North Lanarkshire Council
Planning Applications for consideration of Planning and Transportation Committee
Committee Date : 13thDecember 2007
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE I3'h December 2007
Page Application No. Applicant Development/Locus Recommendation No. 4 N/07/01690/FUL Alliance & Leicester Installation of an ATM Grant Somerfield Store 39 Main Street Kilsyth
8 N1071016921FUL Fundamental E Construction of 95 Flats Grant (P) Investments plc. 17-21 Newtown Street Kilsyth
16 C/07/00342/FUL LlDL GMBH UK Erection of Class 1 Retail Grant Unit with Associated Access Parking and Landscaping at 293 Dundyvan Road Dundyvan Coatbridge
26 C/07/00722/FUL Wm Morrison Non-Compliance with Refuse Supermarket Ltd Condition(4) of Planning Permission 97/525 to Extend Use of Service Area for 24 Hours at Wm Morrisons Gartlea Road, Airdrie
31 C/7/01073/OUT Mohammed Yasin Ground Floor Shop with Grant Associated Storage on Upper Floor at 4 Coathill Street, Coatbridge
39 C/07/0121 I/FUL National Australia Installation of Condenser Grant Group Units to Rear (in Retrospect) at 37 Main Street Coatbridge
43 C/07/01624/AMD Mr & Mrs Stephen Non Compliance with Grant (P) Young Condition 3 of Application No. C/05/00968/FUL (Restricting use of Garage as Separate Residential Unit) to Establish Self- Contained Granny Flat at 21 Carrick Drive, Coatbridge
48 C/07/01722/OUT James And Erection of Two Grant (P) Rosemary Fraser Dwellinghouses (In Outline) at 2 Croftfoot Cottages Glen boig
56 C/O7/01756/FUL Mr Mario Rea Single Storey Rear Grant Extension to Dwellinghouse at 7 Forrest Street, Airdrie 62 S/06/01997/FUL Persimmon Erection of 27 Flatted Grant Homes/Trader Dwellings Publishing Ltd 14 Dalzell Drive, Motherwell
71 S/07/01431/REM North Lanarkshire Erection of Regional Sports Grant Council Facility for a Multi Functional Use, Which Includes a Full Size Indoor Football Pitch Running Track, Sports Hall All Weather Outdoor Sports Pitches and Ancillary Uses Ravenscraig Regional Sports Facility, New Craig Road, Motherwell
83 S/07/01551/FUL North Lanarkshire Use of Land for Multisports Grant Council Court and Recreational Facilities Request for St Gerards Primary School Hearing Kelvin Road, Bellshill
91 S/07/01609/FUL Fred Davis Erection of Dwellinghouse Refuse (P) Land Adjacent To Heathfield Wishaw Road, Wishaw
97 S/07/01625/OUT Robert McGregor Use of Site for Sales Refuse (P) Servicing and Repair of Vehicles and Erection of Associated Buildings Land Adjoining Braefoot Cottage, Carlisle Road Cleland
104 S/07/01634/FUL Mr Steven Conner Erection of Detached Grant Dwellinghouse Land Adjacent to 46 Bowhousebog Road Hartwood
112 S/07/01635/FUL Joseph Quinn Conversion of Domestic Refuse Garage to Office / Store 148 Netherton Road Wishaw
117 S/07/01737/FUL Storage King Europe Change of Use from Class 1 Grant Ltd (Retail) to Class 6 (Storage and Distribution) 517 Windmillhill Street Motherwell
(P> N/07/01692/FUL If granted, Section 69 Agreement Required. C/07/01624/AMD If granted, Section 75 Agreement to be concluded. C/07/01722/OUT If ganted, Section 75 Agreement to be concluded. S/07/01468/OUT If granted, refer to Scottish Ministers (Contrary to Development Plan) S/07/01609/FUL If granted, refer to Scottish Ministers (Contrary to Development Plan) S/07/01625/0UT If granted, refer to Scottish Ministers (Significant Departure from Development Plan) Application No: N/07/0169O/FUL
Date Registered: 18th October 2007
Applicant: Alliance & Leicester Carlton Park, Narboroug h Leicester, LE19 OAL
Agent Speirs Gumley 194 Bath Street Glasgow
Development: Installation of an ATM (Automatic Telling Machine)
Location: 39 Main Street Kilsyth
Ward: 1 : Kilsyth - Councillors Jones & Key
Grid Reference: 271771677868
File Reference: N/07/0169O/FUL
Site History: No recent history
Development Plan: Kilsyth Local Plan 1999 : Conservation Area.
Contrary to Development Plan: No
Consultations: None
Rep resentat io ns: I 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
Background Papers:
Application form and plans received 18th October 2007 Letter from Alex G Ross & lsobel Ross, Flat 112 Dawson's Building, 61 Main Street, Kilsyth, G65 OAH received 23rd October 2007.
Kilsyth Local Plan 1999
Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 616464.
Date: 4th December 2007 I * Representation APPLICATION NO. N/07/01690/FUL
REPORT
1. Description of Site and Proposal
1.I The site is a Somerfield supermarket store, located in Main Street, Kilsyth. The site is within the Kilsyth Conservation Area. It is bounded by Dawson’s Wynd to the north, Main Street to the east and a car park to the west and south.
1.2 The proposal is for the installation of an ATM machine on the front elevation of the store which faces on to Main Street. The main public entrance to the store is on this elevation. The ATM machine is proposed to be installed in an existing window.
2. Development Plan
2.1 This proposal raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against local plan policies.
2.2 In the Kilsyth Local Plan 1999, the application site lies within a defined core shopping area and the Kilsyth Conservation Area where policies SC3 and BE5 apply.
3. Consultations and Representations
3.1 There were no consultations regarding this application
3.2 One letter of representation has been received from a resident of Main Street regarding this application. The objections raised, and my comments thereon, can be summarised as follows :-
0 The ATM machine could represent a disproportionate inroad to the business viability of the Post Office located in Main Street.
Comment: The competition the proposed ATM will pose to the existing service at the local Post Office is not a material planning consideration and should therefore not influence the determination of this application.
0 This proposal could be regarded as an extension to the monopolistic trend of small supermarkets which in a small community results in the disastrous loss of small businesses.
Comment: This objection is not relevant to the application for an ATM machine and should not influence the planning decision.
0 The granting of this application would be tantamount to going against the aims and objectives of the Town Centre Initiatives to encourage and foster the retention and restoration of small retail and commercial businesses in the immediate area.
Comment: The Planning Authority, through the Kilsyth Local Plan 1999 and the Town Centre Initiative, aims to support and encourage the retention of existing small businesses and services in Kilsyth town centre. I do not consider, that the installation of an ATM on the front elevation of Somerfield to be contrary to this aim, nor do I consider that it would detrimentally affect the retail viability of the centre. 4. Plannina Assessment and Conclusions
4.1 In terms of Section 25 of the Town and Country Planning (Scotland) Act 1997, planning applications must be determined in accordance with the relevant development plan unless material considerations indicate otherwise. In this case, the proposal is not contrary to policies SC3 and BE5 of the Kilsyth Local Plan 1999.
4.2 ATM machines are common features at supermarkets such a Somerfield, and in town centres such as Kilsyth, and provide a convenient service for the public.
4.3 I do not consider that the ATM machine would have a negative impact on the character of the building. A minimal amount of space would be utilised in mounting the ATM on the front elevation of the store.
4.4 Notwithstanding the letter of representation received, it has been concluded that the proposed ATM is not contrary to the aims and objectives of the Kilsyth Town Centre Initiative. The potential impact an ATM could have on other existing small businesses is not a material planning consideration and is not relevant to the consideration of this planning application. Accordingly, it is recommended that planning permission be granted. Application No: N/07/01692/FUL
Date Registered: 22 October 2007
Applicant: Fundamental E Investments Plc Wellington House East Bridge Cam bridge CBI IBH
Agent Young and Gault Architects 28 Speirs Wharf Glasgow G4 9TG
Development: Construction of 95 Residential Flats and Associated Parking and Amenity Space
Location: 17-21 Newtown Street Kilsyth G65 OJX
Ward: 1 : Kilsyth - Councillors Jones and Key.
Grid Reference: 271688677768
File Reference: N/07/01692/FUL
Site History: N/05/01566/FUL : Construction of 72 Flats - Granted 23 November 2006
Development Plan: Kilsyth Local Plan 1999 : Housing.
Contrary to Development Plan: No
Consultations:
Representations: One letter of representation received.
Newspaper Advertisement:
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. Construction of 95 Flats it Representation Reason:To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of the existing and proposed levels on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason:To ensure that levels are appropriate for the site and the general area.
3. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority .
Reason:To ensure that materials are appropriate for the site and the general area.
4. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To ensure that walls and fences are appropriate for the site and the general area.
5. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (b) details of the phasing of these works.
Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.
6. That all works included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure future effective maintenance.
7. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas plus all other communal areas.
Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.
8. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 7, shall be in operation
Reason: To ensure future effective maintenance.
9. 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 and agreed by the Planning Authority in consultation with West of Scotland Archaeology Service; 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 consultation with West of Scotland Archaeology Service.
Reason: In order to protect and record any archaeological remains.
10. That before any flat hereby permitted is occupied appropriate footpath links (including the removal of any redundant links) shall be formed between the application site and Airdrie Road, to the satisfaction of the Planning Authority, or such other scheme as may be approved in writing by the Planning Authority.
Reason: In the interests of promoting effective footpath links
11. That before the development hereby permitted starts, a site investigation survey shall be carried out in accordance with the requirements of British Standard Code of Practice BS10175:2001 and a report of this survey (confirmed by a chartered engineer) shall be submitted to the Planning Authority; the works required in order to remove or render harmless any potential contamination risks, 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 that any pollutants do not pose a risk to development.
12. That prior to works commencing, full details of the location and design of the sewerage scheme shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt surface water drainage shall comply with the Scottish Environment Protection Agency (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).
Reason: To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.
13. That the SUDS compliant surface water drainage scheme approved under Condition 12 above shall be implemented contemporaneously with the development. Within three months of the construction of the approved SUDS, a certificate (signed by a chartered Civil Engineer experienced in drainage works) shall be submitted by the applicant 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 the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.
NOTE TO COMMITTEE
If granted, the planning permission will not be issued until an agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded to secure an additional financial contribution towards upgrading local play provision to compensate for under provision within the site. Background Papers:
Application form and plans received 22nd October 2007
Letter from Mr Robert Langan, 38 Newtown Street, Kilsyth, G65 received 1st November 2007.
Glasgow and Clyde Valley Structure Plan 2000 Kilsyth Local Plan 1999
Any person wishing to inspect these documents should contact Mrs Mary Hogg at 01236 616459
DATE : 4'h December 2007 APPLICATION NO. N1071016921FUL
REPORT
1. Description of Site and Proposal
1 .I This application is for the construction of 95 residential ,,ds on the 7 hectare site of the factory premises of Wilson & Garden located near to the town centre at Newtown Street, Church Street, Westport Street, Kilsyth.
Site:
1.2 The site is bounded to the west by Church Street, to the east by Westport Street and to the south by Newtown Street. To the north a wide tree lined verge slopes down to Airdrie Road separating the site from the town centre. To the northwest of the site on the corner is the Methodist Church and on the west side the Kilsyth Burns and Old Parish Church with associated halls. Both churches are of some architectural merit. A Scottish Power electricity sub station is located on the north east corner of the site. The surrounding area is a mixture of predominantly residential flats varying from single storey to four storeys in height, built in the 1960/70s.
1.3 The buildings on the site are single storey barrel vaulted industrial sheds elevated above the adjacent road to form loading bays. The factory is no longer fit for purpose and is now under- utilised. Wilson & Garden's intend to relocate to more appropriately sized premises within the locality allowing the site to be redeveloped.
1.4 Planning consent was granted for 72 residential flats on this site in November 2006 (Reference No. N/5/01566/FUL). This consent was granted following the conclusion of a Section 69 Agreement between Fundamental E Investments PLC and North Lanarkshire Council. The agreement was in regard to FE1 contributing a sum of f18,000for the upgrading of local play area facilities. Note that demolition of the buildings on the site commenced in October 2007.
1.5 Since the granting of this consent research on the local housing market and consideration of the economic viability of the development has indicated to FE1 that an increase in the number of units on the site is necessary and could be achieved without negative impact on the visual or residential amenity of the surrounding area. Hence, the submission of the current proposal for the site.
Proposal:
1.6 The current proposal is for a development of 95 residential flats comprising of the following mix: -
0 5 x One bedroom flats 0 81 x Two bedroom flats 0 9 x Three bedroom flats
1.7 The scheme has been developed round a courtyard reflecting the form of the original factory block. The proposal is predominantly three storeys on three sides at Church Street, Newton Street and Westport Street, increasing at the corners to four and five storeys and at the north west corner to six storey build. The five storey south west corner block takes advantage of the views of the parish church and beyond the Kilsyth Hills. 1.8 At the north east corner, the development will curve partly to retain the sub station and to create a strong visual presence of the development. This will be five storeys in height reducing as it curves round to Airdrie Road dropping again to four storeys and then culminating in a six storey block at the north east corner taking advantage of the screening of the mature trees running along Airdrie Road and the open aspect beyond the Methodist Church.
1.9 143 parking spaces will be provided on two levels : 19 spaces at Church Street and 49 spaces in the courtyard with a further 75 on the lower ground level. Vehicular access will be from Newtown Street and Church Street. Pedestrian access will be from Westport Street via a pend arrangement and a ramped access on Church Street.
1.I0 The palette of contemporary materials combined with the introduction of various design features i.e. differing faGade heights; the breaking up of the roof-scape with pitched and flat roofed areas and tower features gives visual interest to the development and avoids it appearing monolithic.
1.11 A comprehensive Design Statement has been submitted in support of the proposed development.
2. Development Plan
2.1 The proposal 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 policy.
2.2 Under the Kilsyth Local Plan 1999, the site is covered by the following policy :-
0 HG3. New residential development should be in keeping with the scale and character of the surrounding area.
3. Consultations and Representations
3.1 Comments from the following external consultees in respect of the previous planning application :-
0 Scottish Environment Protection Agency; 0 Scottish Water; 0 West of Scotland Archaeology Service; and 0 NLC Education:
still stand, and can be covered by the imposition of planning conditions.
3.2 The advice from my Protective Services and Conservation and Greening Sections on the previous planning consent is still relevant and can be covered by the imposition of planning conditions.
3.3 My Traffic and Transportation Section has made some comments about the access and street lighting, which can be covered by planning conditions. However, recommendations made in relation to the allocation of car parking spaces are not considered to be unenforceable.
3.4 One letter of representation has been received from a member of the public. The points raised, and my comments thereon can be summarised as follows:-
0 The development will greatly disturb the residential amenity of the area.
Comments : The site at present is occupied by industrial sheds used as factory premises for Wilson & Garden. The surrounding area is predominantly residential in nature therefore the proposed change to this should not disturb the residential amenity of the area any more than the present use of the site.
0 The construction of the residential development will initiate traffic, parking and access problems.
Comments : There will inevitably be some inconvenience to local residents during the construction stage.
0 Kilsyth has contributed enough to the housing stock in the area. Before more disruption is allowed the problems currently being experienced with existing building sites in the area should be resolved
Comments :There is a perceived demand for this type of residential mix in Kilsyth. This is an infill development on a ‘brownfield site’ within a predominantly residential area. It is assumed that, if consent is granted, the developer would complete the works within as short a period as possible.
0 The proposal should be refused on the grounds that the site is not compatible with the Local Plan
Comments : Under the Kilsyth Local Plan 1999, the site is covered by policy HG3 - ‘New residential development should be in keeping with the scale and character of the surrounding area’. This zoning supports a suitable residential development. The innovative design of the flatted development has taken account of the adjacent streetscape and the two neighbouring churches.
The lives of the people of Kilsyth would be badly disrupted during the construction period which to a certain extent would continue after the development is completed.
Comments :As mentioned above, disturbance during the construction period is inevitable, but is viewed as a temporary nuisance to local residents. The traffic generated by the proposed flats can be accommodated within the capacity of the local road network. However, there is no doubt that the residents of Newtown Street, Westport Street and, to some extent Findlay Street, will experience permanent changes within the vicinity of their houses.
4. Planninn Assessment and Conclusions
4.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997, all planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. The Local Plan zoning of the site supports a suitable residential development, and permission has already been granted for 72 flats.
4.2 An innovative design has been proposed for the 95 flats, with due regard having being given to the adjacent streetscapes and to the setting of the two neighbouring churches.
4.3 It is considered that this site is suitable for a high density flatted development and that the innovative design of the proposed buildings is of an acceptable high standard for this prominent location. It is recommended that planning permission be granted, notwithstanding the objection received.
4.4 If the above recommendation is accepted, permission should not be issued until an agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded in respect of an additional financial contribution towards the upgrading of local play area facilities. Application No: C/07/00342/FU L
Date Registered: 1st March 2007
Applicant: LlDL GMBH UK Tailend Farm, Deans Industrial Estate Deans Road Livingston EH54 8SA
Agent Smith Design Associates 16 Lynedoch Crescent Glasgow G3 6EQ
Development: Erection of Class 1 Retail Unit with Associated Access, Parking and Landscaping
Location: 293 Dundyvan Road Dundyvan Coatbridge North Lanarkshire ML5 4AU
Ward: 10 Coatbridge South Councillors Brooks, Ferrie and Higgins
Grid Reference: 273565664160
File Reference: C/PL/CTD686000293/SM/LR
Site History:
Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 Zoned partly as HG9 (Existing Residential Area) and Econ 2 (Economic Development)
Contrary to Development Plan: No
Consultations: Scottish Environment Protection Agency (Comments) Scottish Water (Comments) Network Rail (Comments)
Representations: 5 letters of representation received.
Newspaper Advertisement: 14 March 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. Planning Application No C/07/00342/FUL -_.* .I*", .I , Erection of Class 1 Retail Unit with Associated Access, P 1 $ .I >, *-. "II . *A&. Parking and Landscaping
293 Dundyvan Road, Dundyvan, Coatbridge
% Representations 4 epresentations outwith Map Area Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That all works included in the scheme of landscaping and planting, approved under the terms of condition 2; above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the area.
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, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed footpaths (b) the proposed parking areas (c) the proposed external lighting (d) the proposed grassed, planted and landscaped areas (e) the proposed fences to be erected along the boundaries
Reason: To enable the Planning Authority to consider these aspects in detail.
5. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 4 shall be in operation.
Reason: In the interests of the visual amenity of the area.
6. That before the development hereby permitted starts, a desk top study 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 enable the Planning Authority to consider these aspects in detail.
7. That any remediation works identified by the site investigation required in terms of condition 6 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
8. That before the development hereby permitted starts written confirmation from Scottish Water shall be provided to the Planning Authority stating that the additional flow arising from this development (both foul drainage and surface water) will not cause or contribute to the premature operation of consented storm overflows. In the event that Scottish Water wishes to exclude surface water from the sewerage system a surface water drainage scheme shall be provided to the Planning Authority for its written approval. For the avoidance of doubt the surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.
Reason: To ensure adequate drainage facilities within the site.
9. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
10. That before the buildings hereby permitted are brought into use, all parking, manoeuvring and servicing areas shall be completed to the satisfaction of the Planning Authority.
Reason: In the interests of traffic and pedestrian safety.
1 1. That prior to the development hereby permitted first coming into operation the proposed changes to the existing roundabout at the junction of Whifflet Street and Dundyvan Road shall be constructed in accordance with the standards indicated in the design Manual for Roads and Bridges.
Reason: In the interests of traffic safety.
12. That prior to the development hereby permitted first coming into use the controlled pedestrian crossing facility on Dundyvan Road should be constructed and comply with the standards indicated in the DMRB and Local Transport Note 2/95.
Reason: In the interests of pedestrian safety.
13. That before the development hereby permitted starts, a scheme of lighting shall be submitted for the written approval of the Planning Authority, and it shall include:- a) details of the design and location of all lighting within site b) details of the design and location of all utility lighting to be positioned within the parking and servicing areas c) a scheme of lighting for the pedestrian routes traversing the site d) a scheme of amenity lighting for the retail building
Reason: To enable the Planning Authority to consider these aspects in detail.
14. That before the buildings hereby permitted are brought into use, the scheme approved under the terms of Condition 13 shall be implemented and thereafter all lighting shall be maintained and operated in accordance with the provisions of the scheme, except as may otherwise be agreed in writing by the Planning Authority.
Reason: In the interest of visual amenity, pedestrian safety and site security. Background Papers:
Application form and plans received 1st March 2007 Retail Impact Assessment by Hargest and Wallace received on the 25'h June 2007 Transportation Assessment by JMP Consulting received on the 31" August 2007 Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B 8, C September 1996 SPP8 Town Centres and Retailing Letter from Scottish Water received 14th March 2007 Letter from SEPA received 11 th May 2007 Letter from Network Rail received 21st March 2007 Memo from Local Plans Section received 12th March 2007 Memo from Transportation received 19th April 2007 Memo from Head of Protective Services received 19th March 2007 Memo from Local Plans Section received 27th July 2007 Letter from Coatbridge Car Sales, Head Office, 287 Dundyvan Road, Coatbridge, ML5 4AU received 22nd March 2007. Letter from B. Bell, 9 Muirdyke Road, Coatbridge, ML5 2HQ. received 30th August 2007. Letter from I Corrigan, 22 Heritage Crescent, Shawhead, Coatbridge received 29th August 2007. Letter from B Burns, 52 Lomond Road, Townhead, Coatbridge, North Lanarkshire, ML5 2JR received 3rd September 2007. Letter from M Finnigan, 6 Bute Street, Whifflet, Coatbridge, North Lanarkshire, ML5 4HF received 6th September 2007.
Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.
4'h December 2007 APPLICATION NO. C1071003421FUL REPORT
1. Description of Site and Proposal
1.1 Planning permission is being sought for the construction of a 1404sq.m (gross floor area) Class 1 retail food store with associate parking and landscaping. The new store proposed is a LlDL foodstore is of modern design and materials and will have a sales area of 1063sqm. The proposed store building measures 54 m by 26m and with a mono pitch roof 7 metres high (at its highest point). The store building is located in the north west of the site. The store will take vehicular access from the existing roundabout at the junction of Dundyvan Road and Whifflet Street.
1.2 The site is a former railway siding and has been vacant for several years. It is bound by Whifflet Street to the east, the railway line to the north, and commercial properties located along the southern and western boundaries.
1.3 LlDL have an existing store (gross area 961 sq.m) located on Main Street, Coatbridge. The proposed new store will replace the existing store which is considered too small to satisfactorily meet legislative requirements and LlDL company policy. This store is currently being marketed and there are expectations that the unit will go to a bulky goods retailer however this has not been confirmed and it is unknown who will occupy the unit in the future. LlDL have confirmed that they will enter into a legal agreement with the future occupier to prevent the unit being used for food sales in the first 7 years.
