AGENDA −−ITEMNorthNo.
Lanarkshire Council
Planning Applications for consideration of Planning and Transportation Committee
Committee Date: 22 March 2017
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE
22nd March 2017
Page Application No Applicant Development/Site Recommendation No
11−22 16/0I271IPPP Barratt Homes Residential Refuse (P) West Scotland development with And CALA associated Homes (West) infrastructure, landscaping and engineering works. Land To The North Of Cumbernauld Road And East Of Hornshill Farm Road Stepps
23−30 16/01 925/PPP Mr S Linn Erection of Grant Dwellinghouse (Permission in Principle) Coach Close Kilsyth
31−36 16/02182/FUL Mrs Razia Change of Use of Refuse Afzal Shop to Hot Food Request for Takeaway (8AM − Hearing 5PM) and erection of flue 115 High Street Newarthill Motherwell MI−1 5JH
37−49 16/02234/MSC Bellway Erection of 155 no. Grant (P) Homes & Dwellinghouses and Deuchny Associated Works Properties LLP Site East Of Johnston Road And lnchnook Avenue Junction Gartcosh 50−58 16/02253/FUL Energen Installation of Plant Grant Biogas (Combined Heat and Power Unit) with a 22m High Stack and Grid Connection Apparatus Enclosure 3 Dunnswood Road Wardpark Cumbernauld G67 3EN
59−68 16/02281/FUL Clyde Valley Demolition of Grant Housing Existing Building and Association & Erection of 40 Wilson Dwellings Developments Site At Ltd 22 F rood Street Forgewood Motherwell MI−1 3TA
69−75 16/0231 4/FUL PMH Erection of a Storage Grant Developments and Distribution Unit Ltd with Associated Car Parking, Servicing Areas, Landscaping and an Attenuated Drainage Strategy Site To The West Of Woodside Eurocentral Holytown
76−80 1 6/02346/FUL Telefonica Installation of a 21 Grant metre Slimline Lattice Mast with 3 no. Antennae, 2 no. 300mm Dishes, Radio Equipment Housing and Ancillary Development Woodend Farm Dullatur Road Kilsyth G65 OPZ 81−85 16/02385/FUL Mr John Change of Use from Grant McAllister Class 5 (General Industry) to Tyre Recycling Business (Sui Generis) Centrelink 5 Calderhead Road Dykehead Shotts ML7 4EQ
86−91 1 6/02405/FUL North Change of Use from Grant Lanarkshire Agricultural Land to Council New Park and Ride Car Park (174 Parking Bays) and Associated Works Site South Of Harthill South Services Harthi II Shotts
92−96 1 7/00004/FUL Miss Xiang Change of Use of Grant Lan Lin Class 1 Retail Premise to Class 3 Hot Food Carry Out, Installation of Extract Flue to Rear Elevation, Erection of Signage and Internal Alterations 40 − 48 Main Street Village Cumbernauld Glasgow G67 2RX
97−104 1 7/00034/AMD Viridor Limited ApplicationNon−compliance 1: Grant with conditions 1 & 14 of planning approval ref: 1 5/02537/AMD: Amend Design and Scale of the Facility Including Incorporation of 35m High Chimney Stack Viridor Waste Management Langmuir Way Bargeddie G69 7RW 105−110 1 7/00035/FUL Viridor Limited TwoErection−Storey of a Grant Office Building, Acoustic Fencing, Relocated Weighbridge, Alterations to the Existing MRF Facility and Associated Parking, Yard, Access and Environmental Improvements Viridor Waste Management Langmuir Way Bargedd ie G69 7RW
111−117 1 7/00062/PPP Mr Daniel Dwellinghouse (in Refuse Smith Principle) Site To North East Of Macinnes Drive Newarthill Motherwell
118−130 1 7/00160/AMD Macrocom Section 42 Grant (1023) Limited Application to Modify Request for Planning Conditions Hearing Relating to Archaeology and Finished Materials for Waste to Heat Energy Recycling Facility (1 3/02371/AMD). Site At Former Drumshangie OCCS Greengairs Road Greengairs
131−137 17/001 78/FUL McGoldrick Construction of 6 Grant Developments Flats (Renewal of Ltd Planning Permission) 10 Old Mill View Croy G65 9JB 138− 17/00191/FUL Ogilvie Homes Proposed Erection of Refuse (P) 150 Ltd 11 No. New Dwellings to Vacant Site Sites East Of King's Drive Westerwood Cumbernauld
(P)
16/01271/PPP If minded to grant, legal agreement required for education contribution
16/02234/MSC If minded to grant, legal agreement required for affordable housing provision
17/00191/FUL If minded to grant, legal agreement required for affordable housing provision Application No: Proposed Development:
16/01271 /PPP Residential development with associated infrastructure, landscaping and engineering works in principle.
Site Address:
Land to the North of Cumbernauld Road and East of Hornshill Farm Road Stepps North Lanarkshire
Date Registered:
4th July 2016
Applicant: Agent: Barratt Homes West Scotland and GALA Homes Geddes Consulting (West) Quadrant C/O Geddes Consulting 17 Bernard Street 17 Bernard Street Edinburgh Edinburgh UK Scotland EH6 6PW EH6 6PW
Application Level: Contrary to Development Plan: Major Application Yes
Ward: Representations: 005 Strathkelvin 81 letter(s) of representation received. William Hogg, Frances McGlinchey, John McLaren, Brian Wallace,
Recommendation: Refuse
Reasoned Justification:
The proposed development is contrary to the Development Plan (Spatial Development Strategy of the Glasgow and Clyde Valley Strategic Development Plan 2012 and the North Lanarkshire Local Plan 2012). The impact of the development is not sustainable in terms of the loss of open green belt land and the impact on the schools infrastructure. The applicant has failed to demonstrate the need for additional housing land at this location to meet a perceived shortfall in housing land supply within North Lanarkshire. The applicant promoted the site through the local development plan process and it was rejected by the Council as not meeting the assessment criteria and as such the proposal runs counter to the plan led approach to development. If granted, the proposal would set an undesirable precedent for other similar inappropriate development within this pressurised housing area.
Legal Agreement
If minded to grant, planning permission should not be issued until a legal agreement has been concluded which allows for a financial contribution from the Council to address education mitigation. ' \ Glen − −
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Reproduced by permission of Planning Application: 161012711PPP the Ordnance Survey on behalf Name (of applicant): Barratt North of HMSO. ©Crown copyright Homes N A narkhireCoundl and database right 2009. All West Scotland And CALA Homes j rights reserved. Ordnance (West) V Survey Licence number Site Address: Land To The North Of PA 100023396. Cumbernauld Road And East Of Hornshill Farm Road Stepps North Lanarkshire Development: Residential development with associated infrastructure, landscaping and enaineerina works. Recommendation:Reasons:−The Refuse for the Following
proposed development is contrary to the Spatial Development Strategy of the Glasgow and Clyde Valley Strategic Development Plan 2012 and policies DSP1 (Amount of Development), DSP2 (Location of Development), DSP4 (Quality of Development), NBE3A (Green Belt) of the North Lanarkshire Local Plan as it is considered to be an unjustified incursion in to the Greenbelt. The site is not supported by the Local Plan development strategy and would constitute an unacceptable form of Green Belt development. The site is included as part of the designated Green Belt and its development would result in the ad hoc eastward expansion of the settlement of Stepps. The proposal would therefore result in the unacceptable of loss Green Belt land and have an irreversible adverse visual impact on the open character of the site.
2. The information submitted by the applicant does not support the need for additional housing land at this location to meet a perceived shortfall in housing land supply within North Lanarkshire. The development will also have a negative impact on the public infrastructure within Stepps in terms of the need to develop additional teaching space within Stepps primary school and relocate existing community uses currently contained within the school. The proposed development therefore does not accord with the Sustainable Location Assessment (as contained within Diagram 4) of the Glasgow and Clyde Valley Strategic Development Plan 2012.
Background Papers:
Consultation Responses:
Scottish Environment Protection Agency, received 21s' of July 2016 Scottish Natural Heritage, received 31d of August 2016 Transport Scotland, received 8th of February 2017 The Coal Authority, received 11th of July 2016 Scottish Water, no response received Strathclyde Partnership for Transport, received 5th of August 2016 Play Services Manager, received 1 11h of July 2016 Traffic & Transportation Team, received 3rd of November 201 6,231d of January and 7thof March 2017 Learning and Leisure Services, (Education Resources) received 21st of July 2016 Environmental Services, (Greenspace Development Team), received 6th of October 2016 Protective Services (including Pollution Control), received 21st of July 2016
Planning and Transportation committee report of 27 th January 2016, Local Development Plan Planning and Transportation committee report of 101h August 2016, Local Development Plan
Contact Information:
Any person wishing to inspect these documents should contact Mr Craig McIntyre at 01236 632500
Report Date:
13th of March 2017 APPLICATION NO: 161012711PPP
REPORT
Site Description
1.1 The application site extends to 14.8 hectares (36.5 acres) and mainly comprises open grassland and some scrub woodland. It is located to the north and east of the urban area of Stepps south of Garnkirk Burn and west of the A806 link road to the M80. The site contains a farmhousesemi−detached and associated farm out buildings known as Gateside Farm and two private dwellings which front onto the A80. The vehicular access to the site is currently from a substandard junction onto the A80.
2. Proposed Development
2.1 The application which is in principle proposes a new residential development accessed via a new and improved junction onto the A80. The applicant has provided an indicative layout demonstrating the potential capacity for 200 units split into two groupings to the north and south of the site linked by the main access. Drainage infrastructure in the form of a SUDs pond would be installed in the south west corner of the site.
3. Applicant's Supporting Information
3.1 The applicant has provided supporting information summarised as follows:
• Pre Application Consultation Report • Planning Statement • Design Statement • Transport Assessment • Noise Impact Assessment • Air Quality Impact Assessment • Landscape and Visual Impact Assessment • Green Belt Assessment • Tree Survey and Arboricultural Constraints Report • Geo−environ mental Investigation Report • Flood Risk Assessment • Archaeological Assessment • Education Impact Assessment • Sustainability Statement • Housing Land Supply Assessment • Statement of Site Effectiveness
3.2 A Supporting Planning Statement was also received and can be summarised as follows:
Under Material Considerations' the applicant states the SDP figures confirm a minimum housing shortage within North Lanarkshire that will not be addressed due to serious short comings and non —delivery of existing zoned housing sites. The Scottish Planning Policy (SPP) guidance as to how the planning system should address delivery of new homes (identify 5 year supply of effective house land) is also cited. The applicant concludes that the material considerations on this site outweigh the local plan policies of the North Lanarkshire Local Plan in that the site does not perform any Green Belt function and the proposed development could immediately contribute to the claimed housing shortfall. 4. Site History
4.1 The planning history includes the following applications received at the site location:
. 931003061PL Construction of Link Road (A806) to the M80, withdrawn
4.2 The site was assessed during the Call for Sites' Main Issues Report consultation process (site submission number 0013/05) for inclusion into the emerging Local Development Plan. It was considered the Green Belt site was an important part of the countryside between Stepps and Chryston and therefore failed the assessment.
