North Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Plann i n g A p p Iica t ions for cons idera t ion of Planning and Environment Committee

Committee Date : 28'h March 2007

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 28‘h March 2007

Page Application No. Applicant DevelopmentlLocus Recommendation No. 5 N/06/00847/FUL St. Mungo’s Parish Formation of a Car Park Grant Church Land to the North East of the Church, St. Mungo’s Road

10 N/07/00174/FUL Cindy Wilson Extension to a Grant Dwellinghouse 21 Raith Drive Blackwood Cumbernauld

15 N/07/00228/FUL Mr S McCrae Alteration and Extension to Grant YMCA Afton Road Ki Id ru m Cumbe rnauId

20 N/07/00272/FUL T-Mobile (UK) Ltd Installation of a 15 Metre Grant High Monopole Mast and Request for Site Associated Equipment Visit & Hearing Adjacent to the Weavers PH Condorrat Ring Road Condorrat, Cumbernauld

26 N/07/00276/FUL Mr J Rafferty Erection of a 1.8 Metre High Grant Fence, 2 Drumglass Request for Site Steadings, Croy Visit & Hearing

31 C/07/00025/FUL Glenboig Community Installation of a Landscaped Grant (P) House Play Area, Land East of 73- 115 Marnoch Drive, Marnoch Glen boig

38 C/07/00184/FUL 02 UK Ltd Erection of 17.5 Metre High Refuse Telecommunications Monopole at Land at 50 Main Street, Plains

44 C/07/0021IIOUT Mr & Mrs Jack Erection of Dwellinghouse at Refuse Land North Of 33 Bridge Street,

50 C/07/00237/OUT Tryst Property Construction of Three Storey Grant Holdings Block of Nine Flats at 13 Old Request for Site Monkland Road, Old Visit & Hearing Monkland,

58 S/06/01309/FUL Linda McLean Formation of Dormers Refuse Increase Height of Roof and Construction of Conservatory, 513 High Street, 63 S/06/01678/FUL NHS Lanarkshire Construction of Medical Grant (P) Centre Request for Site Land North of Greenmoss Visit & Hearing Place,

74 S/06/01814/FUL Scottish Midland Residential Development In Grant Co-operative Society Outline (Four Ltd Dwellinghouses) at Land Between 65 And 83 West Main Street, Harthill

84 S/06/01872/FUL Keel Contractors Ltd Construction of Mixed Use Grant Development Comprising 12 IndustriallBusiness Units, 3 Office Buildings, Formation of New Access & Ancillary Parking & Landscaping Keel Contractors Ltd, Goil Avenue Righead Industrial Estate Bellshill

93 S/06/01922/0UT ProLogis 24 hour Operational Class 6 Grant Developments Ltd Storage/Distribution Request for Site Development of 102,000 Visit & Hearing Square Metres in Floor Area (In Outline) Land South West of Junction 6 M8, Edinburgh Road Newhouse

106 S/06/0 1934/FUL ProLogis Enabling Works Comprising Grant Developments Ltd Site Remediation, Regrading Request for Site of Land, Site Drainage Visit & Hearing Provision of Car Park Landscaping and Associated Works Land South West of Junction 6 M8, Edinburgh Road Newhouse

118 S/06/02113/FUL Mr K O’Mara Construction of Two Refuse Dwellinghouses at Land Adjacent to 17 Bellside Road, Bellside, Cleland MotherwelI

124 S/06/02122/FU L Scotia Design Build Erection of 2 no. Industrial Grant Units (one for 24 hour use) with Associated Offices Access Roads, Car Parking and Fencing Land North of Woodside Eurocentral, 133 S06/02125/FUL Benhar Residential Development Grant Developments Ltd Consisting of 46 Flatted Dwellings, at Land Between Shottskirk RoadlQuarry Road,

143 S/07/00021/FUL Thomas McWhinnie Installation of Portacabin (In Refuse Retrospect) and Change of Use of Land Siting Portacabin to Class 1 Millbank Caravans, Netherton, Road,

149 S/07/00151/FUL United Erection of Smoking Shelter Grant Services Club Ex - Servicemen's Social Club 50 - 52 Mabel Street Motherwell

154 S/07/00191/FUL A Feely Change of Use from Light Grant Industrial (Class 4) to Leisure(Gymnasium) Unit 64 Evans Business Centre Bellshill Industrial Estate Bellshill

160 S/07/00333/FUL Mr Slavin & Miss Erection of Two-storey Refuse Smith Detached Dwellinghouse at Land to the Rear of 39 Omoa Road, Cleland

(0 C/07/00025/FUL If granted, refer to Scottish Ministers, Council owned land S/06/01678/FUL If granted, refer to Scottish Ministers Application No: N/06/00847/FUL

Date Registered: 7th July 2006

Applicant: St Mungo's Parish Church St Mungo's Road Cumbernauld

Agent Alex R M Mearns 10 Fairford Drive Cum bernauld

Development: Formation of Car Park

Location: Land to the North East of St Mungos Parish Church Cum bernauId

Ward: 54 Seafar and The Village Councillor Neil McCallum

Grid Reference: 275683 67451 5

File Reference: N/06/00847/FUL

Site History:

Development Plan: In terms of the Cumbernauld Local Plan 1993 the site is covered by Policy HG4: Residential Amenity

Contrary to Development Plan: No

Consultations: NLC Community Services (Objection)

Representations:

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 before the development hereby permitted starts, a tree survey shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of the location, number and variety of trees to be removed; (b) details of the location, number and variety of adjacent trees; (c) details of any works to the adjacent trees including proposals for their protection during construction works.

Reason: In the interests of visual amenity and the protection of the adjacent trees. Land tothe East of the Church St Mungo's Road Cumbernauld Formation of a Car Park 3. That the tree protection measures hereby approved in connection with Condition 2c above shall be implemented to the satisfaction of the Planning Authority prior to work starting on site.

Reason: In order to ensure the adjacent trees are protected during construction works.

Background Papers:

Application form and plans received 17th May 2006 Amended plans and letter from LBG Waterston received 12thJanuary 2007

Memo from NLC Community Services received 31st July 2006

Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 61 6463.

DATE: 12'h March 2007 AP PLlC AT10 N NO. N/06/00847/FU L

REPORT

1. Description of Site and Proposal

1.1 This application is for the construction of a car park (approximately 26 spaces) for St. Mungo’s Church, Fergusson Road, Cumbernauld. The Church is B Listed and is located adjacent to Cumbernauld Town Centre.

1.2 The site forms part of a visually important mature tree belt that runs parallel to the public footpath leading from the town centre to Seafar Road. The site is adjacent to the church and would be accessed from the town centre car park. The applicant will require to negotiate a right of access to the proposed car park with the car park owners, and it should be noted that the site itself is owned by the Council.

2. Development Plan

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

2.2 In terms of the Cumbernauld Local Plan 1993 the application site is located on the edge of an area covered by Housing Policy HG4, which seeks to protect the residential amenity of the area. The policy also states there is a presumption in favour of development of an ancillary nature which enhances the provision of local community facilities and services.

3. Consultations and Representations

3.1 My Traffic and Transportation Section have no objections to the proposal.

3.2 The Director of Community Services, per the Head of Land Services, has commented that the site should not be developed for the following reasons:

+ Loss of mature deciduous woodland; + Part of green habitat network; + Could hamper bat foraging; + Loss of screening of the church from local residents and vice-versa; + Detrimental impact on the pedestrian entrance to this part of the Town Centre; + Former agricultural shelter-belt, which was preserved and integrated into the planned layout of the area, and + Negotiation with the owners of the car park to allow parking of church users would negate the requirement for additional car parking.

4. Plannina Assessment and Conclusions

4.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The development is in accordance with Policy HG4 of the Cumbernauld Local Plan 1993.

4.2 While the Church has never had any designated parking provision, it has become more of an issue in recent times since no parking is allowed on St. Mungo’s Road, a 2 hour customer restriction has been placed on the parking at the retail area off St. Mungo’s Road, and time restrictions have also recently been placed on the town centre car parks. It is further stated that the recent award of Historic Scotland and National Lottery Funding was given on the basis that the public has access to the premises for community activities and events. The Church is currently unable to advertise their facilities because of the lack of vehicular access and exclusive on-site parking facilities. The requirements of the Disability Discrimination Act have also led the Church to believe that exclusive on-site parking is required.

4.3 The comments from Community Services are of relevance to the assessment of this proposal. However, the trees are not covered by a Preservation Order and there are no nature conservation designations placed on the site. The trees could therefore be removed without requiring any consent. Furthermore, the application affects approximately 20% of the tree belt and is not the full width; thus the tree lined avenue would still remain.

4.4 There was concern that the initial plans included an adjacent area of planting and fencing which was part funded by the Council under an environmental enhancement programme. However, recently received amended plans have clarified that this land is out with the application site.

4.5 Therefore, as the proposal complies with Local Plan policy and the site is not protected in any way it is recommended that planning permission be granted. Application No: N/07/00 174/FU L

Date Registered: 5th February 2007

Applicant: Cindy Wilson 21 Raith Drive Blackwood Cumbernau Id G68 9PE

Agent BDA Design 38 Wellpark Crescent Stirling FK7 9HF

Development: Extension to a Dwellinghouse

Location: 21 Raith Drive Blackwood Cumbernau Id G68 9PE

Ward: 67 East And Blackwood West Councillor William Hogg Grid Reference: 271871 674140

File Reference: N/07/00174/FUL

Site History:

Development Plan: This site is covered by Policy HG4 (Residential Amenity) of the Cumbernauld Local Plan,l993 Contrary to Development Plan: No

Consultations:

Representations: One letter 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 safeguard the residential amenity of the area.

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building. Blackwood Cumbernauld 1 :I,2. Extension to a Dwellinghouse * Representation Reason: In the interests of the visual amenity of the area.

3. That a visibility splay of 2.5 metres by 35 metres, measured from the road channel, shall be provided on the left hand side of the driveway at 19 Raith Drive and notwithstanding what is shown on the approved plans, the proposed screen fence shall be repositioned so that it is outwith this visibility splay and before the development hereby permitted is completed everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line area and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within the sight line(as shown in blue on the attached plan).

Reason: In the interests of traffic and pedestrian safety.

Background Papers:

Application form and plans received 5th February 2007

Letter from C Cassidy & Janet Cassidy, 19 Raith Drive, Lochpark, Cumbernauld, G68 9PE received 19th February 2007.

Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Mr Gavin Forrest at 01236 616466.

Date: 14'h March 2007 APPLICATION NO. N/07/00174/FUL

REPORT

Description of Site and Proposal

This application seeks permission for a single storey extension to the side of 21 Raith Drive, Blackwood. The extension would be situated in an area that is currently grassed garden ground.

The proposed extension will measure approximately 3.9metres x 8.5metres and will create a bedroom and ensuite. There will also be an extension to an existing fence. The fence will be timber and it is proposed it will be 1.8 metres high. The fence will be extended up to the boundary with the public footpath.

The property is a modern semi-detached house constructed in materials such as red and brown brick and dark roof tiles. The extension will utilise the same materials. There will be a window situated on the front and rear elevations. There will not be any overlooking or privacy issues as a result of the new windows.

Development Plan

There are no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and the application can be assessed against the relevant provisions of the Cumbernauld Local Plan

This site is covered by Policy HG4 (Residential Amenity) of the Cumbernauld Local Plan 1993. Policy HG4 states that there will be a presumption against development that which could be detrimental to residential amenity.

Consultations and Rewesentations

My Traffic and Transportation Section have concerns regarding the height and position of the proposed fencing on site. This matter can be addressed by the imposition of a planning condition. Although an increase in the number of parking spaces is usually required for an increase in the number of bedrooms , as the property is serviced by a private car park which is outwith the applicants full control, no further provision will be required.

There has been one letter of representation received from neighbours at 19 Raith Drive. The main points of objection and my comments thereon are as follows;

0 Due to the existing fence being extended the view from our driveway will be restricted and will obscure our view of cars using the road.

Comments: My Traffic and Transportation Section was consulted regarding the development. Issues regarding the fence and the obscuring of sightlines have been addressed through the imposition of a planning condition

0 Our front room has restricted daylight as it is north facing. The fence being extended would further impede on the amount of natural daylight entering the room. Comments: As the application site and the proposed new sections of fencing lie to the north of the objectors’ property it will create minimal overshadowing. At the closest point the living room window is approximately 5 metres away from the proposed fence. The fence is of standard height and as a result the blocking of light will be minimal.

0 This is not in accordance with the builder’s missives which states there shall be no fences erected or shrubs planted in this area.

Comments: This is a legal matter and as such is not a planning consideration.

4.

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 199, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This proposal is not contrary to Local Plan Policy.

4.2 It is considered that the proposed area is a suitable size to accommodate the extension. The design is in keeping with the existing house. With regard the loss of daylight, this will be very minimal as the living room window is positioned approximately 5 metres away from the proposed fence. Due to the window being north facing the issue of loss of sunlight/ overshadowing will also be minimal. The fence raised issues regarding the sightlines for entering and exiting the public road. However these have been dealt with by a planning condition.

4.3 Having taken account of all the relevant material planning considerations, and not withstanding the concerns raised by the objectors, it is recommended that planning permission be granted. Application No: N/07/00228/FU L

Date Registered: 12th February 2007

Ap p I icant : Mr Stewart McCrae (for YMCA) Kildrum Farm Cum bernauId G67 2DN

Agent Mr William Dempsey 1E Clouden Road Kildrum Cumbernauld G67 2JG

Development: Alteration and Extension of YMCNYWCA

Location: YMCA Afton Road Kildrum Cum bernauId G67 2DN

Ward: 53 Kildrum and Park: Councillor Tom Johnston

Grid Reference: 276814675087

File Reference: N/07/00228/FUL

Site History: N/00/00808/FUL Alteration and Extension of Existing Building to Provide Greater Activity Space: Application Withdrawn

Development Plan: The site is covered by Housing Policy HG4 in the adopted Cumbernauld Local Plan 1993

Contrary to Development Plan: No

Consultations: None

Representations: One letter of representation received, signed by the owner/occupier of 6 properties

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

Reason: To safeguard the visual amenity of the area.

Background Papers:

Application form and plans received 12th February 2007 Letter from Owner/Occupier, 9A Kyle Road, Kildrum, Cumbernauld, G67 received 22nd February 2007 Letter from Owner/Occupier, 9B Kyle Road, Kildrum, Cumbernauld, G67 received 22nd February 2007 Letter from Owner/Occupier, 9C Kyle Road, Kildrum, Cumbernauld, G67 received 22nd February 2007 Letter from Owner/Occupier, 9D Kyle Road, Kildrum, Cumbernauld, G67 received 22nd February 2007 Letter from Owner/Occupier, 9E Kyle Road, Kildrum, Cumbernauld, G67 received 22nd February 2007 Letter from Owner/Occupier, 9F Kyle Road, Kildrum, Cumbernauld, G67 received 22nd February 2007

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

Date: 12'h March 2007 AP P LICAT1 0 N N0. N/07/00228/F UL

REPORT

1. Description of Site and Proposal

1.1 The application seeks consent to extend and carry out alterations to the YMCAMIVCA at Afton Road, Cumbernauld. The property in question comprises of three connected sections: the first is a two-storey stone section situated to the north of the site, with a pitched slated roof. The second section is single storey situated to the west of the site also made of stone with a pitched slated roof. The third section to the south of the site is a modern extension comprising of brick and roughcast with a flat roof. The building is attached to a community centre.

1.2 The proposal involves extending the main entrance to incorporate a reception area, new entrance steps and disabled ramp. This involves bringing the building line forward by 2.5 metres and will incorporate a pitched roof measuring 5.8 metres in height. A new porch is to be created at a second entrance measuring 3.4 metres wide, 2.2 metres long and 3.3 metres in height with a mono pitched roof. An extension is proposed to the rear of the property to provide new toilet facilities and will measure 5.9 metres wide 4.6 metres long and 5.4 metres in height with a pitched roof. New pitched and hipped roofing is proposed over a store to the south west side of the property and over the games hall situated to the south east of the building. The application proposes to create a patio area to the rear of the property incorporating a bin store along with the erection of a 2 metre wooden fence with gate. In addition to this the application proposes to erect a metal gate and fence to the front of the property measuring 2.4 metres in height.

1.3 The external finishes of the proposed alterations include white dry dash render for external walls and grey slate roof tiles to match existing. All existing stone is to be retained, white PVC windows are proposed along with traditional doors, metal fence and gate.

2. Development Plan

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

2.2 Within the adopted Cumbernauld Local Plan 1993 the application site is located within an area covered by Housing Policy HG4 which states that there will be a presumption against the loss of houses to other uses, and development which could be detrimental to residential amenity. There will be, however, a presumption in favour of developments of an ancillary nature which enhance the provision of local community facilities and services. The introduction or extension of a non-residential activity will not be accepted if likely to lead to a loss of amenity.

3. Consultations and Rewesentations

3.1 No consultations required to be carried out in respect of this planning application.

3.2 One letter of representation has been received from the neighbours at 9A, 9B, 9C, 9D, 9E, 9F Kyle Road, with the following objections being raised:-

Fence height

Comments: The height of the proposed fence is 2 metres which is considered acceptable.

0 Privacy

Comments: It is the view of the Planning Department that the proposed use of the section of land to the rear of the building as a patio area would not be detrimental to surrounding residential amenity and is therefore considered acceptable in planning terms.

Construction noise

Comments: Whilst construction work will result in a degree of noise disturbance, I am of the opinion that the work would not have a detrimental impact on the residential amenity of the neighbouring properties in terms of noise pollution. All developments inevitably cause some short term inconvenience to neighbours.

4. Planninq Assessment and Conclusions

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

4.2 The application is considered acceptable as it complies with Policy HG4 in the adopted Cumbernauld Local Plan 1993 as the development would not be detrimental to surrounding residential amenity and will result in the improvement of an existing local community facility.

4.3 Having taken account of all relevant material consideration, and notwithstanding the concerns raised by the neighbouring proprietors at 9A, 9B, 9C, 9D, 9E, 9F Kyle Road, it is recommended that planning permission be granted for extensions and alterations to the YMCA/YWCA at Afton Road, Cumbernauld. Application No: N/07/00272/FU L

Date Registered: 20th February 2007

Applicant : T-Mobile (UK) Ltd Clo Agent

Agent Mono Consultants Ltd 48 St Vincent Street Glasgow G2 5TS

Development: Installation of a 15 Metre High Monopole Mast and Associated Equipment

Location: Site Adjacent To The Weavers Condorrat Ring Road Condorrat Cumbernauld

Ward: 62 Condorrat Central Councillor Gerard McElroy

Grid Reference: 27471 8 659900

File Reference: N/07/00272/FU L

Site History: None

Development Plan: The site lies within an established residential area and as such is covered by Residential Policy HG4 (Residential Amenity) of the Cumbernauld Local Plan, 1993. There are no specific telecommunication policies in the Cumbernauld Local Plan.

Contrary to Development Plan: No

Consultations: No external consultees

Representations: 2 letters of representation received.

Newspaper Advertisement: No advert 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 in the event that the telecommunications equipment or the apparatus within the site becomes redundant, it must be removed to the satisfaction of the Planning Authority within one month of being redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

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

3. That the monopole and shroud shall be steel/grey to match the existing lighting columns.

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

Background Papers:

Application form and plans received 20th February 2007

Memo from Traffic & Transportation (Northern Area) received 6th March 2007 Memo from NLC Education received 27 February 2007

Letter from Condorrat Community Council, C/o Ann L Sneddon, Secretary, 'Cruachan', 5 Gainburn Crescent, Condorrat, Cumbernauld, G67 4QN received 2nd March 2007. Letter from Dr M Nair, 7 Laightoun Gardens, Condorrat, Cumbernauld, G67 4EZ received 9th March 2007.

Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Mr Graeme Lee at 01236 61 6474.

Date 12 March 2007 APPLICATION NO. N/07/00272/FUL

REPORT

1. Description of Site and Proposal

1.1 T-Mobile (UK) Ltd are seeking planning permission to site a 15 metre high slim line streetworks style monopole telecommunications mast adjacent to Condorrat Ring Road in Condorrat. A range of sites have been investigated within the Condorrat area, but for varying reasons, have been dismissed.

1.2 The chosen site lies on the opposite side of Condorrat Ring Road from the Weavers Public House. The houses on Laightoun Gardens lie to the west of the mast site. The closest house is 30 metres away and is located on the other side of a stand of mature trees. At this point there is mature planting on both sides of the Ring Road. The mast will be located midway between two lighting columns and it is proposed that the mast will be steel/grey in colour to match the lighting columns. In terms of height, the mast will be some 5.5 metres higher than the lighting columns and approximately 4 metres above the height of the adjacent trees.

2.

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

2.2 The site lies within an established residential area and as such is covered by Residential Policy HG4 (Residential Amenity) of the Cumbernauld Local Plan, 1993. This policy seeks to protect the amenity of existing residential areas. There are no specific telecommunication policies in the Cumbernauld Local Plan.

2.3 National Planning Policy on radio telecommunications, contained in NPPG 19 and PAN 62, provides support for telecommunications development where the applicants have demonstrated the ability to carefully consider siting and design options which are sensitive to the built form and the natural environment. It indicates that where the applicant has taken all these factors into consideration, refusal is unlikely to be warranted. It should be noted that the application has been accompanied by the appropriate ICNIRP Declaration.

3. Consultations and Representations

3.1 My Traffic and Transportation Section offered no objections to the chosen location but make detailed recommendations regarding the provision of a hardstanding area on the verge adjacent to the mast and the submission of details of the method of installation and thereafter maintenance of the equipment.

Comment It is considered that, as the installation of the equipment will be in the road verge, the construction details will require to be agreed with the Council as Roads Authority. Consequently, I do not consider it necessary to cover this matter with planning conditions. With regards to the formation of a hardstanding area on the verge, I feel this to be unnecessary as, even if one were to be provided, it is likely that maintenance vehicles will park on the road. Also, maintenance is unlikely to take place so frequently as to warrant an area of off road parking. Furthermore, I feel that visually, an area of hardstanding area will draw more attention to the equipment.

3.2 NLC Education were not consulted but have commented on the application advising of concerns in relation to the citing of telecoms equipment in the vicinity of schools. The perception of the school community, however uninformed, is that such equipment represents a danger. This may effect parental decisions as to which school to send their children. Comment The applicant has submitted the required ICNIRP declaration of conformity with the guidelines of the EU International Commission on Non-Ionizing Radiation Protection. Scottish Executive guidance in NPPGl9 Radio Telecommunications states that with this Declaration submitted to demonstrate that the known health effects have been properly addressed, Planning Authorities should not treat radio frequency emissions as a material consideration in the assessment of a planning application. For information, the closest school building (St Helen’s Primary) is over 460 metres away to the north east of the site. The closest part of the school playing fields are some 430 metres away from the proposed mast.

3.3 Condorrat Community Council requested a consultation on the application and has objected on the basis that there is already a proliferation of masts on the Ring Road. Concerns are raised about the proximity of the mast to Condorrat Health Centre and Rannoch Lodge Nursing Home. The possibility that radiation from the mast will interfere with sensitive medical or health equipment is of concern. The Community Council has also requested a hearing.

Comment Whilst there are other masts on the ring road none are located close to the application site. As indicated above, the applicant has submitted the required ICNIRP declaration of conformity with the guidelines of the EU International Commission on Non- Ionizing Radiation Protection. Planning Authorities should not treat radio frequency emissions as a material consideration in the assessment of a planning application. For information, the mast is located 87 metres away from the Health Centre and 43 metres from the Nursing Home.

3.4 One letter of representation has been received from the residents of No 7 Laightoun Gardens citing health concerns and the adverse impact on the view that is currently enjoyed from the property.

Comment As indicated above the applicant has submitted the required ICNIRP declaration of conformity with the guidelines of the EU International Commission on Non-Ionizing Radiation Protection. With regards to the impact on the view, the mast is to be located some 35 metres to the north east of the house. The majority of the mast will be screened by the intervening trees with only the top 4 metres being visible above the trees. Loss of view is not a material planning consideration whereas impact on visual amenity is. In this case, the visual impact is not considered to be so significant as to justify refusing planning permission. In any event views of the mast from this property (and from No 1 Kirkview Road) will be oblique.

4. Planninn Assessment and Conclusions

4.1 Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The Cumbernauld Local Plan 1993 does not contain a telecommunications policy. The proposal is not contrary to policy housing policy HG4.

4.2 In complying with guidance given in NPPG 19 and PAN 62, the applicant considered a number of potential sites before deciding upon the application site. Other options that were considered included land at the Weavers Public House and at McCashin’s Service Station. These options were dismissed because of lack of interest on the part of the site owners. Various other locations were considered on Condorrat Ring Road (including the opposite side of the road) but these were dismissed because of the presence of underground utilities. Site sharing was not a possibility and there were no viable options to conceal or disguise the equipment on existing buildings or structures.

4.3 Further complying with guidance given in NPPG 19 and PAN 62, the proposed slim line monopole will be set against the established trees that separate the houses on Laightoun Gardens from Condorrat Ring Road. The nearest house to the proposed mast is 30 metres away. No 7 Laightoun Gradens is some 36 metres away from the mast. Being located against a backdrop of trees, and adjacent to existing lighting columns, it is considered that the mast will be absorbed in the street scene. It is therefore considered that the proposal would have a minimal impact on the visual amenity of the surrounding area. 4.4 Having considered all the relevant issues in this case, it is recommended that planning permission should be granted. It should be noted that Condorrat Community Council has requested that a hearing takes place before this application is determined by the Planning Com m ittee. Application No: N/07/00276/FU L

Date Registered: 20th February 2007

App Iican t : Mr John Rafferty 2 Drumglass Steadings Near Croy G65 9TR

Development: Erection of 1.8 Metre Fence

Location: 2 Drumglass Steadings

Ward: 64 Croy And Kilsyth South And Smithstone Councillor Francis Griffin

Grid Reference: 271991 675477

File Reference: N/07/00276/FUL

Site History: 04/00239/FUL Change of Use of Waste Land to Garden Ground Approved 21/04/2004 04/01027/FUL Construction of a Garage Approved 28/07/2004 04/02156/AMD Construction of a Garage (Amendment to Planning Application N/04/01027/FUL) Approved 02/03/2005

Development Plan: The site is covered by Green Belt policies in the Kilsyth Local Plan 1999

Contrary to Development Plan: No

Consultations:

Representations: 1 letter 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 the fence hereby approved shall match the design and height of the existing fence at 2 Drumglass Steadings.

Reason: In the interests of visual amenity.

3. That a visibility splay of 2.5 metres by 160 metres, measured from the driveway of Drumglass Cottage shall be provided. For the avoidance of doubt, this shall require the relocation of the N/07/00276/FUL Mr J Reilly ii 2 Drumglass Steadings Croy 1:2,500 ' Erection of a 1.8 Metre High Fence *Representation boundary fence outwith the required visibility splay highlighted in BLUE on the approved plans.

Reason: To ensure satisfactory vehicular access to and from Drumglass Cottage.

Background Papers:

Application form and plans received 20th February 2007

Letter from Christine & Michael Insley, Drumglass Cottage, Kilsyth, G65 9TR received 2nd March 2007.

Kilsyth Local Plan 1999

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 61 6463.

DATE: 14'h March 2007 APP LICAT1 ON N0. N/07/00276/FU L

REPORT

1. DescriPtion of Site and Proposal

1.1 This application is for the erection of a 1.8 metre high fence on land associated with 2 Drumglass Steadings, near Croy. It is proposed that the fence will match the existing rear garden boundary fencing at nos. 2 - 10 Drumglass Steadings.

1.2 The area to be fenced off sits north of Drumglass Cottage and was granted a change of use from waste land to garden ground in April 2004.

2. DeveloPment Plan

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

2.2 In terms of the Kilsyth Local Plan 1999 the site is covered by Green Belt policies.

3. Consultations and Rewesentations

3.1 My Traffic and Transportation Section have commented that a visibility splay of 2.5m x 160m is required within which nothing higher than 900mm is to be erected, due to the location of the neighbouring driveway. This matter can be dealt with as a condition.

3.2 One letter of objection has been received from the residents of Drumglass Cottage who abut the application site. The main points of objection and my comments thereon are as follows:-

0 The proposal is contrary to the Local Plan as the land is zoned as Green Belt.

Comment: While the land is zoned as Green Belt in the Kilsyth Local Plan 1999 it is garden ground associated with 2 Drumglass Steadings (Approved in April 2004).

0 The land is currently being used as a builder’s yard without the benefit of any permissions. There is concern that if approved, the fence would allow more material to be stored on site.

Comment; At present there are plant, machinery and some building materials on the ground. This matter will be investigated further, and, if necessary, the appropriate enforcement action will be initiated to ensure that the land remains as garden ground.

0 The boundary treatments in the area are either hedgerows or dry stone walls. A modern wooden fence would be out of character. The objectors’ house faces north, unlike the rest of the houses at Drumglass Steadings, therefore having the equivalent of a back fence at the front of their property.

Comment: I am satisfied that the proposed fence will tie in adequately with the rest of the boundary fencing at Drumglass Steadings, and will have a minimal impact on the adjacent residents.

0 A 1.8 metre high fence adjacent to the objectors’ driveway will restrict their view of the road, which is used by heavy goods vehicles. The road is already a well known accident black spot. Comment: My Traffic and Transportation Section have stated that a visibility splay of 2.6m x 160m is required in order to protect the neighbours’ visibility when exiting the driveway. This matter can be dealt with by attaching a planning condition.

