Norfh Lanarkshire Council
PIann i ng Appl ications for consideration of Planning and Transportation Committee
Committee Date : 25 September 2007
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 25 September 2007
Page Application No. Applicant DevelopmentlLocus Recommendation No 4 N/07/00512/FUL Hadden Construction of 26 Grant Construction Ltd. Dwellinghouses Land to the Rear of 2-14 Constarry Road Croy
13 C/07/00648/FUL Angela Regan Construction of Two Grant Dwellinghouses at Request for Site 100 Blair Road Visit Coatbridge
20 C/07/01094/FUL Alan Stein Use of IndustrialNVarehouse Grant Unit as Children's Nursery Request for Site and Soft Play Area - Unit 1 Visit and Hearing York Road Chapelhall
27 C/07/01220/OUT Mr A Reid Construction of Grant Dwellinghouse and Garage (in outline) at Land to the South of 17 Bridge Street Longriggend
34 C/07/01309/FUL Mr. Wm Twaddle Construction of Replacement Grant Dwellinghouse at Westerbowhouse Farm Bowhousebrae Road Airdrie
40 C/07/01329/FUL Victoria Bowling Erection of Viewing Shelter Grant Club at Victoria Bowling Green 29 Weir Street Coatbridge
46 C/07/01392/FUL Mr. Stormonth Two Storey Side Extension Grant to Dwellinghouse and First Request for Site Floor Rear Extension to Visit and Hearing Dwellinghouse at 39 Wick Avenue Airdrie
51 C/07/01426/AMD Rosemount Taverns Construction of Vestibule at Grant Ltd 121 - 123 Hallcraig Street Airdrie 56 S/06/01965/FUL Aldi Stores Ltd Construction of Retail Store Grant (1607 Square Metres Gross), Three Retail Units (Total 1915 Square Metres Gross), Associated Car Parking and Servicing Former Somerfield Site Glasgow Road, Wishaw ML2 7QJ
66 S/07/00517/AMD Wishaw & District Amendment to Consent Grant Housing Association S/04/00645/FU L: Residential Development Consisting of 32 Dwellinghouses and 14 Flatted Dwellings (Addition of Two Dwellinghouses and Substitution of Housetypes) Land North of 92 - 110 Woodside Crescent, Newmains
76 S/07/0053 /FUL Holytown Dental Extension (Single Storey) to Grant Surgery Side and Rear of Existing Surgery 5 Main Street, Holytown
82 5/07/0079 /FUL City Link Erection of 2 Single Storey Grant Development Buildings for Use Classes Company Ltd (4,5and 6) and Associated Parking Land to East No 2 Belgrave Street, Bellshill
90 S/07/01133/FUL Guanxing Li Change of Use from Retail Grant Unit to Restaurant Request for Site The Untouchables, 131 Visit Merry Street Motherwell
97 S/07/01299/FUL Frankie Shakir Change of Use of Public Grant House to 3no. Residential Flatted Dwellings Station Bar, 480 Caledonian Road, Wishaw Application No: N/O7/00512/FUL
Date Registered: 29th March 2007
Applicant: Hadden Construction Ltd 1 Maidenplain Place Aberu t hven Nr Auchterarder PH3 1EL
Agent Oliver & Robb Architects Pitreavie Drive Pitreavie Business Park Dunfermline KY11 8UH
Development: Construction of 26 Houses & Flats and Associated Infrastructure
Location: Land To The Rear Of 2-14 Constarry Road C roy
Ward: 1 - Kilsyth : Councillors Griffin, Jones and Key
Grid Reference: 272298676093
File Reference: N/07/00512/FUL
Site History:
Development Plan: The site is covered by Policy HGI: New Housing Developments and partly covered by Policy NE9: Site of Importance for Nature Conservation in terms of the Kilsyth Local Plan 1999
Contrary to Development Plan: No
Consultations: Scottish Environment Protection Agency (Comments.) Scottish Water (Comments) West of Scotland Archaeology Service (No Objection)
Representations: 1 letter of representation received
Newspaper Advertisement: Advertised on 4th April 2007
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That 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. If the area of ground illustrated on Drawing No. 4278 D SP002 Rev K 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 and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
4. That BEFORE the development hereby permitted starts, written confirmation from Scottish Water shall be provided to the Planning Authority to the effect that the proposed foul drainage system, including the proposed pumping station, is acceptable to Scottish Water for adoption purposes.
Reason: In the interests of the amenity and wellbeing of future residents.
5. That BEFORE the development hereby permitted starts a remedial plan outlining the nature and extent of remedial actions at the site to deal with identified contamination issues shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the remedial plan shall be in accordance with CLRI 1 published by DEFRA. Furthermore, in accordance with Pollution Control's comments of 4th May 2007, additional groundwater sampling and interpretationof the hydrogeologic regime at the site and reactivation of gas monitoring on a monthly basis until the gas protection measures have been agreed in writing shall be carried out with the results submitted to and approved in writing by the Planning Authority.
Reason: In the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
6. That any remediation works identified by the remedial plan or from the further monitoring required in terms of Condition 5 shall be carried out to the satisfaction of the Planning Authority in accordance with a timescale to be agreed in writing with the said Authority. Within 3 months of the completion of the works, a certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
7. That BEFORE any of the houses hereby approved are occupied, a two metre wide footway including appropriate crossing points shall be provided to the east and west of the site entrance on the south side of Constarry Road, highlighted in yellow on Drawing No. 4278 D SP002 Rev K. For the avoidance of doubt the footpath specification and crossing point details shall be submitted to and approved in writing by the Planning Authority BEFORE work begins on site.
Reason: In the interests of pedestrian safety and to ensure there is adequate footpath provision to the site.
8. That a visibility splay of 4.5 metres by 90 metres, measured from the heel of the footway, shall be provided on both sides of the vehicular access and BEFORE any of the houses hereby permitted is occupied, everything exceeding 0.5 metres in height above the footway level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.5 metres in height above the footway level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of traffic safety.
9. That all driveways shall be fully paved and any that fall towards the public road shall provide drainage facilities.
Reason: To prevent deleterious material being carried onto the public road.
10. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.
1 1. That all works included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed in accordance with the approved schedule, 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 hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the site and the surrounding area.
12. That notwithstanding the generalities of Condition 10, the landscaping scheme shall include native/local origin species and/or ornamentals beneficial to wildlife and species-rich hedges.
Reason: In the interests of visual amenity and biodiversity.
13. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas.
Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.
14. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 13 shall be in operation.
Reason: In the interests of the visual amenity of the site and the surrounding area.
15. 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 the interest of the visual amenity of the site and the surrounding area.
16. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls including retaining walls to be erected on the site 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 the interest of the visual amenity of the site and the surrounding area.
Background Papers:
Application form and plans received 29th March 2007
Letter from Scottish Environment Protection Agency received 8th June 2007 Letter from Scottish Water received 17th April 2007 Letter from West of Scotland Archaeology Service received 17th May 2007 Memos from Traffic & Transportation Team Leader (HQ- Northern) received 27th April,lOth21'' and 30th August 2007 Memo from Geotechnical Team Leader received 14th May and 3rdSeptember 2007 Memo from Head of Protective Services received 30th April 2007 Memo from Countryside and Landscape Manager received 17th May 2007 Memo from Education received 17th April 2007
Letter from Dehra Orme, 12 Constarry Road, Croy, G65 9HF received 17th April 2007.
Kilsyth Local Plan 1999
Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463.
Date: 13" September 2007. APPLICATION NO. N/07/00512/FUL
REPORT
1. DescriDtion of Site and Proposal
1.1 This application is for the construction of 26 houses and flats at land to rear of 2- 14 Constarry Road, Croy. The site is situated on the north-west edge of Croy, is irregular in shape and covers an area of approximately 1.8 hectares. The site is bounded to the north and east by the residential properties on Constarry Road, the majority of which are at a much higher level than the application site. To the west lies the disused Girnal Brae Quarry and to the south lies open ground.
1.2 The site slopes south east from the access on Constarry Road. The majority of the site is covered by deposits of made ground with the natural ground level being reached at the southern end.
1.3 The proposal is for a mixture of 2 and 3 storey properties, 6 of which are detached, 8 are terraced, 2 are semi-detached and 10 are flatted.
2. Develoment Plan
2.1 This proposal raises no issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against local plan policies.
2.2 In terms of the Kilsyth Local Plan 1999 the site is covered by Policy HGI: New Housing Development.
2.3 The south east section of the site is also covered by Policy NE9: Site of Importance for Nature Conservation (SINC). The policy states there is a general presumption against development which could affect a SINC, however, where development is to be approved, the Council will seek to ensure that the interests of the sites are adequately protected.
3. Consultations and Rewesentations
3.1 My Traffic and Transportation Section has no objection subject to the imposition of conditions relating to access visibilities and footpath provision.
3.2 My Pollution Control Section has stated that the nature and magnitude of the contamination risks at the site are largely as described in the Environmental and Geotechnical Investigation prepared by REC Ltd. The recommendations for remedial measures and further delineation works are relevant, however, further investigation and sampling is required, and has been attached as a planning condition.
3.3 My Countryside and Landscape Manger has confirmed that part of the site is a SINC, although it is to be removed from their records in the near future. Comments relating to buffer zones, SUDS and landscaping have also been received. An ecological survey for the presence of badgers and bats was requested and subsequently commissioned by the applicant. While no protected species were found to reside on the site a bat roost was found in a dead tree in the copse adjacent to the south west boundary. Furthermore, Japanese Knotweed was discovered on land adjacent to the south west site boundary.
3.4 My Geotechnical Team Leader requires further technical details relating to the filtration trench, porous paving and headwall. Furthermore, written confirmation that SEPA is satisfied with the details and Scottish Water will adopt and maintain the drainage infrastructure is also sought. Appropriate conditions have been attached dealing with these matters.
3.5 The Director of Education has confirmed that all schools within the catchment area have sufficient accommodation to cope with the projected pupil increase such a development may produce.
3.6 West of Scotland Archaeology Service has confirmed the site is heavily disturbed and raises no direct archaeological issues.
3.7 Scottish Water has no objection to the proposal however it is stated that this does not guarantee a connection to their infrastructure.
3.8 SEPA has no objection to the proposal on the understanding the foul drainage is connected to the public sewer. It is also requested that planning permission includes a condition requiring the treatment of surface water in accordance with the principles of the SUDS Manual.
3.9 One letter of representation has been received from the neighbours at 12 Constarry Road, Kilsyth. The main point of objection and my comments thereon are as follows:
Currently part of the site is used as a building yard, however, the remainder is clear and is home to a huge variety of wildlife including deer, owls and a woodpecker,
Comment The site is zoned as a housing site in the Kilsyth Local Plan, thus the principle of housing is accepted. There is no doubt that such a development will have some impact on the natural environment however the ecological survey carried out by Acorna Associates Ltd. did not highlight the presence of any protected species, other than a bat roost in the copse of trees outwith the site boundary.
There is concern that the copse of trees is to be removed
Comment The copse of trees is outwith the site boundary and there are no plans to remove them.
There is further concern that the objector’s uninterrupted views will be spoiled by the proposal.
Comment: The proposal will have an impact on the objector’s view. However, this is mitigated to some extent by their house being approximately 5 metres higher than the adjacent site. Furthermore, the trees on the embankment between the rear gardens of the houses on Constarry Road and the application site also provide a screening function. It is also worth bearing in mind that there is no entitlement to a view under planning legislation.
The building work will cause a huge amount of disruption in the form of construction noise and dust.
Comment: It is agreed that the housing development will have an impact on the adjacent neighbours, however, this is of a temporary nature and is not significant enough an issue to warrant refusal of the application.
0 There is concern that noise will carry up to the adjacent houses from the development when it is complete.
Comment: There is bound to be some level of noise disturbance from the development, however, it is not considered serious enough to warrant refusal, particularly when the site is zoned as a housing site in the Kilsyth Local Plan 1999. Concerns have also been raised over the building works taking place immediately adjacent to the slope at the rear of the objector's property. The objector has raised issues with respect to drainage, stability and public utilities.
Comment There is no indication the works will affect the stability of the adjacent buildings or result in drainage issues or affect public utilities. It will however be for the developer to ensure that the proposal will not have a detrimental effect on any of the aforementioned areas of concern.
The objector is unsure if the trees and bushes on the slope between the application site and the houses on Constarry Road are to be removed. If they are to be removed they are opposed to this as they provide habitat for wildlife and shelter to rear gardens of the properties on Constarry Road.
Comment The proposal does not involve the removal of the trees as they are located outwith the application site.
Finally, the objector is unhappy with the neighbour notification process which took place over a public holiday and was carried out incorrectly. Concern has also been expressed over the 14 days and the fact the timescale does not allow full time workers to view the plans. The process seems tilted towards the developer and there is no right of appeal.
Comment As soon as it was realised the applicants had used the incorrect neighbour notification form it was brought to their attention and it was requested that they renotify the adjoining neighbours with the correct forms. It is agreed that the 14 day timescale is tight, however, representations are accepted outwith this timescale providing the application is still under consideration. Furthermore, the plans can be copied and sent to anyone requesting a copy. The neighbour notification process and the fact there is no 3'' party right of appeal is set out in planning legislation.
4. Planninq Assessment and Conclusions
4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
4.2 The proposal is in accordance with local plan policy as the site is zoned for residential development in the Kilsyth Local Plan 1999. Furthermore, whilst part of the site is designated as a SlNC this area is due to be removed during the SlNC review that is currently being carried out.
4.3 The Environmental and Geotechnical Investigation by REC Ltd. has highlighted several contaminants in the soils and groundwater including asbestos and marginal concentrations of mercury. Also, gas monitoring confirmed the soils on site are generating high levels of methane and carbon dioxide. The recommendations for remedial measures and further delineation works are satisfactory to Pollution Control, however, further investigation and sampling requires to take place with all remedial measures agreed before any work can begin.
4.4 The protected species survey prepared by Acorna Associates discovered a single bat roost in a dead tree in the copse outwith, but directly adjacent to the south west site boundary. The applicant will require to consult with Scottish Natural Heritage and the Scottish Government to establish if a licence will be required to disturb or destruct the roost as it is not within the site. As bats are a European Protected Species under The Conservation (Natural Habitats & c.) (as amended) Regulations 1994, the Planning Authority must satisfy itself that all three tests necessary for the eventual granting of a Regulation 44 licence by the Scottish Government are likely to be satisfied (if indeed a license is required in this instance). 4.5 Test 1 asks if the proposal is necessary for preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment. It is considered that the site is important to the local economy in Croy. Furthermore, as the site has contamination including asbestos, mercury, methane and carbon dioxide, their removal to allow redevelopment is in the interests of public safety and the environment.
4.6 Test 2 states there should be no satisfactory alternative. As this is one of only two sites in Croy that are designated for residential development, and this is the only one the applicant has an interest in, it is considered there is no alternative.
4.7 Test 3 states the Scottish Government will not issue a licence unless satisfied the action proposed "will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range". The Scottish Government will seek the advice of Scottish Natural Heritage on this matter. As there is only a single non-breeding bat present, outwith the site, it is sensible to conclude that disturbance of the roost will not be detrimental to the maintenance of the local bat population. This however would be on the proviso that mitigation such as placing bat boxes on the adjacent trees takes place.
4.8 The protected species survey also highlighted a stand of Japanese Knotweed outwith, but in close proximity to the site. The applicant will require to reach agreement with the adjacent land owner for its eradication as its roots may extend several metres into the development area and potentially cause structural damage to any development. There is also a liability under the Wildlife and Countryside Act 1981 if it is allowed to spread onto neighbouring land, and it is illegal to cause it to grow in the wild.
4.9 The proposed development is deemed to be acceptable in terms of local plan policy zoning, house types and site layout. Notwithstanding the objection by residents at 12 Constarry Road, discussed in Section 3.9, it is recommended that planning permission be granted subject to conditions. Application No: C1071006481FUL
Date Registered: 18th April 2007
Applicant: Angela Regan 100 Blair Road Coatbridge ML5 2EW
Agent R.A.C 21 Craigmochan Avenue Airdrie ML6 6TJ
Development: Construction of Two Dwellinghouses
Location: 100 Blair Road Coatbridge North Lanarkshire ML5 2EW
Ward: 6 Coatbridge North & Glenboig Councillors Clarke, McWiIliams, Shields & Wilson Grid Reference: 272220665692
File Reference: C/PL/CTB468/001 OOISM I/LR
Site History:
Development Plan: The site is zoned as HG9 (Existing Residential Areas) in the Monklands District Local Plan 1991.
Contrary to Development Plan: No
Consultations: Scottish Water (no objections)
Representations: 3 letters of representation
Newspaper Advertisement: Not Required
Recommendation: Approve Subject to the Following Conditions:-
1, That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail in the interests of visual amenity. ------.
Planning Application No. C/07/00648/FUL N Constructionof Two Dwellinghouses A Not to Scale 100 Blair Road, Coatbridge * Representation Site Area 0.19 HA 3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail in the interests of visual amenity.