5. Development Plan
5.1 This application site raises issues of a strategic and local nature and therefore must be considered in terms of the Strategic Development Plan and Local Plan.
5.2 The site falls under Greenbelt in the Spatial Development Strategy of the Glasgow and the Clyde Valley Strategic Development Plan 2012.
5.3 The site is identified as NBE3A Greenbelt in the North Lanarkshire Local Plan (NLLP).
6. Consultations
6.1 The Coal Authority confirm no objection to the proposal as the site does not fall within the defined Development High Risk Area
6.2 Strathclyde Passenger Transport having considered the application and have no comments with regards to the impact on the public transport infrastructure.
6.3 Transport Scotland has considered the Transport Assessment and the impact on the trunk road and requested that a condition limiting the capacity of the development to 200 units be attached to any consent in order to ensure the safe and efficient operation of the trunk road network.
6.4 Scottish Natural Heritage has no comments to make on the proposed development.
6.5 Scottish Environment Protection Agency (SEPA) have no objection to the proposed developmentpre−planning on flood risk grounds. SEPA previously commented on this proposal at the stage, raising flooding concerns, and requested the provision of further information. Further information was provided in the form of a Flood Risk Assessment from Kaya Consulting Ltd (dated April 2016). Following the agent's submission planning conditions as per SEPA's recommendation can be imposed.
6.6 NLC Traffic and Transportation raise no objection but confirm any detailed application should be based on Designing Streets' with the access into the site from the A80 designed to a local distributor road standard before transitioning to a Designing Streets layout. NLC Traffic and Transportation also requested a Street Engineering Review is undertaken to support a 'Designing Streets' layout. In terms of sustainability it is noted that the site has limited access to bus and rail services. Following concerns about the location of the proposed vehicular access to the site and its impact on adjacent bus lay−by's to the south of Cumbernauld Road the applicant provided a revised proposal which was deemed to be acceptable. However, further modifications to the proposed junction and the local distributer road (A80) may be required as part of the prior submission of any detailed planning application.
6.7 NLC Education Resources confirm the proposed development is not included on the housing land supply list and prefer that the development did not proceed as the primary schools within the area would not be able to absorb the pupil product that the development would bring. Given the tight constraints on the site occupied by Stepps Primary school and cultural centre, there is limited potential to add additional infrastructure. Therefore should this development go ahead, it is envisaged that the pragmatic way to increase that capacity of Stepps Primary School would be to transfer some of the current 'community' facilities on the campus building and relocate the community facilities to elsewhere within the local community. This would be contrary to the building design which was created as a 'community hub'.
6.8 NLC Protective Service (Pollution Control) have no objection to the application provided that prior any development works a Validation Report (relating to potential noise levels within habitable rooms facing onto Glasgow Road) and a comprehensive Site Investigation Assessment is submitted for the Planning Authority's written approval.
6.9 NLC Play Service confirm no objection provided detailed information confirming the locations scale and play equipment is submitted for their approval with any detailed planning application received.
6.10 NLC Greenspace Services advise no objection to the application provided detailed plans and mitigations proposals protecting biodiversity, birds and mammals that may be affected by the proposed development are received with any detailed planning application. NLC Greenspace also ask that footpath connections are provided from the site to the wider area.
7. Representations
7.1 81 representations were received objecting to the proposed development, including a submission from Stepps & District Community Council. The following provides a summary of the comments received:
a) The principle of development of the site is contrary to both the current North Lanarkshire Local Plan and the emerging North Lanarkshire Local Development Plan.
b) The application site is a protected Greenbelt area and the proposed development is therefore contrary to local plan policy. The land is a valuable area for recreational activities. There is no locational need for the proposed residential development and would lead to urban sprawl. There are sufficient existing Brownfield sites within the area that could accommodate the proposed development.
c) The proposed development will have an adverse impact on the surrounding road network in terms of added congestion leading to potential road and pedestrian safety with particular concern on the safety of children walking to nearby schools.
d) The proposed development would have a detrimental impact on the public infrastructure facilities and local amenities of Stepps. The existing schools within the area are currently at capacity and would not absorb the additional pupils of the proposed residential dwellings. The current public transport and shopping facilities serving the area is inadequate and would not be able to cope with the additional users of the proposed development
e) The erosion of the greenbelt site would be detrimental to the wildlife present in the area, would destroy the rural feel of the area and would impact negatively on the landscape. The hydrology of the adjacent Garnkirk Burn SINC will be detrimentally impacted.
f) The proposed development would lead to increased levels of pollution and noise.
g) Developing the site would lead to flooding and drainage issues.
h) The development will have an adverse effect on the existing dwellings at 188 and 190 Cumbernauld Road in terms of the loss of vehicular access to the properties, loss of privacy, impact on drainage and flooding issues etc. and as such is contrary to policies HCF1 and DSP 4. 8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise.
8.2 Development Plan: The Development Plan consists of the Glasgow and the Clyde Valley Strategic Development Plan 2012 and North Lanarkshire Local Plan. The application is of strategic significance due to the zoning of the site in the adopted Local Plan and indicative number of dwellings proposed.
8.3 The site forms part of the Greenbelt under the Spatial Development Strategy of the Glasgow and the Clyde Valley Strategic Development Plan 2012 (SOP)
8.4 The Spatial Development Strategy notes that the Green Belt is central to the sustainable planning of the Glasgow and Clyde Valley city region and provides support to the positive action−orientated Green Network programme (a pro−active approach to wider environmental improvement throughout the plan area). In terms of the Spatial Vision of the SDP, it highlights that the Green Belt is an important strategic tool with a significant role to play in achieving key environmental objectives by directing planned growth to the most appropriate locations, and creating and safeguarding identity through place−setting and protecting the separation between communities. The SDP goes onto consider that the review of Green Belt boundaries should be a priority of Local Development Plans so as to ensure those key environmental objectives are achieved.
8.5 Strategic Support Measure 10 'Housing development and local flexibility' notes that local authorities should continue to audit their housing land supplies in light of prevailing market conditions with a view to maintaining an appropriate five years effective housing land supply guided by a defined sustainable location assessment, taking into account the vision of both the SDP and local development plan. The Council accepts that there is a shortage in housing land supply within North Lanarkshire as a whole when considered against the requirements of the SPP and SOP, however, we would contend that there is no shortage in the Cumbernauld Sub Market Housing Area (SMHA). Indeed there is an oversupply of sites which has placed considerable pressure on the public infrastructure in this particular SMHA (see paragraph 8.12 below) The Council would therefore contend that if additional housing sites are required to meet a perceived shortfall then they are best met in the other SMHA's within North Lanarkshire rather than being directed to this already pressurised area.
8.6 The SDP also considers known demand and need, established in the Development Plan. It is the position that the North Lanarkshire Local Plan identified the formal allocation of sites through due process and that any remaining shortfall should be addressed through subsequent reviews of the Development Plan, which offers a well−considered planned approach. This site is not considered acceptable in planning terms for primary Green Belt reasons. The applicant has provided a supporting statement arguing the land serves no functioning Greenbelt role. This is not accepted for reasons outlined below in paragraphs 8.9 to 8.11, 8.19 and 9.1 to 9.5.
8.7 Regarding the Sustainable Location Assessment of the development within the SOP (as contained within Diagram 4) it is considered that this development proposal does not accord with the spatial development strategy and does not support its spatial role or function. In terms of Diagram 4 of the SDP, it is concluded that there is no need for the site and therefore there is no scope to suggest that this may be an acceptable departure from the Spatial Development Strategy.
North Lanarkshire Local Plan (NLLP):
8.8 The North Lanarkshire Local Plan zones the site as NBE3A 'Green Belt' and not part of any planned land supply.
8.9 Policy DSP1 'Amount of Development' is relevant, with specific reference to Criterion B Potential Additions to Planned Land Supplies due to the Green Belt status of the site. Additions to housing land supplies greater than certain thresholds outside identified sites require to be justified by demand assessments. It is also considered that there are more appropriate ways of considering housing land supply, that is, through the cycle of the local plan process. In response to the applicant's comments on Housing Land supply, the Planning Service would maintain that this is a strategic matter to be addressed appropriately through the Local Development Plan process, rather than incrementally through planning applications considered contrary to the development plan. Housing land Supply conditions will always vary in time and even where there is an interim identification of short fall, this could be towards the end of a plan period with no immediate matter to be resolved. Ultimately, shortfall in housing supply is a matter for the Development Plan to address and it is noted that a submission has been made by the applicant to that effect. As also mentioned above in paragraph 4.1, the site did not meet the Call for Sites assessment for inclusion into the emerging Local Development Plan (LDP). It should also be noted that the latest agreed Housing Land Audit is 2014. Over the effective period, 2,982 houses are programmed in the Cumbernauld Housing Sub Market Area. The Private Annual Housing Requirement set out in the Main Issues Report of the current plan cycle is 231 units, giving rise to a figure of 1617 units, representing a surplus of 1365 units. This contradicts the applicant's claim of a housing land supply shortage.
8.10 Policy DSP2 'Location of Development' further considers the strategic approach to development locations. Located in the Green Belt and not forming part of the strategic housing land supply (as set out in policy HCF2 'Promoting Housing Development and Community Facilities'), reference to Criterion B: 'a Potential addition to planned land supplies' is relevant. This states that new developments may be granted in the Green Belt, where they are consistent with locational criteria (maintaining clearly defined urban and rural boundaries) and the associated Supplementary Planning Guidance (SPG) on Green Belt Development. However, this development more broadly fails to constitute an acceptable form of Greenbelt development, as well as being an unjustified incursion into and erosion of the Greenbelt function. In this respect it fails to comply with policy DSP2.
