1
I North Lanarkshire Council
DEPARTMENT OF PLANNING AND DEVELOPMENT
Southern Division
Planning Applications for consideration of Planning and Development Committee
__
Agenda Item No. .
Ordnance Survey maps reproduced from Ordnance Suwey with the permission of HMSO Crown Copyright resewed 2 INDEX
Page Application Applicant DevelopmentlLocus
1 S1951007621FUL Mr & Mrs I Fallan Extension to Flatted Dwellinghouse, 42 Kirkland Street, Motherwell . L 5 Sl95lQQ788IAMEND Bernard Brogan Ltd Provision of 4 No. New Fuel Storage Tanks Within Bund Wall and New Landscaped Area To Screen Tanks, Nethan Street, Motherwell. - 10 S/96/00071IFUL Modern Housing Ltd Change Of Use From 1st Floor Shop Premises to 4 Residential Flats and External Alterations, 301-333 Main Street, Wishaw.
14 Sl96/OQO75/FUL Davall Scotland Limited Alterations to Existing Building and Factory Extension, Mossburn Avenue, Harthill Industrial Estate, Harthill.
18 Sl961QQO971FUL Mr King Storage Area for Scaffolding Equipment, 46B Castlehill Road, Overtown.
22 Sl96100099lFUL Mrs J Terry Dormer Extension to Dwellinghouse, 12 Hillfoot Gardens, Wishaw.
26 Sl96lOO136lFUL Colin Campbell Change of Use From Shop to Hot Food Take Away, Unit 58, Main Street, Holytown.
31 Sl96lQQ139lREM Lanarkshire Developments Ltd Formation of 102 House Building Plots, Dalziel Park Estate, Motherwell. 3
Application No. 95/00762/F U L Date registered 27th December 1996 APPLICANT MR & MRS I FALIAN, 42 KIRKIAND STREET, MOTHERWELL ML1 3JW Agent - DEVELOPMENT EXTENSION TO FLAlTED DWELLINGHOUSE LOCUS 42 KIRKIAND STREET, MOTHERWELL, ML1 3JW
d . Estimated Cost E7,000 Ward No. 1 Grid Reference
File Reference
Site History No previous planning history.
Development Plan Unaffected by proposals in the (Consultative Draft) Motherwell District Local Plan Article 18 required No
CONSULTATIONS
Objection MDC Housing No Objection - Conditions - No Reply
REPRESENTATTONS
Neighbours Section 23
COMMENTS This application seeks planning permission for the conversion of loft space of an upper flat within a 4-in-a-block property at 42 Kirkland Street, Motherwell. The applicant proposes to create 2 bedrooms. The only external works involve the installation of 2 velux windows at the rear inclusive of both tile and ridge vents. The Acting Director of Housing recommended refusal on the grounds given in the accompanying report. I consider that the proposal is acceptable in planning terms and recommend that planning permission is granted.
RECOMMENDATION Grant, subject to the following conditions, viz:-
(1) That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
1 4
EXTENSION TO FLATTEO DWELLINGHOUSE I I: i250/ ,+ 42 KIRKLANO STREET MOTHERWELL 5
List of Background Papers
1 Application form and plans received 27/12/95. (Consultative Draft) Motherwell District Local Plan (Draft) Motherwell Local Plan Consultations reply from MDC Acting director of Housing dated 1 1/1/96.
Any person wishing to inspect the above background papers should telephone Motherwell 251 321 Ext. 259 and ask for David Jones.
c
a 6
APPLICATION REF. NO. 95/00762/FUL
REPORT
1. SITE AND PROPOSAL L 1.1 The application site is the upper flat within a 4-in-a-block development at Kirkland Street, Motherwell. The application premises are surrounded on all sides by residential uses.
1.2 The applicant proposes to convert the roofspace to provide two additional bedrooms resulting in a flat with a total of four bedrooms. The only external alterations involve the installation of two velux windows at the rear with associated tile and roof vents.
2. CONSULTATION
2.1 The Acting Director of Housing for Motherwell District Council has objected to the proposal on the following grounds:-
(1) Access to maintain the water storage facility in the loft space serving both 40 and 42 Kirkland Street would be eliminated.
(2) The enjoyment of the downstairs neighbour's home could be adversely effected if a larger family moved into the upper flat.
(3) The majority of public access housing in the area has been restricted to two and three apartment sizes and there is no social need to create two additional bedrooms.
3. OBSE RVATl ONS AN D CON CLUSl ON S
3.1 With regard to the Acting Director of Housing's objection relating to common water services, the appellant has submitted an amended plan containing a note confirming that access to common services for neighbours will be maintained. This proposal does not alter the existing situation whereby neighbours require access through the applicant's property for maintenance of common services. This subject, is in any case, a legal matter which has no relevance to consideration of the proposal's merits in planning terms. Similarly, the other points of objection have no relevance in planning terms.
