North Lanarkshire Council
Planning Applications for consideration of Planning and Transportation Committee
Committee Date : 16 February 2012
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved
1 APPLICATIONS FOR PLANNING AND TRANSPORTATION CO MM ITTE E
16th February 2012 Page Application Applicant DevelopmentlSite Recommendatior No. No 7 07/013411FUL Airtricity Erection of 3 Wind Refuse (P) Development (UK) Turbines and Ltd Associated Access Tracks and Substation Birnie Hill Windfarm Birniehill Road Hareshaw
20 10/01350/MSC Tulloch Homes Ltd Construction of 84 Flats Refuse (Approval of Reserved Matters Specified in Planning Permission 05/01935/OUT) Moodiesburn House Hotel 6 Cumbernauld Road Moodiesburn 28 11 /00764/MSC Dundas Estates & Residential Grant (P) Dev CO Ltd & Development of 114 Morston Assets Ltd Dwellings Comprising 18 Flats and 96 Houses Plus Related Access Roads and Footpaths (Phase One of Matters Specified in Conditions of Planning Permissions 07/0158310UT and 10/01203/AMD) Former Sheffield Forgemasters Calder Street Whifflet Coatbridge 41 11/00898/FUL Ogilvie Homes Demolition of Existing Grant (P) Building and Erection of Request for Site Visit & Hearins Residential Development (Comprising 96 Flats within Four Six Storey Blocks) including associated Roads, Parking and Landscaping. Seafar House Allanfauld Road Seafar, Cumbernauld
2 58 11/01OSO/ADV Mr Jim Bennett Erection of Canopy Refuse Sign (Retrospective) Gable End Of 18-28 Hamilton Road Motherwell
64 11/011701FUL Mr & Mrs William Erection of Grant Beck Dwelling house Land East Of 51 Wishaw High Road Cleland Mot herwe II
73 11/01225/FUL Central Scotland Formation of Grant Forest Trust Allotments, 2.4 Metre High Security Fence and Associated Parking Site At Fife Drive Forgewood Motherwell
80 11/012481FUL North Lanarkshire Demolition of Existing Grant Council Social Day Care Centre and Work & Housing Erection of Services Replacement Day Care Centre including Access Ramp Antonine Day Care Centre Darroch Way Seafar Cumbernauld
88 11/01 2601FUL Mr Kevin McTear Change of Use from Grant Public House to used Car Sales 4-6 Holytown Road Holytown Mot herwe II Bellshill
95 I1/01 2771PPP Mr Christopher Erection of Two Storey Refuse Linn Detached Dwellinghouse (in Principle) Site To West Of Barrwood Cottage Coach Road Kilsyth
3 102 11/01287/AMD Mrs Mary Moffat Non Compliance with Grant Condition 2 - Agricultural Occupancy Condition- from Application No S/03/00949/FUL 24 Spindleside Road Bellside Cleland
108 11/01362/FUL Mrs Ann Paterson Temporary Siting of Grant Snack Van Carpark Adjacent To Nisa Carfin Road Newarthill
1 15 11/01 398/AMD Bellway Homes Substitution of House Grant Limited Scotland Types (45 Plots) (Amendment to Planning Permission 081001931REM: Residential Development) Motherwell Street Airdrie
121 11101403/FUL Mr Alistair Weir Change of Use From Grant Open Space to Private Garden Ground (Retrospective) Site South Of 1 Martin Place Newarthill,Motherwell
128 11/01419/AMD Mr Norman Formation of access Grant Fitzpatrick from Lenzie Road to serve new Car Park (amendment to plann i n g a pp rova I 10/01262/FUL) Stepps Lawn Tennis Club Lenzie Road Stepps Glasgow
4 133 11/01 427/AMD Sanctuary Scotland Amendment to Grant Housing Planning Permission Association 1 1/00552/AMD - Alterations to approved layout including the Closure of Pedestrian Underpass Linking Ainslie Road and Burn View, Creation of Additional Parking Spaces and Re- introducing the Road Link at the Top of Ainslie Road as a Through Road with Two EntranceslExits Site 2 Ainslie Road Kildrum Cum bernauld
142 11/01 4341PPP Dunreath Estates Construction of Single Grant Dwellinghouse (in principle) Site East Of 12 Mid Barrwood Road Kilsyth Glasgow
149 11/01 4371FUL Mr Alan Harley Erection of Single Grant (P) Storey Dwellinghouse and Construction of Outbuilding (in Association with Subdivision of the Existing Farm) Netherwood Farm Wyndford Road Castlecary Cumbernauld
158 12/00018/FUL Willowind Installation of a 70m Grant Developments High Temporary (36 (Jersey) Ltd Months) Tubular Steel Wind Monitoring Mast at Land At Starryshaw Farm, Torbothie Road Stane, Shotts
5 (PI 07101 3411FUL - If minded to grant, application must be referred to CAA due to objections on aviation grounds. 11/01437/FUL - S75 required to ensure that New Dwellinghouse is tied to the Farm 1/00764/MSC - If minded to grant, S75 required for financial contributions for off-site play provision. 111008981FUL - If minded to grant, S75 required for financial contributions for off-site play provision.
6 Application No: Proposed Development:
07/01 34 1 /FU L Erection of 3 Wind Turbines and Associated Access Tracks and Substation
Site Address:
Birnie Hill Windfarm Birniehill Road Hareshaw
Date Registered:
7th January 2008
Applicant: Agent: Airtricity Development (UK) Ltd Arcus Renewable Energy Consulting Ltd 16 Robertson Street Prospect Park Glasgow Thirsk Road G2 8DS Easingwold Y061 3HL
Application Level: Contrary to Development Plan: Local No
Ward: Representations: 012 Fortissat 8 letter(s) of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,
Recommendation: Refuse
Reasoned Justification:
The proposed development generally accords with the policies contained within the Southern Area Local Plan 2008. The environmental information submitted and landscape, visual and cumulative impact of the proposed development is considered acceptable. The proposed development is however contrary to policy EDI 3A2 and the associated supplementary planning guidance for wind farm developments of the Finalised Draft North Lanarkshire local Plan and Scottish Planning Policy. The outstanding objection from BAA and NATS on radar issues and the potential for the turbines to create false radar returns is a material consideration. As there is no prospect of achieving suitable mitigation within a reasonable time period, the development is likely to impact on aviation safety to an unacceptable extent.
Notification: If minded to grant, the application will require to be referred to the Scottish Ministers in accordance the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2003 as BAA and NATS have lodged formal objections. BAA and NATS shall also be notified at this time.
7 This map is reproduced from Ordnance Survey material Planning Application No 07/01 341/FUL with the permission of Ordnance Survey on behalf Airtricity Development (UK) Ltd of the Controller of Her Majesty's Stationery Office. 8 Crown copyright. Unauthorised Erection of 3 Wind Turbines and Associated reproduction infringes Crown copyright and may lead to Access Tracks and Substation prosecution or civil proceedings. North Lanarkshire Council 100023396 2008 Birnie Hill Windfarm, Birniehill Road, Hareshaw 8 Recommendation: Refuse for the Following Reasons:-
1. The proposed development is contrary to both policy EDI 3A2 of the Finalised Draft North Lanarkshire local Plan and Scottish Planning Policy as the development will result in an unacceptably high number of returns on radar, particularly in relation to those operated by NATS (NERL) and BAA (Glasgow Airport), all of which would be to the detriment of aviation safety.
9 Backa round Papers:
Representation Letters
Letter from Depute Provost James Robertson, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB received 15th January 2008. Letter from Councillor Cefferty, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB received 18th January 2008. Letter from K Nelson, 93 Carvale Avenue, Salsburgh, Shotts, ML7 4NQ received 22nd January 2008. Letter from Gordon Martin, 14 Camsdale Avenue, Salsburgh, Shotts, ML7 4NH received 23rd January 2008. Letter from Elizabeth S Kilgour, Longacre Cottage, 65 Springfield Road, Salsburgh, ML7 4LP received 25th January 2008. Letter from 0 McAvoy, Salsburgh Community Council, 2 Dewshill Cottages, Salsburgh, ML7 4NX received 13th February 2008. Letter from Alan Wilson, 4 Hareshaw Road, Cleland, ML1 5LZ received 26th August 2009. Letter from Mr Alan Wilson, 4 Hareshaw Road, Hareshaw Village, Cleland ML1 5LZ received 25th August 2009.
Consultation Responses:
Memo from Transportation received 13'h February 2008. Memo from Protective Services received 21" January 2008. Memo from Landscape Services received 26'h January 2008.
Letters from Scottish Natural Heritage received 2gthApril, 2gthAugust, 8'h September, lgth September 2008 and 7thSeptember 2009. Letter from Scottish Water received 4thFebruary 2008. Letter from SEPA received Letter from West of Scotland Archaeology 1lth February 2008. Letter from National Air Traffic Services (Safeguarding) received 4'h February 2008. Letters from BAA received 22ndMay and gthJune 2008. Letter from British Gas received 22ndMay 2008. Letter from Civil Aviation Authority received 13'h May 2008 Letter from Scottish Power received 13'h May 2008. Letter from Health and Safety Executive gthJune 2008. Letters from Defence Estates received 22ndMay and gthJune 2008. Letter from Historic Scotland received 30thMay 2008.
E-mail from Offcom received 1gih May 2008 E-mail from Central Scotland Forest Trust received 23rdJanuary 2008.
Contact Information:
Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 2741 13
Report Date:
17th January 201 2
10 APPLICATION NO. 07/01 341/FUL
REPORT
1. Site Description
1.1 The application site occupies an area of approximately 22 hectares and is located approximately lkm to the east of Hareshaw, 1.7km south of Salsburgh and is bounded by the Tillan Burn to the north and Birniehill road to the south. The site is primarily rural in nature and comprises plateau farmland for rough grazing.
2. Proposed Development
2.1 Planning permission is sought for the construction of a windfarm on land at Birniehill, Hareshaw. The proposed windfarm would include 3 turbines, access tracks, a temporary construction compound and hardstanding areas, 1 temporary 80m meteorogical mast, transformers/eIectrical cabling and substation/control building. Each turbine would have a hub height of 80 metres, a rotor diameter of 80 metres and a maximum height to blade tip of 120 metres (396 feet). The total generating capacity of the turbines will be up to a maximum of 4.5 Megawatts (MW).
2.2 The wind farm would be designed with an operational life of 25 years and at the end of this period, the developer would decommission the wind farm at which time the above ground infrastructure would be removed and the site reinstated.
2.3 The proposed turbines would be constructed over a six month period with the full details to be submitted and agreed with the Council prior to the commencement of development on site. Access to the site will be taken directly from Birniehill Road onto the proposed windfarm access tracks which would be 10m wide for construction and reduced to 6m in width for the operational period. Construction work would take place between 0800 to 1800 during week days and 0900 to 1200 on Saturdays.
3. Applicant’s Sumortina Information
3.1 An Environmental Appraisal was submitted which describes the environmental effects of the proposed wind farm including assessments on the following topics: planning policy; landscape and visual assessment; ecology; ornithology; traffic and transportation; hydrology and hydrogeology; cultural heritage; noise; infrastructure; telecommunications, television, aviation and public safety and shadow flicker.
4. Site Historv
4.1 In 2004 the applicant carried out a scoping exercise in respect of a proposal to construct an 11 Turbine Windfarm development (This scheme formerly referred to as Fernieshaw Windfarm) envisaged 11 turbines over a much larger area, covering the current site and land to the south of Birniehill Road. The proposal was subsequently reduced in size to avoid or reduce potential environmental effects and a second round of consultations was undertaken in May 2006 on the reduced scheme.
4.2 Application S/08/00663/FUL - Erection of 80 metre High Temporary Meteorological Mast approved 30thJuly 2008.
5. Development Plan
5.1 The site is zoned as ENV 6 (Green Belt) in the Southern Area local Plan 2008.
5.2 The application site is zoned as NBE 3A Assessing Development in the Green Belt in the Finalised Draft North Lanarkshire Local Plan.
11 6. Consultations
6.1 The following consultees have no objection to the proposed development:-
Historic Scotland Scottish Water: Off com Defence Estates HSE Scottish Power Transco
6.2 A summary of the comments from the remaining consultees are as follows:-
i) Transportation has offered no objection to the proposed application and recommends all improvements and vehicle routing stipulated in the access statement should be implemented. ii) Protective Services has advised that they are happy with the findings of the report with regard to noise and have no objection to the proposal. iii) Landscape Services has no objections although it does consider that the development will have a significant visual impact at a local scale. iv) Scottish Natural Heritage considers the development to be located in an area sensitive to further concentration of windfarm development. The site is considered particularly sensitive as it is located at the transition point between two distinct landscape character types (Plateau Farmland and Plateau Moorland). SNH’s principle concerns relate to the adverse cumulative landscape and visual impacts, and the limited capacity of the area to absorb further development without loss of the existing distinctive local landscape character. SNH also indicate concerns regarding the potential impact on nearby settlements and that the location of the proposed turbines, the closest being less than 1km away, would present an uncomfortable scale relationship with the residential, small scale buildings of Hareshaw. SNH agreed that the proposed development would not have a significant impact on bird species on the site. v) West of Scotland Archaeology Service has offered no objection to the proposed development subject to a condition relating to an archaeological watching brief. vi) NATS (National Air Traffic Services) object as they consider that the turbines will appear as false plots on their radar to the detriment of aviation safety. vi i) BAA object to the proposal on the grounds that the turbines will cause false plots on the radar screen at Glasgow Airport which could be mistaken for small aircraft. viii) CSFT has offered no objections to the proposed development but have suggested that the proposed development offers an opportunity to develop the riparian woodland along the Tillan Burn and upgrades to the core path network.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, 8 letters of representation have been received. The representations include one from the Depute Provost Councillor James Robertson regarding visual impact, and one from Councillor Charles Cefferty regarding impact on the surrounding environment and the general amenity of the area. The reasons for objection are outlined below:-
0 Planning policy 0 Noise 0 Proximity of the turbines to Hareshaw and the local community. 0 Transportation
12 e Visual impact e Health issues and health and safety e Cumulative impact 0 Wildlife, ecology and recreational value e Television and radio reception. e Effectiveness and efficiency of wind as a resource e Radar clutter e Shadow Flicker e Ground Stability 0 Lack of transparency within the planning process e Detrimental impact on surrounding property values
8. Plannina 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.
8.2 As the proposed wind farm would have an output capacity of less than 20 megawatts (MW), the proposals are not considered to be of strategic significance and do not require to be assessed against the Structure plan. The development plan assessment is therefore restricted to the adopted Southern Area Local Plan 2008.
Adopted Local Plan:
8.3 The site is identified as Policy ENVG (Green Belt) in the Southern Area Local Plan 2008. Policies ENV2 (Renewable Energy), ENV5 (Assessment of Environmental Impact), ENV10 (Trees), ENV13 (Biodiversity), ENVl8 (Listed Buildings), ENV21 (Archaeology) and TR13 (Assessing the Transportation Implication of Development) are also relevant to the assessment of this application.
8.4 Policy ENVG states that the Council will safeguard the character and function of the Green Belt, within which there will be a presumption against development or change of use other than that directly associated with and required for agriculture, forestry, the generation of power from renewable sources, outdoor leisure and recreation, telecommunications or other appropriate rural uses. In this case the proposal relates to renewable energy and the proposals are therefore considered to be in accordance with policy ENVG.
8.5 Policy ENV2 encourages the use and development of renewable energy encouraging schemes, where appropriate, to utilise wind energy subject to assessment in terms of their wider environmental effects and need to accord with policy ENV5. It is considered that the proposed 3 turbines are considered to accord with policy ENV2. The wider effects are considered against policy ENV5 below.
8.6 Policy ENV5 (Assessment of Environmental Impact) sets criteria for assessing the environmental impact of proposed development. These include; suitability of the proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution and flooding risk; the loss of natural habitats and protected species; and the need for specific measures to ensure satisfactory decommissioning, particularly of renewable energy developments. Having assessed the proposals and the submitted Environmental Appraisal and supporting documents and in view of the consultation responses detailed above, it is considered that:-
* SNH note that the site is located at a particularly sensitive location and have indicated concerns regarding the potential for adverse cumulative landscape and visual impacts. SNH note that Birniehill would be acceptable in combination with Black Law and its proposed extension as these developments would not alter the
13 fundamental spatial relationship between the two developments, the concern lies with the cumulative landscape and visual effects of Birniehill in combination with proposals at Hartwood (application 06/01OOl/FUL pending consideration) and Bracco (08/00462/FUL withdrawn 27'h October 201 1). It should be noted that the Hartwood proposals are sisted at the applicants request until such time as a new application can be submitted and that the Bracco proposals have been re- submitted in a much reduced form. It is therefore considered that the wider cumulative landscape and visual impacts of the proposal are considered acceptable. 0 SNH also comment on the limited capacity of the area to absorb further development without loss of the existing distinctive local landscape character. Both Landscape and SNH have indicated concerns regarding the impact of the proposed development on the nearby settlement of Hareshaw that it would present an uncomfortable scale relationship with the residential, small scale buildings of Hareshaw. It should be noted however that SNH do not object to the development on landscape or visual impact. The proposed site has been identified for turbine developments of this nature and scale in the FDNLLP Wind Farm Search Area Review which sought to identify areas within NLC that had the most capacity, in landscape terms, to absorb further turbine development. Having considered the visual information submitted it is considered that notwithstanding the localised nature of the visual impacts on Hareshaw the wider benefits of the renewable proposals coupled with the area being identified as an area with most capacity, in landscape terms, to absorb further turbine development is such that it can be accommodated at this particular location. 0 In terms of traffic generation, these issues will be addressed in section 8.11 below. 0 Having consulted our Pollution Control Section it is noted that the Environmental Appraisal has satisfactorily addressed the noise and dust issues affecting the site. 0 In terms of flood risk and drainage, no issues have been raised and in terms of the loss of natural habitats and protected species these issues are addressed in section 8.8 below. 0 The proposals include sufficient details to ensure satisfactory decommissioning and conditions are recommended to ensure the satisfactory decommissioning and restoration of the site.
The proposed development is therefore considered acceptable and in accordance with policy ENV5.
8.7 Policy ENV10 (Trees and Woodland Management) indicates that the Council will encourage the protection and enhancement of the plan area's tree and woodland resource by resisting proposals which could adversely affect woodland areas. Having consulted SNH, CSFT and the Councils Landscape Services it is considered that the proposed development will have no significant impact on the site and conditions could be attached to cover additional tree planting and habitat protection should committee be minded to grant consent. The application is considered to be in accordance with policy ENV10 subject to conditions.
8.8 Policy ENV13 seeks to maintain and enhance the nature resources of the plan area by the protection of habitats, species and natural features which are vulnerable and/or specifically protected, and by a requirement to take account of the needs of wildlife where new development is proposed. It is considered that the information submitted by the applicant adequately addresses any issues and the proposals are therefore considered to accord with policy ENV13.
8.9 Policy ENV18 indicates that the Council will resist proposals, which would harm the historic or architectural interest of a Listed Building. It is noted that the Environmental Appraisal concludes that the development will have no significant impact on any ancient monument, listed building or historic parWdesigned landscape. It is therefore considered that the application accords with policy ENV18.
14 8.10 Policy ENV21 indicates that the Council will not normally allow development which would have an adverse impact on Scheduled Ancient Monuments, other archaeological sites and industrial archaeological resources and their setting. West of Scotland Archaeology Service have recommended that a condition be imposed requiring the implementation of an archaeological mitigation strategy, submitted to the Planning Authority for approval prior to the start of development. It is therefore considered that should the committee be minded to grant consent it should be subject to a recommended condition in order that the application accords with policy ENV21.
8.1 1 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated; the impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. Transportation has no objection to the proposed development subject to the access arrangements being as per those outlined in the Environmental Appraisal. The proposals are therefore considered to be in accordance with policy TR13.
8.12 On balance, it is considered that the proposed development accords with the Development Plan and must therefore be approved unless there are other material considerations that indicate otherwise.
Other Material Considerations
Finalised Draft North Lanarkshire Local Plan
8.13 The application site is zoned as NBE 3A Assessing Development in the Green Belt in the Finalised Draft North Lanarkshire Local Plan 2009. This policy seeks to protect the character and promote development in Rural Investment Areas through restricting development to acceptable types. Generation of power from renewable sources is considered an acceptable type of development. The policy then lists impact criteria for assessing acceptable development. The development must comply with the undernoted criteria:
0 Have a positive economic benefit. 0 Minimise any adverse environmental impacts. 0 Do not pose undue infrastructure implications. 0 Have a specific locational need. 0 Be of a suitable scale and form for the location. 0 Applications include a landscape assessment.
As outlined in section 8.6 above, the proposed development is considered to be of a suitable scale and form for the location. The submitted landscape assessment is considered to fully address all the concerns with regard to the impact of the turbines on the landscape character of the site. It is therefore considered that the proposed development is acceptable and accords with policy NBE 3A.
8.14 Policy EDI 3 (Assessing Economic Development and Infrastructure Proposals) is also relevant. This states under EDI 3A2 that ‘the Council supports, in principle, all forms of renewable energy generation subject to wind farms meeting the criteria contained in the approved supplementary planning guidance relating to issues such as scale, cumulative impact, community benefit, aviation and restoration. Having assessed the submitted Environmental Appraisal and further supporting information it is considered that the proposed development does not raise any serious issues with respect to scale and cumulative impact given the study carried out in the NLC Strategic Planning Study Technical Report TR/NLC/05 - Wind Farm Search Area Review. This review indicates that at this particular location there is capacity for a 3 Turbine development in excess of 100m in height and that the landscape characteristics are such that this is considered one of the most appropriate areas to site such a development. The concerns outlined by SNH regarding the proposed visual impact of the development are noted however having considered the details of the
15 Environmental Appraisal and the landscape and visual assessment it is considered that three turbines at this location can be accommodated without significant detriment to the surrounding landscape areas and would not cause undue detriment in terms of cumulative impact. It should be noted that conditions are recommended to secure the restoration of the site. The outstanding objections from both NATS and BAA are such that the development is considered contrary to the approved supplementary planning guidance and thus contrary to policy EDI 3A2
Scottish Plannina Policy
8.1 6 Scottish Planning Policy outlines that planning authorities should support the development of wind farms in locations where the technology can operate efficiently and environmental and cumulative impacts can be satisfactorily addressed. Development plans should provide a clear indication of the potential for development of wind farms of all scales, and should set out the criteria that will be considered in deciding applications for all wind farm developments including extensions. The criteria will vary depending on the scale of development and its relationship to the characteristics of the surrounding area, but are likely to include:
e landscape and visual impact, assessed in section 8.6 above, e effects on the natural heritage and historic environment, assessed in sections 8.6 to 8.1 0 above, e contribution of the development to renewable energy generation targets, e effect on the local and national economy and tourism and recreation interests, benefits and dis-benefits for communities, aviation and telecommunications, noise, assessed in section 8.6 above, shadow flicker, and cumulative impact assessed in section 8.6 above.
The design and location of any wind farm development should reflect the scale and character of the landscape. The location of turbines should be considered carefully to ensure that the landscape and visual impact is minimised. It is considered that given the objections from BAA and NATS regarding radar issues, the proposed development is contrary to Scottish Planning Policy.
8.17 Shadow Flicker: The EA concludes that shadow flicker will have no effect on the nearest properties to the proposed turbine. Should objections be received subsequent to the turbines being erected, there are measures which the developer can take to minimise the problem which will identify and address shadow flicker and this can be addressed by conditions if the Council is minded to grant planning consent.
8.18 Aviation: Whilst the MOD had no objections, both BAA, and NATS objected to the proposal. BAA have advised that pending the completion of upgrades to both Glasgow and Edinburgh radar systems, which are yet some way off, it is not possible to assess whether these systems are capable of dealing effectively with the returns from new wind farm developments. BAA does not support the use of suspensive conditions unless it considers a proven solution exists with a reasonable opportunity that it can be delivered in a timely fashion and, at this time, BAA does not consider that the Birniehill wind farm provides certainty on the viability of mitigation. NATS have advised that the radar safeguarding assessment reveals that the windfarm development is located within an area where there is insufficient terrain shielding from the Primary Radar Service at Lowther Hill and it is anticipated that the reflected power from the wind turbines will be detected by the radar and generate false plots.
8.19 The applicant is of the view that it would be unreasonable for BAA to expect the planning authority to hold off taking a decision on this or any other wind turbine application pending completion of a monitoring period for the upgrading of the existing
16 radar systems at Glasgow and Edinburgh. Airtricity is confident that a technical solution can be achieved for this site and is currently in discussion with BAA and NATS on possible feasible solutions. NATS however have confirmed that the NLC area is now at capacity and the approval of this application would represent an unacceptable level of input on radar and hence aviation safety.
8.20 The Scottish Government issued a consultation document ‘Steering the Implementation of Solutions for Aviation Objections to Windfarms in South West Scotland’ in July 2010 looking at potential changes to national planning advice seeking to address certain issues surrounding aviation objections to windfarm developments in south west Scotland. The consultation explored the idea of developing advice to planning authorities on the use of suspensive conditions covering aviation objections while at the same time expressing a position which Air Navigation Service Providers (ANSPs) could refer to in deciding where to apply the limited mitigation they are able to provide to safeguard aviation. Subsequent to this consultation process the Scottish Government issued further guidance ‘Dealing with Aviation Objections and Associated Negative Conditions in Wind Turbine Consents’ in January 2012. This guidance outlined the complexities involved in achieving the agreements and technical arrangements required to mitigate the effects of wind turbines on radar. It also outlined that planning authorities should recognise that the existence of a theoretical or potential technical mitigation will not represent a solution to an aviation objection if it cannot be realised. In addition the use of such conditions where there is no identified mitigation to deal with an aviation objection, could have an impact on the likelihood of other developments being consented owing to cumulative effects related to both radar and landscape. Therefore planning authorities should consider the views of relevant consultees on the matter and, where applicable, evidence confirming the technical existence of mitigation already identified in theory. Evidence of the likelihood of a technical solution being realised within a reasonable timeframe will therefore be a relevant consideration in deciding whether or not to give consent with negative conditions to address aviation issues. However, it should be noted that the availability of a mitigation solution does not over-ride other planning considerations, including spatial planning factors. Planning authorities should balance all the material considerations in the normal manner in coming to a view on a proposed development. The applicant has had numerous correspondence and discussions with the Council over a long period of time in order to provide a suitable solution acceptable to the Council with respect to the aviation issues. Although throughout this period the applicant had indicated that discussions to secure a mitigation solution were ongoing, the continuing the lack of progress and failure to secure an agreeable solution resulted in a meeting with them in January 201 1. It was outlined at that meeting that the lack of progress in achieving a solution and the failure to remove both NATS and BAA objections was such that the Council was minded to determine the application in its current form. At the applicants request it was agreed that we would defer a decision for a further period as it was considered that a potential solution was close to being agreed. The applicant has thus far failed to secure an acceptable form of mitigation and both BAA and NATS still maintain their objection. It is therefore considered that given the uncertainty over the timescales for any mitigation solution it is not considered appropriate to apply a suspensive planning condition in this instance.
8.21 TV/Radio Reception: The digital switchover has taken place and it is envisaged that this will address most issues if not all. However in order to resolve any problems that may occur, the developer will be required to carry out an assessment of TV reception before and after the turbine are constructed and thereafter carryout works designed to remedy any potential problems. Most telecomm operators with microwave links within the area were consulted and there were no comments received.
8.22 Hydrology/Hydrogeology: The EA concludes that, due to the moderate nature of the proposals, there are no significant predicted impacts on local hydrology and hydrogeology.
17 8.23 Grid Connection: The EA states that no details of the grid connection are currently known and this will form part of a separate planning application.
Rewesentations:
8.24 In terms of points of objection, I would comment as follows:-
1. In regard to lack of transparency within the planning process and the involvement of the community in the application process, the applicant has complied fully with all the requirements with respect to planning policy pertaining to neighbour notification and press advertisement of the planning application.
2. The assessment of the proposed development in terms of the development plan and Scottish Planning Policy is outlined in sect 8.4 to 8.23 above.
3. While concerns have been raised with regard to potential health issues due to proximity of the potential grid connection (comprising high voltage electricity lines) this is not a matter controlled under planning legislation.
4. Having consulted both SNH and the RSPB they have offered no objections to the proposed development in terms of impact on protected species and birds.
5. The visual impact of the development and its proximity to the settlements of Hareshaw and Salsburgh are considered in sections 8.6 and 8.14 above.