4. That before the dwellinghouses hereby permitted are occupied the dropped kerb vehicular accesses, as shown on the approved plans, shall be constructed in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.
Reason: To ensure the provision of satisfactory vehicular access in the interests of traffic safety.
5. Notwithstanding condition 4 above, visibility splays of 4.5 metres by 80 metres as measured from the road channel shall be provided from both vehicular accesses in both directions along Blair Road.
Reason: In the interests of traffic safety.
6. That the driveways shall be hard surfaced for the first 2m from the heel of the footway in a material which the Planning Authority has approved in writing before the start of surfacing work and details of the alterations to the stone wall to accommodate the access to the car parking area shall similarly submitted for prior approval.
Reason: To prevent deleterious material being carried onto the road and to ensure satisfactory vehicular access.
7. That before the dwellinghouses hereby permitted are first occupied, 2 in-curtilage car parking spaces shall be provided per dwellinghouse and shall thereafter be maintained as such.
Reason: To ensure the provision of adequate parking facilities within the site.
8. 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.
Background Papers:
Application form and plans received 18th April 2007 Monklands District Local Plan 1991
Memo from Transportation Section received 3rd July 2007
Letter from Mr & Mrs Lennon, 98A Blair Road, Coatbridge, North Lanarkshire, ML5 2EW received 2nd May 2007. Letter from Mr & Mrs Lennon, 98A Blair Road, Coatbridge, North Lanarkshire, ML5 2EW received 8th May 2007. Letter from Mr & Mrs Lennon, 98A Blair Road, Blairhill, Coatbridge, ML5 2EW received 14th August 2007.
Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.
Date 12 September 2007 APPLICATION NO, C/07/00648/F UL
REPORT
1. Description of Site and Proposal
1.1 This application seeks planning permission for the construction of 2 dwellinghouses at 100 Blair Road, Coatbridge. The application site currently forms the side garden area of Espieside House 100 Blair Road, Coatbridge and is enclosed by a red sandstone wall.
1.2 The proposed dwellings would be detached two and a half storey buildings with hipped roof and bay window detailing. The accommodation includes open plan dining living area, kitchen, utility and integral garage on the ground floor, 3 bedrooms on the first and a further bedroom and study on the second floor.
1.3 There are two existing driveways into 100 Blair Road. One of the proposed dwellings will use the existing opening to the east and an additional driveway will be formed for the second dwelling.
2. Development Plan
2.1 The site is zoned as HG9 (Existing Residential Areas) in the Monklands District Local Plan 1991, The design guidance on 'Infill Housing' and the developers guide to open space form part of policy HG9 and are relevant to this application. There are no strategic implications.
3. Consultations and Representations
3.1 The Transportation Section were consulted and have no objection to the proposal subject to conditions which shall be attached to any planning permission.
3.2 The Landscape Services Section were consulted and are concerned that the proposed dwellings do not have enough peripheral space to integrate into the landscape. Since receiving these comments the plans have been revised to accord with the open space guidance.
3.3 Following standard neighbour notification procedure 3 letters of objection have been received from the neighbouring property 98A Blair Road. The letters have been submitted in respect of several sets of revised plans and can be summarised as follows:
(i)The properties will be built right up to the boundary wall. As our only access to our property runs parallel to the proposed boundary wall and out main entrance door to our property is facing the proposed development there could be potential problems regarding health and safety on using our access driveway. The proposed development should be within the grounds of 100 Blair Road. The boundary wall is a retaining wall and could be liable to damage if disturbed.
(ii)The properties will cause overshadowing and block out natural light.
(iii)The proposed houses are stepped back and are not in line with the rest of the original properties facing onto Blair Road.
(iv) The original property at 100 Blair Road has already got two driveways leading onto Blair Road. The proposed plans show that this would be doubled to four driveways leading onto Blair Road within a few feet of each other. All this on the brow of a hill onto a busy main road with parking lanes.
(v)The original house is one of the best built architectural period houses in our district. This owner/developer according to the plans wants to built two modern detached properties right up to the old house. We feel that this is not being sympathetic to this fine old property.
4. Plannina Assessment and Conclusions
4.1 Under the Town and Country Planning (Scotland) Act 1997 development proposals require to be assessed against the development plan and any other material considerations. In this instance the proposals are not of strategic importance and are assessed against local plan policy HG9 together with the associated design guidance on 'Infill Housing' and the council's guide to Open Space.
4.2 The local plan gives emphasis to development sites geared towards infill and redevelopment of existing urban areas. Policy HG9 indicates that developments on suitable gap sites that are in accordance with the Design Guidance on Infill Housing will be encouraged. In this instance the two dwellinghouses, as amended, are designed to meet the above policies and will sit satisfactorily in the surrounding streetscape.
4.3 The application site is surrounded by a mix of property styles with the traditional sandstone villa at a100 Blair Road to the east, two storey properties to the north and a semi-detached bungalow to the west. Blair Road at this point is on a hill and it is acknowledged that due to difference in ground level, and surrounding property styles, designing two properties which would integrate with the existing streetscape is a difficult task. The proposed dwellinghouses have a side garden distance of 4 metres each and rear gardens of 10 metres in length.
4.4 The objections raised in the letters of representation are addressed in turn below:
(i) The layout of the site has been revised since this objection was made. The dwellinghouse is not built right up to the boundary wall but set 1.58 metres back from the wall.
(ii) The developer requires to ensure that the boundary wall is structurally stable and that any earthworks do not adversely impact on its structural integrity.
(iii) Since this letter was submitted the plans have been revised. The dwellinghouse is set back from the boundary wall, has been reduced in height and now has a hipped roof design. There is one window located on the north elevation on the neighbouring bungalow. This window faces north and looks onto the boundary wall of 100 Blair Road. Due to the ground level difference the wall is approximately 3 metres high on the side adjacent to the objector's property. It is therefore arguable that the existing level of sunlight and daylight available to this window is already limited. The simple sunlightldaylight test was considered to be appropriate in this case and when carried out in relation to the window the proposed development passes.
(iv) The proposed houses are set approximately 14.5 metres back from the established building line of Blair Road. This brings them back in line with the bay window of the existing house which provides space for a turning area allowing vehicles to enter and exit the plots in forward gear. It is considered that this would not have such an adverse impact on the street scene as to merit the refusal of this application.
(v) The Transportation Section was consulted and had no objections to the proposals subject to conditions relating to visibility, dropped kerb arrangements, driveway gradients and alterations to existing line markings.
(vi) The existing property is a substantial red sandstone villa, however, it is not listed and is not located within the conservation area. It will retain a side garden width of 2 metres with the proposed dwellinghouses being set back a further 2.4. There is a mix of property styles along Blair Road. The former hospital site on the opposite side of Blair Road is currently the subject of a separate planning application(C/06/01202/OUT) for a residential development. Whilst no permission has been granted and no house types have been included it is envisaged that if permission is granted the properties will be of modern design.
4.5 In conclusion due consideration has been given to the points of objection raised in the letters of representation, however, no reason was found to uphold these objections. The proposed dwellinghouses accord with the provisions of the local plan and associated design guidance. It is considered that the revised design and positioning of the dwellinghouses will integrate satisfactorily with the existing streetscape. It is therefore recommended that planning permission be granted subject to conditions.
4.6 Committee is asked to note that an objector has requested that a site visit and hearing be undertaken prior to any decision being made on this application. Application No: C/07/01094/FUL
Date Registered: 25th June 2007
Applicant: Alan Stein 82 Elm Drive Chapelhall Airdrie ML6 8GA
Development: Use of IndustriaINVarehouse Unit as Children's Nursery and Soft Play Area
Location: Unit 1 York Road C hapelhall North Lanarkshire ML6 8GA
Ward: 11 Airdrie South Councillors Coyle, Curley, Fagan and Love
Grid Reference: 277738661915
File Reference: C/PL/CH L104/U 1 /CM I/LR
Site History:
Development Plan: The application site is zoned as ECON3 (Allocated General Industrial Areas) and ECON7 (Officers/Business Use/Light Industry) within the Monklands District Local Plan 1991.
Contrary to Development Plan: Yes
Consultations:
Representations: 2 letters of representation.
Newspaper Advertisement: Advertised on 4th July 2007
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. Planning Application No C/07/01094/FUL Use of Industrial Warehouse Unit as Childrens Nursery and Soft Play Area Unit 1, York Road, Chapelhall
Representations * Not to Scale One Representation outwith Map Area A 4- 2. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.
Reason: To define the permission
3. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted;
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths shown on the approved plans; (b) the proposed parking areas shown on the approved plans; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition 3 above; and
Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.
That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 4 shall be in operation.
Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.
That the hours of operation of the nursery shall be as follows:
Monday to Friday 7am to 6pm
Reason: To ensure adequate parking within the site.
7. That the hours of operation of the soft play area shall be as follows:
loam to 7pm daily, unless as otherwise authorised in writing with the Planning Authority.
Reason: To ensure adequate parking within the site.
8. That before development hereby permitted starts, details of a scheme, showing a total of at least 60 car parking spaces within the development site shall be submitted for the prior approval of the Planning Authority. For the avoidance of doubt, parking bays should be 2.5 metres wide and 5 metres long, with spaces for the mobility impaired measuring 3.3 metres wide and 5 metres long.
Reason: To ensure the provision of adequate parking facilities within the site.
9. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas approved in terms of condition 8 above, 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.
10. That before the development hereby approved is commenced, details of all walls and fences to be erected within the development 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.
Background Papers:
Application form and plans received 20th June 2007
Memo from Protective Services received 6th July 2007 Memo from Transportation Section received 7'h September 2007
Letter from Euan D Smith, Facilities Manager, Organon Laboratories Ltd, Newhouse, Lanarkshire, MLI 5SH received 4th July 2007. Letter from Papillon Private Nursery, 110 Rowantree Avenue, Newhouse Estate , MLI 5RX received 19th July 2007.
Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996
Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812381.
Date: 12 September 2007 APPLICATION NO. C/07/01094/FUL
REPORT
1. Description of Site and Proposal
1.I Planning permission is sought for the change of use of an industriaVwarehouse unit to a pre- school childcare facility and soft play area at Unit 1, York Road, Chapelhall. The unit is located east of Newhouse Industrial Estate, approximately 180 metres south east of the Lancaster Avenue/Bo'Ness RoadWood hall Street roundabout. The building is a large industrial type building and extends to approximately 2797 square metres. There are 60 off-street parking facilities in association with the unit.
1.2 The proposal is to divide the unit with the front of the building being used as a pre-school nursery and the rear of the unit being used as a soft play area. The nursery will be open from 7.00am to 6.00pm, Monday to Friday. The applicant initially proposes to offer places for 40 children (eventually 50 if the business is successful) with approximately 12-16 members of staff full/part time depending on the number of children. The soft play area will be open from 10.00am to 7.00pm seven days a week. It is not possible to give an accurate number of children the business will attract it is estimated that the unit can occupy 250 children at full capacity however recent figures for this industry state that on average these facilities function at a maximum of 30% occupancy at any given time (Mintel 2006). Therefore it is anticipated that approximately 75 children could be present at any one time. There will be 4 full time staff employed during weekdays and 6-8 part time staff on the weekends for the soft play area. The application proposes no changes to the exterior of the building.
2. Development Plan
2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.
2.2 The application site is zoned as ECON3 (Allocated General Industrial Areas) and ECON7 (Offices/Business Use/Light Industry) and policy ECON 2 (Existing General Industrial Areas) is also relevant within the Monklands District Local Plan 1991.
3. Consultations and Representations
3.1 The Transportation section have concerns regarding the potential mix of parents and pre-school children and the heavy industriakommercial traffic within the industrial estate. In addition to this Organon employees use the access from Lancaster Avenue to their own staff car park which is presently used by 200-250 vehicles but has a capacity for 400 vehicles. If the application is granted it is recommended that one car parking space be provided for every two children attending the nursery and soft play area (at peak times) with the appropriate number of spaces provided in car parks related to each of the facilities, that a footpath is provided to link both entrances and that the car parking bays meet set requirements.
3.2 Education and Housing and Property Services have been consulted and have no objections to the proposal.
3.3 Following the standard neighbour notification and public advertisement procedures two letters of objection letter were received. The main reasons for objection are as follows: (i) Whilst they have no objection to the soft play facility they do object to the nursery. The area is currently zoned as industrial and not for the purpose of a nursery/soft play area. When the objectors’ planning application, for a similar change of use was approved, this was addressed by the fact that they were providing an adequate and sufficient community service which was very much required in the area.
(ii) Neighbouring business Organon has concerns regarding potential increase in traffic, parking and access problems at the entrance from Lancaster Avenue as that is the access to their staff car park which has capacity for 400 vehicles.
4. Planning Assessment and Conclusions
4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposals require to be assessed under the terms of the development plan and any other relevant material considerations. In this instance the proposals require to be assessed under policy ECON 3 and ECON 7 as zoned in the Monklands District Local Plan 1991 and local plan policy ECON 2 is also relevant.
4.2 As the industrial unit has been there for many years local plan policy ECON 2 is relevant in this instance. ECON 2 seeks to encourage the retention of the predominantly industrial character of an area although provision is made through that policy for a change of use if there are justifiable circumstances. On assessing the detailed proposals against the relevant policy and guidance, it is considered relevant that the building has not been occupied since its construction in 1997. There is no current interest in the unit for industrial/warehouse use and as such, there does not appear to be a conflict with the nursery/softplay area, or significant demand for industrial/warehouse use that cannot be met by other vacant units within the surrounding area. Whilst the applicant has not provided any evidence as part of this application of the unit advertised for LeaseISale the building has never been occupied since it was built 10 years ago. Agents Ryden have confirmed that the unit has been marketed under their clients ownership since January 2004 and the company have failed to secure a letting in this period. The unit is currently being marketed on their website. Prior to Rydens involvement it is their understanding that the previous owner also marketed the property for a longer period also without success. The most common feedback from potential occupiers is that the yard is too small for industrial and distribution requirements. Ryden have advised that it is not possible to enlarge the yard as the adjoining land is outwith their clients ownership and the relevant party is unwilling to sell.
4 .3 The applicant has also advised that there are only two similar soft toy play facilities within the AirdrieCoatbridge area serving both towns and the surrounding villages. It is considered that the proposed change of use will not have a detrimental effect on the existing character of this industrial area as the exterior of the building will remain unchanged and given the nature of the business it is unlikely that there will be similar application submitted for any of the vacant units within Newhouse Industrial Estate. With regard to the nursery the nearest known nursery to the application site is Papillon Nursery which is approximately 640 metres south east from the application site on the south side of the A8 It is accepted that there is an on going need for childcare provision at suitable locations as a means of removing constraints facing local residents in their efforts to access the labour market. The provision of such facilities in these locations can also aid employers to recruit and retain staff. Given the large numbers of employees within the adjacent industrial estate, which extends to several hundred, the proposal would offer a service in close proximity to their workplace.
4.4 The concerns expressed by the Transportation Section in relation to the mix of pedestrians and industriakommercial traffic, in particular neighbouring unit Organon are noted. There are only three units which are served by the access from Lancaster Avenue. Organon, Parcelnet and the application site. In terms of road safety there are footpath links directly to the entrance of the nursery and soft play area if people are walking to the proposed facilities. In addition to this Organon have advised that they don’t have fixed working hours and work on a flexi-time set up. They are open Monday-Friday 7am to 7pm with employees allowed to start between the hours of 7am to loam and finish between 4pm and 7pm. They have advised that their busiest times are between 8am-9am and 4pm-5pm and that the car park is for employees only with very little industrial traffic.
4.5 In addition to the issues addressed in paragraph 4.4 above the entrances of both uses share access with Parcelnet who have advised that most of their business is carried out during the night with approximately 12 staff vehicles only during the day. Again there are footpath links for pedestrians leading directly to the entrance to the soft play area (which is closest to Parcelnet) and to the nursery. Again, due to the differing times of traffic flows customers to the proposed uses will be unlikely to experience major conflict with the traffiic generated by these existing businesses and the existence of footpath links will minimise the potential for any issue with pedestrian safety in relation to the mix of pedestrians and industrialkommercial traffic.1 Therefore it is considered that the proposed development will not have a significant detrimental impact on pedestrian or road safety in general.
4.6 With regard to the parking associated with the proposal, 60 off street car parking spaces will be provided in two separate car parks to the front and rear with a pedestrian footpath to link both the nursery and soft play area entrances. Firstly, the children going to the nursery (which is closest to Organon) will be dropped-off at the facility at different times during the day and the parking will be short term. This will cause minimal interruption to the Orgenon staff cars which arrive and depart throughout the day. There may be some conflict of vehicle use at the peak hours only but this is no worse than the usual peak morning and evening flows experienced on the entire road network. There is adequate parking provision to serve the nursery use (the front car park can easily accommodate 20 car parking spaces at the recommended ratio given by Transportation). In addition, the modest numbers of staff and varying shift patterns dictates that there will also be minimal impact on parking.