1.4 The applicant has submitted further information in support of this application in the form of a Retail Impact Assessment and a Transportation Assessment.
2. Develoment Plan
2.1 The development plan is represented by the Glasgow and Clyde Valley joint Structure Plan 2000 and the Monklands District Local Plan 1991. The site is zoned as HG9 (Policy for Existing Residential Areas) and ECON 2 (Existing General Urban Areas) in the Monklands District Local Plan 1991.
2.2 Schedule 9 of the Glasgow and Clyde Valley Structure Plan 2000 states that retail developments of over 2000sq.m comparison or over 1000sqm convenience are likely to be significant in terms of the structure plan. Therefore the proposal needs to be assessed against the 3 criteria contained within Strategic Policy 9 (Assessment of Development Proposals) which are:
(i) The case for the development can be established. (ii) The location of the development is appropriate (iii) The infrastructure of the development is appropriate
3. Consultations and Representations
3.1 Scottish Water was consulted and does not object to the application but does advise that whilst the Water Treatment and Waste Water Treatment Works both have capacity to accommodate the development there may be water pressure issues within the water network and that there are known constraints within the waste water network.
3.2 SEPA was consulted and does not object to the proposal.
3.3 Network Rail was consulted and has submitted comments including their guidance to developers to ensure that the development does not adversely affect the operation of the railway.
3.4 NLC Transportation was consulted and initially deferred its decision subject to further clarification on the content of the Transportation Assessment. Following further correspondence the Transportation Section is now satisfied with the vehicular access arrangements and internal layout of the site.
3.5 NLC Protective Services has not objected to the proposal but has advised that a site investigation survey be carried out to determine whether or not there is any contamination within the site which requires to be remediated.
3.6 Following standard neighbour notification procedures and press advertisement 5 letters of representation have been received.
3.7 1 letter objects to the proposal due to concerns about the new pedestrian crossing and continued access and customer parking on Dundyvan Road for the adjoining business at 287 Dundyvan Road, Coatbridge.
3.8 The remaining 4 letters are all letters of support for the relocation of the LlDL store the reasons given are predominantly consumer choice related.
4. Planning Assessment and Conclusions
4.1 Section 25 of the Town and Country Planning Scotland Act 1997 requires that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise.
Structure Plan 4.2 The Glasgow and Clyde Valley Joint Structure Plan 2000 sets out thresholds to determine whether or not a retail development should be considered significant. These schedules detailed in Schedule 9 are 2000sqm for comparison and 1000sqm for convenience goods. The applicant argues that in this instance the difference in floor areas between the existing store and the new store will only result in a net increase of 372sqm of convenience retailing. They also argue that the existing store will revert to a comparison store of 1002 sq m. Both of these figures fall below the thresholds detailed above. However, there is no restriction on the use of the existing store on Main Street and therefore it may be wholly used for convenience retailing in the future. Accordingly, this would take the additional convenience floorspace over 1000 sq m as identified in the plan. As such this application has been considered to be significant.
4.3 This application is therefore of a scale that is considered to be significant in terms of the Structure Plan Strategic Policy 9. In order to accord with the Structure Plan the proposed development requires to be assessed against 3 criteria contained in Strategic Policy 9 (Assessment of Development Proposals). These criteria are:
A. The case for the development can be established. B. The location of the development is appropriate C. The infrastructure of the development is appropriate
4.4 Through Policy 9A (iv) the case for any development has to be established against the criteria set out in Schedule 6 (c)(i). The criteria of this schedule considered to be applicable are outlined and discussed below:
a) Expenditure compared to turnover in the appropriate catchment area.
Comment: There is no recognised surplus of expenditure over turnover in the catchment area. b) Impact, including cumulative impact on town centres.
Comment: The applicant suggests that the turnover of the new store would be around f2.63m. Based upon the figures provided by the applicant, the proposal would reduce turnover in Coatbridge town centre by 1%. These impacts are considered marginal and not considered to be significant.
c) Contribution to the vitality or viability of town centres, and functional relationship with existing town centres.
Comment: The Retail Impact Assessment found that the vitality and viability of Coatbridge is mixed and that there is a split between the Main Street and Faraday Retail Park. It is considered that the proposed development will impact primarily upon the 2 superstores but would not impact on their viability. Similarly it was found that the impact on comparison goods would be low and that the development will not affect the trading position of any of the existing businesses in the town centre or retail park.
The Retail Impact Assessment supported by evidence of other LlDL stores in Scotland argues that the proposal will enhance the viability of the Local Shopping Area in Whifflet.
d) Requirement to locate new developments in locations that can be accessed in accordance with Strategic Policies 3 and 9B(vi).
Comment: The sites location close to public transport links has found to be in the proposal’s favour. It is in close proximity to residential areas with a good walk-in catchment and is also located close to various bus routes and to Whifflet railway station.
e) Contribution to remedying any qualitative deficiencies.
Comment: The Retail Impact Assessment identifies a qualitative deficiency in a discount store in the Whifflet area.
4.5 The second criterion (B) relates to the acceptability of the location of this development and requires that a sequential approach be taken to proposals for retail development. This approach is set out in SPP8 (Town Centres and Retailing). Preference should be given firstly to town centre sites followed by edge of centre sites and only then by out of centre sites that can be accessed by a range of Transport. The new store will be located on the edge of Whifflet centre and adjacent to Coatbridge town centre as defined by the Local Plan. The supporting Retail Impact Assessment identifies several sites in the Coatbridge area which were considered however it demonstrates that no suitable sites were capable of accommodating the development within the town centre.
4.6 In terms of the third criterion (C) the developer can make appropriate provision for infrastructure and conditions are recommended to ensure this.
4.7 The proposal is considered to be significant in scale in terms of Strategic Policy 9 however as it satisfies the above criteria it is not deemed to be a departure, consequently the proposal does not need to be assessed under Strategic Policy 10.
Local Plan 4.8 In terms of the Monklands District Local Plan 1991 the vast majority of the site is zoned as HG9 (Housing Policy for Existing Residential Areas) this policy seeks to protect the residential amenity of such areas by preventing inappropriate development. Whilst this site is zoned as HG9 the surrounding land uses are non-residential. It is considered that the development of this site will not have a detrimental impact on the amenity of the wider residential area.
4.9 A small part of the application site falls within an area designated as ECON 2 which supports the retention of a predominantly industrial character and its continuation of industrial use. The only part of the proposed development to fall within this area is the access road.
4.10 Policy COM 1 (Maintain Viable Town Centres) indicates that the Council will resist major commercial developments within or outwith the Area which threaten the viability of the retail cores of Coatbridge and Airdrie.
4.1 1 Policy COM 2 (Criteria for New Shopping Developments) requires the proposal to be assessed against the following criteria: a) Support for viability of existing shopping areas b) Convenience of access for pedestrians and vehicles c) Creation of a safe and pleasant shopping environment d) Balance of unit size and mix of retailhon retail uses e) Adequacy of car parking and public transport f) Quality and sensitivity of design
4.12 As discussed above it is considered that the proposed retail unit will not significantly impact on the vitality or viability of the existing Coatbridge town centre or Faraday Retail Park. The location of the site is considered to have good access for both pedestrians and vehicles (see 4.4(d) above). The applicant has demonstrated that suitable vehicular access arrangements and parking provision can be provided. The retail unit has a modern design which will integrate satisfactorily with the other surrounding buildings.
4.13 In assessing the proposal's compliance with the development plan, it is concluded that the development (being of strategic importance) complies with the terms of Strategic Policy 9. It is similarly acceptable in terms of the retail policies and site specific policies contained within the adopted Local Plan. Accordingly, it must be concluded that the proposal is in accordance with the development plan and must therefore be granted permission unless there are found to be any other material considerations which suggest otherwise.
Other Material Considerations 4.14 Policies COM 1 and 2 in the Finalised First Alteration to the Monklands District Local Plan are also considered as material considerations since they represent the Council's most recent thinking on retail policy in this area.
4.15 Policy COMI (Maintain the Role of Town Centres) states that the Council will seek to maintain and improve the quality of shopping provision within the Local Plan Area in the retail sector by: a) Directing major (over 1,OOOsq.m. gross) retail development to either within or adjacent to the town centres of Airdrie or Coatbridge, where appropriate development opportunities exist in support of both Structure Plan and National Planning Guidance. b) Promoting the enhancement and improvement of the physical fabric and infrastructure in the Town Centres, e.g. through Town centre Action Plans. c) Bringing forward opportunities for retail developments within the Town Centres in line with sustainable objectives and national development plan guidance. d) Directing minor (less than 1,000 sq.m. gross) retail development to the COM5 areas identified in the Local Plan. e) Supporting the provision of local shopping facilities in new housing areas as demand evolves
4.16 Policy COM2 (Criteria for Evaluating All New Retail Proposals) sets out the criteria by which this development should be assessed: a) Whether the proposal will maintain and/or enhance the vitality and viability of existing retail centres in line with COMI b) Whether the location of a proposal is within or adjoining an existing retail centre in line with COMI c) Ability of the appropriate catchment population to support such a facility d) Clear evidence of a lack of choice in respect of any particular form of retailing e) Assessment of cumulative impact at any out of centre location on existing retail locations f) Compatibility with surrounding land uses. g) Convenient accessibility of public transport facilities in line with sustainable objectives h) Availability of alternative sites, within or adjacent to the town centres. i) Infrastructure implications.
4.17 Whilst COM 1 seeks to direct new retail development over 1000sq.m into the existing town centres the applicant has demonstrated in the retail impact assessment that the sequential test approach was carried out in relation to the proposed store and that no suitable sites were identified within the town centre. The policy seeks to direct minor development under 1000sq.m into COM 5 areas. Whilst the site in question is not located within a COM 5 area it is on the edge of the Whifflet local shopping area and the applicant has argued through the retail impact assessment that the proposed store is likely to enhance the vitality and viability of the existing shopping area.
4.18 In terms of COM 2 the applicant has demonstrated that the proposed store will not detract from the vitality and viability of the existing retail centres. They consider that there is a lack of discount foodstores in the area. The proposed development is considered to be compatible with the surrounding commercial, industrial and residential uses. As discussed above the applicant did, as part of their retail impact assessment; adopt the sequential approach which failed to identify any suitable sites within the town centre. As discussed above it is considered that the applicant can provide the required infrastructure improvements.
4.19 It is considered that the detailed issues raised by the Transportation Team have now been satisfactorily addressed and that they can now be the subject of conditions should approval be given.
4.20 The concerns raised by the objection with regards to the access to adjacent commercial properties and the current parking arrangements on Dundyvan Road have been considered. Bearing in mind the comments of the NLC Transportation Team, it is clear that acceptable vehicular access arrangements can be achieved. In terms of on-street parking it is acknowledged that there may be less on street parking immediately to the front of the business concerned due to the provision of the new pedestrian crossing, however, on-street parking is discouraged and cannot be reserved.
4.21 In conclusion, the application has been assessed in terms of the required criteria and was found to accord with the provisions of the development plan. Due consideration has been given to all other material considerations and it is considered that the size, scale, design and layout of the proposed development are considered to be acceptable. The location of the site is also considered preferable to the existing store location on Main Street. Similarly, the applicant has demonstrated that satisfactory access arrangements and parking provision can be provided with no significant impact on the surrounding area. It is therefore recommended that planning permission be granted subject to conditions. Application No: C/07/00722/FUL
Date Registered: 22nd May 2007
Applicant: WM. Morrison Supermarket PLC Clo Agent
Agent SMC Jenkins & Marr 3 Bon Accord Crescent Aberdeen AB11 6XH
Development: Non-Compliance with Condition (4) of Permission 971525 (To Extend Use of Service Area for 24 Hour Access) Location: Wm Morrisons Gartlea Road Gartlea Airdrie North Lanarkshire ML6 9JL
Ward: 8 Airdrie Central Councillor’s Devine, Logue & Stocks
Grid Reference: 276543665342
File Reference: C/PL/AIG2100158000/IJ/LR
0 P/PA/SS/256 Erection of food superstore, petrol station, service Site History yard and parking - Granted on Appeal March 1993 0 931388 Reserved Matters - Granted Jan. 1994 0 95/093 Variation of permission to use Service area between 0700-1800 hours - Granted Feb. 1996 0 C/97/00525/FUL Use of Service Area between 0700-2200 (Amendment to Planning Consent 95093) -Granted April 1998 0 C/98/00419/FUL Car Park Extension - Granted May 1998 0 C/01/01186/FUL Side Extensions Comprising 1,081.2 sq metres of Additional Floorspace to Shop - Granted Nov. 2001 0 C/01/01189/AMD Non-Compliance of Planning Condition 12 of Planning Permission P/PPNSS/256 - Granted Nov. 2001 0 C/02/00653/FUL Alterations to Car Park - Granted June 2002 0 C/O4/019lO/FUL Erection of 2 No Sets of Gates and 3 Metre High Security Fence to Service Yard - Granted Dec. 2004
Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 - Policies ECON 7 and LR5
Contrary to Development Plan: No
Consultations:
Representations: 5 letters of representation received.
Newspaper Advertisement: Advertised on 6th June 2007 Non-Cokpiiiance with Condition (4) of Permission C/97/525 (To Extend Use of Service Area for 24 Hours Access) Wm Morrisons, Gartlea Road, Gartiea, Airdrie %*'. * Representation Representations Made from Social Work 8 Gartiea Gardens Sheltered Housing Nd to hie Recommendation:
Refuse for the reason that the proposal would be detrimental to the amenity of the surrounding residential properties in that the applicant has failed to prove that the noise created during the night time hours would not cause disturbance to existing residents.
Background Papers:
Application form and plans received 25th April 2007
Memo from Head of Protective Services received 14th June 2007 Letter from William and Sarah Maguire, 28 Gartlea Gardens, Airdrie received 2nd May 2007. Letter from L Stalker, Housing and Social Work Services, Coats House, Gartlea Road, Airdrie, ML6 9JA received 2nd May 2007. Letter from Mrs Anna Wylie, 22 Gartlea Gardens, Airdrie received 2nd May 2007. Letter from C. McFaulds, 105 Graham Street, Airdrie, ML6 6DE received 8th May 2007. Letter from Mr & Mrs Waddell & Signatories, Residents, Gartlea Garden Sheltered Housing Complex, Airdrie, ML6 6DF received 9th May 2007. Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, 6 & C September 1996
Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382.
Date: 4'h December 2007 APPLICATION NO. C1071007221FUL
REPORT
1. Description of Site and Proposal
1.1 The application site is located adjacent to Airdrie Town Centre and currently accommodates a large retail foodstore (Wm.Morrison Ltd.) with associated parking, service areas and a petrol filling station. The site is accessed from Gartlea Road (to the west) and is bounded by an operational railway line to the south, a Sheriff Court building/Community Centre and Sheltered Housing Complex to the north and Adam Avenue to the east.
1.2 The proposal is for an extension to the currently restricted hours of usage of the service area (0700-2200) to allow 24 hour access for deliveries to the foodstore.
2. Development Plan
2.1 The site is covered by policies ECON7 (Office/Business Use/Light Industry) and LR5 (Upgrade Football Stadium) in the Monklands District Local Plan 1991. The proposal raises no strategic issues.
3. Consultations and Representations
3.1 Following the standard neighbour notification and public advertisement procedures 5 letters of representation, including a letter from the adjacent Gartlea Garden Sheltered Housing Complex with 29 signatures, were received against this proposal. The relevant points of objection are as follows:
a. There would be an increase in noise pollution through increased hours of usage of the service area directly adjacent to the existing Sheltered Housing Complex and this would be detrimental to the wellbeing of the elderly residents of the Complex. The road accessing the service area is directly adjacent to the Complex and the heavy lorries currently “trundling” up and down that road makes sleeping difficult for those residents.
b. The issue of excessive noise from late night deliveries to the supermarket has been raised before and personal experience (from a resident on Graham Street) has confirmed excessive noise levels generated from delivery vehicles particularly after 9/10 pm.
3.2 The Housing & Social Services Manager has formally objected to the proposal on the grounds of the inevitable impact of lorries in terms of noise from loading/unloadingon the vulnerable in our community (Sheltered Housing) on a 24 hour basis.
3.3 The Protective Services Section had initially commented that a Noise Assessment report (under BS 4142) should be submitted in support of the information submitted with the planning application. Following receipt of the report Protective Services Section have advised that the Assessment is not comprehensive enough and should not be used as any mitigation against the chance of potential noise nuisance from the service yard.
4. Planninn Assessment and Conclusions
4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that in making any determination under the Planning Act, regard has to be had to the development plan. In particular, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. In this instance, the development on the whole is not held to be of strategic importance taken the recent history of the site, therefore the Structure Plan is not relevant in the assessment of this planning application.
4.2 In terms of the Monklands District Local Plan 1991 the application site is located within an area covered by policy ECON 7: Offices/Business Use/Light Industry where planning permission was granted on appeal (P/PPA/SS/256) in March 1993 for the erection of a superstore, petrol filling station, service yard, customer and staff parking. The supermarket is now established at this location and subsequent planning permissions have included extensions to the building, service and car park as well as a relaxation in the hours of usage of the service area to 0700- 2200 (planning permission 97/525).
4.3 In terms of material considerations then the concerns raised through the letters of representation in respect of noise nuisance caused by any increased hours of operation are relevant matters that require to be assessed. In this respect it should be noted that there are previous recorded instances of noise complaints having been received by local residents against the operators of the foodstore (formerly Safeway Stores Ltd) breaching the permitted hours of usage of the service area into the early hours of the morning. In support of this application an assessment of the unloading noise using the BS4142:1997 methodology was undertaken on behalf of the applicant and the proposed treatment to the loading docks and the use of “quiet trucks” to reduce noise levels within the service yard. The Protective Services Section has questioned elements of the assessment with particular regard to the use only of “quiet trucks” in the service yard and the accuracy of the assumption that with modifications to the loading docks the difference between the rating level and the background noise level would only be of marginal significance. In conclusion the Protective Services Section has recommended against the suggestion put forward by the applicant that the drivers could switch off their reversing bleepers when in the service yard and suggests that the Assessment is not used as any mitigation against the chance of potential noise nuisance from the service yard.
4.4 As regards the points of objection raised I would offer the following comments: a. Notwithstanding any possible mitigation methods that could be put in place to reduce noise levels caused by vehicles servicing the foodstore there would be an inevitable increase in the levels especially in the late evenings and early mornings when surrounding noise levels are minimal. Taken the close proximity of the service yard to the adjacent Sheltered Housing Complex then any increased noise levels both within the yard and on the access road serving the yard during evenings/early mornings would inevitably have an adverse impact on this especially vulnerable section of the community. b. Previous instances have occurred when service deliveries have been made to the foodstore outwith the existing permitted hours (after 2200hours) and this has resulted in complaints from residents both directly adjacent to the yard and on Graham Street itself. Any permitted use of the service yard for a continual 24 hour a day period would inevitably increase the level of noise around the site in the late evening/early morning and this would create a noise amenity issue during those sensitive periods of the day.
4.5 Having regard to the foregoing I consider that the introduction of a 24 hour delivery service to this foodstore would be detrimental to the amenity of the surrounding residential properties and in particular the residents of the adjacent Sheltered Housing Complex in that it would create an adverse noise amenity issue especially during late eveninglearly mornings. I therefore recommend that planning permission be refused for the stated reason. Application No: C/07/01073/OUT
Date Registered: 18th June 2007
Applicant: Mohammed Yasin 78 Hamilton Road Rutherglen Glasgow
Agent Omar Retail 14/16 Street Cowie Stirling FK7 7BL
Development: Ground Floor Shop with Associated Storage on Upper Floor (in 0u tl i ne)
Location: 4 Coathill Street Roseh a II Coatbridge North Lanarkshire ML5 4DU
Ward: 10 Coatbridge South Councillors Brooks, Ferrie and Higgins
Grid Reference: 273493663733
File Reference: C/PL/CTC075000/1J/LR
Site History:
Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered HG9 Housing Policy for Existing Residential Areas.
Contrary to Development Plan: No
Consultations: Scottish Water (No Objections) British Gas (No Objections) Scottish Power (No Objections)
Representations: 33 letters of representation received.
Newspaper Advertisement: Not Required rrnmollNI nurm 0” I Planning Application No C/07/01073/OUT R llLILI _I x blli*J 3 lltrl” * , L ?C UI” ,I*,, Ground Floor Shop with Assoaated Storage on Upper Floor N
NdA to Scale +- Recommendation: Approve Subject to the Following Conditions:-
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 outline permission.
That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (3) below, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- the siting, design and external appearance of all buildings and other structures; the means of access to the site; the layout of the site, including all roads, footways, and parking areas; the details of, and timetable for, the hard and soft landscaping of the site; the design and location of all boundary walls and fences; the provision of drainage works; the disposal of sewage; details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
That as part of the submission under the terms of condition (I),(2) and (3) above a scheme of landscaping and boundary treatment for the site, shall be submitted to, and approved in writing by the Planning Authority, and it shall include: - details of the proposed earth works, hard landscaping, grass seeding and turfing; a scheme of tree and shrub planting for the land to be subject to the earthworks as well as the soft landscaping of the frontages of the site and within the car park, incorporating details of the location, number, variety and size of trees and shrubs to be planted; an indication of all existing trees and hedgerows, and measures for their protection in the course of development. This scheme shall include the retention of the existing peripheral landscaping around the southern boundary of the site.
Reason: To enable the Planning Authority to consider these aspects in detail.
That the reserved matters application required in condition (3) 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 for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage System s.
Reason: To enable the Planning Authority to consider these details and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance. 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. That any remediation works identified by the site investigation required in terms of Condition 5 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a 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 from contamination in the interests of amenity and wellbeing of adjacent residents.
For the avoidance of doubt, notwithstanding the approved plans no permission is hereby given for the building shown on the approved plans.
Reason: To define the permission.