It is stated that amenity and outlook has been lost by the construction of roads associated with the renovated properties at Drumglass Steadings and the large detached garage. A fence will remove their only open aspect.

Comment: The roads and garage are bound to have had some impact on the objector’s amenity and outlook. It is considered that the construction of a 1.8 metre high fence (which will be approximately 8 metres from the front elevation of their house) will have little impact on amenity and outlook.

The objectors are concerned that access to their septic tank (which is located on the applicant’s land) will be restricted by the proposed fence.

Comment: The above is a legal matter between the parties and is not material to the consideration of this application.

It appears that part of the fence is to be constructed on land owned by the objector, and they require clarification of where exactly it is proposed.

Comment: This is a legal matter between the parties involved and is not a material planning consideration. The submitted plans clearly outline the intended location of the fence.

4. Plannina Assessment and Conclusions

4.1 Under section 25 of the Town and Country planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. It is considered that the development will have a minimal impact on the adjacent neighbours providing the visibility from their driveway is maintained (which can be conditioned). Notwithstanding the objections raised and discussed in Section 3 above, it is recommended that planning permission be granted.

4.2 The issue of the use of the ground as a “builder’s yard’’ will be followed up separately. Application No: C/07/00025/FUL

Date Registered: 9th January 2007

Applicant: Glenboig Neighbourhood House 50 - 52 Main Street Glenboig ML5 2QT

Agent Christina McGready Council Play Services Buchanan Tower G33 6HR

Development: installation of Landscaped Play Area

Location: Land East Of 73-1 15 Marnoch Drive Marnoch Glenboig North Lanarkshire

Ward: 33 North Central and Glenboig Councillor Mary Clark

Grid Reference: 271684 669072

File Reference: PLIGBMI 6OXIGAIDM

Site History: P80102 Formation of Temporary Caravan compound. Granted

Development Plan: District Local Plan 1991, Policy HG9 (Existing Residential Area)

Contrary to Development Plan: No

Consultations:

Representations: 7 letters of representation received one with 20 signatories.

Newspaper Advertisement: Advertised 14'h March 2007

Recommendation: Grant Subject to the Following Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 Planning AppllcsUon No C1071000251FUL Installation of Landrcapcd Play Area Land East of73416 Marnoch Drlve Glenbolg %Area 1.bSHA Representations e resentallonr Made from Glenbolg Gala Day Group Our Lady 8 St Joscph's RC Church, Our Lady 8 St Joseph's Nursery Class The Glenboig Mother 8 Toddlers hltoScas 2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

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

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

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

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

5. That prior to the play equipment, approved under the terms of condition 6 below, being brought into use, the management and maintenance scheme approved under the terms of condition 4 shall be in operation.

Reason: To safeguard the residential amenity of the area.

6. That before the development hereby permitted starts full details of all play equipment shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

7. That prior to the play equipment, approved under the terms of condition 6 above, being brought into use, all landscaping, footways, car parking and fencing shall be completed to the satisfaction of the Planning Authority.

Reason: To safeguard the residential amenity of the area.

If granted, this application will have to be notified to the Scottish Ministers in accordance with the Town and Country Planning( Notification of Applications) ( Scotland) Direction 1997 because of the Council’s Interest in the site. Background Papers:

Application form and plans received 9th January 2007

Letter from R Ryan & Signatories, 93 Marnoch Drive, Glenboig, Coatbridge, ML5 2RF received 22nd January 2007. Letter from D &A Kane, 71 Marnoch Drive, Glenboig, ML5 2RE received 26th January 2007. Letter from Glenboig Gala Day Group, Clo Glenboig Neighbourhood House, 50 - 52 Main Street, Glenboig, ML5 2RX received 5th February 2007. Letter from Father Tom Devine, Our Lady & St Joseph's Presbytery, South Medrox Street, Glenboig, ML5 2RX received 12th March 2007. Letter from The Glenboig Mother & Toddlers, C/o C Grant, 3 Glenboig Cottage, Glenboig, Coatbridge, ML5 2QZ received 12th March 2007. Letter from S Wright, Our Lady & St Joseph's Primary & Nursery Class, Elmira Road, Muirhead, G69 9ER, received 12th March 2007. Letter from F Barker, 81 Marnoch Drive, Glenboig, ML5 2RF, received 12th March 2007.

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

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 812375.

Date : lgthMarch 2007 APPLICATION NO. C1071000251NID

REPORT

1. Description of Site and Proposal

1.I This application seeks permission for the installation of children's play area and landscape improvements in the Marnoch district of Glenboig village north of Garqueen Loch. The site is bounded by mature woodland to the east and overlooks open countryside to the north. The west of the site is bounded by residential properties 73-115 Marnoch Drive, which sit in an elevated position overlooking the site and approximately 18-20 metres away. The site currently has an existing slide, swings and two climbing frames, positioned on an area of hard standing and is accessed from Marnoch Drive. The north west of the site is a steeply graded towards the woodland but the southern end of the site is level. The western side of the site also has a number of wooden 'lockup' structures, which face on to Marnoch Drive.

1.2 The applicant is the Glenboig Neighbourhood House community group who will operate the facility on Council owned land for the benefit of the village. The site is partially funded from private developers in the area who have contributed funds via legal agreements with the Council to provde play facilities in lieu of play provision within their individual housing developments. The remainder of the funding will come from other grants.

2. Development Plan

2.1 The Monklands District Local Plan 1991. Assessed under policy HG9 (Existing Residential Areas). There are no strategic issues with this application.

3. Consultations and Representations

3.1 Following the statutory neighbour notification process 1 letter with 20 signatories and 6 letters of support were received.

3.2 The representations against the development proposal can be summarised as follows; Spoiling natural surroundings - the natural surroundings will be spoiled by the installation of play equipment. Noise and Litter Pollution - from teenage users of the park will become a problem for residents. House prices - this type of development will result in property devaluation. General park appearance - play structures will be visible from Marnoch Drive giving a negative perception of the areas visual amenity.

Infrastructure - the park will attract people from out with the area giving rise to parking problems. Lighting - if proposed would encourage youths to hang around the park in the evening. Safety and supervision - concern over supervision of the park at night when antisocial incidents may arise. 3.3 The representations in favour of the proposal can be summarised as follows;

0 It will be positive asset for children in the village.

Act as a focus for recreation in the area and will contribute to the regeneration of the village. 0 Further enhance the appearance of the village

Would be an asset for the village

0 Will contribute to providing enhanced outdoor facilities within the village.

0 Will provide a meeting place for young people to enjoy.

4. Planning Assessment and Conclusions

4.1 Under Section 25 of the Town and Country Planning (Scotland) 1997 requires that regard is to be had to the development plan and determination shall be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 As noted above the site falls within an area zoned as HG9 (Existing Residential Area). The current proposal is an upgrading of the existing play provision and introduces landscape improvements. The current proposal would be considered an improvement to the existing play provision on this site The principle of developing this area of land for improved recreational purposes is acceptable. The acceptability or otherwise is therefore related to considerations material to the proposal which are.

I. Consultation Responses. II. Representations. Ill. EnvironmentaVamenityimpact.

4.3 None of the consultees have raised objections.

4.4 The representations against the proposal are addressed as follows

a) The site falls within an area zoned as existing residential area and has no intrinsic or designated high landscape value. Notwithstanding landscape quality the proposal is considered a sustainable use of open space in line with the aims of NPPGll (sport, physical recreation and open space). It is considered that landscape improvements and the replacement of obsolete existing play equipment brought about by this proposal would enhance the area.

b) Maintenance of the park would continue by the promoting community group litter collection would be addressed. There would be some noise generated by children playing but the site is already an established play area.

c) Property valuation is not a material planning consideration.

d) It is considered that the replacement of obsolete equipment and landscape improvements will enhance rather than detract from the visual amenity of the site.

e) Parking facilities are being provided at the southern end of the site.

f) No lighting is proposed as part of this application. g) It is considered that anti social behaviour and crime are not material planning considerations however it is worth noting that a report forwarded by Strathclyde Police, as part of the secured by design initiative describes the crime profile of Glenboig village as low with a healthy village atmosphere maintained.

h-m) With regard to the points of support put forward, those are all aims which are fully endorsed by Local Plan Policy LR12 Improve Play Areas and Incidental Open Space and supported by national guidance.

4.6 It is considered that amenity will be enhanced by the landscape improvements and the replacement with obsolete play equipment with new.

4.7 The proposal is acceptable for the reasons outlined above and it is recommended that planning permission be granted subject to the recommended conditions. In view of the fact that the Council owns the land and that a substantial number of objections have been submitted against the proposal, the matter will require to be referred to the Scottish Ministers. Application No: C/07/00184/FUL

Date Registered: 5th February 2007

Applicant: 02 UK Ltd Clo Agent

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 1DE

Development: Erection of 17.5M High Telecommunications Monopole

Location: Land At 50 Main Street Plains Ai rdri e North Lanarkshire ML6 7JE

Ward: 46 Plains And Councillor Thomas Morgan

Grid Reference: 279298666485

File Reference: C/PL/PLM/03000050/SMVEL

Site History: C/O5/01029/OUT Change of Use of Industrial Land to Residential (In Outline) granted 14/09/2005

C/06/00746/REM Erection of Residential Development (41 Units) granted 19/07/2006

C/06/01895/AMD Erection of Residential Development Comprising 62 Units (Amendment to C/06/00746/REM) granted 22/12/2006

Development Plan: The site falls within an area designated as ECON 2 (Existing General Industrial Areas) Monklands District Local Plan 1991. In addition policy TEL 1 (Telecommunications Development) also applies.

Contrary to Development Plan: No

Consultations:

Representations: 1 letter of representation

Newspaper Advertisement: Not Required

Recommendation: Refuse for the following reasons:.

1. That the proposed monopole is contrary to the provisions of policy TEL 1 (Telecommunications Development) in the Monklands District Local Plan 1991 in that it would result in an unacceptable adverse environmental impact on the amenity of the proposed residential development adjoining the site.

2. That it has not been demonstrated how the site of the mast will be accessed to allow its construction and maintenance as the housing layout for the remainder of the site, previously granted permission, does not allow for the retention of the access arrangements indicated on the plan submitted with this application.

Background Papers:

Application form, plans and supporting statement received 5th February 2007 Revised Plans Received 1gth March 2007

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

Letter from Mrs Ann Dick, Secretary, Plains Community Council, 18 Victor Street, Plains, Airdrie, ML6 7JX received 1st March 2007.

Memo from NLC Transportation received lgthMarch 2007

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

Date: lgthMarch 2007 APPLICATION NO. C/07/00184/FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is being sought for the erection of a 17.5 metre high telecommunications monopole and associated equipment. The application site is located in the south west corner of a vacant site at 50 Main Street, Plains and is set back approximately 105 metres from the A89. The site is bound to the north by the A89, to the south and west by greenbelt and to the east by Rowan Timber site.

1.2 The applicant initially proposed a monopole 18.2 metres high with 3 visible antenna. In the course of processing the application revised plans were submitted reducing the height of the monopole to 17.5 metres and utilising a shroud to screen the antenna. The associated ground based equipment cabinets are to be located within a 5metre by 3.5 metre compound.

1.3 Currently the closest residential property is located approximately 130 metres from the proposed development. However, the remainder of the site has been granted full planning permission for a residential development. Should this residential development go ahead, in line with the most recently approved plans, then the proposed monopole would be approximately 12 metres from the nearest residential property.

2. Development Plan

2.1 The site is designated as ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991. This policy supports the retention, improvement and continuation of the prominently industrial character of the area. In addition policy TEL 1 (Telecommunications Development) also applies.

3. Consultations and Representations

3.1 The Transportation Section was consulted and has objected on the following grounds:

(i) The proposed development would be served from an access leading from Main Street, which forms part of the route classified as the A89, opposite its junction with Stanrigg Street, as opposed to an absolute minimum junction spacing of 150m. (ii) No turning facilities are proposes within the development site to allow vehicles to enter and leave in a forward gear.

3.2 Following standard neighbour notification procedures 1 letter of objection was received from Plains community council. The main points of objection are summarised below. The community council considers that:

i. the closeness of the proposes location to the proposed housing development in which the telecommunications monopole would be sited has not been taken into account by the applicant and is dealt with inconsistently throughout the application.

ii. the option appraisal process is flawed and the rationales are inconsistent.

iii. research does not support that there would be no long-term effects on those living close to such a structure.

iv. the applicant has not accurately reflected the village and has not recognised the impact of this proposal or the potential housing development which will surround the site. v. the community council urges North Lanarkshire Council to take full cognisance of the previous plannirrg 'applications submitted for this site.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposals require to be assessed against the development plan and any other relevant material considerations.

4.2 The application site is located is located in an area designated as ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991 which supports the retention, improvement and continuation of the industrial character of the area.

4.3 Policy TEL 1 (Telecommunications Development) states that any telecommunications developments will be considered with regard to national policy and against economic benefit, specific locational need, and environmental impact.

4.4 The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in 2G coverage, which it claims will be of general benefit to business and domestic users in the area. NPPG19 explains that the aim of telecommunications policy is to ensure that business and domestic users have a wide range of choice and there is equitable access to the latest technologies which will enable business growth by opening up new markets and new and diverse innovative services. It is accepted that the service provided by the mast will be of general benefkto the community; however, it is unlikely that this economic benefit could be measured.

4.5 Consideration requires to be given to fact that the industrial policy ECON 2 (Existing General Industrial Areas), due to recent planning approvals, may now be outdated. Approval was given in September 2005 for a residential development (in outline), the reserved matters application was approved in July 2006 for 40 units and an amendment application to alter the house types and include flats (total 61 units) was approved in December 2006. The current proposal takes no account of the previous approvals on the site. The existing site access is shown to remain whereas this is to be relocated to serve the housing development. If the existing access were to be used to allow the mast to be constructed prior to the housing being developed, it has not been indicated how maintenance access would be possible. Transportation have pointed out that the existing access is unsatisfactory due to its position relative to other junctions on the A89 and there is no turning facility within the site. However, the access does exist at present and the site has now been cleared which would allow initial construction to be technically possible.

4.6 In terms of environmental impact it is appreciated that the applicant is proposing a monopole to minimise visual impact. However, the height of the proposed mast at 17.5 metres would be visually prominent on the skyline, higher than the proposed flats immediately adjacent (approximately 10.8 metres high) and almost double the height of any street lighting columns to be erected as part of the adjoining residential development. It is therefore considered that the monopole will be visually intrusive on the surrounding area. The monopole and the ground based equipment cabinets would be located within a communal landscaped and parking area associated with the proposed flats.

4.7 NPPG 19 provides support for telecommunications development, where the applicants have demonstrated the ability to carefully consider the siting and design options, and where possible the environmental effects have been minimised. With regard to PAN 62 it should be noted that the preferred location for telecommunication masts and equipment is in unobtrusive locations. With regard to this application it is felt that the location of the proposed monopole at such a height with little in the way of screening and in close proximity to proposed housing does not meet national policy in respect of sensitive and unobtrusive locations. In addition, the applicant has not taken into account the future proposals for the site which eliminates the access arrangements shown on the submitted plan.

4.8 In relation to the letter of objection points (i), (iv) and (v) have been addressed in the body of this report. In response to point (ii) the applicant has demonstrated that several sites have been taken into account prior to this one being put forward for development. These have all been discounted due to insufficient signal coverage, failure of the site owners to agree to have a mast on their land or unacceptable environmental impact. The applicant considers the application site to be the best option available. In respect of point (iii) the applicant has provided the relevant ICNIRP certificate.

4.9 In conclusion, the proposed development is considered contrary to the Development Plan in that it is contrary to Policy TELI Telecommunications Development by failing to take adequate account of the environmental impact in terms of the visual intrusion and its impact on the amenity of the adjoining future residential development. The practicalities of access for construction and maintenance in view of extant planning permissions on the site have not been addressed It is therefore recommended that planning permission be refused for the reasons stated. Application No: C/07/0021I/OUT

Date Registered: 6th February 2007

Applicant: Mr & Mrs Jack 33 Bridge Street Longriggend North Lanarkshire

Development: Erection of Dwellinghouse

Location: Land North Of 33 Bridge Street Longriggend North Lanarkshire

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 281936670185

File Reference: CIPLILTB693ILMIDM

Site History:

Development Plan: The site is covered by policies GB2 (Restrict Development in Countryside Around Towns), HGI0 (Residential Development Outwith Residential Areas), ENV4 (Clearance of Derelict Sites) and LI 1/5 (Landscape Improvement: Devastated Landscape) in the Monklands District Local Plan 1991.

Contrary to Development Plan: Yes

Consultations: None

Representations: 1 Letter of Representation

Newspaper Advertisement: Advertised on 21st February 2007

Recommendation: Refuse for the Following Reasons:-

1. That the proposed dwellinghouse, for which no locational need has been identified, is contrary to the terms of the Development Plan as the site extends beyond the designated urban area of Longriggend village into an area zoned as ‘GB2: Countryside Around Towns‘ within the Monklands District Local Plan 1991 and its development cannot be adequately justified.

2. That the proposed dwellinghouse is contrary to Policy HG10: ‘Residential Development Outwith Residential Areas’ in the Monklands District Local Plan 1991 which presumes against new build residential development outwith existing residential areas. In addition, the proposed development does not meet any of the criteria for acceptable development as listed within that policy. Planning Application No. C/07/0021I/OUT

Erection of Dwellinghouse

Land North of 33 Bridge Street, Longriggend N

Jlr Representation Background Papers:

Application form and plans received 6th February 2007 Letter from WN Hepburn, 28 Bridge Street, Longriggend, Airdrie, North Lanarkshire, ML6 7SA received 14th February 2007. Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Ms Leigh Menzies at 01236 812372.

Date: 19 March 2007 APPLICATION NO. C1071002111OUT

REPORT

1. Description of Site and ProDosal

1.I This application is for the erection of a dwellinghouse (in outline) on Bridge Street, north of Longriggend on the edge of the village boundary. The site is currently made up of two parts; the southerly element is currently part of the garden ground of 33 Bridge Street, with the northerly section an area of rough grass which contains part of an existing agricultural poly-tunnel.

1.2 The application is for a dwellinghouse (in outline). As the application is in outline no detailed proposals have been submitted in terms of site layout, house type etc as these matters would be considered at the reserved matters stage, should this application be successful. There has been no justification submitted in support of the application relative to a business requiring a rural location.

1.3 The application requested that the following supporting information be taken into account when determining the application:

a) A drainage consultant has been contacted and advised that there are options available to meet and overcome the needs and requirements of SEPA. b) The proposed plot is approximately 24 metres wide x 58 metres deep and would contain a detached dwelling, providing 4 bedrooms and integral garage. c) Access would be from Bridge Street in line with the access to No.28 opposite or further up Bridge Street if this was deemed more suitable. The proposed plot would include part of the existing lawn area at the front and side of the existing house. d) It would appear that this application site falls slightly outwith the current village boundary in the Monklands District Local Plan 1991. However this boundary is of irregular shape of which there is no obvious natural landscape reason. The application site falls within the village speed limit boundary and would mirror the fact that there is a dwellinghouse situated directly across the road.

2. Development Plan

2.1 The site is zoned GB2 (Restrict Development in Countryside Around Towns), ENV4 (Clearance of Derelict Sites) and LI 1/5 (Landscape Improvement: Devastated Landscape) in the Monklands District Local Plan 1991. The proposal is also assessed against the Design Guidance on lnfill Housing development associated with policy HGIO Residential Development outwith Residential Areas in the Monklands District Local Plan 1991. As this application raises no strategic issues, it can be assessed in terms of the local plan policy.

3. Consultations and Representations

3.1 Following the standard neighbour notification and advertisement in the local press, 1 letter of representation was received, the main points of which are as follows:

a) No details are provide’d regarding the size and location of the development, and it may cause overshadowing to the objector’s property and possibly be detrimental in terms of privacy. b) No details have been provided in respect of parking, lack of this within the development may cause parking on a narrow road close to a junction. c) Erection of a dwelling in this location would affect the outlook of the objector’s property that would be especially disagreeable if any dwelling constructed were to be two storeys. d) Lack of detail provided and ability to raise further concerns regarding size, location and appearance. 4. Planninn Assessment and Conclusions

4.1 The proposal requires to .be assessed under the terms of the development plan and any other material considerations. There are no significant strategic issues.

4.2 The site is zoned GB2 in the Monklands District Local Plan 1991. Policy GB2 states that isolated development in the countryside around towns shall not accord with the local plan unless there is a specific locational need. Proposals that have a specific locational need then need to be justified against the following criteria: economic benefit, specific locational need, infrastructure implications and environmental impact. In this instance, no specific locational need for a new dwellinghouse on this site has been provided. There would be no residual economic benefit to the local community. There would be little infrastructure implications other than the provision of an additional drainage facility and the proposal would not result in any environmental improvements that would justify approval. As there is no specific locational need the proposals can not be justified against the terms of policy GB2.

4.3 In addition policies ENV4 and LI 1/5 are also relevant. These policies give priority to schemes for the clearance of derelict land within the proximity of built up areas and would treat applications in these areas as an opportunity to effect improvements on the landscape. It is considered however that the proposals would not offer any significant improvement to the surrounding landscape and the construction of a dwellinghouse is not always the most appropriate option to improve the landscape. In addition the above policies cover large areas of land and the application site is only a small proportion and it is considered that the granting of planning permission would not contribute to the larger area. Overall the proposals would be considered as being contrary to the terms of the development plan.

4.4 Policy HGIO (Residential Development Outwith Residential Areas) applies housing policy within the rural context. This policy states that development will not be permitted outwith residential areas unless it occurs in identified housing sites in the Local Plan, is a minor development in a Secondary Core Area, General Urban Area or is justified under policy GBI. The proposal is therefore contrary to policy HGIO.

4.5 In relation to the supporting information provided by the applicant, these area addressed as follows:

a) In terms of the provision of drainage to the development, it is considered that should permission be granted that there is adequate space to allow for any measures that may be required by SEPA. b) Regarding the detail of the house type this is not currently under consideration and would be dealt with the submission of any reserved matters application. c) With reference to the exact location of the access this again would be a matter that would be clarified with the submission of any reserved matters application. d) In terms of the location of the boundary of Longriggend, the approved local plan puts the vast majority of the application site outwith the village envelope. It would be reasonable to assume that the boundary was originally drawn to encompass the existing properties within the village rather than following any natural feature. In addition, regarding the location of the speed limit signs these would have been located with reference to road safety and are not meant to reflect the extent of the village boundary.

4.6 In relation to the grounds of objection, these are addressed as follows:

a) Regarding the level of detail provided the application is in outline therefore no details regarding the location and design of the property require to be provided. Notwithstanding this it is considered that, should the policy criteria be met, that a dwellinghouse could be located on this site which would not affect the daylight and privacy of the surrounding properties. b) With reference to the issue of parking, again no details require to be provided as part of the application at this stage, however, again it is considered that adequate parking could be provided within the curtilage of the development. Should the application warrant approval this requirement would be basis of a planning condition. c) In terms of the preservation of the outlook of the objector’s property this is not a material planning consideration. d) Regarding the lack of detail, should this proposal be approved, a further planning application would require to be submitted in respect of design, exact location etc. at which point the surrounding neighbours would be re-notified and be given the opportunity to comment further on the detail.

4.7 In conclusion, therefore, it is considered that the development is contrary to the terms of the development plan and that there are no material considerations that would merit departing from those policies. It is accepted that the site could accommodate a dwellinghouse and it is likely that the design guidance associated with policy HGIO could be met, but the proposal remains contrary to the principal elements of the policy which mitigates against development outwith designated urban areas. While the proposal is not of a scale in itself to be of strategic importance it is considered contrary to the aims of the Glasgow and the Clyde Valley Joint Structure Plan which seeks to control growth of built up areas in the wider countryside. It is therefore recommend that planning permission be refused for the attached reasons.

. _,. Application No: C/07/00237/OUT

Date Registered: 12th February 2007

Applicant : Tryst Property Holdings 10 Avonhead Road Cumbernauld G67 4RA

Development: Construction of Three Storey Block of Nine Flats

Location: 13 Old Monkland Road Coatbridge Lanarkshire ML5 5EA

Ward: 38 Kirkshaws Councillor John Higgins

Grid Reference: , 272763 663577

File Reference: C/PL/CT049503/LM/EL

Site History: U881433 Alterations and Extension To Dwellinghouse Granted 28 October 1988 C/92/247 Erection of Single Storey Rear Extension to Dwellinghouse (In Retrospect) Granted 25 June 1992 C/01/00087/FUL Erection of Side Extension to Dwellinghouse Granted 13 March 2001 C/01/00913/AMD Re-roofing of Property (1st Amendment to Planning Permission C/01/00087/FUL) Granted 24 August 2001 C/05/01864/OUT Residential Development (In Outline) (12 Flatted Properties Comprising 4 Storeys) Refused 29 November 2006

Development Plan: This site is located within an area covered by policy HG9 (Existing Housing Areas) in he Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: NLC Education (No Objection) Scottish Water (Comments) Scottish Power (Comments)

Representations: 6 Letters of Representation

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. --1

Planning Application No. C/07/00237/OUT

Construction of Three Storey Block of 9 Flats 2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of open space; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) details for management and maintenance of the areas identified in (d) and (e) above; (9) the design and location of all boundary walls and fences; (h) the provision of drainage works; (i) the disposal of sewage; (j) details of existing trees, shrubs and hedgerows to be retained; (k) details of existing and proposed site levels.

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

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 4. That notwithstanding condition 2 above, before development starts the applicant shall demonstrate to the Local Authority that Scottish Water has no objection to the connection of the development to the public sewer and water system, with particular attention to the avoidance of flooding. * .. Reason: To ensure the provision of adequate sewage and water facilities.

5. That notwithstanding condition 2 above, the reserved matters application referred to in condition (2) above shall include, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Plannina Authoritv, and for the avoidance of doubt the scheme shall comdv with the Scottish Environmental Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest 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 responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

7. That the development shall comply in all respects with the Council's Developers Guide to Open Space policy.

Reason: To ensure that the site layout has satisfactory open space provision and space around dwellings. 8. That the development hereby permitted shall be no greater than 3 storeys in height.

Reason: In the interests of visual amenity and to preserve the character of the surrounding area.

9. That any structure erected within the application site shall be a minimum of 2 metres from the site boundary.

Reason: In the interests of visual amenity and to preserve the character of the surrounding area.

10. That the proposed access to the development shall be via a dropped kerb arrangement 6 metres wide.

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

11. That the reserved matters application referred to in condition (2) above shall include the relocation of the proposed access onto Old Monkland Road further to the east at a point to be agreed in writing with the Planning Authority.

Reason: To ensure satisfactory pedestrian safety due to the proximity of the existing Puffin Crossing facility.

12. That the reserved matters application referred to in condition (2) above shall include the provision of visibility splays of 2.5m x 90m onto Old Monkland Road.

Reason: To ensure adequate sightlines to the proposed development in the interests of road safety.

13. That notwithstanding condition 2 above, the proposed parking area shall comply with the following:

(a) 15 parking spaces to be provided (b) Each parking space to be no less than 5.0m x 2.5m (c) Parking court access to be 6.0m wide (d) Parking spaces and access road to be surfaced in appropriate hard surface, details of which shall be agreed in writing with the Planning Authority.

Reason: To ensure satisfactory vehicular parking facilities to the dwellings in the interests of amenity and road safety. Background Papers: Application form and plans received 12th February 2007 Letter from Scottish Water received 26th February 2007 Letter from Scottish Power received 20th February 2007 Memo from Protective Services Section received 8th March 2007 Memo from Education received 7th March 2007 Letter from Mr & Mrs Kennedy, 19 Old Monkland Road, Coatbridge, ML5 5EE received 15/02/07. Letter from B Gordon, 21 Old Monkland Road, Coatbridge, ML5 5EE received 15/02/07. Letter from Mr & Mrs Murphy, 15 Old Monkland Road, Coatbridge, ML5 5EE received 15/02/07. Letter from Mr & Mrs Simpson, 17 Old Monkland Road, Old Monkland, Coatbridge, ML5 5EE received 15/02/07. Letter from R 8 E Donald, 94 Old Monkland Road, Old Monkland, Coatbridge, ML5 5EB received 22nd February 2007. Letter from M & A Hamill, 100 Ailsa Road, Coatbridge, ML5 5HZ received 22nd February 2007. Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Ms Leigh Menzies at 01236 812372.

Dated: 19 March 2007 APPLICATION NO. C10710023710UT

REPORT

1. Description of Site and Proposal

1.I This application is for a residential development (in outline), of 9 flatted properties over 3 storeys, with associated parking and open space. The application site is currently occupied by 2 semi-detached dwellinghouses with their associated gardens, which are currently vacant. The site is level and is bounded by 2 storey residential properties to the north and west. To the east is located the newly constructed St. Timothy’s Primary and further to the south Coatbridge RC Secondary.

1.2 It is proposed that the existing semi-detached property would be demolished and a flatted block constructed on the site. As the application is in outline no detailed proposals have been submitted in terms of the site layout, house types etc. as these matters would be considered at the reserved matters stage, should this application be successful. Notwithstanding this, the applicant has submitted plans specifically indicating that the development would consist of 9 flatted properties contained over 3 storeys. The plans also indicate that the proposal would be to locate the building at the south east corner of the site and that access would be off Old Monkland Road.