8.11 In this respect, policy NBE3 'Assessing Development in the Green Belt' is also relevant. This defines acceptable forms of development in the Green Belt, including proposals necessary for agriculture, forestry, horticulture, telecommunications, renewables or appropriate outdoor recreation. Mainstream housing, as proposed here, is inconsistent. The associated SPG outlines the key purposes of the Green Belt as set out in Scottish Planning Policy (SPP) as including directing growth to the most appropriate locations, and to protect and enhance the landscape setting and identity of towns. This proposal is considered to result in the expansion of Stepps resulting in a significant effect on the character of the area, reduces openness and is a form or urban sprawl that encroaches into the rural area that contributes to the wider Green Belt function. The application is therefore considered to be contrary to policy NBE3 'Assessing Development in the Green Belt' as well as DSP1 and 2.
8.12 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. The comments from Education Resources are that given the tight constraints on the site occupied by Stepps Primary school and cultural centre, there is limited potential to add additional infrastructure. Therefore should this development go ahead, it is envisaged that the pragmatic way to increase that capacity of Stepps Primary School would be to transfer some of the current 'community' facilities on the campus building and relocate the community facilities to elsewhere within the local community. This would be contrary to the building design which was created as a 'community hub'. It is anticipated that, should the planning authority determine that this application be permitted, a developer contribution would be required in order to mitigate the impact on the community campus. The monies received would be required to build additional community facilities to replace those being reallocated to the school in the current Stepps Primary and Cultural Centre campus. There would also be additional infrastructure required at the St Joseph's PS campus. Given that a developer is only expected to contribute relative to the impact of their development, it is highly unlikely that the contributions received from the developer would offset the costs incurred by the council to increase education provision at the schools and create additional community facilities required as a result. Therefore, should the planning authority be minded to grant this application, they are encouraged to acknowledge the need for the Council to commit the required financial resources to deal with the additional community facilities which would be required. These costs would not be known until expert opinion of architects (on the cost of solutions) is provided. It is not realistic to provide this information at this time, however, costs for the proposals would be concluded before a Section 69/75 is agreed and signed. If the development was granted, and an agreement regarding contribution is reached, we would request that the developer contribution be held for 10 years following completion of the final house and that the contribution would be returned thereafter if not spent on provision within this time. While the financial contribution towards school provision could be addressed through legal agreement the development as proposed would not accord with the intent of DSP3 as it places a significant burden on the social infrastructure of the community.
8.13 Policy DSP4 (Quality of Development) states that development will only be permitted where high design standards of site planning and sustainable design are achieved. Developments are also required to integrate successfully into the local area avoiding harm to neighbouring amenity and adverse impact on adjacent properties. The provision of roads, access and parking also requires to be assessed.
8.14 In terms of visual impact, the applicant suggests the there would be no significant landscape or visual effects arising from the development and that the introduction of a strong landscape structure would ensure visibility of the housing would be limited. However, I would contend that as the proposed mitigating tree planting would not achieve the mature height for 40+years from a landscape/visual aspect the development would have an adverse impact on the setting of Stepps and does not justify departure from the requirements of development in Greenbelt land.
8.15 In terms of internal design and layout, it is accepted that a suitable layout could be achieved subject to detailed consideration. This would include play provision requiring the submission of further detail within the overall development in complying with current adopted standards. Similarly, in terms of infrastructure requirements, while challenges have been identified, no substantive reason for refusal has emerged from the consultation process. On transportation matters, the applicant has submitted a Transportation Assessment and notwithstanding the various points raised by Traffic and Transportation, it is accepted that in technical terms, the development could be accommodated despite some concerns about the current levels of public transport provision in the local area. As the application is in principle only, it is accepted that final details of the access and internal layout could be considered as part of a future application ensuring the outstanding matters identified through the consultation process are satisfactorily achieved.
8.16 The Garnkirk Burn SINC borders the site. As this is an application for planning permission in principle, it is accepted that this resource could be adequately protected as part of any future development.
8.17 Due to the proximity of the site to Cumbernauld road (A80) and the motorway access road (A806), Protective Services requested a Noise Impact Assessment as part of the assessment of this application the findings of which were considered acceptable. The main mitigation required is for achieving acceptable noise levels within habitable rooms facing onto Cumbernauld Road. Protective Services therefore request submission of a Validation Report with any application and houses are designed to alleviate noise issues.
8.18 It is accepted that drawings and additional information that would be received with any detailed planning application would address some criteria of the policy DSP4 in terms of impact on amenity, road layout, flooding etc. However notwithstanding this, the development fails to meet other important criteria in that the development of the site would have a significant irreversible impact on the landscape and would have an urbanising effect on the local environment. It is considered that the proposal would harm the character of the landscape and visual amenity of the established greenbelt and is therefore contrary to policy DSP4. 8.19 Drawing together consideration of the North Lanarkshire Local plan, it is concluded that the proposal is contrary to policies DSP 1, DSP2, DSP4 and NBE3, for reasons relating to housing land supply and demand and unacceptable impact on the open character of the Green Belt. Accordingly, given this conclusion and the assessment of the SDP in earlier paragraphs, it is concluded that the proposal is contrary to the Development Plan and must therefore be refused planning permission unless material considerations suggest otherwise.
9. Material Considerations
Scottish Planning Policy (SPP)
9.1 SPP provides general principles by which Scottish planning policy and other land use matters should be assessed. The purposes of Green Belts include directing growth to the most appropriate locations and to protect and enhance the quality, character, landscape setting and identity of towns. It notes that Green Belt designation should provide clarity and certainty on where development will and will not take place. The Council has expressly defined Green Belt boundaries within the North Lanarkshire Local Plan and has very clear related policies on acceptable Green Belt proposals. The nature and extent of the development proposed here is contrary to those policies and therefore, the SPP.
9.2 SPP indicates that where a proposal would not normally be consistent with Green Belt policy, it may still be considered appropriate either as a national priority or to meet an established need if no other suitable site is available'. No component of the proposed development could be justified as an overriding national policy in terms of established need and an effective short term housing land supply has been identified by the development plan process, subject to periodic review (currently in progress), as such, this is not considered to be an appropriate site, with more appropriate ways of addressing this matter as identified through the North Lanarkshire Local Development Plan examination process.
9.3 It is acknowledged that national policy accepts that in some circumstances coalescence may create a more sustainable settlement pattern. However, it was also highlighted that Green Belt designation can otherwise be used to retain the existing character around settlements, and the conclusion to retain the site within Green Belt is firmly consistent with SPP. On balance any decision to support development on this site which would impact on the Green Belt should essentially be a strategic one, to be addressed either in an overall review of the Green Belt, or in a Local Development Plan.
Housing Land Supply
9.4 Strategy Support Measure 10 of the SDP provides the policy mechanism to allow the early release of land in advance of the adoption of the emerging local development plan (LDP) in order to contribute to the five year effective housing land supply. The release of sites should be guided by criteria in diagram 4 (the Sustainable Location Assessment) to find the most suitable locations, infrastructure constraints and funding, the site being of a scale which is capable of delivering its house completions in the next five years, and the vision and planning principles of both the SDP and the LDP. A number of criteria within diagram 4 are not relevant to the proposed development e.g. network of centres and low carbon energy or would score neutral at best. However, given the green belt status of the site it is considered that the site scores negatively against the green network and infrastructure criteria for the reasons set out in paragraphs 8.4, 8.5 above.
9.5 In response to the applicant's comments on Housing Land supply, as mentioned above in paragraph 8.9, the Planning Service would maintain that there is a surplus of effective housing land in this particular housing sub−market area and that zoning of additional sites is a strategic matter to be addressed appropriately through the Development Plan process, rather than incrementally through planning applications considered contrary to the development plan. The council is currently considering many such submissions and requires dealing with these consistently on all matters, including land supply. It should also be noted that the latest agreed Housing Land Audit is 2014. Call For Sites
9.6 As part of the emerging Local Development Plan process, the council has asked developers to suggest suitable development sites and this is commonly known as Call for Sites". As part of this process, the applicant has submitted this site for consideration in comparison to a number of alternative sites and assessed against agreed criteria. The submission to the "Call for Sites" enables the site to be considered consistently and strategically in terms of the development plan process and the wider area. Committee considered a report on the Call for sites in February 2016 and this site was not included in the list of sites to be incorporated into the forthcoming Local Development Plan as it did not score favourably against the assessment criteria.
10. Assessment of Consultation Responses and Representations
Consultation Responses
10.1 The comments from Greenspace in regard to the implementation of a programme of biodiversity mitigation reports could be addressed by conditions. Similarly the Site Investigation and Validation Report requested by Protective Services could also be conditioned. The scale and design of the development to overcome any noise concerns raised by Protective Service would be assessed once a detailed layout is submitted.
10.2 In respect to drainage and flooding, SEPA are satisfied with the information provided by the applicant verifying that the potential flood risk associated with the indicative developable area would be conditioned as part of this application. Consequentially this application exists to establish the principle of residential development and any future application would be required to address those technical aspects in some detail.
10.3 With regards to Transportation comments it is considered the technical design of the proposed new access junction, Designing Streets layout and the Street Engineering Review would be addressed when detailed plans are received.
10.4 The developments impact on the social infrastructure of Stepps (as set out in para 8.12 above) is unsustainable as it places a significant financial burden on the Council to provide replacement community infrastructure which would be displaced from Stepps primary school. These costs could not be covered by any legal agreement with the developer who can only be asked to contribute to the impact on classroom provision not community resources.
10.5 In terms of the other consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions attached to any permission should the Committee approve the application.
Representations:
10.6 In response to representations, the following comments are given:
a) The development proposal is indeed contrary to the land use plan zonings within the NLLP and NLDP, the site is zoned as Green belt in both documents with a presumption against development unless for limited prescribed reasons, not volume speculative housing development.
b) The application is contrary to the principle Green belt policy as discussed above in points 8.9 to 8.14, 8.19 and 9.1 to 9.5.
c) The applicant has submitted a Transportation Assessment and notwithstanding the various points raised by Traffic and Transportation, it is accepted that in technical terms, the development could be accommodated. As the application is in principle only, it is accepted that final details of the access and internal layout could be considered as part of a future application ensuring the outstanding matters identified through the consultation process are satisfactorily achieved. The current public transport provision is not of a magnitude sufficient in recommending refusal of this application.
d) Learning and Leisure Education Resources have highlighted capacity issues in the local primary schools and have indicated that they can't support the application, however, if it were to be granted consent they would require a developer contribution towards classroom provision within the local schools plus additional community facilities.
e) In respect to protected species the applicant's ecology report satisfies the terms of the relevant policies and wider legislation and detailed mitigation reports on potential impact of particular species using the site would be addressed following submission of a Matters Specified by Condition application
f) The applicant submitted an Air Quality Assessment, Noise Impact Assessment and a Vibration Report which have all been considered acceptable by NLC Protective Service. A Validation Report will be required following submission Matters Specified by Condition application.
g) The applicant has submitted drainage detail sufficient for determining a planning application in principle. Further detail would be required following the submission of a Matters Specified by Condition application in order to consider all drainage matters and their impact associated with this site should the Committee be minded to approve this application. Similarly Scottish Water were consulted and comments requested on the developments impact on it infrastructure.
h) The Council recognises the concerns of the existing residents of the dwellings on Cumbernauld Road and will ensure that their amenity is protected during the assessment of any detailed planning application. The developer would be required to provide an alternative vehicular access to the rear of these properties if the existing access track is blocked and restricted to a pedestrian footpath.
