AGENDA ITEM No._____ ~ 2 ~l.n_-_-__ .."-,
North Lanarkshire Council
Planning Applications for consideration of Planning and Transportation Committee
Committee Date : 8 October 2009
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 8'h October 2009
Page Application No. Applicant DevelopmentlLocus Recommendation No 4 N/09/00789/FUL British Railway lnfill Cutting Below Railway Grant Board (Residuary) Bridge (for Structural Ltd Support) and Formation of By-pass Footpath Bridge KBE/I 0 Banton Road Banton
13 N1091008501FUL Police And Construction of Four Storey Grant Community Safety Office Building Gartcosh Crime Campus Former Steel Works Auldyards Road Ga rtcosh
22 N/09/00871/PPP The Georgian Construction of Residential Refuse Finance Company and Nursing Home Ltd Development (In principle) Land South Of 30 Burniebrae Road Chapelhall
30 N/09/00936/PPP DRM Building Sub-Division of Existing Grant Renovations Ltd House and Erection of Detached House (In principle) 26 Station Road Mui rhead
39 N/09/00962/FUL North Lanarkshire Construction of 60 Space Grant Council Car Park Dunrobin Primary School Petersburn Road Petersburn Ai rdrie
46 S/08/01115/FUL Ms Elizabeth Baister Construction of Two Semi Grant Detached Dwellinghouses Land East Of 272/274, Bonkle Road, Newmains
56 S/09/00627/FUL David Wilson Homes Erection of 27 Terraced and Grant (P) Semi-Detached Dwellinghouses Land at New Craig Road Motherwell 66 S/09/00641/AMD David Wilson Homes Amendment to Planning Grant (P) Consent S/07/01188/REM Incorporating Amended Housetypes and Additional 16 Dwellinghouses New Craig Road Motherwell
75 S/09/00758/FUL Dawn Homes Erection of Residential Grant (P) Development Comprising of 130 Dwellings and Associated Roads Land at Castlehill Road, Gowkthrapple, Wishaw
84 S/09/00774/MSC Profogis Erection of 46,783 sqm Grant (Gross WarehouselDistribution Unit (Class 6) with Associated Landscaping, Parking and Access Land South West Of Jct 6 M8, Edinburgh Road, Newhouse
94 S/09/00946/FUL Mr Walker Erection of Single Storey Refuse Dwellinghouse Land West of 16 Holytown Road, Holytown
S/09/00627/FUL - If granted, refer to Scottish Ministers (Health and Safety Objection) S/09/00641/AMD - If granted, refer to Scottish Ministers (Health and Safety Objection) S/09/00758/FUL- If granted, Section 75 Agreement required (Financial Contribution of f65,000 (f500 per dwellinghouse) for the improvement /installation of off-site play facilities and other programmes associated with the Regeneratin of Gowkthrapple) Application No: Proposed Development:
N1091007891FUL lnfill Cutting Below Railway Bridge (for Structural Support) and Formation of By-pass Footpath Site Address:
Bridge KBE/IO Banton Road Banton North Lanarkshire
Date Registered:
16th July 2009
Applicant: Agent: British Railway Board (Residuary) Ltd Jacobs UK Ltd Hudson House 1st Floor, Northern House Toft Green 7-9 7-9 Rougier Street York York City Centre YO1 6HP York YO1 6HZ
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 001 Kilsyth 2 letters of representation received. Mark Griffin, Jean Jones, David Key,
Recommendation: Approve Subject to Conditions
Reasoned Justification: The strengthening of the bridge is important for the local community. It is recognised that there are compelling structural, financial and maintenance advantages to the applicants and to North Lanarkshire Council from the proposed bridge strengthening infill option. The current proposal for diversion footpaths is a negotiated improvement to the previously proposed bridge infill operation which was refused planning permission because no such diversion was proposed.
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 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:- J241 IO/KBE10/0001, 0002, 0003 and 0004
Reason: To clarify the drawings on which this approval of permission is founded.
3. 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 grass seeding and turfing; (b) a scheme of any tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To ensure that there is effective landscaping which is appropriate for the site and the general area.
4. That all works included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure that there is effective landscaping which is appropriate for the site and the general area.
5. 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 grassed, planted and landscaped areas.
Reason: To ensure that there is effective management and maintenance of landscaping and footpaths.
6. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.
Reason: To ensure that there is effective management and maintenance of landscaping and footpaths.
7. That no bridge infill works shall take place and the existing footpath shall not be closed until a) a formal right of way diversion order is in place and b) the diversion footpaths are formed; the road warning signs shall be installed prior to any diversion footpath usage; all works shall be in accordance with the approved plans.
Reason: In the interests of accessibility and road safety by ensuring that there is continued footpath availability and that warning signs are in place prior to diversion footpath usage.
8. That prior to works commencing the recommendations of the Jacobs Ecological Assessment shall be complied with in respect of carrying out a detailed search by a competent person for bats and removing any vegetation outwith the nesting season that may be used by nesting birds.
Reason: In the interests of local ecology.
9. 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.
10. 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. Backnround Paoers:
Representation Letters
Letter from Banton & Kelvinhead Community Council, [email protected] received 2nd September 2009. Letter from Friends of the Kelvin Valley Park, Clo Paul Carter, Secretary And Editor, Woodlinn, High Banton, Kilsyth, G65 ORA received 2nd September 2009.
Consultation Responses:
Letter from Scottish Water (Glasgow) received 28'h July 2009 Memo from Traffic & Transportation (Northern Area) received 8'h July 2009 Memo from Environmental Health (including Pollution Control) received 28'h August 2009 Memo from Countryside and Landscape received 24'h June 2009
Contact Information:
Any person wishing to inspect these documents should contact Martin Dean at 01236 6 16466.
Report Date:
30th September 2009 APPLICATION NO. N/09/00789/FUL
REPORT
1. Site Description
1.1 The former railway line cutting at Banton Road, to the west of Banton, is open and allows for recreational access for well shod persons. It is a right of way (claimed) as identified in the Council’s Catalogue of Rights of Way and is a proposed core footpath as specified in the North Lanarkshire Council’s Draft Core Path Plan (published in February 2008).
2. Proposed Development
2.1 The application is for the infilling of the cutting below the former railway overbridge at Banton Road, by Banton. The purpose of the infill is to provide structural support for a weak bridge with a weight limit of 3 tons. The proposed infill will allow the weight limit to not only meet the British Railway Board (Residuary) Ltd’s objective of 24 tons but will also meet the North Lanarkshire Council desire for a 40 ton limit. Also proposed are diversion footpaths and a cattle crossing round the proposed infill obstruction.
3. ARRliCant’S Supporting Information
3.1 Various options have been looked into through the previous planning application to try and find a solution which provides improved bridge strengthening but does not block the right of way/ proposed core footpath. The applicants have commented as follows on such options.
0 “Full superstructure replacement Demolition of the existing bridge deck and full replacement to current design standards including any required works to the abutments would allow footpath creation but at additional cost to the applicant (and North Lanarkshire Council) including future maintenance and further liabilities.
0 Propping of the superstructure beneath Installing large props vertical or inclined to the superstructure would increase the load capacity of the deck. However this method would also restrict the proposed core path and expose the public to engineering works. Props are at risk of being struck by a farm vehicle and are more vulnerable to vandalism. Propping of structures is commonly only a temporary solution and would leave the applicant (and North Lanarkshire Council) with a future risk and maintenance liability.
Pre-cast Box Culvert / Subway A pre-cast concrete box culvert could be installed along the existing ground level and infitled around it, however this would be an additional cost to the applicant (and North Lanarkshire Council) including future maintenance liabilities and also conflict with the works planned for the water main.
0 Traditional deck strengthening As the bridge has failed its BD21/01 & BE4 loading assessments multiple elements may require strengthening and can lead to major works. Due to the works required and the on going maintenance liabilities this is not considered economically viable solution to increase the load capacity.
0 Transfer of ownership By transferring ownership of the bridge with an agreed dowry all maintenance, future asset uses and responsibilities would be the responsibility of North Lanarkshire Council. This has not been discussed, but remains a possibility. 0 Future bridge work It should be noted that if the council wish to place a core path along the disused railway formation, the compacted inert and foamed concrete structural fill proposed can be easily excavated by conventional construction plant.”
3.2 Subsequent discussions between the applicants and the Council as Roads Authority has confirmed that infill is the preferred solution from a structural, long term maintenance and financial point of view.
3.3 A Protected Species Report accompanied the application. No protected species were encountered, although it was noted that there was potential bat roosting habitat within the bridge. The Report recommends that a search be carried out before work starts.
4. Site Historv
4.1 A previous relevant planning application is as follows; 0 N/08/01428/FUL lnfilling of Cutting Below Railway Bridge (For Structural Support); Refused permission on 25 November 2008 as no diversion footpaths were proposed and the infill would block a right of way and proposed core footpath.
5. Development Plan
5.1 The development raises no strategic issues and can therefore be assessed in terms of Local Plan policies,
5.2 The site is within the Green Belt (GB 1-4, 6) in the Kilsyth Local Plan 1999. Relevant policy GB 2 presumes against most forms of development unless required for agriculture etc. This policy does, however, allow for developments which require to be in the Green Belt.
6. Consultations
6.1 Scottish Water had no objections to the proposed development;
6.2 A summary of comments from the remaining consultees are as follows; Conservation and Greening: Access Officers have no objections to the proposal subject to the right of way being diverted as proposed. Protective Services: Materials must be chemically tested and the results passed to Protective Services for comments. Traffic and Transportation: The proposal for the change for the cattle crossing from below the bridge to an at-grade crossing of the road is unacceptable. The visibility requirement for drivers is 110m for speeds up to 40mph (or 150m for speeds up to 50mph) to the cattle crossing point; this does not appear to be achieved for drivers travelling northbound over the bridge. As this is a new provision it is recommended that the application be refused. The applicant should seek a crossing point that meets the requirements for visibility and provide appropriate cattle warning signs.
7. Representations
7.1 Letters of objection have been received from Banton and Kelvinhead Community Council and from Friends of Kelvin Valley Park. Points of objection relate to blocking a right of way and the creation of a road hazard through the proposed cattle and walker crossing. 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 Adopted Local Plan: The site is covered by Green Belt policies (GB 1-4, 6) in the Kilsyth Local Plan 1999. It is not considered that the proposed bridge strengthening and diversion footpaths are contrary to Green Belt policies in that the works clearly “require to be located in the Green Belt” (GB 2) as the bridge is in the Green Belt.
8.3 The western footpath link is within the Banton Loch Site of Importance for Nature Conservation and is covered by policy NE 9 which presumes against developments which will adversely affect the relevant nature conservation interests. It is considered that the proposal will not contravene this policy as the works are minor and will ensure that walkers continue to enjoy the rural environment.
8.4 Local Plan policy CT 3 states that “The Council will seek to protect all existing rights of way, and where routes are affected by new development, will ensure that the established rights of way are maintained, or, if necessary, diverted to a suitable alternative route.” Policy CT 4 states that ”The Council will pursue opportunities to expand access to the countryside by providing new footpaths, cycle routes and bridle paths with a special emphasis on organised networks, providing links between settlements and key attractions, together with associated signposting.” This policy is taken forward through the Council’s proposed core footpath network. It is considered that these policies are complied with as, although the proposed development will cut off a right of way and proposed core footpath, a suitable diversion is proposed. This is expanded in paragraphs 8.6 and 8.7.
8.5 Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration but does not alter the policy position covering the proposal.
8.6 Other Material Considerations are as follows. Blockaae of Riaht of Wav: This is not ideal as the existing path, although poorly drained, is an attractive off-road route. The infill solution is, however, deemed to be the only realistic cost effective method of bridge strengthening and the diversion is relatively minor. In these circumstances it is considered that the blockage and diversion of the right of way and proposed core footpath is acceptable.
8.7 Safetv of Diverted Footpath/ Cattle Crossinq: Traffic and Transportation and the local Community Council are concerned about the safety of the proposed surface road crossing. Clearly a road crossing is inherently less safe than the existing arrangement of a tunnel under the road. It is not considered, however, that there is an overriding roads danger with there being relatively long distance visibility from the east and slow traffic speeds from the west due to the sharp road bridge bend. Required cattle crossing warning signs will alert drivers to the potential danger. Cattle crossing a road is something which drivers on rural roads must always be alert for. It is also considered that walkers on the footpath will be able to safely negotiate the road crossing with due care and attention. It is noted that the proposal is acceptable to the Council’s Access Officers.
8.8 Consultations: Traffic and Transportation matters are covered in paragraph 8.7 above. With respect to the comments from Protective Services it is considered unreasonable to require chemical analysis of materials to be used in this modest and isolated infrastructure development. A planning condition requires that a right of way diversion order be in place prior to any works commencing.
8.9 Representations: Letters of objection have been received from Banton and Kelvinhead Community Council and from Friends of Kelvin Valley Park. Point of Objection: The proposal will block a right of way and a proposed core footpath. Comments: The blockage is deemed to be acceptable with there being a satisfactory modest diversion. This is covered in paragraph 8.6 above.
Point of Objection: The diversion cattle and walkers path will be hazard on a busy road. The existing arrangement is much safer. Comments: It is not considered that there are unacceptable road safety issues. This is covered in paragraph 8.7 above.
Point of Objection: Improved footpath drainage should be required as part of any bridge strengthening. Comments: The footpath diversion will take walkers away from the poorest drained area at the bridge. Drainage pipes are proposed at the base of the infill in order to avoid water pooling in this area.
9. Conclusions
9.1 In conclusion it is recognised that the strengthening of the bridge is important for the local community. It is also recognised that there are compelling structural, financial and maintenance advantages to the applicants to and North Lanarkshire Council from the proposed bridge strengthening infill option. The current proposal for diversion footpaths is a negotiated improvement to the previously proposed bridge infill operation which was refused planning permission because no such diversion was proposed.
9.2 It is considered that the proposal is acceptable and it is recommended that planning permission be granted. Application No: Proposed Development:
N/09/00850/FUL Construction of Four Storey Office Building Site Address:
Gartcosh Crime Campus Former Steel Works Auldyards Road Gartcosh
Date Registered:
28th July 2009
Applicant: Agent: Police And Community Safety Gordon Murray & Alan Dunlop Architects Scottish Government 274 Breckenridge House St Andrew's House Sauchiehall Street Regent Road Glasgow Edinburgh G2 3EH EH1 3DG Application Level: Contrary to Development Plan: Major Application No
Ward: Representations: 005 Strathkelvin I letter of representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey,
Recommendation: Approve Subject to Conditions
Reasoned Justification: This is a high quality prestigious development which accords with the Development Plan, which will bring welcome local employment and which will raise the profile of Gartcosh Business Park and North Lanarkshire. 09~~0ffUL xav--wmm.&&y&x**- ~z-L.;*M Police 8, Co~munitySafety m =-*-- 16,055 -.*.b.-.ICC-r.., .I gga Former Steel Works Auldyards Road Gartcosh Construction of Four Storey Office Building (Gartcosh Crime Campus) Proposed Conditions:-
I. 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 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:- PL 01 - PL 25 inclusive.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That before the development hereby permitted starts, full details of the existing and proposed site levels shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To ensure that levels are appropriate for the site and for the general area.
4. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To ensure that external materials are appropriate for the site and for the general area.
5. That before the development hereby permitted starts, full details of the external walls and fences shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To ensure that boundary walls and fences are appropriate for the site and for 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 ensure that landscaping is appropriate for the site and for the general area.
7. That all works included in the scheme of landscaping and planting, approved under the terms of condition 6 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 that landscaping is appropriate for the site and for the general area. 8. That before the development hereby permitted starts, full details of the parking provision and parking needs 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; 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: In the interests of road safety by ensuring that appropriate parking facilities are maintained on the site.
9 That there shall be no occupation of the building until the off-site entrance roundabout, toucan crossing and bus stop have been constructed in accordance with the submitted updated Transportation Assessment and in accordance with detailed plans which are required to be submitted to and approved by the Planning Authority; or such other scheme as may be approved in writing by the Planning Authority.
Reason: In the interests of road safety and promoting public transport.
10. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated for the SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
11. That the SUDS compliant surface water drainage scheme approved in terms of Condition 10 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.
12. 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
13. 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 and to enable the Planning Authority to retain effective control. 14. 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 Backaround Papers:
Representation Letters
Letter from Morton Fraser, Solicitors, 30-31 Queen Street, Edinburgh, EH2 1JX received 7th September 2009.
Consultation Responses:
Memo from Geotechnical received 8'h September 2009 Memo from Environmental Health (including Pollution Control) received 28'h August 2009
Contact Information:
Any person wishing to inspect these documents should contact Martin Dean at 01236 616466
Report Date:
30th September 2009 APPLICATION NO. N1091008501FUL
REPORT
1. Site Descriution
1.1 The application site is a development platform within the south west section of the Gartcosh Business Park. The 6.4 hectare site is generally flat and is bounded by a railway line to the south, an industrial business park road to the north, open land to the east (with potential for expansion) and an electricity substation to the west.
1.2 Gartcosh railway station is approximately 240 metres from the application site.
2. Prouosed DeveloDment
2.1 The application is for a four storey office building with associated access, parking and landscaping. It is proposed to build 12,600 sq m of high quality office accommodation along with laboratories and support facilities, with the total floor area being 22,900 sq m. The building is contemporarily designed and will be formed of four connected elements which form a U shape round a central atrium space. It will be located within the centre of the site (including the potential expansion area), with parking (601 spaces) to the south and landscaping to the north and west. Vehicular and pedestrian access is from the northern industrial estate access road.
3. Applicant’s Sumottinn Information
3.1 The applicants have submitted a Design Statement, Ecological Survey, Drainage Strategy, Landscape Strategy, updated Transport Assessment and Site Investigation Report in support of the application. These specify that the building has been designed to relate to the site and general area and to have a contemporary end user specific theme; no protected species are on the site; SUDS drainage will be used; landscaping will be an important development feature; and the site is safe for development. The motorway and local roads can cope with the projected extra traffic. It is proposed to form an off-site roundabout at the entrance, a toucan crossing and a bus stop.
4. Site Historv
4.1 Relevant planning history for the Gartcosh Industrial Park is as follows: 0 N/01/00001/OUT Gartcosh Industrial Park (Outline): Approved January 2002 0 N/01/00012/FUL Construction of Access Road to Transport Interchange: Approved March 2002 N/08/01030/FUL Construction of Industrial Unit (180,000 Square Feet) and Associated Infrastructure: Approved September 2008
5. Develoument Plan
5. I The development raises no strategic issues (as the site is identified for Industrial/ Business use) and can therefore be assessed in terms of Local Plan policies.
5.2 The site is covered by Industrial/ Business Land Supply, Strategic Industrial Location and Gartcosh Industrial Park policies (ECON 1, 3 and 4) in the Northern Corridor Local Plan 2005.
6. Consultations
6.1 A summary of comments from consultees is as follows; Conservation and Greening: With a small alteration the diverted proposed core footpath is acceptable. This diversion, which avoids the application site, will be adopted by the Council and put to the Scottish Ministers with the rest of the proposed core footpaths for formal approval. The conclusions of the Protected Species Survey are noted.
Protective Services: If there is any.- sign of contamination Protective Services should be informed. Traffic and Transportation: No objections subject to satisfactory parking provision.
7. Representations
7.1 One letter of representation has been received on behalf of the applicants expressing concern over the initially proposed core footpath running through the site.
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 Adopted Local Plan: Relevant policies within the Northern Corridor Local Plan 2005 are ECON 1, 3 and 4 covering Industrial/ Business Land Supply, Strategic Industrial Location and Gartcosh Industrial Park Policy ECON 1 identifies the site as being zoned for Industry and Business use and being within the appropriate land supply for such uses. The proposed office building complies with this policy. Policy ECON 3 promotes the Gartcosh Industrial Park as a Strategic Industrial and Business Location with this designation being contained within the Glasgow and the Clyde Valley Joint Structure Plan 2006. In view of the large size and quality design of the proposed office building it is considered that the proposal complies with the strategic aims of this policy. Policy ECON 4 promotes the establishment of Gartcosh Industrial Park on the site of the former steel works. This has been fulfilled to the extent that the site has been remediated, appropriate nature conservation measures have been put in place and infrastructure, including roads, has been formed. This policy is, therefore, complied with.
8.3 Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration and has a similar business policy to the adopted local plan with the Gartcosh Business Park being identified as a High Amenity Strategic Location for Business and Industry (EDI IB). The proposal complies with this policy.
8.4 Other Material Considerations are as follows. Sianificance and SDecific Nature of the Development: This is a major development which is significant for Gartcosh Business Park and for North Lanarkshire as a whole. The agencies who will occupy the building will employ up to 1,200 people and, as such, this will be an important local source of employment. The design of the building and layout of the site have been formulated to reflect the prestigious nature of the development, the characteristics of the site and local area and the specific requirements of the building users. Gartcosh Station is located close to the application site and, as such, employees will be able to use public transport and will not be reliant on car use.
8.5 Consultations: Where appropriate consultation comments and other areas of importance have been followed up through planning conditions, with such conditions covering parking, off-site development and landscaping. It is not considered necessary to impose a condition requiring a Green Travel Plan due to the obvious potential for employees to use the almost adjacent train station.
8.6 Representations: One letter of representation has been received on behalf of the applicants. Point of Representation: The proposed core footpath through the application site will jeopardise the proposed development. Comments: This has been noted and a core footpath diversion that is satisfactory to the applicants is proposed. This is covered in paragraph 6.1 above.
9. Conclusions
9.1 This is a high quality prestigious development which accords with the Development Plan, which will bring welcome local employment and which will raise the profile of Gartcosh Business Park and North Lanarkshire. it is recommended that planning permission be granted. Application No: Proposed Development:
N/09/00871/PPP Construction of Residential & Nursing Home Development (Outline) Site Address:
Land South Of 30 Burniebrae Road Chapelhall North Lanarkshire
Date Registered:
13th August 2009
Applicant: Agent: The Georgian Finance Company Ltd Aha-Architects Ltd C/o Agent 15 Melville Terrace Stirling FK8 2NE
Application Level: Contrary to Development Plan: Local Yes
Ward: Representations: 01 1 Airdrie South I letter of representation received. Michael Coyle, Thomas Curley, David Fagan, John Love,
Recommendation: Refuse
Reasoned Justification: In deliberating all material considerations including the current local plan, it is considered that the proposal does not accord with the Monklands District Local Plan in that the proposal represents an unacceptable loss of Open Space and Intrusion into the Green Belt adversely affecting the amenity and the rural character of the area. ji kernmientation Reason for Refusal:-
1. That the proposed residential development and care home are contrary to the development plan , National Planning Policy SPPll (Open Space & Physical Activity) and Scottish Planning Policy 21 (Green Belts) in that;
The proposed residential development and care home would constitute an unacceptable development in an area designated for Open Space Improvement covered by policy LRI 1.It is considered that a nursing home and residential development at this location represents an unacceptable development with the resultant loss of Open Space and Intrusion into the Green Belt adversely affecting the amenity and rural character of the area
The proposed residential development and care home are not uses associated with agriculture or forestry and the applicant has failed to demonstrate a specific locational need. (Monklands District Local Plan 1991 policy GBI, Finalised Draft North Lanarkshire Local Plan 2009 policy ENV 6, Scottish Planning Policy 21 (Green Belts)
2. That should planning permission be granted a precedent would be set for residential developments and care homes in unacceptable locations.
3. It has not been satisfactorily demonstrated that that the proposed development will not be detrimental to road safety in that insufficient detail has been submitted to assess the impact of the additional traffic generated by the development on the local road network in terms of existing vehicle speeds, visibility splays, possible alterations to the existing road layout, access arrangements and car parking. Backnround Papers:
Representation Letters
Letter from Phi1 Simpson & Fiona Hynd, 27 Acer Grove, Chapelhall, Airdrie, ML6 8HQ received 12th August 2009.
Consultation Responses:
British Gas letter received 28'h August 2009 Scottish Water (West Region) letter received 26'h August 2009 Scottish Environment Protection Agencsy letter received 24'h August 2009 Geotechnical Team Memo received 31 August 2009. Environmental Health (including Pollution Control) Memo received 27'h August 2009.
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616475.
Report Date:
14thSeptember2009 APPLICATION NO. N/09/00871/OUT
REPORT
1. Site Description
1.I The site lies within an area characterised by high amenity open space with mature trees and landscaping which becomes more sporadic to the north and west before breaking into open countryside. To the south lies an area of dense woodland and the northern boundary of the residential area Acer Grove which comprises 2 storey properties. The site is bounded to the west by Burniebrae Road and the curtilage of an existing single storey dwelling 30 Burniebrae Road.
2. Proposed Development
2.1 Permission is sought for a residential development & nursing home in principle. As such, no details have been submitted at this stage in respect of potential house type, site layout etc. as these matters would be considered as part of an application for approval of matters specified in conditions should this present application be considered favourably. The only known factor is that vehicular access into the site will be taken from a new access point at the sites southern most point on Burniebrae road.
3. Development Plan
3.1 In this instance only a small part of the site is located within the Green Belt as such the proposal is not considered to be of strategic significance. It can therefore be assessed in terms of Local Plan policies.
3.2 The site is located within an area partially designated as LR3/2 (develop new national and regional facilities-regional riding centre at Chapelhall) and partially GBI (Restrict Development in the Green Belt) in the Adopted Monklands Local Plan 1991. Policies HGIO (Residential Development out with Residential Areas), LRI 1 Improve Public Open Space.
3.3 Scottish Planning Policy 21 (Green Belts) and Scottish Planning Policy 11 (Open Space) is also of relevance for this application.
4. Consultations
4.1 British Gas has no objections to the proposal and issued advice on the location of their apparatus within the site area.
4.2 Scottish Water (West Region) has no objection to the proposal.
4.3 Scottish Environment Protection Agency provided comments in the form of standing advice for the proposal.
4.4 My Geotechnical Team has offered comments regarding the level of information relating to drainage being deficient.
4.5 My Transportation Team has deferred comment due to the level of information submitted being deficient. In particular a Transportation Assessment is recommended to assess the impact of the additional traffic generated by the development on the local road network in terms of existing vehicle speeds, visibility splays, possible alterations to the existing road layout, access arrangements and car parking 4.6 Environmental Health (including Pollution Control) has no objections to the proposal and advised that a site investigation should be undertaken.
5. Representation
5.1 Following the standard neighbour notification procedures one letter of objection was received. The relevant points are summarised as follows:
a) The proposed development will have a devastating impact on the natural environment and wildlife habitats.
b) The proposed development will result in an increased flood risk.
c) Increased traffic resulting from the proposed development will have a negative impact on the wider road network.
d) The proposed development will impact on surrounding property values.
e) The proposed development will result in increased noise levels and a loss of privacy.
6. Plannina Assessment
6.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise.
Monklands District Local Plan 1991
6.2 The majority of the site is designated LR 312 which denotes the area for development as a regional riding centre. As this development was not and is no longer being pursued the site reverts to policy LR 11 Improve Public Open Space, this sets out that the Council will protect existing public open space from inappropriate development. In essence it remains the Councils objective to retain this area preserving the open space link to the wider rural amenity of the surrounding Green Belt in this respect the proposal does not accord with this policy.
6.3 The site is also partially designated GB1 Green Belt where residential development will only be allowed where there is the requirement for specific occupational and locational need. Local Plan Policy GBI (Restrict Development in Green Belt) states that no development will be permitted except for (amongst other things) new houses for full time workers in connection with forestry or agriculture. Policy HGIO states that new build residential development will not be permitted out with existing residential areas unless it is justified under (amongst other things) Policy GB1 as noted above. The proposed development is not associated with forestry and agriculture and therefore would be seen to be contrary to the Adopted Monklands District Local Plan 1991. The applicant has not provided any justification for the departure in this respect.
Finalised Draft North Lanarkshire Local Plan 2009
6.4 The Finalised Draft North Lanarkshire Local Plan 2009 is a material consideration. The site is zoned HCFI B1 Housing and Community Facilities 8, NBE3A Green Belt. In considering Green Belt, this policy signifies a reiteration of the Monklands District Local Plan 1991 and as such concurs with the assessment in paragraph 6.3. Whilst it is recognised that a nursing home could be argued to be a community facility and as such gain some comfort from this policy the site is on the edge of the urban area and is of high value as open space. The proposed development also includes residential development. Accordingly the development is not considered to be appropriate for this site. The loss of high value open space (and Green Belt land) is not justified in this case.
National Plannina Policv
6.5 National Planning Policy SPP 11 supports local plan policy in this respect and sets out that: ‘there is a presumption against developing open spaces which are valued and functional, or which are capable of being brought into functional use to meet a need identified in the open space strategy. Only where there is strong justification should open space protected by the development plan be developed either partly or fully for a purpose unrelated to use as open space. The applicant has provided no justification for the use of this protected open space for this residential development notwithstanding that it is considered that the proposal is not supported by either by the Local Plan or National Planning policy SPPl1.
6.6 Scottish Planning Policy 21 (Green Belts) which reiterates the exceptional circumstances for which development in the Green Belt should be permitted. In this instance the development does not fall within any of the categories outlined as appropriate uses within this document nor does the justification meet with the requirements set out for proposals of non-conforming uses as it is not of national importance and does not meet an established need. The proposal must be deemed to be contrary to Scottish Planning Policy 21.