1.3 A previous application for the site was refused by the Planning and Environment Committee on 29 November 2006. This previous proposal was also in outline and proposed a 4 storey block of 12 flats, however the development was considered to be inappropriate due to the height, density and lack of provision of open space. Therefore it was considered that in this previous submitted form the development was not in keeping with the scale of the surrounding area.

2.

2.1 The site is designated as HG9 (Existing Housing Area) within the Monklands District Local Plan 1991. As the application raises no strategic issues, it can be assessed in terms of the local plan polices.

3. Consultations and Representations

3.1 Following the standard consultation process Scottish Power has put forward no objection to the development whilst indicating in the normal manner various equipment and underground services either in or adjacent to the site which would require to be protected. The applicant would be advised of thisshpuld the application be approved.

3.2 Scottish Water has indicated no objection to the application should the applicant comply with certain conditions these include:

0 The issues of cost and design. To address this, an appropriate condition would been placed on any approval requiring that before any work starts, the applicant shall demonstrate to the Planning Authority that Scottish Water has no objection to the connection of the development to the public sewer and water system. 0 The submission of a scheme of Sustainable Urban Drainage, this would also be conditioned should the development be approved. 0 As there are known flooding issues within the waste water network serving the development, a condition would be added to any approval requiring the applicant to demonstrate that Scottish Water has no objection to the connection of the development to the public sewer system, and to satisfy the Planning Authority that adequate measures can be taken to ensure that the existing flooding problems in that area will not be exacerbated. 0 The development may involve building over or obstructing access to an existing public sewer. Should planning permission be granted the applicant would be informed of this.

3.3 NLC Education has indicated that as the development has been reduced to a 3-storey development they have no objections.

3.4 Protective Services Section have requested that an investigation be carried out regarding the possible contamination of the site, as this site has been in residential use for some time the applicant would be informed of this should planning permission be granted.

3.5 The Transportation Section has indicated no objection to the development subject to conditions. The issues raised concern the relocation and type of access, provision and maintenance of required visibility splays, retention of the public footpath and paving of the parking court. It is considered that all of the above could be resolved through amended plans and conditions placed on any approval.

3.6 Following the standard neighbour notification procedure 6 letters of representation were received, the main points raised are as follows:

a) Design of the building. The inclusion of flats within the area is radically different to the surrounding properties. In addition 3 and 4 storey flats within the area have been previously been demolished and replaced with 2 storey housing. b) Privacy, the proposed flats would overlook lining accommodation and bedrooms of surrounding properties and the building would also cause overshadowing. c) Increased numbers of cars throughout the day and night resulting in increased noise levels and car headlights shining into neighbouring properties. One objector indicated that this disruption would hinder the recovery of her husband who has suffered 2 stokes. d) Road safety by the obstruction of surrounding driveways due to the increased traffic levels at the proposed access point. e) Child safety as some of the windows would overlook the play area of the adjacent primary school. f) Proposed location of bin sheds close to existing residential properties and the resulting smell and attraction of vermin. g) Some objectors have indicated that they would not have any objection to the development of a 2 storey development in a courtyard style that would contain the parking in the centre.

4. Planning Assessment and Conclusions

4.1 As indicated above, the site is contained within a residential area. In assessing this application the local plan policy and guidance for infill developments is relevant. These seek to protect such areas by opposing development that adversely affects the amenity of established housing. In assessing this proposal in detail it is considered that, in its current form, the proposal is in keeping with the scale of adjacent surrounding properties and the provisions for open space and parking indicated are acceptable.

4.2 In relation to the grounds-of objection, these are addressed as follows:

a) In terms of the height of the proposed development it is considered that the height of the proposal is acceptable as it is in keeping with the scale of the recent adjacent school development. With reference to previous 4 storey flats that were demolished and replaced with 2 storey properties within the surrounding area, the reasons behind their removal were not related solely to their height but to the particular house types within the blocks, and to their site layout and relationship with adjoining open space. With reference to privacy, the relevant policy recommends that a minimum of 18 metres is achievable between.facing windows and in terms of daylight the relevant Building Research Establishment Guidance assesses this issue. The indicative plans provided showed that development of the site would be possible without affecting the privacy or available daylight of the adjoining properties. In terms of the level of noise produced it is considered that this would not cause such a detrimental impact on the surrounding area and warrant refusal of the application. With regard to the possible shining of car headlights into the windows of existing properties, as the plans submitted are only indicative, the level of appropriate screening would be addressed at the detailed application stage. With reference to road safety and increased traffic levels, the Transportation Section has offered no objection to this proposal subject to the provision of a suitable access and in-site parking provision. Regarding the issue of child safety and the overlooking of the development to the adjacent playground the Education Department have indicated that they have no objections to the development. In relation to the location of the bins, the plans submitted are only indicative and this would be a matter that could be addressed on submission of a detailed application. In terms of the proposed layout put forward by some of the objectors regarding a courtyard development the Planning Department are required to determine applications in their submitted form, requests for alterations require to be justifiable in terms of policy. In this instance it was not considered necessary to request any changes to the development.

4.3 In conclusion, having regard to the foregoing, the proposal is considered to be acceptable in terms of the character and visual amenity of the surrounding area in that it satisfies the required criteria set down in the appropriate design guidance in respect of the available level of amenity garden ground, overall height and density. It is therefore recommended that the application be granted subject to the recommended conditions. Application No: S1061013091FUL

Date Registered: 18th August 2006

Applicant: Linda McLean 513 High Street Newarthill MLI 5SP

Development: Formation of Dormers, Increase Height of Roof and Construction of Conservatory

Location: 513 High Street Newarthill Motherwell MLI 5SP

Ward: 19 Cleland Councillor James Martin JP

Grid Reference: 279260 660440

File Reference: S/PL/BF/5/96(41)

Site History: None relevant

Development Plan: Southern Area Local Plan (Modified 2001, 2004 and 2005) Policy ENV6 'Green Belt'

Contrary to Development Plan: No

Consultations: None

Representations: No letters of representation received.

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reason:-

The proposed development would be contrary to Policy HSG13 of the Southern Area Local Plan (Modified 2001, 2004 and 2005) in that the design would be out of keeping with the ridge line of the other houses fronting High Street in this section of the hamlet to the detriment of the streetscape and character of this location. Produced by S / / North Lanukshire Ceunsil Planning Application No. 06 01309 I FUL Planning and Environment Oept Fleming Houm, 2TrystRd Formation of Dormers, Increase Height of Roof and Construction Cumbernauld, 067 1JW klO1236616210 of Conservatoty tax 01238 618232 hl I* This mapisieproducsdhom0dnanc~s~~~~513 Hlgh Street, Newarthill, Motherwell mterlal wth the permissanof Ordnance Suwey MI behalf ofthc Contrdlsr of Her Malssr/a Sabonery Office 0 Crown oepyqht Unsuthori-d repmduchon infringesclwnr mpynghtand may lead 10 prooecutlon or civil proceedings Nom Lanarkshire Ce~nalIoMl23396 2004 Background Papers:

Application form and plans received 1st August 2006

Memo from Transportation Team Leader received 24th August 2006

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

Any person wishing to inspect these documents should contact Mr Alistair Maclean at 01698 302093. APPLICATION NO. S/06/01309/FUL

REPORT

1. Description of Site and Proposal

1.I The proposal involves the formation of dormers, increase the height of roof and construction of a conservatory to a single-storey house.

1.2 The property is a single storey detached dwellinghouse in two parts, the northern section being higher than the southern section. The present building contains two bedrooms and various public rooms including a kitchen added to the rear of the northern part of the house. The front and side are virtually concealed by hedging some 2.5 to 3 metres in height. There is an access onto Biggar Road near the junction with High Street. The present house is predominantly pitched roof with low ridge height, the northern part having a shallower pitch than the southern part.

1.3 The proposal is to form living accommodation in the loft space. In order to gain internal height it is proposed to raise the overall height of the building, incorporating a steeper pitch but in two sections to retain the present differing heights between the two parts of the house. The present northern section of the house will increase from 6 metres in height to 8.7 metres in height to the ridge, whereas the southern section will increase from 5.4 metres to 7.4 metres to the ridge. The roof at the rear of the two sections of the property will be aligned in the same plane with matching pitches at the front. Dormers will be added, four at the front and four at the rear with skylight windows between. A lounge I sun lounge is proposed at the rear which will be a discrete addition with a pitched, hipped roof. It will be predominantly glazed at the sides with a mix of glazed and tiled roof.

1.4 The application site is on High Street, Newarthill, located at the junction of Biggar Road, in the rural area some 200 metres north of the built-up area of Newarthill. The adjacent area comprises some 15 houses in a hamlet known as 'Biggar Road' which has a mix of older and modern houses.

2. Development Plan

2.1 The site lies within the Green Belt (Policy ENV6) in the Southern Area Local Plan (Modified 2001,2004 and 2005).

3. Consultations and Representations

3.1 The Transportation Team Leader had no objections to this proposal.

3.2 No representations from neighbours were received to the application.

4. Planninq Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application raises no strategic issues and needs to be assessed against Local Plan Policies and other material considerations.

4.2 The application site is located within an area designated within Policy ENV6 'Green Belt' which aims to safeguard the character and function of the Green Belt and presumes against development other than those directly related to rural uses. The extension of an existing house in a hamlet in the rural area cannot be considered as having an adverse affect on the character and function of the Green Belt.

4.3 The application requires to be determined under Policy HSG 13 'House Extensions' which sets out the criteria for the assessment of applications for extensions to dwellings including: -

1) the size, proportion and positioning of the extension; 2) its effect on the provision of garden ground; 3) its impact within the street scene and relationship to neighbouring properties, especially the potential effect on privacy and the amount of daylight and sunlight received; 4) its effect on parking provision, access and road safety; and 5) the external finish, roof pitch, window size and design details of the extension. In terms of criterion 1) above, the only addition to the footprint is the rear lounge/sun lounge. This will have a minimal effect on private garden ground and will have minimal impact on neighbouring properties in terms of sunlightldaylight. In terms of criterion 2) the extension in terms of footprint is minimal and there will be adequate garden ground remaining. In terms of criterion 3) the design will increase the ridge height of the house and introduce dormers to the front elevation of the street scene. On Biggar Road many of the older houses have been extended with 'box' dormers at the front, whereas there are no dormers presently at the front of any of the houses on High Street. The design of the proposed dormers is considered to be acceptable and in keeping with the existing building and will be an improvement on previous dormers built onto similar older properties within the hamlet of Biggar Road. However the proposal will raise the height of the building from the present 6 metres in height to 8.7 metres in height to the ridge in the northern section of the building, whereas the southern section will increase from 5.4 metres to 7.4 metres to the ridge significantly above other houses in this area of the street. if this was a stand-alone property the quality of the design detailing would be acceptable however it is not acceptable in this setting. There will be no detrimental impact on the sunlight / daylight currently enjoyed by the neighbouring dwellings from this proposal given the nature of the proposal and there will be no overlooking issues. In terms of criterion 4) there are presently adequate parking and manoeuvring facilities which are unaffected by this proposal. Finally, in terms of criterion 5) there is a mix of materials in the area, but the older houses have predominantly roughcast walls. The roof of the application site is presently slate but a mix of slates and tiles are found in the immediate area. Proposed materials are not stated in the plans but could be conditioned or agreed to match existing.

4.4 In conclusion, the proposed is contrary to Policy HSG13 as the extension would be out of keeping with the ridge line of the other houses fronting High Street in this section of the hamlet and would adversely affect the streetscape character at this location. On this basis I recommend that planning permission is refused for this application. Application No:

Date Registered: 25th October 2006

Ap piican t : NHS Lanarkshire Law House Airdrie Road Carluke ML8 5EP

Agent LBG Waterston Zamek House 20 Old Bothwell Road Bothwell Glasgow G71 8AW

Development: Construction of Medical Centre

Location: Land North Of Greenmoss Place Bellshill ML4 1PS

Ward: 26 West And Thorndean Councillor Joseph Gorman

Grid Reference: 273993660227

File Reference: S/?L/B/7/52/JD

Site History: No relevant history

Development Plan: Adopted Bellshill & Mossend Local Plan 1985 - zoned as Policy E3 Areas Where No Significant Land Use Changes are Envisaged. Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) - zoned as Policy HSG5 Housing Association Development Opportunities. Contrary to Development Plan: Yes

Consultations: Head of Property (comments) Scottish Environment Protection Agency (comments) British Gas (no objection) Scottish Power (no objection) Com munity Services (comments) Scottish Water (no objection) British Telecom (no objection) Scottish Natural Heritage (no objection) Representations: 3 Letters of Representation

Newspaper Advertisement: Advertised on 9th November 2006 Prodwed by Nom Lanarkshire Council Plsnnlng and Enaronment Dspl Fleming Hwse. 2 TytRoad Cumbernauld. 067 1iW LAND NORTH OF GREENMOSS PLACE, BELLSHILL.. te101236616210 faXO1238616232 Recommendation: Grant Subject to the Following Conditions:.

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

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

2. That notwithstanding the terms of condition no. 1 above, development shall not commence until the necessary "Stopping Up Order" has been promoted and successfully confirmed in respect of the roadway of Greenmoss Place as shown on the approved plans.

Reason: To ensure compliance with the relevant legislation.

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

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

4. That before the health centre hereby permitted is occupied, all the fences, or walls, as approved under the terms of condition 3 above, shall be erected.

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

5. That notwithstanding the terms of condition no. 3 above, no gates, fences, walls, or other means of enclosure or obstruction, shall be erected across the car park entrance or in front of the private car parking bays outwith the site, and shall remain unobstructed at all times to the satisfaction of the Planning Authority.

Reason: To ensure that the private car parking bays are freely accessible at all times in the interests of the amenity of adjacent residents.

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

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

7. That prior to installation, details of the external lighting proposed for the car parking area shall be submitted to, and approved in writing by the Planning Authority and should include details of their position, type, dimensions, lux and location of fittings, cable routes and associated electrical equipment.

Reason: To enable the Planning Authority to consider these details in the interests of the amenity of existing residents and highway safety.

8. That all approved external light fittings, exposed cable junction boxes and exposed cables shall be painted in a colour to be approved by the Planning Authority before they are brought into use.

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

9. That before the health centre 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.

10. That before the health centre hereby permitted is occupied, the existing vehicular accesses to the site via Greenmoss Place shall be closed off within the areas hatched in BLUE on the approved plans, by means of footways of related width with full 100 mm upstand kerbs, details of which shall be submitted to and approved in writing by the Planning Authority and thereafter, all vehicular access to the development site hereby permitted shall be taken via a dropped kerb footway crossing at the position shown hatched in PURPLE on the approved plans.

Reason: To ensure satisfactory access arrangements to the site in the interests of highway safety.

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. For the avoidance of doubt, this shall also include confirmation of the long term maintenance arrangements for the proposed treatmentlattenuation system identifying the extent of infrastructure to be vested with Scottish Water.

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

12. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the suitability of the site for the proposed development and protect watercourses from pollution.

13. That following the completion of any or all of the works required under the terms of condition 12 above, a certificate from a suitably qualified person 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 12 and in the interests of Health and Safety.

14. That before the development hereby permitted starts, a scheme of landscaping for the areas hatched GREEN on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; and (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted.

For the avoidance of doubt, the scheme should include native and ornamental tree species beneficial to wildlife and which maximise bio-diversity on the site.

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

15. That within 6 months of the occupation of the health centre hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 14, above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the area and to maximise bio-diversity.

16. 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 grassed, planted and landscaped areas hatched GREEN; on the approved plans; (b) the trees proposed for retention outlined ORANGE on the approved plans; (c) the proposed parking areas; (d) the proposed external lighting; and (e) the proposed fences/walls.

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

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

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

18. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees identified for retention as tree nos. 4702, 4703, 4704, 4705, 4707 and 4715, shown outlined in ORANGE on the approved site plan drawing no. ‘969-WD-01 update’ and ‘Caledon Tree Consultants Arboricultural Survey: Proposed Development at Greenmoss Place, Mossend, Bellshill for NHS Lanarkshire, January 2007‘, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To ensure the protection of trees identified for retention, in the interests of the visual amenity of the site.

19. That the shrub and tree removal hereby permitted shall be undertaken outwith the bird-breeding season (March to August inclusive).

Reason: To minimise the risk to wild birds and their nests to ensure legal compliance with the requirements of the Wildlife and Countryside Act 1981 and the Nature Conservation (Scotland) Act 2004.

1. That should 6 months or more elapse between the timing of the initial bat survey dated January 2007 hereby approved, and development commencing, a further survey shall be undertaken on the existing trees to determine the presence of bats, particularly between the periods of April to August, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats L? c.) Amendment (Scotland) Regulations 2007.

Note to Committee

If granted, the application will require to be referred to the Scottish Ministers in accordance with the Town 8 Country Planning (Notification of Applications) (Scotland) Direction 1997, as the Council own the land and the development constitutes a departure from the Development Plan.

Background Papers: ..

Application form and plans received 9th October 2006 Amendefh plans received 13'h December 2006, lgth January 2007, 26'h January 2007, 2gth January 2007, 14 February 2007, and 6th March 2007

Letters to agent dated 2nd November 2006, and 5th December 2006 Letters from agent received 23rd November 2006, 13th December 2006, 19th January 2007, 26th January 2007, 29th January 2007, February 2007, 14th February 2007, 8th February 2007,and 6th March 2007

Memo from NLCTransportation Section received 17th November 2006 Memo from NLC Geotechnical Section received 12th March 2007 Memo from NLC Protective Services Section received 24th November 2006 Memos from NLC Community Services received 20th November 2006, 13th February 2007 and 20th February 2007 Memo from Head of Property received 15th November 2006 Letter from Scottish Environment Protection Agency received 2"d March 2007 Letter from Scottish Water received 12'h February 2007 Letter from British Gas received 10th November 2006 Letter from Scottish Power received 7th November 2006 Letter from British Telecom received 13th November 2006 Letter from Scottish Natural Heritage received 20thFebruary 2007

Letters from Lanarkshire Housing Association Ltd,l91 Brandon Street, Motherwell, MLI 1RS received 18th October 2006, 25th October 2006, and 7th March 2007

Bellshill & Mossend Local Plan 1985 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

Mossend Development Strategy approved 10 May 2000

Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01698 302104.

Date: 15 March 2007 APPLICATION NO. S/06/01678/FUL

REPORT

1. Description of Site and Proposal

1.1 Consent is sought to form a new medical centre at Main Street, Mossend measuring approximately 1800 square metres in floor area which will replace the existing health centre within Bellshill Town Centre and will be constructed over a combination of 1 and 2 storeys. It will accommodate a range of consulting rooms on the ground floor including physiotherapy, dental surgery, podiatry, children’s’ health, speech therapy, and general treatment rooms. The upper floor accommodates office and administration space. 2 internal courtyards are incorporated within the centre of the building to provide a spacious perception of the building by the visitor. The building is rectangular in shape and will be similar in design and finish to that of the doctors’ surgery directly adjacent to the east. The building will be sited just west of the centre of the site and will afford the provision of 75 parking spaces and ancillary landscaping sited sporadically throughout the car park. The layout of the site was carefully re-designed to enable the retention of 6 of the 14 mature trees which make such a positive contribution to the streetscene. A new vehicular access will be formed at the north western corner of the site from the short section of road, formerly part of Main Street.

1.2 The application site lies within a mixed use area just outwith the eastern edge of Bellshill Town Centre. It occupies a visually prominent position due to fronting Main Street which is the main traffic corridor between Mossend and Bellshill. The site takes a largely rectangular shape, measuring 125 metres in length by 44 metres in width at the widest point. It constitutes one of the last remaining areas of landscaped open space and heralds entry to Bellshill and defines the departure from Mossend.

1.3 The site gently undulates across its length and width by virtue of manmade grass bunding which was constructed to add visual interest. Perimeter mature tree planting is encountered along the west and north boundaries. A large shrub bed lies directly east of the northern line of trees.

1.4 The site is entirely owned by the Council and also comprises the unadopted roadway and turning facility of Greenmoss Place which snakes along the southern boundary. This sub- standard road provides vehicular access to private parking spaces outwith the site used by residents of the flats on Greenmoss Place. The substandard road width and lack of footways on Greenmoss Place make it unsuitable for further intensification of use by vehicles and thus there was an opportunity for improvement under the current application, to stop up this road and thereby allow maximisation of parking on the site and increased traffic safety. This arrangement would however result in residents of Greenmoss Place having to access their parking bays via a privately owned car park, whereas before they took access from a publicly owned unadopted road. In order, that residents would continue to benefit from unrestricted access to their parking bays, the applicant is continuing to undertake discussions with residents and Lanarkshire Housing Association as landlord, to agree legal terms. As such, if the application is granted, a Stopping Up Order will require to be confirmed before development can commence.

1.5 The site is adjoined to the north by the job centre and postal sorting office, to the east by the new doctors’ surgery completed in 2003, to the south and west by 3 storey flats, and further west by a single storey established doctors’ surgery and beyond by Bellshill Town Centre.

1.6 Mossend has witnessed vast regeneration in recent years along its Main Street frontage and has benefited from the development of a new doctors‘ surgery and pharmacy, relocated shopping centre, and provision of a mix of social flatsherraced dwellings. These developments have been achieved as a result of a Regeneration Strategy produced in the late 1990s which established weaknesses in community provision and identified sites which could be utilised to deliver enhancement of facilities. The current application seeks to secure the next phase of regeneration.

2. Development Plan

2.1 The application raises no strategic issues and can therefore be considered in terms of the local plan policies.

2.2 The adopted Bellshill & Mossend Local Plan 1985 zones the site as Policy E3 'Areas Where No Significant Land Use Changes are Envisaged'. The emerging Southern Area Local Plan Finalised Draft (Modified 2001, 2004 €4 2005) zones the site as Policy HSG5 'Housing Association Development Opportunities'.

3. Consultations and Representations

3.1 The utility bodies raised no objections to the proposal and confirmed they could service the site.

3.2 My Transportation Section raised serious concerns over the proposal with regard to the sub- standard level of parking provided to serve the development; the ability for safe passage of pedestrians between the car park and the building; and provision for commercial vehicle manoeuvring within the site. They also advised that Greenmoss Place must be stopped up to render the proposal acceptable in principle.

3.3 My Protective Services advised that a full site investigation should be carried out to determine the existence of any contaminants. They advised on construction hours for the development and that best practical means should be employed to control site dust.

3.4 NLC Property Services confirmed that they were agreeable to selling the land to the applicant for the intended purpose and that extensive discussions had taken place in this regard to agree sale particulars. They also advised that the applicant required to liaise directly with Lanarkshire Housing Association to agree terms to ensure the retention of access rights by residents to their parking bays through the new car park, as no caveat protecting rights would be included in the land sale.

3.5 Scottish Natural Heritage (SNH) and NLC Community Services confirmed that there were no nature conservation designations on the site but requested that a bat survey on the mature trees be submitted for consideration prior to a decision being made on the application. The bat survey was duly submitted and confirmed no existence of bats on the site, which was accepted by SNH and NLC Community Services. The latter also requested that a condition be imposed restricting tree felling to take place between August and March to avoid the bird breeding season. They also suggested that SUDS could be incorporated in the car parking area. Lastly, they requested that landscaping should be provided using native species to further maximise bio-diversity on the site and that as many of the mature trees be retained and protected during development.

3.6 Scottish Water, SEPA and my Geo-technical Section advised they were satisfied with the findings of the flood risk assessment and drainage strategy, which proposes to substantially reduce the rate of flow of surface water to the public sewer from that currently being disposed, provided Scottish Water agree to accept the flows. Geo-technical Section also requested confirmation of the long term maintenance arrangements for the proposed treatmentlattenuation system identifying the extent of infrastructure to be vested with Scottish Water. SEPA further advised on the developers responsibility to meet other legislative requirements in terms of the disposal of clinical waste and importation of waste materials to the site. 3.7 Following neighbour notification and press advertisement procedures, 3 letters of representation were received from Lanarkshire Housing Association (LHA). Concerns were raised due to the traffic, parking and access problems which would be created for residents of the adjoining flats as a result of having to access their parking bays via a privately owned car park, which is a route they understand they would have no entitlement to use. Currently, the bays are accessed via the public unadopted road of Greenmoss Place, however, this is proposed for closure under the terms of the scheme. Due to this, it is likely that residents would choose to park on nearby streets to the detriment of traffic safety. Lastly, they were concerned that the Stopping Up of Greenmoss Place would have the result of denying access to the flats for refuse collection as no suitable alternative provision is shown on the proposals.

3.8 It should be noted that the objector has requested a site visit and hearing to be undertaken prior to determination of the application.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be considered in terms of the local plan policies.

4.2 The site is zoned as Policy E3 'Areas Where No Significant Land Use Changes are Envisaged' on the adopted Bellshill & Mossend Local Plan 1985. This policy states that large parts of the Plan area are not affected by any major development proposals and therefore their existing land uses will remain unaltered. Applications on individual sites within these areas will be determined in respect of the proposals' impact on the general character of the area and highway safety. This policy coincided with the timing of the extensive landscape works undertaken by the former Motherwell District Council where it was not envisaged that any alternative development would take place.

4.3 Subsequent to this, a Regeneration Strategy was developed identifying weaknesses in community provision within Mossend and identified several sites which could be utilised to deliver enhancement of facilities. This Strategy was approved by the Planning Committee in May 2000 and allocated the site for Social Housing development. As such, policy E3 was superseded by the Strategy.

4.4 Taking cognisance of the terms of the Regeneration Strategy, the emerging Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) zones the site as Policy HSG5 'Housing Association Development Opportunities'. This policy states that the Council will support the continued involvement of housing associations and co-operatives in providing a range of housing opportunities. However, subsequent to this, the land use allocations pertaining to the Strategy were not all strictly adhered to in practice and witnessed the alternative provision of social housing on a site further east along Main Street. This was developed in association with a mixed proposal for shops and housing. The proposal sought to relocate shops from the unviable existing shopping centre on Unitas Road. The project has proven to be a commercial success and in turn, has released the land comprising the former shopping centre for re- development which is actively being marketed by the Council for further social housing development. It is therefore considered that the existing and proposed provision of social housing is sufficient to meet the needs of Mossend and can therefore sustain the loss of the application site to alternative development.

4.5 Policy CS1 'Provision of Community Facilities' states that the Council will seek to enhance the range and quality of community facilities by supporting public sector bodies, voluntary organisations, community groups and the private sector in the provision of community facilities, particularly relating to childcare services, where these accord with the criteria established in policy CS4. The principle of the proposal is therefore in accord with this policy particularly in light of the predominance of specialist child care consulting rooms, and will enhance the provision of medical services to the community of Bellshill and Mossend in complement with the adjacent doctors' surgeries. The detailed aspects of the proposal are discussed under policy CS4 below.

4.6 Policy CS4 'Assessing Applications for Community Facilities' lists the criteria that will be taken into account in considering such applications and includes the following: the extent to which proposals meet a shortfall in provision; the suitability and impact of the proposal on the character and amenity of adjoining properties and surrounding environment: detailed design elements such as building height, materials, positioning and access for pedestrians and disabled people; and provision made for vehicular access, parking and impacts on pedestrian safety and traffic circulation. Mossend is currently served by 2 doctors' surgeries which offer only limited services. The new health centre will replace that currently located within Bellshill Town Centre and will provide a significant enhancement and renewal of healthcare facilities, particularly for children. With regards to the impact of the proposal on the character and amenity of the area, it is considered that the site's location sandwiched between the 2 doctors' surgeries makes functional sense and will seek to consolidate the siting of health care facilities in one area, thereby retaining the character of the area. Due to the expansive open space, the site currently acts as a visual softening mechanism on an otherwise heavily built streetscene. It is unfortunate to lose this area, but it is considered that the benefits of additional healthcare provision outweigh the cons from losing this area to further built development. In addition, the layout was carefully amended to enable the retention of some of the mature trees, and compensatory planting for those lost. The siting, scale, design and finish of the building is similar to the doctor's surgery adjacent to the east thereby ensuring that the building will fit comfortably within the established streetscene. Matters relating to pedestrian and vehicular access arrangements are discussed under policy TRI 3 below, but otherwise the proposal is held to comply with policy CS4.

4.7 Policy TR13 'Assessing the Transport Implications of Development' requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. My Transportation Section raised serious concerns over the proposal with regard to the sub-standard level of parking provided to serve the development: the ability for safe passage of pedestrians between the car park and the building; and provision for commercial vehicle manoeuvring within the site. A development of this scale usually requires provision of 128 parking spaces, but my Transportation Section were willing to relax this standard to 110 spaces. The finalised layout shows provision for 75 spaces, which although does not comply with Council standards, it is considered that there are mitigating circumstances on this occasion which render the level acceptable. Although the site is constrained in size, it was chosen for its ease of access by members of the public, being located centrally within Mossend and would provide a suitable replacement location from its current position within Bellshill Town Centre. The site is located just outwith the edge of the town centre and fronts a busy traffic corridor where a bus stop is positioned directly adjacent to the front of the building such that it is anticipated that many patients will arrive at the health centre either by foot or public transport. In addition, the car park of the adjacent doctors' surgery has proven to be utilised on only a maximum 60% basis, indicating a non-reliance on vehicle use by patients accessing these services and the remainder could be used as over-spill facilities for the health centre. The reduction in parking provision has also had the additional benefit of enabling the incorporation of more landscaping to soften the built form and retain some semblance of the existing natural charactey'of the site. For these reasons, I am therefore satisfied that the parking provision is likely to be sufficient to meet the needs of the health centre without causing detriment to pedestrian or highway safety. With regards to safe passage of pedestrians between the car park and the building, it is noted that there is a footpath adjoining the site on its eastern and northern edges, as well as entirely encircling the building. This dictates that the furthest distance a member of the public has to cross the car park to access a footpath is 23 metres which is considered acceptable. 4 disabled parking bays are incorporated into the scheme and are located nearest to the building and car park entrance to make the health centre most easily accessible for these patients. Lastly, with regards to commercial vehicle manoeuvring on site, it is accepted that no exclusive provision has been made in this regard, however, the layout of the car park affords the configuration of an unofficial turning head through the use of the manoeuvring aisles which have slightly wider dimensions at 6 metres than a residential road, such that delivery vehicles for the health centre and refuse collection wagons should be able to circulate within the site without detriment to pedestrian or highway safety. I am therefore satisfied that although the proposals do not entirely accord with policy TR13, that on balance, the development of the site is acceptable in terms of traffic impact and road safety.