10 Conclusion
10.1 Drawing all these factors together, the proposed development is considered to be contrary to the Development Plan as it constitutes inappropriate and unjustified development in the Green Belt by way of the current development plan policy, the current situation in terms of housing land supply and in terms of landscape impact. Despite the applicant arguing that there are material considerations in favour of the nature of the development proposed, these are not considered to outweigh the policies of the local plan both in respect to housing land supply in general, and specifically in regard to the site in question. The application is also premature in that it seeks to pre−empt the due process of the Local Development Plan. It is not accepted that the site's zoning fails to meet the criteria for Green Belt within the SPP.
10.2 In conclusion, there are major planning policy issues (SPP, SDP and Local Plan) that this proposal fails to satisfy, and the applicants have failed to provide a satisfactory justification for their development in the Green Belt. The proposed development is contrary to policies NBE3A, DSP1, DSP2 and DSP4 of the North Lanarkshire Local Plan in that the supporting information submitted does not justify the loss of valuable green belt land and the proposed development would have a significant adverse visual impact on the character of the surrounding area. If granted, the proposal would set an undesirable precedent for other similar inappropriate development. Application No: Proposed Development:
16/01925/PPP Erection of Dwellinghouse (Permission in Principle)
Site Address:
Coach Close Kilsyth North Lanarkshire
Date Registered:
17th January 2017
Applicant: Agent: Mr S Linn N/A 15 Coach Close Ki Isyth G65 OQB Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 001 Kilsyth 5 letters of representation received (four Jean Jones, Heather McVey, Alan Stevenson, objections and one letter of support).
Recommendation: Approve Subject to Conditions
Reasoned Justification:
Although the site lies within the Green Belt, it is considered that the development of the plot is acceptable in this case as it will round off the boundary of the built up area and rationalise the Green Belt boundary.
ProposedConditions:−That
before any part of the development starts, a further planning application shall be submitted tomatters:the−(a)Planning Authority in respect of the following
the siting, design and external appearance of dwelling; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the provision of drainage works; (f) the disposal of sewage; (g) details of existing trees, shrubs and hedgerows to be retained; (h) details of existing and proposed site levels.
Reason: To enable the Planning Authority to consider these aspects in detail.
That notwithstanding the generalities of Condition 2 above, the proposed dwellinghouse shall:
a) be no higher than one two storeys in height, b) front Coach Close C) have no buildings or other obstructions within three metres of the Scottish Water pumping chamber.
Reason: To ensure that the site is developed in an acceptable manner.
3. That notwithstanding the generalities of Condition 2 above, full details of the proposed vehicular andwriting:pedestrian−(a) accesses shall include the following unless otherwise agreed in
Drainage facilities shall be provided to prevent surface water running onto the public road. (b) Any gates shall open inwards not outwards onto the public road. (c) Driveways shall be paved for the first 2m to prevent loose chippings being carried onto the public road. (d) Access to Driveways shall be via a dropped kerb vehicular access which should be a maximum width of 5m. (e) Driveways shall be a minimum of 3m wide and 10m long or 5m wide and 6 m long to prevent vehicles overhanging the footway. (f) Driveways shall meet the road at right angles in order to maximise visibility in both directions. (g) Driveways shall be a minimum of 15m from a road junction. (h) Driveways shall have maximum gradients of 10%. (i) No fencing/ planting/ obstructions etc. shall be provided within visibility splays where they would have a negative impact on the required visibility distances. (No higher than 1.05m higher than the channel.) (j) Visibility splays of 2m x 20m shall be provided from the driveways. (k) Off street car parking shall be I − 2 bedroom = 2 spaces, 3 − 4 bedroom = 3 spaces and 5 + bedroom = 4 spaces.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
Background Papers:
Consultation Responses: Letter from Scottish Water received on 23d February 2017 Letter from The Coal Authority received on 8h March 2017 Memo from Protective Services received on 15th February 2017 Memo from Traffic & Transportation received on 2nd March 2017 Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500 Report Date: 13th March 2017 APPLICATION NO. 161019251PPP
REPORT
1. Site Description
1.1 The application site is a vacant site between two existing dwellinghouses at Coach Close, Kilsyth. The site consists of untended shrubs and a Scottish Water pump station located on the south western corner of the site. It is bounded by established residential properties to the east, west and south, while to the north is open countryside. It is noted that directly to the south east of the application site is a recently constructed dwelling house which received planning permission in 17th January 2013 (ref: 12/00948/FUL). Vehicular access to the site already exists directly from Coach Close.
2. Proposed Development
2.1 Planning permission in principle is being south for the erection of a two−storey detached dwelling. Although the application is for planning permission in principle, an indicative layout has been submitted to show that the site can accommodate a detached dwelling with garage and vehicular access from Coach Close.
3. Applicant's Supporting Information
3.1 The applicant has provided no supporting information.
4. Site History
4.1 There is no relevant site history
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 In the adopted North Lanarkshire Local Plan, the application site is located within the green belt and is covered by Policy NBE 3A (Assessing Development in the Green Belt).
6. Consultations
6.1 A summary of comments from the consultees is as follows:
Traffic & Transportation no objections (in principal) subject to following: − Drainage facilities should be provided to prevent surface water running onto the public road. − Gates if required should open inwards not outwards onto the public road. − Driveways should be paved for the first 2m to prevent loose chippings being carried onto the public road. − Access to Driveways should be via a dropped kerb vehicular access which should be a maximum width of 5 m. − Driveways should be a minimum of 3m wide and lOm long or 5m wide and 6 m long to prevent vehicles overhanging the footway. − Driveways should meet the road at right angles in order to maximise visibility in both directions. − Driveways should be a minimum of 15m from a road junction. − Driveways should have maximum gradients of 10%. − Where driveways exceed lOm in length only the first 2 spaces will be considered as usable parking spaces. − No fencing/ planting/ obstructions etc. should be provided within visibility splays where they would have a negative impact on the required visibility distances. (No higher than 1.05m higher than the channel.) − Visibility splays of 2m x 20m should be provided from the driveways. − Parking: 1 − 2 bedroom = 2 spaces, 3 − 4 bedroom = 3 spaces and 5 + bedroom = 4 spaces. Protective Services have no objection to the proposal and refers to best practice relating to noise from construction, construction hours, dust control, construction waste and light pollution. iii. Scottish Water has noted that there is a sewerage pumping station within the application site which is north of the vehicular access. Scottish Water requires that there should be free access to this pumping station chamber and cabinet at all times. There should be no buildings or other obstructions within three metres of the pumping chamber. Scottish Water records also show that there are two private potable water supply lines running through this site and while Scottish Water has no interest in these pipes, the owners of no. 15 Coach Close and South Barrwood Cottage may have deeds of servitude to allow access onto this land for maintenance and repair of their supply pipes. If the developer wishes to divert these pipes, they should consult with the relevant owners and under no circumstances should the developer build over a pressurised potable water main. Scottish Water does not object on capacity grounds. iv. The Coal Authority considers that the content and conclusions of the Mining Risk Assessment Report are sufficient for the purposes of the planning system in demonstrating that the application site is safe and stable for the proposed development. The Coal Authority has no objection to the proposed development.
7. Representations
7.1 Following the standard neighbour notification process and local press advert, 5 letters of representation have been received, four objections and one letter of support.
7.2 The main grounds of objection include Green Belt location, local plan submission, large site, pathways, amenity, road safety, sewage pumping station, parking, infrastructure, public footpaths and public transport.
7.3 The letter of support states that the proposed dwelling would finish the street off as it is just waste ground that looks out of place.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan: North Lanarkshire Local Plan: Although the application site is located at Coach Close, Kilsyth, the land is zoned as Green Belt and covered by Policy NBE 3A (Assessing Development in the Green Belt) which aims to protect the Green Belt through a presumption against development other than that associated with appropriate rural uses such as those necessary for agriculture, forestry or horticulture, facilities for outdoor recreation, tourism, telecommunications or other appropriate rural uses etc. The wider area is an established residential area and is covered by Policy HCF 1 A (Protecting Residential Amenity and Community Facilities − Residential Areas) where there is a presumption against developments detrimental to residential amenity in primarily residential areas. It is considered that, given the nature of the development and the recently constructed dwelling to the south east (ref: 12/00948/FUL), it is considered that the proposed dwellinghouse will infill an existing gap between two dwellings to round off the boundary of the built up area and rationalise the Green Belt by providing a strong boundary all of which complies with the principal policy in the Local Plan.
8.3 The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). DSP 1, DSP 2 and DSP 3 are not an issue given the scale and nature of the development. Policy DSP 4 states that development will only be permitted when design is of a high standard where it is considered that the detached dwelling at this location compliments the surrounding residential properties without resulting any significant impact on the amenity levels. It is considered, therefore, that the proposal is in accordance with policies of the North Lanarkshire Local Plan.
8.4 New build development The proposal seeks to develop a vacant plot of land located between two existing dwellinghouses on either side of the application site within the boundary of Kilsyth. The site is sufficient size that can adequately accommodated a detached dwelling within the application site as well as providing sufficient usable garden ground. The proposed dwelling would be in keeping with and complement the existing residential properties in the locale. Due to the size of the proposed house plot, this will not result in a detrimental impact on the character and amenity of the existing residential properties. Planning conditions are recommended to ensure that the proposed dwelling will be in keeping with the scale and character of the surrounding residential area.
8.5 Consultations: Concerning the Protective Services comments relating to best practice relating to noise from construction, construction hours, dust control, construction waste and light pollution will be added as informatives on any planning permission. With reference to the comments made by Scottish Water, a planning condition is recommended to ensure that no buildings/structure are within 3 metre of the pumping station. Regarding the comments made by Traffic & Transportation, suitable planning conditions to this affect are recommended. The comments made by the Coal Authority are noted.
8.6 Representations: In terms of the objections raised, I would offer the following comments:
Point of Objection: The land proposed for development sits within already designated Green Belt and, if this is the case, it breaches Scottish Planning Policy in respect of Green Belt protection.