6. The impact of the development on radar clutter and the BAA/NATS objection to the proposed development is accepted.
7. In regard to the potential for noise disturbance from the proposed turbines on the surrounding residential properties, Protective Services have offered no objections to the proposed development.
8. The impact of shadow flicker is addressed within the submitted EA and considered in section 8.17 above.
9. The impact of the development with regard to TV/radio/telephone reception is addressed within the submitted EA and considered in section 8.21 above.
10. In regard to concerns that the turbines are within 200 metres of two disused mine shafts, the EA having undertaken an assessment of the stability of the site has concluded that there are no issues with respect to ground stability in the area.
11. The efficiency and effectiveness of wind farms as a source of energy and issues that power stations will still be required as a back up are not a material planning consideration in the assessment of this application.
12. The detrimental impact of the proposed development on the value of the surrounding properties or any perceived loss of property value is not material to the consideration of a planning application.
13. The cumulative impact of the proposed development is addressed within the submitted EA and considered in sections 8.4 to 8.23 above.
14. The potential traffic impacts of the proposed development are addressed within the submitted EA and considered in section 8.1 1 above.
15. The concern that that failure of the turbine mechanisms and shearing of the blades could cause serious injury is not a material planning consideration and
18 is an issue for health and safety.
16. The concern regarding the build up of ice on the blades and the subsequent shedding of the ice to the detriment of public safety is not a material planning consideration and is an issue for health and safety.
17. In regard to the concern that Salsburgh and Hareshaw already suffer from being in close proximity to a landfill site, an animal rendering plant and several quarries. The cumulative impact of the development is adequately considered as part of the EA and in sections 8.4 to 8.14 above and is concluded to be acceptable in this instance.
18. In regard to concerns that the proposed development have a detrimental effect on the adjacent walkways and the ability of residents to enjoy the area given noise and disturbance created by the turbines. It is not considered that the proposed development will have a detrimental impact on the adjacent walkways and having consulted Protective Services, they have offered no objections regarding noise.
9. Conclusions
9.1 The proposed development is generally accords with the policies contained within the Southern Area Local Plan 2008. The environmental information submitted and landscape, visual and cumulative impact of the proposed development is considered acceptable and having consulted various amenity bodies and examined the EA the objections received are not sufficient as to warrant refusal of the application. The proposed development is however contrary to policy EDI 3A2 and the associated supplementary planning guidance for wind farm developments of the Finalised Draft North Lanarkshire local Plan. The outstanding objection from BAA and NATS on radar issues and the potential for the turbines to create false radar returns is a material consideration and as such the application is considered to be contrary to the emerging local plan policy and national planning guidance and advice. It is considered that the weight given to this problem should be significant and that it is sufficient to merit the refusal of planning permission. Therefore in this instance, the development cannot be deemed to be acceptable and it is therefore recommended that planning permission be refused.
19 Application No: Proposed Development:
10/01350/MSC Construction of 80 Flats (Approval of Matters Specified in Planning Permission 05/01935/OUT)
Site Address:
Former Moodiesburn House Hotel 6 Cumbernauld Road Moodiesburn G69 OAA
Date Registered:
6th December 2010
Applicant: Agent: Tulloch Homes Ltd Keppie Planning & Development C/o Agent 160 West Regent Street Glasgow G2 4RL
Application Level: Contrary to Development Plan: Major Application No
Ward: Representations: 005 Strathkelvin No letters of representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey
Recommendation: Refuse
Reasoned Justification:
While the principle of residential development is considered to be acceptable and in compliance with the provisions of the Development Plan, the detailed design and urban nature of this flatted scheme is considered to be inappropriate and out of character with the local context of the site and its location at a prominent position at the periphery of the settlement of Moodiesburn.
Recommendation: Refuse for the Reason that:-
The proposed development is contrary to policies HG3 (Retention of Residential Amenity) and HG4 (Assessing Applications for Residential Development) in the adopted Northern Corridor Local Plan 2005, and policy DSP4 (Quality of Development) in the emerging North Lanarkshire Local Plan, in that the proposed residential development is considered to be out of character with the context of site and its position at a prominent edge of Moodiesburn, by virtue of its urban nature and the collective scale, number and dominance of the proposed flatted blocks.
20 Pmduced by Planning and Development hafofHh60.@ckwn Moodiesburn House Hotel6 Cumbernauld Road Environmental Setvices )pJgH database dglt North Lanarkshire Coun 09. An rights resenrecl. Moodi e b r,-, Flemirg House dnanae Suney Construction of 84 Flats (Approval of Reserved A 2Ttyst Road :st~enut~t1er100023396. Matters Specified in Planning Permission Cumbemauld 05101 935t’OUTI 067 1Jw Backaround Papers:
Consultation Responses:
Memo from Play Services received 4'h February 201 1 Memos from Traffic & Transportation received 8'h March, 22ndJuly, 20thSeptember and 13'h October 201 1 and 1 January 201 2 Memo from Pollution Control received 1Cith December 201 0 Memo from Landscape Services received 1gth January 201 1 Letter from Transport Scotland received 6'h January 2012 Letter from Scottish Water received 17'h December 201 0 Letters from Scottish Environment Protection Agency received 15'h December 2010
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 632495
Report Date:
27th January 201 1
22 APPLICATION NO. 10/01350/MSC
REPORT
1. Site DescriDtion
1 .I The site lies immediately to the south of, and fronts onto the A80 at the periphery of Moodiesburn. Bedlay Cemetery lies to the west of the site and there is rising agricultural land to the south. To the east is a small group of 2 storey residential properties and further agricultural ground. To the north, beyond the A80 is a 3 storey flatted development and a wooded area, beyond which is the main settlement area of Moodiesburn itself.
1.2 The site is approximately 125 metres from a traffic-light controlled junction on the A80. It was formerly occupied by the Moodiesburn House Hotel, with two separate access points taken from the former trunk road. The hotel operated from 4 separate blocks, although this has now been demolished and the site cleared. The western section of the site acts as a car park for the adjacent cemetery. This reflects a historic agreement, although the timescales specified in the legal agreement have since ended.
2. ProDosed Development
2.1 The applicant seeks to discharge matters specified in conditions of planning permission (05/01935/OUT). The established planning permission in principle detailed a schematic layout of 3 and 4 storey flatted blocks (86 units); however, this was indicative only, with expressly no permission having been granted for that particular form of development. With the principle of residential development having been approved, it is for this application to consider the detail.
2.2 The applicant proposes 80 units across seven flatted blocks, five of which would be 3 W storeys (with some 4 storey elements), with two further 2 W storey blocks. These would be positioned within a linear layout, along the line of the A80, with one block set back within the site. A new access road would be taken off the A80 and an internal road and roundel provided within, with dedicated parking areas off. All blocks would be afforded a degree of open space. The design of the flats would be described as contemporary with the mix of dual and mono pitched roof features, and would be finished with render and reconstituted stone.
2.3 An important matter to consider with this application is the provision of a temporary car park to serve the adjacent Bedlay Cemetery. This is currently provided at the site and reflects a historic agreement, which has since lapsed in legal terms. The applicant does however propose that the western-most block would not be constructed until an alternative car park is constructed, using this part of the site for Cemetery parking and a temporary play facility required under the terms of the Council’s play provision standards.
2.4 Associated with this matter is an area of land to the south of the site, which is currently being promoted for residential development as part of the emerging North Lanarkshire Local Plan. Whilst acknowledging that the emerging plan is not yet adopted, the applicant, who controls the adjacent site, proposes that the temporary Cemetery car park and play provision would then be relocated as part of future development to the south, in a more effective way, allowing the construction of the seventh and final block. The applicant proposes that this matter be addressed by conditions, should planning permission be granted.
23 3. Amticant’s Surmortina Information
3.1 The applicant has provided a noise statement, drainage details, site investigation and an additional statement to support the principle and design of the proposed flats at this location.
4. Site Historv
4.1. Planning Permission in Principle, 05/01935/OUT: Residential Development approved 11 th October 2006
5. Development Plan
5.1 The site is covered by Policy HG3 (Retention of Residential Amenity) in the adopted Northern Corridor Local Plan 2005. It is zoned HCF 2 A1 Site for (Short Term) Housing Development in the emerging North Lanarkshire Local Plan.
6. Consultations
6.1 Traffic i3 Transportation have contributed to detailed discussions with the applicant who wishes to demonstrate that an appropriate access can be achieved before the application is determined. They have noted on the most recent layout that the access type is broadly acceptable but will limit future development to 200 units. They have highlighted that details of the proposed signal junction operation require to be confirmed and that the block which displaces the temporary car park for the cemetery should not to be constructed until an alternative car park is provided. Some concerns are raised in respect to the relationship of parking courts to the block entrances. The applicant has already paid f 150,000 as part of legal agreement on the original application to go towards junction works
6.2 Transport Scotland has raised no objection to the application.
6.3 The Council’s Play Services section raises no objection, note the requirement for the provision of a play area and provide guidance on the required detail.
6.4 The Council’s Pollution Control section raises no objection. The requirement for a Site Investigation is highlighted, as are comments in respect to construction management. Given the proximity of the site to the A80, it is highlighted that a noise impact assessment should be submitted, identifying any mitigation. An assessment was submitted with the original application, followed up now with an additional statement proposing appropriate glazing for mitigation. The statement also notes that given the de-trunking of the A80, impact will be reduced from the time of the original report. 6.5 The Council’s Landscape Section raises no object and comment on matters in respect to landscaping and tree protection.
6.6 Scottish Water raises no objection to the application but highlight requirements that may fall upon the applicant in respect to upgrading infrastructure.
6.7 Scottish Environment Protection Agency raises no objection in respect to matters relevant to their interest.
7. Remesentations
7.1 No letters of representation have been received.
8. Plannina 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
24 considerations indicate otherwise. As the development is not of strategic importance the relevant policies are those contained in the Northern Corridor Local Plan 2005.
8.2 DeveloDment Plan: Northern Corridor Local Plan 2005: Policy HG3 ‘Retention of Residential Amenity’ applies and seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting, or adversely affects the amenity of established housing areas. The principle of residential development therefore complies, supported further by the established consent. Policy HG4 ‘Assessing Applications for Residential Development’ goes on to consider criteria for assessing Residential Development.
8.3 As noted, policy HG4 considers the specific detail of residential proposals. Further advice is given in Design Guidance 1, which gives guidelines for new development. In assessing the current application, it is found that several technical matters, such as window to window distances, drainage infrastructure, noise mitigation, play provision and site remediation can all be satisfactorily achieved. It has also been demonstrated that access and parking can be technically achieved, however, concerns remain in respect to the scale and nature of the development, and its suitability to the character of this specific area. Furthermore, although the access can be achieved, combining the technical requirements due to the relationship with the A80 and the scale and nature of the development, this does not create a well balanced layout in respect to its landscaped and open space setting.
8.4 While there are examples of 3-storey flats within the main settlement boundary of Moodiesburn, and on the north side of the A80, it is considered that this site, adjacent to a relatively small number of 2-storey dwellinghouses, open space and the adjacent Cemetery, in comparison marks a step change in the context of Moodiesburn, based on its position at the periphery of the settlement, its separation and the backdrop of open space beyond. In this regard, the specific location has more of a semi-rural character extending to the south. Taking these factors into account, and notwithstanding the former hotel, the scheme as a development concept is not considered by the Planning Authority to fit well with the context of the location to the south of Moodiesburn, or the careful planning of land along this section of the A80 corridor. Collectively, the blocks would be dominant within the setting, particularly as a result of their number, scale and design.
8.5 In considering impact upon setting, the proposed zoning of the site to the south in the emerging Local Plan is acknowledged. While the Local Plan is not yet adopted, it is highlighted that this site represents a relatively minor extension of the settlement into the Green Belt, surrounded on three sides by open land. In effect, if developed, this prominent and edge of settlement site would closely relate to a new defensible Green Belt boundary and any development on the periphery of the settlement would require careful consideration in respect to scale, built form and appropriate boundaries. Notwithstanding the likely future minor expansion of the settlement to the south, this proposal is still considered to be out-of character, and an inappropriate design benchmark for future development at the peripheral location. While a spatial relationship between this wider site and the primary element of Moodiesburn to the north will be developed in time, it is not considered that this should be in the form of a strong urban corridor either side of the A80, characterised by dominant flatted blocks and a level of density more akin to urban areas. It is not considered that such a bold architectural statement or bold sense of place is necessary in this instance. For these reasons it is considered that the application fails to comply with policy HG4 in respect to impact upon setting, landscape, appearance and built environment, and the associated design guidance which also considers local landscape character and density.
8.6 Other Material Considerations: Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration. The site is zoned as HCF 2 A1 which supports the principle of residential development. In respect to policies DSP 1 and 2 (Amount and Location of Development), the
25 application therefore complies. Due to the broad technical compliance as described in paragraph 7.4, the proposal broadly complies with policy DSP 3 (Impact of Development). However, for the reasons detailed in paragraphs 7.4 - 7.6, the application is not considered to comply with policy DSP 4 (Quality of Development) in respect to form, scale, height and impact on the local context. Concerns also exist in respect to compliance with the associated draft ‘Good Design Toolkit’ in respect to sensitivity to the local environment.
8.7 SPf: Scottish Plannina Policv, whilst promoting housing development in an appropriate way, also highlights the importance of protection and enhancement of landscape. It notes that the siting and design of new housing should take account of its setting and the surrounding landscape, topography and character. Furthermore, it notes that proposals for infill sites should respect the scale, form and density of the surroundings and enhance the character and amenity of the community. Finally, it notes that the density of new development should be determined in relation to the character of the place. In light of the above, it is considered that further support can be taken in regard to concerns over the nature of development proposed here.
8.8 PAN 44: Fittina New Housina Development into the Landscape also offers guidance. This advice highlights that a lack of integration with the landscape is particularly noticeable on the edges of small and medium sized towns. It considers evidence that new housing developments have been planned and carried out without apparent regard to existing urban form and the local landscape, or to their wider visual impact particularly when seen from road and rail approaches. It also considers the point that insensitive development can undermine the special environmental quality of towns and their setting in the countryside. Again this highlights importance of place, when assessing housing development, and in particular when locations are at the edge of small and medium sized towns. It is considered that the proposal does not pay due regard to this advice.
8.9 Bedlav Cemeferv farkinq. Notwithstanding the applicant‘s commitment to providing temporary accommodation for the displaced Cemetery car park, this is not considered to offer sufficient justification for the nature of development proposed here. Parking provision for the Cemetery has been provided reflecting a historic agreement and it would be the intention of the applicant to subsequently provide this permanently as part of development on the land to the south. This is also welcomed and it is noted that there would be significant benefits in considering a combined application for both sites should the proposed residential zoning on the adjacent land be confirmed through the North Lanarkshire Local Plan process. In regard to the proposal that the car park and play area be controlled on a temporary basis until development at the adjacent site commences, this could be an acceptable mechanism if the resultant layout is considered acceptable. At this stage, the Planning Authority must however consider the application in hand, and the completed development (post car park and play area relocation) raises notable concerns.
8.10 Consultation Responses: The consultation process has raised a number of points that are either satisfied by the layout, or can be resolved via conditions. In respect to noise, it is noted that the changing nature of the A80 is such that impact will be substantially reduced from the assessment during the earlier application. In this respect, it is considered that proposed mitigation can be achieved. In the respect to the comments from Traffic and Transportation, these could largely be controlled via conditions. While the comment relating to the location of courtyard parking is noted, this in itself is not considered to be sufficient reason for refusal. The constrained nature and shape of the site is noted. However, when combined with the other concerns raised about the layout, and the prominence of the other roads requirements (appropriate roundel and road geometry), weight is added to the concerns about the overall form of development at a prominent peripheral location at a town like Moodiesburn.
26 9. Conclusions
9.1 Taking the foregoing into account, it is considered that while several technical aspects in respect to residential development, specifically flatted development, can be achieved, the nature of this proposal is inappropriate for the site and the surrounding area within which it is set. It is therefore recommended that Planning Permission be refused.
27 Application No: Proposed Development:
11 /00764/MSC Residential Development of 1 14 Dwellings Comprising 19 Flats and 95 Houses Plus Related Access Roads and Footpaths (Phase One of Matters Specified in Conditions of Planning Permissions 07/01583/OUT and 10/01203/AMD)
Site Address:
Former Sheffield Forgemasters Calder Street Whifflet Coatbridge
Date Registered:
2nd August 201 1
Applicant: Agent: Dundas Estates & Dev CO Ltd & Morston Assets Ltd James Doherty Carriden Sawmills Suite 305, The Bourse Bo'ness 47 Timberbush West Lothian Leith EH51 9SQ Edinburgh EH6 6QH
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 0 Coatbridge South No letters of representation received James Brooks, lan Ferrie, John Higgins
Recommendation: Approve, subject to conditions
Reasoned Justification:
The proposed residential development has been found to adequately accord with the provisions of adopted and emerging local plans, and with the national policy Designing Streets. All relevant matters raised through consultation can be adequately addressed and there are no outstanding objections.
Legal Agreement:
If the Committee are minded to grant permission, the decision notice will not be issued until a legal agreement is signed between the Council and developer with regard to a financial contribution of f500 per dwellinghouse and f250 per flat (less the value of on-site toddler play facilities) for improvement to off-site play facilities in lieu of on site provision.
28 11/00784/MSC Dundas Estates 8 Dev CO Ltd & Morston Assets Ltd N Former Sheffield Forgemasters Calder Street Whifflet Coatbridge Residential Development of 114 Dwellings Comprising A 18 Flats and 96 Houses Plus Related Access Roads -urn..-sY;%.Z%.:%% E?3*.cam4 and Footpaths (Phase One of Matters Specified in n b*..d*. a*.dh*u*qb dLlm3-m n(MoldnCmcwuIrdrmrea-SiilE.O-3m"r.uld -Cwmlnu.te?.".q->,*Rd Ix Conditions of Planning Permissions 07/01583/OUT w-"n"'""m101~818210 u,my-t.*.c- 6m *.m*mm and lO/O1203/AMD)
29 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- L (--)I, L (--)2, L (--)3, L (--)5Rev E, L (--)lO,L (--)I I, L (--)I4rev A, L (--)I& L (--)16, L (--)17, L (--)18, L (--)19, DDS 13/23, DDS 15/23, DDS 18/22, DDS 20/15, DDS 21/12, DDS 24/22, DDS 25/15, DDS 27/1
Reason: To clarify the drawings on which this approval of permission is founded.
3. That this application shall serve to act as a guide for the other elements of the site, which shall be designed to follow Designing Streets principles and incorporate the areas of amenity space, footpaths links and SUDS infrastructure illustrated in the Concept and Phasing Masterplan.
Reason: To ensure the wider site is developed to respect the design of phase one and to account for site wide strategic parameters.
4, That before commencement of building works on any plot, unless otherwise agreed in writing, full details of the final proposed levels, including levels on immediately adjacent land, shall be submitted to, and approved in writing by the Planning Authority.
Reason: In the interests of amenity by ensuring that levels are appropriate for the site and for the general area.
5. 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. For the avoidance of doubt, these materials shall respect the palette of materials for the streets, junctions, squares, footways, driveways and boundary walls agreed under the terms of conditions 6 and 7, and shall include details of all buildings, proposed bin stores, the electricity sub-station and grit bins.
Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.
6. 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, squares, 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 5 and 7.
Reason: In the interests of amenity and design by ensuring that the materials are appropriate for the site.
7. Notwithstanding the terms of condition 2, before development starts, an updated layout shall be submitted which incorporates 3 in-curtilage/courtyard parking spaces for every 3 or 4 bedroom property, unless a reduction for any specified plot is otherwise agreed in writing with the Planning Authority. Thereafter, the layout shall be implemented in accordance with the details approved under the terms of this condition.
30 Reason: To ensure an adequate level of parking is provided and in the interest of amenity.
8. That before development starts, unless otherwise agreed in writing with the Planning Authority, final design and specification of the proposed junctions of the primary, secondary and tertiary streets, and the courtyard parking entrances, shall be submitted to and approved in writing with the Planning Authority. For the avoidance of doubt, these details shall demonstrate compliance with the junction types and arrangements, and visibility requirements outlined in Designing Streets, particularly pages 32 - 37, or such other standards that may be agreed in writing with the Planning Authority. Thereafter, the layout shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To allow further consideration of the junction design and to ensure efficient operation of the site.
9. That before development starts, unless otherwise agreed in writing with the Planning Authority, details demonstrating how the layout will accommodate winter maintenance vehicles shall be submitted to and approved in writing with the Planning Authority. Thereafter, the layout shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To ensure the layout can reasonably accommodate winter maintenance vehicles.
10. That before any of the units hereby permitted are occupied, all the access, parking and manoeuvring areas serving those units, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. Thereafter, all off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.
Reason: To ensure adequate provision of access, parking and manoeuvring areas.
11. That before the development hereby permitted starts, full details of the design and location of all fences, railings and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, and these shall include feature walls and railings as detailed on the approved site plan, unless otherwise agreed in writing with the Planning Authority.
Reason: In the interests of amenity by ensuring that fences and walls are appropriate for the site and for the general area.
12. That before development starts, a scheme of landscaping for the development area shall be submitted to, and approved in writing by the Planning Authority and it shall include, unless otherwise agreed in writing, the following:-
(a) details of any earth moulding and hard landscaping, grass seeding, turfing and footpath link provision; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted (for the avoidance of doubt, this shall include the avenue tree planting and frontage hedges details on the approved site layout); (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) details of the footpath link at the north-east of the site; (e) details of the phasing of these works.
31 Reason: In the interests of amenity by ensuring that landscaping is suitable for the site and the general area.
13. That within one year of the occupation of the last dwellinghouse within the development site (or such other timescale as is approved under condition 12), all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 8, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of amenity by ensuring that landscaping is suitable for the site and the general area.
14. That before development starts, unless otherwise agreed in writing, a management and maintenance scheme for landscaped areas, play areas, communal parking areas and footpaths within the development area shall be submitted to, and approved in writing by the Planning Authority and this scheme shall be brought into operation prior to the first dwellinghouse within the development area being occupied. For the avoidance of doubt, unless otherwise agreed in writing, this shall also include maintenance of frontage hedging.
Reason: In the interests of residential and public amenity.
15. That notwithstanding the terms of condition 14 above, no hedging to the front of plots or avenue trees (as detailed on the approved plans), shall be removed, unless otherwise agreed in writing with the Planning Authority.
Reason: In the interests of amenity and the design concept of the development.
16. That before the development hereby permitted starts, a scheme, for the provision of the equipped toddler play area within the application site 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 phasing of these works.
Reason: To ensure adequate provision of toddler play facilities within the site.
17. That before occupation of the last dwellinghouse within the development hereby permitted, all works required for the provision of the equipped play area and, included in the scheme approved under the terms of condition 16, shall be completed.
Reason: To ensure adequate provision of toddler play facilities within the site.
18. That before construction of the layout starts, unless otherwise agreed in writing with the Planning Authority, full details of an updated surface and foul water drainage scheme and an updated Flood Risk Assessment for phase 1 (taking into account the requirements for the wider site) shall be submitted to the said Authority, certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance. The Flood Risk Assessment must take account of Scottish Planning Policy and Planning Advice Note 69 (PAN 69): Planning & Building Standards Advice on Flooding.
For the avoidance of doubt, the scheme of drainage and flood risk assessment shall build upon the Full Development Area Drainage Assessment and Flood Risk Assessment, by BSP Consulting 08101/DA/FRA Revision E, January 201 1, and clearly
32 demonstrate that the proposed development shall not result in flooding within, or outwith the site.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in order that the Planning Authority might be satisfied that the proposed development will not give rise to flooding within the application site and will not increase the flood risk elsewhere.
19. That the certified SUDS compliant surface water drainage scheme and flood mitigation measures submitted and agreed under the terms of Condition 18, shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and mitigation measures, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS and any such measures have been constructed in accordance with the relevant SEPA SUDS guidance and in accordance with the details within the certified report.
Reason: To safeguard adjacent watercourses and groundwater from pollution and to ensure that the development will not give rise to flooding within the application site and will not increase the flood risk elsewhere.
20. That BEFORE the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority from Scottish Water that all the requirements of Scottish Water have been fully met, and shall demonstrate that the development will not have an adverse impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements
21. That before any aspect of the development starts 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 incorporated into the development proposals and any approved ground remediation work shall be completed and verification provided by the developer to the satisfaction of the Planning Authority before building works start.
Reason: In the interests of public health, safety and wellbeing.
22. That no aspect of the development shall start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
23. That within 4 weeks of the last dwellinghouse of the development being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To monitor the development, to enable the Planning Authority to retain effective control.
24. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006
33 Backaround PaDers:
Consultation Responses:
Memos from Transportation Section dated 26'h August 201 1, 25'h January 2012 and 1" February 201 2 Memo from Pollution Control dated 23rdAugust 201 1 Memo from Greenspace Team dated 2gthAugust 201 1 Memo from Play Services dated 26'h August 201 1 Letter from Scottish Power Energy Networks dated 23rdJanuary 2012 Letter from Scottish Gas Network dated 16thAugust 201 1 Letter from Scottish Environment Protection Agency dated lgthAugust 201 1 Letter from Scottish Water dated 16'h August 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 632495
Report Date:
2ndFebruary 201 1
34 APPLICATION NO. 11/00764/MSC
REPORT
1. Site DescriDtion
1.1 The application site measures 14.3 hectares and encompasses the former Sheffield Forgemasters Steelworks and Weir Timber site. These are cleared former industrial sites with preparatory ground works currently underway. The site is located to the south east of Coatbridge Town Centre and is bounded to the north by Calder Street and the residential area of Greenend. The southern boundary is marked by the North Calder Water, while some established residential properties and a new residential development site lies to the east. The west of the site is bounded by an electricity sub-station and operational railway line beyond.
1.2 The site is relatively flat, before sloping southwards towards the North Calder Water, and contains some vegetation around its boundaries, particularly at the north and south.
2. ProDosed DeveloDment
2.1 This application forms part of the matters specified in conditions of planning permission 07/01583/OUT, which established the principle of residential development on the site. The application is for one of three phases, with a broad schematic masterplan provided for the rest of the site.
2.2 Proposed as part of phase one is a distributor road and new roundabout (which already benefits from planning permission), 95 houses, 19 flats and a SUDS pond for surface water drainage. The house types comprise a mix of 2 and 2 Yi storey detached, semi-detached and terraced properties with a range of designs. These would be served by a mix of in-curtilage, courtyard and on-street parking. There are two blocks of flats (3 and 4 storey) and a single cottage flat, served by dedicated parking courts and amenity space. Also proposed are footpath linkages, communal amenity spaces and landscaping.
2.3 The proposed layout breaks from conventional standards, justified through national planning policy contained in the government publication ‘Designing Streets’. On entering the site, the primary access road is characterised as an avenue feature with tree planting and set back footways; before the site breaks down into secondary shared surface streets, with more minor tertiary shared surface streets off. These areas are linked by squares and junctions which also combine as open spaces, designed to slow vehicular traffic and add character to the development. There is also a greater emphasis on frontage development compared to more conventional layouts, with a higher proportion of rear and courtyard parking. While specific pedestrian linkages are proposed, the more minor streets are designed to combine both pedestrians and vehicles, giving pedestrian priority through street geometry and design.
2.4 Although only one phase, the proposed layout will act as a guide for future phases and as noted, a schematic masterplan has been provided with the application to help set out those wider strategic parameters.
3. Desianina Streets
3.1 ‘Designing Streets’ was issued as a Scottish Government policy in 2010 and joins other documents as the key statements of the Scottish Government on planning. In broad terms, ‘Designing Streets’ aims to emphasise the importance of developing new streets focusing on their design, their identity, their contribution to making attractive places, their role in facilitating positive social interaction and in promoting
35 improvements in health by giving higher priority to pedestrians and cyclists. This is viewed as a marked departure from conventional standards, which focus strongly on the use of the car and roads, and along with other prescriptive standards and basic architecture have created a blueprint for residential areas that are often overly regular, lacking in character and dominated by car usage.
3.2 The policy states that ‘it should be adopted by all Scottish local authorities or should provide the basis for local and site specific policy and guidance’. A report from the Heads of Planning and Roads & Transportation was therefore presented to Committee on 16th March 2011, where it was agreed to support the policies and principles set out in Designing Streets. It was also agreed to prepare supplementary planning guidance, and this is currently under preparation.
