North Lanarkshire

Council

Planning Applications for consideration of Planning Sub-Committee

Committee Date: 31-01-2019

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING SUB- COMMITTEE

31st January 2019

No Application No Applicant Development/Site Recommendation

8-38 12/00602/FUL Greengairs Construction of Wind Farm Grant (P) East Wind Comprising of 8 No. 3 MW Wind Farm Turbines (125 metres to blade tip) including Permanent Meteorological Mast, Site Entrance, Access Tracks, Crane Hardstandings, Control Building, Underground Cables and Temporary Construction Compound Site To North Of Easterton Airdrie Road Caldercruix ML6 7RZ

39-48 18/00281/FUL Springfield Erection of 42 Dwellinghouses, Refuse (P) Properties Landscaping and Associated PLC Infrastructure Works Land To North Of Coyle Drive Gartcosh

49-63 18/00444/FUL The Scottish Construction of 291 Dwellings and Grant (P) Ministers Per Associated Works including Greater Roads, Landscaping and SUDS Glasgow and Installation of Temporary Sales Health Board Cabin & Miller Site Off Homes Ltd Gartferry Road Moodiesburn

64-72 18/00875/FUL Miller Homes Residential Development of 61 Refuse (P) Ltd/SP Dwellinghouses Transmission Former Sub Station PLC Holytown Road Holytown

73-87 18/01430/FUL NLC 61 Single and Two Storey Grant Enterprise And Dwellinghouses, Cottage Flats, Housing New Associated Landscaping and Supply Drainage Works. Site Off Dimsdale Road Wishaw

88-93 18/01683/FUL Alba K9 Change of Use to Dog Grooming Grant Salon Unit 8 Garrell Business Centre 8 Garrell Road Kilsyth G65 9JX

(P)

12/00602/FUL: If minded to grant, referral to Scottish Ministers is required due to objection from NATS on aviation grounds.

18/00281/FUL: – If minded to grant, permission not to be issued until legal agreement has been concluded allowing for financial contributions relating to roads infrastructure, off-site play, affordable housing and education.

18/00444/FUL: If minded to grant, permission not to be issued until legal agreement has been concluded allowing for financial contributions relating to off-site play, affordable housing and education.

18/00875/FUL: If minded to grant, permission not to be issued until legal agreement has been concluded allowing for financial contributions relating to education.

Application No: Proposed Development:

12/00602/FUL Construction of Wind Farm Comprising of 8 No. 3 MW Wind Turbines (125 metres to blade tip) including Permanent Meteorological Mast, Site Entrance, Access Tracks, Crane Hardstandings, Control Building, Underground Cables and Temporary Construction Compound

Site Address:

Site To North Of Easterton Airdrie Road Caldercruix ML6 7RZ

Date Registered:

29th May 2012

Applicant: Agent: Greengairs East Wind Farm Muirhall Energy Limited C/o Agent Muirhall Farm Carnwath ML11 8LL

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 007 Airdrie North 16 letters of representation received. Alan Beveridge, Sophia Coyle, Thomas Morgan, David Cullen,

Recommendation: Approve Subject to Conditions

The proposed development accords with the relevant policies within the Adopted North Lanarkshire Local Plan, Supplementary Planning Guidance 12 'Assessing Planning Applications for Wind Turbine Developments' and the Scottish Planning Policy (SPP) document. Additionally, the potential impact on the surrounding landscape and environment is considered acceptable when balanced against the benefits of this sustainable energy resource. As such, the proposed development can be accommodated at this location without significant detriment to the location.

Reproduced by permission of the Ordnance Survey on behalf Planning Application: 12/00602/FUL of HMSO. © Crown Copyright Site To North Of Easterton and database right 2009. All Airdrie Road rights reserved. Ordnance Caldercruix Survey Licence number 100023396. Development: Construction of Wind Farm Comprising of 8 No. 3 MW Wind Turbines (125 metres to blade tip) including Permanent Meteorological Mast, Site Entrance, Access Tracks, Crane Hardstandings, Control Building, Underground Cables and Temporary Construction Compound Proposed Conditions:-

1. That the development hereby shall subsist for a period of 25 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation shall be provided to the Planning Authority within 7 days of the electricity first being generated. Within six months of the end of the planning permission, unless a further planning application is submitted and approved, the wind turbines, ancillary equipment, access tracks and buildings shall be dismantled and removed from the site and the land restored in accordance with a detailed restoration and after-care scheme to be submitted for the approval of the planning authority no later than 2 years prior to the expiry of the 25 year period.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 and to allow the planning authority to review the circumstances of the temporary permission, in the interests of the amenity of the area in the longer term, beyond the 25 year period covered by the permission.

2. That the operators shall at all times accord with the areas forming the subject of this consent in accordance with the approved plans and other supporting information, including the Environmental Impact Assessment and Supplementary Environmental Information, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development (including changes to the make, model or colour) without the prior written consent of the Planning Authority.

Reason: To clarify the drawings and information on which this approval of planning permission is founded in order that the Planning Authority can retain effective control.

3. That PRIOR to the erection of any wind turbines, details of the precise positioning of each wind turbine shall be submitted to and approved in writing by the Planning Authority. The wind turbines shall be positioned, unless otherwise agreed in writing, no more than 50 metres in any direction from the location of each wind turbine as shown on the approved plans.

Reason: To allow flexibility in positioning turbines and to ensure that amenity and environmental assets are protected.

4. That the number of wind turbines approved shall not exceed 8, the blade tip shall not exceed 125m and the power output of the wind farm shall not exceed 24 MW

Reason: To define the permission

5. That no symbols, signs or logos or other lettering, other than those required for health and safety, shall be displayed on any part of the turbines nor any other building or structures without the written consent of the Planning Authority.

Reason: In the interests of the amenity of the area

6. That all turbine blades shall rotate in the same direction.

Reason: In the interests of the visual amenity.

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

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

8. That any remediation works identified by the site investigation required in terms of Condition 7, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy, which should include a timetable for the implementation of the agreed works.

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 construction works starting on site an intrusive site investigation shall be undertaken to establish the exact situation regarding the coal mining legacy on site. The findings of this site investigation shall be submitted to the Planning Authority in the form of a detailed Coal Mining Risk Assessment for written approval in consultation with the Coal Authority. Any remediation works deemed necessary to implement this development shall be outlined in this report, which should include a timetable for the implementation of the agreed works.

Reason: To ensure that matters relating to coal mining risk are adequately addressed.

10. That any remediation works identified by the site investigation required in terms of Condition 9, shall be carried out to the satisfaction of the Planning Authority in consultation with the Coal Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that matters relating to coal mining risk are adequately addressed.

11. That, prior to the erection or installation of any ancillary equipment or buildings on site, the design, colour and finish of the equipment and buildings shall be submitted to and approved in writing by the Planning Authority and the development shall be completed in accordance with these details.

Reason: To allow the Planning Authority to consider these matters in detail.

12. The rating level of noise emissions from the combined effects of the wind turbines (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes (to this condition), shall not exceed the values for the relevant integer wind speed set out in, or derived from, the tables attached to these conditions at any dwelling which is lawfully existing or has planning permission at the date of this permission and:

a) The wind farm operator shall continuously log power production, wind speed and wind direction, all in accordance with Guidance Note 1(d). These data shall be retained for a period of not less than 24 months. The wind farm operator shall provide this information in the format set out in Guidance Note 1(e) to the Local Planning Authority on its request, within 14 days of receipt in writing of such a request.

b) No electricity shall be exported until the wind farm operator has submitted to the Local Planning Authority for written approval a list of proposed independent consultants who may undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Local Planning Authority. c) Within 21 days from receipt of a written request from the Local Planning Authority following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the wind farm operator shall, at its expense, employ a consultant approved by the Local Planning Authority to assess the level of noise emissions from the wind farm at the complainant’s property in accordance with the procedures described in the attached Guidance Notes. The written request from the Local Planning Authority shall set out at least the date, time and location that the complaint relates to and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Local Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. d) The assessment of the rating level of noise immissions shall be undertaken in accordance with an assessment protocol that shall, prior to the commencement of any measurements, have been previously submitted to and approved in writing by the Local Planning Authority. The protocol shall include the proposed measurement location identified in accordance with the Guidance Notes where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Local Planning Authority under paragraph (c), and such others as the independent consultant considers likely to result in a breach of the noise limits. e) Where a dwelling to which a complaint is related is not listed in the tables (9.2 to 9.6) listed in section 9 of the environmental statement AES wind generation may 2012, the wind farm operator shall submit to the Local Planning Authority for written approval proposed noise limits selected from those listed in the tables to be adopted at the complainant’s dwelling for compliance checking purposes. The proposed noise limits shall be those limits selected from the Tables specified for a listed dwelling which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s dwelling. The rating level of noise emissions resulting from the combined effects of the wind turbines when determined in accordance with the attached Guidance Notes shall not exceed the noise limits approved in writing by the Local Planning Authority for the complainant’s dwelling. f) The wind farm operator shall provide to the Local Planning Authority the independent consultant’s assessment of the rating level of noise emissions undertaken in accordance with the Guidance Notes within 2 months of the date of the written request of the Local Planning Authority for compliance measurements to be made under paragraph (c), unless the time limit is extended in writing by the Local Planning Authority. The measurements shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in Guidance Note 1(e). The instrumentation used to undertake the measurements shall be calibrated in accordance with Guidance Note 1(a) and certificates of calibration shall be submitted to the Local Planning Authority with the independent consultant’s assessment of the rating level of noise immissions.

g) Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to Guidance Note 4(c), the wind farm operator shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to paragraph (d) above unless the time limit has been extended in writing by the Local Planning Authority.

Standardised wind speed at 10m height (ms-1) within the site averaged over 10-minute periods Location 4 5 6 7 8 9 10 11 12

Greendykeside 33 33 35 35 35 35 35 37 37

Avalon 35 35 37 37 37 37 38 38 38

Meadowfield 30 30 32 33 33 33 33 33 33

Longriggend 34 34 36 37 37 37 37 37 37

Avonhead cottage 38 38 40 40 40 41 42 42 42

Annandale 30 30 32 33 33 33 33 33 33

Meikledrumgray 29 29 31 32 32 32 32 32 32

West arbuckle 36 36 38 38 38 38 38 38 38

Midtown Farm 38 38 39 39 39 40 40 40 40

Easterton Farm 40 40 41 41 41 42 42 42 42

Caldercruix 34 34 36 37 37 37 37 37 37

Mosside cottage 30 30 32 33 33 33 33 33 33

Table 1 – Between 07:00 and 23:00 – Noise limits expressed in dB LA90, 10-minute as a function of the standardised wind speed (ms-1) at 10 metre height as determined within the site averaged over 10 minute periods

Standardised wind speed at 10m height (ms-1) within the site averaged over 10-minute periods Location 4 5 6 7 8 9 10 11 12

Greendykeside 33 33 35 35 35 35 35 37 37

Avalon 33 33 35 36 37 38 38 38 38

Meadowfield 30 30 32 32 33 33 33 33 33

Longriggend 34 34 36 36 36 36 37 37 37

Avonhead cottage 37 37 39 40 40 42 42 42 42

Annandale 30 30 32 33 33 33 33 33 33

Meikledrumgray 29 29 31 32 32 32 32 32 32

West arbuckle 36 36 38 38 38 38 38 38 38

Midtown Farm 37 37 38 40 40 40 40 40 40

Easterton Farm 40 40 42 42 42 42 42 42 42

Caldercruix 34 34 36 37 37 37 37 37 37

Mosside cottage 30 30 32 33 33 33 33 33 33

Table 2 – Between 23:00 and 07:00 – Noise limits expressed in dB LA90, 10-minute as a function of the standardised wind speed (ms-1) at 10 metre height as determined within the site averaged over 10 minute periods

Reason: In order to protect residential amenity.

13. No development shall take place until an acoustic report has been submitted to, and approved in writing by, the Planning Authority. The acoustic report shall:

i) Include final details of the wind turbines to be installed along with manufacturer warranties to show maximum sound power levels from the turbines across operational wind speeds up to 12m/s and confirm that the noise from the installed turbines shall be free from tonal characteristics or where tonal noise is present, the noise limits are met inclusive of any tonal penalty when assessed within Guidance Note 3 of condition 12; ii) Be conducted by a suitably competent and independent consultant as approved in writing by the local planning authority prior to the report being undertaken; iii) Comply with the provisions of ETSU-R-97: The Assessment and Rating of Noise from Wind Farms; iv) Include an assessment of the turbine noise immissions at the locations as identified in Condition 12, and at any other location requested in writing by the Planning Authority; and v) Indicate how far below the limits in Condition 8 the noise immissions from the turbines will be, at each location, at each wind speed.

Reason: To consider this aspect in detail in order to protect residential amenity.

14. Amplitude modulation is the variation of aerodynamic noise at the rate at which the blades pass a given fixed point of their rotation. The operator shall submit a scheme, to be approved by the Planning Authority prior to the commencement of operation of the wind farm, for the assessment and regulation of amplitude modulation effects. The approved scheme shall apply the methodology published by Renewable UK on 16th December 2013, including any revisions applied following review by the Institute of Acoustics, or other suitable methodology endorsed as good practice by the Institute of Acoustics. This scheme shall be used by the developer to assess any complaint received by the Planning Authority which relates to Amplitude Modulation and shall be used to regulate any identified effects.

Reason: In order to protect residential amenity.

15. That prior to any works commencing on site a detailed Construction Method Statement shall be submitted to and approved by the Planning Authority. The Construction Method Statement shall cover:

 Detailed and scaled map to include the anticipated layout and width of temporary and permanent tracks, cable routeing, turbine bases, crane standings, site storage compound, substation, on site switch gear and equipment store and any ancillary buildings. Details of any change to the layout shall be submitted to and approved by the Planning Authority;  Details of all on-site construction, including drainage (incorporate SUDS where appropriate), pollution prevention, mitigation, post-construction restoration, and reinstatement work, as well as the timetables for such work.  Details of construction practices in terms of minimisation of the use of raw materials and the reuse or recycling of waste materials;  Details of surface water drainage measures to comply with national guidance on pollution prevention, including surface water runoff from internal access roads;  Details of welfare facilities  Details of concrete and vehicle wash down areas;  A dust management plan during the construction period;  Details of the arrangement for the on-site storage of fuel oil;  Details of the working and re-instatement of borrow pits;  Details of how peat will be removed, stored and dealt with on site.

The development shall thereafter be implemented in accordance with the approved Construction Method Statement.

Reason: In the interests of the amenity of the area, to ensure that necessary contingencies are in place, to minimise pollution risks arising from construction activities, and to ensure the site is satisfactorily restored.

16. That prior to the commencement of development, a Primary Radar Mitigation Scheme setting out measures to be taken to prevent the impairment of the performance of the aerodrome navigation aids and the efficiency of air traffic control services at Glasgow Airport must be submitted to, and approved by, the planning Authority, in consultation with Glasgow Airport Limited.

Reason: In the interest of aviation safety 17. No wind turbine forming part of the development shall be erected other than in accordance with the approved Primary Radar Mitigation Scheme.

Reason: In the interest of aviation safety

18. The development must be constructed, commissioned and operated at all times fully in accordance with the approved Primary Radar Mitigation Scheme.

Reason: In the interest of aviation safety.

19. No part of any turbine shall be erected until a Primary Radar Mitigation Scheme agreed with the Operator has been submitted to and approved in writing by the Planning Authority in order to avoid the impact of the development on the Primary Radars of the Operator located at Lowther Hill, Cumbernauld, Glasgow and Kincardine and associated air traffic management operations.

Reason: In the interests of aviation safety and in order to ensure suitable mitigation relating to the impact of the development on the performance of aerodrome navigation aids and/or the efficiency of air traffic control at Glasgow Airport and associated air traffic management operations of the NATS Prestwick Centre.

20. No part of any turbine shall be erected above ground until the approved Primary Radar Mitigation Scheme has been implemented and the development shall thereafter be operated fully in accordance with such approved Scheme.

Reason: In the interests of aviation safety and in order to ensure suitable mitigation relating to the impact of the development on the performance of aerodrome navigation aids and/or the efficiency of air traffic control at Glasgow Airport and associated air traffic management operations of the NATS Prestwick Centre.

21. That the turbines shall not be brought into operation until the applicant has demonstrated that they agreed with the Ministry of Defence, NATS and CAA the following information:

 Construction start and end dates of the turbines;  The position of the turbine towers in latitude and longitude;  The height of the turbines in metres above ordnance datum and above ground level; and  The proposed methodology for lighting the turbines

Reason: In the interests of aviation safety.

22. That each turbine shall be fitted with 25 candela omni-directional red lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200ms to 500ms duration at the highest practicable point unless otherwise agreed in writing with the Planning Authority in consultation with the MOD. Written confirmation that the lighting has been installed to the satisfaction of the MOD shall be submitted within 2 months of the turbines being operational.

Reason: In the interests of aviation safety.

23. That prior to the commencement of any works, a full site specific Waste Management Plan shall be submitted to and approved in writing by the Planning Authority (in consultation with SEPA) and thereafter all work shall be carried out in accordance with the approved plan. For the avoidance of doubt this shall consider details on position of water quality monitoring points (prior to construction taking place) following the establishment of a baseline on water quality.

Reason: To avoid any significant harm to the environment.

24. That prior to the commencement of any works, a full site specific Peat Management Plan shall be submitted to and approved in writing by the Planning Authority (in consultation with SEPA and SNH) and thereafter all work shall be carried out in accordance with the approved plan. For the avoidance of doubt this shall include the following:

 Details of working practises for the removal and storage of peat on site;  Details of reuse of peat on site;  Details of the removal of peat from the site;  Details of the quality of peat on site;  Details on the interaction of the Peat Management Plan and Habitat Management Plan.  A timetable schedule of the management of the Peat Management Plan.

Reason: To ensure that the peat habitat is not significantly affected by this development.

25. No later than 6 months before the commencement of development, a detailed habitat management plan shall be submitted to and approved by the Planning Authority. The approved habitat management plan, amended as the case may be, shall thereafter be implemented in full, unless otherwise agreed by the Planning Authority. For the avoidance of doubt, the HMP shall incorporate the habitat enhancement measures referred to in paragraph 12.1.4 and outlined in appendix 12.C of the Environmental Statement (AMEC May 2012). In the interest of clarity and given the transient nature of potential protected species this shall include a pre-start survey of the development site.

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

26. That the developer shall appoint an independent Ecological Clerk of Works (ECoW) to monitor the agreed Habitat Management Plan Area (HMPA) over a period to be agreed through condition 25 to ensure the required ecological mitigation works included in the Habitat Management Plan are implemented.

Reason: In the interests of ensuring nature conservation mitigation measures for the site and surrounding area are implemented in accordance with the approved Habitat Management Plan.

27. That prior to any works starting on site a plan showing details of the works required at the access junction with Telegraph Road shall be submitted to the Planning Authority for its written approval.

Reason: In the interest of Road Safety.

28. That the access junction upgrading works shall be implemented in full, and to the written satisfaction of the Planning Authority, prior to any construction works starting on site.

Reason: In the interest of Road Safety.

29. That prior to any works starting on site details of the finalised transportation route for the turbines shall be submitted together with a scheme of measures required to both the trunk and local road networks to accommodate the size and length of the loads being delivered for the written approval of the Planning Authority in consultation with Transport Scotland and the Roads Authority. For the avoidance of doubt this shall include detail of any additional signing or temporary traffic control measures deemed necessary.

Reason: In the interest of Road Safety.

30. That BEFORE the development hereby permitted starts, details of mitigation for potential ice throw shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of public safety

31. That should shadow flicker problems be identified within three years of the erection of the turbine, details of measures to overcome shadow flicker problems at any affected receptor shall be submitted to, and approved in writing, by the Planning Authority within two months of the first report of problems; thereafter the approved measures shall be brought into operation and shall continue throughout the operation of the wind turbine except as may be agreed in writing by the Planning Authority. Reason: In order to overcome potential nuisance to receptors through shadow flicker

32. That before any turbine is erected on site, a survey of television signal reception (the scope of which to be agreed in advance with the Planning Authority) shall be submitted to the Planning Authority.

Reason: To establish a baseline against which to assess the impact of the wind turbine on television reception.

33. That except as may otherwise be agreed in writing by the Planning Authority, within one month of the approved wind turbines coming into operation a report covering the effect of the wind turbines on local television signal reception shall be submitted to the Planning Authority; thereafter any approved measures for overcoming television reception interference shall be brought into operation within two months of the reports submission to the Planning Authority unless otherwise agreed in writing with the Planning Authority. For the avoidance of doubt the report shall include measures to ensure public engagement.

Reason: In order to overcome any television reception interference caused by the wind turbine.

34. That before development begins, a detailed restoration scheme (including a programme for implementation) shall be submitted for the written approval of the planning Authority the restoration scheme shall be consistent with the environmental statement in that all planting shall comprise of native plants that support local biodiversity and habitat provision. Restoration shall be implemented in accordance with the approved restoration scheme.

Reason: To ensure that comprehensive and appropriate restoration of the site is secured.

35. Unless otherwise agreed in writing with the planning Authority and notwithstanding the terms of condition 34, the site shall be fully restored within one year from the date of cessation of the site operation.

Reason: To ensure the timeous restoration of the site.

36. That before development begins, a detailed aftercare scheme shall be submitted for the written approval of the Planning Authority. The scheme shall include details of the steps necessary to reach the standard of approved habitat on the newly restored land, cultivation techniques to be employed, soil sampling and analysis procedures, watering and drainage methods and details of the proposed treatment in restoring the site to the current condition. Thereafter, the aftercare of the site shall be implemented in accordance with the approved aftercare scheme.