Background Papers:
Application form and plans received 18th June 2007
Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996
Memo from Transportation Section received 28thJune 2007 Memo from Protective Services received 21St August 2007
Letter from Scottish Power received 27th June 2007 Letter from Scottish Water received 2"d July 2007 Letter from Transco received 28thJune 2007
Letter from lsabella And W G Cairns, 19 Meadow Street, Coatbridge, ML5 4DX received 26th June 2007. Letter from A Mallin, 20C Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from E Allen, 22 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from S Robertson, 51 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from M McCafferty, 49 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from J Gray, 20D Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from Owner/Occupier, 20A Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from Owner/Occupier, 41 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from Owner/Occupier, 7 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from P Coleman, 39 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from Owner/Occupier, 37 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from A Doyle, 47 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from F O'Hare, 45 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from Owner/Occupier, 11 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from S Marshall, 9 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from Owner/Occupier, 17 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from Owner/Occupier, 23 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from W Boyle, 15 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from Owner/Occupier, 27 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from Owner/Occupier, 19 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from C McPhee, 31 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DY received 27th June 2007. Letter from Owner/Occupier, 14 Meadow Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DX received 27th June 2007. Letter from B & G Autos, 6 Coathill Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DU received 27th June 2007. Letter from Owner/Occupier, 16 Meadow Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DX received 27th June 2007. Letter from Mr & Mrs Cairns, 19 Meadow Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DX received 27th June 2007. Letter from Owner/Occupier, 8 Meadow Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DX received 27th June 2007. Letter from Owner/Occupier, 10 Meadow Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DX received 27th June 2007. Letter from Owner/Occupier, 4 Meadow Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DX received 27th June 2007. Letter from Owner/Occupier, 1 Arnott Drive, Rosehall, Coatbridge, North Lanarkshire, ML5 4DL received 27th June 2007. Letter from Owner/Occupiers, 3 Arnott Drive, Rosehall, Coatbridge, North Lanarkshire, ML5 4DL received 27th June 2007. Letter from C & D Holmes, 15 Meadow Street, Rosehall, Coatbridge, North Lanarkshire, ML5 4DX received 27th June 2007. Letter from G Stirrat, C/o Westholme Developments Ltd, 16 Hornock Road, Coatbridge, ML5 2QJ received 8th August 2007. Letter from Malcolm & Hutchison, Solicitors on behalf of Mr 7 Mrs P Reilly, 4/6 Coathill Street, Coatbridge, ML5 2QJ received fjthNovember 2007
Any person wishing to inspect these documents should contact lan Johnston at 01236 812382.
Date: 4th December 2007 APPLICATION NO. C/07/01073/OUT
REPORT
1. Description of Site and Proposal
1.1 Outline planning permission is being sought for the erection of a g round floor shop with associated storage on the upper floor at a site located at 4 Coathill Street, Coatbridge. The site was previously occupied by a 2 storey building with ground floor shop with residential on the upper floor but had to be demolished for health and safety reasons.
1.2 Details of the proposed building would be dealt with in the reserved matters application. However, a plan accompanying the submission indicated that the new building will physically be built on a like for like basis with a Class 1 retail unit on the ground floor and associated storage on the upper floor (where previously it was residential). Vehicular access would be taken from Coathill Street to provide access to a shop and a parking area to the rear. It has not been indicated how many parking spaces are available.
1.3 It should be stressed that the indicative plan does not form part of this current submission and is solely for information purposes.
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 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered HG9 Housing Policy for Existing Residential Areas
3. Consultations and Rewesentations
3.1 The Transportation Section has advised that a shop with a ground floor area of 120 square metres would require a minimum of 6 parking spaces. They have also advised that no service parking is available. 3.2 There were 33 letters of representation and the main points of objection can be fairly summarised as follows:-
The applicant states in the application that he is the sole owner of the land. This is not the case and the objector’s is the co-proprietor of the property and accordingly the declaration is false. The applicant states that he has notified the application to the owners of 8 and 10 Coathill Street. The objectors are the proprietors of these properties and they have received no notification at any time. The applicant seeks consent for development without taking account of the objector’s interest in the property and his proposals are not acceptable to the objector. Traffic parking and access problems due to excessive amounts of traffic visiting the shop and from past experience causing residents problems with access to their properties by visiting traffic and vans belonging to the shopkeeper parked on corners reducing visibility to resident‘s cars trying to access Coathill Street from Meadow Street. Noise from visiting traffic and customers to the shop especially at weekends when teenagers congregate outside the shop resulting in anti social behaviour which includes customers of the shop drinking in the streets. (6) Litter from the shop and visitors to the shop collecting on the street and the fact that there are no bins for customers use. Litter is found in residents gardens from shop customers. (7) The fact that the shop will no doubt be an off licensed premises which the area of Whifflet does not need due to the fact that there are already 5 such shops and 6 public houses within the vicinity.
4. Planninn Assessment and Conclusions
4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations. There are no strategic planning issues to address. In this instance the proposals require to be assessed under the terms of policies HG9.
4.2 The application site is located within an area zoned as HG9, where the principle of providing additional housing and other ancillary developments such as corner shops would be acceptable provided there would be no detrimental impact on the amenity of such areas.
4.3 The proposed Class 1 shop unit is considered acceptable in principle as it is relatively small in terms of its floor space and would provide a “corner shop” facility to the immediate area. The proposed shop is considered to be ancillary to the surrounding housing area and is acceptable in principle. In addition to this given that the principle of the proposal has already been established on this site for many years and the design, layout, vehicular access and parking are to be similar as previously there it is considered the principle of a Class 1 retail unit with associated storage is acceptable. 4.4 The proposals are considered to be acceptable under the terms of the design guidance on Housing In-fill Developments. The site can support the development. Servicing from the proposed lay-by arrangements is acceptable to the Transportation Section. The proposed communal amenity space of approximately 80m2 on the roof terrace adds to the additional amenity space available around the building. The proposals would not have any detrimental impact on the amenity of the surrounding properties. There would be no loss of sunlight or privacy following an assessment of SunlighVDaylight Indicators. 4.5 With regards to the terms of objection the following observations can be noted.
The neighbour notification carried out was done so as per statutory requirements. Although the ownership certificate was incorrect initially the applicant has since amended the certificate accordingly and provided proof of delivery for the relevant ownership notification. This was also confirmed by the objector’s agent that they have now received the relevant notification. It is the applicant’s responsibility to ensure that he has the authority to develop the proposal. While the current proposal is only in outline the indicative site layout shows provision for an undetermined level of in curtilage parking to serve any development proposal. There are currently no parking restrictions on the public roads around the application site and the premises previously on site operated for many years as a retail outlet without causing any known significant traffic generation problems. The required levels of parking associated with any known development can best be assessed at a “reserved matters” stage. With regard to the ongoing anti-social behaviour this is not a material planning consideration and cannot be assessed as part of this application. In any case, noise disturbance as a result of ant-social behaviour is a matter to be dealt with by the enforcing authorities, namely the police, not the planning authority. It is accepted that due to the proposal site being in such close proximity to residential properties, there maybe litter generated from a local shop however this is not to a degree that would warrant refusal. (7) The concerns regarding over-provision of shops and public houses or commercial competition do not constitute material planning considerations and cannot therefore be assessed as part of this application.
4.9 Taking all of the above points into consideration it can be concluded that the proposals are acceptable subject to proposed conditions and it is recommended that planning permission be granted subject to conditions. Application No: C/07/0121I/FUL
Date Registered: 11th July 2007
Applicant: National Australia Group 40 St Vincent Place Glasgow G12HL
Agent Honeyman Jack & Robertson 2 Claremont Gardens Glasgow G3 7LW
Development: Installation of Condenser Units to Rear (Retrospective).
Location: 37 Main Street Coatbridge North Lanarkshire ML5 3AN
Ward: 6 Coatbridge North & Glenboig Councillors Clarke, McWiIliams, Shields and Wilson.
Grid Reference: 273171 665135
File Reference: C/PL/CTM/030/037/JC/LR
Site History: 0 C/03/01626/FUL Formation of External Ramp Access 0 C/06/01243/ADV Installation of Two Non-Illuminated Fascia Signs and One Illuminated Projecting Sign 0
Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, including Finalised First Alterations A, B & C September 1996 COM 4 - Secondary (Retail) Core-Areas
Contrary to Development Plan: No
Consultations:
Represen ta t io ns: 2 letters of representation received.
Newspaper Advertisement: Not Required
Recommendation: Approve Planning Application No. C/O7/0121I/FUL
Installation of Condenser Units to Rear (In Retrospect)
N
NotA 10 Scale 4- Background Papers:
Application form and plans received 11 th July 2007 Memo from Protective Services received 8th August 2007 Memo from Protective Services received 3rd October 2007 E-mail from Protective Services received 2!jthOctober 2007 Letter from S Cochrane, 3B Academy Street, Town Centre, Coatbridge, North Lanarkshire, ML5 3AW received 4th September 2007. Letter from H Gilmour, 3A Academy Street, Town Centre, Coatbridge, North Lanarkshire, ML5 3AW received 4th September 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 Julie Crichton at 01236 812378.
Date: 4 December 2007. APPLICATION NO. C10710121 IIFUL
REPORT
1. Description of Site and Proposal
1.I Planning permission is being sought in retrospect for the installation of 6 condenser units to the rear of the Clydesdale Bank. The property is situated within a predominantly commercial area as defined by policy COM 4 (Secondary (Retail) Core Areas and within the Blairhill and Dunbeth conservation area defined by policy ENVI 5/1 (Conservation Area) in the adopted Monkland Local Plan 1991. This building is bounded by Academy Street to the east and the remaining boundaries to the north and west of the property are retail units with some residential accommodation on upper floors. The property is a two storey property with pitched roof with slate coloured tiles.
1.2 The units are only visible from the rear of the property and can only be accessed currently from within the actual bank premises or through a gate on Academy Street which should remain open to comply with fire regulations. The condenser units are visible from bedroom windows within flatted properties to the north on Academy Street. The condenser units are 1.2 metres each in width with a gap between them of 0.215 metres and project 0.680 metres from the wall. The units are protected by boxed wire.
2. Development Plan
2.1 Policy ENVI91 of the adopted Monklands District Local Plan 1991 is of relevance to the determination of this application. Considerable importance should be retaining and enhancing the unique character of the ConservationArea.
3. Consultations and Representations
3.1 The Protective Services Section was consulted and has not objected to the proposal.
3.2 Following the standard neighbour procedure two letters of representation were received from the occupiers of flats to the north of the site and the relevant points of the representation are as follows:
(0 The condenser units would have a detrimental effect on the value of their homes. (ii) The noise and health risks associated with air conditioning units - Dripping water constantly (iii) A form of gas released from the units.
4. Planning Assessment and Conclusions
4.1 In their position at the rear of the buildings, it is considered that the condenser units have no significant detrimental effect on the wider amenity of the conservation area. In particular, they are not visible from public areas. Whilst they are visible from the readside windows of the objectors’ properties, the impact on their amenity is considered limited as such structures are considered common place on rear elevations of commercial properties.
4.2 The concerns of the objectors in terms of health and safety and not planning considerations and therefore cannot be taken into account when assessing the planning application. However, it is noted that the Head of Protective Services has raised no objections on these grounds.
4.3 In conclusion, it is assessed that the visual impact of the units is limited and within acceptable limits and that the heath concerns of objectors are not material considerations. Accordingly, it is recommended that planning permission be granted as submitted. Application No: C/07/0 1624/AM D
Date Registered: 3rd October 2007
Applicant: Mr & Mrs Stephen Young 21 Carrick Drive Coatbridge ML5 IJZ
Development: Non Compliance with Condition 3 of Application No. C/05/00968/FUL (Restricting use of Garage as Separate Residential Unit) to Establish Self-contained Granny Flat
Location: 21 Carrick Drive Drumpellier Coatbridge North Lanarkshire ML5 IJZ
Ward: 6 Coatbridge North And Glenboig Councillors Clarke, McWilliams, Shields and Wilson
Grid Reference: 271706665160
File Reference: C/PL/CTC24800021/SM/LR
Site History: C/05/00968/FUL Erection of 1 1/2 Storey Triple Garage granted permission on the 28'h July 2007.
Development Plan: The application site falls within an area designated as HG9 (Housing Policy for Existing Residential Areas) in the Monklands District Local Plan 1991.
Contrary to Development Plan: No
Consultations: None
Representations: No letters of representation received.
Newspaper Advertisement: Not Required
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 Planning Applicatron No C/07/01624/AMD Non Compliance with Condition 3 of Application No C/05/00968/FUL (Restricting Use of Garage as Separate Residential Unit) to Establish Self Contained Granny Flat N ,<, 21 Carnck Drive, Drumpellier Coatbridge A 4- Not to Scale 2. That the ground floor of the building shall be restricted to garage use incidental to the enjoyment of the existing dwellinghouse at 21 Carrick Drive, shall not be used as a separate dwellinghouse and no commercial activity shall be carried out, in, or from, the garage.
Reason: To define the permission and to protect the residential amenity of the surrounding area.
NOTE(S) TO COMMITTEE:
If granted the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of tying the “granny annex” as an ancillary extension to the original dwellinghouse at 21 Carrick Drive, Coatbridge, preventing its separate sale or lease and restricting its use to that of an immediate family member.
Background Papers:
Application form and plans received 3rd October 2007 Monklands District Local Plan 1991
Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.
Date: 26 November 2007 APPLICATION NO. C1071016241AMD
REPORT
1. Description of Site and ProPOsal
1.I Planning permission is being sought for the non-compliance with condition 3 (restricting use of garage as a separate residential unit) of planning permission C/05/00968/FUL.
1.2 Planning permission C/05/00968/FUL was granted for the erection of a 1 % storey Triple Garage on the 28th of July 2005. The floor area covered by the garage is 128 square metres with a pitched roof height of 6.8 metres. The garage currently has space to accommodate three cars on the ground floor together with WC and bench area. The first floor has a gym, changing area, shower room and relaxation area.
1.3 There was a condition placed on the permission to protect the residential amenity of the surrounding area restricting its use to that incidental to the enjoyment of the existing dwellinghouse, preventing its use as a separate dwellinghouse and preventing commercial use being carried out in the garage.
1.4 The garage building has been completed and this application now seeks permission to allow the upper floor to be used as a separate “granny annex”. No external alterations are proposed.
2. Development Plan
3.1 The application site falls within an area designated as HG9 (Housing Policy for Existing Residential Areas) in the Monklands District Local Plan 1991. There are no strategic implications.
3. Consultations and Representations
3.1 No consultations were required.
3.2 Following standard neighbour notification procedures no objections have been received.
4. Planning Assessment and Conclusions
4.1 Under the Town and Country Planning (Scotland) Act 1997 development proposal requires to be considered under the terms of the development plan and any other material considerations. In this instance the proposals require to be assessed under policy HG9 (Existing Residential Areas) in the Monklands District Local Plan 1991. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing. As noted the site is within an existing residential area and therefore the principle of a granny annex is generally acceptable.
4.2 At the time of submission in 2005 for the 11/2 storey triple garage there was living accommodation in the form of a gym, kitchen/relaxation area, shower room and changing area on the first floor. The application was assessed on the basis that the application was for a garage and recreational space which would be incidental to the enjoyment of the existing residential dwellinghouse.
4.3 The garage and gym building was considered to be an outbuilding incidental to the enjoyment of the existing residential dwellinghouse and as such was assessed against the design guidance for house extensions and garages and found to be acceptable. 4.4 It is clear that by changing the use of the upper floor the granny annex could be classed as a separate self contained residential unit as it will have a living room, bedroom, shower room and kitchen. Despite it being classed as a self contained it will still form part of the same planning unit as the dwellinghouse at 21 Carrick Drive. The ground floor garaging and workspace will continue to be utilised by the main house.
4.5 The dwellinghouse at 21 Carrick Drive retains a large rear garden which the gym windows currently face. There are velux windows to the rear; however, they do not cause any overlooking or privacy issues. The plot will retain adequate car parking provision for the existing dwellinghouse and the proposed granny annex. There are no external alterations to the building proposed.
4.6 As the garage has permission, has been completed and there are no external changes proposed it is considered that to assess the current application against the design guidance for infill housing and open space standards would be unreasonable despite it being capable of being as a separate residential dwelling.
4.7 The applicant is willing to enter into a Legal Agreement (Section 75) with the Council in respect of tying the ‘granny annex; as an ancillary extension to the original dwellinghouse at 21 Carrick Drive, Coatbridge and to restrict its use to that of an immediate family member. Therefore the ‘granny annex’ could not be sold or rented as a separate dwellinghouse.
4.8 Taking the above into account it is considered that the use of the upper floor of the garage as a granny annex is acceptable. It is considered that a Section 75 Agreement requiring the annex to remain ancillary to the existing dwellinghouse, preventing its separate sale or lease and the ground floor to be used only as garages would be sufficient to prevent the granny annex becoming a separate planning unit. It is therefore recommended that planning permission be granted subject to conditions. Application No: C/07/01722/OUT
Date Registered: 24th October 2007
Applicant: James And Rosemary Fraser 2A Lugar Street Coatbridge
Development: Erection of Two Dwellinghouses (In Outline)
Location: 2 Croftfoot Cottages Glenboig Road Marnoch Glenboig North Lanarkshire G69 8EZ
Ward: 6 Coatbridge North & Glenboig Councillors Clarke, McWiIliams, Shields and Wilson
Grid Reference: 271149668583
File Reference: C/PL/GBG525000002/SM/LR
Site History: C/07/01722/OUT Erection of Two Dwellinghouses (In Outline) refused on the 14thFebruary 2007.
Development Plan: The application site is located in an area designated as HG9 (Housing Policy for Existing Residential Areas) in the Monklands District Local Plan 1991.
Contrary to Development Plan: No
Consu Itations: Scottish Water (no objection) British Gas (no objection) Scottish Power (no objection)
Representations:
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.
2. For the avoidance of doubt, no approval is hereby given for the indicative details submitted with the planning application. Planning Application No. C/07/01722/OUT
Erection of Two Dwellinghouses (In Outline) 2 Croftfoot Cottages, Glenboig Road, Marnoch, Glenboig AN diF*z Site Area 0 08HA Not to Scale Reason: To define the permission.
3. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the details of the hard and soft landscaping of the site (9 details of existing trees, shrubs and hedgerows to be retained; (9) details of existing and proposed site levels. (h) dropped kerb details
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 3 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
5. That before the dwellinghouses hereby permitted are occupied 3 car parking spaces shall be provided within the curtilage of the plots and outwith the public road or footway, and thereafter be maintained as parking spaces.
Reason: To ensure the provision of adequate parking facilities within the site and in particular to ensure that the access road and cycle path are kept clear of obstruction.
6. That prior to any works commencing on site details of the design, location and construction of all required upgrading works to the Ducks Walk roadway shall be submitted to, and approved in writing by the Planning Authority including any modifications as may be required. For the avoidance of doubt these works shall generally be in line with those works shown on plan FRAlOl and shall allow for the following: The re-surfacing of the lane from the west most part of the application site to the junction with Glenburn Gardens. For the avoidance of doubt, the carriageway construction in these areas shall be in accordance with the former Strathclyde Regional Council "Guidelines for Development Roads" 1986 (or any other reasonable standard to be agreed in writing). The creation of a vehicle turning area. Adequate Road widening.
Reason: To enable the Planning Authority to consider these aspects.
7. That no other work shall commence on site until the improvement works required to Ducks Walk, under the terms of condition 6 above, have been fully implemented and maintained thereafter to the satisfaction of the Planning Authority.
Reason: To ensure satisfactory vehicular access facilities to the dwellings and in particular to allow for the proper phasing of the works in that the timeous creation of the access improvements is key to the success of the development..
8. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
9. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled ‘Drainage Assessment: A Guide for Scotland’ and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
11. That no part of the development hereby permitted shall exceed 1% storeys or 7 metres in height and the dwellinghouses shall have traditional double pitched roofs.
Reason: To restrict the height of the proposed development in the interest of streetscape continuity and visual amenity.
12. For the avoidance of doubt the reserved matters application as specified in condition 3 above shall not incorporate dormer windows on the rear elevations of the dwellinghouses and shall provided a 2 metre high close board timber fence along the north west boundary of the site.
Reason: To prevent overlooking and protect the residential amenity of the neighbouring properties.
NOTE@) TO COMMITTEE:
If granted the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of providing a driveway for 2 Croftfoot Cottages, Glenboig over which they will have full control.
Background Papers: Application form and plans received 24th October 2007 Monklands District Local Plan 1991 Glasgow and Clyde Valley Structure Plan 2000 Letter from British Gas received 23rd November 2007 Letter from Scottish Power received 2nd November 2007 Letter from Scottish Water received 12'h November 2007
Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.
Date: 4'h December 2007 APPLICATION NO. C/07/01722/0UT
REPORT
1. Description of Site and Proposal
1.1 Planning permission is being sought for the erection of two dwellinghouses (in outline) at 2 Croftfoot Cottages, Marnoch, Glenboig. Although submitted in outline, the layout plan submitted shows the siting of 2 houses, the formation of a new driveway (capable of accommodating 3 cars) for the existing property at 2 Croftfoot Cottages, the access road widened to 5.5 metres to the front of the site, a turning head and in-curtilage parking provision for 3 cars at both proposed dwellinghouses. .
1.2 The application site lies within an existing residential area and currently forms part of the garden ground of 2 Croftfoot Cottages, measuring 34 metres by 24 metres. The site is level and grassed with some shrubs and trees. The rear boundary is defined by a 1.8 metre timber fence with the remaining boundaries approximately 1 metre high and defined by a mix of post and wire and timber fencing. Vehicular access to the plots would be taken from the lane adjoining Glenboig Road, known as Duck Walk.
1.3 Duck Walk is a designated cycleway linking Glenboig to Gartcosh, which has recently been upgraded by NLC. This is an asserted right of way and whilst not confirmed through the courts it does meet the criteria to be classed as a right of way. There are two existing houses accessed from the lane, No.2 and No. 5 Croftfoot Cottages. The lane narrows in width from 7.3 metres wide at its junction with Glenburn Gardens to 4 metres at No. 5 Croftfoot Cottages. The lane dos not form part of the adopted road network.
1.4 A previous outline application for 2 house plots (C/06/01248/0UT) was refused on the 14th of February 2007 due to lack of information and it was considered that suitable vehicular access arrangements could not be provided within the site.
2. Development Plan
2.1 The application site is located in an area designated as HG9 (Housing Policy for Existing Residential Areas) in the Monklands District Local Plan 1991. The Design Guidance on lnfill Housing associated with Policy HG9 is also relevant. There are no strategic issues.
3. Consultations and Representations
3.1 No objections have been received from external statutory consultees.
3.2 Scottish Water do not object to the planning application however they do comment that whilst the Dalmuir Waste Water Treatment works currently has sufficient capacity to service the proposed development there are known issues within the waste water network.
3.3 Transco advised that there is a high pressure pipeline in the vicinity of the site. The proposal has been cleared by the Health and Safety Executive. Should this application be granted an informative shall be placed the permission advising the applicant.
3.4 The Transportation Section was consulted and has recommended refusal. The proposed development would take access from a cycleway linking Glenboig with Gartcosh. The introduction of further vehicular traffic on a cycle track is not acceptable. The applicant would have to provide a road to adoptable standards as well as redirecting the footway as more than two dwellings would be accessed from Glenboig Road. There is no scope to provide a road to adoptable standards whilst incorporating a cycle track (3m wide and segregated) at this location.
4. Planning Assessment and Conclusions
4.1 Under the Town and Country Planning (Scotland) Act 1997 planning applications require to be assessed against the development plan and any other material considerations. In terms of the Monklands District Local Plan 1991 the application site is located within an area designated as HG9 (Existing Residential Areas) which seeks to protect such areas by opposing development that would adversely affect the amenity of the established housing.