3.3 This is one of the first notable developments using Designing Streets principles to be considered by North Lanarkshire Council.
4. Site Historv
4.1 Planning permission in principle was granted in February 2008 for residential development at the site. This established the acceptability of a residential land-use and the principal access from the existing Calder StreetlCaldeen Road Roundabout (on the northern boundary). Permission has since been granted for some matters specified in conditions of the original application in respect to the access road and preparatory site works.
0 07/01 583/OUT Residential Development and Associated Access Road (Outline), approved February 2008. 08/01 749/REM Distributor Access Road from Existing Roundabout on Calder Street, Internal Roundabouts & Distributor Link Road for Residential Development (Reserved Matters for C/07/01583/OUT), approved April 2009.
0 10/01203/AMD Variation of Condition 2 of Outline Planning Permission 07/01583/OUT to Extend the Consent by a Further 3 Years, approved December 2010. 0 10/01281/AMD Variation of Condition 1 of Planning Permission 08/01749/REM to Extend the Life of this Permission by a Further 2 Years and Amendment to Design of Roundabout, approved March 201 1. 0 11/00288/MSC Submission of Drainage Details, Site Levels and Site Investigation Information for Residential Development (approval of matters specified under conditions 2(h) , 2(i) , 2(k), 4, 6, 8 and 10 of planning permission reference 10/01203/AMD), approved July 201 1.
5. DeveloPment Plan
5.1 The application raises no strategic issues and can be assessed in terms of the local plan policy.
5.2 In terms of the Monklands District Local Plan 1991, the site is covered by ECON 2 (Existing General Industrial Areas) and HG 3 (New Private Sector Housing Development).
5.3 The finalised draft of the emerging North Lanarkshire Local Plan zones the site as HCF 2 AI (Sites for Short Term Housing Development), reflecting its inclusion within the local Housing Land Supply.
36 6. Consultations
6.1 Traffic 81 Transportation raise no objection to the application, subject to conditions. Comments in respect to outstanding details and requirements to be achieved within the layout are provided. Further details of horizontal and vertical alignment of roads, including materials, require be agreed before development starts. Requirements in respect to visibility splays at the different junctions within the site are also highlighted and the ability of the main loop route through the site to accommodate winter maintenance vehicles requires to be demonstrated.
Parking sizes, numbers and arrangements, and driveway requirements are also highlighted. On this matter, 3 groupings of properties are noted as having some concern with parking courts to the side, which could lead to on-street parking due to proximity.
6.2 The Council’s Play Services team highlight requirements in respect to play and open space requirements, which in this instance are split between on-site toddler facilities and a financial contribution to off-site provisions at the nearby Whiff let Park.
6.3 The Council’s Greenspace Team raise no objection but highlight guidance in respect to ecology and landscaping.
6.4 Protective Services raise no objection, and raise comments in respect to Site Investigation requirements and construction management.
6.5 SEPA raise no objection but require conditions to be attached in respect to foul drainage connection and appropriate SUDS infrastructure for surface water drainage, as well as providing comments on waste management, flood risk and contaminated land.
6.6 Scottish Water has raised no objection. They note that the local waste water treatment works currently have adequate capacity, but there may be a requirement for the applicant to upgrade Scottish Water infrastructure given the scale of the development. They note that a separate system for surface water drainage will be required, following SUDS guidance where appropriate.
6.7 Scottish Gas Network highlight the location of their apparatus in the vicinity of the application site and requirements for the developer. No objections are raised.
6.8 Scottish Power have raised no objection, but have apparatus crossing a small section of, and adjacent to the site. Guidance for the developer is provided.
7. Representations
7.1 No letters of representation received.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan - Monklands District Local Plan 1991: The application site is covered by two policy zonings with the northern part of the site (former Sheffield Forgemasters) being covered by policy ECON 2 (Existing General Industrial Areas) while the southern part of the site (former Weir Timber) is covered by policy HG 3 (New Private Sector Housing).
37 8.3 Notwithstanding the mixed policy zoning, residential development has been accepted in principle through the approval of application (07/01583/OUT). There has also been further approval of component parts of that permission in respect to the access road, associated roundabout and groundworks. In assessing proposed layouts, the adopted plan has associated design guidance for New Housing Areas. However, the proposed layout is based on recent national policy. It can however be concluded from the foregoing paragraphs, that the aims of the guidance in respect to design, layout and residential amenity can be satisfied, albeit through a different approach.
8.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, which zones the entire application site as HCF 2 AI (Sites for short-term Housing Development).
8.5 In respect to policies DSP 1, 2 and 3 (Amount, Location and Impact of Development), due to the established permission, inclusion of the site in the Housing Land Supply, identification of the site for short term housing needs, and earlier consideration of the broad impacts (on surrounding land-uses, road network, infrastructure, community facilities etc) via the planning permission in principle, the proposal is considered to accord.
8.6 Policy DSP 4 (Quality of Development) considers more development specific impacts in terms of existing site attributes, and provides a range of assessment criteria. Other relevant material considerations include the associated supplementary design guidance, ‘Good Design Toolkit’ which gives further guidance on design and layout, and the Government Policy ‘Designing Streets’ on which the proposed layout is strongly based. Taking these policies and guidance into account, the assessment can be focussed on the following areas:
0 Impact on the existing built and natural environment (including contamination, flooding and drainage matters); 0 Density, layout and mix of housing (including Designing Streets compliance); 0 Detailed design; 0 Landscaping/Open Space/Play Provision; 0 Transportation.
8.7 Having assessed the specific scheme currently under consideration, there are no newly identified undue impacts on the existing built and natural environment. Although large, it is notable that the site is largely self-contained, with the exception of compatible residential areas to the north and east. Ecological and site contamination matters have been broadly considered through the previous permissions and groundworks have commenced. Required site remediation can be controlled via conditions. Flooding and drainage matters have also been largely assessed through the previous applications, and the final design of drainage infrastructure (and related impacts on flooding), can be controlled via conditions. The new layout approach is noted and given the lengthy negotiations in arriving at mutually acceptable design parameters, the specific drainage layout is not at an advanced stage. It is accepted however that this matter can be controlled by a condition requiring details before building works commence.
8.8 The layout aims to create the first part of a new neighbourhood of distinctive spaces. The approach to street design and character on entering the site and the use of avenue features, squares, courtyard parking, off-street housing clusters, alternative junctions and areas of more informal shared surfaces, is intended to provide a far more considered design approach. The applicant notes that the ethos aims to move away from impermeable cul-de-sac arrangements and to provide a clear hierarchy of public spaces including streets, courts and ‘node’ points which improve the spaces and permeability within the site. This approach, combined with street geometry and building positions also aims to reduce vehicle speeds (to below 20 mph when into the site) and create a shared, but pedestrian friendly environment. In effect, there is a far
38 greater focus on design and place, than simply considering vehicular movement which heavily characterises conventional layouts. It is reiterated that this is only one phase of a wider development and the applicant has provided a schematic masterplan to guide future applications, and ensure consideration is given to wider pedestrian access routes, open space and other matters common to all phases.
8.9 In considering the layout and design concept it is accepted that it satisfactorily achieves the qualities of successful places as detailed in Designing Streets. It is also considered that it satisfactorily meets the street design hierarchy promoted in Designing Streets. This hierarchy looks to ensure (amongst several aims) that the design gives pedestrians and cyclists priority, ensure good connections through the site, ensure street and junction design achieves low traffic speeds and integrates a range of parking types. It is accepted that this has been satisfactorily achieved through the layout, subject to some conditions on the final details of junctions and parking provision. It is noted that the design has evolved in consultation with both the Transportation Section and applicant’s Transportation Consultants, and taking into account the status of Designing Streets as national policy, it is considered that it has been adequately demonstrated that the layout can operate safely, subject to those final details.
8.10 Notwithstanding paragraph 4.3 above, it is worth noting that this is one of the first large scale layouts the Council has considered based on Designing Streets principles. It is also acknowledged that there is a commercial argument in respect to housing types for a development of this size, and at this location. In particular, it is highlighted that the proportion of detached and semi-detached houses with front gardens and in-curtilage parking (which the policy partly endeavours to resist) is notable. In considering the reality of market demand, the importance of the planning system to assist with economic development, and the flexibility that does exist in Designing Streets, while this form of layout is less preferred the development is considered to strike an acceptable balance overall. It is further acknowledged that while the policy offers some flexibility, the Council’s own application may also require flexibility in future as operational experience is gained.
8.11 Turning to detailed design, it is considered that adequate garden ground per plot is provided throughout the development, appropriate standards are met in respect to overshadowing, overlooking and privacy and the design of the buildings (which include a variety of house types) are acceptable. Materials for both buildings and streets are an important part of achieving Designing Streets policy, but these can be secured through conditions. Details of levels for phase one have been provided which raise no notable concerns.
8.12 In respect to communal/amenity space, a satisfactory level is achieved and in addition to toddler facilities within the site, the applicant has agreed to a financial contribution to off-site provisions as addressed through consultation with Play Services. Details of the toddler facilities can be addressed through conditions and the financial contribution through a Legal Agreement. Landscaping is also an important aspect of Designing Streets, with enhanced landscaping throughout the layout, including enhanced boundary treatments and the incorporation of extensive tree and hedge planting, and feature walls. These details have been included on the site layout, and fuller detail, appropriate implementation and maintenance can be secured through conditions.
8.13 Drawing all the foregoing matters together, it is therefore considered that the layout adequately accords with the provisions of the emerging local plan and Designing Streets policy.
8.1 4 Consultations: In respect to consultation responses not already discussed, the following points are made:
8.15 Transportation’s observations in respect to full details of the horizontal and vertical
39 alignment of roads (including materials), and the final design of junctions in respect to connecting streets can be adequately controlled via conditions, to ensure reasonable compliance with Designing Streets guidance.
8.16 The outstanding information in respect to the ability of the main through route to accommodate winter maintenance vehicles can be addressed by conditions, ensuring this provision can be reasonably achieved.
8.17 In respect to the parking arrangements, the applicant has provided a schedule showing how parking requirements are achieved, in an integrated fashion as promoted in Designing Streets. It is accepted that overall parking numbers are broadly achieved in an integrated fashion. However, given this is a new approach with a notable proportion of units retaining conventional characteristics, a condition is proposed ensuring those plots incorporate appropriate in-curtilage parking levels, leaving the streets to operate as efficiently as possible with limited amenity impacts as a result of on-street parking. Similarly, a condition is proposed requiring an increase in parking provision at some parking courts. In respect to the remote parking courts highlighted, it is considered that this mostly affects 7 units within the entire site. Taking this limited number into account, along with the streetscape benefits and the overall concept to the site, this is not considered to merit refusal of the application.
8.18 The requirements of SEPA and Scottish Water in respect to drainage and flooding can be secured via conditions.
8.19 The requirements of Scotland Gas Network and Scottish Power can be addressed through a formal advisory note to the applicant in any decision notice.
9. Conclusions
9.1 This application confirms the details of one phase of a wider development which has benefit of planning permission in principle. The detailed design has been found to adequately accord with the adopted and emerging local plans, and with the national policy Designing Streets, on which the layout is largely based. All relevant matters raised through consultation can be appropriate addressed and there are no outstanding objections. It is therefore recommended that planning permission be granted, subject to conditions and completion of the proposed legal agreement.
40 Application No: Proposed Development:
11/00898/FUL Demolition of Existing Building and Erection of Residential Development (Comprising 96 Flats within Four Six Storey Blocks) including associated Roads, Parking and Landscaping. Site Address:
Seafar House Allanfauld Road Seafar Cumbernauld Glasgow North Lanarkshire G67 1HP
Date Registered:
5th August 201 1
Applicant: Agent: Ogilvie Homes KCC Consulting Ltd Mrs Gill Hendry Suite 107 Ogilvie House 47 Timber Bush Pirnhill Business Park Leith Stirling EH6 6QH FK7 8ES Application Level: Contrary to Development Plan: Major Application No
Ward: Representations: 003 Cumbernauld South 57 letter(s) of representation received. Danny Carrigan, William Goldie, William Homer, Gerald McElroy,
Recommendation:
Reasoned Justification: the proposal complies with policies HG3 and HG4 of the adopted Cumbernauld Local Plan 1993. The site is within an existing residential area and would integrate satisfactorily with the surrounding area and not result in any unacceptable adverse impact on established residential amenity.
Legal Agreement:
If the Committee are minded to grant permission, the decision notice will not be issued until a legal agreement under the terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006 is signed between the Council and developer with regard to a financial contribution of f250 per flat for improvement to off-site play facilities in lieu of on site provision.
41 I
Planning Application No 11/00898/FUL Ogilvie Homes Seafar House, Allanfauld Road, Seafar, Cumbemauld Demolition of Existing Building and Erection of Residential Development (Comprising 96 Flats within Four Six Storey Blocks) including * assoclated Roads, Parking and Landscaping. Representations
42 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2, That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-
AL (0) 000 Plot Schedule AL (0) 002 Site Location Plan AL (0) 003 Existing Site Plan AL (0) 004 L Proposed Site Plan AL (0) 010 A Site Sections 1 of 2 AL (0) 01 1 A Site Sections 2 of 2 AL (0)012 A Site Elevations AL (0) 020 B Block A Plots 1-24 Floor Plans AL (0) 021 B Block B, Plots 25-48, Floor Plans AL (0) 022 B Block C, Plots 49-72, Floor Plans AL (0) 023 B Block D, Plots 73-96, Floor Plans AL (0) 026 Outline Design Sections AL (0) 027 Flat Type A AL (0) 028 Flat Type G AL (0) 029 Flat Type H Wheelchair Unit AL (0) 030 Flat Type J AL (0) 24A BLOCK A ELEVATIONS 1 OF 2 AL (0) 25A BLOCK A ELEVATIONS 2 OF 2 AL (0) 31 BLOCK B ELEVATIONS 1 OF 2 AL (0) 32 BLOCK B ELEVATIONS 2 OF 2 AL (0) 33 BLOCK C ELEVATIONS 1 OF 2 AL (0) 34 BLOCK C ELEVATIONS 2 OF 2 AL (0) 35 BLOCK D ELEVATIONS 1 OF 2 AL (0) 36 BLOCK D ELEVATIONS 2 OF 2 SK47 Proposed Bin Store 10-4751-1 006 Detention Basin Section
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
4. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
5. That FOLLOWING demolition of the existing building and BEFORE development works start on the application site, unless otherwise agreed in writing with the Planning Authority, a supplementary site investigation report to the Mason Evans Partnership Ltd Report dated July 2008 shall be submitted to and for the approval of the said
43 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. For the avoidance of doubt this supplemental investigation requires to meet ClRlA scope requirements and should include representative certified asbestos testing.
Reason: To establish the extent and nature of decontamination required in the interests of the amenity and wellbeing of future residents.
6. That any remediation works identified by the site investigation required in terms of Condition 5, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
7. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to 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 and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 7 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
9. 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 drainage arrangements.
10. 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. (e) for the avoidance of doubt the hedging adjacent to the parking areas and street requires to create an established visual barrier prior to the development being occupied
44 and therefore the detailed timetable shall accommodate this.
Reason: To enable the Planning Authority to consider these aspects in detail, to ensure high quality visual amenity in the interests of design and to ensure that the principles of Designing Streets are met.
11. That all works included in the scheme of landscaping and planting, approved under the terms of condition 10 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.
12. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed footpaths; (b) the proposed parking areas; (c) the proposed external lighting; (d) the proposed grassed, planted and landscaped areas; (e) the proposed fences.
Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.
13. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 12 shall be in operation.
Reason: In the interests of visual amenity.
14. That notwithstanding the terms of condition 13 above, no hedging within the site (as detailed on the approved plans), shall be removed, unless otherwise agreed in writing with the Planning Authority.
Reason: In the interests of amenity and the design concept of the development.
15. That BEFORE the development hereby permitted starts, samples 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. For the avoidance of doubt, these materials shall respect the palette of materials for the streets, junctions, squares, footways, and parking areas.
Reason: To enable the Planning Authority to consider these aspects in detail and in the interest of visual amenity and design.
16. That before the development hereby permitted starts, samples of all finish materials to be used in the construction of the streets, footways, squares, junctions and parking courtyards, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, these materials shall be a well considered palette to reflect the aims of Designing Streets and the materials agreed under the terms of condition 15.
Reason: In the interests of traffic and pedestrian safety, to ensure visual quality and to ensure that the materials accord with the principles of Designing Streets.
45 17. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
18. That a visibility splay of 4.5 metres by 90 metres (or any other reasonable standard to be agreed in advance), measured from the road channel, shall be provided to the left from Allanfauld Road along Seafar Road before the development hereby permitted is first occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interest of traffic and pedestrian safety.
19. That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access to the site along the south west and south east lengths of Allanfauld Road and before the development hereby permitted is first occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of traffic and pedestrian safety.
20. That BEFORE the development herby permitted is first occupied the junction improvements shown on the approved plan shall be completed to the satisfaction of the Planning Authority.
Reason: In the interests of traffic and pedestrian safety,
21. That BEFORE the development herby permitted is first occupied the junction improvements shown on the approved plan shall be completed to the satisfaction of the Planning Authority.
Reason: In the interests of traffic and pedestrian safety.
22. That BEFORE the development hereby permitted starts, details of phasing of the development and associated parking shall be submitted to, and approved in writing by the Planning Authority.
Reason: To ensure the provision of adequate parking facilities within the site.
23. That before the development hereby permitted is FIRST OCCUPIED, all areas covered by the scheme, approved under the terms of condition 22; above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as a parking areas.
Reason: To ensure the provision of adequate parking facilities within the site
46 Backclround PaPers:
Representation Letters
Letter from Mr Andrew Rafferty, 9f Allanfauld rd, Seafar, Cumbernauld received 1st September 201 1 Letter from James & lsabella Jarvie, 6e Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr tan Spalding, 12B Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Alison Wilson, 5F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from T. Hayes, 12A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Mary Wallace, 9B Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Michael Bydis, 12D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Christopher Sneddon, 1B Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Alexandra Sneddon, 1B Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Robert Russell, 2J Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Karen Denholm, 1C Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Anne McGuinnes, 7F Allanfauld Road, Seafar, Cumbernauld received 19th September 201 1 Letter from Mr David O'Hara, 3E Allanfauld Road, Seafar, Cumbernauld received 19th September 201 1 Letter from MR Andrew Rafferty, 9f Allanfauld Rd, Cumbernauld, G671EX received 15th November 201 1 Letter from Mr Richard Denholm, 1C Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Craig Denholm, 1C Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Jordan Denholm, 1C Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr James McDonald, 13F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr John McLeod, 8A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Marie McLeod, 8A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr James Emslie, 5D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr George Mclntosh, 2D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Catherine Mclntosh, 2D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Taylor, 2A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from McNamee, 1E Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Leon Fisher, 38 Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Duncan Brown, 9E Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Helen Brown, 9E Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr J Robertson, 1A Allanfauld Road, Seafar, Cumbernauld received 15th
47 September 201 1 Letter from Mrs N Robertson, 1A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Robert McDowall, 1F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr William Barrett, 2F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Margaret McCallum, 4A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Arthur Allen, 5A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Joyce Mills, 58 Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Betty Ferguson, 5C Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr David Ferguson, 5C Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr William Hayes, 12A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Steven Macdonald, 7D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Linda Macdonald, 7D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr James Thomson, 7E Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs May Thomson, 7E Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Rosemary Rafferty, 9F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Gordon McKinstrey, 13C Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Stephen Hendry, 12C Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Matthew Graham, 4D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr lan Morrow, 1 1D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Ann Morrow, 11D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Andrew Rafferty, 9F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Sarah Thompson, 11F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mr Thomas Bell, 13A Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Cherie Aderson, 12F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Sandra Morrow, 3D Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from R Bell, 3F Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from A Carmichael, 5E Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from Mrs Grace Miller, 2G Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1 Letter from G Chapman, 11E Allanfauld Road, Seafar, Cumbernauld received 15th September 201 1
48 Consultation Responses:
NLC Greenspace received 30 August 201 1 and 04 November Traffic & Transportation received 16 September 201 1, 10 November 201 1,26 January 201 2 Environmental Health (including Pollution Control) received 18 August 201 1 and 09 December 201 1 Scottish Gas Network received 01 September 201 1 Scottish Power Energy Networks received 30 August 201 1 Scottish Environment Protection Agency received 16 August 201 1. NLC Landscape received 18 August 201 1 NLC Education received 16 August 201 1 Scottish Water received 18 August 201 1
Contact Information:
Any person wishing to inspect these documents should contact Ms Susan Miller at 01 236 632498
Report Date:
27*hJanuary 2012
49 APPLICATION NO. 11/00898/FUL
REPORT
1. Site DescriPtion
1.I The proposed development site lies to the North of Seafar Road and comprises 1.72 ha in area. The site is bound by mature woodland to the east and north and Allanfauld Road forms the western boundary of the site. The site originally accommodated a Scottish Power training facility known as Seafar house; however the building is now in partial use by Freedom City Church and associated community uses.
1.2 The site is long and narrow and runs east to west. The site slopes from north to south and has been stepped to accommodate the existing buildings and car parking. The area to the north east of the site has the biggest drop in site levels (approx 9m in total across the site from Seafar Road).
1.3 The existing building is 4 storeys in height and sits at a lower level than Seafar road (by approximately 3m at the eastern end and 6m at the western end) which gives the appearance of a 2 or 3 storey building from Seafar Road. There is an existing footpath which runs east to west through the site adjacent to Seafar Road and a mature line of trees between the footpath and Seafar Road. The footpath sits 2m lower than Seafar Road.
1.4 To the south and west of the site are residential areas of predominantly 1% or 2 storey terraced dwellinghouses from the 1960s, finished in render and concrete tile.
1.5 Part of the site (approximately 0.45 ha) was granted outline planning in January 2009 for residential development. This area is to the western extent of the site and involved the demolition of Seafar House. The eastern area occupied by Freedom Church was not included. This permission was subsequently amended to extend the time period for implementation in January 2012.
1.6 An area to the North, formerly a hotelhestaurant, is zoned for housing in the Finalised Draft North Lanarkshire Local Plan.
2. ProPosed Development
2.1 This application is for a residential development of 96 flats contained in four, six storey, blocks with associated landscaping and car parking (144 spaces). Each flat will have 2 bedrooms. Vehicular access to the site will be taken from Allanfauld Road by means of an improved junction arrangement. The proposed layout breaks from conventional standards justified through ‘Designing Streets’ national policy statement. Whilst the development utilises a cul-de-sac layout the main through route is broken up by a series of squares and structural landscaping to slow traffic giving priority to pedestrians and adding a distinctive character to the development.
2.2 The buildings are six storeys in height with split pitch roofs. The proposed materials comprise facing brick with contrasting panels, upvc windows and rain water goods and concrete tiles.
2.3 This application is for social housing and forms the first stage in a wider project to regenerate 12 residential high rise blocks at Seafar and Kildrum in Cumbernauld which is know as the High Rise Regeneration Project being carried out by Sanctuary Cumbernauld. This project includes sites at Allanfauld Road, Hume Road, Burns Road and Berryhill Road all of which will be the subject of separate planning applications.
50 3. Applicant’s Supportina Information
3.1 The applicant submitted the following information in support of this application:
Design and Access Statement Pre-ApplicationConsultation Report Draft Traffic Management Plan Construction Management Statement Bat Survey Ecological Survey Transport Statement Site Investigation Report Designing Streets Study
4. Site Historv
5.1 The relevant site history to this application:
0 08/00761/OUT Residential Development (In Outline). Granted 15.01.2009 0 11 /01274/AMD Proposed Residential Development (Previous Planning Application 08/00761/OUT) Extension to time. Granted 27.01.201 2.
5. Development Plan
5.2 The application site is located within an area covered by Policy HG4 (Residential Amenity) in the Cumbernauld Local Plan 1993. This policy seeks to protect residential areas by a presumption against loss of houses to other uses and development which could be detrimental to residential amenity. Policy TRIO (Parking) is also relevant. This presumes against any development which would substantially adversely affect the surrounding area by virtue of its car parking or traffic generation implications.
6. Consultations
6.1 A summary of the comments received from the consultees is as follows:
6.2 The Traffic and Transportation team has no objections to the Designing Streets layout subject to conditions. These conditions relate to visibility splays, footway connections, parking provision, horizontal and vertical alignment and materials to be used. It is noted that the parking standards for this type of development are 200% whilst the plans submitted show 150% parking provision. Comments were made in relation to providing access to the site to the North which is zoned in the Finalised Draft North Lanarkshire Local Plan for housing.
6.3 Play Services has advised that a financial contribution is acceptable in lieu of equipped play provision for this site.
6.4 Land Services (Greenspace) raise no objection to the application. The applicant was asked to submit ecological and bat surveys. Greenspace have accepted the findings of these reports and provided additional comments.
6.5 Land Services (Landscape) raise no objection to the application. They gave further comment on play provision, bin stores, materials, trees, landscaping and maintenance. They also requested that a landscape strategy be carried out to address the visual impact of the development. This was considered overly onerous on the development under consideration as there is an existing four storey building on the site and similar applications have not required such an assessment.
51 6.6 Protective Services raise no objection to the application. They provided comments on the Site Investigation and generally agree that the data collected indicates a low risk for the site. A further site investigation requires to be submitted following demolition works. This can be addressed through condition.
6.7 SEPA raise no objection but require conditions to be attached in respect of foul drainage and appropriate SUDS infrastructure for surface water drainage, as well as providing comments on waste management, flood risk and contaminated land.
6.8 Scottish Water has raised no objection to the application. They have advised that Carron Valley Water Treatment Works currently has capacity to service the proposed development. The have also advised that Dunnswood Wastewater Treatment Works has limited capacity to serve new demand. It is considered that this can be addressed through condition.
6.9 Education. No objection. All pupils can be accommodated within existing school capacities.
6.10 Scotland Gas Network raises no objection but highlights that there are pipelines within the vicinity of the site. Guidance for the developer is provided.
6.1 1 SP Energy Network raises no objection but highlights that high voltage cables cross the site and guidance for the developer is provided.
7. Representations
7.1 57 letters of representation objecting to this application have been received. The majority of representations (36) take the form of a standard letter objecting to the application due to the short, medium and long term traffic implications. A petition of 7 signatures was also submitted objecting for the same reasons.
7.2 Further points raised in letters of objection can be summarised as follows:
i. Impact on residential amenity, noise, and the impact of dust and dirt ii. overshadowing of the houses adjacent iii. Concern about how the road junctions will cope with additional traffic. iv. Impact on the condition of Allanfauld Road surface and the impact of heavy traffic on the split level foundations bordering Allanfauld Road. v. The exacerbation of inadequate parking along Allanfauld Road during the demolition and construction phases caused by increased traffic.
8. Plannina Assessment
8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan (Fourth Alteration) 2006, therefore it can be assessed in terms of local plan policy.
DeveloPment Plan - Curnbernauld Local Plan 7993
8.2 The application site is located within an area covered by Policy HG4 (Residential Amenity) in the Cumbernauld Local Plan 1993. This policy seeks to protect residential areas by a presumption against loss of houses to other uses and development which could be detrimental to residential amenity. Policy HG3 (Residential Development) is also relevant. This policy states that residential development will be in keeping with the scale and character of the surrounding area. In particular:
52 The site must provide a satisfactory living environment by accommodating a reasonable size of dwellinghouse, and with acceptable garden area remaining, and with no detrimental effect on existing residential amenity.
The site must be well laid out in terms of pedestrian and vehicular access, car parking, amenities and landscaping.
The site must provide open space appropriate to the development and area in which it is situated.
Houses should properly front onto an adjacent road or should acceptably relate to a suitable orderly disposition of buildings
Vehicle driveways should be constructed to the side of dwellings; front garden parking will only be acceptable if there are over-riding road safety reasons and the amenity of buildings and streetscape is not severely damaged.
8.3 Policy TRIO (Parking) in the Cumbernauld Local Plan 1993 is also relevant. This policy presumes against any development which would substantially adversely affect the surrounding area by virtue of its car parking or traffic generation implications. This issue is discussed is detail in paragraphs 8.17 and 8.18 below. It is considered that the applicant has submitted supporting information to adequately demonstrate that the development achieves a suitable level of car parking and will not adversely impact on the surrounding road network.
8.4 It is considered that the proposal accords with the provisions of the adopted Cumbernauld Local Plan 1993 and therefore should be granted unless material considerations indicate otherwise.