Reason: To ensure that comprehensive and appropriate restoration of the site is secured.

37. At least one month before development begins, a bond or other form of financial guarantee to secure the cost of performance of site restoration and aftercare obligations shall be submitted for the written approval of the planning authority. No development may commence until the bond or other form of financial guarantee is approved by the planning authority and is in place to the satisfaction of the planning authority. The bond or other form of financial guarantee shall be maintained until the date of completion of all restoration and aftercare obligations. The value of the financial guarantee shall be determined by a suitably qualified independent professional valuer as being sufficient to meet the costs of all outstanding restoration and aftercare obligations. The value of the financial guarantee shall be reviewed by a suitably qualified independent professional valuer at least once every five years and adjusted to take account of any variation in the cost of compliance with the then outstanding restoration and aftercare obligations. Before each determination or periodic review of the value of the financial guarantee, the independent professional valuer shall be required to submit a written valuation report to the planning authority and the operator and invite submissions from the planning authority and the operator on the proposed value of the financial guarantee. The cost of engaging the independent professional valuer shall be borne by the operator.

Reason: To ensure that there are sufficient funds to secure performance of restoration and aftercare obligations.

Background Papers:

Consultation Responses:

Glasgow Airport e-mail received 22nd August 2012, letter 26th September 2012, 1st September 2016 and 30th November 2018 Plains Community Council letter received 21st August 2012 The Coal Authority letter received 20th June 2012 Scottish Gas Network letter received 2nd July 2012 Greenspace (ecology) memorandum received 24th July 2012 and 5th May 2017 Historic Scotland letter received 10th July 2012 Health and Safety Executive e-mail received 19th June 2012 Green space (Landscape) memorandum received 31st July 2012 JRC on behalf of the utilities industry e-mail received 13th February 2013 Ministry Of Defence Letter received 28th June 2012 National Air Traffic Services (Safeguarding) letter received 27th June, 23rd July 2012, 2nd October 2014, and e-mail 11th January 2019. Wind Farm Enquiries Atkins Global (on behalf of water industry e-mail received 20th June 2012 Environmental Health (including Pollution Control) memorandum received 16th and 23rd July 2012, 27th January 2017 Scottish Rights Of Way and Access Society letter received 17th July 2012 Scottish Environment Protection Agency letter received 4th July 2012 Scottish Water letter received 20th July 2012 Transport Scotland letter received 14th June 2012 and 20th June 2012 Scottish Natural Heritage (ecology) letter received 20th July 2012 and 28th April 2015 Scottish Natural Heritage (Landscape) letter received 2nd August 2012.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500

Report Date:

21st January 2019 APPLICATION NO. 12/00602/FUL

REPORT

1. Site Description

1.1 The proposed site is characterised by worked bog peatland with evidence of coal mining legacy and peat cutting. There are intermittent patches of small trees and lower lying scrub mainly following the remains of a railway solum along the dismantled rail track to the south west of the site. The site is crossed by numerous linear drainage channels dissecting the area of peat working. The site contains a Site of Importance for Nature Conservation (peatland habitat) which is contained in the norther part of the site covering only a small part of the designation. A Site of Special Scientific Interest (Longriggend Moss) is located to the east of the SINC. Historic remains of Avonhead colliery (scheduled monument) lies within the northern edge of the site. The site boundary is located to the south and west of Longriggend (west of Telegraph Road) and equidistant from Caldercruix, Plains and Greengairs. Land to the south is characterised by open agricultural fields and forest plantation with the settlement of Caldercruix lying beyond. The site is bounded to the north and west by open fields. It is irregular in shape and extends to approximately 200ha. Access to the site is from Telegraph Road, Longriggend which forms the eastern boundary of the site. The site is relatively flat or gently sloping in areas.

1.2 The proposed land take (post completion) including foundations , (turbines and mast), transformers, control building, subterranean cable route ,hard standings and access tracks amounts to around 4.3 ha. This represents less than 2.2% of the total development area of (200ha)

2. Proposed Development

2.1 Planning permission is sought for a wind farm comprising 8 wind turbines together with ancillary works including, foundation pads, crane hard standing, access tracks, control building and compound, meteorological mast (up to 85m). The total generating capacity of the individual turbines would 2 and 3 MW thereby providing a maximum capacity of 24 MW for the entire wind farm.

2.2 The applicant has not confirmed which model of wind turbine would be used at this site; however, in order to carry out an assessment of potential impacts the applicant has advised that the turbines would have a maximum tip height of 125m and an assumed maximum hub height of 80m and an assumed maximum rotor diameter of 90m.An 80metre metrological mast is also proposed in order to monitor weather conditions.

2.3 The turbines would be designed to have an operational lifespan of 25 years and at the end of this period the developer would decommission the wind turbines, remove the above ground infrastructure and reinstate the site.

2.4 The applicant advises that the development will effectively payback its expected carbon cost from its manufacture, construction and decommissioning within the first two and a half years, dependant on the alternative source of electricity being replaced. The submitted supporting information illustrates that the development is likely to generate over 22 years of carbon free electricity over the lifetime of the turbine.

2.5 The principle site access is via Telegraph Road Longriggend and nearest domestic properties include the following:

 Greendykeside  Avalon  Meadowfield  Longriggend  Avonhead cottage  Annandale  Meikledrumgray  West arbuckle  Midtown Farm  Easterton Farm  Caldercruix  Mosside cottage

The closest property to the development site is Easterton Farm which lies 722 metres to the south of turbine 2. While Avonhead cottage lies 773 metres to the north of turbine 5.

3. Applicant’s Supporting Information

3.1 An Environmental Statement (ES) was submitted outlining the environmental effects of the proposed development. The submitted ES includes assessment on the following topics:

Planning policy, Climate Change, Traffic and Transportation, Noise, Landscape and visual, Cultural Heritage and Archaeology, Terrestrial Ecology, Ornithology, Hydrology, Hydrogeology and Ground Conditions, Shadow Flicker, Socioeconomics, Carbon Balance, Tourism, Recreation and Land Use.

3.2 The applicant provided Supplementary Environmental Information to support and clarify the information within the ES and included reference on, ecology and ornithology, Landscape and Visual, Hydrology, Carbon Balance. The applicant also provided an update to the ( ES) 20016 which included statements on ecology and ornithology, Landscape and visual, noise emissions and aviation mitigation

4. Site History and Context

4.1 Relevant site history includes existing, proposed and proximal wind farm development includes Greendykeside wind farm (2 turbines 99 metres to blade tip) located within 850 metres of this site and within 350 metres of the consented Greengairs wind farm (nine turbines 125 metres to blade tip) to the west.

5. Development Plan

5.1 Clydeplan (SDP) 2017 Schedule 14 determines thresholds where development may reasonably be considered strategic. In this case the proposal being greater than 20 MW is considered of strategic significance. While this schedule is intended to clarify the scale of development likely to impact on the SDP Vision and Spatial Development Strategy identified strategic development proposals also require to be assessed against Diagram 10: Assessment of Development Proposals.

5.2 The site is designated as NBE 3B (Assessing Development in the Rural Investment Area) within the Adopted North Lanarkshire Local Plan. Policies DSP 4 Quality of Development and EDI 3A2 (Assessing Economic Development and Infrastructure Proposals) including Supplementary Planning Guidance 12 ‘Assessing planning applications for wind turbine developments’ are also relevant.

6. Consultations

6.1 A summary of the comments from consultees are as follows:

i Joint Radio Company (JRC) on behalf of Scottish Power UHF telemetry lines. Commented that it does not foresee any potential problems based on known interference scenarios and the data you have provided.

ii Scotland Gas Networks requested further information notwithstanding the submitted environmental statement demonstrating no gas mains being located within the area of enquiry.

iii Scottish Water has no objection to this planning application.

iv Scot Ways comment that the proposal does not show any Rights of Way being affected by the proposal other than those which may be formed by public roads. They provide advice on relative turbine position.

v Health and Safety Executive commented on their principle remit being one of safety and have no further comment.

vi The Coal Authority concurs with the findings of the coal mining risk assessment and therefore has no objection subject to intrusive site investigation works and remedial works to treat mine entries being the subject of planning conditions.

vii Protective Services requested the submission of additional information relating to candidate turbine which was clarified. Pollution control confirmed that they were satisfied with any potential noise impacts to addressed via a condition and therefore do not require any further information.

viii SEPA has no objection subject to conditions relating to the submission of a Peat management Plan and details on position of water quality monitoring points to be approved prior to any works starting on site.

ix Scottish Natural Heritage (SNH) Ecology; Do not object to the application and in considering protected species SNH recommend a condition to secure that the mitigation measures detailed in the ES being incorporated into a species protection plan including the following species, bats, badgers, otters and water voles. Additional protection measures for both badgers and otters is recommended in SNH response dated 20th July 2012. They have confirmed that provided the mitigation measures are in place there will be no adverse impact on protected sites. SNH advises that should members be minded to approve this application licensing test set out under the Habitats Regulations (as amended) should be met. Based on the information submitted to SNH they confirm that the likely tests would be met and a license would be granted. In turning to habitats SNH comment on proposals for blanket bog restoration contained within the ES but advise that the area for habitat should be increased to include the restoration of both wet and dry heath. These measures should be detailed in a habitat management plan (HMP) to be secures and implemented through planning condition. In considering ornithology SNH advise that a bird protection plan is produced containing the mitigation set out in the ES. SNH provided advice which are recommended as the subject of planning condition these measures include the following:

 The drainage management measures as set out in letter from AES, April 2015;

 The peatland restoration measures as set out in letter from AES, April 2015; and

 The hydrological monitoring proposals as set out in letter from AES, April 2015.

Scottish Natural Heritage (SNH) Landscape: In terms of landscape and visual impact SNH do not object but raised a number of concerns relating to significant adverse visual effects on surrounding receptors due to the scale of the turbines, proximity to settlements and their position within the landscape both visually and cumulatively. x Transport Scotland has no objection to the proposal subject to conditions relating to the approval of a transport route including details of signage, street furniture amendments and temporary closures. xi NLC Greenspace made recommendations on the basis of the original ES. This along with corresponding SNH comments resulted in the submission of supplementary environmental information (SEI) responding to concerns over landscape and visual impact, hydrology, ecology and ornithology. NLC Greenspace requested further detail on the foregoing subjects which was duly submitted. While NLC Greenspace objected on the basis of a lack of detail regarding bog restoration and site route tracking, additional information was submitted clarifying these matters, notably to the satisfaction of SNH. Updated species protection plans are recommended prior to the commencement of any approved development, in order to protect European protected species and a condition is recommended should members be minded to approve the application. xii NLC Landscape has not objected to the application but advised that the layout of the two adjacent wind farms should avoid overlapping where possible and present a cohesive grouping, avoiding gaps from key views. Visual compatibility between the existing operational turbines in the vicinity, the consented wind farm and the proposed development is the key factor in the acceptability of applications. The scale of this development, whilst potentially admissible in similar upland locations is considered by NLC Landscape to be less acceptable here owing to its very close proximity to the local settlements of Greengairs and Caldercruix. Green space takes the view that substantial visual effects would be experienced by local residents, travelers through the district and visitors in the locality. Following the submission of revised landscape visual information NLC Landscape considered the proposal acceptable. xiii Historic Scotland’s comments focus on their statutory remit for scheduled monuments. They comment that any impacts on cultural heritage features within their statutory remit are not of such significance to warrant objection to the proposal. xiv Glasgow Airport initially objected to the application due to the likely impact on their radars as the turbines would appear as clutter on their radar screen to the detriment of air traffic control and air safety. Following further investigations suitable mitigation has been identified and agreed with the airport and as such the objection has been removed subject to the use of suspensive aviation conditions.

xv NATS initially objected to the application on the basis that the proposal is likely to impact on their primary radar systems to the detriment of air safety. NATS has subsequently confirmed that it has identified and agreed technical mitigation for this site with the applicant and secured the necessary contractual agreement to ensure the implementation of this mitigation. NATS advise that they are content for the application to proceed on the basis of two conditions being attached to any permission. As mitigation is understood to be available and agreed the application of suspensive conditions relating to aviation safety is considered appropriate.

xvi (MOD) Ministry of Defence has no objection to the proposal.

xvii Transport Scotland have no objections to the proposal and recommend two conditions are attached to any approval relating to the routing of the turbine components on the road network and temporary traffic controls.

7. Representations

7.1 Following the standard neighbour notification process, EIA processes and newspaper advertisements 6 letters of representation have been received objecting to the application and 10 letters, supporting the application (support includes Upperton Residents Committee, Plains Community Council, Caldercruix Community Council, Action for renewables, Plains Caldercruix Youth and Community Development (now disbanded) and local employer McClay Engineering.

7.2 The objections can be fairly summarised as follows:

i The addition of these turbines will result in a negative cumulative visual impacting on visitors to the area. ii The proposed wind farm would become the dominant and defining element in the landscape and have an adverse cumulative impact. iii Loss of recreational amenity iv Adverse impact on the health, safety and wellbeing for local people living in close proximity to turbines v Removal of peat will displace water leading to flooding in the urban area beyond the site. vi The Environmental Impacts of the proposal have not been properly assessed. vii An unknown quantity of chemicals and gases (from the sites industrial legacy) will be released into the atmosphere due to the disturbance of peat during the construction phase. viii The potential to release contaminates to neighbouring land during the construction phase is extremely high. ix Wind turbines are an inefficient alternative supply of power. x The removal of peat from the site will result in flooding of nearby settlements due to peat displacement. xi There will be an impact from large vehicles during the construction phase. xii Turbines are not the most efficient contributor to the national energy arrangement. xiii There are too many future expectations with this scheme in terms of addressing potential issues associated with industrial and mining legacy. xiv Negative impact on wild life. xv There is no viable radar solution that can be realised in a viable time period. xvi The proposal will result in an unacceptable cumulative visual impact. xvii The proposal will result in an unacceptable noise impact on neighbouring properties which has not been properly presented in the submission. xviii The proposal is contrary to SPG 12 in that it does not concur with the parameters set out in this document relating to wind farm search areas. xix The proposal will result in wind shadowing to the neighbouring consented proposal.

7.3 Letters of support are summarised as follows:

 Positive contribution to the local economy.  Infrastructure upgrading as a result of the development.  Positive renewable energy source.  Opportunity for the restoration of degraded peatland  Local Construction Company which has the opportunity to benefit from additional work in supporting local employment base.  The wind farm would make a positive contribution to the local economy and produce carbon free electricity for the 25 year life span of the project.

8. Planning Assessment

8.1 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.

Clydeplan (SDP) 2017

8.2 Clydeplan (SDP) 2017 Schedule 14 determines thresholds where development may reasonably be considered strategic. In this case the proposal being greater than 20 MW is considered of strategic significance. While this schedule is intended to clarify the scale of development likely to impact on the SDP Vision and Spatial Development Strategy identified strategic development proposals also require to be assessed against Diagram 11: Assessment of Development Proposals.

8.3 Strategic Policy 10

The Structure Plan contains a principle policy directly relating to wind energy proposals. Strategic Policy 10 promotes preferred areas for wind farm development in areas identified in the city region Plan area. In order to support onshore wind farms, proposals should be in accordance with the Spatial Framework set out in Diagram 6 and will be subject to further consideration at the local level when other issues, including landscape capacity and community separation will be taken into consideration.

8.4 On shore wind spatial framework (Diagram 6)

Onshore wind energy spatial framework (Diagram 6) identifies areas within the city region that are likely to be the most appropriate for onshore wind farm development. In order to protect communities and international and nationally important environmental designations and resources, the spatial framework also identifies areas of significant protection. In these areas wind energy developments will only be acceptable if they can demonstrate that any significant effects on the qualities of the area can be substantially overcome by siting, design or other mitigation.

8.5 Diagram 10 Assessment Development of Proposals

Strategic development proposals whose scale, location and development compatibility support the Vision and Spatial Development Strategy (Diagram 10: Box 1) will be deemed to accord with the SDP. Development proposals which do not support the Vision and Spatial Development Strategy will be regarded as a departure from the SDP. As such, they require to be assessed against Diagram 10: Box 2. It should be noted that both acceptable and unacceptable departure from the SDP, as defined in Diagram 11: Box 2, are contrary to the Strategic Development Plan.

8.6 Diagram 11: Box 1. Assessment of Development Proposals

Box 1 poses the question Does the development proposal support the Vision, Spatial Development Strategy and the Place making Policy including having regard to the Glasgow City Centre Joint Strategic Commitment?

8.7 In assessing this development proposals should be considered against the related policies, schedules and diagrams appropriate to the type of development under consideration. Any development proposal that fails to meet the relevant criteria in Box 1 will be regarded as a departure from the Strategic Development Plan. Box 1 low carbon region directs toward on shore wind (Policy 10, Diagram 6) and falling out with the areas identified with potential for wind farm development it can be reasonably concluded that the proposal does not support the Vision and Spatial Development Strategy will be regarded as a departure from the SDP. As such, they require to be assessed against Box 2.

8.8 Diagram 11: Box 2. Departures from the strategic development plan

Box 2 poses the question

Is the development proposal an acceptable departure from the Strategic Development Plan having regard to the following criteria and any other material considerations?

 make a significant contribution to sustainable development particularly through enabling modal shift and the contribution to carbon reduction;  provide significant net economic benefit including the need to accommodate inward investment that would otherwise be lost to the city region or Scotland;  respond to economic issues, challenges and opportunities, including the protection of jobs or the creation of a significant number of net additional permanent jobs to the city region;  specific locational need;  protect enhance and promote natural and cultural heritage, including green infrastructure, landscape and the wider environment;  improve health and well-being by offering opportunities for social interaction and physical activity, including sport and recreation;  Support the provision of digital connectivity in new developments and rural areas.

8.9 In considering the relevant criteria above on balance it is reasonable to conclude that that the development proposal is an acceptable departure from the Strategic Development Plan and is subject to local development plan assessment.

8.10 In considering climate change the Scottish Government is committed to a low carbon economy through reduced carbon emissions and adapting to climate change is embodied in legislation. National planning framework 3 confirms the role of the planning system in facilitating mitigation and adaptation to climate change. Energy generated from on shore wind in reducing carbon emissions is aligned with security of supply giving rise to a locational requirement. In order to protect communities and important environmental designations the spatial framework in the SDP identifies all areas out with areas identified for potential wind farm development as areas of significant protection. That said, Local development plans will reflect local circumstances. In these areas wind energy developments will only be acceptable if they can demonstrate that any significant effects on the qualities of the area can be substantially overcome by siting, design or other mitigation.

North Lanarkshire Local Plan

8.10 NBE 3B Assessing Development in the Rural Investment Area: The site is located within the Rural Investment Area and this policy aims to protect the character of and promote appropriate development within these areas by restricting development to specific types. Generation of power from renewable sources is considered an acceptable type of development. The policy then lists impact criteria for assessing the acceptability of development. The development must comply with the undernoted criteria:

 Have a positive economic benefit  Minimise any adverse environmental impacts  Do not pose undue infrastructure implications  Have a specific locational need  Be of suitable scale and form for the location  Applications include a landscape assessment  Adherence to Scottish Planning Policy  Will not adversely affect the integrity of European Sites

8.11 The applicant has provided details of the employment (direct and indirect) which the construction, operation, servicing and decommissioning of the proposed wind farm would generate. It is considered that there would be a positive economic benefit.

8.12 The remaining criteria are best assessed through policy EDI 3A2 below and it is noted that the ES includes an assessment of each of the points above.

8.13 EDI C2 (Opencast Coal Extraction Search Area) the site is located in an area designated as an area of search for opencast coal which aims to satisfy market demands for minerals by directing proposals for construction materials and opencast coal to these areas. The site is not currently mined but extensive mining has taken place within the site and in the wider area in the past, therefore there is potential for minerals to remain within the site. As this development would have a temporary lifespan of 25 years it is considered that this development would not permanently sterilise any local coal or mineral supplies to the detriment of this policy. The need for minerals and coal could be reconsidered at the end of the 25 year lifespan of the wind farm and therefore the development is not contrary to this policy.

8.14 DSP 4 Quality of Development: This policy primarily provides criteria to assess and ensure a high quality of design within a development. Given the nature of this application it is considered that it is best assessed under the terms of EDI 3A2.

8.15 Policy EDI 3A2 (Assessing Economic Development and Infrastructure Proposals): This policy states that the Council supports, in principle, all forms of renewable energy generation subject to these meeting the criteria contained in the approved Supplementary Planning Guidance (SPG12) relating to issues of scale, cumulative impacts, community benefit and restoration. A detailed assessment of these issues is considered below.

8.16 Landscape, Visual and Cumulative Impact: The turbine falls within an area identified as Zone 2 (Plateau Moorland) in SPG12 Wind Farm Developments which also contains the Search Area outlined for significant scale wind farm development in the Strategic Development Plan. The Wind Farm Areas of Search Map in SPG12 Assessing Wind Farm Developments which indicates that this area has high capacity for single wind turbines of all scales. Notwithstanding this guidance multiple turbines have been approved over 100 metres in height most noticeably Greengairs wind farm immediately to the west of this site and the principle of turbines in this search area is established. It is also considered that in principle the proposed turbine accords with DSP1 and 2 subject to detailed assessment. The applicant has undertaken a viewpoint analysis which indicates that significant effects are likely to occur within a 7 km radius from the site advising that beyond 7 km the visual effects and magnitude of the development recede to between low and zero and the visual effects are predicted to be not significant beyond this distance. A 10 Km radius has been applied in order to emphasis this consideration. This is supported by the Area of Search Map within SPG12. Notwithstanding, the proposed wind farm must also be assessed in terms of Visual Impact and Residential Visual Amenity.