3.2 I have no objections to the proposed loft conversion from a planning viewpoint and would recommend that permission is granted. Should the Housing Department wish to pursue their objection it would be appropriate that such be pursued through the Councils Feu Superior rights as previous land/property owner. In planning terms, this development is acceptable and, in my view, a refusal of planning permission could not be sustained at appeal with subsequent consequences for an award of costs against the Planning Authority should permission be refused. 7
Application No. 95/00788/AMEN D Date registered 14th December 1995 APPLICANT BERNARD BROGAN LTD., NETHAN STREET, MOTHERWELL, ML1 3TF Agent Riach Partnership, 127 Fergus Drive, Glasgow G20 6BY DEVELOPMENT PROVISION OF 4 NO. NEW FUEL STORAGE TANKS WITHIN BUND WALL AND NEW LANDSCAPED AREA TO SCREEN TANKS LOCUS NETHAN STREET, MOTHERWELL
Estimated Cost E 12,000 Ward No. 3 Grid Reference NS 274141 658607
File Reference
Site History Planning permission (Ref. No. 95/00788/FUL) granted 5th July 1995 for siting of 4 fuel storage tanks and associated landscaping.
Development Plan Article 18 required No
CONSULTATlONS
Objection No Objection - Codions MDC Environmental Services No Reply
REPRESENTATIONS
Neighbours One letter of objection. Section 23 -
COMMENTS This application relates to the siting of 4 fuel storage tanks and provision of screen landscaping at Bernard Brogan Ltd, Nethan Street, Motherwell. Planning permission was granted for the tanks in July 1995. The development has not been implemented exactly in accordance with the approved plans and the applicant now seeks an amendment to the consent. I consider that the amended development is acceptable, subject to the provision of additional screening. I therefore recommend that planning permission is granted.
RECOMMENDATION Grant, subject to the condition that, within 2 months of the date of this permission, 6 mature leylandii trees measuring a height of no less than 2 metres are provided at the area hatched in GREEN on the approved plans and, thereafter, maintained to the satisfaction of the Planning Authority.
Reason: In the interests of the visual amenity of the area. 8 I /
PROVISION OF 4 NO. NEW FUEL STORAGE TANKS WITHIN 1: 1250 BUN0 WALL AN0 NEW LANDSCAPE0 AREA TO SCREEN TANKS NETHAN STREET, MOTHERWELL Date N LOCATION OF OBJECTOR 25/04/96 I
b 9
NOTES:
This development should comply with the terms of the undernoted legislation:-
Food Safety Act 1990
Food Hygiene (Scotland) Regulations 1959-78.
Food Safety (General Food Hygiene) Regulations 1995.
Health and Safety at Work etc. Act 1974
Workplace (Health Safety and Welfare) Regulations 1992.
Offices, Shops and Railway Premises Act 1963.
The Local Authority/HeaIth and Safety Executive idare the enforcing Authority in terms of the above legislation.
Control of Pollution Act 1974 with special regard to Part Ill : Noise.
Public Health (Scotland) Act 1897.
Housing (Scotland) Act 1987.
List of Background Papers
Application form and plans submitted 14/12/95. (Consultative Draft) Motherwell District Local Plan. Consultation reply from MDC Acting Director of Environmental Services dated 29/1/96. Letter from Mr A Rodgers dated 23 April 1996.
Any person wishing to inspect the above background papers should telephone Motherwell 25 1321 Ext. 259 and ask for Mr Jones.
7 10
APPLICATION REF. NO. 95/00788/AMEND
REPORT
1. SITE AND PROPOSAL i 1.1 The application site is the fuel depot and storage yard at Bernard Brogan Ltd., Nethan Street, Motherwell.
1.2 The application relates to the siting of 4 fuel storage tanks within a bund wall at the southern boundary of the operational area of the yard.
1.3 To the south of the site there are a number of residential properties at Malleable Gardens.
1.4 Planning permission was granted in July 1995 for the siting of the fuel storage tanks and the provision of a landscaped strip along the entire southern boundary of the operational part of the yard. In the rear gardens of the two semi-detached residential properties immediately to the south of the storage tank site there are mature Cyprus trees which screen the tanks from these houses.
1.5 The storage tanks have not been erected in strict accordance with the approved plans. The approved plans indicated a gap between the storage tanks of 0.25 metres. The actual distance between the tanks which have been erected is 0.8 metres. The bund wall within which the tanks are sited has also marginally increased in length and width (0.25 meters). As a result the bund and tanks extend approximately 2 metres further to the east then was originally intended.
2. CONSULTATIONS
2.1 The Acting Director of Environmental Services for Motherwell District Council was consulted and indicated no objections subject to compliance with the relevant legislation.
3. OBJ ECTlON S
3.1 One letter of objection has been received from neighbouring residents.
3.2 The owner of the house immediately to the south east of the site has objected on the following grounds:-
(a) The revised proposals will lead to an increase in noise and disturbance for the adjoining residential property occupiers.
(b) The residential amenities of the neighbouring properties will be adversely affected.
4. OBSERVATIONS AND CONCLUSION
* 4.1 Along the northern boundaries of the residential properties adjacent to the site there is a continuous line of 1.8 metres high close boarded screen fence. Approximately 1 metre to the north of this fencing there is a 2.3 metre high concrete post and steel mesh fence along the entire southern boundary of the yard's operational area.