Other material considerations:
8.5 Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration and the zoning remains unchanged. HCF 1A Residential Amenity applies to this site where there is a presumption against developments detrimental to residential amenity in primarily residential areas. It is considered that the application complies with the emerging Local Plan. The North Lanarkshire Local Plan goes on to assess developments under policies DSP3 (Amount, Location and Impact of Development) and 4 (Impact and Quality of Development).
8.6 Policy DSP 4 (Quality of Development) considers more development specific impacts in terms of existing site attributes, and provides a range of assessment criteria. Other relevant material considerations include the associated supplementary design guidance, ‘Good Design Toolkit’which gives further guidance on design and layout, and the Government Policy ‘Designing Streets’ on which the proposed layout is strongly based.
8.7 It is noted that an area to the north, formerly a hotel/restaurant, is zoned in the Finalised Draft North Lanarkshire Local Plan for short term housing (HCF 2 Al).
Desianina Streets
8.8 ‘Designing Streets’ was issued as Scottish Government policy in 2010 and is a material planning consideration in assessing planning applications. This policy established that a new approach to street design and road layout is needed to create better quality, more attractive and safer built environments and represents a move away from a prescriptive standards-based approach. It aims to emphasise the importance of developing new streets focusing on their design, their identity, their contribution to making attractive places, their role in facilitating positive social
53 interaction and in promoting improvements in health by giving higher priority to pedestrians and cyclists.
8.9 The policy states that ‘it should be adopted by all Scottish local authorities or should provide the basis for local and site specific policy and guidance’. A report from the Heads of Planning and Roads & Transportation was presented to Committee on 16th March 2011, where it was agreed to support the policies and principles set out in Designing Streets.
8.10 This is one of the first notable developments using Designing Streets principles to be considered by North Lanarkshire Council.
Residential Lavout and Desian
8.1 1 Four blocks of six storey flats have been evenly spaced and run linear across the site. Split pitched roofs reflects the design of the 1960s dwellinghouses close to the site. The lower two storeys will be grey brick work with the upper floors in a contrasting buff brick. The roof is to be finished in concrete tiles. The blocks are spaced apart sufficiently to accord with the window-window distances and therefore will not cause any adverse privacy issues between blocks. They are designed to maximise solar gain. There are windows on each elevation of the blocks provided passive surveillance to the communal open space and parking areas surrounding the blocks.
8.12 The architectural style of the development is considered acceptable as the split roofs reflect the surrounding 1960s housing. The height is considered acceptable in this case as there are level differences which lessen the impact of the buildings from Seafar Road and across Cumbernauld there is an existing series of high rise blocks. The existing building has a mixed palette of materials between render and cladding and metal roof sections. A recent flatted development on Fleming Road has a mix of facing brick and render and therefore the use of contrasting facing brick is considered acceptable in this case. The lower two levels are to be finished in grey facing brick whilst the upper 4 levels are to be finished in a buff coloured brick.
8.13 In terms of Street Pattern the proposal utilises a cul-de-sac. It is acknowledged that Designing Streets prefers networked routes; however, due to the topography and linear nature of this site it is considered acceptable. A through connection for pedestrians and cyclist has been provided.
8.14 Designing Streets sets achieving appropriate traffic speeds as a key consideration within the street layout and identifies a range of traffic calming measures or principles which can be employed to achieve these. The applicant has taken this guidance into account and incorporated it within the layout which is safe and not dominated by vehicle movement. The techniques used by the applicant include limiting forward visibility, changes in surface texture, changes in surface colour, proximity of landscaping, proximity of built form, street furniture, right angled parking, tight manoeuvring changes in direction, reduced carriage way width and road geometry itself. Tracking assessment has been demonstrated that a service vehicle can access the site and turn at the easternmost square.
8.15 Landscaping forms a large part of this proposed layout enhancing the visual quality of the communal open space and parking provision whilst physically aiding reduced visibility along the cul-de-sac.
8.16 The proposed layout has been subject to extensive discussions throughout the planning process and it is considered that when taking into account the physical constraints of the site they broadly accord with the principles of Designing Streets policy.
8.17 The Traffic and Transportation team has no objections to the Designing Streets layout subject to conditions. These conditions relate to visibility splays, footway
54 connections, parking provision (increased to 200%), horizontal and vertical alignment and materials to be used.
8.18 It is acknowledged that the parking provision of 150% falls short of the 200% required under current parking standards; however, it is considered acceptable in this case due to the social housing tenure proposed for the site and the proximity to the town centre (approximately 800m). To allay fears relating to reduced parking provision the applicant has submitted a robust case to justify the reduction based on their knowledge of proposed user group of the site. Sanctuary has presented findings of a survey of its tenants (who would be housed in this development) including age profile (majority over 65) and car ownership levels (32-46%) which demonstrate that 130% parking provision would more than meet the needs of the development. Extensive discussions throughout the planning process resulted in the provision being increased to 150%.
8.19 The palette of materials used is a very important part of achieving Designing Streets policy as is strong landscaping for this particular proposal. It is considered that suitable materials can be secured through conditions.
8.20 There is an existing public footpath which runs east to west through the site adjacent to Seafar Road which will be retained. This footpath connects to underpasses at either end of the site allowing pedestrians to cross Seafar Road. Pedestrians and cyclists will be able to travel through the site via access points on Allanfauld Road and an existing footpath which runs northwards at the eastern extent of the site.
8.21 In conclusion, the design and layout is considered to satisfy the term of Policy HG3, DSAP 3 and 4 in the Finalised Draft North Lanarkshire Local Plan and meets the principles of designing streets.
Site Levels
8.22 As noted above the site is located on a north south slope. It has already been the subject of terracing works to accommodate the existing building and associated car parking and as such there are retaining structures within the site. The site will be subject to regrading works with most works focused at the north east of the site which will accommodate the SUDS attenuation basin. It is considered that the regrading works will not have a significant impact on existing or proposed properties in terms of privacy, outlook and living environment.
Open Space and Plav Provision
8.23 The Developer’s Guide to Open Space minimum space around dwellings guidance requires that flatted developments have 20sq.m of garden space per bedroom. In this case the layout requires 1920 sq.m of open space. The layout accommodates this level of provision and is therefore acceptable.
8.24 The applicant recognises the need for high quality landscaping in the design and access statement which advises that both soft and hard landscaping will be designing to accord with the principles of Designing Streets and that soft landscaping and boundary treatment will minimise the visual impact of the expanse of car parking. Given the importance of the landscaping within this scheme it is considered that a condition requiring the submission of a detailed landscaping scheme should be placed on any approval.
8.25 The Developer’s Guide to Open Space play provision guidance requires medium developments (30-99 units) to provide Total minimum play space of 1,500 square metres with at least 500 square metres to be equipped play space. Alternatively, a financial contribution can be made where there are suitable existing play facilities nearby which could benefit from upgrading works.
55 8.26 In this case the development will be primarily occupied by older residents and the consultation, carried out by Sanctuary with future tenants, found that on-site play provision was not desired based on previous experience of poorly designed play areas attracting anti-social behaviour. In this case it is considered that a financial contribution is the most appropriate option.
8.27 As this development forms part of the High Rise Regeneration Project it is considered that each phase of the project could make a financial contribution which would allow the Council to create a new play area that could serve all 5 phases and existing residential properties. The combined contribution could then be spent on either upgrading or creating a new play area within the Seafar area within walking distance of each of the sites.
Drainaae and SUDS
8.28 A drainage strategy is contained within the Design and Access Statement. The strategy includes foul sewerage connection to the Scottish Water network, SUDS to provide source control for paved areas (through permeable paving) and a detention basin to provide regional treatment for roads, and treatment and storage for roofs. The detention basin has been shown in the north east of the site. Whilst the strategy is considered satisfactory a condition shall be placed on the consent requiring the submission of a more detailed certified drainage scheme and another condition shall require the implementation of the scheme to be certified.
Ecoloaical Value of the site
8.29 The applicant submitted ecological and bat surveys with the planning application which did not find any evidence of protected species or sensitive habitats. Consultation with Greenspace services on these surveys has confirmed that the finding of the surveys can be accepted and that there should be no adverse impact on the ecology of the site.
Representations
8.30 The following comments are made in respect of issues raised in letters of representation:
Impact on residential amenitv, noise, and the impact of dust and dirt
8.31 Comment: A temporary level of inconvenience in the immediate surrounding area during construction works can be expected in terms of noise and dust. These issues are controlled through separate legislation during the construction phase. Once completed it is considered that the residential development will not cause any adverse impact on the residential amenity of the surrounding area.
Overshadowina of the houses adiacent
8.32 Comment: Block A is 24 metres in height and is closest to the adjacent houses on Allanfauld Road. Due to the positioning of the building and roof pitch, its lower level to Allanfauld Road and its distance (45m) from the nearest residential dwellinghouses (la, lb and Ic) it will not cause any adverse impact on sunlight or daylight. It is acknowledged that the outlook from these properties will change; however, the existing building is four storeys high. The existing building also has a greater footprint that the proposed block of flats. The relevant sunlight test has been carried out and the proposal accords with the guidance.
Concern about how the road iunctions will cope with additional traffic.
8.33 Comment: The plans submitted show alterations to the existing road geometry which retains Allanfauld Road as the priority route and the development site taking access
56 onto the apex of the curve. This is considered an acceptable junction arrangement to serve the site. As part of the Transport Statement the applicant has also submitted a study demonstrating that both the junction at Allanfauld Road and Seafar Road, and junction at Allanfauld Road to the site can adequately accommodate the additional traffic likely to be generated by the development.
Impact on the condition of Allanfauld Road surface and the impact of heavy traffic on the split level foundations borderina Allanfauld Road.
8.34 Comment: The condition of the Allanfauld road and any damage caused by the developers to the foundations of properties does not fall within the remit of this planning application. The Traffic and Transportation team has not raised any concerns about the size or type of vehicles entering the site during the construction period.
The exacerbation of inadeauate parkina alona Allanfauld Road durina the demolition and construction phases caused bv increased traffic.
8.35 Comment: A temporary level of inconvenience in the immediate surrounding area during construction works can be expected. The applicant has provided a traffic management plan and construction management phases which has been drafted to minimise any increase of parking on Allanfauld Road. The construction traffic shall utilise the temporary car park within the site whilst works are ongoing. It is considered that this temporary increase in traffic will not adversely affect the amenity of existing dwellinghouses in the area to such an extent that would merit the refusal of this application. Once completed it is considered that the majority of trips to and from the site would utilise the short stretch of Allanfauld Road to and from Seafar road without having to travel past most of the existing properties on Allanfauld Road.
9. Conclusions
9.1 Taking the above into account it is considered that the proposal accords with the provisions of the adopted Cumbernauld Local Plan 1993, Finalised Draft North Lanarkshire Local Plan. The detailed design has been found to adequately accord with the adopted and emerging local plans, and with the national policy Designing Street. It is considered that comment relating to the technical detail of this scheme can be adequately addressed through the use of conditions and legal agreement. The objections raised in the letters of representation have been fully considered; however, for the reasons detailed in the planning assessment above, they have not been upheld. It is therefore recommended that planning permission be granted subject to conditions and completion of the proposed legal agreement.
Note to Committee: One of the objectors has requested that a site visit and hearing be carried out prior to the determination of this application to expand on their concerns about residential amenity, traffic generation and existing infrastructure issues.
57 Application No: Proposed Development:
11 /01 O9O/ADV Erection of Sign (Retrospective)
Site Address:
Gable End Of 18-28 Hamilton Road Motherwell MLI IBB
Date Registered:
16th November 201 1
Applicant: Agent: Mr Jim Bennett N/A United Taxis 6b Netherdale Road Wishaw ML2 OER
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 01 8 Motherwell South East And Ravenscraig No letters of representation received. Kaye Harmon, Thomas Lunny, Linsey McKay, Alan Valentine,
Recommendation: Refuse
Reasoned Justification:
The proposed development fails to comply with the relevant policies set out in the Southern Area Local Plan (2008) and the Finalised Draft North Lanarkshire Local Plan (2009). The proposal cannot be accommodated without detriment to the surrounding area in terms of the impact on visual amenity of the surrounding area and that it could lead to a proliferation of advertisement signs within the area.
58 PlANNlNG APPLICATION 1 II01 090 j AW Produced by krh Lanarkshire Counal Mr Alistair Weir Planning and hvironment Department,
Erection of Canopy Sign
Gable End Of 18-28 Hamitton Road, Motherwell 59 Pr 01898 403053 Recommendation: Refuse for the Following Reasons:-
1. The advertisement is contrary to Policies RTL5 and ENV17 of the Southern Area Local Plan (2008) and RTC lA, NBE 1C and DSP 4 of the Finalised Draft North Lanarkshire Local Plan (2009). It is considered an unnecessary addition to the street scene and by virtue of its scale, design and prominent location is detrimental to the visual amenity of the surrounding area and may lead to a proliferation of advertisement signs within the area.
60 Backaround PaDers:
Letter of support from Mr Jim Bennett (Applicant) received 20thSeptember 201 1
Representation Letters
None
Consultation Responses:
None
Contact Information:
Any person wishing to inspect these documents should contact Mr Gary McEwan at 01698 2741 17
Report Date:
26th January 2012
61 APPLICATION NO. 1l/OIOSO/ADV
REPORT
1. Site Description
1.1 The site is the gable of a tenement style building located to the north of the junction between Hamilton Road and West Hamilton Street within Motherwell Town Centre. The sign has been erected at second floor level of this 3 storey building. There are no buildings located directly adjacent the site and the sign faces south west down Hamilton Road. The site is surrounded by a mixture of uses. Directly to the south west of the site is Hamilton Road Conservation Area.
2. Proposed Development
2.1 The applicant has erected a sign 3.05m wide by 1.53m in height advertising a taxi firm. The sign is located just above half way up the right side of the gable elevation of the 3 storey tenement style property.
3. Applicant’s Supportinq Information
3.1 The applicant has submitted a letter of support. They point out that there have been no complaints from the public, and consider the advert to be well presented and not a road safety problem They also indicate that they provide a safe travel service for the community which operates 24 hours a day and that the company employs over 500 drivers.
4. Site History
4.1 No relevant planning history. There is another similar sign located directly below the ‘United Taxis’ sign advertising Lanarkshire Letting. This sign is subject to separate application (1 1/01230/ADV).
5. Development Plan
5.1 The site is zoned as RTL5 (Town Centre Areas) of the Southern Area Local Plan (2008).
5.2 The site is zoned as RTClA (Town Centres) of the Finalised Draft North Lanarkshire Local Plan (2009).
6. Consultations
6.1 None.
7. Representations
7.1 No letters of representation have been received.
8. Plannina Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant. The site is zoned as RTL5 (Town Centre Areas) however policy ENV17 (Advertisement Hoardings) is also relevant.
AdoPted Local Plan
62 8.2 Policy RTL5 (Town Centre Areas) seeks to protect and enhance town centre’s retail and commercial function and guards against proposals which would have a negative impact on the amenity of Town Centres. Whilst advertisements such as fascia and projecting signs which relate to the business operating at a site are considered an acceptable addition to the street scene within town centres, the current advertisement is considered an unnecessary addition to the street scene, it does not relate to the site in question as the business is not based from this building and by virtue of its scale, prominent location and design results in a negative impact on the visual amenity of Motherwell Town Centre. The advertisement is therefore considered to be contrary to Policy RTL 5.
8.3 Policy ENV17 (Advertisement Hoardings) indicates that when considering proposals for Advertisement Hoardings, the Council will examine the affect on the visual amenity of the area, the affect on public safety and the proliferation of hoardings in the area. The sign is not related to the business within the property upon which it is located and, being situated at second floor level, is clearly visible from the south west for some distance on the approach by traffic and pedestrians along Hamilton Road which serves as a significant arterial route through Motherwell. It is considered that the addition of signage of this size at this location is unacceptable as it does not bear any relationship to the building upon which it is situated. The sign is an unnecessary addition to the street scene and results in visual cluttering and by virtue of its location, design and scale it detracts from the character of the surrounding area. It is also considered that the approval of this sign could set a precedent for further such signs within the Town Centre and at other locations. If approval were to be given a wide range of local businesses may have equal expectations regarding erecting their own displays. This would undermine the Council’s future attempts to control inappropriate signage and could lead to a proliferation of signs detrimental to visual amenity. It should also be noted there have been a number of similar advertisements which have been refused with the decision upheld at appeal by the Scottish Government. The advertisement is therefore considered to be contrary to Policy ENV17.
North Lanarkshire Local Plan
8.4 A material consideration is the Finalised Draft North Lanarkshire Local Plan. Policies RTC 1A (Town Centres) and NBE 1C (Advertisement Control) are relevant to the application. RTC 1A indicates that the Council will seek to protect the amenity of Town Centres within North Lanarkshire. NBE 1C indicates that applications for advertisement consent will be assessed on the basis of impact on visual amenity, public safety and cumulative impact of proliferation. It is considered that for the reasons detailed above in paragraphs 8.2 and 8.3, the advertisement is detrimental to the visual amenity of the area and may lead to a proliferation of advertisement signs within the area. The advertisement is therefore not in compliance with these policies.
8.5 The Finalised Draft North Lanarkshire Local Plan (2009) also requires proposed developments to be assessed against DSP policies 1-4. DSP 4(d) indicates that developments should integrate successfully into the local area, avoiding harm to the neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing or proposed properties. It is therefore considered that from this perspective and for the reasons detailed above in paragraphs 8.2 and 8.3 the current advert is not acceptable in terms of the requirements of policy DSP 4.
9. Conclusions
9.1 In conclusion it is considered that the development fails to meet the criteria set out in Policies RTL5 and ENV17, of the Southern Area Local Plan (2008) and RTC IA, NBE 1C and DSP 4 of the Finalised Draft North Lanarkshire Local Plan (2009) in that the advertisement is considered an unnecessary addition to the street scene and by virtue of its scale, design and prominent location is detrimental to the visual amenity of the surrounding area and could lead to a proliferation of advertisement signs within the area. It is therefore recommended that advertisement consent be refused.
63 Application No: Proposed Development:
11/0117O/FUL Erection of Dwellinghouse Site Address:
Land East Of 51 Wishaw High Road Cleland Motherwell ML1 5LL
Date Registered:
28th October 201 1
Applicant: Agent: Mr & Mrs William Beck Mr WH Dickie 51 Wishaw High Road 77 Hamilton Road Cleland Motherwell Motherwell ML1 5LL Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 019 Murdostoun No letters of representation received. Robert McKendrick, James Martin, Nicky Shevlin, John Taggart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development although not in accordance with the land use zoning of the site as contained within the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan, can be accommodated without detriment to the character or function of the Green Belt at this location and will have no significant adverse impact upon the surrounding area.
64 ncmgr leptaraamm Produced by Odiaicm Srueymakl81 PLANNING APPLICATION 1 I I01 170 I FUL Mrth Lanarkshire Counul urn arpennksbrof Planning and huimnment Department, Odiaim Siueroi belan ofthe CortDle IQ1nr I Malrs~s Mr & Mrs William Beck same ry OW.QCmrrt qrlgrt Uiaitlorted ~prcdrclbr~ift~igs cmur Land East Of 51 Wishaw High Road, Cleland, qrlgltardmaykadlo M ot he we1I prtnecrmi orcllllpmmeQlrgs. ~,bh~aralksh~n~orrc~t immms zms tel 01188 274274'1 Erection of Dwellinghouse 65 hx 01188 433053 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997), as amended by the Planning etc (Scotland) Act 2006.
2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997), as amended by the Planning etc (Scotland) Act 2006.
3. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
4. That with the exception of conditions 5 and 7, the development shall be implemented in accordance with drawing no.l126/01, unless otherwise agreed in writing by the Planning Authority.
Reason: To clarify the drawings on which this approval of permission is founded. 5. 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. For the avoidance of doubt roof tiles shall be flat profiled, grey or black in colour, the use of facing brick shall be restricted to the base course and decorative features only, and external walls shall be finished in a buff, white or off white render.
Reason: In the interests of the amenity of the site and the general area.
6. 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 for the avoidance of doubt a close boarded fence shall be erected on the boundary of the adjacent bus yard with all fences thereafter being erected in accordance with the details approved under the terms of this condition.
Reason: In the interests of the amenity of the site and the general area.
7. That the access to the site shall be via a shared access arrangement with the existing dwelling at 51 Wishaw High Road and shall have a visibility splay of 2.5 metres by 90 metres, measured from the road channel, on both sides of the vehicular access and before the dwellinghouse is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow within these sight line areas. The access road shall have a minimum width of 5.5 metres, full details of which shall be submitted to and approved in writing by the Planning Authority, and shall be completed prior to the dwellinghouse being occupied.
Reason: To ensure satisfactory vehicular access facilities to the dwelling.
8. That before the dwellinghouse hereby permitted is occupied the first 5 metres of the driveway shall be surfaced in an impervious material, to be approved by the Planning
66 Authority.
Reason: To prevent deleterious material being carried onto the road.
9. That any gates to be erected at the vehicular access shall be located 6 metres into the site and shall be inwards opening.
Reason: In the interests of traffic and pedestrian safety.
10. That before the development hereby permitted starts, a plan shall be submitted and approved in writing by the Planning Authority demonstrating the provision of in-curtilage parking spaces and a turning facility to enable vehicles to enter and leave the site in forward gear, outwith the area of communal access, and that before the dwellinghouse hereby permitted is occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
11. 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.
12. That any remediation works identified by the site investigation required in terms of Condition 11, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
13. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
67 Backaround Papers:
Consultation Responses:
Memo from Transportation received 22"d November 201 1. Memo from Protective Services received 14'h November 201 1. Memos from Greenspace Services received 25'h November 201 1 and 1Oth January 2012.
Contact Information:
Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19
Report Date:
26'h January 2012
68 APPLICATION NO. 11/0117O/FUL
REPORT
1. Site Description
1.I The site comprises an area of land to the south east of 51 Wishaw High Road, it is surfaced in tarmac and presently used in conjunction with a bus company. The application site is bounded by a single storey dwelling to the north west, the yard area to the north and north west, by open unkept land to the south east (which has planning permission for a dwellinghouse) and by open land to the south. Vacant land is situated to the north on which an application for the erection of dog kennels has been withdrawn. Further north and east of the site lies a Site of Importance for Nature Conservation (SINC) which will be unaffected under the proposals. The site gradually slopes down from the north of the site to where it meets Swinstie Road.
2. Proposed Development
2.1 The applicant proposes to erect a detached dwellinghouse with attic accommodation. The proposed dwelling is of traditional design, would measure 3 metres to the eaves and 7.9 metres to the ridge on the main building, whilst the ridge of the elongated section at the rear of the dwelling would measure 6.4 metres in height. Two hipped and pitched dormer windows and one velux window are proposed on the principle elevation with velux windows on the rear and the build out section. The house is proposed to be finished with concrete interlocking roof tiles, render and block work and will be positioned further back from Wishaw High Road than the dwelling at no. 51. It is proposed to use a communal vehicular access to serve this house and two others; the existing dwelling at no. 51 and a 3rd that was granted permission in December 2010 and is to be located to the south east of the proposed house. Exact details of the configuration of this access have not been submitted at this stage.
3. Applicant's Sumortina Information
3.1 A badger survey has been submitted in connection with the application.
4. Site Historv
4.1 The site was originally part of a horticultural nursery associated with the existing adjacent dwellinghouse and has been used in association with a bus company for a number of years. A planning application is under consideration for the erection of dog kennels, three containers and a mobile home on land to the north east (09/01160/FUL). Detailed planning permission was granted by the Planning and Transportation Committee on the 20th December 2010 following a site visit and hearing, for the erection of a detached dwellinghouse on land to the south east of the application site (10/00893/FUL).
5. Development Plan
5.1 The site is zoned under Policy ENV6 (Green Belt) in the Southern Area Local Plan 2008.
5.2 The site is covered by Policy NBE3A (Green Belt) in the Finalised Draft North Lanarkshire Local Plan.
6. Consultations
6.1 Transportation advised that vehicular access should be taken from the existing site access and that a visibility splay of 2.5 metres by 90 metres is required. Three car parking spaces and a turning facility are also required, with any gates being set back 6 metres into the site, with the first five metres of the access being fully surfaced.
69 6.2 Protective Services have advised that a Site Investigation is required.
6.3 Greenspace Services requested that a badger survey be submitted. Following the receipt of the survey, Greenspace have accepted the findings that there is no evidence of badgers within the site and the 30 metre buffer around the site.
7. Rewesentat ions
7.1 No letters of representation have been received in relation to this application.
8. Planninq 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. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy ENVG (Green Belt) in the Southern Area Local Plan 2008. Policies HSG11 (Housing in the Green Belt and Countryside) and TR13 (Assessing the Transport Implications of Development) are also relevant.
DeveloPment Plan:
8.2 The site is covered by Policy ENVG (Green Belt) which presumes against any development that will affect the character and function of the Green Belt, and against development other than that directly associated with an appropriate rural use. The applicant has provided no justification in terms of operational need for this dwelling associated with an appropriate rural use. However following the approval of the dwellinghouse on the land to the south east by Committee on the 20th December 2010 and the past use of the site it is considered that in this instance that the proposed dwelling would be acceptable in principle as it would infill the small gap between the existing and approved dwellings within the Green Belt. Given the circumstances and nature of the site and its surroundings the proposal would have no significant adverse impact upon the wider character and function of the Green Belt. While it does not fully comply with the policy requirements the proposal is considered to be acceptable.
8.3 Policy HSG 11 indicates that new houses will only be permitted where there is a proven operational need in accordance with Policy ENV 6. In addition the Council must assess the visual prominence of the site, the compatibility of the site to a rural location and the incorporation of traditional design features and finishing materials. As noted in Paragraph 8.2 above, although no operational need exists it is considered that the principle of a detached dwelling in this site is acceptable following the approval of the dwelling to the south. With regards to the overall scale and mass of the proposed dwelling, the design of the house was amended from the originally submitted proposal so that the dwelling is of a style and scale that is more in keeping with what was approved on the adjacent plot. The dwelling now comprises a traditional design that would be acceptable at this location. Plot dimensions are such that the proposed and existing dwelling would continue to have open space standards well in excess of the Council’s Open Space Standards. With regards to the impact on the privacy and amenity of adjacent dwellings, there would be no issues with regards to window to window distances as the windows are mainly on the front and rear elevations, with side windows only serving non-habitable rooms. Given the adjacent bus yard it is considered appropriate to accept a screen fence to protect the future occupants of the dwelling as opposed to the traditional boundary treatment in green belt areas of post and wire fence with Beech/Hawthorn hedging, and a condition is attached to confirm the type of fence/wall to be installed. There would be no adverse impact from the development on the sunlight and daylight afforded to adjacent dwellings given the position of the proposed house within the plot. It is therefore considered that the proposed development is in accordance with the aims of Policy
70 HSG11.
8.4 In assessing the transportation impacts of a development, Policy TR13 applies. Transportation have raised no concerns subject to conditions relating to access, parking and turning and these have been duly attached as sufficient space exists within the frontage of the site to accommodate these requirements.
Finalised Draft North Lanarkshire Local Plan
8.5 The application site is zoned as NBE 3A Assessing Development in the Green Belt in the Finalised Draft North Lanarkshire Local Plan. This policy seeks to protect the character of and to promote development in the Green Belt through restricting development to acceptable types. The definition of acceptable types of development is detailed below:
i) proposals necessary for agriculture, forestry or horticulture ii) facilities for outdoor recreation, education and tourism that are compatible with an agricultural or natural setting. Enhance an existing cluster of development and are acceptable in terms of design, scale and countryside integration.
Developments are required to have a positive economic benefit; minimise adverse environmental impacts; do not pose undue infrastructure implications and must have regard to PAN 72 Housing in the Countryside.
8.6 As indicated at paragraph 8.2 above the proposed development is considered as a gap site that although in a Green Belt setting would be acceptable in terms of its impact. It is therefore considered that the development although contrary to Policy NBE 3A is acceptable given the circumstances and characteristics of this particular site. With regards to PAN 72 Housing in the Countryside the principle of the development is considered acceptable through the provision of a small scale infill development.
8.7 Policy DSP1 Amount of Development is not relevant to this proposal as the development is below the threshold for justification. Policy DSP2 Location of Development is also not relevant as the development meets the location criteria. Similarly the development does not require to be assessed by Policy DSP3 Impact of Development given the minimal scale of the development.
