define the use of the land.

5 That, notwithstanding condition no. l(b) above, no site access shall be taken from the existing gates and ramp to the east of no. 457 Glasgow Road.

Reason: To restrict vehicular access onto a busy 'A' class road. c 6. That further to condition l(b) above site access shall be taken from the Caledonian Centre and/or from Excelsior Street. In the event that access is taken from the Caledonian Centre then 166

(i) service access shall be taken from the existing service access via New Ashtree Street, and . (ii) customer access shall be taken 'from the existing car park.

In the event that access is taken from Excelsior Street then

(i) Excelsior Street, south of the junction with Kimberley Street, will require to be reconstructed to adoptable standard with appropriate turning facility, and (ii) a footway will require to be constructed along the eastern length of Excelsior Street.

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

7. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

List of Background Papers

Application form and plans dated 8.3 .OO Letters dated 7 March, 14 April and 12 June 2000 from Agents Southern Area Local Plan Finalised Draft Letter dated 23 March 2000 from British Gas Transco Letter dated 24 March 2000 from Scottish Power Letter dated 4 April 2000 from West of Scotland Water Memo dated 14 April 2000 from Head of Sport, Parks and Transport

Any person wishing to inspect the above background papers should telephone Motherwell 302093 and ask for Alistair Maclean. 167

Application No. s/oo/oo337/Hsc Date registered 3 April 2000 APPLICANT BOC LTD., THE PRIESTLEY CENTRE, THE SURREY RESEARCH PARK, GUILDFORD, SURREY GU2 7XU Agent DEVELOPMENT STORAGE OF LIQUID AND GASEOUS HYDROGEN LOCATION BOC LTD., CHAPELKNOWE ROAD, CARFIN

Ward No. 5 Grid Reference 277732 658308

File Reference S/PL/B/5/51(54)/GL/AB

Site History Various applications related to the development of, and installation of plant at this site.

Development Plan Established Industrial Complex within the Green Belt on the Finalised Draft Southern Area Local Plan and Northern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection SEPA, The Coal Authority, Transco, Strathclyde Police, HSE, NLC Emergency Planning Conditions No Reply Scottish Natural Heritage, Strathclyde Fire Brigade, Scottish Power, Newarthill Community Council

REPRESENTATIONS

Neighbours Two letters of objection Newspaper Advertisement No Response

COMMENTS This application relates to the storage of liquid and gaseous hydrogen at the BOC Works at Chapelknowe Road, Carfin. A report on an associated Planning Application for the installation of plant and machinery, to form the storage facility, is also being placed before the Committee. The concerns of the objectors relate to the proximity of the proposed facility to their development sites. The potential risks have been assessed by the Health and Safety Executive who can identify no grounds for refusing Hazardous Substances Consent. It is, therefore, my recommendation that permission be granted.

RECOMMENDATION Grant, subject to the following conditions:-

..-

169

1. That the Hazardous Substances approved for storage under the terms of this consent shall be kept or used in accordance with the application particulars provided in Form 1, submitted as part of this application, and shall not be kept or used outside the area(s) marked for storage of the substances, on the plans hereby approved.

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

List of Background Papers

Application form, plans and risR assessment registered on 3/4/00 Letter from applicant dated 1/6/00 Finalised Draft Southern Area Local Plan Northern Area Local Plan Letter from SEPA dated 14/4/00 Letter from The Coal Authority dated 11/4/00 Letter from British Gas Transco dated 10/4/00 Letter from Health and Safety Executive dated 18/7/00 Letters from Strathclyde Police dated 28/4/00 & 14/7/00 Memo from NLC Emergency Planning dated 18/4/00 Letter from Robert Turley Associates dated 20/4/00 Letter from DTA Chartered Architects dated 18/4/00

Any person wishing to inspect the above background papers should telephone Motherwell 302 104 and ask for h4r Laing.

._ 170

APPLICATION NO. S/OO/OO337/HSC

REPORT

1. SITE AND PROPOSAL

I. 1 The application site is currently a car park in the north west corner of the existing BOC site at Chapelknowe Road, Carfin. To the west of the site is land owned by BOC and the railway, to the north is further land within the BOC site, and Chapeknowe Road and to the east and south is the BOC works.

1.2 It is proposed to store hydrogen in a tank and associated plant, which is the subject of another application to be considered by this Committee. BOC are contracted to supply gaseous hydrogen, by lorry, to Roche Products Limited, Dalry and require, under the terms of the contract, to provide a liquid hydrogen storage facility at Carfin. The plant at Carfin already uses gaseous hydrogen in its Argon Purification Unit and will utilise any boil off from the new storage facility for that purpose.

2. CONSULTATIONS

2.1 There are a number of statutory consultees who must be consulted, in accordance with the Hazardous Substances Regulations and those who have been able to reply, namely SEPA, The Coal Authority, British Gas Transco, NLC Emergency Planning and Strathclyde Police, have offered no objections.

2.2 The Health and Safety Executive was also consulted and, in such circumstances, the HSE’s Methodology and Standards Development Unit provides advice on the safety implications of storing such material. This involves complex modelling and risk assessment before a recommendation is made, and included in its calculations proposed developments such as those at Ravenscraig .

2.3 HSE has advised that, based on the information available, the risks to the surrounding population are so small that there are no significant reasons, on safety grounds, for refusing Hazardous Substances Consent.

3. OBJECTIONS

3.1 Representatives of the lopers Wilson Bowden, who have been appointed to progress the regeneration of Ravens ig,raised concerns over the potential effects of storing hydrogen in such close proximity to their site. Similar concerns were expressed by the representatives of the developers of the housing site at Carfin Grotto.

3.2 The Health and Safety Executive was furnished with plans of the proposed redevelopment at Ravenscraig (extracted from the existing Ravenscraig Masterplan Final Report, October 1997) and Dalziel Park, both of which illustrate development closer to BOC than the Cdin Grotto proposed housing, which recently received planning permission. On the basis of the HSE advice, it would appear that neither of the developments should be adversely affected by the BOC proposal.

a. 171

4. CONSIDERATIONS AND RECOMMENDATIONS

4.1 Matters relating to the construction of the storage facility are addressed in my report on Planning Application S/99/01274RUL which is also before the Committee. The primary consideration in relation to this application for Hazardous Substances Consent is one of safety and the effect the storage of Hydrogen would have on neighbouring properties and developers.

4.2 It is clear, from the responses to my consultations, particularly that from the HSE, that any risks as a result of this additional development at a site where other hazardous substances are already stored is considered to be small enough that there have been no objections from the consultees. In light of this it is my recommendation that Hazardous Substances Consent be granted. 172

Application No. S/00/00432/AMD Date registered 13 April 2000 APPLICANT MR K. GRAHAM, 178 MAIN STREET, SHOTTS Agent W. D.Blair, Staff Cottage, 6 Fauldhouse Road, Longridge, West Lothian, EH47 8HQ DEVELOPMENT ERECTION OF DWELLINGHOUSE LOCATION GARDEN GROUND, 178 MAIN STREET, SHOTTS

Ward No. 17 Grid Reference 288177 659239

File Reference S/PL/B/17/56( 109)/GL/JF

Site History . Permission for two dwellinghouses refused in 1992 Permission granted in 1999 for erection of dwellinghouse

Development Plan Mixed Use on Adopted Shotts Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection West of Scotland Water Conditions No Reply SEPA

REPRESENTATIONS

Neighbours Two letters of Representation Newspaper Advertisement Not Required

COMMENTS The applicant is seeking permission to change the house type on a plot which gained planning permission in 1999. Objections to the previous proposal have been repeated but, having considered all the relevant matters, in the attached report, and as the principle of development has already been agreed, it is my recommendation that permission be granted for this proposal.

RECOMMENDATION

Grant, subject to the following conditions, viz;

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997...... I 229.2

i 174

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

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

3. That before the development hereby permitted is completed, all the fences, or walls, as approved under the terms of condition (2) above, shall be erected.

Reason: To safeguard the privacy of the adjacent properties and future residents.

4. 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, including any modifications as may be required.

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

5. That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and ' thereafter be maintained as parking spaces.

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

6. That before the dwellinghouse hereby permitted is occupied a turning facility shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

7. That notwithstanding the details shown on the plans hereby approved construction of the dwellinghouse shall not commence until finalised drainage details have been submitted to and approved by the Planning Authority.

Reason: To ensure the provision of adequate drainage facilities from the site.

8. That a cattle grid and stock proof gate shall be installed at the site access and within the application site.

Reason: To prevent farm animals from entering the site and in the interests of animal and public safety.

List of Background Papers

Application form and plans registered on 13/4/00 Letter and amended details dated 5/6/00 175

Shotts Local Plan Letter from West of Scotland Water dated 12/5/00 Letter from Mr Forsyth South Stane Farm dated 22/4/00 Letter tkom Scottish Coal dated 12/5/00

Any person wishing to inspect the above background papers should telephone Motherwell 302 104 and ask for Mr Laing. 176

APPLICATION No. S/00/00432/AMD

REPORT

1. SITE AND PROPOSAL

1.1 The application site is an area of garden ground at a property addressed as 178 Main Street, Shotts, but which is actually accessed from a stretch of private road which runs off Main Street, adjacent to Stane Farm. To the south and west of the site are open fields, to the northeast is Stane Farm and to the east are the private access and a corrugated metal garage.

1.2 The applicants propose to replace the approved house type and erect a bungalow with attic bedrooms in the southeast corner of the large plot currently occupied by a single house in the north west corner. The proposed dwelling would be accessed from the existing private road and would have separate parking and garden ground. The design of the house has been altered and is actually more suited to the area, with a more conventional roof design with a gabled projecting room integral on the front elevation thereby breaking up the faGade and giving the appearance of a better proportioned design.

2. BACKGROUND

2.1 The site has a history of commercial uses as coal merchant and a joiners yard, but has been used as a residence since the mid 1980s, when the applicant purchased the property and renovated the remaining dwellinghouses on the site.

2.2 An application for the erection of two dwellinghouses made in 1992 was refused, as the proposed development was likely to result in conflict with the operations of the adjacent farm and as such may reduce the amenity of future residents.

2.3 In 1994 an application to use an outbuilding at the site as a small commercial kitchen was approved subject to strict conditions relating to its operation.

2.4 In 1999 permission was granted for the erection of a dwellinghouse on the application site. The approved design is an L-shaped bungalow with numerous rooflights giving light to upstairs bedrooms.

3. CONSULTATIONS

3.1 There have been no objections to this proposal from any of the statutory consultees.

4. REPRESENTATIONS

4.1 Representations have been received regarding this proposal form the neighbouring tenant farmer and Scottish Coal, who own the fm. The farmer has objected on broadly similar grounds to those he maintained at the time of the granting of planning permission in 1999 (Planning Permission No S/96/00598/FUL) and the grounds can be summarised as follows.

(1) The access to the proposed site would be from the main farm road, which is in constant use by farm vehicles, delivery vehicles and is used to move cattle from one part of the farm to another. Access is difficult at the moment and another house will exacerbate the problem.

(2) There are serious safety implications posed by two conflicting uses in such close proximity. 177

(3) The proposed use of an existing septic tank is unacceptable as the tank is posing problems for the farmer through leaks, and as it is on land owned and not tenanted by him he will grant no further servitudes for sewage disposal.

My comments on them are as follows:

It is clear that there is the potential for conflict between the existing farm and a residential property however, this access is already in use by traffic, serving both premises and it is doubtful whether the additional traffic, created by a further dwellinghouse, would substantially increase the chances of both types of uses coming into conflic’, whilst using the access.

It is clear that the two uses should be separated, if possible, to reduce the possibility of animals entering the residential property and children straying into the working area of the farm. The easiest way to achieve this would be through the use of cattle grids and gates at the entrance to the dwellinghouses. It must also be noted that any future resident is likely to be well aware that they are moving to an area adjacent to a working farm and, as such, would be well aware of the potential problems, outlined by the objector, and should expect to be affected by the movement of vehicles and animals and the noise and odours, associated with a working farm. The applicant also disputes that the access is used as intensively as is suggested in the objection.