4.7 Secondly, with regard to the soft play area it is unlikely that it will run constantly to full capacity and given the estimation of 75-80 people at any one time this would require 40 car parking spaces which the car park to the rear can accommodate. The nursery will not be open at the weekend when this sort of facility is likely to be at its busiest and the nursery car park to the front can be used for any overspill to offset any chance of on-street parking. I am therefore satisfied that there is adequate off street parking.
4.8 In relation to the grounds of objection these are addressed as follows:
0) This issue has been addressed in paragraph 4.2 and 4.3 above.
(ii) This issue has been addressed in paragraphs 4.4 to 4.7 above.
4.9 Following consideration of the proposals against the terms of the development plan it is concluded that while the proposal is not in accordance with policy there are material considerations which outweigh the provisions of the Plan. The development ensures the use of a building which has lain vacant for a considerable period, there is no shortage of this type of unit in the local plan area and the proposal itself is a useful facility for the area which cannot be readily accommodated in existing town or village centres. While it is accepted that there will be some conflict over traffic it is not considered sufficiently serious to warrant refusal of the proposal given the provision of parking and footpaths links. The objections raised have been addressed and no reason found to refuse the application for the reasons stated. It is therefore recommended that planning permission be granted subject to conditions.
4.10 Committee is asked to note that an objector has requested that a site visit and hearing be undertaken prior to any decision being made on this application. Application No: C/07/01220/0UT
Date Registered: 10th August 2007
Applicant: Mr A Reid 17 Bridge Street Longriggend Airdrie North Lanarkshire ML6 7SA
Development: Erection of Single Detached Dwellinghouse (Two Storey) and Garage
Location: Land To The South Of 17 Bridge Street Longriggend Airdrie North Lanarkshire ML6 7SA
Ward: 7 Airdrie North Councillors Cameron, Coyle, McGuigan & Morgan
Grid Reference: 281972670105
File Reference: C/PL/LRB693000017/SMI/LR
Site History:
Development Plan: The site is zoned as ECON 8 (General Urban Areas) in the Monklands District Local Plan 1991.
Contrary to Development Plan: No
Consultations: Scottish Water (no comment) British Gas (no objection) Scottish Power (no objection) British Telecom (no objection)
Representations: I letter of representation
Newspaper Advertisement: Not Required
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. \ ___- t, v- \, \ .... '!\ '!\ \ ,_/ ___/' \ - - - _/-- '\ _.--__-- .,-- --- // / __-- - -- _/--- Planning Application No. C/07/01220/0UT Erection of Single Detached Dwellinghouse (Two Storey) and Garage N Land to the South of 17 Bridge Street Longriggend Airdrie Representation * Not to Scale Site Area 0 0946 HA 2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the details of the hard and soft landscaping of the site (f) details of existing trees, shrubs and hedgerows to be retained; (g) details of existing and proposed site levels. (h) dropped kerb details
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 2 above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
4. That before the dwellinghouse hereby permitted are occupied 2 car parking spaces shall be provided within the curtilage of the plots and outwith the public road or footway, and thereafter be maintained as parking spaces.
Reason: To ensure the provision of adequate parking facilities within the site.
5. That before the dwellinghouse permitted are occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.
Reason: To ensure that vehicles can enter and leave the site in forward gear in the interest of road safety.
6. That PRIOR to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2005.
In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note : If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa.org.uk/guidanceor from any SEPA office).
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
7. That before the development hereby permitted starts, a desk top study describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed. Reason: To enable the Planning Authority to consider these aspects.
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 Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
9. For the avoidance of doubt, no approval is hereby given for the indicative details submitted with the planning application
Reason: To define the permission.
10. For the avoidance of doubt the dwellinghouse hereby permitted shall be restricted to two storeys in height.
Reason: To define the permission and to ensure that the dwellinghouse integrates with the surrounding streetscape.
11. That the reserved matters application referred to in condition (2) above shall include the provision of visibility splays of 2.5m by 60m from the site access onto Bridge Street. For the avoidance of doubt it should be noted that the visibility splays must be wholly within the land owned by the applicant or within the boundary of the public road.
Reason: In the interests of traffic and pedestrian safety.
12. That the reserved matters application referred to in condition (2) above shall include the provision of a 2 metre wide footway adjacent to the carriageway along the entire frontage of the application site.
Reason: In the interests of pedestrian safety.
13. That the driveway should be paved over its entire width for at least the first 2 metres.
Reason: To prevent deleterious material being carried onto the road.
14. That should the driveway fall towards the road, a drainage facility shall be provided to the satisfaction of the Planning Authority.
Reason: To prevent water from entering onto the public road.
15. That PRIOR to any works starting on site, the applicant must confirm in writing to the Planning Authority that the development can be connected to the public water network in accordance with the requirements of Scottish Water.
Reason: To ensure adequate infrastructure provision
Background Papers:
Application form and plans received 13th July 2007 Monklands District Local Plan 1991 Letter from Scottish Water received 5th September 2007 Letter from British Gas received 29th August 2007 Letter from Scottish Power received 17th August 2007 Letter from British Telecom received 24th August 2007
Memo from the Transportation Section received 10th September 2007 Memo from Protective Services received 30thAugust 2007
Letter from E Crawford, 24 Main Street, Longriggend, ML6 7RS received 24th July 2007.
Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374
Date: 13 September 2007 APPLICATION NO. C/07/01220/OUT
REPORT
1. Description of Site and ProDosal
1.1 Outline planning permission is being sought for the construction of a two storey dwellinghouse and garage on land to the south of 17 Bridge Street, Longriggend.
1.2 The site measures 40 metres deep by 26 metres wide and is bound by Bridge Street to the east, the disused railway line to the south, open space to the west and 17 Bridge Street to the north. As this application is in outline no details have been submitted with the application, however, the applicant has indicated that the proposed house would be two storeys in height.
1.3 Part of the site forms the side garden ground of 17 Bridge Street, Longrigged and part of the site is an open area between 17 Bridge Street and the disused railway line. Planning permission was granted for the construction of a dwellinghouse at 17 Bridge Street on 12 June 2002.
2. DeveloDment Plan
2.1 The site is zoned as ECON 8 (General Urban Areas) in the Monklands District Local Plan 1991. There are no strategic issues.
3. Consultations and Rewesentations
3.1 The Transportation Section was consulted and has no objections to the development subject to condition.
3.2 The Protective Services Section has advised that due to the proximity to the disused railway, a site investigation should be carried out in order to establish whether there is a possible contamination issue.
3.3 Following standard neighbour notification procedures 1 letter of representation was received. The letter does not object to the principle of constructing a dwellinghouse on the plot, however, they would like the height restricted to a single storey so that their view towards Fannyside Loch and the Campsie Hills is not obstructed as that would decrease the value of their property.
4. Plannina Assessment and Conclusions
4.1 The application site lies within an area designated as ECON 8 General Urban Areas in the Monklands District Local Plan 1991. The policy accepts the principle of mixed uses which may include, light industrial, office, business use and houses with workshops. Such uses will be considered acceptable where requirements for access, plot size, built form and amenity can be met.
4.2 The application site lies within the boundary of the Longriggend village envelope. A number of applications for ‘infill housing’ have been granted in the village in the recent past. It is considered that the plot is of a sufficient size to accommodate a dwellinghouse and meet the requirements of the design guidance on ‘Infill Housing’.
4.3 The points raised in the letter of representation are addressed as follows:
4.4 The plot is located on Bridge Street adjacent to another two storey dwellinghouse. The contributor’s property occupies an elevated position in relation to the proposed plot and is a 1 % storey house. On this basis it is considered that a precedent has been set for two storey properties on Bridge Street. It is considered that a two storey dwellinghouse would not look out of place in this location. The properties would be set apart by the rear garden ground of 24 Main Street and the disused railway. They are offset and at different levels and therefore there would not be any adverse privacy or residential amenity impact. It is acknowledged that the view from the contributor's property will alter, however, it is not envisaged that this would be so significant as to merit a height restriction to single storey in this case. Any impact on the value of a property is not a material planning consideration.
4.5 In conclusion, due consideration has been given to the points of representation raised, nevertheless, no reason has been found to uphold these. The proposal to erect a two storey dwellinghouse is considered to accord within the principles of the development plan and it is therefore recommended that planning permission be granted subject to conditions. Application No: C/07/01309/FUL
Date Registered: 25th July 2007
Applicant: Mr Williarn Twaddle Westerbowhouse Farm Bowhousebrae Road Airdrie North Lanarkshire
Agent Draffan Associates 43 Luss Brae Hamilton ML3 9UT
Development: Construction of Replacement Dwellinghouse
Location: Westerbowhouse Farm Bowhousebrae Road Airdrie North Lanarkshire
Ward: 11 Airdrie South Councillors Coyle Curley Fagan & Love
Grid Reference: 277968663932
File Reference: C/PL/GAB603000000/CMN/LR
Site History: None
Development Plan: Covered by GBI for Restricted Development in Greenbelt, HG5 for Promotion of Rural Housing Opportunities, and HGIO for Residential Development Outwith Residential Areas in the Monklands District Local Plan 1991.
Contrary to Development Plan: No
Consultations: Scottish Water (Comments) British Gas (Comments) Scottish Power (Comments)
Representations: No letters of representation received.
Newspaper Advertisement: Advertised on 8th August 2007 Planning Application No. C/07/01309/FUL
Construction of Replacement Dwellinghouse
Westerbowhouse Farm, Bowhousebrae Road, Airdrie Nottoscale Recommendation: Approve Subject to the Following Conditions:-
That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
That BEFORE the development hereby permitted starts, full details of the render to be used on the external walls 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.
The replacement roofing material shall be re-used natural slate from the existing dwellinghouse unless as is otherwise agreed in writing with the Planning Authority.
Reason: In the interests of the visual amenity of the site.
For the avoidance of doubt the quoins shall be formed in sandstone recovered from the existing dwellinghouse unless as is otherwise agreed in writing with the Planning Authority.
Reason: In the interests of the visual amenity of the site.
Background Papers:
Application form and plans received 25th July 2007
Letter from Scottish Water received 13th August 2007 Letter from British Gas received 16th August 2007 Letter from Scottish Power received 17th August 2007 Letter from Protective Services Section received 8th August 2007 Memo from Transportation Section received 10th September 2007
Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996
Any person wishing to inspect these documents should contact Mr Christopher McNey at 01236 812375.
Date: 12'h September 2007 APPLICATION NO. C/07/01309/FUL
REPORT
1. Description of Site and Proposal
1.I The property to which this application relates is a single storey detached cottage set within a remote location 250m west of the settlement of Gartness. The area is dominated by farmland and slopes down from north to south. The property is accessed by a single track that leads east to Gartness. The house is screened from Gartness by a line of trees at the Gartness settlement boundary and is orientated so that it faces south onto fields and a wooded valley with the settlement of Chapelhall in the distance. The garden is surrounded by a thick hedge that distinguishes it from the agricultural land that bounds it. The site has a detached garage, portacabin/outbuilding, caged dog kennel, and lean-to extension to the rear, with a storage container and lean-to porch extension at the front. The eastern section of the cottage is disused and the roof has collapsed. This collapsed section has a storage extension to wall height formed with corrugated iron. The external materials are sandstone random rubble although it is apparent that the walls have been re-pointed on a number of occasions. The applicant currently occupies the property.
1.2 Planning permission is sought for the replacement of the single storey cottage Westerbowhouse Farm, Bowhousebrae Road, Airdrie with the construction of a one and a half storey dwellinghouse. The applicant has provided a structural engineers report that states that the building has been repaired many times in the past and further attempts to rake out and re-point the walls of the existing cottage would leave them dangerously unstable. The proposed replacement dwellinghouse would form a 'T' shape and be sited mainly within the footprint of the existing building and therefore is essentially a renovation of the existing housing site. It would be 17 metres by 8 metres at the widest points, with an additional 3 metre projection to the west to form a sun room. The front elevation would incorporate a traditional wallhead dormer in the east and a one and a half storey projecting entrance hall. The rear would have an equivalent north projection to create the 'T' shape footprint. The overall footprint created would be 119.45m2. The maximum roof height would be 7.4 metres compared to the existing 5.5 metres but the addition of traditional chimney features on either gable would add one metre to the total height. The proposal would form two en-suite bedrooms and a third bedroom/family room on the upper floor with a lounge, kitchen and two small bedrooms on the ground floor.
1.3 Following pre-application discussions several traditional features have been added to the design including the dormer and chimney features although unusual features such as the tall eastern gable window and asymmetrical entrance hall design have remained as a unique aspect of the proposal. The external materials proposed include slate type composite roof tiles and rendered walls with quoins.
2. Development Plan
2.1 There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy which is GBI for Restricted Development in Greenbelt, HG5 for Promotion of Rural Housing Opportunities, and HG10 for Residential Development Outwith Residential Areas.
3. Consultations and Representations
3.1 The Transportation Section was consulted and requested paving and widening of the existing access. They also requested passing places be provided.
3.2 Scottish Water, Scottish Power, and Scotland Gas Networks were consulted and had no objections.
3.3 The Protective Services Section made representation and advised that a site investigation should be carried out to identify contaminants, that dust suppression measures should be put in place, and that noise and operating hours should be controlled.
3.4 The application was advertised as contrary to policy GB1 on the 8th August 2007. No objections were received as a result.
4. Planning Assessment and Conclusions
4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. As noted in paragraph 2.1 above the relevant policies within the adopted Monklands District Local Plan 1991 are GB1 for Restricted Development in Greenbelt, HG5 for Promotion of Rural Housing Opportunities, and HGIO for Residential Development Outwith Residential Areas.
4.2 Policy GB1 (Restricted Development in Greenbelt) of the Local Plan is of relevance to the determination of this application. It states that no new development will generally be permitted within the Green Belt. The Green Belt policy seeks to act as a protective device for development cont ro I: 0 to halt the outward expansion of major cities to stop built up areas coalescing 0 to protect the rural setting of towns and additionally to provide recreational opportunities
4.3 Policy HG5 (Promotion of Rural Housing Opportunities) of the Local Plan is of relevance. It recognises that it is necessary to provide adequate housing opportunities for residential development through the assembly and promotion of suitable housing sites and by encouraging the conversion and rehabilitation of existing cottages and redundant buildings.
4.4 Policy HGIO (Residential Development Outwith Residential Areas) of the Local Plan is of relevance to the determination of this application. It states that the construction of new residential properties in non-residential areas does not accord with the Local Plan unless it occurs on recognise housing sites, Secondary Core Areas, General Urban Areas, or small development sites identified by the Council. It also discourages the practice of replacing existing sound houses with new ones.
4.5 The Local Plan's Development Control Advice design guidance for 'New Houses in the Countryside' is also of relevance. It states that the Council will resist applications for new houses in the countryside except where there is an operational need. Where no operation need exists a rural house would only be considered favourably where there is an existing building or structure capable of sympathetic adaptation. The building should be inherently worthy of preservation, substantially complete up to wallhead level, should form the main part of the new building with the existing floor area not normally increased by more than 50%, and the house should generally be of traditional design and should have adequate access and drainage.
4.6 in relation to the comments from the Transportation Section it is considered that the request for paving, access widening, and formation of passing places would not be appropriate in this instance given that it is an existing access to one property.
4.7 In relation to the comments from the Protective Services Section it is considered that the request for the contamination assessment is not appropriate as the current use of the site is already residential. However the applicant will be made aware of the potential for site contamination and advised to take the necessary precautions. In terms of the requested for conditions to restrict hours of construction, noise and dust emissions these issues can be more appropriately dealt with through alternative legislation.
4.8 The GBI policy seeks to act as a protective device to halt the outward expansion of major cities, stop built up areas coalescing and protect the rural setting of towns. This proposal would not affect any of the aims as it is not considered to be the establishment of a new house and would not constitute an increase in the number of planning units. It would replace the existing property and utilise its access and utility provision.
4.9 Policy HG5 looks to promote reuse of existing buildings where appropriate, encouraging rehabilitation. The existing house has clearly been repaired on numerous occasions and has reached the stage where it is unsightly and in a state of disrepair with the roof section of the eastern side collapsed. The engineering report states that raking out of the older repair work would make the walls unsafe and so rehabilitation is not an option. The policy promotes reuse of buildings that may not have the utilities and access that the application site has but does not address the situation where an older building has come to the end of its life. It is considered that the proposal meets the essence of the policy by being sympathetic to the location and providing an improvement to the existing building without an increase in the developed area or number of planning units.
4.10 Policy HGlO states that construction of new residential properties in non-residential areas does not accord with the Local Plan unless it occurs on recognised housing sites but it is considered that as the proposal is within the footprint of an existing house it is a recognised housing site. It also discourages the practice of replacing existing sound houses with new ones but does not include existing unsound houses.