4.2 The fuel storage tanks extend to a height of approximately 3 metres. As there are mature trees extending to a height of approximately 4.5 metres along the rear garden boundaries
Q 11
of the two residential properties immediately to the south of the site it was, in assessing the merits of the original proposal, considered that the impact of the storage tanks located at an existing operational site would not be significant. In support of the original application the applicant proposed to plant leylandii trees along the entire length of the southern boundary. As this species of tree is fast-growing it was further considered that this aspect of the proposal would offer significant benefits to the occupiers of residential properties to the south of the site within a few years.
4.3 In this amendment the development has encroached approximately 2 metres further to the east than intended. As a result, the tanks are not entirely screened by the mature trees within the garden areas of 13 and 15 Malleable Gardens. The easternmost part of the development is visually intrusive from the viewpoint of the residential property at 17 Malleable Gardens.
4.4 Leylandii trees have been planted along the entire length of the yard's southern boundary and in time will screen the yard. I consider it would be appropriate, however, to plant more mature trees at an area adjacent to the boundary with 17 Malleable Gardens to reduce the visual impact on that property. The applicant has indicated his agreement to this. Trees measuring 2 metres in height could be planted adjacent to the south east corner of the tanks. This would have the benefit of immediately softening the impact on the neighbouring property and completely screening the tanks from that house at an earlier date than would be the case if the existing small trees are left in isolation at this location.
4.5 In conclusion, I consider that the proposed amendment to the existing consent is acceptable, particularly in view of the applicants' willingness to provide trees to screen the site. I therefore recommend that permission is granted. 12
Application No. S/96/0007 1/FUL Date registered 9 February 1996 APPLICANT MODERN HOUSING LTD, 505 MERRY STREET, MOTHERWELL Agent J Kerr McDougall, 12 Cotton Vale, Motherwell ML1 5NL DEVELOPMENT CHANGE OF USE FROM 1ST FLOOR SHOP PREMISES TO 4 RESIDENTIAL FLATS AND EXTERNAL ALTERATIONS LOCUS 301-333 MAIN STREET, WISHAW
Estimated Cost €50,000 Ward No. 7 Grid Reference
File Reference GC/KW/ 1 0/3 1/230
Site History No previous planning applications
Development Plan Zoned Non Prime Shopping Area in Finalised Wishaw Local Plan Article 18 required No
CONSULTATIONS
Objection No Objection Estates Conditions Environmental Services, Roads No Reply
REPRESENTATIONS
Neighbours Section 23
COMMENTS This application describes a scheme for the renovation and conversion of the property at 303-333 Main Street, Wishaw. The building has been vacant for several years but was formerly occupied, on the ground floor, by a carpet and furniture shop which used the upper floors as storage. In recent months the condition and appearance of this property has deteriorated badly. The applicant's scheme would involve the formation of a renovated ground floor shop or office and the formation of 4 upper floor flats. This scheme would secure the improvement of a prominent eyesore in the street and contribute towards the efforts being made by the Council and LDA to enhance this part of the town.
RECOMMEN DATlON Grant, subject to the following conditions, viz-
(1) That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:-
(a) the parking and manoeuvring of 4 cars (minimum); 13 14
(b) the provision of turning areas so that all vehicles enter and leave the site in forward gear
shall be submitted to, and approved by, the Planning Authority.
Reason: To ensure the provision of adequate parking facilities within the site. L.
(2) That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
(3) That before the development hereby permitted is completed, or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
NOTE :
(1) This development should comply with the terms of the undernoted legislation:-
Food Safety Act 1990
Food Hygiene (Scotland) Regulations 1 959-78.
Food Safety (General Food Hygiene) Regulations 1995.
Health and Safety at Work etc. Act 1974
Workplace (Health Safety and Welfare) Regulations 1992.
Offices, Shops and Railway Premises Act 1963.
The Local Authority/Health and Safety Executive idare the enforcing Authority in terms of the above legislation.
Control of Pollution Act 1974 with special regard to Part Ill : Noise.
Public Health (Scotland) Act 1897.
Housing (Scotland) Act 1987. 15
APPLICATION NO. S/96/0007l/FUL
REPORT
1. PROPOSAL
1.1 This property formerly comprised of a ground floor shop and upper floor storage space. The proposal is for the renovation of the ground floor shop and the conversion of the upper floor storage space to 4 X 1 bedroom flats. The upper floor conversion would also involve the formation of 2 pitched roof dormers, and the installation of a new window on the 1 st floor.
1.2 At the rear of the building there is a large backcourt space, accessed via a lane leading to Quarry Street. The applicant's proposals would also include using this space to provide parking for the flats and shop, plus a public car park. The details of this part of the proposal are being prepared in co-operation with the LDA and would be the subject of a further report to the Committee.
2. CONSULTATONS
2.1 The Roads have no objections subject to conditions regarding the formation of the access road and the provision of parking spaces.
2.2 Environmental Services have no objections provided the premises comply with the appropriate legislation.
3. CON CL US1 ON
3.1 This proposal provides an opportunity to secure the restoration and re-use of this prominent, now semi-derelict town centre property. The scheme will provide both town centre commercial floor space and new residential accommodation. This would benefit the Council's strategy for the improvement of the town centre.