4.8 With regard to remaining consultation responses, a condition is recommended requiring the submission of a site investigation report. With regard to the other comments made by NLC Protective Services, both construction noise and dust emission are matters controlled separately under Environmental legislation and have no bearing on the determination of this application. Conditions are proposed to address the issues relating to protected species and the provision of compensatory landscaping as raised by SNH and NLC Community Services. Scottish Water, SEPA and NLC Geo-technical Section advised they were satisfied with the findings of the flood risk assessment and drainage strategy. A condition is recommended requiring written confirmation from Scottish Water that their requirements have been met and the extent of attenuation infrastructure to be vested with them. In terms of SEPAs further advice with regards to the disposal of clinical waste and importation of waste materials to the site, these matters are controlled under separate legislation and have no bearing on the determination of this application.

4.9 With regard to the terms of objection, the issue over accessing parking bays was raised with the agent in order that residents would not be at a disadvantage as a result of having to cross private land. A condition is recommended to ensure that no obstructions in the form of gates or fencing etc. will be erected across the car park entrance or parking bays in order that they will remain accessible at all times. However, the NHS as owner, could prevent the residents crossing the car park 'in legal terms, deeming them to be trespassers. As such, in order to provide some comfort to the residents and Planning Authority, the NHS discussed legal terms with LHA to provide a servitude right of access over this land in order that no dubiety existed over access arrangements. Following discussions, LHA advised that they may be willing to withdraw their objection on the condition that they, and their tenants be granted unrestricted access rights across the health centre's car park and that enhanced lighting be provided within the car park, with provision made for turning for refuse collection vehicles. As such, their other concerns that residents would park on nearby streets due to access difficulties are now unlikely to occur, and the provision of manoeuvring space for refuse collection vehicles has been addressed under policy TR13 above in paragraph 4.6. A condition is recommended to control the siting and design of the lighting for the car park in order that the amenity of surrounding residents is protected. Notwithstanding the progress that has been made, the objections still stand as the housing association wish to protect their interests until the legal access arrangements have been confirmed. This cannot be progressed by the NHS until the land sale with the Council has been concluded and this will only occur following the granting of planning consent. However, this is a legal matter which needs to be resolved independently of the planning application by both parties and has no material bearing on the determination of the proposal.

4.10 I consider the proposal to be acceptable in relation to the various policies contained within the Development Plan. The imposition of conditions will ensure that it will meet the requirements of consultees and the objectors. The proposal will provide enhanced health facilities all to the benefit of the community of Bellshill and Mossend and I therefore recommend that consent be granted subject to conditions. _. 4.1 1 It should be noted that the objector has requested a site visit and hearing to be undertaken prior to determination of the application. Application No: SI06IO 181 410 UT

Date Registered: 2nd November 2006

Applicant: Scottish Midland Co-operative Society Ltd Clo Agent

Agent Turley Associates 32 Alva Street EH2 4PY

Development: Residential Development in Outline (Four Dwellinghouses) and creation of public car park.

Location: Land Between 65 And 83 West Main Street Harthill Shotts ML7 5PU

Ward: 20 Benhar Councillor Charles Cefferty

Grid Reference: 290271 664346

File Reference: SIPLIBII 7/21(41)

Site History: Site was previously part of the car park associated with the Harthill Co-op. No previous applications.

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

Contrary to Development Plan: No

Consultations: Scottish Water (No Objection) British Gas (No Objection) Scottish Power (No Objections) Greenrigg Community Council (0bjection) Councillor Cefferty (Comments)

Representations: None

Newspaper Advertisement: Advertised on 16th November 2006 Produced by NoRh Lanarkshire Councli Planning Application No. S I06 I01814 I OUT Planning and Enwronmant De@ Fleming House. 2 Tryst Road Residential Development in Outline (Four Dwellinghouses) Cumbernauid, 067 1JW *I 01238 616210 tax 01236 816232 Land Between 65 And 83 West Main Street, N This map is reprodud fromOrdnsnce Suwey Harthill, Shotts matersi Wh the pemisllon of Ordnance Survey on behali of the Controller of Her MapsNs Stationery Office 0 Crmcopyright. Unauihorised Site Area = 0.41 ha. repmductlon infrlngesCrm mpynghtand may A lead to prosecution or civil prOCeOdIng6. North Lanarkshire Councii 190023366 2004 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 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 which shall include light render and slate substitute tiles; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas including the provision for the parking of 2 vehicles per unit and the provision of adequate turning facilities within the site; (d) the design and location of all boundary walls and fences; (e) the provision for drainage works; (f) the disposal of sewage; (9) details of existing trees, shrubs and hedgerows to be retained; and (h) details of existing and proposed site levels.

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

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

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

4. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

5. That any remediation works identified by the site investigation required in terms of Condition 4 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible 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.

6. That the reserved matters application referred to in Condition 2 above shall include full details of the location and design of the surface water drainage scheme to be installed within the application site and for the avoidance of doubt the scheme requires to be approved by Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems.

Reason: To enable the Planning Authority to consider these aspects in detail and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest Scottish Water and SEPA guidance. .. ' 7. That as part of any detailed or reserved matters application for this site, the applicant shall provide written confirmation to the Planning Authority that the requirements of SEPA and Scottish Water have been met including the provision of all necessary foul and surface water drainage infrastructure and that the development will not result in an increased pollutant loading being discharged to the receiving watercourse.

Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems to allow this scale of new residential development to proceed and that there will be no pollution of a watercourse.

8. That the 4 dwellings must 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.

Reason: To ensure the provision of satisfactory amenity space for the dwellinghouses.

9. That prior to the commencement of development on the dwellings the proposed new parking areas hatched GREEN shall be completed to final wearing course and associated footpath and access hatched BROWN shall be completed to base course level.

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

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

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

11. That notwithstanding the requirements of Condition 2, a 0.9m high wall/railing shall be constructed along the frontage of the site highlighted BLUE on the approved plans.

Reason: In the interests of securing a high quality visual appearance to the development site from West Main Street.

12. That all areas hatched GREEN and BROWN on the approved plan shall thereafter be retained for public parking and vehicular access and shall remain open to the public unless otherwise agreed by the Planning Authority in writing.

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

13. For the avoidance of doubt, no approval is hereby given for the submitted indicative layout plans comprising of 4 residential dwellings and associated public and private parking areas.

Reason: This layout is not acceptable and to enable the Planning Authority to consider these aspects in detail.

14. Notwithstanding the plans hereby approved further details regarding a lighting scheme for the access and public parking areas shall be submitted to and approved in writing by the Planning Authority and the scheme shall include details of the implementation, management and maintenance of the scheme. The approved lighting scheme shall thereafter be implemented prior to the parking areas being brought into use.

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

15. That access to the public parking areas shall be maintained free from obstruction at all times during the construction of the dwellings. Reason: To ensure satisfactory vehicular and pedestrian access to the public parking area in the interests of residential amenity.

.> - Background Papers:

Application form and plans received 2nd November 2006 and 2ndMarch 2007

Letter from Scottish Water received 14th November 2006 Letter from British Gas received 17th November 2006 Letter from Scottish Power received 20th November 2006 and 13'h December 2006

Memo from Head Of Protective Services received 20th Novernter 2006 Memo from Transportation received gth November 2006 and 7 March 2007 Memo from Geotechnical Team Leader 22ndNovember 2006 and 13'h March 2007

Letter from Councillor Cefferty, PO Box 14 , Civic Centre, Motherwell received 30th November 2006. Letter from Greenrigg Communitl Council, Greenrigg Cottages, Harthill , Shotts, ML7 5QP received 28'h November 2006,5' December 2006 and gthMarch 2007

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

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 302137.

15 March 2007 .. I APPLICATION NO. S/06/01814/OUT

REPORT

Description of Site and Proposal

Outline planning permission is sought for the erection of 4 dwellings and alterations to the existing parking arrangements at land between 65 and 83 West Main Street, Harthill.

The site is located within the central commercial area of Harthill sitting in a prominent location adjacent to the Main Street. The site currently consists of an informal parking area to the side and rear of the existing co-op and commercial properties at west main street and is split in half by several large boulders blocking vehicles from being able to utilise the western side of the parking area. Access to the site is via an existing access serving the parking area and rear servicing area for the adjacent commercial premises. The site is generally derelict in appearance sloping from the south at the top down to the entrance at the north, offering little in terms of visual amenity to the surrounding area and adjacent properties.

The application proposes four new dwellings located along the western side of the site serviced by an new access road which will also serve the commercial properties adjacent. In addition the informal parking area will be replaced by two new parking areas one located to the front with capacity for 7 vehicles and another to the rear of the site with capacity for 20 vehicles. In addition further landscaping improvements are also proposed to further improve the overall visual amenity of the site.

Development Plan

The site lies within an area covered by RTL 6 Secondary, Village and Neighbourhood Commercial Areas in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 8, 2005). Policies HSG 10 (Assessing Applications for Housing Development) and TR 13 (Assessing ihe Transport Implications of Development) are also relevant to this application.

Consultations and Representations

Councillor Cefferty has commented that while he welcomes the development proposals for this site the original proposal providing parking provision of 16 spaces is below what he considers to be an acceptable level for the site. By only providing 16 spaces the Councillor had concerns that this would create more pressure on the Main Street and lead to traffic congestion that is not there at the moment. It is noted that the plans were drawn up prior to the new chemist store opening. The Councillor has suggested that additional parking spaces be created next to the bowling club in place of the proposed landscaping. The applicant has subsequently amended the proposals to increase the parking to 27 spaces, which Councillor Cefferty has indicated to be acceptable.

My Transportation Team Leader has recommended refusal of the application and would be opposed to any development, which reduces the area available for current uses (parking and servicing for both retail units as well as the bowling club). Transportation comment that car parking provision of 5 spaces per 100 square metres gross floor area (GFA) of the existing Scotmid store and the unit to let (953 square metres GFA requires 48 Spaces) should remain. The layout contained within this application does not show the required provision. Therefore pressure on on-street parking would increase to the detriment of road safety. The area to the rear of the retail units and the parking area for the Social club would function as a loading/unloading area for service vehicles and would result in the new road accessing plots 1-4 being utilised as a turning facility which is unacceptable. In addition, vehicles servicing the existing sub station may pose an obstruction to vehicles manoeuvring to/from bays. Transportation have also indicated that the location of the proposed parking bays is not conducive to their use by the customers of the retail units and the 7 spaces to the front are insufficient. In addition Transportation state that should the application be granted the resultant access would no be considered as a road in terms of the Roads (Scotland) Act and would not be considered for adoption.

3.3 My Geotechnical Team Leader has confirmed that the drainage strategy is acceptable at this stage. Further details should be submitted as part of any detailed or reserved matters application.

3.4 My Protective Services Section have no objections to the proposed development subject to the requirement for a site investigation report.

3.5 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 Water infrastructure. A SUDS drainage system will be required.

3.6 Transco and Scottish Power have offered no objections to the proposed development.

3.7 Greenrigg Communtiy Council have objected to and offered comments to improve on the proposals. Their comments may be summarised as follows:

1. Concerns regarding the retention and protection of the long held existing car parking amenity and public access in this busy part of Main Street, which has limited road side parking availability and suffers from high numbers of HGV lorry traffic along the Main Street. 2. Visiting coaches and cars to Harthill also make use of the area at times of the year including Gala days. Scotmid lorries and occasional coaches also make use of the area up to the 30 club and coach turning provision should be included within the site. 3. Although generally supportive of any development within the area, this area of Main Street is pivotal to the village having an identifiable centre and we do not wish to see the site frontage in-filled and the amenity sterilised for public use and seek ;ne retention of the site as a focal point of the town centre. 4. The proposed provision of 18 parking spaces and reduction from present levels is considered too severe and insufficient to service the club and will lead to reduced patronage for existing retailers. 5. Parking provision as proposed is impractical with bays located to the rear of the site and the 7 spaces at the front is considered poor. 6. Parking provision is affected by permanent employees utilising the site thus reducing available parking provision. Overspill of vehicles and congestion onto Main Street from reduced parking availability will increase the risk of accidents. 7. Plot 1 should be deleted and replaced by a larger parking area located adjacent to the Main Street, with the possibility of an additional accesdegress point to allow separate in and out from the site. 8. The Transportation Statement submitted is not representative of the current situation and is not representative of our experience living in the area. As such the report suggesting the requirement for 12 spaces is considered incorrect and does not take account of the retail expansion, did not canvass residents or businesses and fails to take account of when the club is in use for events such as funerals and marches. 9. Request that the developer agree to a right of way being registered over the non residential area. 10. Street lighting should be provided at both the access to the housing and the club. 11. The site in question is however in sub-standard condition and any future planning gain from change of use should also benefit the community as well as the developer. 12. Unrestricted public parking and access should be secured as part of the planning conditions and the access and parking areas should be adopted by NLC. 13. Will a retaining wall be provided to reduce the incline of the parking spaces facing the rear of the Co-op retail units.

4. Planninn Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues. This application must be assessed against the relevant development plan policies of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) together with other material considerations.

4.2 The application site lies within a commercially zoned area in Harthill. Policy RTL 6 (Secondary, Village atid !‘deighbourhood Commercial Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) applies and seeks to encourage the expansion of Class 1 retail floorspace, but also supports the retention and provision of other uses which complement the role and function of Secondary, Village and Neighbourhood Commercial Areas. The proposed residential development and improvements to the environment and overall visual amenity of the site are considered to accord with the requirement of Policy RTL 6 given the location of the site in close proximity to housing. Furthermore the physical improvements to a mixed use area are considered to accord with measures outlined in Policy RTL 2 which supports improvements to the character of existing shopping facilities, including by improving parking facilities and encouraging environmental improvements in the area.

4.3 Policy HSG 10 (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, environmental condition of site and flood risk, density, layout and mix of housing, detailed design elements, reducing crime, provisions made for landscaping and open space and play areas, and provision made for roads, access, parking provision. In assessing this particular application in terms of Policy HSG 10, it is considered that the proposal would improve the built and natural environment as it includes the significant upgrading of the current informal parking area, which is in poor condition, within the centre of Harthill. The design of the proposed residential dwellings will be assessed at the reserved matters stage but will be required to have due regard to the design and finish of the residential dwellings in the surrounding area. The layout of the proposed development is such that it would result in no loss of privacy to surrounding properties and would aid in the reduction of crime given that the dwellings would increase residents and additional movements in the area, particularly in the evenings, and would overlook the proposed improved parking areas. The proposed development can accommodate open space that satisfactorily meets current open space standards as detailed in the Council’s “Developers Guide to Open Space”. The transportation issues are considered in paragraph 4.4 below and environmental and drainage issues in paragraph 4.5. In summary it is considered that the proposal meets the criteria contained in Policy HSG 10, subject to the imposition of suitable conditions.

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 the access and parking facilities are substandard in terms of their requirements for this particular site and Transportation raise concerns regarding the shared access and parking provision. However, it is considered that given the informal nature of the existing access and parking area coupled with the visual improvements associated with the proposals are such that the concerns are insufficient to warrant refusal of this application. The proposal is overall considered to be in accordance with Policy TR13.

4.6 In terms of other consultation responses, my Protected Services Section have offered no objections subject to the submission of a site investigation report and any remedial measures being undertaken prior to the commencement of development. My Geotechnical Team Leader has offered no objection to the submitted outline drainage strategy and a full SUDS drainage scheme is required to be submitted at the reserved matters stage. These matters can satisfactorily be addressed by the recommended conditions.

4.7 Scottish Water have offered no objections to the proposed development provided the developer contacts them prior to commencement of development on site.

4.8 Scottish Power and Transco have offered no objections to the proposed development.

4.9 In response to the comments submitted by Councillor Cefferty regarding the site the applicant has submitted a revised scheme increasing the number of parking spaces from 16 to 27, in line with the capacity suggested to be acceptable by the Councillor.

4.10 In response to the comments made by Greenrigg Community Council I would comment as follows:

1. Concerns regarding the retention and protection of the long held existing car parking are noted however the informal parking area is privately owned and the overall improvement of the site in terms of the visual amenity of the area coupled with the establishment of a formal parking area for 27 cars is considered to be acceptable for the site. It is considered that as the private parking area could be blocked by the owner at any point the establishment of a improved parking area required by condition to remain both open to the public and as established parking by condition will be to the benefit of this prominent area in Harthill. 2. There is no requirement for coach parking or turning facilities for this private site and as such it is not considered that loss of the occasional use for parking coaches warrants refusal in this instance. 3. It is not considered that the proposed development will sterilise the area for public use, but rather that it will improve the area both in terms of visual amenity and by the establishment of a formalised parking area, which will benefit the surrounding commercial properties while improving the area as a whole. 4. The proposals have been amended to increase the parking provision to 27 spaces which is dbnsidered acceptable for the site. 5. The majority of the parking bays are located to the rear of the site however parking spaces are to be provided at the road frontage and footway provision to the parking area at the rear. As such the parking layout as proposed is considered acceptable. 6. The proposed car parking provision has been considered by my Transportation Section who regard it as acceptable. 7. The removal of plot 1 is not considered to be required given that additional parking provision has been provided at the rear of the site. Having consulted the Transportation Team Leader he has commented that an additional accesslegress point would not be appropriate for this site and would be detrimental to road safety. 8. The contention that the Transportation Statement submitted is not representative of the current situation and of the experience of those living in the area is noted, however in the overall circumstances of this case as described above, it is considered that the parking proposals are sufficient to warrant approval in this instance. 9. Agreement to a right of way being established is not considered appropriate or reasonable given that the retention of access and parking to remain both open to the public and as established parking is covered by condition. 10. Further details regarding submission of lighting proposals for the site are covered by condition. 11. The beneficial effect of the improvement of a semi-derelict site within the centre of Harthill coupled by the establishment of improved parking facilities is considered sufficient to warrant approval in this instance. 12. My Transportation Section have confirmed that the road will not be adopted however the access and parking facilities and the right of access and use of the parking areas is secured by an appropriate planning condition. 13. Any details regarding a retaining wall or otherwise will be submitted as part of a detailed or reserved matters application and will be assessed therewith.

4.11 It is considered that the development is acceptable in terms of local plan policy and would result in the physical improvement and re-use of a currently semi-derelict site within Harthill and thereby assist in its regeneration. Therefore, I recommend that this application be approved subject to conditions. Application No: S/06/01872/FUL

Date Registered: 17th November 2006

Applicant: Keel Contractors Ltd CIO Agent

Agent Ballantyne Hollinger Ltd 2 May Avenue, Bangor Co. Down BT20 4JT

Development: Construction of Mixed Use Development Comprising 12 IndustriallBusiness Units, 3 Off ice Buildings, Formation of New Access & Ancillary Parking & Landscaping

Location: Keel Contractors Ltd Goil Avenue Righead Ind Est Bellshill

Ward: 23 Councillor James McCabe JP

Grid Reference: 271838 660852

File Reference: S/PL/BF/9/112

Site History: 06/01169/FUL Construction of Mixed Use Development Comprising 12 no IndustriaVBusinessUnits, 3 no Office Buildings, Formation of New Access, and Ancillary Parking and Landscape -Withdrawn - 20thSeptember 2006

Development Plan: The site is zoned as I1 - (Areas Where New Industrial Development - Will be Concentrated) in the Adopted Bellshill and Mossend Local Plan 1985.

The Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 8 (Established Industrial and Business Areas).

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (com ments) Scottish Water (co mmen ts) British Gas (no objections) Scottish Power (no objections) British Telecom (no objections)

Representations: No letters of representation received.

Newspaper Advertisement: 23rdNovember 2006 Roducad by Nom Lanarkbhirt Council PLANNING APPLICATION No. S / 06 I01872 / FUL Planning and Environment Dept. Flaming Home, 2 Try1Road CONSTRUCTION OF MIXED USE DEVELOPMENT, Cumbemauid, COMPRISING 12 INDUSTRIAL / BUSINESS UNITS, 057 1JW 3 OFFICE BUILDINGS, FORMATION OF NEW ACCESS, ANCILLARY PARKING AND LANDSCAPING.

KEEL CONTRACTORS Ltd., GOlL AVENUE, RIGHEAD INDUSTRIAL ESTATE, BELLSHILL. tel 0123616210 lax 01236816232 Site Area 1.20 ha. 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 permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

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

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

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

4. 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.

5. That before the development hereby permitted starts, a further report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the suitability of the site for the proposed development and protect watercourses from pollution.

6. That following the completion of any or all of the works required under the terms of condition 5 above, a certificate from a suitably qualified person 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 5 and in the interests of Health and Safety.

7. That before the development hereby approved is commenced, details of all walls and fences to be retained or replaced within the development 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.

8. That before any of the units hereby permitted, situated on a site upon which a fence or wall is to be retainedlreplaced, are occupied, the fence or wall, as approved under the terms of condition 7 above, shall be retainedkeplaced.

Reason: To ensure the implementation of the scheme in the interests of amenity. 9. That before the develqment hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted, such planting shall consist of native, non- invasive species characteristic of the local area; (c) an indication of all existing trees, plus details of those to be retained, and measures for their protection in the course of development. (d) A timetable for the implementation of these works

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

10. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed parking areas shown on the approved plans; (b) the proposed external lighting to be provided for the site; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition 9 above; (d) the proposed fences to be erected as agreed under the terms of condition 7 above; and (e) a timetable for the implementation of these works

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

11. That the landscaping scheme approved under the terms of condition (9) above shall be completed in accordance with the approved timetable and before the occupation of the last warehouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (9) above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

12. That the management and maintenance scheme approved under the terms of condition (10) above shall be implemented in accordance with the approved timetable and before the occupation of the last warehouse within the development hereby permitted, the management and maintenance scheme shall be fully in operation.

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

13. That notwithstanding the approved plans, no permission is hereby given for any vehicular/pedestrian accesses within the site to be located directly from Old Edinburgh Road.

Reason: To define the permission and in the interests of highway safety.

14. That before the development hereby permitted starts, a further flood risk assessment shall be submitted to and approved in writing by the Planning Authority which addresses the queries raised in the memo from the Geo-technical Section dated 15 March 2007, and that any mitigation measures deemed necessary shall be completed to the satisfaction of the Planning Authority and thereafter verified by a suitably qualified professional. Reason: To ensure the site is free from flood risk in the interests of amenity for prospective users of the site. Background Papers:

Application form and plans received 13th November 2006

Letter from Scottish Water received 29th November 2006 Letter from Strathclyde Police (Wishaw) received 23rd January 2007 Letter from SEPA received 4'h September 2006 Letter from British Telecom received 14'h August 2006 Letter from British Gas received 11th August 2006 Letter from Scottish Power received 16'h August 2006

Memos from Geotechnical Team Leader received 28'h December 2006 & 15'h March 2007 Memo from Head Of Protective Services received 11 th & 13'h December 2006 Memo from Transportation Team Leader received 18'h August 2006

Bellshill and Mossend Local Plan 1985 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01698 302136. APPLICATION NO. S1061018721FUL

REPORT

1. Description of Site and Proposal

1.1 This application is for the construction of 12 industriallbusiness units and 3 office buildings at Goil Avenue within Righead Industrial Estate, Bellshill. The site slightly slopes from south to north with substantial perimeter landscaping along Old Edinburgh Road and Goil Avenue. The site is currently an unkempt grass area, housing small derelict buildings with metal palisade fencing along the boundary of the site. The surrounding industrial/business units vary from two to three storeys and have varying levels of landscaping.

1.2 The 12 industriaVbusiness units are rectangular in shape and each will have a mezzanine floor for ancillary office use. The 3 office buildings are 3 storeys in height and square in shape. The 12 industriaVbusiness units will each have a ground area of 235 square metres with an upper floor of 55 square metres and the 3 office buildings, totalling the 3 floors in each building will have a floor area of 825 square metres.

1.3 The external materials for the proposed buildings will include white cladding panels with grey facing brick, and a roof with grey profiled steel cladding and grey metal windows and doors. The design of the 3 office buildings incorporates a sloping roof feature reaching a maximum of 12.5 metres in height, and provides windows on all elevations which provides the buildings with some architectural interest. The 12 industriaVbusiness units have a pitched roof with a curved canopy front entrance feature. The proposal introduces a 5 metre landscape boundary to the east side of the development site. The existing fencing along the boundary of the side is to be maintained.

1.4 Two separate accesses will be taken from Goil Avenue. One leading to the 12 industriaVbusiness units and one leading to the 3 office buildings. There are a total of 48 parking spaces for the 12 industriaVbusiness units and 49 parking spaces for the 3 office buildings. A Flood Risk Assessment, a Drainage Strategy and a Site Investigation were also submitted in support of the application.

2. Development Plan

2.1 The development raises no strategic issues and therefore can be assessed in terms of the local plan policies.

2.2 The site is zoned as I1 - Areas Where New Industrial Development Will be Concentrated in the Adopted Bellshill and Mossend Local Plan 1985.

2.3 The Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 8 (Established Industrial and Business Areas).

3. Consultations and Representations

3.1 British Gas, Scottish Power and British Telecom had no objections to the proposals.

3.2 Strathclyde Police have advised that the proposal lies within a low crime area with the main crime types for the area being acts of vandalism and internal petty theft. Units A to M make reasonable use of surveillance for the properties and associated parking facilities whereas Units N to P seclude the parking areas from any observation via the busy thoroughfare of Old Edinburgh Road and it would be advisable to have the main entrance and parking facilities on to Old Edinburgh Road. If this is not possible then white type lighting should be proportionate throughout the development. The boundaries are clearly definable giving the impression that this is a semi-private road and there are other methods in which this can be enhanced. The existing boundary fences should be in a reasonable state of repair and foliage around the units should be kept to a minimum height and can assist with defining the semi-private area. Overall Strathclyde Police would encourage the use of this site for development and appreciate the limitations of the site.

3.3 Scottish Water have advised that they are currently in discussions with the applicant regarding the water and wastewater infrastructure problems constraining this development. If an agreement can be reached on implementing a suitable mitigation scheme, then a connection to the network will be granted. A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water supports the principal of a SUDS scheme.

3.4 SEPA have advised that as Scottish Water have in principle agreed (subject to conditions being met) to permit the foul water from the proposed development to be connected into the existing combined public sewage system and provided that the additional flow arising from the site does not cause or contribute to the premature operation of consented storm overflows then they would have no objectiui: :U the proposal provided Scottish Water confirm this in writing. SEPA have also advised that all surface water runoff at the industrial estate discharges to the existing public sewage infrastructure vested in Scottish Water. It is expected that Scottish Water will advise the developer of their requirements regarding treatment and attenuation of the surface water runoff to permit connection into their network and therefore SEPA would expect this to be achieved by use of SUD’s techniques. Dependent on the occupancyluse of the units, e.g. car washhaleting, they may represent a greater risk to the water environment and Scottish Water should also consider this in allowing connection. They also advised on responsibilities in terms of construction work and waste materials.

3.5 The Geotechnical Team Leader has advised that in principle there appears to be a satisfactory means of disposal of foul and surface water drainage from the site. However, there are some discrepancies within the flood risk assessment which require further clarification.

3.6 The Transportation Team Leader has advised that neither Goil Avenue, nor Katrine Avenue (which connects Goil Avenue with Melford Road) are part of the public road network. Both are in a serious state of disrepair and should be brought up to an adoptable standard before there is any further development within this area of the Industrial Estate. There should be no new vehicular access onto Old Edinburgh Road associated with this development as there is insufficient junction spacing on Old Edinburgh Road to accommodate such a junction.

3.7 Protective Services have advised that the Phase 1 Environmental Audit failed to adequately assess the risk posed to the water environment of the site and the risk to receptors posed by the red blaes which exists on the site. They also advised that a note should be placed on any consent restricting the prx!:iction of noise during construction periods and that best practicable means shall be adopted to control site generated dust and prevent dust emission beyond the site boundary.

3.8 No representations were received following neighbour notification and press advertisement.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. In assessing this proposal it is necessary to consider that the site is zoned in the adopted Bellshill and Mossend Local Plan as I1 industrial area. This policy seeks to concentrate industrial development within the designated areas. 4.2 The application site lies within IND8 (Established Industrial and Business Area), in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policies IND9 (Assessing Applications for Industrial and Business Development) and TR13 (Assessing the Transportation Implications of Development) are also relevant.

4.3 Policy IND8 seeks to retain the existing character of the Established Industrial and Business Areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. The 12 industriallbusiness units will be used for general industrial and business uses and the 3 office buildings will be used for general office use such as call centres etc and it is considered that the proposal is compliant with the aims of local plan policies I1 and IND8 and will contribute positively to Righead Industrial Estate.

