North Lanarkshire Council and NHS Lanarkshire) to Allow for the Expansion of the Hallcraig Street Car Park

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 16'h June 2009

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 16'h June 2009

Page Application No. Applicant Development/Locus Recommendation No 4 N/09/00474/FUL Mr & Mrs William Construction of a Refuse Dunbar Dwellinghouse Gavell Farm Gavell Road Queenzieburn

9 C/O9/00094/FUL Graham Street Demolition of Existing Grant Airdrie Retail Building, Erection of 4 Storey Portfolio Ltd. Building Comprising Retail NLC Social Work Offices and NHS Health Centre with Refurbishment of Adjoining Shop Units at 78 - 86 Graham Street Town Centre Airdrie

18 C/09/00336/FUL Dovecot Conversion of Farm House Refuse Developments Ltd and Steading to Form 4 Dwellinghouses and Construction of Detached New Build Dwellinghouse at Staylee Farm, Hulks Road Greengairs

25 C/O9/00395/FUL Empire State Ltd Demolition of Single Storey Grant Shop Unit and Erection of Two Retail Units (Including 1No. Hot Food Takeaway) at 215 Greengairs Road Greengairs

32 S/07/01050/FUL Coulter Estates Ltd Sub Division of Existing Grant Building into 6 Flats and Construction of a New Three Storey Block (9 Flats in Total) and Associated Parking 47 Cleland Road, Wishaw

42 S/07/01723/OUT Stewart and Residential Development Grant McKenna (Outline) Land to the North of Smith Avenue, Wishaw

53 S/08/00567/FUL Daniel Lowdon Change of Use from Storage Grant & Distribution Yard (Class 6) to Vehicle Breakers Yard (Sui Generis) Yard 5, Cardean Road Bellshill 59 S/08/00817/FUL Margaret Ann Construction of Flatted Grant Marshall Residential Development (Six Flats) Land Adjacent To 6 And 18 Kirk Road, Shotts

67 S/08/0094O/FUL Mr Henderson Erection of Two Grant Dwellinghouses Land West of 24 Bellside Road, Cleland

76 S/08/01076/FUL Mr & Mrs K Morrison Mixed Development Grant including Reorganising the Existing Residential Caravans and Addition of 6no. Caravans, Relocation of the Vehicle Repair Workshop and 2no Dwellings Land At 19-21 Maryville View, Uddingston

86 S/09/00103/FUL Tesco Stores Ltd Erection of a Petrol Filling Grant Station 12 North Road Bellshill

93 S/09/00364/REM Merchant Homes Construction of 31 Flats and Grant Partnership Ltd Associated Parking Request for Site Land at Mason St Visit Motherwell

103 S/09/00416/FUL BSJ Developments Residential Development of Grant Ltd 6 Two Bedroomed Flats Land West Of 426 Main Street, Wishaw

110 S/O9/00490/FUL Caf6 India Erection of Conservatory Grant and Associated Signage to Request for Site the Front of Building Visit & Hearing 315 New Edinburgh Road Uddingston

115 S/09/00507/FUL lan Docherty & Betty Change of Use of Class 1 Grant Harrison (Retail Unit) to Class 3 (Caf6) 55 Main Street Holytown Application No: N109100474/FUL

Date Registered: 28th April 2009

Applicant: Mr & Mrs William Dunbar Gavell Farm Gavell Road Queenzieburn G65 9LQ

Agent ADR (Design) Ltd 5 Tak Ma Doon Road Kilsyth Glasgow G65 ORS

Development: Construction of a Dwelling

Location: Gavell Farm Gavell Road Queenzieburn G65 9LQ

Ward: l-Kilsyth. Councillors Griffin, Jones & Key

Grid Reference: 269601 6771 39

File Reference: N/09/00474/FUL

Site History: N/08/00254/FUL Construction of a Dwellinghouse Refused on 02/05/08.

Development Plan: Kilsyth Local Plan 1999. Green Belt Policy GB3 applies.

Contrary to Development Plan: No

Consultations: Scottish Water (No objections)

Representations: No letters of representation received.

Newspaper Advertisement: 3 June 2009

Recommendation: Refuse for the Following Reasons:-

1. In the interests of the proper planning of the area in that residential development would constitute inappropriate new development in the Green Belt and as such would be contrary to Scottish Planning Policy 3: Planning for Housing, Scottish Planning Policy 21: Green Belts, the Glasgow and the Clyde Valley Joint Structure Plan 2000 (Strategic Policy 1) and the Kilsyth Local Plan 1999 (Green Belt Policy GB3).

2. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse other similar applications. ~~0474/FUL Mr &Mrs W Dunbar Gavel1 Farm Gavel1 Road Queenzieburn Construction of a Dwlllng Background Papers:

Application form and plans received 28th April 2009

Memo from Head of Protective Services received 20 May 2009 E-mail from Scottish Water received 27 May 2009

SPP 3: Planning for Housing SPP 21: 21 Green Belts

Kilsyth Local Plan 1999 Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 616464.

Date: 27 May 2009 APPLICATION NO. N1091004741FUL

REPORT

1. DescriPtion of Site and ProDosal

1.1 This application is for the construction of a detached 1 ?h storey house on land to the east of the house at Gavell Farm, Gavell Road, Queenzieburn. The application site is primarily on land associated with the existing house, and which probably formed part of the original farm steading. A number of outbuildings are located on the site.

1.2 The proposed development will create a new separate access off Gavell Road, with the house being positioned to face the road. The house will sit in a considerable sized plot and would be set back 27 metres from the road, and would have a rear garden depth of 23 metres.

2. Planning History

2.1 It should be noted that a similar application (N/08/00254/FUL) for the construction of a 1 ?h storey house with the same site boundaries was refused by the Planning and Transportation Committee on 2 May 2008. It was considered that the development would constitute inappropriate new development in the Green Belt.

2.2 Shortly after receiving the application the agent was inform ed by letter that because the circumstances surrounding the current application are no different from the refused application, it was my intention to recommend refusal again. The agent has since responded and advised that although it is likely that the application will be refused, his client wishes to pursue the proposal so that he can appeal to the Scottish Ministers, an opportunity missed after the refusal of the previous application.

3. DeveloPment Plan

3.1 The application site lies within the Green Belt and policies relevant to the consideration of the proposed development can be summarised as follows:-

Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the third alteration 2006).

Strategic Policy 1 - Strategic Development Locations: The Metropolitan Development Strategy requires the continued designation and safeguarding of the Glasgow and Clyde Valley Green Belt within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. Local Plans shall define the detailed boundaries and policies to safeguard the Green Belt.

Kilsyth Local Plan 1999.

This site is covered by Policy GB2 (Green Belts) of the Local Plan which seeks to ensure that there is a presumption against new development in the Green Belt unless required for agriculture, forestry, horticulture, nature conservation, appropriate countryside recreation and tourism dependant upon a countryside location and other development such as telecommunications development, which can be shown to require to be located within the Green Belt. Policy GB3 states that there is a presumption against residential development in the Green Belt.

Finalised Draft North Lanarkshire Local Plan The policy status of this site is unchanged in the Finalised Draft Local Plan.

3.2 Also of relevance in this case is the following National Guidance:

Scottish Planning Policy 3: Planning for Housing.

Key themes are promoting development in brown field rather that green field locations and seeking to maintain the effectiveness of existing Green Belts and safeguarding the character and amenity of the countryside.

Scottish Planning Policy 21: Green Belts.

The three main purposes of the Green Belt are:

1. To maintain the identity of towns by establishing a clear definition of their physical boundaries and preventing coalescence; 2. To provide countryside for recreation or institutional purposes of various kinds; and 3. To maintain the landscape settings of towns.

4. Consultations and Representations

4.1 Scottish Water has no objection to the proposal, and my Traffic and Transportation Section has no objection subject to conditions.

4.2 No letters of representation have been submitted with respect to this application.

5. Planning Assessment and Conclusions

5.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. In this case, Strategic Policy 1 of the Structure Plan and Policies GB2 and GB3 of the Kilsyth Local Plan do not support the proposed development and no justification has been provided by the applicant to warrant a departure from established Green Belt policy.

5.2 The policy status of the site is unchanged by the provisions of the Draft North Lanarkshire Local Plan.

5.3 The circumstances surrounding this application are no different from the previously refused application.

5.4 This proposed house could be regarded as detrimental to the character of the Green Belt and its approval could set a precedent that would make it difficult to refuse similar planning applications. Notwithstanding the sympathetic design of the proposed house, it is recommended that planning permission be refused.

5.5 It is recommended that the decision for this application be held over until 24 June 2009 to ensure that proper procedures are adhered to in relation to press publicity for development plan departures. Holding the decision to 24 June will ensure proper procedures are carried out and will allow the application to be determined within the 8 week timescale. Application No: C/09/00094/FUL

Date Registered: 2nd February 2009

Applicant: Graham Street Airdrie Retail Portfolio Ltd 47 Melville Street Edinburgh EH3 7HL

Agent McLean Architects Ltd 29 Eagle Street Graighall Business Park Glasgow G4 9XA

Development: Demolition of Existing Building, Erection of 4 Storey Building Comprising Retail, NLC Social Work Offices and NHS Health Centre with Refurbishment of Adjoining Shop Units

Location: 78 - 86 Graham Street Town Centre Airdrie North Lanarkshire ML6 6DB

Ward: 008 Airdrie Central Cllrs. Devine, Logue and Stocks

Grid Reference: 276286665382

File Reference: AIG750078000/l J/GL

Site History:

Development Plan: Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Contrary to Development Plan: No

Consultations: Architecture & Design Scotland Comments Scottish Environment Protection Agency No objections Scottish Water No objections British Gas No objections Scottish Power No objections Strathclyde Police No objections

Representations: None received

Newspaper Advertisement: Advertised on 1 IthFebruary 2009 Planning Application No ~~~OO~~ffUL LuhUI"y*M DemoMon of t3astmg Efuildlng, Erectton of 4 Storey Building mm II.u*yauW*%W*W" Corqrislng Retail, NLC Soaal Work Offices and Health Centre m*wo.wy)*ki.wh. and Refurbishment of Exisbng Unts at 78 - 88 Graham Street Airdrie 1 ram-- m,-zE22i9 .uuu(r n*mmwm N* **uc-Q-~+,-**I WYU 78 - 88 Graham Street. krdne &ec3a:m Not to scaie Recommendation: Approve 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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:

AL(9)OOl; AL(2)AOi Rev D; AL(2)101 Rev F; AL(2)201Rev E; AL(2)301 Rev E;AL(2)401 Rev D; AL(9)003; AL(9) 017 Rev C; AL(2)E22 Rev A; AL(2)E18 Rev K; AP(2)E18 Rev K.

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

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 and the development shall be implemented in accordance with the details approved under the terms of this condition.

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

4. That BEFORE the development hereby permitted starts, full details of the design and location of all surface materials, including street furniture, lighting etc. 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.

5. That prior to any works of any description being commenced on site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled ‘Drainage Assessment : A Guide for Scotland and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater that the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall be provided even when discharge is proposed to the public sewers notwithstanding any conditions imposed by Scottish Water.

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

6. That the SUDS compliant surface water drainage scheme approved in terms of condition 5. 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 chartered 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. 7. That before the development hereby approved starts, a report which adheres to guidance given in BS10175.2001 Investigation of Potentially Contaminated Sites, Code of Practice, and describes the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority, and shall include proposals to remove or render harmless these contaminants, having regard to the proposed use of the site, to be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the proper treatment of the site in the interests of health and safety.

8. That following the completion of all or any of the works required under the terms of condition no. 7 above, a certificate from a Chartered Engineer or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance with condition no. 9 in the interests of health and safety.

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

Reason: To ensure the provision of satisfactory drainage arrangements.

10. That BEFORE any part of the proposed development hereby permitted comes into operation, the car parkhervice area within the basement of the building shall be complete and operational.

Reason: To ensure the provision of adequate parkingkervicing provision in the interests of road safety

11. That BEFORE any works start on the application site, unless otherwise agreed in writing with the Planning Authority, a scheme detailing the provision of public art installation(s) in and around the new street shall be submitted to the Council for its prior written approval. For the avoidance of doubt the scheme shall include details of the nature, location, materials etc of the art installation(s). Thereafter the works, as approved, shall be implemented in full as part of the development.

Reason: To enable the Planning Authority to consider these aspects in detail and to ensure the provision of public art.

12. That BEFORE the development hereby permitted starts, details of a scheme, which provides sufficient space outwith the application site for the parking and manoeuvring of a minimum of 170 cars shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure the provision of adequate parking provision and to enable the Planning Authority to consider these aspects in detail.

13. That no more than 60% of the floorspace of the building herby permitted shall be occupied until the car park, approved under the terms of condition 12 above, has fully been constructed in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by The said Roads Authority.

Reason: To ensure the provision of adequate parking provision within the vicinity of the site to accommodate this development. Background Papers:

Application form and plans received 2nd February 2009

Letter from Scottish Environment Protection Agency received 26th February 2009 Letter from British Gas received 13th February 2009 Letter from Strathclyde Police received 19th February 2009

Letter from A+DS received 6” April 2009 Memo from Geotechnical Team Leader received 7th April 2009 Memo from Head of Protective Services received 4th March 2009 Letter from Scottish Water received 24 February 2009

Letter from SP Energy Networks, 1 Atlantic Quay, Glasgow, G2 8SP received 6th March 2009.

Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

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

Date: 8 June 2009 APPLICATION NO. C1091000941FUL

REPORT

1. Description of Site and Proposal

1.1 The application site is located at the eastern end of Graham Street within Airdrie Town Centre and is bounded to the north by Graham Street, to the south by the Airdrie Ring Road (A89), to the east by Gartlea Road and to the west by Callon Street. The site is addressed as 78-88 Graham Street and presently contains a large 6 storey office block with attached large single storey retail space (former Somerfields) and adjacent 3 retail units all sited towards the northern (Graham Street) part of the site. The remainder of the site, southern and western, is occupied predominantly by car parking and servicing areas which are accessed from Gartlea Road at the south eastern corner of the site. A large 4 storey Social Work building (Coats House) abuts the large vacant retail building (former Somerfields) on its southern elevation.

1.2 The proposal involves the demolition of the existing building and adjoining large single storey retail space to be replaced with a 4 storey structure occupying the majority of the existing footprint. The existing gross floorarea of 6,968 sq.m will be replaced by a significantly larger gross floorarea of 12,112 sq.m. The existing pend (new street) which currently links Graham Street with the car park will be widened and the building line of the new building fronting Graham Street will be set slightly forward to correspond with the adjacent established building lines.

1.3 The new building will retain a basement (as existing) to accommodate plant and storage areas and to provide staff access to all floors. The ground floor will be occupied by retail units including a chemist, Social Work office space and two entrance foyers into the ground and upper floor areas. The upper floor areas (3 off) will all be occupied by NHS Lanarkshire to provide a single site facility accommodating 10 GP Practices and other NHS Clinical services. Each of the upper floors will include a range of facilities including GP Practices, Clinical areas under the NHS control, shared consulting areas, administration facilities and support areas. External materials will include smooth polymer rendered panels with ribbon windows on the upper levels, grey coloured metal cassette cladding and blue brick with black mortar over the stairwell and at ground floor level on the Gartlea frontage. The main shop frontages on Graham Street and along the pend (new street) will be predominantly glazed.

1.4 The existing single storey units on the west side of the pend (new street) will be refurbished both internally and externally as part of this proposal to become units for Class 2 or 3 Office/Restaurant. New surface finishes including new lighting and street furniture will be introduced along the widened new street and this will include the replacement of the existing ramp to the south with a new ramp and steps. External areas have also been identified within the scheme for artwork.

1.5 The existing on-site car park will be redeveloped to provide essential car parking for staff and disabled. Due to site constrains the required level of parking for this development can only be accommodated outwith the site boundaries and the nearby public car park on Hallcraig Street is to be upgraded through a financial partnership between the Council, NHS Lanarkshire and the developer (which will be through a separate planning application). A Transport Assessment prepared by URS has been submitted by with this application to consider the impact of the proposed development generated traffic on the local road network.

2. Development Plan

2.1 The site is covered by policies ECON 13/4 (Improvement of Industrial Sites); COM 3 (Maintain Retail Core Areas); TR 10/5 (Bus Station, Airdrie); TR 10/6 (Callon Street, Airdrie) and ECON 9 (Secondary Core Area) in the adopted Monklands District Local Plan 1991. 3. Consultations and Representations

3.1 Following the standard neighbour notification and public advertisement procedures no objections were received against this proposal.

3.2 Scottish Water offered no objections to this proposal. SEPA also offered no objection although they stressed that surface water from the site must be treated in accordance with the principles of the SUDS. Scottish Power had submitted an initial objection on the grounds on lack of information on whether their apparatus would be affected by this proposal. The developer is now in direct contact with Scottish Power to discuss this issue.

3.3 Strathclyde Police offered no objections to the proposal.

3.4 Protective Serves Section requested additional information in relation to contamination.

3.5 The Transportation Section requires the provision of a minimum number of 170 car parking spaces in addition to the restricted level of in site parking to be provided. A Legal Agreement between the Council and NHS Lanarkshire is currently being finalised for the upgrading of the nearby Hallcraig Street car park in lieu of the required level of in-site parking normally required to serve a development of this nature and size, The Council will be responsible for the development of that upgraded car park.

3.6 A+ DS have submitted a Design Review on the proposals including comment on the Urban and Internal Design of the building. They recommend that the proposed design is further developed to produce a building and public space of civil presence which will set the standards for surrounding developments.

4. Plannina Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises The Glasgow and the Clyde Valley Structure Plan 2000 incorporating the Third Alteration 2006 and the Adopted Monklands District Local Plan 1991.

4.2 With regards to the Structure Plan the proposal is considered to be of no strategic significance and therefore does not conflict with the Structure Plan.

4.3 In terms of the adopted Monklands District Local Plan 1991 the site is covered by multiple zoning as follows:

Policy ECON 13/4(lmprovement of Industrial Sites - Airdrie Town Centre) - while this policy affects the southern part of the site the zoning is a discontinued grants scheme and as such reverts to policy ECON 9 which sets out this part of the site as a Secondary Core Area. Within this policy area the principle of a mixture of uses will be acceptable and existing light industrial and commercial uses will be encouraged to remain subject to there being no change of use or intensification of use, likely to create adverse environmental issues. Uses such as Shopping and related uses (Classes 1, 2 and 3); Office accommodation and Business will generally be acceptable. A Health Centre and Social Work services can be regarded as in accordance with Local Plan policy ECON 9. Policy COM 3 (Maintain Retail Core Area) - Within this policy area the Council will resist any further changes out of Class 1 use and will encourage changes into Class 1 use. Given the retail element being introduced in the proposed development and the contribution the non retail element will make towards Town Centre pedestrian footfall the proposed development is in accordance with Local Plan policy COM 3.

Policies TR 10/5 and 10/6 (Bus Station - retain and extend; Callon Street - new car park) affect sections of the development site and these policies set out the Council’s intention to encourage and retain off street Town Centre car parks. Taken that the proposed development provides for the retention of the existing parking area and the provision of parking outwith the development site, the proposed development accords with Local Plan policies TR 1015 and 1016.

4.4 Scottish Planning Policy 8 (Town Centre and Retailing) measures Town Centre vitality and viability and a factor in this is the number of pedestrians who populate the town centre. A Health Centre and Social Work services within the town centre contribute to the success of the Town Centre in terms of retaining existing shops and facilities and in attracting new ones. SPP8 also makes reference to alternative uses for Town Centre sites and includes mixed use higher density development. The mixed use development proposed would encourage a more populated town centre, which in turn will attract more users, thus contributing to the vitality of existing or new commercial uses.

4.5 In terms of the Finalised Draft North Lanarkshire Local Plan the application site is located within an area designated under policy RTC 1A (Protecting the North Lanarkshire Centre Network - Town Centres). Under that policy Use Classes 1,2,3,4,7,8,9,10and 11 are considered appropriate while Courts of law, Transportation, Health Care, Open Space, Urban Realm and Civic Functions are also considered appropriate. Having regard to this the proposed development accords with the FDNLLP.

4.6 The development proposals are a direct result of a requirement by NHS Lanarkshire for a single Health Centre facility for Airdrie accommodating 10 GP Practices and other NHS clinical areas including dental practices which can operate as individual businesses. Through a joint venture scheme involving the owners of the application site GSARPL and NHS Lanarkshire a mixed use development providing retail and social work facilities on the ground floor with a modern and efficient Health Centre on the upper levels evolved. An extensive consultation process (pre- application stage) was undertaken during the development of the scheme involving local Community Groups, Councillors, MP’s and MSP’s for the local area and the Architecture & Design Scotland (A+DS). The proposals submitted as part of the planning application were a direct result of this consultation process and in particular reflected the specific needs of the NHS and the comments of A+DS in respect of detailed design and layout.

