1
North Lanarkshire Council
DEPARTMENT OF PLANNING AND ENVIRONMENT
Planning Applications for consideration of Planning and Environment Committee
Committee Date : 17th November I999
Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved 2 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 17TH NOVEMBER 1999
Page No. Application No. Applicant Development/Locus Recommendation
4 N/99/00369/OUT Carter Commercial Erection of Food Store with Grant (P) Developments Ltd. Associated Parking and Access Road (Outline) 1 Garrell Road Kilsyth
19 N/99/01161 /FUL Highwynd Ltd. Extension to Childrens Nursery Grant 5 Gailes Road Westerwood Cumbemauld
25 N/99/01246/FUL Mr. John Cummings Siting of Hot Food Snack Bar Grant Site adjacent Stevensons Garage Glencryan Road Cumbernauld
29 N/99/0 1248FUL K & C Melia Erection of Dwellinghouse Refuse 8 Bowling Green Road Chryston
36 N/99/0 1284/OUT Fife Group Plc Erection of Industrial Building Grant 15-23 Telford Road Lenziemill Cumbernauld
39 N/99/01302/FUL Barratt West Scotland Erection of four Terraced Grant Dwellinghouses Plots 54-56 Area G Black wood Cumbernauld
43 C/97/00468/FUL Mr A Higgins Part Change Of Use To Car Display Refuse Riggend Petrol Station Stirling Road, Airdrie
46 C/99/00236/LBC J D Wetherspoon Plc. Erection of External Illuminated Signs Grant ('2) 12 Bank Street, Airdrie.
51 C/99/00237/ADV J D Wetherspoon Plc. Erection of External Illuminated Signs Grant 12 Bank Street. Airdrie.
56 C/99/00479/FUL J D Wetherspoon Plc. HeatingNentilation Plant to New Grant Rear Flat Roof & Construction of 2nd Storey Rear Extension for Goods Hoist & Minor Alteration to Front Terrace, 12 Bank Street, Airdrie.
64 C/99/00480/LBC J D Wetherspoon Plc. HeatingNentilation Plant TONew Grant (P) Rear Flat Roof & Construction of 2nd Storey Rear Extension for Goods Hoist &'Minor Alteration to Front Terrace, 12 Bank Street, Airdrie. 3 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 17TH NOVEMBER 1999
Page No. Application No. Applicant Development/Locus Recommendation
72 C/99/00588/FUL Mr P Murtagh Erection Of 2 Storey Side Extension Grant and Removal of Two Trees, 36 Wood Street, Coatbridge.
77 C/99/00741/REM Drumbow Homes Erection of 50 Houses (Phase 1) and Giant Renewal of Outline For Residential Development (Phases 2 & 31, Land Adjacent to Low Meadowhead Cottage, Meadowhead Road, Plains, Airdrie
86 C/99/0 1145/FUL Mr Edward Young Siting Of Snack Bar Grant Land At First Entrance Gate (Western Side) Of Hornock Road, Coatbridge.
30 S/99/00386/FUL North Lanarkshire Council Change of Use of Public Lane Grant to Private Garden Ground Land Between 59\61 Dechmont Avenue and 35\37 Arran Road Motherwell
94 S/99/0080 1/OUT Wm Forrest & Son (Paisley) Ltd Construction of Food Processing Grant Unit (in Outline) Omoa Works Newarthill
99 S/99/01118/OUT Petrol Express Erection of Retail Store (in Outline) Refuse Airbles Road Filling Station 126 Airbles Road Motherwell
105 S/99/01258/FUL Mr & Mrs Nicol Change of Use of Public Open Space Grant to Private Garden Ground and Erection of Garage - 34 Morris Crescent, Dalziel Park Estate, Motherwell
I 1 r (P) N/99/00369/OUT If approved Section 75 to be concluded (P) C/99/00236/LBC If approved application to be refered to the Scoittish Ministers (P) C/99/00480/LBC If approved applicaton to be refered to the Scottish Ministers 4 Application No: N/99/00369/0UT
Date Registered: 23rd March 1999
APPLICANT: CARTER COMMERCIAL DEVELOPMENTS LTD., PILGRIM HOUSE, HIGH STREET, BILLERICAY, ESSEX
Agent: RPS Consultants, 45 Timberbush, Bernard Street, Leith, Edinburgh
DEVELOPMENT: ERECTION OF FOOD STORE WITH ASSOCIATED PARKING AND ACCESS ROAD (OUTLINE)
LOCATION: 1 GARRELL ROAD, KILSYTH
Ward No: 65 Grid Reference: 271527 677855
File Reference: MD
Site History: CN/89/0005: Extension to Industrial Building - approved February 1989 CN/89/0113: Extension to Industrial Building - approved November 1989 94/175/AD: Formation of Entrance Feature - approved October 1994
Development Plan: Kilsyth Local Plan 1983: Zoned Industrial Area (policy 5.13) Kilsyth Local Plan 1999: (To be adopted on 24th. November 1999) Zoned Industrial Area (policies IB 1852) Strathclyde Structure Plan 1995
Contrary to Development Plan: No
CONSULTATIONS:
Objections: No Objection: E;tst Dunbartonshire Council, East of Scotland Water, West of Scotland Water The Coal Authority Conditions: No Reply:
REPRESENTATIONS:
Neighbours: One Newspaper Advert: Eighteen
COMMENTS: The application is for the erection of a foodstore with associated parking at 1 Garrell Road, Kilsyth.
The site is zoned for industrial purposes in the Kilsyth Local Plan 1983 and the soon to be adopted Kilsyth Local Plan 1999.
Vehicular access to the proposed foodstore is from Garrell Road with a puffin pedestrian crossing being proposed from the store across Airdrie Road into the town centre. Improvements are proposed to the setting of the existing underpass link from the site to the town centre. Although the application is in outline, it is proposed that the supermarket has a floor area of 2,556 sq.m. For comparison purposes, this is 2%times the size of the largest existing Kiisyth town centre store (Kwik Save). 5 The site is immediately adjacent to the town centre on the opposite side of the Airdrie Road dual carriageway. It is currently occupied by an industrial unit. National policy on town centres and retailing generally supports edge of centre foodstore sites where there is no suitable space within a town centre and where the proposed food store will not adversely affect development plan strategies in support of town centres.
Due to the nature of the application a Retail Impact Assessment was required. It concluded that although there would be an estimated loss of trade to Kilsyth town centre of almost 30% (30-50% loss for town centre supermarkets and up to 10% loss for town centre independent shops), this will only result in a very limited number of unit closures and will therefore not undermine the vitality and viability of the town centre. They state that the Kilsyth town centre will still retain its quality, attractiveness and character and present a range of shops and services. It is anticipated that one existing town centre supermarket and one independent shop may close. They consider that such closures would happen in the hllness of time even without the proposed food store due to existing competition from Cumbemauld superstores.
The Retail Impact Assessment argues that the town centre supermarkets and independent shops would establish a new focus on providing an alternative shopping environment to the proposed food store and that the food store would reverse the existing large-scale leakage of Kilsyth catchment area spending to Cumbemauld superstores. The foodstore would ensure that majority of local spending is kept within Kilsyth and that there would be significant, although unquantifiable, spill over spending in the town centre from shoppers newly attracted to Kilsyth. This would counteract the loss of trade from existing town centre shops to the proposed foodstore.
There have been a considerable number of objections fiom local traders complaining that the proposed development will adversely affect the town centre. They also point out that North Lanarkshire Council and its predecessor Council have financed ongoing improvements to the fabric of the Town Centre but this positive action will be undermined by the proposed out of centre foodstore.
The initial adverse effect on the town centre must however be balanced against the need to plan for its long term vitality and viabilio.. This long term planning will require action to overcome the continuing reduction in thc rem1 unportance of Kilsyth town centre.
An independent retail review of the applicant’s proposals and their effect on the town centre has been commissioned by North LanarLshirv Council. This concludes:-
There would be a significant loss of trade from thc tom centre to the proposed foodstore; A high percentage of Kilsyth catchment area retail spendmg currently goes outwith the Kilsyth area, mainly to Cumbernauld superstores; The proposed foodstore will help Kilsyth retain much of the spending that currently goes outwith the town; It is anticipated that customer levels in the town centre will increase if there are attractive comparison goods shops. It is important to reverse existing local retail downward trends for the good of the town centre. The foodstore would be a catalyst for a change in the retail profile of the town which would ultimately be of benefit to the vitality and sustainability of the retail sector and the town centre as a whole. 6 In order for the proposed foodstore to benefit the existing town centre customers will require to be attracted across Airdrie Road and the town centre will require to be an attractive destination. In this respect improvements are proposed to the foodstorehorn centre link, to the town centre and to local landscaping. These would be achieved through planning conditions and a planning Legal Agreement.
Taking account of all relevant circumstances it is considered that the proposed foodstore is acceptable. It will bring a modem retail facility to Kilsyth which will attract shoppers back to the town and is located immediately adjacent to the town centre such that there can be spin off shopping trips to the town centre. It will be a catalyst to necessary changes within the town centre such that its role is complimentary to superstoreflarge foodstore shopping. These necessary changes outweigh the disadvantage of some trade being drawn from the town centre to the proposed foodstore.
It is recommended that outline planning permission be granted subject to a section 75 Legal Agreement under the terms of The Town and Country Planning (Scotland) Act 1997 securing works and/or a financial contribution towards projects relating links between the foodstore and the town centre, to landscaping on adjacent land and to the town centre.
RECOMMENDATION: Grant permission subject to the following conditions:
1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:-
a) the siting, design and external appearance of all buildings and other structures; b) the means of access to the site; c) the layout of the site, including all roads, footways and parking areas; d) the provision of open space; e) the details of and timetable for, the hard and soft landscaping of the site; f) details for management and maintenance of the areas identified in c), d) and e) above; g) the design and location of all boundary walls and fences; h) other phasing of the development; i) the provision of drainage works; j) the d~sposalof sewage; k) details of existing trees, shrubs and hedgerows to be retained; 1) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That within three years of the date of this permission, an application for approval of the reserved matters, specified in Condition 1 above, shall be made to the Planning Authority.
Reason: To accord with the provision of The Town and Country Planning (Scotland) Act 1997
3. That the development hereby permitted shall be started either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provision of The Town and Country Planning (Scotland) Act 1997.
4. That the development proposals to be submitted through the necessary detailed/ reserved matters application shall be based on the proposals reflected in amended plan ref PL3 with regard to strategic landscape provision, access arrangements and all other strategic matters including foodstore size, 7 foodstore location wihthe site, bus stop layby provision, pedestrian crossing over Airdrie Road, upgrading of adjacent footpath links leading to the town centre and provision of boundary treatments.
Reason: In the interest of road safety, local amenities and the effective relationshp of the foodstore with Kilsyth town centre.
5. That the foodstore shall not be subdwided into separate retail units ( a Post Office is classified as a retail unit).
Reason: In order to protect the existing town centre from competition from small retail units outwith its designated boundary.
6. That the detailed reserved matters application shall incorporate:-
a) 5 to 10 metres strategic landscaping belts adjacent to Garrell Road and Airdrie Road, landscaping between the development and Garrell Bum and landscaping on land to the east of Airdrie Road,
& b) a puffi pedestrian crossing over Airdrie Road, a new section of footpath from the pedestrian crossing to the existing footpath network and appropriate upgrading of the existing footpaths and underpass within the application site,
c) a town centre gateway structure east of Airdrie Road within the application site,
d) an industrial estate entrance structure on the northern boundary of the site,
or such other scheme as is to the satisfaction to the Planning Authority.
Reason: In the interests of the amenity of the site and the general area, in the interests of forming effective links between the food store and the town centre and to promote a redefined entrance to Burnside Industrial Estate.
7. That before the foodstore is brought into use the puffrn pedestrian crossing on Airdrie Road with associated footpath link and the bus layby on Airdrie Road, as required by condition 6 above, shall be formed.
Reason: In the interests of pedestrian safety and to facilitate the use of public transport. i 8. That the access details and parking provision shall be to the satisfaction of North Lanarkshire Council as J Roads and Planning Authority.
Reason: In the interests of road safety.
9. That the car park shall be made available for general town centre customer parking.
Reason: To help integrate the proposed foodstore into the adjacent town centre.
Note: Should the Council be minded to grant permission, the issuing of consent should await the conclusion of an Agreement between the applicant and the Council under the terms of Section 75 of the Town and Country Planning (Scotland) Act 1997. The Agreement shall require that the developer carry out works towards andor part finance agreed schemes relating to food store to town centre link improvements, landscape improvements and town centre improvements. Should the Agreement not be concluded within six months of the date of the Committee decision a further report will be made to the Committee. 8 List of Background Papers:
Application form and plans Kilsyth Local Plan 1983 Kilsyth Local 1999 (to be adopted on 24th. November 1999) Strathclyde Structure Plan 1995 National Planning Policy Guideline 8 “Town Centres and Retailing” Planning Statement submitted by RPS Cairns on behalf of the applicants Retail Impact Assessment submitted by GVA Grimley on behalf of the applicants Transport Impact Assessment submitted by JMP Consultants Ltd on behalf of the applicants Household Survey submitted by RPS Consultants on behalf of the applicants Correspondence from RPS Consultants on behalf of the applicants Correspondence from GVA Grimley on behalf of the applicants Assessment of Retail Impact Assessment commissioned from Halcrow Fox by North Lanarkshire Council Consultation letters from The Coal Authority, East Dunbartonshire Council, East of Scotland Water and West of Scotland Water Consultation memos fiom the Countryside and Landscape Manager
Letters of Representation from Kilsyth Community Council, c/o Mr H Dempsey, 35 High Craigends, Kilsyth, G65 ONS; Cheviot Investments Ltd do Cluttons Daniel Smith, 17 Dublin Street, Edinburgh, EH1 3PG; Kilsyth Town Centre Forum, do Mr D McLellan, Town Centre Initiative, Dalziel Workspace, Mason Street, Motherwell ML1 1YE; Mr J A Rennie, A Rennie & Sons, Bakers, 22 Main Street, Kilsyth, G65 OLG; Mr D Gourley, The Cross Butcher, 113 Main Street, Kilsyth G65; Mr Hassan, Hassan Newsagents, 23/3 1 Main Street, Kilsyth G65; Mr and Mrs J & I Duncan, 22 Victoria Crescent, Kilsyth G65 9BJ; Mr J Duncan, Manstyle Hairdressers, 32 Main Street, Kilsyth G65 OAQ; Mrs I Duncan, Hainvayz Hairdressers, 32 Main Street, Kilsyth G65 OAQ; J Miller, Millers Fruit Shop, 69 Main Street, Kilsyth G65; Mrs J McLachlan, Cherubs Babywear, 16a Main Street, Kilsyth G65 OJC; Ms L Maxwell, Moss Chemists, 24/28 Main Street, KiIsyth G65; The Manager, Malcolm Allan Butchers, 10/12 Main Street, Kilsyth G65; Ms J C Ranlun, Miss Jane Bridal, 618 King Street, Kilsyth G65 OAW; The Proprietor, Trendz, 16 Main Street, Kilsyth G65; Mr T Chalmers, The Aberdeen Fish Shop, 8 Backbrae Street, Kilsyth G65 ONH; Mr T McQuade, 44 Hillhead Road, Kirkintilloch G66 2HX; Mr David D. Cant, A. Cant & Son, 55 Main Street, Kilsyth, G65 OM.,D. Charteris Chemist, c/o Mary E. Wilkinson, 29 Main Street, Callander FKl 78DU.
Any person wishing to inspect these documents should contact Martin Dean on 0 1236 6 16459 9 APPLICATION NO: N/99/00369/OUT
1 SITE AND PROPOSAL
1.1 The application is in outline for the erection of a foodstore on a 1.85 hectare site at 1 Garrell Road, Kilsyth, which lies on the south east corner of the Bumside Industrial Estate and is presently occupied by The Paterson Group.
1.2 The proposal is for a foodstore of 2556 sq m, with 208 parking spaces and vehicular access off Garrell Road. A traffic light controlled pedestrian crossing is proposed across Airdrie Road along with improvements to related footpaths. Improvements are also proposed to the environment of existing footpaths and the underpass link under Airdrie Road, A bus stop layby is to be formed on Airdrie Road immediately adjacent to the store. Landscape planting is proposed along Airdrie Road and Garrell Road, adjacent to the Garrell Bum on land to the south of the proposed store and on land directly across Airdrie Road from the development.
1.3 The proposed foodstore is adjacent to Kilsyth town centre, as identified in the Kilsyth Local Plan 1999, being separated only by Airdrie Road and a narrow grassed strip. The walking distance between the entrance to the proposed store and the entrance to the nearest existing shop (Safeway) is 170 metres, with this distance being reduced to 150 metres if the Safeway car park is crossed. The distance from the nearest proposed parking space to the entrance to Safeway is 120 metres using footpaths and 100 metres taking the direct route over the Safeway car park. It should be noted that the proposed car park is for all town centre users rather than solely for the use of the proposed foodstores customers.
The applicants have achowledged the importance of strong links between the proposed foodstore and a robust town centre. They propose to contribute a total of &60,000 towards the following: the establishment of a town centre gateway feature on the eastern side of Airdrie Road; the improvement of pedestrians links from the foodstore to the town centre; the commissioning of a public art feature on the town centre link route; landscaping works at and adjacent to the proposed foodstore; the scheme to repair and bring into effective use the White House building in Main Street;and the Kilsyth Town Centre CCTV scheme.
Due to the nature of the proposal a Retail Impact Assessment and Transport Impact Assessment were submitted on the requirement of the Planning Authority.
CONSULTATIONS AND REPRESENTATIONS
Consultation response summaries are as foIlows:
The Coal Authority: Ground movement from past underground worlungs should have ceased. There are two mine entries within twenty metres of the application site. In view of the mining circumstances a prudent developer would seek appropriate technical advice before works are undertaken on site. Countryside and Landscape Manager: There are concerns about the original loss of landscaped open space adjacent to the Airdrie RoadGarrell Road junction. Proposals for upgrading the environs of the Airdrie Road underpass are welcomed along with proposals for improving landscaping adjacent to Garrell BUl-Il. East Dunbartonshire Council: No objections on the assumption that the proposal will be assessed against structure plan policies relating to retailing and industrial land. There is unlikely to be any significant adverse impact on Kirkintilloch Town Centre. Any grant of permission may set a precedent in East Dunbartonshire for supermarkets outwith town centres and on industrial land. East of Scotland Water: A water supply can be made available. West of Scotland Water: Apparatus details are provided.
2.2 There/ 10 -2-
2.2 There are no objections to the proposal from the Transportation Manager subject to the vehicular access being off Garrell Road (the original proposal was for vehicular access off Airdrie Road) and subject to a puffin traffic light controlled pedestrian crossing over Airdrie Road.
2.3 Having reviewed all retail submissions the Planning and Building Control Service Manager has no objections to the proposal. This is on the basis that: a) the foodstore passes the sequential test with there being no suitable sites within the town centre and the proposal being on an adjacent site; b) the Council's commissioned retail report supports the proposal and concludes that it will assist the long term development of the town centre; c) the town centre could be extended to include the application site; d) there is a surplus of industrial land.
2.4 Letters of objection have been received from seventeen local traders and the Kilsyth Town Centre Forum. Kilsyth Community Council have made representations stating that local traders are opposed to the
development but that there are mixed views from residents with some being concerned at the potential ' adverse effect on the town centre and others welcoming increased retailing choice and increased job opportunities.
2.5 Points of objection area as follows:-
- The proposal will have a significant adverse impact on the vitality and viability of the existing town centre. Any related closure of an existing supermarket such as Safeway or a significant loss of trade will result in a related loss of trade to independent shops. - Kilsyth Town Centre retailing is already fragile due to competition and a poor trading environment. The proposed food store is contrary to the terms of national retail planning and Development Plan retail policies. The submitted planning statement and retail impact analysis do not support a departure from existing retail policy. - The town centre is currently being re-fbrbished and upgraded through public and private spending. Th~sis progressing strongly. The proposed food store will undermine the upgrading of Kilsyth town centre by taking trade away from existing shops. A decline in town centre trading will adversely affect the town centre environment. There is no point in having an additional food store if it will mean the closure of at least one existing food store. The proposed food store is not on an edge of centre site as it is separated from the town centre by a busy road. There is unlikely to be any cross trading from the food store to the existing town centre. The proposed development will cause road safety problems with the vehicular access being too near the existing roundabout. Traffic lights will cause congestion on Airdrie Road. The proposed - development will cause congestion on Garrell Road. The Traffic Impact Assessment is flawed as it / was camed out in March and is not a tme reflection of local traffic conditions. -1 The applicants have made a case for the development through their own submissions and through commissioned Retail Impact Assessment and Transport Impact Assessment. Key supporting points which address the above objections are as follows:-
- Although there would be an estimated loss of trade to Kilsyth town centre of almost 30% (up to 50% loss for town centre supermarkets and up to 10% loss for town centre independent shops) this will only result in a very limited number of unit closures and therefore will not undermine the vitality and viability of the town centre. - The closures of town centre retail units should be anticipated in the fillness of time even without the proposed food store due to existing competition from Cumbernauld superstores. - There is existing large scale leakage of Kilsyth Catchment Area spendmg to Cumbernauld superstores.
