AGENDAITEM

North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Plann i n g A p p Iica t io ns for consid era t ion of Planning and Environment Committee

Committee Date : 1lfh October 2006

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 11th October 2006

Page Application No. Applicant DevelopmentlLocus Recommendation No 31 N/05/01935/OUT Mr Jim Purdon Residential Development Grant (P) Moodiesburn House Hotel 6 Cumbernauld Road Muirhead

38 N/06/00340/AMD Calum McDonald Amendment to the Position Grant of a Dwellinghouse 680 Stirling Road Luggiebank

43 N/06/01032/FUL Calum McDonald Construction of a Grant Dwellinghouse 680 Stirling Road Request for Site Luggiebank Visit and Hearing

52 N/06/01283/FUL Mrs. J. Robertson- Construction of a Grant Gregg Dwellinghouse Land to the rear of 38 Mount Request for Harriet Drive Site Visit Stepps

58 N/06/01530/FUL Vodafone Ltd. Upgrading of Rooftop Grant Telecommunications Site (Three Antenna & Equipment) BuchananTower Cumbernaukd Road Stepps

63 C/06/00346/AMD Rea Development Conversion of Barn with New Grant Ltd. Build to Form 17 Dwellinghouses with Associated Roads (Amendment to C/05/01908/FUL) at Rochsoles Farm, Raebog Road, Glenmavis

73 C/06/01162/LBC Rea Developments Conversion of Barn in Grant Ltd. Association with New Build (Amendment to C/05/01908/FUL) at Rochsoles Farm, Raebog Road, Glenmavis

80 C/06/00383/FUL Mr Tariq Ali Erection of Two Shop Units Grant with 3 Flatted Dwellinghouses Above on Land at 159-161 Calder Street, Coatbridge 86 C/06/01278/FUL Mr G. Harper Erection of 3 Dwellinghouses Grant at Plot B, 113 Main Street, Longriggend

94 C/06/01350/FUL Mr John Wilson Erection of Detached Grant Garage and Screen Fence to Rear of Dwellinghouse (In Retrospect) at 4 Dundonald Crescent, Old Monkland, Coatbridge

100 C/06/01375/REM Mr Andrew Begley Erection of Dwellinghouse Grant (Approval of Reserved Matters) on Land South of 2 Crieff Avenue, Chapelhall

105 C/06/01428/0UT Allden Homes Erection of Two Grant Dwellinghouses (in Outline) at Land To The West Of Request for Site 99 Main Street, Longriggend Visit

111 S/O3/00398/FUL Douglas Park Formation of Vehicular Refuse Access 517 Windmillhill Street, Request for Site Motherwell Visit and Hearing

116 S/04/00645/FUL Wishaw & District Residential Development Grant Housing Association Comprising 14 Flatted Ltd Dwellings & 32 Request for Site Dwellinghouses Visit and Hearing Land North of 92-1 10 Woodside Crescent, Newmains

126 S/06/01106/FUL Glasgow Healthcare Construction of 110 Grant Bedroom Nursing Home Land at Buchan Road Carfin Industrial Estate Motherwell

135 S/06/01124/FUL Arlene & Gary Henry Two Storey Side Extension Refuse to Dwellinghouse 36 Aultmore Drive, Carfin

140 S/06/01361/FUL Mr Edward Coakley Alteration to Front Elevation Grant of Public House 61 Hamilton Road, Bellshill Request for Site Visit & Hearing

145 S/06/01393/OUT Mr James Griffen Erection of a One and a Half Refuse Storey Dwellinghouse (In 0u tl i ne) 1 Kilmory Avenue, Uddi ngston

151 S/06/01439/AMD Allanton Properties Erection of Two Semi - Refuse Ltd Detached Dwellinghouses Land Adjacent To 2 Station Request for Site Road, Cleland Visit and Hearing 157 S/06/01455/FUL National Australia Installation of ATM Within Grant Group Ltd Sho p-f ro nt 181 Allanton Road, Allanton, Shotts

(P) If granted, Section 69 and Section 75 Agreements to be concluded Application No: N/05/01935/OUT

Date Registered: 25th November 2005

Applicant: Mr Jim Purdon Barraston Holdings Torrance Glasgow G6 4BW

Agent Keppie Planning Ltd 160 West Regent Street Glasgow G2 4RL

Development: Residential Development

Location: Moodiesburn House Hotel 6 Cumbernauld Road M uirhead Glasgow G69 QAA

Ward: 68 Moodiesburn West and Gartcosh Councillor Joseph Shaw

Grid Reference: 269845670237

File Reference: N/05/01935/OUT

Site History: No Applications of Relevance

Development Plan: The site is covered by Policy HG3 (Retention of Residential Amenity) in the adopted Northern Corridor Local Plan 2005.

Contrary to Development Plan: No

Consultations: Swttish Exec. Trunk Roads Management (Comments) Scottish Environment Protection Agency (Comments) Scottish Water (0bjection)

Representations: None Received

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of 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. A 6Cumbernauld Road Muirhsad Resldentlal Development Slte &sa 1 24 Hedares That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition above, shall be made to the Planning Authority.

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

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 provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (9) details for management and maintenance of the areas identified in (d),(e) and (f) above; (h) the design and location of all boundary walls and fences; (i) details of existing trees, shrubs and hedgerows to be retained; (j) the phasing of the development; (k) the provision of drainage works; (I) the disposal of sewage; (m) details of existing and proposed site levels.

Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area, traffic and pedestrian safety and the amenity and wellbeing of future residents of the site.

That notwithstanding the generalities of Condition 3, the reserved matters application shall include the following:- (a) written confirmation from Scottish Water that the site can be provided with an acceptable water supply and a foul sewerage system which would not contribute to the premature operation of consented downstream overflows; (b) details of the proposed surface water surface drainage scheme which must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

Reason: To enable the Planning Authority to consider these aspects in the interests of ensuring that the drainage scheme complies with best SUDS practice, to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

That notwithstanding the generalities of Condition 3, the reserved matters application shall also include:- (a) details of all proposed noise mitigation measures to be utilised within the site; (b) a report from a qualified noise engineer confirming that the measures proposed are sufficient to result in an internal daytime noise level of less than 45dB and an internal night time noise level of less than 35dB for all of the proposed dwellings within the site.

Reason: To enable the Planning Authority to consider these aspect in the interests of the visual amenity of the site and the surrounding area and in the interests of the amenity and wellbeing of existing and future residents of the development site. 6. That notwithstanding the generalities of Condition 3, the reserved matters application shall include details of the proposed access from the A80 and that except as may otherwise be agreed by the Planning Authority, in consultation with the Roads Authority it shall comply with following requirements:- (a) provide visibility splays which shall be triangles of ground bounded by the first 9 metres of the centreline of the access (the set back dimension) and the nearside trunk road carriageway for 90 metres in both directions from the intersection of the access with the trunk road (the y dimension). In a vertical plane nothing shall obscure visibility measured from a drivers eye height of between 1.05 metres and 2 metres positioned at the set back dimension to an object of between 0.26 metres and 1.05 metres anywhere along the y dimension: (b) be to a standard as described in the Department of Transport Advice Note TA 41/95 (Vehicular Access to All-Purpose Trunk Roads) (as amended in Scotland) complying with Layout 3; (c) have no drainage connections to the Trunk Road drainage system;

Reason: In the interests of traffic safety.

7. That notwithstanding the generalities of Condition 3, the reserved matters application shall include details of the proposed alterations to the existing Trunk Road Lighting and details of the proposed development lighting.

Reason: To enable the Planning Authority to consider these aspects in the interests of traffic safety.

NOTE TO COMMITTEE

If granted, the planning permission will not be issued until the following legal agreements have been concluded:-

An agreement under Section 69 of the Local Government (Scotland) Act 1973 to secure funding for the provision of a revised junction, which includes right turn storage facilities on the MO.

An agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 to secure the continued use of the 'parking area by visitors to Bedlay Cemetery for a further period of 30 months from the date of the grant of outline planning permission.

Background Papers:

Application form and plans received 25th November 2005 Supporting Statement from Keppie Planning received 25th November 2005 Letters from Keppie Planning received 6'h February, 4thMay 2006 & 28'h September 2006. Phase 1 Environmental Risk Assessment by Envirocentre received 4thMay 2006 Noise Assessment received by Envirocentre 4'h May 2006

Memo from NLC Traffic & Transportation Team Leader (Northern Area) received 6th January 2006 Copy Letter from NLC Traffic & Transportation Team Leader (Northern Area) to Dougal Baillie Associates received 12'h June 2006 Memo from NLC Head of Protective Services received 20th December 2005 Letter from Scottish Executive Trunk Roads Network Management received 23rd December 2005 Letter from Scottish Environment Protection Agency received 23rd December 2005 Letter from Scottish Water received 5th December 2005

Any person wishing to inspect these documents should contact Mrs Mary Stewart at 01236 616473.

Date: 3 October, 2006 APPLICATION NO. N/05/01935/0UT

REPORT

1. Description of Site and Proposal

1.I The site lies immediately to the south of the A80 trunk road within the settlement of Moodiesburn. Bedlay Cemetery lies to the west of the site and there is agricultural land to the south. To the east of the site there is a small group of residential properties and further agricultural ground. To the north, beyond the A80 is a flatted development and a wooded area.

1.2 The site is approximately 125 metres from a light controlled junction on the A80. It is currently occupied by the Moodiesburn House Hotel, with two separate access points from the trunk road. The hotel operates from 4 separate blocks. A section 75 agreement exists which provides for use of part of the parking area by visitors to Bedlay Cemetery, which adjoins the site.

1.3 The applicant seeks outline planning permission for residential development of the site. The indicative site layout shows a total of 86 flats in a three and four storey format with associated parking and infrastructure. It is proposed that the development would be served by a single new access to the site.

2. Development Plan

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

2.2 The site lies within an area covered by Policy HG3, which seeks to protect the amenity of established residential areas, in the adopted Northern Corridor Local Plan 2005. Policy HGI identifies potential sites for new residential development within the plan area. Policy HG4 is also of relevance in that it provides guidelines for the assessment of new residential development.

3. Consultations and Representations

3.1 Scottish Water objected to the proposed development, but stated the objection could be deemed to be withdrawn subject to the imposition of Conditions requiring the developer to demonstrate no adverse effect from the development on their infrastructure and reaching agreement with them on the provision of water supply and drainage facilities.

3.2 The Scottish Environment Protection Agency commented on the need for a SUDS based system for surface water treatment. Whilst they advise that foul drainage should be connected to the public sewer they seek assurance from Scottish Water that this will not contribute to premature operation of consented storm overflows.

3.3 The Scottish Executive, Trunk Roads Network Management Directorate (Transport Scotland) commented on the acceptability of the proposed development subject to the imposition of Conditions to ensure adequate standards of safety in relation to the trunk road.

3.4 My Traffic and Transportation Section recommended that the proposed development be refused on the grounds that the proposed site access arrangements were unacceptable in that no right turn facilities were to be provided for drivers exiting / entering the site. This advice was contrary to that of Transport Scotland, who currently have responsibility for management of the trunk road network. However, it is anticipated that on completion of the A80 upgrade, (circa 2011) this section of the A80 will be de-classified as a trunk road and responsibility for its management will revert to the Council. My Transportation Section subsequently agreed a revised access layout which could be implemented when the A80 is de-classified and indicated they would then support the proposal subject to securing funding to allow the implementation of the works. The applicant has indicated his acceptance of the need for an Agreement under Section 69 of the Local Government (Scotland) Act 1973 to secure this funding.

3.5 My Pollution Control Section commented that a Phase 1 Site Investigation Report should be submitted and advised of the need for a Noise Impact Assessment because of the close proximity of the proposed residential areas to the A80. Both reports were subsequently submitted on behalf of the applicant. The Site Investigation Report revealed no cause for concern that the site may be unsuitable for residential use. The Noise Assessment Report highlighted the need for noise mitigation to be a key design consideration in the detailed proposals for the site, including the provision of a noise barrier and mitigation measures.

4. Planning Assessment and Conclusions

4.1 Under Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. The proposed development raises no strategic issues and is in accordance with Policy HG3 of the adopted Northern Corridor Local Plan 2005. Whilst not specifically identified as a housing opportunity under the terms of Policy HGI, there is nothing to suggest that the site would not provide an acceptable standard of residential environment in accordance with the guidelines established by Policy HG4.

4.2 The applicant has indicated his acceptance of the need to enter into a Section 69 Agreement in order to provide the funding required to meet the cost of the alterations to the A80 (f150 000). This will allow the Council to execute the required works when the A80 is de-classified, should the development proceed.

4.3 The applicant has also indicated his acceptance of the need to enter into a Section 75 Agreement to secure the continued use of part of the existing hotel parking area for visitors to Bedlay Cemetery for a period of 30 months from the date of the grant of outline planning permission.

4.4 I am satisfied that the all of the remaining issues raised by consultees can be appropriately addressed either through the imposition of conditions or at the detailed planning stage. None of these issues outweigh the other relevant material considerations or would be so significant as to merit the withholding of consent. Accordingly, it is recommended that outline planning permission be granted-subjec4to conditions.

. Application No: N/06/00340/AMD

Date Registered: 25th July 2006

Applicant: Calum McDonald 680 Stirling Road Luggiebank Cumbernauld

Development: Amendment to position of dwellinghouse

Location: 680 Stirling Road Luggiebank Cum bernauld

Ward: 60 Carbrain East Councillor William Homer

Grid Reference: 276363672787

File Reference: N/06/00340/AMD

Site History: 0 N/01/00104/OUT: Erection of Dwellinghouse (In Outline), Granted 12 July 2001 0 N/03/00230/FUL: Construction of a Dwellinghouse, Granted 5 August 2003 0 N/05/01695rTPO: Various Tree Works, Granted 7 December 2005 0 N/06/01032/FUL: Construction of a Dwellinghouse, also being considered at this meeting

Development Plan: The site is covered by Residential Policy HG4 (Protection of Residential Amenity) of the Cumbernauld Local Plan 1993

Contrary to Development Plan: No

Consultations: None required

Representations: One letter of representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

1. That within 6 months of the date of this permission, 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. Amendment to the Position of a Dwellinghouse * Representation 2. That within 6 months of the date of this permission, full details of all external materials to be used in construction, including 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.

3. That the use of the garage and workshop 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 workshop.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 25th July 2006

Letter from Friels Solicitors & Notaries, The Cross, Uddingston, G71 7ES received 10th August 2006.

Any person wishing to inspect these documents should contact Mr Graeme Lee at 01236 616474. APPLICATION NO. N/06/00340/AMD

REPORT

1. Description of Site and Proposal

1.1 This application seeks retrospective planning permission for an amendment to the position of the house that is currently being built on the site. The applicant has indicated that when test excavations were made for the foundations for the house, wooden piling was encountered. It was presumed that these piles formed part of the foundations for the bridge. Being aware that this structure was listed, the applicant moved the foundations of the proposed house away from the road and the bridge.

1.2 At its closest, the position of the house has moved some 7 metres further away from the road. Although a revised Building Warrant was granted, the applicant did not seek an amendment to his planning permission. Current application N/06/01032/FUL (also being reported to this Committee) for the subdivision of the plot and the erection of a new house highlighted the discrepancies between the situation on the ground and the approved plans.

2. Development Plan

2.1 The development raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000, and accordingly needs only to be assessed against the provisions of the Cumbernauld Local Plan.

2.2 The site lies within an established residential area and is covered by Policy HG4 of the Cumbernauld Local Plan 2003. This policy seeks to protect residential areas from inappropriate developments.

2.3 The site is covered by the Luggiebank Tree Preservation Order and the nearby bridge is a Category B Listed Structure.

3. Consultations and Representations

3.1 No consulations were carried out on this application.

3.2 One letter of representation has been received on behalf of the owner of 678 Stirling Road. The points raised and my comments thereon are summarised below:

0 Land ownership dispute - the applicant does not own all of the land indicated on the application plan. In particular, the ability of the applicant to form the access road is questioned. The applicant has also removed a retaining wall not belonging to him.

Comment It is noted that their is a dispute between the applicant and the objector regarding land ownership issues, in particular the position of their respective titles. The assertion by the objector is that the applicant does not have sufficient space to form a driveway to serve the existing house let alone serve the additional house which is the subject of planning application N/06/01032/FUL. This is a matter for the two parties to resolve through the appropriate legal channels. It is understood that the related court case is underway with a decision anticipated in early December.

The applicant has indicated on his plans that he has sufficient land to form an access driveway. Nevertheless, with regards to the house currently being built, there is sufficient space to the front of the house to allow off street parking. Accordingly, although desirable from the applicant’s point of view, to afford access to the garage to the rear of the house, the driveway is not essential. Furthermore, it should be noted that the repositioning of the house relates only to it being moved further back from the road. It has not moved closer to the objector’s property.

4. Plannina Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, I am satisfied that the proposed development accords with the policies contained in the Cumbernauld Local Plan 2003.

4.2 The site lies within an established residential area. This being the case, there is a presumption in favour of residential development so long as the development can be implemented without adversely impacting upon existing levels of residential amenity. I am satisfied that the revised position of the house on the plot (some 10 metres back from the road) is acceptable in planning terms. It should be noted that the revised position is similar to that of the existing houses on this side of Stirling Road.

4.4 Notwithstanding the objections from the neighbour at 678 Stirling Road, I am satisfied that the proposed development is acceptable in planning terms. Accordingly, it is recommended that planning permission be granted. Application No: N/06/01032/FUL Date Registered: 15th June 2006

Applicant : Mr Calum McDonald 680 Stirling Road Luggiebank Cumbernauld

Development: Construction of a Dwellinghouse

Location: 680 Stirling Road Luggiebank Cum bernauld

Ward: 60 Carbrain East Councillor William Homer

Grid Reference: 276363672787

File Reference: N/06/01032/FUL

Site History: 0 N/01/00104/0UT: Erection of Dwellinghouse (In Outline), Granted 12 July 2001 0 N1031002301FUL: Construction of a Dwellinghouse, Granted 5 August 2003 0 N/05/01695/TPO: Various Tree Works, Granted 7 December 2005 0 N1061003401AMD: Amendment to position of dwellinghouse, also being considered at this meeting

Development Plan: The site is covered by Residential Policy HG4 (Protection of Residential Amenity) of the Cumbernauld Local Plan 1993

Contrary to Development Plan: No

Consultations: Historic Scotland (No response) West of Scotland Archaeology Service (No objections) Scottish Environment Protection Agency (Conditions) Scottish Water (No response)

Representations: Three letters of representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, written confirmation shall be submitted to the said Authority from Scottish Water and SEPA confirming that the site can be provided with an acceptable foul sewerage and water supply system.

Reason: To satisfy the Planning Authority that the proposed sewerage system and water supply system both comply with best practice in the interests of the amenity and wellbeing of existing and future residents

3. That the upon completion of the dwellinghouse hereby permitted the finished ground levels and finished floor levels shall accord with the levels shown on the approved plans.

Reason: To safeguard the dwellinghouse from flooding.

4. That before the development starts, a report by a qualified tree surgeon shall be submitted to and approved in writing by the Planning Authority providing full details of the following matters:

1. Confirmation that the development can proceed without adversely affecting any of the protected trees within or adjacent to the site. 2. Details of any trees to be felled, lopped or topped to allow the development to proceed.

Reason: To ensure that these matters are considered in detail in the interests of general amenity

5. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the protected trees and hedges within the application site and shall be retained for the duration of the works on site and only removed with the approval in writing of the Planning Authority.

Reason: To ensure that trees are safeguarded from damage during construction works.

6 That notwithstanding what is shown on the approved plans, before the development starts, a revised plans shall be submitted for the written approval of the Planning Authority detailing the following:

a) details of the measures to be taken to form a 5.4 metre wide dropped kerb access to the satisfaction of the Council as Roads Authority b) details of the measures to be to increase the width of the public foot way to a minimum of 1.4 metres along the frontage of Stirling Road c) details of the surface to be used for the access road and turning/parking areas d) cross sections detailing an access road with a gradient no greater than 1 in 8 e) an amended delineation between the two plots to enable turning facilities to be provided within both plots to ensure that all vehicles can leave the site in a forward gear. f) in curtilage parking shall be provided at the following levels: 1 - 2 bedroom - 2 * spaces 3 - 4 bedroom - 3 * spaces 5 + bedroom - 4 * spaces

(* Garages will only be included in the parking assessment if they have minimum internal dimensions of 3.0m wide x 5.5m long)

Reason: In the interests of pedestrian and road safety and to ensure that there is adequate parking within the plot. 7. That before the work is commenced on the construction of the new dwellinghouse hereby approved, the access road and parking area shall be completed and surfaced in accordance with the details approved under the terms of Condition 6 above or such other temporary surface as may first be approved in writing by the Planning Authority.

Reason: In the interests of pedestrian and road safety and to ensure that there is adequate parking within the plot.

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

Reason: To ensure that these matters are considered in detail.

9. That before the new dwellinghouse is occupied, the fences, or walls, as approved under the terms of condition 8 above, shall be erected

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

10. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs of both the extensions to the existing dwellinghouse and on the new dwelling shall be submitted to, and approved in writing by the Planning Authority.

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

11. That the new dwelling and the extensions to the existing dwellinghouse shall be constructed using the materials approved under the terms of Condition 10 above.

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

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

(a) details of 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 measures to be taken to improve the habitats within the site especially along the boundary of the site with the Luggie Water.