4.7 Through the design development it was recognised that the new build would represent a significant building at a gateway position within the Town Centre and the use of modern materials was seen as a direct response to the existing townscape environment and the nature of the streetscape. The opening out of the pend area to create a new street with improved surface materials, lighting, street furniture etc. and the introduction of large areas of glazed frontages over the new retail units on Graham Street will create an attractive streetscape to attract both retailers and shoppers. The introduction of display areas for art will enhance the facades along the new street. The design of the building sought to incorporate as much of the design criteria put forward by A + DS while also seeking to produce a building which would meet the specific internal requirements of the NHS. In response to the Design Review prepared by A+DS the developer has advised that the form and internal design of the building has been dictated by the end user i.e. NHSL although they have now incorporated some external elevational changes including the entrance from Graham Street to reflect comments raised by A+DS. 4.8 The specific constraints of this important town centre location are recognised in terms of the availability of space for in site parking provision and the existing restricted level of in site parking will be upgraded to provide essential staff parking, disabled spaces, spaces (20 off) for existing retail units and 20 spaces for general use. However, given the high level of parking required for this level of development an agreement is about to be concluded (primarily between North Lanarkshire Council and NHS Lanarkshire) to allow for the expansion of the Hallcraig Street car park. NLC will be responsible both for the submission of the required planning application for the upgrading of the Hallcraig Street car park and also for the development of the car park itself. Taken that the upgraded car park will be a Council development in conjunction with NHSL (through a legal agreement presently being concluded) it is not therefore considered necessary to impose conditions on this application relating to the completion of the car park upgrading works.

4.9 Taking all of the foregoing into consideration it is concluded that the proposal is in accordance with the development plan and acceptable both in design and general layout terms. The associated streetscape and public art proposals will significantly enhance this part of the town centre and no objections have been received against the development. I therefore recommend that planning permission be granted subject to the attached conditions. Application No: C/09/00336/FUL

Date Registered: 20th April 2009

Applicant: Dovecot Developments Ltd 142 Swinton Road Baillieston Glasgow G69 6DW

Agent Oliver & Robb Architects Pitreavie Drive Pitreavie Business Park Dunfermline KY11 8UH

Development: Conversion of Farm House and Steading to Form 4 Dwellinghouses and Construction of Detached New Build Dwellinghouse

Location: Staylee Farm Hulks Road Greengairs North Lanarkshire

Ward: 7 Airdrie North Councillors Cameron, S. Coyle, McGuigan and Morgan

Grid Reference: 277003671114

File Reference: C/PL/GWH840/SM I/GL

Site History: C/01/00247/FUL Conversion of Outbuildings to Form 3 No. Self- Contained Dwellinghouses - granted 16.08.2001 C/03/01741/FUL Erection of Residential Caravan for a Period of 1 Year - withdrawn 19.03.2004 C/05/00290/OUT Formation of Country Park Including the Construction of 11 Dwellinghouses, Associated Buildings to Accommodate Rural Uses (e.g. Equestrian Centre and Ancillary Infrastructure Works) - refused 20.03.2007 Appeal withdrawn. Development Plan: The site is covered by policy GB1 (Restrict Development in the Greenbelt), HG10 (Residential Development Outwith Residential Areas) and LI 1/1 (High Quality Landscape) in the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996.

Contrary to Development Plan: Yes

Consultations: British Gas (no objection) Scottish Power (no objection)

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 29th April 2009 Planning Application No C#DStW3X/FUL (L1-l I rrsrtfr Conversion of Farm House and Steadrng to Form 4 ~ellin~ho~s~~ and Construction of Detached New Build Dwellinghouse

Staylee Farm, Hulks Road, Greengacrs Iw (0 SQJlO Recommendation:

Refuse for the reason that the proposal including a new build dwellinghouse is considered contrary to Strategic Policies 1 and 9 of the Glasgow and Clyde Valley Joint Structure Plan Incorporating Fourth Alteration 2008, policies GB1, HG5 and HGlO of the Monklands District Local Plan 1991 Including Finalised First Alterations A, B & C September 1996 and policy NBE3A of the Finalised Draft North Lanarkshire Local Plan.

Background Papers:

Application form and plans received 27th March 2009

Letter from British Gas received 18th May 2009 Letter from Scottish Power received 14th May 2009

Memo from Transportation received on 2"d June 2009

Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, 8 & C September 1996

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

Date: 5 June 2009 APPLICATION NO, C/09/00336/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for the conversion of farmhouse and steading to form 4 dwellinghouses and the construction of a detached new build dwellinghouse at Staylee Farm, Hulks Road, Riggend, Airdrie.

1.2 The farmhouse and steading are of traditional design and construction with pitched roofs. Parts of the buildings have been damaged by fire however they are complete to wallhead height. The buildings have a footprint of approximately 423 sqm. The applicant proposes to restore the farmhouse and convert the attached steading buildings to form a total of 4 houses. The conversion incorporates traditional banding around windows. The steading buildings will accommodate 3 dwellings with a mix of 2 and 3 bedrooms whilst the farmhouse will accommodate 4 bedrooms.

1.3 There is an existing steel storage shed to the north of the farmhouse and steading. This building is portal framed with curved roof and corrugated steel cladding on 3 sides of the building. The building measures approx 15.3m by 6m and has a footprint of approximately 91.80sq.m. The applicant proposes to construct a dwellinghouse on the site of this storage shed measuring 18m by 6m and a footprint of 108 sq.m. The dwellinghouse is 6 m high with a curved roof reflecting the roof of the existing shed. The dwellinghouse is of modern design incorporating elements of render, timber and aluminium cladding and will accommodate kitchen, dining room, lounge and 4 bedrooms.

2. Development Plan

2.1 The site is covered by policy GB1 (Restrict Development in the Greenbelt), HG10 (Residential Development Outwith Residential Areas) and LI 1/1 (High Quality Landscape) in the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996. The Glasgow and Clyde Valley Joint Structure Plan Incorporating the Fourth Alteration 2008 requires the continued safeguarding of the Greenbelt and presumes against the spread of built up areas and the encroachment of development into the countryside. This is further reflected in Strategic Policy 9 (Assessment of Development Proposals).

3. Consultations and Representations

3.1 Scottish Power and Transco do not object to this application.

3.2 The Transportation Team was consulted and has recommended that the application be refused. The reasons for refusal are:

(a) That the development should be served by a road constructed to adoptable standards as it serves 5 houses ie 5.5m wide carriageway, 2m wide footpath on each side, street lighting, drainage, appropriate turning facilities etc. The current track does not meet these requirements and it does not appear from the site boundary that they could be achieved. (b) Substandard visibility onto Hulks Road in both directions. (c) No pedestrian or lighting facilities on the proposed access track or on Hulks Road. (d) Short fall in in-curtilage parking provision

3.3 Following press advertisement and standard neighbour notification procedures no letters of representation have been received. 4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. The application requires to be assessed against both the Glasgow and Clyde Valley Joint Structure Plan and the Monklands District Local Plan 1991.

4.2 The Glasgow and Clyde Valley Joint Structure Plan Incorporating Fourth Alteration 2008 seeks to safeguard the Glasgow and Clyde Valley Green Belt and also avoid isolated and sporadic development in the Green Belt and Wider Countryside. Therefore the proposed development, through the inclusion of a new build dwellinghouse, is considered to be a departure from Strategic Policy 9 B (i) and (v). The proposed development is not of such a scale as to be considered significant in terms of Schedule 9. The Structure Plan recognises ‘that there will be situations where smaller scale developments could raise significant issues in their own right or in terms of the precedent set and advises that this is a matter for each authority to implement within the spirit and purpose of the relevant strategic policy. In particular, this applies to the cumulative impact, and therefore control, of small scale housing developments in the Green Belt or wider countryside’. The application under consideration must be considered as a departure from the Structure Plan as it does not accord with the spirit or aims of the plan.

4.3 The site is zoned as GB1 Restrict Development in the Greenbelt in the Monklands District Local Plan 1991. This policy states that within areas designated as Green Belt no development will be permitted except for new houses for full time workers in connection with forestry or agriculture, non-residential developments in connection with forestry and agriculture, uses requiring are rural location (i.e. animal boarding kennels, stables or golf courses) or areas identifies as having substantial development potential.

4.4 When assessing the proposed development against the above policy there is no provision for new housing in the Green Belt where there is no operational need. Where there is no operational need Policies HG5 and HGIO are relevant when considering the conversion of existing buildings to residential dwellings.

4.5 Policy HG5 Promotion of Rural Housing Opportunities in the Monklands District Local Plan recognises there is a need to provide adequate opportunities for residential development in declining rural communities. The policy recognises the need to assemble and promote suitable housing sites in the villages and also encourages the conversion and rehabilitation of existing cottages and redundant farm buildings.

4.6 When assessing the proposed development against the above policy it is not located in an identified housing site and as there is a new build dwellinghouse within the scheme cannot be considered as an acceptable scheme for conversion of redundant farm buildings. It is therefore considered contrary to policy HG5. 4.7 Policy HG10 Residential Development Outwith Residential Areas also indicates that the Council will consider favourably planning applications for the conversion of existing buildings in the countryside to residential use provided that such proposals are consistent with development control advice, This detailed advice is contained in the Design Guidance new Houses in the Countryside. The guidance reflects the above policies and advises against new housing in the countryside unless there is a proven ‘operational need’. Where there is no operational need the only cases where a rural house would be considered favourably would be where there is an existing building or structure capable of sympathetic adaptation. The guidance details 4 criteria which a development must satisfy to be considered favourably. These are:

0 the building should be inherently worthy of preservation i.e. should not just be a heap of stones or an old tin shed; 0 the building should be substantially complete up to wallhead level; 0 the existing structure should form the main part of the building with the existing floor area not normally being increased by more than 50%; and 0 the house should generally be of traditional design and should have adequate vehicular access and drainage.

4.8 When assessing the proposed development against the above criteria it is clear that the proposal does not meet the terms of the above local plan policies as there is no operational need for the new build dwellinghouse (unit 5) within the development and it is not formed through the conversion of an existing building. The applicant has indicated that the new build dwellinghouse is required to provide the capital to convert the existing buildings; however, this is not considered to be suitable justification to depart from the above policies or design criteria.

4.9 The existing shed is clad on three sites by corrugated metal panels. It is considered that this building is not worthy of preservation and in any case the shed itself is not capable of conversion hence the new dwelling being built on its footprint.

4.10 The farmhouse and steading conversion (units 1-4) do meet the terms of the above policies and the 4 criteria contained within the design guidance. However, as the new build dwellinghouse forms part of the proposals and is considered contrary to the development plan the whole application must be considered unacceptable.

4.1 1 The Finalised Draft North Lanarkshire Local Plan is a material consideration. The site is zoned as NBE3A Greenbelt. Policy NBE3A Assessing Development in the Green Belt is split into 4 sections; (1) Types of acceptable development, (2) Impact criteria for assessing acceptable development; (3)Other assessment criteria relating to new development and (4) Other assessment criteria relating to proposals to restore, renovate, and convert redundant buildings

. in the Green Belt. Of these criteria, Section 3 requires that the design and siting of any new development must have Tewrd to-rmNT2 Housing in fne CO- Mow). - Section 4 outlines the relevant criteria:

0 The existing buildings are of vernacular interest, with external walls and roof substantially complete. 0 Development would not lead to effective demolition and reconstruction of the building 0 The building is no longer capable of reasonably beneficial use for the purpose for which it was designed or last used, and can accommodate the proposed conversion 0 The proposed use will be compatible with its location and adjoining uses and extensions are of appropriate scale, design and materials. 4.12 When assessing the application against the above criteria it is noted that new dwellinghouses are not listed in section 1 as an acceptable type of development in the Green Belt without justification. It is also noted that the farmhouse and steading proposals would accord with the criteria listed in section 4. As discussed above the new build dwellinghouse is not considered acceptable. The shed is not of vernacular interest and the proposal is to demolish and build the new dwellinghouse on the existing footprint. This cannot be considered to accord with the above policy.

4.13 PAN 72 is a material consideration and bearing this in mind it is accepted that the new build dwellinghouse has been individually designed to reflect the size, scale and proportion of the shed it is to replace; however, it is the siting of an additional detached new-build dwellinghouse in this location with no policy justification which is unacceptable. An argument could be put forward that the siting of a house in this location could enhance the setting of the steading, however the benefits from this (in such a remote location) are considered very small indeed when weighed up against the policy objections.

4.14 The concerns detailed by the Transportation Team have been taken into consideration. It is acknowledged that the current proposals do not make provision for an access road to adoptable standards; however, taking into account the planning history of the site and the rural location of the farmhouse and steading it is not considered that this, in itself, merits the refusal of the application.

4.15 The proposed layout incorporates detached car ports for parking provision. The level of parking provision (10) is less than that required for a development of this type which based on the number of proposed bedrooms would be 13 plus visitor parking provision. Should planning permission be granted, there is sufficient space within the site to accommodate the necessary parking spaces.

4.16 The planning history of the site is a material consideration and in particular the approval of C/01/00247/FUL in 2001 for the conversion of the farmhouse and steading into 3 units. This application has not been implemented and expired in August 2006. The proposed renovation of the farmhouse and conversion of the steading buildings is very similar in terms of design to that previously given approval. There is an increase in the height of the farmhouse to accommodate dormer windows and alterations to the internal layout, however this is considered acceptable.

4.18 Taking the above into account the proposal must be considered contrary to the development plan as it includes a new build dwellinghouse and no robust justification has been provided to allow for a departure from the development plan in this instance. The proposal is considered contrary to Strategic Policies 1 and 9 of the Glasgow and Clyde Valley Joint Structure Plan Incorporating Fourth Alteration 2008, policies GB1, HG5 and HGlO of the Monklands District Local Plan 1991 Including Finalised First Alterations A, B & C September 1996 and policy NBE3A of the Finalised Draft North Lanarkshire Local Plan. It is therefore recommended that __ -planning permission be refused. ~ -~ ___~~ ~ ~ Application No: C/09/00395/FUL

Date Registered: 30th April 2009

Applicant: Empire State Ltd Clo Javid & Co. 49 Hyde Park Street Glasgow

Agent W. Simpson 25, The Glebe Dalmeny South Queensferry EH30 9TX

Development: Demolition of Single Storey Shop Unit and Erection of Two Retail Units (Including 1No. Hot Food Takeaway)

Location: 215 Greengairs Road Greeng ai rs Airdrie North Lanarkshire ML6 7SZ

Ward: 7 Airdrie North Councillors Cameron, S. Coyle, McGuigan and Morgan

Grid Reference: 277815 670232

File Reference: C/PL/GWG9000021 5/SM I/GL

Site History: C/07/01383/FUL Demolition of Single Storey Shop Unit and Erection of New Single Storey Retail Unit to Provide Hot Food Takeaway and Mini Market - Withdrawn 13.02.09

Development Plan: The site is zoned as ECON 8 General Urban Areas in the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Contrary to Development Plan: No

Consultations:

Representations: 3 letters of representation received.

Newspaper Advertisement: Advertised on 13th May 2009

Recommendation: Approve 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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

1/2/2009 2/2/2009 3/2/2009 4/2/2009

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

3. That before the development hereby permitted first comes into operation, 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.

4. That BEFORE the development hereby permitted starts, a scheme for the area of landscaping shown 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 and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, (d) details of the phasing of these works.

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

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

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

6. 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 footpaths (b) the proposed parking area (c) the proposed landscaped areas (d) the proposed boundary treatment as shown on the approved plans.

Reason: In the interest of the amenity of the site and the general area. 7. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.

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

8. That before the hot food take-away is brought into use the external flue as shown on the approved plans shall be fully installed. For the avoidance of doubt the flue shall terminate 1 metre above the eaves level of the roof of the building.

Reason: To safeguard the amenity of the surrounding area.

9. That before the hot food take-away is brought into use the fence highlighted green on the approved plan shall be erected.

Reason: To safeguard the amenity of the adjoining residential property.

Background Papers:

Application form and plans received 8th April 2009 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 Memo from Head of Protective Services received 28'h May 2009. Letter from James Booth, 174 Greengairs Road, Airdrie, received 28th April 2009. Letter from Mrs Cochrane, 172 Greengairs Road, Wattston, Airdrie, ML6 7TA received 27th April 2009. Letter from Mrs Mary Booth, 174 Greengairs Road, Greengairs, Airdrie, ML6 7TA received 27th April 2009.

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

Date: 28 May 2009 APPLICATION NO. C1091003951FUL

REPORT

1. DescriDtion of Site and ProDosal

1.1 Planning permission is being sought for the construction of two retail units (including 1 hot food takeaway) at 215 Greengairs Road, Greengairs.

1.2 The application site is located to the north of Greengairs Road in Wattston, measures approximately 587 sq.m and is occupied by a single shop. The single shop on site is single storey with a pitched roof 4.2m high which faces gable end onto the road. The shop has a footprint of approximately 74.5 sq.m. The remainder of the site is predominantly hard standing. The site slopes from Greengairs Road down to the rear of the site.

1.3 The proposed building measures 11.8m by 23.0m with a footprint of 271.5sqm. It has a traditional pitched roof 6.55m high with the ridge running parallel to the road. The applicant proposes that the class 1 shop will be the larger unit and occupy 172.7sq.m whilst the Fast Food Shop will occupy the smaller unit in the east of the building with a footprint of approximately 78 sq.m. Due to the sloping nature of the site the applicant intends to build up the rear of the shop by approximately 1.2m and re-grade the land to the front to create a 5 space parking area with landscaping. The site backs onto a garage court area accessed via a lane to the west of the site. Apart from the existing shop within the site, the surrounding area is almost exclusively residential. The nearest property to the new building would be the bungalow to the east, with a minimum distance of 3.5m.

2.1 The site is zoned as ECON 8 General Urban Areas in the Monklands District Local Plan 1991. There are no strategic implications.

3. Consultations and Rewesentations

3.1 Protective Services was consulted and does not object to the application; however it has provided a series of comments regarding measures to be put in place during the construction of the shops, information about the standard of the extraction flue and noise rating to be adhered to.

3.2 Following press advertisement and standard neighbour notification procedures 3 letters of representation were received from residents on the other side of Greengairs Road. The main points of objection can be summarised as follows:

(i) There are already cars parked on both sides of the street and the new shops will increase traffic to the area (ii) There is already antisocial behaviour from youths hanging around the shop and a fast food shop would make this worse particularly with the late opening hours. (iii) Litter will be spread into adjacent gardens from the Fast Food Takeaway (iv) The hot food shop in particular will alter the views from the houses opposite and devalue them

3.3 Two of the letters of representation also make it clear that they support the retention of the shop and are only objecting to the hot food takeaway. 4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. There are no strategic implications and therefore this application can be assessed under the terms of the Monklands District Local Plan 1991.

4.2 The site is located in an area designated as ECON8 (General Urban Areas) in the Monklands District Local Plan 1991. This policy allows the principle of mixed uses to be retained provided there is no adverse environmental affects. The proposals would involve two different uses a class 1 shop and a hot food shop. There is currently an existing shop on site and the principle of this development is considered acceptable under the policy.

4.3 Policy COM 10 sets out to ensure that an adequate external ventilation duct can be installed to ensure all cooking odours and fumes can be dispersed with no adverse impact on surrounding residents. The proposals include a separate flue system terminating lm above the eaves level of the shop this is considered to be satisfactory.

4.4 Policy COM 12 relates to village shops. This policy supports the retention of village shops and related services (Classes 1, 2 and 3) and will support the provision of further shops where this will increase local choice and conform to other policies in the plan. This policy clearly supports the larger class 1 retail unit under consideration.

4.5 In terms of design the proposed shop units are considered acceptable. Due to the sloping nature of the site the shop will be raised in relation to the neighbouring property at 217 Greengairs Road, however the application passes the relevant sunlightldaylight test in this regard. In terms of amenity the landscaped area will act as a buffer between the proposed car park and the front garden of 217 Greengairs Road. It is noted that the proposed hot food shop would be located close to the bungalow to the east. It is clear that this property will suffer a degree of disamenity by virtue of the nature of the use and its proximity. However, that property will already suffer a degree of disturbance by having a local shop close by. In addition, the use of fencing and landscaping on the boundary should help in keeping any further disturbance to acceptable limits. It is noted that none of the objections received were from that property.

4.6 The shop at present has informal parking to the front of the shop but with no formal dropped kerb access. The new scheme benefits from having 5 spaces and a loading bay which will be properly laid out and accessed via a dropped kerb. It is anticipated that, given the nature of both shop units that any parking will be short stay. On balance therefore it is felt that the extent and layout of the parking provision is acceptable.

4.7 The Finalised Draft north Lanarkshire Local Plan is a material consideration when assessing this application. The site is zoned as HCFlA Protecting Housing and Community Facilities Resources. Part A states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. Developments of an ancillary nature may be acceptable (e.g. guest houses, children’s nurseries, medical surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking. As noted above it is considered that there will be minimal impact on the amenity of .the immediately adjacent residential properties and therefore the development is considered acceptable in this regard. 4.8 The main points of objection outlined in section 3 above are addressed as follows:

(i) It is acknowledge that there is likely to be an increase in traffic; however it is not anticipated that this will cause significant detriment to the surrounding residential area. (ii) Incidents of antisocial behaviour by loitering youths area matter for the police and are not material to the consideration of the proposals. (iii) There would be a requirement for the occupiers to provide sufficient litter bins through Environmental Regulations (iv) It is acknowledged that the view from the objectors’ properties on the opposite side of the road would alter as a result of the proposed development; however, it is considered that the new building will result in a significant improvement to the visual amenity of the local area by way of its design. The impact on the value of a neighbouring property is not a material planning consideration.