The/ 11 -3-
- The proposed food store would ensure that the majority of local spending is kept within Kilsyth. - Kilsyth town centre would still retain its quality, attractiveness and character and would present a range of shops and services. The proposed food store would allow town centre retailing to go through the necessary changes to ensure that the town centre retains an effective role under modem shopping patterns. There would be significant, although un-quantifiable, spill-over spending in the town centre from the shoppers newly attracted to Kilsyth. This would counteract the loss of trade from existing town centre shops to the proposed food store. The Transport Impact Assessment confirms that the proposed food store will not create any road safety problems. There is no need to retain the site for industrial purposes as Glsyth has sufficient industrial land for the long term future.
- 3. DEVELOPMENT PLAN POLICIES AND NATIONAL PLANNING GUIDELINES
3.1 Given the nature and location of this proposal, policies and guidance in relation to retailing and town centres and industrial land supply are relevant. These are contained in the Kilsyth Local Plan 1999, the Strathclyde Structure Plan 1995 and National Planning Policy Guidelines.
Retailinv and Town Centres
3.2 In relation to retailing the relevant policies and guidance are listed below, with appropriate comments:
Kilsyth Local Plan 1999 (to be formally adopted on 24th.November 1999);
SC1: There will be a presumption in favour of new shopping development in Kilsyth town centre of a scale and type appropriate to its existing role. In particular, the Council will encourage the change of use of ground floor properties for retail use and the uptake of vacant units wihthe core shopping area. SC7: The Council will continue to seek to secure improvements for the Plan area’s shopping facilities by all means available, and subject to finance being made available will bring forward schemes for various improvement in partnership with the retail trade, the local Enterprise Company and other public bodies.
1 It should be noted that retail policy SC2 relates to out-of-centre rather than edge-of-centre retail and therefore is not hrectly relevant.
Strathclyde Structure Plan
RET1: The Regional Development Strategy requires that the existing shopping centres indicated in Schedule 10A (Tiers 1 to 4 of the Regional Shopping Hierarchy) be sustained and improved, and new investment in retailing shall therefore be directed to them in preference to out-of-centre locations.
Kilsyth is a Tier 4 centre in the Regional Shopping Hierarchy
RETlA: In assessing proposals for retail developments in or adjoining existing centres, authorities should have regard to their scale and appropriateness in relation to the centre concerned, and to their effects on vitality and viability of other centres.
National! 12 -4-
National Planning Policy Guideline 8 “Town Centres and Retailing”
The above guideline addresses the need to protect the vitality and viability of town centres, the sequential approach for considering retail sites and the appropriate method of assessing new retail developments. Key quotes are as follows:-
“Protecting and enhancing town centres is a key consideration which underpins Government policy. .. . In support of this policy, planning authorities should adopt a sequential approach to selecting sites for new development, with first preference always being given to development opportunities in town centres” (para. 9).
“Planning authorities and developers should adopt a sequential approach to selecting sites for new retail developments and other key town centre uses. First preferance should be for town centre sites, where sites or buildings suitable for conversion are available, followed by edge-of centre sites, and only then by out-of-centre sites in locations that are, or can be made easily accessible by a choice of means of transport” (para. 12).
“Only if it can be demonstrated that all town centre options have been thoroughly addressed and a view taken on availability, should less central sites in out-of-centre locations be considered for key town centre uses. Where development proposals in such locations fall outwith the development plan framework, it is for developers to demonstrate that town centre and edge-of-centre options have been thoroughly assessed. Even where a developer, as part of a sequential approach, demonstrates an out- of-centre location to be the most appropriate, the impact on the vitality and viability of existing centres still has to be shown to be acceptable. Furthermore, the development should be easily accessible by a choice of means of transport and not be dependent on access solely or mainly by car. The majority of customers and staff in the forecast catchment area should be served by networks for walking and cycling and regular and frequent public transport service” (para. 15).
‘Where a town centre site is not available or not suitable in terms of size, parking, traffic generation, or where there could be difficulties in providing servicing arrangements for large scale developments in the town centre itself, for example, in small or historic towns, an edge-of-centre site adjacent to the town centre should be the preferred alternative, since it should enable those shopping at the foodstore to walk to the town centre for other business. In this way it enables one trip to serve several purposes. In order to maintain and strengthen the adjoining town centre, this may require the re-use of derelict land or the re-development of suitable sites on the edge of the centre, enabling less favoured and neglected areas to be brought back into use.” (para. 3 1). f Comments:
3.3 In relation to the tests contained in the NPPG and Structure Plan, the following comments can be made:
- There are no sites within the town centre for an appropriately sized modem food store with related parking. - There are no better placed edge-of-centre sites that could accomodate the food store with related parking. - The application site can be regarded as adjoining the town centre. - The scale and nature of the proposed store is considered appropriate for a Tier 4 centre such as Kilsyth. - There is no significant impact on any other centre in the Regional Shopping Hierarchy.
3.41 13
-5-
3.4 In relation to the vitality and viability of Kilsyth town centre, it is concluded that the proposed food store is likely to benefit the town centre in the merllum to long term by; a) attracting new shoppers to Kilsyth; b) by being adjacent to the town centre with the expectation that there will be spin-off trade from the foodstore to the town centre; and c) by accelerating necessary town centre retailing changes such that it can survive in an existing superstorellarge foodstore environment by being complimentary to such stores rather than unsuccessfully trying to compete. These points are expanded in section 4 below.
3.5 Taking account of the above it is considered that the proposal complies with national planning guidelines on retailing and town centres and with Strathclyde Structure Plan retail policies.
3.6 The proposal does not fully accord with Kilsyth Local Plan retail policy SCl which presumes in favour of appropriately sized shopping development in Kilsyth town centre. There is not however any Kilsyth Local Plan policy presuming against new edge-of-centre shopping developments of an appropriate size for the Kilsyth Catchment Area, but too large for the design requirements of Kilsyth town centre.
Industrial Land SUDP~~
Kilsyth Local Plan 1999:
3.7 Relevant local plan policies are as follows:
1B1: Within the defined “Industrial Areas” there will be a presumption in favour of industrial business development. Proposals for development incompatible with the primary industrial and business use of these areas will not normally be allowed. Proposals for retail use, unless supporting or ancillary to an industrial or business use, shall require to be justified in terms of the criteria in policy SC2.
(Policy SC2 is as follows: In considering proposals for out-of-centre retail development, the Council will require to be satisfied that:- -Proposals will not individually or cumulatively prejudice the viability and Vitality of existing shopping centres; -The availability of an alternative site in or adjacent to the town centre has been fully considered; -Proposals are compatible with surrounding land uses and are acceptable in terms of the environmental impact, including on the Greenbelt; -Sites are accessible by public transport; -Parking and highway requirements are met and substantial infrastructure investment by the public sector is avoided; and -Local Plan business and industry policies are not prejudiced.)
IB2: The Council will seek to promote the Burnside Industrial Estate for major industrial investment by supporting the development for industrial purpose vacant sites, and subject to finance being made available seek to improve in conjunction with other bodies a co-ordinated programme of improvements including:-
-A new roundabout at the west end of Burnside; -Upgrading and rationalisation of fencinghoundaries; -Facelifting/recladding some of the buildings; -Provision of Directory Board; -Establishing a formal footpathJpavement at Haugh Road; -Provision and maintenance of landscaped areas.
Strathclyde/
-6- Strathclyde Structure Plan
3.8 Structure plan industrial policies which are relevant to this proposal are as follows:
IND1: The Development Strategy requires a 10 year supply of serviceable, available and marketable industrial land to be maintained in each structure plan area. This supply should take account of historic take-up rates but also reflect opportunities for local industrialhusiness development which accord with the strategy. In safeguarding and promoting such sites through local plan it is important to guard against the potentially blighting effect of excessive land allocations.
INDl A: .Non-industrial development proposals on marketable industrial land shall require to be justified against the following criteria:-
a)The scale, distribution and quality of the marketable land supply in the area; b)Prospective rates of land take-up over a ten year period; c)The shortfall in marketable industrial land identified in Policy IND2; d)The need to safeguard strategically significant locations for industrial use; e)The accessibility of the site by public transport; and f)The achievement of the requirement specified in Policy INDl will not be prejudiced by implementation of the proposal.
IND3: Local Plans shall critically review all industrial land allocations which are not readily serviceable, available, and marketable, or which exceed a ten year supply, in order to avoid unnecessary blight and assist in the transfer of surplus industrial land to alternative beneficial uses.
National Planning Policy Guideline 2: “Business and Industry”
3.9 Key objectives in the NPPG are as follows:
- To give priority to job creation and economic development; - To provide not only an adequate amount of marketable land for business and industry, but also to provide an improved choice and range in terms of quality, size and location; - To ensure that business and industrial development does not lead to unacceptable damage to the environment and that it contributes to the maintenance and where possible the improvement of environmental quality; - To seek a distribution of sites that gives greater weight to energy efficiency in terms of access by public transport including rail as well as by road; and - To gwe support to other Government policy objectives, including the development of small ’ businesses, and the needs of both indigenous and inward investment companies. . Comments
3.10 The thrust of National Planning Guidelines and Strathclyde Structure Plan Industrial policies is that a sufficient amount of effective industrial land be retained for current and medium term needs. The Structure Plan specifies this as requiring a ten year industrial land supply. Significantly greater amounts of industrial land may sterilise land from other effective uses.
3.11 Kilsyth has a minimum of 21 years industrial land supply although a more realistic figure is a minimum of 39 years industrial land supply. Much of this land would not be suitable for non-industrial use as it is within the Burnside Industrial Estate. The application site is however on the eastern edge of the industrial estate and as such may lend itself to an alternative town centre orientated use. The healthy supply of vacant industrial land in Kilsyth means that the introduction of a non-industrial use on the industrially zoned application site is acceptable under national guidelines and Strathclyde Structure Plan policies. -7- 15
3.12 The Kilsyth Local Plan presumes in favour of industrial development on the application site. There are however set criteria in Policy SC2 whereby retail development may be acceptable on industrially zoned land. The proposed food store meets the criteria in that:-
- Kilsyth town centre’s vitality and viability will not be prejudiced in the medium to long term for reasons referred to below; - There is no alternative site in the town centre; - The proposal is compatible with surrounding land uses; - Environmental impacts are acceptable; - The food store is easily accessible by public transport being adjacent to a bus route; - Parking and highway requirements are to the satisfaction of the Transportation Manager; - No substantial infrastructure investment is required by the public sector; - Local Plan business and industrial policies are not prejudiced.
I 4.13 Although the proposal is clearly against the general Local Plan objective to keep industrial land for industrial uses, the food store meets the specific criteria set for retail development on industrial land and is not therefore contrary to the Kilsyth Local Plan industrial policies.
4. OBSERVATIONS AND CONSIDERATIONS
4.1 Key areas for consideration are:-
(a) the potential for a reversal of the current outward flow of retail spending from Kilsyth; @) the potential for attracting new foodstore customers to Kilsyth town centre; (c) the effect of the proposed foodstore on Kilsyth town centre; (d) the retail future of Kilsyth town centre; (e) whether the site should be retained for industrial purposes; (f) road safety; (8) other issues.
4.2 Development plan policies and national planning guidelines were covered in Section 3
4.3 In order to allow an informed view to be taken of retail matters North Lanarkshire Council commissioned a report from Halcrow Fox, Planning Consultants, on the applicant’s Retail Impact Assessment.
a) Potential for Reversal of Current Outward Flow of Retail Spending from Kilsyth:
. 4.4 The applicants contend that almost half (46%) of retail spending by Kilsyth Catchment Area residents goes \ outwith the Kilsyth area. The main recipients of hsspending are the superstores at Cumbernauld Asda and Craigmarloch Tesco, and to a lesser extent Kirkintilloch. This trend is likely to continue with Craigmarloch Tesco having recently extended and Cumbemauld Asda having planning permission for an extension.
4.5 The high spending leakage out of Kilsyth is confirmed by North Lanarkshire’s own retail analysis. This confirms the view that the proposed foodstore is likely to draw approximately 60% of its trade from Kilsyth residents currently going out of Cumbernauld and Kirkintilloch for their main shopping. It is estimated that the remaining 40% of trade to the proposed foodstore would come from existing Kilsyth shoppers. The trade draw break down is due to the proposed food store being in direct competition with out of town superstores rather than being in competition with the much smaller existing town centre retail units. It is stated that the proposed foodstore will stock approximately 90% of goods sold in superstores. For comparison purposes, it should be noted that the proposed foodstore is 2% times the size of the largest Kilsyth town centre supermarket (Kwik Save). The proposal therefore represents an opportunity to significantly increase the retention of retail spending in Kilsyth.
b) Potentid
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b) Potential for Attracting Food Store Customers to Kilsyth Town Centre:
4.6 In order for the proposed foodstore to contribute to the good of Kilsyth town centre there needs to be confidence that a reasonable number of its customers who are newly attracted to Kilsyth as a shopping destination will also shop in Kilsyth town centre. The applicants consider that there will be significant spin- off trade to town centre traders although this is not quantified. It is contended that the spin-off trips will compensate for the anticipated direct trade loss from existing town centre shops to the proposed foodstore.
4.7 Airdrie Road widens into a partial dual camageway adjacent to the proposed foodstore and is a clear physical and psychological barrier between the foodstore and the designated town centre. Notwithstanding this barrier the foodstore and parking area are very close to the town centre being only 100 metres from the nearest town centre retail unit (Safeway). It takes only just over two minutes to walk from the foodstore entrance to the nearest town centre shop entrance with this time obviously being less between the parking area (which would be a natural starting point) and the nearest shop.
4.8 Although there can be no assurances given about linked trips by customers from the foodstore to the town centre, the applicant's retail analyst has stated that it is estimated that the food store will generate approximately 150,000 new shopping trips per annum to Kilsyth. If only 10% of new shoppers choose to go to the town centre this would generate 2 150,000 town centre spending per year based on an average of .€ 10 spend per trip to the town centre. The North Lanarkshire Council commissioned retail analysis agrees that it is acceptable to conclude that the proposed development will increase the number of shoppers in Kilsyth town centre.
4.9 In order to counteract the disadvantage of the intervening Airdrie Road it is important that the link from the foodstore/car park into the town centre is both attractive and interesting. It is proposed therefore that the following measures be put in place or part financed through planning conditions and a Legal Agreement:-
- A traffic light controlled pedestrian crossing - New section of footpath - Improvements to existing footpaths - A town centre gateway feature opposite the foodstore - A public art feature on the link route andor improved town centre directional signage - Improved landscaping on the link route.
c) The Effect of the Proposed Food Store on Kilsyth Town Centre
4.10 The applicants make clear that the proposed foodstore will take a considerable amount of trade from existing town centre shops. They conclude however that linked trips from foodstore customers new to Kilsyth will more than compensate for the drawn trade. They firther consider that initial town centre difficulties will accelerate changes necessary for the town centre to compete in a modem retailing environment.
4.11 It is contended by the applicants that the existing three Kilsyth town centre supermarkets will be worst affected as the proposed foodstore will be in competition with them. It is estimated that there will be a trade loss of between 30% - 50% for each existing supermarket. This is likely to lead to the closure of one existing supermarket.
4.12 The
-9- 17 4.12 The applicants do not consider that independent town centre traders will be so adversely affected although they will lose up to 10% of current trade. This lesser adverse affect on independent retailers is due to them already having proved reasonably resistant to Cumbernauld superstore competition. They should not therefore be in direct competition with the proposed foodstore. It is concluded by the applicants that one independent store may close although under worst scenario circumstances this may increase to three.
4.13 It is estimated by the applicants that 40% of customers to the proposed foodstore would be current town centre shoppers. The total trade loss within the existing town centre due to the proposed foodstore is estimated at 29%. This would however be compensated by new town centre customers attracted to shopping in Kilsyth by the proposed foodstore.
4.14 The analysis commissioned by North Lanarkshire Council has concluded that the adverse affect on Kilsyth town centre may be worse than predicted by the applicants. This would especially be the case for existing supermarkets. They also conclude however that there would be compensating new customer trips to the town centre based on the proposed foodstore.
d) Retail Future for Kilsyth Town Centre
4.15 The existing town centre retail policies contained within the Kilsyth Local Plan 1999 seek to promote the town centre by protecting it from retail competition outwith its boundaries. This protective strategy is however limited in that it does not protect town centre retailers from superstore competition, for example from Cumbernauld. Retailing in Kilsyth is currently under strain due to this existing competition.
4.16 The current application and the two associated independent retail analyses provide an opportunity for re- examining the best way forward for Kilsyth town centre in the medidong term rather than for the short term Local Plan focus. It is now seen that there are strong arguments for accepting a foodstore of a size which meets modem aspirations on a site as close to the town centre as is possible. The current proposal has the potential to encourage new shoppers into Kilsyth and to have a many of these new shoppers visit existing shops in the town centre. There is also the probability that the proposed foodstore will speed up changes which will allow the town centre to compliment rather than compete with superstorellarge foodstore retailing. Such changes have occurred in other town centres such as Milngavie where residents use both an adjacent superstore and the complimentary retail units in the town centre.
e) Whether the Site Should be Retained for Industrial Purposes
4. I7 The application site is a prominent part of Burnside Industrial Estate and is identified for industrial purposes in the Kilsyth Local Plan 1999. There must therefore be a presumption against any non-industrial use on the site unless it can be shown that there will be no detriment to existing and potential industrial provision in Kilsyth. 1 4.18 The current industrial occupier of the site has a workforce of 22. The company is intending to split into three parts and to re-locate in Kilsyth, Cumbemauld and Twechar. Only two job losses are anticipated.
4.19 An Industrial Land Assessment has been carried out for Kilsyth. Based on available industrial land, historical industrial land take-up rates and recent interest in vacant industrial land, it is calculated that there is a minimum 21 year supply of industrialhusiness land serving the needs of Kilsyth. This figure assumes that all recent interest in industrial land will result in development. Using a more realistic 50% conversion of expressions of interest to actual development there is a 39 year industrial land supply.These calculations assume that the application site is deleted from the Industrial Land Supply and an equivalent amount of industrial land is taken up through the re-location of the current occupier.
4.20 The/
-10- 18 4.20 The Strathclyde Structure Plan requires through Policy IND1 that there be a ten year supply of serviceable, available and marketable industrial land maintained in each area. It can be seen therefore that even with the application site taken out of industrial use Kilsyth has a healthy industrial land supply. It is not therefore considered that there are strong industrial planning grounds for opposing the proposed development. Th~sis particularly the case as the site has alternative advantages due to its closeness to Kilsyth town centre.
9 Roadsafety:
4.21 The original proposal was for vehicular access off Airdrie Road via a traffic light controlled junction. A Traffic Impact Assessment indicated that the proposed junction along with surrounding roads and junctions would operate within acceptable limits. Notwithstanding the terms of the TrafKc Impact Assassment concern was expressed to the applicants about the road safety and traffic flow disadvantages of a new vehicular junction onto a busy road. The applicants have therefore submitted revised proposals with separate customer and delivery accesses off Garrell Road. There would be a traffic light controlled pedestrian crossing over Airdrie Road. This is acceptable to the Transportation Manager.
g) Other Matters:
4.22 The applicants have stated that approximately 250 full and part time jobs will be created. Although this would obviously be welcomed in Kilsyth it has not been treated as a significant factor in determining the application. The employment figures may be optimistic and there may be related losses of employment in existing shops adversely aff'ected by the proposed development.
4.23 Some improvement has been negotiated in strategic landscape planting adjacent to Airdrie Road and Garrell Road. Although a greater width of planting at Airdrie Road would benefit the local streetscape it is recognised that there are competing space requirements of foodstore floor space and car parking. It is considered that the negotiated strategic landscaping position is reasonable.
5. CONCLUSIONS
5.1 The key issue is whether the proposed edge-of-centre foodstore will unacceptably affect the vitality and viability of Kilsyth town centre. Through carefbl consideration of the two Retail Impact Analyses it is concluded that the foodstore should be beneficial to Kilsyth town centre in the medium to long term. It will bring Kilsyth residents back into the town to do their shopping, it is adjacent to the town centre therefore many new foodstore shoppers should also be attracted to the town centre and it will be a catalyst to necessary town centre retail changes such that the town centre has a healthy role complementing the superstores and large foodstore in Kilsyth and Cumbemauld.
5.2 It is considered that the proposed foodstore will be beneficial to Kilsyth and that it accords with relevant Development Plan policies and National Planning Guidelines. Taking account of the above, it is . recommended that planning permission be granted. r
5.3 Any grant of permission should be subject to the developers entering into a Legal Agreement concerning . improvements to/part funding of specified projects relating to the route between the foodstore and the town centre, to landscaping and to the town centre. 19
Application No: NI9910 1161/FUL
Date Registered: 2nd. September 1999
APPLICANT: HIGHWYND LTD., 14 GAILES ROAD, CUMBERNAULD G68 OJJ
Agent: T.H.R. Aulds, 14 Gailes Road, Cumbernauld G68 OJJ
DEVELOPMENT: EXTENSION TO CHILDREN’S NURSERY
LOCATION: 5 GAILES ROAD, CUMBERNAULD
Ward No: 57 Grid: 275831 - 676140 File Reference: GL Site History: PA95/27 - Redevelopment of Carrickstone Farm granted 12th. March 1996 (by Cumbernauld Development Corporation)
Development Plan: Zoned as a site for new shopping development in the Cumbemauld Local Plan
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Transco, East of Scotland Water, West ..of Scotland Water, Scottish Power and Department of Education No Reply: Conditions:
REPRESENTATIONS:
Neighbours: No response Newspaper Advert: Not required
This application proposes an extension to the existing children’s Y COMMENTS: Nursery at Carrickstone Farm. The extension will enable the nursery to cater for 12 additional children (0-2 years of age).