The applicant has subsequently confirmed that all foul drainage will be taken to the public sewerage system and not a septic tank, as erronously indicated in his original submission.

4.2 Scottish Coal have indicated that they believe that they own the road over which the applicant intends to access his site and under which he intends to run his drains. This claim is in competition with the applicant’s registered non domino title, which was registered prior to the granting of his existing consent.

4.3 The question of the ownership of the access to the site and farm has been an issue for a number of years and could take a further period to resolve, given that a new claim on the land has now been made. Despite this, I have had no indication that if Scottish Coal were to succeed in their claim they would refuse access to the applicant, but rather that they would seek to discuss his requirements.

5. CONCLUSIONS AND RECOMMENDATION

5.1 In considering the merits of this particular proposal it must be borne in mind that the application is for an amended house type, on a plot which already has permission for a dwellinghouse and, in relation to which similar objections were raised.

5.2 The farmers’ objections are valid concerns, and although disputed by the applicant must be considered. On balance I am of the opinion that one additional dwellinghouse is unlikely to have a seriously detrimental effect on the operation of the farm and that future residents should be well aware of the amenity implications of living next to a farm.

5.3 The issue of ownership of the access and the competing claims is a complex issue which could ultimately require lengthy legal argument to resolve. However, it is possible that the applicant will get access to his site even if it is ultimately accepted that he does not awn the access. As 178

such it would be unreasonable to refuse permission on the grounds of access problem at some future date. .

5.4 As the principle of development has previously been accepted and the existing planning permission is live for the next four years, it would be unreasonable to refuse an appropriate alternative house type. As has already been stated, the proposed house type is more suited to the area and is better proportioned than the approved, house type. Having considered this and all other material matters it is my recommendation that permission be granted. 179

Application No. s/oo/o0443 IFUL Date registered 20 April 2000 APPLICANT SUREWAY CONSTRUCTION LTD, UNTHANK ROAD, MOSSEND BELLSHILL Agent Alastair MacFarlane, 84 Buchanan Drive, Glasgow, G72 8BA DEVELOPMENT CONSTRUCTION OF RETAIL UNITS LOCATION UNTHANK ROAD, MOSSEND

Ward No. 28 Grid Reference 274 190 66037 1

File Reference S/PL/B/7/47(196)lDAlJF

Site History No significant site history

Development Plan Bellshill & Mossend Local Plan - Policy I1 (Area Where New Industrial Development will be Concentrated) Southern Area Local Plan, Finalised Draft - Policy RTL 6 (Village, Neighbourhood and Secondary Commercial Area and Policy IND8 (Established Industrial and Business Area)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning permission to construct two blocks of speculative build retail units containing a total of 10 shop units and representing approximately 750 square metres of new retail floorspace. The existing two office units would be demolished and some advertisement hoardings on Main Street Mossend would be removed. The proposals also include required car parking, servicing arrangements and soft landscaping. The units are single storey and may be adjusted internally to reflect market demand. This application was encouraged by the Mossend Development Study, reported to Committee on 10* May 2000, and is key to the regeneration of Mossend. Approval and successful implementation of the proposal will allow for the redevelopment of the site presently occupied by the Mossend Shopping Centre. Accordingly, it is recommended that planning permission be granted.

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RECOMMENDATION

Grant, subject to the following conditions;-

1. That the development hereby permitted shall be started within five years of the date of this permission t Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

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

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

3. That before the first of the shop units hereby permitted is brought into use, all fences and walls approved in terms of condition 2 above, shall be erected.

Reason: In the interests of visual amenity.

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

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

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (b) details of the phasing of these works.

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

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

Reason: To ensure the provision of the landscaping scheme approved in terms of condition 5 above. 182

7. That the permission hereby granted shall relate to the use of the shop units solely for a use included within Class 1 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: The approved layout is designed solely for Class 1 Use. Any other uses will require individual assessment in relation to adjacent land uses and parking provision.

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

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

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

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

10. That visibility splays shall be provided as follows: -

9 metres by 120 metres at the Junction of Unthank Road onto Main Street; 4.5 metres by 60 metres at the Junction of Johnstone Street onto Unthank Road; 2.5 metres by 60 metres at the access point onto Unthank Road. Everything exceeding 1.05 metres in height above the road channel level shall be removed from these sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of pedestrian and vehicular safety.

11. That prior to the first of the shop units hereby permitted being brought into use, the sections of footway to be opened up and closed, as a result of the proposed development, shall be edged and surfaced to final wearing course, to the satisfaction of the Planning Authority.

Reason: In the interests of pedestrian safety.

.L

List of Background Papers

Application form and plans dated 20/4/00 Motherwell District Council, Bellshill & Mossend Local Plan North Lanarkshire Council, Southern Area Local Plan, Finalised Draft

Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. .- 183

Application No. s100/0045 ORUL Date registered 25 April 2000 APPLICANT STRATHCLYDE POLICE Agent Property Services Manager, Strathclyde Police, 173 Pitt Street, Glasgow G2 4JS DEVELOPMENT CONSTRUCTION OF COMMAND AND CONTROL CENTRE LOCATION DIVISIONAL HEADQUARTERS, 21 7 WINDMILLHILL STREET, MOTHERWELL

Ward No. 12 Grid Reference 275856 656284

File Reference S/PL/BI12/27( 146)IWLSIAB

Site History Police Station built in mid 1970’s

Development Plan Established Community Facilities

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Coal Authority Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application seeks consent for the construction of a two-storey building to be used as a command and control centre to the rear of Motherwell Police office. The building, which will be finished in facing brick and metal cladding, will be positioned with its gable elevation close to the footpath between Windmillhill Street and Orbiston Street.

Although the building will take up part of the Police Station’s car park, additional parking spaces can be provided because other uses currently there, such as a storage compound and fuel pumps, are being removed.

The command centre’s proposed location means that it will not be too 4 prominent a feature, and the provision of additional parking spaces should ensure that the existing situation is not worsened. It is therefore recommended that permission be granted.

RECOMMENDATION Grant, subject to the following conditions:-

185

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

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

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

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

3. That before the development hereby permitted is brought into use, all the fences, or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: To ensure the satisfactory implementation of the fencing proposals.

4. 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, including any modifications as may be required.

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

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

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

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

Reason: To ensure the satisfactory implementation of the landscaping scheme.

7. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, 186

surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

List of Background Papers

Application form and plans Southern Area Local Plan Finalised Draft Letter dated 10 May 2000 from The Coal Authority Memo dated 9 May 2000 from Area Manager Protective Services Memo dated 18 May 2000 from Environmental Control Manager Memo dated 23 May 2000 from Transportation Team Manager

Any person wishing to inspect the above background papers should telephone Mothemell302088 and ask for Les Stevenson. 187

Application No. S/OO/O 04 72/ADV Date registered 26* April 2000 APPLICANT APPLE OUTDOOR, 85 KIRKTON STREET, CARLUKE, ML8 4AI Agent DEVELOPMENT DISPLAY OF 3 X 96 SHEET ADVERT HOARDINGS WITH ANCILLARY FENCING AND LANDSCAPING LOCATION NEWHOUSE NURSERY, HIGH STREET, NEWHOUSE, MOTHERWELL

Ward No. 27 Grid Reference 279465 660914

File Reference S/PL/B/5/87/CLK/JF

Site History The site is the long standing home to a horticultural business specialising in the preparation and sale of soils.

Development Plan 1. Northern Area Local Plan - Greenbelt 2. Draft Southern Area Local Plan - Greenbelt Contrary to Development Plan No

CONSULTATIONS

Objection NLC Community Services No Objection Conditions No Reply

REPRESENTATIONS

Neighbours Not applicable Newspaper Advertisement The adjacent local member for the area, Councillor James Martin, has advised me of his support for this proposal.

COMMENTS The site comprises a horticultural business specialising in the mixing and preparation of soil materials for sale to landscaping contractors and the public. It is sited in a rural area on the main road between Newarthill and Newhouse.

This is an application for advertisement consent for the display of three ‘96 sheet’ hoardings with ancillary screen fencing and planting.

Although the proposal would allow for the screening of some of the site (which has the potential to be rather unsightly), on balance, I believe that the three large hoardings would in themselves create their own visual discord, which would be out of harmony with the rural character and visual amenity of the area.

Normally, refusals of advertisement hoardings can be dealt with under delegated procedures. In this instance, the adjoining local member for the

189

area, Councillor James Martin, has indicated his support for the proposal and has requested that the matter be considered by committee.

I recommend that consent be refused for the reason given below. Further details can be found within the attached report.

RECOMMENDATION

Refuse, on the grounds that the proposed hoardings and ancillary screen fencing, by virtue of their size, scale and appearance, and their prominent location a main road, would constitute a strident and discordant feature within the Green Belt, to the detriment of the visual character and amenity of the wider area and as such is contrary to the terms of Policies ENV17 and ENV8 of the Draft Southern Area Local Plan and Policy El of the Adopted Northern Area Local Plan.

List of Background Papers

Application form and accompanying plans and letter of support Southern Area Local Plan (Finalised Draft) Northern Area Local Plan Memorandum from Director of Community Services received 26 July 2000

Any person wishing to inspect the above background papers should telephone Motherwell 302 102 and ask for Mr Kellock. 190

APPLICATION No. S/00/00472/ADV

REPORT

1. DESCRIPTION OF SITE

1.1 “Newhouse Nursery” is a horticultural business which is sited on the B7066, the main road between Newarthill and Newhouse.

1.2 The site is surrounded by, a bungalow to the north (in separate ownership from the application site), rough grazing to the east and south, and agricultural land to the west (on the opposite side of the road).

1.3 The site is bounded mostly by mesh fencing and also by some mature hawthorn hedging alongside the roadside boundary, particularly at the south-west corner of the site.

1.4 The premises have in effect an established use for the preparation and sale of soil materials which are sold to contractors and the public for landscaping works. There are no planning controls in respect of the premises while it continues in this general use. Materials brought into the site for processing include wood and grass cuttings and used mushroom compost which are then mixed with imported soils. There is no doubt that the site can at times be unsightly, particularly the used mushroom compost which is delivered in large quantities in black plastic bags. This is most noticeable at the yard area at the north west corner of the site, adjoining the site access where there is least screening from the public road.

2. DESCRIPTION OF PROPOSAL

2.1 It is proposed to display 3 no. ‘96 sheet’ advertisement hoardings with ancillary fencing and planting. The hoardings, including two signs in a ‘V’ formulation, would be sited at the south- west corner of the site adjoining the road. The proposals also allow for screen fencing alongside the roadside elevation, landscaping between the signdfencing and the footway, and some tree planting alongside other boundaries of the site.

2.2 Each 96 sheet hoarding (including the base of the structure) measures approximately 12.7 m long x 4.8 m high (41 ’8” x 15 ‘9”). The screen fencing would range from approximately 4.5 m in height (at the south-west corner of the site) to around 2.5 m high at the north west corner (adjoining the site entrance and yard area). The proposals would necessitate the removal of most or all of the hawthorn hedge.

2.3 In a letter of support of the proposals, the applicant has stated that the hoardings (along with the ancillary fencing and planting) will help to screen the site from the roadway and will furnish sufficient funds for the implementation and on-going maintenance of the scheme.

3. CONSULTATIONS AND REPRESENTATIONS

3.1 The Director of Community Services considers that the height and style of the fencing and hoardings is of an imposing scale which would not be in keeping with the surrounding environment, and that the replacement landscaping measures are not satisfactory.

3.2 Councillor James Martin has stated that he supports this proposal and has asked that the matter be considered by Committee. .- 191

4. DEVELOPMENT PLAN

4.1 The site is contained within the boundaries of the Northern Area Local Plan (1986) and the Southern Area Local Plan (Finalised Draft 1998).