4.9 Taking the above into account it is considered that the proposed development accords with the provisions of the development plan. Due consideration was given to the points of objection raised; however, no reason was found to warrant the refusal of this application. It is therefore recommended that planning permission be granted subject to conditions. Application No: S/07/01050/FUL

Date Registered: 15th June 2007

Applicant: Coulter Estates Ltd. 3 Craigend Road Troon KAIO6ER

Agent Burnet Bell Ltd. 180 Hope Street Glasgow G2 2UB

Development: Sub Division of Existing Building into 6 Flats and Construction of a new Three Storey Block (9 Flats in Total) and Associated Parking

Location: 47 Cleland Road Wishawhill Wishaw ML2 7PH

Ward: 18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine

Grid Reference: 279017655475

File Reference: S/PL/BF/10/19/EML/GF

Site History: 00/00899/FUL Rear Extension to Nursing Home. Approved 14th September 2000 01/00669/OUT Construction of 12 Flats and Formation of New Access. Refused 15th October 2001. 01/01587/AMD Construction of 7 Flats (Amendment to Application 01/00669/OUT). Refused 22nd March 2002. 02/00825/LBC Internal Alterations to Form En-suite Bathrooms. Approved 21stAugust 2002. 02/01593/FUL Erection of Linked Single Storey Rear Extension to Residential Care Facility. Approved 24th January 2003. 02/01594/LBC Erection of Linked Single Storey Rear Extension to Residential Care Facility. Approved 25th March 2003. 05/00708/LBC Alterations to Form En-suite Toilets to Existing Bedrooms - Amendment of Original Proposals - Listed Building Consent Ref. No. S/02/00825/LBC. Approved 22nd July 2005.

Development Plan: The site is within an area designated as HSG7 (Established Housing Areas) in the Southern Area Local Plan 2008

Contrary to Development Plan: No

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

Representations: No letters of representation received

Newspaper Advertisement: Not Required.

Recommendation: Approve 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 except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 004 REV E; 01 0 & 01 3 REV A; 020 - 023 REV C; 025 & 026 REV A; 050 & 051 REV A; 11 1 & 1 12; 104 & 105; 106 & 109; 101; and R 01.

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

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including a timetable for their implementation in a phased manner contemporaneously with the development.

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

4. That the proposed boundary treatments outlined in condition (3) above shall be completed in accordance with the approved timetable and prior to the occupation of the first dwelling in the flatted block.

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

5. 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 and for the avoidance of doubt roofs shall be finished in smooth dark grey concrete interlocking tiles, walls shall be finished in lime render with precast stone for the basecourse and smooth banding around windows as shown on the plans hereby approved.

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

6. That before any of the flats hereby permitted are occupied, a pedestrian / vehicular intervisibility splay of 2.4 metres by 3.3 metres, measured from the road channel, shall be provided on both sides of the vehicular access and 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 and 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 access and parking facilities to serve the site.

7. 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 to and approved in writing by 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). If the area of ground illustrated for the SUDS feature is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and approved by 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 of existing and future residents adjacent to and within the development site respectively.

8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 7 above shall be implemented contemporaneously with the development and shall be completed before the 1st flat is occupied. Before any of the flatted properties hereby permitted are occupied, a certificate (signed by a chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS scheme has been constructed in accordance with the approved plans.

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

9. 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 in respect of providing the necessary site drainage infrastructure to serve the development. For the avoidance of doubt, this shall also include confirmation of the long term maintenance arrangements for the proposed attenuation system identifying the extent of infrastructure to be vested with Scottish Water.

Reason: To ensure the provision of satisfactory site drainage arrangements.

10. That prior to the development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

1 1. That before the residential 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:-

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

12. That before the residential 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 grassed, planted and landscaped areas agreed under the terms of condition 11 above; (c) the proposed fences to be erected as agreed under the terms of condition 3; (d) the proposed SUDS drainage scheme.

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

13. That the timetable of works for the management and maintenance scheme approved under the terms of condition 12 shall be introduced in a phased manner in accordance with the approved timetable and shall be fully in place prior to the occupation of the last flat within the development.

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

14. That before the development hereby permitted is commenced, full details of the proposed bin stores associated with each flatted block shall be submitted to and approved in writing by the Planning Authority.

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

15. That before the occupation of the flatted block of the development hereby permitted, the bin stores associated with the block approved under the terms of condition 14 above shall be built to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate bin storage facilities.

16. That before the development hereby permitted starts, full before and after cross sections and site levels shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be constructed in accordance with the plans approved under the terms of this condition unless otherwise agreed in writing beforehand by the Planning Authority.

Reason: In the interest of amenity and the proper planning of this area by ensuring that ground levels are appropriate for the site and the general area.

Background Papers:

Application form and plans received 15'h June 2007, 1" September 2008, 13'h March 2009, and 6'h April 2009 Bat Emergence Survey submitted 1'' September 2008 Flood Risk Assessment submitted 1" September 2008 Surface Water Routing Report submitted February 2009

Letter from Scottish Environment Protection Agency received 23rdJuly 2007 Letter from Scottish Water received 27thJune 2007 Letter from Scottish Power received 25" June 2007 Letter from Transco received 27'h June 2007 Memo from Transportation received 26'h June 2007 Memo from Geotechnical Team Leader received 12'h July 2007 Memo from Head Of Protective Services received lothJuly 2007 Memo from Conservation and Greening received 15'h September 2008

Southern Area Local Plan 2008 Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 2741 13.

Date: 5th June 2009 APPLICATION NO. S/07/01050/FUL

REPORT

1. DescriPtion of Site and ProDosal

1.1 Detailed planning permission is sought for the sub division of the existing building into 6 flats and construction of a new three storey block (9 flats in total) and associated parking.

1.2 The dwelling is a two storey B-Listed detached dwellinghouse currently operating as a nursing home and is surrounded by dwellings to all sides and a grassed area of open space to the west.

1.3 It is proposed to utilise the existing access from Cleland road to serve the parking areas for both the existing building and the proposed new build block of flats to the rear. The proposed new build three storey block will be 8.6 metres in height, albeit that the third storey is located within a Mansard style roof, will contain 9 flats, and the proposed materials to be utilised in the development comprise smooth dark grey concrete interlocking tiles (roof), with the walls to be finished in lime render with precast stone for the basecourse and smooth banding around the windows. Various reports on environmental issues pertaining to the site supported the application.

1.4 The applicant has submitted a separate Listed Building application S/07/01052/LBC for the proposals which are currently under consideration.

2. Development Plan

2.1 The site is within an area designated as HSG7 (Established Housing Areas) in the Southern Area Local Plan.

3. Consultations and Rewesentations

3.1 The Transportation Team Leader has raised no objections to the application subject to conditions relating to the requirement of adequate access, visibility splay, and parking provision.

3.2 My Geotechnical Team Leader has indicated that a Flood Risk Assessment is not required for the site due to the small scale and low flood risk implications. They indicate that 300mm diameter combined sewer may intersect the development site and that the proposed new build block may be in conflict with this and require diversionary works to be agreed with Scottish Water. Geotechnical indicate that further information will be required to assess the drainage proposals for the site.

3.3 Conservation and Greening comment that no bat roosts were found and no mitigation is required for protected species.

3.4 Protective Services have no objections to the proposed development.

3.5 Built Heritage and Design have highlighted concerns regarding the design and massing of the new building which is considered likely to have a detrimental impact on the character and setting of the listed building. Built Heritage and Design recommend amendments to the design of the proposed new building, alterations to the parking layout of the site, and suggested finishing materials for the proposed new build block. 3.6 Historic Scotland comment that they would assume that the Council has a number of concerns regarding the proposed development within the grounds of the house and its effect on the setting of the B-listed villa. Historic Scotland recognise that as a B listed building they have no formal role to play regarding the setting issue and suggest that the council take further expert conservation advice in relation to this particular matter.

3.7 The Architectural Heritage Society comments that they find the proposals generally acceptable and particularly the references in the new build to the arts and crafts styling of the listed building.

3.8 The Civic Trust comments that the current plans are an improvement on the previous proposals and show more consideration to the existing listed building. The Trust notes that no materials are marked on the drawings supplied and would hope that these are high quality materials to complement the listed building.

3.9 Scottish Water have offered no objections to this application but have stated that the applicant will be required to contact Scottish Water Development Planning Team prior to the commencement of any development on site, and that non objection does not guarantee connection to Scottish Waters infrastructure. A SUDS drainage system will be required.

3.10 SEPA raised no objections to the proposal given that the development will drain foul and surface water to the public sewer but advised that confirmation on acceptance of flows be obtained from Scottish Water.

3.1 1 Transco have offered no objections to this application.

4. Planning Assessment and Conclusions

4.2 The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. In this instance the Southern Area Local Plan is relevant, with the site being zoned as HSG7 (Established Housing Areas). Policies HSG9 (Assessing Applications for Housing Development), TR 13 (Assessing the Transport Implications of Development) and ENV 18 (Listed Buildings) are also relevant.

4.3 Policy HSG 9 (Assessing Applications for Housing Development) sets out the criteria against which new housing proposals will be assessed including: impact of the development on the existing built and natural environment; detailed design elements; provisions made for landscaping and open space and provision made for roads, access and parking. In assessing this particular proposal in terms of Policy HSG 9, it is considered that in land use terms the development of the sites for residential use is acceptable given its zoning in the Southern Area Local Plan and would not adversely affect the character and amenity of the area. In terms of the impact on surrounding residential properties the design of the proposed flatted blocks is considered acceptable and would compliment the wider existing surrounding properties in terms of scale, style and finish. The proposed development would result in no loss of privacy, sunlightldaylight to surrounding properties and satisfactorily meets current open space standards as detailed in the Council’s “Developers Guide to Open Space”. The transportation issues are considered below.

4.4 In assessing the transport implications of the development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the 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. My Transportation Section has no objections to the proposals subject to provision of adequate visibility splay and parking. In this instance the development is adequately served by the existing access. It is considered that there will not be a detrimental increase in traffic levels caused by the proposed new flatted development such as to have any significant impact on the environment or the surrounding residential properties. It is not considered there will be any significant impact on traffic circulation or road safety. The development will provide adequate off street parking and turning facilities. The flats will be accessed via a private access which will not be adopted. The proposals are therefore considered to be in accordance with policy TR13.

4.5 Policy ENVIS indicates that the Council will resist proposals which would harm the historic or architectural interest of a Listed Building but will encourage proposals, which enhance the character of a Listed Building. The proposed development seeks the sub division of the existing building into 6 flats and construction of a new three storey block (9 flats in total) and associated parking. It is considered that given the previous approved internal alterations to the building and the fact that the internal spaces have been extensively altered the proposal to convert the building into 6 flats is considered acceptable as few features of interest survive. The proposed works will have a minimal impact on the external fabric of the building and any minor alterations can be covered by suitable conditions. With regard to the proposed new block I consider that the proposed design and siting of the block is such that it will not have a detrimental impact on the character and setting of the listed building. The applicant has provided amendments to both the design of the block and the layout of the parking areas and landscaping which are considered to minimise the impact of the proposals. In this regard I find the proposals are acceptable when assessed against Policy ENVIS and it should be noted that the proposals are subject to a separate Listed Building application S/07/01052/LBC which is currently under consideration.

4.6 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). The site is zoned as HCF2A Promoting Housing Development and Community Facilities. Policies DSPI (Amount of Development); DSP2 (Location of Development); DSP3 (Impact of Development); DSP 4 (Quality of Development); and HCFlA Protecting Residential Areas and Community Facilities apply.

4.7 Policies DSP 1, DSP 2, DSP 3 and DSP 4 apply to all development proposals and cover the strategic nature of developments. The proposed development is for a residential development on a site zoned for residential purposes and it is therefore considered to accord with NLLP policy. The proposed development is therefore considered to accord with the strategic nature of policies DSP 1, DSP 2, DSP 3, and DSP 4 of the Finalised North Lanarkshire Local Plan.

4.8 Policy HCFIA states that there will be a presumption against developments detrimental to the residential amenity of primarily residential areas. The proposed development is considered acceptable and will not have a detrimental impact on the residential amenity of the area given that it proposes a new build block of flats within the existing residential area which can be accommodated without detriment to the existing residential area. The proposals are therefore considered to accord with policy HCFIA.

4.9 Policy HCF2A states that the Council will satisfy housing demand in the period up to 2011 by additions to the Housing Land Supply. The site is zoned for residential purposes in the FNLLP and as such is considered to accord with policy HCF2A.

4.10 In response to the comments received from the statutory consultees, it is considered that the proposed new build development has been justified in paragraph 4.5 above. Amended plans have been submitted to meet the concerns held in respect of the design and impact of the block which creating a clear distinction between the original building and the proposed new build but which incorporate features that incorporate arts and crafts styling of the listed building. Furthermore it is considered that the proposed development has been designed to preserve the character and setting of the Listed Building and that whilst some details are outstanding with regards to final external finishes, these can be satisfactorily be dealt with by way of planning conditions. Finally having considered the Council’s Built Heritage and Design Team, comments it is considered that the amended design and layout sufficiently address their concerns as to warrant recommendation of approval in this instance.

4.11 In conclusion, the proposed development will have a minimal impact on the B-Listed building and is considered to conform with the relevant local plan policies HSG 7, HSG 9, ENV 18 and TR 13. It is not considered that the proposal will significantly impact on the amenity of the surrounding properties. There have been no third party representations received on this application as a result of neighbour notification. It is therefore recommended that planning permission be granted. Application No: S107101723/OUT

Date Registered: 22nd October 2007

Applicant: Stewart And McKenna Unit 2B Somervell Street Cam buslang G72 7EB

Agent lronside Farrar 111 McDonald Road Edinburgh EH7 4NW

Development: Residential Development (Outline)

Location: Land To The North Of Smith Avenue Wishaw ML2 ORY

Ward: 20 Wishaw: Councillors Adamson, Love, McKay and Pentland

Grid Reference: 279405 653663

File Reference:

Site History: No relevant site history

Development Plan: The site is identified as an Established Industrial and Business Area (IND8) in the Southern Area Local Plan 2008

Contrary to Development Plan: No

Consultations: Scottish Natural Heritage (No Objections) Scottish Environment Protection Agency (CommentsIConditions) West Of Scotland Archaeology Service (No Objections) Scottish Water (No Objections) Network Rail (No Objections)

Rep resentat ions: 3 letters of representation received

Newspaper Advertisement: Advertised on 28th February 2009 PUNNINO APPLICATION No S f 07 I01 7231 OUT

RESIDENTIAL DEVELOPMENT (OUTLINE) LANOTO THE NORTH OF SMITH AVEMS, WlSWaW * Representation Stt8 area = 6 8 ha Recommendation: Approve Subject to the Following Conditions:-

1. That before the development hereby permitted 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 layout of the site, all roads, footways, and parking areas; (c) the details of, and timetable for, the hard and soft landscaping of the site: (d) the provision of public open space; (e) provision of equipped play areas; (f) details for management and maintenance of the areas identified in (c), (d) and (e) above; (9) the phasing of the development; (h) the provision of drainage works; (i) the disposal of sewage; (j) details of existing trees, shrubs and hedgerows to be retained; (k) the design and location of all boundary walls and fences; and (I) the design and location of the noise bund and acoustic fencing; (m) the location of the culvert and accompanying no build zone. (n) the location of the access into the rear yard of the adjacent industrial building (0)details of existing and proposed site levels.

Notwithstanding the generalities of the above, full cognisance of the development brief for the Gowkthrapple masterplan area shall be incorporated within the proposals for the site and shall for the avoidance of doubt include such matters as roads infrastructure and the green network.

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

2. 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

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

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

4. That the site shall be developed in accordance with the Council's 'Developer's Guide to Open Space' in terms of the minimum space standards and space around dwellings and the provision of play facilities and shall comply with the Council's Guidance on parking provision for residential dwellings on the minimum basis of : Flatted dwellings- 1-2 bedroom- 1.5 spaces, 3-4 bedroom- 2 spaces, Houses: 1-2 bedroom dwellings- 2 spaces, 3-4 bedroom dwellings- 3 spaces, 5+ bedroom dwellings- 4 spaces. In addition unallocated parking shall be provided at the rate of 0.3 spaces for lay-bys in pairs and 0.5 spaces in shared surfaces.

Reason: To ensure the provision of satisfactory amenity space and parking provision for the dwellings.

5. Notwithstanding the requirements of Condition 1 above and before any works of any description start on the application site, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

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

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

7. That should six months elapse prior to the commencement of development on site, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. AS a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

8. That, the reserved matters application required under the terms of Condition 1 above, shall include details of the noise mitigation measures which for the avoidance of doubt shall be a 2 metre high, 7 metre wide acoustic bund as shaded GREEN on the approved plans, with a 2 metre high acoustic fence on top. Details of which shall be submitted to and agreed in writing by the Planning Authority prior to the commencement of development on site. Thereafter prior to the occupation of any dwelling within the site, a certificate signed by a chartered noise engineer shall be supplied in writing to the Planning Authority confirming that these works have been completed.

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

9. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotlandi and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP).

The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.

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.

10. That the SUDS compliant surface water drainage scheme required under Condition 9 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil

Engineer experienced in drainage works) shall be submitted to the Plannina" Authoritv, confirmina-- that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

11. 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 in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements.

12. That, the reserved matters application required under the terms of Condition 1 above shall include a flood risk report from a suitably qualified person and shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt this report shall:

(a) Clarify the approximations within the Flood Risk Assessment (February 2009) at the detailed planning stage with regards to culvert capacity of the Gowkthrapple Burn tributary. (b) Consideration for climate change in design flows. (c) Provision of flood relief cross sections and calculations to verify channel capacities are appropriate. (d) Confirmation that the sizing of the no build zone is to the satisfaction of the Flood Prevention Authority (FPA). (e) Provision of a topographical survey at the detailed planning stage to verify that the depression exists in proximity to Smith Avenue.

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.

13. That any flood mitigation works required under the terms of Condition 12 above, shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.

Reason: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding in the interests of public safety and amenity.

14. That in addition to the details submitted under the terms of Condition 1, the reserved matters application shall include a design statement for the entire site in accordance with PAN 68 and for the avoidance of doubt this shall provide details of the proposed site layout, scale and mix of housing, design details, materials and height of dwellings and landscaping and open space.

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

15. That notwithstanding the requirements of Condition 1 above, a high, quality visually attractive frontage and entrance feature shall be proposed at the site entrance, details of which shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of visual amenity of the site. Note to Committee

The decision notice will not be issued until the applicant enters into a Section 75 Legal Agreement relating to providing a financial contribution towards the regeneration of Gowkthrapple including roads infrastructure, a Green network and the construction of a Community Hub.

Background Papers:

Application form and plans received 22"d October 2007 Flood Risk Assessment and Drainage Strategy received February 2009 Strategic Road & Green Network Proposals received September 2008 Protected Species Survey received May 2008 Noise Assessment (Industrial) Report received January 2008

Letter from Scottish Environment Protection Agency received 14'h February 2008, 2"d October 2008, 27'h February 2009, and !jthMarch 2009 Letter from Scottish Water received 21'' February 2008 Letter from West Of Scotland Archaeology Service received 6'h December 2007 E-mail from SNH received 16'h April 2008

Memo from Local Plans Section received 14'h January 2008 Memo from Transportation received 30thJanuary 2008 Memo from Geotechnical Team Leader received lgthNovember 2007, 21'' November 2007, and 21" April 2009 Memo from Head Of Protective Services received 13'h November 2007, lothMarch 2009 Memo from Learning and Leisure Services received 13'h November 2007

Letter from G Hainey, Ryden LLP, 130 St Vincent Street, Glasgow, G2 5HF received 16'h November 2007 Letter from W Farren, Unit I, Block 1, Smith Avenue, Garrion Business Park, Wishaw, ML2 ORY received 31" October 2007. Letter from GCN (Scotland) Limited, C/o 139 Main Street, Wishaw, ML2 7AU received !jthNovember 2007

Southern Area Local Plan 2008

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01698 274106.

Date: 5th June 2009 APPLICATION NO. S10710172310UT

REPORT

1. DescriPtion of Site and Proposal

1.1 Outline planning permission is sought for a residential development on land to the north of Smith Avenue, Wishaw. The application site is predominantly level scrubland with some trees to the northern edge of the site. The remainder of the site is made up of land which will be gained by the partial demolition of the disused warehouse units within the Garrion business park. The site is bounded to the northeast by an elevated railway line, to the northwest by castlehill primary school and playing fields, to the southeast by Garrion Business Park and Woodgreen Court housing estate and to the southwest by 4 storey high local authority flats.

1.2 The application is accompanied by indicative plans, however it is envisaged that there will be changes required to the layout at the reserved matters or full planning stage given comments issued by our consultees. A Flood Risk Assessment and Drainage Strategy, Protected Species Survey, and Noise Assessment have been submitted in support of the application.

