Planning Index

DEPARTMENT OF PLANNING AND ENVIRONMENT

Plann ing Ap p Iicat ions for cons iderat ion of Planning and Environment Committee

Committee Date : 16thJanuary 2007

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved

29 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 16'h January 2007

Page Application No. Applicant DevelopmentlLocus Recommendation No 33 N/06/01228/OUT Mr. Alan Shephard Construction of a Grant Dwelling house Request for Site 58 Glasgow Road Visit and Hearing Kilsyth

39 N/06/01679/FUL Earls Property Alterations to the Rear Grant Elevation 47 Main Street Cumbernauld Village

45 N/06/01724/FUL EHS (Scotland) Ltd Construction of 15 Flats Grant Burnett's Garage, Request for Site Cumbernauld Road Visit Mollinsburn

52 N/06/01745/FUL Mr. Colin Reid Erection of a Fence Grant 4 Rosehill Drive Condorrat.

55 N/06/01789/REM The Walker Group Construction of 115 Houses Grant (P) Site Adjacent to Broadwood Stadium Cumbernauld

62 N/06/01792/REM The Walker Group Construction of 69 Houses Grant (P) Site Adjacent to Broadwood Stadium Cumbernauld

69 N/06/01901/FUL Blacktongue Construction of Two Grant Developments Ltd. Dwellinghouses Request for Site Land to Rear of 26-28 Visit & Hearing Ballaig Crescent Stepps

74 C/05/00896/FUL Willow/Rosetree Construction of Two Blocks Refuse Homes Ltd of Flatted Dwellinghouses at Burnbank Cottage Mavisbank Street, ,Airdrie

79 C/06/0137O/FUL Mr & Mrs F. Mclntyre Change of Use from Office Grant (P) Accommodation to Holiday Cottage at Stepend Garage 11 Stepend Road, Plains Airdrie.

85 C/06/01612/FUL Mr A. Mohammed Change of Use of Post Grant Office to Two Flatted Dwellinghouses at 130 - 134 Coatbridge Road, Glenmavis, Coatbridge

30 91 C/06/01728/AMD Northlnvest Ltd Construction of Residential Grant (P) Development of 61 HouseslFlats with Ancillary Access Road (Including Roundabout on Rochsolloch Road) and Landscaping at Former Pye Factory Victoria Place Cairnhill Airdrie

98 C/06/01737/FUL Mr Gulam Ghos Change of Use of Butcher’s Grant Shop (Class 1) to Hot Food Takeaway at 128 Main Street Salsburgh Shotts

104 C/06/01907/FUL T-Mobile UK Installation of 14.7m Grant Telecommunications Mast With Three Antennas and Ancillary Equipment Cabinets at Land To The North Of Rentokil Cleaning Services, Heritage Way Coatbridge

109 C/06/01955/FUL Mr Eric Bell Construction of Grant Dwellinghouse at Wilmar Hulks Road, Greengairs

116 C/06/01975/FUL Steve Parker Alteration to Condition No 1 Grant of Planning Permission 05/00976/FUL to Extend Time Limit for Siting Play Equipment at Drumpellier Country Park Townhead Road, Coatbridge

120 C/06/01985/FUL Mr John McDougall Two Storey Extension to Grant Side of Dwellinghouse including Single Integral Garage at 1 Moorcroft Drive Petersburn, Airdrie

125 C/06/02103/AMD St Francis Xavier Construction of 12 Terraced Grant Foreign Mission Houses and 12 Three Storey Society Flats St Francis Xavier College Calder Avenue Coatbridge

134 S/06/00785/FUL Kenmore Homes UK Housing Development of 77 Grant Ltd Dwellings and Associated Roads Land Between Spindleside Cottage, Station Road Cleland, Lanarkshire

31 146 S/06/01832/OUT Mr & Mrs John Weir Erection of Dwellinghouse Refuse 1 Bridge End, Dykehead Shotts

152 S/06/01834/FUL Mr William Hardie Erection of One and a Half Grant Storey Dwellinghouse 68 Kenilworth Avenue Wishaw

157 S/06/01852/FUL Steve Graeme Construction of Decking, Grant Beer Garden and Children's Play Area, Demolition of Existing Stores and New 14 Space Car Park to Rear of Hotel. Internal Alterations to Ground Floor Layout and Front Terrace with Retractable Awnings Commercial Hotel 422 Main Street Wishaw.

163 S/06/01876/AMD Porter Properties Ltd Amendment to Planning Grant Application S/01/01360/REM Comprising Amendment to Design of Block D, Block D 29-45 Bruce Avenue Motherwell

170 S/06/01884/FUL Kerrs Bakery Extension to Bakery Grant Land To Rear Of, 33 Main Street Holytown, Motherwell

177 S/O6/01900/FUL Mr T Sullivan Erection of One and a Half Grant Storey Dwellinghouse 60 Monroe Drive Uddingston

184 S/06/01995/FUL T-Mobile (UK) Ltd Installation of a 15 Metre Grant High Telecommunications Flagpole and Associated Ground Based Equipment Shotts Bon Accord Football 8, Social Club, Baton Road Shotts

N/06/01789/REM If granted, a Legal Agreement will be required N/06/01792/REM If granted, a Legal Agreement will be required C/06/01728/AMD If granted, Section 69 Agreement to be concluded C/06/01370/FUL If granted, Section 75 Agreement to be concluded

32 Application No: N/06/01228/OUT

Date Registered: 14th July 2006

Applicant: Mr Alan Shephard 22 Blairforkie Drive Bridge Of Allan

Agent John Kirkhope, Chartered Architect 3 Drove Hill Cum bernauld

Development: Construction of a Dwellinghouse

Location: Site Adjacent to Westbrook 58 Glasgow Road Kilsyth

Ward: 65 Queenzieburn and Kilsyth West : Councillor Jean Jones

Grid Reference: 270897677968

File Reference: N/06/01228/OUT

Site History: None

Development Plan: The application site is covered by Housing Policies in the Kilsyth Local Plan 1999.

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No Objection) Scottish Water (Comments) Kilsyth Community Council (0bjection)

Representations: 2 Letters of Representation

Newspaper Advertisement: Not Required

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; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the provision of drainage works; (f) the disposal of sewage.

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

33 Site Adjacent to 58 Glasgow Road Kilsyth 1 :I.250 Construction of a Dwellinghouse * Representation

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

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

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

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

4. That notwithstanding the generalities of Condition 1 above, the proposed dwellinghouse and plot layout, where appropriate, shall:-

(a) be no more than 2 storeys in height; (b) be positioned facing Glasgow Road: (c) sit no further forward than Westbrook and the building line outlined on Drawing no. JKA 2006- 12 LAY 03 RevC; (d) provide off street parking at a rate of 3 spaces for a 3-4 bedroom dwelling and 4 spaces for a 5 bedroom dwelling; and (e) provide a paved driveway with drainage facility.

Reason: To ensure that the dwellinghouse is acceptable for the site and for the general area.

5. That before the development hereby permitted starts, a site investigation survey shall be carried out in accordance with the requirements of British Standard Code of Practice BS101752001 and a report of this survey shall be submitted to the Planning Authority in both written and electronic format. For the avoidance of doubt, the survey must look at all aspects of contamination of the site with particular reference to addressing the issue in terms of assessing the risk posed by the presence of pollutants in relation to sensitive receptors and, where appropriate, must include remediation proposals. Any analytical or investigatory work used to support the conclusions of the survey must include information regarding the methodology and Quality Assurance systems used.

Reason: In the interests of environmental and amenity protection as the site is in close proximity to several potential sources of contamination including unknown filled ground, a factory site, mineral railways and underground tanks.

6. Any works required in order to remove or render harmless any contaminants in connection with the site investigation survey shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: In the interests of environmental and amenity protection.

7. That notwithstanding the generalities of Condition 1 above, prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems design manual for Scotland and Northern Ireland published by ClRA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

35 Background Papers:

Application form and plans received 14'h July 2006

Letters from Scottish Environment Protection Agency received 21St August and 16'h December 2006 Letter from Scottish Water received 12thAugust 2006

Letters from Mr James Rankin, "Corvallis", 60 Glasgow Road, Kilsyth, G65 9AD received 26'h July and 2"d August 2006. Letter from Kilsyth Community Council, C/o Mr Machray, 19 William Wilson Court, Kilsyth, G65 9DP received 28'h August 2006.

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463.

DATE : 3rdJanuary 2007

36 APPLICATION NO. N/06/01228/OUT

REPORT

1. Description of Site and Proposal

1.1 This outline application is for the construction of a dwellinghouse adjacent to Westbrook, 58 Glasgow Road, Kilsyth. The application site currently forms part of the garden area of Westbrook, which sits on an extremely large plot of land.

1.2 It is proposed that the new house will utilise the existing vehicular access (a small part of which is shared with Corvallis), whilst the intention is to create a new separate vehicular access for the existing house.

2. Development Plan

2.1 The application raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against Local Plan policies. 2.2 In terms of the Kilsyth Local Plan 1999 the application site is located within an area covered by Housing Policies HG3 - 5. These policies seek to protect the established character of existing and new housing areas.

3. Consultations and Representations 3.1 My Traffic and Transportation Section have no objection to the proposal, but have pointed out that the creation of a new vehicular access will require a Section 56 Road Opening Permit from the Council. The applicant has been made aware of this requirement.

3.2 My Pollution Control Section have requested that a site investigation survey be carried out in accordance with BS10175:2001,as the site is in close proximity to several potential sources of contamination including unknown filled ground, a factory site, mineral railways and underground tanks.

3.3 SEPA initially objected to the proposal, as the site is adjacent to an unnamed watercourse. They recommended that the applicant undertake a Flood Risk Assessment. The applicant submitted the required Flood Risk Assessment, which subsequently lead to the withdrawal of SEPAs objection.

3.4 Scottish Water has stated they have no objection to the proposal. They also state a totally separate drainage system will be required for the surface water from the site and make it clear that they support the principles of sustainable urban drainage systems (SUDS).

3.5 Two letters of representation have been received in connection with the application from the occupiers of Corvallis at 60 Glasgow Road. The main points of objection and my comments thereon are as follows:

+ The objectors' house was positioned to take advantage of the view. A new house would severely restrict the view they currently enjoy.

Comment: There can be no doubt that a new house will have an impact on the current view, although not all the views from their property will be restricted. It should also be remembered that there is no legal entitlement to a view.

+ There is concern that the proposal will lead to a loss of privacy.

37 Comment: The introduction of a new house will have some impact on the privacy currently enjoyed by the occupiers of No.60, but it would not be serious enough to warrant refusal of this application on privacy grounds alone.

+ The construction of a new house in such close proximity would devalue their property.

Comment : Property valuation is not a material planning consideration and should not influence the determination this application.

+ Pedestrians use this part of Glasgow Road; therefore the increase in vehicular traffic generated by another house would have a detrimental impact on their safety.

Comment :The amount of additional vehicular traffic generated by a further house will be not be significant. Furthermore, my Traffic and Transportation Section have not raised this as an issue.

+ The noise associated with the construction of a house would have a serious effect on a neighbour, who is a nightshift worker, and would frighten their dogs.

Comment : Nearly all forms of construction have an impact on surrounding neighbours, however, the disturbance is usually of a short-term nature and is not a justifiable reason for refusal in its own right.

+ Kilsyth Community Council raised concern over the lack of information provided.

Comment : As this is an outline planning application, the level of information required is limited.

+ There is also concern about the appropriateness of building on this wedge of land; Westbrook has an excellent setting back from the road and it is felt the view and setting will be jeopardised.

Comment : It is agreed that Westbrook does have an attractive setting. However, as the majority of houses on the north side of Glasgow Road are set well back, it is considered appropriate that any new house should do the same. The imposition of a condition will ensure that the house respects the setting of the area and will also help to minimise its impact on Westbrook and the surrounding area.

4. Plannina Assessment and Conclusions

4.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The development accords with the housing policies of the Kilsyth Local Plan 1999.

4.2 Notwithstanding the objections received, outlined in Section 3 above, it is recommended that planning permission be granted.

4.3 It should be noted that Mr James Rankin of 60 Glasgow Road has requested that the Planning and Environment Committee visit the site and hold a hearing prior to determining the application.

38 Application No: N/06/01679/FUL

Date Registered: 10th October 2006

Applicant: Earls Property 23 Earls Hill Cumbernauld G68 9ET

Development: Alterations to Rear Elevation

Location: 47 Main Street Village Cum bernauld Glasgow G67 2RT

Ward: 54 Seafar and The Village Councillor Neil McCallum

Grid Reference: 276771 6761 05

File Reference: N/06/01679/FUL

Site History: N/05/01733/FUL Alterations, Extension and Change of Use from Class 1 (Retail) to Class 2 (Financial and Profes$onal Services) and Demolition of External Store Approved 14 December 2005

N/06/00142/FUL Alterations, Extension and Change of Use from Class 1 (Retail) to Class 2 (Financial Professional and Other Services) Approved 2gthMarch 2006

Development Plan: The property lies within Cumbernauld Village Conservation Area, and is therefore covered by Policy EN1 of the Adopted Cumbernauld Local Plan 1993

Contrary to Development Plan: No

Consultations: Architectural Heritage Society (No Objections)

Representations: 3 Letters of Representation

Newspaper Advertisement: Advertised on 18th October 2006

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 details of all replacement rainwater goods shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt these shall have a painted finish.

39 * Representations

40 Reason: To enable the Planning Authority to consider this aspect in the interest of the visual amenity of the building and Conservation Area.

3. That the material used to infill the existing door opening shall match in colour and texture that of the rest of the property.

Reason: In the interest of the visual amenity of the building and Conservation Area.

Background Papers:

Application form and plans received 1Oth October 2006.

Letter from Architectural Heritage Society received 30thOctober 2006

Letters from Dr Penny Munn, 45A Main Street, The Village, Cumbernauld, received 12'h October and 8'h November 2006. Letter from Ms Lynne Stevenson, 53 Main Street, Village, Cumbernauld, received 8'h November 2006.

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

DATE : 3rdJanuary 2007

41 APPLICATION NO. N/06/01679/FUL

REPORT

1. Description of Site and Proposal

1.1 The property was until recently a traditional stone built single storey building forming part of a terrace of mainly two storey buildings on Cumbernauld Village Main Street. It is within the Cumbernauld Village Conservation Area. The property was last used as a shop but has been vacant for a number of years. In the past few months a new upper floor has been created.

1.2 Planning permission was granted under delegated powers for an a change of use from Class 1 (Retail) to Class 2 (Financial, Professional and Other Services) and extension to the property at the rear, and demolition of the existing outbuilding in December 2005. The approved scheme cannot be implemented because of land ownership issues with ground to the rear of the property.

1.3 Planning permission was granted in March 2006 for a change of use from Class 1 (Retail) to Class 2 (Financial, Professional and Other Services). The application included alterations to the property to create a new upper floor by building up from the existing wallhead and re-roofing with a shallower pitch of roof (as previously stated this work has recently been implemented). It also included the installation of new windows on the rear elevation.

1.4 The current proposal is for the creation of a new door in the rear elevation and repositioning of the 3 recently approved windows, also on the rear elevation of the property. Work has begun on the repositioning of the door but ceased after the Department explained the alterations required planning permission. The 3 windows on the rear elevation have been installed.

2. Development Plan

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

2.2 This is a traditional property within the Cumbernauld Village Conservation Area. Policy EN1 of the adopted Cumbernauld Local Plan 1993 is therefore of relevance. Policy EN1 presumes against development which does not preserve and enhance the character of a Conservation Area.

3. Consultations and Representations

3.1 The Architectural Heritage Society of Scotland has stated they find the proposals acceptable.

3.2 3 letters of representation have been received in connection with the application. The points of objection and my comments thereon are as follows:

+ The building is of vernacular interest and is of considerable age, constructed of large boulders at the base in place of foundations. Moving the door opening will require several feet of the rubble wall to be broken through, including the boulders that serve as foundations.

Comment: The above is not a reason for refusal, although the applicant will need to satisfy himself that the works do not affect the stability of the property.

42 + The blocking up of the existing door will not be able to reproduce the original line of the wall, being detrimental to the appearance of the building.

Comment: It may be apparent that a door once existed elsewhere on the rear boundary of the property, however, this in not an unusual feature on buildings of such an age.

+ The door should not be relocated to comply with fire regulations.

Comment: It is of no concern in planning terms as to why the door needs to be relocated.

+ The requirement for the fire exit at the rear of the building is ill-conceived as there is no physical access to Main Street from the rear of the property. Any exit should be at the front of the property, directly onto Main Street.

Comment: The applicant and the neighbours at Nos. 45A and 53 Main Street are disputing the ownership and legal right of access of land at the rear of No. 47. This is a legal matter between the parties and is not material to the consideration of this application.

+ The ground to the rear of No. 47 forms part of the garden of No. 45A and has a gate at the boundary that prevents free access to the land belong to No.53. It is stated that No.47 only has a right of access from the exiting door to the storage building to the rear of the property. Furthermore, the land at the side of No.47 which is through the penned close, is owned by No.53 and the owners of No. 47 have no right of access over this land.

Comment: The above is a legal matter. The applicant will have to satisfy himself that he has a legal right of access from the rear of the building, through the close leading on to Main Street.

+ There is concern that if the works are approved, the fire exit at the rear of the building will create a right of access through land of Nos. 45A and 53 which did not previously exist.

Comment: Again, the above is a legal matter and is not material to the consideration of this application.

+ Such a right of access would destroy the privacy of the residents at Nos. 45A and 53, and would have a considerable negative impact on the residential amenity of the area and their quality of life. If the access needs to be maintained around the clock it will be difficult to prohibit the public from entering the objectors’ gardens. It is of particular concern as the surrounding mixed uses (including licensed premises) can operate 24 hours a day.

Comment:. It is considered that the proposal will have a minimal impact on the objectors as it should only be used in the event of an emergency. The issue over security is something that requires to be agreed by all parties and could be resolved by all those who have a legal right of access over the land having a key to the two gates. If the objectors are able to prove the applicant does not have a right of access over land to the rear and side of No.47 then the works will not be able to be implemented.

4. Plannina Assessment and Conclusions

4.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. The development accords with Policy EN1 of the adopted Cumbernauld Local Plan.

4.2 The majority of the concerns raised by the objectors are related to the ownership of and right of access to the land to the rear and side of No. 47. There are also concerns that the creation of a

43 fire exit at the rear of the building will create a right of access which didn’t previously exist and could lead to privacy and security implications if around the clock access is required. As previously mentioned, these concerns are of a legal nature and are not material to the consideration of this application. If the objectors are able to legally establish that the applicant does not have a right of access over the land then the proposal cannot be implemented. This being the case, the applicant would need to investigate locating the required fire exit on the front elevation of the building leading directly on to Main Street.

4.3 Having taken all relevant material considerations into account, it is therefore recommended that planning permission be granted.

44 Application No: N/06/01724/FUL

Date Registered: 17th October 2006

Ap pI ica n t : EHS (Scotland) Ltd Unit 34, Coatbridge Business Centre 204 Main Street Coatbridge

Agent Ross Woods Architects 4 Somerset Place Glasgow

Development: Residential Development (15 Flatted Units)

Location: Burnetts Garage Cumbernauld Road Mollinsburn

Ward: 67 Moodiesburn East and Blackwood West: Councillor William Hogg

Grid Reference: 271 91 0 671 725

File Reference: N/06/01724/FUL

Site History:

Development Plan: The site is covered by Policy HG3 (Retention of Residential Amenity) of the Northern Corridor Local Plan 2005.

Contrary to Development Plan: No

Consultations: Scottish Water (Conditions) NLC Community Services (No Objections) NLC Education (No Objections) SEPA (Condfiions) Representations: Two letters of representation.

Newspaper Advertisement: Not Required

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 starts, full details of the locations and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environmental Protection Agency's principles of Sustainable Urban Drainage Systems (SUDS).

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

45 8

Representation Received From: Chryston Community Council

Residential Development *Representation

46 3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA manual and the approved plans and thereafter the system shall be maintained in accordance with the details agreed under the terms of Condition 2 above

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

4. That the new dropped kerb vehicular access shall be 6 metres (max.) wide and shall be constructed to the specification of North Lanarkshire Council, with the existing Junction access being reinstated with a 2m wide footway.

Reason: In the interests of traffic and pedestrian safety.

5. That a minimum of the first 10 metres of the access and across its entire width shall be paved to prevent deleterious material being carried onto the public road. In addition adequate site drainage shall be installed to ensure that no surface water runs onto the public road.

Reason: To prevent deleterious material being carried onto the road.

6. That a visibility splay of 4.5m x 60m shall be provided at the connection with Cumbernauld Road, measured at a driver’s height of 1.05m. All existing vegetation and structures such as walls shall be loweredhemoved and nothing new constructed or permitted to grow within this envelope that would interfere with visibility.

Reason: In the interests of traffic safety.

7. That before the development hereby permitted is completed, 23 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

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

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

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

9. That before development hereby permitted starts, full details of the design, location and finishing materials of the bin storage areas to be constructed on site shall be submitted to, and approved in writing by the Planning Authority; provision shall be allowed for two bins per flat or such other scheme as is approved in writing by the Planning Authority.

Reason: In the interests of visual amenity and to ensure there is adequate bin storage provision for the development hereby approved.

10. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping , grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and

47 size of trees and shrubs to be planted; (c) details of the phasing of these works

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

11. That within one year of the occupation of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 10, 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 visual amenity of the site and the surrounding area.

12. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas plus all other communal areas.

Reason: In the interests of amenity by ensuring that landscape and communal area maintenance is appropriate for the site.

13. That before the development hereby permitted starts, full details of the existing and proposed levels on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To ensure that levels are appropriate for the site and the general area.

14. That before development hereby permitted starts, a site investigation survey shall be carried out in accordance with the requirements of the British Standards code of practice BS10175:2001 and a report of this survey shall be submitted to the Planning Authority.

Reason: To ensure any contaminants on site are removed or rendered harmless.

15. That any remediation work identified by the site investigation required in terms of Condition 14 above shall be carried out to the satisfaction of the Planning Authority. Within three months of any remediation works being carried out, a certificate (signed by an Environmental Engineer) shall be submitted to the Planning Authority confirming that the works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contaminants in the interests of amenity and the wellbeing of the surrounding area

Background Papers:

Application form and plans received 17'h October 2006

Letter from Scottish Water received 2dh October 2006 Letter from SEPA received 2gthDecember 2006 Memo from NLC Community Services received 4'h November 2006 Memo from NLC Education received 6'h November 2006 Memo from Traffic & Transportation Team Leader (Northern Area) received 27'h November 2006

48 Memo from Geotechnical Team Leader received 7'h November 2006 Memo from Head of Protective Services received 7'h November 2006

Letter from 6 Miles, 61 Cumbernauld Road, Mollinsburn, received 24'h October 2006. Letter from Chryston Community Council, C/o Miss R Anderson, Hon. Secretary, 1 Neuk Avenue, Muirhead, received 6'h November 2006.

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

DATE : 3rdJanuary 2007

49 APPLICATION NO. N/06/01724/FUL

REPORT

1. Description of Site and Proposal

1.1 This application seeks permission for a flatted development consisting of two blocks, associated roads and car parking on the site of Burnetts Garage, Cumbernauld Road Mollinsburn. The site is situated at the north eastern side of the village and measures approximately 0.3 hectares. Currently the site is made up of a number of buildings associated with the garage land use.

1.2 The site is on varying levels in comparison to the surrounding area. No.67 Cumbernauld Road is more elevated than the site but Mollrose House is lower. The site is in a prominent position in relation to the adjacent lower lying land to the north, with it currently presenting an unattractive view from the A80.

1.3 The 15 flats will be made up of 2 blocks, one block of 2 flats and one of 13. The smaller block will be situated on the southern side (road frontage) of the site whilst the larger block, which is 3 stories high will be situated at the lower northern side of the site. All the flats will have 2 bedrooms.

2. Development Plan

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

2.2 The site is covered by Policy HG3 (Retention of Residential Amenity) of the Northern Corridor Local Plan 2005.

3. Consultations and Representations

3.1 Consultation responses are as follows;

a) Scottish Water : No objections. A Sustainable Urban Drainage System should be utilised. b) SEPA : No objections. They point out that the discharge of treated effluent from the private sewage plant will need a licence under the Water Environment (Controlled Activities) (Scotland) Regulations 2005. The flood risk from the Mollins Burn is likely to be low. c) NLC Community Services : There are no nature conservation concerns. d) NLC Education : Schools have sufficient accommodation to cope with the projected pupil increase with the exception of Glenmanor Primary School which may be marginally over capacity in 201 1. e) My Pollution Control Section : Request that a ground investigation report be submitted in view of the existing garage use of the site. SEPA have also made this point. f) My Transportation Section have no objections to the application subject to conditions.

3.2 Where appropriate planning conditions can be imposed covering consultee comments.

3.3 Letters of objection have been received from the owner/occupier of 61 Cumbernauld Road, Mollinsburn and from Chryston Community Council. The main points of objection and my comments are as follows.

50 0 The area of the site where it is intended to erect a 3 storey block of flats is contrary to Local Planning, as this area is designated Green Belt (Policy E PR0.2) There is an absolute prohibition on developments of this kind in this area.

Comments: The site is covered by Policy HG3 (Retention of Residential Amenity) of the Northern Corridor Local Plan 2005. It is noted, however, that due to indistinct plan draughting a small peripheral part of the site may appear to be in the Green Belt. This is brownfield development with the area being in existing garage use.

0 The flats will dwarf all the existing houses and buildings in Mollinsburn village. Any housing that may be approved should be in keeping with the rest of the village and should be limited to low rise dwellings. The visual impact of a 3-storey block on the approach from the A80 would be very conspicuous.

Comments: The site and the area in general is built on varying levels. No.67 Cumbernauld Road is on a higher level than the existing garage site, whilst Mollrose House is situated at least 15 ft below the garage site. The block of flats that will be situated on the road frontage will only be two storeys and will be compatible with other Cumbernauld Road frontage buildings. The flats that will be situated at the rear of the site will be two and three storeys. Currently the view from the A 80 is one of a garagekcrap yard. The design and elevations of the property will ensure that the visual impact is not of detriment to the area. Mollinsburn village has varying types and uses of buildings and it is not considered that the proposed development will be out of keeping with the local area.

0 There is a need to ensure that parking is adequate. Car parking and traffic flow in Mollinsburn is already a problem and may get worse when the upgrading of the A80 starts.

Comments: Parking is deemed to be satisfactory, with the proposed 23 spaces meeting the normal 150% guideline for flatted properties.

0 As Mollinsburn is not on the main drainage system, it should be ensured that adequate provision is made to cope with any further development in this area.

Comments: A sceptic tank that discharges to the Mollins Burn currently services the site. This will be replaced by a private sewage system discharging into the Mollins Burn. Scottish Water has no objections to the application.