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

13. That within one year of the occupation of the dwellinghouse hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 12 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 area

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

Reason: To safeguard the residential amenity of the area. 15. 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 new dwellinghouse hereby permitted, other than that expressly authorised by this permission.

Reason: To safeguard the residential amenity of the area and to control future extensions to the dwelling in the interests of the proper planning of the area.

16. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the garage shall not be altered internally or externally or used other than for the garaging of motor vehicles or storage ancillary to the dwellinghouse.

Reason: To safeguard the residential amenity of the area and to control future extensions to the dwelling in the interests of the proper planning of the area.

Background Papers:

Application form and plans received 15th June 2006

Memo from Traffic and Transportation Team Leader (Northern Division) received 3rd July 2006 Memo from PE Geotechnical Team received 26th July 2006 Memo from NLC Community Services received 18th July 2006 Letter from West of Scotland Archaeology Service received 28th June 2006 Letter from Scottish Environment Protection Agency received 31 st July 2006

Letter from Friels Solicitors & Notaries, The Cross, Uddingston, G71 7ES received 23rd June 2006. Letter from Jane MacPherson, Burnbrae, 678 Stirling Road, Luggiebank, Cum bernauld, G67 4AB received 4th July 2006. Letter from Friels Solicitors & Notaries, The Cross, Uddingston, G71 7ES received 20th July 2006.

Any person wishing to inspect these documents should contact Mr Graeme Lee at 01236 61 6474. APPLICATION NO. N/06/01032/FUL

REPORT

1. Description of Site and ProDosal

1.I The application site lies on the northern edge of Luggiebank and was formerly part of the substantial garden ground associated with the house at 678 Stirling Road. The application proposes the subdivision of a recently established residential plot. The proposed house is to be constructed to the rear of the new house that is currently being built on the plot. The application site is separated from the existing house at 678 Stirling Road by a steep wooded slope. The application site sits at a lower level.

1.2 The proposed house will share the driveway formed to serve the house that is currently being built. The design of the proposed house is also similar. It is proposed that the 3 bed roomed house will be split level and will be built into the slope. The proposed house will be similarly orientated. At the rear, and facing towards the road, the house will appear to be single storey in proportions (albeit there will be a bedroom in the roof space with velux windows). At this level, and facing the road, there will be the entrance, hall and garage i.e. the house will not have any public rooms facing the road, instead these will over look the garden and the Luggie. Again this is the same arrangement as the house currently under construction.

1.3 As submitted the application was in outline. However, it was suggested that the applicant may wish to amend his application and seek detailed planning permission. This was done for two reasons. Firstly, the applicant had already provided drawings sufficient for a detailed planning application. Secondly, the constraints of the site, and the relationship with the house currently being built, are such that the layout and positioning of the house are crucial. This requires an individual solution and accordingly an outline application is not wholly appropriate.

1.4 During the processing of the application and in response to comments made by SEPA there has been a slight change in the position and orientation of the proposed house.

1.5 The applicant re-notified the adjacent neighbour at 678 Stirling Road of the change in the status of the application and the reorientation of the house.

2. Development Plan

2.1 The development raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000, and accordingly needs only to be assessed against the provisions of the Cumbernauld Local Plan.

2.2 The site lies within an established residential area and is covered by Policy HG4 of the Cumbernauld Local Plan 2003. This policy seeks to protect residential areas from inappropriate developments.

2.3 The site is covered by the Luggiebank Tree Preservation Order and the nearby bridge is a Category B Listed Structure.

3. Planninn Histoly

3.1 In 2001, an outline planning consent was granted for the construction of one house on the land to the north of 678 Stirling Road. Following on from which, in August 2003, detailed planning permission was granted for a house with a road to be formed down the slope to enable access to the garage. The positioning of the house on the plot was largely dictated by the existing slopes. Even so the applicant has had to import material to form his access road and to create the platform upon which the house is being constructed. This is a difficult site to develop and, although work has been commenced, progress has been slow.

3.2 Planning application N/06/00340/AMD is also being reported to this committee. This application seeks retrospective planning permission for an amendment to the position of the house that is currently being built. The applicant has indicated that when test excavations were made for the foundations for the house wooden piling was encountered. It was presumed that these piles formed part of the foundations for the bridge. Being aware that this structure was listed, the applicant moved the foundations of the proposed house away from the road and the bridge. At its closest, the position of the house has moved some 7 metres further away from the road. Although a revised Building Warrant was granted, the applicant did not seek an amendment to his planning permission. The current application for a new house highlighted the discrepancies between the situation on the ground and the approved plans.

4. Consultations and Representations

4.1 Consultation responses have been received as follows:

1. West of Scotland Archaeology has no objections.

2. My Traffic and Transportation section does not object to the proposed house being accessed from the existing driveway but do point out that the existing driveway is very steep (maximum gradient should not exceed 1 in 8). Conditions are also recommended regarding the layout of the geometry of the access and parking. It is also pointed out that the improvements to the public footway (widening), initially requested at the time of the detailed planning application, were not covered in the planning permission.

Comment: The original planning permission did not impose a planning condition regarding the gradient of the access. However, the approved plans include a cross section that details a driveway at 1 in 8. The applicant has confirmed that this will be achieved. Planning conditions can address the other matters raised.

3. NLC Community Services have concerns regarding the development of this site highlighting in particular, the proximity of the site to the Luggie Water Site of Nature Conservation Value (SINC) and the fact that the site is covered by a Tree Preservation Order. Conditions regarding tree protection are recommended.

Comment: As a result of current construction works on the site, the site has been substantially disturbed as such it is considered that a further house would not have any further adverse impacts. In any event tree protection and appropriate landscaping can be addressed by planning conditions. It should be noted that the applicant is keen to improve the habitat along the riverbank and is also proposing the removal of the Leylandii trees.

4. My Protective Services Section has indicated that a full site investigation be carried out.

Comment: Given that the application site was previously private garden ground and that planning permission exists for the construction of a dwelling and access road on part of this site (in the process of being implemented) this is not considered to be necessary or reasonable in this instance.

5. The Scottish Environment Protection Agency (SEPA) has no objection. With regards to the flood risk assessment SEPA pointed out that a small section of floodplain would be lost if the house were built in the indicated position. SEPA also advise that written assurance should be sought from Scottish Water that a sewer connection is feasible; that any waste materials imported to the site require their authorisation and that measures need to be taken on site to prevent pollution. Comment: The house has been repositioned on the site to ensure that the floodplain remains intact. A planning condition will be imposed regarding the appropriate treatment of sewagelsewer connections.

6. My Geotechnical Team Leader has indicated that he has no records of flooding in the vicinity of the proposed house. Nevertheless, he points out that the submitted flood risk assessment does not take account of potential blockages downstream from the development. Accordingly, an inspection and maintenance regime is recommended. The need to ensure that sewage is treated in an appropriate manner is also highlighted.

Comment: A note will be attached to the planning permission advising the applicant that it would be in the interests of future occupants of the house to periodically inspect the watercourse downstream of the application site to ensure that there are no blockages or restrictions to the watercourse.

4.2 Three letters have been received from the owner of 678 Stirling Road, one directly from the owner of the property requesting that a site visit and a hearing takes place. The other two letters have been lodged by her solicitors. The following is a summary of the matters raised along with my comments:

0 Access - the access will not be sufficient for either emergency or construction vehicles.

Comment: My Traffic and Transportation Section has no objections to the use of the shared driveway.

0 Erosion - the works to form the driveway have destabilised the slope with no details of retention being provided.

Comment: It is the applicant’s responsibility to ensure that any works undertaken on his site do not affect his neighbour’s property.

Environmental Damage - felling of trees not belonging to the applicant and the access will encroach upon a badger sett

Comment: Other than those he had permission to fell, I am not aware that the applicant has felled any trees. There is no evidence of a sett within or immediately adjacent to the application site. The applicant does concede that there would appear to be an area occasionally used by Badgers on the slope within his neighbour’s garden, but well back from the access road. In any event, the works to form the access road and the on going construction work will already had an impact on wildlife in the area. A further house, sharing the same access is not considered to have a significant further impact.

0 Failure to progress the build or comply with existing planning conditions particularly with regards to the submission of details regarding the design of fences and walls.

Comment: There is no planning requirement to complete a development that has planning permission within a set timescale. The applicant has implemented his permission and as such is free to complete the development at his own pace. With regard to the submission of details of any fences or walls, this is not considered to be fundamental to the development and the applicant will be reminded of the requirements of his planning permission.

0 Legal action has been initiated regarding a land ownership dispute. There is insufficient ground available to form the driveway; the current access is outside applicant’s ownership Comment It is noted that there is a dispute between the applicant and the objector regarding land ownership issues, in particular the position of their respective titles. The assertion by the objector is that the applicant does not have sufficient space to form a driveway to serve the existing house let alone serve an additional house. The objector has indicated that there is only 2 metres between the edge of the house being constructed and the land under the applicant's ownership. This is a matter for the two parties to resolve through the appropriate legal channels. It is understood that the related court case is underway with a decision anticipated in early December.

The applicant has indicated on his plans that he has sufficient land to form an access driveway. Nevertheless, with regards to the house currently being built, there is sufficient space to the front of the house to allow off street parking. Accordingly, although desirable from the applicant's point of view, to afford access to the garage to the rear of the house, the driveway is not essential. With regards to the proposed house, if a driveway cannot be formed in accordance with the submitted plans then it will not be possible to implement any planning permission that may be granted.

0 The conclusions of the Flood report indicate that building in this location should only be considered if essential. The building of a house on this site will cause significant drainage problems.

Comment Neither SEPA nor my Geotechnical Team Leader raise any concerns regarding the conclusions of the flood risk assessment or advise against building on the site.

5. Planning Assessment and Conclusions

5.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, I am satisfied that the proposed development accords with the policies contained in the Cumbernauld Local Plan 2003.

5.2 The site lies within an established residential area. This being the case, there is a presumption in favour of residential development so long as the development can be implemented without adversely impacting upon existing levels of residential amenity. I am satisfied that the development can proceed without adversely impacting upon the levels of amenity enjoyed by either the existing house at 678 Stirling Road or the house currently being built by the applicant.

5.3 The proposed layout is slightly different to the norm with both houses effectively turning their backs on the public road in order to take full advantage of the views towards the Luggie Water. The design of the proposed house is acceptable and the relationship between the proposed house and that currently under construction is satisfactory. Due to their internal layouts and positioning, both houses will enjoy adequate levels of privacy and will have sufficient areas of private garden ground.

5.4 Notwithstanding the objections from the neighbour at 678 Stirling Road, I am satisfied that the proposed development is acceptable in planning terms. Accordingly, it is recommended that planning permission be granted.

5.5 It should be noted that the objector (Ms Jane Macpherson) has requested that, before this application is determined, the Committee carries out a site visit and hearing. Application No: N/06/01283/FUL

Date Registered: 28th July 2006

Applicant: Mrs J Robertson-Gregg 38 Mount Harriet Drive Stepps

Agent Norris Hamilton Architect Parkland Design Studio 14 Meadow View Kildrum Cum bernauld G67 2BY

Development: Construction of a Dwellinghouse

Location: Land to the Rear of 38 Mount Harriet Drive Stepps

Ward: 70 Stepps : Councillor Brian Wallace

\ Grid Reference: 266091 668916

File Reference: N1061012831FUL

Site History: None

Development Plan: The site is covered by Housing Policy HG3 in the Northern Corridor Local Plan, 2005.

Contrary to Development Plan: No

Consultations: Scottish Water (No Objection)

Representations: Two letter of representations

Newspaper Advertisement: Not Required

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. 0605

@hire Cnundl 2. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme, including the arrangements for maintenance of the system, shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

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

3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans and thereafter the system shall be maintained in accordance with the details agreed under the terms of Condition 2 above.

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

4. That before the development starts full details of the existing and proposed finished site levels and building finished floor levels shall be submitted for the written approval of the Planning Authority. Following approval these levels will be implemented on site.

Reason: To ensure that these matters are considered in detail.

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.

Reason: To ensure that these matters are considered in detail.

6. That before the development hereby permitted starts, full details of screen planting to be planted along the rear boundary of the site with no.36 Mount Harriet Drive shall be submitted to, and approved in writing by the Planning Authority.

Reason: To ensure that these matters are considered in detail.

7. That before the development hereby permitted is occupied, conditions 5 and 6 will be implemented unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure that fences, walls and screen planting are suitably formed for the general area.

8. 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.

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

Background Papers:

Application form and plans received 28'h July 2006

Memo from Traffic & Transportation (Northern) received 21"August 2006 Memo from NLC Head of Protective Services received 14'h August 2006 Letter from Scottish Water received 7thAugust 2006 Letters from Mr Robert Wallace, 36 Mount Harriet Drive, Stepps received 4th August and 21" September, 2006. Letter from Norris Hamilton, 14 Meadow View, Kildrum received 26thSeptember 2006. Letter from Stepps & District Community Council, 34 Nicolson Court, Stepps received 2"d October 2006.

Any person wishing to inspect these documents should contact Mr Alan Graham at 01236 616394.

Date: 2QthSeptember 2006 APPLICATION NO. N/06/01283/FUL

REPORT

1. Description of Site and Proposal

1.I The application seeks consent for the construction of a dwellinghouse within the rear garden of 38 Mount Harriet Drive, Stepps, which forms part of an established residential area. The proposal is for a detached two storey house (three bedrooms) which would front on to Mount Harriet Avenue. It is proposed that the building would have a maximum height of 9 metres with a pitched and hipped roof, measure 4.8 metres wide and 12.4 metres long. Three parking spaces will be provided.

1.2 This application was previously continued for a site visit at the Planning & Environment Committee of 13‘h September 2006. The original request for a site visit by the occupier of 36 Mount Harriet Drive has since been withdrawn, however Stepps & District Community Council have now requested a site visit to take place.

2. Development Plan

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

2.2 Within the adopted Northern Corridor Local Plan 2005, the application site is located within an area covered by Housing Policy HG3 which states that the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of established housing areas.

3. Consultations and Representations

3.1 After consulting Scottish Water, my Transportation Section and Protective Services Section, I have received no objections to the proposed house.

3.2 A letter of representation has been received from the occupier at 36 Mount Harriet Drive, with the following objections being raised:-

0 Inaccurate plans

Comments ;The plan distributed with the ‘Notice to Neighbours’ did not show the proposed rear bay window extension, however this detail was included on the plans submitted with the application and has been taken into consideration in the assessment of the development.

0 Loss of privacy and impact on view

Comments ; While no individual has a legal entitlement to a view, I am of the opinion that the proposed house would not have a detrimental impact on the residential amenity of the neighbouring proprietors in terms of general outlook and privacy. While the building will certainly be visible from the rear windows of No.36, and change their outlook to some extent, the rear windows of the proposed house will be off-set at an angle from No.36 and will be positioned more than 18 metres away from No.36. The privacy of the residents of No.36 should not be compromised, although there will be some overlooking of their rear garden from the upper bedroom windows of the proposed house.

0 Retention of existing trees in rear garden and additional tree planting Comments :The existing trees in the rear garden situated along the boundary of No.36 offer no form of screening between the two properties, however there is no reason why these trees could not be retained. However, the application can be conditioned to require additional screen planting.

3.3 A second letter of representation has been received from Stepps & District Community Council with the following objections being raised:-

0 The proposed house is out of character with the other properties in the street.

Comments: I am of the opinion that the proposed two storey house would be in character with the surrounding properties.

0 The roof of the proposed house will be higher than that of the adjoining property

Comments: While the proposed house will be higher than No. 38, it is considered acceptable and I am of the opinion that it will not have an adverse effect on the amenity of the surrounding area.

Inadequate parking area.

Comments: I have consulted my Traffic & Transportation section who have offered no objections to the parking arrangements associated with the proposal.

0 Proposed material finish of white render.

Comments: The plans state that the external walls are to be either white render or buff coloured concrete block, both of which are acceptable.

Stepps & District Community Council has also made a written request for a site visit by the Planning & Environment Committee.

4. Plannina Assessment and Conclusions

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

4.2 Whilst it is acknowledged that the proposal is for a relatively large house (1 19 square metres) it is considered to be within the limits of acceptability in terms of scale and design and is in keeping with the character of the area.

4.3 The house would have a rear garden depth of 10.2 metres, a front garden depth of 6.6 metres, a rear garden area of 132 square metres and a total garden area of 289 square metres, which represents more than 70% of the site. Furthermore, the proposed house would have a side garden width of 4 metres which complies with the Council’s minimum space standards and therefore complies with Local Plan Policy HG3.

4.4 Having taken account of all relevant material considerations, and notwithstanding the concerns raised by the neighbouring proprietors at 36 Mount Harriet Drive and Stepps Community Council, it is recommended that planning permission be granted for a dwellinghouse on land to the rear of 38 Mount Harriet Drive, Stepps subject to conditions.

4.5 The Committee is advised that Stepps & District Community Council have requested that the Committee visit the site prior to determining this planning application. Application No: N/06/01530/FUL

Date Registered: 23rd August 2006

Applicant: Vodafone Ltd C/o Mono Consultants 21 Gordon Street Glasgow

Agent Mono Consultants 21 Gordon Street Glasgow G1 3PL

Development: Upgrade of Existing Rooftop Site Consisting of 3 Additional 300mm Diameter Dish Antenna and Associated Equipment

Location: Buchanan Tower Buchanan Business Park Cumbernauld Road Stepps

Ward: 70 Stepps: Councillor Brian Wallace

Grid Reference: 266513 668785

File Reference: N/06/01530/FUL

Site History: 02/00222/FUL : Erection of Telecommunications Equipment - Granted June 2002 06/00065/FUL : Installation of 3 Rooftop Telecommunications Antenna and Associated Equipment Cabinets - Granted March 2006 Development Plan: The site is covered by Economic Development Policy ECON 2 in the adopted Northern Corridor Local Plan 2005

Contrary to Development Plan: No

Consultations: Not required

Representations: None

Newspaper Advertisement: Not Required

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. Buchanan

Business Pak

1 :I Upgrading of Rooflop Telecommunications Site ,250 (Three Antenna & Equipment) 2. That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 23rdAugust 2006

Any person wishing to inspect these documents should contact Mr Alan Graham at 01236 616394.

Date: 28thSeptember 2006 APPLICATION NO. N/06/0153O/FUL

REPORT

1. Description of Site and Proposal

1.1 This application seeks consent for the upgrading of an existing rooftop site consisting of three additional 300mm. diameter dish antenna and associated equipment at Buchanan Tower, Buchanan Business Park, Stepps. No increase to the height of the existing equipment is proposed. Due to current telecommunication legislation this proposal required consent due to the number of antenna already on the building.

1.2 Buchanan Tower is a large nine-storey building with a flat roof, located within a commercial business park.

1.3 An ICNIRP compliance certificate has been submitted confirming that the proposed equipment is within public health guidelines.

2. Development Plan

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

2.2 Within the adopted Northern Corridor Local Plan 2005, the application site is covered by Economic Development Policy ECON 2.

3. Consultations and Representations

3.1 No consultations were required to be carried out in this instance.

3.2 Following neighbour notification, no representations were received.

4. Plannina Assessment and Conclusions

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

4.2 In terms of the Northern Corridor Local Plan, Policy ECON 2 states there will be a presumption in favour of General Industrial, Distribution, Storage or Class 4 Business Uses. Buchanan Business Park contains a variety of commercial activities and Buchanan Tower is a prominent building on the eastern edge of Stepps. Two previous planning consents have been granted for telecommunication apparatus on the Tower, and the principle of allowing the installation of further telecommunication apparatus is acceptable in terms of policy ECON 2, subject to the provision of Policy UT3.

4.3 Policy UT3 (Telecommunications) states that applications for the siting of telecommunications apparatus will be considered in relation to the possibility of sharing existing facilities and the visual impact of the proposal. Given the proliferation of telecommunication apparatus on Buchanan Tower, the building is considered an appropriate location. The resulting visual impact of the additional apparatus will be negligible. The development is therefore considered acceptable in terms of Policy UT3. 4.4 National planning policy on radio telecommunications, contained in NPPG 19 and PAN 62, provides support for telecommunications development where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. It indicates that where the applicant has taken all these factors into consideration, refusal is unlikely to be warranted. It is also notes that Planning Authorities should not treat radio frequency emissions as a material consideration in determining a planning application, provided that it is certified as complying with the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidance. As mentioned above, this application is for the upgrading of existing apparatus and would have a minimal visual impact. The applicant has also submitted the required ICNIRP Declaration. I therefore consider that the applicant satisfies the criteria set out in both NPPG 19 and PAN 62.