4.2 Through the Local Plan the Council seeks to encourage developers to adopt standards of design and layout most beneficial to the surrounding environment and which satisfy road safety requirements. The approved Design Guidance on “Infill Housing” and “Open Space” specifically requires that new developments should have an adequate area for the dwelling and private garden ground, should not adversely affect the character of the area and should have satisfactory vehicle access and parking arrangements.
4.3 Material consideration in this instance has been given to the approved design guidance, associated with policy HG9 (Existing Residential Areas) on ‘Infill Housing’ which provides detailed guidance on locating a dwellinghouse within the curtilage of another. The design guidance identifies 4 key questions when considering the suitability of building a house in the garden ground of an existing house:
(a) Will the site for the new house be of adequate area for the house and private garden ground? (b) Will the new house harm the character or amenity of an established area, particularly in a conservation are or older residential area? (c) Will the Development have adverse effects on the surrounding properties, particularly any original house on the site, by loss of garden, privacy or sunlight? (d) Are the vehicle access and parking arrangements satisfactory?
4.4 As noted above this application is in outline only, however, the applicant has submitted an indicative layout plan showing two plots and proposed access arrangements.
4.5 It is acknowledged that the site in question is located in an HG9 area and therefore the principle of residential infill development is acceptable. It is noted that the layout submitted is only indicative however the applicant has demonstrated that 2 house plots can be achieved on the site with garden ground that reflects that of surrounding properties. It is considered that the existing trees and shrubs within the site could be removed without any significant adverse impact on the amenity of the site or the surrounding area
4.6 The key issue raised by this proposal is means of access. The current lane access serving No.2 and No.5 is substandard. At present both dwellings take access from a single track lane, which links to the cycleway, the lane has no turning facility which means the occupants of both houses cannot enter and exit in a forward gear and neither have in-curtilage parking provision. Effectively these existing properties share the lane like a driveway and with no turning facilities all vehicles have to reverse out onto Glenburn Gardens when exiting. Should the occupant at No.2 park in the lane there is then no way for the other occupant at No.5 to either access or exit their own property without requiring the parked vehicle to be moved.
4.7 As noted above by the Transportation Section the current access is substandard and the applicant, due to the physical constraints of the site, has no way of widening the road to adoptable standards. However, the layout plan submitted shows the formation of a driveway (capable of accommodating 3 cars) for the existing property at 2 Croftfoot Cottages, the road widened to 5.5 metres to the front of the site, a turning head and in-curtilage parking provision for 3 cars at both proposed dwellinghouses.
4.8 It is acknowledged that the applicant, due to the physical and ownership constraints of the site has no way of achieving a road to adoptable standards whilst accommodating a cycle track and the provision of 2 metre wide footways. However, on balance the measures indicated on the layout plan do show that there would be a marked improvement to the current arrangements which are wholly substandard. As there would be an improvement to the access arrangements, albeit not to adoptable standards, it is considered acceptable to grant permission subject to conditions in this case.
4.9 As the provision of a driveway for 2 Croftfoot Cottages is integral to achieving the improved access it is considered necessary for a Section 75 Agreement to be concluded requiring the construction of the new driveway at 2 Croftfoot Cottages (and subsequent transfer of control to the owners of that property) to be undertaken prior to any construction works starting on site.
4.10 Taking the above into account the proposed two dwellinghouses are considered acceptable subject to conditions and to the required Section 75 Agreement. It is therefore recommended that permission be granted subject to the following conditions. Application No: C/07/01756/FUL
Date Registered: 6th November 2007
Applicant: Mr Mario Rea 7 Forrest Street Airdrie ML6 7BA
Agent John Russell Partnership Ltd Anderson House Dundyvan Road Coatbridge ML5 1DB
Developmen t : Single Storey Rear Extension to Dwellinghouse
Location: 7 Forrest Street Clarkston Airdrie North Lanarkshire ML6 7BA
Ward: 7 Airdrie North Councillors Cameron, Coyle, McGuigan and Morgan. Grid Reference: 277389665584
File Reference: C/PL/AIF714007000/WS/LR
Site History: 0 C/98/00694/FUL Erection of Dwellinghouse 0 C/98/00758/CON Demolition of Dwellinghouse and Outbuildings (Conservation Area Consent) 0 C/99/00475/AMD Amendment To Location And Width Of Garage 0 C/OO/OO149/FUL Erection Of Boundary Wall (In Retrospect) 0 C/00/00150/CON Demolition Of Stone Boundary Wall (In Retrospect) 0 C/O4/01210/TPO Felling of No. 3 Trees
Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996
Contrary to Development Plan: No
Consultations:
Representations: 1 letter of representation
Newspaper Advertisement: Advertised on 14th November 2007 Planning Application No. C/07/01765/FUL
Single Storey Rear Extension to Dwellinghouse
7 Forrest Street, Clarkston, Airdrie N Representation * Not to Scale 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.
Background Papers:
Application form and plans received 29th October 2007 Letter from R.G. Donald, 6b Grahamshill Street, Airdrie, ML6 7EN received. Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B 8, C September 1996
Any person wishing to inspect these documents should contact Mr William Shand at 01236 812231.
Date: 4 December 2007 APPLICATION NO. C/07/01756/FUL
REPORT
1. Description of Site and Proposal
1.1 Planning permission is sought for the construction of a single storey rear extension to a dwellinghouse at 7 Forrest Street, Airdrie. The property is a detached dwellinghouse situated in a predominantly residential area within the Drumgelloch Conservation Area. The dwellinghouse is located within a large curtilage and is bound by Forrest Street to the south, a large detached dwellinghouse used as a nursery to the west, 3 detached dwellinghouses to the North West, north and north east and a block of flats to the east. The dwellinghouse is set back from the road by 35 metres and is greatly secluded from Forrest Street and the neighbouring properties to the west and north by trees and fencing. The properties to the east are on a higher level than the applicant's dwellinghouse and thereby have the potential to overlook the garden of 7 Forrest Street. There is a 2.5 metre level difference between 7 Forrest Street and 6b Grahamshill Street and the block of flats to the east. On the boundary of this higher level there is also a 2 metre high wall giving an overall screening between 7 Forrest Street and the buildings to the north and east of approximately 4.5 metres. The dwellinghouse is a relatively new build, but is designed in a traditional style.
1.2 The applicant proposes to construct a single storey extension to the rear (north) of the dwellinghouse with the intention of using it as a games room. The extension would have a link corridor running from the dwellinghouse to the extension with an approximate length of 4 metres on the western wall and 10 metres on the eastern wall. The games room would be approximately 9 metres in length and 7 metres in width. The corridor would have a series of tall windows facing west and the games room would have patio doors leading to the garden which would also face west. The games room would have a height of approximately 5.7 metres and would have a pitched roof with 6 roof windows. 3 of these windows would face east and 3 would face west. The applicant has stated that the materials that are to be used would match the existing dwellinghouse.
2. Development Plan
2.1 The relevant development plan is the approved Glasgow and Clyde Valley Joint Structure Plan 2000 and the Adopted Monklands District Local Plan 1991.
2.2 The dwellinghouse is located within an area covered by the HG9 and ENVl5/ 2 policies of the Adopted Monklands Local Plan. ENVl5/2 indicates that the dwellinghouse is situated in the Drumgelloch Conservation Area which signifies the need for greater attention to the impacts on the visual amenity of the area from the proposed development. Part (c) of the HG9 policy (Housing Policy for Existing Residential Areas) states that house extensions will generally be permitted so long as they comply with Development Control Advice outlined by the Planning Authority.
2.3 The Monklands District Council design guidance 'house extensions' is also relevant here. It states that extensions should not affect the amenity of the area and therefore should be similar in use of materials, scale and design of the original house. The roofing material should also match as much as possible the existing roof.
2.4 The Monklands District Council design guidance 'Conservation' is also relevant here. This also states that in the interests of amenity the materials used should match the existing dwellinghouse. 3. Consultations and Representations
3.1 Following the standard neighbour notification procedure 1 letter of representation was received. The terms of objection can be summarised as follows:
(a) The extension will cause a significant overshadowing effect on the objector’s garden.
(b) With the extension being fitted with a bar there may be a noise impact from users.
(c) The roof windows on the east elevation look directly at the two west facing bedroom windows of their dwellinghouse.
(d) The length of the extension is not in keeping with the rest of the house.
(e) The peak of the roof will be seen by the neighbours and will have a visual impact on the a rea.
(f) The extension is not in keeping with the conservation area.
4. Planninn Assessment and Conclusions
4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.
4.2 It is considered that the proposed extension would not adversely affect the residential amenity of the area or the conservation area. The unusual footprint of the extension is in keeping with the design of the rest of the dwellinghouse which also has an unusually shaped footprint. The existing dwellinghouse is already large in scale and therefore the proposed extension, although also large in scale, would not dominate the existing dwellinghouse or look out of place. As the applicant intends to use materials that would match the existing dwellinghouse the visual amenity of the conservation area would not be affected. Due to the surrounding properties being on varying levels and the curtilage of the property being well screened there would be no privacy or sunlight/ daylight impacts from this development.
4.3 In relation to the grounds of objection, the following comments can be noted:
(a) Through the use of a sunlight/ daylight test it has been proved that there will be no overshadowing effect on the garden of 6b Grahamshill Street. Due to 6b Grahamshill Street being on a much higher level than 7 Forrest Street and there being a 2 metre high wall in place at this level the shadow cast by the extension will fall onto the boundary wall of 7 Forrest Street.
(b) Although the drawings indicate that a bar will be created in the extension, unless this is to be used for the sale of alcohol then there are no regulations in place to control such activities. The applicant has stated on their application form that the extension will not be used for the sale of alcohol and thereby the bar will be incidental to the enjoyment of the dwellinghouse and cannot be controlled through Planning Legislation. The noise created from such activities would not be controlled through planning legislation as the residents are entitled to use their garden, extension or dwellinghouse for these purposes. Only in the event of the noise being a statutory nuisance would there be any involvement of the regulatory authorities.
(c) The roof windows proposed on the eastern roof slope will look in the direction of the dwellinghouse at 6b Grahamshill Street. Through the use of a scale drawing showing the varying levels it was found that the angle of the roof windows would not cause any privacy implications for the neighbours. The roof windows are angled in such a way that the sightline of the roof window from ground floor level will point skyward above the dwellinghouse at 6b Grahamshill Street. Therefore there will be no privacy implications from these windows or the extension.
(d) It is accepted that the scale of the extension is large however it should be noted that the existing dwellinghouse is also large in scale. Therefore the addition of the extension will not adversely affect the adjoining dwellinghouse. Furthermore the dwellinghouse is already unusual in design and the addition of an unusually shaped extension would only work to enhance the design of the dwellinghouse.
(e) It is accepted that the peak of the extension will be visible above the boundary wall to the east however this will have no adverse impact on the neighbouring properties to the east. The applicant's dwellinghouse is already visible to the neighbouring properties to the east due to their elevated position and thereby the peak of the extension roof also being visible would have minimal impact. As the applicant intends to use materials that will match the existing dwellinghouse that being slate or slate replica roofing tiles, the roof of the extension would have a traditional look and therefore would have no adverse visual impacts on the area.
(9 Although the extension will be large in scale it would not adversely affect the amenity of the conservation area. The applicant's dwellinghouse comprises of materials which are traditional in texture and appearance and therefore enhance the conservation area. The applicant's dwellinghouse is also large in scale which is also in keeping with many of the surrounding detached dwellinghouses. The proposed extension will only match the dwellinghouse in scale and use of materials and thereby will not have an adverse impact on the conservation area. Furthermore the screening accorded to the dwellinghouse and the proposed extension through the existing boundary treatment should be adequate to reduce any possible impacts on the conservation area.
4.4 In conclusion, having regard to the foregoing, the proposal is considered to be acceptable in conjunction with the policies set out in the Development Plan. The extensions scale, design and visual appearance would not adversely affect the amenity of the Conservation Area that it is found. There would by no privacy or sunlight/ daylight implications from this development. It is therefore recommended that the application be granted subject to the recommended condition. Application No: S/06/01997/FUL
Date Registered: 30th November 2006
Applicant: Persimmon Homesmrader Publishing Ltd 77 Bothwell Road Hamilton ML3 ODW
Development: Erection of 27 Flatted Dwellings
Location: 14 Dalzell Drive Motherwell North Lanarkshire MLI 2DA
Ward: 18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine
Grid Reference: 276077655841
File Reference: S/PL/B/l 2/2/PW/MM
Site History: Site of now demolished office complex S/01/00891~POFelling of Trees approved 22 August 2001 S/99/00859/TPO Lopping and Felling of Trees approved 2 August 1999
Development Plan: The site is zoned within an Area Primarily for Business Use in the Motherwell and Wishaw Development Plan 1953
The site is also zoned as a Commercial Area, Policy RTL 6 in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)
Contrary to Development Plan: Yes
Consultations: Scottish Natural Heritage (No Objections) Scottish Water (No Objections) British Gas (No Objections) Scottish Power (No Objections) Strathclyde Police (No Objections) British Telecom (No Objections) SEPA (No objections)
Representations: No letters of representation received
Newspaper Advertisement: Advertised on 14th December 2006 i
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Produced by North Lanarkshire Council Planning and Ewironinenl Dept Fleming HOUEB,2 Tryst Road Cumbermuid G67 1JW te a1238616210 tax 01236 618232 Planning Application No S / 01997 I FUL Thlsmaoars.roducsd~omO~nlncsSunrev I06 mtemwth the permis~nd Ordnance Survey M bhdiof the Conbdier d Her Maps$/$ Of 27 Flatted StaUoncry Mtice OCimCopyrylht UniluthonLed (epmdustlon inhinges Crown mpynghtand may 18.16 to piobnuiion or CWIIpimesdmgs 14 Dalzell Drive, Mothewell, ML1 2DA NMh Lanarlirhlts COunni 1oW23398 2W4 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 the facing materials to be used on all external walls and roofs including 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. For the avoidance of doubt, this shall include a wall and railings along the frontage of the site marked blue on the approved plans.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That BEFORE the flatted dwellings hereby approved are occupied, the fences and walls as approved under condition 3 above, shall be erected.
Reason: To ensure that the boundaries of the site are adequately treated in the interests of residential amenity.
5. That all works included in the scheme of landscaping and planting hereby approved as illustrated on drawing G1023 PI2 dated November 2007 shall be completed in accordance with the approved schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure that all landscaping and planting works are carried out satisfactorily.
6. That notwithstanding the terms of condition 5 above, the above landscaping and planting plan shall be carried out with the following amendments:-
i) The 9 proposed Tilia ‘Greenspire’ shall be increased to 10 by substituting an additional specimen to replace the proposed 1No Pyrus Calleryanna ‘Chanticleer’ at the northern boundary of the site. ii) That the size of these trees be increased to semi- mature 25/30 cms girth at 1.0m above ground level and iii) The existing trees marked for retention, as shown on the approved plans, shall be correctly protected during site/construction operations by adequate fencing along the drip line of the trees in accordance with BS 5837 code of practise for on site tree protection, and shall not be removed without the approval in writing of the Planning Authority.
Reason: To ensure that the trees identified for retention are adequately protected during the construction process.
7. 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 flatted blocks and parking area; (c) the proposed grassed, planted and landscaped areas agreed under the terms of conditions 5 and 6 above; (d) the proposed fences and walls to be erected as agreed under the terms of condition 3, (e) the proposed SUDS drainage scheme outlined in conditions 14, 15 and 16
Reason: To enable the Planning Authority to consider these aspects in detail.
8. That before the occupation of the last flatted dwelling 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 conditions 5 and 6 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 occupation of the last dwelling/flat within 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.
9. That before the occupation of the first flatted dwelling within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 7 shall be in operation.
Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.
10. That before the occupation of the first flatted dwelling within the development hereby permitted, all the access, 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 access, parking and manoeuvring areas.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
11. That no flatted dwelling within the development site shall be occupied until the access improvements, including the visibility splay of 2.5 metres x 60 metres, shown on the approved plans are completed to the satisfaction of the Planning Authority.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
12. That before the development hereby permitted starts, full existing and proposed cross sections and site levels shall be submitted to, and approved in writing by the Planning Authority. Thereafter the development shall be constructed in accordance with the plans approved under the terms of this condition unless otherwise agreed in writing beforehand by the Planning Authority.
Reason: In the interests of amenity and the proper planning of this area by ensuring that ground levels are appropriate for the site and the general area.
13. That the recommendations identified in the Stage 2 site investigation report prepared by Terrenus Consulting dated 13'h February 2007 shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the flatted dwellings hereby approved. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that these works have been carried out in accordance with the terms of the above report.
Reason: To ensure that the site is free of contamination in the interests of the amenity of future residents.
14. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
15. That the SUDS compliant surface water drainage scheme approved in terms of Condition 14 shall be implemented contemporaneouslywith the development in so far as is reasonably practical and shall be completed before the last flat within the development hereby permitted is occupied. Within three months of the construction of the SUDS compliant scheme, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
16. That notwithstanding conditions 14 and 15 above, and before the start of development on site. The applicant shall provide written confirmation:
a) From Scottish Water that the appropriate wastewater treatment works has the capacity to satisfactorily process waste from the site and that approval has been given for a connection to their infrastructure. b) From SEPA that they will accept untreated surface water into the watercourse.
Reason: To ensure satisfactory wastewater drainage from the site.
17. That before the development hereby permitted starts, full details of the proposed bin stores for the flatted dwellings 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 first flatted property within the development hereby permitted, the bin stores approved under the terms of condition 17 above shall be built to the satisfaction of the Planning Authority.
Reason: To ensure the provision of adequate bin storage facilities.
19. That before the development hereby permitted starts, details of the proposed site construction compound including the means of site access during construction works shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to assess these aspects in the interests of residential amenity and road safety.
20. That before the development hereby permitted starts, details of the proposed sales office and associated parking shall be submitted to and approved in writing by the Planning Authority. Reason: To enable the Planning Authority to assess these aspects in the interests of residential amenity and road safety.
Background Papers:
Application form and plans received 30th November 2006
Flood Risk Assessment produced by Terrenus dated 21" February 2007 Noise Assessment produced by RMP Consultants dated gth July 2007 Stage 1 and 2 Site Investigationsproduced by Terrenus dated lothFebruary 2006 and 13'h of February 2007 respectively Protective Species Survey produced by JDC Ecology dated January 2007
Memo from Local Plans Section received 30thMarch 2007 Memos from Geotechnical Team Leader received 21'' December 2006 and 2!jthApril 2007 Memos from Head of Protective Services received 27'h December 2006, 30thMarch 2007, 1lth June 2007 and 20th November 2007 Memos from Conservation and Greening Manager received 5'h February and 8'h March 2007 Memos from Landscape Services Manager received 1" February and lgthNovember 2007 Letters from Scottish Natural Heritage received 22ndDecember 2006 and 27'h February 2007 Letters from Scottish Water received 15'h December 2006 and 3rdMay 2007 Letter from Scottish Gas Networks received 13'h December 2006 Letter from Scottish Power received 14'h December 2006 Letter from British Telecom received 14'h December 2006 Letter from Strathclyde Police received 18'h December 2006 Letter from Scottish Environment Protection Agency received 1gth March 2007
Glasgow and Clyde Valley Structure Plan 2000 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)
Any person wishing to inspect these documents should contact Mr Paul Williams at 01698 302091.
Date: 22"' November 2007 APPLICATION NO. S/06/01997/FUL
REPORT
1. Description of Site and Proposal
1.1 Planning Permission is sought for the erection of a 3-storey block of 27 flatted dwellings on the site of the former ‘Autotrader’ offices, now demolished, at 14 Dalzell Drive, Motherwell. The site is bounded by trees to the north which form part of the curtilage of Knowetop Primary School, Dalzell Drive to the east and to the south and west respectively, a vehicular and pedestrian access to the south stand and training pitch at Fir Park football stadium. The site is relatively flat and square and covers an area of approximately 3025 square metres. The majority of the site has been cleared as a result of the demolition of the offices with the exception of trees along the southern and western boundaries of the site. Some of the trees on the southern and western boundaries of the site form part of a Tree Preservation Order.
2.2 The applicant proposes to use the existing access point to the north of the site onto Dalzell Drive for both vehicular and pedestrian purposes. The originally proposed scheme was for two blocks of flats one directly fronting onto Dalzell Drive and the other to the rear of the site. An amended scheme has been submitted as a result of negotiation which proposes one traditionally styled u-shaped three-storey block to the rear of the site with a carparking area to the front and extensive tree planting along the boundary with Dalzell Drive. The proposed flatted block is traditionally styled with pitched and hipped roofs, vertically emphasised fenestration and traditional finishing materials in order to take cogniscence of the Grade A Listed Dalzell House at the end of the Drive.
2. Development Plan
2.1 The site is zoned within an Area Primarily for Business Use in the Motherwell and Wishaw Development Plan 1953. It is zoned as a commercial, Policy RTL 6 in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). As such, the application was advertised in the Motherwell Times of 14.12.06 as being contrary to these zonings/policies.
3. Consultations and Representations
3.1 Scottish Natural Heritage advised that a batlprotective species survey should be carried out due to the presence of trees on site and subsequently expressed no objections to the survey as submitted as there was no evidence of bats or other protected species on the site. S.N.H. also recommends that any shrub and tree removal takes place outwith the bird-breeding season, which is April to August inclusive.
3.2 Scottish Water does not object to the proposal although requires to assess the impact of the development on existing infrastructure. Scottish Water has also stated that the Daer Water Treatment Works currently has sufficient capacity to service the proposed development and that there are no known constraint issues within the Water Network that serves the proposed development. In terms of waste water treatment, Scottish Water has confirmed that there is currently sufficient capacity at the Daldowie treatment works and that there are known constraint issues within the waste water network. In view of this, it will be necessary for the developer to demonstrate that the proposal will not detrimentally impact on the network. Scottish Water has subsequently confirmed agreement to connection to the sewer subject to the relevant infrastructurecharges.
3.3 The Scottish Environment Protection Agency has expressed no objection to the proposal provided that Scottish Water agree to both foul and surface water sewer connection and that the principles of Sustainable Urban Drainage Systems (SUDS) are adopted.
3.4 Strathclyde Police has commented that it is generally supportive of the proposed development as it will create additional surveillance within the area thus reducing potential criminal activity within the vicinity.
3.5 No objections have been received from Scottish Gas Networks, Scottish Power and British Telecom.
3.6 The Geotechnical Team Leader has made general comments on the site in terms of stability, possible mine entries and flood risk and has expressed no objections to the findings of the site investigations and flood risk assessment. Protective Services has also been consulted on these matters. To this end, Stage 1 and Stage 2 site investigations have been submitted, which show that the site is stable and with no mine entries. The Head of Protective Services has expressed no objections to the findings of these surveys. Additionally, because of the proximity of the site to the football stadium, a noise survey carried out in accordance with BS 8233 has also been carried out which concludes that noise will be within acceptable limits. The Head of Protective Services has confirmed that the findings of the noise report are acceptable.