4. Plannina Assessment and Conclusions

4.1 In accordance with section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This proposal is not contrary to the Local Plan

4.2 This is a well designed development that will upgrade this part of Molllinsburn and will be compatible with adjacent housing. An advantage of the development is that it will replace the current garage use that often caused congestion and parking problems.

4.3 Having taken account of all relevant material planning considerations, and notwithstanding the concerns raised, it is recommended that planning permission be granted.

4.4 Please note that Chryston Community Council have requested that the Committee visit the site before determining this planning application.

51 Application No: N/06/01745/FUL

Date Registered: 23rd October 2006

Applicant: Mr Colin Reid 4 Rosehill Drive Condorrat Cumbernauld G67 4EQ

Development: Erection of a Fence

Location: 4 Rosehill Drive Condorrat Cum bernauld Condorrat G67 4EQ

Ward: 63 Condorrat North and Westfield : Councillor Balwant Sing Chadha Grid Reference: 273123672987

File Reference: N/06/01745/FUL

Site History: No recent history

Development Plan: This site is covered by Policy HG4 (Residential Amenity) in the adopted Cum bernauld Local Plan 1073

Contrary to Development Plan: No

Consultations:

Representations: One letter of representation

Newspaper Advertisement: Not Required

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.

Background Papers:

Application form and plans received 23'' October 2006 Memo from Traffic & Transportation (Northern Area) received 15'h Novemberh2006 Letter from Mrs A Hughes, 6 Rosehill Drive, Condorrat G67 4EQ, received 9 November 2006.

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

DATE : 3rdJanuary 2007

52 1:I ,250 ' *Erection of a Fence 1. Description of Site and Proposal

1.1 This application is seeking permission for the erection of a 1.6 metre high wooden fence at a semi-detached house at 4 Rosehill Drive, Condorrat. The proposed fence would be situated in the front garden along the boundary line between NOS.4 and 6 Rosehill Drive, and would run from the building to the boundary with the remote public footpath. Note that the houses face on to the footpath, and take vehicular access from the rear courtyard.

1.2 The front gardens currently have sporadic planting on the boundary, but there is no solid fencing. The proposed fence will be constructed of wooden panels measuring approximately 1.8 metres long. The fence will have a concrete edging at the bottom running its entire length.

2. DeveloDment Plan

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

2.2 The property is covered by policy HG4 (Residential Amenity) in the Cumbernauld Local Plan, 1993.

3. Consultations and Representations

3.1 One letter of representation has been received from the owner/occupier of No.6 Rosehill Drive. The main points of objection and my comments thereon are as follows:

0 The height of the fence, and the fact it adjoins the front living room window, means that it would restrict the amount of light within the room and, aesthetically speaking, may have a negative impact on potential buyers.

Comments: The fence will be situated along the common boundary with No.6. It will not adjoin the neighbouring window. Currently there are Leylandi trees planted along this boundary, which are already the height of the proposed fence. There are also 40ft high conifers situated on the other boundary between Nos.6 and 8 that, for part of the day, will cast shadows on the front garden and the front of the property. Nevertheless, the room will enjoy sun in the early part of the day and due to the height of the fence will still receive substantial light until late afternoon

0 It will detract from the view that I currently have from my front room making the large fence the focal point of the whole garden.

Comments: The fence will be situated on the boundary on the far side of the garden. It will not affect the amount of space or light enjoyed by the garden. There is no legal entitlement to a view, but even so, I do not consider that the fence will significantly detract from the outlook currently enjoyed by the occupants of No.6 as to justify refusing planning permission - bearing in mind the existence of Leylandi trees.

4. Plannina Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise This proposal is not contrary to Local Plan Policy

4.2 The fence is not so high as to cause a detrimental amount of overshadowing or loss of sunlighVdaylight to the neighbouring house. In all other regards, the proposed fence is considered to be acceptable in planning terms. Accordingly, and notwithstanding the objection, it is recommended that planning permission be granted.

54 Application No: N/06/01789/REM

Date Registered: 30th October 2006

Applicant: Walker Group (Scotland) Ltd Westerwood House Royston Road Deans Industrial Estate Livingston West Lothian EH54 8AH

Agent Hypostyle Architects 49 St Vincent Crescent Glasgow G3 8NG

Development: Construction of 115 Dwellinghouses

Location: Site Adjacent to Broadwood Stadium Cumbernauld

Ward: 56 Balloch W, Blackwood E and Craigmarloch : Councillor Barry McCulloch

Grid Reference: 272788673972

File Reference: N/06/01789/REM

Site History: 05/00820/OUT : Two Residential Development Sites; Retail & Commercial Development; and Assembly & Leisure Development - Granted June 2006.

Development Plan: The site is covered by Industrial and Environmental Policies in the Cumbernauld Local Plan, 1993

Contrary to Development Plan: Yes

Consultations: NLC Community Services (Conditions) NLC Education (No objection) Scottish Natural Heritage (Conditions) Scottish Water (Conditions) Strathclyde Police (Com ments)

Representations: One letter of representation.

Newspaper Advertisement: Advertised on 8th November 2006

Recommendation: Grant Subject to the Following Conditions :-

1. That the development hereby permitted shall be started not later than 6'h June 201 1.

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

55 m.4.lwW.,lmDd*M.L, x'c,y~~zygy~y-%$&.E:%,,~,~~~ N/06/01789/REM z%;>y&%E-**muM.DcmII ;$2$RM Walker Group (Scotland) Ltd Site Adjacent to Broadwood Stadium Curnbernauld 1:5,000 Construction of I15 Houses * Representation

56 2. That notwithstanding the details illustrated on Drawing Number L(0)003 - Revision A hereby approved, and unless otherwise agreed in writing with the Planning Authority, a revised site layout plan shall be submitted to and for the approval of the said Authority prior to any works commencing on site. For the avoidance of doubt, the revised site layout shall incorporate the requirements of the Planning Authority’s Head of Roads and Transportation as set out in his ‘Observations on Planning Application’ document dated 13’h December 2006.

Reason : To ensure that the geometry of the road and footway layout and the curtilage and visitor car parking provision are acceptable in the interests of the safety of the future residents of and visitors to the housing estate.

3. That the landscaping of the application site shall take full account of the recommendations made in the reports dated October 2006 by Brindley Associates and JDC Ecology, and within three months of the date of this permission, full details of the proposed landscaping and equipped play area (including all equipment, fencing and surface treatments) shall be submitted to, and for the written approval of the Planning Authority. Notwithstanding the above requirement, the outstanding details shall also take account of the comments made by th: Council’s Director of Community Services dated 13‘h November, 5’h December and 12 December 2006 in so far as there is no conflict with the recommendations of Brindley Associates and JDC Ecology.

Reason : In order that the Planning Authority might satisfy itself that the proposals are acceptable in the interests of the future residents of the houses.

4. That within twelve months of the occupation of the dh last house within the development hereby permitted, the landscaping scheme approved in terms of Condition 3 above shall be completed. Any trees, shrubs or areas of grass which die, are removed or damaged or become diseased within two years of the completion of the housing development shall be replaced within the following year with others of a similar size and species.

Reason : In the interests of the amenity of future residents.

5. That before the occupation of the 5‘h last house within the development hereby permitted, all the works required for the provision of the play area required in terms of Condition 3 above shall be completed to the satisfaction of the Planning Authority.

Reason : To ensure the provision of adequate play facilities within the site in the interests of future residents.

6. That, notwithstanding any other terms of this Reserved Matters approval, all of the conditions attached to Planning Consent N/05/00820/OUT, where still relevant, shall continue to apply. These conditions cover the following matters :-

a) Site ecology; b) Transport assessment mitigation works; c) Public footpath network; d) Surface water drainage scheme; e) Foul drainage arrangements; f) Flood alleviation measures; and g) Structure planting.

Reason : In order that the Planning Authority might retain effective control of the development in the interests of the amenity and well-being of future occupants of the proposed houses.

57 NOTE TO COMMITTEE

If granted, the Reserved Matters approval will not be issued until an Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded with the Walker Group (Scotland) Ltd. or Westerwood Limited in respect of the financing of the proposed Broadwood Community Sports and Leisure Centre adjacent to the Broadwood Stadium.

Background Papers:

Application form and plans received 30th October 2006 Letter from the Walker Group (Scotland) Ltd. received 30th October 2006. E-mail from the Walker Group (Scotland) Ltd. received lgthDecember 2006.

Memo from Traffic & Transportation (Northern Area) received 1!jth December 2006 Memo from Head of Protective Services received 21" November 2006 Memos from NLC Community Services received 13thDecember Memo from NLC Education received 13'h November 2006 Letter from Scottish Natural Heritage ryfeived 2gth November 2006 Letter from Scottish Water received 14 Nzvember 2006 Letter from Strathclyde Police received 27 December 2006

Letter from Mrs K Hearn,49 Blantyre Gardens, Blackwood, Cumbernauld, G68 9NJ received 28'h November 2006.

Any person wishing to inspect these documents should contact Mr R. Mclnnes at 01236 61 6475.

DATE : 4thJanuary 2007

58 APPLICATION NO. N/06/01789/REM

REPORT

1. Descrbtion of Site and Proposal

1.1 The application site lies to the south of Broadwood Stadium, Cumbernauld, and extends to approximately 6.0 hectares. It forms part of a larger area, which was granted outline planning permission in June 2006 for a mixed residential, commercial and leisure development.

The siting of buildings Their design The means of The landscaping of the authorised by the and external access to them. site. outline permission. appearance.

2. Development Plan

2.1 Since outline permission has already been granted for the proposed residential development, the status of the development plan (ie. the Glasgow and the Clyde Valley Joint Structure Plan 2000 and the Cumbernauld Local Plan) is not relevant to the consideration of the Reserved Matters submission.

3. Consultations and Rewesentations

3.1 Consultation responses are as follows :-

0 Scottish Natural Heritage : No objections, subject to conditions to further minimise impacts arising from the development - specifically in respect of an otter and water vole survey in Spring 2007; a survey of trees suitable for bat roosts in May 2007; the development must be implemented in accordance with the applicant’s ecology report and landscape concept plan; the SUDS pond to be created before the destruction of the existing pond; and any vegetation removal to take place between October and February.

0 Scottish Water : Scottish Water and the Walker Group are in discussions regarding the water and wastewater infrastructure problems constraining the development. If an agreement can be reached on implementing a suitable mitigation scheme, then a connection to the public network will be granted by Scottish Water.

0 Strathclyde Police : A development of this size (ie. the two housing sites) has the potential of increasing the traffic flows in the area by approximately 400 vehicles per day. The Police have some concerns about Broadwood, St. Maurice’s and Blackwood Roundabouts and the Craiglinn Interchange. They are also concerned about the conflict between Stadium traffic and access to the houses during match days.

Comments :Many of these concerns were raised at the time of the consideration of the outline planning application. A Transport Assessment was submitted by the Walker Group, and the following comments were made :-

59 a) Broadwood Roundabout : Sufficient capacity is available and no mitigation is required. b) St.Maurice’s Roundabout : Sufficient capacity is available and no mitigation is required. c) Blackwood Roundabout : There are some capacity problems. Some geometric improvements will have to be carried out. d) Craiglinn Interchange : The interchange will suffer from future year capacity problems. It is proposed to part traffic signalise the interchange, with possible future year full traffic signalisation, and carry out some approach lane geometric enhancements.

My Roads & Transportation Section are currently negotiating with the Walker Group over the details, timescale and funding of the required alterations to the road infrastructure.

0 NLC Community Services : A number of points have been raised as follows :- 9 Landscape : Need for more detailed landscaping proposals; mature trees protected by a TPO should not be damaged; buffer planting should be extended. 9 Conservation : Reference to landscaping and biodiversity; request for a commuted sum of f5,000 per year over 10 years to manage the SINC; comments about the site’s ecology and the SUDS. 9 Play Facilities : The proposed play area is too small; comments about play equipment and fencing.

Comments :Some of the points raised can be covered by conditions on the approval of the Reserved Matters. However, the request for a SINC management commuted sum of f50,000 to be paid to the Council by the Walker Group cannot be ‘imposed’ through the Reserved Matters approval procedure. This issue was not raised by the Community Services Department at the time of the consideration of the outline planning application

0 NLC Education : No objections, on the basis that the four relevant schools (Westfield and St. Francis of Assisi Primaries, and Greenfaulds and St. Maurice’s Highs) have sufficient accommodation to cope with the projected pupil increase.

0 NLC Traffic & Transportation : A number of detailed points have been raised relative to traffic calming, junction sightlines, road geometry, car parking and the pedestrian network. These matters have been discussed with the Walker Group and, where appropriate, they can be covered by conditions on the approval of the Reserved Matters.

0 NLC Protective Services : The development is adjacent to a closed landfill. A site investigation is required to identify the presence of any contaminants and specify any remediation measures to render them harmless.

3.2 One letter of representation has been received from a resident of Blackwood, with the following comments being made:-

As a resident of Cumbernauld for the past ten years, it is with utter dismay that I have watched the steady destruction of the local environment in order to build so called ‘executive homes’. In the Blackwood area alone, Smithstone Road, which used to be a haven for local wildlife, has now become a muddy, ugly building site with every available square inch of land occupied by haphazardly-placed soulless, overpriced boxes. It saddens me to witness such wanton decimation of our lovely countryside just to provide an obscene profit for greedy property developers. 0 I have no doubt that should anyone bother to acknowledge my concerns, I will be informed that this is being done in the name of progress, which would be acceptable were the properties being built affordable starter home for young people. However, this is all about

60 cramming as many exorbitantly priced houses into as small a space as possible in order to make maximum profit - never mind that this area does not have the infrastructure to support this development.

Comments :Whether or not one agrees with some of the sentiments of the local resident, the fact remains that outline consent has already been granted for residential development at the application site. The proposed layout and design of the houses are acceptable and there are no insurmountable infrastructure issues.

4. Plannina Assessment and Conclusions

4.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997, all planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. While the application site is not allocated for residential development in the Cumbernauld Local Plan, the overriding material consideration is that outline planning permission was granted in June 2006.

4.2 In terms of the five reserved matters (siting, external appearance, design, means of access and landscaping), the submission by the Walker Group is acceptable, subject to conditions.

4.3 Notwithstanding the views of one local resident, as outlined in section 3 above, it is recommended that the reserved matters submitted by the Walker Group (Scotland) Ltd. in respect of the construction of 115 houses adjacent to Broadwood Stadium, Cum bernauld be approved.

4.4 As mentioned in paragraph 1.1 above, the outline planning consent issued by the Council in June 2006 included a leisure development on a 3.4 hectare site to the north of Broadwood Stadium. This facility, to be known as the Broadwood Community Sports and Leisure Centre, will be developed by the North Lanarkshire Council with funding from the Walker Group (Scotland) Ltd. To secure the financing of the proposed Centre and associated works, it will be necessary to conclude a legally binding agreement with the Walker Group in term of Section 69 of the Local Government (Scotland Act 1973. The actual terms of the agreement will be determined by the Council’s Heads of Land Services and Legal Services based on ongoing negotiation with the Walker Group. The Reserved Matters approval for the 115 houses will not be issued until the Section 69 agreement has been concluded.

61 Application No: N/06/01792/REM

Date Registered: 30th October 2006

Applicant: Walker Group (Scotland) Ltd Westerwood House Royston Road Deans Industrial Estate Livingston West Lothian EH54 8AH

Agent Hypostyle Architects 49 St Vincent Crescent Glasgow G3 8NG

Development: Construction of 69 Dwellinghouses

Location: Site Adjacent to Broadwood Loch Cumbernauld

Ward: 56 Balloch W, Blackwood E and Craigmarloch : Councillor Barry McCulloch

Grid Reference: 272788673972

File Reference: N/06/01789/REM

Site History: 05/00820/OUT : Two Residential Development Sites; Retail & Commercial Development; and Assembly & Leisure Development - Granted June 2006.

Development Plan: The site is covered by Industrial and Environmental Policies in the Cumbernauld Local Plan, 1993

Contrary to Development Plan: Yes

Consultations: NLC Community Services (Conditions) NLC Education (No objection) Scottish Natural Heritage (Conditions) Scottish Water (Conditions) Strathclyde Police (Com ments)

Representations: One letter of representation.

Newspaper Advertisement: Advertised on 8th November 2006

Recommendation: Grant Subject to the Following Conditions :-

1. That the development hereby permitted shall be started not later than 6'h June 201 1.

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

62 1:5,000

63 2. That notwithstanding the details illustrated on Drawing Number L(0)002 - Revision A hereby approved, and unless otherwise agreed in writing with the Planning Authority, a revised site layout plan shall be submitted to and for the approval of the said Authority prior to any works commencing on site. For the avoidance of doubt, the revised site layout shall incorporate the requirements of the Planning Authority’s Head of Roads and Transportation as set out in his ‘Observations on Planning Application’ document dated 13‘h December 2006.

3. That the landscaping of the application site shall take full account of the recommendations made in the reports dated October 2006 by Brindley Associates and JDC Ecology, and within three months of the date of this permission, full details of the proposed landscaping and equipped play area (including all equipment, fencing and surface treatments) shall be submitted to, and for the written approval of the Planning Authority. Notwithstanding the above requirement, the outstanding details shall also take account of the ctmments made by th: Council’s Director of Community Services dated 13‘h November, 5 December and 12 December 2006 in so far as there is no conflict with the recommendations of Brindley Associates and JDC Ecology.

Reason : In order that the Planning Authority might satisfy itself that the proposals are acceptable in the interests of the future residents of the houses.

4. That within twelve months of the occupation of the !jthlast house within the development hereby permitted, the landscaping scheme approved in terms of Condition 3 above shall be completed. Any trees, shrubs or areas of grass which die, are removed or damaged or become diseased within two years of the completion of the housing development shall be replaced within the following year with others of a similar size and species.

Reason : In the interests of the amenity of future residents.

5. That before the occupation of the 51‘~last house within the development hereby permitted, all the works required for the provision of the play area required in terms of Condition 3 above shall be completed to the satisfaction of the Planning Authority.

Reason : To ensure the provision of adequate play facilities within the site in the interests of future residents.

64 NOTE TO COMMITTEE

Background Papers:

Application form and plans received 30thOctober 2006 Letter from the Walker Group (Scotland) Ltd. received 30thOctober 2006. E-mail from the Walker Group (Scotland) Ltd. received 1gth December 2006.

Memo from Traffic & Transportation (Northern Area) received l!ithDecember 2006 Memo from Head of Protective Services received 21'' November 2006 Memos from NLC Community Services Leceived 13'h December 2006 Memo from NLC Education received 13 November 2006 Letter from Scottish Natural Heritage received 2gth November 2006 Letter from Scottish Water received 14thNovember 2006 Letter from Strathclyde Police received 27'h December 2006.

Letter from Mrs K Hearn,49 Blantyre Gardens, Blackwood, Cumbernauld, G68 9NJ received 28th November 2006.

Any person wishing to inspect these documents should contact Mr R. Mclnnes at 01 236 61 6475.

DATE : 4thJanuary 2007

65 APPLICATION NO. N/06/01792/REM

REPORT

1. Descrbtion of Site and Proposal

1.1 The application site lies adjacent to Broadwood Loch and south-west of Broadwood Stadium, Cumbernauld, and extends to approximately 5.0 hectares. It forms part of a larger area, which was granted outline planning permission in June 2006 for a mixed residential, commercial and leisure development.

The siting of buildings Their design The means of The landscaping of the authorised by the and external access to them. site.

b outline permission. appearance.

2. DeveloDment Plan

3. Consultations and ReDresentations

3.1 Consultation responses are as follows :-

Scottish Natural Heritage : No objections, subject to conditions to further minimise impacts arising from the development - specifically in respect of an otter and water vole survey in Spring 2007; a survey of trees suitable for bat roosts in May 2007; the development must be implemented in accordance with the applicant’s ecology report and landscape concept plan; the SUDS pond to be created before the destruction of the existing pond; and any vegetation removal to take place between October and February.

Scottish Water : Scottish Water and the Walker Group are in discussions regarding the water and wastewater infrastructure problems constraining the development. If an agreement can be reached on implementing a suitable mitigation scheme, then a connection to the public network will be granted by Scottish Water.

Comments ;Many of these concerns were raised at the time of the consideration of the outline planning application. A Transport Assessment was submitted by the Walker Group, and the following comments were made :-

66 a) Broadwood Roundabout : Sufficient capacity is available and no mitigation is required. b) St.Maurice’s Roundabout : Sufficient capacity is available and no mitigation is required. c) Blackwood Roundabout : There are some capacity problems. Some geometric improvements will have to be carried out. d) Craiglinn Interchange : The interchange will suffer from future year capacity problems. It is proposed to part traffic signalise the interchange, with possible future year full traffic signalisation, and carry out some approach lane geometric enhancements.

My Roads & Transportation Section are currently negotiating with the Walker Group over the details, timescale and funding of the required alterations to the road infrastructure.

0 NLC Community Services : A number of points have been raised as follows :- > Landscape : Need for more detailed landscaping proposals; comments about the ecological buffer zone; comments about the route and specification of the path adjacent to the loch. > Conservation : Reference to landscaping and biodiversity; request for a commuted sum of f5,000 per year over 10 years to manage the SINC; comments about the site’s ecology and the SUDS. > Play Facilities : The proposed play area is too small and is not in the best location; comments about play equipment and fencing.

Comments ;Some of the points raised can be covered by conditions on the approval of the Reserved Matters. However, the request for a SINC management commuted sum of f50,000 to be paid to the Council by the Walker Group cannot be ‘imposed’ through the Reserved Matters approval procedure. This issue was not raised by the Community Services Department at the time of the consideration of the outline planning application

0 NLC Traffic & Transportation : A number of detailed points have been raised relative to traffic calming, junction sightlines, road geometry, an industrial standard turning circle at Carradale Crescent within the Broadwood Business Park; car parking and the pedestrian network. These matters have been discussed with the Walker Group and, where appropriate, they can be covered by conditions on the approval of the Reserved Matters.

0 NLC Protective Services : No objections.

3.2 One letter of representation has been received from a resident of Blackwood, with the following comments being made:-

67 Comments ;Whether or not one agrees with some of the sentiments of the local resident, the fact remains that outline consent has already been granted for residential development at the application site. The proposed layout and design of the houses are acceptable and there are no insurmountable infrastructure issues.

4. Plannina Assessment and Conclusions

4.2 In terms of the five reserved matters (siting, external appearance, design, means of access and landscaping), the submission by the Walker Group is acceptable, subject to conditions.

4.3 Notwithstanding the views of one local resident, as outlined in section 3 above, it is recommended that the reserved matters submitted by the Walker Group (Scotland) Ltd. in respect of the construction of 69 houses adjacent to Broadwood Loch, Cumbernauld be approved.

4.4 As mentioned in paragraph 1.1 above, the outline planning consent issued by the Council in June 2006 included a leisure development on a 3.4 hectare site to the north of Broadwood Stadium. This facility, to be known as the Broadwood Community Sports and Leisure Centre, will be developed by the North Lanarkshire Council with funding from the Walker Group (Scotland) Ltd. To secure the financing of the proposed Centre and associated works, it will be necessary to conclude a legally binding agreement with the Walker Group in term of Section 69 of the Local Government (Scotland Act 1973. The actual terms of the agreement will be determined by the Council’s Heads of Land Services and Legal Services based on ongoing negotiation with the Walker Group. The Reserved Matters approval for the 69 houses will not be issued until the Section 69 agreement has been concluded.

68 Application No: N/06/01901/FUL

Date Registered: 30th November 2006

Applicant: Blacktongue Developments Ltd Blacktongue Farm Greengairs ML6 7TX

Agent Angus Design Associates Ltd The Building Design Centre 125 Muir Street Hamilton

Development: Construction of Two Dwellinghouses

Location: Land to the Rear of 26-28 Ballaig Crescent Millerston Stepps

Ward: 70 Stepps Councillor Brian Wallace

Grid Reference: 265440668301

File Reference: N/06/01901/FUL

Site History: N/04/01916/OUT Construction of a Dwellinghouse Approved 8'h June 2005

Development Plan: In terms of the Northern Corridor Local Plan 2005 the site is covered by policy HG3: Retention of Residential Amenity

Contrary to Development Plan: No

Consultat ions:

Representations: One letter of Representation

Newspaper Advertisement: 6'h December 2006

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

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

69 $T:3w2d8%L%& ma"-l E$%V""""~N/06/01 901 &-L-;;;"s ~ ::A=?!% Blacktongue Developments Ltd Land to the rear of 26-28 BallaiQ Crescent Stepps.. Construction of Two Dwellingh6uses * Representation

70 3. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems design manual for Scotland and Northern Ireland published by ClRlA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

4. That access sightlines a minimum of 2m x 20m shall be achieved and sustained, inside which nothing higher than 900mm is built or allowed to grow.

Reason: In the interests of traffic and pedestrian safety.

5. That before the development hereby permitted is occupied, 3 in-curtilage parking spaces for each house shall be provided and maintained.

Reason: To ensure there is adequate in-curtilage parking provision in the interests of other road users.

6. That before the development hereby permitted is occupied, any gates, if erected must open into the site curtilage and the driveway shall be fully paved with a drainage facility.

Reason: To ensure Laundry Lane is kept clear from obstruction and deleterious material.

7. That before the development hereby permitted starts, a desk top study of the site shall be prepared by a suitably qualified person. This report shall be submitted to the Planning Authority in both written and electronic format. Depending on the findings a full site investigation survey may require to be carried out in accordance with the requirements of British Standard Code of Practice BS10175:2001 and a report of this survey shall be submitted to the Planning Authority in both written and electronic format. For the avoidance of doubt, the survey must look at all aspects of contamination of the site with particular reference to addressing the issue in terms of assessing the risk posed by the presence of pollutants in relation to sensitive receptors and, where appropriate, must include remediation proposals. Any analytical or investigatory work used to support the conclusions of the survey must include information regarding the methodology and Quality Assurance systems used.

Reason: In the interests of environmental and amenity protection as the site is in close proximity to two closed landfill sites.

a. That any works required in order to remove or render harmless any contaminants in connection with the site investigation survey shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: In the interests of environmental and amenity protection.

Background Papers:

Application form and plans received 20th November 2006 Letters from Mr James Beattie, 11 Laundry Lane, Stepps, received 30/11/06 and 15/12/06

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463.

DATE : 3'd January 2007

71 APPLICATION NO. N/06/01901/FUL

REPORT

1. Description of Site and Proposal

1.1 This application is for the construction of two semi-detached dwellinghouses within the rear garden ground of Nos. 26 and 28 Ballaig Crescent, Stepps. The proposed houses face on to and will be accessed from Laundry Lane, which is privately owned.

1.2 Planning permission was granted in June 2005 for the construction of a single house, therefore the principle of residential development has already been established on this site.