8.8 Policy DSP4 Quality of Development states that development will be permitted where sustainable design standards and site planning are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with design principles which lead to the creation of a distinct, successful place addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through overlooking, loss of privacy or amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4. As detailed in paragraph 8.3 above, it is considered that the proposed layout, scale of development and resultant density is in keeping with the immediate vicinity of the application site given the recent approval of the new house on the adjacent site. Similarly the proposed design and finishing materials are considered acceptable when assessed against the adjacent properties. As stated above open space and amenity requirements can be achieved. The transportation implications of the development have been discussed in paragraph 8.4 above. It is therefore considered that the proposals are acceptable in terms of the requirements of policy DSP 4. The design of the proposed dwelling is also considered to comply with the requirements of PAN 72 Housing in the Countryside.
71 Consultations:
8.8 With regard to the response received from Protective Services planning conditions have been attached to address the matters raised. Following the receipt of the comments from Greenspace Services, a Badger Survey has been submitted detailing that there is no evidence of badgers within a 30 metre buffer of the application site.
9. Conclusions
9.1 In conclusion, this planning application for a single house plot has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. Although the development is contrary to Policy ENVG, a case can be made for this proposal to be treated as an acceptable departure from the Development Plan. The development would not significantly detract from the character or function of the Green Belt at this particular location given its past use and position between and existing and proposed house. The development complies with the other policy requirements relating to the residential development contained in the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. It is therefore recommend that the application be granted subject to conditions.
72 Application No: Proposed Development:
11/01225/FUL Formation of Allotments, 2.4 Metre High Security Fence and Associated Parking Site Address:
Site At Fife Drive Forgewood
Date Registered:
24th November 201 1
Applicant: Agent: Central Scotland Forest Trust N/A Hillhouseridge Shottskirk Road Shotts
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 6 Motherwell West No letters of representation received. Paul Kelly, Michael Ross, Annette Valentine,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009. The development would improve community facilities in the locality and the impact upon the surrounding area is considered to be acceptable.
73 Produced by b&~Lanarkshire Council Planning and bwmnment Departmnt, Central Scotland Forest Trust
Formation of Allotments, 2.4 Metre High Security Fence and Associated Parking tel 01688 274274'1 Site At Fife Drive, Forgewood, Motherwell fax 01698 403053 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with plans stamped approved as part of this permission.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).
4. That within 4 weeks of the completion of the development hereby permitted, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
5. That before the development hereby permitted is brought into use, a scheme for the upgrading of the existing parking area and the formation of a dropped kerb access, shall be submitted to and approved in writing by the Planning Authority. The approved scheme shall be completed to the satisfaction of the Planning Authority before the development is brought into use.
Reason: In the interest of the amenity of the site and the general area.
6. That BEFORE any of the allotments hereby permitted are brought into use, the Nylofor 3D fence specified in the plans hereby approved shall be completed, and thereafter maintained to the satisfaction of the Planning Authority. For the avoidance of doubt the colour of the fence shall be green RAL 6005.
Reason: In the interest of the amenity of the site and the general area.
7. That PRIOR to any works of any description being commenced on the application site, a report showing soil testing, including investigation for residue pesticides, shall be submitted to the satisfaction of the Planning Authority.
Reason: To ensure that the site is free of contamination in the interests of the amenity of future users.
75 Backaround PaDers:
Consultation Responses:
Memo from Protective Services received 22"d December 201 1 Memo from Greenspace received 21'' December 201 1 Memo from Transportation received 12'h December 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 274104
Report Date:
24th January 2012
76 APPLICATION NO. 11/01225/FUL
REPORT
1. Site Description
1.1 The site is a rectangular shaped area of open space which forms part of wider parkland. The area of the site is 4428 square metres and it is currently maintained grass with a football pitch to the north, a site of importance for nature conservation (SINC) and housing lie to the east, the Greenlink pedestrian footway network is located to the south and woodland to the west.
2. Proposed Development
2.1 Planning permission is sought to use the open space as allotments for the local community. The proposal would involve a 2.4 metre high security fence around the perimeter and the creation of a formalised hard surface at the entrance onto Fife Drive providing informal parking for 8 cars. A mixture of plots, up to 50 in total, would be created, for individual and group use and would provide opportunities for locals to grow their own food.
3. Applicant's Supportinu Information
3.1 The applicant has submitted a supporting statement outlining that the proposal is part of the Greenlink community project that has come about as a result of community consultation and promotes the involvement of local people to use the greenlink as a means of displacing anti-social behaviour.
4. Site History
4.1 Planning permission was granted on the 12'h May 2004 for the Greenlink adjacent to the site which involved the construction of a new cycleway and footpaths linking adjacent communities to Strathclyde park and Motherwell/Ravenscraig (reference: 04/00271/FU L).
5. Development Plan
5.1 The site is zoned as ENV 6 (Green Belt) in the Southern Area Local Plan 2008.
5.2 The site is designated as Policy HCFI 82 (Town Parks and Community Parks) in the Finalised Draft North Lanarkshire Local Plan 2009.
6. Consultations
6.1 A summary of comments from the consultees are as follows:
i. Transportation raised no objections subject to a dropped kerb access arrangement and provision of 10 parking spaces. ii. Protective Services have advised that historical data has shown a former coal pit exists 100 metres from the site and have recommended soil testing to ensure it is suitable for this purpose. Should contamination become evident they would recommend a full site investigation. iii. Greenspace have raised no objections due to the potential community benefits and large amounts of remaining public open space in the vicinity.
7. Representations
7.1 No letters of objection were received following the neighbour notification process.
77 8. Plannina Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant. The site is zoned as ENV 6 (Green Belt) and policy CS1 (Provision of Community Facilities), CS4 (Assessing Applications for Community Facilities) and TR13 (Assessing the Transport Implications of Development) are also relevant to this proposal.
AdoDted Local Plan
8.2 Policy ENV6 resists proposals that would harm the character and function of the Green Belt but supports outdoor leisure, recreation and agriculture. The proposal would provide a facility for the local community and would not adversely affect the nature and function of the surrounding Green Belt. The allotments would enhance the outdoor facilities for local people interested in growing their own food. The proposal therefore complies with ENV6.
8.3 Policy CS1 seeks to enhance the range and quality of community facilities within the plan area by supporting community projects provided they accord with CS4. CS4 considers the extent to which proposals meet a shortfall in community services, impact on surrounding area, transportation issues and detailed design elements. The surrounding housing at this part of Forgewood is predominantly high density with several flats in the vicinity and the proposal would potentially give local individuals and groups access to land for growing their own food. Given the large area of public open space that would remain it is not considered to have an adverse impact on the surrounding area. As mentioned in the supporting documents the proposal arises as a result of community consultation. The proposal accords with CS1 and CS4. Transportation issues are discussed below.
8.4 Policy TR13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. The proposed means of access is via a dropped kerb arrangement which is in line with Transportation’s recommendation. The 8 parking spaces proposed are short of Transportation’s recommended 10 spaces, however there is also public parking in the vicinity in the form of nearby lay-bys. The allotments would be well served by the greenlink itself and, as they would be for local use, there is less need for residents to drive to the site. As such the impact on the local road network would be acceptable and is therefore in accordance with policy TR13.
Finalised Draft North Lanarkshire Local Plan
8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan 2009, which identifies the site as HCFlB2. This policy seeks to maintain community well- being in residential areas by protecting community facilities and details that all proposals will be assessed against DSP3 (Impact of Development) and DSP4 (Quality of Development). As discussed above it is considered that the proposed development would have a positive impact on the community, is in a suitable location and would integrate successfully with this residential area. The proposal therefore accords with the Finalised Draft North Lanarkshire Local Plan.
Consultations
8.6 In relation to the comments from Protective Services conditions are attached requiring the appropriate testing and any mitigation works that may be required.
78 9. Conclusions
9.1 In conclusion, following detailed assessment of the application, it is considered that the proposed development is acceptable when considered against the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is therefore recommended that planning permission be granted subject to conditions.
79 Application No: Proposed Development:
11/01248/FUL Demolition of Existing Day Care Centre and Erection of Replacement Day Care Centre including Access Ramp Site Address:
Antonine Day Care Centre Darroch Way Seafar Cumbernauld North Lanarkshire G67 IQB
Date Registered:
9th November 201 1
Applicant: Agent: North Lanarkshire Council Social Work & Housing Richard Barclay Services Design Services 52 Merry Street Philip Murray Road Motherwell Bellshill MLI IJE ML4 3PA
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 4 Abronhill, Kildrum And The Village No letters of representation received. Councillors Grant, lrvine and Johnston,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The replacement day care centre would accord with the relevant policies within the Adopted Cumbernauld Local Plan 1993 and the Finalised Draft North Lanarkshire Local Plan. The new building is considered acceptable in design, scale, height and siting and would provide an appropriate replacement for the existing building. Consequently the development would not adversely affect the visual or residential amenity of the surrounding area.
80 Planning Application No 111012481FUL North Lanarkshire Council Social Work & Housing Services Antonine Day Care Centre Darmch Way, Seafar, Cumbemauld. Demolition of EAsting Day Care Centre and Erection of Replacement Day Care Centre Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- LOCO1, SWMS11014 ELEVO1, SWMS11014 PLAN 03, SWMS11014SS ELEV01 and SWMSl1/014/Gen_Ol
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
5. That before the development hereby permitted is complete, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
6. That before construction of the approved building begins a further coal mining site investigation and risk assessment shall be undertaken and submitted to the Coal Authority and Planning Authority for approval.
Reason: To ensure the mineral stability of the site.
7. That any mitigation works identified by the coal mining site investigation and risk assessment required under condition 6 shall be agreed in writing with the Coal Authority and carried out to the satisfaction of the Coal Authority and Planning Authority. A certificate (signed by a responsible engineer) shall be submitted to the Planning Authority confirming that the works have been carried out in accordance with the agreed mitigation measures.
Reason: To ensure the site can adequately accommodate the development without risk to future users.
8. That BEFORE the development hereby permitted starts, elevational details of the proposed ramp hereby approved shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt these ramps shall include handrails.
Reason: To enable the Planning Authority to consider these aspects in detail.
9. 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:-
82 (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail.
10. That all works included in the scheme of landscaping and planting, approved under the terms of condition 9 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: In the interests of the visual amenity of the area.
11. That BEFORE the development hereby permitted starts, full details of the design and positioning of the retaining wall and fencing at the western side of the car park shall be submitted to, and approved in writing by the Planning Authority. The development shall then be carried out in accordance with the details of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail in the interests of visual amenity.
12. That BEFORE the development hereby permitted starts, a plan showing a section across the proposed car parking area from west to east shall be submitted to and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider the relationship of the development with the western boundary.
13. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the Planning 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.
14. That the SUDS compliant surface water drainage scheme approved in terms of Condition 13 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) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
83 Backaround Papers:
Representation Letters
None
Consultation Responses:
Traffic & Transportation received 23 November 201 1 The Coal Authority received 18 November 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mr William Shand at 01 236 632499
Report Date:
10 January 201 2
84 APPLICATION NO. 11/01248/FUL
REPORT
1. Site Description
1.I Planning permission is sought for the demolition of an existing day centre building and erection of a replacement day centre with access ramp. Situated within the site at present is a single storey public building currently used as a day centre which has a non delineated parking area to the front. The levels within the site vary greatly with the south eastern end of the site being generally flat before falling in both a westerly and northerly direction. The site falls significantly in the middle of the site before levelling off where the building is currently situated and then falls away again to the north of building but at a gentler gradient. The adjacent road at Darroch Way follows this pattern with the road sloping downwards as it moves away from the junction with Seafar Road. The land is neighboured by an expanse of open space including woodland to the north and west, residential properties to the east (Darroch Way) and south (Seafar Road). The site is heavily screened from both Seafar Road and Darroch Way from dense tall vegetation. Several tall blocks of flats at Seafar Road also overlook the site.
2. Proposed Development
2.1 This application involves the demolition of the existing day centre and proposed replacement with a new building, new car park and new ramped access. The proposed building would be a single storey in height and would be positioned generally in the same location as the previous building. The building would be slightly higher than the previous building with the proposed building at most being 0.55 metres higher than the existing. The current car park would be formalised and levelled with the spaces delineated and the inclusion of designated areas for drop off, deliveries and bin stores. This would include the provision of 19 standard parking spaces and 3 disabled parking bays. An access ramp would also be constructed on the eastern edge of the site to provide access from the front of the building to the recreational area to the rear. The main function of the day centre would be to provide a civic building for use by elderly and vulnerable people to socially interact, participate in activities, receive healthcare and generally have a place that they can use and visit that is different from their home.
3. Applicant’s Supportina Information
3.1 The applicant has provided a supporting statement to indicate how the building generally functions in terms of users, staff and visitors. There are 28 service users which currently use the building and there would be no increase in this. Generally there will be 18 staff members working in the building at different points of the day including clerical staff, health workers, care workers managers, cleaners and kitchen staff. In addition to this, at various times of the week consultants (such as health advisors, dentists and doctors) may visit the building on an ad hoc basis. The applicant notes that due to the nature of the service nearly all of the users will either be dropped off by bus, taxi or family member and would not require specific car parking spaces.
4. Site Historv
4.1 There is no recent planning history for this site.
5. Development Plan
5.1 The site is located in an area designated as HG4 (Residential Amenity) within the Adopted Cumbernauld Local Plan 1993.
85 5.2 Policies EN 7 (Impact of Development on Locality), EN 8 (Impact of Development on Site) and EN 9 (Scale and Character of Development) within the Adopted Cumbernauld Local Plan 1993 are also of relevance.
6. Consultations
6.1 As the site falls within the Coal Authority referral zone the Coal Authority were consulted as part of the application. The Coal Authority expressed a substantive concern to the proposal based on the findings of a coal mining site investigation and risk assessment provided by the applicant.
6.2 The Transportation Section of the council was consulted but expressed no objections to the proposal subject to amendments to the parking scheme.
7. Representations
7.1 Following the standard neighbour notification procedure and an advert in the local press no letters of objection were received to the application.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues and therefore can be determined in accordance with the Adopted Cumbernauld Local Plan 1993.
8.2 DeveloDment Plan - Adopted Cumbernauld Local Plan 1993 The site is designated as HG4 (Residential Amenity) which states that there will be a presumption in favour of development of an ancillary nature which enhance the provision of local community facilities and services. As the proposal would involve the replacement of an existing local community facility this development would accord with the terms of this policy providing the residential amenity of the area was not adversely affected.
8.3 Policies EN7 (Impact of Development on Locality), EN8 (Impact of Development on Site) and EN9 (Scale and Character of Development) are also of relevance to this application. Policy EN7 states there will be a presumption against development which could be harmful to the surrounding area through additional traffic, inadequate drainage, unacceptable loss of privacy, sunlight or daylight, unacceptable pollution or physical damage to neighbouring properties. The development would not adversely affect neighbouring properties in terms of traffic or nuisance as the building currently operates as a day centre and there would be no increase in service users following completion of the new building. The proposed building would almost be on the same footprint as the previous building and would be set a significant distance away from neighbouring properties. Along with the set off distance between the building and residential properties would be the existing vegetation buffer. Due to this no significant sunlight, daylight or privacy issues are anticipated from this development even when taking into account the increase of the building by 0.55 metres. The parking provision in the site would be formalised and designated and it is considered that the proposed parking provision would be adequate in number and size. It is therefore considered that the development would not adversely impact on the immediate locality or the residential amenity of the surrounding area.
8.4 In terms of policy EN8 this policy specifies a presumption against development unless it is well related to the landscape or townscape, provides adequate protection for any features on the site, complies with the requirements of the highway authority and meets the requirement of authorities responsible for drainage, safety and refuse disposal. The development integrates well into the site and is designed so as to relate to the surrounding area. The building currently provides a community service and the continued use of the building for this purpose would be beneficial to the community.
86 The site also benefits from a significant number of trees and other vegetation which can be protected through this development. The siting of the building, ramp and car park would be such that none of these site features need be adversely affected. To ensure protection of the natural boundary features a condition should be applied in terms of landscaping details. Transportation have been consulted and have no objections to the parking provision and access arrangements. Consideration has been given to refuge collection and building access. Drainage for the car parking area may need further consideration given the change to the level however this can be covered via a standard condition since there already exists a car park in this location.
8.5 Policy EN9 states that all development will be expected to make a positive contribution to the overall quality of the environment through its design, materials and landscaping. The design and scale of this development is considered appropriate for both the site and the setting. The proposed materials are also considered appropriate for the style of building and residential setting. It is considered that the building would contribute to the character of the area and would integrate well with the setting of the area. To this accord it is considered that the development would comply with policies EN7, EN8 and EN9 of the adopted local plan.
8.6 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan (FDNLLP): A material consideration is the FDNLLP which designates this site as HCF1 (Protecting Housing and Community Facilities Resources). This policy does not conflict with the provisions of the Adopted Cumbernauld Local Plan 1993. Given the scale of development Policies DSP 1-3 would not be relevant to this application however the application would be required to be considered against policy DSP 4 (Quality of Development). It is considered however that this policy has been sufficiently covered through the consideration of the development through policies EN7, EN8 and EN9 of the Adopted Cumbernauld Local Plan 1993.
8.7 Consultations - Transportation: The transportation section of North Lanarkshire Council were consulted as part of the application and had no objections to the proposal but did ask for an increase in the width of disabled parking spaces, increase in length of all parking spaces and an increase in the aisle width. The applicant has complied with this through amending the parking layout and vehicle movements.
8.8 Coal Authority: As the site is located within a Coal Authority referral zone which has a history of sub surface mining the Coal Authority were consulted as part of the application. Following their consideration of the coal mining risk assessment submitted by the applicant the Coal Authority indicated that they had a substantive concern toward the development and objected to the application. This was based on the information within the report which suggested that there might be shallow mine workings below the site. Following the submission of additional information by the applicant the Coal Authority have removed their objection but asked that a condition be applied for further investigative boreholes be carried out in an area of concern with mitigation being provided if necessary.
9. Conclusions
9.1 The proposed day care centre with associated car parking and access ramp is considered acceptable in terms of the policies within the Adopted Cumbernauld Local Plan 1993 and the Finalised Draft North Lanarkshire Local Plan. The proposed building is considered appropriate in scale, design and siting and would integrate well with the site and surrounding residential setting. The development is of benefit to the wider residential area being a community facility for public use and would not adversely affect the residential amenity of the area in terms of loss of sunlight, daylight or privacy. The replacement of the existing day centre with this development is considered acceptable and the proposed building and car parking arrangement would greatly enhance the visual appearance of the site. Following the standard neighbour notification procedure no letters of objection were received and therefore it is recommended that the application be approved subject to the attached conditions.
87 Application No: Proposed Development:
11/0126O/FUL Change of Use from Public House to used Car Sales
Site Address:
4-6 Holytown Road Holytown
Date Registered:
12th December 201 1
Applicant: Agent: Mr Kevin McTear N/A KMT Cars 41 Marshall St Wishaw
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 5 Mossend And Holytown No letters of representation received. James Coyle, Paul Delaney, Kevin McKeown,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009 in that it will not adversely affect the road network or character or amenity of the area.
88 . MI
Produced by PlANNlNG APPLICATION I1I01 260 I FUL North bnarkshire Counal Planning and kuimnment kpartmm, Mr Kevin McTear 4-6 Hobtown Road, Hobtown, ML4 1ED Change of Use from Public House to used Car Sales 84 01688 274274'1 Cx 01698 403053 89 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans stamped approved as part of this permission.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).
4. That within 4 weeks of the completion of the development hereby permitted, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority,
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
5. That, notwithstanding the terms of condition 2 above, BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. That before the business hereby permitted becomes operational, the fences, or walls, as approved under the terms of condition 5 above, shall be erected.
Reason: To safeguard the residential amenity of the area.
7. That operations on site, for which planning permission is hereby granted, shall take place only between the hours of 9.00am and 5.30pm Monday to Saturdays and 12.00pm to 4.00pm on Sundays.
Reason: To safeguard the residential amenity of the area.
8. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.
Reason: To define the permission.
9. That before any works commence on site, a scheme of parking in the forecourt shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, this shall show adequate numbers of parking spaces for use by staff and customers of the proposed development. Unless otherwise approved in writing by the Planning Authority the number of spaces allocated for staff and customers shall equate
90 to 3 spaces per 100 sq m of display area. These spaces shall be delineated before the car sales comes into use and thereafter be maintained as visitor and staff car parking spaces and not for the display of cars for sale.
Reason: To define the permission and to ensure adequate parking provision in the interests of road safety.
10. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the permission hereby granted shall relate to the use of the site/buildings solely for car sales and no other use other than that approved in writing by the Planning Authority.
Reason: To define the permission and to ensure adequate parking provision.
91 Backaround Paoers:
Representation Letters
None received
Consultation Responses:
Memo from Transportation received 23rdJanuary 201 1 Memo from Protective Services received 28*hDecember 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 274104
Report Date:
24th January 2012
92 APPLICATION NO. 11/0126O/FUL
REPORT
1. Site Description
1.I The site is the former ‘Shieling’ public house which was fire damaged and has since become derelict. The building sits level with Holytown Road with the site sloping downwards from the road and access to the side into the car park to the rear. The site is bounded by dwellings, industrial properties and a car wash to the north, open space to the east, south and a railway to the west.
2. Proposed Development
2.1 Permission is sought to use the site for car sales taking access from the established access onto Holytown Road. No works are proposed to the building and a temporary portacabin would be sited to the rear for use as a sales office. The existing car park to the side and rear of the former pub would be used as a sales area and customer parking, the portacabin would be positioned at the rear of the building.
3. Applicant’s Supportinu Information
3.1 None.
4. Site History
4.1 A recent application for conversion of the existing building to form 6 flats and erection of a block of 6 flats was withdrawn on the 4‘h May 201 1.
5. Development Plan
5.1 The site is zoned as RTLG (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Plan 2008.
5.2 The site is designated as Policy HCF1 B1 (Protecting Housing and Community Facilities Resources) in the Finalised Draft North Lanarkshire Local Plan 2009.
6. Consultations
6.1 A summary of comments from the consultees are as follows:
i. Protective Services have raised no objections to the proposal ii. Transportation have raised no objections
7.
7.1 No letters of objection were received following the neighbour notification
8. Planninu Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant. The site is zoned as RTLG (Secondary, Village and Neighbourhood Commercial Areas) and policy HSG7 (Established Housing Areas) and TR13 (Assessing the Transport Implications of Development) are also relevant to this proposal.
93 AdoDted Local Plan
8.2 Policy RTL6 encourages retail uses but is also supportive of other types of commercial activity where the development does not adversely affect the character and amenity of the commercial area. The public house is currently derelict and no longer provides a local amenity. A car sales business is not a use which is usually associated with such neighbourhood areas, however, in this instance there is a mixture of different uses in the vicinity such as industry and a car wash across the road. Given that the past use was a public house, it is not considered that car sales would have an adverse impact on the character and amenity of the surrounding area and the proposal is therefore in accordance with RTL6. The impact on the housing across the road and transportation issues are considered below.
8.3 Policy HSG7 discourages development that would have an adverse impact on residential amenity. A row of established housing exists across the road, however, given that the most recent use was a public house, use for car sales is less likely to cause disturbance to local residents. No works are proposed to the building on site opposite the houses and the sales office would be sited to the rear in a portacabin and would not be visually prominent from the street. It is not anticipated that the volume of customers and deliveries would be significantly different and given that the hours of operation would be during the day, the impact on the nearby housing would be acceptable and the proposal is therefore in accordance with HSG7.
8.4 Policy TR13 sets criteria relating to road and pedestrian safety, parking and servicing. No changes are proposed to the established access and car parking would remain at the rear of the building. There is a bus stop in close proximity to the access, however, the use proposed would not result in a significant change in the impact on the road network in terms of the amount of customers and deliveries visiting the site. As discussed above in paragraph 6.1 Transportation have raised no objections. As such the impact on the local road network would be acceptable and the proposal is therefore in accordance with policy TR13.
Finalised Draft North Lanarkshire Local Plan
8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan 2009, which identifies the site as HCF 1A (Residential Amenity). This policy resists proposals that would have an adverse impact on the character and amenity of surrounding residential properties. As detailed above, the impact on the surrounding area is considered to be acceptable, as such, the proposal is also in accordance with HCF 1A. The Finalised Draft North Lanarkshire Local Plan goes on to assess developments under policies DSP3 and 4 (Impact and Quality of Development) and for the reasons already detailed in the report, these assessment criteria are satisfied. As such, the proposal accords with the emerging local plan.
9. Conclusions
9.1 In conclusion, following detailed assessment of the application, I consider that the proposed development is acceptable when considered against the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is therefore recommended that planning permission be granted subject to conditions.
94 Application No: Proposed Development:
11/01277/PPP Erection of Two Storey Detached Dwellinghouse (in Principle) Site Address:
Site To West Of Barrwood Cottage Coach Road Kilsyth North Lanarkshire
Date Registered:
22nd December 201 1
Applicant: Agent: Mr Christopher Linn Mr James Kerr 10 Victoria Park Edgemount Kilsyth Parkburn Road Glasgow Kilsyth North Lanarkshire Glasgow G65 9AH North Lanarkshire G65 9DG
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 001 Kilsyth No letters of representation received. Mark Griffin, Jean Jones, David Key,
Recommendation: Refuse
Reasoned Justification: The proposal is contrary to the terms of Green Belt Policy in the Kilsyth Local Plan 1999 and policy NBE 3A (Assessing Development in the Green Belt) in the Finalised Draft North Lanarkshire Local Plan in that it will adversely affect the character of the area.
95 Planning Application No 1II0127i'PPP hh Christopher Linn Site To Wsl Or, Bzrrwood Cottage, Coach Rod, Kilwth Erection of Two Storey Detached Dwellinghouse On Principle] 1:1,250 I' '
96 Recommendation: Refuse for the Following Reasons:-
1 The proposed dwellinghouse is contrary to the development plan in that it does not accord with policy GB3 (Restrict Development in the Green Belt) in the adopted Kilsyth Local Plan 1999 as the proposed dwellinghouse is not connected with agriculture or forestry, horticulture, nature conservation, appropriate countryside recreation and tourism dependent upon a countryside location and other development, which can be shown to require to be located in the Greenbelt and the applicant has failed to demonstrate an overriding specific locational need.
2 The proposed dwelling house is contrary to the terms of the Finalised Draft North Lanarkshire Local Plan 2009 in that it does not accord with policy NBE 3A (Assessing Development in the Green Belt and the related North Lanarkshire Council Supplementary Planning Guidance on Greenbelt development) and DSP 2 (Location of Development) as the proposed dwellinghouse is not connected with agriculture or forestry and the applicant has failed to demonstrate an overriding specific locational need.
3. If approved, any subsequent development would lead to the loss of the open character of the landscape within this Green belt location.
4. That should planning permission be granted a precedent will be set for inappropriate development within protected Green Belt areas.
97 Backaround Papers:
Representation Letters
No letters of representation received.
Consultation Responses:
Traffic & Transportation (Northern Area) Memo received 28'h December 201 1
Contact information:
Any person wishing to inspect these documents should contact Mr Paul Williams at 01 236 6325 19
Report Date:
7'h February 2012
98 APPLICATION NO. 11/01277/PPP
REPORT
1. Site Description
1.1 The application site lies at the corner of Coach Road and Coach Close, beyond the eastern edge of Kilsyth. It is bounded to the east by South Barrwood Cottage, Coach Road to the South and open countryside beyond, to the north is open land and beyond this, dwellings at Coach Close, to the west there is more open land.
1.2 The site slopes upwards from south to north. It has mature trees and shrubs along its southern and western boundaries as well as pocket of trees at the northern corner of the site. The site consists of the side garden of South Barrwood Cottage and is maintained lawn. The rear section of the site is made up of untended scrub.
2. Proposed Development
2.1 This application seeks consent, in principle, for the erection of a two-storey detached dwelling on a site at the corner of Coach Road and Coach Close, Kilsyth. Although the application is for Planning Permission in Principle, the applicant has indicated a proposed vehicular access from Coach Close.
3. Applicant’s Sumortina Information
3.1 The applicant has provided no supporting information.
4. Site Historv
4.1 There is no relevant site history
5. Development Plan
5.1 The proposal is not of strategic significance and as such, does not conflict with the Scottish Planning Policy (SPP) and the Glasgow and Clyde Valley Joint Structure Plan 2006. As such, the proposal requires to be assessed against the relevant policies in the Kilsyth Local Plan 1999 and the Finalised Draft North Lanarkshire Local Plan (FDNLLP).