The proposed extension is to the rear of the property (when viewed from Gailes Road) and will increase the floor area of the nursery. The positioning and design of the extension is acceptable in planning terms. No objections have been received but the Transportation Manager has advised that he would have no objections subject to nine additional car parking spaces being provided. The existing layout is such that an additional nine spaces cannot .be accommodated within the nursery car park. This issue is addressed in detail in the accompanying report.
It is considered that the proposed development is acceptable in planning terms and it is recommended that planning permission is granted.
Recommendation Produced by N/99/0116l/FUL Depament of Planning and Environment HIGHWYND LTD Northem Division CARRICKSTONE FARM !Y._w_...... GAILES ROAD WESTERWOOD CUMBERNAULD dJMMhKNAULU- G67 &TENSION TO CHILDRENS NURSERY I ID2 Ree-4 horn Du 0r6nanu SWqMWW *)m I j h.s~.t~n.~ pnnWOnomce or aDu cr- CeMmIYt cowr%nt 01 Mr H.WI Telephone 01236 616400 Fa.01236 616420 21
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RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.
~ Reason: In the interest of the amenity of the site and the general area.
3. That before development starts, a scheme shall be submitted for the written approval of the Planning Authority, including any modifications as may be required which details the manner in which the existing car park will be altered to ensure that at least 14 car parking spaces are provided. For the avoidance of any doubt, the scheme shall include details on how the car parking spaces will be identified and marked out.
Reason: To ensure the provision of adequate parking facilities within the site.
4. That before the development hereby permitted is completed, the car park shall be altered in accordance with the details approved under the terms of condition 3 above.
Reason: To ensure the provision of adequate parking facilities within the site.
5. That before the development hereby permitted starts, a scheme of landscaping covering all areas of ground within the application site that will be affected by the works, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures ‘i for their protection in the course of development (d) details of the phasing of these works.
Reason: In the interest of the amenity of the site and the general area.
6. That within one year of the completion of the extension hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interest of the amenity of the site and the general area.
List/ 22
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List of Background Papers:
Planning application form and plans Consultation responses from Transco, letter dated 9th. September 1999; East of Scotland Water letter, dated 14th. September 1999; West of Scotland Water, letter dated 15th. September 1999; Scottish Power, letter dated 28th. September 1999; Transportation Manager, memo dated 15th. October 1999 and Department of Education, letter dated 13th. October 1999. Cumbernauld Local Plan (adopted 1993).
Any person wishing to inspect these documents should contact Graeme Lee on 01236-616474 23
APPLICATION NO: N/99/01161/FUL
1. SITE AND PROPOSAL
1.1 The proposed development involves an extension to Carrickstone Nursery to provide additional facilities to enable the formation of a ‘baby unit’. This will allow the existing nursery to cater for an additional 12 children (aged 0-2 years). The proposed extension is to the rear of the existing nursery. The extension has been designed to match the existing building.
1.2 The application site is in a residential area to the south of Eastfield Road. The application site is part of the former Carrickstone Farm which is being developed under the terms of an approval from the Cumbernauld Development Corporation. The nursery itself is the larger part of a building that also includes a shop. The Local Plan zones the site as being for a local shopping centre.
2. CONSULTATIONS
2.1 The neighbour notification process has not elicited any representations. Of the consultees, only the Transportation Manager raised any concerns regarding the proposed development. He advises that subject to an additional nine car parking spaces being provided, he would have no objection to the proposed development.
3. OBSERVATIONS
3.1 The Transportation manager has advised that the proposed development necessitates the provision of an additional nine car parking spaces. This number has been arrived at on the basis of there being an additional three members of staff and an additional twelve children. The nursery car park currently has four formally marked out spaces but can easily accommodate nine cars. There are also four spaces in front of the building primarily for the use of customers of the shop.
3.2 The requirement for nine car parking spaces is based upon a response to the traffic and parking issues at children’s nurseries. In order to address these problems it has been recommended that there should be one car parking space per member of staff and one car parking space for every two children. The applicant argues that this requirement is excessive and unnecessary given that the dropping off and picking up of children takes place over extended periods of time in the morning (7.30 a.m. - 10.30 a.m.) and at night (4.00 p.m. - 6.00 p.m.1. The applicant also advises that only 4 of the current contingent of 8 staff use the nursery parking area. This leaves five car parking spaces for use by clients of the nursery. The applicant advises that even with the proposed increase in children and staff, this car park will be sufficient.
3.3 The case officer observed traffic movements at the nursery on three occasions over the space of a week (both in the morning and at night). This confirmed that the car park currently appeared to be coping with the level of usage and that the fact that not all of the children are dropped offlpicked up at the same time means that at no time were there more than nine cars in the car park. Also, no parking occurred on the street so there would appear to be no readily identifiable traffic problems associated with the current operation of the nursery. This would appear to be borne out by the fact that to date no complaints have been received and no representations have been made by those neighbours notified of the application.
3.4 It/ 24
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3.4 It is considered that given the current car park would appear to function adequately for the existing numbers (27 children and 8 members of staff) the requirement even for up to 9 extra spaces would be difficult to justify. It would appear to be possible to accommodate 5 additional spaces within the existing car park and this will require the removal of some of the existing landscaping. It is considered that despite the comments of the Transportation manager, if 5 additional spaces are provided, then for the majority of occasions and if current patterns persist there will be sufficient off- road car parking at the nursery.
3.5 It is considered unlikely that there would ever be a level of on-street parking associated with the nursery that would justify refusing planning permission on the grounds of loss of residential amenity. Also, it is worth noting that the nursery is situated towards the end of Gailes Road which. is a no through road, so even if on-street parking were to occur, it would be at a position beyond the majority of the existing dwellings on Gailes road. The applicant resides in the renovated farmhouse (14 Gailes Road) and only one other dwelling is situated beyond the nursery (16 Gailes Road).
3.6 In all other regards the proposed extension is acceptable in planning terms. The extension is designed to match the existing building in terms of appearance.
4. RECOMMENDATION
4.1 That notwithstanding the views of the Transportation Manager it is considered that if 5 additional car parking spaces were to be provided, then on the majority of occasions there would be sufficient off- road parking spaces. Furthermore, it is considered that even if there are limited periods during which parking related to the nursery takes place on the public road this would be unlikely to be at a level that would have so significant an effect on residential amenity as would justify refusing planning permission. Accordingly, it is recommended that planning permission is granted. 25
Application No: N/99/01246/FUL
Date Registered: 21st. September 1999
APPLICANT: MR. JOHN CUMMINGS 2 OXGANG PLACE KIRKINTILLOCH
Agent:
DEVELOPMENT: SITING OF HOT FOOD SNACK BAR
LOCATION: SITE ADJACENT STEVENSONS GARAGE GLENCRYAN ROAD CUMBERNAULD
Ward No: 60 Grid: 276638674154 File Reference: GC Site History: No previous applications
Development Plan: Zoned existing industrial business area in the Cumbemauld Local Plan, Policy IB1 Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: No Reply: Conditions:
REPRESENTATIONS:
Neighbours: No response Newspaper Advert: One letter of objection from nearby business
COMMENTS: This retrospective application is for the siting of a mobile snack bar on a slabbed area adjacent to Stevensons Garage, 9 Glencryan Road Cumbemauld. The snack bar had previously been sited on the road, adjacent to the entrance into a bus depot which operates from the unit on the opposite side of the road. Prior to that the applicant had run his business from the yard now used by Beatsons Building Supplies. A letter has been received from the operator of a snack bar sited further along Glencryan Road, to the east. Details of the points raised in the letter and my comments and observations on both them, and the proposal, are contained in the accompanying report.
Recommendation/ i Produced by N/99/01246/FUL Deparlmenlof Planning and Environment MR CUMM’NGS 1 Letter of Representation LANARKSHIRE Northem Dimion GLENCRYAN ROAD Received Bmn Way CARBRAIN CUMBERNAULD CUMBERNAULD 067 1 DZ PROPOSED HOT SNACK BAR Reproarua tmm m OIenaK. smc*MPriig rran FOOD hc plrmdn OIW Conmmr 01 ~rrM*wvs 01236 Fax spI1Dm.y QnKe 0 cmrn CWmM Telephone 616400 01236616420 1 1:1500 amurvvmonvd my kaa rrproaustan10 DIO-=AD~ ,(rho.,oru~ll proondnacrow mw*npht 27
-2-
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the permission hereby granted is for a temporary period only and shall expire on 17th.November 2001.
Reason: To enable the Planning Authority to review the development in the event of changes to the design and layout of the industrial estate and its access arrangements
2. That no signage advertising the mobile snack bar shall be placed on the public road or footway.
Reason: In order to prevent obstacles being placed on the road or footway to the detriment of road safety.
3. That the design and location of any fences or walls to be erected shall be submitted to and approved in writing by the Planning Authority, prior to such work being undertaken
Reason: To allow the planning authority an opportunity to consider these matters, in the interests of visual amenity and public safety
List of Background Papers:
Planning application forms and plans Consultation response from Tranportation Manager dated 15/10/99 Cumbernauld Local Plan (Adopted November 1993) Letter from Mr. A Norris dated 24110199
Any person wishing to inspect these documents should contact Mary Stewart at 01236 616476
Comaps/9901246F/4mh/jk 28
APPLICATION NO: N/99/01246/FUL
1. SITE AND PROPOSAL
1.1 This retrospective application relates to the siting of a mobile snack bar on an area of hard standing which has been formed adjacent to the site of Stevensons Garage in Glencryan Road, Cumbernauld. The snack bar had originally operated from the yard now used by Beatsons Building Supplies. When they took over the premises the applicant moved his snack bar onto Glencryan Road, adjacent to the entrance into the Bus Station. The site proposed in the current application is a grassed area on the south west boundary of the unit at 9 Glencryan Road, occupied by Stevensons Garage. It is not part of the public highway and the ground has been slabbed in order to provide a hard standing for the snack bar.
2. CONSULTATIONS AND OBJECTIONS
2.1 The Transportation Manager has advised me that he has no objections to the siting of the proposed snack bar at this location
3.1 A letter was received from the operator of a snack bar situated further along Glencryan Road, to the north east. In the letter attention was drawn to the following points
(1)The plans do not include any details of the fence which the applicant proposes to provide. (2)The plans do not refer to the applicant’s plans to pave the site. (3)The letter suggested that Stevensons Garage were proposing to add a gate to their premises which would be in close proximity to the application site. (4)The letter suggested that the Garage were concerned at the proposal.
3. OBSERVATIONS AND CONCLUSION
3.1 With regard to the points raised in the letter, I have recommended that a condition be imposed regarding the submission of details of the design and location of any fences to be erected, prior to any work being undertaken. The slabbed area has already been formed by the applicant and 1 am satisfied that it is a satisfactory surface from which to operate the snack bar. The Transportation Manager has not indicated that he has any objection to the works already done at the site. I am not aware of any proposals by the garage to add a further entrance. If, however, they did propose to carry out these works then a planning application would be required. The impact of the location of the snack bar - would have to be considered at that time. Finally, Stevensons Garage have been notified of the 6 application and it was advertised in the local press. No objections have been received from the garage. I have recommended, however, that a temporary consent be granted in order to allow the Planning Authority an opportunity to review the position in the event of circumstances changing within the estate.
3.2 The application site is within an established industrial area and there are no objections, in principle, to the operation of a snack bar from this area. The previous site occupied by the applicant was close to the entrance into the bus station. In response to concerns which were raised regarding the siting of the snack bar, close to a junction, officers from both planning and roads contacted the applicant. Following discussions the proposed site was identified as a potentially more appropriate location. Whilst the applicant has chosen to relocate in advance of the proposal being considered I am satisfied that the proposed site is a suitable location from which to operate a snack bar. The Transportation Manager has no objections to the proposal and no objections, which would warrant refusal of the application, have been received in response to either neighbour notification or the press advert. I would recommend therefore that permission be granted subject to conditions. 29
Application No: N/99/0 1248FUL
Date Registered: 20 September 1999
APPLICANT: MR K MELIA 25 BLAIRDENNAN AVENUE MOODIESBURN
Agent: G.M Robb Treetops Kilns Road Fakirk FK15SA
DEVELOPMENT: THE ERECTION OF NEW DWELLINGHOUSE
LOCATION: 8 BOWLING GREEN ROAD, CHRYSTON
Ward No: 69 Grid Reference: 26854 1 6697 18
File Reference: MT
Site History: N/98/0 1669EUL- Erection of New Dwellinghouse Refused 16 March 1999.
Development Plan: Strathkelvin District(Southern Area) Local Plan 1982 Policy EPRO 6 - Unaffected by Specific Proposals, Policy EPRO 7 - Development Control within Residential Areas. Policy PH3 - Small Scale Developments. Northern Corridor Local Plan (Consultative Draft) 1998 Policy HG3-6 - Development Control within Residential Areas.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water, Coal Authority. Conditions: No Reply:
REPRESENTATIONS: Neighbours: Five letters of representation. Newspaper Advert: Not required -ootball Ground
'roduwd by >lanningand Development Deparlment PLANNING APPLICATION NO N/99/01248/FUL LANARKSHIRE dorlhem Divismn PROPOSED DWELLING HOUSE 3mn Way 8 BOWLING GREEN ROAD. CHRYSTON XJMBERNAULD NS6869 X7 1DZ RmdllDm ht hdnma SWqMQPq W rn prmau~nefacCorPmlkr.llllrM.mNI wtmmy omm o cran mmn relephone 01236 616400 Fa 01236 616420 OBJECTORS : 250 UI~YVIOID.~repdmm mlrinps Cmwn mwnghl Thls wpy has been produced speuiically for Planning and Building Control purposes Only ~~~,~k~~i~~~b"~,~h~-~ IS bcenca LA 09041L No further copies may be made 31
COMMENTS: The application under consideration proposes the erection of a detached dwellinghouse within land which formerly comprised the rear garden area of the existing dwellinghouse at 8 Bowling Green Road. A previous similar application was refused permission in March 1999.
While the erection of a dwelling is, in purely land-use terms, in conformity with adopted and emerging local plan policy, the proposal cannot be said to be in accordance with the detailed requirements the relevant policies set out. In particular, the erection of a house at the site would detract from the established character of the area and would be likely to adversely affect the privacy and amenity of 6 and 8 Bowling Green Road. The constraints of the site are also such as to create an unacceptably poor level of residential environment for the proposed dwelling itself. In addition, the proposal to take access from a sub-standard, non adopted road which is at present subject to considerable on-street parking is also likely to lead to a reduction in road safety.
A number of representations have been received objecting to the proposals on the basis of the proposal’s adverse and unacceptable impact.
All in all the development as proposed is unacceptable and accordingly permission should be refused.
RECOMMENDATION: Refuse for the following reasons:-
1. In the interests of amenity in that:
(a) The size of the plot would not permit development of a standard which chnctenses
4 housing wibthe immediate vicinity of the site i.e. large houses set wittun sp3-ctous mature gardens. The proposal would therefore be out of keeping with the established character of residential plots in this area.
(b) The proposed house would be extremely close to the eastern, western and northern plot boundaries creating a cramped and overdeveloped setting for both the proposed house and those at no’s 8 and 10 Bowling Green Road. In addition the proposed house u.ould not only significantly reduce the privacy within the rear garden area of the dwelling at 6 Boulmg Green Road. but would in addition create an unacceptably poor level of residential environment for the proposed dwelling itself.
(c) The proposal would deprive the existing dwelling at 8 Bowling Green Road of an adequate and reasonable private rear garden area to the detriment of its setting and the levels of privacy and enjoyment which would normally be expected.
I:\PLAMMORAYLREPORTS\BOWLINGl.DOC 32
2. In the interests of public safety in that the application site proposes to take access from a private road which is substandard in terms of its construction and being without footways and which is at present subject to considerable on-street parking. The proposal is therefore contrary to Policy HG5 (6) of the consultative draft Northern Corridor Local Plan which states that developments of 3 or more dwellings should be served by a road constructed to an adoptable standard.
3. The proposal, if approved, would be likely to encourage firther applications for similar developments which would be unacceptable for the reasons stated above.
Background Papers: Application Form and Plans Strathkelvin District(Southem Area) Local Plan 1982. North Lanarkshire Council Northern Corridor Local Plan consultative draft 1998. Letters of representation received on 28,29 September, I, 5, 11 October 1999.
Any person wishing to inspect these documents should contact Moray Thornson at 01236 6 16463.
I:\PLAN\MORAT\REPORTS\BOWLR\JG1.DOC 33
APPLICATION NO. N/99/01248/FUL
1.o PROPOSAL AND SITE
1.1 The application proposes the erection of a single dwellinghouse within land which currently comprises the rear garden of the property at 8 Bowling Green Road, Muirhead. A similar proposal was refused permission in March 1999 on the grounds of the resulting loss of amenity and impact upon road safety. The current application refers to the same site but proposes an amended house design.
1.2 The application site falls within an area which is overwhelmingly residential in character and in terms of local plan policy, unaffected by any specific proposals. The Strathkelvin District (Southern Area) Local Plan states that within such areas no major change is envisaged and that fbture development proposals will be considered on merit and in terms of local planning criteria.
1.3 Policy PH3 - Small scale developments - is of particular relevance and states that the construction of individual houses will be supported where it can be demonstrated that detailed planning considerations such as design, size of plot, access and relationships with surrounding land uses are acceptable. The proposed replacement for this plan, the Northern Corridor Local Plan, which is in consultative draft form states that applications for residential development shall be considered against criteria including the development plan and the impact on the locality.
2.0 CONSULTATIONS AND REPRESENTATIONS
2.1 Summaries of consultation responses are as follows:-
Coal Authority : No objections West of Scotland Water: No objection subject to conditions Transportation Manager: Recommended refusal of the application on the grounds of public safety
2.2 A total of five representation were received four from neighbouring proprietors and one from Chryston Community Council. The terms of the representations are as follows:
1) The proposal will lead to a reduction in road safety and a worsening of existing parking problems. 2) The proposal would lead to the overshadowing of and a reduction in privacy within the properties at 6 and 10 Bowling Green Road. 3) The proposal constitutes backland development. 4) The proposed dwelling would cause severe restrictions to the access to our property. at 2 Bowling Green Road. 5) The appearance of the new dwellinghouse is totally out of character with surrounding properties. 6)The windows at upper floor level would overlook our garden. 7) Entry to the site is by means of an unadopted road and narrow back lane. Adjoining householders should not be subjected to the risks of damage to the roadway or blockage of access lane to their homes. 34
Comments upon the consultations and representations are as follows:
1) The Transportation Manager considers that the site cannot be developed without adversely affecting road safety. In particular, the proposed dwelling takes access from an unadopted road which already serves a number of properties and is subject to considerable on street parking. To approve the current application would be to exacerbate existing difficulties. Notwithstanding this, the provision of parking within the site itself will significantly reduce the available garden area, further emphasising the cramped and overdeveloped appearance and setting for the property.
2) It is considered that the proposed location of the house would overshadow the property at 10 Bowling Green Road and in addition adversely affect the level of privacy currently enjoyed within the rear garden area of 6 Bowling Green Road.
3) Although the proposal does not fall within the normal definition of backland development in that it is not situated immediately behind another house and sharing the same access, nonetheless a number of the same problems would arise, namely the use of a sub-standard private access, an adverse impact upon the established character of the area and a reduction in privacy.
4) The proximity of the dwelling to the lane leading to numbers 2,4 and 6 Bowling Green Road would reduce forward visibility to road users and pedestrians thereby exacerbating existing difficulties.
5) The proposed dwellinghouse owes little to the character, finish or appearance of the existing dwellings which characterise the area or to the existing pattern of development.
6)The site constraints are such that the location of the proposed house would lead to the overlooking of the rear garden area of 6 Bowling Green Road and to a reduction in the enjoyment of the rear garden area.
7) The site fronts onto and is accessed via an unadopted road. Whilst thi. issues of upkeep and maintenance are essentially a matter for the owners of thc road. the policy within the emerging Northern Corridor Local Plan is to rquirc ht developments of 3 or more dwellings be served by a road constructed and designed to an adoptable standard. The number of dwellings served b! Botvlmng Green Road already exceeds this figure and to increase it fbrther Lvould exacerbate local difficulties.
3.0 DISCUSSION AND CONCLUSION
3.1 The Strathkelvin District (Southern Area) Local Plan recognises the potential within the built up area for small infill developments. Policy PH3 sets out the criteria which require to be satisfied. In general terms any plot must be sufficiently large and be of a
I:WLANWORAY\REPORTS\BOWLING1.DOC 35
shape which can be developed in a manner in keeping with the area. In addition access arrangements must be satisfactory.
3.2 The proposal under consideration does not satisfy the foregoing criteria. Whilst physically the application site is in terms of overall size capable of accommodating a dwellinghouse, the plot is nonetheless of inadequate dimensions to provide a development which can be said to be in keeping with the existing pattern of development within the area. In particular the area within which the site is located is characterised by large villas occupying a spacious setting within mature gardens. The proposal under consideration however fails to respect this pattern. The proposed house would be extremely close to the eastern, western and northern plot boundaries creating a cramped and overdeveloped setting for both the proposed house and neighbouring properties. In particular, the existing house at 8 Bowling Green Road would be deprived of an adequate and reasonable private rear garden area commensurate with the needs of the house and consistent with similar properties within the area. The proposal would therefore detract from the local built environment.