1.3 The initial plans submitted indicated 2.5 storey houses with dormer windows in the roof space at the rear and velux windows on the front elevation. It was considered that 2.5 storey houses were out of keeping with the remainder of the properties in the area, which are a mix of single and two storeys. Furthermore, they were considered to be too dominant for the plot size. The position of the houses also meant that the rear garden ground was only 7 metres long, when the minimum required is 10 metres. The applicant submitted amended plans which reduced the height of the houses to two storeys and repositioned them in order to provide sufficient rear garden depths. The changes have resulted in a better balanced scheme which is more visible from Laundry Lane.

2. Development Plan

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

2.2 In terms of the Northern Corridor Local Plan 2005 the application site is located within an area covered by Housing Policy HG3, which seeks to protect the established character of existing and new housing areas.

3. Consultations and Representations

3.1 My Traffic and Transportation Section have no objection to the proposal subject to the imposition of conditions relating to sightlines, in-curtilage parking and driveway finishes.

3.2 My Pollution Control Section have requested that a desk top study be submitted, and depending on the results, a site investigation survey may require to be carried out in accordance with BS10175:2001 , as the site is in close proximity to two closed landfill sites.

3.3 One letter of representation has been received from the occupier of 11 Laundry Lane in connection with the application. The main points of objection and my comments thereon are as follows:

+ The pedestrian and vehicular entrance to the two houses is too small and is wedged between the objector’s property at 11 Laundry Lane and a factory building. The factory has no designated parking other than to the front of the building on Laundry Lane. There is concern that the parked factory vehicles will block the access to the proposed houses thus resulting in access difficulties on Laundry Lane.

Comment: The access width to the proposed houses is acceptable. Furthermore, my Traffic and Transportation Section have raised no objection. It is agreed that the adjacent businesses

72 have little designated parking, however the introduction of two new houses, which will have adequate in-curtilage parking should make little difference to the current situation.

+ The original outline application was for one house, which there was no objection to. However, two houses are too much for such a small access area.

Comment: It is considered that the introduction of one further house on the site will make little difference to the current parking situation. The design and siting of the proposed semi- detached building is acceptable.

4. Plannina Assessment and Conclusions

4.2 While Laundry Lane is not a publicly adopted road and is of a poor standard, and notwithstanding the objections received, outlined in Section 3 above, it is recommended that planning permission be granted for two semi-detached houses.

4.3 It should be noted that Mr James Beattie of 11 Laundry Lane has requested that the Planning and Environment Committee visit the site prior to determining the application.

73 Application No:

Date Registered: 4th July 2006

Applicant: Willow HomeslRosetree Homes Ltd 83d Patrick Thomas Court Candleriggs Glasgow G1 ILF

Agent Pollock Design Chartered Architect Tandlemuir House Lochwinnoch PA12 4LB

Development: Erection of Two Blocks of Flatted Dwellinghouses

Location : Burnbank Cottage Mavisbank Street Whinhall Airdrie North Lanarkshire

Ward: 41 Whinhall Councillor George Devine

Grid Reference: 275660665839

File Reference: CIPLIAIM230XIGAILR

Site History: Application C/00/665/0UT erection of Three Dwellinghouses In Outline Granted 16'h August 2000.

Development Plan: Policy LR1 l(lmprove Public Open Space) Monklands District Local Plan 1991

Contrary to Development Plan: Yes

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

Representations:

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reasons: -

1. That the proposed development for the erection of a terraced flatted development is contrary to policy LRll (Improve Public Open Space) of the Adopted Monklands District Local Plan 1991 it is considered that the proposed development would result in the loss of existing open space.

74 Playground

75 The proposal is also contrary to National Planning Policy Guidance for sustainable development and planning for the protection of open space.

2. That the proposed development for the erection of a terraced flatted development is adjacent to a water course there could be a risk of flooding, placing buildings and persons at flood risk contrary to the provisions of National Planning Policy Guidance and advice SPP7 and PAN69.

3. That the proposed development for the erection of a terraced flatted development is potentially damaging to the biodiversity of the existing burn which traverses the site and associated Sites of Importance for Nature Conservation as the culvert construction may not be of a standard which has the capacity to protect this watercourse from pollution.

4. That the proposed development for the erection of a terraced flatted development would have an inadequate access and substandard junction spacing, and this, together with inadequate parking provision falls below the Council's adopted standards and would result in a danger to road safety.

5. That the proposed development for the erection of a terraced flatted development is considered over development of the site resulting in substandard provision of amenity space and would adversely affect the amenity of future residents.

Background Papers:

Application form and plans received 9th May 2005

Memo from Transportation received 20thNovember 2006. Memo from Geotechnical Team Leader received 28'h August 2006. Letter from Scottish Environment Protection Agency received 1gth September 2006 Letter from Scottish Water received 2dhAugust 2006 Letter from British Gas received 18'h August 2006 Letter from Scottish Power received 17'h August 2006. Memo from Community Services received 2gth September 2006.

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

Date: 4 January 2007

76 APPLICATION NO. C/05/00896/FUL

REPORT

I. Description of Site and Proposal

1.I Planning permission is being sought for the erection of a flatted development and associated access and parking. The application site measures 0.27 Hectares approximately, is rectangular in shape. The site is located to the east of the Whinhall area of Airdrie on Mavisbank Street, within an established residential area and is bounded by public roads to the south (Mavisbank Street) and north (Mavisbank Avenue), residential properties to the West (Wester Mavisbank Avenue) and the remainder of Mavisbank Park to the east. The site is currently open amenity space.

1.2 The proposal is for the erection of two blocks of flatted dwellinghouses enclosing a central courtyard parking area. The first block will accommodate 8 individual units within a two storey structure of double pitched roof construction. Each unit will be accessed from central stairwells and will each accommodate a lounge, kitchen, bathroom, hall and storage area. The building fronts toward Mavisbank Street from where the vehicular and pedestrian access will be taken and all in-site parking provision (26 spaces) will be located. The second block will accommodate 18 individual units (of two types) within a three storey structure of double-pitched roof construction. Each unit will again be accessed from central stairwells with type one accommodating a lounge, kitchen, bathroom, hall, bed room and storage area. The only significant difference with type two is an additional bedroom utilising the space available on the second and third storey above the common entrance. This building will front towards an inner courtyard area containing car parking and face Mavisbank Road. No specific details have been provided on boundary treatment. External treatment is also not detailed on the submitted plan.

2. Development Plan

2.1 The site is covered by policy LRll (Improved public open space) in the Monklands District Local Plan 1991. The proposal raises no strategic issues.

3. Consultations and Representations

3.1 Following the standard neighbour notification procedure no objections were received.

3.2 None of the following statutory consultees. i.e. Scottish Water, British Gas or Scottish Power offered any objection to the proposal.

3.3 The Scottish Environment Protection Agency has objected to the development on the grounds that a watercourse traverses part of the site where there could be a risk of flooding. Given the current lack of detailed information in the submission SEPA object to the proposal on the grounds that it could place buildings and people at flood risk contrary to the provisions of national planning policy guidance and advice.

3.4 The Transportation Section has objected to the proposal on the following grounds;

0 The junction spacing for the access to the development is sub-standard. 0 The applicant has not demonstrated control over the adjacent visibility splays. 0 The number of car parking spaces for the proposal is below the required standard.

77 4. Planning Assessment and Conclusions

4.1 The proposal requires to be assessed under the terms of the development plan and other material considerations. There are no strategic planning issues to address and the terms of policy LRll (Improved public open space) in the Monklands District Local Plan 1991, would be relevant along with the appropriate design guidance on developments of this type.

4.2 The principal of developing this site for residential use is considered contrary to the development plan under the terms of policy LRll noted above and as such do not generally conform with the terms of the plan. The proposal is also considered to be contrary to National Planning Policy Guidance for sustainable development and planning for the protection of open space outlined in SPPl1 (Physical Activity and Open Space).

4.3 The proposed development generally does not meet the terms of the design guidance. The transportation section has advised that the proposed parking provision of 26 spaces would be insufficient for this development and has raised objection to planning permission being granted recommending that the required level of parking spaces is 39. The Transportation section has also raised objections over the provision of inadequate junction spacing and visibility splays. The proposed amenity space provided at ground level is limited due to the constrained dimensions of the site and the recommended standard of 20 square metres per bedroom cannot be provided. The proposal offers no reasonable amount of amenity garden space around the building for a development of this type. Residential amenity would be impaired due to this limited provision. There would however be no detriment to existing residential amenity around the site through overlooking issues.

4.4 The proposed buildings are of an acceptable traditional design and whilst the north block would be 3 storeys in height, the building would be of a sufficient distance from existing 2 storey buildings which bound the site raising no issues. Similarly, the proposed height of the 2 storey block is also somewhat less than that of the flatted dwelling houses opposite the site on Mavisbank Street which is further reduced given the natural topography sloping into the site with the existing flatted dwellings on Mavisbank Street in an elevated position. The finishing materials to external walls and roof have not been provided.

4.5 The Scottish Environment Protection Agency has objected to the development on the grounds that a watercourse traverses part of the site where there could be a risk of flooding. Given the current lack of detailed information in the submission SEPA object to the proposal on the grounds that it could place buildings and people at flood risk contrary to the provisions of national planning policy guidance and advice.

4.6 Objections have been received from consultees and the development is considered contrary to the development plan. In that the development does not generally meet the terms of the design guidance in the Monklands District Local Plan 1991. Following consideration of the above the proposal is not considered acceptable and it is recommended that planning permission be refused for the reasons stated.

78 Application No: C/06/01370/FUL

Date Registered: 15th August 2006

Applicant : Mr & Mrs F Mclntyre 11 Stepends Road Plains

Agent H.R.Cartwright 39 Craigson Place Airdrie ML6 8PH

Development: External Alteration and Change of Use from Office Accommodation to Form Residential Holiday Accommodation

Location: Stepends Garage Stepends Road Airdrie North Lanarkshire

Ward: 52 Salsburgh Councillor David Fagan

Grid Reference: 280591 667097

File Reference: CIPLIPLS702IGDILR

Site History: 0310093810UT Erection of Dwellinghouse (In Outline) 04I003331REM Erection of Dwellinghouse

Development Plan: From the Adopted Monklands District Local Plan 1991 Policy GBI (Restrict Development in Green Belt) would apply.

Contrary to Development Plan: No

Consultations: Scottish Environmental Protection Agency (no objections)

Representations:

Newspaper Advertisement: Airdrie and Coatbridge Advertiser 23rdAugust 2006

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

79 Planning Application No C/06/01370/FUL

External alteration and Change of Use to Vehicle ReDair Garage to

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

3. The holiday accommodation hereby approved shall be used for tourist purposes only and shall not be occupied at any time as the sole or main place of residence of any occupant to the satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control over the occupation of the accommodation.

4. The holiday accommodation hereby approved shall not be occupied by any resident for a period of longer than one month unless otherwise agreed in writing by the Planning Authority.

Reason: To enable the Planning Authority to retain effective control over the occupation of the accommodation.

5. That the holiday accommodation hereby approved shall not be sold separately from the principle dwellinghouse on the site of Stepends Garage, Stepends Road, Plains.

Reason: To enable the Planning Authority to retain effective control over the occupation of the accommodation.

6. That the applicant must register the accommodation hereby approved with Visit Scotland’s Quality Assurance Scheme or some other such organisation to be agreed by the Planning Authority for a period of at least 5 years from the date of this permission.

Reason: To enable the Planning Authority to retain effective control over the occupation of the accommodation.

7. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The existing effluent disposal arrangements may require to be upgraded in order to comply with the requirements set out in “The Scottish Building Standards Technical Handbook : Domestic” issued in May 2005. (Note :The applicant must ensure that if consent to discharge under the Control of Pollution Act 1974 (as amended) has been issued in relation to a discharge from the property, then this must not be compromised by the proposed change of use. If the existing or proposed discharge is to be taken to a soakaway arrangement then SEPA must be consulted with regard to the requirements of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005). Surface water discharge will require to be treated separately in accordance with the principles of sustainable urban drainage.

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

8. That before the development hereby permitted starts the following adjustments to the vehicular access shall be submitted and approved in writing by the Planning Authority and the scheme shall incorporate the following:

(a) Access to the site shall be re located southwards along Stepends Road where a suitable access should be taken at right angles to the public road via a dropped kerb arrangement. The existing access shall thereafter be stopped up.

81 (b) Prior to the accommodation being brought into use the applicant shall provide a 2 metre wide step off verge along the frontage of the site located 5.5 metres from the opposite road channel. (c) The proposed access shall be 6 metres wide and shall be paved for the first 10 metres from the edge of the carriageway in order to prevent loose material being carried onto the public road. (d) Two visitor car parking spaces shall be provided and demarcated as shown on the approved plans and shall thereafter be maintained as such to the satisfaction of the Planning Authority.

Reason: In the interests of traffic safety and to ensure the provision of adequate parking facilities within the site.

NOTE(S) TO COMMITTEE: If granted, the planning permission will not be issued until an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant to ensure that the premises are used solely for the purposes of tourist accommodation and are not sold separately from the principle dwellinghouse at Stepends Garage. .

Background Papers:

Application form and plans received 15th August 2006

Memo from Transportation Section received 8'h November 2006 Letter from Scottish Environmental Protection Agency received 05'h December 2006

Any person wishing to inspect these documents should contact Mr Grant Douglas at 01236 812231.

Date: 9 January 2007

82 APPLICATION NO. C/06/0137O/FUL

REPORT

1. Description of Site and Proposal

1 .I Permission is sought for the conversion of existing outbuildin to a small residential holiday let at Stepends Garage, Stepends Road, Plains. Thebuilding is currently used as office space and for storage of household goods. It is a single storey building with a footprint of 69 sq. metres finished in red brick with an existing metal roof. Stepends Garage itself lies within a rural setting and is bounded by green belt land and by Stepends Road, which lies to the south and east of the site. The application site is contained within a large area of gravel surfacing. The proposed conversion lies towards the western boundary of this site with an existing dwellinghouse sited 35 metres away to the northeast. Outwith this residential element of the site, to the east, lies Stepends Garage itself from which a haulage and transport company are currently operating. Between the two areas of land use there lies a screen of mature landscaping.

1.2 The proposed alterations to the building would see no increase in the overall footprint; however, the shape of the structure as viewed from either gable would show significant change. At present a “lean-to” with a single pitch roof runs across the length of the rear elevation. This would be altered to provide a traditional double pitch roof over the entire structure. Existing window and door openings, which have been previously bricked up, would be re-instated and patio doors leading out to a new 18 sq. metre deck would be added to the North facing gable elevation. The proposed materials would include smooth render or harl, slate roof tiles and stone banding around window and door openings. Two car parking spaces adjacent to the building would be marked out and maintained for the sole use of the tourist accommodation.

2. Development Plan

2.1 The application site is located within an area designated as GBI (Restrict Development in Greenbelt) in the Adopted Monklands District Local Plan 1991. There are no strategic implications.

3. ConsuI tat ions and Representat ions

3.1 The Transportation Section has been consulted and have no objection to the application subject to conditions.

3.2 There has been no objections from the consultees listed above and all comments have been acknowledged in the latest revision of the proposal.

3.3 Following the standard neighbour notification procedure and advertisement in the local press no representations have been received.

4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that in making any determination under the Planning Acts regard is to be had to the development plan and determination shall be made in accordance with that plan unless material considerations indicate otherwise. In accordance with the statutory requirements, the objective of this assessment will be to establish the position of the development plan in regard to the proposed development while examining the material considerations relevant to this case.

83 4.2 The development plan is the Monklands District Local Plan 1991 within which the application site is designated as GBI (Restrict Development in Green Belt). This policy maintains that no development will be permitted in such areas except for uses requiring a rural location or where existing buildings can be sympathetically adapted. As such it is considered that the proposed conversion of an existing building to tourist accommodation would be compliant with such policy. The development plan states that the rural areas surrounding Airdrie and Coatbridge would offer some opportunity for small carefully sited tourist uses including the use of redundant rural buildings. This particular location is not only central in terms of the region but is situated relatively nearby to a section of the North Calder Path (LR 7/1), which is a long distance heritage trail running between Glasgow and Edinburgh.

4.3 The building proposed for conversion would be much improved by the proposal in terms of its appearance. The proposed use of traditional harl or wet dash render, the re-instatement of window openings and stone lintels and the introduction of slate roof tiles would all enhance the visual characteristics of this existing building within the green belt. In addition its conversion is supported by national planning policy. The most recent National Guidance in the form of Scottish Planning Policy 15 for Rural Development sets out objectives to ensure a pro-active approach or “welcoming stance by Local Authorities in providing land for rural developmenf‘. The Policy goes on to state it’s key aim of promoting “modest growth and rural diversification”. Such aims encourage this type of development and rather than challenge the conclusions of the first part of this assessment actually add weight to such interpretation of the development plan. In order to ensure that the accommodation is used solely for the purposes of tourist accommodation the applicant is agreeable to a Section 75 legal agreement, which would restrict occupation of the premises accordingly.

4.4 It should be noted that to the east of the application site lies an operational haulage depot. While such a use would not normally compliment tourist accommodation the two areas, that being the commercial and residentialltourist elements of the site would be sufficiently screened by existing landscaping. This natural boundary together with the orientation of buildings within the site allows the two opposing uses to operate largely independent of each other and would ensure amenity for future residents at the site.

4.5 All consultees, including the Scottish Environmental Protection Agency (SEPA), are satisfied with the proposal and have raised no insurmountable issues. Subject to comments from the Transportation Section it is considered that requirements for access could be provided at this location and the proposed scheme would provide sufficient turning and parking facilities to an adoptable standard. Comment had been passed by the Transportation Section that the existing access would be unsuitable and as such condition has been recommended which would require the existing access to be stopped up and a new more acceptable access to the site to be provided.

4.6 In conclusion it is considered that the proposals to convert an existing outbuilding at Stepends Garage to a residential tourist let would be compliant with development plan policy. It is considered that the proposal would not only require a rural location in order to attract visitors to the area but would lead to the sympathetic adaptation of an existing outbuilding. Further support of the proposal can be gleaned from Scottish Planning Policy 15, which promotes rural diversification and modest growth in such areas. There have been no material considerations that would merit a departure from this interpretation of the development plan therefore it is recommended that permission be granted subject to the attached conditions and to the applicant entering into a Section 75 agreement to ensure that the premises are used solely for the purposes of tourist accommodation.

84 Application No:

Date Registered: 26th September 2006

Applicant : Mr A Mohammed 11 Kirkandrews Place Chapelhall

Agent H.R. Cartwright 39 Craigson Place Airdrie ML6 8PH

Development: Change of Use of Post Office to Two Flatted Dwellinghouses

Location: 130 - 134 Coatbridge Road Glenmavis Aird rie ML6 ONL

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 2751 21 667502

File Reference: C/PL/GMC520/GD/LR

Site History:

Development Plan: The development plan is the Adopted Monklands District Local Plan 1991, within this plan the application site is located within an area designated as ECON 8 (General Urban Area). There are no strategic considerations.

Contrary to Development Plan: No

Consultations:

Representations: 4 Letters of Representation

Newspaper Advertisement: Not Required

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 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) a scheme of tree and shrub planting, incorporating details of the location, number, variety and

85 86 size of trees and shrubs to be planted;

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

3. That prior to the occupation of any of the dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 2 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

4. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed grassed, planted and landscaped areas as shown on the approved plans; (b) the proposed fences to be erected along the boundaries shown on the approved plans. For the avoidance of doubt, this approved maintenance scheme shall be in operation prior to the occupation of the building for the use hereby approved.

5. 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.

6. That before the development hereby permitted starts, details of a scheme for the redecoration of the exterior of the property shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

7. That prior to the occupation of any of the dwellinghouses within the development hereby permitted all the works included in the redecoration scheme, approved under the terms of condition 6 above, shall be completed.

Reason: In the interests of amenity of the building and the surrounding area.

Background Papers:

Application form and plans received 26th September 2006

Memo from Transportation received 05ith December 2006

Letter from R Muir,127 Coatbridge Road, Glenmavis , Airdrie, ML6 ONL received 6th October 2006. Letter from B. Christie, 132a Coatbridge Road, Glenmavis, Airdrie, ML6 ONL received lgthOctober 2006. Letter from S Manson 130a Coatbridge Road, Glenmavis Airdrie, ML6 ONL received lgthOctober 2006. Letter from Councillor Coyle,PO Box 14, Civic Centre , Motherwell, received 7th November 2006.

Any person wishing to inspect these documents should contact Mr Grant Douglas at 01236 812231.

Date: 4 January 2007

87 APPLICATION NO. C/06/01612/FUL

REPORT

1. Description of Site and Proposal

1.I This application relates to the change of use of a currently unoccupied post office at 130 - 134 Coatbridge Road, Glenmavis to 2 flatted dwellinghouses. The application site currently consists of a 21 metre long, two-storey tenement block with residential accommodation to the entire first floor and the north-easterly quarter of the ground floor. The remaining area of the ground floor is currently used as a post office. The block itself is located to the corner of Coatbridge Road and Glenmavis Road where the junction of the two roads is arranged around a mini roundabout. To the rear of the building lies an area of open space measuring over 250 sq. metres however due to difficulties regarding ownership only a 3 metre long strip will be considered as part of the application site.

1.2 The proposed development would include converting the existing post office to form two dwellings, external alterations to the front, rear and gable elevations and landscaping works to the front and side of the block.

2. Development Plan

2.1 The application site is located within an area designated as ECON 8 (General Urban Area) within the Adopted Monklands District Local Plan 1991. There are no strategic considerations.

3. Consultations and Representations

3.1 Following the standard notification procedure four letters of representation have been received including one from the local member. Of the four letters of representation received one has noted an objection to the proposal while the others have offered support, including that from the local member. The single objection relates to an area of open amenity ground to the rear of the building. The objector has claimed ownership of that area and does not give consent for it to be considered in any way as part of the development site. Additionally the objector has claimed that the Planning Application forms have not been completed accurately in this regard.

3.2 The Transportation section have been consulted and have objected to the proposal stating that there would be no scope to provide the required level of in-curtilage car parking space. In their view the general impact of the development would be unacceptable.

4. Planninn Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that in making any determination under the Planning Acts regard is to be had to the development plan and determination shall be made in accordance with that plan unless material considerations indicate otherwise. In accordance with the statutory requirements the objective of this assessment therefore will be to establish the position of the development plan in regard to the proposed development and to examine the relevant material considerations.

4.2 The development plan is the Adopted Monklands District Local Plan 1991, and the application site is located within an area designated as ECON 8 (General Urban Area). This policy indicates that where requirements for access, plot size, built form and amenity can be met the District Council will consider favourably a mixture of acceptable uses. Residential development would be considered among such acceptable uses, particularly in this case, where the tenement block is predominantly in residential use.

88 4.3 In terms of amenity the proposed change of use would provide benefit to existing residents within the block. Originally the building appears to have been entirely residential. A change back from the existing commercial use of that section of the building will enable the entire block to revert to residential use. As such the proposal would have no detrimental impact upon residential amenity at the location. With regard to built form, the building itself would be minimally altered. Previously bricked up residential features such as window and door openings would be re-instated. Additionally the proposal would include external works to the building in order to improve its overall appearance. In particular the gable end, which is highly prominent viewed from the south of Coatbridge Road, would be repaired and re finished. Currently this elevation is of an unkempt appearance finished in dry dash render with evidence of graffiti at several points. Landscaping works would also be carried out to an area of untidy vacant ground adjacent to the gable. An existing palisade fence would be removed and a 0.8 metre high wall constructed which would enclose the area. A landscaping scheme would be implemented in order to provide further amenity space for the use of residents. Due to a conflict over ownership of that ground that area cannot however, be considered as part of the current application. Provision has, however, been made within the application to provide a small enclosed front garden for each of the ground floor flats. This would be in addition to the amenity space at the side of the property and would again be enclosed by a 0.8 metre high boundary wall.

4.4 In providing an assessment in terms of access and car parking the Transportation section have objected to the proposal indicating that requirements for car parking would be severely deficient at this location as no off street carparking would be provided. It is stated that two in curtilage car parking spaces would be required for each flat, that being a total of 4. However, the parking standard for flats is normally less than 2 per unit (165%) for newly built development. While it is accepted that there is no scope to provide the required parking residents would be able to park on street or in one of several lay-bys close to the application site as do existing residents within the block. Furthermore, when compared to the existing commercial use of the site demand for day to day parking would be far less intensive. On balance it is considered that given the general improvements to both the application site and the surrounding area a shortfall in parking standards would be justified on this occasion.

4.5 One letter of objection has been received and the material points of objection are addressed as follows. On receipt of the application all land to the rear was shown as part of the application site. That area of extremely untidy ground is currently vacant but appears to have been formerly used as amenity space by residents within the block. The objection has indicated that the area of ground in question is under other ownership and no consent would be given to consider that area as part of the application site. The applicant has in response to this objection amended the application site itself to omit this area of contested land and has made provision to provide areas of amenity space to the front and side of the building. The application has been validated on this basis and all forms associated with the submission have been adjusted accordingly.

4.6 A total of 3 representations in support of the application have been received, including one from the local member. Each letter of support relates to an improvement in the overall appearance of the building and a perceived reduction in the level of traffic generated by dwellings as opposed to a post office. One further point of noteworthy support is the added amenity of that residential use. One letter has highlighted the issue of anti social behaviour at night outside the existing post office and on an area of ground to the side of the building. This area will be enclosed and will be landscaped under the current proposals, which should improve matters.

4.7 The proposed application relating to the change of use of a Post Office to two flats is considered compliant with the development plan, that being the Monklands District Local Plan 1991. The site lies within a tenement block which is, with the exception of the application site, exclusively residential in nature. The proposal would see traditional residential features to the faqade of the building re-instated and would lead to an overall improvement in the appearance of the building itself and the immediate area. As has been shown the requirements for amenity,

89 built form, plot size and access can be accommodated and the use of the site would be consistent with policy. In light of the foregoing it is recommended that permission be granted subject to the attached conditions.

90 Application No: C/06/01728/AMD

Date Registered: 16th October 2006

Applicant : Northlnvest Ltd 176 St Vincent Street Glasgow G2 5SG

Agent James Doherty Architect The Bourse, Suit 305 47 Timber Bush Leith Edinburgh EH6 6QH

Development: Construction of Residential Development Comprising 61 HouseslFlats with Ancillary Access Road (Including Roundabout on Rochsolloch Road) and Landscaping

Location : Former Pye Factory Victoria Place Cairnhill Airdrie North Lanarkshire

Ward: 47 North Cairnhill And Coatdyke Councillor Peter Sullivan

Grid Reference: 275250664789

File Reference: CIPLIAIVPILWLR

Site History: C/04/02002/FUL Residential Development Comprising of 52 Units, Formation of New Access Road, Roundabout and Landscaping.

Development Plan: Zoned as 'Existing General Industrial Area' (Policy Econ 2) within Monklands District Local Plan 1991 Contrary to Development Plan: No

Consultations: NLC Community Services (comments)

Representations: None

Newspaper Advertisement: Not Required

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.