6.7 Taking the foregoing into consideration it is clear that the proposed development is contrary to the Monklands District Local Plan 1991 and national Planning Policies.
Consultations
6.8 The current lack of detail relating to roads matters is not felt to be a reason to postpone determination of this application. It is not normal practice to have the applicant undertake further studiedwork where there are fundamental policy objections to the proposed development. The lack of detailed information on roads issues has however been included as a reason for refusal.
Remesentations
6.8 In considering the points of objection raised in paragraph 5.1 a response can be summarised as follows:
a) No habitat survey was submitted with this application and being contrary to the development plan with no material considerations supporting a recommendation to grant permission no survey was requested. Should the committee decide to grant permission this matter may be considered through the imposition of an appropriate condition.
b) No flood risk assessment was submitted with this application and being contrary to the development plan with no material considerations supporting a recommendation to grant permission no survey was requested. Should the committee decide to grant permission this matter may be considered through the imposition of an appropriate condition.
c) Transportation have deferred formal comment on the proposal however as with any new residential development there will be a measurable impact on the wider road network which may be ameliorated through design of the proposed access. d) Property valuation is not a material planning consideration.
e) The application is currently for planning permission in principle and loss of privacy due to proximity may only be determined with the submission of a further planning application. Similarly with no obvious noise source Environmental Health (including Pollution Control) has not provided comment on noise pollution.
7. Conclusions
7.1 In deliberating all material considerations including the current local plan, it is clear that the proposal is contrary to the Monklands District Local Plan and Scottish Planning Policies in that the proposal represents an unacceptable loss of Open Space and Intrusion into the Green Belt adversely affecting the amenity and rural character of the area with no material considerations justifying approval. I therefore recommend that the committee refuse the application. Application No: Proposed Development:
N1091009361PPP Sub-Division of Existing House and Erection of Detached House Site Address:
26 Station Road Muirhead Glasgow North Lanarkshire G69 9EH
Date Registered:
14th August 2009
Applicant: Agent: DRM Building Renovations Ltd Richard Robb Architects 23 Netherburn Avenue 75-77 Albert Road Houston Gourock PA6 7NF PA19 INJ
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 005 Strathkelvin: 7 letter(s) of representation received (including William Hogg, Frances McGlinchey, Chryston Community Council) Joseph Shaw and Brian Wallace.
Recommendation: Approve Subject to Conditions
Reasoned Justification:
With regard to the adopted development plan and other material consider tions, it is considered that, given that the application site is located within an established residential area, the proposed dwelling and sub-division of an existing dwelling are in keeping with the nature of the area and will not significantly impact on the amenity of the adjacent areas. Therefore, the proposal would conform with policies HG 3, HG 4 and TR 6 of the Northern Corridor Local Plan (2005) and the Finalised Draft North Lanarkshire Local Plan.
Proposed Conditions:-
1. That before 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 all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, timetable for, management and maintenance, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (9 the provision of drainage works; (9) the disposal of sewage; (h) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That within three years of the date of this permission, an application for approval of the matters, specified in Condition 1 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
3. That the development hereby permitted shall be started, either within 3 years of the date of this permission, or within 2 years of the date of which the last of the matters as specified in Condition 1 above are approved, whichever is the later.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
4. That notwithstanding the terms of Condition 1 above, the application for approval of the matters shall include the following:
(a) the development shall accord with the indicative layout (drawing number DM1229); (b) the site shall be developed in accordance with the Council's 'Open Space Guidelines: Space around dwellings'; (c) the height of the new dwelling shall not exceeds two storeys; (d) the materials shall be slate/slate affect roofing material, timber windows and rendered elevations in a texture and colour of the sandstone of No 26 Station Road.
Reason: In the interests of the visual amenity of the area.
5. That the application required under the terms of Condition 1 above shall include confirmation 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.
6. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges or walls, shall be removed from the application site, without the prior approval in writing of the Planning Authority.
Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.
7. That notwithstanding Condition 1 above, the parking provision for the detached dwelling shall accord with Council's Guidelines (for a 314 bedroom dwelling the car parking requirement is 3 car parking spaces and for a 5+ bedroom, the requirement is 4 car parking spaces).
Reason: In order to provide adequate parking provision in the interests of road safety and residential amenity.
8. That notwithstanding Condition 1 above, the new vehicular access onto Potassels Road shall be via a minimum 10 metre long and 5 metre wide dropped kerb.
Reason: To ensure adequate access and egress to and from the site in the interests of vehicular and pedestrian road safety.
9. 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, to monitor the development, to enable the Planning Authority to retain effective control.
10. 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 Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control. Backa round Papers:
Representation Letters
Letter from Mr - Mrs J McAlister, 35 Station Road, Muirhead, Glasgow, North Lanarkshire, G69 9EH received 8th September 2009. Letter from Michael Fagan, 28 Station Road, Muirhead, Glasgow, G69 9EH received 10th September 2009. Letter from Mr Robert Innes, 7 Potassels Rd, Muirhead, Glasgow G69 9EL, G69 9EL received 10th September 2009. Letter from Chryston Community Council, C/o Miss R Anderson, Hon. Secretary, 1 Neuk Avenue, Muirhead, Chryston, G69 9EX received 8th September 2009. Letter from Mrs Michelle Innes, 7 Potassels Rd, Muirhead, Glasgow G69 9EL received 25th August 2009. Letter from Mr James McColl, 22, Station Road, Chryston G69 9ED received 24th August 2009. Letter from Mr Anderson, ‘The Old Manse’, 4 Potassels Road, Muirhead, Glasgow, North Lanarkshire, G69 9EL received 8th September 2009.
Consultation Responses:
Letter from SP Energy Networks received 31st August 2009. Letter from BT received 1st September 2009. Letter from Scotland Gas Networks received 31st August 2009.
Memo from Protective Services received 28th August 2009. Memo from Transportation received 21st September 2009.
Contact Information:
Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 616473
Report Date:
21 st September 2009 APPLICATION NO. N1091009361PPP
REPORT
1. Site Description
1.I The site currently consists of one substantial detached Victorian sandstone villa which is set within a very generously sized and mature garden. The application site is bounded by Station Road to the east which is an adopted road and Potassels Road to the north which is privately owned, beyond which are residential properties. To the west and south of the site lie residential properties.
2. Proposed Development
2.1 The application is for planning permission in principle for the sub-division of existing house and erection of a detached house at 26 Station Road, Muirhead. Indicative details show a detached dwelling (26C) located at the south of the site using the existing access off Station Road with the northern end of the site being sub-divided to provide garden ground with off street parking for the proposed flats (26A and 26B). In addition, a new access is proposed off Potassels Road to serve flat 266 with flat 26A to use the existing access off Potassels Road.
3. Site History
3.1 On the 6'h February 2009, planning permission was refused (Ref N/08/00246/FUL) for the construction of nine dwellinghouses and appeal was dismissed 21" May 2009.
4. Development Plan
4.1 The application raises no strategic issues, it 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 HG 3 (Retention of Residential Amenity).
4.3 The site is also zoned as HCF 1 A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan (FDNLLP).
5. Consultations
5.1 The following consultees had no objections to the proposed development: BT, Scottish Gas Networks and SP Energy Networks.
5.2 A summary of comments from the remaining consultees are as follows:
I. Protective Services have no objection of the proposed development but if any previously unsuspected contamination which becomes evident during the development of the site, a more detailed site investigation to determine the extent and nature of the contaminant(s), and a site-specific risk assessment of any associated hazards, may be required. ii. Transportation have no objection to the proposed residential development and a number of conditions are suggested relating to road and footpath improvements, visibility requirements, access and parking requirements.
6. Representations
6.1 Following the standard neighbour notification process and newspaper advertisement, 7 letters of representation (6 objections and I neutral) has been received which includes correspondence from Chryston Community Council. The main points of which are as follows: I. Adjacent neighbours have concerns regarding loss of outlook, privacy implications, over shadowing, access difficulties and condition of the private Potassels Road and closeness of the proposed house. Concern has also been expressed about noise due to the intensification of the site. II. Concern has been expressed that the proposal will result in an increase in traffic, particularly on Station Road that suffers greatly already from congestion, on-street parking and access difficulties. iii. The proposed dwelling will not in keeping with this predominant traditional sandstone area. There will also be a loss of mature trees and gardens. The development is out of character with the surrounding area and is detrimental to residential amenity. iv. Flooding and drainage matters are a concern as there are already drainage problems in the area. The loss of the large area of grass from the site will make matters worse, and could lead to flooding problems for neighbours.
7. Planninn Assessment
7.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application is not of strategic significance and therefore requires to be assessed against the adopted Northern Corridor Local Plan 2005.
7.2 Adopted Local Plan: The site is zoned as HG 3 (Retention of Residential Amenity). Policies also relevant are HG 4 (Assessing Applications for Residential Development) and TR 6 (Development Control Criteria). The primary issues to be considered here are the appropriateness and compliance with the relevant development plan and the affect the proposal will have on the surrounding area.
7.3 Policy HG 3 seeks to protect the character and amenity of existing and new housing areas. The proposal involves the sub-division of an existing dwelling and the erection of dwelling within an established residential area, therefore, it is considered that the principle of the proposal complies with policy HG 3. 7.4 The proposal requires to be assessed in terms of Policy HG 4, which requires account to be taken of the following criteria: planning policy, overall impact of the proposal on the character and amenity of the area; provision of vehicular access and parking arrangements; and dimensions of the site relative to the proposed development. The area is dominated by residential properties, thus the impact of the proposed development on the character and amenity of the area would be acceptable in principle subject to detailed design and layout considerations. It is considered that the site is of a sufficient size to accommodate both the detached dwelling and the sub-division development, in accordance with the Council’s Open Space Guidelines. An appropriately designed development should not be detrimental to the amenity of the existing and proposed residential properties adjacent to the site in terms of privacy and overshadowing and this can be fully assessed at the application for approval of matters specified in conditions. The scale, design, height and proposed materials can also be assessed at the same time to ensure that any house would be in keeping with the surrounding character of the area and a condition stipulating materials that are in keeping with the area is recommended. Therefore In principle, the proposal is considered to comply with Policy HG 4. Roads requirements are discussed in more detail under Policy TR 6 in the next paragraph.
7.5 Policy TR 6 sets out criteria for the Council to consider when assessing applications for development. These criteria include: the level of traffic generated and its impact on the environment and adjoining land uses; the impact of the development on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. The aim of this policy is to ensure that developments which generate traffic do not detrimentally effect the environment or adjoining land users and this is important in the assessment of this application. Transportation comments regarding visibility requirements have been considered but are felt to be very detrimental to the existing stone wall and boundary vegetation for little benefit. Furthermore, the upgrading of Potassels Road by providing a footway and junction improvements has been requested. Again, this is considered unnecessary; particularly as only two flats will be accessed from this privately owned road which already serves in the region of 20 houses. In addition, recommendations have been made concerning dimensions of the new access onto Potassels Road and parking provisions, conditions to this affect have been recommended. With regard to the detailed layout of the access and parking provision for the site this will be dealt with at the application for approval of matters specified in conditions. The proposal is therefore considered acceptable when assessed with respect to policies TR 6.
7.6 Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, zones the site within Policy HCF 1 A (Residential Amenity). It is considered that the proposed residential development is in keeping with the residential policy zoning for the draft local plan and therefore considered acceptable.
7.7 Consultations: In terms of consultation response received from Protective Services can be addressed by suitable note on the permission. The Transportation comments were addressed in paragraph 7.5 above.
7.8 Appeal: Members will recall that the previous planning application for nine dwellings was refused. The previous scheme was for a more intensive development on the application site and adjacent property. The reporter did not favour this scheme but was not opposed to the principle of residential development on this site. It should also be noted that the reporter was satisfied that the proposed (more intensive) development would not have a significant effect on the local road network and was otherwise acceptable from a roads point of view.
7.8 Representations: Finally, turning to the letter of representation I would comment as follows:
I. It is considered that there will be no direct loss of privacy or overshadowing as all window distances and house orientation, position and height on the indicative are acceptable, however this will be assessed in detail application for approval of matters specified in conditions. There will be a change in outlook, however, this is not of a scale that would provide a justification for refusing the proposal. There would not be a noise increase as a result of the development so significant as to warrant refusal. ii. Transportation have not raised any specific concerns about traffic congestion, access difficulties or pedestrian safety. The proposed houses will have sufficient in-curtilage parking provision within the site and a planning condition to this effect is recommended. V. The proposed detached dwelling should not result in a substantial loss of trees and gardens, of which details will be considered in full at the application for approval of matters specified in conditions stage. In addition, it is considered, that the density, scale and materials of the proposed dwelling can be conditioned to ensure that the resulting development will fit in reasonably with the surrounding area, particularly bearing in mind that a lot of the existing properties are small terraced houses. vi. A condition is recommended that will ensure that the site drainage is acceptable before any development starts.
8. Conclusions
8.1 In conclusion, the proposal is acceptable and in accordance with the criteria stipulated in Policies HG 3, HG 4 and TR 6 of the Northern Corridor Local Plan. The proposed sub-division and new detached dwellina are in keeDina with the character and amenity of this location. Taking account of these matters and also the objections received it is recommended that planning permission be granted. Application No: Proposed Development:
N/09/00962/FUL Construction of 60 Space Car Park Site Address:
Dunrobin Primary School Petersburn Road Petersburn Airdrie North Lanarkshire ML6 8BH
Date Registered:
24th August 2009
Applicant: Agent: North Lanarkshire Council NIA Fleming House 2 Tryst Road Cumbernauld G67 1JW Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 1 Airdrie South No letter(s) of representation received Michael Coyle, Thomas Curley, David Fagan, John Love,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposal complies with Policy EDUCI in the adopted Monklands and District Local Plan, 1991. The location, scale and proposed materials to be used are considered to be acceptable and the proposal will not detract from the residential amenity of the surrounding area. Furthermore, the car park will address current parking problems at this location. Ounrobin Primary School Petersbum Road Airdrie Construction of 60 Space Car Park 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 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:- PEP-09-012/LP-01and PER-09-012/Gen-01.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled ‘Drainage Assessment: A Guide for Scotland’ and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post- development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
4. That the SUDS compliant surface water drainage scheme approved in terms of Condition 3 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.
5. That before the development hereby permitted starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority.
Reason: To ensure the provision of adequate parking facilities within the site.
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: In the interest of the amenity of the site and the general area.
7. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 6 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 interest of the amenity of the site and the general area.
8. 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.
9. That within 4 weeks of completion of all 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. Backuround PaDers:
Representation Letters
None
Consultation Responses:
Memo from Roads Design received 24'h August 2009. Memo from Traffic and Transportation received Memo from Geotechnical received
Contact Information:
Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 616394.
Report Date:
21st September 2009 APPLICATION NO. N1091009621FUL
REPORT
1. Site Description
1.I The application is for the construction of a car park on an area of open space adjacent to Dunrobin Primary School, Petersburn Road, Airdrie.