8.17 The applicant advises that development alongside consented and existing schemes will place the landscape into the category whereby wind farm development will be a key characteristic of the landscape, but not of sufficient dominance to be a defining characteristic of the area, quoting SNH comments from 2009. Where the development and other consented wind farms could be accommodated within the wider plateau moorland and considered to coalesce with the existing constructed and approved wind turbines thereby appearing as a single wind farm development, thus limiting the spread of wind farm development across the wider (Landscape Character Assessment) LCA. NLC (Landscape) advised that the cumulative magnitude of the development in association with the consented Greengairs wind farm is considered high within a 5km radius of the site despite the Applicant’s assessment of medium scale significance. The scale of this development, whilst potentially admissible in similar upland locations, is considered less acceptable here owing to its very close proximity to the local settlements of Greengairs and Caldercruix, which is not the case for the windfarms sited in the less populated upland areas to the south of North Lanarkshire. The addition of a further 8 turbines to the consented 9 of the adjacent Greengairs Wind Farm, along with the existing smaller Greendykeside, Easter Glentore and Easterton turbines, would effectively create a major wind cluster prominently positioned within central North Lanarkshire, close to settlements and major transportation routes. Substantial visual affects would be experienced by local residents, travelers and visitors in the locality.

8.18 The applicant has submitted documents demonstrating landscape character types as a basis to consider landscape. Landscape assessments and capacity studies are more strategic in nature and such documents provide a starting point when considering particular landscapes suitability as a location for proposed turbine development. Such documents are therefore not intended to provide an indication of the acceptability of a proposal because they do not include an assessment of site specific characteristics. Their purpose is to inform the development assessment rather than direct it in assessing the landscape effects.

8.19 It is clear from the site assessment that that the proposal will have a significant effect on landscape character continuing with the introduction of very large structures that would dominate the site and becoming the defining landscape characteristic. Considering the predicted landscape effects within the designated analysis area, it is recognised that the introduction of a wind farm of this scale would inevitably result in a landscape impact being a prominent feature within the landscape; however, it is considered that the effect on the characteristics of the landscape or long distance views would not be so significant as to warrant the refusal of this application on this basis. In coming to this conclusion, it is noted that the planning permission for the adjoining Greegairs wind farm (8 turbines) already allows for a significant landscape impact in the locality.

8.20 The visual impact is set out in a series of photographic viewpoints which are generally acceptable. These are selected using a blade tip zone of theoretical visibility (ZTV) plot to provide a selection of locations within a defined radius from the site from where the site may be externally viewed.

Locations include: Caldercruix, longriggend,Greengairs,Darvill Road,Plains, Hillend reservoir,Palacerigg Country Park, A73 Near Airdrie,Limerigg,Slamannan, Chapelhall, Cumbernauld, Jawcraig,M8/B7066 corridor,East Craigshill, B8028 (north of Avon Bridge), Kilsyth Hills, CairnpappleHill, Campsiehills,Clackmananshire Bridge, A726 near Eastkilbride, Pentland hills.

8.21 The visual assessment draws from the Zone of Theoretical Visibility and assesses the potential visual effects on views and impact on visual amenity likely to be experienced in the landscape as set out below:

. Views from settlements and residential properties . Transient views travelling within the landscape . Views from recreational destinations.

8.22 The viewpoint analysis indicates that visual magnitude of change will be very high to high within 2 km of the development site indicating that it will appear as a key characteristic of the local area beyond this distance the effect diminishes to medium – low. The development will be located within close proximity to existing turbines at Greendykeside and Greengairs viewed within a landscape context (open moorland) which already contains a number of wind farms diminishing as distances increase.

8.23 The sensitivity of residential receptors (views from settlements has been assessed as high with the assessment of visual effects being set out in the (ES) which provides individual assessment for each settlement. A similar undertaking was submitted for visual effects on views from main transport routes and recreational routes. Mitigation and enhancement measures are confined to the colour selection of the turbines in reducing contrast with the background sky and landscape in reducing reflectivity.

8.24 The ZTV indicates that there will be a concentrated area of visibility within 7 km radius around the site thereafter it becomes more fragmented as distance increase. While no wind farm development can be completely avoid significant effects, the (ES) contends that the LVIA identifies that significant effects will be limited and confined to a relatively small area in close proximity to the site (2 Km radius). There will be no significant effects on surrounding Landscape Character Areas (LCAs) or landscape designations.

8.25 The proposal when developed will result in significant visual effects on the views experienced from 14 residential properties, localised areas of 10 surrounding settlements, identified existing transport routes as well as three identified recreational sites.

8.26 Scottish Natural Heritage (SNH) visual representation guidance recognises that any form of visualisation is simply a tool assist in decision making, envisaging how the structure might appear. Ultimately this is a subjective assessment based on judgement and site context.

8.27 In considering cumulative effects the LVIA notes that the other approved, existing and currently being assessed applications will frequently be viewed simultaneously with the existing Greendykeside wind turbines and the consented Greengairs wind farm and operational Easter Glentore (see paragraph 4.1).As such there will be frequent coalescence in appearing to form one continuous feature, either appearing between or behind the other wind farm arrangements. The development will contribute infrequently to a horizontal extension of the new visibility arrangement. Other wind farms listed above are arranged at greater distances and will generally appear as separate schemes.

8.28 In terms of the design of the scheme SNH has concerns relating to the cumulative impact in coalescing with existing and consented wind farm sites, proximity to sensitive receptors and suggested that mitigation measures such as reducing the height or number of turbines will not significantly reduce the landscape or visual impact in landscape terms. Due consideration in this assessment has been given to the possibility of seeking a reduction in height and turbine numbers, however, it is considered that a reduction in height or numbers of the turbines would not significantly alter the relationship between the wind farm and landform which would continue to be a series of tall vertical structures in a gently undulating landscape nor would it significantly alter the effect on landscape character. The applicant has not disputed this assessment but has instead constructively argued the rationale behind the merits of the proposed wind farm design by forwarding a number of supplementary reports. Scottish Natural Heritage contend that the proposal will cause significant visual impacts. These impacts will largely be localised, however SNH consider these localised impacts important in that a large number of receptors will be affected and result in wind turbines becoming a defining landscape impact upon plateau moorland. They conclude that the turbine arrangement will cause significant cumulative landscape and visual effects. It should however be noted that SNH do not recommend refusal of the application on grounds of landscape impact.

8.29 Similarly, NLC Landscape comment that the wind farm cannot be considered in isolation given previous approvals and considers the key factor in determining landscape impact to be visual compatibility between the existing operational turbines in the vicinity, the consented wind farm and the proposed development is the key factor in the acceptability of the application. The applicant has addressed comments relating to the level of information required for the assessment with supplementary information. As with the foregoing SNH comments the applicant has constructively argued the rationale behind the acceptability of the proposed wind farm design. NLC Landscape do not recommend refusal of the application.

8.30 It is acknowledged that the proposed wind farm site is within 2km of the nearby settlements of Longriggend and Caldercruix. The SPP (Scottish Planning Policy) recommends a setback distance of 2km to be applied when considering areas suitable for wind farm developments in the Local Plan. This does not require to be applied to individual applications which require to be assessed on their own merits. A study of the visual impact on these settlements and the individual properties within 2Km of the site boundary has been carried out by the applicant.

8.31 It is inevitable that a wind farm, particularly of this scale, will alter the view from a small number of residential properties within the surrounding settlements noted above and some further afield. The planning system aims to protect amenity in the public interest and therefore the protection of private views of a small number of properties may not be considered to be of public benefit given the benefits of renewable energy. It is apparent however that some individual residential properties in close proximity (800 m) would be affected by the proposal particularly those properties remote from beyond the settlement envelope. These properties are assessed separately below with respect to the impact on their existing levels of amenity.

8.32 In considering the effects on views from individual properties the applicant identifies 37 individual properties or groupings within a 2 km range of the development which are listed in Appendix 10.D of the environmental statement. Generally significant visual effects will occur in relation to those properties where a very high or medium magnitude of change is predicted. In this particular case 16 near properties have been identified. The visual effect experienced by virtue of orientation and position is not considered a significant effect in terms of overall visual amenity or impact. It is considered that although the development will be highly visible from these individual properties that said, this wind farm would not cause such a significant visual impact to warrant refusal of the application to protect the individual interests of these residents over the wider benefits of the renewable energy this will produce.

8.33 In summarising the foregoing the development will be located within approximately 850 metres of the existing wind farm at Greendykeside and within 350 metres of Greengairs wind farm (consented). Visual analysis submitted by the applicant ZTV demonstrates a concentrated area of continuous visibility within a 7 km radius around the site thereafter; theoretical visibility becomes more fragmented and less significant beyond this distance.

8.34 The submitted LVIA demonstrates that significant landscape effects will be limited and localised, within around 2km of the site indicating that there will be no significant effect on surrounding landscape designations. This should not be confused with the 2km setback distance set out in the in the SPP is primarily a tool at a strategic level when identifying suitable areas for wind turbine developments in the local plan process.

8.35 The applicants analysis identifies significant visual effects will be experienced from 14 residential properties, localised areas of 10 surrounding settlements, localised sections of the Glasgow Edinburgh (Bathgate) rail line , the A89, localised sections of the National cycle route 75 and the core path network. These effects will also be experienced at recreational destinations including Caldercruix Countryside and Nature Park and localised parts of Palacerigg Country Park and Easter Moffat Golf course.

8.36 In considering the cumulative effects beside other and existing wind farm developments referred to in paragraph 8.11 these will appear to combine (forming a single feature) from certain viewpoints generally resulting in a singular horizontal extension of the proposal. Given the approval of multiple turbines of equivalent scale has been accepted at this locale by virtue of the existing extant permission for 8 turbines it is considered that the further introduction of this proposal encompassing all development into a single turbine field is viewed as acceptable by virtue of design.

8.37 Natural Heritage: The site lies adjacent to a (SSSI) Site of Specific Scientific Interest (Longriggend moss) and the Avon Water head (SINC) Site Important for Nature Conservation. These sites are designated for their habitat features, (Blanket Bog). The development site and surrounding area including these designated sites have been subject to extensive artificial drainage, peat cutting and historic mineral extraction. Comments have been provided by both Scottish Natural Heritage and the NLC Green Space. The proposal includes bog restoration and habitat improvement in order to benefit the designated features of the two sites. Details of the proposed bog restoration are detailed in the Environmental Statement (Chapter 12). NLC Greenspace are satisfied with the findings of the protected species reports; however it is recommended that updated surveys be carried out before the development starts on site. SNH are also satisfied with the protected species reports and are content that there will not be an adverse impact on these species provided the mitigation measures and best practice guidance identified in the ES is followed.

8.38 An outline Habitat Management Plan has been assessed and found to be acceptable by SNH and NLC Greenspace subject to further details being submitted. The submission of a more detailed finalised Habitat Management Plan can be adequately covered by a planning condition.

8.39 It is considered that the application accords with Local Plan Policies, EDI3A2, SPG 12 and NBE1.

8.40 Peat: Areas of deep peat were measured on site and the locations of turbines and other infrastructure have been selected where practicable, to lie out with areas of deep peat and is covered in some detail in chapter 14 of the Environmental statement. The development track layout has been designed taking into consideration environmental constraints identified in the technical chapters of the (ES) being in accordance with up to date guidance with the aim of minimising the environmental impacts. The applicant proposes a more detailed study is carried out prior to construction, including geotechnical and geophysical assessments. This is in order to allow the results of these surveys to inform the design (a micro siting parameter of 50 metres is proposed). This allowance is principally proposed in order to minimise peat disturbance and drainage impacts across the site. Due consideration has been given to peat ecology and this will be accounted for in the Construction method Statement (CMS) Condition. It is intended that excavated peat is reused for bog restoration in methods such as drain blocking, or relocated to existing peat bodies within the site with appropriate hydrology. The applicant proposes that methods of turbine foundation technology will be given consideration upon the results of the geotechnical site investigation. The applicant in his environmental statement refers extensively to Peat Management which generally concludes that the volumes of excavated peat and requirements for reuse are likely to be neutral in the final detained design and that there will not be a significant volume of surplus peat resulting from the development proposals.

8.41 SEPA has not objected to the application but has requested that conditions be attached requiring the submission of further information relating to Peat Management (excess peat volumes remaining post construction) to be submitted and approved prior to development starting on site. A planning condition in this respect is recommended.

8.42 SNH (habitat) has not objected to the application but has advised that the proposal could be progressed with mitigation measures. However, the proposal could adversely affect natural heritage interests of national importance but recommend the application decision is subject to the measures set out below.

 Drainage management measures  The Peat land Restoration Measures.  The Hydrological monitoring proposals.

The foregoing as set out in letter from AES, April 2015 are recommended as the subject of condition requiring information to be submitted for approval prior to the commencement of development.

8.43 Forestry: No areas of commercial forestry will require clearance prior to construction. Small areas of vegetation and woodland will need to be cleared as follows:

 The access track crossing point of the solum of the disused railway in the centre of the site.  Scrub and woodland around the position of turbine 6.

8.44 Noise: The applicant has used candidate turbine date when assessing the noise effects of the wind farm which is common practice when the exact turbine model has not yet been selected. The model selected (Vestas V90 3MW) represents the accepted scale of turbine in terms of the range of turbines which would meet the maximum parameters in terms of height, rotor diameter and capacity.

8.45 Operational Noise: Predicted noise levels for the development meet the planning threshold as derived from ETSU-R-97 night-time and lower day time limit for locations selected for additional measurements in all cases by at least 1dB.The Noise Impact Assessment concludes that the noise from operation of the proposed wind farm as an individual entity would comply with the requirements of ETSU-R-97 at all residential locations and, as such, operation wind farm noise is not significant under the terms of the EIA Regulations. No mitigation measures were identified or required during the operational phase of the proposed wind farm.

8.46 Cumulative Operational Noise: The Noise Impact Assessment concludes that the noise from cumulative noise levels will not exceed the derived operational day and night time limits at critical wind speeds at the majority of receptors. The exception to this, assuming that the higher ETSU-R-97 noise limits for financially involved properties are applied to Greendykeside farm. In considering the expedience of noise criterion applied to financially involved properties by approximately 0.5 dB, the submitted report shows the noise level to be 10dB lower than the Greendykeside noise level (the main contributing development to cumulative noise levels). The 0.5 dB may be considered negligible and well below the 3 dB level of perceptibility putting it in the category of not significant.

8.47 Construction and Decommissioning Noise: It is inevitable that, as with the construction of any new development, that there will be some disturbance caused to those nearby during the construction phase. However, this is temporary in nature and in general will be limited to those within 100m or so of a construction site. It is noted that the nearest property is Easterton farm, approximately 690 metres to the south and as such construction noise, when following best practice guidance, is unlikely to cause any significant noise issues. This is also likely to be the case when decommissioning works are carried out.

8.48 NLC Protective Services sought further information on points of clarification in terms of noise and has confirmed that the noise impact assessment methodology and findings are acceptable. It is recommended that a condition be placed on any consent applying overall noise limits, a condition relating to amplitude noise and in this case, given the use of proxy data, a condition requiring the monitoring and compliance with the required noise limits.

8.49 Shadow Flicker: The Scottish Government Onshore Wind Farms factsheet indicates that shadow flicker should not be an issue where a separation distance of 10 rotor diameters is retained between the turbine and nearest dwelling. In this case 10 rotor diameters represent 900 metres. The nearest property is Easterton farm, approximately 690 metres to the south. The ES submitted by the applicant includes a chapter assessing shadow flicker and concludes that ‘since shadow flicker is only likely at a distance of up to 10 rotor diameters from the turbines and within 130 degrees of north, no significant effects are predicted’. On this basis it is considered that none of the nearby residential properties would be affected by shadow flicker and therefore the proposed wind farm is acceptable in this regard. Next nearest property. A condition is recommended in considering this potential impact resulting from the development.

8.50 Distance from Road, Ice Fall, Ice Throw and Malfunction: SPG 12 requires that turbines be positioned more than 1.5 times their overall tip height from any road or railway. The nearest turbine to the nearest Public Road (Arbuckle Road) is T4 at a distance of 430m. There is no statutory set back distance from a public road but it is accepted good practice to apply a setback distance of 1.5 times the overall height of the turbine to blade tip. In this case that would equate to 188m which is adequately met. Given the climatic conditions of the site it is considered highly unlikely that this would occur; however, it is considered prudent that a condition be placed on the consent requiring ice throw mitigation.

8.51 Core Paths: While there are a number (5) of core paths within 2 km of the site boundary only core path 161 crosses the site. The design of the onsite access tracks has taken account of the route of core path 161 which crosses the eastern part of the site. Part of the access track has been aligned with the core path to improve the condition of the path enabling greater public access. In considering temporary access management the applicant proposes a temporary diversion of core path 161 including notification and signage to be in place during construction to assist in managing public access. Details of this will be included in the construction management plan which is the subject of panning condition. Once operational the applicant anticipates the incorporation of enhancement measures to improve public access and visitor interests in the development and the core path will provide enhanced positive effects.

8.52 In accordance with the SPG this standoff distance would be used for well used public roads where the risk to motorists was substantial should malfunction occur. Although this is a well- used footpath network, in relative terms when compared to motorways or A-roads which the SPG guidance is aimed at, it is considered that the numbers of pedestrian at potential risk from turbine malfunction would be minimal. It should also be considered that at times of most likely malfunction (high winds, severe weather conditions) the number of likely path users will be low.

8.53 Aviation, Radar and Telecommunication Interference: The Ministry of Defence (MOD) have no objection to the application but have recommended that warning lighting on the turbine. A suitable condition is therefore recommended.

8.54 Glasgow Airport initially objected to the application on the basis that the proposed turbines will be visible to the radar at Glasgow Airport as ‘clutter’ on the radar screen, resulting in a detrimental effect on the operations of Air Traffic Control. However, this objection has been subsequently withdrawn subject to conditions as suitable mitigation has been identified and agreed. Conditions requiring the implementation of this agreed mitigation and ensuring that it remains in place for the duration of the development are considered reasonable.

8.55 NATS initially object to the development on the grounds that the turbines would appear as unwanted clutter on their primary radar system. They subsequently confirmed that potential impact on aviation radar can be mitigated within a reasonable timescale and as such suspensive conditions may be attached to any consent requiring details of the mitigation scheme to be agreed and then implemented prior to any works starting on site.

8.56 No impact on telemetry links were identified as being affected following consultation.

8.57 In terms of TV/ Radio reception and radio waves it is noted that following the digital switchover the impact of wind turbines on these signals is anticipated to be negligible. To ensure this is the case it is considered prudent to include a condition should planning permission be approved ensuring that an assessment of TV reception is carried out before and after the wind farm is constructed.

8.58 Transport Route, Access Considerations and Infrastructure: Transport Scotland has no objection subject to conditions relating to abnormal loads route including any accommodation measures required such as removal of street furniture junction widening etc. and traffic management.

8.59 A new access junction to the required standard is proposed and will be provided on to Telegraph Road to achieve the minimum required visibility splays. The applicant has provided details of the location of the proposed junction sufficient to enable further dimensional detail to be conditioned. It is considered that a traffic management plan would also be required in order to avoid potential conflict with existing road users.

8.60 Cultural Heritage: A Scheduled Monument (Avonhead Colliery) has been identified on this site and considered in the submitted environmental statement and I refer you to consultation response from Historic Environment Scotland in this report (section 6.) an assessment of impact on the historic environment both direct and indirect was undertaken by the applicant and concluded as follows.

Direct effect: No significant direct effect on archaeological remains or wider historic environment has been identified.

Indirect effect: No significant adverse indirect effects on heritage assets or the wider historic environment has been identified. Effects on the setting of the scheduled remains of Avonhead colliery, part of which falls within the site are not anticipated to give rise to a significant adverse effect.

8.61 Restoration: As the development would involve more than three wind turbines it is advised that should planning permission be approved then restoration of the site should be secured through a planning condition requiring a restoration bond.

8.62 In considering the provision of the development plan it may be concluded that while the application does not concur with the spatial framework set out in the SDP for potential wind farm development, scope is provided, through the Local development plan enabling further detailed assessment to consider local circumstance. In this case wind energy development is deemed to be acceptable as it has been demonstrated that potential significant effects on the qualities of the area can be substantially overcome by virtue of siting, design, integration or other mitigation.

9 Other material considerations

9.1 Scottish Planning Policy (SPP): provides guidance in relation to assessing planning applications for onshore wind proposals. This advises proposals should always take account of spatial frameworks for wind farms where these are relevant, as such, SPP is considered within the hierarchy of policy in the context of the Strategic Development Plan.

9.2 Carbon Balance: The applicant has undertaken a carbon balance assessment in accordance with the Scottish Government guidance ‘Calculating carbon saving from wind farms on Scottish peat lands – A New Approach. This compares the carbon savings attributable to the proposed wind farm through the displacement of fossil fuel generation with the carbon costs attributable to its construction, operation and decommissioning. The applicant advises that the development will effectively payback its expected carbon cost from its manufacture, construction and decommissioning within the first two and a half years, dependant on the alternative source of electricity being replaced. The submitted supporting information illustrates that the development is likely to generate over 22 years’ worth of carbon free electricity over the lifetime of the turbine.

9.3 Overall the development is considered to comply with the relevant Scottish Planning Policy which strongly promotes where spatially appropriate the use of renewable energy in its subject policy ‘a Low Carbon Place’ in delivering electricity from renewable sources.

9.4 Representations: In terms of the letters of objection noted in section 7 above the following comments are offered:

i The addition of these turbines will result in a negative cumulative visual impacting on visitors to the area.

ii The proposed wind farm would become the dominant and defining element in the landscape and result in an unacceptable cumulative visual impact.