91 Planning Application No. C/06/01728/AMD

Construction of Residential Development Comprising PrndYCB1bINO," LBns*i"reCo""cl Piann,n?amEnim.lmentDepatnrnt Fienng Haiia 2T?stRoao 61 Houses/Flats with Ancillary Access Road C~mhemeild GSl *.W /e111 C~211818210 01216618132 (Including Roundabout on Rochsolloch Road) and Landscaping ,,, A Not to Scale

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

2. That before the development hereby approved starts, a report which adheres to guidance given in BSI 01 75.2001 Investigation of Potentially Contaminated Sites, Code of Practice, and describes the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority, and shall include proposals to remove or render harmless these contaminants, having regard to the proposed use of the site, to be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

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

3. That following the completion of all or any of the works required under the terms of condition no. 2 above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance with condition no. 2 in the interests of health and safety.

4. That before the development hereby permitted starts, a report describing the stability of the retaining walls to be retained as part of the development shall be submitted to the Planning Authority for its approval. Any works required in order to stabilise the walls (having regard to the proposed use of the site) shall be agreed in writing with the Planning Authority, and no house shall be occupied until these works have been completed.

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

5. That following the completion of the works required under the terms of condition no. 4 above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance with condition no. 4 in the interests of health and safety.

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

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

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

Reason: To ensure the submission of these details.

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

Reason: To protect the amenity of future residents of the development.

9. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing;

93 (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the surfacing to be used within the courtyard parking area for the blocks of flats. (e) details of the phasing of these works.

Reason:To ensure the submission of these details.

10. That notwithstanding the generality of condition no 9 above, the proposed landscaping scheme shall incorporate the following: (a) soft and hard landscaping within the access roundabout, and in particular shall not merely be surfaced in block paviors. b) a scheme of decorative andlor screening works in relation to the retaining walls around the site.

Reason: To define the permission in the interests of enhancing the visual amenity of the area.

11. That the phasing of the landscaping scheme agreed under the terms of condition no. 10 above shall be submitted to and agreed in advance by the Planning Authority. For the avoidance of doubt, the entire scheme shall be implemented in full prior to the occupation of the last dwellinghouse within the development hereby permitted and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the satisfactory implementation of the landscape and planting scheme in the interest of visual amenity.

12. That before the development hereby permitted starts, a scheme for the setting out of the play area within the 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, and (d) details of the phasing of these works.

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

13. That notwithstanding the generality of condition no. 12 above, the proposed scheme of play equipment shall accord with the following: (a) the proposed play area of open space shall be equipped with 1 multi-activity unit for children under 6 years and 3 other pieces of equipment. (b) play equipment shall be located at least 15.0m from the nearest dwelling.

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

14. That before the development hereby permitted starts, a management and maintenance scheme (for all areas outwith private garden grounds and outwith areas which will become publicly maintained road) shall be submitted to, and approved in writing by the Planning Authority, and for the avoidance of doubt, this shall include the retaining wall at the north-east corner of the site.

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

94 15. That prior to the occupation of the last dwellinghouse within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 14 above shall be in operation and the scheme of play facilities approved under the terms of condition 13 fully intstalled to the satisfaction of the Planning Authority.

Reason: To ensure the appropriate ongoing management and maintenance in the interest of safety and visual amenity.

16. That the proposed access roundabout on Victoria Place shall be completed in full before the first house is first occupied. (Note: This condition only relates to the setting out and operation of the roundabout. The completion of the landscaping of the roundabout will be controlled by the phasing scheme agreed by condition no. 11)

Reason: To ensure that the proposed road works are completed in a timeous fashion in the interests of road safety.

17. That before each dwellinghouse hereby permitted is occupied, 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

Reason: To ensure the provision of adequate parking within the site in the interests of road safety.

18. That in respect of the proposed dwellinghouses, no gates, or other obstructions (including boundary walls or house extensions) shall be erected within the first 6 metres of the driveway (where the house has double width driveways or has an integral garage) or within 10 metres in all other instances.

Reason: To ensure that parking spaces within the site are retained and protected in the interests of road safety.

19. That before any works commence on site, detailed plans shall be submitted showing both existing and proposed ground levels within the site shall be submitted to the Planning Authority, and the proposed levels shall be agreed in advance by the Planning Authority.

Reason: To ensure the submission of relevant information and to ensure that the proposed ground levels are properly integrated into the surrounding area and to ensure a safe and attractive development.

NOTE TO COMMITTEE If granted, the planning permission will not be issued until an Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded with the developer in respect of a financial contribution of f21,000 to the Council in respect of improvements to local primary school provision and the provision of traffic calming measures in the Cairnhill area.

Background Papers: Application form and plans received 16th October 2006 Monklands District Local Plan 1991 Planning permission C/05/02002/FUL Memo from Transportation Manager 29 November 2006 Memo from NLC Community Services received 3rd December 2006 Letter from Scottish Water received 26th November 2006

Any person wishing to inspect these documents should contact Mr Lindsay Kellock at 01236 812379.

Date: 22 December 2006

95 APPLICATION NO. C/06/01728/AMD

REPORT

1. Backnround, Description of Site and Proposal

1.I Planning permission was granted to Northlnvest Ltd in February 2006 for a development of 52 dwellings (including 8 flats) at the site of the former ‘Pye’ electrical factory on Rochsolloch Road, Cairnhill, Airdrie. Permission was issued following the signing of a Section 69 agreement allowing a contribution to the Council of f120,OOO. Of this, f100,OOO was to assist in the extension or re-location of local primary schools with the remaining f20,000 contributing towards a scheme of traffic calming measures in the Cairnhill area.

1.2 The applicant has now submitted a revised proposal for a development of 61 dwellings comprising 16 flats (contained with 2 blocks of 2 and 3 storey flats) and 45 detached and semi- detached houses (35 having 3 bedrooms and 10 having 4 bedrooms). The flats would be within the centre part of the site and would overlook an area of open space. The proposed means of access to the site and the internal road layout would remain as before, with a new roundabout being constructed on Rochsolloch Road.

2. Development Plan

2.1 The site is covered by policy Econ 2 (Existing General Industrial Areas) within the Monklands District Local Plan 1991.

3. Consultations and Representations

3.1 There have been no letters of representation following the neighbour notification procedure being carried out.

3.2 The Transportation Manger has no objections to the planning application but has offered several detailed comments, most of which can be addressed as part of the Roads Construction Consent process.

3.3 Scottish Water has no objections to the proposal.

4. Planning Assessment and Conclusions

4.1 The principle of a residential development of 52 dwellings has already been established at this site. Accordingly, the only material considerations in the assessment of this application relate to the differences between this proposal and the scheme granted planning permission in February 2006. A description and assessment of these differences is as follows:

4.2 Although the proposal now contains 9 more dwellings than already approved, the amended development still complies with the ‘Developer’s Guide to Open Space’.

4.3 It is felt that for the most part, the houses and flats are now laid out in a more considered manner and are more architecturally pleasing compared to the original scheme. In particular, the 2 and 3 storey flats will enjoy an attractive outlook over the adjoining open space with fine views westwards over the Clyde Valley. However, there is one aspect of the new development which arguably constitutes a retrograde step, this being the relationship between the development and Rochsolloch RoadNictoria Place. The amended scheme shows houses backing onto the main road, whereas the approved scheme managed to incorporate several properties orientated towards it, which is generally a more attractive solution. As means of

96 mitigation, the developer has submitted a plan showing the development as seen from Rochsolloch Road and Victoria Place, showing enhanced elevational treatment on rear house elevations and good quality boundary and landscaping treatment. On balance, it is considered that this approach is acceptable.

4.4 In order to take account of the additional impacts of the additional 9 houses on local schooling and on the local road network, the developer has pledged to contribute an additional f21,OOO to the Council by means of a Section 69 agreement.

4.5 In conclusion, the proposed development has been found to be acceptable on all fronts and therefore planning permission should be granted following the signing of a Section 69 agreement and a contribution from the developer of f21,000 to mitigate impacts on local schools and on the local road network.

97 Application No: C1061017371FUL

Date Registered: 19th October 2006

Applicant: Mr Gulam Ghos 96 Glen Road Wishaw

Agent M Robertson 36 Catherine Street Mot herwelI MLI 2RN

Development: Change of Use of Shop (Class 1) to Hot Food Takeaway

Location: 128 Main Street Salsburgh Shotts North Lanarkshire ML7 4LR

Ward: Councillor David Fagan 52 Salsburgh

Grid Reference: 282783 662731

File Reference: C/PL/SAM03000128/GA/LR

Site History:

Development Plan: Designated as ECON 8 (General Urban Area) and supported by Policy COM 10 in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 4 Letters of representation.

Newspaper Advertisement: Advertised Airdrie Coatbridge Advertiser 1st November 2006.

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 hot food take-away is brought into use the external flue shown on the approved plans shall be provided and this shall terminate 1 metre above the eaves level of the roof of the building. It shall be in use at all times while there is cooking on the premises.

Reason: To safeguard the amenity of the area.

98 I '\

NoithPnducBdby ianirntshlre Counc~l Planning Application No C/06/01737/FUL Plsnn#ncmd EnvnnrnerfDe~amenf Flemlng Hours 2TwiitRaad Cumbern*"ld. 087 ,a' hrtel 0323601236616232 016210 Change of Use of Butcher Shop (Class I)to Hot Food Takeaway

Th15maplsreproduced fmmOmnsnnSuney 128 Main Street Sals burgh materia, "8t" me permisi80" 0, OdnSnoe sulvey 0" ben811 Oftk Cnntra,,cralHarMneEfyl Slat8orIeh 016- D Cnwn caPYnghl Unauthorised nplndudion mnhngsn Crmn copynghfan~may IWd I3 prcs~cyl~onor cvll proceed "01' Representations NORF L~R(~~~COY~CII10002359~ 7uod *

99 3. That the premises hereby granted planning permission shall not be opened prior to 5.00 pm from Tuesday to Sunday and shall remain closed all day on Mondays.

Reason: To clarify the extent of the permission granted in the interest of the amenity of the area.

Background Papers:

Application form and plans received 19th October 2006 Monklands District Local Plan1991.

Memo from Transportation Section received 22ndNovember 2006. Memo from Protective Services Section received 7'h November 2006.

Letter from L Gray,l21 Main Street , Salsburgh, ML7 4LH received 27th October 2006. Letter from R Pharo,l21 Main Street, Salsburgh, Shotts, ML7 4LH, received 27th October 2006. Letter from J Kilgour,l30 Main Street, Salsburgh, Shotts, ML7 4LR received 1st November 2006. Letter from Mr & Mrs Lee,l23 Main Street, Salsburgh , ML7 4LR received 2nd November 2006.

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01 236 81 2375.

Date: 4 January 2007

100 APPLICATION NO. C1061017371FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for a change of use from a shop (class 1) to a hot food take-away at 128 Main Street, Salsburgh. The property is bounded by 126 Main Street (residential property) and the servicing area of a non residential property at 130 Main Street Salsburgh. To the rear of the property lies an existing light industrial use (Remac Services Airdrie). The proposal fronts on to Main Street Salsburgh. The shop unit is a single storey detached unit located within the main shopping Street in the northern part of Salsburgh village. The shop, which was a former butcher’s shop, has no designated parking spaces and is now vacant.

1.2 The unit measures 5.2m x 15.2m and the proposal are to provide a waiting area, servery, kitchen and staff toilet. There are no significant alterations to the exterior of existing building. The intended opening hours would be from 5.00pm to 12.00 (midnight) Tuesday to Sunday (inclusive). A flue would be constructed at the ridge of the roof.

2. Development Plan

2.1 Under the terms of the Adopted Monklands District Local Plan 1991 the site is within an area designated as ECON 8 (General Urban Area) and Policy COM 10 (Hot Food Shops/Restaurants). There are no strategic considerations.

3. Consultations and Representations

3.1 The development was advertised in the local press as a bad neighbour development.

3.2 The Protective Services Section have no objection to the proposal subject to the provision of an appropriate extraction flue, which is indicated on the submitted plan.

3.3 The Transportation Section have advised that 5 off-street car parking spaces would normally be required for the proposed hot-food take-away. However these can not be provided within the designated application site boundary as no available land exists adjacent or near the site for acquisition for use as a parking area. Transportation has also commented that the knock on effect of on street parking could have a detrimental impact on the operation of the adjacent junction of Main StreeVDavid Street.

3.4 4 letters of representation were received from local residents and the terms of objection can be summarised as follows.

a) The development will become a focus for local youths and customers from the nearby public house resulting in increased noise. This will result in an increase in the volume of cars with loud music. b) Additional litter would be left in the vicinity, where no waste bins currently exist. c) The proposal would also lead to an increase in flies and attract vermin including foxes, which may cause a problem for sheep farmers. d) There will be an increase in the amount of vehicular traffic generated and the development has no customer parking included in the proposal. e) The owner may apply for illuminated signage. f) The policy of North Lanarkshire Council is to maintain the peace and well being of the community and to recognise and carry out any measures needed to maintain this, where as this proposal will result in the disruption of the objector’s quiet way of life.

101 g) Not all of the area outlined on the location plan is under the applicant’s control. h) There is no dedicated area for refuse collection. i) The previous owner had problems with blocked drains. j) The proposal will generate smells, which will impact on neighbouring property No.132 Main Street. k) Hours of operation will result in nocturnal disturbance from customer noise. I) The proposal will result in an increase in the amount of litter generated. m) North Lanarkshire Council has a noise and nuisance agreement making sure that resident’s rights to the peaceful enjoyment of their home is protected. n) Will the Council ensure that the packaging used by the proposal will be recycled. 0) There is no infrastructure in the village to cope with the daily running of the proposal.

4. Planning Assessment and Conclusions

4.1 The proposal requires to be assessed under the terms of the development plan and any other material considerations. In this instance the terms of Policy Econ 8 (General Urban Areas) is relevant. This Policy states the principle of a mixture of uses will be accepted. Existing commercial and light industrial uses will be encouraged to remain subject to there being no change of use or intensification of use likely to create adverse environmental effects. However, the development of, or expansion of General Industry or Special Industrial Developments will be discouraged.

4.2 The application site is located within an area covered by policy Econ 8 (General Urban Area). This Policy states the principle of a mixture of uses will be accepted. This development falls within an ECON 8 area which cannot be regarded as an exclusively residential area. Indeed, a previous planning appeal decision against a hot food takeaway at 45 Blackcroft Terrace Salsburgh, (PPN320/174) stated that ‘the Main street of the village on the north side of the Old Edinburgh Road provides most of the village services including pubs, and is thus more likely to provide an acceptable location for this type of development, possibly within the area covered by local plan Policy ECON 8.’ No parking restrictions currently exist on this section of Main Street with on street parking already evident.

4.3 Under Policy Com 10 hot food shops require to be adequately ventilated to ensure there would be no smell nuisance from cooking odours. The Protective Services Section has no objection to the proposal. Given this advice the proposal under Policy Com 10 is acceptable as a flue is provided in the proposals.

4.4 The Transportation Section have advised that an additional 5 no. off-street parking spaces would be required and on street parking could have a detrimental effect on the operation of the junction at Main Street and David street. However Main Street is a relatively busy road and has existing commercial developments fronting on to it. Although some additional parking in the evening is anticipated by patrons of the take away and may take up more of the roadside parking space it is difficult to see how that would be detrimental to road safety given that a level of periodic on street parking currently exists with other premises on Main Street.

4.5 The original proposal was that the hot-food shop would be open until 1.00am at the weekend and would be likely to attract additional visitors during the late night opening hours. The agent has advised that the applicant is willing to limit opening hours from 5.00pm to Midnight from Tuesday to Sunday, with the shop remaining closed on a Monday. However, late opening that is beyond 11.OOpm is a matter for the Licensing Board to consider. It would only be appropriate for the planning permission to impose restrictions up to that time. The amended hour suggested by the agent would be more acceptable than the original hours applied for.

4.6 Turning to the terms of objections the following assessment can be made.

102 (a,k) The type of customer patronising the development is not a material planning consideration and noise nuisance of this type indicated would be a matter for police intervention.

(b,c,h,) There would be a requirement for the hot food shop to provide a litter bin facility as required by the environmental health regulations.

(d) Main Street is a busy road and has existing commercial developments fronting on to it. Although some additional parking in the evening is anticipated by patrons of the take away which may take up more of the roadside parking space it is difficult to see how that would be detrimental to road safety given that a level of on street parking currently exists.

(e) The proposal does not include illuminated signage, which would require a further application under the Town and Country Planning (Control of Advertisements)(Scotland) Regulations 1984.

(f,m)The objector is referring to the role of Housing and Property Services and anti social task force who have a role in resolving conflict relating to noise and nuisance between residents. The role of the planning system in deciding planning applications must try to protect the amenity of existing residents while acting in the interest of the wider community. On balance this development is within the bounds of acceptability in planning terms as it is a commercial operation within a mixed use area.

(9) The applicant has submitted a revised plan indicating the extent of site ownership, which does not significantly alter the proposal under consideration.

(i) This is not a material planning consideration.

(j) Protective Services did not consider that the development would result in a smell nuisance with the introduction of a flue and ventilation system as proposed. It is also noted that the residential properties, which bound the proposal, have expressed no objection.

(n) This is not a material planning consideration.

(0)There is adequate infrastructure in the village to support a minor development of this nature.

4.7 In this instance the objections raised either can not be sustained or are not considered entirely relevant to the use under consideration. As such it is considered that the hot food take-away would not result in a level of change of use or intensification of use likely to create adverse environmental effects to a degree that would merit refusal. Given the foregoing and having received no objections from the immediately adjacent residential properties, the proposal is considered to be acceptable and it is recommended that planning permission be granted.

103 Application No: C1061019071FUL

Date Registered: 21 st November 2006

Applicant: T-Mobile UK Clo Agent

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Development: Installation of 14.7m Telecommunications Mast With Three Antennas and Ancillary Equipment Cabinets

Location: Land To The North Of Rentokil Cleaning Services Heritage Way Summerlee Coatbridge North Lanarkshire ML5 1QD

Ward: 33 North Central And Glenboig Councillor Mary Clark

Grid Reference: 272943 665182

File Reference: CIPL/CTH2200000/SMl/EL

Site History:

The application site is located in an area covered by policy ECON 8 Development Plan: and TELI (Telecommunications Development) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: NLC Education

Newspaper Advertisement: Not required

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.

104 105 In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

That the Authority is notified of the date on which the mast becomes operational and the existing T-Mobile (UK) Ltd DNS Mast, on the east side of Heritage Way and to the north of the application site hereby approved, shall be removed within one month of that notified date.

Reason: To prevent the proliferation of telecommunication masts along Heritage Way thereby reducing the cumulative visual impact and safeguarding the amenity surrounding area.

Background Papers:

Application form and plans received 21 st November 2006 Monklands District Local Plan 1991

Memo from NLC Education received 1st December 2006

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

Date: 3rdJanuary 2007

106 APPLICATION NO. C/06/01907/FUL

REPORT

I. Description of Site and Proposal

1.I Planning permission is being sought for the erection of a 14.7 metre high mast with 3 antenna and associated ground based equipment cabinets. The proposed 14.7 metre monopole would be sited on the public footway north of the Rentokill cleansing services building on Heritage Way, Coatbridge.

1.2 Three ground based cabinets require to be installed and each shall be painted grey. The first is 0.9 metres wide by 0.8 metres deep and is 1.25 metres high. The second measures 1.3 metres wide by 0.71 metres deep and is 1.6 metres high. The third measures 0.5 metres deep by 0.6 metres deep and is 1.2 metres high. When installed the cabinets will leave a 2 metres wide footpath.

2. Development Plan

2.1 The application site is located in an area designated as ECON 8 (General Urban Areas) and is assessed against policy TELI (Telecommunications Development) in the Monklands District Local Plan 1991. There are no strategic implications.

3. Consultations and Representations

3.1 NLC Education Department has stated that there is a perception amongst the school community that mast installations represent a danger and that this may influence parents when they decide which school their child should attend.

4. Planning Assessment and Conclusions

4.1 In assessing this application the local plan policy ECON 8 (Existing General Urban Areas) is relevant. In land use terms the proposal is compliant with the development plan. There are no strategic issues.

4.2 Policy TEL 1 Telecommunications Development contained in the Monklands District Local Plan indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need, and environmental impact.

4.3 The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in 3G coverage, which it claims will be of general benefit to business and domestic users in the area. It is unlikely that there would be a significant negative or positive impact with regard to economic benefit that can be measured. It will be of general benefit to the community to have full signal coverage.

4.4 The applicant has provided the required site selection survey for possible alternative sites. Several sites within the vicinity were investigated before this location was put forward. The sites that were investigated for mast sharing in the area were all considered unshareable or would require significant redevelopment to accommodate their needs. The applicant considered that the redevelopment of each of the locations investigated would be unsuitable, as the masts would become more visually intrusive.

107 4.5 The applicant submitted a planning application (C/06/01064/FUL) on the 20thJune 2006 for the erection of a monopole mast on the opposite side of Heritage Way adjacent to Summerlee Gatehouse. This application was subsequently withdrawn as it was considered that the siting of a mast at this location would adversely affect the setting of the gatehouse which is a listed building.

4.6 The existing mast on heritage way provides 2G coverage to the surrounding area, however, due to site constraints outwith the applicant’s control it is not possible to upgrade the existing mast to accommodate 3G equipment and associated cabinets. Should the proposed mast be granted permission a condition would be placed on the permission requiring the removal of the existing mast to the north and the reinstatement of the site.

4.7 In terms of environmental impact it is considered that the proposed slimline monopole design and grey colour will reflect the vertical emphasis and appearance of the existing street furniture positioned along Heritage Way. It is considered that the monopole will not have a significant adverse impact on visual amenity of the surrounding area.

4.8 NPPG 19 provides support for telecommunications development where the applicants have demonstrated careful consideration of all siting and design options, and where the possible environmental effects have been minimised. Should the applicant have taken all these factors into consideration, refusal is unlikely to be warranted. With regards to PAN 62, it should be noted that it is preferred to locate telecommunication equipment in unobtrusive locations. It is considered that the applicant has satisfied the criteria set out in both NPPG 19 and PAN 62.

4.9 In relation to the comments raised by the NLC Education the effect on future school intake is not a material planning consideration. The nearest schools, Coatbridge High and St Augustines RC Primary School, both lie over 400 metres away from the site. It is noted that the required ICNIRP Declaration has been supplied stating that the proposal complies with the international safety standards for electromagnetic radiation emissions. It is conceded that there is significant public concern about the possible health risks associated with telecommunications apparatus. However, while the public perception of health risks has been regarded as a material consideration at previous appeals, given that the applicant has provided the necessary ICNIRP certificate, it is considered that concerns over health implications are not sufficient on their own to justify refusal of this planning application.

4.10 In conclusion, it is considered that taking into account the development plan and all material considerations, including national policy and public concerns, planning permission should be granted in this case. The proposed development is in accordance with local plan policy and national policy guidance in PAN62 and NPPG 19 Radio Telecommunications Development and is considered to meet the criteria stipulated in policy TELl . The required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. The design of the installation reflects the surrounding street furniture and will keep the visual impact to a minimum. It is therefore recommended that planning permission be granted.

108 Application No: C/06/01955/FUL

Date Registered: 27th November 2006

Applicant : Mr Eric Bell Wilmar Hulks Road G reengairs North Lanarkshire ML6 7SS

Development: Erection of Dwellinghouse

Location: Wilmar Hulks Road Greengairs North Lanarkshire ML6 7SS

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 276362 671351

File Reference: C/PL/GWH840 005000/1J/EL

Site History:

Development Plan: The site is covered by policies GB2 (Restrict Development in Countryside Around Towns), L11/2 (Landscape Improvements) and CU1/3 (Gas Pipeline Safety Zone) in the Monklands District Local Plan 1991.

Contrary to Development Plan: Yes

Consultations: Scottish Water (No objections) Health and Safety Executive (No objections) British Gas (No objections) Scottish Power (No objections)

Representations: 2 Letters of representation

Newspaper Advertisement: Advertised on 6'h December 2006

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.

109 Planning Application No C/06/01955/FUL

Erection of Dwellinghouse

110 2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

3. That before the development hereby permitted starts, 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: To enable the Planning Authority to consider these aspects in detail.

4. That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

5. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

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

6. That prior to the dwellinghouse hereby permitted being occupied, a 2 metre wide footway, including streetlighting, shall be constructed along the full frontage of the site, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

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

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

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

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

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

9. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The preferred method for the disposal of septic tank

111 effluent is the provision of a sub soil soakaway system. The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in “The Scottish Building Standards : Technical Handbook : Domestic” issued in May 2005. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Surface water should be excluded from the foul drainage treatment system.

In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain.(Note : If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA.

Reason : To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

Background Papers:

Application form and plans received 27th November 2006

Letter from Scottish Water received 8th December 2006 Letter from Health and Safety Executive received 8th December 2006 Letter from British Gas received 11th December 2006 Letter from Scottish Power received 8th December 2006

Letter from Miss Alfreda M Millar, 7 Hulks Road, Riggend, Airdrie, ML6 7SX, received 1ITH December 2006. Letter from Dr A Polding, Springburn Health Centre, 200 Springburn Way, Glasgow, G21 ITR

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

Date: 3rdJanuary 2007

112 APPLICATION NO. C/06/01955/FUL

REPORT

Description of Site and Proposal

The application site measures some 0.7 hectares and is located on the north side of Hulks Road between two detached residential properties. The site formerly accommodated a number of large buildings which operated as an agricultural unit run by the applicant from his existing adjacent dwellinghouse “Wilmar” (to the west on the site). The application site is located to the south of the nearest settlement of Luggiebank and is accessed directly off Hulks Road about 60 metres to the east of its junction with the B8039 Stirling Road.

The proposal is for the erection of a one and a half storey detached traditionally built dwellinghouse that will be set back 6 metres from the Hulk Road frontage and will incorporate dormers on both front and rear elevations to provide the following internal accommodation. Ground Floor: Lounge, Kitchen, Utility Room, Hall, Bathroom and 2 Bedrooms Upper Floor: 4 Bedroom with en-suites

Externally the building will be finished in roughcast with facing brick base and the roof will be covered in concrete roof tiles (Marley), all to match the adjacent dwelling. A vehicular driveway will be located to the east of the new build near the existing point of access.

In a letter accompanying the submission the applicant advises that the added accommodation is required to house his elderly parent (father) and his daughter (with family) who will care for that elderly person on a full time basis.

Development Plan

The site is covered by policies GB2 (Restrict Development in Countryside Around Towns), L11/2 (Landscape Improvements) and CU1/3 (Gas Pipeline Safety Zone) in the Monklands District Local Plan 1991.

Consultations and Remesentations

Following the standard neighbour notification and public advertisement procedures one letter of representation was received in respect of this application. That letter, although not a formal objection, highlights the problem of flooding within the area especially on Hulks Road and within the application site.