4.5 In conclusion, the proposal has been assessed against the criteria of Policies ECON 2 and UT3 (Telecommunications) of the Northern Corridor Local Plan 2005 and it was found acceptable in terms of location and design and it will not significantly impact on the amenity of the adjacent areas. The proposed development is in accordance with national policy guidance in PAN 62 and NPPG 19 : Radio Telecommunications, and meets the criteria stipulated in local plan policy UT3. Taking into account the nature of the proposal and all material planning considerations, including national and local policies, it is recommended that permission be granted. Application No: C/06/00346/AMD

Date Registered: 4th July 2006

Applicant: Rea Developments Ltd 5 Hornock Road Coatbridge

Agent JRP Architects Anderson House Dundyvan Road Coatbridge ML5 IDB

Development: Conversion of Barn with New Build to Form 17 Dwellinghouses with Associated Roads (Amendment to C/05/01908/FUL)

Location: Rochsoles Farm Raebog Road Glenmavis North Lanarkshire

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 275672667760

File Reference: C/PL/GMROM/IJ/LR

Site History: 05/01 908/FUL Conversion of Barn with New Build to Form 15 Dwellinghouses with Associated Road and Landscaping Granted February 2006 05/01 916/LBC Conversion of Barn/Steading Buildings with New Build to Form 15 Dwellinghouses with Associated Road and Landscaping Granted February 2006 06/01 162/LBC Conversion of Barn in Association with New Build Housing (Amendment to C/05/01908/FUL) Under Consideration

Development Plan: The site is covered by policies HG3/48 (New Private Sector Housing Development) and FOR311 (Tree Preservation Orders) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Historic Scotland (No objections) Scottish Environment Protection Agency (No objections) Scottish Water (No objections) West Of Scotland Archaeology Service (No objections)

Representations: 3 Letters of Representation

Newspaper Advertisement: Not Required Planning Application No C/08/00346/AMD Conversion of Barn in Association with New Build to Form 17 Dwellinghouseswith Assoclated Roads (Amendment to C/05/01908/FULI m,m~,~almomn,**n -.mW.m_#on_.U* m,.,u_om, hsoies Farm Raebog Road Glenmavis .I .UII.d Sn_.WI"U, ..M*c.'I .CnnirqnM-L E,?sz%xY- -mrr*c-*m.dn M"q,," Representations ~y&LsLscw~y&~ ~o;>~.;~& % Site Area 1.5HA .A Not to Sa Recommendation: Grant Subject to the Following Conditions:-

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

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

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

Reason: To define the permission.

That a fully detailed schedule of the extent of stonework repairs necessary for the listed building and details of the treatments proposed shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, before such work begins.

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

That all gutters and downpipes on the building shall be of cast iron or cast aluminium with a painted finish.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

That the replacement roofing material on the listed building shall be natural slates only.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

That the surrounds of any new slappings, required to accommodate doors and windows on the building, shall be finished in matching stone and the detailing of all new windows should match those currently existing on the building.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

That all proposed rooflights on'the building shall be of traditional conservation style, a sample of which shall be submitted to, and approved in writing by the Planning Authority, before the start of any work.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

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. 9. That before the development starts, full details of the location and design of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment Protection Agency's principals of Sustainable Urban Drainage Systems (SUDS).

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest guidance on SUDS.

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

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

11. Notwithstanding the terms of Conditions 9 and 10 above, a Flood Risk Assessment shall be submitted to the Planning Authority prior to any work of any description being commenced on the application site. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy 7 (SPP 7): Planning & Flooding and Planning Advice Note 69 (PAN 69): Planning & Building Standards Advice on Flooding.

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

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

(a) details of any earth moulding and hard landscaping, 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 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 any phasing of these works.

Reason: To enable the Planning Authority to consider these aspects in detail. .. . 13. That before the occupation of the fourth last house within the development all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 12; 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 environmental amenity of the site

14. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas approved under the terms of condition 11 above.

Reason: To enable the Planning Authority to consider these aspects. 15. That before the scheme of landscaping approved under condition 12 above is finally completed, the management and maintenance scheme approved under the terms of condition 12 above shall be in operation.

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

16. That before the development hereby permitted starts tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees to be retained, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: In the interests of amenity and to protect the existing trees.

17. That the existing perimeter belt of mature trees shall be maintained.

Reason: To protect to existing wildlife and provide a sheltered foraging area.

18. That before the development hereby approved starts, details of the design of the proposed mini- roundabout at the new access road serving the development onto Raebog Road, shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt, works shall not commence on these approved details until an appropriate timescale for their implementation has been agreed with the planning Authority.

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

19. That no dwellinghouses hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to base course level and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

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

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

21. That before the development hereby approved is complete, the existing footway along the frontage of the site on Raebog Road shall be widened to a minimum of 2 metres along the entire frontage to the satisfaction of the planning Authority.

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

22. That the proposed access road shall be designed and constructed to the standards and specifications of the Roads Authority, as described in the Roads Guidelines published by the said Roads Authority, and this shall be a minimum of 5.5 metres wide with footways along both sides and terminating in turning circles.

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

23. That before the development hereby granted starts three clusters of three bat boxes, including a bat habitation box shall be erected on trees around the site perimeter, details of which shall be submitted to, and approved in writing by the Planning Authority.

Reason: To safeguard the presence of wildlife habitats. 24. That demolition of buildings shall take place only between late November 2006 and mid February 2007 otherwise a further habitat survey will require to be carried out during early May 2007 to determine the presence or otherwise of roosting bats, details of which will require to be submitted to the Planning Authority before any works start on site.

Reason: To safeguard the presence of wildlife habitats.

Background Papers:

Application form and plans received 4th July 2006

Letter from Historic Scotland received 20th September 2006 Letter from Scottish Environment Protection Agency received 14th August 2006 Letter from Scottish Water received 24th July 2006 Letter from West Of Scotland Archaeology Service received 4th August 2006

Letter from E Emmerson, 13 Meldrum Mains, Glenmavis, Airdrie, ML6 OQQ, North Lanarkshire, ML6 OQQ received 10th July 2006. Letter from Mr & Mrs Hood, 7 Meldrum Mains, Glenmavis, Airdrie, ML6 OQQ received 13th July 2006 Letter from H Massingberd, Norwood, Raebog Road, Glenmavis, Airdrie, ML6 OQQ received 24th July .. ~ . .. 2006.

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

2 October 2006 AP PL I CAT1 0 N N0. C1061003461AM D

REPORT

1. DescriPtion of Site and ProPOsal

1.I The application site measures 1.5 hectares and is located on the south side of Raebog Road at the eastern part of the village of Glenmavis. The site slopes downwards from its Raebog Road frontage, is heavily overgrown with a large number of mature trees throughout and contains a large courtyard shaped Listed Building which has been the subject of extensive vandalism and is in a state of disrepair. The site is bounded to the east and west by residential curtilages, to the north by Raebog Road and to the south by fields. The trees within the site are covered by a Tree Preservation Order.

1.2 The proposal seeks to refurbish, in a reduced form, the existing courtyard shaped barnkteading listed buildings to accommodate 2 residential units while also providing 15 new build detached properties throughout the site. A single point of access to the site will be taken from Raebog Road where a new roundabout will be provided and the internal road will be constructed to adoptable standards. A number of the existing mature trees within the site will require to be removed to accommodate the development although additional trees will be planted.

1.3 Listed Building Consent (ref:C/06/01162/LBC) is also being sought for the internal refurbishment and external alterations to the former bardsteading building addressed as Rochsoles Stables, Raebog Road, Glenmavis. Whereas a previous proposal (ref: C/05/01916/LBC) sought to comprehensively refurbish the interior of the listed building to accommodate 7 residential units within the existing two levels, the building has subsequently suffered extensive damage through vandalism etc. and the current proposal seeks solely to retain the central dovecot and attached barn to accommodate 2 dwelling units set at two levels. Externally the sandstone finish of the listed building will be retained and repaired where necessary and only minimal alterations are proposed to the natural stone fabric of the retained section of building to include new doorways/window openings where required and skylights incorporated in the retained roof area which will be re-slated. Limited extensions are proposed to provide added internal floorspace and these shall be externally treated in lime render and slated roofs.

1.4 The proposed 15 new build units will all be 2 storey in height, of traditional pitched roof design and will utilise a smooth external render finish and slate alternative tiles, to be agreed with this authority. A range of 7 different house styles is proposed, all of which are detached and all of which will be accessed from the new in-site access road.

1.5 The existing lodge building addressed as “Norwood” which is located at the frontage of the site on Raebog Road is to be retained and served in an improved manner from the new in-site road.

2. DeveloPment Plan

2.1 The site is covered by policies HG3/48 (New Private Sector Housing Development) and FOR311 (Tree Preservation Orders) in the Monklands District Local Plan 1991. The proposal raises no strategic issues. 3. Consultations and Representations

3.1 Following the standard neighbour notification process 3 letters of objection were received against the proposal. The main points of objection are as follows: a) The proposed new road serving the site encroaches on land in third party ownership b) The proposal indicates that an existing entrance to an adjacent house (Norwood) will be closed. c) The proposed new road would increase noise levels and limit access to an adjacent dwellinghouse. d) The proposed layout plans do not clearly indicate the boundary of the site or what trees are to be felled. e) The development would result in a significant loss of mature trees including the avenue of trees leading to Rochsoles House. f) The development further erodes the green area surrounding Glenmavis. g) The potential increase in noise, traffic and pollution caused by cars associated with the development will destroy the environment for wildlife. h) The development would put an added strain on the current service provision within the area. i) The proposed inclusion in velux windows on the units will create a privacy problem for the properties on Meldrum Mains. j) Japanese Knotweed along the boundary with Meldrum Mains will require removal and any excavation will cause damage to neighbouring gardens. k) The proposal will result in obstruction of the lane serving Rochsoles House while the new roundabout will cause congestion being in such close proximity to an existing junction at Kirkstyle.

3.2 None of the statutory consultees offered any objection to the proposal although SEPA has recommended that a condition be included on any planning permission requiring the applicant to treat surface water from the site in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual (SUDS).

3.3 The Transportation Section required a number of amendments to the internal road detail, all of which have been accommodated by the applicant, and has required that the applicant demonstrate that a mini-roundabout can be provided on Raebog Road to the required standards. The Transportation Section is confident that a mini-roundabout can be provided and these details are currently being prepared, in discussion with the Transportation Section, and will be submitted as part of the required Roads Construction Consent (RCC) application in the event that planning permission is granted.

3.4 The Community Services Department has been working with the applicant in the preparation of both an updated tree survey and a habitat survey, which is required to determine the presence of any protected species within the site boundary. The resultant bat survey established the presence of a bat within the existing listed buildinghrees and the Community Services Department has determined appropriate mitigation methods to be put in place prior to any physical works on site to protect the species. A separate application requires to be submitted to the Scottish Executive to destroy the bat roost and the Community Services Department is assisting the applicant in this.

4. Plannina Assessment and Conclusions

4.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. In terms of this current submission it is considered that the key issues are the development plan; and the other material considerations are the preservation of a Listed Building; Design and Layout; and Transportation matters. 4.2 The development Plan i.e. the Monklands District Local Plan 1991 specifically identifies the application site under policy HG3/48 for new private sector housing development linked to the re-use of the existing Listed Building (Rochsoles Stables). The proposal is wholly compliant with that policy and therefore acceptable in land use terms. The site is also covered by a Tree Preservation Order and the applicant has sought to retain the majority of the existing mature trees within the site while necessitating the removal of a number to accommodate the requirements of the Transportation Section in terms of site accesslinternal road provision.

4.3 Planning Application C/05/01908/FUL and Listed Building Application C/05/01916/LBC were both granted consent in February 2006 for the Conversion of the Barn/Steading Buildings with new build to form 15 Dwellinghouses with Associated Roads and Landscaping. While the current submission seeks to depart from the previously approved scheme, due primarily to the vandalism caused to the Listed Building, the principle of an element of new build in association with the refurbishment of the Listed Building has already been established and accepted by the Council.

4.4 Rochsoles Stables is a Grade “B” Listed Building of distinguished sandstone exterior and “U” shaped in design around a central dovecot and twin stable wings. The building has lain vacant for a number of years with the result that sections of the roof area are in danger of collapse and the interior has been entirely gutted with all architecturally important fixtures removed. The current proposals have been the subject of protracted discussion involving the applicant, the department and Historic Scotland with the result that the submitted proposals have in the main met with the requirements of all interested parties. Historic Scotland in particular welcome this proposal, as it will ensure the survival of the remaining section of the listed building through a sensitive conversion to residential accommodation. The retention of the external fabric of the main section of Listed Building is an important feature in any redevelopment proposal and the design and finish of the new build element will compliment the major refurbishment works within the site. As the proposal affects a Listed Building then should the Council be minded to grant the proposal then in accordance with legislation the associated Listed Building application, a report on which is also being considered at this Committee, would require to be referred to the Scottish Ministers (Historic Scotland) for consideration.

4.5 In respect of the points of objection raised I would offer the following comments: a) The applicant has advised that all land affected by the new road is in his ownership although the occupant of “Norwood” has a right of access over the existing track onto Raebog Road. That right of access will be retained in an improved form as part of the current proposals. . . b) The proposals seek to retain the existing entrance to “Norwood” from the new road in an improved form. c) Development inevitably results in increased noise levels both during construction works and by traffidpedestrians utilising the new facilities. It is not anticipated that the residents of “Norwood” will suffer any significant disturbance either during construction works or on completion of the development. d) The submitted plans clearly identify the boundaries of the development site and the tree survey clearly identifies the numbers and species of trees to be felled to accommodate the development. It should be noted that the tree survey is similar to the survey produced at the previous planning application stage (ref: C/05/01908/FUL) although some amendments have been required due to a change in the development proposals. e) The proposals seek only to remove a limited number of trees while the avenue of trees serving the listed building will be retained. f) The development is restricted to an area identified in the local plan for new private sector housing development and does not infringe within the green belt. g) A habitat survey carried out in support of this application has established the presence only of a single bat roost within the site and appropriate measures will be taken as part of any planning permission granted to protect the roosting habitat of the bats. h) No objection to this proposal was been raised from any of the service bodies. i) The properties on the East Side of Meldrum Mains incorporate large rear gardens and are set a significant distance away from the proposed new build. Taken this then there should be no privacy conflict between the existing and proposed properties. j) The potential for structural damage during any excavation works is a matter outwith the remit of the planning authority, being a legal matter, and should best be addressed directly between the developer and any affected party. k) The Transportation Section is satisfied with the proposed new roundabout proposals and the new road serving the site will be constructed to adoptable standards, thus removing any fears of congestion on either the new road or the roundabout.

4.6 Having regard to the foregoing I consider the proposal, as now amended through discussion, to be acceptable in both policy, design and layout terms, with the added benefit of the retention and refurbishment of an important listed building. The principle of this form of development has already been established through the granting of previous similar planning applications and while the points of objection raised are noted, none of these merit the refusal of this planning application. I therefore recommend that planning permission be approved subject to conditions. Application No: C/06/01162/LBC

Date Registered: 7th July 2006

Ap piican t : Rea Developments Ltd 5 Hornock Road Coatbridge ML5 2QA

Agent John Russet1 Partnership Anderson House Dundyvan Road Coatbridge ML5 IDB

Development: Conversion of Barn in Association with New Build Housing (Amendment to C/05/01908/FUL)

Location: Rochsoles Farm Raebog Road Glenmavis North Lanarkshire

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 275672667760

File Reference: CIPLIGMR072/l J/LR

Site History: 05/019081FUL Conversion of Barn with New Build to Form 15 Dwellinghouses with Associated Road and Landscaping Granted February 2006 05/0191 6/LBC Conversion of Barn/Steading Buildings with New Build to Form 15 Dwellinghouses with Associated Road and Landscaping Granted February 2006 06/00346/AMD Conversion of Barn with New Build to Form 17 Dwellinghouses with Associated Roads (Amendment to C/05/01908/FUL) Under Consideration

Development Plan: The site is covered by policies HG3/48 (New Private Sector Housing Development) and FOR3/1 (Tree Preservation Orders) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Architectural Heritage Society (No objections) Historic Scotland (No objections) West Of Scotland Archaeology Service (No response)

Representations: 1 Letter of Representation

Newspaper Advertisement: Advertised on 19th July 2006 ~ ~~ ~ Converiiori of Barn in Association with New Build Housing (Amendment to C/05/01908/FUL) N 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: To enable the Planning Authority to consider these aspects in detail.

3. That a fully detailed schedule of the extent of stonework repairs necessary for the listed building and details of the treatments proposed shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, before such work begins.

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

4. That all gutters and downpipes on the listed building shall be of cast iron or cast aluminium with a painted finish.

Reason: In the interests of visual amenity and to preserve the character of the listed building.

5. That the replacement roofing material on the listed building shall be natural slates only.

Reason: In the interests of visual amenity and to preserve the character of the listed building.

6. That the surrounds of any new slappings, required to accommodate doors and windows on the building, shall be finished in matching stone and the detailing of all new windows should match those currently existing on the building.

Reason: In the interests of visual amenity and to preserve the character of the listed building.

7. That all proposed rooflights on the building shall be of traditional conservation style, a sample of which shall be submitted to, and approved in writing by the Planning Authority, before the start of any work.

Reason: In the interests of visual amenity and to preserve the character of the Listed Building.

8. That before the development hereby granted starts three clusters of three bat boxes, including a bat habitation box shall be erected on trees around the site perimeter, details of which shall be submitted to, and approved in writing by the Planning Authority.

Reason: To safeguard the presence of wildlife habitats.

9. That demolition of buildings shall take place only between late November 2006 and mid February 2007 otherwise a further habitat survey will require to be carried out during early May 2007 to determine the presence or otherwise of roosting bats, details of which will require to be submitted to the Planning Authority before any works start on site.

Reason: To safeguard the presence of wildlife habitats. Background Papers:

Application form and plans received 7th July 2006

Letter from Architectural Heritage Society received 4th August 2006 Letter from Historic Scotland received 20th September 2006

Letter from H Massingberd, Norwood, Raebog Road, Glenmavis , Airdrie, ML6 ONW received 24th July 2006.

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

29 September 2006 APPLICATION NO. C1061011621LBC

REPORT

1. Description of Site and Proposal

1 .I The application site measures 1.5 hectares and is located on the south side of Raebog Road at the eastern part of the village of Glenmavis. The site sloped downwards from its Raebog Road frontage, is heavily overgrown with a large number of mature trees throughout and contains a large courtyard shaped Listed Building which has been the subject of extensive vandalism and is in a state of disrepair. The site is bounded to the east and west by residential curtilages, to the north by Raebog Road and to the south by fields. The trees within the site are covered by a Tree Preservation Order.

1.2 Listed Building Consent is being sought for the internal refurbishment and external alterations to the former barnlsteading building addressed as Rochsoles Stables, Raebog Road, Glenmavis. This proposal is related to a larger redevelopment project including an element of new build by the same applicant, details of which are expanded upon and assessed under planning application no. C/06/00346/AMD. Rochsoles Stables is a Grade “6” Listed Building of distinguished sandstone exterior “U” shaped in layout around a central doocot and twin stable wings which is the sole remains of the great estate of William Cochrane of Rouchsoills. Whereas a previous proposal (ref: C/05/01916ILBC) sought to comprehensively refurbish the interior of the listed building to accommodate 7 residential units within the existing two levels, the building has subsequently suffered extensive damage through vandalism etc. and the current proposal seeks solely to retain the central doocot and attached barn to accommodate 2 dwelling units set at two levels. Externally the sandstone finish of the building will be retained and repaired where necessary and only minimal alterations are proposed to the natural stone fabric of the retained section of building to include new doorways/window openings where required and skylights incorporated in the retained roof area which will be re-slated. Limited extensions are proposed to provide added internal floorspace and these shall be externally treated in lime render and slated roofs.

1.3 Existing sections of the building that have been found to be structurally unstable due to prolonged vandalism etc. will require to be demolished.

2. Development Plan

2.1 The site is covered by policies HG3/48 (New Private Sector Housing Development) and FOR311 (Tree Preservation Orders) in the Monklands District Local Plan 1991. The proposal raises no strategic issues.

3. Consultations and Representations

3.1 Following the standard neighbour notification process 1 letter of objection was received against the proposal. The main points of objection are as follows: a) The proposed new road serving the site encroaches on land in third party ownership b) The proposal indicates that an existing entrance to an adjacent house (Norwood) will be closed. c) The proposed new road would increase noise levels and limit access to an adjacent dwellinghouse. d) The proposed layout plans do not clearly indicate the boundary of the site or what trees are to be felled.

.. . , 3.2 Historic Scotland has been an active party during pre-application discussions with the applicant and this department and they welcome this proposal in order that the retained section of building may be saved as an important landmark. The Architectural Heritage Society of Scotland has offered no objection to the proposal.

3.3 The Transportation Section has offered no objection to the proposed layout of the overall development (ref: C/06/00346/AMD) which includes the provision of 2 dedicated parking spaces for each of the units proposed within the listed building. The Community Services Department has been actively involved in the preparation by the applicant of a Bat Survey for this site and following confirmation that a single Bat roosts in one of the buildings they have recommended that appropriate mitigation methods be put in place before any works start on site. These mitigation methods would be included as conditions on any planning permission granted.

4. Plannina Assessment and Conclusions

4.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. In terms of this current submission it is considered that the key issues are the development plan; and the other material considerations are the preservation of a Listed Building and Design and Layout.

4.2 The development Plan i.e. the Monklands District Local Plan 1991 specifically identifies the application site under policy HG3/48 for new private sector housing development linked to the re-use of the existing Listed Building (Rochsoles Stables). The proposed re-furbishment of the listed building in association with an element of new build is wholly compliant with that policy and therefore acceptable in land use terms.