5.2 As the site lies within the Green Belt, the relevant policy is GB3 within the Kilsyth Local Plan 1999. Policy GB 3 sets out that there will be presumption against residential development in the Greenbelt unless it is shown to be necessary for furtherance of agriculture, forestry, and horticulture or other uses appropriate only to a rural area.
5.3 The relevant policy within the Finalised Draft North Lanarkshire Local Plan (FDNLLP) is policy NBE 3A. Policy NBE 3A states that the Council will protect the character and promote development in the Green Belt and the Rural Investment Area through restricting development to acceptable types and operating assessment criteria. Acceptable types of development include proposals necessary for agriculture, forestry or horticulture, facilities for outdoor recreation, education and tourism that are compatible with an agricultural or natural setting or for telecommunications, generation of power from renewable sources, or other appropriate rural uses.
99 5.4 The proposal also requires to be assessed against policies DSP 1-4 in the Finalised Draft North Lanarkshire Local Plan. DSP1 relates to the amount of development, DSP2 relates to the location of proposed development, DSP3 relates to the impact of the development and DSP4 the quality of the development. As the application is for Planning Permission in Principle, design detail cannot be assessed. However, location and impact can be assessed in general in the context of a proposed two- storey detached dwelling.
6. Consultations
6.1 The Traffic and Transportation Team Leader has stated, that were the application to be approved, the following issues would have to be addressed :-
A 2m wide footway should be provided along the frontage of the proposed dwellings. Minimum sightlines of 2m x 20m should be provided and maintained for the driveway. Therefore any fencing or planting provided is not to exceed 900mm in height. Further sightlines of 4.5 x 90m should be provided and maintained at the junction of Coach Close and Coach Place The driveway should be paved to prevent loose chippings being carried onto the public road. Drainage facilities should be provided to prevent surface water running onto the road from the driveway. Gates if provided should open inwards and not outwards onto the public road. In-curtilage parking should be provided at the following levels Detached/ Terraced; 1 - 2 bedrooms (2 spaces); 3 - 4 bedrooms (3 spaces); 5 + bedrooms (4 spaces) Garages should have minimum dimensions of 6.0m long x 3.0m wide before they can be considered as usable parking spaces.
6.2 A report from the Coal Authority has been submitted by the applicant. The report states that the property is in the likely zone of influence from workings in 1 seam of coal at 180m to 200m depth, and last worked in 1897.Any ground movement from these coal workings should have stopped by now. In addition the property is in an area where the Coal Authority believe there is coal at or close to the surface. This coal may have been worked at some time in the past. The property is not in the likely zone of influence of any present underground coal workings. The property is not in an area for which the Coal Authority is determining whether to grant a licence to remove coal using underground methods.
6.3 As there is a known high pressure gas pipeline within the area, a PADHI consultation was undertaken. The nearest high pressure gas main (Glenmavis / Letham), is in excess of 150 metres from the Application Site. The Health and Safety Executive (HSE) notification zone for this main is 125 metres. There is therefore, no requirement to consult HSE.
7. Representations
7.1 The proposal was advertised in the Kilsyth Chronicle of the 1lth of January 201 2. No letters of representation have been received.
100 8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning Scotland Act 2007 requires that proposals should be assessed in terms of the Development Plan and any other material considerations.
8.2 In this case, as the proposal has no strategic implications, the proposal has to be assessed against the criteria contained within the relevant local plan policies. The relevant policy is GB3 in the Kilsyth Local Plan 1999 and Policies NBE3A and DSP1-4 in the Finalised Draft North Lanarkshire Local Plan.
8.3 In terms of Policy GB3, this policy states that there will be a presumption against residential development in the Greenbelt unless it is shown to be necessary for the furtherance of agriculture, forestry, and horticulture or other uses appropriate only to a rural area. This proposal as it stands does not include information regarding the need for a residential development in this area. Therefore this application is considered to be contrary to policy GB3.
8.4 In terms of Policy NBE3A in the Finalised Draft North Lanarkshire Local Plan, this policy states that types of acceptable development in the Green Belt are proposals necessary for agriculture, forestry or horticulture or facilities for outdoor recreation, education and tourism that are compatible with an agricultural or natural setting. The proposal as it stands does not include information to justify the requirement for residential development in this area. Therefore this application is considered to be contrary to policy NBE3A and in the same context contrary to DSP2 (Location of Development).
8.5 The application site lies within the Greenbelt immediately to the east of the boundary of the Greenbelt and the urban envelope of Kilsyth. As stated in paragraph 5.4 above, although this application is in principle, the potential impact of a two-storey dwelling on the site can be assessed. With the exception of South Barrwood Cottage to the east, the character of this part of the landscape is essentially of open countryside. Notwithstanding that it is considered that South Barrwood Cottage would have sufficient remaining private garden ground if the plot were to be developed, it is considered that the curtilage of South Barrwood Cottage (of which the application site is part of) provides a visual transition between the urban envelope of Kilsyth and the open landscape of the Greenbelt beyond. It is considered that the development of this site would result in the loss of the special character of South Barrwood Cottage curtilage as described above.
8.6 Furthermore, as there is adjacent undeveloped land to the north of the application site and in between the application site and dwellings in Coach Close, it is considered that if this application was approved, it would set an undesirable precedent for other similar inappropriate and unjustified plotted development within the Green Belt.
9. Conclusions
9.1 As the proposal is for a dwelling in the Green Belt without any justification in terms of Green Belt Policy criteria, the proposal is contrary to Green Belt policy. Furthermore, as there is similar undeveloped land adjacent to the application site, it is considered, if approved, this application would set an undesirable precedent for similar inappropriate and unjustified residential development. This application is therefore recommended for refusal.
101 Application No: Proposed Development:
11/01287/AMD Removal of Condition 2 - Agricultural Occupancy Condition- from Application No S/03/00949/FUL Site Address:
24 Spindleside Road Bellside Cleland MLI 5NT
Date Registered:
12th December 201 1
Applicant: Agent: Mrs Mary Moffat Stewart Toy 24 Spindleside Road 29 High Stret Bellside Lanark Cleland ML11 7LU MLI 5NT Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 9 Murdostoun Robert McKendrick, James Martin, Nicky Shevlin, No letters of representation received. John Taggart,
Recommendation: Approve
Reasoned Justification:
The proposal does not fully comply with the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. However, in the circumstances of the case presented the removal of the occupancy restriction in this instance would be acceptable as it would not result in additional built development within or be harmful to the character and function of the Green Belt.
102 PLANNING APPLICATION 11 I01 287 I AMD Produced by hbrth Lanarkshire Council Planning and hwronment bpartmnt, Mrs M afy Moffat blziel Building, Motherwell, 24 Spindleside Road, Bellside, Cleland ML1 1SX Removal of Condition 2 -Agricultural Occupancy A telO1898 274274 Condition - from Application No SI031009491FUL fax 01898 403053 I I 103 Backaround PaDers:
Consultation Responses:
None Required.
Contact Information:
Any person wishing to inspect these documents should contact Fraser Miller at 01 698 2741 19
Report Date:
26th January 201 2
104 APPLICATION NO.l1/01287/AMD
REPORT
1. Site Descrbtion
1.I The application relates to a dwelling that was constructed as an agricultural workers house located at Spindleside Farm Cleland. The dwellinghouse is a modern bungalow, it is bounded by Spindleside Road along its north east and south east boundaries, while the original farm house, buildings and open fields lie adjacent to the north west and south west respectively. Access to the site is taken directly onto Spindleside Road.
2. ProDosed Development
2.1 The application seeks planning permission for the non compliance of condition 2 of planning consent 03/0094O/FUL. The condition states ‘That the occupation of the dwellinghouse hereby permitted shall be limited to a person employed full-time in agriculture, as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997, or forestry, or a dependant of such person, residing with him, or her, or the widow or widower, of such a person.
3. Amlicant’s Sumortina Information
3.1 The applicant is seeking the non compliance with the agricultural occupancy condition following the death of her husband who was employed in association with the adjacent Spindleside Farm. The supporting information received indicates that the applicant is no longer to have any association with the workings of the farm and that the land is to revert to the main farm that the applicant‘s house was originally justified against.
4. Site Historv
4.1 The previous applications on the site are as follows:-
0 03/0094O/FUL Erection of Dwellinghouse (application site) approved on the 4‘h April 2005. 0 11/01203/FUL Extension to Side and Rear of Dwellinghouse to form Granny Annexe, under consideration.
5. DeveloDment Plan
5.1 The application site is zoned as Policy ENV6 (Green Belt) in the Southern Area Local Plan 2008.
5.2 The application site is zoned as Policy NBE 3B in (Green Belt) in the Finalised Draft North Lanarkshire Local Plan.
6. Consultations
6.1 None Required.
7. Rewesentat ions
7. I No letters of representation have been received.
8. Plannina 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
105 unless material considerations indicate otherwise. The application raises no strategic issues. It can be assessed in terms of the local plan policy. The site is zoned as Policy ENV 6 (Green Belt) in the Southern Area Local Plan 2008.
AdoPted Local Plan
8.2 Policy ENV 6 states that the Council will safeguard the character and function of the Green Belt by maintaining a presumption against development, other than that associated with and required for an appropriate rural use. In this instance the principle of the dwellinghouse was accepted following the approval of the 2003 permission, subject to the agricultural occupancy condition. Consequently, the determining issues in this application are whether circumstances have changed to the extent that the agricultural need which justified the approval of the house in the first instance no longer exists and whether the removal of the condition would have an adverse impact upon the character and function of the Green Belt. The supporting information submitted indicates that the applicant will no longer continue in the agricultural business following the death of her husband. While the condition does not prevent her from remaining in the house she has sought its removal. In addition the applicant has presented that the dwellinghouse may be considered to be within the village envelope as opposed to having a Green Belt designation. Whilst policy ENV6 is restrictive in so far as it relates to the erection of new dwellings, the current application does not concern an application for a new dwelling, rather it relates to an existing dwelling whose agricultural justification no longer exists. The net impact upon the character and function of the Green Belt would be zero. It is considered that the circumstances have changed to the extent that the agricultural need which justified the approval of the house in the first instance no longer exists. Condition 2 is therefore redundant in this instance as no longer serving a useful or necessary planning condition. It is therefore considered that the non compliance with condition 2 would not be fully compliant with Policy ENV6, but may be considered to be acceptable as its removal would not harm the character or function of the Green Belt.
Finalised Draft North Lanarkshire Local Plan:
8.3 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). The site is zoned as NBE 3B (Assessing Development in the Green Belt and Rural Investment Area). NBE 38 seeks to protect the character of the Green Belt and the policy position remains in effect the same as the Southern Area Local Plan. As indicated above it has been demonstrated that the dwelling is no longer utilised for agricultural purposes in association with Spindleside Farm. The proposal is considered to be acceptable when assessed against Policy NBE 38 of the Finalised Draft North Lanarkshire Local Plan.
8.4 A material consideration in the assessment of this application is a letter from the Director and Chief Planner at the Scottish Executive in relation to occupancy restrictions and rural housing. The letter states that Scottish Planning Policy promotes a positive approach to rural housing. It states that development plans should support more opportunities for small scale housing development in all rural areas, including housing which is linked to rural businesses. It does not promote the use of occupancy restrictions and actively discourages their use. Another material consideration is an appeal decision dated 14'h December 2012 for the non compliance with conditions 3 and 4 imposed on planning permission 301/92A dated 8'h April 1993. The appeal site was Cala Cottage, Stanebent Farm, Torbothie Road, Shotts. The appeal related to the non compliance with an agricultural occupancy condition. The appeal was lost by the Council on the grounds that it was demonstrated that the ground no longer functioned as an agricultural holding and it was not possible to continue with the functional association between the house and the agricultural holding. It is therefore considered that the non compliance with condition 2 of planning permission 03/00940/FUL is consistent with recent Government Guidance and a recent appeal decision on a similar case.
106 9. Conclusions
9.1 The proposed does not fully comply with the criteria set out in the relevant policies contained within the Southern Area Local Plan in that the house would no longer be associated with an appropriate rural use. However approval of this application would not result in harm to the character or function of the Green Belt. Furthermore, in light of the change in circumstances and the changed emphasis in the North Lanarkshire Local Plan and Government Guidance relating to a more permissive approach to development in the rural area it is recommended that permission be approved.
107 Application No: Proposed Development:
11/01362/FUL Temporary Siting of Snack Van Site Address:
Carpark Adjacent To Nisa Carfin Road Newarthill ML1 5JZ
Date Registered:
5th December 2012
Applicant: Agent: Mrs Ann Paterson N/A 1 Brannock Avenue Newarthill ML1 5DS Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 017 Motherwell North 2 letters of representation received. Annita McAuley, Helen McKenna, Peter Nolan, Gordon Stewart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed continued location of the snack van at the site accords with Policy RTL6 of the Southern Area Local Plan 2008 and Policies HCFlA and RTC3 6 of the Finalised Draft North Lanarkshire Local Plan, a further temporary planning permission would allow the proposal to continue to be assessed.
108 Produced by PLANNING APPLICATION 11 I01 362 I FUL Nom Lanarkshire Council Plannina and bvironment Deoartmnt. Mrs Ann Paterson
Carpark Adjacent To Nisa, Cattin Road, Newarthill
Temporaty Siting of SnackVan bll01898 2742747 A hx 01898 403053 Representation * 109 Proposed Conditions:-
1. That this permission shall ensure for a temporary period only and the snack van and associated vehicle hereby permitted shall be removed from the site, and the land restored to its former condition to the satisfaction of the Planning Authority, within 3 years of the date of this permission, unless a further application has been submitted to and approved by the Planning Authority.
Reason: To accord with the terms of this application.
2. That the opening hours of the snack van, for which planning permission is hereby granted, shall be between the hours of 7am and 3pm Monday to Saturday and 8am to 3pm on Sundays.
Reason: To define the permission and in the interest of amenity.
3. That the snack van and associated vehicle shall only be located at the area outlined black on the approved plans.
Reason: To ensure that disruption to the car park is kept to a minimum and as few spaces are affected as possible at the rear of the site.
4. That except for the terms of condition 3 above, the development shall be implemented in accordance with the drawings stamped approved as part of this permission.
Reason: To clarify the drawings on which this approval of permission is founded.
5. That a litter bin shall be provided on site for the duration of the permission.
Reason: In the interests of the amenity of the area.
6. That no open air storage of stock shall take place within the application site.
Reason: In the interests of the amenity of the area.
7. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006. a. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
110 Backaround Papers:
Representation Letters
Letter from Mr Zahid Hussain, 72 Carfin Road, Newarthill, Motherwell received 19th December 201 1 Letter from Mr Kevin Marshall, Sals Hot Food, 62 Carfin Road, Motherwell received 11th January 2012
Consultation Responses:
Transportation received 21'' December 201 1 Head of Property received gthJanuary 201 2 Environmental Health received 23rdJanuary 201 2
Contact Information:
Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01698 274 102
Report Date:
26th January 2012
111 APPLICATION NO: 11/01362/FUL
REPORT
1. Site Description
1.I Renewal of planning permission is sought for the siting of a mobile snack van within the existing public car park adjacent to the Nisa shop on Carfin Road, Newarthill. To the north-east of the site is the Nisa store and to the south-west an existing hot food takeaway and other commercial properties. To the south of the site beyond the car park is open space; while to the north are residential properties. The snack van is to be sited in the south east corner of the car park.
2. Proposed Development
2.1 Consent is sought to renew the temporary 3 year consent which expired on 7th December 201 1(08/01498/FUL). Temporary planning permission has been granted on 2 occasions since 2007 for a snack van at this location.
3. Applicant’s Supportincl Information
3.1 No additional information has been submitted in support of the application.
4. Site History
4.1 07/0152O/FUL Siting of Snack Van granted permission 27‘h December 2007 08/01498/FUL Renewal of Planning Permission for Snack Bar Site granted permission 1 1th December 2008
5. Development Plan
5.1 The site is covered by Policy RTL6 (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan (2008).
5.2 The site is designated as HCFlA (Residential Amenity) of the Finalised Draft North Lanarkshire Local Plan 2009.
6. Consultations
6.1 Transportation have confirmed they have no objection to the proposal provided permission is granted on a temporary basis (3 years) to allow control should parking issues arise.
6.2 Property Services have objected to the proposal from an Estate Management perspective on the basis of issues commonly associated with snack vans including anti social behaviour, litter and congestion. They recommend refusal based on the recently approved Council policy on the siting of snack vans on Council land.
6.3 Pollution Control has confirmed they have no objections to the proposal.
7. Representations
7.1 2 letters of representation were received following the neighbourhood notification period and press advertisement period. The points of objection are summarised below:
1) The applicants vehicle is not always parked within the area they have been given permission to park it and occasionally the applicant parks a second vehicle.
112 There are signs in front of the snack van indicating the car park spaces at the snack van are to be used only by snack van customers. The applicant discourages persons not buying from the snack van from parking in these spaces.
3) The number of advertising signs the applicant has erected within and at the entrance to the car park on the public footway are considered to be a potential hazard to customers of the adjacent commercial premises and cars exiting the car park. The applicant removes the above signage when asked to by Transportation but replaces them after a few days.
The applicant has been previously reported for selling chips from the snack van
The applicant has been running a live electrical wire from a neighbouring dwelling to the snack van but continues to do so.
The applicant disposes fat and grease into the field to the rear of snack van.
There are three fast food shops within close proximity of the snack van therefore the snack van should be sited elsewhere.
8. Plannina 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. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policy. The site is zoned as RTL 6 (Secondary, Village and Neighbourhood Commercial Areas). Policies RTLI 1 (Assessing Applications for Bad Neighbour Developments) and TR13 (Assessing the Transportation Implications of Developments) are also relevant.
Adopted Local Plan 8.2 Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) indicates that the Council will support types of commercial activity such as Class 3 Food and Drink where such development does not adversely affect the character and amenity of the relevant Commercial Area and accords with the provisions of Policy RTL 11 Bad Neighbour Developments. Policy RTL 6 also indicates that the Council will support the provision of other uses which complement the role and function of Secondary, Village and Neighbourhood Commercial Areas. Policy RTL 11 requires that consideration must be accorded to the impact of the proposal on the character and amenity of the area, detailed design elements and the provisions made for access, parking, servicing as well as the impact on pedestrian safety and traffic circulation. Policy TR13 requires assessment of the proposal against its impact upon the road network and traffic safety. The location of a snack van at the site has already been accepted as being consistent with these policies in that 2 previous applications have been approved. Excepting the representations received in association with this application, no complaints have been received regarding the impact of the development on the character of the amenity of the area. As mentioned above in paragraph 6.1, Transportation has no objections to the proposal subject to permission being for a temporary period of 3 years only. As noted above in paragraph 7.1 there have been two letters of objection. In view of the comments from Transportation and the representations received it is therefore recommended that another temporary consent for a period of three years be given to allow continued assessment of the situation and to allow the Council a degree of control over the future use of the car park.
Finalised Draft North Lanarkshire Local Plan
8.3 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). The site is within an area covered by
113 Policy HCFlA (Residential Amenity), Policy DSP 4 (Quality of Development) is also relevant to the assessment of the proposal.
8.4 HCF1A (Residential Amenity) lists criteria that the Council considers acceptable and of an ancillary nature to a residential area including retail for local needs. In this instance the snack van has been previously approved at this location and subject to the recommended conditions it is considered that its existence will not harm the amenity of the area.
8.5 DSP 4 (Quality of Development) requires all development successfully integrate into the local area without causing any due harm by relating well to existing surroundings and amenity through noise or disturbance. As indicated above, it is considered that subject to the recommended conditions, the proposal would be acceptable in terms of impact on the surrounding amenity and meets the requirements of policy DSP4.
Rewesentations
8.6 In response to the points of representations I would comment as follows:
1) A planning condition is proposed to ensure there is adequate parking within the site. The site will be monitored if planning permission is granted to check for compliance of this condition.
2) and 3)The siting of the advertisement signs will be investigated however this matter is not relevant to the assessment of this proposal.
4), 5), 6)and 7) The selling of chips, the live wire connection to a neighbouring dwelling, the disposal of fat and grease and the impact of the development on the objectors businesses are not material planning considerations.
Consultations
8.7 With regard to the comments from Property Services, anti-social behaviour is dealt with by the police, pollution from litter is controlled under separate Environmental Health legislation, whilst congestion was not an issue raised by Transportation. Council policy on the siting of snack vans on Council land, while relevant to Property Management, is not a material planning consideration as it relates to ownership and control rather than planning issues. For the reasons noted above, the proposal is considered acceptable.
9. Conclusions
9.1 In conclusion, given the existing mix of land uses at this location the continued siting of a snack van is not likely to have any significant impact upon the amenity of the surrounding area. I am satisfied that the proposed development accords with the relevant policies of the Southern Area local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. Due to the snack van not constituting a permanent structure coupled with its mobile daily status, it is not appropriate to grant a permanent consent. In addition, as indicated above it is considered appropriate to retain a degree of control and allow continued assessment over the operation of the snack van. Thus, for the reasons stated above, it is recommended that temporary planning permission be granted for a further period of 3 years.
9.2 The comments from Property are addressed above in planning terms. However, whilst the proposal is considered acceptable on planning grounds, as the land falls within Council ownership, Property control the leasing agreements and should they maintain their objection, the applicant may be unable to implement any planning consent, should Committee be minded to grant.
114 Application No: Proposed Development:
11/01398/AMD Substitution of House Types (45 Plots) (Amendment to Planning Permission 08/00193/REM: Residential Development) Site Address:
Motherwell Street Airdrie North Lanarkshire
Date Registered:
13th December 201 1
Applicant: Agent: Bellway Homes Limited Scotland N/A Bothwell House Caird Street Hamilton ML3 OQA Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 007 Airdrie North 0 letter(s) of representation received. Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan,
Recommendation: Approve Subject to Conditions
Reasoned Justification: The principal of residential development and the general layout have been previously established through permissions 06/00579/OUT and 08/00193/REM. The amended development is acceptable in terms of design and layout.
115 11/01 398/AMD Produced by Reproduced by permission Bellway Homes Limited Scotland of the Ordnance Survey on N Environmental Services behaw of HMSO. Norlh Lanarkshire Council @Crown copyright and Substitution House Types (45 Plots) Fleming House of Tryst Road database right 2009. All rights (Amendment to Planning Permission reserved. Ordnance Survey Cumbernauld 08/00193/REM: Residential Development) A G67 IJW Licence number 100023396. telOl236 636200 v Motherwell Street Airdrie 116 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-
DL-PH3-EA 03 EDEN-01 H CHURCHILL TF 02 B DEVONSHIRE TF-001 C CHURCHILL TF-01 PALMERSTON TF-01 D WELLINGTON TF-01 B BANNERMAN TF-01 E PORTLAND TKIT-01 0 ROSEBURY TKIT-01 N SALISBURY TKlT 01 L
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).
4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
5. That nothwithstanding the terms of this permission, the requirements (including all ongoing requirements) of planning permission 08/00193/REM remain relevant to this amended scheme and shall be complied with in full, to the satisfaction of the Planning Authority.
Reason: To ensure that the terms of the original consent are met.
117 Backaround PaDers:
Monklands District Local Plan 1991 Finalised Draft North Lanarkshire Local Plan 2009
Consultation Responses:
Traffic & Transportation memo received 06 January 2012
Contact Information:
Any person wishing to inspect these documents should contact Ms Susan Miller at 01 236 632498
Report Date:
20th January 201 2
118 APPLICATION NO. 11/01398/AMD
REPORT
1. Site Description
1.1 This application seeks planning permission for the substitution house types on 45 plots and represents an amendment to the previously approved reserved matters application (08/00193/REM) for the residential development of the former Boots factory site at Motherwell, Street, Airdrie. The site represents phase 6 of the portion of the site being developed by Bellway and extends to approximately 2.88ha. This area is located to the north of the distributor road that serves the site.
2. Proposed Development
2.1 This application seeks to amend the previously approved house types on 45 of the plots. The proposed house types are mainly detatched, with 6 semi-detached, and have a mix of 3, 4 and 5 bedrooms. The houses are two storey with traditional pitched roofs, garden ground and parking areas. The finishing materials for the front elevations are shown as facing brick with stone detailing whilst concrete tiles will be used for the roof.
3. Applicant’s Suwortina Information
3.1 No additional supporting information submitted.
4. Site Historv
0 08/00193/REM Reserved Matters in Respect of Application C/06/00579/OUT for 21 9 Dwellinghouses and 132 Flats over 2, 3 and 4 Storeys Incorporating Full Planning Permission for 900m2 (54 Motherwell Road) and Non-Compliance with Condition 14(b) (Provision of 1No. Footpath Link on Burnhead Road). Granted 24 December 2009. 0 C/06/00579/OUT Residential Development (In Outline) Including the Change of Use of Office Block to Residential. Granted 19 January 2007. 0 C/06/0058O/FUL Construction of Road. Granted 17 October 2006. 0 C/06/00581/MIN Various Land Engineering Operations to Prepare Land for Redevelopment, Including Ground Stabilisation Works, Ground Reprofiling, the Containment treatment of Contaminated Land and the Ancillary Removal of Coal. Granted 01 September 2006.
5. Development Plan
5.1 The site is zoned as ECON 2 General Industrial Areas in the Monklands District Local Plan 1991.
6. Consultations
6.1 Response received from Traffic and Transportation advising that they have no objections to the amended layout.
7. Representations
7.1 There were no letters of representation received following the press advertisement and neighbour notification.
8. Plannina Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act
119 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application is not of strategic significance and should therefore be assessed against the policies contained in the Monklands District Local Plan 1991.
8.2 Adopted Local Plan - Monklands District Local Plan 1991: The site is zoned under policy ECON 2 Existing General Industrial Areas. This policy has been superseded by planning permission C/06/00579/OUT and 08/00193/REM which approved residential development across the site.
8.3 Material Considerations - Finalised Draft North Lanarkshire Local Plan: zones the site as HCF 2 A1 Sites for Short Term Housing Development (Housing Land Supply). In this regard the application is supported by emerging planning policy. The North Lanarkshire Local Plan goes on to assess developments under policies DSP3 and 4 (Impact and Quality of Development) and for the reasons detailed in this report these policies are also satisfied.
8.4 Residential Development and Open Space Desian Guidance: The adopted Local Plan contains design guidance on new housing areas which has been partly superseded by the Council’s ‘Developers Guide to Open Space’. Combined these guidance notes consider housing density/mix, open space, detailed design, impact on residential amenity (privacy, overshadowing etc), play provision, roads, access and parking. In light of the currently approved scheme, it is considered that the proposal is generally acceptable in terms of the layout and general design and that it satisfactorily reflects the garden dimensions and parking provision previously approved. The design details generally reflect the previous approval, albeit with different house types. It is considered that the proposed house types and materials will integrate satisfactorily with the adjoining phase of housing and wider development. Overall the proposal is considered to be a satisfactory residential development with an acceptable impact on the character and setting of the surrounding area.
8.5 Transportation: The previously approved road layout remains largely unaltered and it is considered that the parking provision meets the standard requirements for the revised house types.
9. Conclusions
9.1 Taking the above into account it is considered that the proposed substitution of house types within the residential development is acceptable in terms of the aforementioned policies in the Monklands District Local Plan 1991 and Finalised Draft North Lanarkshire Local Plan. It is considered that the proposed amendment is acceptable in terms of design and impact on the amenity and character of the surrounding area. It is therefore recommended that the application be approved subject to relevant conditions.
120 Application No: Proposed Development:
11/01403/FUL Change of Use From Open Space to Private Garden Ground (Retrospective) Site Address:
Site South Of 1 Martin Place Newarthill Motherwell ML1 5HA
Date Registered:
23rd December 201 1
Applicant: Agent: Mr Alistair Weir N/A 1 Martin Place Newarthill Motherwell ML1 5HA Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 7 Motherwell North No letters of representation received. Annita McAuley, Helen McKenna, Peter Nolan, Gordon Stewart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The retrospective development meets the criteria set out in the residential policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The development is acceptable in terms of its impact upon the property, surrounding residential area and road network.
121 ...... - PLANNING APPLICATION 11 I01 403 I FUL Produced bv tbh Lanakhire Council Mr Alistair Weir 1 N 1 Planningand buironment Department, Ste South Of 1 Martin Place, Newarthill, Mothemell, MLI 5M
Change of Use From Open Space to Private Garden Ground (Retrospective) *I01698 2T4274 fax 01698 403053 1LL I I Proposed Conditions:-
1. That except as may otherwise be agreed in writing by the Planning Authority and except for the requirements of condition (2) below, the development permitted shall accord with the plans submitted as part of the application.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That the boundary fence enclosing the land shall at no time exceed 1.05 metres high as measured from the road channel, to ensure the maintenance of a visibility splay of 9 metres by 90 metres as measured from the junction of Martin Place to the right onto Loanhead Road as shown hatched GREEN on the approved plans. Nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In order to maintain adequate visibility at the adjacent road junction in the interests of traffic safety and the visual amenity of the area.