Scottish Power, Scottish Water and Transco offered no objections to the proposal. HSE advised that the proposal did not impact on an existing High Pressure Gas Pipe.

The Transportation Section has not formally objected to this proposal although they have highlighted that the section of Hulks Road around the site has no street lighting or footways. ,’ A letter in support of the proposal was received from the applicant’s doctor who advises that the applicant’s father (for whom the accommodation is being sought) suffers multiple medical problems including osteoarthritis, heart and valve disease and requires long term care, preferably at home.

113 4. Plannina Assessment and Conclusions

4.1 Applications of this nature require to be assessed under the terms of the Development Plan and any other material considerations. In terms of the development plan i.e. Monklands District Local Plan 1991 the site is covered by policy GB2 (Countryside Around Towns) which states that isolated developments in the countryside shall not generally accord with the Local Plan unless there is specific locational need. It also states that proposals within these areas require to be justified against economic benefit, specific locational need, infrastructure implications and environmental impact.

4.2 It is accepted that the proposal would not introduce any economic benefit to the area nor would it have any significant infrastructure implications taken that existing services are currently available to adjacent properties. There would be obvious environmental benefits resulting from the development of an untidy site which still exhibits remnants of former buildings (large sheds). In terms of specific locational need and the applicant has submitted supporting information including a doctor’s letter to demonstrate that the dwellinghouse is being sought to accommodate an elderly relative (father) who requires constant supervision. This supervision would be overseen by the applicant’s daughter and family who currently reside with the applicant and who would occupy the upper floor of the new dwelling with the elderly relative residing on the ground floor. This seeks to justify the proposal in terms of specific locational need. This is not an acceptable justification in terms of the Local Plan.

4.3 Policy GB2 specifically limits “isolated development” in the countryside around towns. However, in a recent Scottish Executive decision (dated 27‘h June 2006) on a planning appeal against the refusal of a planning application for the erection of a dwellinghouse between the existing houses at 472-476 Greengairs Road, Greengairs (ref:P/PPA/320/231 & C/05/01119/FUL) it was concluded that “the appeal site is essentially a gap site, occupying a narrow strip of land between the existing road-side houses”. The Reporter added that “ I find that the appeal proposal, which is essentially for an infill development on a gap site between two existing houses, would not constitute isolated development” and “accordingly, I conclude that the policy does not apply here and the proposal would not be contrary to the provisions of the local plan”. The similarities between both sites are obvious and therefore having regard to the Scottish Executive opinion on the previous very similar application, the current submission should be judged in similar terms.

4.4 Scottish Planning Policy 15 (Planning for Rural Development) is supportive of small scale rural housing developments, including (among others) small clusters and groups in close proximity to settlements, and plots on which to build individually designed houses. The proposal is considered sympathetic to that policy.

4.5 Regarding policy LI 1/2 (Landscape Improvement: Good Quality Landscape) every planning application is seen as an opportunity to effect improvements to the landscape, and although this policy cannot be used in isolation, it requires to be part of the overall assessment of the application. Should this development be granted permission this would have a positive effect in terms of the immediately adjacent landscape.

4.6 In relation to the proposed dwellinghouse the design and location are similar to the existing adjacent property and is compliant in terms of the design guidance on “Space around Dwellings”. The proposed design includes windows with a vertical emphasis, traditional dormers, traditional pitched roof and a wide frontage onto Hulks Road.

114 4.7 In conclusion, having regard to the foregoing it is considered that the erection of the dwellinghouse is in line with the relevant local plan design guidance. It also follows the previous decision of the Scottish Executive Inquiry Reporters Unit on a site just outside Greengairs which reflects national policy guidance in the form of SPP15. It is therefore recommended that planning permission be approved subject to the stated conditions.

115 Application No: C/06/01975/FUL

Date Registered: 29th November 2006

Applicant : Steve Parker 12 Trafalger Street Bridgeton Glasgow G40 IQ5

Development: Alteration to Condition No 1 of Planning Permission 051009761FUL to Extend Time Limit for Siting Play Equipment

Location: Drumpellier Country Park Town head Road Town head Coatbridge North Lanarkshire

Ward: 31 Townhead Councillor Anthony Clarke

Grid Reference: 270268666407

File Reference: CIPLICTT81 21CM N/EL

Site History: C/05/00976/FUL Siting of Bouncy Castle, Inflatable Slide and Merry- Go Round Granted 15 July 2005

Development Plan: The site is covered by policies TO6 (Develop Drumpellier Country Park for Tourism), LRll (Improve Public Open Space) and LR9 (Develop Drumpellier Country Park) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Com munity Services (No Response)

Representations: None.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

1. That the permission hereby granted is for the temporary periods only from 1st July to 5th August 2007, 1 July to 7th August 2008, 1st July to 7th August 2009 and 1st July to 7th August 2010.

Reason: To allow the Planning Authority to retain effective control and assess the impact of the development over the temporary permitted period.

116 Planning Application C/06/01975/FUL Background Papers:

Application form and plans received 29th November 2006

Monklands District Local Plan 1991.

Any person wishing to inspect these documents should contact Mr Christopher McNey at 01236 81 2375.

Date: 3rdJanuary 2007

118 APPLICATION NO. C/06/01975/FUL

REPORT

Description of Site and Proposal

Drumpellier Country Park occupies a substantial and attractive site of some 500 acres to the west of Coatbridge. With areas of mature woodland and two attractive lochs it offers a variety of scenery and pursuits. Within the park is the visitor centre to the north of Lochend Loch. 160 metres west of the centre is a playpark. The proposed siting of the inflatable facilities is on the enclosed (by 0.5 metre tall single rail) grassed area to the east of the playpark.

This application seeks to extend the time condition placed on original the planning permission for the siting of bouncy castle, inflatable slide and merry-go-round to operate between 1st July and the first Sunday in August in 2005, 2006 and 2007 to include the 1st July to the 7th August for 2008,2009 and 2010.

Development Plan

The site is zoned TO6 (Develop Drumpellier Country Park for Tourism) which states that it is desirable that additional facilities are created for visitors. In addition the site is also zoned as LRll (Improve Public Open Space) which seeks to protect existing open space from inappropriate development.

Policy LR9 (Develop Drumpellier Country Park) is also relevant dealing specifically with development issues involving the country park. This states that the country park provide excellent and convenient leisure opportunities for the surrounding area through the development of a wider range of facilities.

As this application raises no strategic issues, it can be assessed in terms of the local plan policy.

Consultations and Representations

The Community Service Manager was consulted as the manager of the park but did not respond. There were no objections to this application.

Councillor Brooks requested that the application be presented to committee, as it would normally be a delegated matter.

Planning Assessment and Conclusions

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.

Planning permission is required in this instance as the applicant is planning to operate for more than the 28 days per calendar year allowed for a temporary use. The applicant proposes to site the bouncy castle, inflatable slide and merry-go-round on a grassed area beside the existing children's play area, which is opposite the existing car park. The bouncy castle etc will be seen from Townhead Road, however, existing trees will act as a screen from Gartcosh Road. These types of facilities are acceptable within the park environment. The Monklands District Local Plan states that Council will support a wider range of facilities that cater for a wide range of people. Therefore, it is recommended that planning permission is granted subject to the appropriate condition.

119 Application No: C1061019851FUL

Date Registered: 30th November 2006

Applicant: Mr John McDougall 1 Moorcroft Drive Ai rd rie ML6 8ES

Development: Two Storey Extension to Side of Dwellinghouse Including Single Integral Garage

Location: 1 Moorcroft Drive Peters bu rn Airdrie North Lanarkshire ML6 8ES

Ward: 44 Clarkston Councillor Campbell Cameron

Grid Reference: 278494 665381

File Reference: C/PL/AIM73500 1000/CM N/EL

Site History: None

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

Contrary to Development Plan: No

Consultations: None

Representations: 1 letter of representation

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

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

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

120 121 Background Papers:

Application form and plans received 30th November 2006

Memo from Transportation received 19th December 2006

Letter from R Hay, 59 Staffa Drive, Petersburn, Airdrie, North Lanarkshire, ML6 8NG received 20th December 2006.

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

Any person wishing to inspect these documents should contact Mr Christopher McNey at 01236 81 2375.

Date: 3rdJanuary 2007

122 APPLICATION NO. C1061019851FUL

REPORT

1. Description of Site and Proposal

1.I The property to which this application relates is a two storey detached house and its garden ground. The building is located within a predominantly residential area. The property is bounded to the north by Petersburn Road, and to the east, south, and west by neighbouring residential properties. The house is orientated so that it faces north-west and shares an access off of Moorcroft Drive to the west with 3 Moorcroft Drive. The site has a rear conservatory extension and the original integral garage has been converted to a dining room. The site is at a lower level than the properties to the rear (east and south-east).

1.2 Planning permission is sought for the construction of a two storey extension to the side (north- east) elevation of the dwellinghouse at 1 Moorcroft Drive, Airdrie. The proposed extension would project 6 metres from the side of the dwelling, and would be 7.3 metres long. The roof would be double pitched and a maximum 7.8 metres in height sloping down to 5.3 metres. The intended roof would be orientated so that the proposed extension gables would be at the front and rear of the house, in a similar way to the opposite side of the house. The overall footprint created would be 43.8m2. There would be a three panel window and two garage doors created to the front. On the ground floor at the rear there would be a 1.2m x 1.2m double panel window from the study, and a door from the garage. On the first floor at the rear there would be a 1.2m x 1.05m double panel window and a 1.2m x 2.1m inward opening glazed double door from the ensuite bathroom and bedroom respectively.

2. Development Plan

2.1 Policy HG9 of the adopted Monklands District Local Plan 1991 is of relevance to the determination of this application. It states that house extensions will generally be permitted so long as they comply with the Development Control Advice outlined by the District Council. There are no strategic implications.

3. Consultations and Rewesentations

3.1 The Traffic and Transportation Section were consulted and had no objections

3.2 One letter of objection has been received from the occupant of the property to the rear of the site. The objector had concerns that their conservatory would be overlooked by the proposed development and so infringe on their privacy.

4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.

4.2 The Development Control Advice design guidance for 'House Extensions' is of relevance to the de term ina t ion of this application.

123 4.3 It states that extensions should relate to the scale and design of the original house and should not affect the amenity of neighbours. It should integrate into the surroundings by virtue of its scale, form, proportions and materials and it should not result in any significant loss of daylight, sunlight or privacy to adjoining properties as a result of overshadowing or overlooking. In the case of an extension its positioning and proportions should be in keeping with the existing building and should be finished in materials with colours and textures which complement the existing building and other buildings in the locality. The guidance also states that side extensions should leave garden ground appropriate for the size of the house and plot and access to the rear should be maintained.

4.4 In response to the above points of representation:

0 The orientation of the site means that the rear windows face directly at the objector’s property. The site is also at a lower level than the objector. The proposal includes more glazed areas that would face onto the objector‘s property (59 Staffa Drive). The existing situation is that the first floor windows are 23 metres from the objector’s conservatory at 59 Staffa Drive. It is considered that conservatories are occasional rooms and as such the development would not significantly decrease privacy of the objector’s property.

4.5 There are no concerns about sunlightldaylight due to the area to the north being Petersburn Road. The boundary treatment of 1.8 metre wooden fencing surrounding the rear garden would be maintained and would screen the ground floor of the proposal.

4.6 In its proposed position the extension would be in the side garden of the applicant’s house. The south-west side of the extension would adjoin the property. The south-east (rear) side of the extension would face onto the neighbouring properties at 59 and 63 Staffa Drive. The north-east side of the extension would be blank. By virtue of its size, scale, architectural form and positioning on the rear of the house the proposed extension would not be harmful to the character and appearance of the house or of the character and appearance of the area. The proposed extension would not constitute an overdevelopment of the house plot as the resultant garden area would be acceptable. This proposal would integrate satisfactorily with the surroundings, and would cause no adverse amenity effects in relation to daylight and privacy to the surrounding area and I recommend permission be granted subject to the recommended conditions.

124 Application No: C/06/021OYAMD

Date Registered: 22nd December 2006

Applicant: St Francis Xavier Foreign Mission Society Calder Avenue Coatbridge Lanrks hire ML5 3LN

Agent McLaren, Murdoch & Hamilton Chartered Architects 2 Dundee Road Parth PH2 7DW

Development: Construction of 12 Terraced Houses and 12 Three Storey Flats

Location : St Francis Xavier College Calder Avenue Shawhead Coatbridge North Lanarkshire ML5 4JR

Ward: 39 Shawhead Councillor James Brooks JP

Grid Reference: 274062663691

File Reference: C/PL/CTC0720582000/1J/LR

Site History: 05/01045/FUL Erection of Residential Education Centre, Two Storey Housing and Four Storey Flats Granted November 2005

Development Plan: The site is covered by policy HG9: Existing Residential Areas in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 5 Letters received

Newspaper Advertisement: Not Required

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.

125 Planning Application No C/06/02103/AMD

Erection of Two Storey Housing and Three Storey Flats at N x, VI St Francis Xavier College, Calder Avenue Shawhead Coatbridge Notto * Representations

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

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

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

4. 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) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

Reason: In the interests of amenity.

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

Reason: In the interests of amenity.

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

Reason: In the interests of amenity.

7. That prior to the occupation of the fourth last dwellinghouse within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.

Reason: To define the permission

8. That before the development hereby permitted starts, details of phasing of the development shall be submitted to, and approved in writing by the Planning Authority.

127 Reason: To define the permission.

9. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access on Calder Avenue, details of which shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of public safety.

10. That prior to the start of any work within the development site, the proposed site access on Calder Avenue, including the visibility splays required under the terms of condition 9 above, shall be provided to the satisfaction of the Planning Authority and shall be maintained solely for that purpose.

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

11. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority.

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

12. That before any of the developments hereby permitted are occupied, all the parking and manoeuvring areas associated with that development, as shown on the approved plans, shall be levelled, properly drained, surfaced in the materials which the Planning Authority has approved in terms of condition 10 above and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the and footways within the site shall be completed to final wearing course.

13. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements

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

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and well being of existing and future residents adjacent to and within the development site respectively.

15. That the SUDS compliant surface water drainage scheme approved in terms of Condition 13 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil

128 Engineer experienced in drainage work) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

16. That prior to the start of any works on site, a detailed drawing showing the bin store locations and boundary enclosures shall be submitted to, and approved in writing by the Planning Authority.

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

Background Papers:

Application form and plans received 22nd December 2006

Letter from Mr Allan Gray, 61 Rothesay Crescent, Coatbridge, ML5 4JN received 8‘h January 2007 Letters from Mr Vincent Grant, Calder Villa, Calder Avenue, Coatbridge, received 8‘”9th January 2007 Letter from Michael Lennon, 163 Burleigh Street, Coatbridge, ML5 4JJ received gthJanuary 2007 Letter from Kevin McGrath, 157 Burleigh Street, Coatbridge ML5 4JJ received gthJanuary 2006

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

Date: 9 January 2007

129 APPLICATION NO. C/06/02103/AMD

REPORT

Description of Site and Proposal

The application site forms part of a larger site addressed as St. Frances Xavier College that measures some 1.05 hectares and is located on the south side of Calder Avenue, Coatbridge within a predominantly residential area. The larger site slopes slightly downwards from the front to the rear and currently accommodates a large traditional stone built former dwellinghouse with attached rear flat roofed buildings which taken together provide residential accommodation, seminar rooms, class rooms, a dormitory as part of St. Frances Xavier College. The site is bounded to the north by Calder Avenue, to the west and south by residential properties and to the east by an operational railway line.

Under the terms of a recent planning permission (C/05/01045/FUL) permission was granted to develop the front part of the larger site as a new “Global Education Centre” owned by the St. Frances Xavier Foreign Mission and operated by the Lanarkshire Global Education Centre. The rear part of the site was to be developed to accommodate a four storey flatted private housing development (to the east) and a courtyard style Housing Association development (to the west).

The current planning application seeks to amend that previous permission by substituting the courtyard style Housing Association development with main stream housing. The elements of the previous permission relating to the Global Education Centre and the four storey flatted development will be unaffected although the road layout, including parking details, will require adjustment to accommodate the proposed amendments.

The amendment now being sought proposes the introduction of 12 two storey terraced main stream housing and 12 three storey main stream flatted housing as a direct replacement for the previously approved 22 two Storey terraced Housing Association units. The layout of the replacement units will be “U” shaped with the main elevations onto the central car parking area, in a similar fashion to that previously approved. Eight of the proposed terraced units will accommodate single parking bays within their front garden areas.

Development Plan

The site is covered by policy HG9: Existing Residential Areas in the Monklands District Local Plan 1991. There are no strategic issues.

Consultations and Representations

Following the standard Neighbour Notification procedures 4 letters of objections were received against this proposal. The main points of objection raised are as follows: a. the proposed sightlines would affect both the existing mature landscaping (trees) and a stone wall at the site frontage and no clear indication has been given on how the trees and wall will be affected to accommodate the new site entrance. b. There is a discrepancy over the actual site boundaries and the legal ownership and no indication has been given on proposed boundary treatment. c. The submission does not indicate existing/proposed levels and as the site drops significantly from the front to rear the layout will not be set at the same level as indicated on the drawings. d. The proposed 3 storey building does not indicate vertical/horizontal dimensions while internally there are deficiencies in terms of lack of lift, inappropriate positioning of windows and lack of clarity of external treatment.

130 e. The details of the 2 storey terraced properties do not clearly indicate required dimensions nor are external treatments shown. f. There are no landscaping proposals provided including tree planting/removal proposals as indicated in the drawings. 9. There are no details provided of car park/footpath construction. h. There is no Environmental Report submitted for this application and there is evidence of bluebells within the site which are protected. There is no information on how the site will deal with surface water/sewage dispersal. I. The position of the bin storage areas appear to be excessive for access by bin lorries k. There is no play area provision within the site. I. The lanes to the rear of the terraced properties would attract undesirables. m. The location of the 3 storey element would be inappropriate within a predominantly 2 storey area and would be visible from the main access while overshadowing the adjacent 2 storey villa. n. A number of statutory bodies have not been consulted to enable comment to be made. 0. The current submission bears little relationship to the previous planning permission (including housing association element) and is clearly over-development that appears to be a monetary solution with no social motive. P. The proposed 4 storey flats may cause overshadowing and the 2 storey houses are likely to reduce the evening sun in the adjacent gardens. The 3 storey block is out of keeping with the general area and would tower over the adjacent properties that are at a lower level. r Loss of house value.

3.2 The Transportation Section has reservations on the proposal in respect of the proposed amended internal road/parking detail.

4. Planning Assessment and Conclusions

4.1 In assessing the merits of this proposal, determination should be made in terms of the Development Plan as required under Section 25 of the Town & Country Planning (Scotland) Act 1997 unless other material considerations indicate otherwise.

4.2 In terms of the Monklands District Local Plan 1991 the application site is located within an area designated for residential purposes under policy HG9 (Existing Residential Areas) and the surrounding uses are currently of a predominantly residential nature. Taken together the proposed use of the site for residential purposes is therefore compliant with the development plan in policy terms.

4 .3 In granting Planning Application C/05/01045/FUL the Council has accepted the redevelopment of the larger site (including the application site) as a new “Global Education Centre”, the redevelopment of the rear to accommodate a four storey flatted private housing development (to the east) and a courtyard style Housing Association development (to the west). The current amendment does not affect either the proposed new “Global Education Centre” or the proposed 4 storey flatted development and only seeks to alter the layout (and end user) of the residential element within the rear (west) part of the site. Consideration of this current submission should therefore be based on the acceptability of main stream housing on this part of the site when viewed against the relevant design guidance.

4.4 It is relevant to note that sympathetic consideration was previously given to the Housing Association element of planning application C/05/01045/FUL in terms of parking provision and the design guidance on space around dwellings. This specialised form of residential accommodation which incorporated sheltered units (Housing Association) was given a relaxation on the required levels of parking provision and space around dwellings. The amendment now being sought seeks to replace the 22 units previously identified for Housing

131 Association use with 24 main stream housing units within a layout similar in a number of aspects to that previously approved. While efforts have been made to accommodate the required number of parking spaces available to meet the standards for main stream housing there is still a shortfall of 4 spaces. The flats and houses will require to share the available unallocated car parking spaces within the central car park which is not an entirely satisfactory arrangement. In addition, the standards of amenity front and rear gardens available to a number of the terraced units is below the minimum standard set down in the Council’s approved design guidance. The physical form of the proposed 2 storey terraced units is the same as the two storey units previously approved and the 3 storey flatted units are a similar style.

4.5 Having regard to the specific points of objection raised I would offer the following comments: a. A condition would be attached to any planning permission to require that the site access sightlines would be in place prior- to the start of any construction work within the development site. Details of the impact of these sightlines on adjoining ground will require to be submitted for approval of the planning authority. The loss of any existing trees to accommodate those sightlines will be minimised and compensated through the planting of replacement at appropriate alternative locations. b. Legal issues such as boundary disputes are outwith the remit of the planning authority although this issue has been highlighted to the applicant in order that any such issue can be addressed. C. The current submission involves a section of the larger development site that is set predominantly at a single level and therefore the submitted drawings are considered accurate in terms of proposed building levels. d. The proposed 3 storey building is clearly shown on scaled drawings which allow accurate dimensions to be taken in terms of verticaVhorizonta1 emphasis. Matters of internal layout are best dealt with at the Building Warrant stage unless where this affects privacy to adjacent properties. e. As per d. above the submitted drawings are set at a scale suitable to determine accurate dimensions etc. Matters such as external treatment, finishes on all structures would be controlled through appropriate conditions on any planning permission to ensure that the Council has control over the use of appropriate materials. f. Appropriate conditions would be attached to any planning permission to ensure the submission of acceptable landscaping proposals. g. While the car parklfootpath setting out forms part of the current planning application submission details of car parklfootpath construction (including surface materials, drainage etc.) would be submitted for approval as part of any Roads Construction Consent (RCC) submission. h. This submission seeks only to amend a previous planning permission and matters of an Environmental nature have previously been fully considered in the processing of that previous application. I. An appropriate condition on any planning consent will require the development to meet the requirements of both Scottish Water and SEPA in terms of surface water and sewage disposal. j. An appropriate condition on any planning consent will require the applicant to submit detailed proposals showing the location and boundary enclosure of all proposed bin stores to allow the Planning Authority to consider, and where appropriate, approve those details prior to any work starting on site. k. It is accepted that there is no dedicated play area provision within the site although the general level of amenity place around the flatted units and within the garden grounds of the terraced units is considered generally acceptable given the physical constraints of the site. Taken that a large area of public amenity land is located directly opposite the application site on Calder Avenue then in this case the lack of any in-site general amenity space is adequately compensated for by the adjacent parkland. I. The development site is self enclosed and the lanes will solely serve the residents for private access to their rear garden areas. No general access to the public will be anticipated and added security measures i.e. gates would further prevent unauthorised entry.

132 m. Taken that the site slopes gradually downwards from the Calder Avenue frontage then the introduction of a 3 storey structure towards the rear part of the site would be less dominant when viewed against the predominantly 2 storey dwellings on Calder Avenue. While an element of overshadowing will affect the rear garden of the adjacent 2 storey property this will only occur for a short period in the mornings. n. The current submission is an amendment to a previous larger development proposal which necessitated a larger volume of statutory consultations prior to any formal decision being issued. The current submission required a lesser level of statutory consultation taken that the majority of previous consultation response is still relevant. 0. Two significant elements of the previous planning permission i.e. Global Education Centre and 4 storey flatted development are unaffected by this current submission and only the outstanding residential element is altered through the replacement of housing association units with main stream housing of a generally similar layout. p. Planning permission has previously been granted for the 4 storey flatted units and this element does not form part of the current submission. The 2 storey units are of a similar design and height as that previously approved and still remain acceptable at the specific location and would have little impact on adjacent properties in terms of privacy, overlooking etc.. q. There are no 3 storey properties backing onto the properties on Burleigh Street which are set at a lower level. r. Matters such as loss of house values are not material planning considerations.

4.6 The redevelopment of the Global Education Centre is directly associated with, and wholly dependent on the redevelopment of the other elements within the site. The Committee should be aware that the normal standards for site layout and parking are not being achieved for the housing elements now being considered.

4.7 In view of the previous permission granted for housing on this part of the it is considered that there is not a sufficiently good case for a recommendation for outright refusal of planning permission but that the scheme under consideration is the best that can be negotiated with the agent. It is recommended that planning permission is granted.

133 Application No: S/06/00785/FUL

Date Registered: 8th May 2006

Applicant: Kenmore Homes UK Ltd 28 Stafford Street Edinburgh EH3 7BD

Agent Mclntyre Associates 90 Seaward Street Glasgow G41 IHJ

Developmen t : Housing Development of 77 Dwellings and Associated Roads

Location: Land Between Spindleside Cottage Station Road and Main Street Cleland Lanarkshire

Ward: 19 Cleland Councillor James Martin

Grid Reference: 279949657899

File Reference: S/PL/B/4/28 (145)IEMIMM

Site History: S/04/0207O/FUL Erection of 24 Dwellinghouses with Associated Access Road (Phase 2) Granted 8th June 2005

S/04/01730/FUL Construction of 20 Detached Dwellinghouses with Associated Access Road (Phase 3) Granted 12th July 2005

S/04/01626/FUL Erection of 18 no. Detached Dwellinghouses with Associated Roundabout and Access Road (Phase 1) Granted 8th June 2005

S/02/00207AMD Construction of 45 Dwellinghouses Granted 13th May 2002

S/O0/01002/FUL Construction of 47 Dwellinghouses (Amendment to Layout) Refused 4th March 2002 (contrary to recommendation) Appeal held in abeyance

S/98/1416/FUL Erection of 49 Dwellinghouses Granted 10th June 1999 (on appeal)

481192 Erection of 8 Terraced Dwellinghouses Granted 30th December 1992

134 rnd I .--,I 00-

/ Public Park

North Lanarkstire Couml PLANNING APPLICATION No .SI06 I00785 I FUL Planning and Emirormer* Headquartem Suile 501, Fleming House HOUSING DEVELOPMENT OF 77 DWELLINGS AND 2 Tryst Road ASSOCIATED ROADS CUMBERNAULD -71 JW LAND BETWEEN SPINDLESIDE COTAGE AND STATION ROAD, rbhire ATelephone 01236 616210 CLELAND, MOTHERWELL Fax. 01236618232 Cnundl I Representation Site Area = 3.30ha. Os Licence 100023368 2004 I *

135 Development Plan: The site is zoned as Existing and Proposed Areas for Development other than Major Industrial Development in the Central Industrial Area Part Development Plan 1964.

The majority of the site is zoned as HSG 2 Private Housing Development with the remaining parts of the site zoned as Green Belt ENV6 and HSG 8 Established Housing Areas in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

Contrary to Development Plan: No

Consultations: NLC Community Services Department (Comments) NLC Education Department (Com ments) British Gas (No Objections) Scottish Power (Com ments) Scottish Environment Protection Agency (Comments) Scottish Water (No Objections)

Representations: 3 Letters of representation

Newspaper Advertisement: Not Required

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

Reason: To ensure the site is free of contamination.