4.4 Policy IND 9 states that in determining applications for industrial and business development as defined by Classes 4, 5 and 6 of the Town and Country Planning (Use Classes)(Scotland) Order 1997, the Council will consider, amongst other things, the following:

a) Whether the proposal is located within an Established Industrial and Business Area, or on a site forming part of the land supply for industry and business; b) The extent to which there are deficiencies in the land supply for industry and business; c) The extent to which vacant and derelict land is to be reused; d) Whether significant economic benefit is offered to the Plan area; e) Suitability to the character of the area within which it is set; f) Access to public transport and infrastructure and the effect on travel patterns; g) Detailed design elements such as building height, materials and positioning; h) Provisions made for landscaping, screening, fencing and security; and i) Provisions made for servicing, access, vehicle circulation, manoeuvring and parking.

4.5 In assessing this proposal against the provisions of policy IND 9, the proposals are considered to comply with points a-d by being located within an appropriately zoned area, and makes beneficial use of a large vacant site which has been rundown for sometime, thereby securing further economic benefit in the form of employment generation in North Lanarkshire and promoting the viability of this industrial estate. The proposed buildings are suitable for the character of the surrounding industrial area and complement the existing adjacent structures in terms of design and materials. There is a mix of two storey and three storey industrial buildings within Righead Industrial Estate and the proposed will integrate successfully with the surrounding units. The site benefits from substantial frontage planting along Old Edinburgh Road and Goil Avenue and makes significant space provision for additional soft landscaping within the site to provide a pleasant setting for a high amenity development. The existing and proposed landscaping will help screen the development from Old Edinburgh Road. In addition to this as the entrance to the 3 office buildings will face into the industrial estate and away from Old Edinburgh Road this will protect the existing boundary of the industrial estate and not create a frontage onto Old Edinburgh Road. It is proposed that the existing security fencing be repaired and maintained. Conditions are recommended to secure the submission of a landscape scheme and maintenance regime along with proposals for fencing/security. The impact on traffic circulation and manoeuvring will be considered under policy TR 13 below but otherwise, it is considered to accord’\;(ith policy IND 9.

4.6 Policy TR13 (Assessing the Transport Implications of Development) seeks to assess: 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; the impact of the development on road traffic circulation and road safety; the provisions made for access, parking and vehicle manoeuvring and; the extent to which the development promotes ‘access for all’, particularly for those with impaired mobility. The Transportation Section’s requirements relating to road improvements is considered an unreasonable burden on the developer especially as these roads are not adopted by North Lanarkshire Council. With regard to access being taken from Old Edinburgh Road the applicant has submitted amended plans to show that access to the proposed 3 office buildings will now be via Goil Avenue. These requirements can be met in practice and may be secured via the imposition of conditions. On balance, it is considered that this proposal accords with policy TR 13.

4.7 With regard to comments from Strathclyde Police, it is considered that the developer has designed the site with regard to reducing the level and fear of crime. The existing boundary treatments and proposed landscaping is considered necessary in order to ensure a high amenity development and screen the proposed development from Old Edinburgh Road as much as possible. Due to the screening measures, it is also considered that the 3 office buildings should not face onto Old Edinburgh Road and that the proposed positioning of the buildings are the best achievable given the site position. With regard to the proposed lighting this will be added as an advisory note.

4.8 Scottish Water advised that they support SUDS and the developer should consider this in the surface water drainage design. The developer has provided a drainage design incorporating filter trenches, porous paving, enlarged pipes and hydro-brake control devices which will connect to the existing public sewer. Scottish Water have advised that they are currently in discussions with the applicant regarding the water and wastewater infrastructure problems constraining this development and if an agreement can be reached on implementing a suitable mitigation scheme, then a connection to the network will be granted. A condition may be placed on the consent to address this issue. As such, SEPA are satisfied that the surface water will be adequately accommodated and have no objections to the proposal. SEPA's comments on construction work and waste materials are controlled under separate legislation and have no bearing on the determinations of this application. With regards to Geotechnical's comments, a condition is recommended seeking a further flood risk assessment to clarify matters.

4.9 The Protective Services Section requested that a further site investigation be carried out. A condition to this effect is recommended if Committee grant this application. In addition, a note will be placed on the consent, if granted, advising on construction noise. Lastly, dust emissions are controlled under separate environmental legislation and have no bearing on the determination of this application.

4.9 In conclusion, the proposal is in accordance with the relevant Local Plan policies. It is considered that in terms of siting and design the proposed development is acceptable and should positively contribute to the wider area. Taking into account all material considerations including local policies, I recommend that planning permission be granted, subject to conditions. Application No: WO610 192210UT

Date Registered: 23rd November 2006

Applicant: ProLogis Developments Ltd 1 Monkspath Hall Road Solihull West Midlands B90 4FY

Agent Turley Associates - 80 St Vincent Street Glasgow G2 5UB Development: 24 hour Operational Class 6 StoragelDistribution Development of 102,000square metres in floor area (In Outline) Location: Land South West Of Jct 6 M8 Edinburgh Road Newhouse

Ward: 27 Holytown Councillor James Coyle JP

Grid Reference: 278929 661 580

File Reference:

Site History: S/99/0101I/OUT - Erection of Mixed Use Commercial Development Including Storage and Distribution Depots, Hotel and Leisure Development and a Fast Food Outlet with Associated Road Works and Landscaping, Granted 4 October 2001.

S/01/00138/REM - Alterations to Roundabout at A73/A775 Junction and Construction of Two Roundabouts on A775, Granted 4 October 2001. S/03/00297/FUL - Construction of Access Road and Roundabout, Granted 9 May 2003. S/06/01934/FUL Enabling Works Comprising Site Remediation, Regrading of Land, Site Drainage, Provision of Car Park, Landscaping and Associated Works, Pending Decision.

Development Plan: Adopted Northern Area Local Plan - zoned mainly as El Green Belt, E2 Urban Fringe, and E3 Improvement of Derelict and Underused Land Within the Green Belt. South western corner zoned as 12 Established Industrial Areas, 14 Industrial Land Supply and 15 Wholesale Distribution Depots. Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) - zoned mainly as INDl Industrial and Business Development Opportunities. Zoned partly as IND8 Established Industrial and Business Areas.

Contrary to Development Plan: No Consultations: Transport Scotland (Comments) SEPA (Comments) Scottish Water (No objections) British Gas (No objections) Scottish Power (No objections) Scottish Natural Heritage (Comments) West Of Scotland Archaeology Service (Comments) NLC Community Services (Comments)

Representations: 3 letters of representation received.

Newspaper Advertisement: Advertised on 30th November 2006 PLANNINGAPPLICATION No S I 06 I01922 I OUT Produwd by Thiimlp swr~cd~rn@3En~~~ "a** whbcyrm *b"bCd-";.Suncj North Lanarkehne Council m kChlnMlhr mi*r~HnM8lw, PlannlngandEnv'ronmentDBpl -nwana Ooan~lnt"MMlu 24 HOUR OPERATIONAL CLASS 6 STORAGE I DISTRIBUTION nwd-inhlwmCmm cnomihtam mw FlemingHouse Mto~orihlPnXIBnm 2 Ttpt Road DEVELOPMENTOF 102,000 SQUARE METRES FLOOR AREA NonhLmmmm"nM1Lm2~ 2004 Cumbernauld ( IN OUTLINE ) 067 1JW LAND SOUTH WEST OF JUNCTION 6, M8 I EDINBURGH rlyhire ROAD, NEWHOUSE. COuKil blO1236616210 fax 01236616232 * Representation Site Area = 21 13 ha Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

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

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

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

3. That before development starts, further planning application(s) shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision for loading and unloading of all goods vehicles; (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) details of existing and proposed site levels. Reason: To enable the Planning Authority to consider these aspects in detail.

4. That notwithstanding the terms of condition 3 above, the first submission of reserved matters shall include a comprehensive scheme for the northern site boundary adjacent to the A8/M8, indicating the proposed treatment of the elevations fronting the A8/M8 and the roofscape (which take cognisance of the 'Design Statement' dated 3 November 2006 submitted with the application), associated internal circulation areas and landscaping. This will be used as a basis for assessing subsequent reserved matters applications.

Reason: To ensure a high quality visual treatment along the northern boundary of the site in the interests of amenity.

5. That the total Class 6 warehousing floorspace to be developed within the site shall not exceed 102,000 square metres.

Reason: To define the permission and to ensure the trunk road network is not adversely affected by the proposed development in accordance with the Transport Statement.

6. That notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the permitted change of use from Class 6 to Class 4 is hereby removed.

Reason: To ensure that the storage/distribution warehouse(s) may not become offices, as by reasons of increased car trips being generated, this would be detrimental to the environment with adverse implications for the road network.

7. That no building(s) within the eastern side of the site hatched PINK on the approved plan, shall be used or occupied until the roundabout annotated as Roundabout C on the approved 'Development Parameters Plan drawing no. P002' is constructed and completed to the satisfaction of the Planning Authority. Reason: To comply with the terms of the Section 75 and to ensure satisfactory access arrangements to the eastern part of the site.

8. That the further application(s) required under condition 3 above shall be accompanied by a comprehensive Green Travel Plan aimed at encouraging more sustainable means of travel, and that no building hereby permitted shall be commenced until the Green Travel Plan has been submitted to and approved in writing by the Planning Authority in consultation with Transport Scotland - Trunk Roads Network Management Directorate. In particular the travel plan will identify measures to be implemented, the system of management, monitoring, review, reporting and duration of the plan.

Reason: To be consistent with the requirements of SPP 17: Planning for Transport and PAN 75: Planning for Transport.

9. That notwithstanding the terms of the flood risk assessments by EPG Clear Ltd and RPS Burks Green hereby approved, the further application(s) required under condition 3 above, shall be accompanied by a further flood risk assessment which confirms the overland flow routes for run-off from the A81M8 embankment and identifies on a plan, the location of the parking area proposed to be utilised as a storage area as part of the surface water drainage system.

Reason: To ensure the site is not at risk from flooding.

10. That the further application(s) required under condition 3 above, shall be accompanied by full details of the location and design of the surface water drainage scheme to be installed within the application site and shall be submitted for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environmental Protection Agency's (SEPA) principles of Sustainable Urban Drainage Systems (SUDS). The scheme shall include measures to maximise the habitat value of the feature and should link with wildlife corridors/screening belts.. ..

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

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 for the avoidance of doubt, the further application(s) required under condition 3 above, shall include details of the internal landscaping within the site which link with, and complement the perimeter planting scheme already approved and shall make use of native and ornamental species beneficial to wildlife and which maximise bio-diversity on the site. Furthermore, the landscaping identified for each phase of the development shall be completed before the first building in the next phase is brought into use.

Reason: To maximise bio-diversity and in the interests of the visual amenity of the site.

13. That should 6 months or more elapse between the timing of the initial ecological survey dated November 2006 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats (between the periods of April to August), 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. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

14. That the mitigation measures as recommended in Section 1.5 of the ERM Report entitled 'Link Park Scotland Ecological Statement Final Report' dated November 2006, shall be implemented in full to the satisfaction of the Planning Authority and Scottish Natural Heritage.

Reason: In the interests of protecting natural assets on the site.

15. That with the exception of the Permitted Development works of mine grouting and service diversion/removal, no veystation shall be cut or removed during the bird-breeding season which is March to September inclusive.

Reason: To minimise the risk to wild birds and their nests to ensure legal compliance with the requirements of the Wildlife and Countryside Act 1981 and the Nature Conservation (Scotland) Act 2004.

16. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the existing trees to be retained on the east and south-eastern boundaries of the site as shown on approved plan no. B02, and noted on Section 2.3 of the Report entitled 'Proposed Development at Prologis Park, Newhouse Landscape Design Statement', dated November 2006 and shall not be removed without the approval in writing of the Planning Authority.

Reason: To ensure the protection of trees identified for retention, in the interests of the visual amenity of the site.

17. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the Westof Scotland Archaeology Service.

Reason: To ensure that adequate archaeological investigations are carried out and recorded, in the interests of the history of the site.

Background Papers:

Application form, plans, Transport Assessment, Planning Statement, Design Statement, Landscape Design Statement, and Flood Risk Statement received 20th November 2006

Letters from Transport Scotland received 7th December 2006, 6th February 2007, gth March 2007 & 14'h March 2007 Letter from Scottish Natural Heritage received 15th December 2006 Letters from Scottish Environment Protection Agency received 29th January 2007, 23rd February 2007, 28'h February 2007 & 8th March 2007 Letter from Scottish Water received 6th December 2006 Letter from British Gas received 8th December 2006 Letters from Scottish Power received 23rd November 2006 & 8th December 2006 Letters from West Of Scotland Archaeology Service received 9th February 2007 & 8'h March 2007

Memos from Transportation Team Leader received 5th December 2006 & 6th March 2007 Memo from Geotechnical Team Leader received 28th December 2006 Memos from Head Of Protective Services received 27th December 2006 & gth March 2007 Memo from Community Services received 10th January 2007

Letters from Mr & Mrs G Muir, 4 Pollockshill, Newhouse, MLI 5SY received 12th December 2006, 28th December 2006 and 9th January 2007.

Glasgow and the Clyde Valley Joint Structure Plan 2000 Adopted Northern Area Local Plan 1986 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01698 302104. APPLICATION NO. S/06/01922/OUT

REPORT

1. Description of Site and Proposal

1.1 Outline planning consent is sought for Class 6 Storage/Distribution Use at land south west of Junction 6 of the A81M8, off Edinburgh Road, Newhouse. The applicants‘ could have proceeded directly to a detailed application, as the principle of this use has already been established by virtue of a partially implemented mixed use outline consent which made provision for Class 6 development (consent no. S/99/01011/OUT) following which, the land use zoning was subsequently amended to reflect. However, the 99‘ consent placed a floorspace threshold of 76,234 square metres on the scale of Class 6 development deemed acceptable as demonstrated by the Transport Assessment submitted in association with the proposal, to enable the road network to cope with the volume of traffic arising from such a development. The current applicant contends that the site can afford a maximum threshold of 102,000 square metres and a new Transport Assessment and Planning Statement have been submitted in support of this and advocate sustainable modes of transport. The applicant wishes to secure the principle of an increase il: Glass 6 floorspace at an early date, which the application for outline permission, as opposed to detailed consent, more readily facilitates. Indicative layouts were submitted to assist consideration and proposed layouts ranging from one large warehouse spanning the site, to smaller units of varying size to demonstrate the flexibility the site would allow to meet the needs of end users, as currently the development is speculative.

1.2 The site is rectangular in shape and measures 23 hectares. It largely reflects the boundary of the 99’ consent with the exception of the south western wedge which has been retained by the previous applicant for separate development. Additional land has also been gained at the corners of the former Biggar Road within the site, following the demolition of 2 houses and vacation of the garage premises which has sought to provide a cleaner linear definition of the site along its north and south boundaries. The site is subject of undulating topography across its width and length but predominantly slopes downward from south to north and from east to west. It mainly comprises rough scrubland but also benefits from a thick landscape screen along its eastern boundary, a mature hedge along its southern boundary and sporadic mixed planting throughout its remainder. It is dissected on a cross-form by the former Biggar Road/Glasgow and Edinburgh Road which albeit have been stopped up in legal terms, are still in-situ, the latter of which acts as an informal park and ride facility for car sharing commuters at its eastern end. A dismantled railway crosses the site on a diagonal axis at the north eastern corner, whilst a wet ditch runs along a similar trajectory within the south western corner of the site and lies partly in open channel and partly culverted.

1.3 The site is bounded to the north by the A8/M8 corridor which lies in an elevated position, to the east by open fields, to the south by a petrol filling station, Newhouse Hotel and residential properties, and to the west. by un-developed fields and beyond by Newhouse Industrial Estate. The site comprises an island in urban design terms as it is adjoined by roads on all 4 sides thereby affording it visual prominence from 4 principal frontages, particularly the A8/M8 corridor where the site is designated as a flagship location heralding entry to the Council’s southern area from Junction 6. Whilst the application is in outline only, consideration has already been afforded to the resulting impact warehouse development can have on the surrounding area. An examination has been undertaken on the site’s current physical attributes and a design statement for prospective building(s) which discusses differing design techniques, and landscape design statement for planting were submitted. A separate application for enabling works, reference no. S/06/01934/FUL is also under consideration at this meeting and provides more detail on the proposed levels for the site.

1.4 Lastly, it should be noted that there is a legal encumbrance on developing the site as imposed by a Section 75 agreement which sought to secure off-site road infrastructure improvements in association with the 99' consent. In order to render the development acceptable on highway grounds, 2 additional roundabouts were required on the A775 which runs adjacent to the southern boundary, whilst the existing roundabout adjacent to the south eastern corner of the site at the junction of the A73 with the A775 required upgrading. These works were subsequently given reserved matters consent in October 2001 under consent reference. S/01/00138/REM. To date, the existing roundabout has been upgraded and one of the additional roundabouts has been completed. There only remains the provision of the second additional roundabout to be completed and a Roads Construction Consent application has been submitted and is currently being considered. However until this is completed, the Section 75 which applies to successors in title, prevents the occupation of any buildings within the eastern third of the site. The applicants are therefore keen to complete these road works in early course in order that building occupation is not hindered following the granting of any subsequent reserved matters consent(s).

2. Development Plan

2.1 The application raises no strategic issues as Newhouse is identified on Schedule 5b of the Approved Glasgow and the Clyde Valley Joint Structure Plan 2000 as a 'Strategic Industrial and Business Location'. As such the application can be considered on the basis of the local plan policies.

2.2 The adopted Northern Area Local Plan mainly zones the site as El 'Green Belt', E2 'Urban Fringe', and E3 'Improvement of Derelict and Underused Land Within the Green Belt'. However, the south western corner is zoned as 12 'Established Industrial Areas', 14 'Industrial Land Supply' and 15 'Wholesale Distribution Depots'.

2.3 The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) provides more contemporary policy guidance and mainly zones the site as INDl 'Industrial and Business Development Opportunities'. It is also partly zoned as IND8 'Established Industrial and Business Areas'.

3. Consultations and Representations

3.1 The utility bodies raised no objections to the proposals.

3.2 Scottish Water raised no objections to the proposal but requested the developer contact them to discuss the impact of the scale of the proposals on their infrastructure given that they propose to dispose of surface water to their sewer. SEPA advised that they had no objections to the surface water proposals provided Scottish Water agreed to accept the flows. They did however seek further details on the flood risk to the site posed by the development and sought clarification on whether the relocated wet ditch to the southern boundary was to remain in open channel or to be culverted. Following the provision of further information, they were generally satisfied with the findings of the flood risk assessment, but advised that clarification should be sought at the detailed stage on the location of the parking area proposed to be utilised as a storage area as part of the surface water drainage system and that further details of overland flow routes from the M8, .embankment in relation to the proposed development should be confirmed. They advised that the relocation of the ditch in open channel would require to be licensed under the Water Environment (Controlled Activities) (Scotland) Regulations 2005. The Geo-technical Section sought detailed calculations on the SUDS proposals for the site over a range of storm events.

3.3 Transport Scotland and my Transportation Section raised no objections to the proposals following initial requests for clarification on a number of matters. They are now satisfied with the terms of the Transport Assessment and that following the completion of the new roundabout to be formed centrally on the southern boundary on the A775, the existing road network can cope adequately with the increased Class 6 floorspace to 102,000 square metres without requirement for upgrading. The applicants have advised that they wish to support sustainable modes of transport for example the, enhancement of local bus facilities, provision of cycle racks and the development of a Green Travel Plan to minimise single occupancy car trips. Similarly, Transport Scotland requested that a condition be imposed requiring the submission of a Green Travel Plan to address these matters.

3.4 Scottish Natural Heritage and NLC’s Landscape Section confirmed they were satisfied with the proposed perimeter planting regime for the site and welcomed the study undertaken advocating its professional and comprehensive nature. The Council‘s Conservation and Greening Section requested an ecological survey be undertaken to establish the existence of protected species within the site, and that landscaping and SUDS be provided within the site to maximise biodiversity.

3.5 West Of Scotland Archaeology Service commented that there may be archaeological assets remaining within the site and proposed the imposition of a suspensive condition seeking a study into these matters prior to commencement of development.

3.6 Protective Services advised that a full site investigation should be carried out to determine the existence of any contaminants. They advised on construction hours for the development and that best practical means should be employed to control site dust.

3.7 Following neighbour notification procedures, 3 letters of representation were received from an adjoining resident. The concerns raised can be summarised as follows:-

1 having lived at Newhouse for over 60 years, the proposed development would affect their way of life and environment; 2 the proposal wodd-de-value their property; 3 the provision of the new roundabout on the A775 starts directly from the entrance and egress from their property, which in itself could cause a traffic hazard due to the close proximity; 4 the type of development proposed would create commercial traffic which will cause extra noise from braking and accelerating necessitated by accessing the roundabout, and with the provision of 3 roundabouts in such close proximity would cause traffic to build up causing more noise and pollution from exhaust fumes; 5 the type of development proposed would result in traffic leaving day and night and would not allow them to open doors or windows as fumes and noise would invade their home; 6 their daily lives would be disrupted during the construction stage with no reprieve from traffic noise and fumes; and 7 the type of buildings proposed would be very close to their home and would be extremely invasive. Whilst they are aware that they’re not entitled to a view, they do not wish to have these large buildings in their face night and day.

3.8 The objectors have requested that they be heard by the Committee.

4. Planninn Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The adopted Northern Area Local Plan mainly zones the site as El ‘Green Belt‘, E2 ’Urban Fringe’, and E3 ‘Improvement of Derelict and Underused Land Within the Green Belt’. However, following the granting of outline consent S/99/01011/OUT for mixed use development, this policy has been superseded and is no longer relevant in considering development proposals at this location. The south western corner of the site is zoned as 12 'Established Industrial Areas', 14 'Industrial Land Supply' and 15 'Wholesale Distribution Depots'. These policies respectively aim to improve the appearance of industrial areas by ensuring a high standard of design alongside the incorporation of landscaping; to concentrate such development on existing industrial estates; and recognise that distribution depots are acceptable uses within industrial areas. The proposal therefore accords with these policies and the provision of landscaping will be secured under the associated enabling works application, whilst the resulting design of the building(s) will be controlled at the reserved matters stage, but note that the applicant has already shown strong regard to incorporating building(s) of high design specification at this early stage as noted in the design statement.

4.2 The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) provides more contemporary policy guidance and mainly zones the site as INDl 'Industrial and Business Development Opportunities'. This policy seeks to maintain a 10 year supply of marketable land for industrial and business development, promoting the re-use of vacant and derelict urban land. Part of the site is also zoned as IND8 'Established Industrial and Business Areas' which seeks to retain the existing character of such areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. Again, the development is considered acceptable in principle and accords with policies INDl and IND8.

4.3 Policy IND9 'Assessing Applications for Industrial and Business Development' lists the criteria which should be taken into account in assessing such applications and includes: 1) whether the proposal is located on a site forming part of the land supply for such uses; 2) whether there are deficiencies in the land supply; 3) the extent to which vacant and derelict land is to be re-used; 4) whether significant economic benefit is offered to the Plan area; 5) the suitability of the proposal to the character of the area within which it is set; 6) access to public transport infrastructure and the effect on travel patterns; 7) detailed design elements such as building height, materials and positioning; 8) provisions made for landscaping screening, fencing and security; and 9) provisions made for servicing, access, vehicle circulation, manoeuvring and parking. With regards to criteria 1-4, the site forms part of the land supply for industry and business, the entire site is vacant and the proposal will therefore bring the land into beneficial use and will generate many employment opportunities for the local community. 5) The site has had permission granted -fGy a mixed development including storage and distribution. The principle of such a development has therefore been established. As such, land at Newhouse has been carved into 2 distinct use zonings, to the north of the A775 is designated as industriallbusiness use, whilst opposite to the south is entirely Green Belt. The site's current appearance as a rough scrubland area therefore seeks to deceive its contemporary zoning but is simply a reflection of its historical status as Green Belt until the granting of the 99' consent and has remained unchanged physically since. The incorporation of the site for distribution use will seek to consolidate the built pattern along this corridor in complement with the zoning designation and is set within an area which has long witnessed the siting of warehouses and frequent generation of heavy goods vehicle traffic, albeit further west. The proposal is therefore considered suitable to the character of the area. 6) The site is ideally located adjacent to major transport corridors which suits the operational requirements of distribution uses to avoid lengthy journeys through villages to access the hierarchical road network. The site fronts a main commuter route where a bus stop is located at the south eastern corner of the site. The developer is also keen to explore the enhancement of local bus facilities, provision of cycle racks and the development of a Green Travel Plan to minimise single occupancy car trips and a condition is recommended to seek this information at the reserved matters stage. 7) The detailed design elements of the buildings will be assessed at the reserved matters stage, however the applicant has already shown strong regard to incorporating building(s) of high design specification at this early stage as noted in the design statement. 8) The developer seeks to provide perimeter planting at this stage to assist maturity of species at the time when buildings are constructed in order that a good structural screen will be in place. A condition is recommended on the enabling works application to secure the provision of this landscaping, whilst a condition is also recommended on this consent to secure internal landscaping which links to, and complements the perimeter scheme already approved, thereby attaining a high amenity setting for the resulting building(s) which is so important on this site given its visual prominence from 4 main vantage points, particularly the A8/M8 corridor. 9) Lastly, the provision of servicing, access and manoeuvring will be dealt with at the reserved matters stage. Overall, the proposal is considered to comply with policy IND9.

4.4 Policy TR13 'Assessing the Transport Implications of Development' requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. A Transportation Statement was submitted to demonstrate that the road network could cope with the alteration in traffic flows resulting from the increase in Class 6 floorspace. Transport Scotland and my Transportation Section were both satisfied with the findings and the former recommended the imposition of a condition requiring the submission of a Green Travel Plan to further control matters. A condition has been duly recommended and the proposal therefore accords with policy TRI 3.

4.5 With regard to remaining consultation responses, a comprehensive site investigation report was submitted in support of the enabling works application and Protective Services were generally satisfied with the information submitted in respect of contamination, but requested that further information be submitted prior to works commencing on site and that conditions be imposed to secure this information. Conditions are recommended on the enabling works application and I am satisfied that considerations in respect of contamination will be suitably covered. With regard to the other comments made by NLC Protective Services, both construction noise and dust emission are matters controlled separately under Environmental legislation and have no bearing on the determination of this application.

4.6 As the surface water is proposed to dispose to the public sewer, a condition is recommended on this consent to cover the requirements of Scottish Water. SEPA advised they were generally satisfied with the findings of the flood risk assessment and draft drainage strategy but requested clarification on surface water run-off and storage at the detailed stage and a condition is recommended on this consent to cover these matters. Relocation of the ditch and the importation of waste to the site, are matters controlled by separate legislation and have no bearing on the consideration of this application. The provision of space for waste storage will be dealt with at the reserved matters stage. With regards to the Geo-technical Section's request for detailed SUDS information, a condition is recommended on this consent requiring the submission of a definitive drainage strategy at the reserved matters stage, at which time, details of the buildings and hard standing areas will be known to enable definitive calculations for surface water attenuation.

4.7 With regards to SNH aad NLC Community Services comments, conditions are recommended on the separate enabling works application to secure the provision of the perimeter landscape scheme, whilst a condition is recommended on this application to secure appropriate phasing of internal landscaping works at the reserved matters stage which link with, and complement the perimeter scheme. An ecological study was submitted under the enabling works application which confirmed the existence of no statutorily protected species on the site, which was accepted by both parties. Conditions are also recommended requiring re-surveys for bats and badgers if more than 6 months passes between the timing of the initial survey and commencement of works, and that vegetation removal should be outwith the bird-breeding season.

4.8 With regards to WOSAS' comments, a condition is recommended requiring the submission of an archaeological investigation.

4.9 With regard to the terms of objection, I would comment as follows: 1 the objectors live in an area where a hotel, industrial estate and major transport corridor all lie in close proximity. The character of the area is therefore a mix of commercial, industrial and Green Belt. The site has had permission granted for a mixed development including storage and distribution. The principle of such a development has therefore been established. In addition, the present application relates only to the principle of increased floorspace for Class 6 developemnt and not to the detailed development proposals: 2 de-valuation of property is not a material consideration in the determination of this application; 3 the provision of the new roundabout on the A775 already has reserved matters consent under consent no. S/O1/00138/REM and does not form part of this planning application, nor can its merits be revisited. The siting, configuration and geometry were all approved by my Transportation Section at that time and are considered acceptable on highway safety grounds; 4-6 it is accepted that additional driving manoeuvres will be required as a result of the roundabout but should not be such as to give rise to significant increases in noise or pollution. In addition, my Protective Services Section did not consider a noise survey necessary for the proposal and pollution from exhausts is controlled under separate legislation; and 7 the scale, design and siting of buildings will not be clarified until the reserved matters stage. Nevertheless, buildings will be separated from the objectors home by the provision of a substantial landscape buffer set atop bunding which will collectively seek to screen the buildings from view and retain a pleasant outlook for adjacent residents.

4.10 Having taken all matters into account, I consider the proposal to comply with the Development Plan and that the requirements of consultees can be suitably met through the imposition of conditions. The issues raised by the objector have been covered above. I therefore recommend that outline planning consent be granted subject to conditions.