4.2 Policy ENV 17 of the draft plan states that in considering proposals for advertisement hoardings, the Council will examine the following issues:-

1. The affect on the visual amenity of the area.

2. The affect on public safety, and the proliferation of hoardings in the area.

4.2 The site is zoned as Green Belt in the adopted plan, and policy Elstates that “only development which is clearly required in connection with agriculture, forestry, outdoor sports and open space uses will be allowed.”. This policy is intended to protect the rural area from sporadic urban development.

4.3 The site is also zoned as Green Belt in the finalised draft local plan; and policy EN6 6 states that, “the Council will safeguard the character and function of the Green Belt”, and “there will be a presumption against development other than that directly associated with and required for agriculture, forestry, outdoor leisure and recreation or other appropriate rural uses.”

5. PLANNING ASSESSMENT

5.1 In assessing this proposal, the key considerations (as outlined in draft local plan policy ENV17), are its impact on the visual amenity of the area (taking into account any benefits through the screening of the site) and its affect on highway safety.

5.2 The most unsightly view of the site from the road is considered to be into the area around the site access and yard area. This area will benefit from the 2.5 metre high screen fencing alongside the footway, but there would still be open views of the yard through the access, and the stockpiles of soils and mushroom compost would often be visible over the fencing.

5.3 The most significant screening effect would be afforded by the hoardings and fencing (up to 5.8 m in height) at the south-west corner of the site. However, this is the area which is least in need of screening. This part of the site is most often used for storing earth and wood cuttings, which is normally well screened by the mature hawthorn hedging which ironically will be removed or obscured by the proposals.

5.4 In assessing the degree to which the proposals will screen the site, there is no doubt that it will screen some (but not all) of the unsightly aspects of the site.

5.5 In terms of its impact on the appearance and character of the area, the most noticeable features of the proposals are its scale, its uniqueness in the area and its prominence. At over 5 metres at its highest point, the hoardings and fencing are out of scale with boundary treatments commonly found in a rural environment. Also, advertisement hoardings are not a feature commonly found within rural areas and they could therefore be described as an alien feature in the environment. Finally, being sited on a busy main road, the proposals are on a very prominent position, and one which can be seen from several hundred metres away on the road heading north.

5.6 In assessing the visual impact of the proposal, I would conclude that they would make a significant and negative impact on the appearance and character of the wider area. 192

5.7 Weighing up the merits of the proposal in terms of its impact on the visual amenity of the area, I conclude that the positive impacts are by far outweighed by the negative impacts. As such, the proposals are considered to be contrary to adopted and draft local plan policies relevant to this matter. It is likely that any necessary screening of the site could be achieved by the current operator through some changes to its management along with some landscaping and screen fencing, and without the need for structures of such height and prominance.

5.8 A final consideration is the impact on highway safety. Whilst the signage would be sited in a prominent position on busy main road, I do not believe that it would act as a distraction to drivers enough to merit withholding consent. Also, the fencing and hoardings should not impinge on the visibility splays of the access to the site.

6. CONCLUSIONS

6.1 Whilst the proposed hoardings with ancillary fencing will screen some unsightly parts of this site, this is outweighed by the fact that they would in themselves seriously detract from the visual amenity and character of the area, and as such, advertisement consent should be refused. 193

Application No. S/00/0049 1FUL Date registered 3 May 2000 APPLICANT CALDER HOMES LTD, 20 CLYDESDALE ROAD, MOSSEND, ML4 2QB Agent Russell Paterson Associates, 27 Bothwell Road, Hamilton, ML3 OAS DEVELOPMENT RESIDENTIAL DEVELOPMENT LOCATION LAND NORTH EAST OF CHSJRCHVIEW GARDENS, BELLSHILL

Ward No. 24 Grid Reference 271357 660363

File Reference S/PL/B/7/23(77)/SP/JF

Site History

Development Plan Bellshill and Mossend Local Plan 1985 - Bellshill Commerical Centre Southern Area Local Plan Finalised Draft 1998 - Housing

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection The Coal Authority; West of Scotland Water Conditions No Reply SEPA

REPRESENTATIONS

Neighbours 5 Newspaper Advertisement Not Required

COMMENTS This application is for the construction of 12 terraced houses and 26 flats on a 0.75 ha (1.86 acres) site accessed off Churchview Gardens, Bellshill. The proposal will provide 37 mainstream dwellings and one flat for wheelchair users all of which will be managed and made available for rent by the Lanarkshire Housing Association. The site is within the Town Centre and as a result there is a close relationship between some of the flats and a neighbouring petrol filling station. While this is less than ideal, the proposal represents a significant investment in the provision of rented accommodation on a brownfield site within the Bellshill Town Centre Area and should be welcomed. On balance, it is recommended that permission be granted subject to conditions.

RECOMMENDATION

Grant, subject to the following conditions;

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

195

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

2. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

3. That a detailed drawing showing the bin store location and boundary enclosure shall be submitted to.and approved in writing, including any modifications as may be required by the Planning Authority, prior to the start of these works.

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

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

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

5. Notwithstanding the terms of condition (4) above full details of a 2 metre high wall or solid fence shall be provided along the boundaries marked in GREEN on the approved plan shall be submitted to and approved by the Planning Authority, including any modification as may be required.

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

6. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of conditions (4) and (5) above, shall be erected.

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

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

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

8. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- 196

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.

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

9. That notwithstanding the details required by condition (7) above, a detailed scheme of mature tree planting adjacent to the boundary marked in BLUE shall be submitted to and approved by, the Planning Authority.

Reason: In the interests of amenity and to ensure the privacy of future residents.

10. That before development starts details of the surface finishes to parking bays and parking courts shall be submitted to, and approved by, the Planning Authority.

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

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

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

12. That before development starts, full details of a road traffic noise survey including details of any mitigation measures which may be required including the use of triple glazing, shall be submitted to; and approved in writing, by the Planning Authority including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in the interests of the amenity of future residents.

13. That before development starts, a revised site layout drawing incorporating the following in accordance with current roads guidelines:; (a) realignment of the existing access. (b) a speed table at the junction into the site. (c) a speed bend within the site. (d) a central island within the turning circle. (e) footway connections into the site from the existing footway at Church View Gardens. (f) splays on the visitor parking bays. shall be submitted to, and approved in writing by the Planning Authority including any modifications as may be required.

Reason: In the interests of pedestrian and vehicular safety.

14. That the advertisement hoarding currently located on the site boundaries shall be removed prior to the completion of the development. 197

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

List of Background Papers

Application form and plans dated 20/4/00 Letters from Russell Paterson Associates dated 20/4/00, 16/6/00 Letter from Lanarkshire Housing Association dated 3/5/00 Memos from Transportation Team Manager dated 10/5/00 & 30/6/00 Letter from The Coal Authority dated 10/5/00 Letter from West of Scotland Water dated 15/5/00 Memo from Environmental Control Manager dated 13/6/00 Memos from Head of Legal Services dated 23/6/00 & 20/7/00 Letters from SCI Funerals Ltd dated 3/5/00, 19/5/00 & 7/7/00 Letter from Anne Guy, 3 1 Church View Gardens, Bellshill dated 28/4/00 Letter from Stephen Hamill, 5 Church View Gardens, Bellshill dated 29/5/00 Letter from Alistair Grant, 35 Church View Gardens, Bellshill dated 1/5/00 Letter from Mr & Mrs Stewart, 37 Church View Gardens, Bellshill dated 3/5/00

Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Shirley Penman. 198

APPLICATION No. S/00/00491RUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site extends to 0.75 hectares (1.86 acres) and is located off Church View Gardens on a brownfieid site close to Bellshill Town Centre. To the north the site is bounded by the A775 Town Centre By-pass, to the west lies the existing residential development in Church View Gardens. Potts Funeral Directors' premises and St Andrews Parish Church lie to the south of the site. To the east is North Road with a petrol filling station and car wash immediately adjacent to the site boundary.

1.2 The developer proposes to erect 9 three apartment and 3 four apartment terrace blocks with private garden ground. In addition 16 two apartment flats and 10 three apartment flats will be constructed within 4 two storey blocks set within communal open space.

1.3 The developer will provide a total of 37 main stream residential units and 1 wheelchair flat, all of which will be managed and let by the Lanarkshire Housing Association.

2. DEVELOPMENT PLAN

2.1 The proposal is a departure from the Bellshill and Mossend Local Plan adopted in 1985 which identifies the site as part of the commercial centre of Bellshill. However the Southern Area Local Plan Finalised Draft 1998 allocates the site for residential use.

3. REPRESENTATIONS AND CONSULTATIONS

3.1 Neighbour notification was undertaken by the 'applicant and five representations have been received. Three of these letters are from near by residents and contain objections to the proposal. The grounds of objection are based on the anticipated increase in vehicular traffic generated by the development. These can be summarised as increases in noise, pollution, disturbance and nuisance to existing residents in Church View Gardens and an increase in road safety hazards for children playing in the area.

3.2 Correspondence was received from SCI Funerals Ltd on behalf of Messrs Potts who have premises immediately adjacent to the southern site boundary concerning access to the rear of their property.

3.3 A letter was received from a neighbouring resident who did not object to the proposal but requested further details about the development.

3.4 West of Scotland Water has no objections to the proposed development.

3.5 The Coal Authority has not stated any objections to the proposal but has advised that coal seams have been worked in the vicinity in the past.

4. PLANNING ASSESSMENT AND CONCLUSIONS

4.1 The proposed residential development site is in accordance with the Council's commitment in the Southern Area Local Plan Finalised Draft to developing brownfield sites in urban areas in preference to greenfield release. The site proposed for development lies within an area of 199

mixed commercial and residential uses within easy reach of all facilities in Bellshill Town Centre.

4.2 The application has attracted four letters of objection. Three of these letters are concerned with the impact which the additional vehicular traffic generated by the development will have on existing residents. It should be noted that this site has been identified for residential development for the past two years in the Southern Area Local Plan Finalised Draft and the developer will implement the necessary road improvements to the access road in accordance with current roads guidelines. The parking provision proposed within the development is satisfactory.

4.3 A letter was also received from SCI Funerals Ltd on behalf of Messrs Potts regarding the access which they currently use from Church View Gardens through the development site to the rear of their property. SCI Funerals Ltd have confirmed that their titles do not make any reference to the right of access. which they currenly use. I have been advised by the Head of Legal Services that SCI Funerals Ltd would require to produce Affidavit evidence confirming that this access had been used by both pedestrians and vehicles in connection with their property for a period in excess of twenty years. SCI Funerals Ltd and the developer have been advised of this. As this a legal, rather than a planning matter, it is not my intention to pursue this further within the context of the planning application.

4.4 The overall design and appearance of the terraced houses and flats proposed are generally considered to be compatible with surrounding developments. However, the relationship between the two eastern most blocks of flats and the petrol filling station and car wash immediately adjacent to the site boundary is far from ideal. The siting of these two blocks is poor in terms of the quality of residential amenity with an outlook on to the rear of a petrol filling station. While this proposal represents the redevelopment of a brownfield site in a town centre location, it is reasonable to expect that future residents will be afforded an acceptable level of amenity and outlook from their homes whether they are rented or privately owned.

4.5 Following lengthy discussion concerning these matters it was suggested to the developer that lie should consider redesigning this part of the layout to improve the amenity, outlook and the relationship of these blocks to both the petrol filling station and the remainder of the site.

4.6 The developer does not share my reservations and has made a minor adjustment to the position of the block closest to the petrol filling station. The relationship between these flatted blocks and the petrol fiIIing station is still far fiom ideal. It would have been preferable for the developer to have reached a more creative architectural solution for the eastern part of the site rather than replicating a standard block. However, it is conceded that the developer has attempted to improve the residential amenity for future residents, incorporating triple glazing to reduce the impact of traffic noise and noise generated by the petrol filling station and car wash and is proposing to plant a screen of mature trees along the mutual site boundary.