Comment: The land use zoning of the application site is noted and discussed in detail above.
Point of Objection: The area in question formed part of a previous development submission which came under a major review by Reporters, instructed by the Scottish Government in 2011, in respect of the NLC Local Plan. This land, along with other adjacent development proposals (Woodend Farm, in particular), was rejected as being unsuitable for development − a position supported by NLC and by the findings of the Reporters. There were a myriad of reasons supporting why this area was not suitable for development and these reasons are still valid.
Comment: This is noted, however, this current application seeks to permission for one dwelling on this smaller site.
Point of Objection: The outline area of land being proposed for the development of a single dwelling house is very large and disproportionate. It therefore a lead to suspicion that more than one house is ultimately being considered by the applicants.
Comment: The current proposal is for one dwelling, any additional dwellings would require a new planning application.
Point of Objection: There is an established pathway which leads through the land being proposed for development. This path has long been used for local access to walks and through to the Colzium Estate, a popular local leisure destination.
Comment: There are no designated footpaths located within the application site.
Point of Objection: This specific area of Kilsyth has perfect, scenic and tranquil surroundings with limited number of dwellings in the neighbourhood and there is a concern relating to overdevelopment of Coach Place and Coach Road and the impact of this, which risks spoiling a neighbourhood that is currently idyllic and recognised as such by those who travel from near and far to walk and enjoy the beautiful, peaceful surroundings and natural environment. Comment: The proposed development is limited to the application site, the wider area will not be affected by the proposal.
Point of Objection: The notified application form indicates a single dwelling house with three car parking spaces provided. There is already a concern about road safety in the area. Regularly, there are occasions when walkers on Coach Road needing to move quickly for their own safety to avoid speeding, or badly driven cars. An increase in population of Coach Road or Coach Place will increase the probability of a serious accident occurring and potential of a fatality.
Comment: The Council's Traffic & Transportation service has no objections to the proposal on road safety grounds.
Point of Objection: The land in question houses a sewage pumping station that services Coach Close. Historically it has had many problems and has required many visits from Scottish Water to investigate and address these problems − often daily. There is a concern that a development here could adversely affect its accessibility and serviceability. Scottish Water vehicles (including large tankers) are currently able to park in a turning area, but the turning area also falls within the land being proposed for development and so there is a risk of them having to park in Coach Close itself, which is already very busy with parked cars.
Comment: Scottish Water has not objected to the proposal provided no buildings or other obstructions are located within three metres of the pumping chamber.
Point of Objection: All houses in Coach Close and the surrounding streets have their own driveways and garages, but there is still the need for street parking. More often than not, cars are parked from the bottom of Coach Close up past the area in question. There is a concern that another house would add to traffic levels on a narrow street that already contains many parked cars, thereby increasing the safety hazard; and add to the number of cars that residents would try to park in the street.
Comment: A planning condition is recommended to ensure that suitable off street parking is included in the proposal.
Point of Objection: The infrastructure in the area is barely coping with the houses that already exist and it is difficult to see how it would cope with possible several more houses. There is already a new development close by at the Woodend Steading which is still in progress and will put pressure on supply systems as there have been incidents with water pressures in the local area.
Comment: Scottish Water does not object on capacity grounds.
Point of Objection: There are no footpaths at all on Coach Road which is very narrow and in poor repair. There are no streetlights which makes it even more dangerous. There is no lower speed limit so cars drive dangerously. There have been many accidents, and increased traffic in the area would potentially mean more. All of these issues would need to be addressed and facilities provided if permission is given for more houses in the area.
Comment: The Council's Traffic & Transportation service has no objections to the proposal on road safety grounds.
Point of Objection: Coach Road/Close are not supplied with any form of public transport so allowing even more private houses would conflict with any green travel commitments of local council.
Comment: This is noted, however, this is not sufficient grounds to warrant the refusal of this planning application. 9. Conclusions
9.1 It is considered that the proposed dwellinghouses it is considered will close off a gap site within the built up area and rationalise the Green Belt by providing a strong boundary which accords with the adopted North Lanarkshire Local Plan in that the proposal is in keeping with wider established residential area. Taking the above into consideration and notwithstanding the objections received, it is recommended that planning permission in principle be approved. Application No: Proposed Development:
16/02182/FUL Change of Use of Shop to Hot Food Takeaway (8AM − 5PM) and erection of flue Site Address:
115 High Street Newarthill Motherwell ML1 5JH
Date Registered:
19th December 2016
Applicant: Agent: Mrs Razia Afzal N/A 56 Woodfoot Road Hamilton ML3 8LW Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 017 Motherwell North 17 letter(s) of representation received. Shahid Farooq, Helen McKenna, Peter Nolan, Pat O'Rourke,
Recommendation: Refuse
Reasoned Justification:
The development proposed is considered to be contrary to Policies HCF 1A, RTC 3B and DSP 4 due to the detrimental impact that would occur on road safety, residential amenity as a result of odours/fumes and general disturbance.
Recommendation:Reasons:−1. Refuse for the Following
The proposed change of use would be liable to give rise to the generation of odours and general disturbance to the detriment to the amenity of neighbouring residents and as such would be contrary to Policies HCF 1A, RTC 3B and DSP 4 of the adopted North Lanarkshire Local Plan. Furthermore, notwithstanding the public car park, the use is likely to contribute to an increase in short term on street parking to the detriment of road safety.
Background Papers:
Consultation Responses:
Environmental Health (including Pollution Control) − 8.2.17 Traffic & Transportation − 15.2.17 Contact Information:
Any person wishing to inspect these documents should contact Ms Lisa Smith at 01236 632500
Report Date:
24th February 2017 REPORT
1. Site Description
1.1 The application building is located a short distance from a neighbourhood and local centre. It is an existing vacant shop unit within an established residential area and forms part of a terrace of buildings. Directly next to the application building within the terrace is a one and a half storey house, a hairdresser, a convenience store with an external cash machine and two flats. Immediately east at the side of the application building there is a two storey detached building which houses the Newarthill Credit Union and across the road there is a barbers, a public car park off of which a public house and car diagnostic business can be accessed. Outwith this, the site is surrounded by dwelling houses. Another neighbourhood and local centre is located west of the site within Newarthill.
2. Proposed Development
2.1 The proposed development is the change of use of shop to hot food takeaway (8AM − 5PM) and erection of a flue.
3. Applicant's Supporting Information
3.1 The applicant has advised that the shop's vacant status has resulted in open space within its curtilage at the rear being used as a dumping ground for rubbish. Despite there being a fence around the ground which accompanies the application building a resident of one of the flats advised that the gate into it has to remain open to allow access to the other dwellings within the terrace.
4. Site History
4.1 99/00364/FUL Change of Use from Shop to Hot Food Takeaway − Refused 22.06.1999 04/00486/FUL Change of Use from Shop (Class 1) to Hot Food Shop Refused 10.06.2004 and 20" − Appeal dismissed − January 2005. 5. Development Plan
5.1 In the adopted North Lanarkshire Local Plan, the application site is located within an existing residential area with Policy HCF 1A − Protecting Residential Amenity and DSP 4 − Quality of Development. Policy RTC 3B − Assessing Retail and Commercial Leisure Development − Bad Neighbour Development is also relevant.
Consultations
6.1 The Council's Protective Service section have no objection based on comments made around the development meeting specified noise levels and standards for the works and maintenance required to ensure the control and disposal of cooking odours/fumes.
6.2 The Council's Roads and Transportation section have advised that they have no objection to the proposed development subject to a planning condition to ensure the adjacent public parking area was utilised by customers, as there is no on street parking next to the application building due to a traffic regulation order. They also confirmed that the proposed development would require 5 car parking spaces and is likely to result in short term on street parking.
Representations
7.1 17 letter(s) of objection representation were received with one person submitting two letters. A request for a hearing with the committee has been lodged. The objectors consist of the following; − Newarthill Community Council − 3 are from residents located directly to the rear of the application building; − 1 is from a resident across the road; − 3 are from residents some distance away from the application property; − 8 are from competing operators of hot food businesses (7 from one source). These objectors have raised issues around; public safety, road safety via increased number of cars in the area and the encouragement to children to cross a busy road; lack of on street parking; exacerbation of existing on street parking at the restricted area; lack of use of the public car park; pedestrian crossing in close proximity to the proposed development; over provision of hot food in the area; litter problems; close proximity to local school; smells from the proposed development prohibiting residential amenity of domestic gardens; worsen existing air pollution in the area; attraction of mice and vermin.
8. Planning Assessment
8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan the site is covered by HCF IA (Protect Residential Amenity). Policy DSP4 (Quality of Development) and RTC 3B (Assessing Retail and Commercial Development as a potential Bad Neighbour) are also relevant. These policies look to protect the amenity of neighbouring uses and the wider community through assessing the impacts of servicing, parking and the cumulative impacts of potential bad neighbour developments.
8.2 The application site is located within an existing residential area within a terrace of buildings which include a house, a hairdresser, a convenience shop with external cash machine and two flats. There is also the Newarthill credit union directly east of this row and across the road there is a barbers, pub and car diagnostic business. The site is surrounded by dwelling houses and a short distance away is a designated Neighbourhood and Local Centre with another neighbourhood and local centre located west of the site.
8.4 The proposed development is the change of the use of the existing shop to provide hot take away food between the hours of 8am to 5 pm with a flue emerging at the ridge of the application building at the roof boundary with a neighbouring house at 117 High Street. The applicant has advised that they own the house at 117 High Street.
8.5 Consultations: The Council's Protective Service section requirements for the need to adhere to standards for noise and stipulated criteria to control odours/fumes emitted by the development proposed are noted. Roads and transportation comments are explored in more detail in the paragraphs below.
8.6 Representations: With respect to the terms of objection set out at paragraph 7.1 above and a request for a hearing with the committee has been lodged. The following responses should be noted:
Comment summary Public and road safety via increased number of cars in the area; lack of on street parking; exacerbation of existing on street parking at the restricted area; lack of use of the public car park; close proximity to local school encouraging children to cross a busy road, pedestrian crossing in close proximity to the proposed development.