4.3 Rochsoles Stables is a Grade “B” Listed Building of distinguished sandstone exterior and “U” shaped in design around a central doocot and twin stable wings. The building has lain vacant for a number of years with the result that section of the roof area are in danger of collapse and the interior has been entirely gutted with all architecturally important fixtures removed. The proposals have been the subject of protracted discussion involving the applicant, this department and Historic Scotland with the result that the submitted proposals, as now amended, have in the main met with the requirements of all interested parties. Historic Scotland in particular welcome this pfoposal as it will ensure the survival of the listed building through a sensitive conversion to residential accommodation. As the proposal affects a Listed Building then should the Council be minded to grant the proposal then in accordance with legislation the associated Listed Building application, a report on which is also being considered at this Committee, would require to be referred to the Scottish Ministers (Historic Scotland) for consideration.

4.4 It is relevant to note that this current submission is of a similar nature to previous planning applications (ref: 05/01916/LBC & 05/01908/FUL) for the Conversion of Barn/Steading with New Build to Form Total of 15 Dwellinghouses with Associated Access Road and Landscaping on the same site. That application was subsequently granted planning permission although due to title complications, resulting in a delay in implementing the scheme further substantial damage was caused to the listed building. Having regard to the substantial damage caused to the listed building the current submission has been adapted to overcome the structural constraints to the retention, where possible of that building. Taking all these changes together it is welcoming to note that only a single objection has been received to this current application from the general public and no objections have been received from the main consultee, Historic Scotland, who have been an active participant in discussions around this proposal. 4.5 As regards the letter of objection received, the points raised relate to elements of development associated with the proposed new build around the listed building. As such, the points raised will be addressed during the assessment of planning application C/06/00346/AMD.

4.6 Having regard to the foregoing I consider the proposal, as now amended through discussion, to be acceptable in both design and layout terms, with the added benefit through the retention and refurbishment of an important listed building. I therefore recommend that planing permission be approved subject to conditions. Application No: C/06/00383/FU L

Date Registered: 5th July 2006

Applicant: Tariq Ali 161 Calder Street Coatbridge ML5 4QN

Agent Tariq Ali Calder Stores 159 Calder Street Coatbridge ML5 4QN

Development: Erection of Two Shop Units with Three Flatted Dwellinghouses Above

Location: 159 - 161 Calder Street Coatbridge North Lanarkshire ML5 4QN

Ward: 35 Sikeside And Carnbroe Councillor John Cassidy

Grid Reference: 274466664339

File Reference: CIPLICTC0801GDILR

Site History:

Development Plan: From the Adopted Monklands District Local Plan 1991 Policy HG 3 (New Private Sector Housing) and HG9 ( Existing Residential Areas)

Contrary to Development Plan: No

Consultations:

Representations:

Newspaper Advertisement: Not Required

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. Planning Application No C/06/00383/FUL 2. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

3. That before the development hereby permitted starts, full details of the proposed railing to be positioned along the Calder Street footway be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in detail. ..” 4. That before any part of the development hereby permitted is occupied the railing approved under the terms of condition 3 above, shall be in place..

Reason: In the interests of amenity and to ensure that vehicles do not park on Calder Street. 5. That the permission hereby granted relates to Class 1 use of the two shop units only

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

6. 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 ensure the provision of adequate parking facilities within the site.

7. That before any part of the development hereby permitted is occupied all parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved and be clearly marked out, and shall thereafter be maintained as parking and manoeuvring areas. For the avoidance of doubt, the car parking spaces reserved for residents should be clearly marked to that effect to the satisfaction of the planning authority.

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

8. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Design Manual for Scotland and Ireland published by ClRlA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection Background Papers:

Application form and plans received 4th July 2006

Monklands District Local Plan 1991 Memo from Transportation received 1sth August 2006 Memo from Protective Services Section received 20thJuly 2006

Letter from Mr Tariq Ali, Calder Stores, 159 Calder Street, Coatbridge received 2gthAugust 2006.

Any person wishing to inspect these documents should contact Mr Grant Douglas at 01 236 81 2231 I

Date: 2 October 2006 APPLlCAT10 N NO. C/06/00383/FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks permission for the erection of 2 retail units with 3 flatted dwellinghouses above on land at 159-161 Calder Street, Coatbridge. The application site, which lies to the north of Calder Street at the junction with Kelvin Street is bounded to the north and east by existing residential accommodation and to the west by a retail outlet and flatted dwellinghouse under the applicants ownership. The application site is currently used as a car park, which services the existing retail outlet.

1.2 The proposed retail element of this proposal comprises 2 shop units, each having approximately 90 sq. metres of retail floorspace and each having a frontage onto Calder Street. The proposed residential accommodation would consist of three 2 bedroom flatted dwellinghouses which would be accessed via a private entry to the front of the development. It is proposed that the remaining 440 sq. metres of the application site would be maintained as off-street, car parking to sewice the existing and proposed retail and residential uses.

2. Development Plan

2.1 The application site is located within an area designated as HG3 (New Private Sector Housing Development) in the Adopted Monklands district Local Plan 1991. The proposals would also be assessed against policy HG9 (Existing Residential Areas), specifically part (8) which covers development clearly of a nature ancillary to housing, including local shops.

3. Consultations and Representations

3.1 The Transportation Section initially objected to the proposal on road safety grounds and on the basis of its impact upon the existing road network. It is considered that the proposed development would further reduce visibility at the junction of Kelvin Street to 4.5m x 30m, there was no provision for delivery vehicles and the proposed car parking arrangement was sub standard. The Protective Services Section had no objections but made comments in relation to the requirements of their own legislation which can be included as informatives to the applicant.

4. Planninn Assessment and Conclusions

4.1 Under the Town and Country Planning (Scotland) Act 1997 development proposals require to be considered under the terms of the development plan and any other material considerations. In this instance the proposals require to be assessed under the terms of Policy HG3 (New Private Sector Housing) and Policy HG9 (B) for ancillary development in residential areas along with associated and relevant design guidance.

4.2 The Monklands District Local Plan 1991 makes specific provision for the area of land between Patrick Street and Kelvin Street, within which the application site falls. Principally this policy (HG3/42) allocated this area for private residential use, however it is also indicated that favourable consideration should be given to light industrial or business use. As such the application would, in principle, be acceptable in terms of this zoning. 4.3 In further assessing the proposals against the criteria set out within policy HG9 (B) it can be seen that the scheme would be suitable in a residential area. It is also considered that a mixed use development would provide a number of benefits to the wider area. The viability of Calder Street with its existing local shopping units would be enhanced by the creation of additional retail floor space and further residential accommodation is in line with the residential zoning. Revised proposals for the scheme would provide convenient access for pedestrians and vehicles and limited facilities for delivery vehicles. The design of the proposed building is considered acceptable and the principle of mixed-use development is acceptable on an existing underused car park.

4.4 Further to objections by the Transportation Section to the initial scheme which proposed 3 shop units, the applicant has made significant revisions. The proposed development, as altered, shows far less retail floor space, being only 184 sq. metres gross. Applying the parking standards of 5 spaces per 100 sq. metres results in a requirement of 9 spaces. The residential element of the proposal would require a further 4 to 5 spaces and the existing Calder Stores would require approx. 5 spaces, 18 spaces as have been provided in the latest revision which is a slight shortfall. While this does not take account of the existing dwelling above Calder Stores, there would have been no parking requirement for a tenemental property such as this. The applicant, who currently lives in this property, uses an area to the rear of Calder Stores, outwith the application site, to park. In further support of the above it has been noted, through observation, that the existing car park, which forms the application site, is rarely used, even at peak times throughout the day. It has been observed that the existing uses along Calder Street generate significant levels of on-street car parking, albeit for short periods, despite the existence of the current car park. The inclusion of a railing along the footway adjoining the development as proposed by the applicant, would prevent this practice, encouraging motorists to use the upgraded car parking facilities. The Transportation Section have been fully appraised of the amendments and have offered no further comment.

4.5 Visibility at the junction of Kelvin Street and Calder Street while improved through amendment remains an issue for detailed consideration. The Transportation section require a visibility at that location of 4.5m x 90m. Present visibility falls below that standard at 4.5m x 60m and while it is conceded that the proposed development would impact upon the existing visibility reducing it to 4.5m x 30m is considered that the overall improvement would justify the development. Furthermore it is believed that by positioning a railing along Calder Street, as proposed, on street car parking would be reduced thus affording a great deal more visibility to motorists leaving or entering Kelvin Street. Additionally the applicant has commissioned an independent Traffic Consultant who has concluded that a visibility of 3.5m x 90m would be sufficient given current traffic levels and speed on Calder Street. The Transportation Section have been supplied with this information and have offered no further comment. It is considered therefore that the position is acceptable although not ideal.

4.6 In conclusion it can be seen that the principle of mixed-use development comprising retail and residential uses could be successfully accommodated within the application site. The proposed development would be compliant with the relevant policies contained within the Adopted Monklands District Local Plan 1991. For the reasons outlined in the above it is recommended that permission be granted subject to the attached conditions.

.. . Application No: C/06/01278/FUL

Date Registered: 27th July 2006

Applicant: Mr G Harper Roughrigg Lodge Longriggend ML6 7RY

Agent Hardie Associates 78 Hopetoun Street Bathgate EH48 4PD

Development: Erection of 3 Dwellinghouses

Location: Plot B 113 Main Street Longriggend Airdrie Lanarkshire

Ward: 46 Plains And Caldercruix Councillor Thomas Morgan

Grid Reference: 282434670251

File Reference: C/PL/LRM030/113/GD/LR

Site History: 05/01840/OUT Erection of Dwellinghouse

Development Plan: From the Adopted Monklands District Local Plan 1991 Policy GB2 (Restrict Development in Countryside Around Towns) and Policy ECON 8 (General Urban Area) would apply. There are no strategic considerations

Contrary to Development Plan: Yes, partially within GB2 area

Consultations: Scottish Environment Protection Agency (Comments) Scottish Water (No Objections) Scottish Power (No Objections)

Representations:

Newspaper Advertisement: 9 August 2006

Recommendation: Grant Subject to the Following Conditions:.

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

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

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

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

3. That before the development hereby permitted starts, a scheme of landscaping, including the proposed planting strip; hatched green on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding, 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) a management and maintenance scheme for the proposed works.

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

4. That prior to the occupation of the first dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 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: To safeguard the residential amenity of the area.

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

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

6. That prior to occupation of the first dwellinghouse within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 3 shall be in operation.

Reason: To ensure the future maintenance of the scheme

7. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the foul drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). As waste disposal will be by septic tank it should be noted that the preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. Surface water should be excluded from the foul drainage treatment system.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 8. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted and for the approval of the said authority. For the avoidance of doubt the drainage scheme, must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environmental Protection Agency (SEPA). If the area of ground illustrated on Drawing No. 06/70/01B for the notional SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

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

9. That the SUDS compliant surface water drainage scheme approved in terms of condition 7 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

10. A Flood Risk Assessment shall be submitted to the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy 7 (SPP7): Planning and Flooding and Planning Advice Note 69 (PAN 69): Planning and Building Standards Advice on Flooding.

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

11. That before the development hereby permitted starts the following adjustments to the vehicular access shall be submitted and approved in writing by the Planning Authority and the scheme shall incorporate the following:

(a) Main Street should be increased in width to 5.5 metres along the frontage of the development. (b) Access to the site shall be via a 10.5 metre radius junction arrangement to the satisfaction of the Planning Authority. (c) Visibility Splays of 4.5 metres by 90 metres shall be shown and maintained in both directions from the proposed vehicular access along Main Street. (d) The existing footway should be resurfaced and widened to 2 metres along the frontage of the development. (e) Two visitor car parking spaces should be provided at the end of the proposed carriageway to the satisfaction of the Planning Authority. (f) The driveways should be fully paved over at least the first 2 metres in order to prevent loose material being carried onto the public road. Where driveways slope towards the public road a drainage facility should be provided in order to prevent surface water flowing onto the public road.

Reason: In the interests of traffic safety and to ensure the provision of adequate parking facilities within the site. 12. That before the dwellinghouses hereby permitted are occupied two in curtilage car parking spaces should be provided within the respective plot, as described on the approved plans, and shall thereafter be maintained as car parking spaces.

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

13. The dwellinghouse hereby permitted on Plot No 2, shall be repositioned 2 metres from the southern boundary with Plot No.3.

Reason: To safeguard residential amenity of the area.

Background Papers:

Application form and plans received 27th July 2006

Memo from Transportation Section received 29" August 2006 Memo from Geotechnical Section received OgthAugust 2006 Letter from Scottish Environment Protection Agency received 21 'August 2006 Letter from Scottish Water received 08thAugust 2006 Letter from Scottish Power received 1Oth August 2006

Any person wishing to inspect these documents should contact Mr Grant Douglas at 01236 812231.

2 October 2006 APPLICATION NO. C/06/01278/FUL

REPORT

I. Description of Site and Proposal

1.I This application seeks permission for the erection of 3 detached dwellinghouses and associated access on land at the north east edge of Longriggend. The application site, which measures approximately 2200 sq. metres, is located on an area of vacant land with little evidence of current use.

1.2 Each of the proposed dwellinghouses would have an outlook to the east and would be positioned at right angles to the Main Street, fronting on to the proposed access road. The dwelling at plot No. 1 would be a 2 bedroom property with a double pitched roof and velux windows. The remaining two 4 bedroom properties, although larger than the first, would be similar in design with the addition of dormer windows.

2. Development Plan

2.1 The application site lies between two policy areas, firstly the westernmost section of the site, which lies within the settlement of Longriggend, is designated as ECON 8 (General Urban Area) in the Adopted Monklands District Local Plan 1991. Secondly, a section of the application site to the east lies within an area designated as GB2 (Restrict Development in the Countryside Around Towns) in the Monklands District Local Plan 1991. There are no strategic implications.

3. Consultations and Representations

3.1 The Transportation Section have been consulted and have no objection to the application subject to conditions.

3.2 There have been no objections from the consultees listed above and all comments have been acknowledged in the latest revision of the proposal.

3.3 Following the standard neighbour notification procedure no representations have been received.

4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that in making any determination under the Planning Acts regard is to be had to the development plan and determination shall be made in accordance with that plan unless material considerations indicate otherwise. In accordance with the statutory requirements the objective of this assessment therefore will be firstly, to establish the position of the development plan in regard to the proposed development, and then secondly, to examine the material considerations relevant to this case to see whether said position should or should not prevail.

4.2 The development plan is the Monklands District Local Plan 1991. The majority of the application site (75%) and the area on which the houses will be located lies within the settlement of Longriggend on an area designated as ECON 8 (General Urban Area) in the Adopted Monklands District Local Plan 1991. This policy indicates that where requirements for access, plot size, built form and amenity can be met the District Council will consider favourably a mixture of acceptable uses. As such the proposed housing would be compliant with this zoning. In addition the principle of residential development on this site has previously been established by permission for the erection of one dwellinghouse. 4.3 With regard to the remaining area of the application site (25%) policy GB2 (Restrict Development in Countryside Around Town) applies. Unlike policy GBI, which restricts all development, this policy maintains that isolated developments shall generally not accord. This proposal is not considered to be an isolated development as it is on the settlement edge and in this sense would comply with policy.

4.4 Any new development within the GB2 zoning, should be justified against four specified criteria. Firstly economic benefit, the effect is most likely to be neutral however such development would introduce an element of new population into the area which may be good for, or at least contribute toward, a more viable village settlement. Secondly specific locational need, the section of land outwith Longriggend village is required to provide access and landscape setting for the development, and as such, there is a specific need for that aspect of the development to be where it is proposed. Thirdly infrastructure implications, the proposed development could be accommodated without any detriment to existing infrastructure including the road network and drainage. In fact the widening of the carriageway and the improvement of the pedestrian footway along the frontage of the application site would enhance the present situation. Finally the environmental impact of the proposed development would be considered positive by virtue of the resultant tree planting and landscape enhancement at this edge of the settlement. The proposal does compare favourably with the four criteria, taking this and the principal zoning of the site, within an ECW4 6 area, into account the proposal would be considered sufficiently compliant with Local Plan Policy.

4.5 Turning to the second stage of this assessment it has to be considered whether there are any other material considerations that have a bearing on the determination of this development proposal. The remaining material considerations to be addressed would appear to be:

(a) National Planning Policy (b) Consultation Responses (c) Transportation Impacts (d) Environmental Impacts

4.5.1 The most recent National Guidance in the form of Scottish Planning Policy 15 for Rural Development sets out objectives to ensure a pro-active approach or “welcoming stance by Local Authorities in providing land for rural developmenf‘. The Policy goes on to state it’s key aim of promoting “modest growth and rural diversification”. Such aims encourage this type of development and rather than challenge the conclusions of the first part of this assessment actually add weight to such interpretation of the development plan.

4.5.2 All consultees have been satisfied with the proposal and have raised no significant issues. As previously indicated all comments have been acknowledged in the latest revision of the proposal.

4.5.3 Subject to comments from the Transportation Section it is considered that requirements for access could be providea at this location and the proposed scheme would provide sufficient turning and parking facilities to an adoptable standard. 4.5.4 As for the proposed developments impact upon amenity the dwellings are considered to have cognisance with the rural setting in terms of existing traditional housing within Longriggend and also with more recent residential development within the surrounding area. With regard to the general setting Planning Advice Note 72 maintains that setting a building against a backdrop of trees can be one of the most successful means by which new development can blend with the landscape. In this case the proposed planting strip and landscaping scheme would facilitate effective integration with the rural surroundings. In assessing this design against the aims of PAN 72 (Housing in the Countryside) it can be seen that the proposals taken together with the significant landscape improvements would provide a distinctive yet responsive environment (PAN 72, P. 15). Each of the three dwellings exhibits traditional rural design features such as double pitch roofs, 1 X storey height and a sturdy quality indicative of much of Scotland’s domestic rural architecture. Whilst it is conceded that the dwellings to be located on plots 2 and 3 would be somewhat higher than the recommended 7 metre height this would be offset by the existing levels which fall downhill along these plots. In practice this would result in three similarly aligned roofs as measured from the 7 metre high ridge on the dwelling at plot No 1. The orientation of the three dwellings, at right angles with Main Street, while not generally permissible is considered to be justified in this instance owing to the unique position of the application site to the edge of Longriggend village. In addition the gable end at Plot No. 1 has been amended to include features such as door and window openings, common with the existing streetscape.

4.6 In conclusion, the proposal has been found to be compliant with the development plan policy and there are no material considerations that would override this position. It can be shown that requirements for access, built form, amenity and plot size can be adequately satisfied and as such it is recommended that permission be granted subject to the attached conditions. Application No: C/06/01350/FUL

Date Registered: 10th August 2006

Applicant: John Wilson 4 Dundonald Crescent Coatbridge _- ML5 5DG Development: Erection of Detached Garage and Screen Fence to Rear of Dwellinghouse (In Retrospect)

Location: 4 Dundonald Crescent Old Monkland Coatbridge North Lanarkshire ML5 5GD

Ward: 40 Old Monkland Councillor Thomas Maginnis

Grid Reference: 272700663640

File Reference:

Site History: 02/00727/FUL Erection of 85 Dwellinghouses, granted 29 August 2002

Development Plan: The site is designated as HG9 (Existing Housing) in the adopted Monklands Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 2 letters of representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:- Planning Application No. C/06/0135O/FUL Erection of Detached Garage and Screen Fence to Rear of Dwellinghouse (In Retrospect)

4 Dundonald Crescent, Old Monkland, Coatbridge * Representations Background Papers:

Application form and plans received 10th August 2006

Letter from Mr & Mrs C. Sayle, 2 Dundonald Crescent, Coatbridge, ML5 5GD received 23rd August 2006.

Letter from Mr & Mrs Kane, 6 Dundonald Crescent, Coatbridge received 21 st August 2006.

Monklands District Local Plan 1991

Any person wishing to inspect these documents should contact Mr Christopher McNey at 01236 812375.

Date: 2 October 2006 APPLICATION NO. C/06/0135O/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought for the erection of a detached garage and screen fence, in retrospect, to the rear of the dwellinghouse at 4 Dundonald Crescent, Coatbridge. The dwelling is a two storey semi-detached property and is located in an established residential area. The site itself has been recently completed (16/04/04) and backs onto Ailsa Road.

1.2 The height of the screen fencing has been raised from 1 metre to 1.8 metres to each side. The fencing is narrowly slatted to the east side and close-boarded to the west. To the north the original brick wall (Im), which has columns that reach approximately 2.2 metres, has been extended by close-board fencing to a height of 2 metres.

1.3 The footprint of the garage is under 24m2,the roof is pitched and under 4 metres in height and it would be considered permitted development if it did not project beyond the existing dwelling towards Ailsa Road at the rear. It is sited within the rear garden and is screened by the wall and fence to the rear, and by a gate and fence to the front. It is a sectional garage, finished in dry- dash render which matches the render on the houses in Dundonald Crescent and Ailsa Road.

2. Development Plan

2.1 The site is designated as HG9 (Existing Housing) in the adopted Monklands Local Plan 1991. There are no strategic issues.