Response: In terms of points (i & ii) the landscape and visual impact is addressed within paragraphs 8.8-8.29 above. The proximity of the wind farm to settlements and individual properties and the impact on surrounding landscape character is discussed in detail. In summary, it is considered that there is landscape capacity to accommodate the wind farm, there are cumulative impacts but these are not considered significant and it is recognised that there will be significant adverse visual impacts but these would not be so significant to render individual properties unattractive places to live. On balance, overall it is considered that the landscape and visual impacts are acceptable not least as extant permission for 8 turbines on the adjacent site to the west already allows for significant impact.

iii The Environmental Impacts of the proposal have not been properly assessed including a negative impact on wild life. . Response: The application is supported by an Environmental Impact Assessment. This has been reviewed by the planning service and consultees. The methodology and findings are considered acceptable.

iv An unknown quantity of chemicals and gases (from the sites industrial legacy) will be released into the atmosphere and to neighbouring land due to the disturbance of peat during the construction phase. There are too many future expectations with this scheme in terms of addressing potential issues associated with industrial and mining legacy.

Response: The applicant will be required by planning condition to submit a site investigation peat management plan in accordance with current guidelines prior to commencement of works should members be minded to approve the application.

v Wind turbines are an inefficient alternative supply of power.

Response: This is not a material planning consideration.

vi The removal of peat from the site will result in flooding of nearby settlements due to peat displacement.

Response: The removal of peat is subject to planning condition requiring it to be removed in accordance with current guidelines.

vii There will be an impact from large vehicles during the construction phase.

Response: There will be an impact from vehicle movements during the construction phase, however, on balance this is not an appropriate reason to refuse planning permission.

viii There is no viable radar solution that can be realised in a viable time period.

Response: Radar mitigation solution has been identified and can be realised within an accepted time frame.

ix The proposal will result in an unacceptable noise impact on neighbouring properties which has not been properly presented in the submission.

Response: The applicant has submitted sufficient information in order to assess the noise impact from the development on surrounding properties.

x The proposal is contrary to SPG 12 in that it does not concur with the parameters set out in this document relating to wind farm search areas.

Response: The supplementary planning guidance provides a guide to favoured areas for this type of development and given the acceptance of turbines in the adjacent permission is considered acceptable.

xi the proposal will result in wind shadowing to the neighbouring consented proposal.

Response: Micro siting of the proposal should members be minded to approve the application should avoid wind shadowing to neighbouring turbines.

10. Conclusions

10.1 Taking into above into account while it is considered that the proposed development does not concur with the spatial framework set out in the SDP for potential wind farm development, scope is provided, through the Local development plan enabling further detailed assessment to consider local circumstance. In that respect, Local Plan Policies NBE3B, EDI 3A2 (including SPG) and DSP4 of the relevant Scottish Planning Policy support the proposal. The information submitted with the planning application including the Environmental Statement has provided sufficient evidence that the wind farm, with mitigation measures in place, could be accommodated within the site without causing significant detrimental environmental impact. Detailed consideration and significant weight has been attached to the concerns of visual impact particularly in relation to individual properties which lie within 2km of the site. Whilst it is acknowledged there will be some impact on visual amenity, to varying degrees of severity, it is considered that this does not outweigh the environmental benefits of this proposed wind farm. All matters raised by consultees have been considered and can be adequately be resolved through appropriate planning conditions. Due consideration has been given to the representations objecting to the application; however, no reason has been found to uphold them and warrant the refusal of this application. It is therefore recommended that planning permission is granted subject to conditions.

Application No: Proposed Development:

18/00281/FUL Erection of 42 Dwellinghouses, Landscaping and Associated Infrastructure Works Site Address:

Land To North Of Coyle Drive Gartcosh

Date Registered:

23rd March 2018

Applicant: Agent: Springfield Priorities PLC N/A Springfield House 3 Central Park Avenue Larbert FK5 4RX

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 06 Gartcosh, Glenboig And Moodiesburn 9 letters of representation received. Willie Doolan, Greg Lennon, Michael McPake,

Recommendation: Refuse

Reasoned Justification:

The proposed development is contrary to DSP 4 (Quality of Development) of the North Lanarkshire Local Plan (2012) as the noise levels experienced at the site, due to proximity to the M73 Motorway, are deemed to be in excess of acceptable levels thereby offering an extremely low level of amenity for future residents.

Note to Committee: Should planning permission be approved, no decision notice should be issued until a Legal Agreement has been concluded securing the required financial contributions towards education, roads infrastructure, off-site play provision and affordable housing.

Reproduced by permission of Planning Application: 18/00281/FUL the Ordnance Survey on Name (of applicant): Springfield Priorities behalf of HMSO. © Crown Copyright and database right PLC 2009. All rights reserved. Site Address: Land To North Of Ordnance Survey Licence Coyle Drive number 100023396. Gartcosh North Lanarkshire

Development: Erection of 42 Dwellinghouses, Landscaping and Associated Infrastructure Works

Recommendation: Refuse for the Following Reason:-

1. It has not been demonstrated that road noise on the eastern and south-eastern parts of the site, nor that the general noise levels on the site, which are significantly above World Health Organisation recommended limits, can be satisfactorily mitigated thereby conflicting with Planning Advice Note 1/2011: Planning and Noise and Policy DSP 4 (Quality of Development) of the North Lanarkshire Local Plan.

2. The proposed acoustic bund/fence is considered to be an unacceptable engineered feature which will have a detrimental impact on Plots 1 to 5, in particular and would create a poor standard of residential amenity. The solution to address the site levels/noise issues on this site will have a detrimental impact on the visual amenity of the area, particularly when viewed from the M73 mototrway.

Background Papers:

Consultation Responses:

Memo from NLC Greenspace dated 11.4.18. Memos from Environmental Health (including Pollution Control) dated 4.4.18, 16.4.18, 30.4.18, 1.5.18, 8.6.18, 15.6.18, 18.9.18, 25.9.18, 7.11.18, 7.1.19 and 15.1.19 Letter from Scottish Environment Protection Agency dated 9.4.18 Emails from NLC Affordable Housing Consultations dated 1.5.18 and 2.5.18 Letter from Scottish Water dated 24.5.18 Memo from Play Services Manager dated 16.4.18 Memo from Traffic & Transportation dated 31.8.18 Memo from Education dated 25.4.18

Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500

Report Date:

21st January 2019

APPLICATION NO. 18/00281/FUL

REPORT

1. Site Description

1.1 The site is approximately 1.98 hectares in size and lies to the east of Mount Ellen, on the periphery of Gartcosh. The land has the appearance and character of a greenfield site (rough grassland), although the land to the south is a fairly recently constructed residential site (granted permission in 2008). There are existing, protected trees on the northern boundary and the site slopes downwards from south to north.

1.2 An established residential area is located to the south of the site, the M73 to the east, the historic Drumcavel quarry is located to the north and an area of protected woodland is located to the west with golf course beyond. The site is located within the Gartcosh and Glenboig Community Growth Area (CGA)

2. Proposed Development

2.1 Proposed is a development of 42 dwellinghouses within the approved Gartcosh and Glenboig CGA boundary, the development therefore forms part of a wider residential land allocation which involved the recently constructed dwellings to the south of the site that access to the proposed site must go through. The mix of dwellings proposed is 30 detached and 12 semi- detached dwellings, all at two storey in height and half the dwellings have 3 bedrooms and the other half have 4 bedrooms. Access to the site will be taken through the existing Coyle Drive residential site via an extension to a closed off junction that was previously earmarked as an access into the site beyond. Surface run-off from the development will discharge to the Bothlin Burn to the north of the site. The 25% affordable housing requirement at the site requires a commuted sum to be paid to the Council.

2.2 An acoustic fence/bund measuring 5 metres in height will be sited between affected gardens on the eastern side of the site and M73 motorway to mitigate noise. The upslope and fence at the top of said bund will be incorporated within the garden ground of affected plots. To meet daytime noise levels from road noise, all 42 dwellings will require to keep windows closed and have ventilation measures installed. To meet internal acceptable night time noise levels, 11 dwellings require their windows to be closed to achieve the target level. All of the gardens fail to meet recommended day time standards

2.2 If permission is granted, a legal agreement is required to secure financial contributions for Education, Off-Site Play Provision and Affordable Housing before consent can be issued.

3. Applicant’s Supporting Information

3.1 The applicant has provided the following information in support of their application:

• Plans • Drainage Assessment • Flood Risk Assessment • Street Engineering Review and Supporting Information • Design and Access Statement • Planning Support Statement • Noise Impact Assessment • Protected Species Surveys • Tree Survey • Transport Assessment • Site Investigation Report

4. Site History

4.1 A Screening request was sought, ref.no. 17/01889/EIASCR Request for EIA Screening Opinion – Residential Development of Circa 42 Homes for and Associated Infrastructure and Works.

5. Development Plan

5.1 The proposals require to be assessed under the terms of the Strategic Development Plan and North Lanarkshire Local Plan and, in particular under the terms of:

• DSAP (Development Strategy Area Priority 3: Community Growth Areas) • Development Strategy Policies 1, 2, 3 and 4 (assessment of amount, location, impact and quality of development) • Policies HCF 2 B: location for (Medium term) Housing development • HCF3 (Assessing Affordable Housing Development)

5.2 Although not part of the development plan, the council has agreed Supplementary Planning Guidance relating to the CGA by way of a Strategic Development Framework (SDF) which sets out how the CGA will be developed, what strategic transportation measures are required to accommodate the proposed 3000 houses and how these measures will be delivered. This is a material consideration in the assessment of this application.

6. Consultations

6.1 NLC Housing raises no objection to the application. The affordable housing contribution requires to be delivered via a commuted sum, to be determined by the District Valuer.

6.2 NLC Learning and Leisure raise no objection to the application. There is a requirement for a financial contribution of £5340 per dwellinghouse that would be secured by way of a Legal Agreement. This figure has been agreed for all residential sites within the Gartcosh and Glenboig CGA.

6.3 NLC Play Services raise no objection to the application and have requested that a financial contribution of £500 per dwelling is paid towards play provision within the wider North Johnston Road area. For this application, the required contribution totals £21,000.

6.4 NLC Protective Services requested the provision of a site investigation (SI) report and noise impact assessment (NIA) in respect of motorway noise. The SI was submitted and is considered to be satisfactory subject to conditions in relation to water supply pipes, supplemental works (asbestos removal) and a remediation strategy being submitted prior to construction. The proposed site layout detailed provision of a 5 metres high acoustic fence/bund along the eastern boundary, however lying partially within plots 1-5. All 42 gardens areas within the site are above the World Health Organisation’s recommended limit of LAEQ of 55 dB(A), 40% of which have a large/very large significance of effect and all windows require to be closed during the day in order to meet recommended limits, 11 dwellings at night require this action. The concerns over general noise levels at this site were raised in meetings with the developer and conveyed in various emails and correspondence. In light of this, Protective Services remained concerned as to the suitability of this location for residential development in respect of the general noise environment.

6.5 NLC Traffic and Transportation raise no objection to the application. Detailed discussions have taken place in respect to the layout with additional supporting information and updated layouts provided. It is also highlighted that the use of Designing Street policy results in various design options, opposed to a standards based approach. To support the layout, a detailed Street Engineering Review has been provided. In respect to the other comments, it is highlighted that these have been supported through the Street Engineering Review (SER). No comments have been received on the updated layout and SER received. There are, however, no concerns raised over the relationship with the wider public road network.

6.6 SEPA have no objections to the proposals as the developer has demonstrated that the site can be developed through the submitted Flood Risk Assessment.

6.7 Scottish Water have no objections to the proposal as there is sufficient capacity within their infrastructure to accommodate the development.

6.8 NLC Greenspace raise no objection to the application. Comments are given on the proposed mitigation for the Great Crested Newts and it is considered that matters could be secured, where necessary, through planning conditions if permission was to be granted.

7. Representations

7.1 Following neighbour notification procedure and advertisement in the local press, 9 letters of representation were received. These are summarised as follows:

Roads & Transportation Issues

Access will be via an extension to the existing Coyle Drive access which will have a detrimental impact on the current residents of Coyle Drive due to increased volumes of traffic in the street once the development is completed and dangerous for children. Could an alternative access be provided? Coyle Drive will deteriorate and construction will take 2 years to complete, to the detriment of the area. Potential security and privacy issues. Johnston Road is in a poor condition at present and will be further affected by this proposal. Part of Coyle Drive is private. Traffic calming should be provided in the development.

Environmental Issues

More houses will cause additional noise issues beyond the existing noise issues that the existing dwellings in Coyle Drive are subjected to at the moment. Security and privacy will be affected by the additional traffic going through Coyle Drive. Access will cross over drainage pipework which could destabilise the drainage and impact on the adjacent SUDS pond. Will the SUDS pond be able to cope with the increased dwellings? Loss of view and adverse effect on amenity of existing residents and loss of privacy. Negative impact on wildlife in the area. A large section of the site is covered by a TPO and the potential removal of a large number of trees is of concern. There are bats in the area, are they affected by tree removal? There is high risk flood potential via Bothlin Burn that may impact the site and have a detrimental impact on home insurance. There is diminishing Green Belt in the area. There is red crested newt on the site which should be investigated.

Miscellaneous

The design of the houses are different from existing Bellway homes in Coyle Drive and the site under construction off Johnston Road, it will therefore have a negative impact on the overall visual appearance and character of the neighbourhood. More houses in the area will have a detrimental impact on the services in the area eg. schools and play facilities for children. There are no play facilities proposed within the estate for children. The gas pipeline and buffer zone must be confirmed.

8. Planning Assessment

8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and Clyde Valley Strategic Development Plan (SDP) 2012. The site falls within the Community Growth Area in the North Lanarkshire Local. This policy zoning actively supports housing development where any local school impacts and other Impacts can be addressed.

North Lanarkshire Council

8.2 The site falls within an area zoned as HCF 2B Locations for (Medium-term) Housing Development in the North Lanarkshire Local Plan and is identified as a Development Strategy Area Priority under policy DSAP3.

8.3 Policy DSAP3 (Development Strategy Area Priorities): The site falls within the area identified as the Gartcosh and Glenboig Community Growth Area. This policy required the production of a Strategic Development Framework (SDF) to be adopted as supplementary guidance along with Concept Statements and Masterplans. The Council subsequently approved an SDF in 2014. Similarly, the requirements of policy HCF3 Affordable Housing were also incorporated into the SDF. It is highlighted that this proposal meets those terms.

8.4 The proposed development also requires to be assessed against Development Strategy Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount of Development), the proposed development site was brought forward to form part of the housing land supply and complies in this regard. In terms of Policy DSP2, it is therefore consistent with the NLLP’s basic locational criteria.

8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance an education contribution would be required as well as off-site play provision and a commuted sum of off- site affordable housing contribution, secured via a legal agreement. Taking the above matters into account, it is considered that the proposed development broadly accords with Policy DSP3.

8.6 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. This also considers other impacts, such as amenity and privacy. In terms of the policy, proposals require to be assessed against a set of criteria.

a. Design Principles Including Provision for the Development and Links to Nearby Green Networks

8.7 The layout and nature of the housing proposed is considered to be acceptable, following a hierarchy of primary, secondary and tertiary spaces. The densities are considered acceptable, as are garden sizes and parking requirements. It is however considered that plots 1-5 rear gardens incorporating part of the acoustic bund is unacceptable and constraints within the site are such that this cannot be improved upon without a reduction in numbers, which the applicant is reluctant to do. Play provision will be provided off-site by way of a financial contribution to upgrade existing play facilities in the general area of the application site. Satisfactory linkages are also considered to be provided to the surrounding area.

b. Safe, Inclusive, Convenient and Welcoming Development

8.8 NLC Transportation raised no objection to the application, subject to conditions. Whilst some comments are given by NLC Transportation in respect to the internal layout, it is noted that the proposed site has been designed to take account of national policy guidance ‘Designing Streets’ in order to create a greater sense of place and provide a nature of street design that is more integrated and considered from a design perspective. Overall, it is accepted that a more design-led approach to the development has been achieved, whilst satisfactorily demonstrating functionality, safety and a good degree of passive surveillance from the proposed housing. The layout has also been supported by a Street Engineering Review.

c. Energy Resources and Sustainable Development

8.9 In terms of sustainable development, it is acknowledged that the site’s inclusion for development purposes has followed the local plan process in light of housing land supply requirements in the wider area and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

8.10 With regard to potential pollution impacts, air quality was considered and was found to raise no undue concerns. A noise impact assessment has been submitted as part of this application and raises significant concerns. A requirement for noise mitigation at one part of the site (5m high acoustic bund/fence) has been sought to mitigate against noise from the M73 on the eastern boundary. This is considered to be unacceptable in terms of its visual impact on the site and view from the motorway and the impact that such a structure would have on the amenity of future residents within the development site (the bund itself will be partially constructed within plots 1-5). The fact that all of the garden areas within the site will experience noise levels that are in excess of World Health Organisation’s recommended limit of LAEQ of 55 dB(A) of which 40% are predicted to have large/very large significance of effect is also unacceptable. Protective Services object to the proposals as all dwellings within the site would require to have windows closed with ventilation installed to meet acceptable noise levels internally during the day and 11 of the 42 plots would require windows closed in the evening.

e. Drainage and Water Body Status

8.11 A Flood Risk Assessment was submitted as part of the application and SEPA are satisfied with its findings and recommended mitigation works. A condition is proposed to ensure requirements of SEPA and general SUDS principles are satisfactorily achieved and a further condition is proposed in respect to the Developer meeting all requirements of Scottish Water.

f. Impact on Local Amenity

8.12 In terms of privacy, the generally recognised minimum distance between directly facing windows of 18 metres is satisfactorily achieved throughout the site. It is acknowledged that there would be a change in amenity for neighbouring properties as a result of the visual change from a field to residential development. While loss of view is not a material planning consideration, it is valid to consider visual impact. On this site, the principle of development has already been agreed through the local plan allocation. It is however considered that the adverse visual impacts of the engineered solution to site levels/noise mitigation would be detrimental both to existing residents in the adjacent area and any residents within the proposed site and commuters on the adjacent M73 motorway.

8.13 The whole site is significantly affected by noise to the extent that traditional noise mitigation measures alone, such as an acoustic bund/fence, will not be sufficient. The applicant argues that the Planning Service should accept a solution that will require their minimum noise standards to be achieved through the entirety of the site only when windows are kept shut and have ventilation installed. The Planning Service has been consistent in discouraging this type of mitigation across the wider area as it is not considered to offer an acceptable level of amenity to residents, as the choice of opening windows is an option residents should reasonably expect, particularly in the summer months for ventilation. Closed windows mitigation has been accepted on limited occasions on a site by site basis, however, in this case, the level of noise is such that all residents would be exposed to unacceptably high levels of noise should they choose to open windows and the noise experienced within amenity areas ie. gardens in daytime hours, is in excess of World Health Organisation recommended limit. On this basis, the proposal is not considered to result in a high quality of development and therefore fails to accord with Policy DSP4.

9 Other Material Considerations

Planning Advice Note (PAN) 1/2011: Planning and Noise, and associated Technical Advice Note

9.1 The PAN notes that the statutory planning system has a role to play in helping to prevent and limit the adverse effects of noise. Good acoustic design and a sensitive and pragmatic approach to the location of new development needs to be actively promoted to ensure that quality of life is not unreasonably affected and that new development continues to support sustainable economic growth. The Technical Note provides guidance in the preparation and evaluation of noise impact assessments. As noted above, it is considered that noise levels on the site could not be mitigated against in an acceptable way. Therefore it has not been satisfactorily demonstrated that the residential development, as proposed, is appropriate at this location and is therefore in conflict with the terms of the PAN.

North Lanarkshire Council - Noise Guidance for New Developments

9.2 This Protective Service’s guidance provides information to developers where noise sensitive developments are planned near to existing noise sources. It notes that only in exceptional circumstances will mitigation in the form of windows closed with other means of ventilation be considered acceptable. Proposals should aim to promote sustainable development and transport, and provide benefits such as a) reducing urban sprawl; b) reducing uptake of greenfield sites; c) promoting higher levels of density near transport hubs, town and local centres; and d) meet specific needs identified in the local development plan. The applicant contends that the proposals meet the terms of benefits a)-d) to allow acceptance of windows closed on this site. For clarity, it should be noted that mere compliance with the benefits noted above do not of themselves, constitute qualification of exceptional circumstance. Rather, it is for the Planning Authority to determine on a case by case basis, which proposals qualify as exceptional circumstances, in the expectation that the noted benefits form a minimum qualifying criteria. It is considered that the proposals do not support the aim of sustainable development, as the level is such that in the event that residents open windows, they would be exposed to unacceptably high forms of disturbance and would thereby place residents in a location which would offer an extremely low quality of environment. In addition, the noise experienced within amenity areas ie. gardens in daytime hours, is in excess of World Health Organisation recommended limit (see 8.10 above). Protective Services remain so significantly concerned that they have recommended refusal of the application. On this basis, the proposals are not considered to meet the terms of exceptional circumstances and in turn, windows closed is not considered an acceptable form of mitigation for excessive road noise and the excessive daytime amenity area noise is also a major failing.

Consultations:

9.3 In terms of the consultation responses received with the exception of NLC Protective Services, it is considered that, should the development receive planning permission, the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.

Representations

9.4 In response to the grounds of representation above in 7.1, these are commented on in the same order as they appear above:

Roads and Transportation Issues

Response: Notwithstanding the concerns expressed, a Transportation Assessment has been carried out and there has been formal consultation with the Council’s Traffic and Transportation Section. This has resulted in no objection on matters relating to the ability of the public road network to accommodate the development safely and in terms of capacity or the position of the access to the site. This is a conventional layout, there is no reason to believe that security or privacy would be an issue as the layout is in accordance with accepted principles. The road will be adopted by the Council, no part of it would be private. The proposed layout incorporates traffic calming principles.