1.2 The car park is to be located on an area of grassed open space between Petersburn Road and a grass football pitch with the Dunrobin Primary School buildings located to the south-west. The proposed car park will also be located beside green open space to the north-east characterised by trees and vegetation. The proposed car park will be located opposite residential properties at Howletnest Road. The surrounding area is made up of predominantly established residential properties.
2. ProDosed Development
2.1 The purpose of the car park is to reduce the amount of cars utilising the school that currently park on Petersburn Road.
2.2 Phase 1 of the proposal involved the creation of an area of hardstanding on the grassed area. This has already been completed and the application relates to the second phase of the project which will comprise creating dropped kerb entrance and exit points to/from the car park and Petersburn Road, surfacing the car park and marking out 60 individual spaces which are to be used by school staff and parents.
2.3 Separate 6 metre wide entrance and exit points will be provided onto Petersburn Road and access will be taken at both points by means of a dropped kerb. The car park will link to an existing tarmac footpath at the south-west of the site which leads to the school buildings. The area to be hard surfaced measure approximately 1500 square metres in area and a length of approximately 90 metres. A temporary top soil lay down area has been provided at the north-east section of the site measuring approximately 400 square metres in area for the storage of top soil which has been removed from the grassed area where the completed car park will be situated. Some of the soil will be used in future landscaping around the car park and the remainder will be removed from the site upon the completion of the car park.
2.4 The proposal will benefit from private drainage arrangements. The site provides adequate space for the implementation of a SUDS drainage scheme. Further information detailing the drainage arrangements must be provided by the applicant and this will be covered by condition. In addition the applicant must provide specific details of the materials to be used in the surfacing of the car park and this will also be covered by condition.
3. Site Historv
3.1 There is no relevant planning history.
4. Development 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 Monklands District Local Plan, 1991, the site lies within an area covered by Policy EDUCI (Protect and Improve Schools) where developments that improve or maintain school facilities will be encouraged.
4.3 The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan. The site is covered by Policy HCFl E3 (Protecting Residential Areas and Community Facilities) in the Draft Plan. This indicates that the application site is a community resource and development should not impact negatively on this.
5. Representations
5.1 There have been no letters of representation received from members of the public or others.
6. Planning Assessment
6.1 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.
6.2 AdoDted Local Plan: In the Monklands District Local Plan, 1991, the site lies within the grounds of a school and is covered by Policy EDUCI (Protect and Improve Schools). It is considered that the proposal is not contrary to this policy and will provide adequate parking provision for staff and visitors to the school.
6.3 Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration and has a similar policy to the adopted local plan with the application site being identified as an important community resource. The proposal complies with this policy.
6.4 Material Considerations: It is considered that the proposed development will improve parking provision at the school and will provide an adequate capacity to meet demands. The car park will reduce the occurrence of on-street parking on Petersburn Road. Therefore it is considered that the proposal will reduce congestion caused by on-street parking and provide 7. Conclusions 7.1 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. The potential impact of the proposal on neighbouring properties is considered to be acceptable. It is considered that the proposal will contribute to the welcomed improvement to a local community facility. It is recommended that planning permission be granted subject to conditions. Application No: Proposed Development: S/08/01115/FUL Construction of Two Semi Detached Dwellinghouses Site Address: Land East Of 2721274 Bonkle Road Newmains ML2 9QQ Date Registered: 28th July 2008 Applicant: Agent: Ms Elizabeth Baister Anderson Bell + Christie Architects 10 Lower Road 382 Great Western Road Middlesex Glasgow UB9 5EA G4 9HT Application Level: Contrary to Development Plan: Local No Ward: Representations: 01 2 Fortissat: Councillors Charles Cefferty, Three letters of representation received. Malcolrn McMillan and Jim Robertson. Recommendation: Approve Subject to Conditions Reasoned Justification: With regard to the development plan and other material considerations, it is considered that the proposed dwellings will not significantly impact on the amenity of the area and would conform with policies HSG 7, HSG 10, ENV 5, ENV 10 and TR 13 of the Southern Area Local Plan (2008) and the Finalised Draft North Lanarkshire Local Plan. 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 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:- SK (0) 003 C, SK (0) 01 1 A, SK (0) 002 D and SK (0) 001 D. Reason: To clarify the drawings on which this approval of permission is founded 3. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: To enable the Planning Authority to consider these aspects in detail. 4. That prior to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000. Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection. 5. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of those trees to be retained, as shown on the approved plans and tree survey, and shall not be removed without the approval in writing of the Planning Authority. Reason: To protect the existing tree cover. 6. That no trees within the application site other than those identified in Tree Survey dated September 2008 shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the prior approval in writing of the Planning Authority . Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents. 7. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents. 8. That any remediation works identified by the site investigation required in terms of Condition 7 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the approved Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 9. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt, the proposed boundary walls located to the front of the dwellings (highlighted in orange) are specifically not approved. Reason: To enable the Planning Authority to consider these aspects in detail 10. That before any of the dwellinghouses hereby permitted are occupied, all fences, or walls, as approved under the terms of condition 9 above, shall be erected. Reason: To safeguard the residential amenity of the area. 11. That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for the parking and manoeuvring of six cars and the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 12. That BEFORE the development hereby permitted is occupied all the dropped kerb, parking and manoeuvring areas as approved under the terms of condition (1 1) 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 and manoeuvring areas. Reason: To ensure the provision of adequate access and parking facilities to serve the site. 13. That should 6 months or more elapse between the timing of the initial ecological survey dated August 2009 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats, and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992. 14. That notwithstanding the requirements of condition (13) above, before any development commences on site a further report confirming the presence or not of bats within the application site shall be submitted to and approved in writing by the Planning Authority. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992. 15. 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 monitor the development, to enable the Planning Authority to retain effective contro I. 16. 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 monitor the development, to enable the Planning Authority to retain effective control. Backqround PaDers: Representation Letters Letter from Mr & Mrs A Brown, 276 Bonkle Road , Newmains , Wishaw, ML2 9QQ received 8th August 2008. Letter from J Logan, 297 Bonkle Road, Bonkle, Newmains, Wishaw, ML2 9QQ received 7th August 2008. Letter from L Williamson, 1 Meadowfield PI, Bonkle, Newmains, North Lanarkshire, ML2 9QH received 8th August 2008. Consultation Responses: Letter from Scottish Water received 8'h August 2008 Memo from Transportation received 7th July 2009 Memo from Protective Services received 22ndAugust 2008 Memo from Land Services received 1'' September 2008 Memo from Greenspace Services received 16th September 2009 Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 616473 Report Date: 30th September 2009 APPLICATION NO. S/08/01115/FUL REPORT 1. Site Description 1.1 The application site is an area of land measuring 0.15 Hectares lying on the south side of Bonkle Road. The site comprises of a number of mature trees and vegetation and there is a difference in levels throughout the site as a result of the mature vegetation. Residential dwellings of a mix in style and age bound the site to the west, east and south with Bonkle Road running to the northwest. 2. Proposed Development 2.1 Detailed planning permission is sought for the construction of two semi detached dwellinghouses. Property A would consist of a two storey, three bedroom dwelling measuring 7 metres high, 12.4 metres in length and 6.2 metres wide. Property 6 would also be two storey but slightly smaller two bedroom dwelling measuring 7 metres high, 11 metres long and 6.2 metres wide. Access to the dwellings will be taken from Bonkle Road via a private shared access. The applicant proposes to construct both dwellings using modern and innovative materials and design. 3. Applicant’s Sumortinn Information 3.1 The applicant has provided a design statement, tree survey and ecological survey. 4. Site History 4.1 There is no relevant site history for the proposed application. 5. Development Plan 5.1 In terms of the Southern Area Local Plan (2008) the site is covered by policy HSG 7 (Established Housing Areas). 5.2 The site is also zoned as HCF 1 (Protecting Residential Areas and Community Facilities) in the Finalised Draft North Lanarkshire Local Plan (FDNLLP). 5.3 The application raises no strategic issues, it can be assessed in terms of the local plan policy. 6. Consultations 6.1 Scottish Power Networks and Landscaping have no objections to the proposed residential development. 6.2 A summary of comments from the remaining consultees are as follows: I. Scottish Water has no objections to the development. They stated that the sewer network assets have adequate capacity to accommodate this development and their general preference is for a SUDS based surface water drainage scheme. I!. Transportation has objected on the grounds that the introduction of retaining structures throughout the site will affect the public carriageway and lack of turning facilities discrete to each plot. iii. Protective Services advised that a site investigation should be carried out to determine the existence of any contaminants. iv. Land Services (Landscaping Section) has made no comments in relation to this proposal. v. Land Services (Arboriculturist) have commented that there are a number of trees located within the site however these are in a poor condition and would be best removed. vi. Greenspace Services (Ecology Section) have commented that the Ecological Survey is acceptable. They have no objection subject to conditions including that a bat emergence survey be carried out. 7. Remesentations 7.1 Following the standard neighbour notification process and newspaper advertisement, three letters of representation has been received. The main points of which are as follows: I. The removal of the mature trees within the site will affect the existing natural drainage system as the trees absorb a high amount of water and there is already an existing flooding problem at this particular part of Bonkle Road. II. The proposal constitutes overdevelopment of the site and the design of the proposed dwellings is out of character with the surrounding area. iii. The site is served by a narrow access and this may result in parking issues and in turn exacerbate existing parking problems on Bonkle Road. iv. The proposed dwellings will result in a lack of privacy at surrounding properties. V. There are overhead power cables running throughout the site and any development will cause severe disruption to local residents. vi. The mature trees within the site are in close proximity to the boundary with No. 276 Bonkle Road and any proposed works may destabilise these trees affecting the boundary wall with the application site. The proposed works would be in breach of BS 5837: 1991 in relation to the protection of trees. vii. The proposed development will result in a loss of the last remaining area of mature woodland left in the village. a. Planninn 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. This application is not of strategic significance and therefore only requires to be assessed against the Southern Area Local Plan 2008. 8.2 The site is zoned as HSG 7 (Established Housing Areas). Policies HSG 10 (Infill Housing Development), ENV 10 (Trees & Woodland Management), ENV 5 (Assessment of Environmental Impact) and TR 13 (Assessing the Transport Implications of Development) are also relevant. Policy HSG 7 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. In land use terms, residential development on the site would be acceptable in principle, subject to the detailed assessment of the proposals. Policy HSG 10 require account to be taken of various criteria including: overall impact of the proposal on the character and amenity of the area; provision of vehicular access and parking arrangements; effect of infill on garden space, privacy and sunlight received by surrounding properties; and dimensions of the site relative to the proposed development. The proposed dwellings are considered to be in keeping with the established residential nature of the area. The proposal will result in a loss of trees within the application site, however these tree are in a poor condition (as discussed in detail in paragraph 8.6 and 8.7) and located well within the site in that the trees to be retained are located along the boundary with Bonkle Road, thus reducing the impact on the street scene. The proposed two dwellings at Bonkle Road can achieve a suitable and interesting frontage due to proposed stepped building line of the front elevation of the dwellings. Overall the existing building line at Bonkle Road will be maintained. While the design is innovative, the applicant has provided justification within a design statement. There are a mix of styles of dwellings in terms of design, height, scale and finish in the area in which the proposed staggered pair of semi-detached dwelling is considered to compliment this blend while respecting the building line, height and massing of the dwellings within the area. Both dwellings exceeds the Councils ‘Developers Guide to Open Space’ with front garden of at least 8 metres, rear gardens a minimum of 17 metres with a side garden width of 3 metres. A minimum of 18-metre window to window distance is required between the proposed and existing dwellings in order to protect the amenity of the neighbouring residents. In this case, the proposed dwellings meet the required 18 metre distance. The plots would have no issues with regard to Sunlight and Daylight due to the distance from the neighbouring dwellings. Therefore the proposal is considered to comply with Policy HSG 10. Roads requirements are discussed in more detail under Policy TR13. Policy TR 13 sets out criteria relating to matters including the level of traffic generated and its impact on the environment and adjoining land uses, impact of the development on road traffic circulation and road safety and provisions made for access, parking and vehicle manoeuvring. As indicated in paragraph 3.3 Transportation have concerns relating to possible retaining walls located at the frontage of the dwellings. There are no retaining walls proposed to the frontage. The proposed walls are purely aesthetic to provide some separation between the parking areas of the two plots. However, conditions are recommended requiring full details of parking, turning area and boundary treatment and to be submitted for approval to ensure that there are adequate parking, access and turning areas. Therefore, it is considered that the proposal would comply with the criteria set out in Policy TR 13. 8.6 Policy ENV 5 of the Southern Area Local Plan is relevant to this proposal. This policy requires assessment of the likely impact on the environment by considering, amongst other things: the suitability of the proposal to the character of the area in which it is set, the landscape and visual impact of the proposal, loss of natural habitats, protected species and areas designated for their natural heritage value and loss of urban space. The application site comprises of mature woodland and vegetation and in order to facilitate this proposal there would be significant tree loss. A full tree survey was submitted by the application. This established the condition of the trees and demonstrated the trees to be retained and removed. The tree survey and the Arboriculturist agreed that the trees to be removed were in a poor condition. The majority of the trees to be removed are located within the site and as discussed in paragraph 8.4, the trees in good condition that are to be retained are located along the northern boundary (Bonkle Road) thus reducing the impact of the development on the street scene. The applicant has also submitted a Protected Species Survey; this concluded that no protected species are present at the site but the mature trees offer good opportunities for roosting bats with rot holes and cavities in evidence on several of the trees within the site. Conditions are recommended that prior the commencement of works should the date of the current ecological survey exceed six months then an updated survey shall be undertaken as well as a bat survey. Therefore, the proposal complies with the criteria contained in Policy ENV 5. 8.7 Policy ENV 10 seeks to protect and enhance the tree and woodland resource by resisting development proposals which would adversely affect woodland areas, promoting planting of sustainable woodland at appropriate locations, encouraging the sustainable management of woodlands within a Woodland Management Plan, and declaring Tree Preservation Orders where appropriate. There is currently a Tree Preservation Order in place which protects all trees within the application site. A number of mature trees would require to be removed in order to construct a dwelling at this particular location. As discussed above (paragraph 8.6), the applicant has submitted a tree survey which demonstrated that the trees to be removed are in poor condition and this was accepted by the Arboriculturist. The trees to be retained will be protected by conditions. The proposal is, therefore, in accordance with Policy ENV 10. 8.8 A material consideration is the Finalised Draft North Lanarkshire Local Plan, this zones the site within Policy HCF 1 (Protecting Residential Areas and Community Facilities), It is considered that the proposed two semi-detached dwellings are in keeping with the residential policy zoning for the draft local plan and therefore considered acceptable. 