4.1 1 The design guidance covers the situation where a new house is acceptable when none exists and not where there is an inhabited dwelling that has become or is becoming uninhabitable through age. There is existing access and drainage for the site and the proposal has incorporated several traditional features. In its proposed position the replacement dwellinghouse would be screened from view from nearby settlements, within the footprint of the applicant's existing house and by virtue of its size, scale, architectural form the proposed replacement dwelling would therefore not be harmful to the character and appearance the area but instead would have a positive effect within the immediate adjacent landscape
4.12 In conclusion, having regard to the foregoing it is considered that the replacement dwelling is appropriate and in line with relevant local plan policies, through the supporting evidence provided by the applicant and the proposed design and location of the replacement structure. It is therefore recommended that planning permission be granted subject to the appropriate conditions. Application No: C/07/01329/FUL
Date Registered: 30th July 2007
Applicant: Victoria Bowling Club 29 Weir Street Coatbridge ML5 3EU
Agent R. W. Marwick 9 Dunbeth Avenue Coatbridge ML5 3JA
Development: Viewing Shelter at Bowling Club
Location: Victoria Bowling Club 29 Weir Street Town Centre Coatbridge North Lanarkshire ML5 3EU
Ward: 6 Coatbridge North & Glenboig Councillors Clarke, Shields, Wilson & McWilliams
Grid Reference: 273398665362
File Reference: C/PL/CTW135029000IWSILR
Site History: 99/00593/FUL Replacement Windows (granted 18/06/1999)
Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 HG9 Housing Policy for Existing Residential Areas ENVI 51 1 Blairhill and Dunbeth Conservation Area
Contrary to Development Plan: No
Consultations: None
Representations: I letter of representation.
Newspaper Advertisement: 8 August 2007
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 Planning Application No. C/07/01329/FUL
Viewing Shelter at Bowling Club
Victoria Bowling Club, 29 Weir Street, Coatbridge
tk Representation Background Papers:
Application form and plans received 30th July 2007 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996
Letter from K Roberts, 3 Old Manse Gardens, St John Street, Coatbridge, ML5 3UB received 30th July 2007.
Any person wishing to inspect these documents should contact Mr William Shand at 01236 812231.
Date: 7 September 2007 APPLICATION NO, C/07/01329/FUL
REPORT
1. DescriDtion of Site and ProDosal
1.I The application is for the construction of a viewing shelter at Victoria Bowling Club, 29 Weir Street, Coatbridge. The proposed development is located within the grounds of a recreational facility (Bowls) surrounded by a primarily residential area in the Blairhill and Dunbeth Conservation Area.
1.2 The applicant proposes to erect a glazed viewing shelter for the purposes of watching bowls. The viewing shelter would be 6.57m in length and 4.18m in width with a height of 3.85 metres. The viewing shelter would be primarily glazed and would have a felt roof. It would be situated on the North West corner of the Bowling Ground on an area of raised dabbing. The viewing area would have two entrances, one to the east end and one to the west end of the structure.
2. Development Plan
2.1 The relevant development plan is the approved Glasgow and Clyde Valley Joint Structure Plan 2000 and the Adopted Monklands District Local Plan 1991.
2.2 The Victoria Bowling Club is located within an area covered by the ENVl5/1 and HG9 policies of the adopted Monklands Local Plan. ENVI31 indicates that the Bowling Club is found within the Blairhill and Dunbeth Conservation Area which signifies the need for greater attention to the impacts on the visual amenity of the area from the proposed development. The HG9 policy (Housing Policy for Existing Residential Areas) states that all planning applications in existing residential areas shall conform to the relevant Development Control Advice.
3. Consultations and Representations
3.1 Following the standard neighbour notification procedure 1 letter of representation was received. The terms of objection can be summarised as follows:
(a) The position of the proposed viewing shelter is directly adjacent to the back door of their property and would have an adverse affect.
(b) The viewing shelter would protrude above the wall ruining the owners view from their property.
(c) There would be an increase in the level of noise due to individuals congregating to watch bowls.
(d) There is concern that the shelter will be used as an extension to the Clubhouse in which it will be used for people to drink alcohol and smoke, increasing the noise levels at night.
(e) There are already viewing areas available for people to watch the bowls from.
(9 An alternative site within the grounds in the North East corner would be more suitable
4. Plannina Assessment and Conclusions
4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. 4.2 It is considered that the viewing shelter would not adversely affect the amenity of the Conservation area.
4.3 The creation of the viewing shelter would provide an area of cover from weather conditions such as sun or wind for individuals to watch the sport. The size and scale of the proposed development would not have an adverse affect on the amenity of the area, and the existing boundary treatment should almost sufficiently screen the shelter from the neighbouring properties. Only the top of the shelter will be viewed by neighbouring properties. This development is seen as appropriate for a recreational facility and does not contradict the policy of the development plan.
4.4 In relation to the grounds of objection, the following comments can be noted:
(a) As stated although the shelter would be adjacent to the neighbouring property and could be seen by the owners of that property there will be no privacy or overshadowing effects by the proposed development and it would also not affect the visual amenity of the area as this type of structure could be expected in a Bowling Ground.
(b) The viewing shelter will only protrude around 1Sm above the wall and will have little affect on the view for the neighbour as their property is on a higher level. The viewing shelter would also be set off the Western wall meaning the viewing shelter will be a reasonable distance from the neighbouring house and should not obstruct their view from their house.
(c) The creation of the viewing shelter would not result in an increase in the number of individuals attending bowls matches at this ground. Therefore the level of noise that is created at present will not increase. There is a concern that more people will congregate in that corner however there is already seating in this area and other sheltered seating is provided around the ground. The new shelter would only provide greater choice of viewing areas and it is doubtful that everyone would congregate in this corner. Furthermore there is already seating there are present, this shelter will only provide cover for those seated there and should not contribute to further noise.
(d) Regarding the concern over an increase in noise from individuals congregating there to smoke and drink alcohol it can be stated that the applicant has made an application for a viewing shelter, not for a beer garden or a smoking shelter. The applicant has stated in the planning application form that it will not be used for the consumption of alcohol nor would it be suitable for a smoking shelter as it is almost fully enclosed. Due to this, if the shelter were to be used for these activities it would contravene the planning permission that was granted and also would be regulated under legislation out with planning policy. Therefore this matter is controlled through other legislation. Furthermore, the objector is concerned that the noise levels will increase due to the creation of the viewing shelter as people would congregate there to drink. However this would not be the case. Although people already stand outside to smoke and drink the creation of a viewing shelter would not increase the number of individuals attending the club. Therefore the noise levels would not increase. Also with the viewing shelter not being attached to the clubhouse it cannot be seen as an extension to the clubhouse for related activities.
(e) Although there are already viewing areas present within the ground, this viewing shelter will provide choice for those attending bowls matches. Also there are no regulations on the number of viewing areas permitted or convenient within a Bowling Ground therefore there is no reason why the viewing shelter may not be built.
(9 The proposed alternative site would require the removal of other structures to accommodate the viewing shelter. At present there is a flag pole and floodlighting in place at this corner which would need to be moved elsewhere. Also there is less available space in this corner which may make entering the viewing shelter considerably more difficult. 4.5 In conclusion, having regard to the foregoing, the proposal is considered to be acceptable in terms of the visual amenity of the surrounding area. Its scale, height and appearance would not adversely affect the amenity of the Conservation Area that is found. It is therefore recommended that the application be granted subject to the recommended conditions. Application No: C/07/01392/FUL
Date Registered: 10th August 2007
Applicant: Mr and Mrs Stormonth 39 Wick Avenue Airdrie ML6 9TY
Agent Alcon Design 30 Ellisland East Kilbride G74 3SF
Development: Two Storey Side Extension to Dwellinghouse
Location: 39 Wick Avenue Cairnhill Airdrie North Lanarkshire ML6 9TY
OWard: 11 Airdrie South Councillors Coyle Curley Fagan & Love
Grid Reference: 275475664019
File Reference: C/PL/AIW530039000/CM N/LR
Site History: 98/00771/FUL Amendment to House Types (plots 66 and 67)
Development Plan: Covered by HG9 Housing Policy for existing Residential Areas in the Monklands District Local Plan 1991, including Finalised First Alterations A, B & C September 1996
Contrary to Development Plan: No
Consultations: None
Representations: 4 letters of representation
Newspaper Advertisement: Not Required
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. Planning Application No C/07/01392/FUL
Two Storey Side Extension to Dwellinghouse and First Floor Rear Extension to Dwellinghouse
39 Wick Avenue, Cairnhill, Airdrie Nd to Scale Background Papers:
Application form and plans received 10th August 2007
Letter from Mrs John & Aileen Ramsay, 45 Wick Avenue, Airdrie, ML6 9TY received 23rd August 2007. Letter from Mr John Lyon & Mrs Catherine Lyon, 43 Wick Avenue, Cairnhill Grove, Airdrie, ML6 9TY received 23rd August 2007. Letter from S. Robertson, 37 Wick Avenue, Cairnhill, Airdrie, ML6 9TY received 27th August 2007. Letter from Mr & Mrs Lyon, 43 Wick Avenue, Airdrie, ML6 9TY received 3rd September 2007.
Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996
Any person wishing to inspect these documents should contact Mr Christopher McNey at 01236 812375.
Date: 7thSeptember 2007 APPLICATION NO.C/07/01392/FUL REPORT
1. DescriDtion of Site and Proposal
1.I The property to which this application relates is a two storey detached house and its garden ground. The building is located within a predominantly residential area. The property is bounded to the south by Wick Avenue, and to the east, north, and west by neighbouring residential properties. The house is orientated so that it faces south-south-east and is one of two detached properties within the street. The site has a single storey rear extension and a front and side (east) monoblock drive. The site is at a lower level than those properties to the east and a higher level than the properties to the west (by 1 metre). The external materials are grey concrete roof tiles with beige facing brick and red brick banding.
1.2 Planning permission is sought for the construction of a two storey extension to the side (west) elevation of the dwellinghouse at 39 Wick Avenue, Airdrie. The proposed extension would project 2.95 metres from the side of the dwelling, and would be 7.205 metres long. It would be set back from the frontage by 2.335 metres and set off the western side boundary by 1 metre. The roof would be double pitched and follow the existing roofline sloping down to the front and rear. The maximum height of the western gable is 7.6 metres but the ground level falls to the west so that the maximum roofline of the proposal would be 8 metres above the neighbouring drive. The overall footprint created would be 22 square metres. The extension would provide a dining room and extended lounge on the ground floor with a bedroom on the first floor. There would be a three panel window from the ground and first floor on both the front and rear elevations. There would be no windows on the gable facing the western neighbour. There would be no changes to the existing car parking arrangements. The finishing materials proposed would match the existing.
2. DeveloDment Plan
2.1 There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy which is HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991.
3. Consultations and Representations
3.1 The Traffic and Transportation Section were consulted but did not respond.
3.2 Four letters of objection have been received, three letters from the occupants of the properties to the east at 43 and 45 Wick Avenue including one requesting a hearing, and one letter from the neighbour to the west at 37 Wick Avenue. The objections can be summarised as follows: . Loss of sunlight to all properties Overbearing effect and dominance of property within street Engineering difficulties
3.3 The objections relate to the original proposal that included a first floor rear extension as well as the two storey western side extension. The rear extension has subsequently been removed from the proposal.
4. Plannina Assessment and Conclusions
4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. Of particular relevance is the design guidance noted below. 4.2 Policy HG9 of the adopted Monklands District Local Plan 1991 is of relevance to the determination of this application. It states that house extensions will generally be permitted so long as they comply with the Development Control Advice outlined by the District Council.
4.3 The Development Control Advice design guidance for 'House Extensions' is of relevance to the determination of this application.
4.4 The advice states that extensions should relate to the scale and design of the original house and should not affect the amenity of neighbours. It should integrate into the surroundings by virtue of its scale, form, proportions and materials and it should not result in any significant loss of daylight, sunlight or privacy to adjoining properties as a result of overshadowing or overlooking. In the case of an extension its positioning and proportions should be in keeping with the existing building and should be finished in materials with colours and textures which complement the existing building and other buildings in the locality. The guidance also states that side extensions should leave garden ground appropriate for the size of the house and plot and access to the rear should be maintained.
In response to the above points of representation;
4.5 SunlighffDaylight There would be no adverse sunlight reduction for any of the eastern properties as the rear extension has been removed from the application. The western property would be gable to gable with the proposed extension. This property has only a small single obscure glazed first floor window on its gable. The extension would be 4 metres from this gable which allow direct sunlight to the single window for a short period before noon which is consistent with the existing conditions. The orientation of the building results in the majority of shadowing caused by the extension to fall over the applicant's garden.
4.6 Dominance The building is larger than the neighbouring buildings but the plot is also larger. The design guidance states that extensions should not be so large as to overwhelm the original house or drastically change its character and it is considered that the proposal meets the design guidance in that it is set back from the frontage, is set off of the side boundary, and is clearly subservient to the main building. The streetscape has side extensions to semi-detached properties notably at the semi-detached properties of 47 and 49 Wick Avenue where two storey rear and side extensions have previously been approved and the proposal would allow for more garden area to be retained than on those sites.
4.7 Technical issues The objection relating to the engineering difficulties of the site will be dealt with through a building warrant application. An informative should be appended highlighting that the applicant should satisfy themselves of the underlying ground conditions.
4.8 In its proposed position the extension would be in the western side garden of the applicant's house. By virtue of its size, scale, architectural form and positioning on the side of the house the proposed extension would not be harmful to the character and appearance of the house or of the character and appearance of the area. The proposed extension would not constitute an overdevelopment of the house plot as the resultant garden area would be acceptable. The parking arrangements would be retained and there would continue to be adequate access to the rear from either side of the house. The external materials proposed match those existing on site. Therefore it is considered that this proposal would integrate satisfactorily with the adjacent properties, and would cause no adverse amenity effects in relation to their sunlight/daylight or privacy and I recommend permission be granted subject to the recommended conditions. Application No: C/07/01426/AM D
Date Registered: 17th August 2007
Applicant: Rosemount Taverns Ltd 5 Fitzroy Place Glasgow G3 7RH
Agent John Russell Partnership Ltd Anderson House Dundyvan Road Coatbridge ML5 ID6
Development: Construction of Vestibule
Location: 121 - 123 Hallcraig Street Town Centre Airdrie North Lanarkshire ML6 6AW
Ward: 8 Airdrie Central Councillors Devine, Logue & Stocks
Grid Reference: 276542665580
File Reference: C/PL/AIH042000121/SMI/LR
Site History: C/07/00193/FUL Change of Use from Yard to Enclosed Beer Garden granted 12 June 2007
Development Plan: The application site is located within an area designated as ECON 9 (Secondary Core Areas) in the Monklands District Local Plan 1991.
Contrary to Development Plan: No
Consultations:
Representations: I letter of representation
Newspaper Advertisement: Not Required
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.
Reason: In the interests of the visual amenity of the area.
3. That the vestibule extension hereby permitted must be constructed prior to the beer garden, granted permission in 12 June 2007(C/07/00193/FUL) first coming into use.
Reason: In the interests of residential amenity.
Background Papers:
Application form and plans received 17th August 2007 Monklands District Local Plan 1991
Letter from M. Fisher, 23 Forsyth Street, Airdrie received 28th August 2007.
Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.
Date: 12'h September 2007 APPLICATION NO. C/07/01426/AMD
REPORT
1. Descrbtion of Site and Proposal
1.1 Planning permission is being sought for the construction of a single storey extension to Dellets Bar 121-123 Hallcraig Street, Airdrie.
1.2 Dellets Bar is an established Public House located on the corner of Hallcraig Street and Forsyth Street in Airdrie. The building occupies the end of a row of single storey traditional terraced houses. As a town centre premises there is no dedicated vehicular access or parking provision.
1.3 Planning permission (C/07/00193/FUL) was granted on the 12 June 2007 for the formation of a beer garden within the rear yard area. Condition 4 attached to the permission requires the installation of double doors to the beer garden to protect the amenity of the nearby residential properties. in order to provide the required double doors the applicant has chosen to erect a small rear extension rather than to create double doors within the building itself.
1.4 The applicant proposes to erect a single storey ‘lean-to’ style vestibule extension to the rear of the public house. The proposed extension measures 2.lm by 1.6m and has a roof height of 2.lm rising to 2.2m. The vestibule will create a double door to the beer garden from the lounge area of the pub and will be finished in materials to match the existing rear elevation.
2. Development Plan
2.1 The application site is located within an area designated as ECON 9 (Secondary Core Areas) in the Monklands District Local Plan 1991. There are no strategic implications.
3. Consultations and Representations
3.1 No consultations were required.
3.2 Following the standard neighbour notification procedures 1 letter of representation has been received from 23 Forsyth Street, Airdrie. This letter objects to the application on the grounds that the beer garden will create additional noise.
4. Planninn Assessment and Conclusions
4.1 This application raises no strategic issues and can therefore be assessed in terms of current local plan policies. The application site lies within an area designated as ECON 9 Secondary Core (Retail) Areas in the Monklands District Local Plan 1991. This policy supports the principle of mixed uses.
4.2 The proposed vestibule extension is small in size with a foot print of 3.36sq.m. It reflects the style of the existing rear extension and will be screened from Hallcraig Street by the pub building itself and from Forsyth Street by an approximately 2m high brick wall.