3. Consultations and Representations

3.1 No consultations have been carried out.

3.2 Two letters of objection have been received, one from 2 Dundonald Crescent, and one from 6 Dundonald Crescent, properties to either side of the proposed site. The concerns raised can be summarised as follows: 0 Both objectors state that the garage is an eyesore 0 Both objectors state that because of the design the fence will not withstand storms 0 Fence being built on applicants land and the cost and ownership not being shared with them. They will now incur added costs because they will have to build their own fence, and move existing plants and decking 0 Fence shadow being cast on garden, killing plants 0 Future problems selling their house because of appearance to the rear 0 The distance of the garage.+ to their boundary (less than 1metre), and shadow created in garden by garage 0 Not being consulted about fence 0 Overspill from gutter and position of drainpipe adding to poor drainage in garden

3.3 The letter of representation by 6 Dundonald Crescent also suggested provisos that would make the development acceptable to them: 0 One fence of 6 feet between gardens, all the way around with no breaks. 0 Garage brickwork to match existing styles in estate. 0 Garage at least 2 metres from 6 Dundonald Crescent. 4. Planning Assessment and Conclusions

4.1 The application is located within an area zoned HG9 Housing Policy for Existing Residential Areas. In this area alterations and extensions to dwellinghouses, including the erection of a garage within 5 metres of the dwelling, are considered acceptable in principle. The design guidance for house extensions within the Monklands District Local Plan 1991, states that garages should preferably be located to the rear of the house, but should not be forward of any wall of a house fronting a road, and should be set back a minimum of 6 metres from the footway. It also states a preference for pitched roofs, matching materials and matching styles/proportions. Pitched roofs should match the pitch and materials of the house roof and the external finishes chosen should be the same as, or match closely as possible those of the original building.

4.2 The erection of fencing has to be considered against the guidelines contained within HG9 about maintaining residential amenity, including visual amenity, road safety, and privacy.

4.3 In response to the above points of representation, the points can be divided into concerns about the garage and concerns about the fencing;

4.4 With regard to the garage:

There are concerns about the visual impact of the garage on the residential amenity of the area. The garage is largely screened from Ailsa Road and Dundonald Crescent by walls and fencing. The main impact would be on 6 Dundonald Crescent. The existing dwellings have buff and red facing brick on the ground floor and dry-dash render above. It would have been preferable for the garage to have been finished in these materials. The garage is finished in dry-dash which is a common render within residential areas, it is also evident on the houses on Ailsa Road onto which it projects. The garage meets the size and height requirements of a garage that would normally be permitted development but it requires planning permssion as the rear garden faces Ailsa Road. The location of the garage, within one metre of the boundary, is not uncommon within gardens. The concerns about possible overspill from the guttering increasing the poor drainage in the neighbouring garden is not a material planning consideration. This hypothetical situation would be a private legal matter outwith the remit of the planning authority. Devaluation of adjacent properties is not a material planning consideration.

4.5 With regard to the fence:

Both objectors had concerns about the fence being blown over. There are many examples of close-boarded fences in the area. The fence would provide privacy to the site and to the neighbouring sites, slatted fencing would not provide the same privacy. With reference to the objection to the fence being erected within the applicants own curtilage. It is considered ‘good practice’ not to build on shared boundaries, any shared costs of works would be a private legal matter and not a material consideration. Any perceived added costs to the objector are not a material consideration in this instance. 0 With reference to the objection that the applicant did not consult with neighbours before building the fence. As .this application is in retrospect this is a fair comment. It is a requirement that neighbours be notified of any planning application. However, the complaint is not a material planning consideration as the submission of this application has addressed this point.

4.6 It is considered that the garage does not cause a significant increase in overshadowing and the remaining garden area would be acceptable for the site. The development would have impact in relation to privacy, providing both the site and neighbouring property at 6 Dundonald Crescent with an increase. 4.7 The materials used in the construction of the garage are not ideal, but do meet with condition 9 of the planning consent 02/00727/FUL, in that the render matches with the existing dwelling. The impact is reduced by the screening provided by the front, rear and adjoining side fencing, largely concealing the gacagecfrom view. The trigger for the consideration of the garage is that it projects towards Ailsa Road, but it has no measurable effect on the road, as it is screened by the rear wall and fence.

4.8 It is considered that, as the fencing is below the 2 metre guidelines for fence height, it would not cause significant increase in overshadowing. As the rear fence is parallel to Ailsa Road, and not on a corner, it is assessed that it does not negatively affect any road safety. The fencing gives the applicant and neighbouring properties increased privacy.

4.9 The proposal is considered acceptable in terms of design and scale and integrates satisfactorily with the surrounding, the objections received have been assessed in terms of their materiality, and it is considered that no measurable negative impact has occurred in this development and I recommend permission be granted. Application No: C/06/01375/REM

Date Registered: 16th August 2006

Applicant: Andrew Begley 26 Freeland Place Kirkintilloch Glasgow G66 IND

Development: Erection of Dwellinghouse (Approval of Reserved Matters)

Location: I Land South Of 2 Crieff Avenue Chapelhall Ai rdrie North Lanarkshire ML6 8HD

Ward: 52 Salsburgh Councillor David Fagan

Grid Reference: 277788 662159

File Reference: C/PL/C H C 794/G D/LR

Site History: 03/00935/0UT Erection of Dwellinghouse (In Outline) approved 21st August 2003

Development Plan: From the Adopted Monklands District Local Plan 1991 Policy HG4 (Strategic Housing Site) would apply

Contrary to Development Plan: No

Consultations:

Representations: one letter of representation.

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions: -

1. That the development hereby permitted shall be started not later than 11th October 2008.

Reason: To accord with the outline planning permission

2. That before the dwellinghouse hereby permitted is occupied 2 off-street car parking spaces shall be provided within the site, as indicated on the approved plans and shall, thereafter, be maintained as car parking spaces.

Reason: To ensure adequate provision of off street car parking NottoScale 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 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. That prior to any works commencing on site, the applicant must confirm in writing to the planning authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

Background Papers:

Application form and plans received 16th August 2006

Letter from L Graham,l Callander Road, Chapelhall, Airdrie, North Lanarkshire, ML6 8HA received 30th August 2006.

Any person wishing to inspect these documents should contact Mr Grant Douglas at 01236 812231

Date: 2 October 2006 APPLICATION NO. C/06/01375/REM

REPORT

1. Description of Site and Proposal

1.I This application seeks the approval of reserved matters for the erection of one dwellinghouse on land south of 2 Crieff Avenue, Chapelhall. The application site measures 0.4 ha and comprises a rectangular grassed area, which fronts onto Crieff Avenue. The site is bounded to the north, east and west by existing housing and forms part of an estate developed by Saltire Homes Ltd in the early 1990’s.

1.2 The proposed dwellinghouse would be 1% storeys in height with three dormer windows to the front elevation. External materials would include facing brick, render and concrete roof tiles similar to those used in the surrounding estate. The accommodation includes 4 bedrooms on the ground floor with an open plan “gallery-style” living area on the upper floor. As the site is sloping, the applicant has chosen to develop the upper floor as living space in order to maximise light and views to the public rooms.

2. Development Plan

2.1 The application site is located within an area designated as HG4 (Strategic Housing Area) in the Adopted Monklands District Local Plan 1991. The proposal is not of a scale considered to be strategically important.

3. Consultations and Representations

3.1 All relevant consultations were carried out at the outline application stage and no objections were received.

3.2 Following the standard neighbour notification procedure one letter of objection has been received against the proposal. The points of this objection can be fairly summarised as follows.

(a) The proposed development would result in overlooking of neighbouring property.

(b) The proposed development would overshadow the garden ground of neighbouring property.

(c) Building work would cause increased noise and would damage planting within the gardens of neighbouring property.

4. Planninn Assessment and Conclusions

4.1 The application site is located within the area of the initial first phase of the “Dunalistair” housing development, which was approved in the early 90’s. Within that application the 0.4 Ha site referred to in this application was designated as a toddlers play area. Planning application 03/00935/OUT has since established the principle of a single house on this area noting that the loss of a toddlers play area in this location would not impact upon the overall provision of children’s play facilities within the area. 4.2 In terms of amenity and the points of objection these have been addressed as follows.

(a) In terms of overlooking the proposed dwellinghouse would lie on an area ground lower than the existing properties, including that of the objector. In addition the southern gable of the proposed dwelling, which faces the objectors property has no windows or doors.

(b) In terms of overshadowing it is once more important to note that the proposed house would be at a significantly lower level than those surrounding the plot. Furthermore the objector’s property is located to the south of the application site and as such no shadow would be cast to that direction.

(c) The noise caused during construction cannot be considered a material objection as it would be an inevitable consequence of any development, likewise damage to the objectors property at the construction phase would require to be resolved between the two parties.

4.4 In assessing such a proposal the approved design guidance must be considered. In this case the standards for open space around dwellinghouses would be of particular relevance. These standards advocate a minimum rear garden depth of 10 metres with 2.5 metres to either side of the dwellinghouse and 6 metres to the front. While the current proposal exceeds the requirements to both the side elevations, there are noticeable shortfalls, particularly to the rear. The maximum achieved to this aspect would be 7 metres with only 5 metres to the front of the property. However, in viewing the surrounding area it is significant to note that 10 metre rear gardens and 6 metre front gardens are rarely achieved at any of the surrounding plots. Furthermore the percentage of amenity space within the plot provided by the present application is in line with the standards at 11Osq metres, which is over the 70% requirement. The required two off street car parking spaces can be accommodated within the curtilage of the house. 4.5 The proposals are considered acceptable in terms of the Development Plan and in terms of the material considerations. It is considered that the proposed dwellinghouse would integrate satisfactorily with existing properties in the surrounding area and that there would be no detriment to residential amenity at the location. Therefore it is recommended that permission is granted subject to the recommended conditions. Application No: C/06/01428/OUT

Date Registered: 25th August 2006

Applicant: Allden Homes 8 Woodlands Grove Armadale EH48 2UH

Agent Jim Miller Architectural Technician 11 Bughtknowes Drive Bathgate EH48 4DP

Development: Erection of Two Dwellinghouses

Location: Land To The West Of 99 Main Street Longriggend Airdrie North Lanarkshire ML6 7RS

Ward: 46 Plains And Caldercruix Councillor Thomas Morgan

Grid Reference: 282392670203

File Reference: C/PL/LRM03000099/SMI/EL

Site History:

Development Plan: The application site falls within an area designated as ECON 8 (General Urban Areas) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Scottish Water (no response) Scottish Power (no objections) British Telecom (cornm ents) Scottish Environment Protection Agency (no objections in principle)

Representations: 1 letter of representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of 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. Planning Apl ication No. C/06/01428lOUT Erection of Two Dwellinghouses Land To The West of 99 Main Street, Longriggend,Airdrie * Representation Site Area 0.23 HA 2. For the avoidance of doubt, no approval is hereby given for the indicative details submitted with the planning application

Reason: To define the permission.

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) the details of the hard and soft landscaping of the site (f) details of existing trees, shrubs and hedgerows to be retained; (9) details of existing and proposed site levels. (h) dropped kerb details

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

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

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

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 permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To ensure that vehicles can enter and leave the site in forward gear in the interest of road safety.

7. That before the dwellinghouse permitted is occupied a 2 metre wide footway shall be provided along the frontage of the plot and thereafter be maintained as footway.

Reason: To ensure the provision of adequate pedestrian footway in the interest of road safety.

8. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). As foul waste disposal will be by septic tank it should be noted that the preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. Surface water should be excluded from the foul drainage treatment system.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 9. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing .with.the Planning Authority, full details of the location and design of the proposed surface water drainage system shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

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

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

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

11. That no part of the development hereby permitted shall exceed 1 1/2 storeys or 7 metres in height and the dwellinghouses shall have traditional double pitched roofs.

Reason: To restrict the height of the proposed development in the interest of streetscape continuity and visual amenity.

12. That the design and siting of the dwellinghouse hereby permitted on the site shall take cognisance of the rural location, with particular regard being paid to scale, roof pitch, fenestration and materials; and shall be in accordance with the provisions of Planning Advice Note No.72.

Reason: To ensure that the proposed building is designed in keeping with the rural setting.

Background Papers:

Application form and plans received 25th August 2006 Monklands District Local Plan 1991

Letter from Scottish Power received 4'h September 2006 Letter from British Telecom received 1lth September 2006 Letter from Scottish Environment Protection Agency received 2dh September 2006

Letter from I. Gibson, 99 Main Street, Longriggend, Airdrie, ML6 7RS received 6th September 2006.

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

Date 28'h September 2006 APPLICATION NO. C/06/01428/0UT

REPORT

1. Description of Site and Proposal

1.I Planning permission is being,sought in outline for the erection of 2 dwellinghouses at land west of 99 Main Street Longriggend. The site sits to the north of Main Street with a street frontage of 24 metres widening to 45 metres along the rear boundary and is 65 metres in depth. It is bound to the east by 99 Main Street, to the West by an area of ground which houses an electrical substation and to the rear by a disused railway. The site slopes down from the main street to the railway at the rear, is currently undeveloped and is overgrown with thick vegetation.

1.2 As noted above this application is in outline however the applicant has submitted an indicative layout plan showing how two plots could be accommodated within the site.

2. Development Plan

2.1 Under the terms of the Monklands District Local Plan 1991 the application site is located within an area designated as ECON8 (General Urban Areas). There are no strategic issues.

3. Consultations and Representations

3.1 Following standard neighbour notification procedures 1 letter of representation was received. The objections contained within the letter can be summarised as follows:

(i) Japanese Knotweed is present on the site. When the site was cleared 1 year ago soil was carried through the village spreading the Knotweed. The plant creates difficulties and damage especially to building foundations. (ii) An old freshwatei’spring still exists on site and has only been covered over. (iii) The area at the front of the land has always been used as a parking area. Originally a bus terminus it is now used by visitors to the village as a parking area for the children’s playground and by people setting off on country walks. (iv) The land has never been used for building purposes. (v) There is the problem of drainage and where is the flow from the septic tank to go.

4. Planninn Assessment and Conclusions

4.1 The application site lies within an area designated as ECON8 General Urban Areas in the Monklands District Local Plan 1991. This policy sets the principle of mixed uses which may include; light industrial, office, business use and houses with workshops. Such uses will be considered acceptable where requirements for access, plot size, built forma and amenity can be met.

4.2 The application site lies within the boundary of the Longriggend village envelope. A number of applications for ‘Infill Housing’ have been granted in the village in the recent past. It is envisaged that the indicative house plots are of such a size to be able to accommodate dwellinghouses which will accord with the principles contained within the current design guidance on ‘Infill Housing’. 4.3 The points raised in the letter of representation are addressed as follows:

As noted the site is heavily overgrown and there may be Japanese Knotweed present on the site. Japanese Knotweed is an invasive species considered to be contaminated waste and its disposal is dealt with under legislation regulated by SEPA. The presence of Japanese Knotweed on the site is not a material planning consideration and does not merit the refusal of this application. Indeed it is considered that the careful removal and eradication of the Knotweed, in line with the relevant controls, would be of benefit to the village. The developer requires to satisfy themselves and building standard regulations that the site is stable for to build on and in this instance is not considered to be a material planning consideration. The applicant will be asked to take cognisance of any well when designing the drainage of the site which will be dealt with at the reserved matters stage and will be in accordance with SEPAs guidance. There is an area of hardstanding within the site adjacent to the main road which is currently utilised as an informal parking area. This area is within the application site boundary and is in the ownership and control of the site owner. As noted the site is currently vacant, however this does not preclude the development of the site in accordance with the development plan. The site is currently overgrown and offers little to the amenity or streetscape of the village. The applicant has submitted an indicative layout plan together with an indicative drainage scheme. It is acknowledged that Longriggend is outwith the public sewered area and that the proposed dwellinghouses would require to be served by a septic tank and incorporate a SUDS facility. These would have to comply with SEPA regulations and would be addressed as part of the reserved matters application.

4.4 In conclusion, due consideration has been given to the points of representation raised, nevertheless no reason was found to uphold the objections. The proposal to erect two dwellinghouses on the application site is considered to accord with the principles of the development plan and it is therefore recommended that planning permission be granted subject to conditions.

4.5 Committee is asked to note that the objector has requested that a site visit be undertaken prior to any decision being made on this application. Application No:

Date Registered: 24th March 2003

Applicant: Douglas Park C/o 12 Beveridge Terrace Mosse n d Bellshill ML4 2RJ

Agent Stanley C. Cook M.R.T.P.I. 12 Beveridge Terrace Mossend Bellshill ML4 2RJ

Development: Formation of Vehicular Access

Location: 517 Windmillhill Street Motherwell Lanarkshire MLI 2UF

Ward: 12 Knowetop Councillor William Wilson

Grid Reference: 276222656093

File Reference: S/PL/B/l2/18/GORL/MM

Site History: No Relevant History Development Plan: The site is zoned for Residential Use in the Burgh of Motherwell and Wishaw Development Plan 1953 and as policy RTL3 (Retail Warehouse Development) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Reason:-

1. That the proposal is contrary to the provisions of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) policy TR13 - Assessing the Transport Implications of Development, in that the proposal would, due to additional vehicular movements and manoeuvres, and the introduction of sub-standard junction spacing, seriously compromise pedestrian and vehicular safety within the area. .------Y 4._

MNDMILLHILL STREET

Produced by N North Lanarkshire Council Planning Application No. S I03 I00398 I FUL Planning and Environment Dept Fleming Housa, 2 T/st Road Cumbsrnauid, 067 1JW Formation of Vehicular Access te 01238616210 kx 01236 616252 Thk map is reproducad from Ordnanu, SUN^^ 517 Windmillhill Street Motherwell material Ahthe permi%Dn of Ordnawe Survey on behalf of the Controller of Her Makstfs Stationery Offie. 0 Crown copyright. Unauthorised reprodudon infrinQesCmrm copyrightand may lead to ProsaCUtDn or oNll pmesdings. North Lanarkshire Council 100023398 2004 Background Papers:

Application form and plans received 24'h March 2003

Memos from Transportation Section received 14'h April and 28thJuly 2003

Burgh of Motherwell and Wishaw Development Plan 1953 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01698 302128.

Date: 26 September 2006 APPLICATION NO. S/03/00398/FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks planning permission for the formation of a vehicular access onto Windmillhill Street, to access an existing retail warehouse unit, situated between Orbiston Street and Windmillhill Street. The unit is currently accessed from Orbiston Street.

1.2 The current retail warehouse, occupied by ‘Textile World’, is located in an area characterised by a mix of uses. Further retail warehouse uses are located directly adjacent to the west, 3-storey flats to the east and a tyrelexhaustlmot centre opposite to the south. The application site extends to the north right up to Orbiston Street itself. There are also various car showrooms in the vicinity of the proposed access. Also located in the vicinity is the junction of Fern Street with Windmillhill Street and various accesses serving adjoining landuses. The proposed access would directly cross over an existing bus lay-by.

2. Development Plan

2.1 The site is zoned for Residential Use in the Burgh of Motherwell and Wishaw Development Plan 1953 and is covered by policy RTL3 (Retail Warehouse Development) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policy TR13 (Assessing the Transportation Implications of Development) is also relevant to this development.

3. Consultations and Representations

3.1 My Transportation Team Leader has raised serious concerns over the proposals on the basis that the proposed access would result in an additional junction on a busy, and at times, congested, A-class road. It is highlighted the proposed new access would result in additional accelerating, braking & turning manoeuvres all to the detriment of general road safety and that these manoeuvres would increase traffic congestion along this length of road. My Transportation Team Leader has therefore recommended that planning permission be refused.

4. Planninn Assessment and Conclusions

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

4.2 In terms of the development plan, the application is not of strategic relevance and can therefore be assessed against the provisions of the Local Plan. The site is zoned for residential purposes in the Burgh of Motherwell and Wishaw Development Plan 1953, however, this plan is significantly out of date. The up-to-date policy position is that found in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) where the site is covered by policy RTL3 (Retail Warehouse Development). This reflects the long established use on the site. The current application is for a new secondary access to serve the existing retail warehouse from Windmillhill Street in addition to the existing access on Orbiston Street. The proposal does not impact on the established use in policy terms and there is no requirement to revisit the general provisions of the policy RTL3. 4.3 In assessing new access proposals, reference is given to Policy TR13 (Assessing the Transportation Implications of Development). Policy TRI 3 details general assessment criteria which includes:

1) The level of traffic generated by a proposal and it's impact on the environment and adjoining land uses; 2) The impact of development proposals on road traffic circulation and road safety; and 3) The scope to integrate development proposals with existing public transport facilities. 4.4 Windmillhill Street is classed as a District Distributor Road and as such a minimum junction spacing of 150 metres is required. This proposal would introduce junction spacing of approximately 25 metres between Fern Street and also with the adjacent Taggarts garage. Furthermore, the proposal would result in access being taken through an existing bus lay-by.

4.5 While the proposal has no general landuse policy implications, my Transportation Section has objected due to the impact that the access will have on the existing road network. It is considered that the access will result in additional accelerating, braking and turning manoeuvres which would have a detrimental impact on pedestrian and road traffic circulation and safety. This is proliferated further by the access joining an already busy section of road. Furthermore, taking the access through a bus lay-by is also unacceptable. While the applicant has suggested that the bus lay-by could be relocated, having considered how this might be achieved there would appear to be no acceptable solution in the vicinity. Alternative options have implications for forward visibility requirements on Windmillhill Street as well as land ownership and residential amenity issues for the existing adjacent flats. The obvious relocation position takes the lay-by directly to the front of the adjacent flats with an encroachment onto front garden ground. I do not consider this to be appropriate.

4.6 While not contrary to the land use zoning of the emerging local plan it considered that the proposal would be detrimental to general road and pedestrian safety in the area. The proposal is therefore considered to be contrary to the provisions of policy TRI 3 (Assessing the Transport Implications of Development)... and as such is recommended for refusal.