4.7 In concluding, the proposed houses and flats should be welcomed as they represent a significant investment in the provision of rented accommodation on a brownfield site within the Bellshill town centre area. On balance, it is recommended that planning permission be granted subject to conditions. I 200

Application No. S/OO/OO587/HSC Date registered 24 May 2000 APPLICANT B G TRANSCO PLC, 10 THAMES VALLEY PARK DRIVE, READING, BERKSHIRE RG6 IPT Agent B G Transco, Brockham House, Dorking Business Park, Dorking, Surrey RH4 1HJ DEVELOPMENT CONTINUATION OF HAZARDOUS SUBSTANCES CONSENT LOCATION MILL ROAD, MOTHERWELL ML1 1EU

Ward No. 2 Grid Reference 27551765712

File Reference S/PL5/13/2/WLS/AB

Site History Long established gasholder ‘Deemed Consent’ under Hazardous Substances Regulations agreed in 1993 Permission for retail development on associated land refused, April 2000

Development Plan Established Community Facility (Finalised Draft Southern Area Local Plan)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Coal Authority, West of Scotland Water, Scottish Power, SEPA Conditions Health & Safety Executive No Reply Fire Brigade

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS This application is for the continuation of a Hazardous Substances consent for the existing gas-holder site at Mill Road, Motherwell.

Under legislation introduced in 1993, the storage of ‘hazardous substances’ in certain quantities requires a Hazardous Substances consent, issued by the planning authority. As an established facility at that time, the Mill Road gasholder benefited from a ‘Deemed Consent’ procedure, which removed the need for a full application.

However, because B G Transco have changed the ownership of part of the site (transferring the area previously occupied by offices to B G Holdings Ltd.) they are required to apply for a continuation of the Hazardous Substances Consent for the remainder ofthe site.

202

None of the bodies consulted offered any objections, and there were no representations received following the neighbour notification and press advertisement of the application. The Health and Safety Executive recommended that the constraints imposed by the conditions of the deemed consent should also apply to the continuation of consent.

This application has been made because the specific powers which give planning authorities control over the storage of “hazardous substances”, in this case Natural Gas, require a new consent to be issued if there is a change in the control of part of the site. Other than a portion of the site being transferred to B G Holdings (who, as yet, have no immediate plans for the area), there are no changes to the operational circumstances.

It is therefore recommended that the consent be granted.

RECOMMENDATION Grant, subject to the following conditions:-

1. That the storage of 52 tonnes of Natural Gas hereby permitted shall be carried out in accordance with the relevant conditions applied to Deemed Consent No. DC/2/93, which are appended to this consent.

Reason: To accord with the requirements of the Health and Safety Executive.

List of Background Papers

Application form and plans Letter dated 16 June 2000 from B G Transco Letter dated 14 July 2000 from B G Transco Southern Area Local Plan Finalised Draft Letter dated 2 June 2000 from The Coal Authority Letter dated 3 1 May 2000 from HSE Letter dated 6 June 2000 from West of Scotland Water Letter dated 12 June 2000 from Scottish Power Letter dated 3 July 2000 from SEPA Letter dated 20 July 2000 from HSE

Any person wishing to inspect the above background papers should telephone Motherwell 302088 and ask for Les Stevenson. APPENDIX1 , APPLICATION NO. S/OO/OO587/HSC 203 DEEMED CONSENT CONDITIONS

Below ambient temperature vessel conditions 1. .A hazardous substance shall be present at below ambient temperature in a vessel in a vessel area onl) if- (3) it was present at below ambient temperature in a vessel in that vessel area at any time during [he establishment period; Ibl the \esse1 in which it is present does not have a greater capacity than that specified in coiumn 1 uf Table C; and (c) the pressure at which it is present does not exceed- ' (i) atmospheric pressure, if the substance was not present at above atmospheric pressure at below ambient temperature in a vessel in that vessel area at any time during the establish- ment period; or (ii) the pressure specified in column 2 of Table C, in any other case.

.Ambient temperature vessel conditions 2. A hazardous substance shall be present at ambient temperature in a buried or rnounded vessel in a vessel area only if- (a) it was present at ambient temperature in a buried or mounded vessel in that vessel area at any time during the establishment period; (b) the buried or mounded vessel in which it is present does not have a greater capacity than that specified in column 3 of Table C; and (c) the pressure at which it is present In the buried or mounded vessel does not exceed- (i) atmospheric pressure, if the substance was not present at above atmospheric pressure at ambient temperature in a buried or mounded vessel in that vessel area at any time during the establishment period; or (ii) the pressure specified in column 4 of Table C, in any other case.

3, A hazardous substance shall be present at ambient temperature in a non-buried or non-rnounded vessel in a vessel area only if- (a) it was present at ambient temperature in a non-buried or non-mounded vessel in that vessel area at any time during the establishment period; (b) the non-buried or non-mounded vessel in which it is present does not have a greater capacity than that specified in column 5 of TabIe C; and (c) the pressure at which it is present in the non-buried or non-mounded vessel does not exceed- (i) atmospheric pressure, if the substance was not present at above atmospheric pressure at ambient temperature in a non-buried or non-mounded vessel in that vessel area at any time during the establishment period; or (ii) the pressure specified in column 6 of Table C. in any other case.

Above ambient temperature voIscl conditions

I 4. A hazardous substance shall be present at above ambient temperature and at or below its boiling point at 1 bar absolute in a vessel in a vessel area only if- (a) it was present at above ambient temperature and at or below its boiling point at 1 bar absolute in a vessel in that vessel area at any time during the establishment period; . (b) the vessel in which it is present does not have a greater capacity than that specified in column 7 of Table C; and (c) the pressure at which it is present does not exceed- (i) atmospheric pressure, if the substance was not present at above atmospheric pressure at above ambient temperature and at or below its boiling point at 1bar absolute in a vessel in that vessel area'at any time during the establishment period; or (ii) the pressure specified in column 8 of Table C, in any other case.

S. A hazardous substance shall be present at above is boiling point at 1 bar absolute in a vessel area only if- (a) it was present at above its boiling point at 1 bar absolute in a vessel in that vessel area at any time during the establiihment period; (b) the temperature at which it is present does not exceed the temperature specified in column 9 of Table C; (c) the vessel in which it is present does not havea greater capacity than that specified in column 10 of Table C; and (d) the pressure at which it is present does not exceed- (i) atmospheric pressure, if the substance was not present at above atmospheric pressure at above its boiling point at 1 bar absolute in a vessel in that vessel area at any time during the establishment period; or (ii) the pressure specified in column 11 of Table C. in any other case.

Vessel location condition 6. A hazardous substance shall not be present in a vessel outside a vessel area. Moveable container storage area conditions 741) A hazardous substance shall be stored in moveable containers only in an area identified in a moveable container storage area plan for that substance in accordance with regulation 15(3). (2) The quantity of a hazardous substance stored in such an area shall not exceed twice the maximum quantity of the substance stored in moveable containersin that area at any time during theestablishmenr period. (3) A hazardous substance shall not be stored in such an area in a moveable container with a capacity in excess of- (a) 10% of the substance’s controlled quantity, if it was not stored in a moveable container with a capacity in excess of 10% of that quantity in that area at any time during the establishment period: or (b) the capacity of the largest moveable container in which it was stored during that period in that area, in any other case.

I

.. 205

Application No. S/00/00605/FUL Date registered 30 May 2000 APPLICANT CHRISTOPHER AND SUSAN COYLE, 23 COCKHILL WAY, BELLSHILL, ML4 3LN Agent DEVELOPMENT CONSTRUCTION OF GARAGE LOCATION 23 COCKHnL WAY, BELLSHILL

Ward No. 24 Grid Reference 27 1699 660618

File Reference S/PL/B/7/27(37)/AR/JF

Site History . None

Development Plan Bellshill and Mossend Local Plan - Industrial Southern Area Local Plan (Finalised Draft) - Established Housing Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter Newspaper Advertisement Not Required

COMMENTS The applicants are seeking planning permission for the construction of a detached garage to the front of their property at 23 Cockhill Way, Bellshill. There has been one letter of objection, details of which are contained in my accompanying report. It is recommended that permission be granted.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

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

207

Reason: To ensure that the development hereby approved complements the existing adjoining dwellinghouse.

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

Reason: To protect the residential amenity of the neighbourhood.

List of Background Papers

Application form and plan dated 3015100 <- Bellshill and Mossend Local Plan Southern Area Local Plan Finalised Draft Letter fiom Mr & Mrs S J Du@ dated 2/6/00

Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell.

U 208

APPLICATION NO. S/OO/00605RUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is at 23 Cockhill Way, Bellshill, located within a relatively small modern housing estate.

1.2 The property is a two storey, semi detached dwellinghouse at the end of a cul-de-sac.

1.3 The applicants propose to construct a detached single garage on an area of ground between the front of their property and the rear of 2 Cockhill Way.

1.4 The proposed garage is 2.9 metres wide x 6 metres long i.e. 17.4 square metres and 3 metres high with a pitched roof.

1.5 Originally the applicants had investigated the possibility of attaching a garage on to the side of their property, however, their driveway is too narrow to accommodate such a proposal. The applicants are further restricted because to the side of their property is the main estate boundary wall on Philip Murray Road and this cannot be incorporated into any garage development.

1.6 After contacting my office in May 2000, the applicants were advised that given the unusual circumstances, there would be no objection in principle to the only available position for the garage.

2. REPRESENTATIONS

2.1 One letter of representation has been received from the owners of the property closest to the site of the proposed garage. The points raised by the neighbours are outlined as follows:-

Drainage

Comment: The proposed garage will be situated 500 millimetres from the boundary fence of 2 Cockhill Way. The proposed garage will be constructed with a set of gutters and rain water pipes connecting into a surface water drain. Therefore, the proposed garage should not exacerbate any existing problems in this area.

Possible Damage to Tree

Comment: On the rear boundary of 2 Cockhill Way there are two young conifer trees which trees are not protected by a Tree Preservation Order. I am of the opinion that their impact on the streetscene is negligible. Furthermore, it is my understanding that any part of a tree encroaching into another’s land falls within the ownership of the that particular land owner. Therefore, any part of the tree within 23 Cockhill Way belongs to the respective owners; and they are entitled to remove branches or sever roots if they so desire. 209

(c) Original Plans Identijied Application Site as Open Space

Comment: The original plans may have shown this land as undeveloped, however, the land is owned by the applicants and always had the potential to be altered. The applicants themselves would have preferred to have left the area untouched however, due to other constraints outwith the applicants control, this is the only available option.

(a) Proximity to Neighbouring Boundav and Potential Noise Nuisance

Comment: It is not uncommon for garages, extensions etc., to be constructed right upon the mutual boundary and there is no restrictions in planning law relating to minimum distances from boundaries. Secondly, there is more of a potential noise nuisance from a garage across the driveway from 2 Cockhill Way. The proposed garage will be approximately 10 metres away from the living areas of 2 Cockhill Way.

(e) Security

Comment: The owners of 2 Cockhill Way are concerned that the proposed garage would shield part of their garden and effectively reduce passive surveillance from adjacent properties. The proposed garage is 2.9 metres wide and would therefore only obstruct approximately one third the rear garden boundary fence to 2 Cockhill Way. Furthermore, the view from the nearest house at the rear (the applicants property, will be relatively unaffected).

03 Restricted View

Comment: Firstly, no-one is legally entitled to a view. Secondly, the rear view from 2 Cockhill Way is onto a 1.8 metre high screen fence, then onto the applicants front garden ground.

3. PLANNING ASSESSMENT

3.1 The proposed garage is typical of single garages in and around this vicinity. In certain circumstances this garage could have been constructed without a planning application under permitted development rights.

3.2 The applicants had consulted my department for advice on the best way to proceed with the construction of their garage. The applicants are themselves disappointed that they are unable to construct a garage to the side of their house.