3.3 The proposed house would, by virtue of its positioning and orientation significantly reduce the privacy within the rear garden area of the dwelling at 6 Bowling Green Road but would in addition create an unacceptably poor level of residential environment for the proposed dwelling itself.
3.4 The proposal also fails to satisfy the criterion regarding access arrangements. The Transportation Manager has confirmed that no further access should be taken from Bowling Green Road, a private road which is without footways and is sub-standard in terms of its construction. To approve the proposal would therefore exacerbate an already unsatisfactory situation to the detriment of public safety. The proposal is also contrary to the terms of Policy HG 5 of the consultative draft Northern Corridor Local Plan whlch seeks to limit to three, the number of dwellings taking access from roads which are not adopted.
3.5 The proposal if approved could set an undesirable precedent for other similar developments which would be unacceptable for the reasons stated above and which cumulatively would lead to a significant reduction in levels of public safety.
3.6 It is considered that the development as proposed is unacceptable. The amendments incorporated since the previous refusal of permission fail to satisfactorily address the concerns reflected within the reasons for refusal. Quite simply, the site is incapable of accomodating a dwellinghouse which would satisfy the criteria set out within policy PH 3 of the adopted local plan. Accordingly permission should be refused.
I:\PLAMMORA~PORTS\BOWLING1.DOC Application No: N/99/01284/OUT
Date Registered: 28th. September 1999
APPLICANT: FIFE GROUP PLC 67 NEW STREET SALISBURY WILTSHIRE
Agent: Montagu Evans 216 West George Street Glasgow
DEVELOPMENT: ERECTION OF INDUSTRIAL BUILDING
LOCATION: 15-23 TELFORD ROAD, LENZIEMILL CUMBERNAULD
Ward No: 60 Grid: 276187673448 File Reference: GC Site History: No previous applications
Development Plan: Zoned existing industrial business area in the Cumbemauld Local Plan Policy IBI
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: No Reply: Conditions:
REPRESENTATIONS:
Neighbours: No Response Newspaper Advert: Not Required
COMMENTS: This outline application is for the erection of a replacement industrial building which would be built following the demolition of the unit which currently occupies the site. The existing property is in very poor . condition and includes a single storey, steel frame building, accessed via an enclosed yard, which is shared with the neighbouring unit. The Transportation Manager has not objected to the proposal. The site is within an area zoned for industrial use and there is no objection, in principle, to the erection of a replacement building which would provide a better quality unit. The application, however, is only in outline, without details having been added regarding design, layout, access or parking. In addition the applicant, at this stage, is only seeking a decision on the basic principle of industrial development. I have recommended, therefore, that permission is granted subject to a condition reserving all these matters.
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development shall be started either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later
Reason/
38
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:-
(a) the siting, design and external appearance of all buildings and other structures (b) the means of access to the site (c) the layout of the site, including all parking areas (d) the details of, and timetable for, the hard and soft landscaping of the site (e) details of management and maintenance of the areas identified in (d) above (f) the design and location of all boundary walls and fences (g) the provision for loading and unloading of all goods vehicles (h) the phasing of the development
Reason: To enable the Planning Authority to consider these aspects in detail
List of Background Papers:
Planning application form and plans Cumbernauld Local Plan
Any person wishing to inspect these documents should contact Iain Ewart on 01 236-616472 39
Application No: N/99/0 1302fFUL
Date Registered: 4th October 1999
APPLICANT: BARRATT WEST SCOTLAND 7 MAGGIE WOODS LOAN FALKIRK.
Agent: Wilson & Wilson Architects Amott Grange 3 Maggie Woods Loan, Falkirk FKl 5SG
DEVELOPMENT ERECTION OF FOUR TERRACED DWELLINGHOUSES
LOCATION: PLOTS 54-56 ,AREA “G”, BLACKWOOD, CUMBERNAULD
Ward No: 67 Grid: 271890 674069 File Reference: IE Site History: Planning permission granted under ref N/97/00327/FUL for the erection of 170 dwellinghouses Further planning application granted under ref N/98/00226/FUL for the erection of two further houses .
Development Plan: Cumbemauld Local Plan: Policy HG5C: Sites for new housing development Westem Extension Area.
Contrary to Development Plan: No.
CONSULTATIONS:
Objection: No Objection: West of Scotland Water British Gas Transco No Reply: East of Scotland Water Scottish Power Conditions:
REPRESENTATIONS:
Neighbours: One letter of objection from a neighbouring resident. Newspaper Advert: No advert required
COMMENTS: It is proposed to substitute two three-bedroomed semi-detached Palmerston house types and a 4-bedroomed Gloucester detached house type with four two-bedroomed plus box room terraced houses All of the houses involved are two storeys in height. One letter of objection has been received from a neighbouring resident but none of the grounds of objection relate to the effect that these changes will make. The changes to the previously approved scheme applied for are minor and acceptable and I therefore recommend approval.
RECOMMENDATION: Grant, subject to the following conditions; 1/ CUMBERNAULD G67 ID2 Telephone 01236 616400 Fax 01236 616420 41
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason; To accord with the provision of the Town and Country Planning (Scotland) Act 1997
2. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason:In order to allow the Planning Authority to consider these details.
3. That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course level.
Reason:In order to ensure adequate access for future residents.
4. That before development starts details of a drainage scheme for the area hatched blue on the approved plans shall be submitted to and approved by the Planning Authority.
Reason:To prevent water from the plots running into adjoining plots to the detriment of their amenity.
5. That before any of the dwellinghouses hereby permitted are occupied the works approved under the terms of condition 4 above shall be completed.
Reason: To prevent water from the plots running into adjoining plots to the detriment of their amenity
List of Background Papers:
Any person wishing to inspect these documents should contact Iain Ewart on 01236-616472
Cumbemauld Local Plan.
Application form and plans
Letter from British Gas Transco dated 19/10/99
Letter from West of Scotland Water dated 18/10/99.
Letter from Thomas Friel & Angela McKeating ,7 Raith Drive, Blackwood received 15/10/99.
Memo from Transportation Manager dated 411 0199.
Memo from Protective Services dated 12/10/99. 42
APPLICATION NO: N/99/01302/FUL
1. SITE AND PROPOSAL
1.1 Planning permission was granted on 14th January 1998, under ref N/97/00327, for the erection of 170 dwellinghouses at area “G”, Blackwood. The houses are currently under construction.
1.2 This application seeks to replace a four bedroomed detached two storey house, and two three bedroomed two storey semi-detached houses with four two bedroomed plus boxroom two storey terraced houses in one block.
2. CONSULTATIONS AND OBJECTIONS
2.1 Consultation responses have been received from British Gas , West of Scotland Water, the Transportation Manager and protective Services none of whom have any objections to the proposals.
East of Scotland Water and Scottish Power were consulted but did not reply. ,
2.2 One letter of objection was received from neighbouring residents Thomas Friel and Angela McKeating of 7 Raith Drive, Blackwood.
3. OBSERVATIONS AND CONCLUSION
3.1 The grounds of objection relate to ;
The finished floor level of the proposed houses in relation to neighbouring houses; The effect of drainage on adjacent property; and Concerns of privacy and overshadowing.
3.2 The objectors occupy a dwelling which is part of the development currently being built by Barratt and Tilbury Douglas at Blackwood. This scheme has always included the construction of houses in the location covered by this application, which is to the rear of the objector’s house. This proposal is solely related to a change in the proposed house types. The proposed terrace block will be 18-20 metres away from the objector’s house and the back gardens of the new block are 9-10 metres in depth.. In these circumstances I do not consider that there are sufficient to grounds to justify the refusal of permission on grounds of overlooking or privacy. In view of the difference in level between the gardens I have, however, added a condition requiring the submission of details regarding the drainage of these areas.
3.3 The proposal is, in my opinion, satisfactory and I recommend approval. 43
Application No. Ci97100468IFUL Date registered 30 October 1997 APPLICANT MR A HIGGINS, “LANAIRGH”, DRUMBATHIE ROAD, AIRDRIE
Agent Mr J McGowan, Drumbathie Road, Airdrie DEVELOPMENT PART CHANGE OF USE TO CAR DISPLAY LOCATION RIGGEND PETROL STATION, STIRLING ROAD, AIRDRIE
Ward No. 45 Grid Reference 276255670050
File Reference CIPLI3 8740/0460/0/000/CMiSOH
Site History A92393 Display of Illuminated Signs Granted 17 September 1992 A90247 Display of Advertisment Hoarding Refused 17 July 1990 89379 Erection of Gantry Sign Granted 12 October 1989 82 158 Erection of Propane Gas Storage Tank Refused 2 1 July 1982 80443 Erection of Fuel Pump Canopy Granted 15 October 1980
Development Plan Under the terms of the Adopted Monklands District Local Plan 199 1 the application site is located within an area covered by the following policy: ECON 8 General Urban Area Contrary to No Development Plan
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours None
Newspaper Not Required Advertisement
COMMENTS Planning permission is being sought for the display of motor \r.hiilr.> or; pan of a petrol filling station forecourt located off the A73 at Riggend Jltmhm brill recall this proposal was originally reported to the Committee at their mc.t:ir.; or. 5 April 1998. It was agreed that the proposal would be acceptable pro\ idcd Aquatc. safeguards could be put in place to firstly, limit the use, size and t? pc 01 car transporter that would service the site and secondly, to ensure [ha: ~Jtquarr.traffic management arrangements were in place to prevent the over use cr! thr forecourt. It should be noted that the application site comprises an area of the fortcourt thar is already in use as a parking facility for the adjacent garage and restaurant It was my view that as the garage has an extensive yard to the rear, the existing parking layout and traffic management could be reorganised to enable the proposal to proceed. A Section 75 Agreement was considered appropriate as the rear yard area is outwith the application site boundary and outwith the control of the applicant. As such standard planning conditions could not be applicable. The Agreement would ensure that all displaced visitors were directed to the rear of the garage. This would require the agreement of any third parties with an interest in the garage.
During the course of negotiating the terms of the Section 75 Agreement the applicant’s solicitor advised that the garage premises and its curtilage were owned or leased bv a number of third earties including Rineend Caterers (Scotland) Ltd.
9700468A.DOC I
Lorry Park
\ \
Lorry Park
‘II Riggend
Copyright. Unauthorised reproduction C infringes Crown Copyright and may lead to prosecution or civil proceedings. North Lanarkshire Council Licence number LA0904IL 45
Tobrigan Catering, TSB Bank of Scotland plc and Gulf Oil (Great Britain) Limited. It is the applicants view that the legal cost involved in including all of the third parties in the Agreement was prohibitive. The applicant requested me to consider allowing the proposal to proceed without the Section 75 Agreement being in place. This was again reconsidered however it is my view that it would be essential in this instance that a Section 75 Agreement is in place before any additional use was introduced to the site. It would be imperative that any rearrangement to the management of the garage forecourt area had the legally binding agreement of all of the parties involved as this may have an impact in their own interests in the garage and it’s associated uses, Should this not be in place it is envisaged there may be significant overuse of the limited forecourt parking facilities to the detriment of road safety. The only way of ensuring such an arrangement is via a Section 75 Agreement. The applicants agent was advised of this by letter dated 23 February 1999. No fbrther instructions were received from the applicant despite a further meeting and my writing to him on 12 August and 12 October 1999. My last letter confmed that I intended reporting the matter to Committee for further consideration.
In conclusion I consider a Section 75 Agreement is essential in this instance to enable the site to operate in a satisfactory manner and without detriment to road safety. The applicants failure to conclude a satisfactory Section 75 Agreement renders the proposal unacceptable and it is recommended that planning permission be refused.
RECOMMENDATION
Refuse for the following reasons:-
1. That the proposal would constitute an over development of the site to the detriment of traffic safety.
2. That the proposal would be detrimental to the safe operation of the adjacent garage forecourt area.
3. That in the absence of a Section 75 Agreement there would be a lack of control over:-
a) the size and type of car transporter to be used in servicing the site
b) the prevention of car transporters servicing the site from Stirling Road (A73).
c) ensuring that satisfactory traffic management mangements are introduced for the adjacent garage forecourt area
List of Background Papers
- Application Form and Accompanying Plans - Adopted Monklands District Local Plan I99 I - Letter from Applicant dated 22 January 1998 - Letter from Applicant’s Agent McCarron & Co. dated 1 February 1999 - Letters to Applicant dated 12 August, 12 October 199
Any person wishing to inspect the above background papers should telephone Coatbridge 8 12376 and ask for Mr Colin Marshall.
9700468A.DOC 46
Application No. Cl99/00236lLBC Date registered 2 March 1999 APPLICANT J.D. WETHERSPOON PLC, WETHERSPOON HOUSE, REEDS CRESCENT, CENTRAL PARK, WATFORD
Agent Tufin, Ferraby and Taylor, Architects, Friary Court, 13 - 2 1 High Street, Guildford. DEVELOPMENT ERECTION OF EXTERNALLY ILLUMINATED SIGNS LOCATION 12 BANK STREET, AIRDRIE.
Ward No. 43 Grid Reference 267148665520
File Reference C/PL/03340/0012/0/000/GB/SOH
Site History In 1996 a number of planning and listed building applications were submitted to alter and extend the fkont of the building ( App Nos. C1961273, C961286 & C196/287). These applications were all withdrawn before they were determined.
In 1997 (App No. C1971326) was granted planning permission to change the use of the building from a bank to a public house.
In 1998 the current applicants obtained planning permission and listed building consent to alter the interior and exterior and to extend the property in order to implement the above change of use (App Nos. Cl98101527lLBC and C19810 1529lFUL)
Development Plan Policies ECON13/4, COM4, ENV1513, ENV16EIG, and ENV 17 of the Monklands District Local Plan 199 1
Contrary to Development Plan No
CONSULTATIONS
0bj ec tion The Scottish Civic Trust No Objection The Architectural Heritage Society of Scotland, Historic Scotland Conditions No Reply
REPRESENTATIONS Neighbours No response
Newspaper Advertisement No response
COMMENTS The applications relate to a previous proposal that was granted planning permission for the change of use of the property from a bank to a public house. It is proposed to erect new signage on the building in the form of signboards and individually illuminated letters. The details are contained in the attached report
Having considered the detailed design issues of the proposals and taken account of the comments of the consultees I consider that both applications for advertisement and listed building consent be granted. It should be noted that the building is listed Category B and as such before the Council can release listed building consent the matter has to be referred to Historic Scotland.
R9900236.DOC 7 48
RECOMMENDATION
Grant, subject to the following conditions.
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That prior to any work starting on site the applicants shall submit for the approval of the Planning Authority a sample of the individual lettering and the internal neon lighting for the front and rear elevations of the building. Once approved the letter shall be finished using genuine gold leaf and shall be fixed to the building by a method of discreet fixings which shall also be agreed in writing with the Planning Authority before work starts on site.
Reason: In the interests of the architectural and historic character of this catagory B Listed building.
3. That the proposed fascia boards and the projecting sign on the front elevation of the building shall be constructed from timber and have a painted finish, the colour of which shall a traditional deep colour of red, blue or green, to be agreed in writing with the Planning Authority prior to work starting on site, and lettering shall be genuine gold leaf to match the individual lettering on the building.
Reason: In the interests of the architectural and historic character of this catagory B Listed building.
4. That prior to work starting on site the details of the proposed external illumination for all fascia boards and the projecting sign on the front elevation of the building shall be submitted for the written approval of the Planning Authority.
Reason: In the interests of the architectural and historic character of this catagory B Listed building.
ADVISORY NOTES
1. If granted, this application will require to be referred to the Scottish Ministers in accordance with Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
List of Background Papers
- Plans and application forms submitted on 1 March 1999 - Monklands District Local Plan 1991 - Consultation response from the Architectural Heritage Society dated 27 March 1999 - Consultation responses from the Scottish Civic Trust dated 4 June 1999 and 26 October 1999 - Letter and amended plans from agent dated 27 April I999 - Letter and amended plans from agent dated 29 September 1999
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.
R9900236.DOC 49
APPLICATION NO. C/99/00236/LBC
REPORT
1. THE SITE AND ITS LOCATION
1.1 The application site is located on the east side of Bank Street, Airdrie. It comprises a three storey sandstone building, built in 1874 and which is Category B Listed. The property has a parking area at the rear which is accessed from Graham Street on the south of the building.
1.2 The building was last used as a bank but was vacated a number of years ago and has remained unoccupied.
2. THE APPLICATION
2.1 Advertisement and Listed Building Consent are sought for the erection of a varied number and design of signs on the building. On the front elevation it is proposed to erect a number of internally illuminated individual letters above the doors and along with some signboards at either side of the door and a hanging sign.
2.2 On the side and rear elevations it is proposed to erect a number of signboards.
3. PLANNING POLICY
3.1 The application site is covered by five policies of the adopted Monklands District Local Plan 1991; namely policies ECONl3/4, COM4, ENVl5/3, ENVl6IEIG and ENV 17. These are summarised as follows:
3.2 ECON13/4; Improvement of Industrial Site. The central area of Airdrie is covered by a policy of the Local Plan that encourages existing industrial areas to be improved. This is obviously not relevant to this case.
3.3 COM4: Secondary (Retail) Core Areas
“Within the secondary (retail) core areas of Airdrie ...... the District Council will support shopping and related uses ...... subject to other policies of this Plan. Under this policy the proposal relates to policy COMl1 which states; “The District Council will accept development of Social, Entertainment and Commercial “bad neighbour” uses ir, Secondary (Retail) Core Areas ...... where there is no anticipated adverse effect on the amenity of local residents.”
3.4 ENV1513: Conservation Area. this policy designates this area as the Victoria and Town Centre, Airdrie Conservation Area.
3.5 ENV16: Conservation Area Improvements. The terms of this policy give detailed guidance on the consideration of applications for planning permission for development within Conservation Areas. Sections E and G relate to this case. these state;
‘‘ In determining applications for development within Conservation Areas, the District Council will pay regard to the height, scale, materials, roof lines, building lines detailing, colour, overall character of the proposals, and character of surrounding buildings which it is desirable to maintain and enhance.”
3.6 ENV17: protect Listed Buildings. Ths policy outlines what considerations should be given when determining applications that relate to Listed Buildings.
R990023G.DOC 50
4. CONSULTATIONS
4.1 The Architectural Heritage Society of Scotland had no comments to make on the proposals whilst The Scottish Civic Trust are concerned that the internally illuminated signs are not appropriate for this historic building.
5. ASSESSMENT
5.1 The previous planning permission and listed building consent granted for alterations to the building proposes to remove the existing granite cladding from the frontage and restore the original stone work. The existing aluminium windows and doors will also be removed.
5.2 On the front elevation the applicant wishes to erect some individual letters for the name of the pub. These letters will be constructed from aluminium and have a golf leaf finish. They will have a neon bulb within them which will offer illumination in the evening but will be hidden during the day. The Civic Trust have indicated that they do not wish to see internally illuminated signs on the building. I concur with the comment where the proposal would have been for translucent acrylic letters or fascias. However, the fixing of individual letters to the frontage and finishing them with gold leaf is a traditional finish. The proposal to illuminate these letters by way of a neon strip hidden within the construction of the letter I consider is a suitable solution to the demands of a business which operates in the evening and a night and requires illumination to attract customers. The alternative would be to have externally fitted lights. The applicant proposes some external lighting to floodlight the building and I believe that the addition of other light fittings to illuminate signage would result in an unacceptable level of clutter on the front of the building.
5.3 The remainder of the signs on the fiont elevation will be fascia boards and a brass menu box. It is recommended that conditions are used to ensure that the fascia boards are constructed fiom timber with a traditional painted finish.
5.4 On the side and rear elevations of the building it is proposed to erect a series of fascia boards along with individual letters similar to those used on the front elevation.
5.5 In total therefore there are 15 signs. The building itself is of a size that this number of signs can be accommodated without being detrimental to the architectural character of the building
6. CONCLUSIONS
6.1 Having assessed the proposals in relation to the comments submitted by The Scottish Civic Trust and taking account of the listed status of the building I consider that the proposal submitted offer an acceptable solution to the difficulties of designing a traditional style of signs with a modem function. The proposals are also a significant improvement on the signs that were previously on the building. I would therefore recommend advertisement and listed building consent are granted.
R9900236.DOC 51
Application No. C/9910023 7/ADV Date registered 2 March 1999 APPLICANT J.D. WETHERSPOON PLC, WETHERSPOON HOUSE, REEDS CRESCENT, CENTRAL PARK, WATFORD
Agent Tuffn, Ferraby and Taylor, Architects, Friary Court, 13 - 2 1 High Street, Guildford. DEVELOPMENT ERECTION OF EXTERNALLY ILLUMINATED SIGNS LOCATION 12 BANK STREET, AIRDRIE.
Ward No. 43 Grid Reference 267148665520
File Reference C/PL/O3340/0012/0/000/GB/SOH
Site History In 1996 a number of planning and listed building applications were submitted to alter and extend the front of the building ( App Nos. C/96/273, C961286 & (21961287). These applications were all withdrawn before they were determined.
In 1997 (App No. C/97/326) was granted planning permission to change the use of the building from a bank to a public house.