4.7 It should be noted that the applicant has requested that a site visit and hearing be conducted prior to a decision being made on the application. Application No: S/04/00645/FU L

Date Registered: 22nd April 2004

Applicant : Wishaw & District Housing Association Ltd 55 Kirk Road Wishaw ML2 7BL

Agent Coltart Earley 11 Clairmont Gardens Glasgow G3 7LW

Development: Residential Development Comprising 14 Flatted Dwellings and 32 Dwellinghouses

Location: Land North of 92-1 10 Woodside Crescent Newmains Wishaw Lanarkshire

Ward: 16 Newmains Councillor David McKendrick

Grid Reference: 282730656835

File Reference: S/PL/B/3/50/FM/MM

Site History: 66/90 - Outline consent for a residential development granted 2nd August 1990.

60/90A - Detailed permission for 39 plots and access road granted 3" July 1991.

60/90B - Detailed permission for 36 plots granted I"July 1992.

60/90C - Detailed permission fyt- 7 detached plots accessed from Woodside Crescent granted 1 1 March 1993.

552/92 - Permission for 6 plots and access from Woodside Road, granted 28'h July 1993.

96/521 - Permission for 23 houses on western part of site, granted 25'h July 1997

Development Plan: The site is zoned as HSG2 (Housing Development Opportunities) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policies HSG5 (Housing for Rent, Shared Ownership and Special Needs), HSGlO (Assessing Applications for Housing Developments) and TR13 (Assessing the Transportation Implications of Development) also apply. Produced by Nonh LanarkshireCouns11 Planning and Environment Dept Planning Application S I 04 I00645 I FUL Fleming House 2TrptRoad Cumbernruld, 067 1JW tel Of298616210 Residential Development Comprising 14 Flatted tax 01238 818232 Dwellings and 32 Dwellinghouses This mao is reDroducsd from Ordnance Survev i Contrary to Development Plan: No

Consultations: NLC Community Services Department (Comments) NLC Education Department (Comments) Scottish Environment Protection Agency (Comments) Scottish Water (Comments)

Representations: One letter of representation received

Newspaper Advertisement: Not Required

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.

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

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

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

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

Reason: In order to protect the amenity of future residents.

5. That before the development hereby permitted starts, a scheme of landscaping incorporating native species shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) 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) a time table for the implementation of these works

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

6, The landscaping scheme required under the terms of condition (5) above shall be implemented in accordance with the approved timetable unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of nature conservation, visual amenity and the amenity of future residents. 7. That within one year of the first occupation of the dwellings 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: In order to protect the visual amenity and habitat value of the site and in order to retain an effective and suitable green belt boundary.

8. That before the development hereby permitted starts, a scheme for the provision of an equipped play area within the site, hatched BLUE on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:-

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

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

9. That before occupation of the last 10 dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition 8 above, shall be completed.

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

10. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas shown on the approved plans, the landscaping details agreed through condition 5, the play areas agreed through condition 8 and the continuing maintenance of the SUDSlsurface water drainage infrastructure agreed through condition 18.

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

11. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 10 shall be in operation.

Reason: To ensure proper maintenance of the area,

12. That before any of the dwellings hereby permitted are occupied all the associated parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

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

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 14. That before the last of the dwellings hereby permitted are occupied, all roads and footways shall be completed to final wearing course.

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

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

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

16. That before the twelfth dwelling within the site is occupied the site entrance feature approved under the terms of condition (15) above shall be completed to the satisfaction of the Planning Authority.

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

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

Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems to allow the residential development to proceed.

18. That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme requires to comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems and with any requirements of Scottish Water. Thereafter, once completed, written confirmation, from a suitably qualified engineer, shall be submitted to the Planning Authority, confirming that the drainage system has been installed in accordance with the approved scheme. Any change to the site layout as a result of this scheme will require an amendment planning application to be submitted to and approved by the Planning Authority before development proceeds.

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

Background Papers:

Application form and plans received 19th April 2004 Amended plans received 27'h June 2006 and 27th September 2006.

Memos from NLC Transportation Team Leader received 20thand 27thJuly 2006 Memos from NLC Community Services Department received 21" July 2006 and 23' August 2006 Memo from NLC Education Department received I'August 20CJ6. Letter from Scottish Environment Protection Agency received 3 August 2006 Letter from Scottish Water received 14'h July 2006

Letters from Mrs Bell, Bonds Drive, Newmains, Wishaw, ML2 9ES received 7'h and 25'h July 2006. Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 302087.

Date: 3 October 2006 APPLlCATlO N NO. S1041006451FUL

REPORT

1. Description of Site and Proposal

1.1 This application seeks detailed planning permission for the erection of a residential development comprising of 14 flatted dwellings and 32 semi-detached and terraced dwellings on land to the north of 92-110 Woodside Crescent, Bonkle, Wishaw. The application site is an undulating site that slopes from the south to the north. Existing housing on Woodside Crescent bounds the site to the south, and a mixture of semi-mature trees and shrubbery bound the site to the west and north with the South Calder Water beyond. The east of the site is bounded by a single dwelling and open land beyond.

1.2 The application proposes to utilise an existing access into the site created by planning permission 60/90 (Bonds Drive). Following the clearance of scrub vegetation on the site it is proposed to erect the dwellings to the east of the site around the existing access road. The western section of the site would be developed around a new access road created from the corner of Bond Drive and running to the rear of 92-1 10 Woodside Crescent. The dwellings are to be in the form of cottage style flats, semi- detached blocks and terraced blocks, with three split level houses fronting onto Woodside Crescent. Parking will be provided through off street parking and courtyard parking with adequate visitor parking distributed evenly along the access roads. The proposed design of the dwellings is contemporary in nature using a variety of external finishes. Full details have yet to be finalised however the initial proposals are to finish the dwellings with a mixture of grey roof tiles, buff facing brick and white render, grey timber windows and timber doors. The only exception to the use of grey tiles is on the proposed split- level dwellings where it is proposed to use a zinc seam roof. The proposed finishes are similar to the recent Wishaw and District Housing Site on Walkerburn Drive, Wishaw.

1.3 There has been a history of planning permissions that have been granted on the site and adjoining land to the northeast and east dating back to the early 1990s. Planning permission was granted on 2"d August 1990 (ref: 66/90) for all the land to the rear of Woodside CrescentlComliebank, including the current application site and the upper plateau. However this consent has never been implemented and has subsequently expired. On the 3" July 1991 detailed planning permission for 39 plots on the upper plateau (current application site) was granted subject to a condition requiring control to be obtained over the visibility splay at Bonkle Road before the development started. This consent has also not been implemented and has subsequently expired. On the 1'' July 1992 planning permission was granted for 36 plots on the western part of the upper plateau (Bonds Drive) subject to a condition relating to the visibility splay onto Woodside Crescent. The condition was duly met and construction work on the road commenced. To date the road/footways from Woodside Crescent have been constructed but not to adoptable standards and one plot within the upper plateau area has been completed and is occupied by a Mr and Mrs Bell. NLC Transportation Section have a bond and construction consent in the name of Oscarpark Developments for the access from Woodside Crescent. The site was sold to the current applicant Wishaw and District Housing Association in 1993.

2. Development Plan

2.1 The site is zoned as Policy HSG2 (Housing Development Opportunities) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). This Policy states that the Council will actively support and where appropriate, promote the release of sites identified in Schedule HSG 2 for private sector housing development. Policies HSG5 (Housing for RentlShared Ownership), HSGl 0 (Assessing Applications for Housing Developments) and TRI 3 (Assessing the Transportation Implications of Development) are also applicable. 3. Consultations and Representations

3.1 My Transportation Section have raised no objections to the application and have advised that the existing road layout has yet to be adopted. As such the proposed alteration to its layout cannot go ahead at present until the existing construction consent has been altered or a stopping up order is promoted under planning legislation once the road has been formally adopted. In addition they have advised that the existing services may need to be relocated and that the existing street lighting layout will need to be altered to allow the proposed driveway arrangement at block 8 and the dropped kerb footway crossings at blocks 5 and 6. The turning arrangements are satisfactory, notwithstanding that part of the eastern turning circle is currently blocked.

3.2 NLC Community Services have offered no objections to the application provided a number of conditions are attached to the consent. They have also recommended the incorporation of a Sustainable Urban Drainage Scheme and detailed landscaping proposals, to include an 8 metre buffer planting zone to the north site boundary and some screening at the rear of Woodside Crescent properties. They note the requirement to treat Japanese Knotweed at the site in accordance with legislation. NLC Play Services have advised that the minimum requirement for equipped play space is 500 square metres. It has been recommended that the play area be located towards the centre of the development.

3.3 NLC Education Department have advised that the site is within the catchment area for Morningside Primary, Newmains Primary and St Brigids Primary and Clyde Valley High and St Aidans High School. As all pupils within the zoned housing cannot be fully accommodated a developer contribution at a current cost of approximately f250,OOO for a two classroom extension to Morningside Primary has been requested.

3.4 Scottish Water have advised that both the Daer Water Treatment Works and Swinstie Waste Water Treatment Works currently have sufficient capacity to the serve this proposed development. In addition Scottish Water have advised that a separate drainage system will be required for surface water and that the planning permission should be conditioned to ensure surface water is treated by a scheme of Sustainable Urban Drainage Systems (SUDS) scheme. The type of SUDS required may be dependent on the outcome of the site investigation.

3.5 The Scottish Environmental Protection Agency have also requested that surface water be treated by a SUDS scheme and have also confirmed that they have no records of flooding at this location.

3.6 One letter of representation has been received following the press advertisement and neighbour notification procedures. The letter raises a number of objections in relation to the turning circle outwith the application site boundary to the front of the objector’s property. It has been stated that there is no turning point for vehicles and that the turning circle shown on the plans is part owned by the objector and is being used as private parking for the objector’s family. In addition the objector claims to have been informed that planning permission would not be granted without a turning circle and expected to see the road layout changed to include another turning point not intruding onto the objector’s land.

4. Planning Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues. This application must be assessed against the relevant development plan policies, which are Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) Policies HSG2 (Private Housing Development), HSG5 (Housing for Rent, Shared Ownership and Special Needs), HSGIO (Assessing Applications for Housing Developments) and TR13 (Assessing the Transportation Implications of Development), together with other material considerations.

4.2 The application site is proposed for Private Housing Development, in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policy HSG2 applies and states that the Council will actively support and where appropriate release sites identified in Schedule HSG2. It is acknowledged that the site is identified for a private housing development, however given the history of the site and the land use zoning of the site, the principle of a housing association residential development is acceptable.

4.3 In considering applications for Housing for Renushared Ownership, Policy HSG5 (Housing for Renushared Ownership) applies and states that the Council will support the continued involvement of housing associations and co-operatives in providing a range of housing opportunities. The proposed development accords with Policy HSG5.

4.4 To assess proposals for new housing development consideration is given to Local Plan Policy HSGlO (Assessing Applications for Housing Development). Policy HSGlO details criteria against which new housing sites will be assessed. These include (a) impact on the existing built and natural environment; (b) measures to reduce energy consumption and promote efficiency; (c) environmental conditions; (d) risk of flooding; (e) density/layout/mix; (f) detailed design elements; (9) design and layout; (h) landscaping, open space and play areas; and (i) provision of roads, access and parking.

4.5 On assessing the detailed proposals against the relevant policy and guidance, the layout is found to satisfactorily achieve current standards. (a) In general terms the development of the site will see a marked improvement in the overall environment of the site, following the, construction of the road and a single dwelling and the subsequent abandonment of the development of the site. b) The site also benefits from its urban setting and links with public transport. (c & d) Environmental conditions and drainage/flooding issues are addressed in paragraph 4.9 and it is considered can be satisfactorily addressed by conditions, (e, f & g) the dwellings show an adequate level of useable private garden ground and design details are satisfactory, subject to conditions on finishing materials. Given the design and positioning of the dwellings there are no concerns surrounding loss of privacy, loss of sunlight, overshadowing and general impact on residential amenity of adjacent residential properties on Woodside Crescent. (h & i) Transportation and landscaping issues are addressed in paragraphs 4.6 and 4.7.

4.6 In assessing the transportation implications of a development, Policy TR13 is a material consideration and states that the Council will take account of criteria including: the impact of the development on road traffic circulation/road safety and the provision made for access, parking, vehicle manoeuvring and access for all. My Transportation Section has confirmed they have no objections to the proposed internal access road, parking courtyards, off street parking and visitor parking arrangements. It is therefore considered that the proposals are acceptable in terms of the transportation requirements of policies HSGlO and TRI 3.

4.7 In terms of the boundary treatment issues raised by NLC Community Services, I can advise that it is considered that conditions can be imposed to require the submission of a landscaping scheme and tree protection measures prior to the start of works on site. In relation to their request for the planting of an 8 metre landscaping buffer to the north of the site it is considered that the existing tree planting in this area is sufficient in creating a landscaped buffer. Furthermore the request for’ screen planting to the rear of 92-1 10 Woodside Crescent is considered unnecessary as the Council’s requirements of window to window distances of 18 metres is exceeded. In terms of the comments received from NLC Community Services in respect of the treatment of Japanese Knotweed, it is considered appropriate to attach an advisory note to the applicant to the consent. In response to the comments made by the Play Services Manager, I can advise that the play area including its buffer planting area exceeds the 500 square metre minimum requirement. Furthermore following the amendment to the window arrangement of the adjacent units, it is considered that the play area is adequately overlooked by dwellings in a way that would not cause conflict between the use of play equipment and future residents. In relation to the detailed requirements for play equipment and fencing etc it is recommended that conditions be imposed requiring the submission of a detailed scheme.

4.8 In response to the comments made by NLC Education in relation to a developer contribution, I consider that given the- previous consents granted did not require a developer contribution that it is unreasonable to request a developer contribution in this instance.

4.9 With respect to the comments received from Scottish Water and SEPA it is recommended that a condition be imposed to require an appropriate SUDS scheme. In this instance in case the required level of SUDS results in any further land take it is recommended that a condition highlights that any amendments required to the number, size and layout of the approved dwellings would require an amendment planning application.

4.10 In response to the letter of representation received, the Transportation Section advises that the turning circle, as is currently constructed, does allow vehicles to make turning manoeuvres despite the obstruction. Vehicles can U-turn safely by utilising the completed section of the turning circle. Furthermore the Network Team Leader is currently in discussions with NLC Legal Services and the previous site owner with respect to completing the road works (turning circle and other minor road works) which would allow the road to be put on the maintenance period for future adoption.

4.11 In conclusion having due regard to the provisions of the Development Plan, the application proposals are considered to be acceptable and to comply with Policies HSG2, HSG5, HSGIO and TR13. While some details are outstanding, in this instance these matters can be satisfactorily covered by conditions. I therefore recommend that planning permission be granted subject to conditions.

4.12 It should be noted that the objector has requested that a site visit and hearing be carried out prior to the determinatbn’of ttie application. Application No: S/06/011O6/FUL

Date Registered: 20th June 2006

Applicant: Glasgow Healthcare Clo Burnside House Beech Avenue High Burnside Glasgow G73 4RJ

Agent The McLennan Partnership Ltd Burnside House Beech Avenue High Burnside Glasgow G73 4RJ

Development: Construction of 110 Bedroom Nursing Home

Location: Land At Buchan Road Carfin Industrial Estate Motherwell North Lanarkshire MLI 4UE

Ward: 5 New Stevenston And Carfin Councillor Helen McKenna

Grid Reference: 276544658826

File Reference: S/PL/B/5/56(21S)/PW/MM

Site History: None Relevant

Development Plan: Identified as being part of Royal Navy Stores Depot in the County of Lanark Central Area Part Development Plan 1964.

The site is zoned within an Established Industrial Area in the Northern Area Local Plan (1986).

Zoned within an Established industrial and Business Area, Policy IND 8 in The Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005)

Contrary to Development Plan: Yes

Consultations: Leisure Services (Comments) Scottish Environment Protection Agency (No Objection) Scottish Water (Comments) British Gas (No Response) Scottish Power (No Objection) Strathclyde Police (Wishaw) (No Response) Fire Safety Officer (No Objection) British Telecom (Comments) plcducec by North Lanarkshire Coundi Planning Application No. S / 06 / 01 106 / FUL Planning and Ewimnmnt Dspt Fbming House, 2Trpt Road Cumbernauld. 067 1Jw Construction of 110 Bedroom Nursing Home tei 0ins6iaio hx 01236 616232 Land At Buchan Road Carfin Industrial This map ir raprcduced from Ordnance Survey Estate Motherwell mtarhl vhh the pcrmisswn of Ordnawa Survey on behall dthe Controller d Her Maysty6 StaUonWYOtfice. Qcrownwpyrbht UnauthOnssd Representation Site Area = 0.58 ha reprdudlon infringes Cmwpynghtand may * lead to pmwcutlon or civil pmcsedings. Nolm Lanarkshire Council 100023306 2w4 Representations: Three Letters of Objection

Newspaper Advertisement: Advertised on 6th July 2006

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 is commenced, full details of the proposed bin storage area shall be submitted to and approved in writing by the Planning Authority.

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

3. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.

Reason: In order to protect the amenity of adjacent residents.

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.

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

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.

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

6. That notwithstanding the requirements of condition (5) above, before the development hereby permitted is brought into use a 2 metre high stained timber, close boarded screen fence shall be erected along the eastern boundary of the application site and a wall/railing shall be erected along the frontage of the site at Buchan Road.

Reason: In the interests of the visual amenity of the area and the amenity of the adjacent residents.

7. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shajl be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, and measures for their protection in the course of development; (d) a scheme of planting to augment the existing boundary landscaping, including evergreen species to form an effective buffer; (e) details of the phasing of these works; and (f) for the avoidance of doubt, existing trees shall be retained unless otherwise agreed in writing by the Planning Authority.

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

8. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed parking areas shown on the approved plans; (b) the proposed external lighting to be provided for the site; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition (7) above; and (d) the proposed fences to be erected as approved under the terms of condition 4 above.

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

9. That within one year of the occupation of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (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: To ensure the implementation of the landscaping scheme in the interest of amenity.

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

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

11. That before the occupation of the development hereby permitted all roads and footways shall be completed to final wearing course.

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

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

Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems to allow the residential development to proceed

13. That notwithstanding condition (12) above, before the development hereby permitted commences on site, written confirmation shall be submitted to the Planning Authority that the drainage works are able to be carried out to the satisfaction of Scottish Water and the Scottish Environment Protection Agency and shall comply with the appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems and before the development is occupied written confirmation shall be submitted to the Planning Authority that these works have been completed to the satisfaction of Scottish Water and SEPA.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest SEPA guidance on SUDS.

14. That before the development commences, a Site Investigation report, in accordance with BS 10175:2001, shall be submitted for approval by the Planning Authority, and for the avoidance of doubt, the Site Investigation report shall take cognisance of the points of the memorandum from NLC Pollution Control dated 19th July 2006.

Reason: In order for the Planning Authority to consider these aspects in detail.

15. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning

Authority. - -. 1 Reason: In order that the trees are satisfactorily protected.

16. That before the development hereby permitted is occupied confirmation from a suitably qualified engineer shall be submitted to the Planning Authority that all works to any slopes within the site have been satisfactorily completed and that the land is in a stable condition

Reason: to be advised

17. 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 Adviser Status (ICE, SlSG 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 housing site in the interests of prospective residents (Note: A copy of the required Certificate is available from the Divisional Office).

Background Papers:

Application form and plans received 19th June and revised plans receivedlst September and 12th September 2006

Memo from Transportation Manager received !jthSeptember 2006 Memo from Geotechnical Team Leader received 7th {Ay 200yh Memos from Head of Protective Services received 19 and 27 July 2006 Memo from Leisure Services received 31" July 2006 Letter from Scottish Environment Protection Agency received 2nd August 2006 Letter from Scottish Water received 13th July 2006 Letter from British Gas received 30th June 2006 Letter from Scottish Power received 5th Ju\x 2006 Letter from Fire Safety Officer received 14 July 2006 Letter from British Telecom received 6th July 2006 Letter from Elizabeth Glasgow, 50 Aultmore Drive, Carfin, MLI 4FN received 3rd July 2006. Letter from Catherine Marshall, 24 Millard Avenue, Carfin, MLI 4GA received 7th July 2006. Letter from John Kennedy, 26 Millard Avenue, Carfin, Motherwell, MLI 4GA received 11th July 2006.

County of Lanark Central Area Part Development Plan 1964 Northern Area Local Plan (1986) Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005)

Any person wishing to inspect these documents should contact Mr Paul Williams at 01698 302091.

Date: 3 October 2006 L. . * APPLICATION NO. S106101106/FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks consent for the erection of a 110 Bed Nursing Home for elderly people on the site of the ‘Mayfield’ garage, at East Avenue/Buchan Road, Carfin, Motherwell. The proposal was originally for a 112 bed home, this has however been reduced due to the submission of amended plans. The site is presently occupied by a commercial vehicle servicing garage. The site is generally flat and level in relation to adjoining land. It is accessed via Buchan Road and East Avenue and is one of the remaining industrial /commercial sites within the old Carfin Industrial Estate. The site is bounded to the south and west by tree buffer planting beyond which lies residential development. Two mobile phone masts exist within the site and would be removed as part of the proposed development. The land to the east of the site has detailed planning permission for residential development and preparatory work is currently underway. This consent also includes the construction of a new access and roundabout from Carfin Street to access the site. A separate spur from this roundabout will serve this application site as well as four industriallcommercial units to the north.