4.3 The objection raised by the neighbouring property is not a material planning consideration when assessing this application. Planning permission has been granted for the formation of the beer garden and it is only the construction of the vestibule which is under consideration. The vestibule is being built to accord with condition 4 of the previous planning permission in order to minimise noise transferring from within the pub to the outdoor beer garden.
4.4 The location, size and design of the vestibule are considered acceptable and it will not impact on the character of the existing building or surrounding area. The vestibule extension provides the required double doors as specified in condition 4 of the previous application (C/07/00193/FUL) and is considered to be an acceptable solution. It is therefore recommended that planning permission be granted subject to the attached conditions. Application No: S/06/01965/FUL
Date Registered: 6th December 2006
Applicant: Aldi Stores Ltd Junction 4 - M8 EH48 2EA
Agent Turley Associates 80 St Vincent Street Glasgow G2 5UB
Development: Construction of Retail Store (1607 Square Metres Gross), Three Retail Units (Total 1915 Square Metres Gross), Associated Car Parking and Servicing
Location: Former Somerfield Site Glasgow Road Wishaw ML2 7QJ
Ward: 18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine
Grid Reference: 278944 655173
File Reference: SIPLIBFII 0/17/MD/MM
Site History: S/96/10205/FUL Erection of Bingo Hall, Drive Thru Restaurant and 2500 Sq ft Retail Unit - Granted September 1996
S/01/01686/FUL Change of Use From Cinema (Class 11) to Retail Units (Class 1) and Installation of Shop Fronts - Granted March 2002
S/07/00305/FUL Renewal of Application S/01/01686/FUL Change of Use from Cinema (Class 11) to Retail Units and Installation of Shop Fronts - Granted June 2007
Development Plan: The site is covered predominantly by policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan, Finalised Draft (Modified June 2001, 2004 and 2005)
Contrary to Development Plan: No
Consultations: Scottish Environment Protection Agency (No Objection) Scottish Water (No Objections) Strathclyde Police (Wishaw) (Comments) Scottish Natural Heritage (Comments)
Representations: No letters of representation received
Newspaper Advertisement: Advertised on 20th December 2006 Produced by North Lanarbh re Councll Planning Appllcatlon No S I06 I 01965 I FUL Planning and Environment Dept Fleming House ZTrystRoad Curnbarnauld G67 1JW Construction of Retail Store (1607 Square Metres Gross), te 01236616210 fax 01236 616232 Three Retail Unlts (Total 1915 Square Metres Gross), This map is reproduced ImmOidnance SUhey Associated Car Parking and material Mth the 1)8mwson of Oidnam SurVBv on bohallofthe Controller 01 He, Ma~e61,'S Former Somefield Site Glasgow Road, Wlshaw ML* 7QJ aat,OnP,yOn,Ce OC,wncopyi,ght Unal,thoned iepmduction nimgesCrown caprright and may lead to ~rose~ittonoi civil pioceedingb Site Area = 1 73 ha NoRh Lanarkshre Council 100023340 2004 Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts full details of existing and proposed 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: In the interests of amenity by ensuring that levels are appropriate for the site and the general area.
3. That before the development hereby permitted starts full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by, the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: In the interests of amenity by ensuring that external materials are appropriate for the site and the general area.
4. That before the development hereby permitted starts full details of the boundary 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: In the interests of amenity by ensuring that walls and fences are appropriate for the site and the general area.
5. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: "The Investigation of Potentially Contaminated Sites" or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model and shall be submitted in both hard copy and electronic format. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Any remediation work required must be completed and verification provided by the developer prior to works commencing (or such other timescale as may be agreed in writing) to the satisfaction of the Planning Authority.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of the retail stores' staff and customers.
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; the landscaping scheme shall include the planting of trees as well as shrubs and shall incorporate biodiversity species rich planting; (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 schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site; and (e) a scheme for the continuing care, maintenance and protection of the approved landscaping. Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.
7. That before any part of the development hereby permitted is brought into use 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 schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the opening of the last of the retail stores hereby permitted, 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.
8. That before any part of the development hereby permitted is brought into use the management and maintenance scheme approved under the terms of condition 6 shall be in operation.
Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.
9. That, in accordance with the approved bat mitigation strategy, before the development hereby permitted starts confirmation shall be submitted that the following measures have been put into place. (a) All site workers shall be inducted in relation to any ecological requirements on the site including emergency procedures and any exclusion zones if present; (b) An emergency procedure shall be in place should a bat roost be encountered during operations. All work shall cease in the area immediately and specialist advice shall be sought to determine any mitigation requirements i.e. suitable set backs or buffer zones. Shall it not be possible to alter plans a license shall be applied for from the Scottish Executive; (c) An Ecological Watching Brief shall be in place to ensure that due consideration is given to ecological requirements through the construction phase. The Ecological Watching Brief shall be overseen by a suitably qualified ecologist.
Reason: In the interests of the ecological wellbeing of the site,
10. That before any of the buildings hereby permitted are brought into use, all parking, manoeuvring and servicing areas shall be completed to the satisfaction of the Planning Authority.
Reason: In the interests of road safety by ensuring that there is adequate parking and manoeuvring areas.
11 That visibility splays of: (a) 4.5 metres by 60 metres, measured from the road channel, shall be provided within the application site on both sides of the service vehicular access onto Marshall Street, and (b) 4.5 metres by 90 metres, measured from the road channel, shall be provided within the application site on both sides of the customer vehicular access onto Glasgow Road, (c) and before the development hereby permitted is brought into use everything exceeding 1.05 metres in height above the road channel level shall be removed from the above sight line areas within the development site and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of road safety by ensuring that appropriate sight lines for the customer and service vehicular accesses are maintained within the application site.
12. 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 for the approval of 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 Drawing No. 0105-WIS-EXT-PL-D-00102 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 the retail stores' staff and customers.
13. That the SUDS compliant surface water drainage scheme approved in terms of Condition 12 above 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 occupation of the last unit within the site, whichever is the earlier, 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 the retail stores' staff and customers.
14. That noise associated with the servicing arrangements and the refrigeration plant and ventilation system to be installed within the building hereby permitted shall not give rise to a noise level, assessed with the windows closed, within any dwelling or noise sensitive buildings in excess of that equivalent to Noise Rating Curve 35 between the hours of 7:OO a.m. and 1O:OO p.m. and Noise Rating Curve 25 at all other times.
Reason: In order to reduce the noise impact of the proposed development.
15 That deliveries to the site shall be restricted to 0700 to 2300 daily or such other times as may be agreed in writing beforehand by the Planning Authority.
Reason: In order to reduce the noise impact of the proposed development.
16. That before the development hereby permitted starts, details of a scheme to discourage shopping trolleys being removed from the immediate environs of the retail units shall be submitted to and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
17. That before the retail stores hereby permitted are brought into use, the shopping trolley scheme approved under the terms of Condition 16 shall be fully operational.
Reason: In the interests of the amenity of the surrounding area.
18. That before any external floodlighting is installed on the buildings or car park, full details shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of the amenity of the surrounding area. Background Papers:
Application form, Planning Statement, Retail Impact Assessment and plans received 24th November 2006 Transport Assessment received 14th March 2007 Noise Assessment received 14th March 2007 Bat Ecological Assessment received 22nd May 2007 Drainage information received 2nd April and 20th August 2007
Memo from Transportation Team Leader received 17th January, 5th June and 9th August 2007 Memo from Geotechnical Team Leader received 25th January 2007 Memo from Head of Protective Services received 1 1th January 2007 and e-mail received 15th June 2007 Memo from Countryside and Landscape Manager received 8th February 2007 Letter from Scottish Environment Protection Agency received 21st March and 8th August 2007 Letter from Scottish Water received 22nd December 2006 Letter from Strathclyde Police (Wishaw) received 22nd December 2006 Letter from Scottish Natural Heritage received 21st February and 4th April 2007
Glasgow and Clyde Valley Structure Plan 2000 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)
Any person wishing to inspect these documents should contact Mr Martin Dean at 01698 302132.
Date: 7th September 2007 APPLICATION NO. S/06/01965/FUL
REPORT
1. Description of Site and Proposal
1.1 The application is for the construction of a retail store (1607 square metres gross) and three retail units (total 1915 square metres gross) plus the associated, car parking and servicing at the former Somerfield site, Glasgow Road, Wishaw. Customer access is via the former access to the site which currently serves McDonalds restaurant. Service access is via the former service access from Marshall Street. It should be noted that the three proposed retail units have internal and external designs that would permit them to be subdivided into a maximum of six units. The site currently contains the empty Somerfield and former cinema buildings plus the operating McDonalds restaurant.
1.2 The application is accompanied by a Planning Statement, a Retail Impact Assessment, a Transport Assessment, a Noise Assessment, a Bat Ecological Assessment and drainage information.
2. Development Plan
2.1 The proposal exceeds the relevant retail floorspace threshold and as such requires to be considered under the Glasgow and Clyde Valley Joint Structure Plan 2000 as well as the local plan.
2.2 Relevant Structure Plan policies are as follows; Strategic Policy 6(c)( 1): Assessment of Significant Retail Development Proposals. Strategic Policy 9: Assessment of Development Proposals.
2.3 The site is covered predominantly by policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan, Finalised Draft (Modified June 2001, 2004 and 2005).
3. Consultations and Representations
3.1 Scottish Environment Protection Agency: No objections subject to foul and surface drainage being directed to the public sewer and that Sustainable Urban Drainage (SUDS) principles be applied.
3.2 Scottish Natural Heritage: No objections subject to the implementation of the mitigation measures contained within the submitted Bat Ecological Assessment.
3.3 Strathclyde Police: The cinema and Somerfield store which previously operated from the site were subject to occasional crime. There is concern that the rear service area may attract criminal activity due to the unsupervised nature of Marshall Street. They recommend that the rear yard be gated and that the fencing chosen should be 2.4m high palisade rather than 1.8m high wooden fencing. They note that it would be preferable for each yard to have its own secure area, however this is unlikely to be achievable.
3.4 Scottish Water: No objections. A totally separate surface water drainage system will be required and should incorporate SUDS.
3.5 My Transportation Team Leader has concerns over the substandard parking provision (197 spaces proposed which is 15 spaces below the guideline figure) and the interference of an existing bridge abutment with the visibility splay from the service access. He is, however, prepared to accept the reduced parking provision on the basis that it is unlikely to result in overspill parking on adjacent public roads.
3.6 My Geotechnical Team Leader has indicated no basic objections to the SUDS based proposed drainage system subject to conditions requiring the submission of further information.
3.7 My Pollution Control Team Leader has requested that a site investigation be carried out and has commented on potential nuisance during construction works. He has no objections to the terms of the submitted Noise Assessment.
3.8 My Countryside and Landscape Manager has no major ecological or landscape objections to the proposal. It is recommended that as the site is on a primary route through the town centre careful consideration should be given to the site frontage and appropriate planting should be undertaken. Landscaping would also help mitigate the impact of the development at the rear.
3.9 The application was advertised in the local press in relation to incomplete neighbour notification information. No public representations have been submitted for or against the application.
4. Plannim Assessment
4.1 The proposal requires to be assessed under the terms of the development plan and any other relevant material considerations.
4.2 This application is of a scale that is considered to be significant in terms of Structure Plan Strategic Policy 9. In order to accord with the Structure Plan the proposed development requires to be assessed against three criteria contained in Strategic Policy 9. These three criteria are; The case for the development can be established The location is appropriate and The developer has made the appropriate provision for infrastructure.
(a) It is concluded in the submitted Retail Impact Assessment that the proposed development will not have an adverse impact on Wishaw Town Centre. Structure Plan Technical Note TR7/06 was issued in April 2006 and indicated that there is a surplus of convenience goods floorspace capacity and a deficit of comparison goods floorspace capacity in the Wishaw and Carluke catchment area. This, however, is not relevant to the currant application as the proposal represents a reduction from existing approved retail floorspace on the application site, with the existing approved floorspace already having been factored into the catchment area retail calculations. The following retail planning permissions have been granted on the application site. S/96/10205/FUL Erection of Bingo Hall, Drive Thru Restaurant and 2500 Sq ft Retail Unit - Granted September 1996 S/01/01686/FUL Change of Use From Cinema (Class 11) to Retail Units (Class 1) and Installation of Shop Fronts - Granted March 2002 S/07/00305/FUL Renewal of Application S/01/01686/FUL Change of Use from Cinema (Class 11) to Retail Units and Installation of Shop Fronts - Granted June 2007 It should be noted that the approved bingo hall was converted to a cinema under planning permitted development rights. The subsequent approval for the retail use of the cinema, although never implemented, is still valid and provides 2,790 sqm gross of approved retail floorspace. The recently closed Somerfield store on the site has a floorspace of 1,480 sqm gross. As such there is 4,276 sqm gross of approved retail floorspace, which compares with the 3,522sqm gross of retail floorspace currently being applied for. This proposed reduction from the previously approved retail floorspace is an important consideration in accepting the conclusions of the Retail Impact Assessment and in determining that this is an appropriate amount of floorspace for a secondary shopping area. It should be noted that the current proposals cover the full application site and, as such, it is not possible to implement parts of different retail planning permissions at the same time. In view of the retail planning history of the site I am content that a case for the development can be established.
(b) The second criterion relates to the acceptability of the location of this development and requires that a sequential approach be taken to proposals for retail development. This approach is set out in NPPG 8 “Town Centres and Retailing”. Preference should be given firstly to town centre sites followed by edge of centre sites and only then by out of centre sites that can be accessed by a range of Transport. The new store will be located at an edge of centre site as defined by the Local Plan. There are no alternative sites capable of accommodating the development within the town centre.
(c) The developer can make appropriate provision for infrastructure and conditions are recommended to ensure this.
The proposal is considered to be significant in scale in terms of Strategic Policy 9, however as it satisfies the above criteria it is not deemed to be a departure, consequently the proposal does not need to be assessed under Strategic Policy 10.
4.3 The site is covered predominantly by policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan, Finalised Draft (Modified June 2001, 2004 and 2005). This policy encourages the expansion of retail floorspace of an appropriate scale for the area within which the application is located. Taking account of the increased amount of previously approved retail floorspace on the site (see 4.2 above) it is considered that the size of the proposed development is appropriate and, as such, this policy is complied with.
4.4 Policy L 2 (Leisure Development) of the above Finalised Draft Local Plan covers the previously approved bowling alley/ cinema part of the application site. This policy seeks to encourage and support the provision of a suitable quality and range of leisure development in the plan area. This policy is no longer relevant as planning permission has previously been granted to convert the cinema to retail use.
4.5 Policy TR 13 Assessing the Transport Implications of Development indicates that the Council will consider various transportation criteria through the assessment of planning applications. This includes the level of traffic generated and its impact on the environment, the impact of the proposal on road traffic circulation and road safety, provisions made for access, parking and vehicle manoeuvring. With respect to parking the proposed 197 spaces represents a shortfall of 15 spaces from the guideline figures contained within Strathclyde Regional Council Guidelines 1995. Although this is disappointing it has been concluded by the Transportation Team Leader that this is acceptable on the basis that there will be some linked trips between the different retail outlets and the fast food restaurant on the site and it being unlikely that there will be any over spill parking on adjacent public roads. The Marshall Street railway bridge interference with the service yard access sight lines is an existing situation that can not be remedied. The proposed service yard access is similar to that recently used for the Somerfield store. A planning condition requires that the appropriate service yard and main access sight lines be maintained over land within the application site. On balance it is considered that the application complies with the terms of policy TR 13.
4.6 Taking the above into account it is considered that the proposed retail development accords with the Development Plan.
4.7 With respect to matters raised in consultation responses I would comment as follows: Scottish Environment Protection Agency: As advised Sustainable Urban Drainage (SUDS) principles are proposed. Scottish Natural Heritage: Planning conditions require that the mitigation measures contained within the submitted Bat Ecological Assessment be implemented. Strathclyde Police: The potential criminal activity comments are noted. The need for noise mitigation from the rear service yard means that 1.8m high timber screen fencing is necessary rather than the recommended 2.4m high palisade fencing. The proposed layout does not lend itself to the suggestion that each yard have its own secure area. Scottish Water: As advised Sustainable Urban Drainage (SUDS) principles are proposed. My Transportation Team Leader’s initial concerns over substandard parking provision has been allayed through consideration of further information submitted on behalf of the applicants. This is as covered in 4.5 above. The interference of an existing bridge abutment with the recommended visibility splay from the service access has to be accepted. A planning condition requires that recommended visibility splays be maintained within the application site. As requested by my Geotechnical Team Leader further drainage information has been submitted. A planning condition requires that this be approved prior to works starting on site. My Pollution Control Team Leader’s comments have been followed up by the imposition of conditions requiring that a site investigation be carried out and that specified noise levels at the adjacent dwellinghouse are not exceeded. My Countryside and Landscape Manager’s main recommendations concerning landscaping provision have been covered by planning conditions. Further consultation with this section will be undertaken once landscaping details have been submitted.