8.9 In terms of consultation response received from Scottish Water, conditions are recommended to cover the SUDS issues raised and connection to Scottish Water infrastructure. The Transportation comments were addressed in paragraph 8.5 above. The comments by Protective Services can be addressed by suitable planning conditions. 8.10 Finally, turning to the letters of representation I would comment as follows: i. Any impact that removal of trees may have on drainage in not a material planning consideration. Scottish Water have no objections to the proposal subject to a SUDS scheme and a condition is recommended to suitably address this issue. ii. As discussed in detail in paragraphs 8.3 and 8.4 above, the proposed dwellings meet the Council’s ‘Developer’s Guide to Open Space’ and the site layout is considered to be acceptable in terms of Policies HSG 7 and HSG 10. iii. As discussed in paragraph 8.5 above, Transportation have not raised parking as an issue, therefore the proposed dwellings comply with Policy TR 13. iv. As discussed in detail in paragraph 8.4 above, a minimum of 18-metre window to window distance exists between the proposed and existing dwellings. V. Any diversion or re-routing of existing power apparatus which runs through the site is the responsibility of the applicant and an advisory note can be added to the decision notice should planning permission be granted. vi. Any damage that may result to the boundary wall as a result of tree removal would be a civil matter between the parties and is not a material planning consideration. vii. As discussed in detail in paragraphs 8.6 and 8.7 above, the trees that will be lost are .in a poor condition as well as located well within the application; therefore the impact will not be significant. 9 Conclusions 9.1 In conclusion, the proposal is acceptable and in accordance with the criteria stipulated in Policies HSG 7, HSG 10, ENV 5, ENV 10 and TR13 in the Southern Area Local Plan. The applicant has provided the necessary information relating to protected species and tree loss, and the development is acceptable in terms of its impact on the character and amenity of this location. Taking account of these matters and also the objections received it is recommended that planning permission be granted. Application No: Proposed Development: S/09/00627/FUL Erection of 27 Terraced and Semi-Detached Dwellinghouses Site Address: Land At New Craig Road Motherwell North Lanarkshire Date Registered: 3rd June 2009 Applicant: Agent: David Wilson Homes NIA Mr Stuart King 7 Buchanan Gate Cumbernauld Road Stepps Glasgow G33 6FB Application Level: Contrary to Development Plan: Local No Ward: Representations: 18 Motherwell South East And 2 letter(s) of representation received. Ravenscraig Councillors Kaye Harmon, Thomas Lunny, Linsey McKay and Alan Valentine, Recommendation: Approve Subject to Conditions Reasoned Justification: There are no strategic issues and the proposal is considered to comply with the terms of the relevant local plan policies. The principle of residential development on the site has already been established by the granting of outline planning consent. The Health and Safety Executive’s objection can be resolved by the imposition of relevant planning conditions. The development will enhance and not detract from the overall design concept of this phase of residential development in terms of design, layout, access, parking, and landscaping whilst providing affordable housing that will make a positive contribution to the continuing regeneration of the Ravenscraig site. Produced by PLANNING APPLICATION No. S I09 / 00627 / FUL Nonh Lanarkshire Coundl Planning and Environrnenl Dept Erection of 27 Terraced and Semi-Detached Dweilinghouses Rnming House. 2 Tryst Road Curnhemadd, Land At New Craig Road, Motherwell 067 IJW * Representation IcI 01236 616210 fax 01236 616232 I 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 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 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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- BWS-CVHA-1 Rev.A SH31 BE-WD2 A (NO. 1-5) SH41BE-4 (NO. 1-4) 232/233-W02 B (NO.1-7) P332-4 (NO. 1-4) Reason: To clarify the drawings on which this approval of permission is founded. 5. That a hydrogeological report which includes the revision of the Con Sim and P20 models shall be submitted to and approved in writing by the Planning Authority, prior to the commencement of works at the site. Reason: These details require to be submitted 6. That prior to the commencement of any works on site, unless otherwise agreed in writing by the Planning Authority, details of the proposed drainage scheme for the residential development which provides the design calculations for the proposed flows to the overall drainage system along with the location of the drainage pipes, sizes, diameter, the points of connection to the SUDS ponds, overland flow routes and finished ground and floor levels, shall be submitted to and approved by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details for the site. Reason: These details require to be submitted. 7. That the SUDS compliant drainage scheme approved in terms of condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage work) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity. 8. That prior to the commencement of works on site, unless otherwise agreed in writing by the Planning Authority, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details. Reason: To ensure that the materials and location of the boundary treatment are appropriate for the site and general area. 9. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the maintenance of these works. 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 no later than the occupation of the last unit within this application site and any trees, shrubs or areas of grass which die, are removed, or become diseased, within two years of the occupation of the last unit, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of amenity. 11. That prior to the occupation of the last two residential units within the wider ‘Carfin North’ site (Planning Consent S/07/01188/REM, erection of 252 dwellinghouses/flats) which the current application site forms part of, the management and maintenance scheme approved under the terms of condition 9 shall be in operation. Reason: To ensure the long term maintenance of the site, in the interests of amenity. 12. That before the start of the development hereby permitted, unless otherwise agreed in writing by the Planning Authority, a detailed noise and vibration report which builds on the initial assessment prepared by A.E. Watson (April 2006), taking account of rail noise and vibration from the adjacent rail line, industrial noise and road traffic noise, under the requirements of PAN 56, shall be submitted for the approval of the Planning Authority and no unit shall be occupied until such times as any remedial works, mitigation measures or revisions to the layout as identified in the report as being necessary to alleviate noise and/or vibration have been approved by the Planning Authority. Reason: In the interests of amenity of the residents of the proposed development. 13. That the mitigatory measure as recommended in the URS Report ‘Ravenscraig Development Re-calculation of Risks Associated with LOX and H2 Storage at BOC Carfin (24 August 2005) and the addendum report of the (21 December 2007), should be implemented to the satisfaction of the Planning Authority, prior to the occupation of the residential units hereby approved. Reason: To ensure that safety standards are met. 14. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a Construction Management Strategy shall be submitted to and approved in writing by the Planning Authority. The plan shall include measures to reduce the impact on the local ecology, measures to suppress noise, vibration and dust, measures to safeguard against pollution and measures to safeguard against mud on the road. Reason: In the interests of public health, safety and wellbeing, nature conservation and road safety. 15. That further details regarding the treatment, layout, materials and design of the parking courts require to be submitted to and approved in writing by the Planning Authority, prior to the commencement of works relating to that part of the development. Thereafter the development shall proceed in accordance with the approved details. Reason: These details require to be approved in the interests of the amenity of the site. 16. That prior to the commencement of any works on site, details shall be submitted for and approved in writing by the Planning Authority of the access routes for all construction traffic. Reason: In the interests of the residential amenity. 17. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, bin store details and the locations of the bin stores shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of visual amenity of the site. 18. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, full details of all of the external finishing materials shall be submitted to and approved in writing by the Planning Authority. Thereafter only the approved materials shall be used to implement the permission. Reason: In the interests of amenity by ensuring that the external materials are appropriate for the site and general area. Backnround PaDers: Representation Letters Letter from Mr O'Rourke, Redstones, Craigneuk Road, Carfin, Motherwell, MLI 4XB, received 30th June 2009. Letter from Mary Kay, The Bungalow, Craigneuk Road, Carfin, MLI 4XB received 28th July 2009. Consultation Responses: Health and Safety Executive letter dated 8 June 2009. SP Energy Networks letter dated 26 June 2009. Contact Information: Any person wishing to inspect these documents should contact Mary Hogg at 01698 274239 Report Date: 30th September 2009 APPLICATION NO. S1091006271FUL REPORT 1. Site Description 1.I This application seeks approval for the construction of 27 residential units, with associated roads, footways and landscaping at the north eastern corner of Ravenscraig. 1.2 The application site extends to around 0.7 hectares and consists of two parcels of land separated by a gas pipeline wayleave. 1.3 The site to the north is bounded by Craigneuk Road to the west, and beyond a dwellinghouse and Carfin Parish Church. To the east is undeveloped land within Ravenscraig and to the south the gas pipeline wayleave. To the north are Chapelknowe Road and Cleland Road. 1.4 The second area lies south of the gas pipeline wayleave and is bounded to the east by undeveloped land within Ravenscraig and to the south and west by land which has planning consent for residential development of 252 dwellinghouses/flatted dwellinghouses with associated infrastructure and services (S/07/00188/REM, granted March 2007). 1.5 This 'Affordable Housing' element was conditioned as part of the original outline planning consent (S/O1/00758/OUT, Condition 48) to provide 10% affordable housing within Ravenscraig residential areas to provide a range and mix of tenure and it was agreed that this location would be for the affordable/social residential units. 2. ProDosed Development 2.1 The site to the north will accommodate seventeen units comprising of a main 'crescent' shaped two storey terraced building of three, four bedroom dwellinghouses with two bedroom cottage flats either side and associated parking to the rear. One block of four, two bedroom flats will be located at the top east corner of the site with associated parking. Both blocks will be accessed from the general access road through the residential area. This road will end in a roundal with the two blocks sitting either side of the roundal. The frontage of the houses will be onto Cleland Road and Chapelknowe Road. The remaining two units will be located south of the smaller block of flats and comprise of two, semi-detached three bedroom dwellinghouses with their own individual design and not a typical mirror image semi-detached dwellinghouse. These dwelling houses will be accessed from the local access road and parking is provided within the curtilage of the houses. 2.2 The site to the south provides ten residential units comprising of three terraced blocks of three and four bedroom dwellinghouses with car parking provided in the front gardens for middle terraced and driveways for end terraced dwellinghouses. The ridge height of two of the terraced blocks and the front building lines are varied to add interest to the streetscene and break up any uniformity the terraced blocks may create along this section of road. 3 Site Historv The principle of a strategic mixed use development on the Ravenscraig site, including the area of land the subject of this planning application, was established in the granting of outline planning consent, S/01/00758/OUT, on 11 March 2005. 3.2 The site was reprofiled and prepared for residential development and associated infrastructure under planning consents S/06/00684/FUL and S/06/00685/REM granted 2 August 2006. 3.3 As part of planning consent S/07/00188/REM granted in March 2007 for 252 dwellinghouses/flatted dwellinghouses with associated infrastructure, it was agreed (condition 18) that this site would be for the provision of affordable/social housing and be the subject of a separate planning application. 3.4 A planning application has been submitted for consideration to amend the above reserved matters planning application in terms of amended housetypes and the addition of 14 dwellinghouses, S/09/00641/AMD. 4. Development Plan 4.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 (incorporating the third alteration 2006) and can therefore be assessed in terms of local plan policies. 4.2 In the Southern Area Local Plan 2008 the application site is identified as being a part of the Ravenscraig Regeneration area. A number of policies are applicable to the development of the site, such as, Policy ENV 3 (Vacant and Derelict Land), Policy ENV 5 (Assessment of environmental Impact), Policy IND 6 (Ravenscraig Regeneration), Policy HSG 10 (Assessing Application for Housing Development) and Policy TR 13 (Assessing Transport Implication of the Development). 4.3 In the Finalised Draft North Lanarkshire Local Plan 2008 the application site is covered by Policies DSAP 2 Development Strategy Area Priority and HCF2 AI Sites for (Short-term) Housing Development. 5. Consultations A summary of comments from the consultees are as follows: The Health and Safety Executive advise against the granting of the planning permission based on the proximity of the residential units and the risk posed by the BOC plant. SP Energy Networks object on the grounds that its underground cables are within the vicinity of the development and there is no indication if their apparatus will be affected by the proposal. Traffic and Transportation: Has no objections subject to alterations to traffic calming measures, visitor car parking and driveway specifications. 6. Representation 6.1 Following the standard neighbour notification process two letters of representation have been received from neighbouring residents. 6.2 Points of objection cover: Vehicular access from Craigneuk Road; Pedestrian safety; Security of neighbouring residential properties; The potential for anti social behaviour; and Route of construction traffic 7. Planning Assessment 7.1 Section 25 of the Planning etc (Scotland) Act 2006, requires that the determination of planning applications must be made in accordance with the development plan unless material considerations indicate otherwise. 7.2 There are no significant strategic planning issues to address therefore the proposal requires to be assessed under the terms of the relevant local plan policies. The proposed development accords with these policies in that this proposal is bringing an area of vacant and derelict land, within a priority regeneration area, into use for residential purposes. Consultation Responses 7.3 The Health and Safety Executive objection is based on the probability of an accident, such as a fire, occurring at the BOC plant which would put a small number Of residents living near to the plant at risk. Although the risk is small it is sufficient reason on safety grounds for HSE to advise against the proposal. 7.4 Ravenscraig Ltd previously commissioned a detailed, site specific, quantitative risk assessment based on a series of simulations. This concluded that the consultation zones could be redrawn around the site resulting in the reversal of the advice of not granting planning permission. This was further updated taking into account worse case scenario based on the regulated quantity of hazardous substances allowed at the BOC site which is 10 times greater than that which is currently handled at the site. This was to negate the effects of uncertainties in the modelling of the risk. 7.5 The report recommended an earth bund be formed on the eastern edge of the Ravenscraig site running parallel to the existing railway embankment this bund would form a part of the development of the site which would effectively eliminate the risks from potential major accidents at the BOC plant therefore the proposed residential units and future residents should not be at risk. A planning condition was attached to planning consent S/07/01188/REM (252 dwellinghouses flatted dwellings, with associated infrastructure and services, granted on 5 June 2008) for the implementation of the earth bund. It is the intention to apply the same condition to this proposal. 7. 6 SP Energy Networks objection in relation to possible damage to its apparatus is noted. Before any works are undertaken and as a matter of course, for any development, service information is obtained to ensure as much as possible that services within the vicinity are not damaged. 7.7 Traffic and Transportation's comments have resulted in alterations being made to the road layout and the traffic calming measures to provide additional visitor's car parking. Representations 7.8 The original proposal was to provide vehicular access to the larger 'crescent' shaped block of dwellinghouses and flats from Craigneuk Road. After concerns had been raised by local residents the applicant agreed to amend the proposal; all dwellinghouses will now be accessed from the local access road alleviating any concerns for pedestrian safety from increased traffic flows along Craigneuk Road. 7.9 The parking courts have an open aspect and can be viewed from the dwellinghouses and flats within the development ensuring a safe and secure environment for future and neighbouring residents and their properties. The footpath leading from the development out to Craigneuk Road is adjacent to the car park and rear gardens of the flats and does not create a lane or any type of area that would encourage anti social behaviour. 7.10 The applicant has confirmed in writing that all site traffic will enter and exit from the general access road within the site and not from Craigneuk Road. Conclusion 7.11 There are no strategic issues and the proposal is considered to comply with the terms of the relevant local plan policies. The principle of residential development on the site has already been established by the granting of outline planning consent. The Health and Safety Executive’s objection can be resolved by the imposition of relevant planning conditions. The development will enhance and not detract from the overall design concept of this phase of development in terms of design, layout, access, parking, and landscaping whilst providing affordable housing that will make a positive contribution to the continuing regeneration of the Ravenscraig site. 7.12 Having considered the Development Plan, the concerns of the objectors, consultees and all material planning considerations this proposal is acceptable from a planning point of view. Therefore, it is recommended that planning permission be granted. 