1.2 The proposed building is formed over an H-plan and is three storeys high with traditional dual- pitched roofs and finished in brick, render and timber panelling with grey concrete roof tiles. Proposed car-parking and manoeuvring areas are to the north and east of the proposed building.

2. Development Plan

2.1 Strategic Policy 5 in the Glasgow and Clyde Valley Joint Structure Plan 2003 is relevant to the application. This policy seeks to safeguard strategic economic locations from inappropriate alternative uses in order to maintain a minimum ten year supply of maintainable industrial land.

2.2 The site is identified as being part of Royal Navy Stores Depot in the County of Lanark Central Area Part Development Plan 1964. The site is zoned within an Established Industrial Area in the Northern Area Local Plan (1986). It is similarly zoned as an Established Industrial and Business Area IND 8 in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies lNDl0 (Assessing Other Developments on Industrial & Business Land) and TR13 (Assessing the Transport Implications of Development) are relevant in this case.

3. Consultations and Representations

3.1 SEPA has no objection to the proposal in principle provided that detailed matters are satisfactorily dealt with. These being that all foul drainage should be connected to the public sewer and that written assurance from Scottish Water be provided that the additional flow arising from this development will not cause or contribute to the premature operation of consented storm overflows. Additionally, SEPA states that in the unlikely event that Scottish Water insists that all surface water drainage is excluded from the public sewer, all surface water drainage should be treated in accordance with the principles of the Sustainable Urban Drainage Systems (SUDS), Manual for Scotland and Northern Ireland published by ClRlA dated March 2000.

3.2 Scottish Water has no objection to the proposal subject to no negative impact on existing services and infrastructure. A totally separate drainage system will be required with water

.. discharging to a suitable outlet. Scottish Water also states that the developer should consider the use of SUDS in the surface water drainage design.

3.3 Strathclyde Fire Brigade, Scottish Power and British Telecom have no objections to the proposal.

3.4 The Transportation Team Leader of my department initially raised various concerns, however a revised layout has been submitted and he now has no objections to the proposals.

3.5 The Pollution Control Team Leader requested that an industrial noise assessment be carried out to assess the potential noise impact from the industriallcommercial units to the north of the application site. This has been done and Pollution Control are satisfied with the findings of the assessment that no special mitigation measures are required. The Pollution Control Team Leader has also advised that a full site investigation is required and makes comments regarding construction hours, noise and dust.

3.6 The Geotechnical Team Leader has commented that the site lies in an area of known mine workings and that it is also likely that the ground will be contaminated. It is also recommended in this case that a suitably qualified person should investigate any potential slope stability issues on the application site.

3.7 The Council’s Community Services Landscape Services Manager has emphasised the importance of soft landscaping and planting along the boundaries of the site to augment existing buffer planting adjacent to, but outwith the application site, in order to ensure an acceptable level of amenity and an attractive environment for the development and future residents. Although no objections have been raised there is concerns over the lack of space within the site to accommodate such planting. The Conservation & Greening Manager has confirmed that there are no nature conservation designations on the site. It is recommended that landscaping be undertaken using native/local species, that a SUDS scheme be installed and that the Japanese Knotweed on site should be correctly disposed of.

3.8 The application was advertised in the Motherwell Times on the dh of July 2006 as being contrary to the local plan. No letters of objection were received as a result of this. However, three letters of objection have been received, as a result of neighbour notification, from residents of dwellings in Aultmore Drive to the west of the site and Millard Avenue to the south. The objections are on the following grounds :-

0 Lack of information about the applicant and proposed customers/residents 0 Opposition to the proposed building being 4 storeys in height, it is requested that if it is approved that it should be reduced to 2 storeys to be in keeping with other buildings in the area. 0 Loss of Privacyloverlooking into gardens and windows particularly as existing deciduous trees offer sparse cover in winter 0 Adverse effect on traffic, inadequate parking and road safety

4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that planning applications should be assessed under the terms of the development plan and any other material considerations. In this case, the development plan consists of the Glasgow and the Clyde Valley Joint Structure Plan and the relevant adopted local plan. In this instance, due to the age of the 1964 adopted local plan, it is considered that the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005) should be the main determining document in terms of land use policy and as such, an overriding material consideration. 4.2 Firstly, in terms of the structure plan, the site is not identified as a strategic industrial location in the Structure Plan and as a such, this application does not conflict with Strategic Policy 5 and does not impact on the minimum 10 year supply of marketable industrial land. The proposal also accords with the structure plan in terms of its aims of promoting urban regeneration.

4.3 The site is zoned within an Established Industrial Area, (Policy IND 8) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). This policy states that the Council will seek to retain the existing character of such areas by safeguarding existing uses and supporting development of general industrial, distribution, storage and class 4 business uses where appropriate. Although the site is industrially zoned, it is considered that the principle of residential development is acceptable and has been set by the previous residential developments to the south and west of the application site. As such, this quasi-residential proposal in land use terms is considered acceptable.

4.4 Policy IND 10 (Assessing Other Developments on Industrial and Business Land) is also relevant. This policy requires assessment of the proposal in terms of the extent to which there is a surplus in the land supply for industry, whether it would undermine the attractiveness of the area, whether there is a specific locational requirement, economic benefit, suitable alternative site and the impact on travel patterns. In this case, as previously stated, it has become accepted over time after successive residential developments within the Carfin Industrial Estate, that residential development is considered appropriate and the redevelopment of residual business premises for residential purposes would be beneficial in terms of the residential amenity of existing and future residents.

4.5 Policy TR 13 (Assessing the Transport Implications of Development) requires assessment of the proposed development in terms of the level of traffic generated, road safety, circulation, access, parking and manoeuvring areas. It is considered that the access, parking and manoeuvring areas as amended are acceptable and the Transportation Team Leader has confirmed this to be the case. The site is currently accessed via Buchan Road to the east, which will be redeveloped for housing and work on this development is currently underway. This development also includes the construction of a new roundabout at Carfin Street to the north with a separate spur servicing this application site and also four other remaining industrial business premises, It is considered that this new access is acceptable as is the element of shared industrial residential road that the merging of both proposals would entail, as the length of road involved is relatively short. As such, the proposal is considered to accord with the aims of Policy TR 13.

4.6 In terms of the points of objection, I would comment as follows :-

0 Lack of information about the applicant and proposed customerslresidents Information about the applicant is not a material planning consideration. In terms of the proposed residents, the agent has indicated that the proposed nursing home is intended for the use of the elderly and infirm.

Height of the proposed building The originally submitted' proposal had a four-storey element. The proposal has now been amended to be three-storey, with the roof space utilised for service/storage space. The overall height of the building is 13 metres. Additionally, the applicant has provided proposed site level drawings which illustrate that the existing dwelling 21.5 metres to the east at Millard Avenue sits approximately 2 metres higher than the of ground levels of the application site. This will result in a ridge height only one metre higher than that of the two storey dwelling in Millard Avenue. Additionally, the nearest dwellings to the west are 27 metres away and the nearest dwelling to the south is 20 metres away. The proposed three- storey building is therefore not considered to be inappropriate in terms of scale. 0 Loss of Privacyloverlooking into gardens and windows /Existing deciduous trees offer sparse cover in winter As stated in the preceding paragraph, it is considered that there is adequate distance between existing dwellings and the proposed care home and that the height of the building is acceptable. There is therefore considered to be no privacy issues in terms of window to window distances. The existing tree buffer planting exists adjacent the southern and western boundaries of the site will provide some cover, however, it is considered that this can be augmented by additional planting adjacent to site boundaries within the site. A condition is recommended to ensure that this is provided.

Adverse effect on traffic, inadequate parking and road safety The Transportation Team Leader has advised that the proposed layout, as amended is acceptable in terms of access, parking and manoeuvring areas and has no objections to the proposal in the context of the new roundabout to built in conjunction with the adjacent housing site to the east.

4.7 In terms of site drainage, and water supply, I am satisfied, as a result of consultation responses from SEPA and Scottish Water that these issues can be dealt with by the use of appropriate conditions.

4.8 Conditions are recommended to address the issues raised by the Geotechnical team Leader.

4.9 The Director of Community Services has recommended that soft landscaping and planting is integrated into the site in order to augment existing buffer planting outwith but adjacent to site boundary. Although open space is limited within the site it is recommended that conditions are imposed to secure appropriate planting.

4.10 In conclusion, I am satisfied that the proposal accords with the relevant policies and that the proposed use is acceptable at this location. It is considered that the proposal will integrate harmoniously with the surrounding residential area, without adversely affecting the privacy or amenity of surrounding residential properties. Furthermore, it is considered that the proposed building in terms of design, massing and elevational details are acceptable. The access and parking arrangements are also satisfactory. Conditions are recommended to protect and retain the existing trees and to secure additional planting to alleviate the privacy concerns raised by the objectors. It is therefore recommended that permission be granted subject to the appropriate conditions. Application No: S/06/01124/FUL

Date Registered: 28th July 2006

Applicant: Arlene & Gary Henry 36 Aultmore Drive Carfin Motherwell MLI 4FN

Agent George Fleming 22 St Johns Way Bo'ness EH51 9JF

Development: Erection of Two-Storey Side Extension to House

Location: 36 Aultmore Drive Carfin Motherwell MLI 4FN

Ward: 5 New Stevenson and Carfin Councillor Helen McKenna

Grid Reference: 276548 658661

File Reference: SIPLIBI5I56ISMIMM

Site History: None Relevant

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

Contrary to Development Plan: No

Consultations: None Required

Representations: None Received

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reasons:-

1. That the proposal would be detrimental to Policies HSG 13 and TR13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) as the proposed parking layout would be substandard in length and will result in impractical manoeuvrability to and from the application site, which would be to the detriment of vehicular and pedestrian road safety.

Background Papers:

Application form and plans received 28th July 2006 and revised plans received 25th August 2006

Memo from Transportation Manager received 14'h August 2006

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

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

Date: 3 October 2006 APPLICATION NO. S/06/01124/FUL

REPORT

I. Description of Site and Proposal

1.I This application seeks permission to erect a two-storey side extension at 36 Aultmore Drive, Carfin Motherwell. The semi-detached dwel~inghouseis situated on a flat site within an existing residential area and is bounded by dwellings on all sides.

1.2 The two-storey extension will project 2.3 metres from the side of the dwellinghouse and will measure 7.91 metres in length and 7.3 metres in height. The extension would be in line with the front building line of the property and the ridgeline of the property would also be maintained. It is proposed to finish the exterior of the extension in both roughcast and facing brick to match the existing dwellinghouse.

1.3 The applicant proposes to provide 2 off-street parking spaces. The proposed block plan indicates a fully mono-blocked front garden in which the cars are proposed to be located.

2. Development Plan

2.1 The site is covered by policy HSG 8 Established Housing Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policy TR 13 (Assessing the Transport Implications of Development) and HSG 13 House Extensions are relevant to the consideration of this application.

3. Consultations and Representations

3.1 The Transportation Team Leader has objected to this application as the proposed parking arrangement is substandard. The proposal would result in the loss of the existing driveway at the side of the building and would leave an area of front garden, which would provide an insufficient length to accommodate 2 off-street parking spaces. The proposed parking arrangements would result in vehicles accessing the driveway having to mount both the carriageway and heel kerb, which would be to the detriment of road safety, with potential hazards to pedestrians.

4. Planninn Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the Local Plan Policies and other material considerations.

4.2 In terms of the Local Plan, Policy HSG 8 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005), seeks to protect the established character and amenity of existing housing areas. As house extensions are common place within residential areas, it is considered that the character and amenity of the area will be maintained subject to assessment of detailed criteria listed under Policy HSG 13. Policy HSG 13 of the Local Plan, sets out the criteria for the assessment of applications for extensions to dwellings including:- the size, proportion and positioning of the extension; its effect on parking provision, access and road safety; and its relationship to neighbouring properties, especially the potential effects on the privacy and amenity of the adjacent dwellings. The design and scale of the proposed extension is considered to be acceptable and in keeping with the surrounding area and it is proposed to finish the extension in materials, which match the existing dwelling. There will be no detrimental impact on the SunlighVdaylight currently enjoyed by the neighbouring dwellings from this proposal given that the extension is to project to the side and is located 0.9 metres away from the western side boundary. The proposal would cause no overshadowing issues to any adjacent neighbours. There are windows proposed to the front and rear, which would cause no overlooking issues as window to window distances are to be maintained. The size, proportion and positioning of thiz extension are considered to be acceptable, however the proposed extension would have an adverse effect on parking, access and road and pedestrian safety, and these are discussed more fully under Policy TR 13 below.

4.3 Policy TR13 (Assessing the Transport Implications of Development) is of particular relevance in this case. This sets out the criteria for the assessment of applications where transport issues must be considered including:- the level of traffic generated from the proposal; the impact a development will have on road traffic circulation and road safety and the provisions made for access, parking and vehicle manoeuvring. The proposed extension is to be built at the side of the dwellinghouse over a section of the existing driveway leaving a 3.8 metre length driveway to the side of the property. It is proposed that a second space would be provided in front of the house within an area of the front garden which it is proposed to fully mono-block. However this would provide a maximum length of 5.1 metres reducing to 4.8 metres due to the angle of the front garden. However, the proposed layout would not be practical or feasible as parking spaces must measure a minimum of 5 metres in length and would thus be a detriment to road safety. Alternative options were discussed with the applicant including incorporating an integral garage into the proposal or setting back the side extension as this would ensure sufficient parking would remain on site, however the applicant wishes for the application to be determined as submitted.

4.4 In conclusion, although the proposed extension is in accordance with Local Plan Policies HSG 8 (Established Housing Areas), it is contrary to Local Plan Policies HSG 13 (House Extensions) and TR 13(Assessing the Transport Implications of Development) as the extension would result in an unachievable and impractical parking arrangement, which would be detrimental to road safety. On this basis I recommend that planning permission is refused for this application.

.. . Application No:

Date Registered: 21 st August 2006

Applicant: Mr Edward Coakley 19 Newhut Road Motherwell MLI 3ST

Agent Wagner & Co. Architects Terregles Avenue Pollockshields Glasgow G41 4LX

Development: Alterations to Front Elevation of Public House and Formation of Rear Door

Location: 61 Hamilton Road Bellshill Lanarkshire

Ward: 24 Bellshill North Councillor Harry McGuigan

Grid Reference: 2731 53 660004

File Reference:

Site History: None Relevant

Development Plan: The site is zoned as Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: No

Consultations: None Required

Representations: 4 Representation Letters

Newspaper Advertisement: None Required

Recommendation: Grant Subject to the Following Conditions:.

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

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

2. That before the development hereby permitted starts, full details of the facing materials to be used for in-filling the current doorway, shall be submitted to, and approved in writing by the Planning Authority.

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

Background Papers:

Application form and plans received 10th August 2006

Letter from Mr Marc Duffy, Flat 4, 3 Crossgates, Bellshill, received 30th August 2006. Letter from Nicholas J. Scullion & Co. Solicitors and Notaries on behalf of lan & Sandra McLean, 3 Crossgates, Bellshill, received 30th August 2006 Letter from J. Mclntyre, 55A Hamilton Road, Bellshill, received 28'h August 2006 Letter from lan & Sandra McLean, 25 Laburnum Lea, Hamilton, received 14 September 2006

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

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

Date: 3 October 2006 APPLICATION NO. S/06/01361/FUL

REPORT

1. Description of Site and Proposal

1 .I The applicant seeks permission to block up an existing doorway to create a window and to form a replacement doorway (from a previous opening), on the frontage of the public house at 61-62 Hamilton Road, Bellshill. In addition, it is proposed to form a new doorway on the rear of the premises to facilitate staff access to the drying area and bin store.

1.2 The public house occupies a visually prominent corner position and thus, presents two principal frontages on Crossgates and Hamilton Road. The building is constructed of traditional design and incorporates several attractive architectural features and is finished in red sandstone. The site is located within a mixed use area close to Bellshill Town Centre, where commercial and residential properties prevail.

2. Development Plan

2.1 The site is covered by Policy RTL 6 “Secondary, Village and Neighbourhood Commercial Areas” within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policy RTL 10 “Design Guidance for Commercial Frontages” is also considered relevant to this proposal.

3. Consultations and Representations

3.1 No consultations were required for this proposal.

3.2 Four letters of objection were received from three neighbours regarding the proposal. The points of objection are summarised as follows: - (1) Concerns that the rear door indicated on the plans would be used to allow access to the rear of the building for members of the public for a smoking/beer garden area, causing a loss of amenity due to anti-social behaviour. (2) Any possible future complaints/nuisance would be a matter for investigation by Protective Services. (3) The rear door would allow noise to come from the public house to the nearby residential properties. (4) The public house has no legal right of access to the backcourt area. (5) The proposed creation of the rear door would not comply with standards needed for a fire escape door. (6) The doorway would allow access into the public house from the rear of the building through the back court area and would increase the risk of loitering

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and therefore can be assessed in terms of the local plan policies. The primary issues to be considered here are the compliance with the relevant development plan policies and the affect the proposal will have on the neighbouring properties.

4.2 In terms of the Local Plan, Policy RTL 6 (Secondary, Village and Neighbourhood Areas), of the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005) seeks to support other types of commercial activity where such development does not adversely affect the character and amenity of the relevant commercial areas and accords with the provisions of Policy RTL 11 Bad Neighbour Developments. The public house has been established for many years and its use is not being intensified or altered, thus, the application accords with these policies.

4.3 Policy RTL 10 (Design Guidance for Commercial Frontages) lists criteria which will be taken into account in assessing such proposals and includes the following:-

(1) The overall impact of the proposal on the character and amenity of the surrounding area; (2) Sympathy of design with the original architecture of the building, and of adjoining properties; (3) The consideration given to building materials, colour scheme, window size, and (4) Provision made for improving public access, security and lighting.

The proposal involves the re-creation of a doorway from a former opening and the blocking up of an existing doorway to form a window on the frontage, with the formation of a new doorway to the rear. Given that the changes are cosmetic only, it is considered that the character and amenity of the area will remain unchanged. The doorways and new window are sized and positioned in complement with the rhythm of other openings on the building thereby ensuring that the external appearance of this attractive building is maintained. A condition will be imposed to ensure the use of appropriate finishing materials to further retain the character of the building. Lastly, the formation of the rear door will facilitate staff access to drying areas and communal bins. Overall, I consider the proposal to accord with policy RTL 10.

4.4 With regard to the concerns raised by the objections I would comment as follows: (1) The applicant was advised by letter that if they were proposing to use the area at the back of the building as a smoking arealbeer garden, they would require a change of use application. The applicant has advised that the proposed doorway to the rear of the building would be to allow access for staff only to the communal area to access bins and also to dry towels within the drying area. (2) Any possible future noise complaint / nuisance would be a matter for investigation by Protective Services. (3) The legality of the appli,cant having access to the comrnunaVdrying backcourt area is a civil matter to be resolved between the applicant and the owners of that area. (4) The door is indicated as an access to the communaVdrying backcourt area. If the doorway was to be a fire escape then it would be a matter to be dealt with by Building Standards should it require a Building Warrant and would not be a planning matter. (5) The applicant has advised that the rear door is for staff use only and a condition will be imposed to that effect. In any case, issues of loitering and anti-social behaviour are matters to be dealt with by the enforcing authorities namely the Police, not the Planning Authority.

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

4.6 It should be noted that an objector has requested that a site visit and hearing be conducted prior to a decision being made on the application. Application No: S/06/01393/OUT

Date Registered: 24th August 2006

Applicant: Mr James Griffen 1 Kilmory Avenue Uddingston North Lanarkshire G71 6NX

Agent

Development: Erection of a One and a Half Storey Dwellinghouse (in outline)

Location: 1 Kilmory Avenue Uddingston North Lanarkshire G71 6NX

Ward: 22 Fallside Councillor Robert Burrows

Grid Reference: 276484675207

File Reference: SIPLIBI9I801SMIMM

Site History: 359/91 (Outline) Refused 4th December 1991, Granted at Appeal in 1992

Development Plan: The site is zoned for Residential Use on the adopted Uddingston - Tannochside Town Map and as Established Housing Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: No

Consultations: Scottish Water (Conditions) British Gas (No objections) Scottish Power (No objections) Councillor Robert Burrows (No response)

Representations: 2 Letters of Representation

Newspaper Advertisement: Not Required

Recommendation: Refuse for the following reasons:-

1. That the proposed dwellinghouse would be contrary to Policies HSG 11 and TR 13 of the Southern Area Local Plan Finalised Draft (2001, 2004 and 2005) as the proposed erection of the dwellinghouse would be detrimental to road traffic circulation and road safety.

2. That the proposed development would be contrary to Policies HSG 8 and HSG 11 of the Southern Area Local Plan Finalised Draft (2001, 2004 and 2005) in that the proposal would create an unsatisfactory impact upon the established character and amenity of the area. Produced by Nodh Lanarkshire Council Planning and Emironment Oept Planning Application No. S I06 I01393 I OUT Fleming Housa 2 Tryst Road Cumbernauld. 067 IN tei Ol2355lBZlO Erection of a One and a Half Storey Dwellinghouse (In Outline) kx 01236 616232 This map is reprodud from Ordnance Survey 1 Kilmory Avenue Tannochside Uddingston mterisl with the permidon of Ordnanw Survey on behalf of the Contrdier of Her Majesvs Stationery OM.0 Crwn oopyrbht Unauthorirsd Representation reprodudion infringes Crown mpyriaht and may * lead lo prnsBFutimn or civil proceedings. Nom Lanarkshire Council 1WO23396 Mc4 Background Papers:

Application form and plans received 18'h August 2006

Memo from Transportation Manager received 14th September 2006 Letter from Scottish Water received 1st September 2006 Letter from British Gas received 1'' September 2006 Letter from Scottish Power received 31 st August 2006 Letter from Alasdair & Patricia Fergus, 4 Hamilton View, Uddingston, Glasgow, G71 6QA received 30th August 2006. Letter from Tracy Hill, 6 Hamilton View, Uddingston, Glasgow, G71 6QA received 30thAugust 2006

Uddingston - Tannochside Town Map adopted 1985. Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

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

Date: 3 October 2006 APPLICATION NO. S/06/01393/OUT

REPORT

Description of Site and Proposal

The application seeks outline permission to erect a single detached house within an area of garden ground to the rear of 1 Kilmory Avenue, Uddingston. The proposal site is located within a residential area and the site is bordered to the north, south and east by existing housing and to the west by an area of open ground.