5. Conclusion
5.1 The proposed retail development accords with the Development Plan and is acceptable in terms of design, layout and other matters. This is a suitable site for retail development, being on a bus route, being close to the town centre and with the site being zoned as a secondary shopping area. The current proposal will have less retail impact than would be the case with previously approved retail developments with a greater floorspace. As such, it is recommended that planning permission be granted. Application No: S1071005171AMD
Date Registered: 29th March 2007
Applicant: Wishaw and District Housing Association 55 Kirk Road Wishaw ML2 7BL
Agent Coltart Earley 11 Clairmont Gardens Glasgow G3 7LW
Development: Amendment to Consent S/04/00645/FUL: Residential Development Consisting of 32 Dwellinghouses and 14 Flatted Dwellings (Addition of Two Dwellinghouses and Substitution of Housetypes)
Location: Land North Of 92 - 110 Woodside Crescent Newmains
Ward: 19 Murdostoun: Councillors Martin, McKendrick, Shelvin and Taggart
Grid Reference: 282945656807
File Reference: S/PL/B/3/5O/LMU/G F
Site History: 66/90 - Outline consent for a residential development granted 2"d August 1990 60/90A - Detailed permission for 39 plots and access road granted 3" July 1991 96/521 - Permission for 23 houses on western part of site, granted 25'h July 1997 S104/00645/FUL: Detailed permission granted for 14 flats and 32 houses granted 7'h December 2006
Development Plan: The site is covered by Policy HSG 2 (Housing Development Opportunities) in the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005)
Contrary to Development Plan: No
Consultations: Scottish Natural Heritage (Comments)
Representations: 2 letters of representation received
Newspaper Advertisement: Not Required Produced by Planning Application S / 07 / 00517 / AMD North Lanarbh re Cowcl Planning and Envimnnent Oept Flemirg Home 2TryslRoad Amendment to Consent S/04/00645/FUL Residential Development CumbelnaUld 067 lJW rei 01236ale2lo Consisting of 32 Dwellinghouses and 14 Flatted Dwellings iex 01236616232 (Addition of Two Dwellinghouses and Substitution of Housetypes) Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started not later than 7th December 201 1
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That before any of the dwellings hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition (3) above, shall be erected.
Reason: In order to protect the amenity of future residents.
5. That before the development hereby permitted starts, a scheme of landscaping incorporating native species 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) a time table for the implementation of these works contemporaneously with the development.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. That all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be implemented in accordance with the approved timetable and shall be completed before the last unit is occupied and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 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 order to protect the visual amenity and habitat value of the site and in order to retain an effective and suitable green belt boundary.
7. Notwithstanding the terms of condition (5) above, no trees within the development site shall be lopped, topped or felled within the bird breeding season between March to August inclusive.
Reason: To safeguard that nature conservation of the area.
a. That before the development hereby permitted starts, a scheme for the provision of an equipped play area within the site to comply with the councils play area and open space standards, hatched BLUE on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b).. details of the surface treatment of the play area(s), including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area(s).
Reason: To ensure the provision of adequate play facilities within the site.
9. That before occupation of the last unit within the development hereby permitted, all the works required for the provision of equipped play area and, included in the scheme approved under the terms of condition (8) above, shall be completed.
Reason: To ensure the provision of adequate play facilities within the site.
10. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas shown on the approved plans, the landscaping details agreed through condition 5, the play area agreed through condition 8 and the continuing maintenance of the SUDS/surface water drainage infrastructure agreed through condition 18.
Reason: To enable the Planning Authority to consider these aspects in detail.
11. That before the occupation of the last unit, the management and maintenance scheme approved under the terms of condition 10 shall be in operation.
Reason: To ensure proper maintenance of the area.
12. That before any of the dwellings hereby permitted are occupied 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: To ensure the provision of adequate parking facilities within the site.
13. That no dwelling hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
14. That before the last of the dwellings hereby permitted are occupied, 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 notwithstanding the requirements of condition (3) above, before the development hereby permitted starts details of and a timetable for the implementation of a site entrance feature before the last unit is occupied shall be submitted to and approved by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
16. That the site entrance feature approved under the terms of condition (15) above shall be completed to the satisfaction of the Planning Authority in accordance with the approved timetable. Reason: In the interests of the visual amenity of the site and in order to clearly identify the site entrance in the interests of road safety.
17. 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 to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure that there is sufficient capacity in the sewerage and water supply systems to allow the residential development to proceed.
18. That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme requires to comply with the Scottish Environment Protection Agency principles of Sustainable Urban Drainage Systems and with any requirements of Scottish Water. Thereafter, once completed, written confirmation, from a suitably qualified engineer, shall be submitted to the Planning Authority, confirming that the drainage system has been installed in accordance with the approved scheme. Any change to the site layout as a result of this scheme will require an amendment planning application to be submitted to and approved by the Planning Authority before development proceeds.
Reason: To safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance and Scottish Water requirements.
19. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by 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 as part of the above report.
Reason: To establish whether or not site decontamination is required in the interests of the amenity of future residents.
20. That any remediation works identified by the site investigation report required in terms of Condition 19 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the dwellinghouses hereby approved. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity of future residents.
21. That if the development does not start within 6 months of the date of the planning permission hereby granted, the Protected Species Survey must be updated and resubmitted for the approval of the Planning Authority before any development starts on site.
Reason: To ensure the site remains free of any protected species.
22. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, and shall not be removed without the approval in writing of the Planning Authority.
Reason: To maintain the contribution of existing trees to the landscape quality of the area and to ensure that trees that are to remain are protected during construction works.
Background Papers:
Application form and plans received 29th March 2007 and amended plans received 14'h June 2007
Memo from Traffic and Transportation Team Leader received 2!jth April 2007 Memo from NLC Community Services (Conservation & Greening) received 23'' August 2007 Memo from Scottish Natural Heritage received 3rdSeptember 2007
Letter from Elizabeth Bell, Furstyin, Bonds Drive, Newmains, ML2 9ES received l!jthMay 2007 Letter from J & A.M Burns, 94 Woodside Crescent, Newmains, Wishaw, ML2 9NA received 18thMay 2007
Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)
Any person wishing to inspect these documents should contact Miss Laura Murray at 01698 302134.
Date: 7'h September 2007 APPLICATION NO. S/07/00517/AMD
REPORT
1. Description of Site and Proposal
1.1 Planning permission is sought for amendment to the site layout for the approved residential development (Ref: S/O4100645/FUL) at land to the north of 92 -1 10 Woodside Crescent, Newmains. The site is approximately 1.52 hectares and is an undulating site which slopes in a south - north direction. The site is bounded by two storey dwellings to the south, trees and shrubbery to the north and west, and a two storey detached dwelling and open grassland to the east.
I.2 Detailed planning permission was previously granted on 7'h December 2006 for a residential development comprising of 14 flats and 32 semi-detached and terraced houses. This application seeks permission to amend the site layout to include two additional houses and to substitute housetypes. The applicant proposes to amend two of the semi-detached blocks to terraced blocks with 3 houses in each block (Blocks 7 and 11). Some of the blocks have been repositioned in order to accommodate the two additional dwellings. Other amendments include the substitution of housetypes at Block 7 and 9 and the design of one of the approved split level house blocks has also been amended reducing the height from 3 to 2 storeys. No change to the road layout is proposed from that previously approved other than the relocation of a visitor parking bay and the addition of two driveways.
1.3 Part of the road within the site already exists and has been formed to adoptable standards as part of a previous application for a housing development incorporating this site and adjacent land.
2. Development Plan
2.1 The application raises no strategic issues in terms of the Structure Plan and can therefore be assessed in terms of local plan policies.
2.2 The site is covered by Policy HSG 2 (Housing Development Opportunities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).
3. Consultations and Representations
3. I My Transportation Section have indicated that the layout of the shared surface cul-de-sac to the west of the development is unacceptable and advise that it would not receive Roads Construction Consent. They recommend that the site layout is unacceptable until a road to adoptable standards can be provided at this part of the development. They suggest that the applicant considers a substitution of house types to flats only which can be accessed via a non- adoptable parking court. They are content with the other aspects of the development.
3.2 My Community Services (Conservation and Greening) Section were consulted following the submission of a protected species survey. They accepted the findings of the survey and raised no objections to this application. However they state that measures should be taken to eradicate Japanese Knotweed from the site.
3.3 Scottish Natural Heritage (SNH) were also consulted following the submission of the protected species survey. SNH accepted the findings of the survey and subsequently have no objection to the proposed development. However, they did confirm that if any trees are to be felled to make room for this development, this should be done outwith the bird breeding season from August to February and any native and signature mature trees should be retained within the site.
3.4 Following the neighbour notification procedure, two letters of representation have been received in relation to this application. The grounds of their representations are as follows:
a) There will be overshadowing and a lack of privacy at the neighbouring residential properties in Woodside Crescent. b) There will be an increase of noise and traffic movements. c) The proposed development will impact on the view currently enjoyed by the surrounding dwellings and cause an inconvenience to surrounding residents during construction. d) The proposed development will have an impact on existing wildlife within the site and surrounding land. e) Beyond the objector's property, No 94 Woodside Crescent, there are filter beds and sewage pipes running along their rear garden boundary which has resulted in their land having a smaller back garden area than neighbouring properties. As the development will be built upon this land, the objector considers that this may not be safe for the construction of the dwellings and if so, the objector would like to purchase this piece of land to increase their garden area. f) The submitted plans show a turning point for vehicles in front of the existing dwellinghouse (Furstyin, Bonds Drive). The objector part owns the land for the turning circle and will not allow legal access to complete this part of the development. They indicated that they have fenced off this land.
4. Plannina Assessment and Conclusions
4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
4.2 The site is covered by Policy HSG 2 (Housing Development Opportunities) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). This policy states that the Council will actively support and where appropriate promote the release of sites identified in Schedule HSG 2 for private sector housing development. The proposed development complies with this local plan policy, and the principle of this residential development has already been established through the previous planning consents.
4.3 Policy HSG 10 (Assessing Applications for Housing Development) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) is a material consideration in the determination of this application. This local plan policy requires the following matters to be taken into consideration: the impact on the existing built and natural environment; design, density, layout and mix of housing; provision of landscaping, screening and open space; the environmental condition of the site; and provision made for roads, access and parking. With regards to the layout and design of the proposed housing units, with the exception of the addition of two further units and substitution of house types, this has been assessed under the previous application and found to be acceptable. While the positioning of some of the units has been amended to accommodate the additional units, the front and rear garden depths are still in accordance with the Council's Open Space Guidelines. It is considered that there will be no significant adverse impacts on the character and amenity of the surrounding area and complies with HSG 10.
4.4 A further local plan policy relevant to this proposal is Policy TR 13 (Assessing the Transport Implications of Development) in the Southern Area Local Plan Finalised Draft. This policy requires the proposal to be assessed against the various transport criteria including the level of traffic generated and its impact on the environment and adjoining land uses, impact of the development on road traffic circulation and road safety, and provisions made for access, parking and vehicle manoeuvring. In this instance, the level of traffic generated and its impact on the adjoining land uses, impact of the development on road traffic circulation and road safety and the provisions for access, parking and vehicle manoeuvring have been assessed through the previous planning application and were considered to be acceptable. The main issue to be assessed in this application is the addition of two further driveways on the main access road and the relocation of a visitor parking bay. While my Transportation Section has concerns in relation to the shared surface cul-de-sac forming the western of the development, they concede that this part of the site has already been approved under the previous planning application. Given that they have raised no concerns in relation to amendments included in this application, it is considered that the proposal would not detrimentally affect the roads and parking layout previously approved. I must therefore conclude that the development complies with the criteria contained in Policy TR 13.
4.5 In response to comments received from my Community Services section regarding the retention of mature trees within the site I would advise that most are outwith the site. A tree protection condition to ensure all trees neighbouring the site are protected during the construction works is recommended.
4.6 Following comments received from Scottish Natural Heritage regarding any possible tree felling a condition is proposed requiring that this be done outwith the bird breeding season.
4.7 Following the neighbour notification procedure, two letters of representation have been received in relation to this application. Comments on the grounds of refusal are as follows:
The principle of a residential development has already been accepted at this site. In terms of the changes to the position of the units now proposed, it is considered that there will be no significant impacts on overshadowing or a reduction of the level of privacy enjoyed at the neighbouring properties in Woodside Crescent. Given that there will be only two further dwellings, it is considered that there will not be a significant increase in the level of traffic generated and as stated at paragraph 4.3 above, the proposal complies with local plan policy TR 13 and my Transportation Section have no concerns in relation to the increase of traffic. Any disruption during the construction period is considered temporary and the impacts on any private view currently enjoyed are not material planning considerations. The principle of this residential development has already been assessed under the previous planning application (Ref. S/04/00645/FUL) and it was considered that there would be no impact on wildlife within the surrounding area. However due to a change in legislation, a protected species survey was requested for this application and duly submitted. SNH and Conservation and Greening accepted the findings of the survey and subsequently have no objection to the proposed development. There have been no amendments to the site boundary from the previous planning application which has been approved. Concerns relating to remnants of the former sewerage works are therefore not able to be supported. The objectors’ request to purchase the land is not a material consideration. The objector raised this issue during the determination of the previous application and the current application makes no changes to the turning circle. In this case, the road layout is considered to be acceptable and the turning circle will allow vehicles to make turning manoeuvres despite the obstruction. The access has now been formally adopted by the Council.
4.8 In conclusion, the proposed development is considered to be acceptable in terms of local plan policies. It is considered that the amended design and layout of the proposed site is acceptable and there will be no adverse impacts on the character and amenity of the surrounding area. It is therefore recommended that planning permission is granted subject to conditions similar to the previous application. Application No: S/07/0053O/FUL
Date Registered: 18th May 2007
Applicant: Holytown Dental Surgery 5 Main Street Holytown
Agent Aitchison Architects 5 Bourne Street Hamilton ML3 70W
Development: Extension (Single Storey) to Side and Rear of Existing Surgery
Location: 5 Main Street Holytown Motherwell MLI 4TA
Ward: 01 5 Mossend and Holytown: Councillors Coyle, Delaney and McKeown
Grid Reference: 276108660433
File Reference:
Site History: S/O7/00530/FUL Extension (Single Storey) to Side and Rear of Existing Surgery
Development Plan: Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)
Contrary to Development Plan: No
Consultations: None
Representations: 2 Letters of representation received
Newspaper Advertisement: Not Required
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That the facing materials to be used for the external walls shall match the existing colour and texture those of the existing building, for the avoidance of doubt the roof materials shall be slate substitute unless otherwise agreed in writing by the Planning Authority.
Reason: To maintain the amenity of the area
Background Papers:
Application form and plans received 2nd April 2007
Memo from Transportation Team Leader received 13Ih September 2007
Letter from M Murray, 7 Main Street, Holytown, Motherwell, MLI 4TA received 19th April 2007 Letter from Wm Rankin, 5 Main Street, Holytown, Motherwell, MLI 4TA received 19th April 2007
Glasgow and Clyde Valley Structure Plan 2000 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)
Any person wishing to inspect these documents should contact Mr Stewart MacCallum at 01698 302085.
Date: 7th September 2007 APPLICATION NO. S/07/0053O/FUL
REPORT
1. Description of Site and Proposal
The application seeks planning permission to erect a single storey side extension and rear extension at 5 Main Street, Holytown. The application site is a dentist's surgery and also includes an ATM machine at the site. Residential accommodation is also provided for an upper flat at the site. The immediate surrounding area of this area of Main Street is predominantly residential however there is a public house, vets surgery and other commercial units further along Main Street. Main Street is a busy main road linking Holytown and Bellshill.
2. Development Plan
The application site lies within an area covered by Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Finalised Draft (Modified 2001, 2004 and 2005).
3. Consultations and Representations
3.1 My Transportation Section initially commented that the access road into the site should be 5.5 metres in width and incorporate an adequate turning facility suitable for use by all vehicles entering and parked within the site. It was noted that the 'double parking' bays are substandard in terms of current expectations. It was also noted that the parking provision requirement for the development is 27 no. car parking spaces, but as there is a public car park situated on the opposite side of Main Street, this requirement will not be necessary. A subsequent amended plan was submitted reducing the size of the extension and increasing the width of the access to 5.5 metres. My Transportation Section considers that this too remains substandard in terms of the normal parking standards but again highlights the public car park opposite. The increase in width of the access was accepted although it was noted that the turning facilities remain short of current standards.