7.13 If the Committee is minded to grant planning permission because of the objection from the Health and Safety Executive the Scottish Ministers are required to be notified under the terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2007. Application No: Proposed Development: S/09/00641/AMD Amendment to Planning Consent S/07/01188/REM Incorporating Amended Housetypes and Additional 14 Dwellinghouses Site Address: Phase 1 New Craig Road Motherwell North Lanarkshire Date Registered: 3rd June 2009 Applicant: Agent: David Wilson Homes NIA Mr Stuart King Buchanan Gate Cumbernauld Road Stepps G33 6FB Application Level: Contrary to Development Plan: Local No Ward: Representations: 018 Motherwell South East And No letter(s) of representation received. Ravenscraig Councillors Kaye Harmon, Thomas Lunny, Linsey McKay and Alan Valentine Recommendation: Approve Subject to Conditions Reasoned Justification: There are no strategic issues and the proposal is considered to comply with the terms of the relevant local plan policies. The principle of residential development on the site has already been established by the granting of outline planning consent and reserved matters consent. The Health and Safety Executive’s objection can be resolved by the imposition of relevant planning conditions. The development will enhance and not detract from the overall design concept of this phase of development within Ravenscraig in terms of design, layout, access, parking, and landscaping whilst providing a mix of tenure housing that will make a positive contribution to the continuing regeneration of the Ravenscraig site. min r--, PLANNING APPLICATION No S / 09 / 00641 / AMD 'oduced by ,Ilh Lanarkshire Council anning and Environment Dept. Amendment to Planning Consent 5/07/01 188/REM erning Housa. IncorporatingAmended Housetypes and Additional 16 TrpJ Road Dwellinghouses imbeniaeid. 67 1JW Phase 1. Cratg Road, Motherwell 101236616210 Site area = 2 75 ha x 01236616232 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 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 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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: BWS-Sc-04-1 Rev C SH21BE - 4 (NO. 1-4) SH31BE-WD2 A (NO. 1-4) 234-WD2 Rev A (No. 1-6) 360-WD2 B (NO. 1-7) T373-E-4 (NO. 1-5) 382-WD2 (NO. 1-7) 433-WD2 Rev D (No. 1-7). Reason: To clarify the drawings on which this approval of permission is founded. 5. That a hydrogeological report which includes the revision of the Con Sim and P20 models shall be submitted to and approved in writing by the Planning Authority, prior to the commencement of works at the site. Reason: These details require to be submitted. 6. That prior to the commencement of any works on site, unless otherwise agreed in writing by the Planning Authority, details of the proposed drainage scheme for the residential development which provides the design calculations for the proposed flows to the overall drainage system along with the location of the drainage pipes, sizes, diameter, the points of connection to the SUDS ponds, overland flow routes and finished ground and floor levels, shall be submitted to and approved by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details for the site. Reason: These details require to be submitted. 7. That the SUDS compliant drainage scheme approved in terms of condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage work) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans. Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity. 8. That prior to the commencement of works on site, unless otherwise agreed in writing by the Planning Authority, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. Thereafter the development shall proceed in accordance with the approved details. Reason: To ensure that the materials and location of the boundary treatment are appropriate for the site and general area. 9. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the maintenance of these works. 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 no later than the occupation of the last unit within this application site and any trees, shrubs or areas of grass which die, are removed, or become diseased, within two years of the occupation of the last unit, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of amenity. 1I. That prior to the occupation of the last two residential units herby permitted, the management and maintenance scheme approved under the terms of condition 9 shall be in operation. Reason: To ensure the long term maintenance of the site, in the interests of amenity. 12. That before the start of the development hereby permitted, unless otherwise agreed in writing by the Planning Authority, a detailed noise and vibration report which builds on the initial assessment prepared by A.E. Watson (April 2006), taking account of rail noise and vibration from the adjacent rail line, industrial noise and road traffic noise, under the requirements of PAN 56, shall be submitted for the approval of the Planning Authority and no unit shall be occupied until such times as any remedial works, mitigation measures or revisions to the layout as identified in the report as being necessary to alleviate noise andlor vibration have been approved by the Planning Authority. Reason: In the interests of amenity of the residents of the proposed development. 13. That the mitigatory measure as recommended in the URS Report ‘Ravenscraig Development Re-calculation of Risks Associated with LOX and H2 Storage at BOC Carfin (24 August 2005) and the addendum report of the (21 December 2007), should be implemented to the satisfaction of the Planning Authority, prior to the occupation of the residential units hereby approved. Reason: To ensure that safety standards are met. 14. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a Construction Management Strategy shall be submitted to and approved in writing by the Planning Authority. The plan shall include measures to reduce the impact on the local ecology, measures to suppress noise, vibration and dust, measures to safeguard against pollution and measures to safeguard against mud on the road. Reason: In the interests of public health, safety and wellbeing, nature conservation and road safety. 15. That further details regarding the treatment, layout, materials and design of the Carfin Urban Square, the outdoor room areas and the rear parking courts requires to be submitted to and approved in writing by the Planning Authority, prior to the commencement of works relating to that part of the development. Thereafter the development shall proceed in accordance with the approved details. Reason: These details require to be approved in the interests of the amenity of the site. 16. That prior to the commencement of any works on site, details shall be submitted for and approved in writing by the Planning Authority of the access routes for all construction traffic. Reason: In the interests of the residential amenity. 17. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, bin store details and the locations of the bin stores shall be submitted to and approved in writing by the Planning Authority. Reason: In the interests of visual amenity of the site. 18. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, details of the roof section over the pends and the detached garages within the site shall be submitted to and approved in writing by the Planning Authority. Thereafter only the approved details shall be erected in the development of the site. Reason: In the interests of visual amenity of the site. 19. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, a plan detailing finished floor levels on the site along with sections through the site which show the relationship between the Carfin Local Distributor Road and the residential units which front onto to roads 2B (in accordance with drawing no. SC-04-XXD) shall be submitted to and approved in writing by the Planning Authority. Reason: These details require to be submitted. 20. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, full details of all of the external finishing materials shall be submitted to and approved in writing by the Planning Authority. Thereafter only the approved materials shall be used to implement the permission. Reason: In the interests of amenity by ensuring that the external materials are appropriate for the site and general area. Backnround Papers: Consultation Responses: Health and Safety Executive letter received 18 June 2009. Traffic and Transportation letter received 23 June 2009. Contact Information: Any person wishing to inspect these documents should contact Mary Hogg at 01698 274239 Report Date: 30th September 2009 APPLICATION NO. S/09/00641/AMD REPORT 1. Site Description 1.1 This application seeks planning consent to amend details of planning consent S/07/01188/REM granted on the 4 June 2008. 1.2 The Reserved Matters consent relates to a residential development comprising 252 units; with a mix of house types ranging from 2 - 5 bedroom detached, semi- detached, terraced, townhouses and cottage flats within varying plot sizes and associated residential infrastructure. Included within the development is a feature urban square. Access to the site is taken from the existing roundabout off the Ravenscraig spine road. 1.3 The area planning brief (APB 1) for this section of the Ravenscraig site, along with the overall Ravenscraig Masterplan provides a framework to guide design and layout. 2. Proposed DeveloDment 2.1 The proposal is to replace a number of detached dwellinghouses within the site to semi-detached and terraced properties resulting in an additional fourteen residential units and additional visitor car parking. 3. Site Historv 3.1 The principle of a strategic mixed use development on the Ravenscraig site, including the area of land the subject of this planning application, was established in the granting of outline planning consent, S/O1/00758/OUT, on 11 March 2005. 3.2 The site was reprofiled and prepared for residential development and associated infrastructure under planning consents S/06/00684/FUL and S/06/00685/REM granted 2 August 2006. 3.3 A planning application has been submitted for consideration for the erection of 27 terraced and semi-detached dwellinghouses conditioned under planning consent S/07/00188/REM(condition 18). The site is included within the reserved matters application site area but out with the areas of change the subject of this application. 4. Development Plan 4.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 (incorporating the third alteration 2006) and can therefore be assessed in terms of local plan policies. 4.2 In the Southern Area Local Plan 2008 the application site is identified as being a part of the Ravenscraig Regeneration area. A number of policies are applicable to the development of the site, such as, Policy ENV 3 (Vacant and Derelict Land), Policy ENV 5 (Assessment of environmental Impact), Policy IND 6 (Ravenscraig Regeneration), Policy HSG 10 (Assessing Application for Housing Development) and Policy TR 13 (Assessing Transport Implication of the Development). 4.3 In the North Lanarkshire Finalised Draft Local Plan 2008 the application site is covered by Policies DSAP 2 Development Strategy Area Priority and HCF2 A1 Sites for (Short-term) Housing Development. 5. Consultations A summary of comments from the consultees are as follows: The Health and Safety Executive advise against the granting of the planning permission based on the proximity of the residential units and the risk posed by the BOC plant. Traffic and Transportation has no objections subject to alterations to traffic calming measures, visitor car parking and driveway specifications. 6. Representation 6.1 Following the standard neighbour notification no letters of representation have been received from neighbours. 7. Plannina Assessment 7.1 Section 25 of the Planning etc (Scotland) Act 2006, requires that the determination of planning applications must be made in accordance with the development plan unless material considerations indicate otherwise. There are no significant strategic planning issues to address therefore the proposals require to be assessed under terms of the relevant local plan policies. 7.2 The proposed development accords with the relevant policies in that the proposal is bringing an area of vacant and derelict land, within a priority regeneration area, into use for residential purposes. This application is an amendment to planning consent S/07/01188/REM therefore the principle of residential development on this site has been established and the details of the proposal are all that require to be assessed. Consultation Responses 7.3 The Health and Safety Executive objection is based on the probability of an accident, such as a fire, occurring at the BOC plant which would put a small number of residents living near to the plant at risk. Although the risk is small it is sufficient reason on safety grounds for HSE to advise against the proposal. 7.4 Ravenscraig Ltd previously commissioned a detailed, site specific, quantitative risk assessment based on a series of simulations this concluded that the consultation zones could be redrawn around the site resulting in the reversal of the advice of not granting planning permission. This has been further updated taking into account worse case scenario based on the regulated quantity of hazardous substances allowed at the BOC site which is 10 times greater than that which is currently handled at the site. This was to negate the effects of uncertainties in the modelling of the risk. 7.5 The report's recommended an earth bund be formed on the eastern edge of the Ravenscraig site running parallel to the existing railway embankment this bund would form a part of the development of the site which would effectively eliminate the risks from potential major accidents at the BOC plant therefore the proposed residential units and future residents should not be at risk. A planning condition was attached to planning consent S/07/01188/REM (252 dwellinghouses flatted dwellings, with associated infrastructure and services, granted on 5 June 2008) for the implementation of the earth bund. It is the intention to apply the same condition to this proposal. 7.6 Traffic and Transportation's comments have resulted in alterations being made to the driveway specifications, road layout and the traffic calming measures to provide additional visitor's car parking. Conclusions 7.7 There are no strategic issues and the proposal is considered to comply with the terms of the relevant local plan policies. The principle of residential development on the site has already been established by the granting of outline planning consent and reserved matters consent. The Health and Safety Executive's objection can be resolved by the imposition of relevant planning conditions. The development will enhance and not detract from the overall design concept of this phase of development within Ravenscraig in terms of design, layout, access, parking, and landscaping whilst providing a mix of tenure housing that will make a positive contribution to the continuing regeneration of the Ravenscraig site. 7.8 Having considered the Development Plan, consultees and all material planning considerations this proposal is acceptable from a planning point of view. Therefore, it is recommended that planning permission be granted. 7.9 If the Committee is minded to grant planning permission because of the objection from the Health and Safety Executive the Scottish Ministers are required to be notified under the terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2007. Application No: Proposed Development: S/09/00758/FU L Erection of Residential Development Comprising of 130 Dwellings and Associated Roads Site Address: Land At Castlehill Road Gowkthrapple Wishaw Date Registered: 8th July 2009 Applicant: Agent: Dawn Homes Ltd Idpartnership Mr Graham Campbell Jim Horne 220 West George St 95 South Woodside Road Glasgow Glasgow G20 6NT Application Level: Contrary to Development Plan: No Local Ward: Representations: 020 Wishaw No letter(s) of representation received. Councillors Clare Adamson, Sam Love, Frank McKay and John Pentland, 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 and the Finalised Draft North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding areas. Legal Agreement: If granted, 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 of a financial contribution of €65,000 (€500 per dwellinghouse) for the improvement/installation of off-site play facilities and other programmes associated with the Regeneration of Gowkthrapple. -I, ,,,**- .a PLANNING APPLICATlON S I 09 I00758 f FUL Erectbn of R~61tl~ntmlDeveiopmsrN Ccn"Q d 130 Djveliings and Associated Roads land At Castlenil Rogd, GouMhapbe, Wlshaw 61ie area = 5 33 ha A Proposed Conditions:. 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 Planning etc (Scotland) Act 2006. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers; L-001-H, L- 100-A, L-101-A, L-102-A, L-103-A, L-104-A, L-105-A and L106-A. Reason: To clarify the drawings on which this approval of permission is founded. 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. That any remediation works identified by the site investigation required in terms of Condition 3 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the approved Remediation Strategy. Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority. Reason: In the interests of amenity by ensuring that the external materials are appropriate for the site and the general area. 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; the details shall include a wall or wall/ railing along the development frontage with Castlehill Road. Reason: In the interests of amenity by ensuring that walls and fences are appropriate for the site and the general area. That notwithstanding the requirements of condition 6 above, before each of the dwellinghouses on the following plot numbers are occupied a 1.8 metre high feature brick wall/fence shall be erected along the boundaries of Plots 10, 13, 28, 35, 36, 43, 51, 52, 64, 67, 70, 78, 83, 84, 86, 97, 98, 106, 107, 115, 118, 122, 123 and 130, shown ORANGE on the approved plans, the details of which shall be submitted to and agreed in writing prior to the commencement of development on site. Reason: In the interests of amenity by ensuring that walls and fences are appropriate for the site and the general area. That before the development hereby permitted commences, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained within the site and in particular the western and northern sections of the site as highlighted green; and measures for their protection in the course of development (d) the provision of buffer landscaping along the southern boundary; (e) the use of landscaping species which match and compliment the existing boundary landscaping on the site and on adjacent land ; (f) management and maintenance proposals; and (9) A timetable for the implementation of the works contemporaneously with the development. Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area. 9. That prior to the occupation of the last dwellinghouse within the development hereby permitted all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 7 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area. 10. That before the completion of the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 8 shall be in operation. Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area. 11. That before any of the dwellinghouses are occupied, the roundabout to be created on Castlehill Road, shall be installed to the satisfaction of the Planning Authority. Reason: To ensure the provision of adequate access facilities to the site. 12. That before any of the dwellinghouses are occupied the related communal 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. 13. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 14. That before the last of the dwellinghouses hereby permitted is completed or occupied, whichever is the earliest, all roads and footways shall be completed to final wearing course. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 15. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage and infrastructure to serve the development. Reason: To ensure the provision of satisfactory site drainage arrangements. 16. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and approved by the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA). If the area of ground illustrated on the approved plan for the notional SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority. 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 respectively. 17. That the SUDS compliant surface water drainage scheme approved in terms of Condition 16 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within 3 months of the construction of the SUDS and before the last dwellinghouse within the site is occupied, 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 ClRlA Manual and the approved plans. 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 respectively. 18. That before any development commences on site written certification from a chartered engineer that the site is not at risk from flooding shall be provided to the Planning Authority, alternatively should investigations show that the site may be at risk of flooding then a scheme of mitigation shall be submitted to and approved in writing by the Planning Authority before any works commence on site. The said mitigation works shall be certified as complete by as chartered engineer before any house within the development is occupied. Reason: To safeguard the application site from any potential risk from flooding. 19. 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 monitor the development, to enable the Planning Authority to retain effective contro I. 20. 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 monitor the development, to enable the Planning Authority to retain effective control. NOTE If granted, 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 of a financial contribution of f65,000 (f500 per dwellinghouse) for the improvementlinstallation of off-site play facilities and other programmes associated with the Regeneration of Gowkthrapple. Backaround Papers: Consultation Responses: Memo from Transportation received 1Oth August 2009 Memos from Geotechnical received 13'h August, 15'h September and 23rdSeptember 2009 Memo from Protective Services received 31" July 2009 Memo from Play Services received 16'h July 2009 Memo from Greenspace Services received 28'h July 2009 Letter from Scottish Environment Protection Agency received 1Oth August 2009 Letter from Scottish Water received 23'' July 2009 Letter from SP Energy Networks received 30th July 2009 Letter from Strathclyde Partnership for Transport received 4'h August 2009 Contact Information: Any person wishing to inspect these documents should contact Mr Fraser Miller on 01698 2741 19. Report Date: 30thSeptember 2009 APPLICATION NO. S/09/00758/FUL REPORT 1. Site Description 1.I The application site measures 4.8 hectares and is located within the south western corner of Gowkthrapple in an area identified as Castlehill Park in the Gowkthrapple Regeneration Masterplan. The application site is bounded to the north and east by the existing 4 and 12 storey flatted blocks and Castlehill Road to the south and west. 2. Proposed DeveloDment 2.1 Detailed planning permission is sought for the erection of 130 dwellings at Castlehill Park, Gowkthrapple. The development is to comprise of two storey semi detached and terraced dwellings, providing multiple frontages onto Castlehill Road and the internal road layout. Access to the site is to be taken from the new distributor road as detailed in the Gowkthrapple Regeneration Masterplan, which gains access to Castlehill Road, through the formation of a new roundabout. A Sustainable Urban Drainage scheme is proposed for the site, in the form of a SUDS attenuation pond, located in the north western corner of the site, bounding Castlehill Road. 3. Amlicant’s Supportina Information 3.1 A drainage statement and flooding report has been submitted in support of the application. 4. Site History 4.1 The application site has lain vacant since late 2006 following the demolition of the flatted blocks that were previously on the site. The Gowkthrapple Regeneration Masterplan was submitted for approval in July 2009 and directly relates to the site, in respect of the Design Brief for Castlehill Park, in addition to providing detailed design guidance for the development parcel and the Gowkthrapple area. 5. Development Plan 5.1 The site is zoned as HSG7 (Established Housing Area) in the Southern Area Local Plan 2008. 6. Consultations 6.1 A summary of comments from the consultees are as follows: I. Transportation have offered no objection to the proposal subject to conditions including, parking access and visibility requirements. 11. Geotechnical have requested additional technical information in connection with the proposed Sustainable Urban Drainage Scheme. In addition they have requested further information in connection with flooding. iii. Protective Services have advised that a site investigation should be carried out to determine the existence of any contaminants. iv. Play services have requested that a financial contribution be secured from the developer at a rate of E500 per dwelling, for the provision of off site play provision within the Green Network Areas and Central Play Area as identified in the Gowkthrapple Masterplan. V. Greenspace Services have commented that there are no nature conservation designations on the site. They have however identified two areas of some ecological value on the site in the form of a grouping of trees to the north of the site and shrubs in the west corner of the site, and have requested that these areas be incorporated into the development. In addition they have requested that surface water be treated by means of a Sustainable Urban Drainage System. vi. Scottish Water have raised no objections to the application and that the Camps and Daer Water Treatment Works currently has capacity to service the proposed development and that at present Carbarns Wastewater Treatment Works has limited capacity. vii. SEPA have advised that although the site appears to lie outwith the indicative river and coastal flooding map (Scotland) the application site is adjacent to a small watercourse combined with a culverted section of the Gowkthrapple Burn and consequently the site may be at risk of flooding. They have advised that contact is required with the Geotechnical Team regarding the culvert route, condition and capacity. In addition they have advised that foul drainage must be discharged to the public sewer and that surface water be treated in accordance with the principles of SUDS. viii. Scottish Power have raised no objections to the site, however they have advised that apparatus within the site will require protection throughout the works pertaining to the site. ix. SPT have raised no objections to the application, however they have advised that the bus stops at either side of the proposed roundabout will be required to be relocated. 7. Representations 7.1 No letters of representation have been received 8. Plannina Assessment 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 site is zoned as HSG7 (Established Housing Areas) in the Southern Area Local Plan. Policies HSGS (Assessing Applications for Housing Development) and TR13 (Assessing the Transport Implications of Development), are relevant, together with other material considerations. The application site is identified as an Established Housing Area, in the Southern Area Local Plan 2008. Policy HSG7 applies and states that the Council will seek 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. Taking into account that the proposed development is residential in nature coupled with the residential usage of the site prior to its demolition and the Masterplan proposals for the site, it is considered that the proposed development is complimentary to the residential area, subject to its detailed assessment against policies HSGS and TR13. Local Plan Policy HSGS details criteria against which new housing sites will be assessed. These include: impact on the existing built and natural environment; risk of flooding; design and layout; landscaping, open space and play areas and provision of roads, access and parking. On assessing the detailed proposals against the relevant policy and guidance, in overall terms it is considered that the proposed development will not adversely affect the character or the environment of the site and will result in the infilling of the development site in line with the Masterplan for the area following the demolition of the flatted blocks that were located on the site. Environmental conditions and drainage issues are suitably addressed. The design and layout of the proposed development is acceptable, and complies with the Masterplan and the Council’s Open Space Standards. The rear garden dimensions comply with Council standards with many plots in excess of the minimum requirements. Given the open nature of the site through the provision of green networks, there will be no issues with regards to overlooking or loss of amenity. In conclusion it is considered that the proposed layout is acceptable and the design of the site results in a development that will integrate within the rest of the Gowkthrapple Masterplan area with no adverse affect on the privacy or amenity of adjacent dwellings. Transportation, Drainage, Flooding and landscaping issues are addressed in paragraphs 8.5 and 8.7 below. Policy TR13 states that the Council will take account of criteria including: the impact of the development on road traffic circulation/road safety and the provision made for access, parking and vehicle manoeuvring. Transportation have raised no objections to the development. It is therefore considered that the proposals are acceptable in terms of the transportation requirements of policies HSG9 and TR13. A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP). Policy HCFIA states that there will be a presumption against developments detrimental to the residential amenity of primarily residential areas. As detailed in paragraph 8.4, the proposed development is considered acceptable and will not have a detrimental impact on the amenity of the surrounding area. The proposals are therefore considered to accord with policy HCFIA. With regards to remaining consultation responses, a site investigation will require to be submitted and it is proposed to attach a planning condition to cover this matter. Conditions are proposed to address the issue relating to the provision of landscaping as raised by Landscape Services and a Section 75 agreement is proposed to secure the off site play area contributions and contributions to other programmes in the Regeneration of Gowkthrapple. In response to the drainage and flooding issues raised by the Geo-technical Section and SEPA, it is considered appropriate that a condition be imposed requiring the submission of the finalised drainage proposals as the site falls outwith the SEPA Flood Maps areas of risk and the applicant has provided detailed proposals on the issues of Flooding and Drainage to the satisfaction of the Geo-technical Section. In addition it is proposed to condition that written confirmation from Scottish Water be received confirming that their requirements have been met, prior to the start of works on site. 9. Conclusions 9.1 In conclusion, the proposed application is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and that of the Finalised Draft North Lanarkshire Local Plan. The proposed development can be accommodated within the residential area without detriment to the surrounding properties and taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions and a Section 75 Agreement. Application No: Proposed Development: S/09/00774/MSC Erection of 46,783 sqm (Gross) Warehouse/Distribution Unit (Class 6) with Associated Landscaping, Parking and Access Site Address: Land South West Of Jct 6 M8 Edinburgh Road Newhouse Date Registered: 13th July 2009 Applicant: Agent: Prologis Developments Ltd John Paton Prologis House 80 St Vincent Street 1 Monkspath Hall Road Glasgow Solihull G2 5UB West Midlands B90 4FY Application Level: Contrary to Development Plan: Major No Ward: Representations: 015 Mossend And Holytown No letters of representation received. Councillors James Coyle, Paul Delaney and Kevin McKeown Recommendation: Approve Subject to Conditions Reasoned Justification: The proposed application is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and of the Finalised Draft North Lanarkshire Local Plan. The proposed development can be accommodated within the site without detriment to the surrounding commercial and residential properties. Proposed Conditions:- 1. That the development hereby permitted shall be started no later than 18 April 2012. Reason: To accord with the outline permission. 2. That, except as may otherwise 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 no materials shall be stored on the site external to the building such that they are visible from the A8, M8, A73 or A775. Reason: In the interests of the amenity of the site and the general area. 4. That unless agreed otherwise in writing by the Planning Authority, the finishing materials for the buildings hereby approved shall be as noted on Drawing No. PO36 Rev E. Reason: To ensure the provision of appropriate finishing materials in the interests of the visual amenity of the buildings. 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: To enable the Planning Authority to consider these aspects in detail. 6. That BEFORE the development hereby permitted is operational, all the fences, or walls, as approved under the terms of Condition 5 above, shall be erected. Reason: In the interests of the visual amenity of the area and security for the site 7. That notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the permitted change of use from Class 6 to Class 4 is hereby removed. Reason: To ensure that the storage/distribution warehouse may not solely become offices, as by reasons of increased car trips being generated, this would be detrimental to the environment with adverse implications for the road network. a. That BEFORE the unit hereby permitted becomes occupied, all of the associated 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: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out on the highway. 9. That BEFORE any of the buildings are occupied, the footbridge and bus stops as detailed on drawing no. PO32 Rev E (and facilities provided for timetable information) shall be installed to the satisfaction of the Planning Authority. Reason: To improve accessibility to and attractiveness of public transport. 10. That BEFORE the building hereby permitted becomes occupied, details of the proposed gateway artwork feature as shown at the northwest of the site on drawing no. PO32 Rev E shall be submitted to and approved in writing by the Planning Authority and shall thereafter be erected in accordance with these details prior to the occupation of the building. Reason: In the interests of visual amenity of the site and the general area. 11. That all works included in the scheme of landscaping and planting as detailed on Barry Chinn Associates Drawing Nos. 01 Rev H and 02 Rev F shall be completed in accordance with this approved plans, contemporaneously with the development of the units with due regard to planting seasons, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the occupation of the unit hereby permitted, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of the amenity of the site and the general area. 12. That BEFORE the occupation of the development hereby permitted, the management and maintenance scheme detailed on the report by Barry Chinn Associates entitled 'Soft Landscape Works Maintenance and Management Proposals' dated June 2009 hereby approved, shall be in operation. Reason: In the interests of the amenity of the site and the general area. 13. The BEFORE the occupation of the development hereby permitted, details of all external lighting for within the site shall be submitted to and approved by the Planning Authority, and shall thereafter be installed in accordance with the details approved under the terms of this condition. Reason: In the interests of visual amenity of the site and the general area. 14. That the BEFORE the development hereby permitted commences with the exception of the unit and access road, full details of the surface water drainage design for the western portion of the development site shall be submitted and approved in writing by the Planning Authority. For the avoidance of doubt the SUDS scheme shall take account of the surface water drainage scheme detailed in the report by RPS Group entitled 'Prologis Park- Newhouse 500,000ft2 Unit on Western Portion of Development- Drainage Design Philosophy) dated September 2009 and must comply with the requirements of the publication titled Drainage Assessment: A Guide for Scotland and any other advice subsequently published by the Scottish Environmental Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP).The post development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater that the pre-development run- off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall be provided even when discharge is proposed to the public sewers notwithstanding any conditions imposed by Scottish Water. If the area of ground illustrated on Drawing No. SK0301 for the SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority, unless otherwise agreed in writing with the said Authority Reason: To ensure that the drainage scheme complies with the best SUDS practice to protect watercourses and groundwater and meets the terms of Scottish Planning Policy SPP7 - Planning and Flooding. 15. That the SUDS compliant drainage scheme approved in terms of condition 14 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans. Reason: To ensure that there is satisfactory drainage and water provision. 16. That BEFORE the unit hereby permitted becomes occupied, a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to, and approved in writing by the Planning Authority, in consultation with Transport Scotland - Trunk Roads Network Management Division. For the avoidance of doubt, the Travel Plan will identify modal targets, the measures to be implemented, the system of management, monitoring for a period of 10 years from the date of the units first occupation, review, reporting and duration of the plan. It will incorporate measures designed to encourage, in particular, modes other than the private car. Annual surveys to establish patterns of trip attractions to the development shall be carried out for the Travel Plan by the developer or successor. The survey methodology will need to be agreed in advance with the Planning Authority in consultation with Transport Scotland TRNMD. Thereafter the measures, system of management and monitoring shall be implemented in accordance with the details approved under the terms of this condition. Reason: To be consistent with the requirements of SPP 17: Planning for Transport and PAN 75: Planning for Transport. 