In 1998 the current applicants obtained planning permission and listed building consent to alter the interior and exterior and to extend the property in order to implement the above change of use (App Nos. C/98/01527/LBC and C/98/0 1529lFUL)
Development Plan Policies ECON13/4, COM4, ENVl5/3, ENVl6E/G, and ENV17 of the Monklands District Local Plan 1991
Contrary to Development Plan No
CONSULTATIONS
Objection The Scottish Civic Trust No Objection The Architectural Heritage Society of Scotland, Historic Scotland Conditions No Reply
REPRESENTATIONS Neighbours No response
Newspaper Advertisement No response
COMMERTS The applications relate to a previous proposal that was granted planning permission for the change of use of the property from a bank to a public house. It is proposed to erect new signage on the building in the form of signboards and individually illuminated letters. The details are contained in the attached report
Having considered the detailed design issues of the proposals and taken account of the comments of the consultees I consider that both applications for advertisement and listed building consent be granted. It should be noted that the building is listed Category B and as such before the Council can release listed building consent the matter has to be referred to Historic Scotland.
R9900237.DOC
53
RECOMMENDATION
Grant, subject to the following conditions.
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That prior to any work starting on site the applicants shall submit for the approval of the Planning Authority a sample of the individual lettering and the internal neon lighting for the front and rear elevations of the building. Once approved the letter shall be finished using genuine gold leaf and shall be fixed to the building by a method of discreet fixings which shall also be agreed in writing with the Planning Authority before work starts on site.
Reason: In the interests of the architectural and historic character of this catagory B Listed building.
3. That the proposed fascia boards and the projecting sign on the front elevation of the building shall be . constructed from timber and have a painted finish, the colour of which shall a traditional deep colour of red, blue or green, to be agreed in writing with the Planning Authority prior to work starting on site, and lettering shall be genuine gold leaf to match the individual lettering on the building.
Reason: In the interests of the architectural and historic character of this catagory B Listed building.
4. That prior to work starting on site the details of the proposed external illumination for all fascia boards and the projecting sign on the front elevation of the building shall be submitted for the written approval of the Planning Authority.
Reason: In the interests of the architectural and historic character of this catagory B Listed building.
List of Background Papers
- Plans and application forms submitted on 1 March 1999 - Monklands District Local Plan 1991 - Consultation response from the Architectural Heritage Society dated 27 March 1999 - Consultation responses from the Scottish Civic Trust dated 4 June 1999 and 26 October 1999 - Letter and amended plans from agent dated 27 April 1999 - Letter and amended plans from agent dated 29 September 1999
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.
R9900237.DOC 54
APPLICATION NO. C/99/002371ADV
REPORT
1. THE SITE AND ITS LOCATION
1.1 The application site is located on the east side of Bank Street, Airdne. It comprises a three storey sandstone building, built in 1874 and which is Category B Listed. The property has a parking area at the rear which is accessed from Graham Street on the south of the building.
1.2 The building was last used as a bank but was vacated a number of years ago and has remained unoccupied.
2. THE APPLICATION
2.1 Advertisement and Listed Building Consent are sought for the erection of a varied number and design of signs on the building. On the front elevation it is proposed to erect a number of internally illuminated individual letters above the doors and along with some signboards at either side of the door and a hanging sign.
2.2 On the side and rear elevations it is proposed to erect a number of signboards.
3. PLANNING POLICY
3.1 The application site is covered by five policies of the adopted Monklands District Local Plan 1991; namely policies ECON13/4, COM4, ENVl.513, ENV16/E/G and ENV17. These are summarised as follows:
3.2 ECON1314; Improvement of Industrial Site. The central area of Airdrie is covered by a policy of the Local Plan that encourages existing industrial areas to be improved. This is obviously not relevant to this case.
3.3 COM4: Secondary (Retail) Core Areas
“Within the secondary (retail) core areas of Airdrie ...... the District Council will support shopping and related uses ...... subject to other policies of this Plan. Under this policy the proposal relates to policy COMl 1 which states; “The District Council will accept development of Social, Entertainment and Commercial “bad neighbour” uses in Secondary (Retail) Core Areas ...... where there is no anticipated adverse effect on the amenity of local residents.”
3.4 ENV1.513: Conservation Area. this policy designates this area as the Victoria and Town Centre, Airdrie Conservation Area.
3.5 ENV16: Conservation Area Improvements. The terms of this policy give detailed guidance on the consideration of applications for planning permission for development within Conservation Areas. Sections E and G relate to this case. these state;
“ In determining applications for development within Conservation Areas, the District Council will pay regard to the height, scale, materials, roof lines, building lines detailing, colour, overall character of the proposals, and character of surrounding buildings which it is desirable to maintain and enhance.”
3.6 ENV17: protect Listed Buildings. This policy outlines what considerations should be given when determining applications that relate to Listed Buildings.
R9900237.DOC 55
4. CONSULTATIONS
4.1 The Architectural Heritage Society of Scotland had no comments to make on the proposals whilst The Scottish Civic Trust are concerned that the internally illuminated signs are not appropriate for this historic building.
5. ASSESSMENT
5.1 The previous planning permission and listed building consent granted for alterations to the building proposes to remove the existing granite cladding from the frontage and restore the original stone work. The existing aluminium windows and doors will also be removed.
5.2 On the front elevation the applicant wishes to erect some individual letters for the name of the pub. These letters will be constructed from aluminium and have a golf leaf finish. They will have a neon bulb within them which will offer illumination in the evening but will be hidden during the day. The Civic Trust have indicated that they do not wish to see internally illuminated signs on the building. I concur with the comment where the proposal would have been for translucent acrylic letters or fascias. However, the fxing of individual letters to the frontage and finishing them with gold leaf is a traditional finish. The proposal to illuminate these letters by way of a neon strip hidden within the construction of the letter I consider is a suitable solution to the demands of a business which operates in the evening and a night and requires illumination to attract customers. The alternative would be to have externally fitted lights. The applicant proposes some external lighting to floodlight the building and I believe that the addition of other light fittings to illuminate signage would result in an unacceptable level of clutter on the front of the building.
5.3 The remainder of the signs on the front elevation will be fascia boards and a brass menu box. It is recommended that conditions are used to ensure that the fascia boards are constructed from timber with a traditional painted finish.
5.4 On the side and rear elevations of the building it is proposed to erect a series of fascia boards along with individual letters similar to those used on the front elevation.
5.5 In total therefore there are 15 signs. The building itself is of a size that this number of signs can be accommodated without being detrimental to the architectural character of the building
6. CONCLUSIONS
6.1 Having assessed the proposals in relation to the comments submitted by The Scottish Cit ii Trust and taking account of the listed status of the building I consider that the proposal submitred nl'fcr an acceptable solution to the difficulties of designing a traditional style of signs with a midcm function. The proposals are also a significant improvement on the signs that were previousl? on ihc building. I would therefore recommend advertisement and listed building consent are granted
R9900237.DOC 56
Application No. C/99/00479/FUL Date registered 16 April 1999 APPLICANT J.D. WETHERSPOON PLC, WETHERSPOON HOUSE, REEDS CRESCENT, CENTRAL PARK, WATFORD
Agent Tuffin, Ferraby and Taylor, Architects, Friary Court, 13 - 2 1 High Street, Guildford. DEVELOPMENT HEATINGiVENTILATION PLANT TO NEW REAR ROOF AND CONSTRUCTION OF 2nd STOREY REAR EXTENSION FOR GOODS HOIST AND MINOR ALTERATION TO FRONT TERRACE LOCATION 12 BANK STREET, AIRDRIE.
Ward No. 43 Grid Reference 267148 - 665520
File Reference C/PL/O3340100 12/0/000lGB/SOH
Site History In 1996 a number of planning and listed building applications were submitted to alter and extend the f?ont of the building ( App Nos. C/96/273, C96/286 22 C/96/287). These applications were all withdrawn before they were determined.
In 1997 (App No. Cl97/326) was granted planning permission to change the use of the building from a bank to a public house.
In 1998 the current applicants obtained planning permission and listed building consent to alter the interior and exterior and to extend the property in order to implement the above change of use (App Nos. C/98/01527/LBC and C/98/0 1529iFUL)
Development Plan Policies ECON1314, COM4, ENV1513, ENV16E/G, and ENV17 ofthe Monklands District Local Plan 1991
Contrary to Development Plan No
CONSULTATIONS
Objection The Scottish Civic Trust, The Architectural Heritage Society of Scotland, Scottish Power No Objection Conditions No Reply Historic Scotland
REPRESENTATIONS Neighbours One
Newspaper Advertisement No response
COMMENTS The application relates to a previous proposal that was granted planning permission for the change of use of the property fkom a bank to a public house. It is proposed to construct a second floor extension at the rear and install heating and ventilation plant in the roof space. There are also some minor amendments proposed to the previously approved planning permission for alterations to the frontage of the building
R9900479,DOC
58
Having considered the detailed design issues of the proposals and taken account of the comments of the consultees and the objector I consider that both applications for planning permission and listed building consent be granted. It should be noted that the building is listed Category B and as such before the Council can release listed building consent the matter has to be referred to Historic Scotland.
RECOMMENDATION
Grant, subject to the following conditions.
That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That all repairs to the external walls of the building shall be carried out using sandstone selected to match the colour, texture and tooling of the existing sandstone. All sandstone repairs shall be completed using a traditional lime based mortar.
Reason: In the interests of the historic and architectural character of this category B listed building.
That the proposed new boundary wall at the frontage of the building shall be constructed using natural sandstone, the colour and texture of which shall match that of the existing building. The wall shall be constructed and pointed using a traditional lime based mortar.
Reason: In the interests of the historic and architectural character of this category B listed building.
That the new steps at the frontage of the building shall be constructed using natural stone
Reason: In the interests of the historic and architectural character of this category B listed building.
That prior to any work starting on site the applicants shall submit details for the consideration and written approval of the Planning Authority of a revised front elevation to show 5 'summer doors' on the ground floor as opposed to six. The current design of six double doors, highlighted in red on the approved plans is not acceptable.
Reason: In the interests of the historic and architectural character of this category B Iistci! building.
That all windows and external doors shall be constructed from timber and finished using a traditional coloured wood preservative, the type and colour of which shall be agreed in writing U ith thc Planning Authority prior to work starting on site.
Reason: In the interests of the historic and architectural character of this category B listed building.
That prior to any work starting on site the developers shall submit details for the consideration and written approval of the Planning Authority of the type and colour of renderhoughcast finish for the rear extension.
Reason: In the interests of the historic and architectural character of this category B listed building.
R9900479.DOC 59
8. That the roof of the extension to the rear shall be finished using natural slate with lead flashings and a zinc ridge. Reason: In the interests of the historic and architectural character of this category B listed building.
9. That the balustrade and fire escape at the rear of the building shall be constructed from wrought iron and painted black.
Reason: In the interests of the historic and architectural character of this category B listed building.
10. That the opening to be formed for the new fire escape door on the rear elevation of the building shall be constructed using sandstone, which shall match the existing sandstone in colour and texture and shall be dressed to match the existing door and window surround.
Reason: In the interests of the historic and architectural character of this category B listed building.
11 That the developers shall ensure that the existing ceilings and cornices within the rooms on the first floor of the building are retained and protected from damage during construction works. Where cornicing is damaged or has been temporarily removed, the developer shall ensure that it is reinstated to mach the existing.
Reason: In the interests of the historic and architectural character of the interior of this category B listed building.
12. That the coach lights proposed on the frontage of the building are not approved. Prior to work starting on site the applicant shall submit details for the consideration and written approval of the Planning Authority of an alternative lighting system which shall be incorporated as part of the wrought iron railings along the front boundary wall.
Reason: The coach lighting proposed is deemed inappropriate in the interests of the historic and architectural character of this category 8 listed building.
13. That prior to work starting on site the applicants shall submit details of revised windows for the extension at the rear, as outlined in red on the approved plans. These windows shall have a more vertical emphasis and where larger window openings are required more than one window shall be used and these shall be divided by mullions.
Reason: In the interests of the historic and architectural character of this category B listed building.
List of Background Papers
- Plans and application forms submitted on 1 March 1999 - Monklands District Local Plan 199 1 - Consultation response fiom the Architectural Heritage Society dated 27 March 1999 and 27 October 1999 - Consultation responses from the Scottish Civic Trust dated 2 June 1999 and 26 October 1999 - Consultation response from Scottish Power dated 20 April 1999 - Letter of objection from Bishop and Roberston Chalmers, Solicitors,2 Blythswood Square, Glasgow, dated 3 June 1999.
R9900479.DOC 60
- Letter to Bishop and Roberston Chalmers, Solicitors,2 Blythswood Square, Glasgow, dated 14 October 1999. - Letter and amended plans from agent dated 27 April 1999 - Letter and amended plans from agent dated 29 September 1999
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.
R9900479.DOC 61
APPLICATION NO. C/99/00479/FUL
REPORT
1. THE SITE AND ITS LOCATION
1.1 The application site is located on the east side of Bank Street, Airdrie. It comprises a three storey sandstone building, built in 1874 and which is Category B Listed. The property has a parking area at the rear which is accessed from Graham Street on the south of the building.
1.2 The building was last used as a bank but was vacated a number of years ago and has remained unoccupied.
2. THE APPLICATION
2.1 Planning permission and listed building consent are sought for the construction of a 2nd storey rear extension. It is proposed that the roof space of this extension will house heating and ventilation plant. Initially it was proposed that the extension have a flat roof. However following detailed negotiation the applicant has agreed to construct a traditional double pitched roof within which the heatinghentilation plant will be housed.
2.2 The increase in the height of the rear extension is required to generate additional storage space and to allow deliveries to be taken internally to the first floor storage area within the main building.
2.3 Within the applications it is proposed to make a minor variation to the layout of the front terrace area.
3. PLANNING POLICY
3.1 The application site is covered by five policies of the adopted Monklands District Local Plan 199 1; namely policies ECON 13/4, COM4, ENV 15/3, ENV 16EIG and ENVl7. These are summarised as follows:
3.2 ECON 1314; Improvement of Industrial Site. The central area of Airdrie is covered by a policy of the Local Plan that encourages existing industrial areas to be improved. This is obviously not relevant to this case.
3.3 COM4: Secondary (Retail) Core Areas
“Within the secondary (retail) core areas of Airdrie ...... the District Council will support shopping and related uses ...... subject to other policies of this Plan. Under this policy the proposal relates to policy COMl 1 which states; “The District Council will accept development of Social, Entertainment and Commercial “bad neighbour” uses in Secondary (Retail) Core Areas ...... where there is no anticipated adverse effect on the amenity of local residents.”
3.4 ENVlY3: Conservation Area. this policy designates this area as the Victoria and Town Centre, Airdrie Conservation Area.
3.5 ENV16: Conservation Area Improvements. The terms of this policy give detailed guidance on the consideration of applications for planning permission for development within Conservation Areas. Sections E and G relate to this case. these state;
“ In determining applications for development within Conservation Areas, the District Council will pay regard to the height, scale, materials, roof lines, building lines detailing, colour, overall character of the proposals, and character of surrounding buildings which it is desirable to maintain and enhance.”
3.6 ENV17: protect Listed Buildings. This policy outlines what considerations should be given when determining applications that relate to Listed Buildings.
R9900479.DOC 62
4. CONSULTATIONS
4.1 The Architectural Heritage Society of Scotland and The Scottish Civic Trust have both expressed concern about the initial scheme. However following the amended proposal recently put forward by the applicant the AHSS have indicated that “These amendments have greatly improved the design of the rear extension”, whilst the SCT “ find this to be a considerable improvement on the previous proposal” Some concerns remain, however and these are detailed below:
i> The summer doors on the front elevation are too tightly crammed together.
i i) The proposed coach lamps are not in keeping with the building and external lighting would be more suitable mounted on the proposed railings at the front.
iii) The windows on the rear elevation should have a more vertical emphasis to their design.
4.2 Scottish Power have indicated that they have underground cabling and a substation that will be affected by the proposal and to date the have not agreed any proposal to move the plant.
5. REPRESENTATIONS
5.1 One letter of representation has been received from the owner of the adjoining property at 11 to 15 Hallcraig Street, Airdrie. They are concerned that the proposal to increase the height of the rear extension and to put the heatingiventilation unit on the roof of the extension will inhibit the restoration of the residential properties on the upper floor of their property.
5.2 It should be noted that these comments were made to the initial proposals of the applicant. The objector was notified of the amended scheme but has not chosen to make any further comments on the matter.
6. ASSESSMENT
6.1 The previous planning permission and listed building consent granted for alterations to the building proposes to remove the existing granite cladding from the frontage and restore the original stone work. The existing aluminium windows and doors will also be removed. It was also proposed to build an additional flat roofed, single storey extension at the rear of the building. Planning permission and listed building consent were granted for the works earlier this year
6.2 The above consent and permission also approved substantial internal alterations to the ground and first floors. The original features of the ground floor of the building have been completely removed when the property was used as a bank. Therefore the refitting of the ground floor for the public bar does not raise any significant issues. The first floor, however, has a number of original features and retains the original layout.
6.3 The applicants propose to use the first floor for toilets and as a beverage storage area. In order to get beer kegs and other beverages delivered to the first floor, and back to the bar area, a hoist requires to be installed. It is therefore proposed to construct a 2nd storey onto the existing flat roofed extension at the rear to accommodate this hoist and to give access to the first floor of the original building. In providing this additional first floor area the applicants have chosen to utilise the additional space by providing more storage space and a gallery area for the rear part of the bar.
R9900479. DOC 63
6.4 The initial proposal was designed to have a flat roof with heating and ventilation equipment installed on the open area. This feature raised concern with the objector which I will discuss later in this report. The applicant, however, has chosen to amend the scheme and now proposes to have a traditional double pitched roof over the rear extension. The heatinghentilation units will now be accommodated within the roof space. I would recommend that planning conditions be attached to planning permission and listed building consent to ensure that the roof of the extension is finished using a natural slate material.
6.5 They objector expressed concerns about the heatinghentilation units being situated on the flat roof in that they would overshadow their property to the north and cause a noise disturbance that would inhibit the restoration of the residential flats on the upper floor of the properties at 1 1 - 15 Hallcraig Street. By enclosing the units within the now proposed roofspace of the building I do not believe there will be any adverse effect on neighbouring properties as a result of noise.
6.6 In terms of overshadowing I acknowledge that by increasing the height of the building there will be a larger shadow cast by the building. However the extension is not proposed to be built directly on the boundary and is approximately 25.0m away from the objectors building. Further, the upper floor windows of the flats on Hallcraig Street are at first floor level of the application site. I therefore consider that any overshadowing will be minimal and does not present an over riding reason to rehse planning permission.
6.7 Moving to the points raised by the consultees I do not consider the objection from Scottish Power to be a valid planning matter but I understand that it has now been resolved with the applicant.
6.8 The issues raised by the Scottish Civic Trust and the Architectural Heritage Society of Scotland have: by in large, been accommodated within the amended scheme. I have discussed firther with the applicant the matters that remain outstanding and it has been agreed that amendments will be made to the scheme, but that the details of these will be specified through the use of planning conditions.
6.9 Finally, the applicants propose to make a minor variation to the layout at the front of the building. It is now proposed to have an additional wall at the frontage adjacent to the entrance to the public bar. Previously the steps to the entrance abutted the access lane at the side of the building. By having this small section of wall pedestrians exiting and entering the building will be protected from vehicular traffic using the lane. The wall is to be constructed from sandstone to match the building.
6.10 I am therefore of the view that the detailed design issues of this proposal have been accommodated by the applicant and that the proposals represent a development that will not detract from the overall merit of this listed building. I also do not consider that the proposals will result in any significant loss of amenity to any residential properties that exist within this town centre location.
7. CONCLUSIONS
7.1 Having assessed the proposals in relation to the comments submitted by The Scottish Civic Trust, The Architectural Heritage Society of Scotland, Scottish Power and the objector on Hallcraig Street, and taking account of the listed status of the building, I consider that the proposal submitted offers a development of a listed building where the previous use has become obsolete and ensures the long term viability of an important historic building within the central core of Airdrie. I would therefore recommend planning permission and listed building consent are granted.
R9900479.DOC 64
Application No. C/99/00480/LBC Date registered 16 April 1999 APPLICANT J.D. WETHERSPOON PLC, WETHERSPOON HOUSE, REEDS CRESCENT, CENTRAL PARK, WATFORD
Agent Tuffin, Ferraby and Taylor, Architects, Friary Court, 13 - 2 1 High Street, Guildford. DEVELOPMENT HEATINGNENTILATION PLANT TO NEW REAR ROOF AND CONSTRUCTION OF 2nd STOREY REAR EXTENSION FOR GOODS HOIST AND MINOR ALTERATION TO FRONT TERRACE LOCATION 12 BANK STREET, AIRDRIE.
Ward No. 43 Grid Reference 267148 - 665520
File Reference C/PL/03340/0012/0/000/GB/SOH
Site History In 1996 a number of planning and listed building applications were submitted to alter and extend the front of the building ( App Nos. C/96/273, C96/286 & C/96/287). These applications were all withdrawn before they were determined.
In 1997 (App No. C/97/326) was granted planning permission to change the use of the building from a bank to a public house.
In 1998 the current applicants obtained planning permission and listed building consent to alter the interior and exterior and to extend the property in order to implement the above change of use (App Nos. C/98/01527/LBC and C/98/0 1529IFUL)
Development Plan Policies ECON 1314, COM4, ENV 15/3, ENVl6E/G, and ENV 17 of the Monklands District Local Plan 199 1
Contrary to Development Plan No
CONSULTATIONS
Objection The Scottish Civic Trust, The Architectural Heritage Society of Scotland, Scottish Power No Objection Conditions No Reply Historic Scotland
REPRESENTATIONS Neighbours One
Newspaper Advertisement No response
COMMENTS The application relates to a previous proposal that was granted planning permission for the change of use of the property from a bank to a public house. It is proposed to construct a second floor extension at the rear and install heating and ventilation plant in the roof space. There are also some minor amendments proposed to the previously approved planning permission for alterations to the frontage of the building
R9900380.DOC
66
Having considered the detailed design issues of the proposals and taken account of the comments of the consultees and the objector I consider that both applications for planning permission and listed building consent be granted. It should be noted that the building is listed Category B and as such before the Council can release listed building consent the matter has to be referred to Historic Scotland.