Environmental Issues

Response: It is not considered that the additional dwellings will impact significantly in terms of additional noise for existing adjacent residents, however the site is impacted on existing noise levels from the M73 motorway road noise. It is not considered that the SUDS pond and infrastructure leading thereto would be detrimentally impacted on should the development go ahead. Scottish Water (infrastructure) and SEPA (flooding) are satisfied with the proposal, subject to conditions. Loss of view is not a material planning consideration when assessing a planning application. It is considered that a development could proceed on the site which would meet Council standards in terms of privacy and amenity. Appropriate ecological studies have taken place, including Great Crested Newt survey, at the site to safeguard potential issues including protected species and trees. No trees are affected by the proposal. Site has a residential allocation in the adopted local plan.

Miscellaneous

Response: The houses are all two storey and developers have different specifications which provides choice in the market. The applicant has agreed to pay contributions to the council for Education and play facilities in the area. The Councils Play Services team are satisfied to take a contribution towards off-site play provision. There is an adequate distance from the pipeline to the south.

10. Conclusions

10.1 Having considered the development against the Development Plan and other material considerations, it is considered that the proposals are not acceptable as it has not been demonstrated that noise can be mitigated in a satisfactory way. It is hereby recommended that the application be refused.

Application No: Proposed Development:

18/00444/FUL Construction of 291 Dwellings and Associated Works including Roads, Landscaping and SUDS and Installation of Temporary Sales Cabin

Site Address:

Site Off Gartferry Road Moodiesburn North Lanarkshire

Date Registered:

29th March 2018

Applicant: Agent: The Scottish Minister Per Greater Glasgow N/A Health Board Clydesdale House 300 Springhill Parkway Bailleston Glasgow Scotland G69 6GA

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 06 Gartcosh, Glenboig And Moodiesburn 92 letters of representation received. Willie Doolan, Greg Lennon, Michael McPake,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed residential development of 291 dwellings is considered to be in accordance with the relevant policies contained in the North Lanarkshire Local Plan 2012 and could be accommodated without unacceptable detriment to the character and amenity of the surrounding area.

Note to Committee: Should planning permission be approved, no decision notice should be issued until a Legal Agreement has been concluded securing the required financial contributions towards Education, Off-Site Play facilities and Affordable Housing.

Reproduced by permission of Planning Application: 18/00444/FUL the Ordnance Survey on Name (of applicant): The Scottish behalf of HMSO. © Crown Copyright and database right Minister Per Greater Glasgow Health 2009. All rights reserved. Board Ordnance Survey Licence Site Address: Site Off number 100023396. Gartferry Road Moodiesburn North Lanarkshire

Development: Construction of 291 Dwellings and Associated Works including Roads, Landscaping and SUDS and Installation of Temporary Sales Cabin

Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, or updated as required under the terms of any planning conditions, the development shall be implemented in accordance with drawing numbers:-

Location Plan & Layout SY-LP-01 (Location Plan), SY-SA-01 Rev A (Sales Cabin), SY-SL-01 Rev S (Site Layout)

Levels and Sections

17-085-21, 17-085-22, 17-085-23, 17-085-30, 17-085-34, 17-085-35, 17-085-36, SY-SEC-10 Rev A

House Types (x 14 house types), Kinnaird House Type

2018Garage,

Landscaping and Drainage and Topographical

17-085-20, 17-085-24, 17-085-31, 17-085-32, 17-086-33, Topo Sheet 1 of 4, Topo Sheet 2 of 4, Topo Sheet 3 of 4,

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

2. That before the development starts, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation (carried out in accordance with British Standard Code of Practice BS 10175: 2001 "The Investigation of Potentially Contaminated Sites") shall be submitted to and approved in writing by the Planning Authority; and any approved mitigation measures shall be associated with a implementation timetable and shall be completed and verification provided by the Developer to the satisfaction of the Planning Authority.

Reason: In the interests of public health, safety and wellbeing.

3. That any remediation identified by the site investigation agreed in terms of Condition 2 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling shall be occupied until a certificate (signed by a suitably qualified Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried in accordance with the agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.

4. That before the construction of any roads or houses, unless otherwise agreed in writing with the Planning Authority; full details of the final surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

5. That the surface water drainage scheme approved under the terms of Condition 4 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 CIRIA Manual and the approved plans.

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

6. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements.

7. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

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

8. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 7 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

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

9. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority.

Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.

10. That notwithstanding the generalities of Condition 9 above and prior to any construction work of any kind taking place, an Arboriculture Method Statement and Tree Protection Plan shall be produced by an experienced Arboriculture Consultant and submitted to the Council for approval. The scheme as approved shall be implemented and retained for the duration of the works on site.

Reason: To ensure that adequate tree protection measures are in place within the site.

11. That before the occupation of any houses, 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 SUDS area; (b) any communal fences and walls; (c) the acoustic landscaped bund and associated fence; (d) all other communal areas; (e) play provision within the site.

Reason: To ensure the maintenance of communal areas and infrastructure in the interest of amenity.

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

Reason: To ensure there is an adequate landscape maintenance scheme in place.

13. That before the construction of any houses, 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 amenity and design by ensuring that external materials are appropriate for the site.

14. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways and manoeuvring areas shall be completed to final wearing course.

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

15. 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 and thereafter implemented, prior to the related dwellinghouse being occupied.

Reason: To ensure the provision of adequate boundary treatment.

16. That if no development has started within one year from the date of the Ecological Constraints Survey compiled by Wild Surveys Ltd in March 2018 and the Elevated Potential Roost Feature Inspection Survey by EnviroCentre Ltd dated 15th January 2019, updated surveys shall firstly be carried out and the details of the findings of the surveys, including any mitigation measures shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, all identified mitigation measures shall thereafter be implemented in accordance with a timescale to be agreed with the Planning Authority.

Reason: In the interests of the protection of natural habitats and protected species.

17. That, notwithstanding the generalities of Condition 16 above, before development starts on site, Species Protection Plans are required for Badger, Water Vole, and Bats. These Protection Plans should seek to safeguard the species, habitat and foraging areas used by these species. Further surveys should be undertaken to identify the content of these plans. Once submitted, Greenspace and SNH will be consulted and satisfied with the content of the plans before works commence.

Reason: To ensure that adequate protection measures are in place for Badgers, Water Voles and Bats.

18. That before development starts, details of the proposed improvements to the bus stops on Gartferry Road, shall be submitted and approved in writing by the Planning Authority in conjunction with Strathclyde Partnership for Transport and NLC Roads and Transportation service.

Reason: To ensure that an adequate bus stop facilities are in place on Gartferry Road.

19. That before development starts, details of a proposed timetable for the works, approved under the terms of Condition 18 above, shall be submitted and approved in writing by the Planning Authority. The agreed works shall thereafter be implemented in accordance with the approved timetable.

Reason: To ensure that the works approved under Condition 19 above are implemented.

20. That within 6 months from the date that the development hereby permitted starts, a detailed scheme for the provision of play equipment shall be submitted to, and approved in writing by the Planning Authority, and this shall include:-

(a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area; (d) details of the implementation and phasing of these works.

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

21. That except as may otherwise be agreed in writing by the Planning Authority, BEFORE occupation of the 145th dwellinghouse within the development hereby permitted, all works required for the provision of equipped play area and, included in the scheme approved under the terms of Condition 20 above, shall be completed to the satisfaction of the Planning Authority..

Reason: To ensure that the play area has been implemented in a timeous manner.

22. That before development starts, full details of the proposed Signalised Traffic Light Junction shall be submitted to and approved by the Planning Authority and thereafter implemented prior to the occupation of the first dwellinghouse hereby approved or otherwise as agreed in writing, to the satisfaction of the Council as Planning and Roads Authority.

Reason: To ensure the provision of an adequate signalised junction to serve the site.

23. That, within 3 months from the date of this permission, details of the bund, acoustic barrier and landscaping to be provided along the full length of the northern boundary of the site, shall be submitted and approved by the Planning Authority in consultation with Transport Scotland and thereafter implemented, before any dwellinghouse within the site is occupied. This shall, for the avoidance of doubt, include cross sections through the site in a north – south direction, illustrating the acoustic boundary and its relationship with the residential dwellings within the site.

Reason: In the interests of residential amenity.

24. That notwithstanding the requirements of Condition 23 above and for the avoidance of doubt, there shall be no drainage connections from the development to the trunk road drainage system.

Reason: To ensure that Transport Scotlands interests are safeguarded

25. That all plots for which assessment shows that the significance of effect is large or very large should be provided with suitable acoustic glazing and acoustic venting to allow windows to be closed to achieve an acceptable level while providing adequate ventilation. For avoidance of doubt these are the plots where the predicted internal levels are 5dB or greater than the night time target level of 30 dB LAeq(8hour) . Before development commences, the affected plots must be identified and the mitigation measures proposed for each of these individual plots must be provided to, and approved in writing by, the planning authority.

Reason: To ensure that the affected dwellings have suitable noise mitigation measures incorporated as part of their build make up.

26. That before any dwellinghouse within the site hereby permitted is occupied, any noise mitigation measures agreed under the terms of Condition 25 above shall be installed to the satisfaction of the Planning Authority.

Reason: To ensure that appropriate noise mitigation is in place.

27. That before development starts, details of a pedestrian link at the western part of the site linking the development to the existing Right of Way (no. SS87) shall be submitted to the Council for approval and thereafter implemented within a timeframe agreed by the Council as part of this condition.

Reason: To ensure that an adequate access link is provided to the Right of Way.

28. That the Temporary Sales structure indicated in Drawing No. SY-SA-01 Rev A shall be removed on completion of the development hereby permitted and returned to its’ former condition to the satisfaction of the Council as Planning Authority.

Reason: This is a temporary structure. Background Papers:

Consultation Responses:

Emails from NLC Affordable Housing dated 1/5/18, 25/7/18 Memo from NLC Traffic & Transportation dated 26/6/18 and 21/12/18. Memo from NLC Greenspace dated 19/12/18. Memo from Play Services Manager dated 14/12/18. Letter from Transport Scotland dated 11/5/18 Letter from Scottish Water dated 3/4/18. Letters from Scottish Environment Protection Agency dated 19/4/18 and 17/8/18. Memo from Education dated 18/12/18. Memos and Emails from Environmental Health (including Pollution Control) dated 16/4/18, 1/6/18 and 17/12/18 Email from NLC Arboriculture dated 19/12/18. Letter from Strathclyde Partnership for Transport dated 13/4/18 and 14/12/18.

Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500

Report Date:

21st January 2018 APPLICATION NO. 18/00444/FUL

REPORT

1. Site Description

1.1 The site is approximately 24 hectares in size and lies at the northern periphery of Moodiesburn. This site was host to the former Stoneyetts Hospital and lies to the north of Gartferry Road, abutting an area of established housing. Gartferry Road is one of the main arterial routes through Moodiesburn, connecting the settlements of Chryston and Moodiesburn, leading to Junction 3 of the M73 and the M80/ M8 beyond. Over half the site is covered by a Tree Preservation Order (TPO), albeit that it is a blanket coverage quite a bit of the TPO allocation is made up of grassland and low quality trees.

1.2 The site is irregular in shape and is bounded by residential properties to the south and south east, vacant grassland to the north east and west and by the M80 motorway to the north. The former hospital was accessed via an existing, sub-standard access that presently serves a bowling green. On adjoining land, to the south west, planning permission has recently been approved for 60 dwellings and associated infrastructure for Persimmon Homes.

1.3 Access to the site is via a new access through land within North Lanarkshire Council ownership.

2. Proposed Development

2.1 The proposed development forms the majority of a wider residential land allocation which involves an area of land that has recently gained planning permission for 60 dwellings as mentioned above and amounts to some 2.9 hectares. This application is for the construction of 291 dwellinghouses with associated infrastructure. The mix of housing consists of 49 terraced of which there are three house types, 24 semi-detached of which there are two house types, 10 linked dwellings which is a single house type, 177 detached 4 bed dwellings of which there are seven house types and 31 detached five bed dwellings which is a single house type. All dwellings are two storey high and of traditional build, finished in facing brick, roughcast and concrete tiles with upvc windows and rain goods. It is proposed to maintain most of the better trees that form the TPO within the site, as well as pedestrian access throughout the site. Toddler play provision is proposed within the site with an element of older child provision being catered for off-site through a financial contribution, exact details of the onsite provision will be requested through the wording of an appropriate condition.

2.2 The site is accessed from Gartferry Road via a new priority junction onto a primary distributor type road with footways. Once onto the site, secondary accesses are provided before the layout breaks down, largely into loops of secondary and tertiary streets.

2.2 It is proposed to pay the Council a commuted sum for the 25% affordable housing requirement at the site to make up for the circa 74 units that would be required to be provided within the site for a development of this scale.

2.3 A SUDS area is located on the western side of the site and an area to the north east is identified as a compensatory storage area for flood water.

2.4 A legal agreement will be required to secure financial contributions for Education, an off-site Play facility and Affordable Housing provision, as no affordable housing is proposed to be provided within the site as stated above in 2.2.

2.5 It should be noted that the applicant has confirmed that the existing Bowling Green within the site is safeguarded and will remain so as long as it remains in use within the site.

3. Applicant’s Supporting Information

3.1 The applicant has provided the following information in support of their application:

• Plans • Landscaping Plans • Drainage Drawings • Flood Risk Assessment • Engineering Drawings/Levels/Site Sections • Street Engineering Review and Transport Assessment • Design Statement • Planning Statement • Drainage and SUDs Strategy/Flood Risk Assessment • Tree Survey • Protected Species Surveys • Noise Assessment • Pre-Application Consultation Report Design Statement • Site Investigation Information

4. Site History

4.1 No significant history other than EIA Screening Opinion for Residential Development in 2017 (17/00816/EIASCR).

5. Development Plan

5.1 The vast majority of the site is zoned as Policy HCF2 BB in the North Lanarkshire Local Plan for residential purposes. It is also noted that this site forms only one part of a wider single HCF2 BB zoning and that the access to that wider area may be required to be taken over the section subject of this application. A small part of the site, where access is taken from Gartferry Road, is Council owned and is currently allocated as Green Belt where Policy NBE 3A applies.

6. Consultations

6.1 NLC Traffic and Transportation raise no objection to the application. Detailed discussions have taken place in respect to the layout with additional supporting information and updated layouts provided. Comments have been made in respect to internal layout matters, including elements of the proposed footway provision, some street lengths and delineation and aspects of the driveway and parking delivery. From a planning perspective, it is highlighted that these are final outstanding comments following a detailed process of refinement where many aspects of the layout have been positively developed. It is also highlighted that the use of Designing Street policy results in various design options, opposed to a standards based approach. There are no concerns raised over the relationship with the wider public road network. From a planning perspective, it is highlighted that there are many aspects of the layout that have merit and looking at the layout as a whole, differing views on the approach taken in some instances are limited.

6.2 NLC Housing raises no objection to the application. In this instance it has been decided that a commuted sum given to the Council would be the best option for delivering the 25% affordable housing element that is required for a development of this scale.

6.3 NLC Pollution Control raise no objection to the application. In respect to the noise report and follow-up submission, the findings are considered generally acceptable and there is a requirement for an acoustic barrier to be constructed outwith the housing layout but between the site and the M80 motorway as well as appropriate glazing to be installed on a number of dwellings to mitigate against noise from the M80. This can be secured via conditions. Similarly, Site Investigation requirements can also be secured through conditions. Otherwise, matters of construction impact are raised and these could be addressed as advice in the decision notice.

6.4 NLC Play Services raise no objection to the application and have requested that a financial contribution of £500 per dwelling is paid towards play provision. They are satisfied with the proposed ‘toddler’ play area to be provided, centrally within the development, amounting to 1000 square metres. They have also stated that they will accept a financial contribution in lieu of on-site provision for older children to improve recreational facilities in the Moodiesburn locality. As stated above, this is calculated at £500 per dwelling, therefore the total contribution would be £145,500, however the amount payable to the Council for off-site provision will be reduced by the amount of money spent on the toddler play area.

6.5 NLC Greenspace raise no objection to the application provided that the recommendations within the protected survey reports are adhered to. Comments are given on the proposed mitigation and it is considered that matters can be secured where necessary through planning conditions. Suitable access should be provided from the development to Right of Way No. SS87. This can also be achieved via a condition.

6.6 NLC Arboriculture have no objection and welcome the fact that most of the trees are to be retained within the site. It is recommended that an Arboriculture Method Statement and Tree Protection Plan is produced by a suitably experienced Arboriculture Consultant prior to any construction work of any kind on site and compensatory planting should be proposed due to the loss of trees for the ‘bund’ construction. These two comments can be covered by appropriate conditions. There are a number of trees drip lines very close to new build curtilages, if the dwellings cannot be moved, the trees could benefit from pollarding. This can be assessed via an appropriate condition relating to tree removal and maintenance.

6.7 SEPA initially objected to the application due to lack of information. Following the submission of additional information the objection was removed.

6.8 Transport Scotland have no objections to the proposals, subject to conditions.

6.9 Scottish Water have no objections, however state that they cannot confirm capacity for water or foul drainage, therefore the developer must contact Scottish Water and complete a Pre- Development Enquiry form.

6.10 NLC Learning and Leisure raise no objection to the application. There would be a requirement for a financial contribution of £653,389.56 for the development (£2,245.32 per dwellinghouse) that would be secured by way of a Legal Agreement.

6.11 Strathclyde Partnership for Transport (SPT) have no objections provided that four bus stops are upgraded to SPT’s satisfaction to ensure that existing public services are made as attractive as possible in order to encourage public transport use and reduce reliance on the private car. A condition is proposed to ensure their comments are incorporated within any approval.

7. Representations

7.1 Following neighbour notification procedure and advertisement in the local press, 92 letters of representation were received. These are summarised as follows:

Roads & Transportation Issues

 Current Road network cannot withstand more housing as there are pot holes and sunken drains at present, therefore problems will exacerbated; has an appropriate, independent Transport Assessment been carried out?; NLC should focus on car free housing; a new junction and flyover should be constructed onto the M80 allow for this development to have no impact on Moodiesburn; why is an Emergency access required?; single access point is an issue due to proximity to traffic lights; increased traffic pollution in area.

Environmental Issues

 There will be noise issues within the site due to proximity to the M80; area used by local people for walks and is a valued area of greenspace for the community; negative impact on wildlife in the area, have appropriate surveys been carried out?; there are Rights of Way within the site; lack of childrens play facilities; the area floods in winter.

Miscellaneous

 Views through the site will be lost and the character of the area will be changed; cycling should be encouraged not put off by busier roads; affordable housing is being built in the wrong area and there is not enough proposed; the proposal is overdevelopment of the site and it is not a well thought out site for development; schools, doctors surgeries, health centres and all other services are oversubscribed at present, this will further exacerbate an existing problem; insufficient public transport network; 2 and 3 storey development is inappropriate at the site; an Environmental Impact Assessment should have been submitted; insufficient local facilities eg. Shops, coffee shops therefore adding more people doesn’t help the matter; existing sewers cannot cope; all residents in Moodiesbburn weren’t notified about the application; Brownfield sites should be considered before greenfield sites are released; there was inadequate community engagement; the old Strathkelvin Local Plan stated that there should be no more houses built in Moodiesburn until existing facilities are improved; footpath link through the site to existing street known as The Cuillins is not legal as it is private land and footpath around the site is not acceptable; house values affected; Council will get a hefty capital receipt which should go right back into Moodiesburn; Developers gain everything at a low cost; developers will inevitably swap land with other developers and the plans will alter; football pitch to the south will be separated by the ‘new’ access into the site, thereby creating a dangerous crossing for kids using the park.

8. Planning Assessment

8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and Clyde Valley Strategic Development Plan (SDP) 2012. As such, it can therefore be assessed in terms of the local plan policies. The site is zoned under Policy HCF2 BB (Further Locations for Housing Development) in the North Lanarkshire Local Plan (NLLP). This policy zoning actively supports housing development where any local school impacts can be resolved. A small part of the site, where access is taken from Gartferry Road, is Council owned and is currently allocated as Green Belt where Policy NBE 3A applies. Policies DSP1- DSP4 are also appropriate.

North Lanarkshire Council Local Plan

8.2 In terms of the primacy HCF2 BB zoning of the site, residential development is actively supported where local school impacts can be resolved. In this case, following consultation with NLC Learning and Leisure, taking into account local school constraints, a contribution of just over £2,245 per unit would be required. This will be secured by way of a legal agreement. The proposed development is therefore considered acceptable.

8.3 Part of the site is within a parcel of ground fronting Gartferry Road allocated as Green Belt. It is unusual in that it is a small parcel of land that is surrounded by residential properties on its southern and eastern boundaries, a consented residential site to the west and an allocated residential site to the north. The land in question is maintained open parkland, maintained by the Council. It is currently used for passive amenity use by walkers and there is a No Ball Games sign on the land in question. Losing the land as part of the development proposal is not considered to have any real impact on the area and there will still be a small playing field retained to the west of the site which creates an sense of openness at this part of Gartferry Road. The proposal is therefore considered to be acceptable in this instance.

8.4 The proposed development also requires to be assessed against Development Strategy Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount of Development), the proposed development site was brought forward to form part of the housing land supply and complies in this regard. In terms of Policy DSP2, it is therefore consistent with the NLLP’s basic locational criteria.

8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance an education contribution, a contribution towards off-site affordable housing would be required as well as off-site play provision, secured via an appropriate legal agreement. Taking the above matters into account, it is considered that the proposed development broadly accords with Policy DSP3.