2. DeveloDment Plan

2.1 The site is identified as an Established Industrial Area (IND8) in the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 The Transportation Team Leader has no objection to the proposal subject to Conditions including, parking, access and visibility requirements.

3.2 The Geotechnical Section has commented that they would agree with all of the points raised in SEPAs memo of the 24'h February 2009. Geotechnical indicate that they require further information in relation to the no build areas and drainage relief channels. Geotechnical conclude that insufficient information has been provided to determine the application further.

3.3 Protective Services have indicated that the noise and vibration impact assessment and proposed remediation measures are acceptable. Protective Services have no objections to the proposed development subject to conditions relating to the requirement for a site investigation report and implementation of the noise and vibration remediation measures.

3.4 The Conservation and Greening Section recommend conditions relating to matters including, the need for a protected species survey, the use of appropriate landscaping and boundary treatments and options for drainage infrastructure.

3.5 Learning and Leisure Services have offered no objections to the proposed development as all primary pupils can be fully accommodated within their local schools.

3.6 SEPA have objected to the proposed application but are willing to remove their objection provided that conditions are attached to cover; clarification of the approximations within the Flood Risk Assessment (February 2009) at the detailed planning stage with regards to culvert capacity of the Gowkthrapple Burn tributary; consideration for climate change in design flows; provision of flood relief cross sections and calculations to verify channel capacities are appropriate; confirmation that the sizing of the no build zone is to the satisfaction of the Flood Prevention Authority (FPA); and provision of a topographical survey at the detailed planning stage to verify that the depression exists in proximity to Smith Avenue. In addition SEPA comment that as the development will drain foul and surface water to the public sewer confirmation on acceptance of flows should be obtained from Scottish Water. They also commented on separate consents required from them in terms of potential controlled waste disposal.

3.7 Scottish Water have offered no objections to the proposed development and have indicated that Camps water treatment works currently has sufficient capacity to service the development. Surface water drainage should be provided in accordance with a Sustainable Urban Drainage System (SUDS).

3.8 SNH have advised that they are content with the methodologies carried out in the protected species survey and therefore do not object to the application.

3.9 West of Scotland Archaeology Service comment that there are no known archaeological issues raised by the planning application.

3.10 Network Rail have no objections to the proposed development.

3.1 1 Following neighbour notification procedures, three letters of representation were received. One was received from a solicitor on behalf of GCN (Scotland) Ltd. The points of objection raised by GCN (Scotland) Ltd relate to the removal of one of their access points which they currently utilise and have a heritable right of access over, concerns regarding the potential for noise complaints resulting from the future residents as the business operates 24 hours a day with processes that can potentially generate a lot of noise, and concerns relating to the demolition of the existing boundary wall and its potential affects on the stability of the structure of their building.

3.12 The second letter of objection, received from Ryden on behalf of Record UK. The points of objection raised by Record UK were; the proposal is contrary to the development plan and is premature; the proposals fall well short of what is required for the Gowkthrapple area in terms of housing led regeneration; the proposals constitute “cherry picking” and would not provide the required planning regeneration; in terms of housing led regeneration the proposal does not address the full range of issues; the proposal fails to resolve the likely conflicts such as noise and disturbance between the proposed new housing and the existing industrial premises.

3.13 The third letter of objection, received from Farren Freights, an adjoining commercial neighbour, outlines concerns regarding the potential for noise complaints resulting from the future residents due to the 24 hour operations on site and concerns regarding road safety with regard to the increased number of pedestrians in the area should the development proceed.

4. Planninn Assessment and Conclusions

4.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies, which are the Southern Area Local Plan 2008. Policies lNDl (Industrial and Business Land Supply), IND8 (Established Industrial Areas), lNDl0 (Assessing Other Developments on Industrial and Business Land), RTL9 (Other Commercial Uses), HSG9 (Assessing Applications for Housing Development), ENV 3 (Vacant and Derelict Land), ENV4 (Contaminated Land), ENV9 (Flooding) and TR13 (Assessing the Transportation Implications of Development), together with other material considerations. 4.3 Policy lNDl states that the Council seeks to maintain a 10 year supply of marketable land for industrial and business development promoting, where possible, the re-use of vacant and derelict urban land. Where industrial and business land is identified as surplus to the area’s longer-term requirements, the Council will encourage its allocation to appropriate alternative uses. Policy IND 8 seeks to retain the existing character of such areas and supports their continued use where appropriate. The associated local plan text contained in paragraph 4.55 states that this policy also recognises that there may be circumstances where other uses may be acceptable within Industrial and Business Areas, or where redevelopment of a site for an alternative use may be appropriate. Policy INDIO requires a number of criteria to be considered including the following: the extent to which there is a surplus in the land supply for industry and business; whether there is a specific locational requirement for the proposal; and whether the redevelopment would lead to the re-use of vacant and under-utilised land. There are adequate alternative sites for industry within the area to meet current and projected future demand and in view that the site has remained vacant for a significant period of time, the proposed development will lead to the re-use of vacant and under-utilised land. The Gowkthrapple Master Plan has included this area of land for residential purposes. Notwithstanding this new allocation there is no requirement for the land to remain within an industrial allocation. It is also worth noting that the emerging NLLP shares this opinion and has allocated the site for residential purposes. Taking the above into account I therefore consider that the proposed use of the site for residential purposes would be in keeping with Policies INDl, IND8 and IND10.

4.4 Policy RTL9 states that within these areas, the Council will accept the continuation of such uses. While any changes of use or proposed new uses will be considered in light of the other policies contained within the local plan, particular regard should be given to their potential compatibility with surrounding land uses. In terms of the compatibility of the proposal with surrounding land uses, a noise assessment has been carried out and was found to be acceptable by the Pollution Control Team Leader, subject to appropriate mitigation measures. With this in mind, it is considered that the proximity of the development to the remaining industrial area is acceptable, therefore the principle of residential development on the site is acceptable.

4.5 Local Plan Policy HSG9 details criteria against which new housing sites will be assessed. These include: impact on the existing built and natural environment; risk of flooding; design and layout; landscaping, open space and play areas and provision of roads, access and parking. The site has adjoining residential areas to the south and southwest and it is considered that a residential development would be in keeping with the residential character of the adjacent area. It is considered that the existing character and amenity of the area will be enhanced. The site’s area of some 6.8 hectares will afford the opportunity for a large scale residential development. The proposal is in outline, thus layout and design details will be assessed through a reserved matters application. Conditions are proposed to ensure that any development approved meets the Council’s requirements in terms of design and its impact on the surrounding area. I am therefore satisfied that the development would accord in principle with Policy HSG9.

4.6 Policy ENV 3 encourages the re-use of vacant and derelict land, particularly within urban areas, through new uses as proposed by the current application. The proposal is in accordance with the terms of this policy.

4.7 Policy ENV4 is applicable to this proposal in view of the site’s industrial history. This policy requires developers to investigate the site conditions of any land which is known or suspected to be contaminated prior to a development being implemented. In this case the Protective Services Section are satisfied that the submission of a Ground Investigation Report can be covered by condition, it is therefore considered that the proposal fully complies with-the objectives of Policy ENV 4.

4.8 Policy ENV9 states that applicants provide a statement where a development is proposed in areas with a history of, or potential for flooding. This statement should identify measures to ameliorate the effects of flooding, both within and outwith the site. The applicants provided a drainage and flood risk assessment. The Geotechnical Team Leader has commented that further information will be required in line with the comments received from SEPA. SEPA has commented that, subject to specific planning conditions, relating to the submission of further details relating to culvert capacity, flood relief cross sections and confirmation of the sizing of the no build zone they have no objections. The application is in outline only and It is recommended that further detailed drainage information requires to be submitted with any reserved matters application. In addition, SEPA note that the development will drain foul and surface water to the public sewer and have advised that confirmation on acceptance of flows be obtained from Scottish Water. It is considered that this matter can be suitably addressed at the reserved matters stage and this matter is secured through the imposition of suitable planning conditions. I am therefore content that the proposal accords with Policy ENV9.

4.9 Policy TR13 sets out criteria for the Council to consider when assessing applications for development. These criteria include traffic generation and the impact of the development on road traffic circulation and road safety. The Transportation Team Leader has raised no objections. As the application is in outline, it is recommended that the requirements of the Transportation Team Leader be covered through the imposition of suitable planning conditions. The proposal is therefore considered acceptable when assessed with respect to policies TRI 3 and HSGl 1.

4.10 A material consideration in the assessment of the application is the emerging Finalised North Lanarkshire Local Plan (FNLLP). The site is zoned as HCF2A Promoting Housing Development and Community Facilities. Policies DSPl (Amount of Development); DSP2 (Location of Development); DSP3 (Impact of Development); DSP 4 (Quality of Development); and HCFIA Protecting Residential Areas and Community Facilities apply.

4.1 1 Policies DSP 1, DSP 2, DSP 3 and DSP 4 apply to all development proposals and cover the strategic nature of developments. The proposed development is for a residential development on a site zoned for residential purposes and it is therefore considered to accord with FNLLP policy. The proposed development is therefore considered to accord with the strategic nature of policies DSP 1, DSP 2, DSP 3, and DSP 4 of the Finalised North Lanarkshire Local Plan.

4.12 Policy HCF2A states that the Council will satisfy housing demand in the period up to 201 1 by additions to the Housing Land Supply. The site is zoned for residential purposes in the FNLLP and as such is considered to accord with policy HCF2A.

4.13 In terms of Protective Services comments in relation to the noise and vibration impact assessment, conditions are recommended which ensure that the mitigations measures specified be designed and included within the reserved matters application.

4.14 In relation to the comments received from Conservation and Greening, it is proposed to attach a suitable condition for the submission of an updated Protected Species survey and the submission of a landscaping scheme in association with the reserved matters application.

4.15 In terms of the comments received by Learning and Leisure Services, SNH, Network Rail, and West of Scotland Archaeology Service are sufficiently addressed.

4.16 With regards to the points of objection relating to noise and incompatibility of the proposed use, I would comment that although there are established industrial users within close proximity of the site, the applicant has provided sufficient information to satisfy Protective Services that any noise issues can be dealt with adequately by appropriate mitigation measures. In addition, as noted above, the site lies within an area where there is a range of uses, and this is reflected in the policy zoning of the site. Furthermore, the access and parking arrangements can be satisfactorily dealt with at the reserved matters stage. In relation to the removal of the secondary access, this will be addressed at the reserved matters stage as the applicant has agreed to incorporate the secondary access within the proposed layout. In relation to the removal of the existing boundary wall and its impact on the stability of the adjacent structure this is a legal matter between both parties and does not impact the decision of the council as planning authority. The proposed development is not considered premature given the zoning of the site in the NLLP and the aims of the Gowkthrapple detailed Master Plan and it is envisaged that the detailed application will fully address the full range of socio-economic and environmental issues for the site and surrounding area. Therefore it is considered that a residential development on this site is suitable and I cannot support the objector's concerns in this respect.

4.17 In conclusion, this outline residential application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance I am satisfied that justification exists for departing from the approved zoning of the site for industrial and commercial purposes. Following detailed assessment of the application, I consider that the proposed development is acceptable when considered against the relevant policies of the Southern Area Local Plan 2008 and Finalised North Lanarkshire Local Plan. The proposed development will positively enhance the landscape and visually improve the site and the conditions proposed can direct the development in a satisfactory manner. It is also worth noting that the site is heavily contaminated due to its previous use as industry. The proposed redevelopment of the site will have a very positive impact on the area and render the contaminants harmless whilst bringing a redundant site back into productive use. I therefore recommend that the application be granted subject to conditions. Application No: S/08/00567/FUL

Date Registered: 10th April 2008

Applicant: Daniel Lowdon 351 High Street Newarthill Motherwell MLI 5HR

Development: Change of Use from Storage & Distribution Yard (Class 6) to Vehicle Breakers Yard (Sui Generis)

Location: Yard 5 Cardean Road Mossend Bellshill ML4 IEF

Ward: 15 Mossend and Holytown: Councillors J Coyle, Delaney and McKeown

Grid Reference: 275026660615

File Reference: S/PL/5/63/GAR/GF

Site History: None Relevant

IND8 Established Industrial & Business Area) in the Southern Area Development Plan: Local Plan 2008

Contrary to Development Plan: No

Consultations: Health and Safety Executive (No Objection) Scotland Gas Network (Comments) Scottish Power (Comments) Railtrack Scotland (Commen ts) SEPA (No Objection)

Representations: No letters of representation received

Newspaper Advertisement: Advertised on 25th April 2008 Produced by Thn map IS repmducad tmm Ordnance Suwey matenal PLANNING APPLICATION No S I08 / 00567 / FUL Environmental Services vm the wmlsslon d North Lanarkshire Counnl Ordnance Swey on behalf Daklel Building dmeContmlbrdHerMarrNc CHANGE OF USE FROM STORAGE AND s.aimery Mfee 0 crow DISTRIBUTION YARD ( CLASS 6 )TO VEHICLE mpyrght Una!&?onvd reprOduChon inhngez Crown BREAKERS YARD ( SUI GENERIS ) mpyrlphtand may lsad b p-ytDn or CNIIpmedmps North Lamrkhire Council GATE 5,CARDEAN ROAD, BELLSHILL 105023388 m fax 01698 403053 Recommendation: Approve 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 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 for staff employed at the site.

(b) the provision of a turning facility within the site to allow for vehicles to enter and leave the site in forward gear.

Reason: To ensure adequate parking facilities within the site.

3. That before the development hereby permitted is occupied, 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.

4. That within the area indicated by the red line boundary on the approved plans, vehicles shall be stored no more than two high.

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

Background Papers:

Application form and plans received 1Oth April 2008

Letter from Health and Safety Executive received 12'h May 2008 Letter from Scottish Power received 2gthApril 2008 Letter from Scotland Gas Networks received 14thMay 2008 & 15'h May 2008 e-mail communication Scotland Gas Networks received 30" May 2008 Letter from SEPA received lgthJune 2008 & 21" April 2009 Letter from Network Rail received 2"dMay 2008

Memo from Head of Protective Services received 2"d May 2008 Memo from Traffic & Transportation Team Leader received 1" May 2008

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 274103.

Date: 5th June 2009 APPLICATION NO. S1081005671FUL

REPORT

1. DescriDtion of Site and Proposal

1.1 Planning permission is sought for a change of use of an industrial yard formerly used for storage and distribution of timber pallets to be used for the extension of a vehicle breakers yard to include end of life vehicle operation for the de-pollution and disposal of vehicles for recycling on land at Cardean Road, Bellshill.

1.2 The site currently contains a metal clad industrial shed and is partially covered with hard standing and has been levelled. The site area measures 0.44 ha and lies in an area characterised by industrial premises. The site is bound by two existing auto breakers to the north and south and the Mossend railway sidings to the west. Cardean Road forms the eastern boundary with vacant fields lying beyond.

1.3 The operation will employ 4 employees including the applicant and will consist of a storage yard (former pallet yard) and the use of an existing industrial shed 5.8 metres in height and with a floor area of 375 metres square. The shed is currently used for car repairs a use which will remain following the subdivision of the building. The applicant has also indicated that his operation involves the periodic use of a mobile bailer. The site is enclosed behind a 3 metre metal profiled fence which is in a good state of repair.

1.4 The site will be accessed via an existing yard gate which is 6 metres wide and currently accessed from Cardean road.

2. Development Plan

2.1 The site is designated IND8 Established Industrial Area in the Southern Area Local Plan 2008.

3. Consultations and Rewesentations

3.1 Scottish Power & Scotland Gas Networks have no objections to the proposal and have commented on the proximity of their apparatus.

3.2 The Transportation Team Leader raised no objections to the proposal and has provided comments on parking and site layout.

3.3 Protective Services have no objections to the proposal but have provided observations on noise and licensing arrangements. Specifically that the use of the completed development should not give rise to noise nuisance in terms of Section 79 of the Environmental Protection Act.

3.4 The Scottish Environment Protection Agency initially objected to this proposal but withdrew their objection following the submission of revised proposals for surface water treatment. SEPA are content with the applicants proposals subject to compliance with their requirements.

3.5 The Health and Safety Executive does not advise, on safety grounds, against the granting of planning permission in this case.

3.6 Network Rail has no objections to the proposal and has provided comments with regard to their operation. 3.7 No representations were received following neighbour notification or following a ‘bad neighbour’ advert placed in the Bellshill Speaker and Motherwell Times.

4. Planninn Assessment and Conclusions

4.2 The application site lies within an area designated IND8 Established Industrial and Business Area in the Southern Area Local Plan 2008. Policy IND 9 (Assessing Applications for Industry and Business Developments) and TR 13 (Assessing the Transport Implications of Development) are also considered relevant.

4.3 Policy IND8 seeks to retain the existing character of established industrial and business areas. In considering these criteria, the site lies within an established industrial area characterised by car breaking operations. In terms of the impact on the change of amenity of the area the proposed development of the site as a car breakers yard accords with the industrial zoning of the site and is considered to be acceptable. Introducing this type of operation into an existing industrial area will not give rise to a conflict with existing equivalent uses. Therefore, the proposal is considered to accord with IND8.

4.4 Policy IND 9 states that In assessing applications for industrial and business development the following criteria are considered:

0 The suitability to the character of the area within which it is set;

0 Detailed design elements such as building height, materials and positioning; and provision made for servicing, access, vehicle circulation, manoeuvring and parking.

The surrounding industrial properties vary in height and materials and have no amenity landscaping internal to their sites. Overall the proposal is considered to accord with the criteria of policy IND 9 given that it can be demonstrated that the absence of built form associated with the proposed change of use in extending an existing end of life vehicle operation will have no adverse impact on amenity of the surrounding area which is characterised by breakers yards and industrial development. Access, vehicle circulation, manoeuvring and parking will be considered in detail below.

Policy TRI 3 requires assessment of the proposal against criteria which include: the 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 the provisions made for access, parking and vehicle manoeuvring. The Transportation Team Leader raised no objections to the proposal and their comments on layout and parking provision can be suitably controlled by recommended condition if the application is granted. It is therefore considered that the development accords with policy TR13.

4.5 Protective Services raised issues of potential noise issues from the site and these will be dealt with under powers by virtue of the Environment Protection Act 1990.

4.6 The Scottish Environment Protection Agency has commented that the revised surface water drainage arrangements show that the applicant is able to provide the required level of water treatment. SEPA is satisfied that that the proposed site has the potential to be drained suitably without significant risks to the water environment and is capable of being authorised under the environmental protection regimes. Therefore the surface water management facilities will be assessed by SEPA at the CAR licensing stage.

4.7 In conclusion it is considered that the proposal accords with the local plan and no material considerations support the refusal of the proposal. The proposal accords with policies IND 9 and TR13 of the Southern Area Local Plan 2008. Overall the proposal is therefore considered acceptable. I therefore recommend that planning permission is granted. Application No: S/08/00817/FUL

Date Registered: 28th May 2008

Applicant: Margaret Ann Marshall 2 Greenwood Street Shotts ML7 4DN

Agent AMNeil Architects 72 Berkeley Street Glasgow G3 7DS

Development: Construction of Flatted Residential Development (Six Flats)

Location: Land Adjacent To 6 And 18 Kirk Road Shotts ML7 5ET

Ward: 12 Fortissat: Councillors Cefferty, McMillan and Robertson

Grid Reference: 287739659905

File Reference: S/PL/BF/l7/50/FM

Site History: 08/00346/FUL Erection of a Detached Dwellinghouse withdrawn 1 1th July 2008.

Development Plan: The site is identified as an Established Housing Area (HSG7) in the Southern Area Local Plan 2008.

Contrary to Development Plan: No

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

Representations: 6 letters of representation received.

Newspaper Advertisement: Not Required hdm 70 6 And 18 Kkk Rod, Shdh Recommendation: Approve 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 except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers 368 / 3A. 4A,5A, 6A, 8A and 9A.

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

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

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

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

5. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development. 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 ensure the provision of satisfactory site infrastructure and to prevent groundwater or surface water contamination in the interest of environmental amenity protection. .

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

Reason: To ensure that boundary features are of acceptable quality.

7. That before any of the flats are occupied, the fence, or wall, as approved under the terms of condition 6 above, shall be erected.

Reason: In the interests of the visual amenity of the 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 and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: In order to ensure that materials are visually acceptable in a local context.

9. That before the development hereby permitted is commenced, full details of the design and location of the proposed bin stores shall be submitted to and approved in writing by the Planning Authority.

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

10. That before the occupation of the first flatted property in the block hereby permitted, the bin stores associated with that block and approved under the terms of condition 9 above shall be built to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate bin storage facilities.

11. That before the dwellinghouses hereby permitted are occupied, 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.

Background Papers:

Application form and plans received 28'h May, 4'h September 2008, 13'h January and 14'h April 2009.

Memos from Transportation Team Leader received 7" July and 17'h October 2008. Memo from Head of Protective Services received 2CithJune 2008

Letter from Scottish Environment Protection Agency received 24'h December 2008 Letter from Scottish Water received 24'h June 2008 Letter from British Gas received 20thJune 2008 Letter from Scottish Power received 13" June 2008

Letter from Miss Joan Muir, 5 Hunter Place, Shotts, ML7 4EB received 13'h June 2008& Letter from Mr & Mrs Brown, 18 Kirk Road, Shotts, ML7 5ET received 8'h June and 17 September 2008. Letter from Dr Leary & Miss Ferguson, 6 Kirk Road, Shotts, ML7 5ET received gthJune, 8'h September and 22ndSeptember 2008 .