3.3 My department tried to offer solutions to the applicants problem, however, for one reason or another they could not be implemented. Notwithstanding this and the neighbours objections, I recommend to the Committee that planning permission is granted subject to three conditions. .- 21 0

Application No. S/00/00640/REM Date registered 2 June 2000 APPLICANT TAYLOR HOMES (SCOTLAND) LTD, UNIT 3, WOODHALL ROAD, CAMBUSNETHAN, WISHAW Agent DEVELOPMENT LAND ENGINEERING WORKS INVOLVING SOIL STRIPPING AND RE-GRADING LOCATION LAND ADJACENT TO KNOWENOBLE FARM, WISHAW LOW ROAD, CLELAND

Ward No. 19 Grid Reference 279600 657850

File Reference S/PLIB/4/26(7 S)/DA/JF

Site History Sept 1998 - planning permission granted in outline for residential development

Development Plan County of Lanark Central Industrial Area Part Development Plan 1964 - “Greenbelt Zone” Southern Area Local Plan, Finalised Draft - Policy HSG2 (Housing Development Opportunity)

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection SEPA . Conditions Director of Community Services, West of Scotland Water No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The applicant seeks permission to carry out soil stripping operations (which the company regards as merely “Site Investigations”) to determine the location of mineshafts and, therefore, the suitability of the full site for development. Ordinarily, permission would not need to be sought for such works as they would be accepted as part of a detailed (or “Reserved Matters”) approval for the whole site. However, the applicants have not submitted “Reserved Matters” applications for the entire site, hence the need for this application. It is also noted that this application is retrospective in nature. It is recommended that planning permission be granted, notwithstanding the unsatisfactory way in which the operations have been carried out to date.

RECOMMENDATION ..- . Grant, subject to the following conditions;- P

N I A LANARKSHIRE i1 21 2

1. That the development hereby permitted shall be started not later than 30th September 200 1, on those parts of the site where development has not already taken place.

Reason: To accord with the outline planning permission.

2. That permission is not hereby given for any disturbance of ground within the area shaded GREEN on the approved plans.

Reason: This area has been identified to be of significant ecological value worthy of protection.

3. That permission is not hereby given for any further disturbance of ground within the area shaded RED on the approved plans and that, for the avoidance of doubt, this shall constitute ground within 5 metres of the northern field boundary fence line.

Reason: This area of ground has been identified as appropriate for a soft landscaped boundary to the proposed housing development and is of suitable depth to ensure protection of the railway cutting area.

4. That permission is not hereby given for disturbance of ground within the area shaded PURPLE on the approved plans and that, for the avoidance of doubt, this shall constitute ground within 2 metres of the western site boundary defined by the drip line of the trees and bushes associated with the Site of Importance for Nature Conservation (SINC).

Reason: To ensure protection of the SINC.

5. That notwithstanding the terms of conditions 3 and 4 above, mounded soil located within both of the shaded areas identified in the above conditions shall be removed within 28 days of the date of this permission.

Reason: To ensure no further damage is incurred within the protected areas identified by this permission.

6. That within 28 days of the date of this permission, agreement shall be reached with West of Scotland Water on the position of the water main through the site, the line of the main shall be marked on the site and, thereafter, no disturbance of this ground shall take place without the approval of West of Scotland Water.

Reason: To ensure no disturbance of the public water supply, in the interests of public convenience and amenity.

7. That should subsequent site investigators reveal that all, or part of the ground forming the subject of this application cannot be developed for housing, a landscaping scheme shall be submitted indicating proposals for ground re-instatement including levels, planting scheme and drainage proposals.

Reason: To ensure the site is not abandoned with an appearance detrimental to the visual amenity of adjacent dwellings. 21 3

8. That in the event of all, or part of the ground forming the subject of this application not being developed for housing, the landscaping scheme approved in terms of condition 7 above shall be fully implemented within 8 months of the date of the letter issued by the Planning Authority confirming non-development of all, or part of the site.

Reason: To ensure the site is not abandoned with an appearance detrimental to the visual amenity of adjacent dwellings.

9. That, in the event of all, or part of the ground forming the subject to this application not being developed for housing, full details of the means of implementation and management of the landscaping scheme approved in terms of condition 7 above, shall be submitted to, and approved by the Planning Authority, before the scheme is implemented.

Reason: To ensure the site is not abandoned with an appearance detrimental to the visual amenity of adjacent dwellings.

10. That the areas to be excluded from development, identified in conditions 3 and 4 above, shall be marked off on the site by a method to be agreed in writing with the Planning Authority, all before development starts.

Reason: To ensure no disturbance of the areas of ground identified in conditions 3 and 4 above.

List of Background Papers

Application form and plans dated 2/6/00 Letters from applicant, dated 23/6/00, 27/6/00, 5/7/00, 7/7/00, 10/7/00, 8/7/00 County of Lanark Central Industrial Area, Part Development Plan 1964 North Lanarkshire Council, Southern Area Local Plan, Finalised Draft, 1998 Letter from West of Scotland Water, dated 19/6/00 Consultation Replies from Director of Community Services, dated 30/6/00,28/7/00 Letter from SEPA, dated 19/6/00

Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. 214

APPLICATION No. S/00/00640/REM

REPORT

1. APPLICATION AND SITE

1.1 The applicant seeks planning permission to carry out soil stripping works on ground to the north of the development site called Glen Noble, located off Wishaw Low Road. This is a large field covering 4.6 hectares which was a mixture of abandoned grazing land, a former tip site and a natural ponded area. The application site also extends northwards to include a former railway cutting which subsequently became a right of way. The cutting contains a footpath which fades into a grass embankment. Either side of the embankment there are a variety of bushes and other plants. The applicant proposes to use this cutting to tip soils from the adjacent development site. (Note that the old railway cutting is owned by North Lanarkshire Council).

1.2 Ordinarily, a specific reserved matters application for soil stripping operations associated with a development site would not be required as a reserved matters permission for the development proposed, in this case housing, would cover the whole site, thus making soil stripping operations incidental to the site construction. However, the applicants have not submitted a reserved matters development proposal for the whole site as they have indicated they are unsure of ground conditions and, therefore, the developability of the site. The current application is to enable them to carry out further investigations which will possibly result in the submission of additional reserved matters applications. It should be noted that two such applications have already been received for parts of the site that the applicants feel can be developed without any further complications, although these are not yet in a form which can be reported to Committee.

1.3 It has also to be noted that the applicant has already started works on site, although at the time of writing this report, operations had ceased. Nevertheless, a substantial area of the site has already been cleared.

2. CONSULTATIONS

2.1 West of Scotland Water has indicated that connections to the appropriate apparatus may be made. It is also pointed out that a 26 inch diameter water main crosses the site. This will need to be protected by establishing the line of the main on site; keeping this line clear of any topsoil or overburden mounds; allowing no increase or decrease in cover afforded to the main without the written agreement of the authority, and maintaining a right of access to the main at all times.

2.2 SEPA have no objection in principle provided work is carried out in accordance with the appropriate guidelines for water pollution prevention.

2.3 The Director of Community Services has been concerned about the unauthorised work carried out to date and the ecological damage this has caused. He requires that a minimum distance of 2 metres from the edge of the Site of Importance for Nature Conservation area to the west be maintained undisturbed and has suggested that a width of 5 metres on average be created along the northern boundary of the site, to be planted up. He strongly objects to the railway cutting being used for infill.

3. COMMENTS AND CONCLUSIONS

3.1 It has to be acknowledged that the applicant has already carried out much of the work for which permission is sought. Generally ground within 2 metres of the SINC has not been disturbed, nor 21 5

has ground along the northern boundary, with the exception of soil mounding in the north west corner. Furthermore, no part of the cutting has yet been disturbed.

3.2 Although the site is generally identified for residential development, there are ecologically important areas in the immediate vicinity which have to be respected by the applicant and it is important to condition any permission to take cognisance of the importance of these areas.

3.3 Other than these issues, which can be covered by conditions, I consider that the applicant should be allowed to continue investigation of the site and, therefore, recommend that planning permission be granted. 216

Application No. S/00/00643/FUL Date registered 5 June 2000 APPLICANT MR SHAKIL AHMED, 37 COVANBURN AVENUE, HAMILTON ML3 7PX Agent DEVELOPMENT FORMATION OF 3 FLATTED DWELLINGS AND RESTAURANT LOCATION GATSBY HOTEL, 3 14-322 MAIN STREET, WISHAW ML2 7ND

Ward No. 7 Grid Reference 2793 84-65 5335

File Reference

Site History

Development Plan Zoned as Village, Neighbourhood and Secondary Commercial Areas on the Southern Area Local Plan (Finalised Draft)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours Two letter of objection Newspaper Advertisement No Response

COMMENTS This application seeks planning consent for the formation of 3 flatted dwellings and restaurant in the former Gatsby Hotel at 3 14-322 Main Street, Wishaw. Two letters of objection have been received from an adjacent shop and a neighbouring resident regarding the proposal. In considering the objections I am of the opinion that the proposal will not substantially impact on the amenity of the surrounding properties and is an appropriate development for a secondary commercial area within Wishaw. I therefore recommend that this proposal be granted. My comments and observations on the proposal and the concerns of the objectors are contained in the accompanying report.

RECOMMENDATION Grant, subject to the following conditions:-

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

218

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

2. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building without the written consent of the Planning Authority.

Reason: To define the permission and enable the Planning Authority to retain effective control over the development hereby approved.

3. That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 no advertisement signs shall be displayed at or on the development site without the written consent of the Planning Authority.

Reason: To enable the Planning Authority to exercise effective control under the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984.

List of Background Papers

Application form and accompanying plans registered 5/6/00 Southern Area Local Plan (Finalised Draft) Letter dated 3/7/00 from The John Rogers Memorial Foundation Letter received 7/8/00 from Mr & Mrs C Hogg

Any person wishing to inspect the above background papers should telephone Motherwell 302128 and ask for Mary Hogg. 219

APPLICATION NO. S/00/00643/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application relates to the formation of 3 flatted dwellings and restaurant at 3 14-322 Main E Street, Wishaw.

1.2 The property is located within a secondary commercial area of Wishaw as designated in the Southern Area Local Plan (Finalised Draft), This type of area encompasses a mix of uses including small businesses, restaurants and residential properties. In these areas the Council’s policy seeks to encourage the retention of such uses.

I .3 The application site is situated at the junction of Dryburgh Road and Main Street. To the east, and separated by a close is a two storey property which has a charity shop on the ground floor and residential flats above. The close is gated and provides pedestrian access to the upper floor flats and garden ground area of the property. The site is bounded to the north by a tyre service business and the back court areas of residential properties located in Roberts Street. To the south of the site and across Main Street are 3 storey properties which have mostly shops and small businesses on the ground floor and residential properties on the upper floors.

1.4 The property subject to this application is not in use and has lain vacant for some time. The two storey building with attic space, formerly the Gatsby Hotel operated as a public house and disco and provided bar meals and hotel accommodation.

1.5 The public house area is located on the ground floor with two separate entrance points for the public bar and lounge bar areas, the kitchen, toilets and storage areas are to the rear of the property-

1.6 The hotel accommodation and disco area located on the upper floor level with a residential flat in the attic area.

1.7 The proposal consists of the conversion of the ground floor lounge bar area into a restaurant and the formation of three flatted dwellings from the existing hotel accommodation on the upper floor. The flatted dwellings are to be accessed from Dryburgh Road with no off street parking provision in common with most other town centre residential properties.

2. REPRESENTATIONS

2.1 Two letters of objection have been received, one from the adjacent proprietor of the shop and one from a neighbouring resident. The concerns raised can be summarised as follows:-

1) The neighbour notification forms appear to have discrepancies in the description of the proposed development relating to the operation of a disco and type of residential property. 2) No arrangements have been made to provide proper fire exits from the premises. 3) The presence of a disco and bed sit accommodation is likely to increase the level of anti social behaviour resulting in adjoining properties being vandalised and misused. 4) The level of noise and disturbance generated from the premises would be detrimental to the neighbouring residents. 5) Odours from the restaurant and kitchen would be detrimental to the amenity.- of neighbouring residents. 220

3. OBSERVATIONS

3.1 The objectors concerns regarding the provision of proper fire exits from the premises is a matter to be considered under Building Control Regulations and not a planning matter.