3.7 The Conservation and Greening Manager has concurred with the findings of the Protected Species Survey but has expressed concern about the loss of some trees which are part of the Tree Preservation Order. The Landscape Services Manager originally expressed concern that the original proposal which included a block of flats at the front did not allow enough room for replacement tree planting along the frontage of the site. However, the Landscape Services Manager has expressed no objections to the proposal as amended, as it allows for the meaningful reinstatement of the tree avenue frontage along Dalzell Drive. Additionally, he considers the loss of trees to the south and west of the site to be not as onerous as first thought as some trees have been identified for retention and appropriate replacement planting has also been identified at these locations as part of the landscape and planting plan.
3.8 The Transportation Team Leader has expressed no objections to the proposal in terms of parking and access provided that a visibility splay of 2.5 metres by 60 metres is formed at the access. This has been incorporated into the amended layout plan.
3.9 No objections or representations have been received as a result of the neighbour notification process or as a result of the advertisement placed in the Motherwell Times.
4. Planning Assessment and Conclusions
4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning applications must be assessed in accordance with the development plan and any relevant material considerations.
4.2 As the proposal raises no strategic issues and due to the outdated nature of the Burgh of Motherwell Development Plan, the application must be assessed in terms of the relevant policies within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).
4.3 Firstly, the site is zoned within RTL 6, as an existing commercial site, which reflected the previous office use of the site. The policy supports commercial activity on the site. However, it is considered that this zoning merely reflected what was an existing use on the site and that a commercial use on the site would not now be considered appropriate at this location. Dalzell Drive is part of the original tree lined avenue leading to the grade 'A' Listed Dalzell House and is therefore considered to be visually sensitive in this context. The original office development on this site cleared all trees from the frontage of this site. 4.4 The principle of residential development on the site is considered acceptable as the site lies adjacent to a predominantly residential area to the east and southeast. It is therefore considered that this proposal should be assessed against HSG 1, Housing Strategy, HSG 10, Assessing Applications for Housing Development, ENV 10, Tree and Woodland Management and TR 13, Assessing the Transport Implications of Development.
4.5 Policy HSG 1 states that the Council will seek to direct new residential development to brownfield sites. It is therefore considered that the proposal broadly complies with the aims of this policy. Policy HSG 10 assesses housing proposals, amongst other things, against the impact of the proposal on the built and natural environment, treatment of contamination,flood risk and all matters relating to design and amenity. In terms of impact on the natural environment, it is noted that the proposal will result in the loss of existing trees, however, it is considered that the proposed replacement trees and especially the opportunity to reinstate the tree lined avenue to the front along with selective tree retention and replacement within the site, will on balance, result in a satisfactory outcome in this respect. This is the view taken by the Landscape Services Manager subject to certain detailed conditions relating to the landscape and planting plan, which can be imposed by the relevant planning conditions. It is for this reason that the proposal is also considered to be broadly compliant with the aims of policy ENV 10, which promotes the protection and enhancement of woodland areas. As the flood risk has been assessed to a satisfactory conclusion and there are no contaminants on site, these criteria are also satisfied. In terms of design, the revised scheme of one u-shaped three-storey block to the rear of the site is considered to be acceptable in terms siting, scalelheight and massing. Furthermore, the traditional styling of the block as well as traditional finishing materials are also considered to be appropriate. Also by setting the building back from the Drive it provides adequate separation from existing dwellings to the east of the site.
4.6 In terms of vehicular access and parking provision, the proposal is considered to be satisfactory and, as such, complies with policy TR 13 as well as HSG 10 in this respect. Furthermore, in terms of noise from Fir Park stadium, a report has concluded that this will be within acceptable limits in terms of noise levels and it will also be sporadic in nature being only once every week or fortnight and only for a two hour period.
4.7 Whilst this is recognised that the proposal involves the loss of protected trees on the southern and western boundaries of the site, a protected species survey concluded that there are no protected species within the site, as such the trees in question are of limited ecological merit. Furthermore, the revised scheme, presents an opportunity for the original tree lined avenue to Dalzell House to be reinstated at this point and also for selective tree retention and replacement along the southern and western boundaries of the site.
4.8 In terms of site drainage, it appears that the site will be connected to the main sewer in terms of surface as well as foul drainage. However, it is important that the principles of Sustainable Urban Drainage are adhered to, and this can be controlled by the use of the appropriate conditions.
4.9 It is therefore concluded that the proposal is in accordance with the appropriate local plan policies and that it will serve to enhance the visual quality of this sensitive location. It is therefore recommended that this application is approved subject to the application of the appropriate conditions. Application No: S/07/01431/REM
Date Registered: 20th August 2007
Applicant: North Lanarkshire Council Learning And Leisure Services Buchanan Business Park Stepps Glasgow G33 6HR
Agent Hok Sport Architecture 18 Blades Court Deodar Road London SW15 2NU
Development: Erection of Regional Sports Facility for a Multi Functional Use, which includes a Full Size Indoor Football Pitch, Running Track, Sports Hall, All Weather Outdoor Sports Pitches and Ancillary Uses
Location: Ravenscraig Regional Sports Facility New Craig Road Motherwell North Lanarkshire
Ward: 18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine
Grid Reference: 277006657277
File Reference: S/PL/BF/5/5/SM/M M
Site History: S/07/01660/AMD -Variation to planning conditions 27, 29, 35 & 45 of planning permission S/O1/00758/OUT relating to the requirement for public transport facilities/services and road/junction improvements to the local road network approved 16th November 2007.
S/O1/00758/OUT -An application for a mixed use development comprising residential areas, primary schools/community uses, business and employment uses, open space, a new town centre including retail, leisure, housing, hotel and associated transport infrastructure, approved 11th May 2005.
Development Plan: The site is largely unzoned in the Burgh of Motherwell and Wishaw Development Plan 1953.
The site is zoned in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) as Ravenscraig Regeneration Area.
Contrary to Development Plan: No Produced by NOlth Lanarkshire Council Planning and Environment Dept ERECTION OF REGIONAL SPORTS FACILITY FOR A MULTI - Fieming House, ~%~~%~~~~$&'k%~M 2 Tryst Road FUNCTIONAL USE, INCLUDING FULL-SIZE INDOOR FOOTBALL ~b~~~~~c~~~~,~~g'2w4 Cumbemauld, PITCH, RUNNING TRACK, SPORTS HALL, ALL WEATHER 0671JW OUTDOOR SPORTS PITCHES AND ANCILLARY USES I LI RAVENSCRAIG REGIONAL SPORTS FACILITY, NEW CRAIG ROAD, MOTHERWELL. tel 01256616210 fax 01236 616232 * Representation Site area = 8.12 ha. Consultations: Scottish Natural Heritage (Comments) Architecture & Design Scotland (No comments) Scottish Environment Protection Agency (Comments) Scottish Water (No objections) British Gas (No comments) Scottish Power (No comments) SportScotland (No objections) Strathclyde Police (Comments) Strathclyde Fire Brigade (Southern) (No comments)
Representations: 1 letter of representation received
Newspaper Advertisement: Advertised on 30th August 2007
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started not later that 1 1th May 2010.
Reason: To accord with the outline permission.
2. That prior to the commencement of works on site, unless otherwise agreed in writing by the Planning Authority, a further detailed site investigation report based on the Stage 1 Report by Terrenus (July 2007) and the Stage 2 Report by Terrenus (October 2007),shall be submitted to and approved in writing by the Planning Authority. Thereafter, any remediation works identified in the report shall be undertaken and a final validation report shall be submitted to the Planning Authority in respect of the application site.
Reason: These details require to be submitted.
3. That prior to the commencement of any works on site, unless otherwise agreed in writing by the Planning Authority, full details of the proposed drainage scheme shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled Drainage Assessment: A Guide for Scotland and any other advice subsequently published by the Scottish Environmental Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP).
The post development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater that the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall be provided even when discharge is proposed to the public sewers notwithstanding any conditions imposed by Scottish Water.
Reason: To ensure that the drainage scheme complies with the best SUDS practice to protect watercourses and groundwater and meets the terms of Scottish Planning Policy SPP7 - Planning and Flooding.
4. That the SUDS compliant drainage scheme approved in terms of condition 3 above shall be implemented contemporaneouslywith the development in so far as is reasonably practical.
Reason: To ensure that there is satisfactory drainage and water provision.
5. That the development shall not commence, unless otherwise agreed in writing by the Planning Authority, until evidence is exhibited to the Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of a drainage and/or water scheme to serve the development.
Reason: To ensure that there is satisfactory drainage and water provision.
6. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a Construction Management Strategy shall be submitted to and approved in writing by the Planning Authority. The strategy shall include measures to reduce the impact on local ecology, measures to suppress noise, vibration and dust, measures to safeguard against pollution and measures to safeguard against mud on the road.
Reason: In the interests of public health, safety and wellbeing, nature conservation and road safety.
7. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a noise assessment report based on BS 4142 and an air quality impact assessment requires to be submitted to and approved in writing by the Planning Authority. Thereafter any remedial measures required in the development shall be incorporated into the proposals.
Reason: In order to safeguard amenity.
8. That prior to the commencement of works on site, unless otherwise agreed in writing by the Planning Authority, details and heights of all external lights used within the application site shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details.
Reason: In the interests of amenity.
9. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and plant species, plus details of those to be retained, including the proposals for the existing landscape bund to the western side of the site and measures for their protection in the course of development. For the avoidance of doubt, the approved tree protection works shall be implemented before any works commence on site, unless otherwise agreed with the Planning Authority; (d) details of the maintenance of these works.
Reason: To enable the Planning Authority to consider these aspects in detail.
10. That the scheme of landscaping for the areas identified in condition 9 above, shall be implemented prior to the occupation of the buildings hereby permitted. Any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of amenity.
11. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a management and maintenance scheme for the landscaped areas identified in condition 9 above, shall be submitted to and approved in writing by the Planning Authority and thereafter shall form the basis for managing these landscaped areas of the site.
Reason: To ensure the long term maintenance of the site, in the interests of amenity.
12. That before the completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 11 above shall be in operation.
Reason: In the interests of amenity
13. That before the development hereby permitted starts, a scheme for the provision of the equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority and shall include:- (a) (a)details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) (b)details of the surface treatment of the play area including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area; (d) details of the phasing of these works.
Reason: To ensure that they play facilities within the activity area are appropriate.
14. That prior to the commencement of any works on site, unless otherwise agreed in writing by the Planning Authority, a breeding bird survey shall be undertaken with the report being submitted to, and approved in writing by the Planning Authority and Scottish Natural Heritage.
Reason: In the interests of nature conservation.
15. That prior to the development hereby permitted being occupied or brought into use, a Unit Green Travel Plan requires to be submitted to and approved in writing by the Planning Authority. The developer shall adhere to the terms of the Ravenscraig Green Travel Plan approved to comply with conditions of the outline planning permission S/01/00758/OUT for the site, compliance with which is secured by a Section 75 agreement, which applies to the application site.
Reason: To accord with the requirements of the outline planning consent and Scottish Planning Policy SPPl7 - Transport and Planning.
16. That prior to the commencement of any works on site, unless otherwise agreed in writing by the Planning Authority, details of the pedestrian, cycle and bus provision into and within the site, shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of road and pedestrian safety.
17. That prior to the commencement of any works on the site, unless otherwise agreed in writing by the Planning Authority, details and the location of the proposed cycle parking shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details.
Reason: To ensure adequate cycle provision at the site.
18. That prior to the development hereby permitted being occupied or brought into use, a Parking Management Plan requires to be submitted to and approved in writing by the Planning Authority.
Reason: To accord with the requirements of the outline planning consent.
19. For the avoidance of doubt, a planning application will require to be submitted and approved in writing by the Planning Authority, which provides details of the proposed access road(s) to the Regional Sports Facility site from the existing Ravenscraig Spine Road. Thereafter, the approved access road(s) shall be completed to the satisfaction of the Local Authority as Planning Authority and Roads Authority, prior to the commencement of operations at the proposed Regional Sport Facility.
Reason: That these details require to be submitted to ensure that the necessary roads infrastructure is in place to serve the development.
20. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, full details of all of the external finishing materials shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details.
Reason: In the interests of amenity by ensuring that the external materials are appropriate for the site and general area.
21. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, elevations and floor plans of the proposed energy centre/outdoor store requires to be submitted to and approved in writing by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details.
Reason: These details require to be submitted.
22. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a plan detailing levels on the site along with sections through the site which show the relationship between the Ravenscraig Spine Road, the landscaped embankment, the proposed regional sports facility building and the parking area, shall be submitted to and approved in writing by the Planning Authority.
Reason: These details require to be submitted.
23. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, details of the sedium green roof proposed for the building, the front entrance canopy and the biomass boiler including fuel delivery supply details, shall be submitted to and approved in writing by the Planning Authority.
Reason: These details require to be submitted.
24. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, bin store details including the location of the bin store shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of visual amenity of the site.
25. That prior to the commencement of works on site, unless otherwise agreed in writing by the Planning Authority, 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. Thereafter the development shall proceed in accordance with the approved details.
Reason: To ensure that the materials and location of the boundary treatment are appropriate for the site and general area. Bac kgro u nd Pa pets :
Application form and plans received 17'h August 2007
Memo from Transportation Manager received 12'h October 2007 Memo from Protective Services received 1" October 2007 Memo from Play Services Manager received 1'' November 2007 Memo from Conservation & Greening Manager received 18'h September 2007 Letter from Scottish Environment Protection Agency received 23" November 2007 Letter from SportScotland received 5" September 2007 Letter from Scottish Natural Heritage received 4'h October 2007 Letter from Scottish Water received 1lth September 2007 Letter from Scottish Power received 17'h October 2007 Letter from Strathclyde Police Architectural Liaison Officer received 3" October 2007 Letter from William Stewart, 68 Motherwell Road, Carfin, Motherwell, MLI 4EA received 4'h September 2007.
Glasgow and Clyde Valley Structure Plan 2000 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Burgh of Motherwell and Wishaw Development Plan 1953
Any person wishing to inspect these documents should contact Ms Sharon Marklow at 01698 3021 15.
Date: 23 November 2007 APPLICATION NO. S/07/01431/REM
REPORT
1. Description of Site and Proposal
1.I The application site is located to the centre of the Ravenscraig site and is approximately 8 hectares in size. There are no buildings or structures present on the land, it is relatively flat and open with a landscaped embankment to the western side. Since the demolition and clearance of the steelworks there has been gradual colonisation by vegetation and now natural grassland covers a large area of the site. To the north and south western corner of the site are two roundabouts connected by the existing spine road which bounds the western side. The area to the east is currently being used as a contractor’s site compound and an area for the deposition of materials for use in future phases of the Ravenscraig development. To the north east is the Ravenscraig Gorge and the South Calder Water. To the south is the location for the proposed Ravenscraig Town Centre.
1.2 The application seeks approval of reserved matters for a Regional Sports Facility with ancillary functions and uses. The development is to primarily provide a recreational facility which will include; A full size indoor football hall with fixed seating for spectators, 0 An indoor athletics area with a six lane track, a throw area for javelin and shot put, a long-jump, triple jump and high jump area and a pole vault area, 0 9 court sports hall with retractable seating, 0 Conditioning gym, Sports injury clinic, 0 Dance studios, A full size outdoor floodlit synthetic grass pitch, 0 Six floodlit synthetic grass 5-a-side courts, 0 Children’s play area.
1.3 The facility is also to have a multi-functional use where there is an opportunity for the building to offer community and cultural events such as concerts, exhibitions and promotional activities linked to the future town centre. Also proposed are class rooms and staff areas which are to be used by Motherwell College’s Sports Studies Unit providing activity/educationalspace for their sports curriculum.
1.4 The development is part of SportScotland and the Scottish Government’s National and Regional Sports Facilities Strategy to be funded by North Lanarkshire Council, SportScotland and Ravenscraig Ltd.
1.5 The Regional Sports Facility building is to be around 18,000 square metres and over two levels. It is to be clad in steel with a large glazed section to the northern end of the building. The building has three components, a large football hall with a sports hall, an athletics hall and a central changing facility sandwiched in-between. There is to be an energy centre/outdoor store building positioned to the north of the main building which is to house a biomass fuel boiler system and equipment for the outdoor pitches. To the eastern side of the building there is to be a parking area for buses, cars and cycles. To the southern side of the building are to be dedicated disabled parking spaces along with motorcycle parking and a bus drop off point. An outdoor children’s play area is proposed to the south western corner of the site close to the main entrance to the facility.
1.6 Vehicular access is to be formed from an existing roundabout off the main Ravenscraig Spine Road. The formation of a fifth arm off the roundabout allowing a single carriageway road to the south of the building is proposed and is to be part of a separate planning application. 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 Government Guidelines and local plan policies.
2.2 Scottish Planning Policy 11 - Open Space and Physical Activity. This policy aims to support opportunities for sport and recreation and ensure that communities have access to the benefits of open space, with a range of opportunities to take part in sport and physical activity. The creation of environments conducive to physical activity is one of the objectives of the Government's strategy.
2.3 The application site is covered by the Burgh of Motherwell and Wishaw Development Plan 1953 wherein the majority of the application site is unzoned.
2.4 Within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005), the plan identifies the application site within the Ravenscraig RegenerationArea wherein Policy ENV 3 (Vacant and Derelict Land) and Policy IND 6 (Ravenscraig Regeneration), Policy TR 13 Assessing Transport Implication of the Development), Policy CS1 (Provision of Community Facilities), Policy L2 (Leisure Development) and Policy RTL 11 (Assessing Applications for Bad Neighbour Development) are applicable.
3. Consultations and Representations
3.1 SportScotland supports the application as the proposal forms an important part of the investment strategy for national and regional sports facilities in Scotland.
3.2 Strathclyde Police has no objections to the overall proposals but has commented that there were areas within the layout that required careful design consideration to prevent security and safety risks.
3.3 Scottish Natural Heritage has no objections to the application subject to there being conditions attached to the consent to ensure protection of the existing landscaping bund to the western side of the site along and the submission of details of the proposed landscaping. It is also suggested that a breeding bird survey is carried out.
3.4 The Scottish Environment Protection Agency has no objections subject to conditions requiring the submission of surface water drainage details and a site investigation which includes an assessment of the risk to the water environment.
3.5 Scottish Water has no objections to the proposals. There has been no reply received from Scotland Gas Networks, Scottish Power or Strathclyde Fire and Rescue.
3.6 The Transportation Section have no objections to the application subject to the attachment of conditions to ensure that a unit green travel plan is submitted, further details of the proposed access connection to the road network is provided and pedestrian, cyclist and public transport links into and within the site are clarified.
3.7 The Geotechnical Section requires a drainage assessment to be submitted for consideration.
3.8 Protective Services have no objections to the application subject to conditions relating to the submission of a comprehensive site investigation which is based on the Stage 1 and 2 reports already submitted by the applicant. Conditions regarding noise abatement and dust control during the construction works require to be attached to the consent. Noise and air quality assessments also require to be carried out, along with controls over the luminance of any floodlights at the site.
3.9 Following the neighbour notification and press advertisement,one letter of objection was received from a resident on Motherwell Road, Carfin. The main points raised by the objector are as follows; 0 The land at Ravenscraig is supported by land which is at No. 68 Motherwell Road, 0 The Southern Area Local Plan states that no work or building to commence if the land is contaminated and furthermore NLC have not received clearance certificates regarding the contamination at the site, 0 There is an element of doubt regarding the excess traffic in the Carfin roundabout area.
4. Planninn Assessment and Conclusions
4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations.The application raises no strategic issues and can therefore be assessed in terms of the local plan policies.
4.2 In terms of the emerging local plan, the proposal accords with the Council’s aspiration to pursue the redevelopment of the Ravenscraig site. The proposals comply with Policy ENV3 and Policy IND 6.
4.3 In considering Policy CS1 and Policy L2 of the emerging local plan, it should be noted that there is a current shortfall in the provision of modern recreationalfacilities in the area. In particular, SportScotland has identified that Motherwell is in need of sports hall provision. There is currently insufficient hall space to meet the potential demand. The Regional Sports Facility (RSF) is to be a major indoor training and competition venue. The facility has been designed to meet the needs of the Scottish Football Association and Scottish Athletics for indoor training as well as providing a wide range of other sports and community activities. The proposal is likely to benefit the community, combating existing recreational shortfalls. The RSF is seen as playing a pivotal role as a key community facility at the heart of Ravenscraig bringing together sporting, cultural and social events and would therefore comply with Policy CS1.
4.4 As part of the proposals, Motherwell College Sports Studies Unit will also be based within the facility on a permanent basis. Their curricular programme will require the use of the facilities at the RSF on a daily basis for the development of their students. Furthermore sports programmes within the proposed facility are to have links to existing sports facilities throughout the Lanarkshire area. The provision of this facility will contribute towards North Lanarkshire’s overall sports, physical education, health and social inclusion strategies. The development accords with the principles set out Policy L2.
4.5 In terms of national policy, the proposal is likely to meet the sporting and recreational needs of residents while providing a flexible events space capable of accommodating regional and national sporting and non sporting events. Accessibility to the site has been fully explored as part of the overall design of the Ravenscraig site. The principles of sustainability have been built into the design of the building as well as the overall site. The development meets the objectives identified within SPP 11.
4.6 Given the strategic importance of the Ravenscraig site and the need to set an appropriate benchmark architecturallyfor subsequent developments on the site, the design of the facility is of a high standard. The architectural thought behind the design of the building aims to make a strong reference to the industrial history of the site. The use of steel bands folding over the building is a direct reference back to the former steelworks.
4.7 The orientation of the building on a north to south axis is to allow views to the north as well as having a strong relationship and essential links to the proposed Ravenscraig Town Centre to the south. The roof on both the football hall and athletics hall has a serrated profile which allows sufficient light into the interior of the building with the fully glazed northern elevations allowing the indoor to feel connected to the outdoor pitches and activity. Built into the design of the building are sustainable features such as rainwater harvesting and a green sedium roof which is to be located between the football hall and the athletics hall. To the rear of the building, an energy centre is proposed which is to house biomass technology. The final design of the energy centre is still to be submitted, as the details regarding the overall size of the biomass boiler requires to be finalised. A condition is to be attached to ensure that these details are submitted prior to commencement of work on the site.