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19.

Date: 3rdJune 2009 APPLICATION NO. S1081008171FUL

REPORT

1. Description of Site and Proposal

1.1 Detailed planning permission is sought for the erection of a flatted residential development comprising of 6 flats on land adjacent to 6 and 18 Kirk Road, Shotts. The application site has lain vacant for a number of years and slopes down from north to south and is bounded by a single storey dwelling to the south, one and a half storey residential properties to the east, Shotts Community Education Centre and Calderhead Parish Church to the north and a strip of wooded area to the west.

1.2 It is proposed to utilise the private road Kirk Road to access the site. The proposed building is to be two stories in height and is designed to be contemporary in nature, finished in a combination of cast stone, render and smooth profiled roof tiles. Eight parking spaces are to be located to the front of the building and an additional 3 parking spaces are to be located on the opposite side of Kirk Road. The proposed materials to be utilised in the development comprise of smooth interlocking roof tiles, natural stone and smooth render. Amenity open space is to be located to the rear of the proposed flats. Following discussions, amended plans and elevations were submitted taking cognisance of the existing buildings adjacent to the block.

2. Development Plan

2.1 The site is identified as an Established Housing Area (HSG7) in the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 The Transportation Team Leader has raised no objections to the application subject to conditions relating to off street parking requirements, turning facilities and the provision of a 5.5 metre wide dropped kerb access.

3.2 SEPA raised no objections to the proposal given that the development will drain foul and surface water to the public sewer but advised that confirmation on acceptance of flows be obtained from Scottish Water. They also commented on separate consents required from them in terms of potential controlled waste disposal.

3.3 Scottish Water have raised no objections to the application and have confirmed that Technical approval can only be given following the granting of planning permission.

3.4 Scottish Gas and Scottish Power have raised no objections to the application.

3.5 Following neighbour notification procedures, six letters of representation were received. Three of the letters were from the residents of 6 Kirk Road, two were from the residents of 18 Kirk Road and one was from Shotts Calderhead-Erskine Parish Church of Scotland Congregational Board. The objections can be summarised as follows:

(1) The proposals constitute the overdevelopment of the site, leading to loss of privacy, overshadowing and over looking. (2) The underbuild associated with the development being 1.3 metres will have an overbearing impact on the objectors property as the development is to be less than 2.5 metres from the gable wall to gable wall. Car parking within the application site does not comply with the Councils standards of 165% provision. The addition of 3 spaces only serves to highlight the fact that this is overdevelopment of the site. Kirk Road is a rough track unsurfaced and totally inadequate to deal with construction traffic and traffic associated with the development. As part ownerjmaintainer of the road, the objector would not be willing to allow for access or to allow the upgrading of the road for a development of this size. The area of ground is currently used as an overflow car park for the Church. The noise associated with the development (post construction) would have a significant auditory impact on the area. It is considered that the proposal is contrary to Scottish Government Guidance “Designing Places” which encourages quality siting, landscaping and design which respects the local vernacular. In addition the proposals do not accord with PAN 72 “Housing in the Countryside” which states ‘small scale infill in existing small communities can bring economic and social benefits.. . planning authorities should generally seek to reinforce the building pattern of the existing settlement and ensure that new buildings respect and contribute to the areas architectural and cultural heritage’. The size of the footprint of the proposed building would leave little land for residential amenities contrary to the aims of SPP3. Local knowledge suggests that the site could be subject to the risk of subsidence and the application should be subject to a risk assessment to assess the validity of these claims. The only available watercourse to meet the requirements of SUDS is in front of the objector’s property and they have concerns that surface water in this area may undermine the foundations of the access road. The eastern boundary of the site is inaccurate as it encroaches onto land owned by 18 Kirk Road, Shotts.

4. Planninn Assessment and Conclusions

4.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies, which are the Southern Area Local Plan 2008 Policies HSG7 (Established Housing Areas), HSGS (Assessing Applications for Housing Development) and TR13 (Assessing the Transportation Implications of Development), together with other material considerations.

4.3 The application site is identified as an Established Housing Area, in the Southern Area Local Plan 2008 to which policy HSG7 applies. Policy HSG 7 indicates 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. It is considered that the proposed residential development will not adversely affect the amenity of the established housing area and that the flats, communal open space and associated parking is acceptable in principle, subject to its detailed assessment against Policies HSGS (Assessing Applications for Housing Development) and TR13 (Assessing the Transport Implications of Development).

4.4 Local Plan Policy HSGS (Assessing Applications for Housing Development) details criteria against which new housing sites will be assessed. These include: impact on the existing built and natural environment; risk of flooding; design and layout; landscaping, open space and play areas and provision of roads, access and parking. The site shape and adjacent dwellings renders it more awkward to place the various built elements, thus careful consideration has been applied to maximise development whilst still paying due accord to the site’s multiple frontages to Kirk Road. In terms of the impact on the environment, the roof of the flatted block is hipped and pitched and in combination with being recessed back slightly and located 4 metres from the gable walls of the adjacent dwellings it is considered that the environs can comfortably absorb the impact of a 2 storey flatted block within the streetscene. Careful consideration has been applied to the block in order to maintain an adequate window to window distance and ensure that no overshadowing occurs on the existing properties. The site reduces in level from north to south and this has allowed for a natural progression in the varying heights of the adjacent dwellings and the application site. Design features by way of windows with a vertical emphasis external stairs to the upper floors and opposing material finishes also seek to improve the appearance of the block. Cast stone is proposed in combination with smooth render and smooth profiled roof tiles, in order to create a visual link with the properties on Kirk Road. In order to achieve a strong design emphasis these features have been continued throughout the other flatted block. Although two stories in height it is considered that the scale and design of the proposals will not read as anomalous in urban design terms. The open space provided within the development excluding the parking areas accumulates to 245 square metres, which complies with the Council’s minimum standards of 20 square metres per bedroom. In addition, the amenity space has been linked in a cohesive manner to act as a softening mechanism to the built form. The parking areas are be located in 3 groupings, 5 spaces are to be located at the south eastern point of the site with 3 being located to the north east of the site. Following the submission of amended plans, an additional 3 spaces are to be provided on the opposite side of Kirk road, due west of the north western point of the site, giving a total of 11 spaces for the flats. In relation to privacy and amenity of the adjacent dwellings, the orientation of the block on the site results in any over shadowing being caused to fall within the communal open space area to the east of the block. The single storey dwelling to the south of the site, will be adequately protected as this dwelling is due south of the application site and will not be affected by the shadow caused by the development. In addition all windows associated with the flats are to be located on the principal elevations with no windows being located on the gables. In order to achieve the window to window distances, the windows un the upper floor in the section containing 4 flats are to be projecting bay windows facing south east into the site. Roads, access and parking are also considered under Policy TR13 and are discussed in detail in paragraph 4.5 below. In light of the above, the proposal is held to comply with policy HSG9.

4.5 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 circulationhoad safety and the provision made for access, parking and vehicle manoeuvring. The Transportation Team Leader has advised that Kirk Road is a private road and falls outwit the remit of the roads authority. In relation to the proposed number of parking spaces provided within the site, provision has been made for a total of 11 spaces which provides parking at the ratio of 180% in accordance with the Council’s requirements. In conclusion, taking into consideration the existing access arrangements and the private nature of the road it is considered that the proposals are acceptable in terms of the transportation requirements of policies HSG9 and TR13.

4.6 A material consideration in the assessment of the application is the Finalised North Lanarkshire Local Plan (FNLLP) and the site is zoned as HCFI Protecting Residential Areas. Policies DSPI (Amount of Development); DSP2 (Location of Development); DSP3 (Impact of Development); and DSP 4 (Quality of Development).

4.7 Policies DSP I,DSP 2, DSP 3 and DSP 4 apply to all development proposals and cover the strategic nature of developments. The proposed development is for a residential development on a site zoned for residential purposes and it is therefore considered to accord with NLLP policy. The proposed development is therefore considered to accord with the strategic nature of policies DSP 1, DSP 2, DSP 3, and DSP 4 of the Finalised North Lanarkshire Local Plan.

4.8 Policy HCFIA states that there will be a presumption against developments detrimental to the residential amenity of primarily residential areas. The proposed development is considered acceptable and will not have a detrimental impact on the residential amenity of the area given that it will infill a gap site within the existing residential area. The proposals are therefore considered to accord with policy HCFIA.

4.9 With regards to remaining consultation responses, a site investigation report requires to be submitted to demonstrate the mineral stability of the site, thus a condition will be imposed to cover this matter. Both construction noise and dust emission are matters controlled separately under Environmental legislation and have no bearing on the determination of this application. In response to the drainage issues raised by Scottish Water and SEPA it is recommended that a condition be imposed requiring written confirmation from Scottish Water that their requirements have been met. In terms of SEPAs further advice with regards to the disposal of controlled waste, these matters are controlled under separate legislation and have no bearing on the determination of this application.

4.10 In terms of the objections raised I would offer the following comments:

The suitability of the site and impact of the development on the adjacent dwellings has been discussed in paragraph 4.4 above. The gable wall of the building is to be located 4 metres from the gable walls of the adjacent properties in accordance with the Council's Guidelines on open space around dwellings. In addition the roof of the proposed block is to be hipped and pitched, further reducing its impact on the streetscene. Private parking in association with the development is set at 180% as per the requirements of the Transportation Team Leader as discussed in paragraph 4.5 above. The issue of Kirk Road and its use is a private legal matter between the parties involved. The applicant has demonstrated that they have a right of access over Kirk Road to gain access to the site. The area of ground may currently be used as an overflow parking area, however the owner of the site is entitled to apply for consent and this alone would not sufficiently warrant the refusal of the application. In response to the objection on the grounds of increased noise levels, it is considered that there will be no increase as a result of the proposed development, given that the development is residential in nature in a predominantly residential area. The quality, siting, landscaping and design of the development has been discussed in paragraph 4.4 above. Furthermore PAN 72 relates to rural areas and it is considered that the application site is urban in nature, allowing for a higher density of development. As discussed in paragraph 4.4 above, a total of 245 square metres of amenity space has been provided to meet the requirements of the Councils guidelines on open space. As detailed in paragraph 4.9 above, a mineral stability report will be required to be submitted as part of the requirements of planning conditions. Surface water will be required to be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland published by ClRlA 2000. Not all surface water is required to be discharged to a watercourse and this will be determined following the submission of additional information in respect of drainage, through the use of planning conditions. The applicant has demonstrated that the application site is under their control. Boundary disputes are classed as a legal issue between interested parties and not as a material consideration in the assessment of applications.

4. I1 In conclusion, the proposal will facilitate the development of a vacant site for beneficial residential re-use which is considered to accord with the Development Plan. The requirements of consultees can be suitably met through the imposition of conditions, thus I consider the proposal to be acceptable and hereby recommend that consent be granted. Application No: S/08/0094O/FUL

Date Registered: 19th June 2008

Applicant: J & K Henderson Bellside Road Cleland ML15NP

Agent W H Dickie 77 Hamilton Road Motherwell MLI 3DG

Development: Erection of Two Dwellinghouses

Location: Land West Of 24 Bellside Road Cleland MLI 5NP

Ward: 19 Murdostoun: Councillors McKendrick, Martin, Taggart and Shevlin

Grid Reference: 280579658364

File Reference: SIPUBF14123lFM Site History: 07/00803/FUL - Removal of Former Railway Embankment (in Partial Retrospect) Approved lothJuly 2007.

Development Plan: The site is identified as land forming part of the Green Belt (ENV6) in the Southern Area Local Plan 2008.

Contrary to Development Plan: No

Consultations: Scottish Natural Heritage (Comments) Scottish Water (Comments) British Gas (No Objections) Scottish Power (No Objections)

Representations: Six letters of representation received.

Newspaper Advertisement: Advertised on 2"dJuly 2008 I Produced by PLANNING APPLICATION No. S I08 I00940 I FUL North Lanarkshire Council Environmental Services, ERECTION OF TWO DWELLINGHOUSES

LAND WEST OF 24 BELLSIDE ROAD, CLELAND

Representation Site area = 0.15 ha. * tai 01698 274274 fax 01698 403053 Recommendation: Approve 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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers 847/06b, 847/03b and 847102a.

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

3. That before the dwellinghouses hereby permitted are occupied, a 5.5 metre wide dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

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

4. That a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

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

5. That before any of the dwellinghouses are occupied, three in-curtilage parking spaces shall be provided for each dwellingghouse.

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

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

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

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

8. That BEFORE any works start 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.

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

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

Reason: To ensure that boundary features are of acceptable quality.

11. That before any of the dwellinghouses are occupied, the fence, or wall, as approved under the terms of condition 10 above, shall be erected.

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

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

Reason: In order to ensure that materials are visually acceptable in a local context.

13. 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 application site, other than that expressly authorised by this permission.

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

14. That BEFORE the development hereby permitted starts, full details of existing and proposed site levels shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be constructed in accordance with the plans approved under the terms of this condition, unless otherwise agreed in writing beforehand by the Planning Authority.

Reason: In the interest of the amenity of the site and the general area by ensuring that ground levels are appropriate for the site. Background Papers:

Application form and plansjeceived 19th June 2008 Amended plans received 5 February, 30thApril, 26th May and 27'h May 2009.

Memo from Transportation Team Leader received 7" July 2008 Memo from Head of Protective Services received 3" July 2008 Memo from Landscape Services Manager received 1'' July 2008

Letter from Scottish Natural Heritage received 4th July 2008 Letter from Scottish Water received 3" July 2008 Letter from Scottish Gas received 3rdJuly 2008 Letter from Scottish Power received 3" July 2008

Letters from John Reid, 24A Bellside Road, Cleland, ML1 5NP received 25'h June 2008 and 2"' March 2009. Letters from Morag Montgomery, 248 Bellside Road, Cleland, ML1 5NP received 25'h June 2008 and 2"' March 2009. Letter from HBJ Gateley Wareing, 146 West Regent Street, Glasgow, G2 2RZ received 1st September 2008. Letter from Mr Howison, 4 Langbyres Road, Cleland, received 26'h June 2008.

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19.

Date: 8 June 2009 APPLICATION NO. S1081009401FUL

REPORT

1. Description of Site and Proposal

1.I Detailed planning permission is sought for the erection of two detached dwellinghouses on land to the west of 24 Bellside Road, Cleland. Single storey dwellings on a raised plateau bound the application site to the west, one and a half storey dwellings bound the site to the north, single storey dwellings bound the site to the east and open agricultural land adjoins the site to the south. The application site is level, however, following the removal of the formEr railway banking as approved under planning approval 07/00803/FUL granted on the 10 July 2007, the application site sits approximately 1.5 metres lower than the land to the south and west and level with the land to the east and north. 1.2 It is proposed to erect two, single storey dwellings with attic accommodation through the formation of wall head dormers on the site. One dwelling is to be located on the north western corner of the site fronting Bellside Road. The second dwelling is to be erected centrally at the rear of the site, whilst maintaining a degree of street frontage as a result of being off set from the dwelling to the front. It is proposed to gain access to the site through a shared access point on the north eastern corner of the site. Three off street parking spaces and a vehicular turning area are proposed for each dwelling. Each dwelling will measure 4.5 metres to the eaves and 8 metres to the ridge of the roof. External finishes proposed are a combination of smooth profiled concrete rooftiles, cast stone and render. Internal accommodation will consist of 4 bedrooms on the upper floor, 4 public rooms on the ground floor and a double garage.

2. Development Plan

2.1 The site is identified as land forming part of the Green Belt (ENV6) in the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 The Transportation Team Leader has raised no objections subject to the formation of a 5.5 metre wide dropped kerb access, the provision of a 2.5 metre by 90 metres visibility splay and the provision of 3 off street parking spaces per dwelling.

3.2 The Landscape Services Manager raised no objections to the application.

3.3 Protective Services have advised that a Site Investigation report is required.

3.4 Scottish Water have raised no objections to the application and have commented that both Swinstie and Daer Water Treatment Works currently have sufficient capacity to serve the development.

3.5 Scottish Natural Heritage, Scottish Power and Scottish Gas have raised no objections to the application.

3.6 Following the neighbour notification procedures and press advertisement, 6 letters of representation have been received. The residents at 24a and 24b Bellside Road, made representation on the original application and the amended drawings. The remaining 2 letters were received from the land owner to the south of the site and from a residential property on Langbyres Road. The objections can be summarised as follows: (1) Loss of daylight as the shadows from the proposed house will fall over the dwellings at 24a and 24b Bellside Road from early afternoon. (2) Overdevelopment of a restricted area. The proposed house will be overbearing compared to the stylelsize of the existing properties in the area. (3) The ground levels have not been cleared to the levels as previously agreed with North Lanarkshire Council. (4) No details on drainage have been submitted and the development should be the subject of a flood risk study as following the clearance of the site water drains from the field at the back of the site to the dwellings on 24a and 24b Bellside Road. (5) Adverse effect on privacy, as the dwellings overlook the adjacent dwellings. (6) Loss of the enjoyment of the rear garden area of 24a and 24b Bellside Road. (7) Concerns over the proposed boundary treatments of the site. (8) Concerns over the stability of the ground to the rear of the application site and concerns over the possibility of a localised landslide.

4. Plannina Assessment and Conclusions

4.2 It should be noted that the application raises no strategic issues. The application must therefore be assessed against the relevant development plan policies, which are the Southern Area Local Plan 2008 Policies ENVG (Green Belt), HSGIO (Infill Housing Development) and TR13 (Assessing the Transport Implications of Development), together with other material considerations.

4.3 Policy ENVG presumes against any development that will affect the character and function of the Green Belt, other than that directly associated with an appropriate rural use. Although the site has a Green Belt designation, its loss to development will not have a detrimental impact on the character and function of the wider Green Belt as the surrounding area is largely residential and the application site is currently a small gap site situated between existing houses along Bellside Road.

4.4 Local Plan Policy HSGlO (Infill Housing Development) details criteria against which new housing sites will be assessed. These include: the impact of the proposals on the character and amenity of the surrounding area; the dimensions of the site relative to the development and associated garden ground; effect on the infill on the garden space, privacy and sunlight received by surrounding properties; scale, materials, roof heightlpitch and window patterns, and the provision of vehicular access and parking arrangements. In the assessment of the proposals against Policy HSGIO it is considered that the dwelling at the front of the site has been sensitively located so as to minimise its impact against the adjoining dwellings. The difference in levels between the site and 24 Bellside Road, allows for a natural progression in the streetscape as the proposed dwelling would be no higher than 24 Bellside Road. In relation to the impact of this dwelling on 24a and b Bellside Road, it is considered that as the shared driveway is located between the two dwellings and as the building line is maintained, there will be no adverse effects on the privacy and amenity of this dwelling. Furthermore there are no windows proposed on the gable elevation that would give rise to concerns in connection with privacy and amenity. Provision is made for useable garden ground to the rear of the dwelling that complies with the Council’s Guidelines on Open Space around Dwellings. In relation to the dwelling that is proposed to be located at the rear of the site. Amended drawings have been received, detailing a minimum distance of 8 metres from the corner of the gable wall to the corner of the gable wall of 24b Bellside Road. In addition the rear of the house is located 8 metres from the boundary line of the garden ground of the same dwelling. The result is that the original concerns of overshadowing of garden ground have been reduced to a satisfactory level as adequate space is afforded between the dwelling and the rear garden ground and the roof of this section of the proposed dwelling is to be pitched. Furthermore the orientation of the proposed dwelling would mean that any overshadowing would be on the application site as opposed to the adjacent dwellings. In addition 1 am satisfied that there will be no issues with regards to overlooking or loss of privacy as the windows on the gable wall are on the ground floor and any concerns could be satisfactorily addressed through the erection of a fence/wall on this boundary. The garden ground associated with the house to the rear of the site, is irregular in shape, however the total area amounts to 245 square metres. Furthermore elevated open agricultural land bounds the site to the rear, allowing for a reduced depth rear garden. Through the use of a shared driveway, adequate provision is made for vehicular manoeuvring areas and off street parking for each plot. No details have been provided in terms of boundary treatments, however it is proposed to secure the submission of a scheme of boundary treatments through the imposition of a planning condition. Furthermore the proposed pallet of materials, comprising of smooth profiled tiles, cast stone and render are consistent with the area and as such raise no concerns. Roads, access and parking are also considered under Policy TR13 and are discussed in detail in paragraph 4.5 below. In light of the above, the proposal is held to comply with policy HSGIO.

4.5 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. The Transportation Team Leader has raised no objections to the application subject to conditions as detailed in paragraph 3.1 above. The requirements of the conditions can be achieved within the site and it is therefore considered that the proposals are acceptable in terms of the transportation requirements of policies HSGlO and TR13.

4.6 SPP 21 “Green Belts” states that there will be a strong presumption against inappropriate development in the Green Belt. The broad aim of national policy is to encourage development on suitable sites within settlements, avoid the coalescence of towns and restrict isolated development in the Green Belt except under certain circumstances. I do not consider that this particular application conflicts with any of these aims in that the dwellinghouses are to be located within an existing residential settlement and is therefore compliant with the aims of SPP21.