Response It is noted that the shop could reopen without the need for planning permission and that this would generate traffic. Whilst the proposed use may generate similar traffic levels such a use does tend to encourage short term on street parking. On street parking within the restricted area by customers using the existing business at the application site was witnessed during a site visit. Whilst it is acknowledged that there is a pedestrian crossing close to the existing shop unit, this pedestrian crossing is located directly outside the credit union and a barbers. In addition, the nearest existing hot food takeaway and convenience store is across the road from the existing school and therefore children crossing a busy road cannot be solely attributable to the change proposed. Whilst traffic and transportation had no objections, this was on the basis that conditions be imposed to ensure the public parking area was utilised. This is not possible and as indicated above, hot food uses tend to encourage on street short term parking. On this basis it is considered that the proposed use will have an adverse impact on road safety. Comment summary Over provision of hot food in the area; litter problems; smells from the proposed development prohibiting residential amenity of domestic gardens; worsen existing air pollution in the area; attraction of mice and vermin.
Response From site visits undertaken, an overprovision of hot food takeaways providing the service proposed in terms of cumulative impact, litter problems and vermin at this area within Newarthill were not readily apparent. In addition, over provision of a similar use in terms of competition is not a material consideration. Air pollution has not been raised as an issue by the council's protective service directly attributable to the change proposed. However, it is considered that the close proximity of dwelling houses, in particular those to the rear of the application building will experience a loss of residential amenity as a result of odours/fumes sufficient enough to cause concern.
8.7 In terms of parking and road safety, it is noted that the shop could reopen without the need for planning permission. It is also noted that there is an existing on street parking issue. Hot food uses tend to encourage short term on street parking and this is likely to exacerbate the existing situation. Accordingly, this proposal is likely to cause road safety concerns. In terms of amenity, however, it was considered that the location of the flue and the close proximity of neighbouring dwellings some with rear gardens which back on to the application site would be unacceptable in terms of odours/fumes and general disturbance. In terms of cumulative impacts, it is considered that whilst there are other hot food provision outlets within Newarthill, the location of the application site is a sufficient distance from those as to not create an apparent negative cumulative impact.
Conclusions
9.1 The development proposed is considered to be contrary to Policies HCF 1A, RTC 3B and DSP 4 due to the detrimental impact that would occur on road safety and residential amenity as a result of odours/fumes and general disturbance. Application No: Proposed Development:
1 6/02234/MSC Erection of 155 Dwellinghouses and Associated Works
Site Address:
Site East Of Johnston Road and lnchnock Avenue Junction, Gartcosh
Date Registered:
13th December 2016
Applicant: Agent: Bellway Homes & Deuchny Properties LLP N/A Bothwell House Caird Street Hamilton ML3 OQA
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 005 Strathkelvin 4 letters of representation received. William Hogg, Frances McGlinchey, John McLaren, Brian Wallace
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed residential development of 155 houses is considered to be in accordance with the relevant policies contained in the North Lanarkshire Local Plan 2012 and could be accommodated without unacceptable detriment to the character and amenity of the surrounding area. The development is considered to satisfactory comply with the conditions of planning permission in principle 13/01958/PPP.
Note to Committee
Should committee be minded to grant planning permission, the decision notice shouldn't be issued until a S75 Legal Agreement is concluded to secure the affordable housing commuted sum. Planning Application: 16/02234/MSC North Reproduced by permission of the Ordnance Survey on Name (of applicant): Bellway Homes & Lanarkhire behalf of HMSO. © Crown Deuchny Properties LLP Council Copyright and database right Site Address: Site East Of Johnston Road 2009. All rights reserved. A And lnchnock Avenue Junction, Ordnance Survey Licence number 100023396. Gartcosh Development: Erection of 155 Dwellinghouses and Associated Works ProposedConditions:−That,
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− GH/SK/01 REVISION G, 52.144.01 a, 52.144.02a, 52.144.03a, 52.144.04a, 52.144.05a, 52.144.06a, Avondale PL 01 A, Benbecula PL 01, Burgess PL 01, E10944/1001 Rev B, E10944/2001 Rev B, Erinvale PL 01, GH/LP/01 B, HT003_PL _01, HT007_PL_01, HTB_PL_01, Kinloch PL 01, Lomond PL 01, Merion PL 01, Oakmont PL 01, Pinehurst PI−01, Queenwood PL 01, Rosedale PL 01, Sunningdale PL 01, TF AA(9) 010, TF AA(9) 018, Victoria PL 01, 60520341/6001
Reason: To clarify the drawings on which this approval of permission is founded.
2. That before any aspect of the development starts a comprehensive site investigation (carried out in accordance with British Standard Code of Practice BS 10175: 2001 "The Investigation of Potentially Contaminated Sites") shall be submitted to and approved in writing by the Planning Authority; and any approved mitigation measures shall be incorporated into the development proposals and any approved ground remediation work shall be completed and verification provided by the developer to the satisfaction of the Planning Authority before building works start.
Reason: In the interests of public health, safety and wellbeing.
3. That any remediation works identified by the site investigation required in terms of Condition 2 above shall be carried out before construction works commence. 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 any agreed Remediation Strategy.
Reason: To ensure that any remediation identified has been implemented in the interests of the amenity and wellbeing of future residents.
4. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
6. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory sewerage and surface water drainage arrangements.
7. That all works included in the scheme of landscaping and planting, set out in drawings 52.144.01a; 52.144.02a; 52.144.03a; 52.144.04a; 52.144.05a; 52.144.06a shall be completed in accordance with a timetable that is agreed in writing with the Planning Authority before any development starts, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.
8. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges shall be removed from the application site, without the prior approval in writing of the Planning Authority.
Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.
9. That before the development hereby permitted starts, a detailed scheme for the provision of equipped play areas within the application site shall be submitted to, and approved in writing by the Planning Authority,include:−(a) and this shall
details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area; (d) details of the phasing of these works.
Reason: To ensure adequate provision of play facilities within the site.
10. That before occupation of the last dwellinghouse within the development hereby permitted, all works required for, and included in the scheme approved under the terms of condition 9, shall be completed.
Reason: To ensure adequate provision of play facilities within the site.
11. 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 continuingof:−(a) care, maintenance and protection
the proposed grassed, planted and landscaped areas; (b) the proposed SUDS area and pumping station; (C) any communal fences and walls; (d) play provision within the site.
Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity.
12. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 11 shall be in operation.
Reason: To ensure there is an adequate landscape maintenance scheme in place.
13. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt, these materials shall respect the palette of materials for the streets, junctions, footways, and driveways agreed under the terms of condition 14.
Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.
14. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the design and finish materials to be used in the construction of the streets, footways, junctions, parking courtyards and driveways, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the materials shall be a well considered palette to reflect the aims of Designing Streets and the materials agreed under the terms of condition 13.
Reason: In the interests of amenity and design by ensuring that the materials are appropriate for the site. 15. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
16. That before the last of the dwellings hereby permitted is occupied, all streets, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
17. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover:
• Details of the proposed phasing of all works; • Details of all on−site construction including means of access to the site and; • A dust management plan during the construction period:
The development shall be implemented in accordance with the approved Construction Method Statement.
Reason: In the interests of the amenity of the area, to minimise pollution risks arising from construction activities.
18. Should no development start within one year from the date of this permission, an updated protected species survey shall be carried out and the details of the findings of the surveys, including any mitigation measures shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, mitigation measures shall be implemented in accordance with a timescale to be agreed with the Planning Authority.
Reason: In the interests of the protection of natural habitats and protected species.
19. That the habitat protection and enhancement measures outlined in Chapter 6 Ecology and Ornithology' of the Environmental Statement (Montagu Evans October 2013) associated with permission 13/01958/PPP shall be implemented contemporaneously with the construction of the development.
Reason: In the interests of the protection of natural habitats
20. All works shall be carried out in accordance with the Habitat Management Plan by Brindley Associated, dated December 2016. Furthermore, all recommendations and requirements of that plan shall be implemented to the satisfaction of the Planning Authority.
Reason: In the interests of nature conservation.
21. That the recommendations of the Noise Assessment dated November 2016 by Envirocentre shall be complied with in full before the occupation of any dwellinghouses subject to mitigation.
Reason: In the interests of residential amenity.
22. That notwithstanding the terms of condition 1 above, before development starts, full design details of the roundabout serving the site shall be submitted to and approved in writing by the Planning Authority. Thereafter, the roundabout shall be constructed in accordance with the details approved under the terms of this condition.
Reason: To ensure a suitable level of access to serve the development.
23. That no development (other than site preparation and groundworks) shall commence until full details of a scheme for the provision of 16 affordable units on the site is submitted to and approved in writing by the Planning Authority. Unless otherwise agreed in writing by the Planning Authority, no more than 75 units of market housing shall be occupied until the affordable housing has been provided in accordance with the terms of the approved scheme. For the avoidance of doubt, this condition relates to on−site provision with the required financial contribution to be secured through a legal agreement.
Reason: To ensure the provision of affordable housing on the site.
Background Papers:
Consultation Responses:
NLC Traffic & Transportation 9.2.2017 and 10.3.2017 NLC Pollution Control 22.12.2016, 20.2.2017 NLC Play Services 31.1.2017 NLC Housing 17.2.2017 Scottish Water 9.1.2017 Scottish Gas Network 2.2.2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 632500
Report Date:
13th March 2017 APPLICATION NO. 16!02234!MSC
REPORT
1. Site Description
1.1 The application site is 8.34Ha and forms part of the Glenboig Gartcosh Community Growth Area (CGA). (Planning Permission in Principle 13/01958/PPP)
1.2 This site is currently farmland, open in nature and bounded primarily by post and wire fencing. The land is broadly flat at its northern section in an east−west direction but falls in level to the south and Johnston Road. There are some trees around the site, but a stronger line of mature trees down the eastern boundary.
1.3 To the north is further open land (also part of the CGA), to the west is an established residential area and to the east, a further residential area and individual residential property, although there is an intervening area of open space/trees. The southern aspect of the site is bounded by Johnston Road, beyond which is an existing farm and farmland, albeit these too are zoned within the CGA. The surrounding housing is primarily 2 storey detached and semi−detached.
2. Proposed Development
2.1 Proposed is a development of 155 units. This would form the first phase of development at this part of the CGA. The layout includes a mix of mostly detached properties with some semi−detached and terraced units. Most houses are either 3 or 4 bedroom, all 2 storey with a small number of 2−bedroom cottage flats. The layout includes 16 social rented units as part of the contribution to affordable housing. A financial contribution to affordable housing is also proposed.
2.2 The layout would be accessed from a new roundabout on Johnston Road, while within the site; the pattern consists of loops of primary and secondary streets. The proposed design of primary streets contains more defined pedestrian/vehicular delineation, with secondary streets being more informal. This is proposed to follow the principles contained within national policy, Designing Streets. Traffic calming is provided in the form of horizontal street design and junction types, opposed to vertical calming features, again following enhanced design policy. Most plots are relatively conventional in nature, with in−curtilage parking, although a terraced block is provided with a parking court which allows it to front towards Johnston Road. Otherwise, the layout is devised to allow a frontage to Johnston Road and towards a band of open space to the north.