4.8 The external landscaping is considered to be an important element of the overall layout. The proposed landscaping will require to connect and enhance the existing green wedge to the western side of the site as well as providing a green corridor to the northern section of the site. It is also considered important to soften the parking area to the eastern side of the building whilst providing a green wedge to the southern gateway of the site. The provision of an interlinked network of green spaces will ensure that the layout aspires to the overall aims of the Ravenscraig Masterplan and the Area Planning Brief. Further details regarding the landscaping proposals will require to be submitted for approval, a condition is to be attached to the consent.
4.9 Boundary treatment at the site is also an important visual element which requires careful consideration, especially with regards to the proposed fencing around the outdoor pitches. It is important to ensure that the least visually intrusive fencing is erected and that additional planting is encouraged around the pitch area. Details regarding all boundary treatment at the site will be sought through a condition of the consent.
4.10 At present all of the access points into the site are from the southern side which should link well with the future Ravenscraig Town Centre. The Transportation Section has no objections to the application. Further clarification is sought on access issues, these can be dealt with by the attachment of conditions.
4.1 1 In terms of the possibility of excess traffic in the Carfin roundabout area, the Transportation Section considers that the traffic generated by this development can be accommodated on the existing local network and therefore there is unlikely to be a significant adverse impact to the northern entrance of the site around the Carfin roundabout area.
4.12 A site investigation on the ground conditions and water environment and a geotechnical report has been submitted with the application. The reports are currently being reviewed by both the Council and Scottish Environment Protection Agency. The level of contamination on the site was an issue raised by the objector who is concerned that work would commence on the site before the land was approved as being suitable for the use intended. A condition is to be attached to the consent to ensure that in compliance with Government Guidance, Planning Advice Note 33 on Contaminated Land and local plan policy, that there will be no construction work permitted on this site until it can be demonstrated that the land will be suitable for the use intended.
4.1 3 Protective Services have indicated that any impact from the construction of the development will require to be controlled as well as the impact from the completed development such as noise, light and air pollution. Conditions are to be attached to the consent to address these issues. The controls on noise and light pollution from the site should ensure that any future residents within or around the Ravenscraig site should not be significantly affected by the development. It is likely that the closest residential unit will be 350 metres from the outdoor pitches at the site. The proposals will not significantly impact on residential amenity. The development does not conflict with Policy RTL 11.
4.14 With regards to the play area to the front of the RSF building, the Play Services Manager considers the position of the play facility to be acceptable. Details of the play equipment will require to be submitted for consideration.
4.15 In terms of the overall Ravenscraig Masterplan, most of the RSF site was zoned for recreational facilities/sports pitches, with a small section to the north of the site zoned as a woodland link. It is considered that the RSF along with the green aspect to the external pitches and a landscape corridor on the edges of the site ensures compliance with the masterplan and the outline planning consent.
4.16 As part of the outline approval there were conditions attached to the planning consent and obligations within the Section 75 legal agreement which related to the opening of the first leisure facility on the Ravenscraig site. At the outline stage, it was anticipated that the town centre and associated leisure uses would have been within the first phase of the development of the site and that these uses would be the main traffic generators. Therefore additional road and public transport infrastructurewould require to be in-situ at an early stage. However changes to the phasing at the site, has meant that the RSF is being developed far in advance of the town centre. The Transportation Section considers that the nature and size of the proposed RSF would not warrant the insertion of infrastructure as outlined in the transport assessment completed at the outline planning stage. In order to allow the opening of the RSF without the infrastructure being in-situ beforehand, Ravenscraig Ltd, submitted an application to vary the wording of four of the outline planning conditions. This application has been approved and the RSF can now open prior to the insertion of the major road and public transport infrastructure. However the infrastructure will require to be in place prior to the opening of the second leisure facility or other uses associated with the Ravenscraig Town Centre.
4.17 The completion and opening of the RSF to the general public for patronage and use (as currently designed), will fulfil one of the Conditions of the Section 75 legal agreement. It should be one of the two major leisure facilities required on the Ravenscraig Development Site by the legal agreement.
4.18 With regards to the remaining point of objection, in relation to the land at Motherwell Road being required to support the development of Ravenscraig, it is considered that land will be required along the stretch of the existing A723 road from Carfin to the A8 junction for the Ravenscraig development. As part of the outline planning consent, it was identified that the A723 would require to be upgraded to a dual carriageway road. The extent of the land take required for these road improvements is still to be submitted as a detailed planning application. The objector will be notified of this application under the regulations set out in the neighbour notification procedures and will have the opportunity to comment on the detail of the proposals.
4.1 9 Under the Town and Country Planning (Notification of Applications) (Scotland) Direction 2007, although the local authority has an interest in the development given that North Lanarkshire Council is the applicant, there has not been a substantial body of objections to the application, and therefore the development does not have to be notified to the Scottish Ministers.
4.20 In conclusion it is considered that the RSF will create a multi use facility combining sport, leisure and a venue for non-sporting events. It will create a high quality destination, attracting visitors from a wide area, contributing to the overall regeneration of Ravenscraig
4.21 It is therefore recommended that the Committee grant planning permission for the proposed development. Application No: S/O7/01551 /FU L
Date Registered: 23rd October 2007
Applicant: North Lanarkshire Council Learning And Leisure Services Municipal Buildings Kildonan Street Coatbridge ML5 3BT
Development: Use of Land for Multisports Court and Recreational Facilities
Location: St Gerards Primary School Kelvin Road Bellsh ill ML4 ILN
Ward: 14 Bellshill: Councillors Curran, Lyle and McGuigan
Grid Reference: 273614661128
File Reference:
Site History: None relevant
Development Plan: The site is zoned as Policy CS2 (Established community Facilities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004, and 2005).
Contrary to Development Plan: No
Consultations: British Gas (Comments) Scottish Power (Comments) Strathclyde Police Architectural Liaison (Comments)
Representations: 4 letters of representation received
Newspaper Advertisement: Advertised in Motherwell Times & Bellshill Speaker 2nd November 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 North Lanarkshire Council Planning and Environment Dept Fleming House, 2 Tryst Road Cumbernauld, G67 IJW St GERARDS PRIMARY SCHOOL, KELVIN ROAD, BELLSHILL. telO1236616210 fax 012% 616232 * Representation Site area = 0 50 ha 2. That before the development hereby permitted is brought into use, all fences as shown on the approved plans shall be erected and thereafter maintained in reasonable order to the satisfaction of the Planning Authority.
Reason: In the interest of the amenity of the site and the general area.
3. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.
4. That any remediation works identified by the site investigation required in terms of Condition 3 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
5. That before any works start on site, full details of all lighting associated with the facility shall be submitted to and approved in writing by the Planning Authority and for the avoidance of doubt, this shall take cognisance of Scottish Executive Guidance Note, "Controlling Light Pollution and Reducing Energy Consumption".
Reason: In order to protect the amenity of nearby dwellinghouses.
6. That the proposed multi-purpose pitch shall be for community use as well as school use and shall not be used after 9pm; or such other times as may be agreed in writing by the Planning Authority.
Reason: In the interests of local recreation and residential amenity.
Background Papers:
Application form and plans received 13'h September 2007
Memo from Transportation Team Leader dated Cith November and 27th November 2007 Memo from Head of Protective Services dated 5'h November 2007 Letter from Scottish Power received 5th November 2007 Letter from Scotland Gas Networks received 1gth November 2007 Email from Strathclyde Police Architectural Liaison Officer received 8'h November 2007 Letter from John Devlin, 287 Hattonrigg Road, Bellshill, ML4 1LY received 29th October 2007 Letter from Jake Steel, 32 Bell Street, Bellshill, ML4 received 31" October 2007 Letter from Pat Foley, 63 Fleming Road, Bellshill received 5'h November 2007 Letter from John Devlin, Billy Irvine, Jake Steel and William Irvine, 287 Hattonrigg Road, Bellshill, MLI 1LY received 23'' November 2007 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 302136.
Date: 3 December 2007 APPLICATION NO. S1071015511FUL
REPORT
1. Description of Site and ProPOsal
1.I This application is for the installation of play equipment and facilities and the use of the site as a multi sports court. The site is currently an area of grassed open space within an existing residential area. It is level and is enclosed within a palisade metal fence ranging in height from 1.6 to 2.4 metres in height. The site forms part of the school grounds of St Gerard’s primary, the enclosed school grounds of which form the eastern boundary. The site is bound by a footpath to the west with the school grounds of Noble Primary school beyond. To the north lies Fleming Road (CUIde sac) which is characterised by four two storey flats and parking areas. To the south of the site lies Kelvin Road (CUIde sac) which terminates in front of a local convenience store and off street parking area.
1.2 The development will consist of a 36 metre by 18.2 metre multi sports court surrounded by a running track. The adjoining area will form a more traditional children’s play area with play equipment. The site will be surrounded by soft landscaping and trees. This section of the site will occupy an area measuring 34 by 65 metres. Both areas will be separated by a 1.5 metre high proprietary fence with pedestrian access via a gate. The existing boundary fence will be retained. The ball court area will be surfaced in permeable asphalt with the play area remaining as grass. Four Lighting columns will be placed to illuminate the multi sports court and play areas.
1.3 The existing service access to the site via St. Gerard’s Primary School will remain. Access will be gained from the existing road and footpath network serving Kelvin Road and Fleming Road as well as from St.Gerard’s Primary School.
2. Development Plan
2.1 The application site is located within an area designated as Policy CS2 (Established community Facilities) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004, and 2005).
3. Consultations and Representations
3.1 No objections were received from the utility bodies.
3.2 The Transportation Section make no comment on the basis that the play area and multisports court is to be a local facility.
3.3 The Head of Protective Services has advised that a desk top study which includes the site history requires to be provided by the applicant to ascertain if the site has previously been used for any potential contaminative purposes. Depending on the results of this investigation further intrusive ground investigations may be required. It is also highlighted that while obtrusive lighting is not a statutory nuisance, care should be taken when selecting lighting to ensure appropriate units are chosen which will not provide unnecessary high lighting and glare levels, given the proximity of housing nearby.
3.4 The Strathclyde Police Architectural Liaison Officer makes comment that while the site layout is satisfactory, there are concerns over the lack of community ownership of the site and limited natural surveillance.
3.5 Following the standard Neighbour Notification procedure and press advertisement, 4 letters of representationwere received with one respondent requesting a hearing.
3.6 Letters of representation raised the following points:
The planning application was flawed as the objector was informed that the site was vacant and did not belong to anyone. The development will result in the loss of an existing football field. Security on the site is inadequate. The drainage on the site is adequate and presents no problems. Local people have not been consulted in the haste to push through proposal. The development will give rise to further opportunities for anti social behaviour in the area, with there already being a history of anti-social behaviour and vandalism. The development will not be able to accommodate all the children within the area giving rise to conflict. The proposal is not thought to represent best value for the area. Neighbour notification process has not been carried out correctly. That the development will exacerbate the ongoing dangerous situation of children being dropped off and picked up at the two entrances to the school. It is unclear whether the facility is geared more to one of the schools. The money would be better spent for the construction of training pitches adjacent to New Brandon Park.
4. Planning Assessment and Conclusions
4.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against Local Plan Policies.
4.2 The site is zoned within an area covered by policy CS2 (Established community facilities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004, and 2005). Policies CS4 (Assessing Applications for Community Facilities), and TRI 3 (Assessing the Transport Implications of Development) are also relevant to consideration of this application.
4.3 Policy CS2 seeks to protect established community facilities by: improving the quality of council operated facilities through a programme of upgrading and refurbishment, where appropriate; resisting the loss of established community facilities where a shortfall in provision for that locality will result, introducing shared use arrangements in schools and other council operated facilities and encouraging the dual use of other community buildings. In this respect, given the nature of the proposal and the new facilities to be provided, it is considered that the proposal is acceptable in principle.
4.4 Policy CS4 is also considered relevant and in determining applications for community facilities, the Council will consider amongst other things: the extent to which the proposals meet a shortfall in the provision of community facilities; the suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment; the provisions made for vehicular access, parking, and impacts on pedestrian safety and traffic circulation, and detailed design elements such as building height, materials, positioning, and access for pedestrians and disabled people.
4.5 In considering these criteria, the site lies adjacent to the grounds of two existing primary schools with the nearest play facility being 450 metres away at Clay Crescent. This is only rudimentary in form with the nearest alternative similar play area of this type for a wide age range would be the facility at Liberty Road, Orbiston. This site is approximately 2.5 Kilometres from the proposal. In this respect the facility can be seen as satisfying a shortfall in provision of a community facility for play in the surrounding area. It also improves upon the facilities available at the site. Given that the site is an existing playing field within the school grounds it is considered that there will be no significant loss of amenity and it is sufficiently set back from the nearest housing. Similarly, it is not considered that amenity will be lost due to the height of equipment, use of materials and positioning of play equipment in relation to adjoining properties and the surrounding environment. I propose a condition in order that final details of lighting are submitted for separate approve to ensure that this does do not result in any loss of amenity for nearby residents. The provision for vehicular access, parking and impacts on pedestrian safety are discussed below within policy TR13. Overall the proposal is considered to be in accordance with policy CS4.
4.6 In assessing the transportation implications for the development policy TR13 sets out criteria which includes; the level of traffic generated and its impact on the environment and adjoining land uses; impact of the development on road traffic circulation and road safety; and the provisions made for access, parking and vehicle manoeuvring. The site is currently used as a playing field and benefits from existing vehicular and pedestrian access and adjacent parking provision. This considered acceptable for the current proposals both in terms of provision and orientation. I note that the proposals are considered to be acceptable to my Transportation Team Leader. The proposal is considered to comply with policy TR13.
4.7 In response to comments from Protective Services conditions are proposed to ensure the submission of a site investigation and the implementation of appropriate lighting.
4.8 Strathclyde Police Architectural Liaison Officer advises that there is little opportunity for surveillance of the site from either the neighbouring convenience store or existing residential properties. He describes the use of appropriate lighting as an excellent idea but would only be of benefit to security of the site when combined with surveillance. While concerns are raised over natural surveillance, the site is currently in use as a playing field and this application offers an upgraded and more formalised facility. I consider this matter is not sufficient to merit refusal of the application and that appropriate lighting can be devised. While a greater level of passive surveillance would have been preferred it would be unreasonable to prevent the development from proceeding solely on this basis.
4.9 The Southern Area Local Plan Finalised Draft (Modified 2001, 2004, and 2005) contains no specific policies or advice on safety by design, however Planning Advice Note 77 (Designing Safer Places) provides guidance. In a contextual expression the note advises that ‘the use of vacant sites is strongly encouraged as bringing sites back into frequent use can help improve safety by creating a better quality environment’. This proposal represents both a purpose built play area for younger children, which when considered with the Planning Advice Note should be positioned close to existing dwellings, for surveillance, and play provision for older youths which if advice is again followed should not be located immediately adjacent to housing. Notwithstanding this advice, play facilities should have a high level of natural surveillance not only from a child safety point of view but also to deter anti social behaviour. In this instance, there is not scope for the design or location to be altered to improve surveillance. Any positive opportunity for safe design which is of benefit exists in bringing the site back into frequent use and appropriate lighting. It has been suggested that the applicant also meets with the community police, community wardens and community workers before the play area opens and agree a strategy to target the facility initially to influence those who may abuse it. The Play Services Manager is currently exploring ways of the local community taking ownership of the site. This matter also requires to be addressed through policing. In considering these design constraints the proposal is considered acceptable.
4.10 In response letters of representation:
a) The planning application conforms to article 8 of the Town and Country Planning (General Development Procedure) (Scotland) order 1992, and clearly indicates the land owner. The site is also shown covered by policy CS2 (Established community facilities) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004, and 2005). While the site results in the loss existing playing fields, the development will result in the upgrading of existing area within the school grounds to be used for multi sports including football and a children’s play area. The site currently has limited security with the exception of a metal palisade fence. The Architectural Liaison Officer for Strathclyde Police has forwarded comments which are discussed in paragraphs 4.7 and 4.8. While passive surveillance of the facility is limited, this matter is not considered sufficient in itself to merit refusal of the application and ways of improving the situation are discussed in the report. The continuing security of development sites is a matter for the Police. Drainage is likely to be unaffected by this development. The proposal was subject to the neighbourhood notification process under article 9 of the Town and Country Planning (General Development Procedure) (Scotland) order 1992. An advert was also placed in the local press allowing a further 21 days to respond with comments. The planning application is the statutory forum for public participation on development proposals. The number of children using the development at any one time is not a material planning consideration, however the proposal is intended to provide a focal point for children of a range of age groups. Whether a development represents good value for the area is a consideration for the applicant and is not a material planning consideration. In respect to the development exacerbating ongoing dangers situation of children being dropped off and picked up at the two entrances to the school, I do not consider this offers a sufficient reason for refusal. The site benefits from existing parking and pedestrian links and I note that there is no objection from my Transportation team Leader. Whether the facility is to be geared more to one of the adjacent schools is not a material consideration in the assessment of this application. By way of background, this proposal is a facility to be used by both schools and the public. While the objector contends that money would be better spent for the construction of training pitches adjacent to New Brandon Park, assessment can only be made of the application under consideration.
4.1 1 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 provision of play facilities within the residential area. I therefore recommend that the permission be granted subject to condition.
4.12 The occupier of 63 Fleming Road has requested a Hearing with regard to the proposed development, the loss of the football field and security concerns. Application No: S/07/01609/FUL
Date Registered: 29th October 2007
Applicant: Fred Davis Heathfield Wishaw Road Wishaw ML2 8EZ
Agent J Kerr McDougall Ltd 13 Canyon Road Netherton Industrial Estate Wishaw ML2 OEG
Development: Erection of Dwellinghouse
Location: Land Adjacent To Heathfield Wishaw Road Wishaw ML2 8EZ
Ward: 20 Wishaw: Councillors Adamson, Love, McKay and Pentland
Grid Reference: 281587653564
File Reference: S/PL/B/2/61/GS/MM
Site History: S/05/00228/FUL - Erection of Dwellinghouse (nearby site), Refused 14 April 2005. Subsequent appeal Dismissed 20 February 2006.
S/03/01606/OUT - Erection of Dwellinghouse (nearby site), Refused 17 December 2003. Subsequent appeal Dismissed 16 June 2004.
S/03/01369/OUT - 7 Plot Residential Development (in outline), Withdrawn 18 November 2003
S/03/00182/AMD Erection of 1% Storey Detached Dwellinghouse, Granted 16 April 2003
S/02/00179/FUL - Erection of a Detached Dwellinghouse, Granted 23 July 2002
S/O1/00559/OUT - Demolition of Stables and Erection of Detached Dwellinghouse, Granted 29 September 2001 (against recommendation)
S/96/10173/OUT Erection of Dwellinghouse (In Outline) Refused 19 August 1999
Development Plan: The site is zoned as Greenbelt in the Glasgow and Clyde Valley Joint Structure Plan 2000 and the Southern Area Local Plan (Modified 2001,2004 and 2005) Producad by North Lanarkshire Counui PLANNING APPLICATION No. S I07 I01609 I FUL Planning and Environment Depl Fleming House ERECTION OF DWELLINGHOUSE 2 Tvst Road Cumbernauld, G67 1JW LAND ADJACENT TO HEATHFIELD, WSHAW ROAD, WISHAW tel01236 616210 fax 012% 616232 Site area = 0.13 ha. Contrary to Development Plan: Yes
Consultations: Scottish Water Comments British Gas No Response Scottish Power Comments
Representations: No letters of representation received
Newspaper Advertisement: Advertised on 7th November 2007
Recommendation: Refuse for the Following Reasons:-
That the proposed dwellinghouse is contrary to Strategic Policy 1 of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and Policies ENV 6 (Green Belt) and HSG 12 (Housing in the Green Belt and Countryside) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that no justification exists in terms of an appropriate rural use for a dwellinghouse in this Green Belt location.
That the proposed dwellinghouse is contrary to Policy HSG 15 (Area of Great Landscape Value) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that it would have a detrimental visual impact on an Area of Great Landscape Value.
That the proposal is contrary to Policies HSG 12 (Housing in the Countryside and Green Belt) and TR 13 (Assessing the Transportation Implications of Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that the development would be detrimental to road safety in that it would cause additional traffic to use the junction with the main Wishaw Road, which is geometrically substandard and lies within a derestricted speed section of the A721. Furthermore, the access arrangements to the site are sub standard in terms of width and the lack of footways and lighting.
NOTE TO COMMITTEE
If granted this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 2007 as the proposed development constitutes a significant departure from the Development Plan.
Background Papers:
Application form and plans received 3rd October 2007
Memos from Transportation Team Leader from previous adjacent applications S/03/01606/OUT and S/05/00228/FUL Memo from Head of Protective Services received 13th November 2007 Letter from Scottish Power received 12th November 2007
Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Glasgow and Clyde Valley Joint Structure Plan 2000
Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 302081.
Date: 23 November 2007 APPLICATION NO. S/07/01609/FUL
REPORT
1. Description of Site and Proposal
1.1 This application seeks planning permission for the erection of a 1% storey detached dwellinghouse at land to the east of the residential property, Heathfield, Waterloo, Wishaw. The proposal involves creating a new house plot between Heathfield, a yard and a further residential property, Gillyburn House, with the plot fronting a branch off Wishaw Road to the southeast of its junction with the A721. The plot is L-Shaped and is 26 metres in width at the front widening to the rear to approximately 42 metres. The plot will be approximately 45 metres deep. The land generally declines in level from north to south where it extends to a railway, open fields and the Clyde Valley beyond.
1.2 The proposed dwelling would have a dual pitched roof with a gable feature fronting the access off Wishaw Road. It would have a front garden depth of 7 metres, 13 metres side garden and a rear garden depth of approximately 25 metres. The proposal also contains a detached double garage in the rear garden. A dedicated access would be taken from the private road to the front.
1.3 The applications detailed in the site history section of this report are the most recent planning and appeal decisions in the area. In the vicinity there is a long planning history from the 1960’s with an adjacent house receiving consent on the basis of associated land being a viable agricultural unit. Planning permission was refused in 1980 and 1989 for residential units and there is a series of applications for a residential unit being required to run a livery stables. This resulted in a temporary consent for a residential caravan to test the requirement although this was never implemented. A further application was refused for a dwellinghouse and associated stables which was withdrawn before an appeal decision was issued. This particular property has previously received consent for demolition of stables and erection of a 1% storey dwellinghouse.
2. Development Plan
2.1 The site is within the Green Belt in the Glasgow and the Clyde Valley Joint Structure Plan 2000 and in the Central Industrial Area Part Development Plan 1964 and Southern Area Local Plan (Modified 2001, 2004 and 2005).
3. Consultations and Representations
3.1 My Transportation Section recommended refusal of the previous relevant applications at this location due to the access to the site being substandard with respect to construction, width, pedestrian and turning facilities and street lighting. Also, the junction with the A721 is substandard at a derestricted section and additional traffic using the junction would be detrimental to road safety. These comments remain relevant.