4.7 A material consideration in the assessment of the application is the Finalised North Lanarkshire Local Plan (FNLLP) and the site is zoned as HCFl Protecting ResidentialAreas. Policies DSPI (Amount of Development); DSP2 (Location of Development); DSP3 (Impact of Development); and DSP 4 (Quality of Development).

4.8 Policies DSP 1, DSP 2, DSP 3 and DSP 4 apply to all development proposals and cover the strategic nature of developments. The proposed development is for a residential development on a site zoned for residential purposes and it is therefore considered to accord with NLLP policy. The proposed development is therefore considered to accord with the strategic nature of policies DSP 1, DSP 2, DSP 3, and DSP 4 of the Finalised North Lanarkshire Local Plan.

4.9 Policy HCFlA states that there will be a presumption against developments detrimental to the residential amenity of primarily residential areas. The proposed development is considered acceptable and will not have a detrimental impact on the residential amenity of the area given that it will infill a gap site within the existing residential area. The proposals are therefore considered to accord with policy HCFlA.

4.10 With regards to the remaining consultation responses, a site investigation report requires to be submitted to demonstrate the mineral stability of the site, thus a planning condition is proposed to be imposed to cover this matter. In response to the drainage issues raised, it is considered appropriate that a condition be imposed requiring the submission of the finalised drainage proposals as the site falls outwith the SEPA Flood Maps areas. In addition, it is proposed to impose a condition that written confirmation from Scottish Water be received confirming that their requirements have been met, prior to the start of works on site.

4.11 In terms of the objections raised, I would offer the following comments:

Following the submission of amended plans, it is considered that there is sufficient distance between the dwellings in order to alleviate any loss of light as a result of the development as discussed in paragraph 4.4 above. It is acknowledged that the site is long and narrow, however it is considered that the proposed dwellings have been located in a manner that reduces their impact on the adjacent dwellings. Furthermore, the garden ground associated with the dwelling to the rear of the site is irregular in shape, however the combined figures of useable garden ground exceeds the Council’s Guidelines on Open Space. It is noted that there are discrepancies between the levels approved under the terms of consent no. 07/00803/FUL, however, the application, as submitted, requires to be assessed prior to action being taken in respect of an alleged breach of planning control in relation to the previous consent. The levels are considered to be acceptable in respect of this application. Drainage proposals have been detailed on the drawings submitted for the site. Furthermore the application site lies outwith the SEPA Flood Risk Maps and, in accordance with the SEPA Consultation Protocall, it is proposed to attach a planning condition to the consent requiring the submission of finalised drainage details, prior to the start of works on site. Privacy, amenity and the effect on the adjoining garden ground has been discussed in paragraph 4.4 above, where it has been concluded that any effects will be minimal. The submission of boundary treatments including retaining walls is proposed to be covered by a suitable planning condition requiring the submission of a scheme prior to the start of works on site, and the completion of the approved scheme prior to the occupation of the dwellings. Ground stability is to be addressed through the use of a planning condition requiring the submission of a ground investigation report. Furthermore, additional information is to be secured via planning conditions in relation to the erection of walls and retaining walls in the site.

4.12 In conclusion, the proposal will facilitate the development of a vacant site for beneficial residential re-use which is considered to accord with the Development Plan. The requirements of consultees can be suitably met through the imposition of conditions, thus I consider the proposal to be acceptable and hereby recommend that consent be granted. Application No: S/08/01076/FUL

Date Registered: 4th August 2008

Applicant: Mr & Mrs K Morrison 19-21Maryville View Uddingston 071 6NT

Agent The John Russell Partnership Anderson House Dundyvan Road Coatbridge ML5 IDB

Development: Mixed Development including Reorganising the Existing Residential Caravans and Addition of 6 No. Caravans, Relocation of the Vehicle Repair Workshop and Construction of 2 No. Dwellings

Location: Land At 19-21 Maryville View Uddingston

Ward: 13 Thorniewood: Councillors Burrows, McCabe and McShannon

Grid Reference: 268748 662192

File Reference: S/PL/B/9/71/GA

Site History: P/58/1180 - Use of land as a residential caravan site together with the erection of toilet accommodation, granted 13 November 1959. 280/93/OUT - Erection of Dwellinghouse and Extension of Caravan Park, granted 26 August 1993. 03/00863/OUT Erection of Dwellinghouse granted 22"' October 2003. 04/00130/OUT Residential Development refused 4'h August 2004. 04/02222/OUT Residential Development (in the form of 9 House Plots) refused 27'h February 2006. 06/01281/REM Erection of Dwellinghouse (Reserved Matters for Planning Permission S/03/00863/OUT) granted 1!jth September 2006. 07/00822/OUT Mixed Development Comprising 21 Residential Caravans, 2 Dwellinghouses, Workshop & Landscaping (In Outline) Refused 23" July 2007

Development Plan: Designated in the Southern Area Local Plan (Deposit Version 2008) as ENV6 (Green Belt)

Contrary to Development Plan: Yes

Consultations: Transport Scotland (no objections) Scottish Environment Protection Agency (no objections) Scottish Water (no objections) British Gas (comments) Scottish Power (comments)

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 14th August 2008

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

3. That any remediation works identified by the site investigation required in terms of Condition 2 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

4. That BEFORE any works start 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.

5. That BEFORE any works start 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). Drainage from the following sources must be connected to the public foul sewer in accordance with the requirements of Scottish Water:-

a) Domestic sewage; b) Any trade effluent such as vehicle wash bay drainage; and c) Drainage from workshop floors and other surfaces which may be prone to contamination. Where applicable, advice contained within the following Pollution Prevention Guidance Notes should be followed :- PPG08 : Storage and Disposal of Used Oils PPG13 : High Pressure Water 8, Steam Cleaners PPGlO : Garages and Vehicle Service Centres.

If surface water arising from non-high risk areas on the site cannot be taken to the public sewer, then 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.

6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution

7. 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. a. That before the dwellinghouse hereby permitted, is occupied, the fences, or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

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

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

10. That before the maintenance shed is brought into use or either of the dwellinghouses occupied: (i) The roadway to serve that facility shall be constructed as shown on the approved plan. (ii) 2 car parking spaces shall be provided within the curtilage of each dwellinghouse plot and outwith the road or footway, and thereafter shall be maintained as parking spaces (iii) That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided shall be provided from the access on to Maryville View and nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

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

11. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to. and amroved in writina bv the Plannina Authoritv. and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, 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 detailed schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

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

12. That all works included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed in accordance with the approved schedule, 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 hereby permitted, shall be replaced within the following year with others of a similar size and species.

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

13. That notwithstanding the generalities of Condition 10, the landscaping scheme shall include nativellocal origin species andlor ornamentals beneficial to wildlife and species-rich hedges.

Reason: In the interests of visual amenity and biodiversity.

14. That except as may be otherwise agreed in writing by the planning Authority, the development shall be implemented in accordance with drawing numbers H522-01A & H522-02A

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

15. That before the amended caravan park layout is brought into use;

(i) The roadway to serve that facility is constructed as shown on the approved plan. (ii) Provision for one parking space shall be provided with each caravan plot. (iii) That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided shall be provided from the access on,to Maryville View and nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

16. That within 3 months of the proposed workshop being brought into use, the existing workshop shall be demolished and the area cleared of all building materials to the satisfaction of the planning Authority.

Reason: To restrict the development to one facility of this type in the interest of amenity.

17. That within 3 months of the second dwelling house being occupied, the existing dwelling house, No. 21 Maryville, shall be demolished and the area cleared of all building materials to the satisfaction of the planning Authority.

Reason: To restrict the development to two dwelling houses, in the interest of amenity.

18. That BEFORE any of the dwellinghouses hereby permitted a 2.5m close boarded acoustic barrier with boards of 15ml thickness, or equivalent shall be erected along the boundaries marked green on the approved plans. Reason: To safeguard the residential amenity of the area.

19. That no open air storage of industrial materials shall take place within the application site.

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

Background Papers:

Application form and plans received 17th July 2008

Letter from British Gas received 19th August 2008 Letter from SEPA received 8" September 2008 Letter from Scottish Water received 28'h August 2008 Letter from Scottish Power Energy Networks received 26'h August 2008. Memo from Transport Scotland received 5" September 2008 Memo from Head of Protective Services received 17'h September 2008. Memo from Transportation Team Leader received 7'h October 2008 Memo from Head of Land Services received 30thSeptember 2008 Letter from John Russell Partnership received 17" July 2008 Letter from North Lanarkshire Council sent 2ndSeptember 2008 Letter from North Lanarkshire Council sent 15" October 2008

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 274103

Date: 5th June 2009 APPLICATION NO. S/08/01076/FUL

REPORT

1. Description of Site and Proposal

1.1 This application has been submitted to achieve environmental improvements on the existing Maryville caravan site by restructuring the current layout in the northern part of the site and relocate all residential development to the south comprising an existing dwellinghouse and two new build dwellings. The applicant also proposes a new build workshop in the southern part of the site to replace an existing workshop presently in the northern part of the site which is currently in a poor state of repair. The application proposes to increase the number of existing residential caravans on the site from 15 to 21 units. Consent currently exists in the northern part of the site for a dwellinghouse (S/06/01281/REM) and it is intended that this permission will be superseded by the relocation of proposed development to the south of the site. The existing derelict house at 21 Maryville View will be demolished and replaced by a new dwelling further south in the site. This proposal will also result in no net increase in dwellinghouses within the total site when the extant consent is taken into account.

1.2 The application site is a 1.6 ha area of land at 19-21 Maryville View, Uddingston which runs in a southerly direction from Maryville View toward Glasgow Road. The majority of the site is level with the exception of the southernmost third of the site which drops steeply toward Glasgow Road. The site is bounded on the eastern, southern and western edges by mature trees and bushes which offer screening and limited noise protection from the nearby M73 motorway. The site is bounded to the north by Newlands Farm, to the east by two dwelling houses at 25 & 27 Maryville View, to the south by open space adjoining Glasgow Road, and to the west by the M73 motorway.

1.3 The existing site is partly run as a residential caravan park, accommodating 15 caravans where the units are utilised on a long term residential basis. The caravans are located within the centre of the site, while the remainder accommodates two houses, a large workshop and rough open space. The applicant lives at 19 Maryville View which is located immediately south of the caravan park and is in a well maintained condition. The second house at 21 Maryville View, is located at the north west corner of the site and is in a derelict condition. Immediately east of this lies a large workshop which is used for vehicle repair purposes. Rough open space is located sporadically through the Caravan Park and northern part of the site and is more concentrated on the southernmost third of the site. There are two vehicular accesses to the site from Maryville View, one exclusively for the applicant’s home and the other for the caravan site. The land to the south of the applicants’ dwelling consists of a large area of hardstanding which is currently used to store a number of vehicles and materials.

2. Development Plan

2.1 The site is covered by Policy ENV 6 (Green Belt) in the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 SEPA has no objections to the proposals subject to the development being connected to the public sewer.

3.2 Scottish Power and Scottish Gas/Transco do not object subject to any developer having due regard to their services. 3.3 The Director of Transport Scotland Trunk Roads Network Management Directorate does not propose to advise against the granting of permission.

3.4 Scottish Water has no objections to the development. They state that the sewer network assets have adequate capacity to accommodate this development and their general preference is for a SUDS based surface water drainage scheme. They also note that there are issues within the water network which may require dialogue between themselves and the developer.

3.5 The Transportation Section advise that they have no objections to the application subject to conditions covering visibility splay, access and parking provision.

3.6 The Head of Protective Services has advised that a desktop study of the site should be prepared addressing potential aspects of contamination. Similarly this residential development is likely to be affected by noise from road traffic, and repair activities. A noise impact assessment was requested and confirmed competent by the Head of Protective Services. Mitigation measures were dealt with by rearranging the internal layout of the upper floor on the affected property and by recommending an attenuation fence between the motorway and the lower floor.

3.7 The Conservation and Greening Manager has no objection to the development subject to recommendations on the removal of Japanese Knotweed and landscape enhancement supporting biodiversity.

3.8 Following neighbour notification and advertisement in the local press no objections were received.

4. Planninn Assessment and Conclusions

4.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application is not of strategic significance given its purpose to rationalise a disordered site by relocating proposals which were previously considered acceptable by virtue of existing permissions or established uses and can therefore be assessed in terms of be assessed against the Southern Area Local Plan 2008.

4.2 The site is covered by Policy ENV6 (Green Belt) Policies HSGI 1 (Housing in the Green Belt and Countryside) IND 9 (Assessing Applications for Industrial Business Development) and TR13 (Assessing the Transport Implications of Development) are also relevant to consideration of this application.

4.3 The site is zoned Green Belt (ENV6) where there is a general presumption against residential development unless there is a proven operational need, and/or where the development would not adversely affect the character and function of the Green Belt. Outline consent for one dwelling house was granted on the 22ndOctober 2003 with reserved matters for the details granted on the 15" September 2006. This permission remains unimplemented and has now lapsed. It is proposed to relocate the house's position to the southern area of the caravan site. Also, it is proposed to demolish an existing derelict property and relocate it within the existing caravan site consolidating both dwellings into one cohesive area of the caravan site adjacent to the existing dwelling. It is also proposed to demolish an existing workshop in poor condition and construct a new workshop adjacent to the existing and proposed houses. It is considered that the relocation of two houses and a workshop on this site would not adversely affect the character and function of the Green Belt by virtue of the level of development which has been authorised to date. This area of Green Belt is currently characterised by rough open space and mature trees and bushes which are punctuated by the siting of a small residential pocket of four houses, which have developed incrementally. The location for the proposed houses will lie just beyond this residential pocket and will therefore be viewed in association with the existing built form. The scale and design of the dwellings can further be controlled through conditions, and negotiation has resulted in obtaining a more traditional built form to ensure that the dwelling is complementary to its surroundings in the interests of the visual amenity of the area. The mature planting which denotes the site's boundary should remain largely unaffected and will aid the screening of the relocated buildings. It is considered that the proposed development at this site would not adversely affect the character and function of the Green Belt.

4.4 In terms of the function of the Green Belt in controlling the growth of built-up areas and the merging of settlements, and preserving landscape character, it is considered that the scale and nature of the proposal does not constitute isolated and sporadic development as it will be viewed in association with existing dwellinghouses and the caravan park. Furthermore, the site can only be viewed from its access with Maryville View and thus the strategic visual character of the Green Belt consisting mainly of mature planting, will still be enjoyed. Finally, in the interests of consistency, it is important to acknowledge that consent has been granted for the erection of a house and established use exists for the workshop. It should also be noted that the reorganisation of the site will result in the demolition of an existing dwelling house to be replaced by a new dwelling and the relocation of a proposed dwelling already granted permission. There is effectively no net gain in the number of dwelling houses on the site and as such this application represents the reorganisation of buildings within an existing planning unit with the site boundary of the existing permissions remaining unaltered. The proposal accords with Policy ENVG.

4.5 HSGll 'Housing in the Green Belt and Countryside', provides a list of criteria which the Council will take into account in determining applications of this nature, including assessment against a proven operational need for dwellings on this site; the visual prominence of the site; the compatibility of the design to a rural location; the incorporation of traditional design features and finishing materials; and provision for vehicular access and site drainage. The principle of residential development has been established by virtue of previous consents supporting the rationalisation of the entire site. This proposal is not attempting to re-establish the principle of specific locational need which has already been assessed in the granting of existing permissions. In considering visual intrusion the site can only be viewed from its access with Maryville View once the site has been entered and thus the strategic visual character of the Green Belt consisting mainly of mature planting, will still be enjoyed. In addition, it is considered that the relocation of two additional houses on this Green Belt site would not adversely affect its immediate character and function. The proposal complies with HSG 11.

4.6 Policy IND9 (Assessing Applications for Industrial and Business Development) seeks to provide guidance on the circumstances where development may be appropriate on sites outwith established industrial and business areas or on sites that do not form part of the land supply for industry and business. The Council requires to be satisfied that development would not prejudice the uptake of recognised sites. In this instance the applicant intends to demolish an existing workshop and erect a new one within the same site boundary thus having no impact on the industrial land supply. Similarly development proposals outwith Established Industrial and Business Areas require to be considered against their wider environmental impacts. The purpose of this application is to rationalise a disordered site by relocating proposals which were previously considered acceptable by virtue of existing permissions or established uses. This development would therefore not result in an unacceptable impact on the character of the surrounding area. The proposal therefore complies with policy IND 9.

4.7 Policy TR13 (Assessing the Transportation Implications of Development) requires that an assessment of the level of traffic generated from the proposal: the impact of the development upon the road network and the provision in relation to access and parking. As indicated at paragraph 3.3 the Transportation Team Leader raised no objections to the proposal and has provided comments on access provision which can be suitably controlled by recommended conditions. The Transportation Team Leader has advised that the site represents an intensification of the use of the site. While it is proper that transportation design standards should support the overall locational policies in the development plan and should be adapted to particular local circumstances, it is considered that this proposal does not represent an intensification of the current use. In this particular case a significant reduction in the level of traffic using this part of the site with segregation from the caravan site being proposed and the layout in its current form is therefore considered acceptable. It is considered that the development accords with policy TR13.

4.8 In terms of the consultation responses from Protective Services, Transportation, Conservation and Greening I am satisfied that their requirements may be discharged by recommending suitable conditions.

4.9 National Green Belt policy as set out in SPP2l (Green Belt) states that there should be a general presumption against inappropriate development in the designated Green Belts. This policy also sets out the purposes of Green Belts, which include establishing a clear definition of settlement boundaries and maintaining the landscape setting of towns and to direct planned growth to the most appropriate locations and support regeneration. Similarly SPPl "The Planning System" aims to ensure that development and changes in land use occur in suitable locations and are sustainable. It indicates that, in particular, planning should encourage sustainable development by promoting the use of Brownfield land and minimising Greenfield development. This development represents the rationalisation of an existing function and is therefore supported by National Policy SPP21 (Green Belt).

4.10 A material consideration in the assessment of the application is the North Lanarkshire Local Plan (NLLP) (Finalised Draft 2008). The site is zoned as HCF 3B (Promoting Sites for Housing Development-Proposed additions to Established Housing Land Supply (HLS) (2006) in which there is a presumption in favour of developments listed in schedule HCF3B. Maryville caravan site is on this schedule. Policy DSP2 (Development Strategy Policy 2 Location of Development) is also relevant, here the policy states potential additions to the planned land supplies may be granted permission if they consent with the plans locational criteria. The proposed development will have very little impact on the character of the existing caravan park given that the proposal represents the rationalisation of existing function and built form. Therefore the proposal is considered to comply with policies HCF 1 and DSP2 of the North Lanarkshire Local Plan and significant material weight should be accordingly proportioned.

4.1 1 In conclusion, it is considered that the development accords with policy ENV6 and HSG 12 as it would not result in an unacceptable development in the Green Belt, representing the rationalisation of an existing site. Similarly the development accords with policy IND9 for reasons of existing use being established. The development also accords with policy TR13. I therefore recommend that the application is granted subject to conditions. Application No: S/09/00103/FUL

Date Registered: 2nd February 2009

Applicant: Tesco Stores Ltd Clo Agent

Agent DPP LLP The Hatrack 144 St Vincent Street Glasgow G2 5LQ

Development: Erection of a Petrol Filling Station

Location: 12 North Road Bellshill ML4 IEN

Ward: 15 Mossend and Holytown: Councillors J Coyle, Delaney and McKeown

Grid Reference: 273341660323

File Reference: SIP L/AMCL/GF

Site History: 0 S/05/00502/FUL Erection of a 7,687 square metres Class 1 Superstore, Incorporating Car Parking, Access, Landscaping, Upgrade of Existing Roundabout & Associated Works - Granted 28th December 2006 0 S/08/01130/FUL Erection of 10685 sqm (Gross) Superstore with Mezzanine (Class l), Decked Car Park, Petrol Filling Station, Access, Landscaping, Upgrading of Existing Roundabout, Demolition of Foodstore to Form Car Park and Associated Works -Withdrawn 2nd February 2009

Development Plan: Southern Area Local Plan 2008 zoned as RTLl Retail Development Opportunities Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (Conditions) British Gas (No objection) Scottish Power (No objection)

Representations: One letter of representation received

Newspaper Advertisement: Not Required PrCdUoed bv PLANNING APPLICATION No. S / OQ /00103/FUL Nodh Lanarkshire Caunul ERECTION OF PETROL FILLING STATION

12 NORTH ROAD, BELLSHILL Representation Site area = 0.30 ha.

I Recommendation: Approve 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 is brought into use, full details of the facing materials to be used on all external walls, canopies and screened refuse areas shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

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

3. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 1004(PFS)001A, 1004(PFS)002A, 466402/22 and 466402/23.

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

4. That before the development hereby permitted is brought into use, the improvements at the existing roundabout at Campbell Street/North Road/Gartcosh Walk consented under application ref. 05/00502/FUL shall be completed in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority and to the satisfaction of the planning authority.

Reason: To ensure appropriate access to the development.

5. That deliveries to the site shall be restricted to between 0800 and 2000 hours, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of the amenity of residents in houses adjacent to the site.