2.3 Landscaping is proposed throughout the site and around the boundaries. There is also a stand−off around the outside of the site, creating a buffer with adjacent land uses. There is an area of open space within the site which is proposed to contain a toddlers play facility, with a much larger linear band of open space to the north which would contain more extensive play equipment. Footpath connections would also be incorporated.
2.4 A SUDS drainage basin is included at the south eastern part of the site.
3. Applicant's Supporting Information
3.1 It is noted that this application is for matters specified in conditions of planning permission 13/019581PPP. As such, information associated with that application remains relevant. The applicant has submitted the following additional information:
• Noise Report • Tree Report • Street Engineering Review • Habitat Report • Phasing Scheme 4. Site History and Community Growth Area
4.1 As noted earlier, this application is for matters specified in conditions of planning permission 13/01 958/PPP, part of the Glenboig Gartcosh Community Growth Area.
13/01958/PPP Residential Development of up to 450 Units, Access and Associated Works − Various Sites At Johnston Road, Gartcosh Approved 18t"August 2016
4.2 Two other large scale planning applications have been approved for the wider CGA. These are as follows:
14/01594/PPP Construction of Residential Development (up to 1040 houses) & Community Hub with Ancillary Works Including Access Road, SUDS & Landscaping − various sites around Glenboig to east of M73 Approved 10th February 2017
14/01849/PPP Residential Development with Associated Access Roads, Open Space, Landscaping and Ancillary Facilities (Including 0.5ha for retail purposes) (up to 300 houses) Approved 11th January 2017
4.3 It is important to note that each permission has a S75 Legal Agreement in place to secure developer contributions in respect to roads and education infrastructure. Those contributions thereafter filter down to the developers of each site, based on a contribution for each unit completed in a given year. The contributions have been developed on a strategic basis ensuring that for the 3000 units ultimately to be delivered through the CGA, the contribution per unit remains the same. This was a significant process in terms of agreeing and securing the financial mitigation. The current application is solely for resolving matters of detail within the planning permission in principle and is not an opportunity to revisit wider developer contributions towards roads and education infrastructure.
5. Development Plan
5.1 The proposals require to be assessed under the North Lanarkshire Local Plan and in particular under the terms of:
• DSAP (Development Strategy Area Priority 3: Community Growth Areas) • Development Strategy Policies 1, 2, 3 and 4 (assessment of amount, location, impact and quality of development) • Policies HCF 2 B: location for (Medium term) Housing development • HCF3 (Assessing Affordable Housing Development) • NBE1 Protecting the Natural and Built Environment
5.2 Although not part of the development plan, the council has agreed Supplementary Planning Guidance relating to the CGA by way of a Strategic Development Framework (SDF) which sets out how the CGA will be developed.
6. Consultations
6.1 The following consultation responses have been received, or are relevant from the current permission. Where appropriate some Planning Service comment is also provided:
6.2 NLC Transportation raise no objection to the application but provide points of detail in respect to the design of the proposed roundabout, aspects of the internal layout and the Street Engineering Review submitted in association with the application. On balance, it is highlighted that there is no recommendation to refuse the application and that amendments have been made to the layout to secure compliance in so far as possible. Outstanding issues raised are not considered to merit refusal of the application and final design of the proposed roundabout access can be secured via a condition. 6.3 NLC Protective Services raise no objection to the application. A condition is attached in order to resolve the requirement for a Site Investigation. A Site Investigation has been submitted and is currently under consideration. On comments of noise, a noise assessment has been submitted, recommending some very limited mitigation. This is acceptable to Pollution Control and a condition is attached in respect to compliance. Other matters raised can be applied as formal advice in any decision notice.
6.4 NLC Education Services were consulted as part of the planning permission in principle and a legal agreement is already in place in order to secure a financial contrition to education provisions.
6.5 NLC Play Services raise no objection to the application. Details in respect to the play equipment requirements are set out and final confirmation of equipment numbers and types can be secured via conditions.
6.6 NLC Housing has advised that discussions in respect to the affordable housing provision are at an advanced stage. This will be delivered through the provision of 16 units of social rented units within the site and a commuted financial contribution equivalent to 21 units.
6.7 SEPA were consulted as part of the planning permission in principle and raised no objection to the development. The requirements of the planning permission in principle have been carried through in this layout with a previous condition on flooding matters also attached.
6.8 Scotland Gas Networks raise no objection to the application. It is acknowledged that further discussion was required between the applicant and Scotland Gas Networks as a result of possible implications for a High Pressure Gas pipeline crossing through the site. Those matters were resolved with some amendments to the layout. Otherwise, separate requirements outwith the planning process may be highlighted as advice in any decision notice.
6.9 In terms of the Coal Authority responsibilities, the site lies within an area covered by standing advice.
6.10 Scottish Water raises no objection to the application.
7. Representations
7.1 Four letters of representation have been received. Three of these are objections from nearby residents. The fourth is a neutral representation from another party noting interest in different part of the CGA. The representations are summarised as follows:
• Concerns regarding loss of privacy, particularly due to elevated levels. • Concerns regarding overshadowing from properties within the view of established housing • Increase in noise pollution in comparison to existing field • Light pollution from the development • Loss of visual amenity as a result of the change from a field to built development • Concerns over resultant view • Impact on wildlife and habitat • Impact on local services such as schools, GP services and shops • No adequate recreational ground • Impact on already struggling water and drainage infrastructure • Precedent for further development, including a further access road in the designated buffer zone • Substantial increase in traffic noise and congestion on the road network • Loss of village status • Red line boundary excludes the proposed roundabout and cannot be approved • The proposed roundabout encroaches onto 3id party land • The proposed roundabout fails to safeguard or link to the CGA area to the south and therefore fails to comply with the SDF (Various quotes from the SDF are given) • Clarity is sought over the nature, scale and timing of the required roundabout link at a more northern part of this central area of the CGA, in particular noting linkages to the CGA further west 8. Planning Assessment
8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. It is considered that the proposal raises no issues of a strategic nature in terms of the Glasgow and the Clyde Valley Strategic Development Plan (SDP) 2012. It is noted that the Community Growth Area inception is from the Strategic Development Plan, however that is now translated through to local policy in the North Lanarkshire Local Plan and more recently in the approval of planning permission in principle.
North Lanarkshire Local Plan
8.2 The site falls within an area zoned as HCF 2B Locations for (Medium−term) Housing Development in the North Lanarkshire Local Plan and is identified as a Development Strategy Area Priority under policy DSAP3.
8.3 Policy DSAP 3 (Development Strategy Area Priorities): The site falls within the area identified as the Gartcosh and Glenboig Community Growth Area. This policy required the production of a Strategic Development Framework (SDF) to be adopted as supplementary guidance along with Concept Statements and Masterplans. The council subsequently approved an SDF in 2014 and as noted above, planning permission is principle has since been granted. This application should not revisit any of those matters of principle, but rather ensure compliance with the planning permission in principle and any other relevant design policy.
8.4 Policies DSP1−4 include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSP1 (Amount of Development), the proposed development site forms part of the housing land supply and complies from a quantative perspective. In light of the policy DSP1 Policy position, it follows that the proposal is consistent with the NLLP's basic locational criteria set out in DSP2.
8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. In this instance, the application forms detailed elements of the planning permission in principle. A S75 legal agreement is already in place and each unit will be subject to a contribution of £5,340 towards education provision and £2,622 towards roads infrastructure, subject to potential reduction as a result of City Deal funding for the Glenboig Link Road. These contributions will be rolled−out across all 3000 units within the Community Growth Area. In terms of affordable housing, discussions are at an advanced stage and this would be delivered through a separate legal agreement.
8.6 Taking the above matters into account, it is considered that the proposed development accords with Policy DSP3.
8.7 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. This also considers other impacts, such as amenity and privacy. In terms of the policy, proposals require to be assessed against a set of criteria.
a. Design Principles Including Provision for the Development and Links to Nearby Green Networks
8.8 The layout and nature of the housing proposed is considered to be acceptable, following a hierarchy of primary and secondary spaces. The layout has been developed to have good frontages and where these have not been possible, there is a buffer to adjoining land−uses and landscaping. Materials can be controlled via conditions. Internally, the density is considered acceptable with a central area of open space and a further northern band of open space, following the parameters of the masterplan taken forward through the planning permission in principle. While actual play equipment has not been concluded, discussions have been ongoing with the Councils Play Services and this matter can be taken forward via conditions. Satisfactory linkages are also considered to be provided to the surrounding area with future provisions to the north and a footpath link to Inchnock Avenue. b. Safe, Inclusive, Convenient and Welcoming Development
8.9 Access to the site has evolved following assessment and determination of the planning permission in principle. NLC Transportation raised no objection to the application. While it is acknowledged that the planning permission in principle requires that the roundabout from Johnston Road should be designed to have 4 arms (to serve the CGA to the south), no applications have yet been submitted for that element of the CGA. Subject to a condition on final design, a 3 arm roundabout is considered to be reasonable to serve the current development and development on the north side of the Johnston Road. The applicant has provided a plan demonstrating how a 4 arm roundabout could be developed in the future. While this would require future works (and extend into land at the south), for the purposes of ensuring the strategic delivery of the CGA, there is considered to be adequate demonstration in respect to the spirit of the condition within the planning permission in principle.
8.10 Otherwise, while some comments are given by NLC Transportation in respect to the internal, it is noted that the proposed site has been designed to take account of national policy guidance 'Designing Streets' in order to create a greater sense of place, and provide a nature of street design that is more integrated and considered. From a planning perspective, it is accepted that a more design led approach to the development has been achieved whilst satisfactorily meeting functional requirements, safety considerations and that all areas have a good degree of passive surveillance from the proposed housing. Other technical consideration can be taken through the construction consent process. In addition to the areas of formal open space (which are accessible and well positioned), throughout the layout it is proposed to incorporate additional landscaping with boundary hedging and tree planting. The above detailed design elements are considered to create a safe, welcoming development and in time, when landscaping within and around the development fully matures, one with good green elements.
c. Energy Resources and Sustainable Development
8.11 In terms of sustainable development, it is acknowledged that the site's inclusion for development purposes has followed the local plan process in light of housing land supply requirements in the wider area and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.
d. Air Quality, Noise and Pollution Impacts
8.12 With regard to potential pollution impacts, air quality was considered as part of the planning permission in principle and found to raise no undue concerns. A noise impact assessment has been submitted as part of this application and raises no significant concerns. No other pollution concerns have been raised through consultation.
e. Drainage and Water Body Status
8.13 SEPA were involved as part of the planning permission in principle, with detailed assessment of flood risk, ultimately raising no objection. Conditions from the planning permission in principle have been taken through into this layout. Scottish Water raised no objection to the application. A condition is proposed to ensure requirements of SEPA and general SUDS principles are satisfactorily achieved, and a further condition is proposed in respect to the developer meeting all requirements of Scottish Water.
f. Impact on Local Amenity
8.14 In terms of privacy, the generally recognised minimum distance between directly facing windows of 18 metres is met in all cases. In respect to loss of light and overshadowing, there is adequate distance from established housing. Within the site, standards are also met. Otherwise, no other amenity concerns are raised.