3.2 In addition, this proposal also offers an opportunity to tackle the improvement of a substantial backcourt area. The formation of a parking areas to service both the proposed development and the public would benefit this part of the town. In view of the above. I would recommend that permission is granted. 16
Application No. 96/00075/FUL Date registered 26th February 1996 APPLICANT DAVALLSCOTLAND LIMITED, MOSSBURN AVENUE, HARTHILL
Agent Hook Developments, 159 Leeds Road, Nelson, Lancashire DEVELOPMENT ALTERATIONS TO EXISTING BUILDING AND FACTORY EXTE N S I0N LOCUS MOSSBURN AVENUE, HARTHILL INDUSTRIAL ESTATE, HARTHILL
Estimated Cost €400,000 Ward No. 20 Grid Reference
File Reference JVKW/ 1 7/17( 126)
Site History No significant site history
Development Plan Industrial on Northern and Southern Areas Part Development Plan. Established Industrial and Business Area on the Consultative Draft Motherwell Local Plan Article 18 required No
CONSULTATIONS
Objedon NLC Transportation No Objection Forth River Purification Board. The Coal Authority condiions No Reply
REPRESENTATIONS
Neighbours Sedon 23
COMMENTS The applicant seeks consent for the erection of a 1185m’ extension and alterations to existing factory premises at Mossburn Avenue, Harthill Industrial Estate, Harthill. Davall Scotland Limited manufacture plastic injection mouldings. They employ a staff of around 50 at present which will increase to around 80 over the next few years. The existing servicing arrangement will remain, but formal parking areas incorporating some 49 parking spaces, will replace the existing informal arrangement. The servicing arrangements are not ideal and could result in vehicles having to reverse into the site from Mossburn Avenue. Such a manoeuvre is considered unacceptable to the Transportation Manager, who recommends that consent be refused. He considers that the whole building should be serviced from the east, and that the west yard be used for parking only. This arrangement is not acceptable to the applicant and, while I appreciate the traffic implications of the proposed development I recommend that consent be granted given the imporfance of retaining industrial uses in the Harthill area.
1. 17
\ r--- \ \\ I: ‘4 Scale PLANNING APPLICATION N0.96/00075/FUL ALTERATIONS TO EXISTING BUILDING AND 1: 1250 FACTORY EXTENSION Date MOSSBURN AVENUE,HARTHILL INDUSTRIAL ESTATE N 09/04/96 I I
HARTHILL ~ 18
RECOMMENDATION Grant, subject to the following conditions, viz:-
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 1972.
That before the development hereby permitted is brought into use, a 3 metre high steel palisade fence shall be erected along the boundary marked AB on the approved plans.
Reason: In the interests of amenity.
That the facing materials to be used for the external walls and roof shall complement in colour and texture those of the existing adjoining building to the satisfaction of the Planning Authority.
Reason: In the interests of the visual amenity of the area.
That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
That before the development hereby permitted is completed, or brought into use, all the area covered by the scheme, approved under the terms of condition (4) above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as:-
(a) parking areas;
(b) loading areas, and
(c) manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular accesses and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
That all vegetation within the area hatched RED on approved plan No. 95/149/2/C shall be reduced in height to 1.05 metres (or less) and shall thereafter be maintained to this height.
Reason: In the interests of road safety. 19
NOTES:
(1) Mining has taken place beneath this site at shallow depths and The Coal Authority consider it would be inadvisable to develop the land without seeking appropriate technical advice. If you want to do site investigations or treat any shafts, adits or shallow mineworkings you must contact:- Mr. G. Offen, Head of Mining Reports, The Coal Authority, Mining Reports Office, Ashby Road, Stanhope Bretby, Burton-on-Trent, Staffordshire, DE 15 OQD (Tel: 0 1283 550606).
(2) The applicant should contact Mr Devlin of the Forth River Purification Board (tel. 0 13 1449 7296) in order to approve the arrangements for the disposal of foul drainage and surface water from the site.
List of Background Papers
Application form and plans dated 26/2/96. Northern and Southern Areas Part Development Plan. Draft Motherwell Local Plan. Letter from SRC Roads (Network Manager) dated 22/3/96. Letter from The Coal Authority dated 6/3/96. Letter from Forth River Purification Board dated 7/3/96.
Any person wishing to inspect the above background papers should telephone Motherwell 266 1 66 Ext. 2526 and ask for Mr J Lennon. 20
Appliccm'on No. 9 6/000 97/F UL Dote registered 26th February 1996 APPLICANT MR KING, 46B CASTLEHILL ROAD, OVERTOWN ML2 OQS Agent DEVELOPMENT STORAGE AREA FOR SCAFFOLDING EQUIPMENT LOCUS 46B CASTLEHILL ROAD, OVERTOWN ML2 OQS
Esh'moted Cost Ward No. 15 Grid Reference
File Reference DMcF/KW/2/50( 258)
Site History None
Development Plan Zoned as an established housing area on the Finalised Wishaw Local Plan. Also an area of no change on the Draft Motherwell District Local Plan. Article 18 required No.