3.2 My Protective Services Section raised no objections, however did comment that subject to the approval of this application, measures should be implemented to limit noise levels and dust emission during construction. They also commented that a site investigation report be submitted to ensure the site is free of any contaminants.
3.3 Scottish Power raised no objections but noted that subject to the approval of this application, site operators should be aware of the dangers of underground services and overhead lines.
3.4 Scottish Water raise no objections but make comment relating to requirements for connection to their infrastructure.
4. Planninn Assessment and Conclusions
4.1 This application requires to be assessed against the Development Plan, which in this case, primary Green Belt policies are set out in Strategic Policy 1 of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and ENVG (Green Belt) and HSG12 (Housing in the Green Belt and Countryside) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005. The Central Industrial Area Part Development 1964 also zones the site as Green Belt, but is significantly out of date.
4.2 Strategic Policy 1 of the Structure Plan requires the continued designation and safeguarding of the Glasgow and the Clyde Valley Green Belt within which there is a presumption against the spread of built up areas and encroachment into the countryside. The Southern Area Local Plan defines physical Green Belt boundaries in this area.
4.3 Policy ENVG presumes against development that will affect the character and function of the Green Belt, within which there is a presumption against development other than directly associated with an appropriate rural use.
4.4 Policy HSG12 indicates that new houses will only be permitted where there is a proven operational need in accordance with Policy ENV6. This policy also sets criteria for assessing new housing applications, including visual prominence of the site, design issues, vehicular access and site drainage. While there is a cluster of development at this location, the application site lies within and currently contributes positively to the purposes of the Green Belt. The applicant has not provided any supporting information to justify why a new dwelling in the Green Belt in terms of an appropriate rural use should be accepted in this instance. Subsequently, as no such justification exists for the proposed dwelling, the application is considered to be unacceptable and contrary to the primary requirements of policies ENVG and HSG12 of the Southern Area Local Plan and the Glasgow and Clyde and Clyde Valley Joint Structure Plan in respect to safeguarding the Green Belt.
4.5 This site additionally lies within the Clyde Valley Area of Great Landscape Value and as such, policy ENV15 (Area of Great Landscape Value) gives the area additional protection from proposals, such as the current one, by resisting any proposal that would have a significant adverse effect on the character and quality of the environment. The Clyde Valley AGLV was designated following a detailed landscape assessment, containing both agricultural land and woodlands and forming the setting for urban areas to the north. I consider that this form of unjustified development in the Green Belt, albeit located close to a cluster of other buildings, would represent a form of development which significantly adversely affects its landscape, especially given its special designation within an Area of Great Landscape Value. The application site is prominent from the A721 to the north. I also have concerns that by permitting such an unjustified form of development, a dangerous precedent would be set causing a negative impact upon integrity of the Area of Great Landscape Value and wider Green Belt.
4.6 Policies HSG 12 and TR13 (Assessing the Transportation Implications of Development) both consider roads and transportation issues. While adequate parking can be provided within the plot, wider negative road safety issues are raised by my Transportation Team Leader, as set out in paragraph 3.1 above. The road safety problems associated with the junction with the A721 and the substandard section of Wishaw Road from which access would be taken are outwith the applicant's control. The proposal is therefore contrary to Policy TR 13 and I conclude that the road safety concerns with the proposal to be sufficient to warrant separate reasons for refusal of the application. 4.7 In relation to material considerations it is useful to pay regard to recent applications in the vicinity. Planning application S/03/01606/OUT was refused at the Planning and Environment Committee in December 2003 and a subsequent appeal was dismissed by the Scottish Executive in June 2004. This application was for the erection of a dwellinghouse on land west of Rhiconich, which is located in close proximity to the application site. Similarly, a recent application opposite at 320 Wishaw Road, S/05/00228/FUL for the erection of a dwellinghouse was also refused planning permission in April 2005 with a further appeal also being subsequently dismissed. The planning considerations of these cases closely reflect the current application, particularly in relation to Green Belt policy and transportation issues. The decision in both cases and the subsequent appeals therefore wholeheartedly support this recommendation.
4.8 In conclusion it is considered that the proposal is contrary to Strategic Policy 1 of the Structure Plan and Policies ENV6, ENV15, HSG12 and TR13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Application No: S/07/01625/OUT
Date Registered: 5th October 2007
Applicant: Robert McGregor Clo Agent
Agent Stanley C Cook M.R.T.P.I. 12 Beveridge Terrace Mossend Bellshill ML4 2RJ
Development: Use of Site for Sales, Servicing and Repair of Vehicles and Erection of Associated Buildings
Location: Land Adjoining Braefoot Cottage Carlisle Road C Ie Ia nd Mot herwelI
Ward: 19 Murdostoun: Councillors Martin, McKendrick, Shevlin and Taggart
Grid Reference: 280993658494
File Reference: S/PL/B/4/33/LM/MM
Site History: S/98/01558/FUL Erection of Two Dwellinghouses - Granted 8 September 1999
S/97/00760/OUT Erection of Fast Food Outlet and Shop / Petrol Station -Withdrawn 26 March 2001
476/93 Erection of Small Industrial Units - Refused 5 January 1994
366/93 Erection of Car Showroom - Refused 5 January 1994 and subsequent appeal P/PPA/ST/167 - Dismissed 19 December 1994 425/90 Erection of Two Dwellinghouses - Refused 5 December 1990
190/90 Alterations to Petrol Sales Office & Shop & Erection of Forecourt Canopy - Granted 13 July 1990 237/77 Erection of a Bungalow - Refused 5 October 1977
24/75 Erection of a Bungalow - Refused 5 November 1975
Development Plan: The site is zoned as ENV6 (Green Belt) within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)
Contrary to Development Plan: Yes Produced by North Lanarkshire Council Planning Application No. / OUT Planning and EnvimnmrntDept S I07 I01625 Fieming Hause. 2 Tryst Road Currbarnauld. 067 1JW Use of Site for Sales, Servicing and Repair of Vehicles blOl+J8616210 and Erection of Associated Buildings fax 01238 616232 N The msp s repduced from Ordnanca Sunsy md~lthme pmissnn Of Ordnsncd SUWEV Land Adjoining Braefoot Cottage, Carlisle Road, Cleland, on behalf dtha Conttdlar OF Her Majesty's StaflONrYOfhCe 0 ClMCDpppht Unaumonrsd Mothewe'' r~.prcduc11oninhingescrwm mpyilghtmd my had to pmBBSUllOn Or ClW pmCBedmQ6 Representation NoRh Lanarkshire Counul103023398 20% * Consultations: Scottish Natural Heritage (No Response) Scottish Water (Com ments)
Representations: One letter of representation received
Newspaper Advertisement: Advertised on the 17th October 2007
Recommendation: Refuse for the Following Reasons:-
That the proposal is contrary to Strategic Policies 1, 9 and 10 of the Glasgow and the Clyde Valley Joint Structure Plan 2000, Policies ENV5 and ENV6 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) and to national policy SPPl5 “Green Belts” in that development would constitute an unjustified industrial and business development in the Green Belt and would be an incongruous urban intrusion into an open countryside setting.
That the proposal is contrary to the aims of Policy IND 9 (Assessing Applications for Industrial and Business Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that it is not located within an established industrial/business area, there is no case in terms of need for additional industrial and business land supply at this time or at the site and that the proposal is unsuitable in respect to the character of the Green Belt site, within which it is set.
That the proposal is contrary to Policy TR13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2005 and 2006) in that it would result in a commercial access onto a de-restricted section of A class road, would lead to unsafe additional braking and turning manoeuvres and that the access would be too close to the existing junction with Fernieshaw Road, all to the detriment of highway safety.
Note to Committee:
If granted this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 2007 as a significant departure from the development plan.
Background Papers:
Application form and plans received October 2007
Memo from Transportation Team Leader received 20thNovember 2007 Memo from Head of Protective Services received 18th October 2007 Memo from Geotechnical Team Leader received 7‘h Ntvember 2007 Memo from Landscape Services ManaRer received 15 November 2007 Letter from Scottish Water received 24 October 2007 Letter from A Allan, Braefoot Cottage, Carlisle Road, Cleland, MLI 5LR received IQthOctober 2007
Glasgow and Clyde Valley Structure Plan 2000 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) SPP15 Planning For Rural Development SPP21 Green Belts
Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 302134
Date: 21” November 2007 APPLICATION NO. S10710162510UT
REPORT
1. Description of Site and Proposal
1.I Outline planning permission is sought for use of the site for car sales, servicing and repair of vehicles and erection of associated buildings at land adjoining Braefoot Cottage, Carlisle Road, Cleland. No indicative layout has been submitted with this application.
1.2 The application site comprises approximately 0.4 hectares and is located on the A73 main route from Cleland to Newhouse. The site comprises of regenerated grassland (formerly developed) which is gently sloping from northwest to south east and is bounded by hedging along the northeast and northwest boundary. The site is surrounded by Auchinlea Landfill to the north east and farm land bounding the rest of the site. The site was previously known as Bellside Filling Station and was primarily used as such. The site has since been levelled with all previous buildings since demolished and the access route removed.
2. Site History
2.1 The site has a history of various applications relating to the continuing use of the petrol station and also proposed residential development.
2.2 Planning application (24/75) for the erection of a bungalow was refused on the 5'h November 1975. A similar application (237/77) was refused again on 5'h October 1977. At the time of the site's use as a filling station, consent was granted (190/90) on the 13'h July 1990 for alterations to petrol sales office and shop and erection of forecourt canopy. A further application was then submitted for the erection of two dwellinghouses (42590) and was refused on the 5'h %ecember 1990. An application for the erection of a car showroom (366/93) was refused on the 5 Januay 1994 which was followed by an appeal (P/PPNST/167) which was dismissed on the 19 December 1994. On the 5'h January 1994 an application for the erection of small industrial units (476/93) was also refused. Following a period where the site was no longer in use as a filling station, an application for the erection of a fast food outlet and shop / petrol station (S/97/00760/OUT) was submitted but later withdrawn on the 2€jth March 2001. The most recent planning consent relates to the erection of two dwellinghouses (S/98/01558/FUL) which was granted on the 8'h September 1999. This, however, expired on the 8'h September 2004.
3. DeveloPment Plan
3.1 Strategic Policy 1 in the Glasgow and the Clyde Valley Structure Plan 2000 is applicable in this case.
3.2 The site is identified as Policy ENV 6 (Green Belt) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).
4. Consultations and Representations
4.1 My Protective Services Section has no objections to the proposed development subject to the requirement for a Site Investigation Report to ensure the site is free of any contaminants and that subject to the approval of this application, measures should be implemented to limit noise levels and dust emission during construction.
4.2 My Geotechnical Team Leader commented that there are no known incidences of flooding in the vicinity. However the absence of flood reports should not be interpreted as an absence of flood risk. It is considered that insufficient information had been submitted to allow him to provide drainage and flood risk comments.
4.3 My Landscape Services Manager raised no objections to this application and confirmed that the land would have capacity to accommodate the development.
4.4 My Transportation Team Leader recommended refusal of this application due to the requirement for junction spacing of 210 metres. Transportation confirmed that due to the existing junction at Fernishaw Road and the constraints of the proposed site, there is no suitable location for an access. Furthermore, they confirmed that an access on this derestricted section of A-class road would lead to additional braking and turning manoeuvres to the detriment of road safety.
4.5 Scottish Water has no objection to the proposed application but notes that there is no provision of a drainage and water scheme to serve the development. Additionally they comment that that there are no public sewers in the vicinity of the site and it is the applicants responsibility to demonstrate that there will not be an impact on Scottish Water’s assets and that suitable water infrastructure can be put in place to support the development.
4.6 One letter of representation has been received in relation to this application. The issues raised may be summarised as follows:
1. That a previous application for the same use was refused by the Scottish Ministers; 2. That the proposed development would result in increased traffic levels on this dangerous stretch of road.
5. Planning Assessment and Conclusions
5.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
5.2 The application raises issues of a strategic and local nature and therefore must be considered in terms of both the Structure Plan and Local Plans for the area. The site is zoned as Green Belt in the Glasgow and the Clyde Valley Joint Structure Plan 2000.
5.3 The relevant policies from the structure plan are Strategic Policy 1 (Strategic Development Locations); Strategic Policy 9 (Assessment of Development Proposals) and Strategic Policy 10 (Departures from the Structure Plan).
5.4 Strategic Policy 1 The Metropolitan Development Strategy requires the continued designation and safeguarding of the Glasgow and Clyde Valley Green Belt within which there is a presumption against the encroachment of development into the countryside. The proposed development is located on a Green Belt site and is therefore contrary to Strategic Policy 1.
5.5. Strategic Policy 9 identifies a set of criteria that development proposals require to satisfy. Any proposal which fails to meet these criteria will be regarded as a departure from the development plan and should be justified against the criteria in Strategic Policy 10. Strategic policy 9 specifies that the location of the development should be appropriate in terms of the need to promote urban regeneration by giving preference to the use of brownfield urban land rather than greenfield land or open space and safeguarding the Glasgow and Clyde Valley Green Belt. As a consequence the proposed development does not satisfy criteria B(ii) (a) and (b) and B(v) to avoid isolated and sporadic developments in the Green Belt and the wider countryside. The proposal fails to meet the relevant criteria in Strategic Policy 9 and is a departure from the development plan.
5.6 Consideration should therefore be given to Strategic Policy 10 and the appropriateness of the development to a range of criteria and any other material considerations. It is not considered that a case can be made for the development under the terms of the relevant parts of Criteria A (Updated supply and demand estimates; Evidence of a shortfall in existing and planned supply of land for industrial and business developments; and specific locational need) as no justification for the development has been submitted in relation to a shorlfall of land supply or specific locational need that would justify such a development in this Green Belt location. I do not consider such a justification exists.
5.7 Similarly, when considered against Criteria B (Economic Benefit, Social Benefit and Environmental Benefit) there is no sufficient case for setting aside the development plan. The applicant has submitted no justification in terms of a need for inward investment or details of job retention and creation, the capacity for the development to be absorbed by the existing settlement or the protection or enhancement of environmental resources. The proposal is therefore contrary to strategic policy 10.
5.8 In the Central Industrial Area Part Development Plan 1964 the application site is within land zoned for Industrial Uses. Given the age of this document it is considered that more weight should be afforded the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).
5.9 The site is identified as Policy ENV 6 (Green Belt) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies ENV5 (Assessment of Environmental Impact), IND 9 (Assessing Applications for Industrial and Business Development) and Policy TR13 (Assessing the Transport Implicationsof Development) are also relevant.
5.10 Policy ENV 6 presumes against any development that will affect the character and function of the Green Belt, other than that directly associated with an appropriate rural use. The applicant has not submitted any supporting information on any specific locational requirement to justify the proposed use within the Green Belt and the proposed development does not comply with any of the policy criteria cited. As no appropriate rural justification exists the application is clearly contrary to Policy ENV 6. It is also considered that such a use would set an undesirable precedent for unjustified development in the Green Belt. Although the site had a previous history as use as a filling station, this has since ceased to operate (for a significant period of time) and there is no evidence of this use remaining on the site. As such the application must be assessed as a new development within its Green Belt zoning.
5.1 1 Policy ENV5 (Assessment of Environmental Impact) sets criteria for assessing the environmental impact of proposed development. This includes; suitability of the proposal to the character of the area in which it is set and the landscape and visual impact. While the site was once in use as a filling station, I would reiterate this has since ceased and no activity has taken place for many years. This site has effectively reverted to Green Belt status and there is no justification in support of a departure from the Development Plan. While only in outline, extensive development is proposed and it is considered that the it would adversely affect the rural character of the area and represent an incongruous urban intrusion into a countryside contrary to policy ENV5.
5.12 Policy IND 9 (Assessing Applications for Industrial and Business Development) outlines criteria which should be taken into account when assessing applications for Business and Industrial Developments. This includes 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; the extent to which vacant and derelict land is to be reused; whether significant economic benefit is offered to the plan area; suitability to the character of the area within which it is set; access to public transport infrastructure and the effect on travel patterns. The proposed development is contrary to policy IND 9 in that it is not located within an established industrial and business area and there is no case in terms of need for additional industrial and business land supply at this time and at the site. Such development should be directed to appropriately zoned sites within the urban area. In this instance, this site cannot be considered to be a vacant business site given its Green Belt zoning and taking into account that any activity ceased many years ago.
5.1 3 Policy TR13 (Assessing the Transportation Impact of Development) requires the impact of associated traffic on road safety to be assessed, as well as provision for access, parking and vehicle manoeuvring. My Transportation Section recommended refusal of the application as the proposal would require junction spacing of 210 metres and due to the existing junction at Fernishaw Road and the constraints of the proposed site there would be no suitable location for an access. Furthermore, they confirmed that any access on this derestricted section of A-class road would lead to additional braking and turning manoeuvres to the detriment of road safety. This proposal is therefore contrary to policy TRI 3 of the Local Plan.
5.14 Relevant national planning policy is contained in SPP21 “Green Belts”, which states that there will be a strong presumption against inappropriate development in the Green Belt. Exceptionally such development may be considered appropriate, either as a national priority or to meet an established need, however, there is no such justification in this case and it is therefore considered the proposed development does not meet the requirements of SPP21. SPP 15 “Planning for Rural Development” also states that Green Belts will continue to presume against most new development and play a key role in maintaining the setting and separation of towns and cities. Any proposals to release land for development, which is currently designated as Green Belt, should be part of a longer term strategic policy and set out in the development plan. The proposed development does not fall within the criteria set out in both SPP21 and SPP15 and as such is considered contrary to this national planning policy.
5.15 Some consultation responses have indicated that the details submitted are insufficient to offer a complete assessment of the proposals. Comments made by my Protective Services Section can be addressed through the imposition of conditions. My Geotechnical Team Leader confirmed that insufficient information had been submitted to further assess any flood risk. Scottish Water’s concerns could be addressed through the imposition of suitable planning conditions.
5.16 In response to the letter of representation received I would comment as follows:- 1. In relation to a previous application for the same use being refused by the Scottish Ministers, all site history relating to this site has been noted in paragraph 2.2 and taken into account through the assessment of this application. I would note that this confirms the reinforces the recommendations of this report; 2. Concerns that the proposed development would result in increased traffic levels on this dangerous stretch of road has been assessed in paragraph 5.14 above.
5.17 The proposed development is considered to be contrary to both development plan policy and the relevant national planning guidance and advice. The proposal is an unacceptable development that would adversely impact upon the character and amenity of this Green Belt site and the surrounding rural area. It would set an undesirable precedent for other isolated developments within the Green Belt and would, furthermore, be to the detriment of road safety. In view of all relevant development plan policies, national planning policy guidance and advice, I find no justification for this proposed business/industrialdevelopment in the Green Belt. It is therefore recommended that planning permission be refused. Application No: S/07/01634/FUL
Date Registered: 4th October 2007
Applicant: Mr Steven Conner 46 Bowhousebog Road Hartwood ML7 5BU
Agent Burrell Design Studio 4 Silvermuir Ravenstruther ML11 7SD
Development: Erection of Detached Dwellinghouse
Location: Land Adjacent To 46 Bowhousebog Road Hartwood ML7 5BU
Ward: 12 Fortissat: Councillors Cefferty, McMillan and Robertson
Grid Reference: 285314658563
File Reference: S/PL/BF/3/18/GS/GF
Site History: None
Development Plan: The site is zoned as HSG 8 Established Housing Areas in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)
Contrary to Development Plan: No
Consultations: Scottish Water (Comments) British Gas (Comments) Scottish Power (Comments)
Representations: 3 letters of representation received
Newspaper Advertisement: Not Required
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 Produced by North Lanarkshire Council Planning and Emrironmanl Dspt Flerning Housa. ZTrpl Rod Cu~rnauld,G87 1JW Planning Application No. S I01634 / FUL kl01236616210 I07 lax 01236616232 Erection of Detached Dwellinghouse This map 1s repioducsd Tom Oddnancs Suwey N ITutecial *h the permision d Ordnance Survey M beha8 of the Conudler of Her Mapsrfs Land Adjacent To 46 Bowhousebog Road, Hartwood Stationery mice OCimvn mpyight UtrauthoriLed reproduction ifrfringn Crown mpynght and may ksd to prosecution or c~vilproceadings Representation North Lanarkshire Co~ncii100023396 ZW4 * Reason: To ensure that the extension matches the external appearance of the existing dwellinghouse.
2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail.
That notwithstanding the requirements of condition 2 above and for the avoidance of doubt, the materials to be used on the house hereby permitted shall be smooth red facing brick with yellow brick banding and slate or a flat profile slate alternative to match the adjacent terraced row.
Reason: In the interest of visual amenity.
That the area hatched BLUE on the approved plans shall be allocated and solely used as private garden ground for 46 Bowhousebog Road and maintained as such to the satisfaction of the Planning Authority.
Reason: To ensure that the existing dwellinghouse at 46 Bowhousebog Road retains an adequate amount of private garden ground.
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.
That before the development is brought into use a dwarf wall similar in size (maximum height of 1 metre) and style to the existing front boundary wall of 46 Bowhousebog Road is erected at the front boundary of the property of the new dwellinghouse, along the boundary hatched GREEN on the approved plans, details of which shall first be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of the visual amenity of the row of houses.
7. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the dwellinghouse hereby permitted and within the curtilage of 46 Bowhousebog Road, other than that expressly authorised by this permission.
Reason: To control the amount of amenity garden ground associated with both properties. a. That the proposed 2 parking spaces as shown on the approved plans for the dwellinghouse hereby permitted shall be 6 metres in length and 2.5 metres in width and shall be completed before the dwellinghouse hereby permitted is occupied and therefore shall be retained within the site at all times to the satisfaction of the planning authority.
Reason: To ensure the provision of adequate parking facilities within the site.
9. That before the development hereby permitted starts, the applicant shall provide written confirmation from Scottish Water that all relevant approvals have been granted for connection to the local water and waste water network.
Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest SEPA guidance.
Background Papers:
Application form and plans received 4th October 2007 Letter from Scottish Water received 30th October 2007 Letter from Scottish Power received 23rd October 2007 Memo from Traffic and Transportation Team Leader received 13th November 2007
Letter from Owner/Occupier,44 Bowhousebog Road, Hartwood received 24th October 2007 Letter from Owner/Occupier, 34 Bowhousebog Road, Harthill, Shotts, ML7 5BU received 26th October 2007 Letter from Charlene Smith, 42 Bowhousebog Road, Hartwood, Shotts, ML7 5BU received 2nd November 2007
Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)
Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 302081.
Date: 29th November 2007 APPLICATION NO. S/07/01634/FUL
REPORT
1. Description of Site and Proposal
1.1 This application seeks detailed permission for the erection of a detached, one and a half storey dwellinghouse in the side garden ground of 46 Bowhousebog Road, Hartwood. The proposal involves creating a new house plot at the end of a row of terraced cottages. The plot measures 12 metres in width along the front of Bowhousebog Road, and is 35 metres in depth. The site is located in the eastern garden ground of 46 Bowhousebog Road and is bounded to the north, east and south by open space. The site slopes gently upwards from the road to the back of the site and currently consists of an area of cleared ground.