3.2 Two letters of representation were received from the upper floor flat and adjacent dwellinghouse. The points of objection can be summarised as follows:
(i) Current parking facilities are not sufficient to accommodate the volume of traffic using the car park. This will be made worse. (ii) The road which has double yellow lines, is busy and has a traffic island adjacent to the site can already become congested due to the traffic generated by the ATM machine and dentist surgery, as well as the vets surgery opposite. Situated on a bend in the road, this is very dangerous with congestion causing tailgating, blocking of the pedestrian footway. Narrowing the access further and cutting down on in-site parking can only increase a serious risk of an accident. (iii) Adjacent properties accesses are blocked due to the volume of cars using and over flowing from the car park. (iv) There is concern over the visual appearance of the proposals. Given the buildings age, any materials should blend in with the existing sandstone and not have a patchwork effect. (v) The proposed extension is to be built on the existing drainage system. (vi) The proposed 'north' extension to the rear of the building will restrict access to the upper floor residential window for cleaning and maintenance. The roof of this extension will also pose a security risk to the upper floor flat. (vii) The dental surgery is already in disrepair with work needing carried out to fascias and guttering before any other work should take place. (viii) What guarantees, if the application is approved can be given to residents regarding access, noise, disruption and site safety
4. Plannina Assessment and Conclusions
4.1 On the points of objection, I would comment as follows:
(9 The point made regarding current parking facilities not being adequate is noted. The proposal increases the size of the dentist practice by two surgery rooms and a small store. This also displaces and expands upon a smaller flat roof extension to the property. In total, the impact on the existing informal parking area is marginal with a reduction of only two standard size parking spaces. It is noted that both the existing and proposed parking requirements are short in light of current standards, however, this is within a commercial centre and there is a public car park opposite on Main Street. The difference in size in the surgery and the marginal impact on the current parking requirements is such that I considered it unreasonable to refuse the application on these grounds. I note that my Transportation Section has no objection to this aspect of the proposal. (ii) The point made regarding the impact of the proposals on the pedestrian footway and public road network are noted. The applicant amended the initial proposal by reducing the size of the extension to incorporate a wider 5.5 metre wide access. The layout is such that an informal turning facility is also proposed within the site. Taking these changes into account, I again consider that the marginal difference to the current situation is such that it does not merit refusal of the application. (iii) The point made with regard to car blocking neighbouring properties is noted. In response I would re-iterate points (i) and (iii) above. I note the presence of double yellow lines on this stretch of Main Street. Drivers should be adhering to these parking restrictions and using the public car park opposite if not visiting the surgery or using the space dedicated to the ATM. (iv) In regard to points made on the visual appearance of the property, the proposed extension displaces an existing flat roof extension. This proposal is superior in terms of design and the applicant proposes re-constituted stone finishes and slate substitute roof tiles. I consider that this offers a visual improvement to the building in comparison the existing situation. (v) The point made on the rear extension restricting access for cleaning/rnaintenance of an upper floor residential window is noted. However, this is not a planning consideration. (vi) The points on exiting disrepair of the building are noted. However, this is a management issue for the owners and not a planning consideration in respect to the determination of this application. (vii) In regard to the requested guarantees on matters of access, noise, disruption and site safety, I refer generally to the assessment made in this report. On balance, the access proposal are considered acceptable for the reasons stated above. An increase in the size of the practice by two surgery rooms is not considered to offer a noise issue and any noise, disruption and site safety throughout the construction cannot be controlled via planning legislation. I propose an advisory note to the application highlighting normal working practices expected by the Pollution Control Section throughout construction.
4.2 The application raises no strategic issues and therefore can be assessed in terms of the Local Plan Policies. The primary issues to be considered here are the compliance with the relevant development plan policies and the affect the proposal will have upon the area.
4.3 Policy RTL 6 (Secondary, Village and Neighbourhood Commercial Areas) seeks to encourage the expansion of Class 1 retail floorspace, support other types of commercial activity such as Class 2 Offices, Class 3 Food and Drink and Class 11 Assembly and Leisure where development does not adversely affect the character and amenity of the relevant Commercial Area. The support and retention and provision of other uses which complement the role and function of Secondary, Village and Neighbourhood and Commercial Areas. The proposal is considered to be compatible in terms of its use, size and location.
4.4 Policy TR 13 (Assessing the Transport Implications of Development) is of relevance in this case. This requires an assessment of various matters to be taken into account including:-the level Of traffic generated from the proposal; the impact a development will have on road traffic circulation and road safety and; the provisions made for parking and vehicle manoeuvring. There is currently off-street parking provided however this would be reduced by the creation of the extensions. It should be noted though that a public car park is located almost directly across the road which would provide additional space for visitors to the site. As indicated above in Paragraph 4.1 the proposed level of parking is considered to be acceptable. In view of this I consider that this proposal would be in line with Policy TR 13 given that there would only be a marginal impact upon the present site.
4.5 Taking all aspects into account I consider that the side and rear extension to 5 Main Street would be in line with Local Plan Policy and would have no adverse impact on the amenity of the area. On this basis, I recommend that permission be granted. Application No: S/O7/00791IFUL
Date Registered: 12th June 2007
Applicant: City Link Development Company Ltd 119 Whitefield Road Glasgow G51 2SD
Agent CRGP Limited 26 Herbert Street Glasgow G20 6NB
Development: Erection of 2 Single Storey Buildings for Use Classes (43 and 6) and Associated Parking
Location: Land To East No 2 Belgrave Street Bellshill North Lanarkshire
Ward: 14 Bellshill: Councillors Curran, Lyle and McGuigan
Grid Reference: 272809660441
File Reference: SlPLIBFl71251GAIMM
Site History: None relevant
Development Plan: Zoned I1 (Areas where Industrial Development will be Concentrated) on the Bellshill & Mossend Local Plan 1985
The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 8 (Established Industrial and Business Areas).
Contrary to Development Plan: No
Consultations: Scottish Environment Protection Agency (Comments) Scottish Water (No objections) Scottish Power (No objections) British Gas (No objections) British Telecom (Cornmen ts)
Representations: 1 letter of representation received.
Newspaper Advertisement: Advertised Bellshill Speaker June 23rd 2007
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2. That the permission hereby granted shall relate to the use of the units solely for a use included within Class 4, 5 and 6 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.
Reason: To define the permission
3. 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 infrastructure to serve the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
4. That no open air storage of materials shall take place within the application site
Reason: In the interests of the amenity of the neighbouring residential properties.
5. That before the development hereby permitted starts details of bin store locations and boundary enclosures shall be submitted to and approved in writing by the Planning Authority.
Reason: To define the permission
6. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.
Reason: To ensure the suitability of the site for the proposed development and protect watercourses from pollution.
That following the completion of any or all of the works required under the terms of condition 6 above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.
Reason: To ensure the compliance with condition 5 and in the interests of Health and Safety.
That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and Size of trees and shrubs to be planted: (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; and (d) A timetable of for the implementation of these works contemporaneously with the development.
Reason: To define the permission.
9. That all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed; in accordance with the timetable approved under condition (8) above and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the occupation of the last unit within the development, shall be replaced within the following year with others of a similar size and species.
Reason: To safeguard the amenity of the area.
10. 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 parking areas shown on the approved plans; (b) the proposed external lighting to be provided for the site; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition 9 above; (d) the proposed fences to be erected as agreed under the terms of condition 14 below; and (e) a timetable for the implementation of these works
Reason: To enable the Planning Authority to consider these aspects in detail.
11. That prior to the occupation of the first industrial unit hereby permitted, the management and maintenance scheme approved under the terms of condition 10 shall be in operation.
Reason: To safeguard the amenity of the area.
12. That before 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: In the interests of traffic and pedestrian safety.
13. That before to any works of any description starts 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 for the approval of 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 Drawing No (3) (06098) 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 users adjacent to and within the development site respectively.
14. That the SUDS compliant surface water drainage scheme approved in terms of Condition 13 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant ClRlA Manual and the approved plans.
Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future users.
15. That notwithstanding the details shown on drawing No.7696 -3002 and 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. 16. That noise emitted from the site shall not exceed 5 dB above the relevant background level for the time of day, measured in accordance with 884142, outside the nearest residential property.
Reason: In the interests of the amenity of the neighbouring residential properties.
Background Papers:
Application form and plans received 8th May 2007 & e-mails.
Memo from Transportation Team Leader received 191h July 2007 Memo from Head of Protective Services received 3rd July 2007 Letter from Scottish Water received 20th June 2007 Letter from British Gas received 22nd June 2007 Letter from British Telecom received 21st June 2007 Letter from Keith Grandison, Multimetals, , Bellshill Industrial Estate , Bellshill, ML4 3JA received 22nd May 2007.
Southern Area Local Plan, Finalised Draft (Modified 2001 ~ 2004 and 2005) The Bellshill and Mossend Local Plan 1985.
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 302136.
Date: 7th September 2007 APPLICATION NO. S/07/00791/FUL
REPORT
1. Description of Site and Proposal
1.I This application is for the construction of two industrial buildings with associated car parking. The site is located in the Bellshill Industrial estate, Bellshill and is accessed from Belgrave Street. The ground within the site is level and is currently vacant land, enclosed by a two metre high fence. The site is bound by the yard of an industrial supplies company to the north, Gartcosh Walk to the south separated by the intervening landscaped strip. To the west lie industrial sites containing a builder's yard and Multimetals, a storage and distribution facility for engineering supplies. The east of the site is bound by residential properties Butler Wynd, St. Andrews Gate and Cochrane Street which are two storey detached properties with side gable walls orientated towards the site.
1.2 The proposed buildings will face each other and will be separated by a central car parking/access area. Both buildings will be rectangular in shape, single storey and will be divided internally into individual units within each block, each with a separate entrance. Block 1 will occupy the east of the site and contain 6 units with a combined floor area of 890 square metres. The larger of the two blocks will be to the west of the site will be occupied by 7 individual smaller units, with a total gross floor area 1442 square metres. The units will vary in size between 140 square metres and 292 square metres and are designed for small business.
1.3 The external materials for the proposed buildings will include walls and roofs constructed in a mix of blue and silver profiled metal cladding. The design of both buildings incorporates a mono inclined roof reaching a maximum of 7 metres in height with the only windows being a horizontal group of four on the front elevation of each unit, Each unit is entered via a glazed aluminium frame door. A service entrance via an up and over service door will be located on the front elevation of each unit.
1.4 Access which is existing will be taken from Belgrave Street and there will be a total of 42 parking spaces and a turning area of 25 metres.
2. Development Plan
2.1 The site is within an area zoned I1 (Areas where Industrial Development will be Concentrated) on the Bellshill and Mossend Local Plan 1985.
2.2 The application site is located within an area designated as Policy IND8 (Established Industrial and Business Areas) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004, and 2005).
3. Consultations and Representations
3.1 Scottish Water has no objections to the development. They state that the sewer network assets currently have adequate capacity to accommodate this development and that their general preference is for SUDS based surface water drainage scheme.
3.2 Scotland Gas Networks have no objections to the proposal.
3.3 British Telecom have no objections to the proposal. 3.4 The Transportation Section advises that they have no objections to the application subject to conditions. They have concerns regarding the provision of a turning facility, orientation of some parking areas and segregation of parking and servicing within the site.
3.5 The Head of Protective Services has advised that a desk top study which includes the site history requires to be provided by the applicant to ascertain if the site has previously been used for any potential contaminative purposes. Depending on the results of this investigation further intrusive ground investigations may be required. An assessment of the nearest noise sensitive property was initially requested to asses the requirement of a noise survey. This has been undertaken and Protective Services have advised that a planning condition stipulating specific noise levels would be appropriate.
3.6 The Geotechnical Team Leader has no objections subject to the development according with Scottish Environmental Protection Agency's principles of sustainable urban drainage systems (SUDS). The drainage strategy proposed by the developer is considered satisfactory for outlining the intended drainage solution, subject to the submission of a more detailed SUDS drainage system.
3.7 The Scottish Environment Protection Agency has advised that should Scottish Water require surface water to be excluded from their sewage network SEPA would ask that the surface water from the site is treated in accordance with the principles of the SUDS.
3.8 Following neighbour notification and advertisement in the local press, one objection was received from Multimetals regarding access. The objection letter simply states that the company wishes to object 'due to access of road entry.' Following clarification with the objector concern over the development generating on street parking beyond the site boundary was considered to be the only material consideration raised.
4. Plannina Assessment and Conclusions
4.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against Local Plan Policies.
4.2 The site is within an area zoned I1 (Areas where Industrial Development will be Concentrated) on the Bellshill Mossend Local Plan 1985. This policy seeks to direct industrial development to appropriately zoned areas, where all proposals for development will be considered in relation to the surroundings. In assessing this proposal against the provisions of this policy, it is considered that as the site is zoned for industrial purposes, it is compatible with its surroundings. Therefore it is considered that this proposal is supported by the policy contained within the adopted local plan. However a more up to date expression of policy is contained within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004, and 2005).
4.3 The site is zoned within an area covered by policy IND 8 (Industrial and Business Land Supply) Policies, IND9 (Assessing Applications for Industrial and Business Development), and TR13 (Assessing the Transport Implications of Development) are also relevant to consideration of this application. Policy IND 8 seeks to retain the existing character of established Industrial and Business areas by safeguarding existing uses and supporting the development of General Industrial, Distribution or Class 4 Business Uses where appropriate. In this respect, it is considered that the proposal is acceptable in principle.
4.4 Policy IND 9 (Assessing Applications for Industry and Business Developments) is also considered relevant and in assessing applications for industrial and business development the following criteria are considered:
the suitability to the character of the area within which it is set; detailed design elements such as building height, materials and positioning; and provision made for servicing, access, vehicle circulation, manoeuvring and parking .
In considering these criteria, the site lies within an established industrial area (Bellshill Industrial Estate). In terms of the impact on the character and amenity of the industrial estate the proposed development of the site for classes 43 & 6 accords with the industrial zoning of the site and is considered to be acceptable. Introducing industrial units within an industrial area will not give rise to a conflict with existing uses. Therefore, the industrial character of the wider area is a suitable location for this proposal, The surrounding industrial properties vary between single and two storeys and have little or no amenity landscaping internal to their sites. In terms of the detailed design elements, it is considered that the proposed design and materials raise no specific issues. However, although this proposal is single storey, it is 7 metres in height to the front elevation with the roof being mono inclined sloping to 5.5 metres to the rear. The surrounding industrial properties are predominantly 2 storeys, and considerably greater in height. Therefore, by virtue of the height and positioning, the buildings would not be visually prominent within the area at this location. This is further confirmed by an existing single storey industrial building on the north eastern corner of the site which will be demolished. In terms of the impact upon the character of the area within which it is set, while there are residential properties to the east of the building the affected properties have blank gables facing on to the site. The low height of the proposed units will not cause significant overshadowing and passed sunlight daylight test and a noise condition has been imposed. Access, vehicle circulation, manoeuvring and parking will be considered in detail under Policy TR 13. Overall the proposal is considered to accord with the criteria of policy IND 9.
4.5 In assessing the transportation implications for the development Policy TR 13 (Assessing the Transport Implications of Development) sets out criteria which include: 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 the provisions made for access, parking and vehicle manoeuvring. Access to the site is via a road which is not adopted by the Council and therefore out with the Roads Authority's control. While the preference is for a turning area within the site there is an access nearby which may enable vehicles to turn. The proposed parking provision is also considered acceptable as the level of provision and the layout meets the Roads Guidelines. It is not possible to fully segregate parking and servicing areas. The layout proposed is not uncommon within industrial estates and adequate turning provision is able to be accommodated. It would be unreasonable to refuse permission on this basis.
4.6 In response to comments from Protective Services a noise survey has been produced which is intended to set a background noise level above which any subsequent noise assessment can be obtained. A condition is proposed to contain noise to acceptable levels.
4.7 In response to comments from SEPA and Geotechnical regarding the drainage strategy submitted, conditions are proposed requiring further details to be submitted.
4.8 In response to the concern raised in the objection letter the Transportation Section were consulted and raised no concerns relating to a lack of parking.
4.9 In conclusion the proposal is in accordance with the Local plan policies. It is considered that in terms of sitting and design the proposed development is acceptable and should positively contribute to the existing industrial area. Taking into account all material considerations including Local plan policies, I recommend that planning permission be granted, subject to conditions. Application No: S/07/01133/FUL
Date Registered: 19th June 2007
Applicant: Guanxing Li 19 Willow Avenue New Stevenson ML14BD
Development: Change of Use from Retail Unit to Restaurant
Location: The Untouchables 131 Merry Street Motherwell ML1 1JP
Ward: 17 Motherwell North: Councillors McAuley, McKenna, Nolan and Stewa rt
Grid Reference: 275374657278
File Reference: S/PL/B/12/1I/KD/GF
Site History: S/06/01693/FUL Demolition of Building and Erection of 25 Flatted- Dwellings - Withdrawn on 24th July 2007
Development Plan: Zoned as Policy RTLG, (Secondary, Village and Neighbourhood Commercial Area in the Southern Area Local Plan Finalised Draft (Modified 2001,2004 and 2005)
Contrary to Development Plan: No
Consultations: None
Representations: Twenty-one letters of representation received
Newspaper Advertisement: Advertised on 12th July 2007
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the design, installation and operation of any air conditioning/ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 20.00 hours and N.R.C. 25 at all other times. Produced by North Lanaibh re Council Planning and Environment Dept Fleming House 2 Tryst Road Curnbrrnduld 067 1JW Planning Appllcatlon No S I07 I01133 I FUL te 01236616210 fa% 01236636232 Change Of Use from Retall Unit to Restaurant N This map is (eprodueed framOrdnaneeSuwey matertal wth the peimi660n of Ordnance SuNev on behalf of the Controller of Het Malesty's The Untouchables, 131 Merry Street, Mothewell, ML1 IJP StatonPry~n,ceol,OWnropyi,ghl Unauthansad reproduaion iotr nges Crow copyright and may lead to pioseciltlonof c YIIproceedings Representation North LanaikshireCouncil 100023396 2004 * Reason: To ensure that the noise associated with the ventilation system will be within acceptable limits in the interests of residential amenity.