8.6 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. This also considers other impacts, such as amenity and privacy. In terms of the policy, proposals require to be assessed against a set of criteria.

a. Design Principles Including Provision for the Development and Links to Nearby Green Networks

8.7 The layout and nature of the housing proposed is considered to be acceptable, following a hierarchy of primary, secondary and tertiary spaces. The layout has been developed to have good frontages and where these have not been possible, there is landscaping proposed to prominent public frontages. The densities are considered acceptable, as are garden sizes and parking requirements. Toddler play provision will be provided within the development and older children will be provided off-site by way of a financial contribution to upgrade existing play facilities in the Moodiesburn locality. Satisfactory linkages are also considered to be provided to the surrounding area. The development, although impinging on some local habitat, has appropriate mitigation proposed.

b. Safe, Inclusive, Convenient and Welcoming Development

8.8 NLC Transportation raised no objection to the application, subject to conditions. Whilst some comments are given by NLC Transportation in respect to the internal layout, it is noted that the proposed site has been designed to take account of national policy guidance ‘Designing Streets’ in order to create a greater sense of place and provide a nature of street design that is more integrated and considered from a design perspective. Overall, it is accepted that a more design-led approach to the development has been achieved, whilst satisfactorily demonstrating functionality, safety and a good degree of passive surveillance from the proposed housing. The layout has also been supported by a Street Engineering Review. In addition to the areas of formal open space (which are accessible and well positioned), throughout the layout it is proposed to incorporate additional landscaping with boundary hedging and tree planting. The above detailed design elements are considered to create a safe, welcoming development and in time, when landscaping within and around the development fully matures, one with strong green elements to supplement the existing mature landscape setting.

c. Energy Resources and Sustainable Development

8.9 In terms of sustainable development, it is acknowledged that the site’s inclusion for development followed the local plan process in light of housing land supply requirements in the wider area and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.

d. Air Quality, Noise and Pollution Impacts

8.10 With regard to potential pollution impacts, an air quality assessment was carried out and was found to raise no undue concerns. A noise impact assessment has been submitted as part of this application and raises concerns as a result of the sites proximity to the M80 motorway. A requirement for noise mitigation (3m high landscape bund and acoustic fence) is required to get the noise down to acceptable levels both within the garden areas and within the dwellings. All dwellings within the site have acceptable noise levels in the garden area and within the dwelling during daytime. Some of the dwellings, 14%, fail to make acceptable noise levels with windows open at nightime, however as this is the only unacceptable failing at the site with regards to noise, it is considered that, in this instance, a closed window policy with appropriate ventilation is acceptable. A condition is proposed seeking details of any increase glazing other than standard double glazing. No other pollution concerns have been raised through consultation that cannot be conditioned.

e. Drainage and Water Body Status

8.11 SEPA initially objected to the application due to lack of information. Following the submission of additional information the objection was removed. A condition is proposed to ensure requirements of SEPA and general SUDS principles are satisfactorily achieved and a further condition is proposed in respect to the Developer meeting all requirements of Scottish Water.

f. Impact on Local Amenity

8.12 In terms of privacy, the generally recognised minimum distance between directly facing windows of 18 metres is satisfactorily achieved throughout the site. Consultation has demonstrated there would be no other unacceptable pollution impacts from the development. It is acknowledged that there would be a change in amenity for neighbouring properties as a result of the visual change from fields and woodland to residential development. Whilst loss of view is not a material planning consideration, it is valid to consider visual impact. On this site, the principle of development has already been agreed through the local plan zoning. Most of the mature trees within the site will remain in-situ and there will be compensatory planting to offset the trees to be lost as a result of the development. On balance, this is considered acceptable from the perspective of visual amenity from the adjoining road and beyond.

8.13 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4.

Consultations:

8.14 In terms of the consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.

Representations:

8.15 In response to the grounds of representation above in 7.1, these are commented on in the same order as they appear above:

Roads and Transportation Issues

Response: Notwithstanding the concerns expressed, a Transportation Assessment has been carried out and there has been formal consultation with the Councils’ Traffic and Transportation Section. This has resulted in no objection on matters relating to the ability of the public road network to accommodate the development safely and in terms of capacity. A proposed signalised junction is proposed for the site. Car free housing areas is not supported by NLC. As the development has been reduced to under 300 dwelling units, a single access is acceptable, provided that it is to a certain standard, which it is, therefore a secondary / emergency access is not required in this instance.

Environmental Issues

Response: In relation to Noise issues from the M80 motorway, see 8.10 above where it concludes that, with appropriate mitigation, the vast majority of the site has acceptable noise levels. Although the site will be developed for housing, a substantial amount of land will remain undeveloped and retained as greenspace and wooded areas. Walking routes are still available within the site and the established Right of Way and footpath network on the western side of the side will be retained and unaffected by the development. Appropriate protected species surveys were carried out as well as a Tree Survey and the Council is satisfied with their findings and recommendations. Their concerns can be safeguarded through conditions attached to any planning approval. Toddler play facilities are proposed centrally within the site and a financial contribution is being paid to the Council for off-site provision for older children. With regards to flooding, drainage and ecology, detailed investigations have been carried out and these matters can be addressed through appropriate conditions being attached to any approval. A Flood Risk Assessment was submitted as part of the application and SEPA are satisfied with its findings and recommendations.

Miscellaneous

Response: The fact that existing views through the site will be lost is not a material concern, neither is house values. Cyclists rights will be unaffected by the proposal. While the concerns in respect to Green Belt are noted, it is highlighted that having gone fully through the examination process, the site benefits from a residential zoning in the North Lanarkshire Local Plan. Financial contributions are secured to go towards addressing impacts on schools. This, along with affordable housing provision and off-site play provision as well as on-site are supported in policy. While there is not a policy basis to secure mitigation for other local services, this development does contain open space and retention of walking routes, recreational space, play facilities and formal access to the western edge of the site and beyond to the north across the M80. In the absence of affordable housing within the site, an affordable housing contribution is being paid to the council which complies with the 25% requirement. Two storey development within the site is considered to be acceptable in this instance. Scottish Water are satisfied with the proposal subject to their clearance. Adequate neighbourhood notification took place and the community were informed of the development in an appropriate manner. The Strathkelvin Local Plan is a superseded document and has no part to play in this planning application. Access to the site via The Cuillins residential street has been removed. The Council receiving a capital receipt for the sale of land to allow for access into the site is a separate matter and not a matter that has any bearing on the departments’ recommendation. Any monies received will be spent over the Council area. The application has been treated on its own merits. Substantial payments, over and above the land price, will be paid by the developer in terms of infrastructure improvements, education, play provision and affordable housing contributions. It is often the case that part of large developments are swapped with or sold to other developers. Should the ‘new’ developer wish to amend the layout, a planning application will require to be submitted. Traffic lights and traffic calming will be in place at the new access into the site that will allow safe access to the existing football pitch.

9. Conclusions

9.1 In conclusion, following assessment of the application and notwithstanding the objections received, it is considered that the proposed residential development satisfactorily complies with the relevant policies of the North Lanarkshire Local Plan. It is therefore recommended that planning permission is granted, subject to conditions and a legal agreement to secure the financial contribution towards off-site Play provision, Education and Affordable Housing.

Application No: Proposed Development:

18/00875/FUL Residential Development of 61 Dwellinghouses

Site Address:

Former Sub Station Holytown Road Holytown North Lanarkshire

Date Registered:

5th June 2018

Applicant: Agent:

Miller Homes Ltd/SP Transmission PLC N/A Clydesdale House 300 Springhill Parkway Bailleston Glasgow Scotland G69 6GA

Application Level: Contrary to Development Plan:

Major Application No

Ward: Representations:

16 Mossend And Holytown One letter of representation received. David Baird, Frank McNally, Jim Reddin,

Recommendation: Refuse

Reasoned Justification:

Whilst the site is zoned for residential development on the North Lanarkshire Local Plan 2012 and therefore acceptable in principle, the proposals fail to meet detailed requirements on noise as the impact of road and rail traffic noise across the whole site cannot be mitigated in a satisfactory way, thereby the development does not achieve a satisfactory level of amenity for future residents rendering the proposals unacceptable.

Legal Agreement:

If minded to grant, planning permission should not be issued until the developer has completed a Section 75 Agreement with the Planning Authority to secure the appropriate level of financial contribution to education provision.

Reproduced by permission of Planning Application: 18/00875/FUL the Ordnance Survey on behalf of HMSO. © Crown Copyright and database right Name (of applicant): Miller Homes Ltd/SP 2009. All rights reserved. Transmission PLC Ordnance Survey Licence number 100023396. Site Address: Former Sub Station, Holytown Road, Holytown, North Lanarkshire

Development: Residential Development of 61 Dwellinghouses

Recommendation: Refuse for the Following Reason:-

1. The proposal fails to accord with policy DSP 4 (Quality of Development) of the North Lanarkshire Local Plan 2012 and PAN 1/2011 (Planning & Noise) as the closed windows solution for all 61 dwellings required to mitigate road and rail noise would not deliver an acceptable minimum level of amenity for residents throughout the site as some residents are likely to wish to open windows especially in the summer, and were they to do so, they would be exposed to significantly adverse levels of noise in terms of the specific nature, duration, and loudness of noise from rail in particular.

Background Papers:

Consultation Responses:

Memos from Transportation received 1st October 2018, and 2nd November 2018 Memos from Protective Services received 14th June 2018, 18th October 2018, and 11th December 2018 Memos from NLC Greenspace received 10th October 2018 and 28th November 2018 Letter from Education received 4th July 2018 and 5th December 2018 Memo from Play Services received 19th June 2018 Letter from Scottish Water received 12th June 2018 Letters from Network Rail Mining Team received 25th June 2018 and 14th December 2018 Letter from Scottish Environment Protection Agency 31st August 2018

Contact Information:

Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01236 632500.

Report Date:

16th January 2019 APPLICATION NO. 18/00875/FUL

REPORT

1. Site Description

1.1 The site previously contained a large electricity substation with hardstanding and is accessed off Leander Crescent and surrounded by a car sales showroom on Holytown Road to the north-west, tyre garage/car wash opposite Holytown Road to the north, and housing to the east. A network of curved railway lines converge directly south and west and carry passenger traffic on the west coast mainline as well as local routes, whilst the line nearest to the site carries freight traffic which operates through the Mossend Railhead where traffic is likely to increase in the future due to the approved expansion proposals. The site area is approximately 2.5ha and has been unmanaged for some time resulting in extensive undergrowth and semi-mature trees around its edges but particularly concentrated as a woodland within the southern section such that it presents an attractive natural character and appearance. The site is mainly a level platform but falls sharply at the southern end by approximately 2 metres in a short ramp before levelling out again next to the railway lines within the vicinity of the woodland.

2. Proposed Development

2.1 Permission is sought for a development of 61 dwellinghouses containing a variety of housetypes including detached, semi-detached, and terraced, all two storey in height and offering 3-4 bedroom accommodation. The development includes a play area set within an area of retained southern woodland, and SUDs pond located adjacent to the site entrance which is accessed from Leander Crescent. The street layout incorporates a loop and each dwelling has its own dedicated open space and parking. Some trees will be removed to make way for the development but the proposed open space at the south of the site will allow much of the tree belt to be retained. By siting dwellings within the current low lying southern area, this requires this part of the site to be raised whilst the remainder running north will be slightly lowered to ensure a suitable slope for drainage connections towards the existing network on Leander Crescent.

2.2 An acoustic fence measuring 2.4 metres high will be sited between affected gardens and road/rail noise sources to mitigate noise in gardens during daytime. Within the retained lower lying southern woodland area, a barrier measuring 2.6 metres high will also be provided on the site boundary. To meet night time noise levels within dwellings from road and rail noise, all 61 dwellings will require to keep windows closed and have ventilation measures installed, with some dwellings also requiring enhanced glazing and ventilation.

3. Applicant’s Supporting Information

3.1 The following information was submitted in support of the application:

 Public Consultation Report  Design and Access Statement  Ecological Report  Tree Survey  Street Engineering Review  Greenspace Study  SUDs self-certification  Noise & Vibration Impact Assessment & Planning Statement discussing noise policy  Factoring Arrangement & Energy Statement  Construction Methodology Statement  Housing Land Supply Assessments

3.2 In respect of the housing land supply assessments, the applicant considers that following review of related data, and in light of a recent appeal decision, there is an identified shortfall in housing land supply within the Council area that places significant weight on the positive determination of those sites allocated within the Adopted North Lanarkshire Local Plan and emerging Local Development Plan. In their Planning Statement, the applicant also considers that the proposals meet the terms of the Council’s Noise Planning Guidance of exceptional circumstances which accepts a windows closed solution for noise mitigation. The applicant considers that if the Council does not accept a windows closed solution for noise, that a number of sites allocated for housing in the Development Plan adjacent to noise sources (e.g. road, rail, industry), would be in jeopardy thereby increasing the shortfall in housing land supply.

4. Site History

4.1 Planning permission in principle was granted in 2009 for residential development (reference: 08/01423/OUT) which has since lapsed. More recently a request for an EIA screening Opinion was submitted (17/01608/EIASCR) which confirmed that an EIA was not required.

5. Development Plan

5.1 The site is zoned as HCF 2 A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012.

6. Consultations

6.1 NLC Transportation commented on access, parking, internal layout and Street Engineering Review.

6.2 NLC Education noted that there are currently capacity issues within Holytown Primary School and Christ the King Primary School and recommended an education contribution of £321, 387.97 to mitigate the impact of the development on the school estate.

6.3 NLC Play Services advised that a development of this size should provide 1500 square metres of play space, 500 square metres of which should be equipped. They welcomed the positioning of the play area within woodland and encouraged the use of innovative and natural forms of play which this arrangement supports.

6.4 NLC Protective Services note the previous use of the site and confirm that a comprehensive site investigation report will be required to address any contaminants. They also highlighted the proximity of the site to railways, road and nearby industrial uses. Upon review of a Noise and Vibration Assessment, Protective Services object to the proposals as all dwellings within the site would require to have windows closed with ventilation installed whilst some also require enhanced glazing and ventilation to mitigate noise from road and rail.

6.5 Network Rail raised no objections subject to conditions requiring suitable boundary treatment, drainage, landscaping and noise mitigation and advisory notes requiring construction to take cognisance of their boundary and that any changes in levels, laying of foundations, and operation of mechanical plant in proximity to the rail line be advised to them prior to works starting.

6.6 Scottish Environmental Protection Agency (SEPA) raise no objections.

6.7 NLC Greenspace were content with the proposals to retain part of the semi-mature native woodland within the southern part of the site which is a North Lanarkshire Biodiversity Action Plan Priority Habitat which the Council seeks to protect. They accepted the findings of the ecology report which found no evidence of protected species during the survey, noting this would be valid for a period of one year, thereafter an updated survey would be required.

6.8 Scottish Water highlight that there is a water main crossing the site access at Leander Crescent and that the applicant will be required to contact the relevant team directly. 7. Representations

7.1 Following the neighbour notification and press advertisement 1 letter of representation was received seeking clarification on a range of issues over boundary treatment, restrictions on construction and what impact the traffic lights proposed as part of the development will have on pedestrians.

8. Planning Assessment

8.1 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. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and the Clyde Valley Strategic Development Plan (SDP). As such, it can therefore be assessed in terms of the local plan policies. The site is zoned under policy HCF 2 A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan (NLLP). Policies DSP1-4 are also of relevance including DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development), as are Policies NBE 1A 5 (Protecting the Natural and Built Environment (a: Wildlife Corridors, and b: Trees and Woodland)), NBE 1A6 (Protecting the Natural and Built Environment (Protected Species)) and Supplementary Planning Guidance (SPG) 02 (Trees and Development).

Development Plan:

8.2 The principle of residential use has already been established as acceptable in the previous application and this is reflected in the site being zoned as a residential development opportunity under policy HCF 2 A1 (Sites for Short Term Housing Development). The development is therefore acceptable in principle subject to the detailed assessment against the other relevant policies.

8.3 With regard to Policy DSP1 (Amount of Development), the proposed development site has been brought forward to form part of the housing land supply, and complies in this regard. In terms of Policy DSP2, the site is brownfield and identified for housing and is therefore consistent with the NLLP’s locational criteria.

8.4 Policy DSP3 considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance impacts on local schools can be addressed by a financial contribution and the applicant is agreeable to entering into a Section 75 legal agreement should permission be granted. Taking the above matters into account, it is considered that the proposed development accords with Policy DSP3.

8.5 Policy DSP4 (Quality of Development) seeks to achieve a high quality of development by taking account of the surrounding context and ensuring proposals minimise any adverse environmental impact or loss of residential amenity. Proposals must achieve a high quality of design, creating a sense of place by incorporating open space, landscaping, and play space within a layout that provides a safe and convenient environment.

8.6 The proposal has been amended following discussions with Transportation and it can now be accommodated within the site without any adverse impact on road safety subject to conditions requiring traffic lights to be installed at the junction of Holytown Road and Leander Crescent, and that should any minor changes be required as a result of the Roads Construction Consent process, a revised layout should be submitted to ensure all layouts align. The internal layout achieves parking standards and suitably restricts vehicular speeds. The applicant’s engineer has certified that the SUDS scheme complies with the relevant guidance and SEPA and Scottish Water raised no objections to the proposals. Each property achieves an acceptable level of open space and raises no adverse overlooking or overshadowing issues and could be accommodated without any loss of amenity for neighbouring residents.

8.7 Whilst it is regrettable that some trees will require to make way for the development, extensive efforts have been made by the applicant in dialogue with the Council, to arrive at a layout and design which complies with Designing Streets principles, and which affords retention of a large area of the southern woodland as requested by Greenspace. Locating the play area within this natural space which is well in excess of play space requirements, offers exciting opportunities for bespoke, innovative, and natural forms of play not normally encountered within housing developments. The layout has been designed such that dwellings face directly onto the woodland on three sides, thereby providing passive surveillance of the play area, and ensures the woodland is fully embraced within the site as an enviable and valued asset, more likely to be used by residents. Properties are sufficiently off-set such that common concerns of maintenance from leaf fall, health and safety from falling branches, and sunlight/daylight are effectively designed out. The woodland provides an instantly mature setting for the dwellings, forming a vista off the main loop road where it is visible for a considerable distance, and results in a well designed development which pays respect to its natural attributes whilst accommodating a good balance of house styles. Similarly, whilst the SUDS pond requires to be sited at the northern end of the site to achieve connection requirements to the existing drainage network, its positioning here, coupled with enhanced landscaping and boundary treatment, creates a spacious and welcoming green gateway to the site. In design and layout terms, the proposals are therefore considered to comply with policy DSP 4.

8.8 In addition, in terms of the woodland, it receives protection under the Council’s Biodiversity Action Plan and policy NBE 1A5 (Protecting the Natural and Built Environment (a: Wildlife Corridors and b: Trees and Woodland)) and SPG 02 (Trees and Development) of the local plan as it is a Priority Habitat which the Council wishes to protect and acknowledge as an asset to new development which retains natural visual amenity. For the reasons discussed above, the proposals are also held to comply with these policies and SPG. Furthermore, Greenspace accepted the results of the ecology report which found no evidence of protected species during the survey, noting this would be valid for a period of one year, thereafter an updated survey would be required. Had the application been recommended for approval, this could have been adequately addressed by condition. The proposals therefore comply with Policy NBE 1A6 (Protecting the Natural and Built Environment (Protected Species)).

8.9 The amenity impacts upon future residents from noise must also be considered under policy DSP 4. The site is affected by road, rail, and industrial/commercial noise. The noise impact assessment (NIA) confirmed that noise is not likely to be an issue from nearby commercial/industrial operations, nor is vibration from the railway. An acoustic fence of 2.4 metres is proposed at affected gardens to mitigate daytime road/rail noise and whilst 3 properties will remain affected, the impact will be considered ‘slight/moderate’ as defined in the Council’s Noise Guide for New Developments and considered acceptable. In visual amenity terms, the height of this barrier is not considered excessive nor oppressive within a residential setting and is considered acceptable. Similarly, the 2.6 metres high southern barrier adjoining the retained woodland is suitably offset from dwellings and will be partly screened by trees rendering it acceptable.

8.10 However, the severity of maximum noise levels from road and rail, which are up to 31.7 dB above recommended limits, where levels exceeding 5dB are classified as major adverse in noise guidance, is such that acceptable night time noise levels can only be met by requiring all 61 dwellings to keep windows closed and have ventilation installed on at least one façade, with 50 dwellings requiring windows closed on both facades, whilst some dwellings will also require enhanced glazing and ventilation. In considering the site in the surrounding context it is noted that it lies directly adjacent to a busy main road at its northern boundary which carries high volumes of heavy goods vehicles whilst there is also a network of converging railway lines to the south and west. The nearest line is laid out on a bend and carries freight traffic from the Mossend Rail Terminal which operates at night time, where traffic is likely to increase following approval of expansion plans. Wagons slow rounding the bend or stop to give way to the adjoining passenger line. The NIA confirmed that the highest noise level recorded during the survey was attributable to wheel squeal from a freight train passing slowly on the curved section of track carrying 23 wagons. It’s important to note that it’s not only the loudness of this noise which is in severe excess of recommended limits, but also the type which is a high pitched screech which is likely to induce significant disturbance to those witnessing it particularly as its effect is exacerbated by the extensive number of wagons on the line which prolongs the sound. There is therefore not only a quantitative issue but also a qualitative noise issue at this location due to the type of sound created, its duration as a result of freight traffic, and its loudness which is considered to reduce amenity to unacceptable levels and offer future residents an extremely low quality of environment.