1.2 The proposed dwelling will be 9.5 metres wide and 9 metres deep, with a front garden depth of 7 metres and rear garden depth of 18 metres. The rear garden would be split down the middle, half allocated to the adjacent dwelling and half allocated to the proposed dwelling.
2. Development Plan
2.1 The site is zoned as Policy HSG8 (Established Housing Areas) 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 raised no objections to the proposal subject to conditions relating to access and parking.
3.2 Scottish Power and Scottish Gas were consulted and raised no objections to the proposal but made comments relating to apparatus in the area.
3.3 Scottish Water were consulted and raised no objections but advised that there is capacity in both water and waste treatment works for the area but there are pressure issues relating to some constraints on the water network. The developer will need to ensure that the proposal does not have any detrimental impact on the water services that they currently provide to existing customers.
3.4 3 letters of representation have been received by the owners of 42 and 44 Bowhousebog Road. Their objections can be as follows:
I. There is a communal access area which is on the title deeds for 42 and 44 Bowhousebog Road that is used for all services such as emergency services, dustbins and the delivery of coal. The proposal will block this access. ii. The applicant has recently erected a garage on the site and re-roofed the property at 46 Bowhousebog Road with concrete roof tiles. The materials used in the construction of the garage and roofing are not in keeping with the existing row of houses. Furthermore both developments were carried out without planning permission. The neighbours had been informed by the applicant that they had been granted planning permission for the re-roof i ng. iii. The proposal is not in keeping with the existing row of houses in relation to the height of the ridge of roof. iv. The proposal does not contain chimneys on the roof which are a distinctive feature along the row of cottages. V. The roof of the proposal, containing windows, is not in keeping with the existing row of houses. vi. The front door does not contain a porch feature that is common to the existing row of houses. vii. The garden at the front of the dwellinghouse is not in keeping with No. 46 path and wall. viii. The proposed materials to be used for the dwellinghouse will not match the other houses on the row. ix. The applicant has felled several mature trees along the eastern boundary of the application site. X. There are no details on construction times if the application was approved.
4. Planninn Assessment and Conclusions
4.1 Planning applications require to be assessed against the Development Plan and other material considerations. The application raises no strategic issues and must be assessed against the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005), where the site is zoned as HSG8 (Established Housing Areas).
4.2 The relevant policies are HSG8, HSGI 1 (Infill Housing Development) and TR13 (Assessing the Transportation Implication of Development), together with the Council’s minimum space standards around dwellings.
4.3 Policy HSG8 states that the Council will seek to protect the established character of existing and new housing areas. In relation to this application, residential development on the site could be acceptable in principle, subject to the detailed assessment of the proposals.
4.4 In considering applications for infill residential developments on suitable gap sites, Policy HSGI 1 applies. This explains that consideration is to be given to:
(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.
4.5 It is not considered that the proposal will detract from the established character and amenity of the existing row of houses adjacent to the application site. The proposal has been amended to incorporate aspects of the surrounding dwellinghouses in terms of their unique character such as a similar front porch, red and yellow facing brick, slate style roof and maintaining the height, size and scale of the neighbouring dwellings. It is considered that these features would achieve an acceptable level of continuity that would prevent the row of houses losing their unique character.
4.6 In relation to open space the proposal fails to meet the minimum guidelines for detached houses with regards to side garden width. However in relation to front and rear garden depth and rear garden area the proposal is considered to be acceptable. It should be noted that the proposed dwellinghouse will back onto the rear garden ground of 46 Bowhousebog Road. While this arrangement would usually be unacceptable in new housing developments this is a unique offset characteristic of back gardens along this terrace and given the unique circumstances this is considered to be acceptable. The proposal would result in a reduction in the amount of private garden ground for the adjacent house at 46 Bowhousebog Road but with an area of approximately 80 square metres retained this is still considered to be an adequate amount under the circumstances. Development of this plot completes any obvious development potential along this row of dwellinghouses. Window positions are such that there will be no overlooking. In relation to the impact on the sunlight and daylight the positioning and orientation of the proposed dwellinghouse ensures that there will not be any significant overshadowing.
4.7 The proposed dwellinghouse is a similar height, size and scale to the surrounding dwellinghouses. The streetscene elevation confirms that the proposal would be no higher than the neighbouring house at 46 Bowhousebog Road. With regards to the footprint of the house it is also considered that the size and scale will be in keeping with the surrounding properties. The original proposal contained dormer windows on the front elevation and this was not considered to be in keeping therefore the applicant agreed to replace these with velux windows. The eaves of the roof of the proposal are approximately 700mm lower than the eaves of the roof on the neighbouring property at 46 Bowhousebog Road. This will allow the applicant to get an acceptable level of floorspace in the attic and while this particular detail is different to adjacent houses it is not considered that this will have a major visual impact. At this location the choice of materials will have a major impact on the visual impact. I recommend that conditions be attached to ensure that the materials match and the applicant has agreed to this. In order to achieve a level of continuity along the row of front gardens I also recommend that a condition be attached that requires a wall to be erected along the front boundary that is similar in height and style to the neighbouring properties.
4.8 In assessing the transportation implications of a development, Policy TR 13 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 applicant has amended their proposals to achieve an adequate level of parking. My Transportation section recommended that 3 spaces be provided, however, the parking provision of the other houses along this section of the street is limited and this development will have two spaces which meet the minimum recommended dimensions. The proposal also includes revising the parking layout of the existing dwellinghouse at 46 Bowhousebog Road. This will retain two side by side off street parking bays and while the length of these spaces is short of the minimum length of 400mm there are neighbouring houses with a similar parking layout therefore this is considered to be acceptable.
4.9 On the grounds of the objections raised, I would comment as follows:
i. I do not consider that this proposal will block access to the rear of 42 and 44 Bowhousebog Road. The applicant submitted a letter from their solicitors that states that the neighbouring properties have no legal right of access across the application site. The only requirement is that the house is not constructed over any drains, pipes or cables to the adjacent properties. There would be a gap of 3 metres between the end of the terrace and the proposed dwellinghouse. Ultimately, this is not a planning matter. ii. The installation of concrete roof tiles and the erection of the garage at 46 Bowhousebog Road is permitted development under planning legislation and does not require a formal application. iii. In relation to the height of the roof ridge, as discussed in paragraphs 4.5 and 4.6 this is now considered to be in keeping with the adjacent houses. iv. I agree that chimney’s are a feature of the row of houses along Bowhousebog Road. However paragraph 4.5 concludes that this proposal achieves a design that is in keeping with this row of houses. While this specific chimney design feature has not been incorporated it is not considered that the proposal is out of character. v, vi. With respect to the roof windows on the front elevation, as discussed in paragraph 4.5, the original proposal contained dormer windows and the applicant agreed to replace with velux style windows. Such windows could be installed under permitted development rights. vii. In relation to the garden and wall at the front of the proposed dwellinghouse not being in keeping with the garden and wall at the front of 46 Bowhousebog Road the reason for this is so that the proposal can achieve parking requirements. As indicated in paragraph 4.8 the parking provision for both houses will be at the front which is similar to parking arrangements houses along the terraced row. Paragraph 4.7 concludes that a condition be attached to the consent that requires a front boundary wall of a similar height and style to the existing wall at 46 Bowhousebog Road to be erected.
viii. In relation to the proposed materials, as detailed in paragraph 4.5 the red and yellow brick with slate style roof are considered to be in keeping with the houses in the surrounding area. ix. With regards to any trees being felled within the application site I can confirm that there was no Tree Protection Order or restrictions on any of these trees therefore the planning department have no control over this.
5. In conclusion I am satisfied that the design and impact of the extensions are acceptable from a planning viewpoint and that the proposal is therefore in compliance with the development plan. Notwithstanding the objections raised by the neighbours and for the reasons stated above, it is recommended that planning permission be granted subject to conditions. Application No: S1071016351FUL
Date Registered: 18th October 2007
Applicant: Joseph Quinn 148 Netherton Road Wishaw ML2 OAR
Agent lan Keachie 72 North Orchard Street Motherwell MLI 3JL
Development: Conversion of Domestic Garage to Office I Store
Location: 148 Netherton Road Wishaw ML2 OAR
Ward: 20 Wishaw: Councillors Adamson, Love, McKay and Pentland
Grid Reference: 278030654550
File Reference: SIP L/B/2/6/GSIM M
Site History: None
Development Plan: The site is zoned as HSG 8 (Established Housing Areas) in 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 24th October 2007
Recommendation: Refuse for the Following Reasons:-
1. That the proposed change of use from domestic garage to an office and store is contrary to Policies HSG 8 (Established Housing Areas) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that it would constitute an inappropriate form of development in a residential area, would result in a detrimental impact on the character and amenity of the residential area and if approved would set a dangerous precedent for similar proposals at residential properties.
2. That the proposed use is contrary to Policy IND 9 (Assessing Applications for Industrial and Business Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that the proposal is not within an Established Industrial or Business Area and there are no deficiencies in the land supply that could accommodate such a use. Prduced by North LanarkshireCouncil Planning and Environment 0- FleminQHouse 2TwtRoad Cumbarnaull 067 1JW te 01238 et6210 fax 01238616232
This map is reproduced tram Ordnance Surrey Planning Application No S / 07 I01635 I FUL material wth the permis6 on d Ordnsm Suwey M behalf of the Controller Of Her Maierp mce Copyrlpht Una~lthon~d Conversion of Domestic Garage to Office I Store repmi~nionnfringes Cmw copyright and may lead to pvmcuwn w civil pmceea,ngs No& LaoafbhreCouncil 1wO.WgB ZW4 148 Netherton Road, Wishaw, ML2 OAR Background Papers:
Application form and plans received 4th October 2007 Memo from Traffic and Transportation Team Leader received 7th November 2007 Memo from Head of Protective Services received 5th November 2007 Southern Area Local Plan, Finalised Draft (Modified 2001,2004 and 2005) Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 302081.
Date: 30 November 2007 APPLICATION NO. S1071016351FUL
REPORT
1. Description of Site and Proposal
1.1 This application seeks planning permission for the change of use of a domestic double garage into a business office with store. The property is a two storey semi-detached dwellinghouse located in an established residential area and is bounded by dwellinghouses to the east and west, an industrial area to the north and a vacant site adjacent to Netherton shopping centre to the south. The garage is located at the back of the rear garden approximately 16 metres from the back of the dwellinghouse.
1.2 The proposed business use is a sub-contractor painter and decorators who currently have 6 employees who work independently on sites across Scotland. There would be one administrative worker based in the office during normal working hours in addition to the owner of the business. The storage aspect of the building would be for ladders, brushes, rollers and a small amount of paint with the majority of paint delivered straight to site rather than the office. A surveyor would make weekly visits to deliver paperwork, however, the office would be primarily for administrative aspects of the business with the 6 employed painters working independently. The proposed physical changes to the garage are to replace the existing sloped roof with a pitched roof and convert one of the garage doors into a door and window.
2. Development Plan
2.1 The site is covered by policy HSG 8 (Established Housing Areas) 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 raised no objections to the proposal.
3.2 My Protective Services Section has no objections subject to the requirement that any noise associated with the development should not exceed the recommended levels.
3.3 No letters of representation were received to the proposal.
4. Planninn Assessment and Conclusions
4.1 Planning applications require to be assessed against the Development Plan and other material considerations. In this instance the application is not of strategic significance and can be assessed against the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) where the site is zoned as HSG 8 (Established Housing Areas).
4.2 Policy HSG 8 seeks to protect the established character of existing housing areas by opposing development that adversely affects their amenity. Within established residential areas, non- residential uses may occasionally be permitted where they serve the need of local residents, such as child care facilities, local shops and health facilities, providing they satisfy a recognised deficiency, accord with other relevant policies and do not adversely affect residential amenity. In other instances some extremely minor business operations from dwellinghouses may not require planning permission where they are so low key that they would be considered ancillary to the enjoyment of a dwellinghouse. In this instance the existing double garage within the garden ground of the applicant’s dwellinghouse is to be converted to a business office and store for equipment. Given the details of the business provided with the application including employment of a member of staff, visits from external parties and the level of storage, I consider that the scale of the proposed office/storage use is more than ancillary to the enjoyment of the dwellinghouse. It is considered that the size of the operation is significant enough to detract from the residential character of the immediate area and by granting planning permission and formalising a business use, it would be difficult to control any business expansion or prevent visits from members of the public or clients. I do not consider the proposal to serve the needs of local residents or satisfy any recognised deficiency of such a use in the local area. Taking into account the size of the proposed office/store and associated parking and turning areas, I also consider this will significantly reduce the amount of available private garden ground for the existing dwellinghouse, which should remain the primary use of the site. I therefore consider the application to be contrary to policy HSG8.
4.3 In determining applications for industrial and business development policy IND 9 (Assessing Applications for Industrial and Business Development) states that the council will consider aspects such as whether the proposal is located within an established industrial or business area, the suitability to the character of the area, the detailed design elements and provisions made for servicing, access, vehicle circulation, manoeuvring and parking. The location of this business premises is within the rear garden of a dwellinghouse and not an area defined for any business or commercial use, where such uses should normally be directed. The physical design and visual impact of the proposal is considered to be acceptable as the external changes to the garage are not significant and there is no advertising proposed. From the front of the house the office would not be visually prominent. However, I consider that the business operations, particularly if they were to become more intensified, and the associated access and parking area would detract from what should remain the primary residential use of the site. My Transportation Team Leader raised no objections to the proposal and I consider that there is an adequate amount of parking and manoeuvring for the proposed use. For the reasons stated in paragraph 4.2 above, I do not however consider this proposal suitable to the character of the area in which it is set. While a degree of business use from a self-employed person in their dwellinghouse may sometimes not require planning permission, formalising the use in this instance is not considered appropriate. Protecting the character and amenity of existing established residential areas should remain the principle consideration.
4.5 In conclusion, it is considered that the proposal is contrary to Policies HSG 8 and IND 9 of the Southern Area local Plan Finalised Draft (Modified 2001, 2004 and 2005). Application No: S/07/01737/FUL
Date Registered: 24th October 2007
Applicant: Storage King Europe Ltd Clo Agent
Agent King Sturge LLP 6th Floor 145 St Vincent Street Glasgow G2 5JF
Development: Change of Use from Class 1 (Retail) to Class 6 (Storage and Distribution)
Location: 517 Windmillhill Street Motherwell MLI 2UF
Ward: 16 Motherwell West: Councillors Kelly, Ross and Valentine
Grid Reference: 276213656107
File Reference: S/PL/BF/I2/18/KD/MM
Site History: S/03/00398/FUL Formation of Vehicular Access - Approved 25th September 2007
Development Plan: The site is covered by Policy RTL 3 (Retail Warehouse Development) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).
Contrary to Development Plan: No
Consultations: None
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 details of the proposed signage including alterations to frontage, relating to the proposed Class 6 Use hereby permitted shall be submitted to and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to assess these details in the interests of amenity. Produced by No*h LanarkshireCouncil Fianning and Environmnl Dept Fkming House, 2 Tryst Road Planning Application No S / 07 I01737 / FUL Cu~tnruld067 IJW tei01236616210 lax 01238 816232 Change of Use from Class 1 (Retail) to Class 6 (Storage and Distribution) This mpU mprduCBd ?om Ordnance Suwey mteiiill wth the pmson Of Ordnarre Survey M behiltl afthe Canbdler Of Her Ma,esn/s 517 Windmillhill Street, Motherwell, ML1 2UF 9tationeryOffce OCranm wpyilpht Unauthonred repdudan nllnngescmwn Wpynghand may bid to pm8~cutm01 os11 piooealings Representation NOlth Lanerkshlra Counnl iooO23598 2M4 * 3. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the permission hereby granted shall relate to the use of the premises solely for a use included within Class 6 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.
Reason: To enable the Planning Authority to retain effective control of the use of the site.
4. For the avoidance of doubt with regard to the use hereby permitted, all vehicle access and egress shall be via Orbiston Street only.
Reason: In the interests of traffic safety.
5. That before development starts, details of a scheme, shall be submitted to and approved in writing by the Planning Authority which provides sufficient space within the curtilage of the application site for:- (a) th e parking and manoeuvring of cars; (b) th e loading and unloading of delivery vehicles, and (c) the provision of turning areas so that all vehicles enter and leave the site in forward gear.
Reason: To enable vehicles to enter and leave the site in forward gear at all times and to ensure the provision of adequate parking facilities within the site.
6. That notwithstanding condition 5 above, before the use hereby permitted commences; details of off-street car parking, to a provision of 0.5 spaces per 100m2which will remain separate from the service vehicle turning area shall be provided within the site, shall be submitted to and approved in writing by the Planning Authority.
Reason: To ensure the provision of adequate parking facilities within the site.
7. That before the development hereby permitted is brought into use, all areas covered by the scheme, approved under the terms of condition 5 above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of the surfacing works, and clearly marked out and shall, thereafter, be maintained as parking.
Reason: To ensure the provision of adequate parking facilities within the site.
8. That operations on the site, for which planning permission is hereby granted, shall not take place between the hours of 1Opm and 7am.
Reason: In the interest of the amenity of the site and the general area. Background Papers:
Application form and plans received 24th October 2007
Memo from Transportation Manager received 8th November 2007 Letter from Thomas & Elizabeth Caullay, 424 Orbiston Street, Motherwell, MLI 1QW received 7th November 2007
Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Glasgow and the Clyde Valley Joint Structure Plan 2000
Any person wishing to inspect these documents should contact Mr Kevin Divin at 01698 302104.
Date: 3 December 2007 APPLICATION NO. S/07/01737/FUL
REPORT
1. Description of Site and Proposal
1.1 Planning permission is sought for the change of use from class 1 (retail) to class 6 (storage and distribution) at 517 Windmillhill Street, Motherwell.
1.2 The unit is the former ‘Texstyle World’ retail warehouse which is currently vacant and is located in an area characterised by a mix of uses. Further retail warehouse uses are located directly adjacent to the west, some residential properties and 3-storey flats to the east and a tyre/exhaust/mot centre opposite to the south. The application site extends to the north right up to Orbiston Street itself. There are various car showrooms in the vicinity of Windmillhill Street.
1.3 The premises in question is a retail warehouse, with dark brown facing brick at ground floor level, metal cladding at 1st floor level and a metal flat roof. The property benefits from its own car parking to the front and a vehicular access off Orbiston Street.
1.4 The application is for the change of use of the premises only and no other details are provided of the proposed external alterations.
2. Development Plan
2.1 The site lies within an area covered by Policy RTL 3 (Retail Warehouse Development) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).
3. Consultations and Representations
3.1 The Transportation Section have advised that they have no objections to the proposal subject that all parking and service vehicles turning areas should be located fully within the site. Proposed parking bays require to be practicable and free from obstruction. A parking provision of 0.5 spaces per 100m2 requires to be provided and separated from the service vehicle turning area.
3.2 One letter of representation was received from members of the public in response to the proposed development and their views are summarised as follows:
There is a dispute ongoing with the lease holders concerning the damage caused to the objectors property when the retaining wall on the boundary was being repaired resulting in underpinning required for their home. A concern is raised regarding heavy goods vehicles driving along the road which runs parallel with the damaged retaining wall which is already in a weakened state.
The volume of traffic which already exists on Orbiston Street is extremely hazardous, on many occasions horns have been blasted and shouting at the resident when using their driveway, with roads users often forgetting the 30 mph speed limit. This would be made worse if heavy goods vehicles are to access the site.
Other businesses in the area, where vehicles are used, have drivers returning anytime from 4.30am causing a nuisance which will be exacerbated due to this proposal.
The proposal will result in a detrimental impact on their residential amenity due to further disruption this proposal will cause. 4. Plannina Assessment and Conclusion
4.1 The proposal requires to be assessed under the terms of the development plan and any other material considerations. The application is not of strategic significance and requires to be assessed against Local Plan policies. In this instance policies RTL 3 (Retail Warehouse Development), IND 9 (Assessing Applications for Industrial and Business Development) and TR 13 (Assessing the Transport Implications of Development) of the emerging Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) are relevant.
4.2 Policy RTL 3 identifies the site for retail warehouse development. However, the site is located within an established industrial and business area on Orbison Street in which the application is surrounded on three sides by other commercial premises. There are some established residential properties adjacent, however, the wider area has a mix of light industrial and business premises and the application site has until recently been in operation as a retail warehouse.
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; 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; 9 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.
4.4 In assessing this proposal against the provisions of policy IND 9, the proposals are considered to comply with points a) and b) by being located adjacent to an established commercial area which is zoned as IND 8 ‘Established Industrial and Business Areas’. The proposal seeks to bring back into commercial use an existing vacant building and resulting in an economic benefit to the area by introducing an employment opportunity, thus satisfying points c) and d). This proposal involves the re-use of an existing vacant premises with no impact on the character of the surrounding industrial area or existing travel patterns to comply points e) and 9. Points g) and h) do not apply as the building already exists with appropriate boundary treatment in place. 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 states that the Council will take account of criteria including: the impact of the development on road traffic circulation/road safety and the provision made for access, parking, vehicle manoeuvring and access for all. In this regard as indicated in paragraph 3.1 above, the applicant has demonstrated that adequate car parking and servicing provision can be provided within the site and my Transportation Team Leader has raised no objections, subject to recommended conditions, regarding the location of the premises and its access in relation to road safety and traffic generation.
4.6 In relation to the points of objection, I would comment as follows:-
1) The applicant has confirmed that heavy goods vehicles will only deliver goods to the loading dock at Orbiston Street and will not be required to use the road which runs parallel with the damaged retaining wall which is already in a weakened state. This will be used to access staff and customers parking only located to the front. The legal dispute between the objector and landowner is a private, non-planning matter.
2) This proposal would not exacerbate the volume of traffic which already exists on Orbiston Street and the site already has an established retail use which would have heavy goods vehicles delivering to the site and a greater volume of customer traffic.
In relation to the objectors’ concerns regarding potential noise issues related to the proposed class 6 use, I am satisfied that the proposal should not significantly affect the level of amenity currently enjoyed.
The proposed class 6 use will not result in a detrimental impact on the amenity levels currently enjoyed by the neighbouring residential properties. The site is zoned for commercial purposes and the amenity impact would not be significantly different from a retail warehouse.
4.7 In conclusion, it is considered that the proposed development would revitalise an existing vacant building and is considered to conform with the relevant local plan policies IND 9 and TR13. Bearing in mind the nature of the locality, it is considered that the proposal is unlikely to significantly impact on the existing levels of amenity of the surrounding properties. Notwithstanding the objections raised by the neighbour and for the reasons stated above, it is recommended that planning permission be granted subject to conditions.