CONSULTATIONS
Objection No Objedon Conditions N.L.C. Roads, N.L.C. Environmental Services No Reply
REPRESENTATlON S
Neighbours None Section 23
COMMENTS The applicant wishes to use a small area at the side of his house to store scaffolding, ladders and steps which would be hired out to individuals. The applicant is wishing to start this business on a small scale basis with a view to moving to larger factory premises if successful. The site is not visible from the main road and is bounded by high walls on 3 sides of the site. The applicant has clarified the level of anticipated usage as being 2-3 transit sized vehicles per day, with the materials being stored no more than 1.8 metres in height and operating within the hours of 8am to 6pm. There have been no objections received to the proposal from neighbours. The consultees have no objection to the proposal subject to conditions. A business use of this type would not normally be considered suitable for a residential area, however because of the site's screening and the small scale nature of the proposal I consider the proposal to be feasible. I do however consider that conditions should be imposed which would ensure that the scale of the proposal does not become detrimental to the amenity of the area. To that end, I consider a temporary personal consent to be the most appropriate. I therefore recommend that planning permission be granted, subject to the following conditions. 21 22
RECOMMENDATION Grant, subject to the following conditions, viz:-
That the permission hereby granted is for a temporary period only and shall expire on 27106198.
Reason: To enable the Planning Authority to retain control over future development on the site in the interests of residential amenity.
That the permission hereby granted shall enure solely for the benefit of Mr King.
Reason: To enable the Planning Authority to retain control over future development on the site in the interests of residential amenity.
That operations on the site, for which planning permission is hereby granted, shall take place only between the hours of 8am and 6pm on weekdays.
Reason: To safeguard the residential amenity of the area.
That no scaffolding equipment or materials shall be stored outwith the area shaded GREEN on the approved plans.
Reason: To define the use of the land.
That within the area shaded GREEN on the approved plans, materials or scaffolding equipment shall not be stacked, or deposited, to a height exceeding 1.8 metres.
Reason: To safeguard the amenity of the area.
That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:-
(a) the parking and manoeuvring of 3 cars and 1 transit sized delivery van;
(b) the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to, and approved by, the Planning Authority.
Reason: To ensure the provision of adequate parking facilities within the site.
NOTES:
(1 ) Consultation was carried out in terms of Article 9( 1 ) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1 992. No objections were received.
(2) This development should comply with the terms of the undernoted legislation:-
(a) Health and Safety at Work etc. Act 1974
(b) Workplace (Health Safety and Welfare) Regulations 1 992.
(c) The Health and Safety Executive are the enforcing Authority in terms of the above legislation. 23
(d) Control of Pollution Act 1974 with special regard to Part Ill : Noise.
(e) Public Health (Scotland) Act 1897.
List of Background Papers
Application form dated 26/2/96. Letter from applicant dated 26/2/96. Finalised Wishaw Local Plan. Draft Motherwell Local Plan. Memo from Motherwell District Council Acting Director of Environmental Services dated 8/3/96. Letter from Strathclyde Regional Council Roads Network Manager dated 9/4/96.
Any person wishing to inspect the above background papers should telephone Motherwell 25 132 1 Ext. 258 and ask for D McFarlane. 24
Application No. 96/00099/FUL Date registered 27 February 1996 APPLICANT MRS J TERRY, 12 HILLFOOT GARDENS, WISHAW ML2 8TP Agent Phillips Design Services, 5 East Avenue, Viewpark, Uddingston G71 6LG DEVELOPMENT DORMER EXTENSION TO DWELLINGHOUSE LOCUS 12 HILLFOOT GARDENS, WISHAW
Estimoted Cost E15,000 Ward No. 10 Grid Reference
File Reference
Site History No previous planning history.
Development Plan Established Housing Area, (Finalised) Wishaw Local Plan. Unaffected by proposals in the (Consultative Draft) Motherwell District Local Plan. Article 18 required No
CONSULTATIONS
Objection No Objedon Conditions No Reply
REPRESENTATIONS
Neighbours Two letters of objection. Section 23 -
COMMENTS This application seeks planning permission for a dormer extension at the single storey dwellinghouse at 12 Hillfoot Gardens, Wishaw. Two letters of objection have been received from neighbouring residents, the details of which are given in the accompanying report. I have no objections from a planning viewpoint and recommend that permission is granted.
RECOMMENDATl ON Grant, subject to the following conditions, viz:-
( 1 ) That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
NOTE:
(1 ) Consultation was carried out in terms of Article 9(1 ) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1 992. Two objections were received. 25 26
List of Background Papers
Application form and plans submitted 27/2/96 and plans submitted 5/3/96. (Finalised) Wishaw Local Plan. (Consultative Draft) Motherwell District Local Plan. Letter from Miss M Rennie dated 26/2/96. Letter from R McMillan dated 27/2/96.
Any person wishing to inspect the above background papers should telephone Motherwell 25 1321 Ext. 259 and ask for Mr David Jones. 27
APPLICATION REF. NO. 96/00099/FUL
REPORT
1. SITE AND PROPOSAL
1.1 The application site is the single storey detached dwellinghouse at 12 Hillfoot Gardens, W ishaw.
1.2 The house at 12 Hillfoot Gardens occupies a corner location at the junction of the main part of Hillfoot Gardens and a cul-de-sac leading from it.
1.3 The applicant proposes to erect a dormer extension to the house to allow 3 bedrooms and a shower room to be provided at an upper floor level. The flat roofed dormer would be externally finished in timber cladding.