8.11 The whole site is significantly affected by noise to the extent that traditional noise mitigation measures alone, such as an acoustic fence, will not be sufficient. The applicant argues that the Planning Service should accept a solution that will require their minimum noise standards to be achieved through the entirety of the site only when windows are kept shut and have ventilation installed, whilst those properties most exposed will also require enhanced glazing and ventilation. The Planning Service has been consistent in discouraging this type of mitigation across the wider area as it is not considered to offer an acceptable level of amenity to residents as the choice of opening windows is an option residents should reasonably expect particularly in the summer months for ventilation. Closed windows mitigation has been accepted on limited occasions on a site by site basis but in this case, the level/nature/duration of rail noise especially as described above, is such that residents would be exposed to unacceptably high levels of noise should they choose to open windows. On this basis, the proposal is not considered to result in a high quality of development and therefore fails to accord with Policy DSP4.

9. Material Considerations

Planning Advice Note (PAN) 1/2011: Planning and Noise, and associated Technical Advice Note

9.1 The PAN notes that the statutory planning system has a role to play in helping to prevent and limit the adverse effects of noise. Good acoustic design and a sensitive and pragmatic approach to the location of new development needs to be actively promoted to ensure that quality of life is not unreasonably affected and that new development continues to support sustainable economic growth. The Technical Note provides guidance in the preparation and evaluation of noise impact assessments. As noted above, it is considered that noise levels on the site could not be mitigated in an acceptable way. Therefore it has not been satisfactorily demonstrated that the residential development, as proposed, is appropriate at this location and is therefore in conflict with the terms of the PAN.

North Lanarkshire Council - Noise Guidance for New Developments

9.2 This guidance provides information to developers where noise sensitive developments are planned near to existing noise sources. It notes that only in exceptional circumstances will mitigation in the form of windows closed with other means of ventilation be considered acceptable. Proposals should aim to promote sustainable development and transport, and provide benefits such as a) reducing urban sprawl; b) reducing uptake of greenfield sites; c) promoting higher levels of density near transport hubs, town and local centres; and d) meet specific needs identified in the local development plan. The applicant contends that the proposals meet the terms of benefits a)-d) to allow acceptance of windows closed on this site. For clarity, it should be noted that mere compliance with the benefits noted above do not of themselves, constitute qualification of exceptional circumstance. Rather, it is for the Planning Authority to determine on a case by case basis, which proposals qualify as exceptional circumstances, in the expectation that the noted benefits form a minimum qualifying criteria. It is considered that the proposals do not support the aim of sustainable development, as the level/nature/duration of rail noise especially, is such that in the event that residents open windows, they would be exposed to unacceptably high forms of disturbance and would thereby place residents in a location which would offer an extremely low quality of environment. In addition, Protective Services remain so significantly concerned that they have recommended refusal of the application. On this basis, the proposals are not considered to meet the terms of exceptional circumstances and in turn, windows closed is not considered an acceptable form of mitigation for road and rail noise.

Emerging Local Development Plan/ Housing Land Supply

9.3 The site falls within the General Urban Area on the emerging North Lanarkshire Local Development Plan (NLLDP), agreed by the Council in 2016 and again in September 2018 and forms part of the Council’s 2017 Housing Land Supply. The NLLDP identifies sufficient additional sites for housing development to meet more than the Housing Land Requirement in the Strategic Development Plan, whilst the 2017 Housing Land Supply Audit confirms that there is a generous 5 year supply of housing in North Lanarkshire and its constituent sub- market areas. Therefore, notwithstanding the information contained in the applicant’s Housing Land Supply Assessments, and citing of a recent appeal decision, the Council contends that there is no housing land shortfall within the Council area or the Motherwell Housing Sub- Market Area and therefore no need to develop this site as there are sufficient and sustainable housing development sites within the area to meet the needs of the growth aspirations of the Development Plan. In addition, for the reasons discussed in paragraph 9.2 above, it is not considered that other allocated housing sites adjacent to noise sources are in jeopardy, as each will be judged on its own merits in terms of the severity of the noise in terms of level/nature/duration.

Consultations

9.4 With regard to consultation responses not covered in the discussion above, had the application been recommended for approval, suitable conditions could be attached with respect to Network Rail’s request for a trespass proof fence and provision of SUDS, whilst advisory notes could be attached in respect of infrastructure upgrades, choice of planting, recognition of potential noise/vibration issues, non-disturbance to the operation of the railway, and works in proximity of the railway line.

Representations

9.5 In response to the queries about boundary treatment and the construction process, no details of these aspects of the development have been submitted at this stage. In the event of the committee approving the application conditions would be recommended requiring details of the boundary treatment and for limited details of the construction operations. In relation to the traffic lights, Transportation have their own requirements in this respect and pedestrian provision will be incorporated into the design.

10. Conclusions

10.1 Whilst the development is considered acceptable in principle due to its residential zoning, where extensive efforts have resulted in a well designed development set within a retained mature landscape, the proposals however significantly fail to meet noise requirements. The particular level/nature/duration of noise at this location is such that all dwellings would require to keep windows closed, and were residents to open windows, they would be exposed to unacceptably high levels of noise, thereby offering an extremely low level of amenity for future residents and is considered unacceptable. As such, it is hereby recommended that the application be refused.

Application No: Proposed Development:

18/01430/FUL 61 Single and Two Storey Dwellinghouses, Cottage Flats, Associated Landscaping and Drainage Works.

Site Address:

Site Off Dimsdale Road Wishaw

Date Registered:

11th October 2018

Applicant: Agent: NLC Enterprise And Housing New Supply Coltart Earley Architecture Fleming House 11 Clairmont Gardens 2 Tryst Road Glasgow Cumbernauld G3 7LW United Kingdom ML1 1AB

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 21 Wishaw 2 letters of representation received. Bob Burgess, Angela Feeney, Fiona Fotheringham, Jim Hume,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed residential development on this site is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding area.

Reproduced by permission of Planning Application: 18/01430/FUL the Ordnance Survey on Name (of applicant): NLC Enterprise And behalf of HMSO. © Crown Copyright and database right Housing New Supply 2009. All rights reserved. Site Address: Site Off Ordnance Survey Licence Dimsdale Road number 100023396. Wishaw North Lanarkshire Development: 61 Single and Two Storey Dwellinghouses, Cottage Flats, Associated Landscaping and Drainage Works.

Proposed Conditions:-

1. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- L(20)001, L(20)002, L(20)003, L(20)004, L(20)005, L(20)006, L(20)008, L(20)009, L(20)010, L(20)012, L(21)001, L(21)002, L(21)003, L(21)004, L(21)005, L(21)006, L(21)008, L(21)009, L(21)010, L(21)012, L(90)001, L(90)100, L(91)100

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

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

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.

3. That before the development hereby permitted commences, the design, location and finishing materials for the fences, gates and walls inclusive of the 1.8m high trespass proof fence on the boundary with Network Rail land shall be submitted to, and approved in writing by the Planning Authority. Thereafter all fences, gates and walls shall be erected in accordance with the details approved under the terms of this condition, unless agreed otherwise in writing by the Planning Authority.

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

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

(a) Details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) A scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; in particular this should include a detailed scheme of biodiversity enhancement, seasonal shrub planting and trees within and bordering the SUDS facility and the site entrance. Furthermore where trees/shrubs are to be planted adjacent to the railway boundary these should be positioned at a minimum distance from the boundary which is greater than their predicted mature height. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. Network Rail can provide details of planting recommendations for adjacent developments. (c) Tree planting proposals. (d) Bird and Bat Box installation where appropriate. (e) A detailed timetable for all landscaping works within the site and shall set out that the works be carried out contemporaneously with the development of the site.

For the avoidance of doubt, the details submitted to discharge this condition shall build upon the landscaping plans submitted as part of the application

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

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

Reason: To ensure the implementation of the landscaping scheme in the interest 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, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed grassed, planted and landscaped communal areas; (b) the proposed parking areas shown on the approved plans; (c) the proposed SUDS area; (d) any communal fences and walls inclusive of the noise attenuation screen and tresspass proof fence on the boundary with Network Rail land. (e) the bird and bat boxes

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

7. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.

Reason: To safeguard the residential amenity of the area.

8. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the materials shall be a well-considered palette to reflect the aims of Designing Streets and the materials agreed under the terms of condition 2 and 3 above.

Reason: In the interests of amenity and design by ensuring that the materials are appropriate for the site.

9. That no dwelling hereby permitted shall be occupied until the street and footway adjacent to it have been constructed to basecourse standard and the street and footway 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.

10. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways and manoeuvring areas shall be completed to final wearing course.

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

11. That, if as a result of the RCC approval process, the site layout requires to be altered in respect of the horizontal geometry of the roads, footway and footpath locations and design, on-street lay-by car parking and traffic calming, then a revised drawing shall be submitted to and for the approval of the Planning Authority.

Reason: To ensure consistency in the council's approval processes in its role as Planning and Highways Authority.

12. That should 12 months or more elapse between the timing of the initial ecological survey dated September 2018 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species including Badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'

13. That before any works start on the site a comprehensive and intrusive site investigation shall be carried out to determine the extent of historic coal mining on site which will allow any required remediation measures to be identified. A report detailing these investigations and remediation measures if necessary shall be submitted for the written approval of the Planning Authority in consultation with the Coal Authority. Once approved the mitigation works identified shall thereafter be carried out prior to the commencement of development on site.

Reason: To ensure that the development takes account of historic mine works.

14. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the Planning Authority. The investigation must be carried out in accordance with current best practice advice such as BS10175: ‘The Investigation of Potentially Contaminated Sites’ or CLR 11. The report must include a site specific risk assessment of all relevant pollutant 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 of the site.

15. That any remediation works identified by the report agreed in terms of Condition 14 above shall be carried out in accordance with an implementation timetable. This timetable shall be agreed in writing with the Planning Authority before any works start on site. No individual dwelling or flat shall be occupied until a certificate (signed by a chartered Environmental Engineer) has been submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the agreed Remediation Strategy.

Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.

16. That before the development hereby permitted starts written confirmation shall be provided to the Planning Authority that the transfer of funds has taken place between NLC Housing and NLC Play Services for the provision of an equipped play area within the local area.

Reason: To ensure compliance with the Council's policy on impact of development in that adequate provision of play facilities is provided to serve the site.

17. That prior to the commencement of development on site the details and specification of the required 3.5m acoustic barrier along the Southern Boundary of the site and the noise mitigation measures relating to the identification of the specific glazing and additional ventilation specifications required for the relevant properties within the site outlined in New Acoustics Train Noise and Vibration Impact Assessment Report Dated 6th December 2018 shall be fully specified in an acoustic mitigation plan from a suitably qualified person with Membership of the Institute of Acoustics and submitted to and approved in writing by the Planning Authority.

Reason: To ensure adequate noise mitigation measures in the interests of residential amenity.

18. That prior to the occupation of the first dwellinghouse the 3.5m acoustic barrier along the Southern Boundary of the site as approved in terms of the acoustic mitigation plan in terms of condition 17 above shall be completed and written confirmation from a suitably qualified person with Membership of the Institute of Acoustics shall be submitted to confirm that the barrier has been constructed in accordance with the details approved.

Reason: To ensure adequate noise mitigation measures in the interests of residential amenity.

19. That before the residential properties are brought into use written confirmation from a suitably qualified person with Membership of the Institute of Acoustics shall be submitted to and approved in writing by the Planning Authority, to confirm that the noise mitigation measures approved in relation to glazing requirements and venting as per the approved acoustic mitigation plan in terms of condition 17 above have been satisfied.

Reason: To ensure adequate noise mitigation measures in the interests of residential amenity.

Background Papers:

Consultation Responses:

NLC Roads Development Team received 17th December 2018 NLC Environmental Health (including Pollution Control) received 19th October and 13th December 2018 and 10th January 2019 NLC Greenspace received 14th November 2018 NLC Play Services received 15th November 2018 NLC Education received 14th November 2018 The Coal Authority received 24th October 2018 Scottish Environment Protection Agency received 22nd October 2018 Scottish Water received 16th October 2018 Scottish Power Energy Networks received 16th October 2018 Scottish Gas Network received 11th October 2018 Network Rail received 29th October 2018

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500

Report Date:

17th January 2019 APPLICATION NO. 18/01430/FUL

REPORT

1. Site Description

1.1 The application site is an area of rough grassland approximately 2.06Ha within an area designated for medium term housing development within a wider established residential area of Wishaw. The site is bound on three sides by residential development of varying scale and design including modern two storey detached properties to the west, traditional two storey terraced dwellings to the east and traditional single storey semi-detached bungalow style properties to the north. The site is bounded by a railway line to the south and the site slopes slightly from north to south but is generally flat.

2. Proposed Development

2.1 Planning permission is sought for the erection of 61 residential properties comprising 1 and 2 bedroom cottage flats, 2 and 3 bedroom two storey terraced and semi-detached dwellings, 2 and 3 bedroom semi-detached bungalow (wheelchair accessible) style dwellings and 4 bedroom two storey semi-detached dwellings with associated parking, open amenity space and SUDS facility.

2.2 Vehicular access would be taken from two locations on Dimsdale Road with one access point at the northeast corner of the site and the other located at the south east corner of the site. A secondary pedestrian access would be upgraded and provided from Dimsdale Road to Hospital Road close to its existing location. The proposed layout design incorporates an internal chicaned loop road which would also limit speed of vehicle travel by design, shared streets and parking courts. Private off-street and visitor parking would be provided to meet the Council’s standards. The applicant proposes to use various road surface materials, street alignment and building positioning to accord with Designing Streets principles.

2.3 A range of landscaping would be provided within the development site to the internal street layout including hedging, shrubs and tree planting. Boundary planting is proposed for the southern boundary of the site with the railway line as well as on a section of the western boundary. The SUDS area is located to the south of the site with a separate access off the private road that connects to Dimsdale Road at its termination to the south.

2.4 Each flat and house would be provided with front and rear garden areas and off street parking facilities. Visitor car parking would be distributed throughout the site. Details of the finishing materials would be submitted as a condition of the application.

3. Applicant’s Supporting Information

3.1 The applicant has submitted a Pre-Application Consultation (PAC) Report, Design and Access Statement, Street Engineering Review, Ecological Constraints Survey and Site Investigation / Coal Mining Risk Assessment Reports. In addition the applicant also provided a Noise and Vibration Impact Assessment in relation to railway noise as per the request from NLC Protective Services and Network Rail.

4. Development Plan

4.1 The application site is covered by policy HCF 2B Locations for (Medium-term) Housing development in the North Lanarkshire Local Plan and policies DSP 1-4 are also relevant.

5. Consultations

5.1 A summary of the comments received are as follows: i) NLC Roads Development Team The Roads Development Team have no objection to the proposed development subject to conditions relating to an extension to Dimsdale Road southwards, appropriate visibility splay, parking, footway and adequate service strip provision. In addition Roads recommended that a re-alignment of the west kerbline of Dimsdale Road is required to allow for a further length of parking and a reduction in the severity of taper at the northern tie in as well as suitable warning signage and carriageway markings should be provided. ii) NLC Environmental Health (Pollution Control) Pollution Control had required the submission of a Noise and Vibration Impact Assessment (NVIA) and has no objection subject to conditions relating to noise mitigation measures and further Site Investigation works to be submitted and approved by the Planning Authority. iii) NLC Greenspace Confirm no objection to the proposed development and comment that there are no nature conservation designations associated with the site, however it is located approximately 0.4Km from Greenhead Moss Local Nature reserve (LNR) which is separated from the development by a road and housing area. It is noted that an Ecological Constraints Survey was submitted and recommended that updated surveys should be provided if works are not carried out within a year of the survey being undertaken. Greenspace also recommend that any tree/shrub removal should be undertaken outwith the Bird Breeding Season and note that Japanese Knotweed was recorded on site and should be eradicated using an approved herbicide. It is recommended that the hedgerow surrounding the site be retained and enhanced as well as further enhancements to be incorporated within the development including tree protection measures, bird and bat box installation and planting schedules that benefit the ecology of the area. Greenspace note that there is no inclusion of a pedestrian connection to the existing path network in the south west corner of the proposed development and request that a pedestrian link is included in this area. iv) NLC Play Services No objection subject to provision of a contribution towards the upgrade of an existing NLC play area in the area with the rate calculated at £500 per house and £250 per flat. v) NLC Education As the land is owned by the Council and the proposed housing will be Council Housing, NLC Education confirm that a corporate decision has been taken that, whilst the impact of the development will have an impact on the school estate, the mitigation for dealing with the impact does not need to be resolved through the planning process. The council will deal with the finances through other budgetary means. It should be noted however that, in this area there are schools experiencing capacity pressures. Therefore, whilst a financial contribution has not been requested in this instance it is anticipated that developer contributions could be required for other developments in this area which are proposed in the future. vi) Network Rail Do not object to the proposed development subject to conditions relating to the provision of trespass proof fencing on the boundary with their land, SUDS compliant drainage provision, appropriate landscape planting adjacent to the railway line and the provision of a noise impact assessment. Network rail also request that construction works in proximity to the railway line be undertaken in a safe manner and early contact should be made with Network Rail’s Asset Protection Engineer. vii) The Coal Authority Do not object to the proposed development subject to a condition relating to comprehensive and intrusive site investigation works being carried out to determine the extent of historic coal mining on site and any identified remediation measures being carried out to the satisfaction of the Planning Authority in consultation with the Coal Authority.

viii) SEPA Confirm no objection to the proposals.

ix) Scottish Water Confirm no objection to the proposals.

x) Scottish Gas Networks Confirm no objection to the proposals.

xi) Scottish Power Energy Networks Confirm no objection to the proposals.

6. Representations

6.1 Following the standard neighbour notification and press advertisement process 2 Letters of representation has been received with respect to the proposed development and outlines the following concerns:-

 The proposed development represents an overdevelopment of the site and Dimsdale as a general area with a lot of development over the last 30 years in an area not designed for such amount of houses.

 The proposed development fails to have regard for the existing occupants of Dimsdale Road.

 The proposal to introduce 61 new dwellings does not take cognisance of the impact this will have on the existing road network/infrastructure. The increase in road traffic using Dimsdale Road to access Stewarton Street is going to be excessive at peak times causing a bottleneck. The Street Engineering Review does not consider the wider road impacts and it is noted that no Transport Impact assessment has been carried out to date which will identify these issues.

 The planning application fails to take any notice of the existing hedgerows and wildlife that currently exist in the area and the proposals will have a detrimental impact on wildlife, trees, flora and fauna.

 The proposed development will cause overlooking of adjacent properties adjacent to the proposed development due to the significant construction operations, introduction of overlooking on rear gardens that are not currently overlooked, and lack of sufficient screening.

 The proposals will have an impact on the value of adjacent properties.

 The existing infrastructure has not been upgraded unless to accommodate new housing and it appears the proposed development is the same with no benefits for the existing housing community.

 The lack of on-site Children’s Play Provision which was noted as a concern in the Pre- Application Consultation (PAC) with regard to this being dealt with by a financial contribution to off-site play provision which is not acceptable as there is adequate space to provide on-site provision. Furthermore the lack of on-site facilities will lead to children staying in the new development utilising the existing play facilities in the adjoining private housing development. This is already an issue with these play facilities being used by non- residents who use and also mistreat the play areas which are funded by the residents via a factor for the upkeep, repair and maintenance of these facilities and anti-social behaviour.

 The noise and disturbance associated with the proposed development which will create a large degree of noise from construction operations including noise from significant grouting works to consolidate the mine workings and capping of mine entry locations and potentially the foundation solution will be piled founds which will involve piling rigs. This will have a detrimental impact on the amenity of surrounding residents and a restriction on working hours should be implemented.

 The development of this greenbelt area will disturb pests and vermin which may be housed on the site currently and will drive those pests into neighbouring areas/property which will suffer a detrimental impact due to the risk of pest infestation.

 The currently an undesignated informal pathway which links Dimsdale Road to Hospital Road is proposed to be made a formal pathway and moved from its current position and the point of entry at Hospital Road which is across from the corner of our property which will result in a significant impact on our property. This will give rise to further pedestrian movements, may result in increased anti-social behaviour, congregation of undesirables and loitering and will impact on privacy and amenity of neighbouring properties.

 It was also noted that the Planning Portal from 7th November 2018 until the 13th November 2018 did not allow the public to make comments on this application via the planning portal and as such it is considered that the period time for interested parties to make comments should be duly extended.

7. Planning Assessment

7.1 This proposal raises no issues of a strategic nature and can therefore be assessed in terms of relevant North Lanarkshire Local Plan (NLLP) policies. The site is covered by local plan planning policy HCF2 B Locations for (Medium-term) housing development. The North Lanarkshire Local Plan also requires proposed developments to be assessed against DSP policies; DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, due to the scale and nature of the development, the proposal will be assessed against DSP 2, 3 and 4.

7.2 The main issues to consider in the assessment of the application is the compatibility of the proposal with current local plan policy, impact of the development on the site and surrounding residential area in terms of layout, design and on the residential amenity of the neighbouring development with regard to loss of light, overlooking, road safety and traffic issues.

7.3 The residential dwellings are proposed to be located on an area of open space designated as HCF2 B Locations for (Medium-term) housing development within the NLLP which outlines that the Council will satisfy a significant proportion of housing demand in the period of 2011 to 2018 through planned urban expansion in the Community Growth Areas (application site is located on a small section of the South Wishaw CGA) subject to the criteria within the supplementary planning guidance. Whilst zoned for housing one requirement for the CGA status is that the Council prepare a Strategic Development Framework but for various reasons that has not happened. As part of the emerging Local Development Plan it is now the Councils intention to deliver the CGA through sites dispersed throughout a much wider area. This site is one of the dispersed locations and is the only part of the CGA within the currently adopted Local Plan which still has a housing designation in the emerging Local Development Plan. The development of 61 dwellings for social rental would be viewed as a positive contribution to this location and surrounding residents. It is therefore considered the proposed development would comply with policy HCF2 B.