3. That before any development commences on site written confirmation shall be submitted to the Planning Authority that site drainage works will be carried out to the satisfaction of Scottish Water and the Scottish Environment Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems and before any dwelling is occupied written confirmation shall be submitted to the Planning Authority that these works have been completed to the satisfaction of Scottish Water and SEPA.

Reason: In the interests of amenity and public health in relation to drainage of dwellings, gardens and all hard surfaces.

4. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site infrastructure.

136 5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) a survey of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (b) a scheme of tree and shrub planting, including replacement planting for trees lost outwith and within the garden area of plots, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of any earth moulding and hard landscaping, grass seeding and turfing; (d) measures for the protection of retained vegetation in the course of the development and for mitigating adverse effects on vegetation loss for wild birds and (e) a timetable for the implementation of the landscaping works.

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

6. That before the occupation of the last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 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: To ensure that the required landscaping does not fail to be established through damage or neglect.

7. That notwithstanding the provisions of condition 5 above the existing vegetation along the southern boundary of the site hatched GREEN on the approved plans shall be retained and thereafter maintained to the'satisfaction of the Planning Authority, arrangements for which shall be included in the scheme of landscaping required under condition 5 above.

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

8. That prior to the occupation of the lothlast dwelling the pedestrian links to both Station Road and the area of Green Belt to the southeast of the site shall be fully surfaced and completed to the satisfaction of the Planning Authority.

Reason: In order to provide continued access across the site and satisfactory links to the village centre and the countryside area to the south of the site.

9. 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. This shall include details of a feature wall at the termination of Station Road.

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

10. That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 9 above and 11 below, shall be erected.

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

11. That notwithstanding the requirements of condition 9 and 10 above, before the last dwellinghouse hereby approved is occupied a 1.8 metre high feature brick walllfence shall be erected along the

137 boundaries of Plots 3, 34, 37, 38, 42, 48, 55, 61, and 77, shown ORANGE on the approved plans, the details of which shall be submitted to and agreed in writing prior to the commencement of development on site.

Reason: To safeguard the residential amenity of the area.

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

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

13. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed footpaths shaded RED on the approved plans, (b) the proposed SUDS treatment area and access shaded PURPLE on the approved plans. (c) the proposed parking areas hatched YELLOW on the approved plans. (d) the proposed grassed, planted and landscaped areas hatched GREEN on the approved plans, and (e) the proposed fences to be erected along the boundaries marked BLUE on the approved plans. (f) the entrance feature and walls outlined in conditions 9 and 11.

Reason: To enable the Planning Authority to consider maintenance proposals in the interests of amenity.

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

Reason: To ensure maintenance of the sites identified in condition 13 above.

15. Notwithstanding the plans hereby approved a further amended road layout shall be submitted to and approved in writing by Ihe'Planning Authority prior to the commencement of development on site. The revised layout shall include: 1) revised traffic calming plateaux, to the requirements of the NLC Transportation Team Leader; 2) the handing of plots 4, 5 and 66; and 3) the relocation of the visitor parking bays between plots 65 and 66 and between plots 76 and 77 to opposite plots 67 and 68 and between plots 58 and 59.

Reason: In the interests of traffic safety.

16. That no dwelling hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

17. That before the last of the dwellings hereby permitted is occupied, all roads, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course level before occupation of the last dwellinghouse in the development.

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

138 18. That no integral garage shall be altered for use as a habitable room without the prior written consent of the Planning Authority.

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

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

Reason: To ensure the provision of adequate parking facilities.

20. That notwithstanding the terms of condition 3 above the boundary fence adjacent to the properties of 1 to 11 Wishaw High Road marked BLUE on the approved plans shall be a 2.5 metre high screen fence, details of which shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development on site.

Reason: In the interests of residential amenity.

21. That notwithstanding the terms of condition 5 above additional screen planting adjacent to the properties of 1 to 11 Wishaw High Road marked BROWN on the approved plans shall be submitted, and approved in writing by the Planning Authority prior to the commencement of development on site.

Reason: In the interests of residential amenity.

22. That the additional screen planting approved under the terms of condition 21 above shall be in place prior to the occupation of the new dwelling(s) adjacent to it, and any trees or shrubs which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of residential amenity.

NOTE TO COMMITTEE

If the Committee are minded to grant consent the decision notice will not be issued until a Section 69 Agreement is signed between the Council and developer with regard to the financial contribution of f500 per dwellinghouse for improvement to off-site play facilities in lieu of on site provision.

Background Papers:

Application form and plans received 8th May 2006 and amended plans received on 27'h July 2006, 23" October 2006, and 8'h December 2006.

Memos from Transportation Team Leader received 1gth June, 14th September, 26'h October, 1Oth November and 28th December 2006. Memos from Geotechnical Team Leader received 9th June 2006, 16'h June 2006, gthNovember 2006 and 22"d December 2006.

139 Memo from Head Of Protective Services received 9th June 2006. Memos from Community Services Department received 16'h June, 18'h August, 1st September, and 17'h October 2006 Memo from Education Department received 15'h June 2006 Letter from British Gas received 19th May 2006 Letter from Scottish Environment Protection Agency received 30th June 2006 Letter from Scottish Water received 24th May 2006

Letter from Mr William I Sommerville, 2 Station Road, Cleland, Motherwell, MLI 5NW received 17th May 2006. 2 Letters from James Smith, 7 Wishaw High Road, Cleland, Motherwell, MLI 5QS received 16th May 2006 and 1gth October 2006.

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) the Central Industrial Area Part Development Plan 1964.

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 3021 37.

Date: 9th January 2007

140 APPLICATION NO. S/06/00785/FUL

REPORT

Description of Site and Proposal

The applicant seeks full planning permission for the erection of 77 dwellings on land extending from the rear of 1-11 Wishaw High Road to Spindleside Cottage south of Main Street and Station Road, Cleland. The 77 dwellinghouses comprise 47 detached, 16 semi detached and 14 terraced dwellings ranging in size and style. The site takes access from a new roundabout at the junction of Main Street and Wishaw High Road and consists of a layout comprising one main residential street in the form of a rectangular loop with two additional small cul-de-sacs.

The application site covers approximately 3.4 hectares and is located on the southwestern fringe of Cleland Village. To the west there are six dwellinghouses fronting onto Wishaw High Road. To the north is a public car park, a mix of dwellinghouses, a landscaped verge and the Cleland Social Club and Station Road, from which it is proposed to take a pedestrian access. To the east lie the residential properties of Carey Gardens and Spindleside Cottage. Open space, both a managed grassed area and a field, lies to the south. The boundaries of the site are well defined with a mix of screen fencing and planting adjacent to residences and a high hedge along the boundary with the open space to the south.

A former railway line dissects the site in an east-west direction and provides part of an established path, which runs through the site. This path forms a dividing line between the levels on the site. This is not defined as a Right of Way in the CROW (Scotways Catalogue of Right of Ways) database although would appear to meet the criteria of a right of way. The northern half of the site is relatively flat although gently sloping down from Main Street. To the south the site slopes down towards the houses fronting onto Wishaw High Road. At the eastern section of the site the land generally slopes down from north to south.

The site is predominantly rough grassland with some naturalised scrub thickets containing mature trees and shrubs. The area of the site to the south of the Station Road contains more mature trees and there is a belt of ornamental planting around the Council car park to the north of the site. A mature hawthorn hedge marks the southern boundary.

This application follows on from various previous consents on the site, including most recently applications S/04/01626/FUL (Phase 1), S/04/0207O/FUL (Phase 2) and S/04/01730/FUL (Phase 3) which combined to propose 62 dwellings for the site. Phasy: 1 and 2 were granted planning consent 8'h June 2005 and phase 3 was granted consent 12 July 2005. The current application reflects the proposals of the new owner of the site.

Development Plan

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

The site is zoned for Development other than Major Industrial Development in the Central Industrial Area Part Development Plan 1964.

The majority of thesite is covered by Policy HSG 2 (Private Housing Development), with the rest covered by HSG 8 (Established Housing Areas) and Policy ENV 6 (Green Belt) in the emerging Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005).Policies HSG 10 (Assessing Applications for Housing Development) and TR13 (Assessing the Transport Implications of Development) are also material considerations in the determination of this application.

141 3. Consultations and Representations

3.1 My Transportation Team Leader has no objections to the proposed development subject to some detailed amendments to the traffic calming plateaux, the relocation of two visitor parking bays and the handing of three plots, which can be secured by condition.

3.2 The Council’s Protective Services Section have no objections to the proposed development subject to the requirement for a site investigation report. Comments are given in relation to noise and dust from construction works

3.3 NLC Community Services Department have commented that the site layout is not acceptable in terms of its provision for open space and amenities. They indicate that the proposal should be revised to retain existing trees worthy of retention (including an Ash and three Larch trees) and hedges within the site and suggest additional tree planting within the development. It is noted that the tree/hedgerow along the southern boundary of the site should be retained to provide an appropriate countryside edge and a bat survey and a SUDS drainage scheme are also recommended. There is an area of Japanese Knotweed within the site, which requires to be adequately treated. In relation to footpath links it is recommended that links are retained including to the countryside to the south of the site. They note the requirement for play provision for a development of 30 or more dwellings and that the previous developer for the site was to contribute to off site play provision with a financial contribution equating to f500 per dwellinghouse. Given the increase from 62 to 77 dwellings the contribution will now increase to f38,500 for 77 dwellings. The current applicant is aware of the requirement to enter into a Section 69 Agreement for the contribution of this sum. 3.4 My Geotechnical Team Leader has assessed the submitted Sustainable Urban Drainage System (SUDS) layout and has no objections to the proposed drainage layout. He has commented that the application site was the subject of a previous Road Construction Consent Application. Information submitted then concluded the presence of both shallow mine workings and, at least one mine entry. In order to remove the threat of instability beneath the site it was proposed to inject grout into the mine workings and mine entry. Geotechnical have no objections to the proposal provided the developer determines the suitability of the land for its proposed end use.

3.5 NLC Education Department have requested a developer contribution towards new facilities at St Mary’s Primary School.

3.6 SNH have accepted the findings of the Bat and Badger survey that indicates that no bats or their roosts or badgers or their setts will be affected by the proposal. SNH also accept the recommendation to ensure that the Ash trees within the site are protected during construction.

3.7 Scottish Water has no objection to the proposed development subject to agreement with Scottish Water Planning & Development Services to connect to the public wastewater system and water network. There is currently sufficient capacity to serve the site but this cannot be guaranteed. Scottish Water note that a separate drainage system will be required with the surface water discharging to a suitable SUDS drainage system.

3.8 SEPA have commented that all foul drainage from the site should be connected to the public sewer. However SEPA would seek assurance from Scottish Water that additional flow arising from the proposed development would not cause or contribute to the premature operation of the storm overflows. SEPA also comment that if Scottish Water require surface water from the site to be excluded from the public sewerage system then SEPA would expect all surface water runoff to be collected, treated and disposed of in accordance with SUDS.

142 3.9 Scottish Power did not respond to their consultation, however their response to the previous applications stated that they have no objection in principle to the development. Scottish Power however requested that the applicant be advised that they have apparatus within or adjacent to the site which may require alteration or protection at the developers cost.

3.10 Transco have no objections to the proposed development.

3.11 Three letters of objection have been received from the occupier of 2 Station Road and 7 Wishaw High Road respectively, raising the following issues; .. . The occupier of 2 Station Road raises concerns as follows:

1. The main concern is that several houses adjoin the objector’s property constituting a big change to the original proposal. 2. The access to their back garden may be affected. 3. The view from the objector’s property will be taken away. 4. The objector’s south facing garden will be overshadowed. 5. Loss of privacy. 6. Increased noise. 7. Resultant reduction in the value of the objector’s property.

The occupier of 7 Wishaw High Road comments as follows:

1. Concern that the original approval was based on 18 dwelling houses, which became 47 and now 79. The objector is concerned that in respect of the roundabout, the congestion on Main Street, Omoa Road and Wishaw High Road will be such that it will rise above acceptable standards due to the increased housing density in the immediate area. Cleland is already over loaded with traffic from Wishaw, Motherwell and Newhouse since it acts as a convenient through route and suggests that a traffic survey be undertaken prior to any further development. 2. The proposed levels are unacceptable due to significant overlooking of the objectors property. 3. The number of contractors associated with the development namely Wilson Homes, Langvale and now Kenmore Homes is puzzling.

4. Planning Assessment and Conclusions

4.2 The development is not of strategic significance. The application site is zoned for development other than major industrial development in the Central Industrial Area Part Development Plan 1964. The emerging Southern Area Local Plan Finalised Draft (modified 2001, 2004 & 2005) however provides a more up-to-date policy position. The application site is partly zoned HSG 8 Established Housing Areas on which residential development is considered acceptable in principle. A small section of the site is zoned ENV 6 Green Belt on which there is a general presumption against development. Notwithstanding this Green Belt zoning it is important to note this land forms a finger of Green Belt between two residentially zoned sites within the settlement envelope and that the principle of residential development has been accepted by the previous planning approvals. The previous planning consent issued for this site (Application S/04/0173O/FUL -Phase 3) was referred to the Scottish Ministers as a departure from the Development Plan and was subsequently approved.

4.3 Policy HSG 10 Assessing Applications for Housing Development sets out the following criteria

143 against which new housing proposals will be assessed including: impact of the development on the existing built and natural environment; measures taken to ameliorate the risk of flooding; density, layout and mix of housing: detailed design elements; provisions made for landscaping, screening, open space and play areas; and provision made for roads, access, parking and garage space.

4.4 The general impact on the built and natural environment from residential development has already been accepted through previous consents. As previously accepted an assessment of existing trees can be required by condition, with the retention of trees where possible and replacement where not. A protected species survey of the site has been submitted by the applicant and found to be satisfactory by SNH.

4.5 Criterion 5 of policy HSGIO relates to density, layout and mix of housing. The individual plots satisfactorily meet current open space standards as detailed in the Council’s “Developers Guide to Open Space”. The density throughout the site is therefore considered acceptable, as is the general layout arrangement. The design and layout of the development is considered acceptable. The design elements such as building height, materials and positioning are considered to be reasonable for a mixed development of this nature and for this site. The positioning of the dwellinghouses in their plots is such that minimum rear garden lengths are achieved, as are minimum window to window distances. The impact of the properties on one another and existing dwellinghouses is considered acceptable from the perspective of privacy and any potential overbearing effects in terms of the proposed site levels. General materials for the development are considered acceptable although further control of these external finishes can be secured through a condition requiring the submission of samples.

4.6 In terms of the provision of landscaping, screening, open space and play areas, it is noted that an established belt of vegetation is to be retained along the southern boundary of the site. This acts as a useful buffer between the site and the wider countryside, forms a defensible green belt boundary and reduces the impact of the development when viewed from the valley to the south. The existing vegetation within the site is noted and a condition is proposed to ensure an appropriate survey is carried out. Where trees within the site cannot be retained a condition is included to provide replacement planting. With regard to open space and play provision adequate levels of open space and play provision are not included within the site however the development will benefit from direct links to open space and the wider countryside. The applicant is also in agreement to providing a financial contribution to improving off site play provision.

4.7 Assessment of the provisions made for roads, access, parking and garage space is also a requirement of policy TR13 (Assessing the Transport Implications of Development). In this instance the development is adequately served by an appropriate road layout and access arrangements. For access to the entire development, the applicant proposes to utilise the new roundabout at the north west corner of the site. As indicated at paragraph 3.1 above my Transportation Team Leader is satisfied that current standards for parking, driveway position and traffic calming are, or can be achieved subject to conditions.

4.8 In relation to consultation responses the comments made by Scottish Water, SEPA, Scottish Power and Transco can all be adequately addressed by planning conditions or advisory notes. Following consultation with Pollution Control and my Geotechnical Team Leader issues on land contamination and site stability can also be covered by conditions or advisory notes. In response to the comments made by NLC Education in relation to a developer contribution, I consider that given the previous consents granted did not require a developer contribution that it is unreasonable to request a developer contribution in this instance.

4.9 A significant issue raised through consultation is the existing footpath network. There is currently an off road path network from Carey Gardens through to the north west corner of the site with pedestrian access also taken from Station Road and Ravenshill Drive (to Spindleside Cottage).

144 Whilst the walks through the site are fairly pleasant they are greatly marred by the predominant presence of rubbish and the obvious abuse of secluded spots for drinking. No paths are defined as a Right of Way in the CROW (Scotways Catalogue of Right of Ways) database although some may meet the criteria of a right of way. The current application would retain access from the south through the site largely via the road network, to shadow the existing desire lines. Additional pedestrian access via Station Road is also retained and a condition is proposed which ensures this is implemented to an appropriate standard, along with a footpath link from the southeast corner of the site to the open Green Belt to the south. Important nature conservation and footpath issues highlighted by NLC Community Services and SNH can be adequately dealt with by the proposed conditions. Furthermore the requirement of the protection and retention of specific trees within the site can also be addressed by conditions.

4.10 Finally, turning to the 3 letters of representation I would comment as follows:

1. The main change in the current application compared with previous proposals for this site with respect to the objector’s property at 2 Station Road is that the proposed area of open space approved under the previous application has been removed and replaced by a pair of semi-detached dwellings. The side gable wall of the nearest dwelling is still some 5 metres from the objector’s boundary and sits below the objector’s property because of a change in level. It is not therefore considered that this alteration is significant enough to warrant refusal of the application as the proposed dwellings will have no significant impact on the amenity of the objector’s property. 2. The proposed development will have no impact on physical access to the objector’s back garden at 2 Station Road. 3. The concerns regarding the restriction of outlook, privacy, possible overlooking and noise impact at 2 Station Road have been considered and it is not considered that the proposed development will have a significant impact on the objectors’ property sufficient to warrant refusal of this application. The proposed dwellings will have a minimal impact on the objectors’ property in terms of sunlight/daylight and a sunlight/daylight test has been carried out which confirms this. The issue of privacy is also considered acceptable as the only window facing the objector’s rear garden would be from a non habitable room. The “right to a view” is not a material planning consideration. Furthermore the concerns of 7 Wishaw High Road regarding overlooking and the topography of the site is noted however the applicant has amended the plans which now propose one and a half storey dwellings with rear velux windows adjacent to the objectors site. This design alteration coupled by a suitable screen fence and landscaping is considered to adequately address any concerns regarding overlooking from the proposed dwellings. The proposals also exceed the minimum 18 metre minimum window to window distance required for new developments. 4. There will be no significant increase in noise with respect to the proposed development and the developer will be advised that work associated with this development shall conform to BS-5228 Noise From Construction and Open Sites. 5. The concern regarding the impact on the value of the objector’s property is noted, however it is not a material planning consideration. 6. The concerns regarding congestion and increased traffic flow are noted, however the Transportation Team Leader has no objection to the proposal and it is not considered that the proposed development will have any significant detrimental impact on traffic flow and congestion in the area. The proposed development does not meet the criteria to warrant a transportation assessment. 7. The number of developers and previous applications on the site is noted however it is not unusual for more than one application or applications from different applicants to be submitted for a single site. Furthermore alterations to development proposals are common and it is not a material planning consideration in the assessment of this application.

4.1 1 In conclusion the proposed development accords with policies HSG2, HSG8, HSGIO and ENV6 of the Southern Area Local Plan (Modified 2001, 2004 & 2005) and is recommended for approval, subject to conditions.

145 Application No: SlO6101832lOUT

Date Registered: 14th November 2006

Applicant : Mr & Mrs John Weir 1 Bridge End Dykehead Shotts

Agent Apex Drawing Services 4 Gala Crescent Wishaw ML2 7JS

Development: Erection of Dwellinghouse

Location: I Bridge End Dykehead Shotts North Lanarkshire

Ward: 18 Dykehead Councillor James Robertson

Grid Reference: 286352660574

File Reference: SIPLIBFII 71421LMIMM

Site History: None Relevant

Development Plan: The site is zoned as HSG 8 Established Housing Areas within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

Contrary to Development Plan: 'NO

Consultations: No External Consultations Required

Representations: One letter of Representation received

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reasons:-

1. That the development would be contrary to Policies HSG 8 and HSG 11 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that the proposed dwelling house would result in over-development of the site which would be detrimental to the character of the area and, if approved this application could set an undesirable precedent for other similar infill developments in this area.

2. That the proposed new dwelling would result on increased traffic on a substandard private access road, to the detriment of road safety, contrary to the principles of Policy TR 13 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

146 PLANNING APPLICATION No. S / 06 / 01832 / OUT ERECTION OF A DWELLINGHOUSE 1 BRIDGEND, SHOTS. * Representatiw,

147 Background Papers:

Application form and plans received 3rd November 2006

Memo from Head of Protective Services received 18th December 2006 Memo from Transportation received 22ndDecember 2006 Letter from Mr J & Mrs M McKeown, la Bridgend, Dykehead, Shotts, ML7 4EX received 8th November 2006.

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

Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 3021 34.

9th January 2007

148 APPLICATION NO. S/06/01832/0UT

REPORT

Description of Site and Proposal

Outline planning permission is sought for the erection of a dwelling house on land contained within the side garden of 1 Bridge End, Shotts. It is proposed to subdivide the existing garden ground of 1 Bridge End and demolish an existing double garage at the south east corner of the application site, and erect one additional dwellinghouse fronting onto Bridge End. This would be achieved through the creation of a plot measuring 11 metres in width by 37 metres in depth to the back into the site. No indicative layout plans have been submitted with this application.

The surrounding area is predominantly characterised by detached and semi-detached, single and one and a half storey properties set in large gardens. The application site is bounded by an existing factory building to the north; open space to the south and other residential properties to the east and west. This street is currently a private dirt track road and not maintained by North Lanarkshire Council.

Development Plan

The site is zoned as Policy HSG8 (Established Housing) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). This policy seeks to protect the established character and amenity of existing and new housing areas. Policies HSGll (Infill Housing Development) and TR13 (Assessing the Transportation Implications of Development) are also applicable.

Consultations and Representations

My Transportation Section recommend refusal of this application due increased traffic from an additional dwelling, to the detriment of road safety. This is in view of Bridge End being a substandard private road, in terms of geometry, lighting, footway provision and width with substandard visibility to the right where this road connects onto Shottskirk Road.

Protective Services raised no objections, however did comment that subject to the approval of this application, measures should be implemented to limit noise levels and dust emission. They also confirmed that a site investigation report would be required to ensure the site is free of any contaminants.

There has been one letter of objection received following the neighbour notification process. The points of objection can be summarised as follows:

(1) The impact on overshadowing of their property if an additional dwelling were to be erected, with additional concern due to a levels difference. (2) The additional dwellinghouse would result in an invasion of privacy. (3) The impact the additional dwelling would have on traffic, parking and access due to there being restricted space for an additional garage and this may result in cars blocking the objectors driveway.

149 4. Planninn Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues. This application must be assessed against the relevant development plan policies which are Southern Area Local Plan Policies HSG 8 (Established Housing Areas), HSG 11 (Infill Housing Development) and TR13 (Assessing the Transportation Implication of Development), together with the Council's Adopted Open Space Guidelines for minimum spacing requirements around dwellings.

4.2 The application site lies within an Established Housing Area in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Policy HSG 8 applies and states that the Council will seek to protect the established character and amenity of existing and new housing areas.

4.3 In considering applications for infill residential developments on suitable gap sites, Policy HSG 11 applies and states that consideration is to be given to the:

(1) Overall impact of the proposal on the character and amenity of the surrounding area, (2) Dimensions of the site relative to the proposed development and associated garden ground, (3) Effect of infill on the garden space, privacy, and sunlight received by surrounding properties, (4) Consideration given to scale, materials, roof heighvpitch and window patterns, and (5) Provision of vehicular access and parking arrangements.

4.4 In assessing the impact of the proposal on the character and amenity of the surrounding area, it is considered that due to the restricted nature of the site, the proposed development would have a detrimental impact on the character of the surrounding area and on the amenity experienced by the adjacent dwelling's. 'Although, the resultant garden ground of the existing dwelling would be acceptable, the proposed garden for the new dwelling would of necessity be relatively small, following accommodation of an additional dwelling and suitable access, parking and turning facilities for into the site. The garden and plot size would be out of character with the adjoining dwellings on Bridge End and also those on neighbouring Shottskirk Road which have been built on relatively large plots. Although no indicative plans have been submitted indicating dwelling size, it is considered that this proposed plot will not be able to accommodate the requirements of the Council's open space guidelines. This specifies a minimum front garden depth of 6 metres, a minimum rear garden depth of 10 metres and a minimum spacing between dwellings of 5 metres in width, on the basis of 2.5 metres on either side or alternative distances of 2 and 3 metres. This side spacing would be particularly difficult to achieve. It is worth pointing out that these are minimum standards. The restricted plot size would result in a property that would be out of character with the immediately surrounding area. It is considered that the proposal does not comply with Policy HSGll on the basis that the application represents the over development of a restricted site. The provision for vehicular access and parking arrangements are considered in the following paragraph.

4.5 In assessing the transportation implications of a development, Policy TR13 is a material consideration and states that the Council will take account of various criteria including the impact of the development on road traffic circulation/road safety and the provision made for access, parking and vehicle manoeuvring. No details have been submitted with this outline application of access and parking proposals for the new dwelling, nor revised proposals for the existing dwelling. However, my Transportation Section have advised that they would recommend refusal of this application due to the proposed additional dwelling resulting in increased pressure on this existing private, sub-standard access. It has also been confirmed that visibility at this location is poor and an additional access being created would be to the detriment of vehicular and pedestrian safety. It is therefore considered that the application is contrary to Policy TRI 3.

150 4.6 In relation to the points of objection, I would comment as follows:-

(1) The concerns raised in terms of the impact on overshadowing of the objector’s property if an additional dwelling were to be erected cannot be assessed due to this application being in outline only and no indicative plans have been submitted which can allow this assessment to be made. (2) The issue over the additional dwellinghouse resulting in an invasion of privacy onto the objector’s property also cannot be properly assessed due to the absence of detailed or indicative plans. (3) The impact the additional dwelling would have on the private access track and on road safety has been assessed in paragraph 4.5 and found to be detrimental. It is not possible to assess the impact on parking as no details have been provided.

4.7 In conclusion, the application is considered to be contrary to Policies HSG 8, HSG 11 and TR 13 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) and the restricted size of the site would result in over-development of this site and a development that would be out of character with the surrounding area. I therefore recommend that planning permission is refused.

151 Application No: S/061018341FUL

Date Registered: 4th December 2006

Applicant: Mr William Hardie 68 Kenilworth Avenue Wishaw ML2 7EN

Agent Mr John Paul Mann 32 St Rowans Drive Rutherglen G73 3SP

Development: Erection of a One and a Half Storey Dwellinghouse

Location: 68 Kenilworth Avenue Wishaw ML2 7EN

Ward: 7 Belhaven Councillor Samuel Love

Grid Reference: 279796655644

File Reference: SIPLIBFII OI21EMIMM

Site History: None

Development Plan: The site is zoned as CS 2 (Established Community Facilities) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) and Policies HSGI 1 and TR13 apply.