1.4 The front of the dormer would be orientated towards the cul-de-sac section of Hillfoot Gardens. The windows of two of the proposed bedrooms and the shower would face the cul-de-sac area. The third bedroom window would be located within the existing gable elevation fronting onto the main road of Hillfoot Gardens. The other gable of the house would contain the proposed stairwell window facing onto the side gable of an adjacent dwelling house.
1.5 The application site is entirely surrounding by residential uses and is within an area identified as an Established Housing Area in the (Finalised) Wishaw Local Plan.
2. OBJ ECTl ONS
2.1 Two letters of objection have been received from residents at Hillfoot Gardens.
2.2 One letter raises an objection on the basis that the proposal is for business purposes, namely the fostering of children.
2.3 The other letter raises an objection on the basis that the bedroom window at the gable elevation facing onto the main part of Hillfoot Gardens would overlook a residential property across the road.
3. OBSERVATIONS AND CONCLUSION
3.1 With regard to the objection relating to business purposes, I do not consider that fostering children constitutes a commercial activity or that the creation of additional bedrooms is an inappropriate development within a residential area.
3.2 With regard to the objection relating to overlooking, the proposed gable bedroom window would be located over 20 metres away from the front elevation of the residential property across the road at Hillfoot Gardens. I do not consider that this constitutes a significant loss of privacy and there are numerous examples of such a situation within the Branchalwood development at which the application site is located.
3.3 In conclusion, I consider that the proposal is an appropriate development within a residential area and I have no objections from a planning viewpoint. I therefore recommend that permission is granted. 28
Appliccm'on No. S/96/00 136/FUL Date registered 12 March 1996 APPLICANT COLIN CAMPBELL, 184 WATLING STREET, MOTHERWELL Agent DEVELOPMENT CHANGE OF USE FROM SHOP TO HOT FOOD TAKE AWAY LOCUS UNIT 5B, MAIN STREET, HOLYTOWN
Estimated Cost E 15,000 Ward No. 27 Grid Reference
File Reference DA/KW/5/13(80)
Site History April 1986 - Consent granted for erection of shop unit. June 1987 - Consent granted for subdivision of unit 5 to form Baker's shop and restaurant. October 1990 - Consent granted for change of use from shop to hot food take away.
Development Plan Northern Area Local Plan - Policy DL1 (Mixed Use) Motherwell District Local Plan Consultative Draft - Policy RTL7 (Village and neighbourhood shopping areas) Article 18 required No
CONSULTATlONS
Objedon No Objection Environmental Services Coditio ns No Reply
REPRESENTATIONS
Neighbours One objection Section 23
COMMENTS The applicant seeks planning permission to change the use of a former baker's shop to a use which would include a hot food take away element. The property is a sub-divided shop unit built as part of a terrace of such units in the late 1980s. One objection has been received from a notified neighbour. My comments on this and the merits of the application are detailed in the attached report.
RECOMMENDATION Grant, subject to the following conditions, viz-
(1) That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972. 29 30
NOTES:
(1) This development should comply with the terms of the undernoted legislation:-
(a) Food Safety Act 1990
(b) Food Safety (General Food Hygiene) Regulations 1995.
(c) Health and Safety at Work etc. Act 1974
(d) Workplace (Health Safety and Welfare) Regulations 1 992.
(e) Offices, Shops and Railway Premises Act 1963.
(9 The Local Authority is the enforcing Authority in terms of the above legislation.
(9) Control of Pollution Act 1974 with special regard to Part Ill : Noise.
(h) Public Health (Scotland) Act 1897.
(i) Housing (Scotland) Act 1987
(2) This application was advertised in terms of Section 23 of the Town and Country Planning (Scotland) Act 1972. One objection was received.
List of Background Papers
Application form and plans, dated 12/3/96. Letter from applicant, dated 1 OM96 Northern Area Local Plan. Motherwell District Local Plan, Consultative Draft. Consultation reply from Environmental Services, dated 25/3/96. Letter of objection from Mr Sarfraz, dated 10/3/96.
Any person wishing to inspect the above background papers should telephone Motherwell 251 321 Ext. 248 and ask for Mr Ashman. 31
APPLICATION NO S/96/00 136/FUL REPORT
1. APPLICATION AND SITE
1.1 The applicant seeks planning permission to change the use of a former baker’s shop to a unit which in terms of the Use Classes Order, would constitute a hot food take away. The applicant has stated that it will mostly operate as a cafe, with the hot food take away element of the proposal (hot filled rolls, toasties, tea and coffee) an incidental part of the operation. It is therefore only one element of the proposal which strictly speaking requires planning permission.
1.2 The application site constitutes one half of a subdivided shop unit which was built as part of a terrace of 5 such units in the late 1980‘s. There is a goods unloading/vehicular turning area to the rear and a District Council car park to the side of the property. The unit is presently vacant.
2. CON S ULTATl 0 N S
2.1 The Environmental Services Department were consulted on the application and have no objection to make, subject to compliance with the relevant legislation.
3. LOCAL PLAN CONSIDERATIONS
3.1 The Northern Area Local Plan, adopted by the former Motherwell District Council in November 1986, included the site within an area covered by Mixed Use Policy DCI which seeks to encourage a mixture of residential and commercial uses in such areas, subject to there being no overriding highway, safety or environmental reasons for refusal of a development.