3.2 The concerns expressed with regard to the proposal encouraging anti social behaviour and vandalism to adjacent properties is noted, however, it is considered that such premises do not necessarily lead to such activity and with the introduction of CCTV cameras in the area should serve as a deterrent against such anti social behaviour. Finally, with regard to the objectors concerns on the notification procedural forms, I am satisfied that the applicants have addressed all relevant matters.

3.3 Neighbouring residents are concerned about the possible high levels of noise generated by such a development. It is acknowledged that there is likely to be a greater opportunity for noise disturbance especially at night. However, the property is situated in a town centre location where there is a broad mix of uses. It is therefore expected that such areas experience a certain level of disturbance as a result of a range of commercial activities and I do not regard this issue to be a significant problem for this location.

3.4 Finally, the concerns regarding odours emanating from the restaurant are noted. However, this is not a planning matter and would be dealt with under Environmental Health legislation to ensure the control of such emissions.

4. CONCLUSION

4.1 The proposal is in keeping with the planning policies for this secondary commercial area location. In considering the concerns of the objectors I am of the opinion that the proposal would not greatly impact on the amenity of the adjoining properties. Given that the property has lain vacant for some considerable time I am of the opinion that the proposal would make a positive contribution in regenerating this part of the Town. I therefore recommend planning consent granted subject to conditions. 22 1

Application No. S/OO/OO685/FUL Date registered 14 June 2000 APPLICANT MR & MRS ROBERTSON, 30 GLENDORCH AVENUE, WISHAW Agent J & S McFadyen, 8 Airdrie Road, Carluke MLS 5EW DEVELOPMENT ERECTION OF CONSERVATORY (RETROSPECTIVE) LOCATION 30 GLENDORCH AVENUE, WSHAW

Ward No. 10 Grid Reference 280515 657226

File Reference S/PL/B/4/ 7/JL/AB

Site History . Planning consent granted on 23/12/93 for Erection of Front Porch (ref. no. 534193)

Development Plan Residential on NLC Southern Area Local Plan - Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS The applicant seeks retrospective planning consent for the erection of a conservatory to the rear of the above dwellinghouse. The conservatory requires consent because the applicants’ have exceeded their permitted development rights. One letter of objection has been received from an adjoining neighbour. The objector’s main concern is that the conservatory is built approximately 3 feet from the mutual rear boundary wall and that all the objectors rooms at the back of the house look directly into it. A secondary concern relates to the appearance of the conservatory which does not blend with the rest of the house. The third point questions the limit to which a dwellinghouse can be extended. Finally, the objector feels that the applicants’ house is encroaching on their privacy and resembles a builders yard, as there always seems to be an alteration taking place.

My comments on the above are as follows: It is acknowledged that part of the conservatory is within 3-5 feet of the rear boundary fence, however, it is only a single storey structure and the application site is situated well below the dwellinghouses to the rear, pf which the objectors house is one. The application site’s rear garden is not deep i.e. North Branchai Wood 223

3.5 metres at it’s narrowest point, therefore any extension to the rear, however small, will almost reach the rear boundary. The conservatory, as built, measures 3.5 metres x 4.8 metres long, and is a relatively small structure. It is a fact that the conservatory will effectively bring the applicant’s living accommodation closer to the objector’s dwellinghouse, however, due to the level difference between both properties i.e., application site being significantly lower than objectors site, I am of the opinion that the conservatory does not cause a significant privacy problem for the adjoining neighbour. The objector’s second point regarding appearance is a matter of opinion. It is my view however that the conservatory is acceptable in design terms and is not unlike most other UPVC conservatories built in North Lanarkshire. With regard to development limits on residential properties, I am satisfied that there is no over development of the application property due to the width of the plot site. With regard to the objector’s final point concerning continual building work, I can confirm that all works undertaken to date are small scale and do not require local authority approval.

In light of all of the above,.I hereby recommend that retrospective planning consent is granted for the development.

RECOMMENDATION Grant.

List of Background Papers

Application form and plans dated 14/6/00 NLC Southern Area Local Plan - Finalised Draft Letter of objection dated 15/6/00 from Alison Kelly, 29 Lyman Drive, Wishaw

Any person wishing to inspect the above background papers should telephone Motherwell 14 and ask for Mr Lemon. 224

Application No. S/00/00714/FUL Date registered 30 June 2000 APPLICANT ROADCHEF MOTORWAYS LTD, ROADCHEF HOUSE, GLOUCESTER GREEN, BARNET WAY, GLOUCESTER Agent The Parr Partnership, 8 Newton Place, Glasgow, G4 7PR DEVELOPMENT ERECTION OF 40 BEDROOM LODGE LOCATION M8 MOTORWAY SERVICE AREA, HARTHILL, SHOTTS

Ward No. 20 Grid Reference 290784 665276

File Reference S/PLiB/l7/81 (60)/ARJJF

Site History No significant site history

Development Plan Northern and Southern Area Part Development Plan - Agricultural Southern Area Local Plan Countryside Around Towns - (Finalised Draft) Contrary to Development Plan No

CONSULTATIONS

Objection No Objection The Coal Authority, West of Scotland Water Authority, Conditions The Scottish Executive National Roads Directorate No Reply Strathclyde Police

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application is for the construction of a 40 bedroom lodge at Harthill Services M8 (Northern Services). I have no objection to planning permission being granted for this proposal.

RECOMMENDATION

Grant, subject to the following conditions, viz;

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

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

2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required. \ \ 225 226

Reason: These details have not been submitted.

3. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.

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

4. That within one year of the occupation of the lodge hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terns of condition 3 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

5. That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised fm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SISG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.

Reason: To ensure the mineral stability of the site. (Note: A copy of the required Certificate is available from the Divisional Office).

6. That before development starts, details of a scheme, which provides sufficient car parking space exclusively for patrons of the lodge hereby approved, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

List of Background Papers

Application form and plans dated 0/6/00 Northern and Southern Areas Part Development Plan Southern Area Local Plan (Finalised Draft) National Planning Policy Guideline: The Provision of Roadside Facilities on Motorways and Other Trunk Roads in Scotland Letter from the Coal Authority dated 20/7/00 Letter from West of Scotland Water dated 28/700 Letter fiom The Scottish Executive National Roads Directorate dated 3 1/7/00

Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell. 227

APPLICATION No. S/00/00714/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application is for the erection of 40 bedroom lodge at Harthill Services MS (North). The lodge proposed by Roadchef is similar in design to most modem motorway-side motels.

1.2 The motorway service area is located to the north of Harthill and on the northern side of the MS motorway.

1.3 Currently, the application site is a car parking area.

1.4 The proposed lodge is a two storey building offering accommodation for commuters and travellers. Restaurant facilities are not included within the proposed lodge; this is common practice in situations where existing restaurant facilities are on site.

1.5 Existing car parking spaces are currently under utilised and the operators intend using these spaces for residents at the lodge.

1.6 A similar application was approved in May 1995 for a 39 bed lodge at the southern service area. This consent has now lapsed and the development was not implemented.

2. CONSULTATIONS

2.1 West of Scotland Water - no objection.

2.2 Strathclyde Police - no reply.

2.3 Scottish Executive - National Roads Directorate - no objection provided adequate parking facilities are available.

2.4 The Coal Authority - no objection.

3. PLANNING ASSESSMENT

3.1 This application is one element of the redevelopment of both the northern and southern motorway service areas.

3.2 National Planning Policy Guideline No 9 ("PG 9) recognises the requirement for roadside facilities on motorways. Indeed, NPPG 9 expects additional facilities, over and above standard facilities such as fuel, free toilets, free short term parking, such as overnight accommodation within motorway services on main tourist routes. Therefore, in terms of national planning policy guidance this proposal is justified.

3.3 In conclusion, this is an acceptable proposal for this location and I therefore recommend that permission be granted. 228

Application No. S/00/00725/OUT Date registered 19 June 2000 APPLICANT JAMES MACALLISTER, 23 KNOLLCROFT ROAD, SHOTTS ML7 5JF Agent The Alexander Ken Practice, Commercial Bank Chambers, 5A Stewarton Street, Wishaw ML2 8AA DEVELOPMENT ERECTION OF DWELLINGHOUSE (OUTLINE) LOCATION 32 GLEN ROAD, WISHAW

Ward No. 7 Grid Reference 279288655464

File Reference S/PL/B/1 0/20/JL/m

Site History Planning consent granted on 7/11/84 from Builders Yard to parcel delivery depot (ref. No. 361/84) Planning consent granted on 4/11/87 for change of use of light industrial premises to car repair workshops (ref. No. 338/87) Planning permission granted on 7/6/89 for change of use from builder’s store to joinery workshop (ref. No. 161/89)

Development Plan Residential on North Lanarkshire Council Southern Area Local Plan - Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Transco, British Telecom Conditions The Coal Authority, West of Scotland Water No Reply

REPRESENTATIONS

Neighbours Two letters of objection Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning consent for the erection of a dwellinghouse, in outline, at premises known as 32 Glen Road, Wishaw. As can be deduced from the site history above, the site has been used for business purposes in the past, although it has lain vacant for a number of years. Two letters of objection have been received from notified neighbours, details of which may be found in the accompanying report. Notwithstanding the objectors’ concerns, I hereby recommend that planning consent is granted in outline for the proposal, subject to conditions.

230

RECOMMENDATION Grant, subject to the following conditions:-

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

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

2. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 3 below, shall be made to the Planning Authority.

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

3. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) details of existing and proposed site levels.

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

4. That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SISG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.

Reason: To ensure the mineral stability of the proposed site in the interests of prospective occupiers (Note: A copy of the required Certificate is available from the Divisional Office).

5. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed. 23 1

6. That, notwithstanding the generalities of condition no. 3 above, the dwellinghouse hereby permitted shall be single storey design.

Reason: In the interest of amenity and to safeguard the privacy of the neighbouring residential property.

7. That, notwithstanding the generalities of condition 3 above, the detailed layout shall incorporate a turning area within the application site and will demonstrate that it can accommodate two parking spaces.

Reason: To enable vehicles to enter and leave the site in forward gear at all times and to ensure the provision of adequate parking facilities within the site.

8. That, notwithstanding the generalities of condition 3(d) above, a 1.8 metre high screen fence shall be erected at the boundary marked A-B on the approved plans.

Reason: To ensure satisfactory boundary treatment at this location.

List of Background Papers

Application form and plans dated 19/6/00 Letter dated 7/7/00 from The Alexander Kerr Practice (Agent) North Lanarkshire Council Southern Area Local Plan - Finalised Draft Letter dated 7/7/00 from Transco Letter dated 10/7/00 from The Coal Authority Letter dated 11/7/00 from West of Scotland Water Letter dated 12/7/00 from British Telecom Memo dated 2 1/7/00 from Divisional Transportation Manager Letter of objection dated 23/6/00 from Mr R Thomson, 66 Glen Road, Wishaw Letter of objection dated 1/7/00 from Mr T Callan, 9 Glenpark Street, Wishaw

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lennon. 23 2

APPLICATION NO. S/00/00725/OUT

REPORT

1. BACKGROUND AND PROPOSAL

1.1 The applicant seeks outline planning consent for the erection of a dwellinghouse at 32 Glen Road, W ishaw.

1.2 The site is presently lying vacant and in an unkempt state, although, as can be seen from the past history to the site, it has been used for a commercial use in the past.

1.3 It is located in an area which is allocated for residential purposes in the Local Plan, it is bounded by residential properties to the north and west, Tesco car park to the south and east.

1.4 Access to the site will be via a private road serving 2 commercial premises, 4 flats and 5 dwellinghouses.

2. REPRESENTATIONS AND OBSERVATIONS

2.1 Two letters of objection were received from notified neighbours. The first letter of objection and my comments thereon may be summarised as follows:-

e Access along the private road could be severely restricted, depending on the volume of traffic using the access. There is also no parking allowed in the lane.