3. That before the development starts on site detailed drawings of the proposed external extraction flue which will be required for the cooking of food, shall be submitted to and be approved in writing by the Planning Authority.
Reason: To ensure that the premises are adequately ventilated and that fumes and odours associated with the cooking of food are adequately extracted in the interests of residential amenity.
4. That the extractor flue as approved under condition 3 above shall be installed to the satisfaction of the Planning Authority before the development hereby permitted is brought into use.
Reason: To ensure that the premises are provided with an adequate ventilation/extraction system, as required, in the interests of residential amenity.
5. That the permission hereby granted relates to the change of use only and, notwithstanding the provisions of the Town and Country Planning (General Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building.
Reason: To define the permission and to enable the Planning Authority to assess external alterations separately in the interests of visual amenity.
6. That before the development hereby permitted is brought into use, the car park shall be laid out and delineated (and finished in materials approved by the Planning Authority) as illustrated on drawing number 387:02A dated August 2007 to the satisfaction of the Planning Authority.
Reason: To ensure that there is adequate parking provisions in the interests of vehicular and pedestrian safety.
Background Papers:
Application form and plans received 19th June 2007
Memo from Transportation Team Leader received 31st July 2007 Memo from Head of Protective Services received 20th August 2007
Letters from Mrs Delaney, 137 Merry Street, Motherwell, North Lanarkshire, MLI 1JP received 2nd July and 17th July 2007 Letters from Mr & Mrs Byfield, 135 Merry Street, Motherwell, North Lanarkshire, MLI IJP received 26th June, 17th July and 3rd August 2007 Letter from J Salina, 12 Aurelia Court, Motherwell, MLI 1EH received 11th July 2007 Letter from F Salina, 26 Ballie Court, Motherwell received 11 th July 2007 Letter from Goodwill, 108 Merry Street, Motherwell, MLI 1NR received 11th July 2007 Letters from Mr & Mrs J Reid, 10 Aurelia Court, Motherwell, MLI 1EH received 11th July and 7th August 2007 Letter from Lisa Zambonini, 12 Aurelia Court, Motherwell received 11th July 2007 Letters from Mr & Mrs Nadeem, 13 Aurelia Court, Motherwell, received 11th July and 7th August 2007 Letters from Dawn Greer, 5 Portia Place received 27th June and 17th July 2007 Letter from Hikmet Onal, 172 Merry Street, Motherwell, North Lanarkshire, MLI 1NA received 17th July 2007 Letter from J Bell, 7 Aurelia Court, Motherwell, North Lanarkshire received 17th July 2007 Letter from Jean Burns, 8 Aurelia Court, Motherwell, North Lanarkshire received 17th July 2007 Letter from Owner/Occupier, 56 Kethers Street, Motherwell, MLI 3HJ Letter from Tenant in adjacent flats received 12th July 2007 Letter from Faye Downie, no address, received 18th July 2007
Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005)
Any person wishing to inspect these documents should contact Mr Kevin Divin at 01698 302104.
Date: 13th September 2007 APPLICATION NO. S107101 1331FUL
REPORT
1. Description of Site and Proposal
1.I Planning permission is sought for the change of use of a retail unit (Class 1) to a restaurant (Class 3) at 131 Merry Street, Motherwell.
1.2 The unit is the former 'Untouchables' retail premises which is currently vacant, located adjacent to Motherwell town centre. The premises in question is a single storey building, with painted facing brick on the front elevation and a painted render finish on the other elevations. The property benefits from its own car parking to the rear and a vehicular access onto Merry Street. To the southwest of the site on the same side of the road is the 'Woodcutter' public house, to the southeast and on the opposite side of Merry Street lies a row of shops including hot food outlets with offices and flats on the upper floors. To the rear of the application site is the car park behind the 'Aquatec' Leisure Centre.
1.3 The application is for the change of use of the premises only and no other details are provided of the proposed external alterations alterations. Details of the car parking for the proposed use are included for consideration.
2. Development Plan
2.1 It should be noted that the application raises no strategic issues and therefore only needs to be assessed against the local plan.
2.2 The site lies within an area covered by Policy RTL6 (Secondary, Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).
3. Consultations and Representations
3.1 The Transportation Section have been consulted in relation to the application and have advised that they have no objections to the proposal subject to a turning area being provided to the rear of the premises of an adequate size to accommodate any vehicle servicing the restaurant.
3.2 The Head of Protective Services has offered no objections to the proposal and has provided guidance regarding the control of noise in relation to ventilation equipment.
3.3 There have been twenty-one letters of objection received representing fourteen residential and commercial properties following the press advertisement and neighbour notification procedures. The points of objection can be summarised as follows:
(1) The proposed restaurant would result in serious traffic congestion with inadequate parking and potential road safety concerns due to the existing heavy traffic flows on Merry Street, the location of the pedestrian crossing, and the proximity to the Town Centre ring road junction. (2) The development of such a facility will, undoubtedly lead to extremes of noise, smell, litter problems and vermin infestation which would seriously impinge upon the residential amenity of the surrounding properties. (3) The Ravenscraig development will exacerbate traffic problems. (4) Too many fast-food outlets within area.
3.4 It should be noted that four letters have been received requesting that a site visit and hearing is carried out prior to a planning decision being reached.
3.5 It should be further noted that one letter of representation includes comments in support of the proposal. The comment from a resident in the adjacent flats, states that Motherwell could be doing with a new restaurant rather than another off-sales and the development would be a good proposition.
4. Planninq Assessment and Conclusion
4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
4.2 The relevant policies within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) are RTL 6,which identifies the site within a Secondary, Village, and Neighbourhood Commercial Area and policies RTL 11, (Assessing Applications for Bad Neighbour Developments) and TR 13 (Assessing the Transportation implications of Developments) are also relevant.
4.3 In assessing this particular proposal in terms of Policies RTLG and RTLl1, it is considered that the relevant determining factors are whether the proposed restaurant is acceptable in terms of its location, design, traffic impact and effect on the adjoining properties. Policy RTLG on Secondary, Village and Neighbourhood Commercial Areas gives support to Class 3 Food and Drink where such development does not adversely affect the character and amenity of the area. Policy RTLI 1 makes clear that the preferred locations for restaurant premises include Secondary, Village and Neighbourhood Commercial Areas such as the currently proposed site. Policy RTLl1 on assessing applications for Bad Neighbour Developments is also relevant and seeks to locate such developments within Town Centres or Secondary, Village or Neighbourhood Commercial Areas. It is considered that the principle of the proposed use is acceptable as it would not adversely affect the character and amenity of this Secondary Commercial Area which is typified by a mixture of uses. The application site lies outwith the town centre, just to the east and within a Secondary Commercial Area which incorporates a mixture of retail, non-retail and residential uses including hot food takeaways, pubs and other late night uses adjacent to the application site. It is therefore considered that the proposal is not likely to significantly change the area in terms of character or amenity. Any increase in noise/ disturbance is not likely to be significant in relation to existing levels. It is therefore considered unreasonable to refuse planning permission on this basis. It is considered that residential amenity can be protected by the imposition of appropriate conditions to protect against odours and to ensure that there will be no significant noise issues relating to ventilation equipment. Issue regarding general noise and disturbance are subject to separate legislation.
4.4 In assessing the transportation implications of a development, Policy TR13 is applicable and 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, vehicle manoeuvring and access for all. In this regard as indicated in paragraph 3.1 above, the applicant has demonstrated that adequate car parking and servicing provision can be provided within the site and my Transportation Team Leader has raised no objections regarding the location of the premises and its access in relation to road safety and traffic generation.
4.5 In relation to the points of objection, I would comment as follows:- (1) The applicant has demonstrated that adequate car parking and servicing provision can be provided on ground under the control of the applicant and my Transportation Team Leader has raised no objections regarding the existing vehicular access and traffic generation in relation to road safety. (2) In relation to the objectors’ concerns regarding potential noise or other amenity issues related to the proposed restaurant, I am satisfied as outlined in paragraph 4.3 above, that the development should not significantly affect the level of amenity currently enjoyed. Issues of vermin infestation can be addressed through separate Environmental Health legislation. (3) Traffic generated by the Ravenscraig development is not directly relevant to this assessment of this proposal. This application must be considered on its own merits in relation to the circumstances existing at present. (4) There is a reasonable provision of fast-food outlets in the area but it is not considered that this proposal will constitute an over-provision of food related uses within a Secondary Commercial Area.
4.6 In conclusion, it is considered that the proposed development would revitalise an existing vacant building and is considered to conform with the relevant local plan policies RTL6, RTLl1 and TR13. Bearing in mind the nature of the locality, it is considered that the proposal is unlikely to significantly impact on the existing levels of amenity of the surrounding properties. Notwithstanding the objections raised by the neighbours and for the reasons stated above, it is recommended that planning permission be granted subject to conditions.
4.7 It should be noted that four objectors have requested that a site visit be conducted prior to a decision being made on the application. Application No: S/07/01299/FUL
Date Registered: 18th July 2007
Applicant: Frankie Shakir 141 Westwood Drive Bellshill ML4 3BB
Agent Block Architects 18 Cairnryan Crescent Blantyre G72 OJJ
Development: Change of Use of Public House to 3no. Residential Flatted Dwellings
Location: Station Bar 480 Caledonian Road Wishaw ML2 OJA
Ward: 20 Wishaw: Councillors Adamson, Love, McKay and Pentland
Grid Reference: 279010654302
File Reference: S/PL/B/l 011 2/LM/GF
Site History: None Relevant
Development Plan: Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)
Contrary to Development Plan: Yes
Consultations: None
Representations: No letters of representation received
Newspaper Advertisement: Advertised on 3rd August 2007
Recommendation: Approve Subject to the Following Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of all external materials to be used in the conversion, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority; new materials shall match existing materials on the building unless otherwise approved by this condition.
Reason: To safeguard the residential amenity of the area.
3. That before the residential development hereby permitted starts, a scheme of landscaping in the areas hatched GREEN on the approved plans, 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.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That before the occupation of the last flatted property 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 3 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.
5. That before the residential 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 parking areas shown on the approved plans; (b) the proposed grassed, planted and landscaped areas under the terms of condition 3 above.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. That before the occupation of the last flatted property of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.
Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.
7. That before any flatted property hereby permitted is occupied all the access, 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 access, parking and manoeuvring areas.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
8. That before the first flatted property hereby permitted is occupied the existing vehicular access shall be widened to 5.5 metres and amended plans providing details of these works shall be submitted to and approved in writing by the Planning Authority.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
9. That before the development hereby permitted starts everything exceeding 1.05 metres in height above the road channel level is removed from the sight lines areas where they lie between 480 Caledonian Road and the adjacent railway bridge and thereafter, nothing exceeding 1.05 metres in height above the road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of road and pedestrian safety. Background Papers:
Application form and plans received 18th July 2007 Amended plans received 16th August 2007 Memo from Transportation Team Leader received 8th August 2007 Memo from Head of Protective Services received 13th August 2007 Southern Area Local Plan, Finalised Draft (Modified 2001,2004 and 2005)
Any person wishing to inspect these documents should contact Ms Laura Murray at 01698 302134. Date: 7th September 2007 APPLICATION NO. S/07/01299/FUL
REPORT
1. DescriDtion of Site and Proposal
1.I Full planning permission is sought for the change of use of a public house to 3 residential flatted dwellings at the Station Bar, 480 Caledonian Road, Wishaw. The site is a two-storey building which incorporated a public house on the ground floor and residential above. It is proposed to use an existing parking area within the site which has 10 off-street parking spaces to the rear of this building. Access is taken directly onto Caledonian Road from the south east of the site.
1.2 The application site is located on a main road, which is the main route into Wishaw from Netherton and Overtown. The surrounding area is predominantly characterised by two and three storey residential properties. At present the ground floor of the site in question is lying vacant. It is bounded by residential properties to the north, northwest and east with a railway bridge to the west and south.
2. DeveloDment Plan
The site is zoned as RTL 9 (Other Commercial Uses) within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005).
3. Consultations and Rewesentations
3.1 My Transportation Section recommend refusal of this application due to there being no visibility to the right as a result of the existing railway bridge adjacent to the site. They advise that this existing access point is unable to be utilised for the parking provision required for the proposal and there is no other area where parking could be provided.
3.2 Protective Services raised no objections, however did comment that subject to the approval of this application, measures should be implemented to limit noise levels and dust emission. They also commented that a noise and vibration impact assessment be submitted due to the close proximity of the site to the adjacent railway line.
3.3 No objections were received as a result of the neighbour notification process or the newspaper advertisement.
4. Plannina Assessment and Conclusions
4.1 It should be noted that the application raises no strategic issues. This application must be assessed against the relevant development plan policies which are in the Southern Area Finalised Draft Local Plan. Within this Local Plan, this site is zoned as Policy RTL 9 (Other Commercial Uses). Policy HSG 10 (Assessing Applications for Housing Development) and TR 13 (Assessing the Transportation Implication of Development) are also relevant to the assessment of this application.
4.2 Policy RTL 9 states that within such areas, the Council will accept the continuation of uses within this zoning. Any changes of use or proposed new uses will be considered in light of the other policies contained within the Local Plan, however in such cases particular regard should be given to their potential compatibility with surrounding land uses. Given that the area surrounding the site is mainly residential with the first floor of this building also being used for flatted accommodation, it is considered that this proposal is an acceptable change of use within this setting and accords with the principles of RTL 9.
4.3 In assessing applications for housing development, such proposals should meet the criteria within Policy HSG 10. This states that in assessing such applications, the Council will take various criteria into consideration including: -
1. The impact of the development on the existing built and natural environment; 2. Measures taken to ameliorate the risk of flooding; 3. Detailed design elements such as building height, materials and positioning; 4. Provision of landscaping and 5. Provision made for roads, access and parking.
4.4 This proposal involves the sub-division of an existing building and it is proposed to alter the frontage of this building by removing the existing front access to have access from the rear only. Each flat will have an individual access door into each property. The double doors at the front of the property will be replaced by a window whilst retaining the existing architectural detail surrounding the opening. An existing front roller shutter door will also be replaced by a single window and the surrounding opening would be infilled and finished in dry dash render. It is considered that the frontage alterations are acceptable and in keeping with the character of the existing building and surrounding area. In terms of open space, although the majority of space to the rear of the building is to be used for parking, it is considered that the remaining space measuring some 122 square metres is sufficient in these circumstances given that this proposal is to convert an existing building next to a town centre location. Taking all matters into account, it is considered that this proposal complies with Policy HSG 10 with the exception of Criterion 5 which shall be dealt with under Policy TR 13 in the following paragraph.
4.5 Policy TR 13 requires an assessment of various matters to be taken into account including: - the level of traffic generated from the proposal; the impact a development will have on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. The applicant has submitted plans showing the provision for 10 off-street parking spaces to the rear of the site in the vacant underused back garden land. It is proposed to access this parking area by an existing side access road which measures 4.25 metres wide. It was requested that this access be widened to 5.5 metres to allow for two vehicles to pass on entering and leaving the site. The applicant has agreed to submit amended plans to accommodate this. A condition is also proposed to ensure that the vegetation adjacent to the access is maintained ensuring nothing grows higher than 1.05 metres to provide maximum visibility at this junction. As indicated in paragraph 4.1 above, the Transportation Team Leader has recommended refusal of the application due to there being no visibility to the right from the existing railway bridge adjacent to the site and there is no other area where parking can be provided. The alternative to demolish and re-develop the site has been assessed however this was not an option given that the flats on the top floor of this property are under separate ownership. The applicant has provided a parking layout plan for this proposal showing the provision for 10 off-street parking spaces within the site with space for vehicle manoeuvrability within to allow all vehicles to access and egress the site in forward gear. In addition, a double garage also exists to the rear of the existing building for the existing properties. The parking provision is sufficient to accommodate both the existing and proposed flats in line with Transportation guidelines. Thus, although this proposal is not considered to be completely in accordance with Policy TR 13, I consider the access arrangements to be acceptable at this site given that this proposal is for three additional units only. Widening this existing access in keeping with Transportation guidelines will also ensure access arrangements for the existing properties are improved. The indicated transportation shortcomings are considered to be outweighed by the benefits of the re-use of this otherwise partially vacant building. 4.6 In response to comments received by my Protective Services section regarding the requirement for the submission of a noise and vibration impact assessment due to the site location next to a railway, I am of the opinion that such an assessment is not considered to be necessary in this case given that this is an established building with existing residential properties within.
4.7 In conclusion, the application is considered to comply with Policies RTL 9 and HSG 10 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). Although as indicated the proposal is not completely in accordance with Policy TR 13, taking all matters into account it is considered that this proposed conversion will regenerate this building with a use which will be in keeping with the surrounding land uses in this area while providing adequate levels of parking within the site. I therefore recommend that planning permission is granted subject to conditions.