The site is currently garden ground of the house at Kilmory Avenue, sitting at a lower level. It is generally grassed but has an avenue of substantial trees fronting Spindlehowe Road and trees and bushes towards the rear of the site. The site amounts to approximately 0.4 hectares, is broadly rectangular in shape with a frontage onto Spindlehowe Road of 13 metres, and sits at a higher level than the gardens of houses on Hamilton View. Indicative plans show a 1% storey house with access towards the southern edge of the site.

Development Plan

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

The site is identified as an Existing Residential Area in the adopted Uddingston-Tannochside Town Map. The site is covered by Policy HSG 8 (Established Housing Areas) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies HSG 11 (Infill Housing Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant to the consideration of this application.

Consultations and Representations

British Gas and Scottish Power did not object while Scottish Water asked for the principle of a S.U.D.S. scheme to be incorporated.

My Transportation Section has objected to this application due to Spindlehowe Road being classed as a Local Distributor Road and there should be no driveways which connect directly to it. The proposed junction with Spindlehowe Road would not achieve the recommended 2.5 metre x 90 metre junction sightline to the left due to changes in ground level and also mature trees on the Spindlehowe Road frontage.

Two letters of objection were received as a result of the neighbour notification procedure. The points of objection are summarised as follows:

1) The location of the house plot in relation to the objectors’ boundaries. 2) The effect of overlooking and loss of privacy on the objectors’ properties, 3) The effect upon traffic with the creation of a new access from Spindlehowe Road. 4) It would cause over-development within the area and effect the future value of the existing houses. 5) The neighbour notification procedure was not carried out correctly. 4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and therefore can be assessed in terms of the Local Plan Policies. The primary issues to be considered here are the compliance with the relevant development plan policies and the affect the proposal will have on the neighbouring properties.

4.2 Policy HSG 8 (Established Housing Areas), HSG 11 (Infill Housing Development) and TR 13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) are relevant to the consideration of this application. Policy HSG 8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. Policy HSG 11 requires the assessment of (1) overall impact of a proposal on the character and amenity of the surrounding areas; (2) dimensions of the site relative to the proposed development and associated private garden ground; (3) effect of infill on garden space, privacy and sunlight received by surrounding properties; (4) consideration given to scale, materials, roof heighupitch, window patterns and (5) the provision of vehicular access and parking arrangements. Policy TR 13 requires a number of criteria be taken into account including: level of traffic generated and its impact on the environment and adjoining land uses, impact of the development on road traffic circulation and road safety, and provisions made for access, parking and vehicle manoeuvring. Regard must also be given to North Lanarkshire Council’s ‘Developers Guide to Open Space’ which provides guidance with regard to the minimum space standards required for garden areas around new house plots.

4.3 In terms of Local Plan policies the proposal is contrary to Policies HSG 8 and HSG 11 as the development would adversely affect the character of the established housing area. The proposed house plot cannot accommodate a dwelling that would meet the Council’s Guidelines on Open Space with respect to the garden ground provision and the distance from the site boundaries. However the proposed development would result in unacceptable loss of garden ground for the applicant‘s existing house. The existing house would be positioned so that its rear elevation would be only 4.5 metres in part and 6 metres for the remainder, from the side boundary of the proposed.plot. This is well below the minimum requirement of 10 metres. The existing houses on both sides of the plot have windows on the elevations facing onto the plot and these are likely to be adversely affected as a result of the proposed development. In this case, it would not be possible to achieve the normal minimum requirements of 18 metres window separation distance. It is unlikely that a solution could be found that would protect both the amenity of the existing and proposed houses.

4.4 The proposed vehicular access arrangements to the site from Spindlehowe Road are sub- standard in terms of sightlines due to ground level changes and would create an access directly onto a local distributor road which should generally be avoided and would thus be detrimental to both road and pedestrian users. The proposal would therefore be contrary to the access requirements of policies TR 13 and HSG 11.

4.5 With regard to the concerns raised in the objection I would comment as follows:

(1) The application is in outline only, thus details of the proposed site levels and elevations would require to be submitted at reserved matters stage were consent granted. Whilst it would be technically feasible to construct a house adhering to Council Open Space Guidelines this would only be some 10 metres distant from the rear of houses at 1 Kilmory Avenue and 2 Hamilton View, thereby affecting amenity. (2) Although the proposed house would be close to the existing houses it could be designed with no ‘living’ room windows on the side elevations. (3) The Transportation Section of the Council has confirmed that the proposed access arrangements to the plot do not provide the required sightlines and that no access should be taken directly off a-distributor road. (4) The proposal is assessed on its own merits however if the proposal was to be approved then it would affect the character of the area and could set a precedent which could make it difficult to refuse similar developments in the future. The depreciation in price of neighbouring properties cannot be considered as valid planning issues as the value of property can rise as well as fall. (5) The neighbour notification is carried out by the applicant and on the neighbour notification certificate the correct neighbours have been stated by the applicant as being notified.

4.6 Motherwell District Council refused outline approval for a similar development on 4'h December 1991. The applicant lodged an appeal which was upheld while conditions required a car turning space be provided within the site and no windows or doors be formed within the northern or southern walls of the-house. A reserved matters application was never submitted and the consent (on appeal) has subsequently lapsed. Whilst the Reporter's decision is a material factor in consideration of this application, the weight that can be attributed to it is reduced, given the length of time since the decision, the approval of the Council's Open Space Guidelines and the new policies contained within the Finalised Draft of the Southern Area Local Plan. It is concluded that the proposal is contrary to policies contained in the Southern Area Local Plan Finalised Draft, and no other material consideration, including the terms of the Reporter's decision, outweighs the terms of the development plan. It is recommended therefore that planning permission is refused. Application No: S/06/01439/FUL

Date Registered: 29th August 2006

Applicant: Allanton Properties Ltd 119 Morningside Road Morningside Newmains ML2 9AS

Agent Stanley C. Cook M.R.T.P.I. 12 Beveridge Terrace Mossend Bellshill ML4 2RJ

Development: Erection of Two Semi - Detached Dwellinghouses

Location: Land Adjacent To 2 Station Road Cleland Motherwell MLI 5QP

Ward: 19 Cleland Councillor James Martin

Grid Reference: 279970658007

File Reference: S/PL/BF/4/27/FM/MM

Site History: S/06/00334/FUL - Permission refused for the Erection of Three Terraced Dwellings on land adjacent to 2 Station Road, Cleland on the 2"d August 2006.

The site is zoned as RTL 6 (Village and Neighbourhood Commercial Development Plan: Areas) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005), to which Policies HSGll (Infill Housing Development) and TRI 3 (Assessing the Transportation Implications of Development) also apply.

Contrary to Development Plan: No

Consultations: No external consultations required

I. Representations: Five letters of representation received

Newspaper Advertisement: Advertised on 6th September 2006

Recommendation: Refuse for the Following Reason:-

1. That the proposed development is contrary to Policy HSGll of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in that it constitutes over-development of a restricted site, due to the lack of adequate useable garden ground and would be detrimental to the levels of privacy and general amenity currently enjoyed by residents.

Background Papers:

Application form and plans received 29th August 2006 Memo from NLC Transportation Manager received 7'h September 2006. Memo from NLC Head of Protective Services received 22ndMarch 2006. Letter from Mr Paul Gallacher, 71 Main Street, Cleland, Motherwell, ML1 5QR received dhSeptember 2006. Letter from Mrs Margaret McKenna, 73 Main Street, Cleland, Motherwell, MLI 5QR received 6'h September 2006. Letter from Mr John Kane, 75 Main Street, Cleland, Motherwell, ML1 5QR, received 6'h September 2006. Letter from Owner/Occupier, 77 Main Street, Cleland, Motherwell, MLI 5QR received 6'h September 2006. Letter from Sau Ying Lam, The Richmond Inn, 65 Main Street, Cleland, ML1 5QR received 1" September 2006. Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005).

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 302087

Date: 3 October 2006 APPLICATION NO. S/06/01439/FUL

REPORT

I. Description of Site and Proposal

1.I Detailed planning permission is sought for the erection of two semi-detached dwellings on land to the northwest of 2 Station Road, Cleland. The application site is a level area of vacant land approximately 18 metres in length along the frontage of Station Road by 16 metres in depth. The proposed dwellings would be two stories in height measuring 5 metres to the eaves and 7 metres to the ridge, with the footprint of each dwelling measuring approximately 44 square metres. Front gardens with a depth of 1.6 metres and rear gardens with a depth of 7.3 metres are shown. Each plot is allocated two parking spaces 3 metres wide by 12 metres in length, fronting onto Station Road. The application site is bounded by a two storey flatted development and a two storey dwelling to the north east, a single storey dwelling to the south east, the private garden ground of 71 Main Street to the south west and by a hot food takeaway and vacant shop unit to the north west.

1.2 Planning permission was refused on the 2ndAugust 2006, following a site visit and hearing, for the erection of three terraced dwellings on the site. The reason for the refusal of the application was that the proposed development was contrary to Policies HSGI 1 and TR13 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in that it constituted over- development of a restricted site due to the lack of adequate useable garden ground and inadequate parking provision to the detriment of pedestrian and road safety.

2. Development Plan

2.1 The site is zoned as Policy RTL6 (Village and Neighbourhood Commercial Area) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies HSG 11 (Infill Housing Development) and Policy TR13 (Assessing the Transport Implications of Development) are also applicable.

3. Consultations and Representations

3.1 My Transportation Section have raised serious concerns over the proposal as in order to comply with current guidelines, a turning facility should be provided on Station Road, which is unachievable as the applicant has no control over the area of land required.

3.2 My Protective Services Section have commented that a comprehensive site investigation requires to be submitted, prior to the commencement of any works on site to confirm that the site is free of any harmful contaminants.

3.3 There have been five letters of objection received following the press advertisement and neighbour notification procedures. One letter has been received by the adjoining hot food takeaway and the remaining four have been received from the adjoining residential properties. The points of objection can be summarised as follows:

(1) The layout of the proposed site would lead to an invasion of privacy of the objectors properties. (2) The design and proposed materials are not in keeping with the surrounding properties. (3) The development would be detrimental to the environment of the natural wildlife in the area. (4) Adverse affect on the potential re-sale value of the objectors properties. (5) Customers of the hot food takeaway park on Station Road and the objector is concerned that future residents would object to customers parking in this area, reducing trade to the hot food takeaway. (6) The hot food takeaway is open till midnight and the proprietors do not want complaints from residents due to noise, cars being parked, the extractor fan, or summer cooking with the back door open. (7) There is another new development site less than 200 yards away.

4. Planninn Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues. This application must be assessed against the relevant development plan policies, which are Southern Area Local Plan Policies RTLG (Village and Neighbourhood Commercial Areas), HSGI 1 (Infill Housing Development) and TR13 (Assessing the Transportation Implications of Development), together with the Council's Minimum Space Standards around dwellings.

4.2 The application site lies within the Village Commercial Area of Main Street, Cleland. Policy RTLG (Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) applies and outlines that the Council will support the retention and provision of other uses which compliment the role and function of the Commercial Areas and improve the environment of such areas. However in this particular case the application site lies at the rear of the commercial area and although the site is adjacent to a commercial property, the surrounding land uses are predominantly residential. It is therefore considered that the application site is a gap site and that in principle a residential development on the site could be acceptable, subject to the detailed assessment of the proposals.

4.3 In considering applications for infill residential developments on suitable gap sites Policy HSGI 1 applies and states that consideration is to be given to the:

(1) Overall, impact of the proposal on the character and amenity of the surrounding area, (2) Dimensions of the site relative to the proposed development and associated garden ground, (3) Effect of infill on the garden space, privacy and sunlight received by surrounding properties, (4) Consideration given to scale, materials, roof heighvpitch and window patterns, and (5) Provision of vehicular access and parking arrangements.

In assessing the impact of the proposal on the character and amenity of the surrounding area it is worth noting that there are a mixture of single storey and two storey dwellings in the area. It is therefore considered that a two-storey development in principle is acceptable. However I have serious concerns regarding the impact of the proposed development on the privacy and amenity experienced by the dwellings at 71 and 73 Main Street as a result of the proposed rear garden ground depth and the close proximity of habitable room windows to the garden ground of the dwellings on Main Street. The proposed plot sizes are small and out of character with those of other houses nearby. A front garden depth of 1.6 metres and a rear garden depth of 7.3 metres falls significantly short of the Council's guidelines on open space. This specifies that a minimum front garden depth of 6 metres and a minimum rear garden depth of 10 metres should be provided for each plot to provide a suitable area of useable garden ground for each dwelling. It is worth pointing out that these are minimum standards. In relation to the sunlight received by adjoining properties, due to the orientation of the site, is it is considered that there will be no significant loss of sunlight or daylight experienced by the adjoining dwellings. The adjoining dwellings on Station Road have been finished predominantly in facing brick and interlocking roof tiles, however as no finishing materials have been submitted with the application a planning condition could be used to secure acceptable materials. It is considered that the scale of the proposed dwellinghouses are in keeping with the area in general, however as discussed above, the proposals do not comply with Policy HSGI 1 on the basis that the application represents the over development of a restricted site. The provision for vehicular access and parking arrangements are considered in the following paragraph.

4.4 In assessing the transportation implications of a development, Policy TR13 is a material consideration and states that the Council will take account of criteria including the impact of the development on road traffic circulation/ road safety and the provision made for access, parking and vehicle manoeuvring and access for all. My Transportation Section have advised that they have objected to the proposals, as detailed in paragraph 3.1 above. In relation to the requirements of the Transportation Section for the applicant to provide a turning facility on Station Road, it is considered inappropriate to request this given that this requirement was not stipulated for the existing dwellings on Station Road. Turning to the off street parking requirements of new developments, it is a requirement that each dwelling makes provision for two off street parking spaces. Each plot can provide two off street parking spaces and as such the proposed parking arrangements for the site comply with Policy TR13. In relation to the comments made by my Protective Services Section, I can advise that in the event of the application being approved a planning condition can be attached to the consent requiring the submission of a detailed site investigation report prior to the start of works on the site.

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

(1) In relation to the objector’s concerns regarding the impact on privacy and amenity on their rear garden ground, I consider that these concerns are valid as discussed in paragraph 4.3 above. (2) The area is characterised by both single storey dwellings on Main Street and 2 storey dwellings/flats on Station Road. I do not consider that a two-storey development on this site would be out of keeping with the area in general. Materials have not yet been specified but could be conditioned. (3) It is considered that there would be no significant detrimental impact on natural wildlife sufficient to warrant refusal of this application. (4) The potential de-valuing of residential properties is not a material consideration in the assessment of this application. (5) In relation to the objector’s concerns in respect of vehicles parking on Station Road to utilise the takeaway, I can advise that there are no waiting restrictions on Station Road. (6) In relation to the objector’s concerns regarding potential noise or other complaints about the takeaway, I can advise that this is primarily controlled by Environmental Health Legislation and as discussed in paragraph 3.2 above, my Protective Services Section have not objected to the application. (7) Each application must be considered on its merits and the fact that there is a new residential development site nearby is not relevant to the consideration of this application.

4.6 In conclusion, the application is considered to be contrary to Policy HSGI 1 of the Southern Area Local Plan, Finalised Draft (Modified 2001 and 2004) in that the lack of useable garden ground means that the proposal represents over-development of a restricted site due to the lack of adequate useable garden ground and would be detrimental to the levels of privacy and general amenity currently enjoyed by residents. As such, I recommend that consent be refused.

4.7 It should be noted that the applicant has requested that a site visit and hearing be carried out prior to the determination of the application.

... Application No: S/06/01455/FUL

Date Registered: 30th August 2006

Applicant: National Australia Group Ltd 4th Floor 150 Buchanan Street Glasgow G12HL

Agent DM Hall & Son Chartered Surveyors 27 Canmore Street Dunfermline Fife KY12 7NU

Development: Installation of ATM Within Shop-front

Location: 181 Allanton Road Allanton Shotts North Lanarkshire ML7 5AX

Ward: 17 Stane Councillor Frank Gormill

Grid Reference: 285025657888

File Reference: S/PL/B/3/14/LMU/MM

Site History: A/44/89 Erection of Advertisement Hoarding - Refused 2gthJune 1989

S/06/01456/ADV Installation of Illuminated Projecting Sign - Pending

Development Plan: The site is zoned as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: No

Consultations: None Required

Representations: One Letter of Representation received

Newspaper Advertisement: Not Required

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. Calderhead Parish

INSTALLATION OF ATM WITHIN SHOP - FRONT Background Papers:

Application form and plans received 30th August 2006

Memo from Transportation Manager received 21st September 2006

Letter from W C Colquhoun, “Cruachan”, 169 Allanton Road, Allanton, Shotts, received 12‘h September 2006

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

Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 3021 34.

Date: 26 September 2006 APPLICATION NO. S/06/01455/FUL

REPORT

Description of Site and Proposal

This application seeks planning permission for the installation of an Automatic Teller Machine (ATM) attached to the front of the premises at 181 Allanton Road, Allanton, Shotts. The application site is a retail unit, which fronts onto the main road linking Allanton with Shotts. The application site is located within an area of mixed land use as this road accommodates various commercial uses including a hot food take away and post office and there are residential properties on the opposite site of Allanton Road and adjacent to the application site. The existing building frontage consists of 3 large fully screened windows and access to the retail unit. The proposed ATM machine is to be located on the frontage and contained within the western most window, occupying two-thirds of its dimension. It will be finished in plastic laminate sheeting in colours to match the existing signage on the windows.

Development Plan

The application site lies within an area covered by Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policy TR13 (Assessing the Transportation Implications of Development) is also a material consideration in the assessment of this application.

Consultations and Representations

The Transportation Team Leader raised no objections to this application.

One letter of objection has been received from the neighbouring residential property at “Cruachan”, 169 Allanton Road, Allanton, Shotts. The points of objection can be summarised as follows:- (1) The ATM machine will result in an increase in volume of passing traffic and increase parking in this area; (2) The increase parking from the ATM in this area will result in vehicles restricting access to the objectors property.

Planninn Assessment and Conclusions

In assessing the application reference is given to the Development Plan and any other material considerations. In terms of the development plan context, the proposal is not of strategic significance and should be assessed against local plan policies. The site lies within an area covered by Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005), which seeks to encourage the expansion of Class 1 Retail floorspace; support other types of commercial activity such as Class 2 Offices, Class 3 Food and Drink and Class 11 Assembly and Leisure, where such development does not adversely affect the character and amenity of the relevant Commercial Area and accords with the provisions of Policy RTL 11 Bad Neighbour Developments; support the retention and provision of other uses which complement the role and function of Secondary, Village and Neighbourhood Commercial Areas, and improve the environment of such Areas through measures outlined in Policy RTL 2 (Improvement of Shopping Facilities) and ENV 16 (Improving the Environment of Town Centres). It is considered that an ATM machine in this location would result in an increase in bank facilities for the residents of the village of Allanton and passers through this village which will complement the functionality of this commercial area in line with Policy RTL 6 above.

4.2 Policy TRI 3 (Assessing the Transport Implications of Development) is of more relevance in this case. This requires an assessment of the following matters to be taken into account:- the level of traffic generated from the proposal; the scope to integrate development proposals with existing public transport facilities; the impact a development will have on road traffic circulation and road safety; the provisions made for access, parking and vehicle manoeuvring, and the extent to which the development promotes ‘access for all’ in relation to disability access. There is currently no specific allocated parking area surrounding the site and there are no on-street parking restrictions. A traffic calming system is in place, to restrict the speed of vehicles driving through the village. It is considered that given that the site is currently an established retail unit in a small village with no current parking issues, an ATM machine would not significantly increase traffic levels in this area to the detriment of road safety. The Transportation section raised no objections to the implementation of an ATM machine in this location. 4.3 In response to the points of objection given, I would comment as follows: - (1) The objectors concern relating to increased through traffic and increased parking have been considered in paragraph 4.2 above. (2) The concern relating to increased volume of traffic stopping restricting the objectors access into their property is considered to be a police matter and not a planning issue. Given the existing retail use of the property, it is considered that the installation of an ATM machine at this location will not significantly increase the level of stopping traffic in this location.

4.4 Taking all aspects into account, I consider that the installation of the ATM would provide better facilities to the village of Allanton for residents and passers through. Due to the location of this site within a small village and the current use of this site as a retail unit, it is believed that an ATM will not result in a significant increase in traffic levels nor create parking problems in this area. It is considered that the application complies with Local Plan policy RTL 6 and policy TRI 3 and it is recommended that planning permission be granted for this application.

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