Contrary to Development Plan: No

Consultations: Scottish Water (No objection) British Gas (No objection) Scottish Power (No response)

Representations: One letter of representation

Newspaper Advertisement: I jthDecember 2006

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.

152 ,. I, I,' St Aidan's RC High School 1) .J

II1 1 I I * Representationfrom Department of Educatioi

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

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

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

Reason: To safeguard the residential amenity of the area.

5. That before the dwelling hereby permitted is occupied, all of the associated parking and turning areas shown on the approved plans and the plan to be approved under Condition 7 below, shall be levelled, properly drained and surfaced in a material which the Planning. Authority has approved in writing before the start of surfacing work and clearly marked out. These areas shall thereafter be maintained as parking and turning areas.

Reason: To ensure the provision of adequate parking and turning facilities

6. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the application site, other than that expressly authorised by this permission.

Reason: To enable the Planning Authority to retain effective control and in order to prevent over development of the site in the interests of amenity.

7. That before the development hereby permitted starts, a plan showing turning areas for both the existing and new dwelling shall be submitted to and approved in writing by the Planning Authority, and these areas shall be constructed to the satisfaction of the Planning Authority prior to the first occupation of the new dwelling.

Reason: To ensure the provision of adequate turning facilities.

8. That access to both the new and the existing dwellings shall be via a 3 metre wide dropped kerb footway arrangement, hard surfaced for the first 2 metres behind the heel of the footway.

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.

Background Papers:

Application form and plans received 6th November 2006 and amended plans received 15'h December 2006.

Memo from Transportation Team Leader received 28'h December 2006 Letter from Scottish Water received lgthDecember 2006 Letter from British Gas received lgthDecember 2006 Letter from NLC Education Department received 28'h December 2006 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 & 2005).

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

Date: 28th December 2006

154 APPLICATION NO. S/06/01834/FUL

REPORT

1. Description of Site and Proposal

1.I Detailed planning permission is sought for a one and a half storey detached dwellinghouse at 68 Kenilworth Avenue, Wishaw.

1.2 The site forms part of the garden ground lying to the north side of the existing dwelling, formerly associated with St Aidan’s High School. The proposed dwelling would effectively split the overall site in half and would utilise an existing access for the new dwelling and form a new access and parking area for the existing dwelling to its southern side.

1.3 The proposed dwelling would measure 8.8 metres in width, 14.5 metres in depth and would measure approximately 130 square metres in area, situated in a plot measuring 0.1 ha. The proposed dwelling would be 6.8 metres in height, and be finished in materials to complement the existing adjacent dwelling, as well as the surrounding area. The dwelling would also incorporate a small entrance porch, attached single garage and rear conservatory.

2. Development Plan

2.1 The site is zoned as CS2 (Established Community Facilities) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) and Policies HSGll (Infill Housing Development) and TR13 (Assessing the Transport Implications of Development) are also relevant to this application.

3. Consultations and Representations

3.1 My Transportation Team Leader has been consulted on this application and has no objection to the application, subject to conditions.

3.2 Scottish Water has been consulted and has offered no objection provided that the applicant contacts Scottish Water prior to the commencement of development.

3.3 Transco and Scottish Power has been consulted as part of this application and have offered no objections.

3.4 One letter of objection has been received following neighbour notification procedures and the press advertisement, from NLC Education Department. The points raised are that the access road forms the sole vehicular access to St Aidan’s High School and that it is already severely congested.

4. Planning Assessment and Conclusions

4.2 Policy CS2 (Established Community Facilities) in the Southern Area Local Plan seeks to protect established community facilities by resisting their loss where a shortfall in provision for that locality will result. The existing dwelling and the grounds associated with it previously served as

155 accommodation associated with St Aidan’s High School. The dwelling and its grounds now form a separate established residential dwelling with no association with the High School. Therefore notwithstanding the site’s zoning as an established community facility, it is considered that the proposed dwelling within the grounds of this site is acceptable in principle as it will cause no reduction in community facilities.

4.3 Policy HSG 11 states that the Council when considering planning applications for infill residential developments on suitable gap sites within the urban area, will take account of the following criteria: overall impact on character and amenity of the surrounding area and adjacent properties, open space provision, detailed design elements, and accesslparking facilities.

4.4 In assessing this particular proposal in terms of Policy HSG 11, it is considered that in land use terms the development of the site for an additional dwelling is acceptable and would not adversely affect the character and amenity of the area. It is considered that sufficient garden ground is provided as the new dwelling would have a useable rear garden area of approximately 120m2 (8m deep by 15 metres wide). This accords with the Developers Guide to Open Space requirements for plots of this size to have a minimum rear garden of 100mZ, although it falls short of the 10m minimum required garden depth. The rear garden area backs onto open space associated with St Aidan’s High School, and in this instance the rear garden depth shortfall is considered acceptable. The existing dwelling will retain a rear garden 14 metres deep by 14 metres wide, which complies with the Open Space guidelines. Following the receipt of amended plans, the design of the proposed house is considered acceptable and will complement the existing adjacent dwelling in terms of scale, style and finish. The proposed dwelling will have a minimal impact on the existing dwelling and there would be no loss of privacy to surrounding properties. The transportation issues are considered below.

4.5 In assessing the transport implications of development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. My Transportation Section has made no objection to the application and it is considered that there will not be a significant increase in traffic caused by an additional single dwelling, such as to have any significant impact on the environment, the adjacent dwelling or Schooi. The existing dwelling 68 Kenilworth Avenue already takes its driveway access from the access road to the school and it is not considered there will be any significant impact on traffic circulation or road safety. The development will provide adequate off street parking facilities and conditions are proposed to ensure that parking and turning facilities are provided and maintained for both new and existing dwellings. The proposal is therefore considered to be in accordance with Policy TRI 3.

4.6 Turning to the specific points of objection made by the NLC Education Department, it is accepted that the adjacent approach road forms the sole vehicular access to St Aidan’s High School (as well as to No. 68 Kenilworth Avenue), but this is not in itself a reason to refuse the application. The access road may be congested at particular times during school days, but again this is not considered to warrant refusal of the application as there would be no significant impact on road safety. A condition is recommended to ensure the creation of turning areas for the proposed and existing dwellings, so that cars do not need to reverse out onto the access road.

4.7 As detailed above the proposed new dwelling is considered to accord with the relevant development plan policies. The design of the dwelling is considered acceptable and the impact of the development on the neighbouring property acceptable. I recommended that planning permission be granted subject to conditions.

156 Application No: S/06/01852/FUL

Date Registered: 27th November 2006

Applicant : Steve Graeme The Commercial Hotel 420 Main Street Wishaw ML2 7NG

Agent Davidson Design Partnership The Studio, Dean House 191A Nicol Street Kirkcaldy Fife KYI 1PF

Development: Construction of Decking, Beer Garden and Childrens Play Area, Demolition of Existing Stores and New 14 Space Car Park to Rear of Hotel. Internal Alterations to Ground Floor Layout and Front Terrace with Retractable Awnings

Location: Commercial Hotel 422 Main Street Wishaw North Lanarkshire ML2 7PL

Ward: 7 Belhaven Councillor Samuel Love

Grid Reference: 279229655422

File Reference: SIPLIBII 0I20IEMIMM

Site History: SIO6/00263/ADV Installation of Three Fascia Signs and Illuminated Projecting Sign and Door Canopy Granted 7'h June 2006.

S/06/00819/FUL Change of Use of Part of Hotel to Restaurant (Ground Floor) and Nightclub in retrospect (1st Floor) and Installation of New Nightclub Frontage in retrospect Granted 7'h July 2006.

Development Plan: The site is zoned as Wishaw Town Centre in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) and Policies, RTL6, RTLI 1 and TRI 3 apply.

Contrary to Development Plan: No

Consultations: None

Representations: None

Newspaper Advertisement: 7'h December 2006

157 Nam Lanarkshire C~unoil PLANNINGAPPLICATION No S/06/01852/FUL Plannmgard Environment Headquarters Suite 501 Fleming House CONSTRUCTION OF DECKING, BEER GARDEN AND CHILDRENS ?Try# Road PLAY ARE4 DEMOLITION OF EXISTING STORES AND NEW CUMERNAULD G871 JW 14 SPACE CAR PARKTO REAR OF HOTEL INTERNAL ALTERATIONS TO GROUND FLOOR LAYOUT AND FRONT TERRACE WITH rkshire Teiephone01238616210 RETRACTABLEAWNINGS Council Fax 01236616232 w OS Lcence 1WO23209 2034 COMMERCIAL HOTEL. 422 MAIN STREET. WISHAW

158 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 no music shall be allowed in the beer gardenlexterior smoking area as shown on the approved plans.

Reason: To safeguard the amenity of the adjoining area.

3. That the permission for the change of use to beer garden hereby granted relates only to the areas of ground indicated as the beer garden on the approved plans and to no other area within the grounds of the site.

Reason: To define the use of the land.

4. That the permission hereby granted for the retractable awnings is for a temporary period only and shall expire 5 years from the date of this consent.

Reason: To enable the Planning Authority to retain effective control, in the interests of the visual amenity of the area.

5. That prior to the installation of the retractable awnings full details of the design of the retractable awnings shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of visual amenity and as these details have yet to be submitted.

6. That before the beer gardenkmoking area is utilised, all of the relevant parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surface work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

7. That the front terrace area used for outside tables and chairs shall be restricted to the area hatched ORANGE on the approved plans and at all times a 2.0 metre wide footway strip shall be kept clear.

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

Background Papers:

Application form and plans received 8th November 2006

Memo from Transportation Team Leader received 3rd January 2007 Memo from Head Of Protective Services received 6'h December 2006

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Planning Advice Note 56: Planning and Noise, April 1999

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 302137.

Date: 9th January 2007

159 APPLICATION NO. S1061018521FUL

REPORT

1. Description of Site and Proposal

1.I Detailed planning permission is sought for the formation of a raised deck area comprising a beer gardenlsmoking area and children’s play area and a new car park to the rear of the premises, and a front terrace with retractable awnings at the Commercial Hotel, 422 Main Street, Wishaw.

1.2 The proposed raised decking area measures 238 square metres in area and incorporates a beer gardenlsmoking area and children’s play area to the rear of the site. The floor height of the decked area at its highest point will be 1.8 metres and will incorporate a 1 metre high handrail. It is proposed to demolish the existing derelict outbuildings to the rear of the premises and replace them with a new car parking area comprising 14 spaces. The application also proposes various internal alterations to the ground floor of the premises and a front terrace measuring 30 square metres in area covered by 2 retractable awnings which project 2.5 metres from the building and measure 6.5 metres in length.

1.3 The Commercial Hotel is located within a Secondary Commercial Area on the western edge of Wishaw town centre and sits on the corner of Main Street and Glen Road. The Tesco store bounds the application site to the east with commercial properties and flats to the north of the site with the Hotel’s informal car park and derelict storage buildings in between. To the west of the site is a vehicle parts shop and chip shop and across Main Street to the south there are a number of commercial properties with flats on the first floor. The commercial units on this section of Main Street are mixed and include an estate agents, a white goods repairlspare shop, convenience store, two restaurant/hot food takeaways, and a public house beyond the Tesco store.

2. Development Plan

2.1 The site is zoned as Policy RTL6 (Secondary, Village and Neighbourhood Commercial Area) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies RTLll (Bad Neighbour Developments) and TR 13 (Assessing the Transport Implications of Development) are also relevant to this application.

3. Consultations and Representations

3.1 My Transportation Team Leader would object to this application if the available parking and service area to serve the hotel is reduced.

3.2 My Protective Services Section have advised that the proposal may give rise to noise complaints from surrounding residents. However it has been recommended that that if consent is to be granted then:

a) no piped music is allowed in the smoking area b) the use of the smoking area be limited to 10pm; and c) that double doors be incorporated at the entrance to the area to minimise transmission of music outdoors. d) The use of the play area be restricted to 9pm. 3.3 No letters of objection have been received following the press advertisement and neighbour notification procedures.

160 4. Planning Assessment and Conclusions

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

4.2 The application site lies within the commercial area of Main Street Wishaw. Policy RTL6 (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) applies and supports a range of uses for such areas, including retail, Class 2 Offices, Class 3 Food and Drink, and Class 11 Assembly and Leisure, subject to a number of criteria. Proposals should not adversely affect the character and amenity of the relevant commercial area, should complement its role and function, and should accord with the provisions of Policy RTLI 1 (Assessing Applications for Bad Neighbour Development). The main use of the site as a pub would not be altered, the proposed additional external areas will have no negative impact on the existing commercial area and the issue of the impact on residential properties will be considered in paragraph 4.3 below. It is considered that the application complies with Policy RTL6.

4.3 Policy RTLII recognises that town centres and other commercial areas are the preferred location for many uses, including public houses, which are classed as bad neighbour development. The relevant criteria of this policy which need assessment for the current application are the impact on the character and amenity of adjoining properties and the surrounding environment, design and any impact on servicing and parking. The application site is located within a mixed use commercial area and it is considered that given the existence of the public house/club at the site, and the fact that no windows or residential dwellings overlook the area, that any additional impact upon amenity from the proposed development would be marginal. Furthermore the proposed beer gardenlsmoking area will be effectively screened from adjoining properties through its location at the rear of the building. It is further considered that the design of the proposal would not adversely affect the visual amenity of the neighbouring properties and it compliments the style of the existing building. The proposed parking area will be a marked improvement on the existing informal parking available to the rear of the premises.

4.4 In assessing the transport implications of development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including, the level of traffic generated and its impact on the environment and adjoining land uses, impact of the development on road traffic circulation and road safety, and provisions made for access, parking and vehicle manoeuvring. My Transportation Team Leader is concerned that there should not be a reduction in the available parking and service area to serve the hotel. At present, the existing outbuildings to the rear of the premises mean that there is only room for 7 independently accessed car parking spaces. The current application would create a 14 space car park, following demolition of the outbuildings, and therefore given the proposed increase in the quantity and quality of available parking, I do not consider there can be any overriding objection to this application on parking or road safety grounds. The proposed parking area would be serviced by the existing access, which would be widened and continue to provide service vehicle access to the rear cellar door. The application will have a minimal impact on the adjoining land uses given their commercial nature and it is not considered that the increase in overall floorspace by the new decking and outdoor areas will result in a significant impact on the level of traffic.

4.5 In relation to the comments made by my Protective Services Section, I can advise that the surrounding properties are mainly commercial, the requirement therefore for double doors on entrance to the beer gardedsmoking area I consider is not warranted. The proposed beer garden is located in a fairly enclosed area and it is considered it will cause little disturbance to the surrounding area. In respect of the requirements for music not to be piped into the smoking area, I can confirm that this can be controlled by the use of planning conditions. However, I would advise against a planning condition restricting the use of the smoking/beer garden area to 10pm or the play area to 9pm as it is considered that it would not be reasonable and would be

161 difficult to enforce. However it should be noted that any time restrictions to be applied would be assessed by the Council’s Licensing Section. Relevant government advice concerning this application is contained in Planning Advice Note PAN 56 Planning and Noise. Paragraph 66 of PAN 56 states that a wide range of statutory powers to control noise exist outside the planning system and the granting of planning permission does not remove the need to comply with these. It recommends that applicants be advised that the grant of planning permission will not necessarily protect them from legal action on noise, and I would recommend that a note be included on any consent granted, to this effect.

4.6 In conclusion, the proposed external beer gardenkmoking area, new parking area and front terrace at this long established pub are considered to be in accordance with Local Plan Policies RTL6, RTLll and TR13. The design of the proposals is acceptable and the impact of the development on the surrounding neighbouring properties is considered to be of little significance given the commercial nature of the properties and the current use of the site as a pubhightclub. Notwithstanding the concerns of my Transportation Team Leader, it is recommended that taking into account the development plan and all material considerations, that planning permission be granted subject to conditions.

162 Application No: S/06/01876/AMD

Date Registered: 10th November 2006

Applicant : Porter Properties Ltd Unit 4 Flowerhill Industrial Estate 60 Flowerhill Street Airdrie ML6 6BH

Agent Aitchison Architects 5 Bourne Street Hamilton ML3 7BW

Development: Amendment to Planning Application S/Ol/Ol360/REM Comprising Amendment to Block D

Location: Block D 29 - 45 Bruce Avenue Motherwell MLI 3LB

Ward: 1 Ladywell Councillor Michael Ross

Grid Reference: 274555657238

File Reference: S/PL/BF/l3/24/G L/M M

Site History: S/00/00843/0UT Residential Development (in outline) - Granted 16'h January 2001

S/Ol/Ol360/REM Erection of 27 Flatted Dwellings - Granted 1lth September 2002

The site previously contained Ladywell Primary School.

Development Plan: The site is zoned as a Primary School in the Burgh of Motherwell & Wishaw Development Plan 1953 and as Housing Site HSG2.613 in the Southern Area Local Plan (Finalised Draft) (Modified 2001, 2004 and 2005).

Contrary to Development Plan: No'

Consultations: None

Representations: 1 Letter of Representation (with 6 co-signatories)

Newspaper Advertisement: Not Required

163

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 starts, details of the design of the previously agreed junction improvements at the Bruce AvenueEcotia Street junction, namely sightlines of 9 metres by 90 metres at the junction of Bruce Avenue and Scotia Street, increasing the radius of the kerb at 57-59 Scotia Street to 6 metres and constructing the required footway at that corner, shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to assess these details in the interests of Road Safety and residential amenity.

3. That prior to the occupation of any of the flatted dwellings hereby approved, the junction improvement as approved under condition 2 above shall be carried out to the satisfaction of the Roads Authority.

Reason: To ensure that the site can be adequately accessed and egressed in the interests of Road Safety and residential amenity.

4. That before the development hereby permitted starts, a scheme of both hard and soft landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and 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 enable the Planning Authority to assess these matters in the interests of residential amenity.

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

Reason: To ensure that all landscaping as approved under conditions 4 and 5 shall be in place timeously in the interests of residential amenity.

6. That before the development hereby permitted starts, a management and maintenance scheme for the landscaping as approved in conditions 4 and 5 above shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to assess this aspect in the interests of residential amenity.

165 7. That prior to the occupation of the last six flatted dwellinghouses within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 above shall be in operation.

Reason: To ensure that an adequate management and maintenance scheme is in place, in the interests of residential amenity.

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

Reason: To enable the Planning Authority to assess these matters in the interests of residential amenity.

9. That before any of the flatted dwellings hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 8 above, shall be erected.

Reason: To ensure that the proposed fencing/walling approved under condition 8 above is erected prior to the occupation of the flatted dwellings hereby approved, in the interests of residential amenity.

10. That the screenfence as specified in condition 4 of the outline consent (S/00/00843/OUT approved 16.01.01) along the southern boundary of the site, shall be erected prior to the occupation of the flatted dwellings hereby approved.

Reason: To ensure that the prescribed fencing is erected prior to the occupation of the flatted dwellings hereby approved, in the interests of residential amenity.

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

Reason: To ensure that the proposed finishing materials are satisfactory in the interests of residential amenity.

Background Papers:

Application form and plans received 10th November 2006

Letter from Eleanor Cunningham (and co-signatories), 41 Scotia Street, Motherwell, MLI 3JZ received 29th November 2006.

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

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01698 302128.

Date: 29 December 2006

... L.

166 APPLICATION NO. S1061018761AMD

REPORT

I. Description of Site and Proposal

1.I This application is for an amendment to planning permission S/Ol/Ol360/REM, which consisted of the erection of four 3-storey blocks of flats on the site of the former Ladywell Primary School, off Bruce Avenue, Motherwell. Three of the blocks have now been completed and this application is an amendment to the fourth block, yet to be constructed.

1.2 The site lies to the north of the new Ladywell Primary School and is bounded on its other sides by housing. In particular the fourth block, subject of this amendment application, lies to the rear of properties on Scotia Street and to the south of the end property in Bruce Avenue. Access to the development is taken along Bruce Avenue.

1.3 In terms of the details of this amendment application, there is no major change to the footprint of the block, although at one section, it is located 3 metres closer to the rear garden boundaries of the properties on Scotia Street. In the main, the proposal involves an amendment to the design and elevational details of the flats.

2. Development Plan

2.1 The site forms an identified housing site in HSG2.613 in the Southern Area Local Plan finalised Draft (Modified 2001, 2004 and 2005), and Policy HSG2 supports private housing development on such land. Policy HSGIO (Assessing Applications for Housing Development) is also relevant for the assessment of housing proposals.

2.2 The site is zoned as a Primary School in the Burgh of Motherwell & Wishaw Development Plan 1953, reflecting its previous use.

3. Consultations and Representations

3.1 One letter of objection has been submitted from residents (6 co-signatories) on Scotia Street. The points of objection are summarised as follows:

a) The original plans did not clearly highlight how close Block D is to the properties on Scotia Street. b) The proposed flats will be detrimental to the residents on Scotia Street, due to overshadowing, loss of sunlight and privacy and a blocking of views. c) The flats will have an adverse impact on the structure of existing dwellinghouses, particularly taking into account dampness, which will be intensified due to reduced sunlight in winter months. Gardens will also suffer. d) The flats will result in increased heating and lighting bills due to overshadowing and will result in a decrease in property values.

4. Planninn Assessment and Conclusions

4.1 Planning applications require to be assessed against the Development Plan and any other material considerations. In this instance the application does not give rise to any strategic issues and consideration should be given to the relevant Local Plan.

I67 4.2 The site is zoned as a Primary School in the Adopted Burgh of Motherwell & Wishaw Development Plan 1953, reflecting it's previous use, however, this plan is significantly out of date. The principle of residential development on the site is supported by both its allocation in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) as a housing site and by the existing detailed consent, which also specifically includes a block of flats on a similar footprint to the current proposal. This application is simply an amendment to the previously approved building. It is necessary, therefore, to assess the development in terms of the relevant points set out in Southern Area Local Plan Policy HSGI 0 (Assessing Applications for Housing Development) and any other material considerations.

4.3 Policy HSGlO sets out criteria against which housing developments should be assessed. As permission already exists for the wider development of the site (3 blocks have already been constructed) not all points are relevant. The relevant points in relation to the amended proposals are:

0 impact of the proposal on the existing built environment; and, detailed design elements such as building height, materials and positioning.

4.4 Block D as proposed by the current application is different from the previously approved block, firstly by virtue of a slightly different building design. The proposed number of units remains the same, the height remains 3 stories (although 300mm in height lower), with the walls a mixture of render and stonework. Some of the windows, roof and wall detailing is changed and two turrets in the previous scheme are removed. Secondly, there is a small change in the footprint from an irregular t-shape design to a more symmetrical t-shape. The change in shape of the building takes it closer to the rear property boundaries of dwellinghouses on Scotia Street by approximately 3 metres. In terms of visual impact and overbearing effects, the difference this will have in comparison to the previously approved block of flats will be marginal and the slightly closer distance is offset by the height being 300mm lower. There remains a distance of 25 metres between the block and the nearest property on Scotia Street, while the block is now located further from the nearest dwellinghouse on Bruce Avenue. Given the marginal differences in building position compared to the approved block (which could be built as a matter of course), I do not consider there to be any over riding issues that would render the current application unacceptable. There is no significant difference from a privacy point of view and current minimum window to window distances are still exceeded. The difference of the new design to that already approved in respect to loss of light will also be marginal. The building design is equally acceptable and materials could be controlled via a planning condition as per the existing consent.

4.5 Turning to the detailed points of objection I would comment as follows:

a) The siting of Block D as shown on the approved plans is clear. It is acknowledged that the revised proposals for this block takes one section of the building closer to the properties on Scotia Street than previously approved. However, at it's closest point (the corner of the building) this is only closer by 3 metres. There remains a distance of 25 metres between the block and the closest properties of Scotia Street. As it is the corner of the building that is closest to the properties on Scotia Street, the building thereafter retreats into the site reducing the overall impact. The building also has a hipped roof at this location which will reduce the overall massing when viewed from the existing properties.

b) In relation to loss of light, as highlighted, the proposed amendment takes the building 3 metres closer (at the closest point) to existing properties on Scotia Street. However, given the distance between the block and the existing properties, the reduction in height of 300mm and taking into account the overall marginal difference compared to the approved plans, I do not consider this a substantial enough reason to recommend that the flats be refused. Neither do I consider there will be any significant impact on privacy or outlook compared with the approved plans.

168 c) In relation to any adverse impact on the structure or gardens of existing dwellinghouses, I do not consider this to constitute a valid reason for refusal. I would reiterate that the proposals are only marginally different to those which currently have consent. It is the developers responsibility to ensure the ground conditions are suitable in terms of stability and there is no evidence to demonstrate that the flats would result in unacceptable levels of dampness for existing properties.

d) In relation to property prices and envisaged increases in the heating and lighting bills of surrounding properties, these are not valid planning considerations. When assessed against current standards in relation to the proposals impact on the surrounding built environment (privacy, loss of sunlight, visual impact etc) the proposals are found to be acceptable.

4.6 In conclusion, taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions similar to those of the previous planning permission.

169 Application No: S1061018841FUL

Date Registered: 27th November 2006

Applicant: Kerrs Bakery 33 Main Street Holytown Motherwell MLI 4TH

Agent Dalziel Design 136 Coursington Road Motherwell MLI 1PW

Development: Extension to Bakery

Location: Land to Rear of 33 Main Street Holytown Motherwell Ward: 27 Holytown Councillor James Coyle

Grid Reference: 276223660480

File Reference: SIPL/B/5117/LC/MM

Site History: No relevant history of the bakery site, however SO5101 58510UT - Use of Land for Residential Purposes was granted on 6th December 2005 for land immediately to the south of the application site.

Development Plan: The site is zoned as mixed-use policy DCI in the Adopted Northern Area Local Plan 1986. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas).

Contrary to Development Plan: No

Consultations: No external consultations required

Representations: 1 letter of representation received

Newspaper Advertisement: Advertised on 6th December 2006

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.

170 171 Reason: To enable the Planning Authority to consider these aspects in detail.

3. That no approval is given for a dormer window on the south side of the approved extension, as shown on the original application drawing numbers PLO4 and PL05, and that before development commences full amended drawings as illustrated on Option 1 sketch drawing number 06/19 dated 22/12/06 shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of amenity for the adjacent site to the south which has outline residential consent (reference S/05/01585/OUT).

Background Papers:

Application form and plans received 16th November 2006

Memo from Transportation Manager received 5'h December 2006 Letter from Stanley Cook, 12 Beveridge Terrace, Mossend, Bellshill, ML4 2RJ received 5th December 2006.

Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) Adopted Northern Area Local Plan 1986

Any person wishing to inspect these documents should contact Mrs Lesley Carus at 01698 302142.