4.1 1 It should be noted that the objector has requested that a hearing be undertaken by Committee prior to the determination of the application. Application No: S/06/01934/FUL

Date Registered: 23rd November 2006

Applicant: ProLogis Developments Ltd 1 Monkspath Hall Road Solihull West Midlands B90 4FY

Agent Turley Associates 80 St Vincent Street Glasgow G2 5UB

Development: Enabling Works Comprising Site Remediation, Regrading of Land, Site Drainage, Provision of Car Park, Landscaping and Associated Works

Location: Land South West Of Jct 6 M8 Edinburgh Road Newhouse

Ward: 27 Holytown Councillor James Coyle JP

Grid Reference: 278929661580

File Reference: S/PL/B/6/67(228)/JD

Site History: S/99/0101I/OUT - Erection of Mixed Use Commercial Development Including Storage and Distribution Depots, Hotel and Leisure Development and a Fast Food Outlet with Associated Road Works and Landscaping, Granted 4 October 2001.

S/01/00138/REM - Alterations to Roundabout at A73/A775 Junction and Construction of Two Roundabouts on A775, Granted 4 October 2001.

S/03/00297/FUL - Construction of Access Road and Roundabout, Granted 9 May 2003.

S/06/01922/OUT - 24 hour Operational Class 6 Storage/Distribution Development of 102,000 square metres in floor area (In Outline), Pending Decision.

Development Plan: Adopted Northern Area Local Plan - zoned mainly as El Green Belt, E2 Urban Fringe, and E3 Improvement of Derelict and Underused Land Within the Green Belt. South western corner zoned as 12 Established Industrial Areas, 14 Industrial Land Supply and 15 Wholesale Distribution Depots. Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) - zoned mainly as INDl Industrial and Business Development Opportunities. Zoned partly as IND8 Established Industrial and Business Areas. Contrary to Development Plan: No

Consultations: Transport Scotland (No objection) SEPA (Comments) Scottish Water (No objection) British Gas (No objection) Scottish Power (No objection) British Telecom (No objection) Scottish Natural Heritage (No objection) THUS Plc (Comments) West Of Scotland Archaeology Service (Comments) NLC Community Services (Comments)

Representations: 3 letters of representation received.

Newspaper Advertisement: Not Required \ Jt 3 Representations in total.

ihrmap U RPrd"& mm OIJ"l~*SYMY PLANNING APPLICATION No S / 06 / 01934 / FUL matera wimmeprmgs~ndOre~nseSurrey m hdIdtnFCan~ilerdHElMqlestVI Produced by Statomrycms oc,Mmoynohf "naumanv rePrmLCtOn nmn~aCmnnCap""0" and may North Lanarkshire Council Badlopm~mDICIVIIPIDCL.d,nD. Planning and Environment Dept ENABLING WORKS COMPRISING SITE REMEDIATION, No""Lmmbwecw"~ 1m2m 2u Fieming House, REGRADING OF LAND, SITE DRAINAGE, PROVISION OF 2 Tryst Road Cumbernauld CAR PARK, LANDSCAPING AND ASSOCIATED WORKS G67 1JW LAND SOUTH WEST OF JUNCTION 6, M8 I EDINBURGH rbhire ROAD, NEWHOUSE Coyndl telO1236616210 fa(11236 616232 * Representation Site Area = 21 13 ha 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 the mitigation measures as recommended in Section 1.5 of the ERM Report entitled ‘Link Park Scotland Ecological Statement Final Report‘ dated November 2006, shall be implemented in full to the satisfaction of the Planning Authority and Scottish Natural Heritage.

Reason: In the interests of protecting natural assets on the site.

3. That should 6 months or more elapse between the timing of the initial ecological survey dated November 2006 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats (between the periods of April to August), 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.

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

4. That with the exception of the Permitted Development works of mine grouting and service diversion/removal, no vegetation shall be cut or removed during the bird-breeding season which is March to September inclusive.

Reason: To minimise the risk to wild birds and their nests to ensure legal compliance with the requirements of the Wildlife and Countryside Act 1981 and the Nature Conservation (Scotland) Act 2004.

5. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the existing trees to be retained on the east and south-eastern boundaries of the site as shown on approved plan no. B02, and noted on Section 2.3 of the Report entitled ‘Proposed Development at Prologis Park, Newhouse Landscape Design Statement‘, dated November 2006 and shall not be removed without the approval in writing of the Planning Authority.

Reason: To ensure the protection of trees identified for retention, in the interests of the visual amenity of the site.

6. That prior to the commencement of the regrading and landscape mounding works, a report shall be submitted by a suitably qualified structural engineer to confirm the structural stability of the resulting gradients of land on site and a validation certificate submitted within 3 months following these works, confirming they have been carried out in full and to a satisfactory standard.

Reason: In the interests of health and safety.

7. That the regrading works hereby approved shall be phased such that no works shall take place on the location of the existing informal park & ride facility on the former Glasgow and Edinburgh Road within the site, until the new facility as shown on approved plan ‘Proposed Roads Infrastructure’ no. A006 has been completed to the satisfaction of the Council.

Reason: To ensure the provision of adequate parking for car sharing commuters at all times to avoid on-street parking in the interests of highway safety. 8. That before the new park & ride facility hereby permitted becomes operational, 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. Furthermore, a plan shall be submitted for the approval of the Planning Authority detailing the provision of a footway/footpath at the entrance to the proposed car park linking it with the existing footway on the A775 Edinburgh Road. The said footway shall thereafter be completed as approved before the park and ride facility becomes operational

Reason: To ensure the provision of adequate parking facilities within the site and suitable pedestrian access arrangements.

9. That within 6 months of the completion of the re-grading works hereby approved, the perimeter landscaping as proposed on the Report entitled 'Proposed Development at Prologis Park, Newhouse Landscape Design Statement', dated November 2006 and as shown on approved plan 'Landscape Infrastructure Proposal no. B02', shall be completed in full to the satisfaction of the Planning Authority; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the area and to maximise bio-diversity.

10. That notwithstanding the terms of condition 9 above, following the completion of the planting works, the area outlined in BLUE on the approved plans 'Landscape Infrastructure Proposal no. B02' and 'Proposed Road Infrastructure no. A006', shall be set aside to facilitate the future expansion of the Park & Ride Facility by the Council's Roads Authority at an appropriate date set by them as dictated by demand.

Reason: To enable the provision of additional parking spaces to meet some future demand of car sharing commuters at this location, to remove the occurrence of on-street parking on Edinburgh Road in the interests of highway safety.

11. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

Reason: To ensure that adequate archaeological investigations are carried out and recorded, in the interests of the history of the site.

12. That before the development hereby permitted starts, a further report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed. For the avoidance of doubt, particular regard shall be paid to gas risks and the interaction between site groundwater and development proposals (drainage in particular).

Reason: To ensure the suitability of the site for the proposed development and to protect watercourses from pollution. 13. That following the completion of any or all of the works required under the terms of condition 12 above, a certificate from a suitably qualified person 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 12 and in the interests of Health and Safety.

14. That before the development hereby permitted starts, confirmation shall be provided to the Planning Authority on the estimated volume of any excess material requiring to be taken off-site following the cut and fill regrading works and landscape mounding, and should any excess material arise, the following requirements shall be met in full during the course of these works:-

a) That prior to the commencement of enabling works, wheel cleaning equipment shall be installed, details of which and their location, shall be agreed in writing by the Planning Authority prior to installation and shall be maintained throughout the duration of the operations to the satisfaction of the Planning Authority and in the event of any deposit of mud or any other material on the A775 Edinburgh Road, the deposits shall be cleared as soon as possible; b) That the movement of vehicles to and from the site shall only take place between the hours of 0800 and 2000 hours Monday to Friday and 0800 to 1800 hours Saturday with no off-site movements occurring on Sunday; c) That all vehicles leaving the site carrying material shall be fully covered by haps or sheets; and d) That all vehicles and mobile plant on site shall be properly maintained, and provided with suitable and effective silencers where appropriate, or provided with full acoustic screening.

Reason: To prevent mud or detritus being carried onto the public roads in the interests of road safety; in order to protect the amenity of residents and reduce the impact of lorry movements on the road network; to minimise dust emissions and to prevent material falling onto the public roads in the interests of amenity and road safety; and to minimise noise generation from planffvehicle movement in the interest of amenity.

15. That no movements of soil shall take place except when the soil to be transported is in a suitably dry soil moisture condition, and conditions are sufficiently dry for the topsoil to be separated from the subsoil, to the satisfaction of the Planning Authority

Reason: In the interests of soil management.

16. That the following dust suppression measures and investigation protocols shall be implemented to the satisfaction of the Planning Authority during the course of the works:-

(a) dust suppression equipment, including water spray equipment, shall be available on site at all times and used as required to prevent dust emissions from the site. All areas likely to give rise to airborne dust shall be watered at regular intervals to prevent any dust emission adversely affecting adjoining land or residents.

(b) any adverse increase in dust levels, due to site operations, shall be immediately investigated by the site operator. Where identified, any operations giving rise to adverse increases in dust levels shall be suspended until such time as appropriate remedial measures have been implemented. A log book shall be held on site and be available for inspection at any reasonable time, by an officer of the Planning Authority, detailing any such adverse increases in dust levels, the subsequent investigations and any remedial action implemented.

(c) where a local resident has cause to make a complaint about dust generated from the site, the site operator shall carry out investigations to establish the justification, or otherwise, of the complaint. Details of the complaint, the likely cause and relevant remedial action shall be entered in a log book, on held on site. The said log book shall be kept available for inspection at any reasonable time by an officer of the Planning Authority. Reason: To minimise dust generation from the site in the interests of amenity.

17. That within three months of the last of the enabling works hereby approved, all fixed equipment, plant, and machinery shall be removed from the site.

Reason: In the interests of the amenity of the site,

Background Papers:

Application form and plans received 23rd November 2006

Letter from Transport Scotland received 8'h December 2006 & 14th March 2007 Letters from Scottish Environment Protection Agency received 26th January 2007, 23rd February 2007, 28thFebruary 2007, dhMarch 2007 & 13'h March 2007 Letter from Scottish Water received 6th December 2006 Letter from British Gas received 8th December 2006 Letters from Scottish Power received 23rd November 2006 & 3rdJanuary 2007 Letter from British Telecom received 13th December 2006 Letters from Scottish Natural Heritage received 15th December 2006 Letter from THUS Plc received 18th December 2006 Letters from West Of Scotland Archaeology Service received 9th February 2007 & 8th March 2007

Memos from Transportation Team Leader received 4th December 2006, 16'h February 2007, 6th March 2007 & 8th March 2007 Memos from Geotechnical Team Leader received 13'h December 2006 & 15th December 2006 Memo from Protective Services received gthMarch 2007 Memos from Community Services received 18th December 2006 & 10th January 2007

Letters from Mr & Mrs G Muir, 4 Pollockshill, Newhouse, MLI 5SY received 12th December 2006, 28'h December 2006 and gthJanuary 2007.

Glasgow and the Clyde Valley Joint Structure Plan 2000 Adopted Northern Area Local Plan 1986 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01698 302104. APPLICATION NO. S/06/01934/FUL

REPORT

1. DescriDtion of Site and ProDosal

1.1 Detailed consent is sought for enabling works in association with a forthcoming Class 6 storage/distribution development which is also under consideration at this meeting under reference S/06/01922/OUT on land south west of Junction 6 M8, Edinburgh Road, Newhouse. In order that no unnecessary delays are incurred on commencing development once reserved matters consent is issued, the applicants have chosen to submit a detailed application for enabling works to afford early preparation of the site for the resulting development. The enabling works comprise the remediation of the site to remove contaminants, re-grading of land through a series of cut and fill techniques, relocation of a wet ditch to the southern boundary to free up developable land, provision of perimeter landscaping and a park and ride car parking facility of 55 spaces for car sharing commuters. Removal of redundant services, diversion of apparatus and grouting of mine workings are also proposed under permitted development rights. The re-grading works will result in the substantial excavation of the site at the south- eastern boundary thereby lowering it by approximately 5 metres from its current level. Further cut and fill works will create 3 plateaus, each lowering in level on a westward course. The finished design levels will result in the segregation of the site in terms of vehicular accessing arrangements. Traffic for the eastern half of the site will exclusively access the site from a new roundabout still to be formed centrally on the southern boundary off the A775 which was given reserved matters consent under reference S/01/00138/REM. Traffic for the western half of the site will similarly exclusively access the site off the existing roundabout at the western edge of the site.

1.2 The site is rectangular in shape and measures 23 hectares. It largely reflects the boundary of that previously given outline consent under reference S/99/0101 I/OUT for a mixed commercial development, with the exception of the south western wedge which has been retained by the previous applicant for separate development. Additional land has also been gained at the corners of the former Biggar Road within the site, following the demolition of 2 houses and vacation of the garage premises which has sought to provide a cleaner linear definition of the site along its north and south boundaries. The site is subject of undulating topography across its width and length but predominantly slopes downward from south to north and from east to west. It mainly comprises rough scrubland but also benefits from a thick landscape screen along its eastern boundary, a mature hedge along its southern boundary and sporadic mixed planting throughout its remainder. It is dissected on a cross-form by the former Biggar Road/Glasgow and Edinburgh Road which albeit have been stopped up in legal terms, are still in-situ, the latter of which acts as an informal park and ride facility for car sharing commuters at its eastern end. A dismantled railway crosses the site on a diagonal axis at the north eastern corner, whilst a wet ditch runs along a similar trajectory within the south western corner of the site and lies partly in open channel and partly culverted.

1.3 The site is bounded to the north by the A8/M8 corridor which lies in an elevated position, to the east by open fields, to the south by a petrol filling station, Newhouse Hotel and residential properties, and to the west by un-developed fields and beyond by Newhouse Industrial Estate. The site comprises an island in urban design terms as it is adjoined by roads on all 4 sides thereby affording it visual prominence from 4 principal frontages. A landscape design statement for planting was submitted, which principally proposes to provide a continuous native tree and shrub belt around the perimeter of the site of varying depth built atop mounding to give initial structure and form to the landscape of the development when viewed from the surroundings. This arrangement was chosen as it enables creation in advance of development but still allows flexibility in the internal layout. As development progresses, the internal landscape treatment will be designed to complement and link with the perimeter planting. 1.4 In addition to the Landscape Design Statement, environmental impact studies covering Flood Risk, Ecology, and Site Investigation were also submitted at the registration stage of the application to allow immediate detailed consideration of the proposals and to expedite matters enabling an earlier decision on the application.

2. Development Plan

2.1 The application raises no strategic issues as Newhouse is identified on Schedule 5b of the Approved Glasgow and the Clyde Valley Joint Structure Plan 2000 as a 'Strategic Industrial and Business Location'. As such the application can be considered on the basis of the local plan policies.

2.2 The adopted Northern Area Local Plan mainly zones the site as El 'Green Belt', E2 'Urban Fringe', and E3 'Improvement of Derelict and Underused Land Within the Green Belt'. However, the south western corner is zoned as 12 'Established Industrial Areas', 14 'Industrial Land Supply' and 15 'Wholesale Distribution Depots'.

2.3 The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) provides more contemporary policy guidance and mainly zones the site as INDl 'Industrial and Business Development Opportunities'. It is also partly zoned as IND8 'Established Industrial and Business Areas'.

3. Consultations and Representations

3.1 The utility bodies raised no objections to the proposals. The developer intends to remove redundant services and divert apparatus, however these works are permitted development and would be matters to be agreed independently of the planning process between the developer and affected utility bodies.

3.2 Scottish Water raised no objections to the proposal but requested the developer contact them to discuss the impact of the scale of the proposals on their infrastructure given that they propose to dispose of surface water to their sewer. SEPA advised that they had no objections to the surface water proposals provided Scottish Water agreed to accept the flows. They did however seek further details on the flood risk to the site posed by the development and sought clarification on whether the relocated wet ditch to the southern boundary was to remain in open channel or to be culverted. Following the provision of further information, they were generally satisfied with the findings of the flood risk assessment, but advised that clarification should be sought at the detailed stage on the location of the parking area proposed to be utilised as a storage area as part of the surface water drainage system and that further details of overland flow routes from the M8 embankment in relation to the proposed development should be confirmed. They advised that the relocation of the ditch in open channel would require to be licensed under the Water Environment (Controlled Activities) (Scotland) Regulations 2005. The Geo-technical Section sought detailed calculations on the SUDS proposals for the site over a range of storm events. They advised that the structural integrity of the proposed slopes would require to be verified by a suitably qualified structural engineer.

3.3 Transport Scotland raised no objections to the proposals. Similarly, the Transportation Section raised no objections to the proposals and considered that the provision of 55 parking spaces for the park and ride facility were sufficient to meet the current demand of car sharing commuters at this location. However, they requested that additional land be set aside to allow for some future expansion of this area should demand dictate its necessity. They also advised that a pedestrian footway be provided at the entrance to the proposed car park to link with the existing footway on Edinburgh Road. Whilst the Transportation Section would have preferred that both roundabouts could be used as access for vehicles, they accept that the engineering solution for the plateaus dictates that access will be segregated on the site as described above in paragraph 1.I above.

3.4 Scottish Natural Heritage and NLC's Landscape Section confirmed they were satisfied with the proposed perimeter planting regime for the site and welcomed the study undertaken advocating its professional and comprehensive nature. The Council's Conservation and Greening Section requested an ecological survey be undertaken to establish the existence of protected species within the site, and that landscaping and SUDS be provided within the site to maximise biodiversity. Subsequently, Scottish Natural Heritage and NLC Community Services confirmed they were satisfied with the findings of the ecological survey and that no statutorily protected species were evident on the site. SNH did however also advise that re-surveys may be required depending on the length of time between initial surveys and when works begin on site. As such, they recommended the imposition of conditions to cover this alongside restriction on vegetation removal to be outwith the bird breeding season.

3.5 West Of Scotland Archaeology Service commented that there may be archaeological assets remaining within the site and proposed the imposition of a suspensive condition seeking a study into these matters prior to commencement of development.

3.6 Protective Services were generally satisfied with the information submitted in respect of contamination, but requested that further information be submitted prior to works commencing on site and that conditions be imposed to secure this information.

3.7 Following neighbour notification procedures, 3 letters of representation were received from an adjoining resident. The concerns raised can be summarised as follows:-

1 having lived at Newhouse for over 60 years, the proposed development would affect their way of life and environment; 2 the proposal would de-value their property; 3 the provision of the new roundabout on the A775 starts directly from the entrance and egress from their property, which in itself could cause a traffic hazard due to the close proximity; 4 the type of development proposed would create commercial traffic which will cause extra noise from braking and accelerating necessitated by accessing the roundabout, and with the provision of 3 roundabouts in such close proximity would cause traffic to build up causing more noise and pollution from exhaust fumes; 5 the type of development proposed would result in traffic leaving day and night and would not allow them to open doors or windows as fumes and noise would invade their home; 6 their daily lives would be disrupted during the construction stage with no reprieve from traffic noise and fumes; and 7 the type of buildings proposed would be very close to their home and would be extremely invasive. Whilst they are aware that they're not entitled to a view, they do not wish to have these large buildings in their face night and day.

3.8 The objectors have requested that they be heard by the Committee.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The adopted Northern Area Local Plan mainly zones the site as El 'Green Belt', E2 'Urban Fringe', and E3 'Improvement of Derelict and Underused Land Within the Green Belt'. However, following the granting of outline consent S/99/0101I/OUT for mixed use development, this policy has been superseded and is no longer relevant in considering development proposals at this location. The south western corner of the site is zoned as 12 'Established Industrial Areas', 14 'Industrial Land Supply' and 15 'Wholesale Distribution Depots'. These policies respectively aim to improve the appearance of industrial areas by ensuring a high standard of design alongside the incorporation of landscaping; to concentrate such development on existing industrial estates; and recognise that distribution depots are acceptable uses within industrial areas. The proposal will facilitate a forthcoming distribution development and therefore accords with these policies. The provision of landscaping will be secured by a recommended condition, whilst the resulting design of the building(s) will be controlled at the reserved matters stage, but note that the applicant has already shown strong regard to incorporating building(s) of high design specification at this early stage as noted in the design statement submitted with the outline application.

4.2 The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) provides more contemporary policy guidance and mainly zones the site as INDl 'Industrial and Business Development Opportunities'. This policy seeks to maintain a 10 year supply of marketable land for industrial and business development, promoting the re-use of vacant and derelict urban land. Part of the site is also zoned as IND8 'Established Industrial and Business Areas' which seeks to retain the existing character of such areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. Again, the development is considered acceptable as it will facilitate a distribution development and accords with policies INDl and IND8.

4.3 A comprehensive site investigation was undertaken to assess the existence of any contaminants in light of the former railway and mineral use of the site and extensive land moving works proposed. Policy ENV4 'Contaminated Land' states that the Council will require developers to investigate the site conditions of land which is known or suspected to be contaminated prior to development being implemented. My Pollution Control Section were generally satisfied with the information submitted in respect of contamination, but requested that further information be submitted prior to works commencing on site and that conditions be imposed to secure this information. Conditions are recommended and I am satisfied that considerations in respect of contamination will be suitably covered. As such, the proposal is considered to comply with policy ENV4.

4.4 Policy TR13 'Assessing the Transport Implications of Development' requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. As detailed at paragraph 3.3 above, Transport Scotland and my Transportation Section raised no objections to the proposals. The development is therefore considered to comply with policy TR13.

4.5 With regard to the remaining consultation responses, as the surface water is proposed to dispose to the public sewer, a condition is recommended on the separate outline consent to cover the requirements of Scottish Water. SEPA advised they were generally satisfied with the findings of the flood risk assessment and draft drainage strategy but requested clarification on surface run-off and storage at the detailed stage and a condition is recommended on the outline consent to cover these matters. Relocation of the ditch and the importation of waste to the site, are matters controlled by separate legislation and have no bearing on the consideration of this application. The provision of space for waste storage will be dealt with at the reserved matters stage. With regards to the Geo-technical Section's request for detailed SUDS information, a condition is recommended on the outline consent requiring the submission of a definitive drainage strategy at the reserved matters stage, at which time, details of the buildings and hard standing areas will be known to enable definitive calculations for surface water attenuation. With regards to the Geotechnical Section response on slope stability, a condition is recommended to address this matter.

4.6 With regards to SNH and NLC Community Services comments, conditions are recommended to secure the provision of the perimeter landscape scheme. The ecological study confirmed the existence of no statutorily protected species on the site, which was accepted by both parties. However, the report advises several mitigation measures to be undertaken during construction to ensure no adverse effects to protected species which may subsequently be present on site and a condition is recommended to address this matter. Conditions are also recommended requiring re-surveys for bats and badgers if more than 6 months passes between the timing of the initial survey and commencement of works, and that vegetation removal should be outwith the bird-breeding season.

4.7 With regards to WOSAS' comments, a condition is recommended requiring the submission of an archaeological investigation.

4.8 With regard to the terms of objection, I would comment as follows:

1 the objectors live in an area where a hotel, industrial estate and major transport corridor all lie in close proximity. The character of the area is therefore a mix of commercial, industrial and Green Belt. The site has had permission granted for a mixed development including storage and distribution. The principle of such a development has therefore been established. In addition, the present application relates only to the ground preparation works and not to the detailed development proposals; 2 de-valuation of property is not a material consideration in the determination of this application; 3 the provision of the new roundabout on the A775 already has reserved matters consent under consent no. S/O1/00138/REM and does not form part of this planning application, nor can its merits be revisited. The siting, configuration and geometry were all approved by my Transportation Section at that time and are considered acceptable on highway safety grounds; 4-6 it is accepted that additional driving manoeuvres will be required as a result of the roundabout but should not be such as to give rise to significant increases in noise or pollution. In addition, my Protective Services Section did not consider a noise survey necessary for the proposal and pollution from exhausts is controlled under separate legislation; and 7 the scale, design and siting of buildings will not be clarified until the reserved matters stage. Nevertheless, buildings will be separated from the objectors home by the provision of a substantial landscape buffer set atop bunding which will collectively seek to screen the buildings from view and retain a pleasant outlook for adjacent residents.

4.9 Having taken all matters into account, I consider the proposal to comply with the Development Plan and that the requirements of consultees can be suitably met through the imposition of conditions. The issues raised by the objector have been covered above. I therefore recommend that planning consent be granted subject to conditions.

4.10 It should be noted that the objector has requested that a hearing be undertaken by Committee prior to the determination of the application. Application No: S1061021131FUL

Date Registered: 18th January 2007

Applicant: Mr K O'Mara - 3 Braid Avenue Dalriel Park Motherwell

Agent lan Keachie 72 North Orchard Street Motherwell MLI 3JL

Development: Construction of Two Dwellinghouses

Location: Land Adjacent To 17 Bellside Road Bellside Cleland Motherwell MLI 5NP

Ward: 19 Cleland Councillor James Martin JP

Grid Reference: 280642 658386

File Reference: SIPLIBl4123

Site History: . Flone

Development Plan: The site is zoned as Policy ENV 6 (Green Belt) in the Southern Area Local Plan Finalised Draft (Modified June 2001, 2004 & 2005)

Contrary to Development Plan: Yes

Consultations: NLC Community Services Scottish Natural Heritage Network Rail

Representations: One letter of representation received.

Newspaper Advertisement: Advertised on 7th February 2007

Recommendation: Refuse for the Following Reasons:-

1. That the proposed new dwellings are contrary to Policy TR 13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that they would result in additional traffic movements to the detriment of road safety as the proposed access is substandard due to inadequate visibility in both directions.

2. That the proposed develqpnent is contrary to Policy HSG 10 (Assessing Applications for Housing Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that the design of the two houses would be out of character with the surrounding Produced by Norlh Lanarkshire Council Planning Application No. S I06 / 021 13 / FUL manning and Environment Dept Fieming HOU~B,2 Tryst Road Cumbernauld, 067 1JW Construction of Two Dwellinghouses tel01236816210 lax 01236 616232 Land Adjacent To 17 Bellside Road, Bellside, Cleland, This map is reproduw homOrdnanoesurvey Mothewell mteriai mth the PermlirDn of Ordnance survey on behalf ofthe bntrdler of Hsr MsMsVr *oonwyOffce OCrwmoopyright Unauthoiiaed Representation Site Area 0.05 ha. reprodudion infringesCrow mpyright and my * lead to PlOSBCubn or civil pmdings Norlh Lanaikrhlre Counc~llWo23388 2ad area as they are too high, and that they have substandard garden ground available.

3. That the proposal is contrary to Policy ENV 13 (Biodiversity) 13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) as no Protected Species Survey has been provided in order to determine if any significant impact on wildlife will result from this development.

Background Papers:

Application form and plans received 29th December 2006

Memo from Traffic and Transportation Team Leader (Southern Area) received 21'' February 2007 Memo from Head of Protective Services received 9th February 2007 Memo from Community Services received by email 7'h March 2007 Letter from Scottish Natural Heritage received 15th February 2007 Letter from Network Rail, Buchanan House, 58 Port Dundas Road, Glasgow, G4 OLQ received 9th January 2007.

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

Any person wishing to inspect these documents should contact Mr Mick Welsh at 01698 302099.

Date - 16th March 2007 APPLICATION NO. S1061021131FUL

REPORT

1. Description of Site and Proposal

1.I Detailed planning permission is sought for the erection of two detached, two storey dwellings on land at Bellside Road, Cleland. Access to the two sub-plots is proposed via a central double driveway onto Bellside Road. The application site is located to the north side of the Bellside Road with an existing railway line and embankment to the rear, The site is comprised of an area of rough, uneven ground and unknown dumped material which has been in place for some time with self-sown trees growing out of this waste material. There is a vacant plot to the west of the proposed site, and a one and a half storey semi-detached sandstone-fronted house with dormer windows to the east. Directly opposite is a similar vacant plot.

2. Development Plan

2.1 The application raises no strategic issues in terms of the Structure Plan and can therefore be assessed in terms of local p!an policies.

2.2 The site is covered by Policy ENV 6 (Green Belt) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Representations

3.1 My Traffic and Transportation Team Leader has serious concerns regarding this proposal and recommends refusal as the required visibility splays from the proposed accesses onto the 87029 Bellside Road are inadequate.

3.2 My Protective Services Section have requested that a site investigation survey should be submitted and any necessary remediation work be completed prior to the commencement of development. Additionally, they have also requested that a noise and vibration impact assessment should be undertaken in order to assess any possible adverse effects that rail traffic may have on the development when completed. Furthermore, they have commented that the construction hours of noise-producing works should be limited and suitable dust measures put in place.

3.3 NLC Community Services (Landscaping Section) have serious reservations in principle about a development of this size on this site. They have advised that there is insufficient information to fully comment on the development details to justify any acceptance of this proposal. Conservation and Greening Section has no objection to the development on this site provided a number of conditions and recommendations are incorporated into the development. They request that a badger survey be completed with advice on mitigation subject to its findings, and that an ecologist should assess the site for potential bat roosts and, if there is one present, that a bat emergence survey should be carried out - again with mitigation advice subject to its findings. Should the proposal be approved, a number of recommendations are listed to enhance biodiversity on the site, including permeable car parking.

3.4 Scottish Natural Heritage has reserved its position until the submission of a Protected Species Survey which details the impact of the proposal on bats and badgers. They also indicate the need for conditions regarding the timing of tree removal.

3.5 Following the neighbour notification and press advertisement, one letter of representation from Network Rail has been received in relation to this application, and no objections. Network Rail note a number of standard requirements for any works adjacent to an existing railway line, and have copied the same letter to the applicanffagent.

4. Planninrr Assessment and Conclusions

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

4.2 The site is covered by Policy ENV 6 (Green Belt) in the Southern Area Local Plan, Finalised Draft (Modified June 2001, 2004 & 2005). The proposal is contrary to the site’s current zoning in the Local Plan. However, this site is in reality a gap site in an otherwise urban area of Cleland. Although the application is contrary to Policy ENV 6, the proposed development would not harm the character or function of the Green Belt at this location...