123 Backaround Papers:
Representation Letters None
Consultation Responses:
Memo from Traffic & Transportation received 13'h January 2012
Memo from Protective Services received 23RDJanuary 201 2
Contact Information:
Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01698 2741 02
Report Date:
26th January 2012
124 APPLICATION NO: 11/01403/FUL
REPORT
1. Site Description
1.I The application site is an area of open space located directly adjacent to the south of 1 Martin Place, Newarthill. It previously formed part of a wider amenity green corridor which provides a setting for the residential estate. The site is located in close proximity to a junction and opposite Brannock High School. The site is level and comprises maintained lawn and hardstanding and is currently under the ownership of North Lanarkshire Council.
2. Proposed Development
2.1 The application site has been incorporated into the garden ground of 1 Martin Place. A 0.9 metre high metal fence encloses the land. A driveway has been constructed and accessed off the corner of the junction of Martin Place with Loanhead Road under permitted development rights. The residents to the rear at 1 Criffel Place have similarly incorporated open space into private garden ground, enclosing it with the same fencing and have erected a conservatory.
3. Applicant’s Supportincl Information
3.1 None
4. Site Historv
4.1 Planning application no. 95/00531/FUL Change of Use of Public Open Space to Private Garden Ground, Erection of Fence and Garage, refused 6 December 1995. Appeal dismissed 15 July 1996.
5. Development Plan
5.1 The site is zoned as HSG7 (Established Housing Areas) in the Southern Area Local Plan.
5.2 The site is zoned HCF1 A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan (2009).
6. Consultations
6.1 Transportation confirmed they have no objections subject to the junction sightlines being suitably protected by retaining the grass area between the footpath and the carriageway within the public road network, by imposing a condition securing the visibility splay and by relocating the access/driveway position away from the junction corner. Discussions have taken place between the applicant and Property Services regarding the relocation of the access to a safe alternative position, as the access was constructed under permitted development rights this is not a planning consideration.
6.2 Protective Services raised no objections to the proposals nor requested the imposition of any conditions. They did however advise that due to historical operations nearby, a potential contamination issue may present itself during the construction stage and should this occur, a more detailed site investigation may be required. An advisory note would be attached to the decision notice should planning permission be granted.
7. Representat ions
7.1 No letters of representation received.
125 8. Plannina 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. The proposal raises no strategic issues and, as such requires to be assessed against the Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant, with the site being zoned as HSG7 (Established Housing Areas). Policy TR13 (Assessing the Transport Implications of Development) is also considered relevant.
AdoDted Local Plan
8.2 Policy HSG7 (Established Housing Areas) seeks to protect the established character of existing housing areas by opposing development which adversely affects the amenity of Established Housing Areas. The visual amenity is considered to have been retained as the retrospective works complement the neighbouring site to the rear where open space of similar dimensions and alignment have been incorporated into garden ground and enclosed by the same fencing thereby giving a uniform appearance. A larger wedge of open space adjoins the site thereby retaining an attractive green setting for the wider estate where the loss of this small site has easily been absorbed within the streetscene. The land is also considered to have been of limited recreational use and its loss in this regard is not significant. As such, the retrospective development is considered to comply with policy HSG7.
8.3 Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. As noted above in paragraph 6.1, Transportation noted the site’s partial location within the visibility splay of the adjacent junction of Martin Place with Loanhead Road. A condition has been imposed to secure continued maintenance of the visibility splay by limiting the height of the fence and any other object or planting, to ensure safety at the junction.
8.4 The previous application and appeal considered the change of use to garden ground acceptable on amenity grounds but were refused due to traffic safety concerns posed by the access location on a junction corner. As has been noted above in paragraph 6.1, the access and driveway are to be re-positioned and don’t now require planning permission. As such, their relocation and retention of the visibility splay as part of the public road network, are matters currently being addressed separately by Transportation in consultation with Property as part of the land sale to the applicant. Taking account of the above, the proposal is considered compliant with Policy TR13.
North Lanarkshire Local Plan
8.5 A material consideration is the Finalised North Lanarkshire Local Plan. The site is zoned as HCFl A (Residential Amenity). HCFl A indicates that there is a presumption against developments detrimental to residential amenity. It is considered that for the reasons detailed above in paragraphs 8.2 and 8.3, the retrospective works pose no threat to residential amenity and are in compliance with this policy.
8.6 Finalised Draft North Lanarkshire Local Plan (2009) also requires developments to be assessed against DSP policies 1-4. DSP Policy 1 (Amount of Development) is not relevant to this application as the development is below the threshold for justification. Policy DSP2 (Location of Development) is also not relevant as the development meets the location criteria. Similarly the development does not require to be assessed by Policy DSP3 (Impact of Development) given the minimal scale of the development. DSP 4 (Quality of Development) states that development will be permitted where sustainable design standards and site planning are achieved. The retrospective works are considered to sit comfortably within the streetscene and their impact on traffic safety can be suitably controlled. It is therefore considered that the development is acceptable in terms of the requirements of policies DSP 1-4.
126 9. Conclusions
9.1 The development meets the criteria set out in the residential policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The development is acceptable in terms of its impact upon the property and the surrounding residential area and road network. It is therefore recommended that retrospective planning permission is granted subject to conditions.
127 Application No: Proposed Development:
11 /01419/AMD Formation of access from Lenzie Road to serve new Car Park (amendment to planning approval 10/01262/FUL)
Site Address:
Stepps Lawn Tennis Club Lenzie Road Stepps G33 6DX
Date Registered:
20th December 201 1
Applicant: Agent: Mr Norman Fitzpatrick Bill Gillespie 4 Lednock Road 6 Crosshill Drive Stepps Rutherglen Glasgow G73 3QU G33 6LG Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 005 Strathkelvin No letters of representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey,
Recommendation: Approve Subject to Conditions
Reasoned Justification :
The proposed vehicular access alterations and car park to serve Stepps Tennis Club is considered to be acceptable and the proposal will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable. The proposal complies with the Northern Corridor Local Plan, 2005.
128
Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers STC/001, PSD/STC/102 and PSD/STC/l 10.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
4. That within 4 weeks of the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
Backaround Papers:
Representation Letters No letters of representation received.
Consultation Responses: None
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632508
Report Date: 7'h February 2012
130 APPLICATION NO. 11/0141 9/AMD
REPORT
1. Site Description
1.1 The application forms part of the upgrade works of existing tennis courts at Stepps Lawn Tennis Club, Lenzie Road, Stepps. The site comprises of three marked out tennis courts on a blaes surface enclosed with a 1.8 metre high wire mesh fence. The site is bounded to the north and west by residential properties and to the east and south by an area of public open space.
2. Proposed Development
2.1 The proposed development is a new vehicle access and formation of seven car parking spaces. The proposal forms part of upgrade works to replace the existing blaes surface with a synthetic surface at the tennis club which did not originally include any on site parking.
3. Site Historv
3.1 Planning permission (ref: 10/01262/FUL) was granted on 22nd December 2010 to Upgrade Existing Blaes Tennis Courts to Synthetic Courts with Associated Floodlighting and Fencing.
4. Development Plan
4.1 The application raises no strategic issues and can be assessed in terms of the local plan policy.
4.2 In terms of the Northern Corridor Local Plan 2005 the site is covered by policy LR 1 (Protection of Existing Leisure & Recreational Facilities).
5. Consultations
5.1 No consultation responses received.
6. Representations
6.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received.
7. Plannina Assessment
7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
7.2 DeveloRment Plan - Northern Corridor Local Plan 2005: The site is located within an established residential area in Stepps on land zoned as LR 1 (Protection of Existing Leisure & Recreational Facilities). The primary issues to be considered are the appropriateness of the relevant development and the affect the proposal will have on the surrounding area.
7.3 Policy LR 1 states that there will be a presumption against development adversely affecting existing open spaces especially sports facilities, public parks, playing fields and land of recreational amenity or wildlife value within and adjacent to built up areas, except where the development acceptably provides for outdoor recreation, nature conservation or landscape protection or enhancement. The proposed vehicle access alterations and car park, as part of the upgrade works to the existing tennis courts,
131 would result in an improvement to the sports facilities in the Stepps area. It is, therefore, considered that the proposed access alterations and car park complies with the adopted local plan.
7.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, which zones the application site as HCF 1 B1 Community Facilities. This policy zoning seeks to protect existing community facilities. The proposal seeks to improve an existing tennis club by providing a car park to serve the facility thus securing the long future of a sports facility and is therefore considered to comply with policy HCF 1 B1 of the Finalised Draft North Lanarkshire Local Plan. The proposed development is also required 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 limited nature of the development, Policies DSP 1 and 2 are not relevant whilst DSP 3 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community, whilst policy DSP 4 states that development will only be permitted when design is of a high standard. It is clear that the proposed car park to serve the tennis club will result in a benefit to the facility and is considered that the proposal will not result in a detrimental impact on the character of the area, which complies with policies DSP 3 and 4. It is considered, therefore, that the proposal is acceptable and complies with the draft local plan.
7.5 Benefit to Local Area and Amenity of Site: The proposed vehicular access and car park combined with the proposed tennis court upgrade works will result in a benefit to both the tennis club and the local community. From a visual perspective, the proposed access works and car park will result in a small loss of grassed area, this, however is not significant enough to result in a detrimental impact on the visual amenity of the area. It is therefore concluded that the development accords with the established sport facility use and land-use policy applicable to the site and has an acceptable impact on residential amenity.
8. Conclusions
8.1 The proposed vehicular access alterations and car park as part of the upgrade works to the existing tennis courts, is considered to be acceptable in that it will result in a benefit to the local tennis club and wider community and will not have an unacceptable impact on residential amenity. The proposed development would comply with the Leisure & Recreational Facilities zoning of the site and, as such, the proposal is in accordance with the Northern Corridor Local Plan. Taking account of these matters, it is recommended that planning permission be granted.
132 Application No: Proposed Development:
11/01427/AMD Amendment to Planning Permission 11/00552/AMD - Alterations to approved layout including the Closure of Pedestrian Underpass Linking Ainslie Road and Burn View, Creation of Additional Parking Spaces and Re-introducing the Road Link at the Top of Ainslie Road as a Through Road with Two EntrancedExits Site Address:
Site 2 Ainslie Road Kildrum Cumbernauld North Lanarkshire
Date Registered:
30th December 201 1
Applicant: Agent: Sanctuary Scotland Housing Association Collective Architecture (Mr Roddy Macdonald) (Andrew Gower) Fteming House Mercat Building 2 Tryst Road 5th Floor Cumbernauld 26 Gallowgate G67 1JW Glasgow G1 5AB
Application Levt.. Contrary to Deva.apmen. Plan: Local Application No
Ward: Representations: 004 Abronhill, Kildrum And The Village 2 letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed amendments to the layout as approved and conditioned under Planning Application 11/00552/AMD are considered to be acceptable. The resultant changes to the development layout are considered to be acceptable.
133 PLANNING APPLICATION 11/01427/AMD This map is reprcduced from Sanctuary Scotland Housing Association Prduoed by Ordnance Survey materhi North Lanarkshire Council me permission of Site 2, Ainslie Road, Kildrum, Cumbernauld Planning and Environment Depattment, Orddnance Survey on khan Amendment to Planning Permission 11/00552/AMD d the Controller of Het Majestfs - Stahonery Gflke. 0 Crorm Aiterations to approved layout including the Closure c copyright. UnaUmorised Pedestrian Underpass Linking Ainslie Road and Bum reprodudon inhinged Cm copyright and mylesd to View, Creation of Additional Parking Spaces and c4uadl pseculbn or civil proceedings. Re-introducing the Road Link at the Top of Ainslie North Lansrluhire Counal 181 01698 2742747 looon398 2008 Road as a Through Road with Two EntranceslExits *Representation fax 01698 403053
134 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, all drawings previously approved under Planning Permission 11/00552/AMD still apply and except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number (PL)2000 REV W.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That all previous conditions applied under Planning Permission 11/00552/AMD still apply with the exception of condition 18.
Reason: For the avoidance of doubt and to accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
4. That, notwithstanding the requirement under previous condition 17 that the necessary Stopping Up Orders have been obtained prior to footpath closures, details of the proposed filling in and closing off works to the underpass and the footpath between 2 and 4 Burn View shall be submitted to and approved in writing by the Planning Authority, prior to the commencement of related works on site.
Reason: To assess these aspects in detail in the interests of the structural integrity of Kildrum Road.
5. That the additional 5 spaces identified within the greater site shall be formed to the satisfaction of the Planning Authority prior to the occupation of houses on plots 1-3, plots 23-24 and plots 28-29.
Reason: To ensure that satisfactory provision of additional parking spaces as required by condition 18 of Planning Permission 11/00552/AMD.
6. That, except as may otherwise be agreed in writing by the Planning Authority, no public roads or footways including the central underpass to Burn View shall be stopped up or otherwise diverted until the necessary orders have been obtained and an agreed alternative route is open and available for use.
Reason: To ensure the provision of adequate and safe pedestrian facilities during all stages of construction of the development.
7. That prior to the commencement of works on site, details of the curve at the right angle corner adjacent to plot 35 as shown dotted on the proposed road layout drawing should be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of road safety.
135 Backaround Papers:
Representation Letters
Letter from Mr lan Pollard, 214 Ainslie Road, Kildrum, Cumbernauld received 4th January 201 2 Letter from Mr Shields Duncan, 158 Ainslie Road, Kildrum, Cumbernauld received 18th January 2012
Consultation Responses:
Traffic & Transportation received 30fhJanuary 201 2 NLC Greenspace (Biodiversity and Access) received 30fhJanuary NLC Greenspace (Development Landscape) received 1" of February
Contact Information:
Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 6325 19
Report Date:
7fhFebruary 2012
136 APPLICATION NO. 11/01427/AMD
REPORT
1. Site Description
1.I This application has been submitted as a consequence of Planning Permission 11/00552/AMDwhich was for the residential development for 37 houses on the site of the demolished deck access flats. The application sites are two separate redline boundaries within the previously approved residential development at Ainslie Road in Kildrum, Cumbernauld. The overall development site is approximately 1.95 hectares and is situated in an area of established housing. It previously contained a 1960’s flatted development that was recently demolished. The site is situated on a noticeable slope rising from the south to the north.
1.2 The site is surrounded by mainly residential properties with Kildrum Road bounding the site to the east. The sites to which this amendment application relates are two reduced/smaller sites bounded in red within the previously approved larger site. Firstly, to the north of the development site, there is a site surrounding block 19 plots 31-35. The second smaller site, in the middle of the greater site is adjacent to the central underpass and contains the existing electricity substation.
2. Proposed Development
2.1 Members will recall that at the Special Committee Hearing on the 24‘h of August 201 1 that Committee was minded to grant a residential development for 37 houses on the site of the demolished flats at Ainslie Road, Kildrum (planning application 11/00552/AMD). This was subject to an additional condition that the application be granted in accordance with the Executive Director’s recommendation, subject to the conditions contained within the report and the inclusion of an additional condition to read “that, notwithstanding the terms of Condition 2 and the detail shown in Drawing Number (PL)2000 Rev Q, before the development hereby permitted starts, a revised layout for car parking showing increased parking provision within the site, shall be submitted to, and approved by, the planning authority”. This was in order to address the concerns of existing residents by providing more parking facilities.
2.2 This amendment application has been made to provide additional parking spaces as well as facilitate keeping Ainslie Road as a through road and closing off the central underpass to Burn View under Kildrum Road. These amendments are sought in order to address the concerns of local residents.
2.3 Drawing number (PL)2000 Rev W submitted as part of this amendment application illustrates the proposed amendments to the previously approved layout as follows:
Northern reduced site - The vehicular link from the north and south entrances of Ainslie Road to remain open involving a realigned section of road adjacent to Block 10 plots 30-35, three additional parking spaces opposite plots 30-35. The loss of two in-curtilage parking spaces at plot 35, as a result of accommodating the proposed realigned Ainslie Road link section and an extra 2 in-curtilage spaces, one each for plots 28 and 29.
Central reduced site - Proposed amended layout of island area adjacent to underpass and including the existing electricity sub-station to facilitate the closing off of the underpass and the provision of an additional 5 parking spaces.
2.4 The proposed amendments to the previously approved layout provide an additional 8 parking spaces as described in paragraph 2.3 above. A further 3 spaces have been provided in the greater site in compliance with the fulfilment of previously imposed condition 18 described in paragraph 2.1 above requiring additional parking. One
137 space opposite plots 23 and 24 and a further two spaces opposite plots 1 to 3. It should be noted that a further three spaces have been identified at site 1A Planning Permission 11/0055l/AMD also in compliance with a condition for further parking bays. This gives a total of 14 extra parking spaces throughout the overall Ainslie Road and Maclehose residential development site.
3. Site History
3.1 Relevant previous planning decisions are as follows;
0 Planning application (05/00511/FUL) for a Residential Development (1 19 Units) and Associated Infrastructure Works was granted on 14‘h June 2006. This was for a wider application site covering the redevelopment of sites at Ainslie, Maclehose and Clouden Road. The current application site was included in this wider site, as was the site covered by application 11/00551/AMD (see below) and the site of the former Kildrum Primary School at Clouden Road.
0 Planning application (1 0/01159/AMD) for the Construction of 37 Dwellinghouses was previously withdrawn and replaced by application 11/00552/AMD. This was for the same application site.
0 Planning application (1 1/00551/AMD) for the Construction of 14 Dwellinghouses and a flatted block containing 7 flats (amendment to previous layout approved under terms of N/05/00511/FUL and 08/00149/AMD) was submitted in conjunction with application 11/00552/AMD and relates to the section of the original development site adjacent to Maclehose Road to the south of the site covered by this application.
0 11/00552/AMD Construction of 37 Houses (amendment to previous layout ap roved under permission 05/00511/FUL) approved subject to conditions on the 18P of November 201 1. The Planning and Development Special Committee Hearing of the 24‘h of August were minded to grant the application (subject to the satisfactory conclusion of a Section 69 Legal agreement relating to an off-site financial contribution in lieu of on site play facilities) and also an additional condition that an amended layout is submitted providing additional parking spaces in response to local concerns. The condition stated that - ‘notwithstandingthe terms of Condition 2 and the details shown on Drawing No (PL)2000 Rev Q, before the development hereby permitted starts, a revised layout for the car parking showing increased parking provision within the site, shall be submitted to, and approved by, the planning authority’ in order to ensure the provision of adequate parking facilities within the Kildrum area.
4. Develooment Plan
4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
4.2 In the adopted Cumbernauld Local Plan, 1993, the site lies within an area covered by Policy HG4 (Residential Amenity). Accordingly, all developments must not be detrimental to the residential amenity of the area.
5. Consultations
5.1 A summary of comments from consultees is as follows:
Roads Operations would recommend that this application be refused as the development includes the closure of a pedestrian underpass and the required level of
138 parking cannot be achieved. The proposals show the closure of the underpass from Ainslie Road to Burn View which allows the developer to provide an additional parking spaces over what was originally proposed under the previous layout that did not include the removal of the underpass. Whilst this underpass is not utilised to access the bus stops on Kildrum Road it does form part of the main footpath network linking Kildrum with Abronhill. This closure will lead to an excessive diversion of approximately 500m for pedestrians wishing to use this part of the footpath network. This is also likely to result in pedestrians crossing on Kildrum Road and an increase in pedestrian/ vehicle interaction on a road where drivers do not expect pedestrians to cross therefore leading to road safety concerns. In addition the proposals do not indicate any works to remove the remote footpath link from Burn View to the underpass which could lead to anti-social issues. Additionally, visitor parking spaces are not evenly distributed throughout the site. However if the application is recommended for approval then a series of conditions are suggested including the submission of details regarding the right angle corner adjacent to plot 35 being removed and replaced with a curve as shown dotted on the proposed road layout drawing.
5.2 Green space commented that with regard to amended layout for plots 31 to 35, the reinstatement of Ainslie Road as a through road has resulted in the shifting of block 10 (plot nos. 31 to 35) in a south-westerly direction and the need to provide 2no on street parking spaces for no. 35 as this requirement cannot be sited within the curtilage of the dwelling. The resulting revised layout appears to allow for the retention of more trees at the northern corner of site than the previous approved application and satisfies the additional parking requirements. Therefore Greenspace has no objections to this revision on landscape grounds. In terms of the proposed closure of underpass, the infilling of the underpass to facilitate the provision of additional parking spaces to fulfil conditions associated with the previous approved application will create additional Greenspace between the sub-station and parking bays and the road, offering an opportunity for tree planting for visual interest and partial screening. The underpass closure may pose road safety issues especially as it is located at a bend on the busy Kildrum Road and close to the junction with Burn View. This closure will remove a pedestrian route which presently links Ainslie Road with Burn View and the Vault Glen. Whilst alternative routes exist via underpasses to the north and south their use will entail a considerable diversion and additional distance for pedestrians. However, they do not object to this proposal on landscape grounds. Tree protection measures are recommended and this has previously been conditioned. Greenspace Services advise that Core Path 124 links Kildrum to Abronhill and will not be affected by this development as there are no rights of way within the application boundary. They also accept the findings of the underpass study even though the study period should have covered a longer time period; for example during the summer. A suitable at grade crossing as an alternative to the underpass is desirable. Greenspace Services has no objection to this development as long as the aforementioned recommendations are followed.
6. Representations
6.1 Two letters of representation have been received from residents of Ainslie Road. One objection is regarding the loss of green spaces as a result of the proposed development. The other representation is regarding the proposed allocation of two dedicated parking spaces to plot 35 which the resident considered unfair. The resident also suggested a footpath link in the area marked B on the layout plan to the bus-stop.
139 7. Plannina Assessment
7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
7.2 DeveloDment Plan- Cumbernauld Local Plan 1993 The principle of housing on the site is supported by the local plan (Policy HG3 Residential Development) and HG4 (Residential Amenity). The site also already benefits from planning permission for redevelopment for residential use. The proposed development is considered to be in keeping with the character of the surrounding area and acceptable in terms of site layout, landscaping, access, scale and design and so complies with policies HG3 and HG4 of the plan.
7.3 Other material considerations- Finalised Draft North Lanarkshire Local Plan: The site is covered by Policy HCF2 (Sites for short term Housing Development) and has therefore been identified for housing in the plan and in the housing land supply provision. Accordingly, due to the reasons outlined in point 8.2 above, it is considered that the proposal complies with the emerging local plan.
7.4 This is an amendment to previously approved scheme and the substantive changes relate to keeping Ainslie Road as a through road, providing additional spaces and closing off the central underpass below Kildrum Road which links to Burn View.
7.5 Proposal to keep Ainslie Road a through Road /Additional Parking- The Transportation Team Leader has expressed no objections to keeping Ainslie Road a through road and the associated re-aligned section of link road as well as the associated extra parking spaces provided as a result of this amended layout. The additional 8 parking spaces identified as part of this amendment application and the further 6 for the overall site are considered to satisfy the condition for more parking spaces as imposed by the Planning Permissions 11/00551/AMD and 11/00552/AMD (providing 14 additional spaces).
7.6 Proposed Closure of Underpass- Whilst it is considered that the underpass is a significant community amenity, it is recognised that there has been a significant community feeling for it to be closed due to anti-social behaviour and the perception that the underpass is not safe. This perception is because the approaches to the underpass are enclosed and the underpass is narrow in diameter making it secluded and not well overlooked. In this regard, Sanctuary Housing has intimated that they will meet the cost of all closure works. The underpass in question links Ainslie Road with Burn View to the east and beyond to a footpath going to Abronhill over the railway line running through the vault Glen. However, there is an existing underpass to the north which links Ainslie Road to the Cumbernauld House Park and there is a footpath running along the eastern side of Kildrum Road which runs south linking into the Abronhill footpath. It is considered that this provides an alternative safe route. Additionally, there is an underpass to the south accessed from Maclehose Road which provides a direct and safe link to the schools to the south on the other side of Kildrum Road. Whilst it is recognised that any proposed closure of the underpass is likely result in more road surface level crossing of Kildrum road, there is already a significant amount of surface crossing at this point and it is not considered that the closure would result in a significant net gain.
7.7 Consultations- Traffic and Transportation. Whilst the comments of Traffic and Transportation have been noted, it is considered that the closing off of the underpass is acceptable in the context of the area and the associated residential development. Alternative crossings exist and the underpass is underused due to its unappealing nature. There has been a history of anti-social behaviour in the area and the underpass is perceived to be unsafe due to its narrow diameter and the enclosed nature of the footpath approaches from both sides. In comparison, the underpass to the north which connects Kildrum to Cumbernauld House Park, is light open and
140 welcoming with wider more open approaches making it more overlooked, safer and more welcoming and therefore used by locals much more than the underpass in question. As the underpass is relatively underused there already exists a significant amount surface crossing and as such, this level of surface crossing will not be significantly increased as a result of closing off the footpath. Also, it is considered that there is limited scope for substantive improvement works due to the narrowness of the underpass and the enclosed nature of its approaches. Furthermore, alternative underpass routes exist to the north and south of the underpass in question. Additionally, the closing off of the underpass allows for five additional parking spaces at this location. In terms of overall parking this amended layout provides as additional eight spaces with a further six spaces being provided in the greater site in fulfilment of the relevant condition. In total, 14 additional spaces have been provided throughout the overall site and it is considered that this satisfies condition to provide additional parking spaces to address the concerns of existing residents.
7.8 Consultations- Greenspace. The comments made by Greenspace have been noted, particularly with regard to tree protection measures and this issue has been addressed by the application of the appropriate condition under the previous consent which applies to this application as reiterated in condition 3 above.
7.9 Representations- two objections have been received in relation to the proposal. The points of objection can be summarised as follows:
Loss of green spaces as a result of the proposed development
Comment: The layout for the overall site has already been approved as it was considered to have sufficient green space provision also there will be additional amenity space as a result of blocking up underpass.
0 The proposed allocation of two dedicated parking spaces to plot 35 is unfair
Comment: The proposed re-alignment of the Ainslie Road through road means that plot 35 can’t have in-curtilage parking so it is considered reasonable to provide allocated spaces for this plot instead.
0 Suggested footpath link in the area marked B on the layout plan to the bus- stop.
Comment: This is not possible due to the slopping gradient of the land in question and there are other routes provided to the bus stop as part of approved layout.
8. Conclusions
8.1 The two points of objection have been assessed and are not considered to be valid in terms of the assessment of the acceptability of these propose amendments for the reasons outlined in paragraph 7.9 above.
8.2 It is considered that the proposed amendments to this residential development as described above are acceptable and satisfy the requirement for additional parking spaces as well as addressing the concerns and views of local residents in terms of locking off the central underpass and maintaining Ainslie Road as a through road.
8.3 Having taken into account all relevant matters it is considered that the proposed amendments are acceptable and are therefore recommended for approval.
8.4 It should be noted that a further procedure requires to be completed before the underpass and related footpath (and also other paths in the development site) are closed or diverted. These closures/diversions require to be formally pursued by way of a Stopping Up Order and this process includes further public consultation.
141 Application No: Proposed Development:
11/01434/PPP Construction of Single Dwellinghouse (in principle)
Site Address:
Site East Of 12 Mid Barrwood Road Kilsyth G65 OER
Date Registered:
11 th January 201 2
Applicant: Agent: Dunreath Estates Robin Thomson Dunreath Castle Laurence Gould Partnership Blanefield Buchan House G63 9AJ Carnegie Campus Dunfermline KY11 8PL
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 001 Kilsyth 7 letters of representation received. Mark Griffin, Jean Jones, David Key,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed dwelling is considered to be acceptable in principle and will not detract from the amenity of the application site or the surrounding area. The potential impact on neighbouring properties is considered to be acceptable. Taking account of the foregoing, the proposal is acceptable and complies with the terms of the adopted Kilsyth Local Plan (1999) and with the Finalised Draft North Lanarkshire Local Plan.