Comment One dwellinghouse as opposed to a business workshop would be more suited to the area and would, in my opinion, generate less traffic than a commercial operation. As access to the site is via a private lane/road, the local authority has no control or responsibility over its use. Car parking is therefore a private matter between the owner of the road and all the users.

e No works should be carried out on the road without the prior consent of the owner.

Comment This matter concerns the applicant and the owner of the road. It is not a valid planning concern.

The second letter requests that a retaining wall is built at the rear boundary of the application site. Where there is a ground level difference between the application site and its neighbour which the objector would like rectified, the level difference can be accommodated by creation of a small embankment. This, together with the addition of a 1.8 metre high screen fence to be erected at the top of the slope should, in my view, provide a workable solution to this issue.

3. CONCLUSION

3.1 The granting of a dwellinghouse at this location is a satisfactory use of the site which could otherwise be used for trade or business use without requiring planning consent by virtue of its past planning history. While the private access road is not ideally suited to heavy traffic, I therefore recommend that planning consent is granted in outline for a dwellinghouse, as this will reduce possible conflict on the use of the road. 233

Application No. S/OO/OO 72 6FUL Date registered . 29 June 2000 APPLICANT DAVIDSON BROTHERS (SHOTTS) LTD, GRAY STREET, SHOTTS ML7 5EW Agent C.R.A. Ltd, 52 Comiston Road, Edinburgh, EH10 5QQ DEVELOPMENT CONSTRUCTION OF GRAIN STORAGE UNITS AND VEHICLE INTAKE BUILDINGS LOCATION DAVIDSONS FACTORY, STABLE ROAD, SHOTTS

Ward No. 20 Grid Reference 288078-660043

File Reference

Site History .

Development Plan Shotts Local Plan - Industrial Southern Area Local Plan (Finalised Draft) - Established Industrial and Business Area

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks planning permission for the construction of additional grain storage units and a replacement vehicle intake building at Stable Road, Shotts. The application was advertised in the Wishaw Press due to the height of the proposed grain storage units. No objections were received in relation to this application, and it is recommended that permission be granted.

RECOMMENDATION

Grant, subject to the following conditions, viz;

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

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

.. .. /

sd 23 5

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

Reason: To ensure that the development hereby approved complements the existing adjoining factory and in the interests of visual amenity.

List of Background Papers

Application form and plan dated 29/6/00 Shotts Local Plan Southern Area Local Plan (Finalised Draft)

Any person wishing to inspect the above background papers should telephone Motherwell 3 02099 and ask for Allison Russell. 236

APPLICATION NO. S/00/00726/FUL

REPORT

1. SITE AND PROPOSAL

1.1 Davidson Brothers factory is a well known and prominent landmark, situated within an established industrial and business area in the town of Shotts.

1.2 The factory site covers an area of just over three hectares, and the factory itself has been in operation for 40 years. Current employment is just over 100 personnel.

1.3 Davidson Brothers produce vegetable based animal feed to farmers and other suppliers.

I .4 As a result of the company’s commitment to the local area, some operations have been transferred from their Dumfries business to the Shotts factory. Due to this move, the factory is undergoing a small expansion. In response to this, it is now necessary to install additional grain storage units and a new vehicle intake building.

1.5 The proposed grain storage units are to be housed in an extension of approximately 432 square metres, with a height of 23 metres. The proposed extension will be finished in materials to match the existing buildings.

1.6 The proposed vehicle intake buildings are necessary for the factory to load their product onto lorries for despatching. Additionally, the intake buildings are of a specification which will reduce dust and noise emissions within the loading bay. Whilst noise and dust have not been an issue at this site, the factory owner is keen to maintain good relations with his adjoining neighbours.

2. REPRESENTATIONS

2.1 The application was advertised in the local newspaper because the buildings proposed exceed a height of 20 metres. No objections were received.

3. PLANNING ASSESSMENT

3.1 The proposal submitted on behalf of Davidson Brothers is consistent with the nature of the factory’s operations, and there are no planning objections. It is recommended that permission be granted. 237

Application No. s/oo/oo73o/FuL Date registered 2 1 June 2000 APPLICANT ANDREW WILSON, 35 ATLIN DRIVE,NEW STEVENSTON ML1 4FB Agent DEVELOPMENT ERECTION OF TWO SEMI DETACHED DWELLINGHOUSES LOCATION 3-7 NEILSON STREET, BELLSHILL

Ward No. 30 Grid Reference 273197 660140

File Reference S/PL/B/7/13 ( 108)/AWAI3

Site History

Development Pkn (Bellshill & Mossend Local P1an)Bellshill Commercial Area (Southern Area Local Plan Finalised Draft) Town Centre Area

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter Newspaper Advertisement Not Required

COMMENTS This application is for the renewal of planning consent granted on 20 July 1995 for the erection of two semi detached houses on the site of a former yard at Neilson Street, Bellshill. The site is currently used as a motor garage. This proposal would provide two 3 bedroom semi- detached houses each with a driveway and a small rear garden. Although the garden sizes are below the Council's normal standards, I am prepared to recommend that consent be granted on the basis that the overall result will be an improvement on the present condition within this Town Centre area.

RECOMMENDATION

Grant, subject to the following conditions:-

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

239

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

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

1 3. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouses and the adjoining road, with the exception of a 1 metre high facing brick, or roughcast wall built to match the facing brick, or roughcast, on the existing house, and before development starts, samples of the facing materials to be used on the wall shall be submitted to, and approved by, the Planning Authority.

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

4. That the part of the eastern boundary wall which forms a mutual wall with the garage of no. 9 Neilson Street shall be retained.

Reason: To retain the structural integrity of the garage.

5. That before the dwellinghouses hereby permitted are occupied, all barbed wire around the existing walls shall be removed.

Reason: In the interests of amenity.

6. 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, including any modifications as may be required.

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

7 That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of each plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

8. That before the dwellinghouse hereby permitted is occupied, a dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority. . 240

Reason! To ensure the provision of satisfactory vehicular access facility

9. That before the dwellinghouses hereby permitted are occupied, private vehicular accesses, or driveways, of at least 10 metres in length, shall be provided and the first 2 metres of these accesses, beyond the limit of the adjoining road, shall be paved.

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

10. That any garage, or car port, erected within the curtilage of the site, shall be at least 6 metres from the heel of the footway.

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

11. That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of vehicular and pedestrian safety.

12. That before the development hereby permitted is completed, or brought into use, the existing vehicular access to the application. site, marked BLUE on the approved plans, shall be closed off and the .ground, within the area formerly occupied by the access, shall, thereafter, be reinstated as a footway.

Reason: In the interests of vehicular and pedestrian safety.

13. That before the development hereby permitted is completed or brought into use, a 2 metre wide footway shall be constructed along the full frontage of the site, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of pedestrian safety.

14. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

cc 24 1

List of Background Papers

Application form and plans dated 2 1/6/00 Bellshill and Mossend Local Plan Southern area Local Plan (Finalised Draft)

Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell. 242

APPLICATION No. S/OO/OO73O/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The applicant is seeking the renewal of a previously approved planning consent for the construction of two semi-detached dwellinghouses. The previous consent lasped on 19 July 2000, and there have been no alterations made to the original proposal.

1.2 The proposed dwellinghouses will be two storey, with front and rear garden ground and it is possible to achieve two off-street car parking spaces.

2. CONSULTATIONS

2.1 Scottish Power, BT, Coal Authority and West of Scotland Water were consulted during the processing of the previous application: no objections were received.

3. REPRESENTATIONS

3.1 One letter of representation has been received from notified neighbours. The basis for their representation is outlined below:-

The site is totally unsuitable for two dwellinghouses.

Comment: The site is currently no more than an area of hardstanding enclosed by walls of at least two metres high. Either side of the application site are residential properties and in my opinion the introduction of two dwellinghouseswould enhance this area of Bellshill. Whilst the site is fairly constrained, it should be noted that no alternative proposals have ever been submitted or discussed to/with my department.

The access is extremely dangerous.

Comment: Presently, the existing access is below the current roads guidelines. Conditions were attached to the previous consent to upgrade the access and the same conditions can be attached to any renewal consent.

There seems to be a requirement to remove part of our wall and we will not allow this to happen.

Comment: The previous consent was conditioned to take into account this previously raised concern, and the same condition can be attached to any renewal consent.

4. PLANNING ASSESSMENT

4.1 This application is simply the renewal of a consent previously approved on 20 July 1995. The principle has therefore been accepted. While the site is somewhat constrained, I have no objections and recommend that permission be granted subject to conditions. 243

Application No. s/oo/o 0740m~L Date registered 26 June 2000 APPLICANT JOHN JAMES AGNEW, 16 JAMES GRAY STREET, GLASGOW G413BS Agent DEVELOPMENT ALTERATIONS AND CHANGE OF USE TO HOT FOOD CARRY OUT LOCATION 21 GLASGOW ROAD, WISHAW

Ward No. 7 Grid Reference 279132 655359

File Reference S/PL/B/lO/17(97)/JL/AB

Site History No site history

Development Plan Village, Neighbourhood and Secondary Commercial Areas on North Lanarkshire Council Southern Area Local Plan - Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks planning consent for alterations and change of use of an existing, vacant shop to hot food cany out shop at 21 Glasgow Road, Wishaw. No objections were received from notified neighbours or via the local newspaper advertisement.

This particular stretch of shops at the bottom end of Wishaw have lain in a vacant, dilapidated state for a number of years. The current proposal will certainly tidy up what is considerably the worst part of the long terrace of shops and, due to the nature of hot food shops, the majority of trade is done after 6 pm which coincides with the lifting of waiting restrictions imposed on the adjacent road. All deliveries and servicing to take place from the rear of the premises which will be a condition of any planning permission. Any Environmental Health concerns can also be addressed by use of appropriate conditions.

245

In conclusion, I consider that this particular area could benefit from a new operation and bring a redundant building back into productive use. It should also be noted that the proposals have the support of the local member, the local MP and the Employment Services (job centre). I hereby recommend that planning consent is granted, subject to conditions.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

2. That all servicing and deliveries for this operation shall be taken from the rear of the development site i.e. Marshal1 Street.

Reason: In the interests of traffic and pedestrian safety in order to minimise the shop's impact on Glasgow Road.

3. That the noise generated by the operation of the ventilation system in the above premises, should not cause the sound pressure levels, as measured within any dwellinghouse in the vicinity, to exceed the Noise Rating (NR) 30.

Reason: To minimise the impact of the development on the nearby residential properties.

4. That details of any flue to be erected on the building shall be submitted and approved by the Planning Authority prior to it's installation.

Reason: To afford the Council the opportunity to assess it's visual impact on the area.

List of Background Papers

Application form and plans dated 26/6/00 Letter to applicant dated 16/5/00 from the Employment Service, 96 Kirk Road, Wishaw Letter to applicant dated 26/5/00 from Frank Roy MP, 265 Main Street, Wishaw North Lanarkshire Council Southern Area Local Plan - Finalised Draft Memo dated 10/7/00 from NLC Environmental Control Manager Memo dated 21/7/00 from NLC Transportation Manager Letter of support dated 13/7/00 from Councillor Love, Civic Centre, Motherwell 246

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lennon. 247

Application No. s/00/00802/FuL Date registered 3 July 2000 APPLICANT JAMES GEORGE CAMBPELL, 7 CROSSKIRK CRESCENT, STRATHAVEN MLlO 6FG Agent DEVELOPMENT SITING OF MOBILE SNACK BAR LOCATION LAND SOUTH OF 109 WESTWOOD ROAD, NEWMAINS

Ward No. 16 Grid Reference 282197 656551

File Reference SIpLiB/3/65(8 8)IJLIAB

Site History Planning permission was refused on 7/9/99 for erection of 3 illuminated Advert Hoardings (ref. no. S/99/00864/ADV) Planning consent was refused on 9/5/00 for Installation of 2 illuminated hoardings at the site (ref. no. S/00/00221/ADV). This decision is now subject to an appeal to the Scottish Executive.