4.3 The proposal requires to be assessed in terms of Policy HSG 12 (Housing in the Green Belt and Countryside) as it is located on a site currently zoned within the Green Belt, and this requires account to be taken of the following criteria: the visual prominence of the site; the compatibility of the design to a rural location; the incorporation of traditional design features and external finishing materials, and; the provision made for vehicular access and site drainage. As indicated at paragraph 4.2 above, the site is a gap site situated amongst other houses on Bellside Road. It is therefore of more relevance to consider the proposal against policy HSG 10 (Assessing Applications for Housing Development)

.I%* r 4.4 Policy HSG 10 (Assessing Applications for Housing Development) indicates that the following criteria should be taken into consideration: the impact of the development on the existing built and natural environment; detailed design elements such as building height, materials and positioning; provision of landscaping, screening, open space, and; provision made for roads, access and parking. In terms of the impact on the existing built environment the proposed houses are approximately 8 metres in height and incorporate a two-storey element at one half of each front elevation. In height and style the proposed houses would appear two storey and would be out of character with the other dwellings at this part of Bellside Road. The existing house at no. 17 Bellside Road is single storey in height and features a traditional dormer and the house at 13 Bellside Road is a modern bungalow but is approximately 6 metres in height. The overall height of the building, and the disproportionate relationship between the height of the walls on the front and rear elevations against the height of the roof makes the houses look top heavy in comparison with the existing house next door and with other nearby houses. The proposed houses are therefore not in keeping with the existing built environment at this location. The use of materials to match the neighbouring properties could be ensured by appropriate conditions. In terms of landscaping and open space the proposal requires to be assessed against the Council’s ‘Developer’s Guide to Open Space’ . The minimum space standards required for garden areas around new dwellings are a rear garden depth of 10m and a front garden depth of 6m. The proposal indicates only 7.5m and 9.6m at the longest points for the rear gardens at Plots 1 & 2 respectively, and only 4.5m to the front for both plots. In this instance, the application site cannot sufficiently accommodate two dwellings in terms of the open space requirements. Although most of the houses on this side of Bellside Road, backing onto the railway line, have less than standard rear gardens this is accommodated by larger side gardens. In this case, however, the available side gardens would require to be taken up by parking and turning provision. The amount of garden ground provided therefore falls short of the minimum standards required. Although there will probably be little impact on the natural environment as this is a relatively small site, a Protected Species Survey should be submitted before consent is given. This has not yet been submitted. This will be addressed in relation to Policy ENV 13 at paragraph 4.6 below. Roads , access and parking will be considered in relation to Policy TR13 in paragraph 4.5 4.5 Policy TR 13 (Assessing the Transport Implications of Development) requires that the application be considered 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; the provisions made for access, parking and vehicle manoeuvring. My Transportation Section have noted that the required visibility splays of 2.5m x 120m in both directions compared with the achievable splays of 2.5m x 30m to the west and 2.5m x 40m to the east are inadequate. There is no alternative access for the proposed site or scope to improve the visibility as it is curtailed by the geometry of the road and the adjacent bend. Amending the position of the site access would only gain a few metres visibility and hence would not meet my Transportation Leader’s requirements. Given that the proposal will result in additional traffic movements on this substandard access, which would be to the detriment of road safety, the proposal is contrary to Policy TR 13.

4.6 Policy ENV 13 indicates that the Council will seek to maintain and enhance the natural resources of the plan area by the protection of habitats and species which are vulnerable and/or specifically protected. As indicated at paragraphs 3.3 and 3.4 above habitat surveys are required in this instance but have not been submitted. In this case the impact on habitats and species can not be assessed. The application must therefore be considered to be contrary to policy ENV 13.

4.7 In terms of the consultation response received from my Protective Services Section no noise assessment has yet been submitted, the requirement for a site investigation report could be subject to a condition and construction hours and dust can be addressed by advisory notes to the applicant, should this proposal be granted. The issues raised in the response from Network Rail may be addressed through the imposition of advisory notes to the applicant. Scottish Natural Heritage require a Protected Species Survey be submitted under European legislation. The lack of such a survey would be reason for refusal under Policy ENV 13.

4.8 In conclusion the proposal is unacceptable and would not accord with the criteria stipulated in Local Plan Policies TR 13, ENV 6, ENV 13, HSG 10 and HSG 12, and the Council’s Open Space Guidelines. The proposal would set an undesirable precedent, especially in terms of Policies TR 13, ENV 13 and HSG 10. The applicant has been advised that if he wished the application to be considered then the plans should be amended to take account of the concerns detailed above and that the noise and habitat studies must be submitted. To date the applicant has chosen not to do so. It is therefore recommended that planning permission be refused. Application No: S/06/02122/FUL

Date Registered: 15th January 2007

Applicant: Scotia Design Build 175 Cocklaw Street Kelty Fife KY4 ODH

Development: Erection of 2 no. Industrial Units (one for 24 hour use) with Associated Offices, Access Roads, Car Parking and Fencing

Location: Land North Of Woodside Eurocentral Holytown

Ward: 27 Holytown Councillor James Coyle JP

Grid Reference: 275335661985

File Reference: SIPLIBl51641CMI

Site History: Formerly within Enterprise Zone

522191 (Outline) Mixed Development of Distribution, Industrial, Business and Ancillary Uses including the Scottish Euro Freight Terminal, granted 28'h October 1992.

Development Plan: The site is zoned as I1 - Major Industrial User Reservation in the Adopted Northern Area Local Plan 1986. The Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 1 - Industrial and Business Development Opportunities.

Contrary to Development Plan: No

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

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 25th January 2007 PLANNING APPLICATION No. S / 06 I02122 / FUL

Tnis map b iLPrmUDgl from omnance %my mMa".l*mmamilrbn bOmNmaSYMy Produced by ERECTION OF TWO INDUSTRIAL UNITS ( ONE FOR rn Lensi,~,f"eConM,la~,HerMajesty. Nom Lanarkshire Counoll SaYonai Omm OCmm mwbhl UnivVlmvd wwdon In,"- Cmr" wmm Md ms" Planninaand EnvironmantDspt, 24 HOUR USE ) WlTH ASSOCIATED OFFICES, ~~,~~-"~~"~,~,~,~-,"~ Flemlng Hou80. ACCESS ROADS, CAR PARKING AND FENCING. NOnn LmM"ireCo"ncil1m2- 2004 2 Tryst Road Cumbernauld. 067 1JW LAND AT WOODSIDE, EUROCENTRAL, HOLYTOWN, A telOl236616210 MOTHERWELL. fax 01236 616232 Site Area = 1.25ha. 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 permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes shall be submitted to, and approved in writing by the Planning Authority.

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

3. That before each of the industrial units hereby permitted are brought into use, all of the associated parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

4. 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 infrastructure to serve the development. For the avoidance of doubt, this shall also include confirmation of the long term maintenance arrangements for the proposed treatmentlattenuation system identifying the extent of infrastructure to be vested with Scottish Water.

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

5. That before the development hereby permitted starts, a further report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the suitability of the site for the proposed development and protect watercourses from pollution.

6. That following the completion of any or all of the works required under the terms of condition 5 above, a certificate from a suitably qualified person 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 5 and in the interests of Health and Safety.

7. That before either of the industrial units hereby approved are occupied, the following Roads requirements shall be met in full: (a) Vehicle access to each unit will be via a 10.5 metre radius junction arrangement leading to a 7.3 metre wide carriageway with a 2 metre wide footway on at least one side of which details shall be submitted to, and approved in writing by the Planning Authority. (b) A minimum junction spacing of 40 metres to be provided between the proposed junctions. (c) Visibility splays of 9.0 metres x 90 metres shall be achieved and maintained from the accesses onto the proposed road in both directions, and nothing shall be placed or allowed to grow over 1.05 metres in height above the carriageway level. (d) A 2 metre wide footway shall be provided from each unit to the proposed footway network. (e) Any gates associated with the access shall be set back a minimum of 15 metres from the adoptable carriageway and shall not open outwards onto the public road. (f) A 26 metre diameter turning circle to be indicated within both services yards. For the avoidance of doubt, the operation of the turning circle should not be compromised by parked vehicles or vehicles which are loading and unloading. (9) Access roads to be fully paved over at least the first 10 metres and for the avoidance of doubt should the access slope towards the public road a drainage facility shall be provided of which details shall be submitted to, and approved in writing by the Planning Authority. (h) Parking bays should be 2.5 metres wide by 5 metres long with a 6 metre aisle. The aisle should continue 1 metre beyond the last parking bay.

Reason: In the interests of road safety and to allow the satisfactory accesslegress to and from the site.

8. That before the development hereby approved is commenced, details of all walls and fences to be retained or replaced within the development 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.

9. That before either of the units hereby permitted, situated on a site upon which a fence or wall is to be either erectedlretainedlreplaced, are occupied, the fence or wall, as approved under the terms of condition 8 above, shall be retainedlreplaced.

Reason: To ensure the implementation of the scheme in the interests of amenity.

10. That before the industrial development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted, such planting shall consist of native, non- invasive species characteristic of the local area; (c) an indication of all existing trees, plus details of those to be retained, and measures for their protection in the course of development. (d) A timetable for the implementation of these works

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

11. That before the industrial development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed parking areas shown on the approved plans; (b) the proposed external lighting to be provided for the site; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition 10 above; (d) the proposed fences to be erected as agreed under the terms of condition 8 above; and (e) a timetable for the implementation of these works

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

12. That the landscaping scheme approved under the terms of condition (10) above shall be completed in accordance with the approved timetable and before the occupation of the last industrial unit within the develoDment herebv permitted. all plantina. seedina. turfina and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species. . .* Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

13. That the management and maintenance scheme approved under the terms of condition (11) above shall be implemented in accordance with the approved timetable and before the occupation of the last industrial unit within the development hereby permitted, the management and maintenance scheme shall be fully in operation.

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

14. That no trees directly adjacent to the south and southwest boundary of the application site shall be lopped, topped, felled or otherwise affected, without the approval in writing of the Planning Authority.

Reason: To ensure that the existing trees are adequately protected in the interests of the visual amenity of the area.

15. That only Building One hereby permitted shall operate over 24 hours.

Reason: To define the permission.

16. That notwithstanding condition 4 above in respect of providing written confirmation from Scottish Water on acceptance of drainage arrangements, before the development hereby permitted starts, the applicant shall provide details of the location of safe flood storage areas for 1 in 200 year flood events, together with overland flow paths and depth of flow for surface water run off from storm events. In addition, a full and detailed drainage design including longitudinal sections, cross sections and outfall details together with calculations and explanation of how the treatment process works shall also be provided. For the avoidance of doubt, should the proposals dictate that changes are necessary on the site layout, an amended application will require to be submitted.

Reason: To enable the Planning Authority to consider these aspects in detail to ensure the provision of satisfactory site drainage and access arrangements in cases of emergency.

Background Papers:

Application form and plans received 27'h December 2006

Memo from Head of Protective Services received gthFebruary 2007 Memo from Transportation Team Leader received 26'h January 2007 Memo from Geotechnical Team Leader received 13th February 2007 Letter from Scottish Environment Protection Agency received 5'h March 2007 Letter from Scottish Water received 30thJanuary 2007 Letter from British Gas received 24th January 2007 Letter from British Telecom received 25th January 2007

Adopted Northern Area Local Plan 1986 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01698 302136.

Date: 14 March 2007 APPLICATION NO. S1061021221FUL

REPORT

1. Description of Site and Proposal

1.I This application is for the construction of two industrial units (Building One for 24 hour use) with ancillary office accommodation within the Eurocentral development. The operators will be Consarc and Calcarb who are relocating from their existing premises within Bellshill Town Centre which are being taken over for re-development in association with the forthcoming Tesco supermarket development. The site is located south west of the Lagta buildings and is reasonably level and benefits from existing landscaping. There are extensive boundary trees along the southern edge of the site.

1.2 The site will be accessed from the existing roundabout at Woodside and will have its own service area and car park with 57 spaces. Building one will have a total ground area of approximately 6248 square metres with a first mezzanine floor area of approximately 380 square metres (ancillary office space) and a second mezzanine floor area of approximately 906 square metres. Building two will have a ground area of approximately 1470 square metres and an upper mezzanine floor of 350 square metres, plus internal ancillary office space. Both buildings are rectangular in shape and will have flat roof profiles reaching a maximum height of 10 metres. The materials proposed are grey metal panels on the walls and roof. A Flood Risk Assessment, a Drainage Strategy and a Site Investigation were also submitted in support of the application.

2. Development Plan

2.1 The development raises no strategic issues and therefore can be assessed in terms of the local plan policies.

2.2 The site is zoned as I1 - Major Industrial User Reservation in the Adopted Northern Area Local Plan 1986.

2.3 The Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 1 (Industrial and Business Development Opportunities).

3. Consultations and Representations

3.1 British Gas, BT and Scottish Power had no objections to the proposals.

3.2 Scottish Water have advised that there are no known issues at present within their Water Network that serves this proposed development. A totally separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water supports the principal of a SUDS scheme.

3.3 SEPA have advised that as Scottish Water have in principle agreed to permit both the foul and surface water runoff arising at the proposed development to be connected into the existing combined public sewage system and provided that the additional flow arising from the site does not cause or contribute to the premature sewer overflows then they would have no objection to the proposal provided Scottish Water confirm this in writing.

3.4 The Geotechnical Team Leader has advised that confirmation is required from Scottish Water that the public sewerage system is capable of accepting surface and foul water discharge from the development. They also require confirmation of the long-term maintenance arrangements for the proposed treatmentlattenuation system and this should identify the infrastructure to be adopted or vested with Scottish Water.

3.5 The Transportation Team Leader has no objections subject to conditions relating to access, visibility and manoeuvring facilities within the site.

3.6 Protective Services have advised that the report on site investigations was largely acceptable, in that potential contaminative issues have been broadly assessed. However some gaps in the assessment have been identified and further information has been requested.

3.7 No representations were received following neighbour notification and press advertisement.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. In assessing this proposal it is necessary to consider that the site is zoned in the adopted Northern Area Local Plan as an industrial area. This policy seeks to concentrate industrial development within the designated areas.

4.2 Similarly, the emerging Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 1 - Industrial and Business Development Opportunities. This policy states that the Council will seek to maintain a 10 year supply of marketable land for industrial and business development in each category of the land supply (High Amenity, Prestige, Local and Low Amenity). The Council will also promote, where possible, the re-use of vacant and derelict urban land. It will support, in principle, the development of those sites as identified on the proposals map. Therefore, the proposal for industrial units at this location concurs with the land use zoning and is considered acceptable in principle. The proposals are therefore considered to comply with Policy IND1. Criteria for assessing the detailed aspects of the proposal are discussed under policy IND 9.

4.3 Policy IND 9 states that in determining applications for industrial and business development as defined by Classes 4, 5 and 6 of the Town and Country Planning (Use Classes)(Scotland) Order 1997, the Council will consider, amongst other things, the following:

a) Whether the proposal is located within an Established Industrial and Business Area, or on a site forming part of the land supply for industry and business: b) The extent to which there are deficiencies in the land supply for industry and business; c) The extent to which vacant and derelict land is to be reused; d) Whether significant economic benefit is offered to the Plan area; e) Suitability to the character of the area within which it is set; f) Access to public transpwt and infrastructure and the effect on travel patterns: g) Detailed design elements such as building height, materials and positioning; h) Provisions made for landscaping, screening, fencing and security: and i) Provisions made for servicing, access, vehicle circulation, manoeuvring and parking.

4.4 In assessing this proposal against the provisions of policy IND 9, the proposals are considered to comply with points a-d by being located within an appropriately zoned site that benefits from outline planning permission for the proposed use and makes beneficial use of a large vacant site thereby securing further economic benefit in the form of employment generation in North Lanarkshire. The proposed buildings are suitable for the character of the surrounding industrial area and complement the existing adjacent structures in terms of design and materials. The site benefits from substantial planting along the southern boundary and makes space provision for additional soft landscaping within the site to provide a pleasant setting for a high amenity development. Conditions are recommended to secure the submission of a landscape scheme and maintenance regime along with proposals for fencinglsecurity. The impact on traffic circulation and manoeuvring will be considered under policy TR 13 below but otherwise, it is considered to accord with policy IND 9.

4.5 Policy TR13 (Assessing the Transport Implications of Development) seeks to assess: 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; the impact of the development on road traffic circulation and road safety; the provisions made for access, parking and vehicle manoeuvring and; the extent to which the development promotes ‘access for all’, particularly for those with impaired mobility. The Transportation Section has offered no objections to the proposal subject to conditions relating to parking, access and manoeuvring within the site. These requirements can be met in practice and may be secured via the imposition of conditions. Therefore it is considered that this proposal accords with policy TR 13.

4.6 Scottish Water have confirmed that they have no objections since there is adequate capacity for foul drainage and surface water run-off at this location. However it has been advised that they support SUDS and the developer should consider this in the surface water drainage design. The developer has provided a drainage design incorporating infiltration trenches and soakaways where possible and there are two stormcells within the site also, which will connect to the existing public sewer. As such, SEPA and NLC Geotechnical are satisfied that the surface water will be adequately accommodated and have no objections to the proposal.

4.7 NLC Protective Services section requested that a further site investigation be carried out. A condition to this effect is recommended if Committee grant this application.

4.9 In conclusion, the proposal is in accordance with the relevant Local Plan policies. It is considered that in terms of siting and design the proposed development is acceptable and should positively contribute to the wider area. Taking into account all material considerations including local policies, I recommend that planning permission be granted, subject to conditions.

,_ , . Application No: S/06/02125/FUL

Date Registered: 18th January 2007

Applicant: Benhar Developments Ltd Registered Office RAS Ltd 1A Melville Terrace Stirling

Agent Mr R Hamilton Dalziel Design Associates 136 Coursington Road Motherwell

Development: Residential Development Consisting of 46 Flatted Dwellings

Location: Land Between Shottskirk RoadlQuarry Road Shotts ML7 4ER

Ward: 18 Dykehead Councillor James Robertson

Grid Reference: 286685660375

File Reference: S/PL/BF/17/47 (2)

Site History: 02/0062O/FUL Erection of a Dwelling, Garage and Access Road approved 2"d October 2002 02/00574/AMD Erection of 10 Dwellinghouses and Formation of Access Road (Amendment to Planning Permission 5/01/01434/FUL) refused 1lth September 2002 01/01434/FUL Erection of 10 houses approved 23rdJanuary 200: 01/00371/FUL Construction of 5 Detached Dwellings approved 6 July 2001

Development Plan: The site is within an area designated as HSG 2.517 (Private Housing Development) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).

Contrary to Development Plan: No

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

Representations: 1 letter 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 before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

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

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

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

4. That before 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:- (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 sire of trees and shrubs to be planted; (c) a timetable for the implementation of the landscaping works.

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

5. 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 external lighting to be provided for the site; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition 4 above; and (d) the proposed fences and walls to be erected as agreed under the terms of condition 3 above.

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

6. That before the occupation of the last flatted property within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar sire and species.

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

7. That before the occupation of the last flatted property of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation. Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.

8. That before any flatted property hereby permitted is occupied all of the associated parking and manoeuvring areas to serve that part of the development 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 satisfactory vehicular and pedestrian access facilities to the dwellings.

9. For the avoidance of doubt, that before the occupation of the first flatted property within the northern part of the site, the access to that part of the site shall be formed via a 5.5 metre wide dropped kerb footway crossings at the Shottskirk Road entrance and not a new junction.

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

10. For the avoidance of doubt, that before the occupation of the first flatted property within the southern part of the development hereby permitted, the access to that part of the site shall be formed via a new mini roundabout at the Quarry Road entrance

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

11. That notwithstanding the requirements of condition (3) above, before the development hereby permitted is commenced details of site entrance features at both entrances shall be submitted to and approved in writing by the Planning Authority.

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

12. That before the last flat within each half of the site is occupied the site entrance feature associated access entrance feature approved under the terms of condition (11) above shall be completed to the satisfaction of the Planning Authority.

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

13. 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 on Drawing No. 9386-200 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.

14. That the SUDS compliant surface water drainage scheme approved in terms of Condition 13 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Befwe any of the flatted properties hereby permitted are occupied, a certificate (signed by a responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the approved plans.

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

15. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the 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 as part of the above report.

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

16. That any remediation works identified by the site investigation report required in terms of Condition 15 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the dwellinghouses hereby approved. A certificate (signed by a responsible 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 of future residents.

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

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

18. That before the occupation of the last flatted property within each half of the site is occupied, the bin stores approved under the terms of condition 17 shall be completed to the satisfaction of the Planning Authority.

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

NOTE TO COMMITTEE

If the Committee are minded to grant consent the decision notice will not be issued until a Section 69 Agreement is signed between the Council and developer with regard to the financial contribution of f250 per unit for improvement to off-site play facilities in lieu of on site provision. Background Papers:

Application form and plans received 22nd December 2006 and letter and plans received on !jthMarch 2007 and 16* March 2007. Drainage Assessment and Site Investigation Report received !jthMarch 2007. Protected Species received 14'h March 2007

Letter from British Gas received 26th January 2007 Letter from Scottish Environment Protection Agency received 7'h March 2007 Letter from Scottish Water receiyetd 31" January 2007 Letter from Scottish Power received 25'h January 2006 Letter from British Telecom received 2ndFebruary 2007 Letter from Scottish Natural Heritage received 15th March 2007

Memo from Transportation Team Leader received gthFebruary 2007 and 8thMarch 2007 Memo from NLC Protective Services received 2gthJanuary 2006 Memos from Geotechnical Team Leader 20thFebruary 2007 and . , .. , and email received 13'h March 2007 Memo from NLC Education Department received 30thJanuary 2006 Memo from NLC Community Services (Conservation & Greening Section) received 16thMarch 2007

Letter from J Quigley Secretary United Clyde Angling Protective Association Ltd, 39 Hilfoot Avenue, Branchalwood, Wishaw

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

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 302137.

Date: 15 March 2007 APPLICATION N0. SO6102 125/FU L

REPORT

1. Description of Site and Proposal

1.I Detailed planning permission is sought for the erection of 46 flatted dwellings at land between Shottskirk Road and Quarry Road, Shotts.

1.2 The site, which extends to approximately 9,600 square metres, is derelict, and offers little amenity value in its central location in Shotts. The site comprises mostly waste ground and has a significant change in level from the higher Shottskirk Rd (North) end to the lower Quarry Rd (South) end. The site is bounded by existing housing to the north, east and south and by community facilities and open space to the west and southwest.

1.3 The proposed development comprises two sections to the north and south separated by a retaining wall, given the significant level change throughout the site. The north section serviced by an access from Shottskirk Road would comprise 2 blocks, two storeys in height and housing 8 two bed flats each (16 in total). The blocks would measure 8 metres in height. The southern section, with a floor level approximately 4 metres below that of the floor level of the northern section is serviced by an access from a proposed mini roundabout at Quarry Road. The proposals comprise three separate blocks the largest being L-shaped, three storeys in height and housing 18 two bed flats. The block would measure 10.9 metres in height. The other two blocks would be three storeys, measuring 11.2 metres in height and house 6 three bed flats each (12 in total). The development is of a traditional design, with a mixture of finishing materials including render, stone and concrete slate grey interlocking roof tiles. The blocks would include details such as french doors, small projections on the front elevation and similar finishing materials to those of the other blocks.

2. Development Plan

2.1 The site lies within an area covered by Policy HSG 2.517 (Private Housing Development) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). Policies HSG 10 (Assessing Applications for Housing Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant to this application.

3. Consultations and Representations

3.1 My Transportation Team Leader has recommended refusal of the application as the Shottskirk Road access fails to achieve the required 2.5m by 120m visibility splay in either direction due to parked cars to the left and the junction to Baton Road being less than 120m to the right. Transportation also comment that the agents claim that vehicles are parked illegally is incorrect unless the police consider that they are causing an obstruction. Transportation have also raised concerns regarding the proposed access being opposite the council yard, which has its own parking problems and gives rise to on-street parking in the immediate vicinity. There would be conflict between vehicular manoeuvres from both this site and the council yard. Following revised plans Transportation indicate that the access at Quarry Road now appears to have the appropriate levels of parking and a reasonable access gradient and consequently Transportation would not object to this part of the proposal.

3.2 My Geotechnical Team Leader has indicated that he is unaware of any incidences of flooding in the vicinity. However the absence of flood reports should not be interpreted as an absence of a flood risk. Geotechnical also note from the information submitted that part of the site will lie close to the crest of a substantial slope. From the indicative layout of the development this slope may also need to be steepened to accommodate the proposed parking. Prior to finalising the

,.. . design of the development, Geotechnical recommend a Chartered Geotechnical Engineer should assess the stability of the existing slope and any proposed modifications to the slope. Following the submission of further drainage details, Geotechnical have indicated that both the flooding and drainage issues for the site can be addressed and appropriate SUDS conditions are recommended to address these issues.

3.2 My Protective Services Section have no objections to the proposed development subject to the requirement for a site investigation report.

3.3 NLC Education Department have no objections to the proposed development as sufficient provision remains within the catchment area.

3.4 My Community Services Section and SNH have no objections to the proposed development following the submission of a protected species survey which indicated that no protected species were present.

3.5 Scottish Water have offered no objections to this application. A SUDS drainage system will be required.

3.6 SEPA have recommended refusal of the application due to concern that there is minimal remaining capacity at the receiving sewage treatment works. SEPA also has concerns regarding the sewerage infrastructure, the resulting impacts on the water environment from increased pollutant loading and the legal requirement to ensure that the status of the watercourse is not allowed to deteriorate.

3.7 Transco and Scottish Power have offered no objections to this application, although Scottish Power and Transco may have apparatus within the site, which may require works at the applicants expense.

3.8 One letter of objection has been received from Secretary United Clyde Angling Protective Association, raising the following issues;

1. Concern regarding run off from the development site finding its way into the watercourse as this would be extremely detrimental to the Brown Trout and Salmon stocks of the South Calder Water and ultimately the . 2. A request for involvement in any issues which impact on the river system.

4. Planninn Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues. This application must be assessed agajnst the relevant development plan policies of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) together with other material considerations.

4.2 Policy HSG 2.517 (Private Housing Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) applies and outlines that the Council will actively support and, where appropriate, promote the release of sites identified in schedule HSG 2 for private sector housing development. The site is identified for 20 units and notwithstanding that the application is for 46 units proposed development accords with the provisions of policy HSG 2.517 as it will regenerate an area of wasteland already designated for residential use. Furthermore the proposals will improve the overall visual amenity of the area by improving the appearance of a site that may otherwise lie vacant and deteriorate within this prominent location in Shotts. The proposal therefore accords with the Councils strategy to support and promote designated housing sites.

4.3 Policy HSG 10 (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, environmental condition of site and flood risk, density, layout and mix of housing, detailed design elements, reducing crime, provisions made for landscaping and open space and play areas, and provision made for roads, access, parking space. In assessing this particular proposal in terms of Policy HSG 10, it is considered that the proposed development would provide a significant improvement to the environment and would not adversely affect the character and amenity of the area. The applicant has submitted details with respect to a flood risk assessment and drainage strategy coupled with a protected species report which have met the requirements of both our Geotechnical Team Leader and the Council’s Ecologist. It is therefore considered that the proposals will have a minimal impact on the environmental conditions and flood risk to the site. The design of the proposed flatted blocks 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 and making provisions for the change in level of the site. The proposed development would result in no loss of privacy to surrounding properties and would aid in the reduction of crime given that the flats would increase residents and additional movements in the area, particularly in the evenings. The proposed development provides open space that satisfactorily meets current open space standards as detailed in the Council’s “Developers Guide to Open Space and Play Provision”. The applicant is also in agreement to enter into a Section 69 Agreement to providing a financial contribution for improvement of off site play provision. The transportation issues are considered below.

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 given the visibility constraints and conflict of vehicular manoeuvres at the proposed access onto Shottskirk Road. However it is considered that notwithstanding the concerns raised by my Transportation Team Leader the proposed access utilises an existing access previously approved for 10 dwellings, only an additional 6 are now proposed. Visibility from the access can be achieved as far as the junction with Baton Road and it is therefore considered acceptable in this instance. It should be noted that there is no scope to improve the visibility to the right of the Shottskirk Road junction. It is also considered that the on street parking as a result of the Council Depot opposite the Shottskirk Road entrance cannot reasonably be taken into consideration and does not warrant refusal of the application in this instance. The site has been vacant for many years, however has had previous planning approvals with an access at Shottskirk Road which were never implemented partly due to the ground levels, ground conditions and the costs involved in developing the site. Furthermore Transportation have indicated that they have no objection to the proposed access and parking arrangement at the Quarry Road end of the site. It is considered that there will not be a detrimental increase in traffic levels caused by the proposed flatted development, such as to have any significant impact on the environment or the surrounding residential and commercial 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 and although the proposal is not considered to be completely in accordance with Policy TR13, I consider the access arrangements to be acceptable at this site.

4.5 My Geotechnical Team Leader has no objections to the proposed development subject to the imposition of suitable SUDS conditions.