7.4 In terms of DSP2 (Location of Development) new development may be granted if consistent with the locational criteria including the reuse of Brownfield land. The proposed development would utilise a vacant area of open space and the existing infrastructure/services. The application is therefore considered to comply with the objectives of policy DSP2.

7.5 Policy DSP3 (Impact of Development) assesses the demand of new development on existing neighbouring community amenities and infrastructure and where new or extended amenities/infrastructure is required the cost to be met by means of developer contributions. As mentioned above NLC Play Service acknowledge the sites constraints in terms of size and would therefore accept a financial contribution to provide off site play provision to serve the site and surrounding community. A condition imposed ensures the transfer of money between the applicant (NLC Housing) and Play Service is carried out. The proposal therefore complies with the objectives of policy DSP3.

7.6 DSP 4 (Quality of Development) states that development will only be permitted where high standards of site planning and sustainable design are achieved. DSP 4 also requires all development to successfully integrate into the local area without causing any undue harm by relating well to existing surroundings and amenity through noise or disturbance. The general design guidance within DSP4 on new developments is augmented by the Council’s ‘Developers Guide to Open Space’. Combined this guidance considers housing density/mix, open space, detailed design, impact on amenity (privacy, overshadowing etc.) roads, access and parking.

7.7 Design Principles The applicant has submitted a Design Statement in support of the application which states that the scale and design including finishing materials of the dwellings would blend with the existing range of housetypes in the surrounding area. A variety of housetypes that would mirror the traditional street pattern with a contemporary approach and create interest and a sense of place. The new internal road would be to adoptable standards and in keeping with ‘Designing Streets’ principles and underpinned by a Street Engineering Review (SER). A significant number of the dwellings will front onto Dimsdale Road to help create a strong frontage at this location while providing predominately back to back housing within the body of the site. The layout opens up Hospital road and reintroduces it to the wider area with improved access, openness and passive supervision. High quality boundary treatments and a robust scheme of landscaping has been incorporated into the Design and the layout is fully engaged with and incorporated into the wider area while respecting the privacy and needs of existing residents. It is proposed to widen Dimsdale Road and provide lay-by parking and an additional footpath. This will serve to benefit not only new and existing residents on Dimsdale Road but, in addition, the residents of Dimsdale Crescent. The content of the statement is considered adequate and details of the layout have been subject to lengthy pre application consultation process.

7.8 Safe, Inclusive, Convenient and Welcoming Development The proposed site layout has been designed to take account of national policy guidance ‘Designing Streets’ in order to create an internal road network that slows traffic speed without additional traffic calming measures. As mentioned above in 6.1 NLC Transportation have no objections subject to conditions relating to an extension to Dimsdale Road southwards which is not considered to be necessary in this instance given the nature of the existing private road to the south of its termination and its private nature. In terms of appropriate visibility splay it is noted that Roads have requested that the visibility splay of the junction onto Dimsdale Crescent be increased to 4.5m by 60m instead of the 2.5m by 60m as shown, However given that the reduction of the visibility splay is due to the increased parking provision (17 Spaces) provided on Dimsdale Road via lay-by parking it is considered that the proposed visibility splay is acceptable in this instance. In terms of the requirement that a 2m footway be provided along the full frontage of the site along Dimsdale Road extending to the junction with Hospital Road it should be noted that the applicant has provided such a footway for the entirety of their ownership but that this terminates short of the junction with Hospital Road which is outwith their ownership. Whilst the comments from Roads and Transportation in relation to parking provision on the eastern side of Dimsdale Road are noted on balance it is considered that the proposed arrangement in its current form is acceptable in this instance. The comments in relation to suitable warning signage and carriageway marking provision are matters that can be addressed by the Road Construction Consent. The proposed provision of a secondary pedestrian access to Hospital Road will provide future connection between the proposed and existing dwellings. The proposed site layout includes a variety of housetypes and landscaping. There are 61 new barrier free properties being proposed with adequate garden space/amenity area satisfying the minimum guideline requirement. The properties are all well-proportioned internally offering a reasonable standard of residential amenity and parking provision. In terms of amenity the layout of the properties have been carefully considered to mirror the existing traditional street pattern on Dimsdale Road whilst the internal layout has a contemporary approach and creates interest and a sense of place in terms of scale, design and range of development within the immediate area. The site has no significant level issues the scale, design and positioning of the dwellings have been carefully considered and the result is a well-designed development in keeping with the scale and design of existing dwellings types that would create visual interest and not a visual intrusion. Although it is regrettable the existing mature trees and hedging will be required to be removed for the most part on the extremities of the site it is considered that the proposed landscaping proposed and benefits of the re-development of the site outweigh the retention of this planting. The proposed replacement planting on the southern boundary and part of the western boundary are considered to provide a sufficient buffer between the dwellings on the west and railway line to the south. The above detailed design elements therefore demonstrate the site achieves the aims and aspirations of Designing streets and the Councils Design Brief as a safe, welcoming development for all future residents of the housing.

7.9 Energy Resources and Sustainable Development The proposal will result in sustainable development through the installation of the SUDS facility to serve the development and will improve its visual amenity.

7.10 Air Quality, Noise and Pollution Impacts NLC Pollution Control have reviewed the ground conditions reports received with the application and confirm they have no objections to the proposed development. A condition of the application ensures a remediation strategy will be provided prior any development. In terms of the noise assessment, whilst mitigation measures that include windows closed would not normally be acceptable Pollution Control have advised that only a small number of the properties would be affected in terms of the maximum mitigation required due to the conservative approach employed by the consultant in drafting the Noise and Vibration Impact Assessment. Given the approach and the comments received by Pollution Control we are satisfied that in this instance the noise mitigation measures are proportionate and the development can be accommodated at this location without significant detriment to the amenity of future residents. Pollution Control have requested that conditions are attached for the submission of the details and specification of the required 3.5m acoustic barrier along the Southern Boundary of the site and the noise mitigation measures relating to the identification of the specific glazing and additional ventilation specifications required for the relevant properties within the site as well as post development verification.

7.11 Water Body Status SEPA confirm no objection to the proposed development. A planning condition ensures the SUDS drainage scheme will be undertaken to comply with SEPA’s SUDS guidance and will be verified by suitable chartered engineer.

7.12 Impact on Local Amenity The application site is located on a vacant site. A detailed scheme of boundary treatments would be secured through a planning condition to ensure appropriate treatments are in place to minimise any significant adverse amenity impacts on the proposed dwellings. The applicant has submitted detailed cross sections and proposed site levels and following detailed assessment of the site layout, it is considered that there are no significant adverse impacts on the amenity of the existing and proposed dwellings by virtue of overlooking, sunlight/daylight levels and privacy.

7.13 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4 and the national planning policy document ‘Designing Streets’ in that the development would create a successful well designed place through the use of shared spaces, careful building positioning and use of landscaping to slow traffic speeds within the site layout.

7.14 Turning to the letters of objection it should be noted:-

 The proposed development represents an overdevelopment of the site and Dimsdale as a general area with a lot of development over the last 30 years in an area not designed for such amount of houses.

Response: As noted in the assessment above the scale, design and positioning of the dwellings have been carefully considered and the result is a well-designed development in keeping with the scale and design of existing dwellings which will create visual interest and not a visual intrusion. Furthermore it is considered that there are 61 new barrier free properties being proposed with adequate garden space/amenity area satisfying the minimum guideline requirement. The properties are all well-proportioned internally offering a reasonable standard of residential amenity and parking provision.

 The proposed development fails to have regard for the existing occupants of Dimsdale Road.

Response: The proposed design and layout is considered to respect the privacy and needs of the existing and proposed residents and can be integrated without detriment to the wider area.

 The proposal to introduce 61 new dwellings does not take cognisance of the impact this will have on the existing road network/infrastructure. The increase in road traffic using Dimsdale Road to access Stewarton Street is going to be excessive at peak times causing a bottleneck. The Street Engineering Review does not consider the wider road impacts and it is noted that no Transport Impact assessment has been carried out to date which will identify these issues.

Response: As noted in the assessment above it is considered that the proposed development has been designed to take account of national policy guidance ‘Designing Streets’ in order to create an internal road network that slows traffic speed without additional traffic calming measures. The new internal road would be to adoptable standards and in keeping with ‘Designing Streets’ principles and underpinned by a Street Engineering Review (SER) furthermore it is proposed to widen Dimsdale Road and provide lay-by parking and an additional footpath which will further improve transportation links in the area. Having consulted NLC Roads Development Team they have no objections to the proposed development subject to appropriate conditions as noted above.

 The planning application fails to take any notice of the existing hedgerows and wildlife that currently exist in the area and the proposals will have a detrimental impact on wildlife, trees, flora and fauna.

Response: Although it is regrettable the existing mature trees and hedging will be required to be removed for the most part on the extremities of the site it is considered that the landscaping proposed and benefits of the re-development of the site outweigh the retention of this planting. A condition requires that the scheme of tree and shrub planting incorporates a detailed scheme of biodiversity enhancement and the placement of Bat and Bird Boxes within the site.

 The proposed development will cause overlooking of adjacent properties adjacent to the proposed development due to the significant construction operations, introduction of overlooking on rear gardens that are not currently overlooked, and lack of sufficient screening.

Response: The proposed development can be accommodated without detriment to the amenity of the existing and proposed residents in terms of overlooking as the development incorporates sufficient separation distances in terms of windows.

 The proposals will have an impact on the value of adjacent properties.

Response: The impact of development on the value of adjacent properties is not a material planning consideration in the assessment of the proposed development.

 The existing infrastructure has not been upgraded unless to accommodate new housing and it appears the proposed development is the same with no benefits for the existing housing community.

Response: As noted in the assessment above the proposed development includes proposals to widen Dimsdale Road and provide lay-by parking and as well as an upgrade footpath link to Hospital Road which will further improve transportation and pedestrian links in the area.

 The lack of on-site Children’s Play Provision which was noted as a concern in the Pre- Application Consultation (PAC) with regard to this being dealt with by a financial contribution to off-site play provision which is not acceptable as there is adequate space to provide on-site provision. Furthermore the lack of on-site facilities will lead to children staying in the new development utilising the existing play facilities in the adjoining private housing development. This is already an issue with these play facilities being used by non- residents who use and also mistreat the play areas which are funded by the residents via a factor for the upkeep, repair and maintenance of these facilities and anti-social behaviour.

Response: As noted in the assessment above NLC Play Services accept that a financial contribution towards improvements of off-site play facilities is acceptable in this instance. Any issues regarding the mistreatment or vandalism of play facilities is a matter for the police and not a material planning consideration in the assessment of this development.

 The noise and disturbance associated with the proposed development which will create a large degree of noise from construction operations including noise from significant grouting works to consolidate the mine workings and capping of mine entry locations and potentially the foundation solution will be piled founds which will involve piling rigs. This will have a detrimental impact on the amenity of surrounding residents and a restriction on working hours should be implemented.

Response: It is accepted that there will always be a degree of noise and disturbance associated with any development, however this will be for a temporary period and it is not considered that the disturbance would be such that it warrants refusal of the application in this instance. Furthermore having consulted NLC Protective Services they do not recommend refusal of the application on the basis of noise and disturbance from construction works but do recommend limits to construction working hours which are included as an advisory note should the committee be minded to grant planning consent.

 The development of this greenbelt area will disturb pests and vermin which may be housed on the site currently and will drive those pests into neighbouring areas/property which will suffer a detrimental impact due to the risk of pest infestation.

Response: It is not considered that the proposed development will give rise to disturbance of pests and vermin such as to cause significant detrimental impact due to pest infestation of surrounding properties sufficient to warrant refusal of the application in this instance. NLC Protective Services have indicated no concerns in this regard in their consultation response also.

 The currently an undesignated informal pathway which links Dimsdale Road to Hospital Road is proposed to be made a formal pathway and moved from its current position and the point of entry at Hospital Road which is across from the corner of our property which will result in a significant impact on our property. This will give rise to further pedestrian movements, may result in increased anti-social behaviour, congregation of undesirables and loitering and will impact on privacy and amenity of neighbouring properties.

Response: The proposed replacement/realigned footway provision between Hospital Road and Dimsdale Road does not significantly alter its position to a great degree. Whilst it is accepted that its new location would be closer to other residential properties bounding Hospital Road it is not considered that the re-alignment will encourage significant additional pedestrian movements, increased anti-social behaviour or increased impact on amenity of neighbouring properties to warrant refusal of the application in this instance. Furthermore any issues of loitering or anti-social behaviour are matters for the police.

 It was also noted that the Planning Portal from 7th November 2018 until the 13th November 2018 did not allow the public to make comments on this application via the planning portal and as such it is considered that the period time for interested parties to make comments should be duly extended.

Response: The matter relating to access to the Planning Portal was raised with the Council’s IT Service in order to resolve the issue at the time it was raised. The objector was advised of alternative arrangements to submit objections in the interim and the issue has now been resolved.

8. Conclusions

8.1 The proposed development is acceptable in terms of its impact upon the site and the surrounding residential area. The development would utilise the existing infrastructure, facilities, road network and an upgraded pedestrian path would provide a secondary connection between Dimsdale Road and Hospital Road and to the wider area. There would also be no unacceptable impact on environmental assets. The dwellings are considered to be of a good design and comply with the terms of the policies of the North Lanarkshire Local Plan in that the development does not result in the loss of amenity, affect the character of the surrounding area or harm road and pedestrian safety. The development could be comfortably accommodated within the site and there would be no negative amenity issues in terms of loss of sunlight or privacy of the neighbouring dwellings. In terms of the comments received in relation to Noise we are satisfied that in this instance the noise mitigation measures are proportionate to the development and that it can be accommodated at this location without significant detriment to the amenity of future residents. The proposed scale and design have remained sympathetic to the existing dwellings surrounding the site coupled with a scheme of landscaping would not have a significant adverse visual impact on the wider are. The application has been satisfactorily progressed to the position where outstanding and final detail can be confirmed via conditions. The proposed development meets the criteria set out in the development policies contained within the North Lanarkshire Local Plan. There are no material considerations that would merit refusal of this application. Accordingly, it is recommended that planning permission be granted.

Application No: Proposed Development:

18/01683/FUL Change of Use to Dog Grooming Salon

Site Address:

Unit 8 Garrell Business Centre 8 Garrell Road Kilsyth Glasgow North Lanarkshire G65 9JX

Date Registered:

21st November 2018

Applicant: Agent: Alba K9 N/A 219 Cedar Road Cumbernauld G67 3AT

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 Kilsyth No letters of representation received. Jean Jones, Mark Kerr, Heather McVey,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed dog grooming salon (Sui Generis) is considered acceptable in terms of the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The proposed development is unlikely to significantly adversely affect the surrounding industrial and business area.

Reproduced by permission of Planning Application: 18/01683/FUL the Ordnance Survey on Name (of applicant): Alba K9 behalf of HMSO. © Crown Copyright and database right Site Address: Unit 8 Garrell Business 2009. All rights reserved. Centre Ordnance Survey Licence 8 Garrell Road number 100023396. Kilsyth G65 9JX

Development: Change of Use to Dog Grooming Salon

Proposed Conditions:-

1. That, except for the requirements of conditions below or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings.

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

2. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the premises (Unit 8, 8 Garrell Road) shall be used as a dog grooming salon only and for no other purposes (including any other Use Classes in the Town and Country Planning (Use Classes) (Scotland) Order 1997). Except as may otherwise be agreed in writing by the Planning Authority, should the Dog Grooming salon use cease operating then the Unit will revert back to Use Classes 4 (Business), 5 (General Industry) and 6 (Storage/Distribution).

For the avoidance of doubt, the introduction of a dog kennel/boarding element of the business will require a further planning application.

Reason: To enable the Planning Authority to retain effective control and to ensure the building remains an ancillary facility to benefit the operation and viability of the adjacent industrial area.

3. Noise associated with the completed development shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 23.00 hours and N.R.C. 25 at all other times.

Reason: In the interests of the public amenity.

Background Papers:

Consultation Responses:

Memo from Environmental Health (including Pollution Control) dated 21st December 2018.

Contact Information:

Any person wishing to inspect these documents should contact Mr Colin Bradley at 01236 632500

Report Date:

17th January 2019 APPLICATION NO. 18/01683/FUL

REPORT

1. Site Description

1.1 The application site is located in an existing Industrial unit situated within a group of differing class uses at the Garrell Business Centre in the settlement of Kilsyth. This forms part of an identified Industrial Business Park and although currently zoned for industrial uses shall be re- allocated as a mixed use zone with the introduction of the proposed Local Development Plan.

2. Proposed Development

2.1 This application seeks full planning permission for the change of use from a (Class 6) storage unit to a dog grooming salon (Sui Generis) use only and no physical alterations are proposed.

3. Applicant’s Supporting Information

3.1 The applicant has provided a copy of the proposed business plan with regards to the business venture where the legal status is identified as a ‘Sole Trader’. The business proposal is to provide a range of behavioural services for dogs and owners and the business wishes to specialise in those dogs with a nervous disposition. It is intended to provide service to one dog at a time within the salon.

3.2 A range of additional services shall also be offered by the business such as dog walking and dog training, however these services shall not be undertaken within the proposed site.

4. Site History

 07/01425/FUL Extension to Existing Industrial Unit, granted on the 16th October 2007.

5. Development Plan

5.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

5.2 The application site is covered by Policy EDI 1 A1 (Existing Industrial and Business Areas) within the adopted North Lanarkshire Local Plan 2012.

6. Consultations

6.1 The Environmental Health department have requested that all waste arising from the business shall be disposed of in a manner that does not cause nuisance. The level of noise associated with this proposal shall be required to be controlled in relation to any residential dwelling. This potential noise issue shall be controlled through the use of a planning condition.

6.2 There is a further request with regards to the lighting and trying to control the levels of light pollution associated to the proposal. It is considered that this proposal shall not significantly alter the amount of light fittings to the external of the building and, as such, there shall be no significant alteration to the levels of light experienced outside the building.

7. Representations

7.1 Following the standard neighbour notification process and press advert, no letters of objection have been received.

8. Planning Assessment

8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature therefore it can be assessed in terms of local plan policies.

North Lanarkshire Local Plan:

8.2 The site falls within an area covered by Policy EDI 1A1 (Existing Industrial and Business Areas) which states that the Council will support the continuing industrial and business character of existing industrial and business areas. The proposal seeks to bring back into use a small unit that has been vacant for some time. In physical terms the unit forms part of a much bigger industrial/business area. In assessment against the relevant policy, the proposed change of use from business and industry unit to a dog grooming salon is considered, in this instance, to be an appropriate departure that would not adversely impact on the wider industrial location. It is considered that the proposal will not detract from the industrial function of the application site or the surrounding area due to the number of similarly sized industrial units still available. In this particular industrial estate, there is a mix of sizes of industrial units and the loss of one smaller unit to a non-industrial use is not considered to be a particular concern. Furthermore, the proposed building already houses non-industrial uses including a dance academy. The use has a particular requirement for an industrial location due to the potential noise issue of a dog grooming salon and a planning condition is recommended to restrict the use to the proposed dog grooming salon facility only in order to ensure that the character of the wider industrial area is protected. The potential physical amenity impact of the proposal on neighbouring properties is also deemed to be acceptable due to the nature of the proposed and established uses. In this respect, the application is considered to be an acceptable departure from policy.

8.3 The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the scale and nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3. Policy DSP 4 sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, integration into the local area, impact on traffic circulation and local roads network and avoiding harm to the neighbouring amenity. When assessed against the terms of policy DSP4 (Quality of Development), it is considered that the re-use of the vacant industrial unit can be integrated successfully into the surrounding area without detriment to the amenity of the existing industrial and business area. Furthermore sufficient infrastructure such as parking, access and turning areas are in place to ensure that the proposed use can be carried out and will be compatible with the wider industrial uses in the area.

Supplementary Planning Guidance:

8.4 A material consideration is the Supplementary Planning Guidance (SPG) 15 Industrial & Business Development, of which Section C is relevant. With reference to change of use proposals in Industrial and Business areas, the SPG states that the Council will not support proposals which would be detrimental to the cumulative economic importance of small scale industrial and business sites or proposals which would have a negative impact on communities and the wider environment. When the dog grooming salon facility proposal is assessed against this, it is considered that the proposal will not result in a detrimental impact on the cumulative economic importance of industrial and business uses in the Garrell Business Centre area of Kilsyth or have a negative impact on the adjacent business uses. The proposed use is suited to an industrial location given the noise potential and the distance from noise sensitive properties, e.g. residential areas. It is not therefore considered that the use of the vacant unit for a dog grooming salon facility would be to the detriment of the existing industrial and business area and would not result in a shortfall of premises for industrial or business use within this locale. Therefore the proposal is regarded as being in accordance with the Supplementary Planning Guidance.

8.5 Effect on Local Amenity: Due to the nature and operating hours, the proposed dog grooming salon is considered to be acceptable

8.6. Emerging Local Development Plan – it is noted that in the Council’s next plan this part of the industrial estate is proposed to be included within an extended Kilsyth Town Centre so in future such a proposal would be in accordance with the plan.

9. Conclusions

9.1 In conclusion, taking into account of all the circumstances relevant to this application, the proposed dog grooming salon is considered acceptable in this instance and will not result in an unacceptable impact on the character of this industrial and business area which is considered to be an acceptable departure from policy EDI A1 (Existing Industrial and Business Areas) of the North Lanarkshire Local Plan. Taking account of the provisions of the development plan and all other material considerations, it is recommended that permission be granted.