Development Plan Other Commercial Uses on North Lanarkshire Council Southern Area Local Plan - Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

0bj ection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement One letter of objection

COMMENTS Planning consent is sought for the siting of a mobile snack bar on land south of 109 Westwood Road, Newmains. As can be deduced from the above site history, there have been two recent applications by the applicant, to gain some form of revenue from the vacant site. While both applications have been refused an appeal has been lodged for the latter. Two letters of objection have been received from neighbouring properties, details of which may be found in the accompanying report. The local member for the area has also expressed concerns about the proposal. Notwithstanding the objections received I hereby recommend that temporary planning consent is granted for two years.

249

RECOMMENDATION Grant, subject to the following conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on 16th August 2002.

Reason: To enable the Planning Authority to retain effective control, in order to afford the Council an opportunity to monitor the site..

2. The exact positioning of the vehicle on site shall be agreed in writing with the Planning Authority prior to it's installation but shall only be sited within the area hatched GREEN on the approved plan.

Reason: To ensure that the unit is positioned at an appropriate position.

3. That at all times the site shall be kept in a clean andtidy condition, to the satisfaction of the Planning Authority.

Reason: In the interests of visual amenity and to ensure that the site is kept tidy.

List of Background Papers

Application form and plans dated 3/7/00 North Lanarkshire Council Southern Area Local Plan - Finalised Draft Memo dated 2 1/7/00 from Divisional Transportation Manager Letter of objection dated 5/7/00 from Mr & Mrs Rea, 109 Westwood Road, Newmains Letter of objection dated 4/7/00 from Agnes and John McKenna, 57 Stewart Crescent, Newmains

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lennon. 250

APPLICATION NO. S/OO/OO 8 02RUL

REPORT

1. BACKGROUND AND PROPOSAL

1.1 The applicant seeks planning consent for the siting of a mobile snack bar on vacant land to the south of 109 Westwood Road, Newmains.

1.2 The application site is situated within an area allocated for ‘other commercial uses’ on the Southern Area Local Plan, is bounded by residential properties to the north and west, a shop to the south and Westwood Road on it’s eastern boundary with further 3 storey residential properties on the opposite side of the road.

1.3 The site at present is a vacant hardstanding area used on occasion by customers of the adjacent shop.

1.4 As stated, this is the applicant’s third attempt to gain planning consent on the site within the last 10 months. Both previous applications for Advertising Hoardings were refused by the Council on amenity grounds and that they could not be justified when tested against the criteria listed in the Local Plan for that particular type of development. An appeal has been lodged for the second refusal, and a decision from the Scottish Executive is awaited. The current application is for the siting of a mobile snack bar on the hardstanding, off the public highway.

1.5 The site has lain vacant for a number of years now with no apparent redevelopment interest.

2. REPRESENTATIONS AND OBSERVATIONS.

2.1 Two letters of objection were received, one from a notified neighbour i.e. the adjacent shop owner who also resides in the adjacent dwellinghouse on Westwood Road and the other objection was from nearby residential property. Their objections and my comments thereon are as follows:-

0 The snack bar is not needed in Newmains and would be a health and litter hazard.

Comment The first objection is not a valid planning concern for this small scale operation as we cannot determine whether or not an area ‘needs’ this type of development proposal. If allowed, I have specifically attached a condition to the consent that the applicant must keep the site clean and tidy at all times. The site has also only been granted for a temporary period of two years. This time limited consent will allow the Council to monitor the operation from this site for two years.

0 A shop requires toilets under government legislation, why doesn’t a snack bar.

Comment A snack bar is a moveable structure and does not require to provide toilet facilities. ._ 25 1

e The road is very busy and congested.

Comment I have no objection to the proposal in Traffic terms provided the snack bar be located towards the rear of the site.

e Planning consent was refused on appeal for a change of use of garage to chip shop at 109 Westwood Road, Newmains. It was refused due to the high volume of traffic.

Comment Planning consent was refused in December 1973 for the above proposal. The reason stated that “the establishment of retail premises in the position proposed would cause some drivers of vehicles to stop and park on the trunk road carriageway with consequent danger to other traffic”. This was appealed by the applicant, but was subsequently withdrawn. This application was at a different location and was unsuitable for the use applied for.

0 There is a chip shop a few hundred yards away and other outlets without the need for another.

Comment This is not a relevant planning concern.

3. CONCLUSION

3.1 Bearing the above in mind, I am of the opinion that the site can readily accommodate a snack bar, provided that it is situated to the rear of the site and covered by appropriate conditions, I therefore recommend that a temporary 2 year planning consent is granted subject to the stated conditions. 252

Application No. SlOOlOO8 19RUL Date registered 11 July 2000 APPLICANT STRATHCLYDE BUSINESS PARK DEVELOPMENTS LTD., 5 1 MELVILLE STREET, EDINBURGH EH3 7HL Agent Cooper Cromar, Newton House, 457 Sauchiehall Street, Glasgow G2 3LG DEVELOPMENT ERECTION OF CLASS 4 BUSINESS UNITS LOCATION LAND NORTH OF AND SOUTH WEST OF THE HILTON HOTEL PHOENIX CRESCENT, STRATHCLYDE BUSINESS PARK, BELLSHILL

Ward No. 23 Grid Reference 272700661682

File Reference S/PL/B/9/11 l/SP/AB

Site History 250193 granted 16/ 1 1/93 ) 250/93 Amend 1 granted 1/6/94 ) Construction of Business 250/93 Amend 2 granted 5/7/95 ) & Industrial Units 95/00756/Amend granted 11/12/95 )

Development Plan Bellshill and Mossend Local Plan Adopted 1985 - Greenbelt Southern Area Local Plan Finalised Draft 1998 - Industrial and Business Development Opportunities

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application is for the construction of five separate buildings providing a total of 11,800 square metres of office accommodation within a landscaped setting on two sites accessed from Phoenix Crescent.

The largest of the buildings with a floorspace of 4647 square metres is located on a prominent site at the entrance to Strathclyde Business Park. The remaining four units ranging in size from approximately 1500 square metres to 2300 square metres are proposed on a site to the north

of the Strathclyde Hilton Hotel. .- .

2 54

The buildings have been designed to a high standard which reflects the materials and quality of existing buildings within the Business Park. The proposed development represents S 10.5 million of prestigious private investment which will bring further employment to the Bellshill area and, consequently, it is recommended that planning permission be granted subject to conditions.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

2. That within 3 months of the commencement of development a scheme of landscaping and associated works shall be submitted to and approved by the Planning Authority, and the scheme shall include:-

(a) details of the number, species and location of trees and shrubs to be planted; (b) an indication of any existing trees and hedgerows to be retained, and measures for their protection in the course of development; (c) details in respect of the construction of the water features, including cross sections and the locatioddesign of any pump houses and footbridges and (d) details of the surface treatment of the car parking areas (including designated disabled spaces) and footpaths.

Reason: To accord with the general terms of condition (1 1) of Outline Planning Consent No. 66/89 and detailed consent no. 250/93.

3. That the landscaping and associated works approved under the terms of condition (2) above shall be implemented simultaneously with the construction of the buildings, in accordance with accepted construction practices, and shall be completed within six months of the buildings being completed, and thereafter all the soft landscaping areas, water features, car parks and footpaths shall be maintained by the applicant to the satisfaction of the Planning Authority.

Reason: To accord with the terms of condition (12) of the Outline Planning Consent No. 66/89 in the interests of amenity.

4. That all foul drainage, yard and internal drains shall be connected to the public foul sewer systems, and oil interceptors shall be provided on surface water drains serving car parking areas, all to the satisfaction of the Planning Authority in accordance with the specifications of the Scottish Environment Protection Agency.

Reason: To prevent pollution of watercourses within the vicinity of the Business Park in the interest of amenity and nature conservation. 255

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

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

6. That car parking provision of 5 spaces per 1 00m2 gross floor area shall be provided.

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

7. That before each business unit is occupied, all the associated parking and manoeuvring areas shown on the approved plans shall be levelled, properly drained and surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works and shall, thereafter, be maintained as parking and manoeuvring areas.

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

8. That the connection from Phoenix Crescent to the business units shall be by a 5.5 metre wide access with 6 metre radii and delineation provided across the access along the line of the heel of the footway and pedestrian dropped kerbs shall be provided at the proposed access in accordance with the specification of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

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

9 That a visibility splay of 4.5 metres x 60 metres, measured from the roadchanel, shall be provided from the proposed access onto Phoenix Crescent in both directions and before the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interest of road safety.

10. That, notwithstanding the terms of any unimplemented planning consents at Strathclyde Business Park, no works of any description shall be carried out within the West Industrial Site, the North site or part of the Phase Three Site (as hatched YELLOW, BLUE and ORANGE respectively on the approved Business park Masterplan) until the road improvements required in terms of condition No. 13.1 of Planning Consent No. 250/93 dated 16th November 1993 have been implemented to the satisfaction of North Lanarkshire Council.

Reason: to ensure that the “Diamond Interchange” at the A725 Trunk Road can cope satisfactorily with the increased traffic generation in the interests of road safety. Y 11. 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, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in detail. 256

List of Background Papers

Application form and plans dated 7/7/00 Letter from Cooper Cromar dated 7/7/00 Bellshill and Mossend Local Plan adopted 1985 Southern Area Local Plan Finalised Draft 1998

Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Shirley Penman. 257

Application No. S/00/00875/AMD Date registered . 25 July 2000 APPLICANT MR & MRS EGAN, 11 NEWLANDS ROAD, UDDINGSTON Agent DEVELOPMENT SUBSTITION OF MATERIALS LOCATION 11 NEWLANDS ROAD, UDDINGSTON

Ward No. 21 Grid Reference 269913 66191 1

File Reference S/PL/B/9/83(75)IAlUJF

Site History Extension to dwellinghouse, approved 2 1 June 2000, ref: S/00/00342/FUL

Development Plan Uddingston and Tannochside Town Map - Residential Southern Area Local Plan (Finalised Draft) 1998 - Residential

Contrary to Development Plan NO

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The applicants are seeking planning permission for the substitution of materials on the gable end of their recently approved two storey side extension. The applicants propose to change the finishing material from roughcast to facing brick. At the time of writing, no representations had been received. However, letters from the most affected neighbours have been received by both my department and by the Director of Housing, outlining their objection to the two storey extension.

RECOMMENDATION

Grant, subject to the following condition, viz;

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

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

259

List of Background Papers

Application form and plans dated 25/7/00 Uddingston and Tannochside Town Map Southern Area Local Plan (Finalised Draft)

Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for Allison Russell. 260

APPLICATION No. S/00/00875/AMD

REPORT

1. SITE AND PROPOSAL

1.1 The applicants are seeking planning permission for the substitution of roughcast to facing brick for their recently approved two storey side extension at 11 Newlands Road, Tannochside.

1.2 The applicants contacted my department, shortly after Committee approved their original application, to advise that their neighbours at 13 Newlands Road, were denying them access onto their property to roughcast the gable end. The only alternative is for the builders to use a facing brick instead of the intended roughcast.

1.3 The applicants propose to use Ibstock Tiree Antique Beige facing brick.

2. CONSULTATIONS

2.1 None required.

3. REPRESENTATIONS

3.1 At the time of writing no representations had been received in connection with this particular application. However, prior to the application being submitted, the neighbours at 13 Newlands Road wrote to my department stating that would not allow builders and scaffolding on to their property.

4. CONCLUSION

4.1 The applicants would much prefer a roughcast finish on the gable end and have tried resolving the matter with their neighbours. To date, it would appear that the matter remains unresolved and the only solution is to complete the wall in facing brick.

4.2 I have no objection to the proposal and recommend to Committee that this application is approved. Basically this will allow the applicants to complete their extension with facing brick if they cannot resolve the access position with their neighbours. While roughcast would be marginally preferable, the suggested facing brick is acceptable.