Date: 28 December 2006

I72 APPLICATION NO. S/06/01884/FUL

REPORT

1. Description of Site and ProDosal

1.I The application site is an existing bakery, situated behind the Holytown Inn, on Main Street, Holytown. The site is currently occupied by the bakery, which accommodates approximately 420 square metres of floorspace, with surrounding car parking and servicing. The site is served by vehicular access taken from Main Street to the east side of the Holytown Inn. The applicant has a shared right of access over this land with the adjacent public houses.

1.2 The site lies in an area where there is a range of uses. To the west of the site is garden ground of flats fronting Main Street, to the north of the site is the Keir Hardie Sports Centre, to the east lies another public house, and to the south lie commercial premises.

1.3 Detailed planning permission is sought for an extension to the eastern elevation of the existing single storey bakery. This extension is proposed to provide additional staff accommodation over two floors, including two offices, a kitchen, lobby, toilets and locker area and will replace the existing smaller flat-roofed reception area on the building's eastern frontage. The extension is proposed to be 12 metres wide, and project approximately 9 metres from the existing building. The height is proposed to be approximately 7.5 metres and will not exceed the original ridgeline of the existing building. Original plans proposed one gable, one dormer and two velux windows on its upper floor, but the applicant has agreed to remove the south side dormer by submitting amended plans. The extension is proposed to be finished in materials to match the existing building.

1.4 Planning application S/05/01585/OUT for residential development to replace the two adjoining public houses was granted in December 2005. This application site boundary wraps around the bakery premises to the south and east. Since the residential application was applied for in outline only, no detailed drawings were submitted in relation to the design or access arrangements, and no reserved matters application has as yet been applied for.

2. Development Plan

2.1 The application raises no strategic issues and can therefore be assessed in terms of the Local Plan.

2.2 The site is zoned as mixed-use policy DCI in the Adopted Northern Area Local Plan 1986. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas). Policies RTL 11 (Assessing Applications for Bad Neighbour Development), HSG 8 (Established Housing Areas), IND 9 (Assessing Applications'far Industrial and Business Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant.

3. Consultations and Representations

3.1 NLC Transportation Section have no objections subject to conditions that the existing 4.6 metre wide vehicular access (at the junction with Main Street) should be widened to 6 metres, that the existing 1.4 metre wide pedestrian walkway within the access should remain, and that the first 15 metre (minimum) length of the access should be surfaced across its full width.

I73 3.2 One letter of representation was received on behalf of the developers of the adjoining land. The points of objection are as follows:

(1) Access - the present access to the site is substandard and the proposed development will exacerbate this problem to the detriment of road safety. (2) Servicing - the existing servicing facilities are substandard and the proposed development will worsen the situation. The site is serviced by a number of vans and large delivery vehicles and the increased use will worsen an already dangerous situation. (3) Car parking - the existing parking arrangements are mixed with the servicing arrangements and therefore there is no scope for additional parking requirements to serve the development. (4) Industrial use - the further increase in this semi-industrial use will have a detrimental effect on the amenity of any future proposed housing development for the adjacent site, for which an outline planning permission exists. (5) Location - the existing location is unsuitable given the surrounding land uses (namely the sports centre, playing fields and proposed residential development) and there will be a conflict in terms of pedestrian and traffic safety and general amenity if the proposed development is granted.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made- in accordance with the development plan unless material considerations indicate otherwise. This application does not raise issues of a strategic nature and therefore assessment can be based on the provisions of the Local Plans for the area.

4.2 The adopted Northern Area Local Plan zones the site as a mixed use policy. This policy states that within these areas, a mixture of commercial and residential uses is acceptable, subject to there being no overriding highway safety or environmental reasons. In addition, the policy states that the historical development of the villages has resulted in the formation of a pattern of mixed land uses primarily along the main roads. Hence applications for new commercial developments and changes of use are less likely to be refused than in established residential areas. With regards to this development, the extension accords with this policy as it is a small extension to existing premises, provided there are no overriding highway safety or environmental issues that would justify refusal of this application. Transportation issues are assessed in paragraph 4.6 below.

4.3 Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) states that within such areas, the Council will seek to: encourage Class 1 Retail floorspace of an appropriate scale; support other types of commercial activity where such development does not adversely affect the character and amenity of the relevant commercial areas, and accords with the provisions of RTL 11 (Bad Neighbour Developments); and support the retention and provision of other uses which complement the role and function of secondary, village and neighbourhood commercial areas. In assessing this proposal against RTL 6, it is considered that the extension is of an appropriate scale, and will support the retention of the existing bakery without causing detrimental effects to neighbouring land uses. .

4.4 Policy RTL 11 (Bad Neighbour Developments) is also relevant in assessing this proposal as the business operates between 5am and 5pm and as such was advertised as a Bad Neighbour development. This policy sets out the criteria for assessing all bad neighbour developments and the main points include; the provision for vehicle access and parking; the resultant mix of retail and non-retail use; and the fundamental impact on the character and amenity of the surrounding area. It is considered in this instance that this area of Main Street contains a range

I74 and mix of uses, and since the proposed extension is to be used as additional staffing accommodation, there will be no intensification of use, and therefore should not give rise to any detrimental effects on the area in terms of disturbance. Policy HSG8 (Established Housing Areas) seeks to protect the character of both existing and new housing areas by opposing development which is incompatible or would adversely affect the amenity of established housing; I am satisfied that the requirements of this policy are also met, following the agreement of the applicant to remove a first floor proposed window close to the south side boundary and adjacent to an approved residential development site.

4.5 Policy IND 9 (Assessing Applications for Industrial and Business Development) states that in determining applications for industrial development as defined by classes 4, 5 and 6 of the Town and Country Planning (Use Classes)(Scotland) Order 1997, the Council will consider, amongst other things: whether the proposal is located within an Established Industrial and Business Area; the extent to which there are deficiencies in the land supply for industry and business; the extent to which vacant and derelict land is to be reused; whether significant economic benefit is offered to the Plan area; suitability to the character of the area within which it is set; access to public transport; detailed design elements such as building height, materials and positioning; provision for landscaping, screening, fencing and security and; provisions made for servicing, access, vehicle circulation, manoeuvring and parking. In assessing this proposal against the provisions of policy IND 9, it is considered that the proposed extension is suitable for the character of the surrounding mixed-use area. Points in relation to the approved residential development of the adjoining site are considered in paragraphs 4.4 and 4.7. The proposed extension complements the existing building in terms of design and materials, and there will be no impact on traffic circulation and manoeuvring. Therefore the proposal is in accordance with this policy.

4.6 Policy TR13 (Assessing the Transport Implications of Development) is also a consideration. This policy seeks to assess: the level of traffic generated and its impact on the environment and adjoining land uses; the scope to integrate development proposals with existing public transport facilities; the impact of the development on road traffic circulation and road safety; the provisions made for access, parking and vehicle manoeuvring and; the extent to which the development promotes ‘access for all’, particularly for those with impaired mobility. The Transportation Section has offered no objections to the proposal subject to conditions regarding the access to the site. However, since access already exists to the site, I consider that it would be unreasonable to impose a condition on the consent requiring improvements to this access since the industrial floorspace is not increasing and there will be no additional vehicles entering or leaving the site. Therefore it is considered that this proposal accords with policy TR 13.

4.7 In relation to the points raised in the letters of objection as detailed above in Section 3, the following comments can be made:

(1) (2) & (3) Since the application is proposed to provide limited additional staffing accommodation, it is not considered that there will be any significant change to the pattern of vehicle movements or detriment to road safety. (4) Planning application S/05/01585/OUT for the use of the adjacent land for residential purposes was granted taking cognisance of the fact that the bakery has been established for a number of years. The developers of the adjacent land will be responsible for creating suitable residential amenity through reserved matters applications and it is considered that suitable measures can be put in place to allow the bakery and residential properties to co-exist in harmony. (5) The policy framework supports the proposal, and it is considered that there will be no significant effects on amenity or pedestrian and traffic safety.

4.8 Therefore, taking into account the Development Plan and other material considerations, it is considered that the proposed extension complies with the relevant policies of the adopted

I75 Northern Area Local Plan and the Southern Area Local Plan Finalised Draft. It is therefore recommended that planning permission be granted subject to conditions.

I76 Application No: S106101900/FUL

Date Registered: 17th November 2006

Applicant : Mr T Sullivan 60 Monroe Drive Tannochside Uddingston

Development: Erection of Dwellinghouse

Location : 60 Monroe Drive Tannochside Uddingston

Ward: 21 Tannochside Councillor David Saunders

Grid Reference: 269864662270

File Reference: SIPLIBI91741SMIMM

Site History: 192189 Erection of a detached garage Granted 1!jth June 1989

Development Plan: The site is zoned as Policy HSG 8 (Established Housing Development Opportunities) within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policy HSG 1 l(lnfill Housing Development) also applies.

Contrary to Development Plan: No

Consultations: No external consultations required

Representations: 1 Letter of Representation

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions :-

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

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

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

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

3. That before the dwellinghouse hereby permitted is occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of the surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

I77 178 Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

4. That before the dwellinghouse hereby permitted is occupied a 3 metre wide vehicular footway crossing shall be provided from Lomond Road, where shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

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

5. That a visibility splay of 2.4 metres by 3.3 metres, measured from the heel of the footway, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 0.6 metres in height above the footway level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.6 metres in height above the footway level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of public safety.

6. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

Reason: To preserve the amenity of this residential area.

8. That notwithstanding the iequirements of condition (7) above, before the dwellinghouse hereby permitted is occupied a 1.8 metre high stained timber screen fence shall be erected along the northern and western boundaries of the site.

Reason: In order to protect the amenity of future residents and in the interests of the visual amenity of the area.

9. That no trees within the existing verges of Kilmuir Road or Lomond Road shall be lopped, felled or otherwise affected, without the prior approval in writing of the Planning Authority, and they shall be protected during the course of development. If any such approval is subsequently given, they shall be replaced with others of similar species and size, to the satisfaction of the Planning Authority, during the next available planting season.

Reason: In the interests of visual amenity and biodiversity.

10. That before the development hereby permitted is commenced the applicant shall have secured ownership of the entire site and access as delineated in RED on the approved plans.

Reason: In order that the development meets the Council’s Open Space Standards and so that the required vehicular access can be formed.

179 Background Papers:

Application form and plans received 17'h November 2006

Memo from Transportation Team Leader received 27'h November 2006 Memo from NLC Protective Services Section received 1lth December 2006 Letter from Mr John P Campbell, 62 Monroe Drive, Tannochside, Uddingston, G71 5RB received 1'' December 2006 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mr Stewart MacCallum at 01698 302085.

Date: 9th January 2007

180 APPLICATION NO. S/O6/01900/FUL

REPORT

I. Description of Site and Proposal

1.I This application seeks full planning permission to erect a single detached house within an area of garden ground at 60 Monroe Drive, Uddingston. The site lies at the junction of Kilmuir Road and Lomond Road and is located within an existing residential area and is bordered to the west, east and south by existing housing and to the north by open ground. The house plot would be located in an area to the west of 60 Monroe Drive, which is presently used as garden ground.

1.2 Access to the new dwelling would be taken from Lomond Road, alongside the rear side garden of 62 Monroe Drive. The proposed design of the new dwelling is of one and half storeys, and the house would be sited with its rear elevation parallel to Kilmuir Road and a gable end set back some 4 metres from Lomond Drive.

2. Development Plan

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

2.2 The site is identified for residential use in the Town Map Area of Uddingston-Tannochside. The site is covered by Policy HSG 8 (Established Housing Areas) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies HSG 11 (Infill Housing Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant to the consideration of this application.

3. Consultations and Representations

3.1 My Transportation Team Leader has no objections to this application subject to conditions, including the maintenance of a 4.5 metre by 90 metre sightline at the junction of Lomond Road with Kilmuir Road. NLC Protective Services Section have no objection to the proposal.

3.2 One Letter of objection was received as a result of the neighbour notification procedure. The points of objection are summarised as follows:

The proposal represents gross over development, it would be located close to adjacent properties and be out of character with the area. The proposed dwellinghouse would be located at a different orientation to other properties on Lomond Road. The site is 1 metre higher in ground level than the adjacent property and the proposal would cause a loss of privacy to the objector‘s property. The proposal would create unacceptable noise levels due to the parking. The proposal would potentially create a security risk to the objector’s property. The plans do not show 2 conservatories/ sunrooms on the existing plan of 60 Monroe Drive. The proposal would overshadow the objector’s property. A rooflight is indicated on the southern elevation of the building. The proposal would result in the loss of mature trees and shrubs within the Council owned road verges, which form part of the application site. The proposal would cause a loss of amenity to the area during the construction of the building.

181 4. Planninn Assessment and Conclusions

4.1 The application raises no strategic issues and therefore can be assessed in terms of the Local Plan Policies. The primary issues to be considered here are the compliance with the relevant development plan policies and the affect the proposal will have on the neighbouring properties and surrounding area.

4.2 Policy HSG 8 (Established Housing Areas), HSG 11 (Infill Housing Development) and TR 13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) are relevant to the consideration of this application. Policy HSG 8 seeks to protect the established character of existing and new housing areas by opposing development, which adversely affects the amenity of Established Housing Areas. Policy HSG 11 requires the assessment of the overall impact of a proposal on the character and amenity of the surrounding areas; the dimensions of a site relative to the proposed development and associated private garden ground; the effect of infill on garden space, privacy and sunlight received by surrounding properties; consideration given to scale, materials, roof heighvpitch, window patterns; and the provision of vehicular access and parking arrangements. Policy TR 13 requires assessment of the impact of traffic on the surrounding environment and on road safety, and of provision made for access, parking and vehicle manoeuvring.

4.3 The surrounding residential properties adjacent to the site contain a mix of plot sizes and styles and in view of this, the proposal is considered to respect the character of the surrounding area. Minimum garden sizes of the Council’s standards can just be achieved for the proposed and existing dwellings, with the proposed purchase of additional land from the Council. This additional land is also required to secure the proposed access and the requirement for its incorporation into the house plot for this application can be secured by a condition upon the permission. The design of the proposed new house is also considered to be in keeping with the character of the various surrounding properties. Proposed access and parking arrangements are considered to accord with Policies HSG 11 and TR 13 and the required sightlines at the junction of Lomond Road and Kilmuir Road would remain.

4.4 With regard to the concerns raised in the objection I would comment as follows:

The proposed new dwelling is not considered to be overdevelopment or to be out of character with the surrounding area, in view of the varied surrounding plot sizes referred to in paragraph 4.3. Separation distances of 8 metres from adjacent properties are acceptable given there is no window overlooking. It is not accepted that there would be any adverse impact from the proposed gable fronting Lomond Road, as the setback distance of 4 metres would be similar to those of properties on the opposite side of Lomond Road. The ground level difference is not considered sufficient to cause any significant problems of overshadowing or loss of privacy, due to the design of the proposed one and a half storey dwelling, with only a single rooflight first floor window facing 62 Monroe Drive. The proposal would be unlikely to create a significant amount of noise as a result of vehicular traffic as a greater noise would be created from traffic on Lomond Road. The proposal would be unlikely to increase the security risk to any of the neighbouring properties. The plans submitted provide details of the size of the dwellinghouse at 60 Monroe Drive and accurate dimensions for the plot. Overshadowing would be unlikely to be an issue as there is a reasonable distance between the proposed one and a half storey house and neighbouring properties, and the location of the proposal is to the north of the objectors’ property.

182 (8) A south facing rooflight is indicated however this is at the top of a staircase only, at a distance of 8.5 metres from the side of the objectors’ property. (9) There are three mature trees on the Kilmuir Road verge which the applicant is proposing to purchase from the Council which might subsequently be felled, but such felling would not appear to be required by the proposed development and a condition is recommended to secure their retention. (10) The construction period of the dwellinghouse would only be for a limited period of time and would cause no significant affect upon the amenity of the area.

4.5 In conclusion it is considered that this proposal is acceptable and would accord with Local Plan Policy. Therefore, taking all matters into consideration including the criteria stipulated in Local Plan Policies HSG 8 and HSG 11, I recommend that planning consent be granted.

183 Application No: SI06/01995IAMD

Date Registered: 4th December 2006

Applicant: T-Mobile (UK) Ltd C/o Agent

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 1DE

Development: Relocation of 15 Metre High Telecommunications Flagpole and Associated Ground Based Equipment Approved under S/06/00965/FUL, to Alternative Site within Football Ground

Location: Shotts Bon Accord Football & Social Club Baton Road Shotts ML7 4EY

Ward: 18 Dykehead Councillor James Robertson

Grid Reference: 286783660549

File Reference: SIPLIBII 7/41IFMIMM

Site History: SIOO100236IFUL - Erection of 24 Metre High Telecommunications Pylon Mast and Ancillary Equipment refused 21 st June 2000 on grounds of impact on visual and residential amenity.

S/06/00965/FUL - Installation of a 15 Metre High Telecommunications Flagpole, 6 No. Antennae & 3 No. Equipment Cabins on land to the north of the football ground granted !jthJuly 2006.

Development Plan: The site is covered by Policy L 1 (Established Leisure Facilities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policy CS 6 (Telecommunications Development) is also relevant.

Contrary to Development Plan: No,

Consultations: Shotts Community Council (No Response) NLC Education Department (Objection)

Representations: 15 letters of representation received

Newspaper Advertisement: Not Required

184 .-

185 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 in the event the equipment becomes redundant, it must be wholly removed and the site reinstated within one month of becoming redundant.

Reason: To ensure reinstatement of the site to a satisfactory standard, in the interests of visual amenity.

3. That the telecommunications flagpole and attached equipment hereby approved shall be finished in white, and the associated ground cabinet in a grey colour.

Reason: In order to minimise the visual impact of the development.

Background Papers:

Application form and plans received 4th December 2006

Memo from NLC Education received 13th December 2006

Letter from Councillor Jim Robertson, PO Box 14, Civic Centre, Motherwell, MLI ITW received 13'h December 2006. Letter from Ms Joanna E. B. Wilson, 20 Thomson Terrace , Shotts, received 20th November and 12'h December 2006. Letter from Mary & William Morrison, 21 Thomson Terrace, Shotts received 20th November and 12th December 2006. Letter from C Adams, 15 Thomson Terrace, Shotts received 20thNovember and 13th December 2006. Letter from James & June Paris, 16 Thomson Terrace, Shotts received 21'' November and 13'h December 2006. Letter from Mrs C S Baird, 25 Thomson Terrace , Shotts received 21" November and lgthDecember 2006. Letter from Mrs lrene Flockhart, 45 Baton Road, Shotts, ML7 4EY received 19th December 2006. Letter from Ann Mollon, 22 Thomson Terrace, Shotts, received 20thNovember 2006. Letter from Patricia Russell, 71 Burnside Crescent, Shotts received 19th December 2006. Letters from David & Angela MacBeth, Thomson Terrace, Shotts received 22nd November and 1lth December 2006.

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). PAN 62 - Radio Telecommunications, September 2001 NPPG 19 - Radio Telecommunications, July 2001

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698-302087.

9th January 2007

186 APPLICATION NO. S/06/01995/AMD

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought for the installation of a 15 metre high telecommunications flagpole incorporating 6 No. Antennae, and 3 associated equipment cabins, at Shotts Eon Accord Football Club, Baton Road, Dykehead, Shotts. The application site is located within the grounds of the football club, approximately 6.5 metres from the clubhouse. The football ground is enclosed by a 2 metre high brick wall and is located within an otherwise predominantly residential area. The nearest residential properties are located approximately 50 metres to the west of the application site. Furthermore, the nearest primary school is located approximately 500 metres to the southeast with the nearest childrens nursery being approximately 250 metres from the application site.

1.2 The applicant has provided the necessary ICNIRP Certificate confirming that the proposal complies with internationally recognised public health standards, as well as details of alternative site searches. Supplementary information submitted indicates that the proposed mast would be coloured white and associated equipment cabins would be grey.

1.3 The Committee should note that flanning permission was granted at the Planning and Environment Committee of the 5' July 2006 for the installation of a 15 metre high telecommunications flagpole on the land to the north of the football pitch adjoining the stand within the grounds. The purpose of the current amendment application is to seek consent to relocate the telecommunications flag pole previously approved to the current application site within the football club grounds. The applicant has confirmed that this is to facilitate a future redevelopment application for part of the football club grounds.

2. Development Plan

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

2.2 The site is covered by Policy L 1 (Established Leisure Facilities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).

2.3 Policy CS 6 (Telecommunications Development) is also a material consideration in the determination of this application.

3. Consultations and Representations

3.1 NLC Education has objected to the application in that the proposed installation would be in the vicinity of schools. They state that the perception of the school community, however uninformed, is that the installation may represent a danger and as such, this may affect parental decision when choosing a school for their child to attend.

3.2 Shotts Community Council have been consulted in relation to the application and have made no response.

3.3 The Local Member, Councillor Jim Robertson has objected to the proposal on the grounds of the visual blight created by the re-siting of the 15 metre high mast and the closer proximity to the nursery on Shottskirk Road.

187 3.4 Following the neighbour notification procedures a total of 15 letters of representation of been received. It should be noted that of the 15 letters, 5 of the objectors have written in twice to object to the proposals. The objections can be summarised as follows:

1. Impact on visual amenity due to the height of mast being 15 metres, taller than anything around it and unsightly. 2. Possible adverse effects on public health and close proximity to residential areas. 3. Safety issues in relation to the equipment cabinets associated with the development. 4. De-valuing of property values. 5. Parking problems caused by the telecommunications installation.

4. Planning Assessment and Conclusions

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

4.2 The proposal is in accordance with Policy L 1 (Established Leisure Facilities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that it does not adversely affect the existing leisure facility. The main local plan policy relevant in the determination of this application is Policy CS 6 (Telecommunications Development) in the Southern Area Local Plan Finalised Draft. Policy CS6 states that the Council will adopt a precautionary approach to new telecommunications developments and will seek to locate them primarily in industrial and commercial areas which are not densely populated or contain sensitive uses such as residential areas, schools, nurseries or hospitals. The policy also states that applicants should demonstrate how the proposal fits into the wider network and make an ICNIRP declaration, stating that that the proposal is within acceptable safety limits in terms of non-ionising radiation.

4.3 The application site is located within the football ground, however it is located within a predominantly residential area. The nearest residential properties are located approximately 50 metres to the west of the application site and the nearest school is approximately 500 metres to the southeast. A telecommunications mast application was originally refused at this site on the grounds of the detrimental impact on visual and residential amenity and the perceived health risks from the proposed equipment. However, that mast was a pylon type and 24 metres in total height including antennae. Since that refusal in 2000, the Government has made it clear that health issues should not be a determining factor for a telecommunications planning application, provided the necessary ICNIRP Certificate of Conformity to EU guidelines has been submitted. Furthermore planning permission was granted for a flagpole mast identical to the current agplication, at a site adjacent to the stand, at the Planning and Environment Committee of the 5 July 2006. This current application seeks to amend that consent by relocating the flagpole installation and associated equipment cabinets 65 metres south adjacent to the clubhouse. In respect of the current application the height and design of the structure is as per the previously approved consent and will also appear as a flagpole structure. Given the backdrop of the existing floodlights and the football clubhouse, it is considered that the proposed flagpole will not adversely affect the visual amenity of the surrounding area. Distances of 50 metres to the nearest housing and 500 metres to the nearest primary school will be the same as those for the recent approval, although the mast would be 250 metres as opposed to 300 metres from a nursery in Shottskirk Road. While the upper portion of the mast will be visible, the mast will be partially screened at ground level by the existing boundary wall and clubhouse. The applicant has submitted information regarding alternative sites considered in order to provide the required network coverage to this part of Shotts. I am satisfied in this instance that the best location and design solution to minimise visual impact has been proposed and that the proposal will have an acceptable and equivalent impact to that already approved under planning permission S/06/00965/FUL. It is therefore considered that the proposed mast complies with the Policy CS 6.

188 4.4 In accordance with NPPG 19 Telecommunications, the applicant has submitted supporting information relating to the current proposal. This information includes details of eight alternative sites within the applicant’s target search area. The sites were discounted due to visual impact, practical site installation and network coverage. There are no existing sites within the search area for possible site sharing. The applicant has sited the proposed mast as far away as possible from the neighbouring residential properties and opted for a design to minimise visual impact. The proposal is therefore complies with the guidance contained in NPPG 19.

4.5 In terms of the design and visual impact of the proposed monopole, it is considered that the installation will not adversely affect the character and amenity of the surrounding area. PAN 62 Telecommunications states that new ground based masts should be sufficiently screened. As stated at paragraph 4.3 above, a 2 metre high brick wall and the adjacent clubhouse will partially screen the mast at ground level. While the mast will be visible when viewed from Baton Road, it will appear as a flagpole and will be in keeping with the existing leisure use at the football club. It is therefore considered that there will not be a significant level of visual intrusion and as such, the proposal is in accordance with the advice given in PAN 62.

4.6 In terms of the objection received from NLC Education, the proposed installation is located 500 metres from the nearest primary school. Whilst appreciating that there may be public concern of the health risks associated with telecommunications apparatus, the applicant has satisfied the requirements by submitting the ICNIRP Declaration.

4.7 In terms of the points of objection raised by objectors, I would comment as follows:

In relation to the telecommunication installation being located nearer to the children’s nursery than the previous application it is considered that the distance of 250 metres as opposed to the 300 metre distance for the location previously approved, is insufficient grounds alone to warrant the refusal of this application, given that the ICNIRP Certificate of Conformity to EU guidelines has been submitted. As stated at paragraph 4.3, the proposed flagpole will be located within a predominantly residential area. However it is considered that the flagpole design and detailed siting proposal complies with the criteria contained within both Policy CS 6 of the Local Plan and government guidance and advice, and that the visual impact will be acceptable. The applicant has submitted the required ICNIRP Certificate, which states that the proposed telecommunications equipment complies with the recognised emission levels. In these circumstances, this should not be a material planning consideration in the determination of this application. In response to the concerns raised in relation to the concerns over the safety of the associated equipment cabinets, I can confirm that the cabinets meet are to meet the relevant guidelines associated with such installations and that under government guidance this should not be a material consideration. I can advise that the potential de-valuing of property values does not constitute a material consideration in the assessment of this application. In relation to the objector’s concerns in relation to parking, I can advise that the location for the proposed telecommunications installation is located to the northern side of the clubhouse and will not adversely affect the parking opportunities within the complex.

4.8 In conclusion, the proposed telecommunications equipment has satisfactorily addressed all relevant local and national planning policy issues. Given the proposed design of the telecommunications structure and the operator’s network requirements, it is considered that the proposal complies with the criteria contained within Policy CS 6. It is accepted that the upper portion of the mast will be visible above the existing boundary wall. However this is considered to be a minimal impact and this location is the most appropriate site within the search area. Furthermore the existing consent for an identical mast granted for a site slightly further north within the football club grounds is a strong material consideration. It is therefore recommended that planning permission be granted subject to the proposed conditions.

189