RECOMMENDATION
Grant, subject to the following conditions.
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions ofthe Town and Country Planning (Scotland) Act 1997.
2. That all repairs to the external walls of the building shall be carried out using sandstone selected to match the colour, texture and tooling of the existing sandstone. All sandstone repairs shall be completed using a traditional lime based mortar.
Reason: In the interests of the historic and architectural character of this category B listed building.
3. That the proposed new boundary wall at the frontage of the building shall be constructed using natural sandstone, the colour and texture of which shall match that of the existing building. The wall shall be constructed and pointed using a traditional lime based mortar.
Reason: In the interests of the historic and architectural character of this category B listed building.
4. That the new steps at the frontage of the building shall be constructed using natural stone.
Reason: In the interests of the historic and architectural character of this category B listed building.
5. That prior to any work starting on site the applicants shall submit details for the consideration and written approval of the Planning Authority of a revised front elevation to show 5 ‘summer doors’ on the ground floor as opposed to six. The current design of six double doors, highlighted in red on the approved plans is not acceptable.
Reason: In the interests of the historic and architectural character of this category B listed building.
6. That all windows and external doors shall be constructed from timber and finished using a traditional coloured wood preservative, the type and colour of which shall be agreed in writing with the Planning Authority prior to work starting on site.
Reason: In the interests of the historic and architectural character of this category B listed building.
7. That prior to any work starting on site the developers shall submit details for the consideration and written approval of the Planning Authority of the type and colour of renderiroughcast finish for the rear extension.
Reason: In the interests of the historic and architectural character of this category B listed building.
R9900480.DOC 67
8. That the roof of the extension to the rear shall be finished using natural slate with lead flashings and a zinc ridge. Reason: In the interests of the historic and architectural character of this category B listed building.
9. That the balustrade and fire escape at the rear of the building shall be constructed from wrought iron and painted black.
Reason: In the interests of the historic and architectural character of this category B listed building.
10. That the'opening to be formed for the new fire escape door on the rear elevation of the building shall be constructed using sandstone, which shall match the existing sandstone in colour and texture and shall be dressed to match the existing door and window surround.
Reason: In the interests of the historic and architectural character of this category B listed building.
11 That the developers shall ensure that the existing ceilings and cornices within the rooms on the first floor of the building are retained and protected from damage during construction works. Where cornicing is damaged or has been temporarily removed, the developer shall ensure that it is reinstated to mach the existing.
Reason: In the interests of the historic and architectural character of the interior of this category B listed building.
12. That the coach lights proposed on the frontage of the building are not approved. Prior to work starting on site the applicant shall submit details for the consideration and written approval of the Planning Authority of an alternative lighting system which shall be incorporated as part of the wought iron railings along the front boundary wall.
Reason: The coach lighting proposed is deemed inappropriate in the interests of the historic and architectural character of this category B listed building.
13. That prior to work starting on site the applicants shall submit details of revised windo\\ j for the extension at the rear, as outlined in red on the approved plans. These windows shall ha\c a more vertical emphasis and where larger window openings are required more than one U indou >hall be used and these shall be divided by mullions.
Reason: In the interests of the historic and architectural character of this catego?' B IijtCL building
ADVISORY NOTE
1. If granted, this application will require to be referred to the Scottish Ministers in accordance N ith Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
List of Background Papers
- Plans and application forms submitted on 1 March 1999 - Monklands District Local Plan 1991
R9900480.DOC 68
- Consultation response from the Architectural Heritage Society dated 27 March 1999 and 27 October 1999 - Consultation responses from the Scottish Civic Trust dated 2 June 1999 and 26 October 1999 - Consultation response from Scottish Power dated 20 April 1999 - Letter of objection from Bishop and Roberston Chalmers, Solicitors,2 Blythswood Square, Glasgow, dated 3 June 1999. - Letter to Bishop and Roberston Chalmers, SolicitorsJ Blythswood Square, Glasgow, dated 14 October 1999. - Letter and amended plans from agent dated 27 April 1999 - Letter and amended plans from agent dated 29 September 1999
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Brown.
R9900480.DOC 69
APPLICATION NO. C/99/00480/LBC
REPORT
1. THE SITE AND ITS LOCATION
1.1 The application site is located on the east side of Bank Street, Airdrie. It comprises a three storey sandstone building, built in 1874 and which is Category B Listed. The property has a parking area at the rear which is accessed from Graham Street on the south of the building.
1.2 The building was last used as a bank but was vacated a number of years ago and has remained unoccupied.
2. THE APPLICATION
2.1 Planning permission and listed building consent are sought for the construction of a 2nd storey rear extension. It is proposed that the roof space of this extension will house heating and ventilation plant. Initially it was proposed that the extension have a flat roof. However following detailed negotiation the applicant has agreed to construct a traditional double pitched roof within which the heatinghentilation plant will be housed.
2.2 The increase in the height of the rear extension is required to generate additional storage space and to allow deliveries to be taken internally to the first floor storage area within the main building.
2.3 Within the applications it is proposed to make a minor variation to the layout of the front terrace area.
3. PLANNING POLICY
3.1 The application site is covered by five policies of the adopted Monklands District Local Plan 1991; namely policies ECON13/4, COM4, ENV1513, ENV16/E/G and ENV17. These are summarised as follows:
3.2 ECON 1314; Improvement of Industrial Site. The central area of Airdrie is covered by a policy of the Local Plan that encourages existing industrial areas to be improved. This is obviously not relevant to this case.
3.3 COM4: Secondary (Retail) Core Areas
“Within the secondary (retail) core areas of Airdrie ...... the District Council will support shopping and related uses ...... subject to other policies of this Plan. Under this policy the proposal relates to policy COM 1 1 which states; “The District Council will accept development of Social, Entertainment and Commercial “bad neighbour” uses in Secondary (Retail) Core Areas ...... where there is no anticipated adverse effect on the amenity of local residents.”
3.4 ENV15/3: Conservation Area. this policy designates this area as the Victoria and Town Centre, Airdrie Conservation Area.
3.5 ENV 16: Conservation Area Improvements. The terms of this policy give detailed guidance on the consideration of applications for planning permission for development within Conservation Areas. Sections E and G relate to this case. these state;
“ In determining applications for development within Conservation Areas, the District Council will pay regard to the height, scale, materials, roof lines, building lines detailing, colour, overall character of the proposals, and character of surrounding buildings which it is desirable to maintain and enhance.”
3.6 ENVl7: protect Listed Buildings. This policy outlines what considerations should be given when determining applications that relate to Listed Buildings.
R9900480.DOC 70
4. CONSULTATIONS
4.1 The Architectural Heritage Society of Scotland and The Scottish Civic Trust have both expressed concern about the initial scheme. However following the amended proposal recently put forward by the applicant the AHSS have indicated that “These amendments have greatly improved the design of the rear extension”, whilst the SCT “ find this to be a considerable improvement on the previous proposal” Some concerns remain, however and these are detailed below:
i) The summer doors on the front elevation are too tightly crammed together.
i i) The proposed coach lamps are not in keeping with the building and external lighting would be more suitable mounted on the proposed railings at the front.
iii) The windows on the rear elevation should have a more vertical emphasis to their design.
4.2 Scottish Power have indicated that they have underground cabling and a substation that will be affected by the proposal and to date the have not agreed any proposal to move the plant.
5. REPRESENTATIONS
5.1 One letter of representation has been received fi-om the owner of the adjoining property at 1 1 to 15 Hallcraig Street, Airdrie. They are concerned that the proposal to increase the height of the rear extension and to put the heatingiventilation unit on the roof of the extension will inhibit the restoration of the residential properties on the upper floor of their property.
5.2 It should be noted that these comments were made to the initial proposals of the applicant. The objector was notified of the amended scheme but has not chosen to make any firther comments on the matter.
6. ASSESSMENT
6.1 The previous planning permission and listed building consent granted for alterations to the building proposes to remove the existing granite cladding from the frontage and restore the original stone work. The existing aluminium windows and doors will also be removed. It was also proposed 10 build an additional flat roofed, single storey extension at the rear of the building. Planning permission and listed building consent were granted for the works earlier this year
6.2 The above consent and permission also approved substantial internal alterations to thc ground and first floors. The original features of the ground floor of the building have been completrl! rem.>\ c.d n hen the property was used as a bank. Therefore the refitting of the ground floor for the publit hrtr does not raise any significant issues. The first floor, however, has a number of original feature, an,! reLains the original layout.
6.3 The applicants propose to use the first floor for toilets and as a beverage storage area In crtcr 10 get beer kegs and other beverages delivered to the first floor, and back to the bar area. a ti1,i.i rquires to be installed. It is therefore proposed to construct a 2nd storey onto the existing flat roolcd c\:cnhion at the rear to accommodate this hoist and to give access to the first floor of the original building In providing this additional first floor area the applicants have chosen to utilise the additional space h> pro\ iding more storage space and a gallery area for the rear part of the bar.
R9900480.DOC 71
6.4 The initial proposal was designed to have a flat roof with heating and ventilation equipment installed on the open area. This feature raised concern with the objector which I will discuss later in this report. The applicant, however, has chosen to amend the scheme and now proposes to have a traditional double pitched roof over the rear extension. The heatinghentilation units will now be accommodated within the roof space. I would recommend that planning conditions be attached to planning permission and listed building consent to ensure that the roof of the extension is finished using a natural slate material.
6.5 They objector expressed concerns about the heatinghentilation units being situated on the flat roof in that they would overshadow their property to the north and cause a noise disturbance that would inhibit the restoration of the residential flats on the upper floor of the properties at 1 1 - 15 Hallcraig Street. By enclosing the units within the now proposed roofspace of the building I do not believe there will be any adverse effect on neighbouring properties as a result of noise.
6.6 In terms of overshadowing I acknowledge that by increasing the height of the building there will be a larger shadow cast by the building. However the extension is not proposed to be built directly on the boundary and is approximately 25.0m away from the objectors building. Further, the upper floor windows of the flats on Hallcraig Street are at first floor level of the application site. I therefore consider that any overshadowing will be minimal and does not present an over riding reason to refuse planning permission.
6.7 Moving to the points raised by the consultees I do not consider the objection from Scottish Power to be a valid planning matter but I understand that it has now been resolved with the applicant.
6.8 The issues raised by the Scottish Civic Trust and the Architectural Heritage Society of Scotland have, by in large, been accommodated within the amended scheme. I have discussed further with the applicant the matters that remain outstanding and it has been agreed that amendments will be made to the scheme, but that the details of these will be specified through the use of planning conditions.
6.9 Finally, the applicants propose to make a minor variation to the layout at the fiont of rhe building. It is now proposed to have an additional wall at the frontage adjacent to the entrance to the public bar. Previously the steps to the entrance abutted the access lane at the side of the building. By having this small section of wall pedestrians exiting and entering the building will be protected from vehicular traffic using the lane. The wall is to be constructed from sandstone to match the building.
6.10 I am therefore of the view that the detailed design issues of this proposal have been accommodated by the applicant and that the proposals represent a development that will not detract from the overall merit of this listed building. I also do not consider that the proposals will result in any significant loss of amenity to any residential properties that exist within this town centre location.
7. CONCLUSIONS
7.1 Having assessed the proposals in relation to the comments submitted by The Scottish Civic Trust, The Architectural Heritage Society of Scotland, Scottish Power and the objector on Hallcraig Street, and taking account of the listed status of the building, I consider that the proposal submitted offers a development of a listed building where the previous use has become obsolete and ensures the long term viability of an important historic building within the central core of Airdrie. I would therefore recommend planning permission and listed building consent are granted.
R9900480,DOC 72
Application No. Cl99l005 8 8RUL Date registered 7th May 1999 APPLICANT h4R P MURTAGH, 36 WOOD STREET, BLAIRHILL, COATBRIDGE
Agent Mr John Harley, 4 Forsyth Street, Airdrie, ML6 6DF DEVELOPMENT ERECTION OF 2 STOREY SIDE EXTENSION AND REMOVAL OF TWO TREES LOCATION 36 WOOD STREET COATBRIDGE LANARKSHIRE ML5 1LY
Ward No. 32 Grid Reference 272481 665059
File Reference
Site History Planning Consent 94/321 granted for Erection Of Double Domestic Lock-Up Garage (In Retrospect) And Re-Roofing Of Dwellinghouse
Development Plan Zoned HG9 Housing Policy for Existing Residential Areas, ENV 15 Conservation Areas in the Monklands District Local Plan 199 1
Contrary to No Development Plan
CONSULTATIONS
Objection No Objection NLC Head of Parks & Catering Conditions No Reply
REPRESENTATIONS Neighbours 1 letter of representation
Newspaper None Advertisement
COMMENTS This application relates to the erection of a two storey side extension to a detached property and the removal of two trees at 36 Wood Street, Coatbridge. The property is located within the Blairhill and Dunbeth Conservation Area and zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991. One letter of representation was received details of which are included in the attached report. The extension is designed to match the existing building and subject to appropriate materials will not adversely impact upon the residential amenity of the area. A condition has been included requiring that two trees will be planted within the application site to replace those which have to be felled to accommodate the proposed development. I therefore propose that the application be granted subject to the attached conditions.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
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.
R9900588.DOC Produced by PLANNING APPLICATION No: 99/00588/FUL I Depament of Planning and Environme NORTH Central ~ivision ERECTION OF 2 STOREY SIDE EXTENSION Muniupal Buildtngs ffildonanStreet AT 36 WOOD STREET, COATBRIDGE. COATBRIDGE COUNCIL * LOCATION OF REPRESENTATION. 1: 1250 ML5 3LN Telephone 01236 812222 . Fa01226431068 Reproduced from lhe Ordnance Survey mapping with lhe permisston of lhe Controller of Her Majesty3 Staaonery Gifice Q Cmwn wpynght UnauVlorlsed reproducbm infringes Cram copyright and may lead 10 prosecutton or uvil proceedings North Lanarkshire Counul LA09041 Map produced 17th June 1999 74
2. That before the development hereby permitted starts, fill details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: In the interests of the visual appearance of the building and the Conservation Area within which it is located.
3. That within one year of the development hereby permitted starting two replacement Standard Trees will be planted within the application site to the satisfaction of the Planning Authority and if they die, are damaged or removed, 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 or species.
Reason: To safeguard the appearance of the Conservation Area within which the building is located.
List of Background Papers
- Application Form and plans submitted on 5 May 1999 and amended on 8 October 1999 - Adopted Monklands District Local Plan 1991 - Letter of representation fiom Mr Edward L Cairns, 38 Wood Street, Coatbridge dated 15 June 1999 - Consultation response fiom NLC Head of Parks & Catering dated 19 August 1999
Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr Baxter
R9900588.DOC 75
APPLICATION NO. C/99/00588/FUL
REPORT
1. PROPOSAL AND SITE DESCRIPTION
1.1 This application relates to the erection of a two storey side extension to a detached property and removal of two trees at 36 Wood Street, Coatbridge.
1.2 The property is located within the Blairhill and Dunbeth Conservation Area and zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991.
2. CONSULTATIONS & REPRESENTATIONS
2.1 NLC Head of Parks and Catering was consulted with regard to two trees located near to where the proposed extension would be located. The response indicated that the proposed extension would require the removal of an Ash and a Sycamore tree and these should be replaced by 2 similar trees which are of a minimum size 10-12cm standard.
2.2 One letter of representation was received, from the immediate neighbour, seeking clarification on the following points:
1. The extension would not encroach onto the boundary wall; 2. That the light levels within the conservatory of no. 38 would not suffer loss of light as a result of the development; 3. Care would be taken in relation to trees which currently provide privacy to the conservatory at no. 38; and 4. No alterations will be made to the plans during construction work without consultation with the planning authority and notification to No. 38.
3. ASSESSMENT
3.1 In determining extensions to properties within a Conservation Area the following should be considered; height, scale, materials, roof lines, building lines, detailing, colour, overall character of the proposals and character of surrounding buildings. The proposed extension aIthough two storey in height reflects the design features of the existing building. It therefore generally meets with the above requirements and subject to submission of sample materials would be acceptable in design terms.
I 3.2 The points raised by the adjoining neighbour can be answered in the following manner:
1. the application plans show that the extension will be set 1 metre back from the boundary. Although this is less than the preferred minimum size which has recently been adopted by the Council in terms of standards for new plotted development I do not consider that in this instance it would significantly impact on the residential amenity of the area due to the generous proportions of the building plot; 2. the daylight levels to the dining room of the neighbouring house at No. 38 are slightly affected by the proposed extension. The conservatory cannot be accurately measured as the Building Research Establishment methodology is based on rooms which have windows and not glass walls and ceilings. The calculation was carried out and showed that the average was less than the recognised minimum. The effect of the glass ceiling would however raise the amount of light entering the conservatory. With respect to sunlight the calculation showed a drop fiom 99% to 85% which is well above the minimum of 25%. I do not therefore consider that the proposed extension will significantly impact on the amenity of the adjoining resident; 3. The proposed development will result in the loss of the two trees which the neighbour considers provide privacy to the conservatory at No. 38. The proposed extension however would act in a similar manner as it would block part of the view of the conservatory fiom Wood Street. 4. Any alterations to the current proposal would have to be notified to the Planning Authority. The nature of these alterations would in some instances require formal re-notification of neighbours and
R9900588.DOC 76
in others would be regarded as non-material. An example of a non-material variation would be the change of colour of drain pipes or windows in which case formal neighbour notification is not normally required.
3.3 Since the proposed development is within the Blairhill and Dunbeth Conservation Area permission is required for tree removal the request by the Head of Parks and Catering for replacement trees within the application site is appropriate to protect its amenity.
4. CONCLUSION
4.1 In conclusion I consider that the proposed extension although large is appropriate for this location and subject to the submission of appropriate materials would be acceptable in design terms. The design of the proposal in combination with the provision of two replacement trees should not therefore significantly impact on the residential amenity or the setting of the Conservation Area.
R9900588.DOC 77
Application No. c19910074 1rnM Date registered 7 June 1999 APPLICANT DRUMBOW HOMES, DRUMBOW FARM, CALDERCRUIX
Agent Construction Design Associates, 6 Church Street, Coatbridge, ML5 3EB DEVELOPMENT ERECTION OF 50 HOUSES (PHASE 1) AND RENEWAL OF OUTLINE FOR RESIDENTIAL DEVELOPMENT (PHASES 2 & 3) LOCATION MEADOWHEAD ROAD, PLAINS
Ward No. 46 Grid Reference 278787 - 667040
File Reference C/PL/28760/2005/2/00O/GB/SOH
Site History Outline planning permission was granted for three phases of residential development in 1996 (App. no. C/96/099).
Development Plan Policy HG3/50of the Monklands District Local Plan 1991
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection West of Scotland Water Authority, Scottish Environment Protection Agency, Transco, NLC Director of Education Conditions NLC Director of Community Services, The Coal Authority No Reply Scottish Natural Heritage, Scottish Power
REPRESENTATIONS Neighbours One
Newspaper Advertisement Not required
COMMENTS Planning permission is sought for the Reserved Matters of Application Cl961099 1' for erection of 50 houses on Phase 1 of the development at Meadowhead Road and to renew the outline planning permission for Phases 2 and 3 of the development site.
8 Having assessed the proposal in terms of the concerns of the objector and against the policies of the Local Plan I consider it to be acceptable and recommend that planning permission be granted.
RECOMMENDATION
Grant, subject to the following conditions.
Phase 1 - Reserved Matters
1. That the development hereby permitted shall be started not later than 5 June 2001
R990074 1.DOC 'reduced by I kpartment of Planning and Environment PLANNING APPLICATION: C/99/00741/REM :enb-al Division nunlapal Buildings ERECTION OF 50 HOUSES (PHASE 1) AND (ildonan Street RENEWAL OF OUTLINE FOR RESIDENTIAL .OATBRIDGE DEVELOPMENT (PHASE 2 & 3) AL5 3LN RW-d tmm UM Ream S-ey mmng dh * LOCATION OF OBJECTOR A UM pmhn01 me comimr or M, mws ’elephone01226812222 Fax 01226431068 1:2500 %-%--o~~Z$~ucwmi This copy has been produced speufically for Planning and Building Control purposes Only IWnu” *ad ID pouartMl OI skll prradka )S beence LA 09041L No further copes may be made 79
Reason: To accord with the outline planning permission.
2. That before the development hereby permitted starts, Meadowhead Road shall be upgraded, as shown on Approved Plan No. 812 06. For the avoidance of doubt the upgrading shall take the form of a 6.0m wide carriageway and an adjoining 2.0m wide footpath from the junction of Meadowhead Road and Ballochney Road to the junction of Meadowhead Road and Annieshill View with associated street lighting and the upgrading of the surface water drainage system.
Reason: In the interests of traffic and pedestrian safety.
3. That before the development hereby permitted starts, the applicants shall submit full details for the consideration and written approval of the Planning Authority of the junctions of the access points to the development sites and the traffic calming measures for the upgraded Meadowhead Road, required under the terms of Condition No.2 above. Once approved the traffic calming measures shall be implemented as part of the upgrading works to Meadowhead Road.
Reason: In the interests of traffic and pedestrian safety.
4. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehcular accesses to the development site from Meadowhead Road and at the junction of Meadowhead Road and Ballochney Road and before the occupation of the first house within the site. Thereafter everytlung exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, withn these sight line areas.
Reason: In the interests of traffic and pedestrian safety.
5. That before the development hereby permitted starts, the applicants shall submit full details for the consideration and written approval of the Planning Authority of a pedestrian footpath of a minimum of 2.0m wide along Craiglea Terrace between Phases 1 and 2 of the development.
Reason: In the interests of traffic and pedestrian safety.
!I 6. That no houses within the development site shall be occupied until a 2.0m wide footpath has been provided at Craiglea Terrace to link the footway within the development site with the existing footway on Craiglea Terrace and until the footway required as part of condition No. 5 above is completed to the satisfaction of the Planning Authority.
Reason: In the interests of pedestrian safety.
7. That in the absence of a formal footway a minimum of 2.0m shall be retained as a hghway verge on the north boundary of the site along Ballochney Road.
Reason: In the interests of traffic and pedestrian safety.
8. That before each of the dwellinghouses hereby permitted is occupied, a private vehicular access, or driveway, of at least 11.0 metres in length, shall be provided and the first 2.0 metres of th~saccess, beyond the limit of the adjoining road, or beyond the limit of the service strip, whichever is appropriate shall be surfaced in an impervious material, to be approved by the Planning Authority. On those dnveways which are at a higher level than the adjoining road a drainage facility shall be installed at the junction of the driveway and footpathhervice strip.
R9900741.DOC Reason: To ensure the provision of adequate parking facilities witlun the site pedestrian and to prevent deleterious material being carried out onto the highway, in the interests of vehicular safety
9. That in addition to the requirements of condition no.8 above the driveways for plots 6 and 14 shall be surfaced in an impervious material from the junction with the adjoining road to 2.0m beyond the tum in the dnveway, as shown in red on the approved plan no. 812 05.
Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.
10. That before the development hereby permitted starts, full details of all external materials to be used in construction, includng walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To safeguard the amenity of the adjoining residential area.
11. 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, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.
Reason: To safeguard the residential amenity of the area.
12. That before development hereby permitted starts, a scheme, for the provision of an equipped play area measuring 0.05ha and an additional O.lha of public open space within Phase 2 of the application site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area($; (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 the provision of adequate play facilities within the site.
13. That within one year of the occupation of the last 6 dwellinghouses within Phase 1 of the development hereby pennitted, all works for the provision of the equipped play area, the public open space, the planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition no. 11 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased witlun two years of the completion of the development, shall be replaced witlun the following year with others of a similar size and species.
Reason: To safeguard the residential amenity of the area.
R9900741.DOC 81
14. That no trees or hedgerows within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed fiom the application site, without the approval in writing of the Planning Authority.
Reason: To safeguard the residential amenity of the area.
15. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.
Reason: To safeguard the residential amenity of the area.
16. That before the development hereby permitted starts, 111 details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To safeguard the residential amenity of the area.
17. That, notwithstanding the provisions of the Buildmg Standards (Scotland) Regulations 1990, and before development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Advisor Status (ICE. SISG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.
Reason: To ensure the mineral stability of the proposed housing site in the interest of prospective residents. (Note a copy of the required Certificate is available fiom the Divisional Office.)
18. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, includmg any modlficauons as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed play area; (b) the proposed grassed, planted and landscaped areas; (c) the proposed fences to be erected along the boundaries of all three phases of the dodopment site.
Reason: To safeguard the residential amenity of the area.
11
19. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 18 shall be in operation.
Reason: To safeguard the residential amenity of the area.
Phases 2 & 3 - Outline Planning Permission
20. That the development hereby permitted shall be started either wihn five years of the date of this permission or, within two years of the date on whch the last of the reserved matters are approved whatever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
21. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 22 below, shall be made to the Planning Authority.
R9900741.DOC 82
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
22.. That before development starts on Phases 2 and 3 of the development site, 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, includmg all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (g) details for management and maintenance of the areas identified in (d),(e) and (f) above; (h) the design and location of all boundary walls and fences; (i) the phasing of the development; (i) details of existing trees, shrubs and hedgerows to be retained; (k) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects.
23. That for the avoidance of doubt, the further application to be submitted under the terms of condition 2 1 shall take account of the fact that no development shall take place within the area hatched green on the approved plan.
Reason: In order to preserve the natural habitat and local wildlife aspects of this particular part of the site.
List of Background Papers
- Plans and application forms submitted on 4 June 1999 - Monklands District Local Plan 1991 - Letter of objection from Mr Henry, 2 Low Meadowhead Cottage, Meadowhead Road, Plains - Consultation response received from West of Scotland Water Authority on 17 June 1999 - Consultation response received from Transco on 21 June 1999 - Consultation response received from The Coal Authority on 23 June 1999 - Consultation response received from NLC Director of Education on 28 June 1999 - Consultation response received from NLC Director of Community Services on 15 July 1999 - Consultation response received from Scottish Environment Protection Agency on 1 October 1999
Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr. Graeme Brown.
R9900741.DOC 83
APPLICATION NO. C/99/00741/REM
REPORT
1. THE APPLICATION SITE
1.1 The application site is situated on the east side of Meadowhead Road in Plains. It extends from the junction of Meadowhead Road and Annieshill View, north to the junction of Meadowhead Road and Ballochney Road. The site is divided into three separate areas, divided by existing properties.
1.2 The two elements of the application are divided over the three areas. Firstly, the reserved matters application relates to the northern and largest part of the application side. This site extends to an area of 2.4ha. This site is bounded on the west by Meadowhead Road, on the north by Ballochney Road and on the south and east by existing residential properties at Low Meadowhead Cottage and Craiglea Terrace. 1.3 Secondly, the smaller areas of the application site, in the middle and to the south are included in the application as renewing the existing outline planning permission. These sites measure 2.0 ha in total but are divided to have the middle site being 1.2ha and the southernmost site being 0.8ha. These sites are bounded by Meadowhead Road on the west and by existing residential propeflies at Low Meadowhead Cottage, Meadowhead Cottage and Meadowview, Arkaig Place and Ballochney Drive on all other sides.
2. THE PROPOSALS UNDER CONSIDERATION
2.1 The first and larger element of the proposals is to erect 50 houses on the 2.4ha site at the north end of the development area. The development will be of a mixture of bungalows and two storey semi- detached houses. The site will be developed in a crescent with two new accesses coming off of Meadowhead Road. A pedestrian footpath is also proposed to link the development site with Craiglea Terrace.
2.2 The other two sites have enjoyed outline planning permission since 1996 and it is proposed to extend the term of this planning permission.
2.3 Another aspect of the proposal is to upgrade Meadowhead Road. The carriageway is to be widened to 6.0m with a 2.0m wide footpath all the way from Annieshill View to Ballochney Road, with street lighting and improved surface water drainage. The widened road will also include traffic calming measures and a 30mph speed limit will be promoted for the entire length of Meadowhead Road.
1‘ 3. POLICY CONTEXT
3.1 The entire application site is allocated within the Monklands District Local Plan 1991 as being suitable for ‘New Private Sector Housing Development’.
4. REPRESENTATIONS
4.1 One letter of representation has been received tiom the neighbour of both the larger and the middle site at Low Meadowhead Cottage. He has pointed out that he objects to the development of the site in that he purchased a house in a semi rural environment and as a result of the development will be surrounded by housing. He has also highlighted a dispute over the ownership of part of the area shown in the middle part of the application site. It is claimed that an area adjacent to Low Meadowhead Cottage and Kintyre Crescent is not owned by the applicant.
4.2 Following an amendment to the layout of the site the objector has verbally indicated that he is concerned with the degree of overlooking and the loss of privacy as a result of the two storey property proposed adjacent to his property.
R990074 I .DOC 84
5. CONSULTATIONS
5.1 The servicing authorities have indicated that they have no objections to the proposal, and the Council’s Director of Education has confirmed that there is sufficient capacity within local schools to accommodate the number of pupils a development of this size would produce.
5.2 The Coal Authority have indicated that there are previous underground workings within the vicinity of the site and that the developer should seek appropriate technical advice before building.
5.3 The Director of Community Services has highlighted a number of wildlife and nature conservation issues relating to the entire application site, as well as pointing out the required open space and play provision facilities for the development. A range of planning conditions have been suggested to accomniodate these matters.
6. ASSESSMENT
6.1 Since the principle of development has been established on the site the main issues for consideration are the design and layout of the housing and the layout of the road network.
6.2 The housing proposed for the larger site to the north is a mix of bungalows and two storey semi- detached and is laid out in a crescent shape with the access road looping round to give two access points to the site fiom Meadowhead Road. The houses will have traditional double pitched roofs and the walls will be finished using blockwork and roughcast. Details of the finishing materials will be agreed through the planning conditions before development starts on site.
6.3 The road layout within the site and the upgrading of Meadowhead Road have been designed to accommodate both the current standards of the Council as Roads Authority and to meet the terms of the outline planning permission. On the whole this has been successful with some minor details of the traffic calming for Meadowhead Road to be agreed through the planning conditions before work starts on site.
6.4 The other main issue for consideration is the open spaceiplay provision and the wildlife and nature conservation aspects that relate to the application site. In general these issues relate to the middle (phase 2) of the application site where there is an area of wild grass and wild flowers which attract a high degree of wildlife for this particular locale on the edge of the residential area. The Council’s ecologist is keen that this area is retained along with the mature trees that currently exist on the boundary of the north site with Ballochney Road and within the smaller southern site.
6.5 It is also a requirement of a development site of this size that 1 500m’ of open space is provided with 500m2 of play area within the development. It has been suggested by the Director of Community Services that this could be included within Phase 2 of the development, which gives it a more central location and could be combined with the retention of the wildlife area. In view of the play provision for all three Phases being included in Phase 2 of the development, it is necessary to ensure that the pedestrian links to the play area are sufficient. For this reason I would recommend that over and above the footpath being provided along Meadowhead Road, a footpath is also provided linking Phase 1 with Phase 2 along Craiglea Terrace. On this basis I consider it appropriate to include this aspect in the conditions that relate to the planning permission.
6.6 The only matter that remains is the concerns of the neighbour. Whilst it is not a material consideration in the assessment of the application whether or not the applicant owns all of the site it is appropriate procedure to ensure that the site boundaries are correctly identified and that all relevant landowners are notified of the application. In this instance the applicant has chosen to amend the site boundary to exclude the area under dispute.
6.7 With regard to the objectors verbal concerns over the overlooking by the two storey houses, there is only two two storey semi-detached properties that will bound his properties. These will be adjacent to the eastern extremity of his garden ground and are situated 1 1 .Om from the boundary of the site and there will be no directly intervisible windows. The Council’s current adopted space standards for
R9900741,DOC 85
housing development suggest that the house should be a minimum of 10.0m from the boundary. I therefore consider that this aspect of the layout is acceptable.
7. CONCLUSION
7.1 I have assessed the reserved matters proposal in terms of the previously granted outline planning permission and the renewal of outline planning permission against the policies of the Local Plan. I have taken account of the comments received from the consultees and the neighbour in relation to both aspects of the application proposal. In doing so I have reached the conclusion that the erection of 50 houses on Phase 1 of this development site and the renewal of the outline planning permission for the remainder is acceptable. It is therefore recommended that planning permission be granted for both elements of the proposal.
R9900741.DOC 86
Application No. C/99/01145/FUL Date registered 31 August 1999 APPLICANT Mr. Edward Young, 52 Howletnest Road, Airdrie, ML6 8AL
Agent DEVELOPMENT SITING OF SNACK VAN LOCATION LAND AT FIRST GATE (WESTERN SIDE) OF HORNOCK ROAD, COATBRIDGE
Ward No. 45 Grid Reference 272841 665864
File Reference C/PL/21400/2000/2/000iKC/KH
Site History None
Development Plan In terms of the Adopted Monklands District Local Plan 1991 the site is located within an area covered by the following policies:-
ECONZ Existing General Industrial Areas TR1/7 Support Rail Transport - Gartsheme Freightliner Depot
Contrary to Development Plan No
CONSULTATIONS
Objection None No Objection Conditions No Reply
REPRESENTATIONS Neighbours Yes
Newspaper Advertisement No Response
COMMENTS This application is for the siting of a snack van at the first gate on the western side of Homock Road, Coatbridge. The entrance has been closed for a number of years and it is proposed that the van be situated off the public road on ground that once formed part of the entrance. The reasons for objection are considered in the accompanying report. Having taken the objection into account in the context of the site I would recommend that planning permission be granted.
R9901145.DOC a RECOMMENDATION
Grant, subject to the following conditions.
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the permission hereby granted is for a temporary period only and shall expire on 17 November 2001
Reason: In view of the temporary nature of the proposal and to allow the Council to monitor its effects
List of Background Papers
- Application form and plans dated 18 August 1999. - Adopted Monklands District Local Plan 1991. - Letter dated 26 August 1999 from Vibroplant plc.
Any person wishing to inspect the above background papers should telephone Coatbridge 812382 and ask for Kirsten Cairns.
R9901145.DOC 89
APPLICATION NO. C/99/01145/FUL
REPORT
1. SITE AND PROPOSAL
1.1 This application is for the siting of a snack van on land at the first gate on the western side of Hornock Road, Coatbridge.
1.2 The site is bounded to the west by Gartsherrie Industrial Estate and to the east by Industrial Works. It is proposed that the snack van be located on a piece of hard surfaced land adjacent to the public road, directly across from the vehicular entrance to Vibroplant plc.
1.3 In the past the site was a vehicular entrance, however, it has been closed off for a number of years.
2. CONSULTATION
2.1 None
3. REPRESENTATIONS
3.1 One letter of representation has been received from Vibroplant plc.
3.2 The first point of objection raised is in relation to parking. It is suggested that during busy periods cars will often be double parked on the road. This on-street parking will result in obstructing vision of drivers and occasionally blocking access for vehicles entering or leaving the Vibroplant premises.
3.3 It is felt that the above 2 points would result in difficulties for both pedestrian and vehicular safety.
4. OBSERVATIONS
4.1 While it is the case that the proposal could lead to an increase in the number of vehicles parking in the vacinity, there is scope within the site to park a minimum of 3 cars off the public road. It is felt that on-street parking created by the proposal will be minimal as the snack bar is predominately a service for employees from adjacent premises.
4.2 It is accepted that any on-street parking may occasionally cause obstruction to other drivers, however, (, the impact will be minimal and is not sufficient reason to withhold consent.
4.3 It is felt that both pedestrian and vehicular safety will not be unduly compromised by the proposal.
4.4 The Local Plan policies for the site are as follows:- ECON 2 Existing General Industrial Areas and TR1/7 Support Rail Transport - Gartsherrie Freightliner Depot, The proposal is not contrary to either of the policies, and is certainly an acceptable service within an industrial location.
5. CONCLUSIONS
5.1 Having visited the site and looked at the representations made, it is felt that the overall impact of the snack van will be negligible. At the moment car parking problems are sporadic, and it is expected that any further problems would not solely be caused by the proposal. Furthermore, as the proposal accords with the Council’s local plan it is recommended that the application be granted permission subject to conditions.
R9901145.DOC 90
Application No. S/99/00386/FUL Date registered 23 March 1999 APPLICANT NORTH LANARKSHIRE COUNCIL, HOUSING DEPARTMENT, 69/71 MERRY STREET, MOTHERWELL ML1 1JJ Agent DEVELOPMENT CHANGE OF USE OF PUBLIC LANE TO GARDEN GROUND LOCATION 59/61 DECHMONT AVENUE AND 35/37 ARRAN ROAD, MOTHERWELL
Ward No. 1 &4 Grid Reference 274300 657365
File Reference S/PL/BI 13/24( 75)/MH/AB
Site History
Development Plan Established Housing Area Southern Area Local Plan Finalised Draft
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Transco, British Telecom, Police, Telewest Communications, Cable and Wireless, West of Scotland Water Conditions No Reply Scottish Power
REPRESENTATIONS
Neighbours One letter of objection Newspaper Advertisement Not Required
COMMENTS This application concerns the proposed closure of a public lane between Dechmont Avenue and Arran Road, Motherwell. The lane is to be included within the garden ground of the dwellinghouses adjacent to the lane. This proposal is the result of complaints from adjoining residents regarding anti social behaviour within the lane. A survey was undertaken amongst a number of residents in Dechmont Avenue, Arran Road and Kilnburn Road regarding the proposed closure. It was found that the majority of residents were in favour of the closure. One letter of objection has been received from a resident of Dechmont Avenue. 111 considering the objection I am of the opinion that the grounds for closure are more substantive than any arguments in favour of retaining the lane.. I therefore recommend that this proposal be granted. 1 92
RECOMMENDATION Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted is completed, or brought into use, the two lighting columns located within the lane shall be removed and the ground restored to the complete satisfaction of the Planning Authority.
Reason: To protect local residence from nuisance resulting due to the operation and maintenance of lighting equipment.
3. That before the development hereby permitted is completed, or brought into use the lane shall be closed off by means of fencing, the details of which shall be submitted to, and approved by, the Planning Authority, prior to its erection.
Reason: To ensure that the boundary details match that of the existing boundary treatment and thereby maintains the visual quality of the area.
4. That before the development hereby permitted is completed, or brought into use full details of a scheme for the incorporation of the lane into the adjacent gardens, shaded in BLUE on the approved plans shall be submitted to and approved by the Planning Authority.
Reason: To allow the Planning Authority to control the precise details of the development in the interests of the amenity of the area.
List of Background Papers
Planning application and accompanying plans dated 23/3/99 Southern Area Local Plan Finalised Draft Letter dated 17/3/99 from Mrs R Madin
Any person wishing to inspect the above background papers should telephone Motherwell 302128 and ask for Mrs Hogg. 93
APPLICATION NO: S/99/003 86/FUL
REPORT
1. SITE AND PROPOSAL
1.1 The application relates to the proposed closure of a lane between Dechmont Avenue and Arran Road, Motherwell.
1.2 The submission of this planning application is the result of complaints received by the Housing Department regarding loitering, the consumption of alcohol and vandalism to the footway, fencing and the general surrounding area. In addition, a survey was carried out amongst neighbouring residents which found the majority of residents in favour of the closure of the lane, with only nine out of seventy residents indicating opposition to the closure.
1.3 The lane is situated in the established housing area of North Motherwell between Dechinont Avenue and Arran Road. The lane is pedestrian access only, lit by two lighting columns within the lane itself. It acts as a short cut to and from Dechmont Avenue and Arran Road and is used by residents from surrounding residential areas. It does not appear to connect with any bus route or community facilities which cannot be accessed via alternative routes albeit lengthening the journey.
1.4 If planning consent is granted, in order to effect this development the promotion of a footpath Closure Order by the Council is required under the terms of Section 208 of the Town and Country Planning (Scotland) Act 1997.
2. OBJECTION
2.1 One letter of objection has been received from a resident of Dechmont Avenue. Motherwell.
2.2 The objections relate to pedestrian safety, in particular to young children coming to and froin school who if the lane were to be closed would have to use alternative busier routes. In addition the objector has in the past had problems with youths using her garden srcund as a short cut to Arran Road this proposal she feels would only exacerbate the situation ;I 3. OBSERVATIONS AND CONCLUSION
3.1 I note the objectors concerns regarding the implications to pedestrian safetl and III particular to young school children if this proposal should be granted. However, in my opinioli tlic alternative routes while they may lengthen journey times would not necessaril! :id\ uscl! affect the children’s safety.
3.2 In addition, I am of the opinion that if the lane were to be closed off it would Iia1.e no direct bearing on the problem of youths cutting through the objector’s garden ground to get onto Arran Road. This problem appears to be caused by an existing footpath which acts as a short cut running between the rear garden ground of dwellinghouses to the east of the application site, between Dechmont Avenue and Arran Road. This footpath links up with a small access road onto Scotia Street and Kildonan Place.
3.3 For these reasons I consider the change of use of the public lane to garden ground acceptable and therefore recommend that planning consent be granted. 94
Application No. S/99/0080 l/OUT Date registered 17th June 1999 APPLICANT WM FORREST & SON (PAISLEY) LTD, OMOA WORKS, NEWARTHILL Agent Jas G. Aitchison & Son, 5 Bourne Street, Hamilton, ML3 7BW DEVELOPMENT CONSTRUCTION OF FOOD REPROCESSING UNIT (IN OUTLINE) LOCATION OMOA WORKS, NEWARTHILL
Ward No. 19 Grid Reference
File Reference S/PWB/5/98( 1 8)IGWJM
Site History Numerous applications between 1949 and 1995 relating to the modernisation of and extension to the adjacent Omoa Works
Development Plan Green Belt on the Finalised Draft Southern Area Local Plan
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection SEPA, West of Scotland Water, Protective Services Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement No Response
COMMENTS The applicants are seeking Planning Permission (in Outline) for the construction of a food reprocessing unit adjacent to their existing premises at the Omoa Works, Newarthill. There have been no objections to the proposal, which, given the circumstances relating to the site and the proposed development, I consider to accord with the general provisions of the Finalised Draft Local Plan. Full details of my considerations are contained in the report and it is my recoinrnendation that planning permission be granted for this proposal.
RECOMMENDATION
Grant, subject to the following conditions:-
1. 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;
96
(c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision for loading and unloading of all goods vehicles; (g) the provision of drainage works; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; U) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
4. That, notwithstanding the provisions of Class 5 of the Town and Countp Planning (Use Classes) (Scotland) Order 1997, the proposed food processing unit shall be used solely for the production of edible animal fat.