3.2 The Motherwell District Local Plan, Consultative Draft identified it as being within an area covered by Retail Policy RTL7 which seeks to encourage the retention of existing retail, office and ancillary uses, supporting additional provision where this does not undermine the viability of the existing shopping area.
4. REP R ES E NTAT1 0N S
4.1 One objection has been received from the adjacent neighbouring shop proprietor. His objections relate to his opinion that the proposed use would affect his business through the sale of similar food and that this could result in himself and three other families becoming unemployed. He also states that the owner of the application site, noted on the form as being different from the applicant, does not wish his business to close. No objection has been received from the owner of the property.
5. 0BS E RVATl 0N S a 5.1 The objector’s concerns essentially relate to the prospect of commercial competition which, under present guidance on the matter, is not a material consideration.
5.2 No other objections have been made or any other representations received on this application consider that it is in accord with Local Plan policy at this locus and that there are adequate parking facilities in the vicinity should a motor-based trade develop. It 32
would also bring back into use a presently vacant building. I therefore recommend that planning permission be granted. 33
Applicahon No. SI96100 139lREM Date registered 13 March 1996 APPLICANT LANARKSHIRE DEVELOPMENTS LTD, COLVILLE HOUSE, DALZIEL PARK ESTATE, MOTHERWELL ML1 5RZ Agent McEwanISmith Architects, 2 Merkland Street, Glasgow . DEVELOPMENT FORMATION OF 102 HOUSE BUILDING PLOTS LOCUS DALZIEL PARK ESTATE, MOTHERWELL
Estimated Cost E 1 .50 million Ward No. 29 Grid Reference
File Reference DNKW/5/50( 69)
Site History February 1994 - Planning consent granted by Strathclyde Regional Council in outline for upgrading of sports facilities, construction of golf course and erection of 175 dwellinghouses. February 1994 - Detailed consent granted for formation of 32 house plots (Phase I). October 1994 - Detailed consent granted for formation of 39 house plots (Phase 11).
Development Plan Northern Area Local Plan - Greenbelt Policy. Motherwell District Local Plan, Consultative Draft - Policy HSG2 (Housing Development Opportunity) Article 18 required No
CONSULTATIONS
Objection No Objection Strathclyde Water Services Conditions SRC Roads No Reply
REPRESENTATIONS
Neighbours Section 23
COMMENTS The applicant seeks planning permission for the formation of 10 1 house building plots as Phase Ill of the Dalziel Park Estate development. The number of plots to be developed has been revised downwards during processing of the application. This would bring the total number of plots to be developed to 172 (1 75 were permitted by the original outline planning consent). The application plans also show the equipped play areas and a small amount of amenity landscaping. There are no objections to the proposal.
RECOMMENDATION Grant, subject to the following conditions, viz:- PE 35
That the development hereby permitted shall be started not later than 23rd February 1999.
Reason: To accord with the outline planning permission.
That before construction work begins on each dwellinghouse, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by the Planning Authority, and that, for the avoidance of doubt, roof tiles shall be of a dark colour such as BROWN or DARK GREY, except where agreed in writing with the Planning Authority.
Reason: These details have not been submitted.
(3) That each dwellinghouse to be built on the plots hereby permitted shall be constructed, and the plots developed, in accordance with the approved development and design brief.
Reason: To ensure continuity in the development of the Estate.
(4) That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no integral garage shall be used as a habitable room, without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plot.
(5) That prior to the commencement of works associated with the development hereby permitted (and that, for the avoidance of doubt, these works shall include the site clearance of weeds, grasses, bushes and trees), tree protection measures, consisting of the erection of fences to the drip line of trees, indicated on the plans hereby approved, shall be implemented. Details of the fence types shall be submitted to, and approved by the Planning Authority, prior to the first of these fences being erected.
Reason: To ensure protection of trees during construction work.
That the tree protection measures, detailed in condition (5) above, shall not be removed without the written consent of the Planning Authority.
reason: To ensure protection of the trees during construction work.
That no electricity transforming, or switching equipment, gas governor, or sewage pumping station, shall be erected on any part of the site without the prior written consent of the Planning Authority.
Reason: In the interests of the visual amenity of the area.
That all dwellinghouses within plots 92, 100, 1 12, 1 16, 125, 129, 146, 15 1 and 170 shall front onto Morris Crescent and shall either contain integral garages accessed from Morris Crescent or detached garages set behind the side building line of the dwellinghouse . fronting onto the relevant cul-de-sac.
Reason: In the interests of the visual amenity of the area. 36
(9) That for the avoidance of doubt, no dwellinghouse, or other habitable structure shall be constructed within plot 74.
Reason: The depth and aspect of Plot 74 render it unsuitable for dwelling purposes, in terms of Council space standards policy and Government advice on daylighthnlight
standards. 1.
(10) That within 3 months of the date of this permission, a scheme of landscaping in respect of plot 74 shall be submitted to and approved by the Planning Authority. -.
Reason: In the interests of the visual amenity of the area.
(1 1) That the scheme approved in terms of condition (1 0) above shall be implemented within 2 months of occupation of the dwellinghouse on either plot 73 or 75, whichever is the later.