142 --.--ti ELll- .dor*n- -~&~-%~~ 6m-w- Ocm.”-M-.li0lm -YL, IY uq.lrmaa&aaamr YOI~4nlll .rmtl- Yax.”vnb,mmS)sl 11/01434FPP Dunreath Estates Site East Of 12 Mid Banwood Road Kilsyth Construction of Single Dwellinghouse (in principle)
143 Proposed Conditions:-
1. That the development hereby permitted shall be started, either within three years of the date of this permission, or within two years of the date on which the last of the matters specified by condition are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That before any part of the development starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters:-
(a) the siting, design and external appearance of dwelling; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the provision of drainage works; (f) the disposal of sewage; (9) details of existing trees, shrubs and hedgerows to be retained; (h) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That within three years of the date of this permission, an application for approval of the matters, specified in Condition 2 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
4. That notwithstanding the generalities of Condition 2 above, the proposed dwellinghouse shall:
a) be no higher than 2 storeys in height, b) front Mid Barrwood Road,
Reason: To ensure that the site is developed in an acceptable manner
5. That notwithstanding the generalities of Condition 2 above, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 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) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
7. That BEFORE any works of any description start on the application site and not withstanding the site investigation report submitted, 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
144 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. Before the development is occupied a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
Backaround PaDers:
Representation Letters Letter from Mr John Robertson, 43, Mid Barrwood Rd, Kilsyth received 24th January 2012 Letter from Mr & Mrs M Walsh, 41 Mid Barrwood Road, Kilsyth received 23rd January 2012 Letter from Mr Andy Robertson, 49 Livingstone Park, Kilsyth received 22nd January 2012 Letter from Mr George Robertson, 155, Kingseat Avenue, Grangemouth received 26th January 2012 Letter from Jenny Clelland, 6 St Mirren's Road, Kilsyth received 30th January 201 2 Letter from Anne Clelland, 25 Thorniecroft Place, Condorrat, Cumbernauld received 30th January 2012 Letter from Elizabeth Clelland, 6 St Mirrens Road, Kilsyth, G65 ODZ received 1st February 2012
Consultation Responses: None received
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632508
Report Date: 7thFebruary 201 2
145 APPLICATION NO. 11/01434/PPP
REPORT
1. Site Description
1.I The application site comprises of an area of land at land to the east of 12 Mid Barrwood Road, Kilsyth. The north area of the application site currently consists of seven detached single garagesktorage containers with an area of hardstanding, whilst the southern area is vacant which is scattered with shrubs and trees. The site is bound by residential properties to the north, east and west. Located to the south is a vacant site beyond which are residential properties. Access is off Mid Barrwood Road.
2. Proposed Development
2.1 Planning Permission in Principle is being sought for a single dwelling house, no formal details of the proposed dwelling have been submitted other than a red line plan indicating the site boundary.
3. Applicant's Supportinq Information
3.1 The applicant has provided a planning statement in support of the proposed dwelling. The statement concludes that the proposed dwelling would be in accordance with national and local planning policy.
4. Site Historv
4.1 The siting of containers and garages on the site was brought to our attention by a complaint (09/00033/COMP & 09/00092/COMP) resulting in an Enforcement Notice being served on 14'h September 2010 requiring the removal of the containers and building materials and a planning application (10/01247/FUL) was submitted for Construction of Garage, Resiting of Metal Containers and Erection of Fencing (In Retrospect) and refused on 7'hJune 201 1. This decision was the subject of an appeal to the Scottish Government and the appeal was dismissed on 2 February 2012.
5. Development Plan
5.1 The application raises no strategic issues and can be assessed in terms of Local Plan policies.
5.2 In terms of the Kilsyth Local Plan 1999 the site is covered by policy HG 2 (Development Control in Housing Areas).
6. Representations
6.1 Following the standard neighbour notification process, 7 letters of objection have been received. The main points raised were that the site was used for domestic storage and garages for approximately 45 years and will not be required to be removed, any tree planting as part of the proposal will obstruct views and block light, loss of off-street parking area, if the garages were to remain there would be no access for the proposed dwelling and questions the applicant's ownership of the site.
7. Planninq Assessment
7.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
146 7.2 DeveloDment Plan - Kilsyth Local Plan 7999: The site is located within an established residential area in Kilsyth on land zoned as HG 2 (Development Control in Housing Areas). The primary issues to be considered are the appropriateness and compliance with the development plan and the effect the proposed single dwellinghouse will have on the surrounding area.
7.3 The development requires to be assessed in terms of policies HG3-5 (Development Control in Housing Areas) which state that new residential development requires to be in keeping with the scale and character of the surrounding area. In particular it states the site must provide a satisfactory living environment by accommodating a reasonable size dwelling house with acceptable garden ground with no detrimental effect on existing residential amenity. The site has a sufficiently large area to meet the minimum requirements stipulated in the design guidance for amenity garden ground without compromising the scale of the build footprint. There is sufficient area for the resultant dwelling to reasonably accord with the existing scale and character of the area. In this respect the proposal complies with this policy.
7.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, which zones the application site as HCF 1 A (Residential Amenity). This policy has a presumption against developments detrimental to residential amenity in primary residential areas. With this in mind the FDNLLP also requires proposed developments to be assessed against policies DSP I(Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policies DSP 1 and 2 are not relevant whilst DSP 3 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community, whilst policy DSP 4 states that development will only be permitted when design is of a high standard. The land use zoning of the site indicates the residential nature of the area and would be sufficient justification to accept the principle of the proposed dwelling providing the development does not have a significantly adverse impact on the amenity of the area. In this case, it is considered that given the size and nature of the application site, it is of a sufficient size to accommodate a dwelling. This would be in keeping with the southern side of Mid Barrwood Road which is characterised by detached dwellings. With reference to DSP 3, the proposal is minor in nature and will not have a major impact on the locale. Regarding DSP 4, the current application is seeking planning permission in principle only and, if successful, the detailed design will be assessed in full at the next stage of the planning process. It is considered, therefore, that the proposal is acceptable and complies with the draft local plan.
7.5 Established new build development The proposal seeks to develop a plot of land located between two existing residential properties. The proposal for a dwelling would be in keeping with and complement the existing residential properties in the immediate locale. Due to the size of the proposed house plot, this will not result in a detrimental impact on the character and amenity of the existing residential properties. It is, therefore, considered that the proposed dwelling will be in keeping with the scale and character of the surrounding residential area.
7.6 Representations: In terms of the objections raised, I would offer the following comments:
Point of Objection: The site was used for domestic storage and garages for approximately 45 years and these will be required to be removed.
Comment: It is acknowledged that the existing buildings on the site will be required to be removed to make way for the proposed dwelling, and the applicant, as landowner, has the prerogative to seek permission for alternative use for the site.
Point of Objection: Any tree planting as part of the proposal will obstruct views and
147 block light.
Comment: No tree planting forms part of the current proposal and any proposed planting will be fully assessed in the Matters Specified in Conditions application.
Point of Objection: The proposed dwelling will result in a loss of an off-street parking area.
Comment: It is understood that the existing residential properties currently use the site for parking, although they do not own the site.
Point of Objection: If the garages were to remain, there would be no access for the proposed dwelling.
Comment: The existing temporary buildings on the site will be required to be removed to make way for the proposed dwelling.
Point of Objection: The subject of title for ownership for the application site has been in dispute for some time and the applicant’s ownership of the site is in question.
Comment: The applicant has confirmed in the Landownership Certificate that they are the owner of the application site.
8. Conclusions
8.1 In conclusion, the principle of the proposed single dwelling would be in keeping with this established residential area and the site is of a sufficient size to accommodate the proposal without resulting in a detrimental impact on residential amenity. In this respect the development reasonably accords with the Kilsyth Local Plan and the Finalised Draft North Lanarkshire Local Plan. Taking the above into consideration and notwithstanding the objections received, it is recommended that planning permission be approved.
148 Application No: Proposed Development:
11/01437/FUL Erection of Single Storey Dwellinghouse and Construction of Outbuilding (in Association with Subdivision of the Existing Farm)
Site Address:
Netherwood Farm Wyndford Road Castlecary FK4 2HW
Date Registered:
22nd December 201 1
Applicant: Agent: Mr Alan Harley Ronald Gellan Netherwood Farm 18 Haddow Street Bonnybridge Hamilton Cumbernauld ML3 7HX FK4 2HW Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 001 Kilsyth No letters of representation received. Mark Griffin, Jean Jones, David Key,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The Scottish Agricultural College has confirmed that there is an agricultural justification for an additional labour unit at Netherwood Farm. The dwelling and agricultural building is considered to be located to ensure that they have an acceptable relationship to existing mature tree band and the design and scale of the dwelling has a rural appearance. For these reasons, the proposal is considered to be acceptable and to comply with policy GB3 of the Kilsyth Local Plan 1999.
149 \\\
PLANNING APPLICATION 11/01437/FUL leproduced by permission Produced by )f the Ordnance Survey on Planning and Development ehalf of HMSO. 0 Crown Erection of Single Storey Dwellinghouse and EnvironmentalNorth Lanarkshire Servi&s CqFrbhire bpyrighi and database right Construction of Outbuilding (in Association with 1009. All rights reserved. Subdivision of the Existing Farm) Fieming House Irdnance Survey 2 Tryst Road caundl mnce number 1000233%. Cumbernauld Nethetwood Farm, Wyndford Road, G67 1JW Castlecary, Cumbemauld v
150 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That the occupation of the dwellinghouse hereby permitted shall be limited to a person employed full time locally in agriculture, as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997, or forestry, or a dependant of such a person, residing with him, or her, or the widow or widower, of such a person.
Reason: To accord with policy GB3 of the Kilsyth Local Plan 1999 and to ensure that the openness of the Green Belt in maintained by ensuring that only buildings necessary to a rural location are constructed.
3. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers 10-156- GA001 and 10-156-GA002.
Reason: To clarify the drawings on which this approval of permission is founded.
4. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs of the dwelling and barn shall be submitted to, and approved in writing by the Planning Authority.
For the avoidance of doubt, the external materials of the dwelling shall be white wet dash render, slate roof (or slate substitute roof), timber framed sash and case style windows and timber doors, or such other scheme as may be approved in writing by the Planning Authority.
Reason: In the interests of rural amenity by ensuring that external materials are appropriate for the site and the general area.
5. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: In the interests of rural amenity by ensuring that walls and fences are appropriate for the site and the general area.
6. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That all works included in the scheme of landscaping and planting approved under the terms of condition 6 above, shall be completed within 6 months of the dwelling being
151 occupied 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 effective landscaping.
That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to 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.
That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 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) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
That before the dwelling hereby permitted is occupied, the entire vehicular access and all parking and manoeuvring areas shall be levelled, properly drained and constructed in a hard standing material.
Reason: To ensure a satisfactory access, parking and manoeuvrability provision within the site.
That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
152 Representation Letters
No letters of representation received.
Consultation Responses:
Memo from Traffic & Transportation received on 17'h January 2012 Letter from Historic Scotland received on 1Oth January 201 2 Letter from Rathmell Archaeology Limited received on 25'h January 2012
Contact Information:
Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 632508
Report Date:
7'h February 201 2
Note to Committee: If the Committee accepts the above recommendation, the planning permission should not be issued until an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect to the dwelling always remaining in the occupation of a person employed wholly and locally in agriculture or any other rural use considered appropriate by the Planning Authority and to tie the house to the new agricultural unit.
153 APPLICATION NO. 11/01 437/FUL
REPORT
1. Site Description
1.I The application site forms part of an agricultural holding located east of Wyndford Road, Castlecary. The site is a cultivated agricultural field which currently forms part of Netherwood Farm which is located to the west and the site is bounded on all other side by open agricultural land. The site has an existing field access with a traditional stone wall, approximately 1 metre high and a band of mature trees running parallel with Wyndford Road.
2. Proposed Development
2.1 This application seeks full planning permission for the erection of single storey dwellinghouse and construction of outbuilding (in association with subdivision of the existing farm) at Netherwood Farm, Wyndford Road, Castlecary. The proposed dwelling will be a single storey, three bedroom detached dwelling. The proposed dwelling will measure approximately 20.2 metres in length by 13.2 metres in depth and a height of 5.8 metres, this will result in an overall footprint of approximately 190 square metres. The proposed agricultural building will be located to the east of the proposed dwelling which will measure approximately 30 metres in length by 24 metres in depth and a height of 6.4 metres, this will result in an overall footprint of approximately 720 square metres. A five metre wide landscaping band is proposed that will surround the barn to provide a screen. The proposal will use the existing field access to the site which is taken directly off Wyndford Road. The existing farm will be subdivided to approximately 53 acres and this application seeks planning permission for a dwelling to accommodate a farmer to operated this scaled down version of the farm.
3. Applicant's Sumortina Information
3.1 An Agricultural Labour Requirement Report has been submitted by The Scottish Agricultural College to provide agricultural justification to support the proposed dwelling. The report states that the applicant intends to sell the majority of their farm and retain 53 acres, this scaled down version of the agricultural business will be in operation once the sale of the existing farm is concluded. The report indicated that to complement the cattle, sheep and hay production, the applicant will incorporate a small scale vegetable growing enterprise to provide additional income for 12 months of the year. This business mix will provide the applicant with an income to supplement their retirement with a workload that the applicant can cope with single handed.
3.2 The report states that, in order to maintain the high quality of breeding cattle and finished lambs, as well as ensuring that high animal welfare standards are met, it is imperative that a permanent presence is maintained on the farm. The submitted report concludes that the new farming enterprise on the retained piece of land requires 1.14 full time labour units would further support the proposal to build a dwelling on the farm for the applicant.
4. Site Historv
4.1 1 1/00742/FUL Erection of Single Storey Dwellinghouse and Construction of Outbuilding (in Association with Subdivision of the Existing Farm) was withdrawn on 26'h January 2012.
5.
5.1 This application is not of strategic significance and can therefore be assessed against the Kilsyth Local Plan 1999.
154 5.2 The site is within a designated Green Belt location in the Kilsyth Local Plan 1999 where policy GB3 applies. Extract from policy GB3: “There will be a presumption against residential development in the Green Belt unless it is shown to be necessary for the furtherance of agriculture, forestry, horticulture or other uses appropriate to a rural area.” The application site is also located within the Antonine Wall buffer zone where policy BE 8 is of relevance.
6. Consultations
6.1 A summary of comments from consultees is as follows: i. Traffic & Transportation have no objection to the proposed development subject to conditions relating requiring that the proposed access is staggered 25m from existing position, a visibility splay of 2.5m x 60m is achieved, no fencing/planting to exceed 900mm, drainage facilities should be provided to prevent surface water running from the private access onto Wyndford Road, the driveway is paved for the first 2m and minimum parking provision of 3 car parking spaces should be provided for the house. ii. Historic Scotland do not object to the application. iii. Rathmell Archaeology Limited commented that they are content for consent to be granted and do not recommend any conditions relating to archaeology.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advert, no letters of representation received.
8. Plannina Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 DeveloRment Plan: Kilsyth Local Plan 7999: The application site is located on land designated as Green Belt in the Kilsyth Local Plan 1999 where policy GB3 applies. Policy GB3 states that there will be a presumption against residential development in the Green Belt unless it is shown to be necessary for the furtherance of agriculture, forestry, horticulture or other uses appropriate to a rural area. A report from the Scottish Agricultural College has been submitted and concludes that there is an agricultural justification for the requirement for 1.4 labour units at Queenzieburn Farm in the interests of animal welfare and security, in which a dwelling and farm building are proposed. As such, the principle of a new dwelling is supported by policy GB3 of the Kilsyth Local Plan 1999. The proposal is considered to comply with this policy with respect to positioning, layout and design. An assessment of these matters is detailed from point 8.5 below.
8.3 The application site is located within the Antonine Wall buffer zone where policy BE 8 applies. This policy requires that Historic Scotland and an Archaeologist is consulted to assess the potential impact on this ancient monument and planning permission will only be granted where it is concluded that there will be no adverse impact on the site and its setting. In this respect, both Historic Scotland and Rathmell Archaeology Limited consider that the proposed development will not result in an adverse impact on the Antonine Wall or its setting which is in accordance with policy BE 8.
8.4 Other material considerations: Finalised Draft North Lanarkshire Local Plan: The policy status of the site is unchanged by the provisions of this plan. The site remains zoned as Green Belt and requires to be assessed against policy NBE3A (Green Belt) and the site is located within the Antonine Wall buffer zone where policy NBE 1B1 (Built Environment - International Sites). Policy NBE3A accepts the principle of
155 dwellings for agricultural workers in the Green Belt especially subject to the appropriate legal agreements. With this in mind, the FDNLLP 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 limited nature of the development, Policies DSP 1 and 3 are not relevant whilst DSP 2 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP 2 considers the location of development. In this case the dwelling is located in the Green Belt where development should avoid key corridors and wedges, and maintain clearly defined urbanhural boundaries, as discussed in detail above, the applicant has provided sufficient justification for the proposed dwelling. Whilst policy DSP 4 states that development will only be permitted when design is of a high standard, it is recognised that this application is of traditional design and considered acceptable for a rural location. For the reasons provided in 8.2 above, it is considered that the proposal complies with Green Belt policies of the emerging local plan. The application site is located within the Antonine Wall buffer zone where policy NBE 1B1 applies which states that there will be a presumption against development within this buffer zone that will have an adverse impact on the site and its setting. As discussed above, the proposed development will not result in a detrimental impact on the Antonine Wall site or its setting and complies with policy NBE 1B1. It is, therefore, considered that the proposed dwelling and barn is in keeping with the emerging local plan.
8.5 Positioning: The new plot will be accessed from Wyndford Road via the existing field access. The proposed dwelling and agricultural building seek to take advantage of the existing mature tree band in the positioning of the new development.
8.6 Design and materials: The single storey 3 bedroom dwelling has a footprint of approximately 190 square metres. The simple and traditional design is considered acceptable for a rural location. A planning condition requiring quality finishing materials such a slate (or slate substitute roof), smooth render exterior walls and timber window frames to reflect the location is proposed. The proposed agricultural building is of a scale and design that is considered acceptable for its location and use.
8.7 Scottish Government Planning Guidance: In light of the recent government guidance, the applicant has questioned the need for a legal agreement in this case. It is considered that, in terms of the existing and emerging local plan policy, as discussed in detail above, the legal agreement is required to ensure that the proposed dwelling will always remain in the occupation of a person employed wholly and locally in agriculture and to tie the house to the new agricultural unit, and therefore in compliance with local plan policy.
8.8 Consultations: With respect to the outstanding issue raised by consultation responses that have not been address above, Traffic & Transportation have commented that the access is not staggered, visibility requirements not being met, drainage information and parking are not been provided. These requirements have, however, to be weighed against maintaining the rural environment and the level of traffic that would be associated with the development. In this case not all are considered appropriate due to the diminutive amount of residentiaVagricultura1vehicles that will operate from the site and the impact that forming the recommended visibility splays would have on existing mature tree band, field boundaries and a traditional stone wall. There are no other outstanding issues from the consultation responses.
9. Conclusions
9.1 The Scottish Agricultural College has confirmed that the proposed agricultural unit and operation is of a size and scale that would result in someone being fully employed. Ordinarily it would be a requirement for the operation to be up and running in advance of the house being constructed. However, in this case, the new agricultural unit is being formed by a local farmer with long time links to the area that
156 wishes to downsize but stay in farming. Given the new house will be covered by an occupancy condition and S75 legal agreement that will tie it to the new agricultural unit, it is considered to acceptable to allow the house to be built at the same time as the new farming unit is formed. The plot is considered to have an acceptable relationship to existing mature tree band and the design and scale of the dwelling has a rural appearance. For these reasons, the proposal is considered to acceptable and to comply with policy GB3 of the Kilsyth Local Plan 1999. It is recommended that planning permission is granted subject to the conclusion of a section 75 legal agreement and imposed conditions.
157 Application No: Proposed Development:
12/00018/FUL Installation of a 70m High Temporary (36 Months) Tubular Steel Wind Monitoring Mast
Site Address:
Land At Starryshaw Farm Torbothie Road Stane Shotts North Lanarkshire ML7 5BW
Date Registered:
1 1th January 2012
Applicant: Agent: Willowind Dev'ts (Jersey) Ltd SKM Enviros Martin Davie Pauline Graham Elizabeth House Onesixty 9 Castle Street 160 Dundee Street St Helier Edinburgh Jersey EH11 IDG JE4 2QP
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 012 Fortissat None. Charles Cefferty, Malcolm McMillan, James Robertson,
Recommendation: Approve Subject to Conditions
Reasoned Justification :
The proposed wind monitoring mast accords with Policy ENV 8 of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan in that the temporary nature and height of the mast is considered acceptable and would not adversely affect the visual amenity of the surrounding area.
158 12/00018/FUL Willowind Dev'ts (Jersey) Lld Land AI Stanyshaw Farm Torbothie Road Stane Shotts Installation of a 70m High Temporaiy 15 gnths) Tubular Steel Wind Monitoring Mast Proposed Conditions:-
1. That the mast and associated structures hereby permitted shall be removed from the site, and the land restored to its former condition to the satisfaction of the Planning Authority, by 15th March 2015 or within 3 months of the wind survey being completed, whichever is the sooner.
Reason: To accord with the terms of this application and in the interests of visual amenity of this rural location and countryside beyond.
2. That, except for the terms of condition (3) below or as may be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings stamped approved as part of this permission.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That prior to any works commencing on site, a method statement for the construction of the mast, shall be submitted to and approved in writing by the Planning Authority and it shall include:
(a) the means of vehicular access to the site from the public road; (b) details of the types and numbers of vehicles that will be accessing the construction site; (c) details of the proposed service routes required for future maintenance; (d) details of the proposed methods of reinstatement of the access route to the mast; (e) details of the proposed phasing of these works and the proposed timescales of implementation. (f) details of the protection of the habitat and protected species during the construction of the mast.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. The construction and access details as approved under the requirements of Condition 3 above, shall be installed and used for all vehicles leaving the site and within 3 months of the cessation and removal of the mast, the access route shall be reinstated to the satisfaction of the Planning Authority.
Reason: In the interests of visual amenity of the site and the surrounding area.
5. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
6. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
7. That prior to the commencement of development on site, details for the protection of the Major Accident Hazard Pipeline (MAHP) in respect to:
1. Pipeline Crossings (vehicular routes) 2. Any proposed excavations.
shall be submitted to and approved in writing by the Council in consultation with National Grid.
160 Reason: In the interests of protection of existing infrastructure. 8. That notwithstanding the details shown on the approved plans, details of the bird deflectors to be added to the guy ropes and mast shall be submitted to and approved in writing prior to any works commencing on site.
Reason: To enable the Planning Authority to consider these aspects in detail.
Backaround PaDers:
Consultation Responses:
Greenspace received 1'' February 201 2 Landscape received 1'' February 201 2 Protective Services (Pollution Control) received I st February 2012 National Grid Plant Protection received 2ndFebruary 2012 West Lothian Council received 24'h Januar 201 2 BAA Aerodrome Safeguarding received 13yh Jan 2012 National Air Traffic Services received 27thJanuary 2012 Defence Infrastructure Organisation (MOD), received 18'h January 201 2 Wind Farm Enquiries (Ofcom) received 16' and 18'h January 2012 Scottish Gas Network received 23rdJanuary 201 2 Shell UK Ltd received 30thJanuary 2012 Scottish Power Energy Networks received 26'h January 2012
Contact Information:
Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 236 632496
Report Date:
2ndFebruary 201 2
161 APPLICATION NO. 12/00018/FUL
REPORT
1. Site Description
1.1 The application site is measures approximately 0.2 hectares and is located to the north of Starryshaw Farm, Torbothie Road, Stane. The site is located on rising ground in an area which comprises a mixture of grassland, semi mature and mature commercial forestry. The proposed site is approximately 1SKm east of Torbothie and access to the site will be from the existing road network via an all terrain vehicle with no need for additional access tracks to be constructed.
2. Prooosed Development
2.1 Temporary planning permission is sought for the erection of a 70 metre high tubular wind monitoring mast which is less than 20cm in diameter. The mast would consist of a steel post supported by guy wires with the apparatus for measuring wind and a lightning conductor attached. The spread of the guy ropes would be 45 metres by 45 metres at their widest point. The mast is required by the applicant for a period of 3 years, in order to monitor wind speeds at the site and it will gauge the potential for renewable energy sources at the site.
3. Applicant's Supportinq Information
3.1 The applicant has provided a short supporting document explaining the method of construction, impact on the surrounding environment and estimated operational period of the mast.
4. Site Historv
4.1 Application 03/01455/FUL for the erection of a 50 metre high meteorological mast approved 22ndDecember 2003.
4.2 The developer has sought a 'scoping opinion' from the Council Scoping opinion on 1lth January 2012 (ref. 12/00026/EIASCO) in relation to the EIA required for the proposed erection of nine 125 Metre turbines in and around this site.
5. Development Plan
5.1 The site is covered by Policy ENV8 (Rural Investment Area) in the Southern Area Local Plan 2008.
5.2 The application site is zoned as NBE 3B Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009.
6. Consultations
6.1 The following consultees have no objection to the proposed development:-
Protective Services, BAA, NATS, Shell, National Grid, Ofcom, MOD, Scottish Power, Scottish Gas and West Lothian Council.
6.2 A summary of the comments from the remaining consultees are as follows:-
i) Landscape comment that the site is well removed from major areas of habitation and that the existing woodland will help mitigate the visual impact of the mast. Landscape note that the nearest receptor Starryshaw Farm is 250m from the mast and that the impact would be minimal.
162 ii) Greenspace offer no objections to the proposed installation of the meteorological mast subject to habitat and species protection during construction and the use of bird deflectors for the guy wires.
7. Representations
7.1 Following the neighbour notification and press advertisement procedures, no letters of representation have been received.
8. Plannina 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. The application raises no strategic issues; it can be assessed in terms of the local plan policy.
Southern Area Local Plan 2008
8.2 The site is identified as Policy ENV 8 (Rural Investment Area) in the Southern Area Local Plan 2008. Policy ENV5 (Assessment of Environmental Impact) is also relevant.
8.3 Policy ENV8 states that the Council will not normally permit development other than that directly associated with an appropriate rural use but allows for renewable energy developments. In this case the proposal relates to a wind monitoring mast to establish potential for a possible windfarm development and as such the proposals are considered to be in accordance with policy ENV8.
8.4 Policy ENV5 states that the council will assess the suitability of a proposal to the character of the area, its landscape and visual impact and the impact on biodiversity. The views of the landscape at this location are characterised by agricultural grassland with surrounding semi mature and mature commercial forestry. The site is also located in an area of low population. In respect of the mast itself, although it has a height of 70 metres, it is fairly insubstantial in structure. Taking into account the landscape characteristics, it is considered that the mast will have a limited adverse visual impact but this will be outweighed by its temporary nature and the benefits of gathering information on the potential for wind power on the site. For the avoidance of doubt, a grant of planning permission in this instance will not set a precedent for permanent wind turbines. Landscape and Greenspace have no objections in landscape terms or ecology and it should be noted that the applicants intend to employ bird deflectors on the guy ropes to minimise the potential impact on bird species within the area. A condition is also attached relating to the specification of vehicular access to and from the mast site and its eventual re-instatement. It is not considered that the countryside location, existing natural habitat or landscape character of this site would be compromised by the proposal. Consequently the proposal accords with policy ENV5.
Finalised Draft North Lanarkshire Local Plan
8.5 The application site is zoned as NBE 3B Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009. This policy seeks to protect the character of and to promote development in Rural Investment Areas through restricting development to acceptable types. In this case the proposal relates to a wind monitoring mast to establish potential for a possible windfarm development and is considered an acceptable type of development. The policy then lists impact criteria for assessing acceptable development. The development must comply with the undernoted criteria:
0 Have a positive economic benefit.
163 0 Minimise any adverse environmental impacts. Do not pose undue infrastructure implications. 0 Have a specific locational need. 0 Be of a suitable scale and form for the location. 0 Applications include a landscape assessment.
As outlined in section 8.4 above, the proposed development is considered to be of a suitable scale and form for the location and will have no significant impact on the surrounding area. It is therefore considered that the proposed development is acceptable and accords with policy NBE 38.
Consultations
8.6 With respect to the consultation responses all issues can be addressed by the imposition of appropriate conditions.
9. Conclusions
9.1 In conclusion, I am satisfied that the impact of the wind monitoring mast is acceptable from a planning viewpoint and that the proposal accords with policies ENV8 and ENVS of the Southern Area local Plan 2008 and the policies of the Finalised Draft North Lanarkshire Local Plan. For the reasons stated above, it is recommended that temporary planning permission be granted for a period of 3 years.
164