Reason: To enable the Planning Authority to retain effective control, in order to accord with policy ENV6 of the Finalised Draft Southern Area Local Plan 1998.
List of Background Papers
Application form and Plans registered on 17/6/99 Letter from Architect dated 6/8/99 Finalised Draft Southern Area Local Plan Letter from SEPA dated 23/6/99 Letter from West of Scotland Water dated 30/7/99
Any person wishing to inspect the above background papers should telephone Motherwell 302 104 and ask for Mr Laing. 97
APPLICATION No. S/99/0080 1/OUT
REPORT
1. APPLICATION SITE AND PROPOSAL
1.1 The application site comprises an area of ground, 0.29 hectares in size, to the rear of two semi detached cottages adjacent to the main access to the Omoa Works at Biggar Road, Newarthill. To the north of the site lies farmland, to the south is the access to the Omoa Works, with the works itself to the south east of the application site. The site itself is part of a larger area recently planted with trees, by the applicants, as part of an environmental improvement scheme around the existing facility.
1.2 The proposal comprises the construction of a food reprocessing unit for the production of edible animal fat, the demolition of the two cottages on the site, and the improvement of the main site access. The new facility has to be clearly separate from the existing plant, to comply with health regulations, and will, therefore, be served from a new access road leading off the existing entrance area outside the Omoa Works. The demolition of the two cottages will permit the realignment of the road and visibility splays, at the main entrance, thereby improving road safety.
2. CONSULTATIONS
2.1 Neither West of Scotland Water nor SEPA have any objections. In addition the Head of Protective Services has no objections to the proposed development.
3. CONSIDERATIONS
3.1 As an outline application there is very little detail of the exact nature and design of the proposed plant, although the proposals to demolish the existing cottages and improve the access to the site should be welcomed. The primary considerations of such an outline proposal are therefore the suitability of the site for such a proposal and its acceptability within the Greenbelt. It is anticipated that best practice will be used to eliminate any potential for odours from this process and further details on this issue will be required as part of any future reserved matters application.
3.2 The site in question is adjacent to the applicant’s existing works and, while the proposed operation must be separated from the existing plant, the type of operations to be carried out are broadly similar i.e. the boiling of animal fats to produce bi-products. It could be argued that this is an extension to an existing operation, which has been modernised in recent years to ensure compliance with environmental legislation and is within the applicant’s existing site boundary. In broad terms, therefore, this site is considered suitable for this development.
3.3 In terms of the acceptability of such a proposal in the Greenbelt, the fact that it can be considered an extension to an existing industrial use and will not adversely affect the character and function of the Greenbelt, subject to a detailed planning application, means that this proposal accords with the terms of policy ENV6 of the Southern Area Local Plan Finalised Draft 1998. 98
4. CONCLUSIONS AND RECOMMENDATIONS
4.1 This outline application is intended to secure agreement, in principle, for the development of this site for a food reprocessing facility. In light of my comments above I consider this proposal to be acceptable and appropriate for this site and, subject to fuller details being submitted as part of a reserved matters application, I recommend that permission be granted. 99
Application No. SI99IO 1 118IOUT Date registered 1 September 1999 APPLICANT PETROL EXPRESS, 2ND FLOOR, OLD TOWN COURT, 10/14 HIGH STREET, OLD TOWN, SWINDON SWl3EP Agent Robinson Architects, 52 Laisteridge Lane, Bradford BD7 1QT DEVELOPMENT ERECTION OF RETAIL STORE IN OUTLINE LOCATION 126 AIRBLES ROAD, MOTHERWELL ML12TQ
Ward No. 11 Grid Reference 275467 656187
File Reference SIPLPBI 12/23(85)/AM/AB
Site History 95/00633/FUL - Part change of use to hot food carry out 502193 - Erection of car wash facility 29/87 - Redevelopment of Service Station
Development Plan Zoned RTL9 Other Commercial Uses on Southern Area Local Plan Finalised Draft
Contrary to Development Plan Yes
CONSULTATIONS
Objection Strathclyde Police No Objection Conditions No Reply Glencairn Community Council
REPRESENTATIONS
Neighbours 15 letters of objection Newspaper Advertisement No Response
COMMENTS This is an outline application for the development of a retail store at the ‘Petrol Express’ filling station on Airbles Road, Motherwell. The existing buildings would require to be demolished to allow the development to proceed.
The proposal raises policy and road safety issues and I recommend the application should be refused.
There has been a number of objections to the application with a request for a hearing and site visit in order for objectors to state their case. Planning Application No. S/99/01118/OUT Erection of Retail Store in Outline Airbles Road Filling Station, 126 Airbles Road, Motherwell A 1100 Fp.. 01698M2101 IL * Location of Objectors 101
RECOMMENDATION Refuse, on the following grounds:-
1. The proposed development is contrary to Policy RTL4 of the Southern Area Local Plan Finalised Draft in that:
(i) the development would have an adverse impact on the amenity of surrounding dwellings;
(ii) ,the development would encourage pedestrians to cross a busy dual carriageway road to the detriment of highway safety.
2. The proposed development is contrary to Policy RTLl of the Southern Area Local Plan Finalised Draft in that the proposal does not accord with the policy's aim of directing minor retail developments to town centres or other appropriate commercial areas and could undermine the vitality and viability of such areas.
List of Background Papers
Application form and plans dated 1/9/99 Southern Area Local Plan Finalised Draft Letter dated 20/9/99 from Strathclyde Police Letter dated 23/8/99 from Christine Beveridge, 160 Camp Street, Motherwell Letter dated 23/8/99 from Thomas Mackin, 164 Camp Street, Motherwell Letter dated 27/8/99 from Alistair F Young & Isobel Young, 91 Airbles Road, Motherwell Letter dated 27/8/99 from Hugh Clark, The King's Church, Airbles Road, Motherwell Letter dated 1/9/99 from Janice Penman, 172 Camp Street, Motherwell Letter dated 13/9/99 from Margaret White, 146 Camp Street, Motherwell Letter dated 13/9/99 from A Djuritschek, 152 Camp Street, Motherwell Letter dated 13/9/99 from L Gormley, 174 Camp Street, Motherwell Letter dated 13/9/99 from L White, 180 Camp Street, Motherwell Letter dated 13/9/99 from A Spence, 156 Camp Street, Motherwell Letter dated 13/9/99 from Mrs J Kelly, 154 Camp Street, Motherwell Letter dated 13/9/99 from A Valentine, 148 Camp Street, Motherwell Letter dated 15/9/99 from J Todd, 150 Camp Street, Motherwell Letter dated 6/10/99 from M Docherty, Camp Street, Motherwell Letter dated 8/10/99 from JJF Gebbie, 161 Camp Street, Motherwell Letter dated 20/10/99 from Janet Ford, 121 Camp Street, Motherwell
Any person wishing to inspect the above background papers should telephone Motherwell 302093 and ask for Alistair Maclean. 102
APPLICATION NO. S/99/01 1 18/OUT
REPORT
1. PROPOSAL AND SITE
1.1 The proposal is for outline planning consent to construct a retail outlet at 126 Airbles Road, Motherwell on the site of the existing ‘Petrol Express’ petrol filling station. The present filling station (Texaco) would require to be demolished to allow the proposal to be undertaken.
1.2 The site lies within an area of mixed use development. There are flatted dwellings to the rear, on Camp Street, a sheltered housing development to the east and a church (The Kings Centre) to the west. On the other side of Airbles Road is the Burmah filling station, Kwik Fit and McDonald Motors.
1.3 Although this is only an outline application the applicant has shown some basic details. The proposal is to build a “convenience retail store” of 636 sq m (6845 sq ft) and provide 40 parking spaces. The present separate entrance/exit arrangement would be replaced by one entrance/exit using the present western entrance. No vehicular access is proposed from Camp Street. The applicant has indicated the premises would not be used for the sale of alcohol.
2. OBJECTIONS
2.1 A total of 15 objections have been received from the neighbourhood of the proposed development, one of which was signed by six persons in adjacent houses and requested a Committee site visit and hearing.
2.2 A number of points have been raised by the objectors which can be fairly summarised as fo110 ws :
closeness of development to flats in Camp Street change from residential nature to commercial a overprovision of similar facilities in the area proximity to town centre traffic/congestion/road safety/parking/servicing management of car park a social/environmental/drinking/vandalism out of date plans.
2.3 Strathclyde Police raised two areas of concern. The first related to servicing arrangements within the site which, as shown, could potentially cause pedestriatdvehicle conflict. The second concern related to the attractiveness of the development to residents living in the neighbourhood on the opposite side of the dual carriageway and the formation of an unsafe desire line for pedestrians crossing Airbles Road.
3. COMMENTS ON OBJECTIONS
3.1 The objections raise a number of points of concern, however, it must be borne in mind that this is an application for outline consent and the details shown on the plan are indicative only. I shall deal with the points raised in para 2.2 above individually. 103
3.2 closeness of development to flats in Camp Street
The site lies to the south of the flats and is at a higher level which would cause some overshadowing were the building to be located as shown. Relocation within the site could equally affect the existing sheltered housing development.
3.3 change from residential nature to commercial
The current development on the site is commercial though of a different type to that proposed.
3.4 overprovision of similar facilities in the area
There are currently convenience stores close to the site. Whilst demand is not strictly a planning matter in this case there are concerns in this respect which I deal with further in section 4 of this report.
3.5 proximity to town centre
The application site is within 'A mile of Motherwell Town centre.
3.6 traffic/congestion/road safety/parking/servicing
A store of the size indicated would require 42 spaces and the servicing arrangements are unsatisfactory. It is possible, however, that a smaller store could be accommodated within the site with adequate and satisfactory parking and servicing arrangements.
3.7 management of car park
This point specifically mentioned the use of the car park by football supporters. It would be the responsibility of the site occupier to manage the car park.
3.8 social/environmental/drinking/vandalism
The problems raised here are all too often associated with single or small groups of shops in residential areas. There is little that can be done under planning legislation other than to seek adequate means of securing the property which is difficult in this instance as there is pedestrian access through the site which could be construed as forming a right of way. The applicant has indicated that the premises would not be used for the consumption or sale of alcohol but it would be unusual for a convenience store of this size not to sell alcohol.
3.9 out of date plans
The submitted plans do not show Ravens Court, the sheltered housing development. I am fully aware of the existence of the development which is shown on the Committee A4 plan. 104
4. LOCAL PLAN POLICIES
4. I The most appropriate policy within the Southern Area Local Plan is RTL4 (Assessing Applications for Retail Development. Additionally RTLl (Retail Development) directs minor retail development to established commercial areas.
4.2 RTL4 lists seven main points to be considered when determining applications for retail development. These include:
whether the proposal could be supported by the appropriate catchment population 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 the proposal’s impact on pedestrian safety and traffic circulation.
4.3 There are a number of ‘convenience stores’ in the area which serve local needs. The nearest are at Airbles Street and Leven Street while Lid1 (1000m2) on Windmillhill Street, is only 750 metres distant. It is, therefore, questionable that the local catchment population could support the proposal, although given its location adjacent to Airbles Road the catchment area would be widened by car-borne traffic and the proposals anticipated attraction to passing trade.
4.4 The site is elevated adjacent to Camp Road and I feel development of this nature would require careful design to blend in with the streetscape of the area without detriment to nearby residential uses.
4.5 The site is located adjacent to, and would be accessed directly from, Airbles Road, a busy dual carriageway. There are no pedestrian crossings in the immediate vicinity and it would not be possible to create such a facility due to the narrowness of the central reservation and the location at the brow of a hill. The car parking and circulation proposals as shown are inadequate.
4.6 The existing petrol filling station includes a small shop. A similar facility exists at the petrol filling station on the opposite side of Airbles Road which serves local convenience needs on either side of the road as well as those of car-borne purchasers. This proposal would substantially increase the range of goods on offer at this location and thus encouraging people to cross Airbles Road at this hazardous location to the detriment of highway safety.
5. RECOMMENDATION
5.1 As stated, this application is for outline consent only and any details shown are indicative. The development as shown does not meet parking and manoeuvring standards but could be amended to comply with such if the principle of development is accepted. If such a development was to be constructed it would, in my view, attract pedestrian movement froin the opposite side of Airbles Road and, without a controlled crossing facility would prejudice highway and pedestrian safety. The proposal is also contrary to Policies RTL4 and RTLl of the Southern Area Local Plan Finalised Draft.
5.2 For these reasons I recommend the application should be refused. 105
Application No. S/99/0 1258/FUL Date registered 22nd September 1999 APPLICANT MR & MRS J NICOL, 34 MORRIS CRESCENT, DALZIEL PARK ESTATE, MOTHERWELL Agent DEVELOPMENT CHANGE OF USE OF PUBLIC OPEN SPACE TO PRIVATE GARDEN GROUND AND ERECTION OF GARAGE LOCATION 34 MORRIS CRESCENT, DALZIEL PARK ESTATE, MOTHERWELL
Ward No. 5 Grid Reference 278481-657865
File Reference SIPLIBISIS0(260)/DA/JM
Site History June 1996 - Permission for Play Area granted as part of permission for formation of 102 house plots August 1998- Permission granted for substitution of play equipment and construction of footpath
Development Plan Northern Area Local Plan - Policies, El, E2, E3 (Greenbelt) Southern Area Local Plan, Finalised Draft - Policy HSG2 (Private Housing Development Opportunity) Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours 3 letters of objection Newspaper Advertisement Not Required
COMMENTS The applicant seeks planning permission to enclose a publi, toolpath as private garden ground thus extending the size of his plot ariJ closing the footpath linking the housing element of Dalziel Park to thc Golf Course. A new entrance to the adjacent play area, currently accessed from the footpath, would be provided. A new garage would also be built within the applicant’s plot. Three objections have been made and my comments on these and the merits of the proposal are detailed on the attached report. It should be noted that the application is retrospective in nature but that, despite this, if permission is granted for this application, it cannot strictly speaking be implemented until a footpath closure order is confirmed. RTH -..UARKSHIRE Produced by Depa-t of Flannm~and Envirmmnt COUNCIL Sourncm hvrrron 303 Bend00 Suet CHANGE OF USE OF PUBLIC OPEN SPACE TO PRIVATE ~.w-a mmrn ordrum sww Mww xnm MOTHERWELLMLI IRS GARDEN GROUND AND ERECTION OF GARAGE A apn-nofb* con~rorMrM.*q. S?UbnW OK4 4 Clam WCM- 107
RECOMMENDATION
Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planniiig (Scotland) Act 1997.
2. That notwithstanding the terms of condition (1) above, development of the part of the application site presently covered by the existing footpath shall not begin until a finalised footpath closure order is confirmed.
Reason: To ensure compliance with footpath closure order procedures in terms of Sections 208-209 of the Town and Country Planning (Scotland) Act 1997.
3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That prior to the start of the development hereby permitted full elevational details of the garage shall be submitted to, and approved by, the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
5. That the facing materials to be used for the external walls and roof of the garage shall match in colour and texture those of the existing adjoining dwellinghouse.
Reason: To ensure continuity in the development of the plot, in the interests of visual amenity .
6. That before the development hereby permitted starts, a scheme of landscaping, for the area hatched RED on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of shrub planting, incorporating details of the location, number, variety and size of shrubs to be planted; (c) details of the phasing of these works. 108
Reason: To ensure the re-establishment of visual amenity.
7. That within 3 months of the completion of the construction work hereby permitted, all operations included in the scheme of landscaping and planting, approved under the terms of condition (6)above, shall be completed and any shrubs, or areas of grass which die, are removed, damaged or become diseased within two years of planting shall be replaced within the following year with others of a similar size and species.
Reason: To ensure the re-establishment of visual amenity.
List of Background Papers
Application Form and Plans received on 22/9/99 Letter from Applicant, dated 21/9/99 Motherwell District Council Northern Area Local Plan North Lanarkshire Council, Southern Area Local Plan, Finalised Draft Letter from Mr Galway, 1 Sarazen Court, Motherwell Letter from Mr Smith, 28 Morris Crescent, Motherwell Letter from Mr Anderson, 30 Morris Crescent, Motherwell
Any person wishing to inspect the above background papers should telephone Mothenvell 302090 and ask for Mr Ashman. 109
APPLICATION No. S/99/01258/FUL
REPORT
1. APPLICATION AND SITE
1.1 The applicant seeks planning permission for a change of use of public open space to private garden ground. The public open space, in this instance, consists of a footpath constructed approximately one year ago, leading from the housing part of the development through to the golf course and the country club. The applicant’s proposal is to extend his garden fence out to the eastern boundary of the play area to provide enough space for the widening of the driveway leading to his proposed double garage. The remainder of the line of the former footpath is to be planted with shrubs.
1.2 Although the proposal would close not only the access to the golf course but also that to the play area, the plans submitted with the application show that an alternative access would be provided to the play area.
1.3 It should be noted that before and during the processing of this application, the applicant continued with works to close the footpath and provide an alternative entrance to the play area. Presentiy, the footpath can no longer be used by pedestrians and although the new entrance to the play area has been constructed, work on both the entrance to the play area and uplifting of the footpath seem to have stopped.
1.4 In support of his application, Mr Nicol has provided the following reasons stating that closure of the footpath will,
(1) help to stop vandalism to the first tee on the golf course;
(2) stop children playing on the golf course whilst golf is in progress;
(3) prevent dogs fouling the golf course;
(4) prevent teenagers congregating on the path later at night (loitering problems);
(5) help reduce stones being thrown into the garden from the play area ( there are stones on the verge adjacent to the footpath);
(6) help ensure, through a reduction in people passing through the area, that it is mainly used by young children wanting to play there.
2. OBJECTIONS
2.1 Three pro forma objections have been received by neighbours in the vicinity of the path. The objections are that,
(1) the closure of the footpath constitutes a loss of utility;
(2) the new access to the play area could be at a gradient which may pose a risk to children; 110
(3) the new access to the play area may allow children to exit directly onto a public highway;
(4) a reduction in the size of the play area and the current surrounding open area constitutes a loss of amenity, resulting in a reduced facility for play.
3. COMMENTS AND OBSERVATIONS
3.1 There are no development plan issues in respect of this application, nor were the views of any consultees sought. It should also be pointed out that despite the objectors’ concerns, the play area is not being reduced in size. The only reduction in the “surrounding area” is the proposed removal of the footpath and some soft landscaping outside the play surface.
3.2 Determination of this application will be governed by assessment of personal amenity (of the applicant) against general amenity interest (of other residents within the Estate). I have no reason to doubt the issues raised in the support statement submitted by the applicant. A member of my staff has witnessed many of the problems outlined and some of these have also been verbally reported by other residents in the vicinity of the play area.
3.3 With respect to the objections submitted, these need to be addressed in more detail. Firstly, taking into account the second and third points raised by the objectors, the revised access to the play area would be at a slightly steeper gradient than the existing access. However, ensuring this new path is surfaced with some form of chip bark and a self closing gate located at the entrance to the play area should help minimise the possibility of any accidents occurring. The comment that the closure of the footpath constitutes a loss of utility is undeniably true. The footpath can be used by persons going to the golf course, the country club or merely going for a walk. However, it has also to be considered that this footpath, although undoubtedly more convenient, is not the only means of access to these facilities. It is possible to walk or drive from the housing area around the main accesddistributor road to the golf facilities. Furthermore, the footpath has only been in place for just over one year (permission was granted for it in August 1998). My progress records show that all of the objectors were occupying their houses before permission was granted for the footpath. It is therefore reasonable to state that although removal of the footpath would constitute the loss of a utility, it is one which was not in place before they applied for planning permission for their dwellinghouses.
3.5 Given the remote location of this development, there is very little doubt that the vandalism and dog fouling problems are originating from within the Estate. As they affect not only the applicant but a publicly accessible area (the golf course) it has to be considered how much weight can be given to public rights of access versus the problems created by this access.
3.6 Finally, on this point, it has to be considered how easy it is for children within the Estate to gain access to the golf course when it is in use. The results in nuisance for golfers and, at the same time, safety problem for children who, quite, understandably, see the course as a play opportunity. 111
3.7 To conclude my comments on the issue of the closure of the footpath, although it would remove a public utility, it is one which has created loitering and vandalism problems for the applicant and for users of the golf course. It’s closure should lessen, if not indeed remove these problems. At the same time, it has to be considered that it is not the only means of access to the golf course and the country club and, therefore, these rights of access would not be completely removed. In considering all these factors I would suggest that the wider public interest, as well as the more private interests of the applicant, would be served by the enclosure of the footpath as garden ground.
3.8 However, should the Committee accept my recommendation, it has to be noted that approval of the application is only the first stage in the process. A footpath closure order, in term of Sections 208-209 of the Town and Country Planning (Scotland) Act 1997, will have to be promoted to allow the planning permission to be implemented. If objections were to be received to the Order, which would seem likely, a public local inquiry would need to take place. A request to Committee for permission to promote the Order will be made to the next meeting of the Committee provided the current application is approved.
4. CONCLUSION
4.1 Footpaths connecting two public places, remote from the carriageway and adjacent to residences are nearly always a source of nuisance. In this instance, the footpatli has also facilitated vandalism, other anti-social behaviour in addition to its intended purpose of providing a pedestrian link from the housing part of Dalziel Park to the golf course and country club. Having weighed all the relevant factors in this case I conclude that both the wider public interest and those of the applicant are best served by the permitted enclosure of the footpath as garden ground and, therefore, the closure of the footpath.