6. That before the development hereby permitted is brought into use all the forecourt and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in the materials shown on the approved plans, and shall, thereafter, be maintained as forecourt and manoeuvring areas.

Reason: In the interests of traffic safety.

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

8. That BEFORE the development hereby permitted is brought into use, a revision to the scheme of landscaping submitted for application ref. 05/00502/FUL shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interest of the amenity of the site and the general area. 9. That the details of any external lighting to serve the approved development shall be submitted to and approved by the Planning Authority prior to the commencement of such lighting works.

Reason: In the interests of road safety and visual amenity,

10. That before the development hereby permitted is brought into use, the existing vehicular access to the north of 10 North Road shall be replaced with a footway crossing to the specification of the Roads Authority and to the satisfaction of the Planning Authority.

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

Background Papers:

Application form and plans received 2ndFebruary 2009

Letters from Scottish Environment Protection Agency received 3" & Cith March 2009 Letter from British Gas received 13th February 2009 Letter from Scottish Power received 26'h February 2009 Memo from Transportation Team Leader received 23" March 2009 Memo from Head Of Protective Services received 19Ih March 2009 Memo from Geotechnical Team Leader received 16'h April 2009

Letter from Miss T. Hainey, C/o Mclnally Associates Ltd, 6 Newton Place, Glasgow, G3 7PR, received February 2009

Any person wishing to inspect these documents should contact Mr Alistair Maclean at 01698 2741 05.

Date: 5th June 2009 APPLICATION NO. S/09/00103/FUL

REPORT

1. Description of Site and Proposal

1 .I This application is for the erection of a Petrol Filling Station on land to the north of 10 North Road, Bellshill. This development proposes 4 pump stations, tanker fill facilities, a kiosk and an Air and Water point. The site previously contained the unit formerly occupied by Iceland and Kwik Save. Planning consent was granted to Tesco Stores Ltd. in December 2006 for a superstore with associated access and parking on a site to the rear of Main Street, Bellshill. The approved plans associated with that development proposed that the site of this application would be part of the car park for the Tesco store.

1.2 The site slopes gradually from north to south. It is separated by the present access to the former Iceland, Kwik Save, Calcarb and Consarc from one house at No. 10 North Road. The Filling Station would be located between North Road and the new access to the consented superstore which will lead to an enlarged roundabout at North Road / Campbell Street / Gartcosh Walk. To the south of the application site lies a house at No. 10 North Road, beyond which are mainly commercial premises. To the west, across North Road, is a landscaped area beyond which are houses at Flanigan Grove which sit at a lower level. The present Shell Filling Station lies to the south west of the site. To the north, across Campbell Street, are houses at Huntly Avenue which also sit at a lower level. To the east were the recently demolished properties of the former Iceland, Kwik Save, Calcarb and Consarc, the site of which will be developed as the above-mentioned Tesco superstore.

2. Development Plan

2.1 The site is zoned as Policy RTL 1 (Retail Development) in the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 The Scottish Environment Protection Agency originally objected to the application as the application form had stated that the site would be drained to a septic tank. Confirmation was received that this was an error and SEPA have now withdrawn their objection. SEPA state that the filling station requires to be authorised under the Pollution Prevention and Control (Scotland) Regulations and that good practice should be followed to regard to prevent pollution from any stored chemicals or oil. SEPA also advise with regard to pollution prevention with regard to construction works and the potential for contamination on site.

3.2 British Gas and Scottish Power have no objections to the development but advise that the developers contact them in order to ensure protection of their underground services.

3.3 The Transportation Team Leader has no objection to this development.

3.4 The Head of Protective Services requested a Noise Survey as the development may give rise to noisehibration problems at sensitive properties due to vehicle movements, fuel deliveries and use of the tyre inflator. He has no comments to make on the report.

3.5 The Geotechnical Team Leader has no objections to the development.

3.6 One letter of objection was received on behalf of the occupier of No. 10 North Road. The letter states that residential amenity will be affected by traffic movement, noise, disturbance from car doors, tankers and fumes from the fuel 24 hours a day. In consideration of the consent for the superstore (application 05/00502/FUL) the Council expressed concern about amenity to the properties on Emma Jay Road and the same concern should be applied to the assessment of this application. The consented superstore application allocated this site for car parking and, while it would be available on a 24-hour basis, it would most likely not be used late at night or in the early hours of the morning because of the distance from the proposed superstore. If the Council is minded to grant planning consent it is recommended that conditions should be imposed to: reduce hours of operation, control noise levels emanating from the filling station, and consider the need for sound insulation. Full details of the landscaping, boundary treatment and finishing materials should be submitted for approval prior to works commencing on site. Traffic impact and noise assessments should also be submitted in support of the application.

4. Planning Assessment and Conclusions

4.2 The site is zoned as Policy RTL 1 (Retail Development) in the Southern Area Local Plan 2008. Policies RTL2 (Improvement of Shopping Facilities), RTL5 (Town Centre Areas) and TR13 (Assessing the Transport Implications of Development) are also relevant to the assessment of this application.

4.3 Policy RTLl seeks to enhance retail provision within the Plan area by:- supporting major retail development (over 2,000 square metres gross) within or adjoining the established Town Centres of Motherwell, Wishaw and Bellshill, as defined by Policy RTL5. The consented development of the superstore accords with this policy. This application is for a use that may be considered ancillary to the development of the superstore thus part of the overall commercial provision of Bellshill Town Centre, therefore the proposal accords with Policy RTLl.

4.4 Policy RTL2 seeks to improve the character of existing shopping facilities by, inter alia, supporting the provision of associated facilities. This application is for an associated facility therefore the proposal accords with Policy RTL2.

4.5 Policy RTL5 seeks to protect and enhance the retail and commercial function of town centres by identifying and promoting the town centre development opportunities outlined in Schedule RTLl, among other things, therefore this proposal accords with this policy.

4.6 Under Policy TR13, when determining applications for new development, the Council will consider, amongst other things, the level of traffic generated and its impact on the environment and adjoining land uses, the impact of the development on road traffic circulation and road safety, and the provisions made for access, parking and vehicle manoeuvring. The development of a filling station on this site is ancillary to the development of the superstore on the adjacent site. Access to the filling station is proposed from the new access to that superstore and no access is proposed from the existing road network. The Transportation Team Leader has not objected to this development. This proposal therefore accords with this policy.

4.7 The North Lanarkshire Local Plan Finalised Draft is a material consideration, however the zoning and policy position remain unchanged.

4.8 The Head of Protective Services has considered the noise and vibration survey and has no comments to make on the report. 4.9 With regard to the letter of objection, the objector’s house is adjacent to the proposed filling station, however, the nearest point of any activity, other than vehicles driving past, is 35 metres from the gable wall of the house. The kiosk and the air and water station will be situated at the northern end of the development, over 50 metres from the house. A noise survey was submitted which showed that the noise levels from the Filling Station are below the guidance noise levels during both daytime and night time period. With regard to tanker deliveries the report recommends that these are restricted to daytime hours only. Further to the suggestions in the objector’s letter about restricting hours of operation, the applicant has applied for a 24- hour filling station. The Head of Protective Services has not raised this as an issue and, given that the use of the petrol station is likely to be minimal during ‘unsociable’ hours and that the superstore will be open 24 hours, I do not feel it is appropriate to restrict the hours of opening. With regard to the need for sound insulation, the noise report does not raise this as an issue. The noise assessment recommends that tanker deliveries are restricted to 0700 to 2300 hours and I recommend that a condition further restricting delivery hours to between 0800 and 2000 hours is included if planning permission is granted. This restriction is in line with deliveries to the superstore. With regard to conditions re boundary treatment, finishing materials and landscaping, these were dealt with under the terms of the main consent and I do not feel it is necessary to add further conditions in respect of this application.

4.10 In conclusion, I regard this proposal as being in accord with the development plan, and that the issues raised in the objection have been adequately dealt with by the noise report. Thus I recommend that the application be approved subject to conditions. Application No: S/09/00364/REM

Date Registered: 1st April 2009

Applicant: Merchant Homes Partnership Ltd 4 Seaward Place Glasgow G41 IHH

Agent Nelson Donaghy Design Ltd 35 Forest Place Lenzie G66 4UH

Development: Construction of 31 Flats and Associated Parking

Location: Land At Mason Street Motherwell

Ward: 018 Motherwell South East And Ravenscraig: Councillors Valentine, Harmon, McKay and Lunny.

Grid Reference: 275181 656747

File Reference: SlPUKD

Site History: S/07/00453/OUT Proposed Residential Development (In Outline) - Approved 4'hJune 2007

Development Plan: This site is zoned as RTL 6 (Secondary Village and Neighbourhood Commercial Area) in the Southern Area Local Plan (2008)

Contrary to Development Plan: No

Consultations: British Telecom (Comments) Scotland Gas Network (Comments) Scottish Power (Objection) Strathclyde Police (Comments) Representations: 5 letters of representation received.

Newspaper Advertisement: Not Required I I I I Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started by 4 June 2012.

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

2. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 001, O02,003A, 004A, 106 and 205.

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

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

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

5. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment: A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and approved in writing by 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.

6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 above; shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant 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 adjacent to and within the development site. 7. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site infrastructure.

8. 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 (which shall be of native species); (c) an indication of all existing trees and hedgerows, plus details of those to be retained, (d) a timetable for the implementation of these works to be implemented contemporaneously with the development.

Reason: In the interests of amenity and in consideration of the desirability of tree plantinglretention on the new edge of the settlement.

9. That the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the occupation of the last dwellinghouse/flat within the development hereby permitted. Any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.

10. That before the development hereby permitted starts, section and contour drawings shall be submitted to and approved in writing by the Planning Authority, showing the existing topography of the site, with proposed changes to ground levels and proposed levels of buildings. These shall be adhered to in the course of the development unless the Planning Authority gives prior approval, in writing, of any variation.

Reason: In order that the Planning Authority can retain effective control over this matter in the interests of the visual amenity of the area.

1 1. 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 footpaths, (b) the proposed SUDS treatment area and access, (c) the proposed parking areas, (d) the proposed grassed, planted and landscaped areas, and (e) the proposed fences to be erected along the boundaries, (9 the entrance feature and walls outlined in conditions 13, 14 and 15.

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

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

Reason: To ensure maintenance of the sites identified in condition 11 above.

13. 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 boundary features are of acceptable quality.

14. That before any of the flats 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 13 above, shall be erected.

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

15. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding the terms of this condition the proposed flats shall be finished a flat profiled (Dark Grey) tile (roof) and the walls shall be finished in light coloured render and buff brick.

Reason: In order to ensure that materials are visually acceptable in a local context.

16. That no flat 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.

17. That before the last of the flats hereby permitted are occupied, all roads, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.

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

18. That before the fifth last flat hereby permitted is occupied, all of the associated parking and turning areas shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out. These areas shall thereafter be retained as such to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate parking facilities.

19. That before the development hereby permitted is commenced, full details of the design and location of the proposed bin stores shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects. 20. That before the occupation of the first flatted property in the block hereby permitted, the bin stores associated with that block and approved under the terms of condition 19 above shall be built to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate bin storage facilities.

Background Papers:

Application form and plans received 1st April 2009

Letter from Scottish Power received 30th April 2009 Letter from BT Openreach received 17th April 2009 Letter from Scotland Gas Network received 28th April 2009 Letter from Strathclyde Police received 7 May 2009

Memo from Head of Protective Services received 27th April 2009 Memo from Transportation Team Leader received 29th May 2009

Letter from A Kelly, 14B Mason Court, Mason Lane, Motherwell received 1st May 2009. Letter from Mrs B Ormiston, 206 Mason Court, Mason Lane, Motherwell, ML1 1YN received 17th April 2009. Letter from Rose Devlin, 166 Mason Court, Mason Lane, Motherwell, ML1 3YN received 23rd April 2009. Letters from Anne Cavinue, 16C Mason Court, Mason Lane, Motherwell, MLI IYN received 8th May 2009 and 19th May 2009. Letter from Lorraine Pope, 20 C Mason Court, Mason Lane, Motherwell, MLI 1YN received 8th May 2009.

Any person wishing to inspect these documents should contact Mr Kevin Divin at 01698 274107.

Date: 8th June 2009 APPLICATION NO. S1091003641REM

REPORT

1. Description of Site and Proposal

1.1 This application seeks planning permission for the erection of 31 flats and associated parking at the corner of Mason Street and Watson Street, Motherwell. The site is a disused staff car park formerly used by British Telecom staff at the telephone exchange to the northwest of the site further along Mason Street. The car park has become surplus to their requirements and B.T. have retained a car parking area immediately to the northeast of the application site. The site is flat and ‘tarmaced’ and covers an area of 2100 square metres and is accessed from Mason Street. It is bounded to the south by two-storey terraced housing, with the visually dominant Dalziel Workspace building to the north on the opposite side of Mason Street. The site is bounded to the east by Watson Street beyond which lies the Asda car park. Outline Planning Permission was granted on 4th June 2007.

1.2 The applicant proposes 31 flats comprising of two separate blocks, one block which is four storey in height with the other block being three storey. This proposal includes areas of open space around the flats as well as a dedicated parking area with 40 spaces.

2. Development Plan

2.1 The site is zoned as Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 Open Reach BT and Scotland Gas Network have not objected to the proposed development. Scottish Power Energy Networks has objected due to the location of underground cables within the application site.

3.2 Strathclyde Police commented that for the proposed 31 flats, only 40 parking spaces are proposed. Usually a flatted development has two spaces per unit; therefore provision should be made for the additional 36 parking spaces. Due to insufficient parking, this would result illegal parking in the area to the detriment of traffic circulation and safety.

3.3 Scottish Water has expressed no objections to the proposal and has intimated that the Daer Water Treatment Works currently has sufficient capacity to service this proposed development. Furthermore, Daldowie Waste Water Treatment Works currently has sufficient capacity to service the development. Planning approval does not guarantee a connection. Approval for connection can only be given by Scottish Water when the appropriate application and technical details have been received. No response has been received from SEPA.

3.4 Head of Protective Services advised that a full site investigation should be carried out to determine the existence of any contaminants.

3.5 The Geotechnical Team Leader has no objection to the proposed flatted development subject to the submission of the existing invert levels in manhole 1701 are confirmed and confirmation in writing that Scottish Water’s requirements are satisfied. 3.6 The Traffic and Transportation Team Leader has expressed no objections subject to the proposal provided that Council standards can be met in terms of parking provision. A development of this nature requires a parking provision of 150% (as conditioned at outline planning stage), currently only 129% is proposed which will lead to on-street parking on Watson StreeVMason Street, 6 additional parking bays require to be provided within the development boundary to achieve acceptability.

3.7 The Council has received 5 letters of objection pertaining to the application. The issues of concern raised are set out below:-

Watson Street is already very congested due to the Asda supermarket and BT building. Once the flats are occupied a further 30 plus vehicles would put a considerable strain on the access from Watson Street to Mason Street resulting in a substantial increase in traffic and noise levels resulting in a detrimental impact on the quality of life of the surrounding residents. This development will block out a great deal of light currently enjoyed, restrict views and cause overshadowing to my property (20B Mason Court). The flats will overlook my property (No. 16B Mason Court) and will lead to a loss of privacy. There is a lack of information concerning the height of the four storey building and would question whether this would be in line with North Lanarkshire Local Plan. The proposed parking facilities will be adjacent to my property (No. 16B Mason Court) causing an increase in noise and pollution. If approved, the construction traffic would add considerably to the number of parked vehicles as well as those entering and leaving the site thus causing even more congestion. The loss of a commonly used pedestrian route through the application site will result in an increase in pedestrian traffic along the footpath in front of Mason Court. The footpath is relatively narrow and there is no roadway. This increase in use could result in an increase in anti-social behaviour. There is a relatively low boundary fence at Mason Court with no gates to front entrance to properties. Would the developer contribute to the cost of upgrading?

4. Planninn Assessment and Conclusions

4.2 Outline planning permission (S/07/00453/OUT) for flatted development was granted on the site, it is considered that the residential re-development of this site is acceptable in principle, subject to its detailed assessment against Policies HSG 10 and TR 13.

4.3 Policy HSG 10 (Infill Housing Development) sets out the criteria against which infill housing proposals will be assessed including: impact of the proposal on the character and amenity of the surrounding area; dimensions of the site relative to the proposed development and associated garden ground; effect of infill on the garden space, privacy and sunlight received by surrounding properties; consideration given to scale, materials, roof heighVpitch and window patterns; provision of vehicular access and parking arrangements. In assessing this particular proposal in terms of Policy HSG 10, as discussed in detail above it is considered that in land use terms the development of the sites for residential use is acceptable and would not adversely affect the character and amenity of the area. In terms of the impact on surrounding residential properties the design of the proposed two flatted blocks is considered acceptable and would compliment the wider existing surrounding properties in terms of scale, style and finish. The proposed development would result in no loss of privacy, SunlighVdaylight to surrounding properties and satisfactorily meets current open space standards as detailed in the Council’s “Developers Guide to Open Space”. The transportation issues are considered below.

4.4 In assessing the transport implications of the development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; the scope to integrate development proposals with existing public transport facilities; impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. My Transportation Section has no objections to the proposals subject to provision of adequate parking. In this instance, the proposal is approximately 6 spaces short of the requirement, however given the sites proximity to Motherwell town centre and public transports links; it is considered that the amount of parking proposed is sufficient. It is considered that there will not be a detrimental increase in traffic levels caused by the proposed dwelling and flatted development such as to have any significant impact on the environment or the surrounding residential properties and it is not considered there will be any significant impact on traffic circulation or road safety. The development will provide adequate off street parking and turning facilities. The flats will be accessed via a private access which will not be adopted. The proposals are therefore considered to be in accordance with policy TRI 3.

4.5 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan. The site is zoned as HCFlA Protecting Residential Areas. Policy HCFlA states that there will be a presumption against developments detrimental to the residential amenity of primarily residential areas. The proposed development is considered acceptable and will not have a detrimental impact on the residential amenity of the area given that it will extend the existing residential area and result in the development of a vacant gap site on Mason Street. The proposals are therefore considered to accord with policy HCFlA.

4.6 Turning to issues raised by the remaining consultation responses, it is noted that Scottish Power Energy Networks has objected due to the location of underground cables within the application site. An advisory note bringing this to the attention of the applicant would resolve this issue. Other issues raised in relation to the existing invert levels in manhole 1701 and confirmation from Scottish Water can be addressed by conditions.

4.7 Finally, turning to the 5 letter of representation I would comment as follows:

In response to the concerns regarding increased traffic onto Watson Street, as discussed in paragraph 4.5 above, it is considered that the traffic generated from the site will be no greater than experienced when the site operated as a car park. In response to the objection on the grounds of increased noise levels, it is considered that there will be no increase as a result of the proposed development, given that the objectors’ property lies close to Watson Street and indeed as stated above, the site has operated as the car park for the BT office building. In response to the objections on the grounds of loss of light and overshadowing, No. 208 Mason Court is located at least 40 metres away from the proposed flats which is considered to be of sufficient distance to not cause any overlooking or overshadowing. With regard to restricting views, this is not a material planning consideration. The concerns raised regarding possible overlooking and loss of privacy, due to the 40 metre distance between the proposed development and No. 16B Mason Court, the proposal will not cause any significant overlooking of this property. With regard to the lack of information concerning the height of the four storey element of the proposed flats, scale plans were submitted which indicated that the proposed four storey flats would be approximately 14.5 metres in height. As discussed in detail above, this is considered to comply with both the existing and emerging local plans. The application site was previously used as a car park for the BT office building and the proposed parking facilities within the site replicate the previous use, it is considered that there will be no increase in noise and pollution. (vi) It is acknowledged that during the construction period there will be a temporary period of disruption. Environmental legislation will restrict construction hours and dust, that will protect the amenity of the surrounding residents during the construction period. (vii) It is noted that the application site was used as an informal pedestrian route. However this is private land and should not have been used in this nature. The appropriate pedestrian route is the adopted footpath in front of Mason Court which is properly surfaced and lit. Regarding the concern raised regarding anti-social behaviour, there is no explanation why such behaviour should occur as a result of this development and if there is an occurrence then this would be a policing matter. There is no situation that would warrant the developer to contribute to the cost of upgrading an existing boundary fence at Mason Court.

4.8 In conclusion I am satisfied that the design and impact of the flatted development is acceptable from a planning viewpoint and that the proposal is in compliance with Policies RTL 6, HSG 10 and TR 13 of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. I therefore recommend that planning permission be granted subject to conditions.

4.9 A site visit has been requested by one objector prior to the determination of this application by committee. Application No: S/09/00416/FUL

Date Registered: 22nd April 2009

Applicant: BSJ Developments Ltd Mr Ronnie O'Neill 5 Smuggler's Brig Road Crossford Carluke M L8

Agent Craig And Struthers The Studio 15 Blairtummock Place Panorama Business Village Glasgow G33 4EN

Development: Residential Development of 6 Two Bedroomed Flats

Location: Land West Of 426 Main Street Wishaw ML2 7PL

Ward: 01 8 Motherwell South East And Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine

Grid Reference: 279194 655448

File Reference: 000000136-001

Site History: None Relevant

Development Plan: The site is within an area designated as RTL6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan 2008

Contrary to Development Plan: No

Consultations: None

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 29th April 2009 ~OI6082?4274 ' cx OlW 403053 Recommendation: Approve 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 except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 01-001,20-001,20-002, 20-003 and 20-004.