Reason: In the interests of the visual amenity of the area.
(1 2) That the areas of ground located between the proposed footpath link to Cleland and the house plot hatched GREEN on the approved plans, shall be planted out with prickly shrubs such as berberis, prior to the first of the adjacent dwellinghouses being occupied.
Reason: In the interests of residential amenity.
(13) That all road surfaces and associated visitor parking spaces within the application site, shall be surfaced to base course level, prior to the first of the house plots fronting onto these roads being occupied, all to the satisfaction of the Planning Authority. '
Reason: To ensure the provision of the minimum adequate vehicular access facilities.
(14) That all road surfaces constructed to base course level as detailed in condition (1 3) above shall be maintained to the satisfaction of the Planning Authority.
Reason: To ensure the provision of the minimum adequate vehicular access facilities.
(15) That before each dwellinghouse hereby permitted, is occupied, where a 2 metre wide footway is to be constructed along the frontage of the relevant plot, the footway shall be constructed to base course level.
Reason: In the interests of pedestrian safety.
(1 6) That all footway surfaces constructed to base course level as detailed in condition (1 5) above, shall be maintained to the satisfaction of the Planning Authority.
Reason: In the interests of pedestrian safety.
(17) That the road surface of each cul-de-sac and associated visitor parking spaces shall be constructed to final wearing course level before occupation of the last dwellinghouse within the cul-de-sac. .
Reason: To ensure the provision of adequate and appropriate vehicular access facilities. 37
(18) That prior to occupation of the last dwellinghouse to be constructed on the plots hereby approved, all roads, visitor parking spaces and footways shall be constructed to final wearing course level.
Reason: To ensure the provision of adequate and appropriate pedestrian and vehicular , access facilities.
(19) That before development starts, details of the surface finishes to all parking and e manoeuvring areas shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
(20) That before the dwellinghouses on the plots hereby approved are occupied, 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway.
Reason: To ensure the provision of adequate parking facilities within the site.
(21) That the play area shaded BROWN on the approved plans shall be completed and ready for use prior to the occupation of the 80th dwellinghouse within Dalziel Park Estate.
Reason: To ensure the provision of adequate play facilities within the site.
(22) That the play area shaded PURPLE on the approved plans shall be completed and ready for use prior to the occupation of the 120th dwellinghouse within Dalziel Park Estate or alternatively as agreed in writing with the Planning Authority.
Reason: To ensure the provision of adequate play facilities within the site.
(23) That full details of equipment, surfacing, planting and other matters associated with the play areas shall be submitted to, and approved by the Planning Authority within 3 months of the date of this permission and that, for the avoidance of doubt, shall comply with the Council's play area policy.
Reason: To ensure the provision of adequate play facilities within the site.
(24) That provision of all sports facilities shall be in accordance with the timescale detailed in the Section 50 Agreement.
Reason: To accord with the stated intention of the applicant, and ensure the provision of these sports facilities.
(25) That development of the plots hereby approved shall take place according to the phasing illustrated on the plans hereby approved and that, for the avoidance of doubt, construction on each successive phase shall not be commenced until construction work has started on 75% of plots in the earlier phase.
Reason: To achieve an appropriate development pattern within the Estate in the interests of residential amenity and to avoid sporadic development.
(26) That no constructions shall be erected or soil disturbed within the drip zone of the trees within plots 72 - 76, unless approved in writing by the Planning Authority. ,l 38
Reason: The trees are protected by a Tree Preservation Order
(27) That approval is not hereby given for the position of the visitor bays shown on the plans and that once the location of these bays has been determined via the construction consent, revised plans shall be submitted to and approved by the Planning Authority.
-,- Reason: The location of visitor parking bays is to be determined by the construction consent. T NOTES:
Before the start of the development the developer constructing the road must obtain, from North Lanarkshire Council’s Divisional Transportation Manager, a Construction Consent, granted under the terms of Section 21 of the Roads (Scotland) Act 1984.
If building works are to be undertaken before roads are completed the developer must agree a bond, guaranteeing the cost of constructing the roads, with North Lanarkshire Council’s Divisional Transportation Manager under the terms of Section 17 of the Roads (Scotland) Act 1984.
The applicant should contact The West Of Scotland Water Authority, Almada Street Hamilton so that details of the drainage layout may be approved and the necessary consents obtained in terms of the Sewerage (Scotland) Act 1968.
Mining has taken place beneath this site at shallow depths and The Coal Authority consider it would be inadvisable to develop the land without seeking appropriate technical advice. If you want to do site investigations or treat any shafts, adits 6r shallow mineworkings you must contact:- Mr. G. Offen, Head of Mining Reports, The Coal Authority, Mining Reports Office, Ashby Road, Stanhope Bretby, Burton-on-Trent, Staffordshire, DE 15 OQD (Tel: 0 1283 550606).
List of Background Papers
Application form and plans, dated 13/3/96. Northern Area Local Plan. Motherwell District Local Plan Consultative Draft. Consultation reply from Strathclyde Roads Network Manager, dated 26/3/96. Consultation reply from Strathclyde Water Services, dated 1 9/3/96. -. Any person wishing to inspect the above background papers should telephone Motherwell 25 132 1 Ext. 248 and ask for Mr Ashman.