17. 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. 18. That within 4 weeks of the development hereby permitted being occupied or brought into use 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. Backaround Papers: Consultation Responses: Transportation received on 8th September 2009 Geotechnical Section received on 1'' September 2009 and email received 1Ith September 2009 Leisure Services rece'ked on 3rdSeptember 2009 SEPA received on 27 August 2009 Scottish Water received on I" August 2009 SP Energy Networks received on 7'h and 17'h August 2009 Contact Information: Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01698 2741 12 Report Date: 30th September 2009 APPLICATION NO. S1091007741MSC REPORT 1. Site Description 1.1 Planning permission is sought for the approval of matters specified in conditions relating to consent Ref. S/06/01922/0UT for the erection of a 46,783 sqm (Gross) warehouseldistribution unit (Class 6) with associated landscaping, parking and access at land south west of Junction 6 of the A81M8, off Edinburgh Road, Newhouse. The site is rectangular in shape and measures 22.74 hectares. The site is bounded to the north by the A8/M8 corridor which lies in an elevated position, to the east by open fields, to the south by a petrol filling station, Newhouse Hotel and residential properties, and to the west by un-developed fields and beyond by Newhouse Industrial Estate. 1.2 The site comprises an island in urban design terms as it is adjoined by roads on all 4 sides thereby affording it visual prominence from 4 principal frontages, particularly the A8/M8 corridor. The site is subject of undulating topography across its width and length but predominantly slopes downward from south to north and from east to west. It mainly comprises rough scrubland but also benefits from a thick landscape screen along its eastern boundary, a mature hedge along its southern boundary and sporadic mixed planting throughout its remainder. It is dissected on a cross-form by the former Biggar Road/Glasgow and Edinburgh Road which albeit have been stopped up in legal terms, are still in-situ, the latter of which acts as an informal park and ride facility for car sharing commuters at its eastern end.. A number of enabling works have been undertaken within the site including levelling and regrading of material and access works within and adjacent to the site which will be summarised in detail at Section 4 below. 2. Proposed Development 2.1 The applicant seeks permission for the erection of a large Class 6 industrial warehouse measuring 46, 783 sqm (Gross) with associated HGV, car and motorcycle parking. The warehouse unit would be located on the western part of the application site with the remaining half still remaining undeveloped at this time. The warehouse unit will comprise of 39,612 sqm for storage and distribution purposes and 2,862sqm of ancillary office space which will be located at the south west corner of the building over 3 storeys. Access to the site will be taken via a roundabout to the west of the site and there will be two access roads leading from this roundabout, each dedicated to HGV and car/motorcycles respectively. The applicant proposes to construct a footbridge from the south of the site onto Edinburgh Road to allow pedestrians to walk to local public transport nodes. 2.2 There will be two separate, smaller ancillary buildings located at the eastern part of the site and to the rear of the warehouse unit which include a vehicle management unit (IOOOsqm), a wash area for vehicles and a pallet store area. There will also be a small gatehouse at the entrance to the site. The warehouse unit itself will measure approximately 18 metres in height and will be finished predominantly in grey and blue cladding with a large expanse of windows located on the south west corner of the building which serve the offices. The applicant has provided a detailed landscaping scheme which shows a landscaped embankment due to the topography of the site The embankment would be located at the central part of the site dividing the site into two portions. The applicant also proposes a gateway artwork feature at the northwest corner of the site facing onto the M8. 3. Applicant's Supportinn Information 3.1 The applicant has submitted the following documents in support of their application: 0 Design and Access Statement 0 Supporting Planning Statement 0 Link Park, Newhouse Travel Plan Soft Landscape Works Maintenance and Management Proposals Flood Risk Assessment 0 Drainage Design Philosophy 4. Site History 4.1 There have been a number of previous applications for this site, notably two outline permissions which established the principle for this type of development on this site. These include Ref. S/99/01011/OUT granted subject to Section 75 Agreement on 4'h October 2001 and of relevance in this case S/06/01922/OUT for a 24 hour Operational Class 6 StoragelDistribution Development of 102,000 square metres in floor area (In Outline) granted on lgthApril 2007. Since the approval of the outline permission, there have been three reserved matters schemes Ref. S/07/01081/REM granted 1I th October 2007, S/07/01084/REM granted 1Ith October 2007 and S/08/00074/REM granted 12'h August 2008 and two detailed planning applications for enabling works Ref. S/06/01934/FUL granted 1gth April 2007 and S/08/00882/FUL granted 1" May 2009. The reserved matters schemes have included varying proposals for Class 6 developments within the application site. In this case, the applicant has shown one of the approved schemes on the eastern part of the site on their submitted plans. The scheme remains consented and remains unaffected by the proposed development subject of this application. The applicant has confirmed that they intend to construct the consented unit at a later date. In terms of the enabling works, all roundabouts serving the site have been completed and preparatory works including site levelling and drainage works have also been undertaken. 5. Development Plan 5.1 The site is mainly zoned as INDl (Industrial and Business Development Opportunities) in the Southern Area Local Plan 2008. It is also partly zoned as IND8 (Established Industrial and Business Areas), 5.2 The application site is zoned as EDI 2A (Industrial and Business Sites) and EDI 2 B (Transport Development) as in the Finalised Draft North Lanarkshire Local Plan. 5.3 The application raises no strategic issues; it can be assessed in terms of the local plan policy. 6. Consultations The Transportation Section, Land Services, Scottish Water and SP Energy Networks have no objections to the proposed development. A summary of comments from the other consultees are as follows: I. Geotechnical has offered no objections to the proposal but has indicated that further information will be required to fully assess the drainage proposals for the site. II. SEPA have no objection to the application but ask that the issues of SUDS, flood risk and possible site contamination be taken into consideration. 7. Representations There have been no letters of representation received in relation to this application. 8. Planning Assessment In accordance with Section 25 of the Planning etc. (Scotland) Act 2006, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. The Southern Area Local Plan 2008 mainly zones the site under Policy INDl (Industrial and Business Development Opportunities) with a small portion zoned under Policy IND8 (Established Industrial and Business Areas). Policies IND 9 (Assessing Applications for Industrial and Business Development) and TR13 (Assessing the Transport Implications of Development) are also relevant to this application. As this application is in relation to the determination of matters specified in conditions in respect of the relevant Outline application the principle of the development has therefore been established, and the details of the proposal are all that require to be assessed. As such the proposal accords with Policies INDl and IND8. Policy IND9 (Assessing Applications for Industrial and Business Development) lists the criteria which should be taken into account in assessing such applications. Those relevant to the detail of the proposal are: a) suitability of the proposal to the character of the area within which it is set; b) access to public transport infrastructure and the effect on travel patterns; c) detailed design elements; d) provision for landscaping screening, fencing and security and e) provisions made for servicing, access, vehicle circulation, manoeuvring and parking. While the proposal is significant in scale, it will lie adjacent to a similar size industrial unit and is adjacent to similar style buildings along Edinburgh Road. There will be a footbridge crossing a drainage ditch allowing access from the site onto Edinburgh Road and nearby bus stops which suitably addresses criteria 6. A planning condition is recommended to ensure this is built prior to the occupation of the building. The design, scale and proportion of the warehouse unit and all associated ancillary buildings are considered to be acceptable and the modern glass frontage facing onto Edinburgh Road and modern materials will improve the visual landscape at this location. The applicant has provided a full landscaping scheme and maintenance and management manual which Land Services (Landscaping Section) consider to be acceptable and planning conditions are duly recommended to ensure the landscaping is carried out in a satisfactory manner. Matters relating to transportation are discussed at paragraph 8.5 below. Taking account of the above, it is considered that the proposal complies with Policy IND9. Policy TR13 requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. Transport Scotland and the Transportation Section were both satisfied with the development proposal and the recommended the imposition of a condition requiring the submission of a Green Travel Plan. A condition has been duly recommended and the proposal therefore accords with Policy TR13. The site is covered by Policy EDI 2A (Industrial and Business Site) in the Finalised Draft North Lanarkshire Local Plan. Policy EDI 2B (Transport Development) also applies to the northern part of the application site due to the M8 Upgrade. The applicant is aware of the proposals to upgrade the M8 motorway and has duly shown the areas affect on their submitted plans. The areas affected are outwith the main development site. Given that the zoning remains unaltered from the adopted Southern Area Local Plan 2008, the proposal is considered to be in accordance with the emerging Local Plan. With regard to remaining consultation responses in relation to drainage and flooding matters, the applicant has provided a revised drainage scheme serving only the western part of the development site. The Geotechnical Section consider the drainage details to be incomplete however the scheme is considered acceptable in principle. As such, it is recommended that a suitable condition is imposed requiring the submission of further drainage details prior to commencement of the proposal however this condition permits the warehouse and unit to be commenced whilst drainage details are agreed in relation to the parking and SUDS areas within the site. 9. Conclusions 9.1 In conclusion, following detailed assessment of the application and taking account of the site history, 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. The proposed development will provide a positive economic development for North Lanarkshire and enhance the landscape and visual impact of this site. It is therefore recommended that the application be granted subject to conditions. Application No: Proposed Development: S/09/00946/FU L Erection of Single Storey Dwellinghouse Site Address: Land West Of 16 Holytown Road Holvtown Date Registered: 20th August 2009 Applicant: Agent: Mr Walker DTA Chartered Architects Ltd C/o Agent Greig Templeton 9 Montgomery Street The Village East Kilbride G74 4JS Application Level: Contrary to Development Plan: Local Yes Ward : Representations: 015 Mossend And Holytown No letters of representation received. Councillors James Coyle, Paul Delaney and Kevin McKeown Recommendation: Refuse Reasoned Justification: With regard to material considerations including the current local plan, it is considered that the proposal is contrary to Policy L3 (Protected Open Space) in the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan and the applicant has provided no justification for the loss of open space and its loss is not considered unacceptable given its contribution to the amenity of the wider network of open space within the surrounding area. Recommendation: Refuse for the Following Reasons:- 1. That the proposed development is contrary to Policy L3 (Protected Open Space) of the Southern Area Local Plan 2008, as there is a presumption against development which could adversely affect such spaces. 2. The applicant has failed to supply sufficient information to demonstrate that there will be no unacceptable impacts on protected species, in this respect it has not been shown that the requirements of Policies ENV13 (Biodiversity) of the Southern Area Local Plan 2008 can be met. 3. That the proposed development is contrary to policy HCF 1 (Protecting Housing and Community Facilities) of the Finalised Draft North Lanarkshire Local Plan, as there is no justification for the loss of valuable open space to the detriment of the amenity of the surrounding area. 4. That the proposed development conflicts with Scottish Planning Policy guidance and advice contained in SPP 11 (Open Space and Physical Activity) in that it would constitute a loss of an area designated Protected Open Space to the detriment of the amenity of the surrounding area. Background Papers: Consultation Responses: Memo from Transportation received 4'h September 2009 Contact Information: Any person wishing to inspect these documents should contact Graham Smith at 01698 274 104 Report Date: 30th September 2009 APPLICATION NO. S/09/00946/FUL REPORT 1. Site Description 1.1 The application site is part of a wider area of open grassland and woodland to the west of Holytown Road, Holytown which slopes steeply downwards towards the Thankerton Burn, To the north and east lie residential dwellings with open space on all other sides. The site has an area of 0.2ha and comprises of grassland and scrub with a hedgerow running along Holytown Road. 2. Proposed Development 2.1 The application seeks full planning permission for the erection of a single storey L- shaped detached dwellinghouse. Access would be taken from an existing informal access from Holytown Road. The property would be 5.4 metres in height and would maintain the building line along Holytown Road allowing for 5 metres front garden depth and approximately 15 metres rear garden depth. 3. Applicant’s Supportinn Information 3.1 The applicant has not submitted any supporting information. 4. Site History 4.1 There is no relevant planning history relating to this site. 5. Development Plan 5.1 In terms of the Southern Area Local Plan 2008 the site is covered by policy L3 (Protected Open Space). 5.2 The Finalised Draft North Lanarkshire Plan identifies the site as HCF B1 (Protecting Housing and Community Facilities). 5.3 The application raises no strategic issues, it can be assessed in terms of the local plan policy. 6. Consultations 6.1 Transportation raised no objections subject to conditions relating to access width, visibility and pedestrian access. 7. Representations 7.1 No letters of representation received following the neighbour notification and press advertisement. 8. Planninq Assessment 8.1 In accordance with Section 25 of the Planning etc (Scotland) Act 2006, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 8.2 The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant, with the site being zoned as L3 (Protected Open Space). Policies TR 13 (Assessing the Transport Implications of Development) and ENVl3 (Biodiversity) are also relevant. 8.3 Policy L3 seeks to protect from development formal and informal public and private open spaces shown on the Proposals Map by resisting development which would adversely affect such areas. Loss of open space may be permissible in exceptional cases to facilitate major regeneration initiatives when compensatory open space of an appropriate scale and quality is provided. As such the proposed development is not exceptional and this area of open grass and woodland positively contributes to the character and amenity of the wider area. Furthermore the applicant has provided no justification for the loss of open space. It is considered that approval of a residential development would be to the detriment of the character of the surrounding area and may set an undesirable precedent for other residential developments on other similar open spaces. The application is therefore considered to be contrary to Policy L3. 8.4 Policy TR 13 sets criteria relating to road and pedestrian safety, parking and servicing. As discussed above in paragraph 6.1 Transportation have raised no objections to the proposal subject to conditions and it meets the minimum parking requirements therefore it is in compliance with Policy TR 13. 8.5 Policy ENV 13 (Biodiversity) states that the Council will seek to maintain and enhance the nature resources of the Plan area by the protection of habitats, species and natural features. It is considered that the application fails to meet the criteria of Policy ENV 13 in that the applicant has not provided any justification to overcome this matter by failing to submit the required protective species survey. It should be noted that European legislation prevents the Council from approving an application with a planning condition requiring the submission of such information. 8.6 A material consideration is the Finalised Draft North Lanarkshire Local Plan. Policy HCF 1 Protecting Housing and Community Facilities seeks to restrict developments that would be detrimental to residential amenity. The proposal provides no justification for the loss of open space and is considered to be to the detriment to the wider residential area. The proposal is therefore contrary to the Finalised Draft North Lanarkshire Local Plan. 8.7 Further planning policy which is relevant to this application is contained in SPP 11 (Open Space and Physical Activity) which sets out a presumption against developments on open spaces that are valued and functional and resists proposals to partially develop sites of open space in the absence of a strong justification. As noted above in paragraph 8.5 no justification exists for the development of this open space. The application is therefore in conflict with National Planning Policy and Guidance. 9 Conclusions 9.1 The proposed development is contrary to development plan policy and the relevant national planning guidance and advice, and the applicant has provided no reasoned justification to support an exceptional departure from Policy L3 of the Southern Area Local Plan 2008 and Policy HCF B1 of the Finalised Draft North Lanarkshire Local Plan. The applicant has also failed to submit a protected species survey which is required in order to fully assess the proposal and may adversely affect protected species at the site. The application is therefore contrary to Policy ENV 13 of the Southern Area Local Plan 2008. The proposal is considered to be an unacceptable development in that it would result in the loss of valuable open space and would adversely impact upon the character of the surrounding area. In view of all the relevant development plan policies, national planning policy guidance and advice I find no justification for the proposed dwellinghouse. It is therefore recommended that planning permission be refused.