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

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

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

Reason: To ensure the provision of satisfactory site infrastructure.

Reason: To ensure that boundary features are of acceptable quality.

7. That before any of the flats are occupied, the fence, or wall, as approved under the terms of condition 6 above, shall be erected.

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

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

Reason: To ensure the provision of adequate bin storage facilities.

Background Papers:

Application form and plans received 14th April 2009

E-mail from the Transportation Team leader received 26'h May 2009

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19.

Date: 29th May 2009 APPLICATION NO. S1091004161FUL

REPORT

1. Descriotion of Site and ProDosal

1.1 The application site is a vacant gap site of a former childrens nursery at 426 Main Street Wishaw. The site is bounded by residential properties to the north and west, commercial premises to the south and east, and funeral directors to the southwest. The surrounding residential and commercial premises are predominantly two storey in height and the site extends approximately 255m2 and is relatively flat.

1.2 The application proposes 6 two bedroom flats comprising one block which is two storey in height with additional accommodation provided by wall head dormers and attic accommodation. The block has a comparable height to both adjacent properties either side of it on Main Street and includes an area of open space to the rear of the block. The block would front onto Main Street with pedestrian access; however the proposals include no dedicated parking provision within the site.

2. DeVelOPment Plan

2.1 The site lies within an area covered by Policy RTLG (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan 2008.

3. Consultations and Reoresentations

3.1 My Transportation Team Leader has recommended refusal of the application as off street parking should be provided for any new residential development whether it forms part of a town centre or not. Transportation require 11 off street parking spaces 2.5 by 5 metres however this is unachievable given the constraints of the land available to the applicant.

4. Plannina Assessment and Conclusions

4.2 The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. In this instance the Southern Area Local Plan is relevant, with the site being zoned as RTLG (Secondary, Village and Neighbourhood Commercial Areas). Policies HSGS (Assessing Applications for Housing Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant.

4.3 The application site is identified as a Secondary, Village and Neighbourhood Commercial Area, in the Southern Area Local Plan (2008) (Policy RTLG). Policy RTLG supports the provision of other uses which compliment the role and function of the area and the provision of residential accommodation on suitable gap sites. Taking into account the location of the site on the edge of the Town Centre in close proximity to residential properties, coupled with the desire to revitalise and strengthen the town centre area and the support of the local plan for residential developments on suitable gap sites, it is considered that the residential re-development of this site is acceptable in principle, subject to its detailed assessment against Policies HSGS (Assessing Applications for Housing Development) and TR13 (Assessing the Transport Implications of Development).

4.4 Policy HSG 9 (Assessing Applications for Housing Development) sets out the criteria against which new housing proposals will be assessed including: impact of the development on the built and natural environment; detailed design elements; provisions made for landscaping and open space and provision made for roads, access, and parking provision. It is considered that in land use terms the development of the site for residential use is acceptable and would not adversely affect the character and amenity of the area. The design of the proposed flatted block is considered acceptable and would greatly improve the appearance of the existing area, while complementing the existing surrounding properties in terms of scale, style and finish. The proposed change of use would result in no loss of privacy to surrounding properties and it is considered that the town centre location, coupled with the proposal being for the re-use of a currently vacant site, make the substandard garden ground insufficient to warrant refusal in this instance. The transportation issues are considered below.

4.5 In assessing the transport implications of development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; the scope to integrate development proposals with existing public transport facilities; impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. My Transportation Section has recommended refusal of the application as it provides no off street parking facilities. However, it is considered that given the edge of town centre location of the site, the availability of public transport facilities, proximity of numerous shops and services and the availability of numerous parking facilities within the area, plus the existing use within the town centre of gap sites for residential purposes combine to make the lack of parking provision insufficient to warrant refusal of this application, given its conforming with Policy RTL6 and government planning policy which is discussed in paragraph 4.6 below. In addition, the site could be re-used for retail or commercial purposes which may generate at least as much, if not more traffic than the flats. It is also considered probable that many of the flats would attract buyers with little or no car ownership. The proposal is overall considered to be in accordance with Policy TR13.

4.6 In terms of national planning policy SPP3 (Planning for Housing), SPP8 (Town Centres and Retailing), and SPP17 (Planning for Transport) are relevant in this case. SPP3 states (paragraph 4) that ‘New residential development must make efficient use of resources, reusing previously developed land wherever possible, supporting the aim of reducing energy consumption, and being accessible by forms of transport other than the private car”, (paragraph 35) “Patterns of development should seek to reduce the demand for travel and reliance on the private car, and help to reduce general energy consumption”, and (paragraph 15) “Where good access to public transport exists or can be provided, planning authorities may set lower maximum parking standards”. SPP8 states (paragraph 28) that “The promotion of mixed use, higher density development in town centres is encouraged ... This could take the form of vertical integration, for example incorporating residential development, or as horizontal integration, where town centre uses are located beside complimentary uses such as office developments”. SPP17 states (paragraph 55) “Where an area is well served by sustainable modes of transport, there is clear scope for adopting more restrictive maximum parking standards with the objective of reducing car use”. This national guidance is considered to provide sufficient justification for the proposed development notwithstanding the lack of parking. It is considered that the relevant national planning policy supports the application.

4.8 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP) and policies DSPI (Amount of Development); DSP2 (Location of Development); DSP3 (Impact of Development); and DSP 4 (Quality of Development) apply. 4.9 Policies DSP 1, DSP 2, DSP 3 and DSP 4 apply to all development proposals and cover the strategic nature of developments. The proposed development is for a residential development on a gap site in accordance with local plan policy. The proposed development is therefore considered to accord with the strategic nature of policies DSP 1, DSP 2, DSP 3, and DSP 4 of the Finalised Draft North Lanarkshire Local Plan.

4.10 Policy HCFlA states that there will be a presumption against developments detrimental to the residential amenity of primarily residential areas. The proposed development is considered acceptable and will not have a detrimental impact on the residential amenity of the surrounding area given that it will infill a gap site adjacent to an existing residential area. The proposals are therefore considered to accord with policy HCFIA.

4.1 1 In terms of consultation responses, as indicated at paragraph 3.1 above the Transportation Team Leader has objected to this proposal on the basis that it provides no private parking for the proposed development and these issues have been addressed in paragraphs 4.5 and 4.6 above.

4.12 It is considered that the development is acceptable in terms of both the local plan and national planning policy. The proposal would result in the physical improvement and re-use of currently vacant site within Wishaw Town Centre and thereby assist its regeneration. In conclusion, taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions. Application No:

Date Registered: 1st May 2009

Applicant: Cafe India Clo DTA Chartered Architects Ltd

Agent DTA Chartered Architects Ltd 9 Montgomery Street The Village East Kilbride G76 4JS

Development: Erection of Conservatory

Location: 315 New Edinburgh Road Uddingston Glasgow North Lanarkshire G71 6JA

Ward: 013 Thorniewood: Councillors Burrows, McCabe and McShannon

Grid Reference: 27 1439 660567

File Reference: S/PL/B/9/109/AH

Site History: 0 S/05/01277/FUL: Extension to Rear of Hotel to Provide Kitchen Accommodation granted 14'h September 2005. 0 S05/02018/FUL: Construction of Timber Decking to Front of Building and Erection of Boundary Wall (In Retrospect) granted 241h April 2006. 0 S/09/00118/FUL: Erection of Conservatory to Front of Building withdrawn 1 lthMarch 2009.

Development Plan: The site is zoned as Policy RTL9 (Other Commercial Uses) Southern Area Local Plan 2008.

Contrary to Development Plan: No

Consultations: None

Representations: One letter of representation received from WOparties.

Newspaper Advertisement: Not Required b..,.. I...... ". Recommendation: Approve 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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- L(0-) 01 Rev A, L(0-) 02, L(2-) 01 Rev B, L(2-) 02 and L(2-) 03. For the avoidance of doubt, no planning permission is hereby given for the advertisement signage and these shall be subject of a separate advertisement application.

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

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

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

Background Papers:

Application form and plans received 1st May 2009.

Memo from Traffic and Transportation Team Leader received 2gth May 2009. Memo from Protective Services Section received 27' May 2009.

Letter from Mrs Haggarty, c/o Fagans Solicitors, 17 Stirling Street, Airdrie, ML6 OAH received 15th May 2009. Letter from Mrs McBride, c/o Fagans Solicitors, 17 Stirling Street, Airdrie, ML6 OAH received 15th May 2009.

Any person wishing to inspect these documents should contact Mr Andrew Henderson at 01698 2741 02.

Date: 5th June 2009 APPLICATION NO. S/09/0049O/FUL

REPORT

1. Description of Site and Proposal

1.I Planning Permission is sought for erection of a conservatory on existing decking at the 315 Cafe India, New Edinburgh Road, Uddingston. The property consists of a two storey sandstone Victorian Manor, with several flat roof extensions to the front and side. The site measures 1713 square metres, with the land on a gentle descent from the rear of the site to New Edinburgh Road. The site is bounded by residential properties to the north, west and east with Fallside Nature Park to the south. The properties of the surrounding area consist of a mixture of two storey detached and four storey flatted dwellings. There is a 1.8 metre high wall along the western boundary. The existing property includes two restaurants Cafe India and an Italian Restaurant. Access to the site is via an existing vehicular access, which leads into an informal car parking area, situated to the west of the hotel.

1.2 This application seeks permission for the erection of a conservatory to replace an existing decking area. The existing decking measures 2.5 metres in height overall and is currently used as an outdoor seating area. The proposed development would be located on the footprint of the existing decking, and would measure 15 metres in length, 7 metres in width, reaching a total height of 4.7 metres to the ridge, The conservatory would be constructed from facing brick to match the existing and UPVC glazed panels. The eastern elevation will have a brick facing wall. The applicant proposes to install fascia signage on the base of the conservatory.

1.3 The Committee should note that there have been two previous applications in relation to this existing restaurant. Planning application Ref. S/05/02118/FUL for the erection of a boundary wall and timber decking was approved by the Committee on the 26'h of April 2006. Planning permission Ref. S/05/01277/FUL was granted for an extension to the rear to provide kitchen accommodation on 14'h September 2005.

2. Development Plan

2.1 The site is zoned as Policy RTL 9 (Other Commercial Uses) in the Southern Area Local Plan 2008.

3. Consultations and Representations a. The Transportation Team Leader has no objections to the proposed development.

3.2 The Protective Services Section have no objections to the proposed development.

3.3 Following the neighbour notification procedure, one letter of representation has been received from two neighbouring residents at 317 and 319 New Edinburgh Road in relation to this application. The objectors currently reside next to the restaurant and state that they are elderly ladies suffering from noise and discomfort from the existing restaurant, and their fragile health would decline as a result of this extension through additional noise and smell generated by increased customers. This in turn would affect the residential amenity currently enjoyed by the objectors. 4. Planninn 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. The application raises no strategic issues and requires to be assessed against the relevant local plan policies. The site is currently zoned by Policy RTL 9 (Other Commercial Uses) in the Southern Area Local Plan 2008. Policies HSG 7 (Established Housing Areas) and TR 13 (Assessing the Transportation Implications of Development) also apply.

4.2 Policy RTLS (Other Commercial Uses) supports the continuation of commercial uses, proposed new changes of use will be considered in light of other Polices within the Local Plan, with compatibility with surrounding land uses given due consideration. In this case the proposed development will extend an existing restaurant. The proposed advertisement signage cannot be considered in this application and must be subject of a separate advertisement application. The site is currently bounded by residential dwellings which are zoned under Policy HSG7 (Established Housing Areas). In this case, the principle of the proposed conservatory is acceptable subject to meeting the criteria contained within Policy HSG7.

4.3 Policy HSG 7 (Established Housing Areas) seeks to protect the established character of the existing housing areas by opposing developments which are incompatible with a residential setting or adversely affect the amenity of established housing areas. The proposed conservatory will enclose the existing decking area. The design and scale of the conservatory would result in a prominent development within the street scene, however it is not considered to be intrusive and will integrate with the existing restaurant building. While the existing use of decking has raised concern from adjoining residents, the conservatory would remove increased noise levels by enclosing the decking area, reducing noise level and providing privacy for the adjacent residential properties. In light of this it is considered the proposal would be in accordance with the spirit of Policy HSG 7, and in turn complies with Policy RTL9.

4.4 In assessing transportation implication of development, Policy TR13 applies. The Transportation Section has serious concerns regarding the proposed development in that the conservatory will be located within the required sightlines at the junction of Sanderson Avenue and New Edinburgh Road. They also note that an additional 17 parking spaces would be required given the increase in public floorarea. However it should be noted that the proposed conservatory will be located in the position of an existing boundary wall and raised decking area and in turn will not alter the visibility splay than existing. Given that the decking area is already used as an outdoor seating area and the current level of parking within the site, it is considered that the existing parking facilities are acceptable in this case. It is therefore considered that the proposed development accords with Policy TR13.

4.6 In term of the points of objection, it is considered that there would be no significant increase in customers and as the conservatory is enclosing an existing decked area, noise levels will be reduced and thus reducing any impact on residential amenity on neighbouring residents. As noted in paragraph 1.3 above, planning permission was granted previously for a kitchen extension subject to a condition relating to the submission of details for a revised extraction vent. The details have not been submitted to date and this requirement will be progressed in accordance with Planning Enforcement legislation to ensure that satisfactory extraction and ventilation methods are in place to serve the restaurant.

4.7 In conclusion it is considered that the proposed extension would not adversely affect the residential amenity of neighbouring properties and is therefore considered that the proposed conservatory would be in accordance with Policies RTLS, HSG7 and TR13 of the Southern Area Local Plan 2008 and is therefore recommended that planning permission be granted subject conditions. The Committee should note that the applicant has requested a site visit and hearing should the application be recommended for refusal. Application No: S/09/005071FU L

Date Registered: 7th May 2009

Applicant: lan Docherty & Betty Harrison 55 Main Street Holytown MLI 4TH

Development: Change of Use of Class 1 (Retail Unit) to Class 3 (Cafe)

Location : 55 Main Street Holytown MLI 4TH

Ward: 01 5 Mossend And Holytown: Councillors Coyle, McKeown and Delaney

Grid Reference: 276372660502

File Reference: SIPLIBF/5/16/CCA/G F

Site History: No relevant planning history

Development Plan: The site is zoned as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan 2008

Contrary to Development Plan: No

Consultations: None

Rep resenta tions : One letter of representation received.

Newspaper Advertisement: 27' May 2009

Recommendation: Approve 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 noise associated with the air conditioning/ ventilation system or any other plant and any other noise associated with the development shall not give rise to a noise level within any nearby dwelling (assessed with windows open) or other noise sensitive building in excess of the equivalent to Noise Rating Curve NRC 35 between 0700 hours and 2000 hours and Noise Rating Curve NRC 25 at all other times.

Reason: To ensure that the noise associated with the development will be within acceptable limits in the interest of residential amenity.

3. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings stamped approved as part of this permission.

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

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

Reason: To define this permission.

5. That prior to the commencement of operations on site, the applicant must provide further details of any external extraction flue, including details of the colour and finish, and these must be approved in writing by the Planning Authority before the flue is installed.

Reason: In the interests of the amenity of the surrounding town centre.

Background Papers:

Application form and plans received 7'h May 2009.

Letter received from Shahid Nadeem, 57 Main Street, Holytown, MLI 4TH, received on 18'h May 2009.

Memo from Transportation Team Leader received 1" June 2009. Memo from Protective Services received 27'h May 2009.

Any person wishing to inspect these documents should contact Mr Colin Campbell on 01698 27 41 18.

Date:4'h June 2009 APPLICATION NO. S1091005071FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought for a change of use from a retail unit (Class 1) to a cafe (Class 3 at 55 Main Street, Holytown. The shop unit is located on the ground floor of a two storey terraced building. The upper floor of the building comprises of residential flats. Various commercial and retail outlets exist within the locality including newsagents, betting shops, public houses and hairdressers with residential properties throughout. There are no proposed off street car parking spaces as part of the proposal.

1.2 The applicant proposes the change of use from an existing vacant retail unit to a cafe on a site which lies adjacent to a main route between Holytown and Bellshill. Access to the unit will be taken directly from Main Street. The applicant proposes trading hours of 6am until 3pm Monday to Saturday. It should be noted that the applicant has not proposed any internal or external changes to the existing vacant unit and t there are no proposed off street car parking spaces.

2. Development Plan

2.1 The application site is zoned as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 My Transportation Team Leader has recommended refusal of the application as a development of this nature requires a provision of 20 off street car parking spaces per 100m2 public floor area which is unachievable given the constraints of the land available to the applicant.

3.2 My Protective Services Section had no objections to the application subject to cooking odours from the premises being controlled, and noise levels associated with any plant or ventilation from the completed development being within recommended guidelines.

3.3 One letter of representation has been received following the neighbour notification process and press advertisement. The points raised can be summarised as follows:

(a) The objector’s shop is adjacent to the application site and is located on a prime commuter route, with the majority of their business from customers who pass through this route. The objector states that there are no available parking spaces and customers will drive past their shop and visit other shops located further up the street where parking is available, thus adversely affecting their business.

(b) The objector is concerned that there would be insufficient parking if a business such as a coffee shop opened. They state that the Council made alterations to the parking arrangements outside the existing shop which has in turn restricted the number of cars able to park in allocated spaces.

(c) The objector is concerned that a coffee shop opening up next door to their retail unit will have a detrimental impact on their business due to the applicant selling similar products. 4. Planning 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. This application raises no strategic issues and can therefore be assessed in terms of Local Plan policies. Policies RTL 6 (Secondary, Village and Neighbourhood Commercial Areas), RTLl1 (Assessing Applications for Bad Neighbour Developments) and TR13 (Assessing the Transport Implications of Development) apply.

4.2 Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) supports various types of commercial activities including Class 3 Food and Drink where the development does not adversely affect the character and amenity of the Commercial Area and accords with the provisions of Policy RTL 1 1 (Assessing Applications For Bad Neighbour Developments). There are residential flats located above the proposed cafe, however a planning condition is recommended in relation to air conditioning/ventilation plant and the proposed extraction methods to ensure that there are no adverse impacts on the neighbouring properties. The property is located within a neighbourhood commercial area where a variety of retail and commercial units exists and it is considered that the proposed cafe would be acceptable in principle at this location given that it would not significantly alter the amenity of this location.

4.3 Policy RTLl 1 (Assessing Applications for Bad Neighbour Developments) states the preferred locations for such proposals include Neighbourhood Commercial Areas. This policy also requires assessment of the resulting retailhon-retail mix of uses, design and transportation issues. The proposed development is within a neighbourhood commercial area and given that the existing range of surrounding units vary in retail and commercial nature, the proposal would not significantly affect the mix of retail and non retail uses. Also given that the existing retail unit is currently vacant, the proposal would bring the unit back into use which would add to the vitality of the commercial area. In terms of design, the current application is for a change of use only and no alterations have been proposed to the shop frontage. A condition is recommended to ensure that no alterations to the external appearance are carried out without a further planning application. Transportation issues are discussed at paragraph 4.4 below. It is therefore considered that the proposal complies with Policy RTL 1 1.

4.4 In assessing the transport implications of development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; the scope to integrate development proposals with existing public transport facilities; impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. My Transportation Section has recommended refusal of the application as no off street parking facilities would be provided. However, it is considered that given the location of the site, the availability of public transport facilities, and the availability of numerous parking facilities within the area, the proposal is overall considered to be in accordance with Policy TR13.

4.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan. Policy RTC 1C Neighbourhood and Local Centres is relevant to the current application. The policy directs retailing to commercial areas and encourages diversification of uses within these areas. The zoning and policy position remains unaltered from the Adopted Plan so therefore it is considered that the proposal complies with Policy RTC 1C of the Finalised North Lanarkshire Local Plan. 4.6 In relation to the points of objection I would comment as follows.

(a) The site is zoned as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas). The principle of this type of development is considered acceptable at this location given the retail nature of the site in terms of local plan policy and there is no requirement for off street parking facilities. Any matters relating to the perceived impact of trade at neighbouring businesses are not material planning considerations in the determination of this application.

(b) As detailed above in paragraph 4.4 the transportation implications of the proposal are deemed acceptable and comply with Policy TR 13 of the Southern Area Local Plan.

(c) Retail competition is not a material planning consideration and it is considered that the proposed cafe would not be out of character within its location as this type of proposal is specifically directed to these areas by virtue of Policy RTL 6 and RTLI 1.

4.7 In conclusion I am satisfied that the impact of the change of use from an existing vacant retail unit to a cafe is acceptable from a planning viewpoint and that the proposal complies with Policies RTL 6, RTL 11 and TR 13 of the Southern Area Local Plan 2008 and RTC 1C of Finalised Draft North Lanarkshire Local Plan. Notwithstanding the objections raised by the neighbour and for the reasons stated above, it is recommended that planning permission be granted subject to conditions.