4.6 My Protected Services Section, Scottish Power and Transco have offered no objections to the proposed development.

4.7 Scottish Water has offered no objection to the proposed development subject to availability of adequate capacity. 4.8 In terms of the objection raised by the Secretary of the United Clyde Angling Protective Association, I would respond as follows;

1. With regard to possible run-off from the development site into the adjacent watercourse it should be noted that construction works associated with the development of the site would be required to be carried out in compliance with SEPA’s guidelines on avoidance of pollution. Conditions are recommended so that the surface water drainage scheme is based on a SUDS based scheme to be approved and implemented on the site. 2. Pollution issues are the responsibility of SEPA.

4.9 It is considered that the development proposal overall accords with the local plan policy and would result in the physical improvement and re-use of a currently vacant and derelict site within Shotts and thereby assist in its regeneration. The Transportation comments are noted, however given that previous consent has been issued with respect to this site which included access from Shottskirk Road and the slight increase in number of units it is considered that the proposed development is acceptable with the access and parking as proposed. Therefore notwithstanding that the proposals do not completely comply with Transportation’s guidance, I consider the access arrangements proposed are acceptable for this site. I therefore recommend that this application be approved subject to conditions. Application No: S107100021/FUL

Date Registered: 25th January 2007

Applicant: Thomas McWhinnie Millbank Caravans Netherton Road Wishaw ML2 OEQ

Development: Installation of Portacabin for Use as Class 1 (In Retrospect)

Location: Millbank Caravans Netherton Road Wishaw ML2 OEQ Ward: 15 Garrion Councillor John Pentland

Grid Reference: 278807654347

File Reference: SIPLIBFI10113

Site History: 96/10241/FUL Change of Use of Yard to Storage Area and Sales Area for Vehicle Components Granted 19/07/1996

97/10701/FUL Part Change of Use from Caravan Sales to Allow the Erection of 4 Workshop Units Granted 26/02/1998

Development Plan: The site is zoned as IND 8 Established Industrial and Business Areas within the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005). Contrary to Development Plan: Yes

Consultations: None

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 28thFebruary 2007

Recommendation: Refuse for the Following Reasons:-

That the Class 1 use is contrary to Policies RTLI and RTL4 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) which seeks to direct retail developments to town centres, village, neighbourhood and secondary commercial areas in order to protect the vitality and viability of these areas.

That the Class 1 use is contrary to Policies IND8 and INDIO which seek to protect sites designated for business and industry for such uses and insufficient justification exists to depart from these policies.

That the use of the portacabin as Class 1 at this industrial location could set a precedent which may encourage further such uses and would undermine the effectiveness of Policies RTLI, RTL4, IND8 and INDIO of the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005). Produced by Planning Application No. FUL North Lanarkshire Council S I07 / 00021 I Planning and Environment Oept Fleming House 2 Tryst Road Installation of Portacabin (In Retrospect) and Cumbernauid, G67 1JW telOl236 616210 Change of Use of Land Siting Portacabin to Class 1 tax 01236 616232 N This map is reproduced from Ordnance Survey Millbank Caravans, Netherton Road, Wshaw materiai vhh the perm156ion of Ordnance Survey on behalf of the Controller d Her Majest)fs Stationery Oftice. 0 Crwn copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings North Lanarkshire Council 100023306 2004 Background Papers:

Application form and plans received 51'~January 2007

Memo from Transportation Team Leader received 14'h February 2007

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

Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 302134. APPLlCAT10 N NO. S/07/00021/F UL

REPORT

1. Description of Site and Proposal

1.I This application seeks retrospective planning permission for the installation of a portable building for use as Class 1 hairdressers shop at Millbank Caravans, Netherton Road, Wishaw. The application site is an industrial site that is home to a building for the sale of caravans and accessories with several caravans sited around the building. The site is surrounded by other industrial premises to the east, west and south, with a railway line to the north at the rear of the site.

1.2 The portacabin in question measures 4.88 metres in length by 2.43 metres in width and 2.43 metres in height and has a flat roof. It is located to the rear of the building in question and has been there for several months.

2. Development Plan

2.1 The site is zoned as IND8 Established Industrial and Business Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Representations

3.1 Transportation were consulted on this application and confirmed they have no objections to this application subject to the applicant submitting details of a car parking layout which should include parking for both the caravan sales and hairdressing business. The transportation team leader also confirmed that an additional 3 no. car parking spaces are required for the hairdressing business.

3.2 No letters of representation have been received following the neighbour notification process.

4. Planninn Assessment and Conclusions 4.1 In assessing this application reference is given to the Development Plan and any other material considerations. In terms of the development plan context, the development is not of strategic significance and should be assessed against local plan policies.

4.2 The site lies within an area covered by Policy IND8 (Established Industrial and Business Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). This seeks to retain the existing character of Established Industrial and Business Areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. The use of the portacabin at the site for a Class 1 Shop is therefore considered to be contrary to Policy IND8.

4.3 In assessing the suitability of other uses on such sites, Policy INDIO (Assessing Other Developments on Industrial and Business Land) applies. This states that in determining applications for non-industrial development within Established Industrial and Business Areas the Council will consider the following: -

1) The extent to which there is a surplus in the land supply for industry and business; 2) Whether development would undermine the attractiveness of a location for industry and business; 3) Whether there is a specific locational requirement for the proposal; 4) Whether the proposal would result in significant economic benefit to the Plan area; 5) The existence of suitable alternative sites; 6) The potential impact on traffic patterns and accessibility by public transport; and 7) Whether the redevelopment would lead to the re-use of vacant or under-utilised industrial land.

4.4 There is no evidence of a surplus in the land supply for business and industry at this location. The portable building is located to the rear of the main building within the site and is out of sight from the adjacent main road. It does not directly adversely affect the attractiveness of the location for business and industry. There is no specific requirement for such a business use at this location given that it is close to Wishaw Town Centre and the Netherton neighbourhood shopping area. There are several hairdressing salons located within 900 metres of the application site. The development would not result in any significant economic benefit to the Plan area. There are numerous vacant premises in the Wishaw area, which would be suitable for such a business use. The potential impact on traffic will be considered later against policy TR13. There is no evidence that the development has led to the reuse of vacant or under utilised industrial land as it is located within an existing business premises. It must therefore be concluded that the development is contrary to policy IND 10.

4.5 Policy RTLl (Retail Development) (as revised) is also a material consideration in the assessment of this application. This indicates that the Council will seek to enhance retail provision by directing lesser retail developments (under 2,000 square metres gross) to town centres, village, neighbourhood and secondary commercial areas and to areas of major industrial/business and housing development. The development is contrary to this policy as it is not within such a designated location for retail development.

4.6 All proposals for retail development must also be considered against the detailed criteria set out in Policy RTL4 (Assessing Applications for Retail Development). This policy indicates that in determining applications for Class 1 Retail Development as defined by the Town and Country Planning (Use Classes) (Scotland) Order 1997, the Council will consider, amongst other things,

the following: -,

1) Whether the proposal could be supported by the appropriate catchment population, 2) The effect on the vitality and viability of existing shopping centres, 3) The availability of suitable alternative sites in or around town centres, 4) The extent to which proposals would be accessible to public transport and their effects on travel patterns by motor car, 5) The suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment, 6) Detailed design elements such as building height, materials, positioning, and access for pedestrians and disabled people, and 7) The provisions made for vehicular access, parking, and the proposal’s impact on pedestrian safety and traffic circulation.

4.7 There is no immediate catchment population nearby to warrant such a use in this specific location and as indicated in paragraph 4.4 above there are existing hairdressers businesses and suitable alternative sites within a reasonable distance of this site. Policy RTLl directs such uses to designated retail locations in order to protect the vitality and viability of town centres. It is clearly contrary to that policy and the approval of such a development would undermine the effectiveness of that policy and weaken the vitality and viability of existing shopping centres. The site is accessible by public transport and the traffic issues will be considered later in relation to policy TR13. Due to its location to the rear of another building the development does not have an adverse impact on the character and amenity of the surrounding area and design issues are not of relevance. The development is contrary to criteria 1 to 3 of this policy. It should be noted that although the current use of the site does include caravan sales, this is ancillary to the main use of the site. 4.8 Policy TR13 requires applications to be assessed against the level of traffic generated from the proposal; the scope to integrate the proposal into existing public transport networks; the impact of the development on traffic and road safety and provisions made for access, vehicle manoeuvring and parking. My Transportation section raised no objections to this application and commented that the applicant should submit details of a car parking layout within the site which can accommodate both the caravan sales and hairdressing business. They further confirmed that an additional 3 No. parking spaces would be required for this business. It is considered that the existing parking area is large enough to accommodate this requirement. The site is also accessible by public transport. The application therefore complies with policy TR13.

4.9 In conclusion the siting of a portable building for class 1 use at this location is contrary to Policies IND8, IND10, RTLl and RTL4 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). The development is unacceptable within this industrial setting particularly as alternative locations for such a business do exist within appropriately designated retail locations such as Wishaw Town Centre. Taking all the above aspects into account, I must therefore recommend that planning permission be refused. ..

Application No: S1071001511FUL

Date Registered: 13th February 2007

Applicant: Motherwell United Services Club 50 - 52 Mabel Street Motherwell MLI ITY

Development: Erection of Smoking Shelter

Location: Motherwell United Services Club 50 - 52 Mabel Street Motherwell MLI ITY

Ward: 11 Watsonville Councillor Alan Valentine

Grid Reference: 275387656337

File Reference: SIPLIBFII 123/FM

Site History: S/06/00021/FUL - Extension to Social Club approved 27‘h April 2006

Development Plan: The site is zoned as CS2 (Established Community Facilities) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: No

Consultations: None Required

Representations: No letters of representation received.

Newspaper Advertisement: 22”d February 2007.

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. ProducBd by Planning Application No. S I07 I001 51 I FUL North Lanarkshire Council Planning and Environment Dept Fleming HOU-, 2TrystRcad Erection of Smoking Shelter Cumbernauld, 067

Application form and plans received 25th January 2007

Memos from NLC Head of Protective Services received 27'h February 2007 Memo from NLC Environmental Health Department received 1" March 2007

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Planning Advice Note 56: Planning and Noise, April 1999

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

Date: 14 March 2007

.. -.- APPLICATION NO. S1071001 SllFUL

REPORT

1. Description of Site and Proposal

1.I Detailed planning permission is sought for erection of a smoking shelter to the front of the Motherwell United Services Club, 50 -52 Mabel Street, Motherwell. The application site is bounded by a car park to tie north east, a hall to the south east, and dwellings to the north west, west and south west.

1.2 It is proposed to erect a smoking shelter to the front of the Social Club to the south east of the entrance doorway within the curtilage of the Social Club. The proposed shelter will measure 3.2 metres in length by 2.2 metres and will measure 2.2 metres in height. The shelter is to have a flat roof and will be finished using polycarbonate glazing. There are no proposed alterations to the social club building and access to the shelter will be from the main entrance to the social club

2. Development Plan

2.1 The site is zoned as CS2 (Established Community Facilities) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005).

3. Consultations and Representations

3.1 The Councils Environmental Health Section and Protective Services Section have been consulted and have advised that the smoking shelter will require at least 50% of the walls which constitute the perimeter to be open to air in order to comply with the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006.

3.2 No letters of objection have been received following the press advertisement and neighbour notification procedures.

4. Planning Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues. This application must be assessed against the relevant development plan policies, which are Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Policies CS2 (Established Community Facilities) and RTLI 1 (Bad Neighbour Developments), together with other material considerations.

4.2 Policy CS2 (Established Community Facilities) states that the Council will seek to protect established Community Facilities. The applicant proposes to erect a smoking shelter to provide a sheltered area to the front of the premises for customers to utilise for smoking as opposed to changing the use of the premises. The main use of the site as a social club would not be altered, as such it is considered that the application complies with Policy CS2.

4.3 Policy RTLll recognises that Town Centres and other Commercial Areas are the preferred location for many uses, including social clubs/public houses, which are classed as bad neighbour development. The relevant criteria of this policy which need assessment for the current application are the impact on the character and amenity of adjoining properties and the surrounding environment, design and any impact on servicing and parking. The application site is located within a small commercial area comprising of the social club and it is considered that given the existence of the social club at the site, and the fact that no residential dwellings overlook the area at close proximity, that any additional impact upon amenity from the proposed development would not be significant. Furthermore the smoking shelter area will be effectively screened from most residential properties by the social club itself. It is also relevant to note that, even without the proposed development, customers of the club could utilise the public footpath at the front and side of the building as a place to smoke, and the containment of these activities within a designated area may be preferable. It is further considered that the design of the proposal would not adversely affect the visual amenity of the neighbouring properties as it is similar in size and style to a bus shelter. Furthermore the proposal does not involve a new entrance/exit to the club. There will be no impact from the proposal on the existing servicing and parking area.

4.4 In relation to the comments made by my Protective Services Section and Environmental Health Section, I can advise that a wall area greater than 50% will remain open in order to comply with the Smoking, Health and Social Care (Scotland) Act 2006 and the Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006. ,

4.5 Relevant government advice concerning this proposal is contained in Planning Advice Note PAN 56 Planning and Noise. Paragraph 66 of PAN 56 states that a wide range of statutory powers to control noise exist outside the planning system and the granting of planning permission does not remove the need to comply with these. It recommends that applicants be advised that the grant of planning permission will not necessarily protect them from legal action on noise, and I would recommend that a note be included on any consent granted, to this effect.

4.6 As detailed above the proposed smoking shelter at this long established social club is considered to be in accordance with Local Plan Policy CS2. The design of the proposal is acceptable. Any minimal impact from the development on surrounding neighbours is considered to be insufficient to warrant refusal given the current use of the site as a social club and relatively isolated nature of the site. It is also of note that no third party objections have been received in relation to this application, following neighbour notification and press advertisement. On balance, I consider that the proposed development is acceptable in terms of Policy RTLI 1. It is therefore recommended that planning permission be granted subject to conditions. Application No:

Date Registered: 2nd February 2007

Applicant: A Feely 17 Whiteshaw Avenue Carluke ML8 5DF

Development: Change of Use from Light Industrial (Class 4) to Personal TraininglFitness Studio (Class 2)

Location: Unit 64 Evans Business Centre Bellshill Industrial Estate Bellshill ML4 3NP

Ward: 24 Bellshill North Councillor Harry McGuigan

Grid Reference: 272755661140

File Reference:

.. Site History: S/01/01621/FUL - Construction of Industrial Workspace and Offices - Granted 18'h February 2002 S/04/01168/FUL - Construction of 1010 Square Metre Building Comprising 9 Units for Class 4 Workshop Use - Granted 15'h December 2004

Development Plan: The Bellshill and Mossend Local Plan 1985 includes the site within an area covered by I1 (Areas Where New Industrial Development will be Concentrated.)

On the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) the site is zoned as Policy IND8 (Established Industrial Area).

Contrary to Development Plan: Yes

Consultations: No external consultations required.

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 15th February 2007 Skill Centre

Produced by PLANNING APPLICATION No. SI 07 I 00191 I FUL Nom Lanarkshire Council Planning and Environment Dept. Flemlng House, CHANGE OF USE FROM LIGHT INDUSTRIAL ( CLASS 4 ) 2 Tryst Road TO PERSONAL TRAINING I FITNESS STUDIO ( CLASS 2 ) Cumbernauld, G67 1JW UNIT 64, EVANS BUSINESS CENTRE, te101236616210 tax 01236616232 BELLSHILL INDUSTRIAL ESTATE, BELLSHILL Recommendation: Approve Subject to the Following Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire 3 years from the date of this consent.

Reason: To enable the Planning Authority to retain effective control and in order that the impact of the proposal especially in respect of vehicle movements can be monitored and assessed during the period of consent.

2. That notwithstanding the terms of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the permitted change of use from Class 2 to Class 1 is hereby removed.

Reason: To define the permission and protect the integrity of the site as an industriallbusiness location.

Background Papers:

Application form and plans received 2nd February 2007

Memo from Transportation Team Leader received on 20thFebruary 2007 Memo from Pollution Control received on 23rdFebruary 2007

Bellshill and Mossend Local Plan 1985 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01698 302136. APPLICATION NO. S1071001911FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks consent for the change of use of a light industriallbusiness unit to a personal fitnessltraining studio at Unit 64 Evans Business Centre, Bellshill Industrial Estate, Be1Ish i II.

1.2 Unit 64 is the western end unit in one of nine light engineeringlbusiness units. The main access to the units is taken from Larkin Way, with four car parking spaces located to the front of the unit. In total there are nineteen parking spaces allocated to the nine units. There is a 2 metre wide footpath to the front of the unit and a pedestrian gate leading from Larkin Way to allow safe pedestrian access to the unit. There are additional parking bays directly south of the application site. Southeast of the site is an existing industrial building and the LGV parking bays which serve the building. Otherwise, the site is entirely surrounded by industrial warehouses.

1.3 Supplementary information has been provided with the application detailing that there will be two clients and only two members of staff present at any one time. In addition the applicant has advised that the proposed hours of operation for the studio are Monday to Friday: 6.30am to 9pm and Saturday: 8am to lpm. A supporting statement from Evan’s Easy Space has also been submitted detailing the marketing exercise for the unit along with a plan showing the surrounding gymnasiums within a one mile radius of the application site. They also confirmed that unit 61 has been vacant since December 2006, with units 62 & 63 also about to become vacant at the end of March 2007.

2. Development Plan

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

2.2 The Bellshill and Mossend Local Plan 1985 includes the site within an area covered by I1 (Areas Where New Industrial Development will be Concentrated.)

2.3 On the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) the site is zoned as Policy IND8 (EFtabjished Industrial Area).

3. Consultations and Representations

3.1 My Transportation Section have recommended 5 parking spaces should be provided.

3.2 My Protective Services have requested that a desk top contamination study of the site be prepared by a suitably qualified person and depending on the findings a full site investigation survey may require to be carried out.

3.3 Following advertisement and neighbour notification procedures, no representations were received. 4. Plannina Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies and any other relevant material considerations. The Bellshill and Mossend Local Plan 1985 includes the site within an area covered by I1 (Areas Where New Industrial Development will be Concentrated.) The policies contained within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005), provide a more up-to-date expression of policy considerations.

4.2 The application site lies within IND8 (Established Industrial and Business Area), in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policies INDIO (Assessing Other Developments on Industrial and Business Land), RTL7 (Office Development (Class 2)) and TR13 (Assessing the Transportation Implications of Development) are also relevant.

4.3 The proposal is zoned as IND8 which seeks to retain the existing character of these areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. This is an existing industriaVbusiness unit within an existing industrial estate. It is considered that the proposed change of use will not have a detrimental effect on the existing character of this industrial area given the size of the unit. However, as the proposal does not safeguard the existing industriallbusiness nature of the site, the change of use from industriaVbusiness unit to personal training/fitness studio is not compliant with policy IND8.

4.4 In considering applications for other developments on industrial and business land Policy INDIO applies and states that, the Council will consider, amongst other things: a) the extent to which there is a surplus in the land supply for industry and business; b) whether development would undermine the attractiveness of a location for industry and business; c) whether there is a specific locational requirement for the proposal; d) the potential impact on travel patterns and accessibility by public transport and; e) in the case of Established Industrial and Business Areas, whether their redevelopment would lead to the re-use of vacant or under-utilised industrial land. On assessing the detailed proposals against the relevant policy and guidance, it is considered in relation to the application site that a) no evidence has been submitted to confirm there is a surplus of workshop units within the immediate area, but the unit has been marketed for almost 1.5 years and has only been able to secure short term lets in that timescale. In addition, the owner has advised that a further 3 units within the block will be vacant by the end of March 2007. There are no current competitors for the unit wishing to use it as workshop premises and as such, there does not appear to be a conflict with the studio use, or significant demand for workshop use, that cannot be met by the availability of the other units soon to be vacant. Furthermore, given the relatively small dimensions of the unit and self contained nature of the block of 9 units, any effect on the land supply will be negligible. The recommended condition allowing only a temporary 3 year consent will allow the Planning Authority to monitor the effects of the proposal on the area and whether additional development has been necessitated to compensate for the loss of the unit to alternative use. b) The unit is located nearest to the entrance to Evans' Workspace premises causing the least disruption or interaction with adjoining workshop users from the small number of clients using the studio. Only minor internal alterations are proposed such that the unit will still be perceived as a workshop in common with its neighbouring counterparts and can be easily reverted back to its original interior if the business fails, thereby causing no detriment to the attractiveness of the location for industry and business. c) The applicant has advised that the location was chosen as it lies in close proximity to their current client base which operates out of an existing Health Club, and would facilitate the retention of these clients to the new premises. Whilst the applicant has cited personal reasons for location, it is considered that there is also a specific locational need for the use as dictated by the fact that the proposal provides a specialist ancillary service to the niche market of Bellshill Industrial Estate which employs several hundred people. The unit is ideally located centrally within the estate to facilitate easiest access by potential users and there are no other studios of this kind within the estate such that the proposal will act as one means of amenity for workers in an area which is currently restricted in this regard and will support the Council’s aims of providing means for exercise and healthy living as advocated by Policy L2 (Leisure Development). d) Impact on travel patterns will be discussed below in paragraph 4.6. e) The proposal will bring a vacant unit back into productive use and will enhance the attractiveness of the estate in general owing to the dedicated additional fitness amenity on-site.

4.5 Policy RTL7 (Office Development) seeks to encourage Class 2 office development to locate within or adjacent to established town centres. Proposals for office development outwith these areas will be acceptable where proposals serve a particular need and are compatible with adjoining land uses, As noted above in paragraph 4.4, the proposal will provide one means of amenity to the workforce of Bellshill Industrial Estate where there are very little at present and will cause minimal impact on adjoining units thereby rendering the proposal compatible with adjoining land uses. Therefore it is considered that the proposal is compliant with policy RTL7.

4.6 In assessing the transportation implications of a development, Policy TR13 is a material consideration and states that the Council will take account of criteria including; the 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; the impact of the development on road traffic circulation/road safety: the provision made for access, parking and vehicle manoeuvring; and the extent to which the development promotes ‘access for all’. In relation to the integration of the development site with public transportation facilities the application site is located in relative close proximity to Walk which has bus stops, existing clients are likely to travel by car, and the unit will mainly be used by employees of the industrial estate whose travel patterns &odd remain unaffected. In relation to access for all, it is considered that there are adequate facilities enabling access to the building. My Transportation Section has advised that 5 parking spaces should be provided however given that there are 19 dedicated parking spaces, including 2 disabled parking bays for the existing 9 industriaVbusiness units with a car park opposite the site for all of the units within the Evans Easy Space business centre, this is considered acceptable. Due to the nature of the business and the staggered times in which clients will be visiting the studio it is considered that there is adequate parking provision to serve this proposed change of use.

4.7 With regard to the comments received from Protective Services, given that the proposal will only involve minor internal alterations it is considered that the requirement for a desk top study would be unreasonable.

4.8 Collectively, by virtue of its location, size, minimal physical alterations and ancillary nature of operations to the existing users of the estate, the merits of the proposal have proven to be acceptable and are not considered to set a dangerous precedent which may make it difficult to resist the loss of future premises to alternative uses, as any subsequent proposals will be assessed on their own merits relative to the above criteria. I therefore recommend that planning consent be granted. Application No: S1071003331FUL

Date Registered: 1st March 2007

Applicant : Mr Slavin & Miss Smith 29 Galloway Avenue Wishaw ML2 8NE

Agent W H Dickie 77 Hamilton Road Motherwell ML13DG

Development: Erection of Two-storey Detached Dwellinghouse

Location: Land To The Rear Of 39 Omoa Road Cleland MLI 5RQ

Ward: 19 Cleland Councillor James Martin JP

Grid Reference: 279688658164

File Reference: SIPLIB14111

Site History: None Relevant

Development Plan: The site is zoned as HSG8 Established Housing Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and *- 2005)

Contrary to Development Plan: No

Consultations: No external consultations required

Representations: No letters of representation received.

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reasons:.

1. That the proposed development is contrary to Policies HSG8 and HSGl1 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in that the restricted size of the site would result in a development that would be out of character with the surrounding area, have substandard garden ground and would adversely affect the amenity and privacy of neighbouring properties. Prcduced by Planning Application No. S I07I00333 / FUL North Lanarkshire Counul Planning and Environment Dept Fleming HOUS, ZTry6tRoad Erection of Two-storey Detached Dwellinghouse Cumbernsuid, 067 1JW tei 01236 616210 tax 01236616232 Land To The Rear Of 39 Omoa Road, Cleland This map K reprcduc8d from Ordnance SuNey N material wth the permirsmn of Ordnance Survey M bdhal1oftheContrdlerofHerMa~s StationeryOffice. 0 Crown Copyright. UnaYVloriwd reprodudon infringesCmwn mpynght and may lead to pmwcutimn or civil pmceedings. North Lanarkshire Counul100023398 2004 A Background Papers:

Application form and plans received 1st March 2007

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

Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 302134.

Dated: 15 March 2007 APPLICATION NO. S/07/00333/FUL

REPORT

1. Description of Site and Proposal

1.1 This application is for full planning permission for the erection of a two-storey, detached dwellinghouse on land to the rear of 39 Omoa Road, Cleland. The existing garden ground of 37 and 39 Omoa Road has recently been subdivided to accommodate the creation of an additional house plot. The plot measures 17 metres in width along its frontage with Gibb Street and 15.8 metres in depth. The layout plan shows a proposed dwelling 9.44 metres wide by 5.39 metres deep, a front garden depth of 5 metres and a rear garden depth of 5 metres.

1.2 The application site is bounded to the north east by the existing houses at 37 and 39 Omoa Road; to the east by the rear garden at 35 Omoa Road; to the south by the rear gardens of 1 and 3 Gibb Street and to the west by residential dwellings along Gibb Street.

2. Development Plan

2.1 The site is zoned as Policy HSG8 (Established Housing Area) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). This policy seeks to protect the established character of existing and new housing areas.

3. Consultations and Rewesentations

3.1 My Transportation Section were consulted on this application, however no response has been received.

3.2 No letters of representation have been received following the neighbour notification process.

4. Planninn Assessment and Conclusions

4.1 The application raises no strategic issues and must be assessed against the relevant development plan policies which are Southern Area Local Plan Policies HSG8 (Established Housing Areas), HSGI 1 (Infill Housing Development) and TR13 (Assessing the Transportation implication of Development), together with the Council’s minimum space standards around dwellings.

4.2 The application site lies within an Established Housing Area, in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policy HSG8 applies and states that the Council will seek to protect the established character of existing and new housing areas. In relation to this application, residential development in principle on the site could be acceptable, subject to the detailed assessment of the proposals.

4.3 in considering applications for infill residential developments on suitable gap sites, Policy HSGl1 applies. This explains that consideration is to be given to the:

(i) Overall impact of the proposal on the character and amenity of the surrounding area, (ii) Dimensions of the site relative to the proposed development and associated garden ground, (iii) Effect of infill on the garden space, privacy, and sunlight received by surrounding properties, (iv) Consideration given to scale, materials, roof heighvpitch and window patterns, and (v) Provision of vehicular access and parking arrangements. 4.4 In assessing the impact of the proposal on the character and amenity of the surrounding area it is worth noting that the majority of the housing in the area is two storeys in height with the building styles comprising mostly of four-in-a-block flatted dwellings with several semi-detached and detached two-storey dwellings. Most of the properties are set within large gardens. It is considered that a detached two-storey dwelling in principle is acceptable. However due to the restricted nature and location of the site it is considered that the proposed development would have an adverse impact on the character of the surrounding area and on the privacy and amenity experienced by the adjacent dwellings. The proposed garden ground depth and plot size of the proposed dwelling and the resultant garden ground depth of the existing dwellings are small and out of character with the adjoining dwellings Gibb Street and Omoa Road. A front garden depth of 5 metres and a rear garden depth of 5 metres falls significantly short of the Council's guidelines on open space. This specifies that a minimum front garden depth of 6 metres and a minimum rear garden depth of 10 metres should be provided to provide a suitable area of useable garden ground for each dwelling. It should be noted that these are minimum standards. The restricted plot size would result in a development, which would be substandard in terms of surrounding useable garden ground. In addition by partitioning off the rear gardens of Nos. 37 and 39 Omoa Road to create this plot, the remaining garden ground of these houses falls short of the minimum standards in terms of length, 3 metres minimum, 9 metres maximum and size 43.6 square metres and 58 square metres respectively. The development would result in overlooking of adjacent gardens at close proximity to the detriment of the privacy and amenity of the residents of those established dwellings. In relation to the sunlight received by adjoining properties, due to the orientation of the site, it is considered that there will be no significant loss of sunlight or daylight experienced by the adjoining dwellings. It is considered that the application represents the over development of a restricted site and that the proposal does not comply with Policy HSGI 1. The provision for vehicular access and parking arrangements are considered in the following paragraph.

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 various criteria including the impact of the development on road traffic circulation/road safety and the provision made for access, parking and vehicle manoeuvring. The proposal includes a 4 metre wide access, a turning facility to the front of the dwelling and sufficient driveway space to accommodate the required minimum of two off-street parking spaces. The proposed parking layout is not ideal but by moving the house 0.6 metres to the south, two parallel spaces could be provided to achieve a more acceptable layout. There are several established off-street private accesses along Gibb Street. Taking the above into account, it is considered that the application complies with Policy TR13.

4.6 In conclusion, although the application complies with Policy TR13, it is considered that the proposal is contrary to Policies HSG8 and HSGll of the Southern Area Local Plan. Finalised Draft (Modified 2001, 2004 and 2005) in that the restricted size of the site would result in a development that would be out of character with the surrounding area, have substandard garden ground sizes and would adversely affect the amenity and privacy of neighbouring properties. It is therefore recommended that planning permission be refused.