8.15 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4. Other Material Considerations
Planning Permission in Principle
8.16 The layout is considered to satisfactory meet the terms of planning permission 13/01958/PPP subject to conditions and a legal agreement in respect to affordable housing.
Consultations:
8.20 In terms of the consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission. In respect to protected species and ecology interests, an updated survey from the planning permission in principle has been submitted raising no significant implications along with a habitat management plan. Requirements to update surveys in the event of a delay in development and implementation of the habitat plan can be secured via conditions.
Representations
8.21 The following points of objection have been received:
• Concerns regarding loss of privacy, particularly due to elevated levels. • Concerns regarding overshadowing from properties within the view of established housing • Increase in noise pollution in comparison to existing field • Light pollution from the development
Response: The appropriate standards in respect to privacy and overshadowing are satisfactorily achieved. It is noted that there is a notable buffer between proposed and existing housing. This combined with the configuration of the layout will further ensure there would be no unreasonable impacts. Otherwise, no other pollution concerns have been raised following consultation with protective services. In broad terms, this site has planning permission for residential development and the principle of development is already confirmed. While this will result in a change in the environment, for example, the visual change, as a land−use it is compatible with established housing and associated changes in respect to streets lights and any light from a new residential area would remain within reasonable limits.
• Loss of visual amenity as a result of the change from a field to built development • Concerns over resultant view
Response: As above, planning permission in principle already exists for residential development at this location. Otherwise, the design is considered to satisfactorily meet standards. Loss of view is not a material consideration in planning terms, but while it is acknowledged that existing residents are concerned about what this means for amenity, it is considered on balance that good buffers and landscaping are in place around the boundaries which will soften impacts, particularly in time when landscaping matures.
Impact on wildlife and habitat
Response: Appropriate surveys have been carried out and a Habitat Management Plan would also be in place.
• Impact on local services such as schools, GP services and shops • No adequate recreational ground
Response: Planning permission in principle is already in place and developer contributions are secured in respect to education and roads infrastructure. Furthermore, also contained within the application is open space and additional play provision. This is considered to meet the appropriate policies. In respect to other impacts, there is currently no policy basis to secure further mitigation, nor does this form part of the planning permission in principle. Other parts of the CGA do however provide space for new neighbourhood centres and other facilities. Impact on already struggling water and drainage infrastructure
Response: This development follows planning permission in principle and there is no objection from SEPA or Scottish Water. Compliance with the requirements of SEPA and Scottish Water can be secured through conditions.
. Precedent for further development, including a further access road in the designated buffer zone
Response: Every application is considered on its individual merits and planning permission in principle already exists for this wider element of the CGA.
. Substantial increase in traffic noise and congestion on the road network
Response: The development follows assessment of planning permission in principle which was associated with an Environmental Statement and assessment of transportation impacts. These were found to be acceptable. This application is to consider the detailed layout. A financial contribution will be made to a scheme of infrastructure upgrades in the wider area.
. Loss of village status
Response: The CGA is a strategic priority of the Council, embedded in planning policy and already benefitting from planning permission in principle at this location.
. Red line boundary excludes the proposed roundabout and cannot be approved.
Response: It is acceptable for roads infrastructure associated with planning applications to be located outwith the red line boundary, providing it remains within the public road.
The proposed roundabout encroaches onto 3 rdparty land
Response: For the purposes of assessing this application, it has been satisfactorily demonstrated that the proposed roundabout can be constructed within the red line boundary and public road and appropriate certification has been provided within the application form.
• The proposed roundabout fails to safeguard or link to the CGA area to the south and therefore fails to comply with the SDF (Various quotes from the SDF are given)
Response: Adequate demonstration has been provided to confirm a 4 arm roundabout can be constructed to serve the CGA to the south. It noted that no proposals have yet been brought forward from that area.
• Clarity is sought over the nature, scale and timing of the required roundabout link at a more northern part of this central area of the CGA, in particular noting linkages to the CGA further west
Response: This would be delivered at a later stage in the development of this part of the CGA. It is accepted from a planning and roads perspective that this does not require to be provided as part of this application. Actual design would require to be developed and assessed as part of the appropriate application. It is acknowledged that there is an expectation that this is likely requires to link to the CGA to the west and communication between parties are encouraged.
Conclusions
9.1 In conclusion, following assessment of the application and notwithstanding the objections received, it is considered that the proposed residential development satisfactorily complies with the relevant policies of the North Lanarkshire Local Plan and the terms of planning permission 131019581PPP. It is therefore recommended that planning permission is granted subject to conditions. Application No: Proposed Development:
1 6/02253/FUL Installation of Plant (Combined Heat and Power Unit) with a 22m High Stack and Grid Connection Apparatus Enclosure Site Address:
3 Dunnswood Road Wardpark Cumbernauld G67 3EN
Date Registered:
2nd December 2016
Applicant: Agent: Energen Biogas N/A 3 Dunnswood Road Cumbernauld Glasgow G67 3EN
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 004 Abronhill, Kildrum And The Village No representation was received. Stephen Grant, Elizabeth Irvine, Tom Johnston,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development meets the criteria set out in the economic development and waste management policies contained within the North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the waste management site and the surrounding area. As such the proposal complies with Policy ED! 1A (Industrial and Business Areas) in the adopted North Lanarkshire Local Plan. The proposed development is considered to be acceptable and will not significantly detract from the amenity of the application site or the surrounding area.
ProposedConditions:−That,
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings: − Location Plan, Block plan PL01 Rev E, EDS−PR0248−0005 Rev 3 and STD−GC−003
Reason: To clarify the drawings on which this approval of permission is founded.
2. That the design, installation and operation of any air conditioning/ventilation or other plant for the commercial part of the proposed development and any other noise associated with the completed commercial 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 22.00 hours and N.R.C. 25 at all other times.
Reason: In the interests of the amenity of nearby residents.
That BEFORE the development hereby permitted starts, a scheme of replacement planting (biodiversity enhancement) equivalent in area to that lost to the development shall be submitted to, and approved in writing by the Planning Authority, for the avoidance of doubt it shall include:−(a)
Details of trees protection measures adjacent to the site during the development
(b) a scheme of replacement tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted;
(c) a detailed timetable for all biodiversity enhancement works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail, to ensure the retention and enhancement of the sits ecological value.
4. That prior to the development hereby permitted being completed, all planting 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 completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the environmental amenity of the area.
That should 12 months or more elapse between the timing of the initial ecological survey by Auiritas wild life survey dated October 2016 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.' Background Papers:
Consultation Responses:
Greenspace (ecology & access) memorandum received 17t1 January 2017. Environmental Health (including Pollution Control) memorandum received 17th January 2017. Scottish Environment Protection Agency letter received 30th January 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500
Report Date:
3rd February 2017 APPLICATION NO. 16/022531FUL
REPORT
1. Site Description
1.1 The site lies within an existing Anaerobic Digestion facility located at 3 Dunnswood Road, Cumbernauld, within an existing industrial estate (Ward Park). The area is characterised by established industrial/business units with the area adjacent to the existing facility being commercial units and yard areas. The site which is 1.85 (ha) in area includes a raised bank which the applicant intends to partially clear from the existing boundary vegetation and modify in preparation for the installation of plant. The application site also includes and area of hard standing set aside for the location of additional plant (combined heat and power unit and transmission plant) this area is out with any part of the existing access or servicing areas associated with the current Anaerobic Digestion facility.
2. Proposed Development
2.1 This proposal seeks approval for the installation of a Combined Heat and Power Unit (CHP) with a 22m High Stack and transmission plant to facilitate additional energy capacity generated from the existing operation. There are currently three of these (CHP) units on this site associated with the current operation of the existing Anaerobic Digestion unit at Dunnswood Road. The combined heat and power (CHP) is a reciprocating gas engine that the in biogas to produce electricity which is then fed direct to the grid such uses energy , as the application includes glass reinforced plastic housing for the onward transmission apparatus, measuring 3 metres in height with a footprint of approximately 30.5 metres square. The (CHP) unit measures 3.4 metres in height with a footprint of approximately 102 metres square with a stack 22 metres in height.
Applicant's Supporting Information
3.1 The applicant has submitted a report on protected species in support of their application.
4. Site History
4.1. Relevant and recent planning history includes the following applications:
• 08/01 376/FUL Construction of Anaerobic Digestion Plant application approved 6th November 2008.
5. Development Plan
North Lanarkshire Local Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 The site is zoned as EDI 1 Al Existing Industrial and Business Areas in the North Lanarkshire Local plan; policies EDI3 Al Recycling Centres, DSP 4 (Quality of Development) and Supplementary Planning Guidance (SPG) 10 Assessing Planning Application for Waste Developments is also material to the assessment of this application.
6. Consultations
6.1 SEPA confirmed no objection to the planning application and that the applicant has applied to SEPA regarding their licensing variation.
6.2 Protective Service (Pollution Control) has no objection to the proposal provided noise levels during installation and operation of the equipment do not exceed the recommended Noise Rating Curve (NRC) levels. A Condition is recommended, as a precaution, to ensure the recommended Noise Rating Curve (NRC) levels will be achieved during the operation of the proposed additional facility.
6.3 Greenspace services noted that a protected species survey was undertaken in October 2016, and generally accepted the findings of this survey, commenting that all recommendations within the survey should be taken forward. These should include clearance of the site out with the breeding bird season, further surveys if work on site has not commenced within 1 year of previous surveys, planting of native trees and shrubs to mitigate for the loss of part of the woodland strip if development is to proceed. It is recommended that the foregoing points are carried forward as conditions and informatives.
7. Representations
7.1 No objections were received following a local press advertisement. Adjacent neighbouring land has no buildings positioned within the 20 metres neighbour notification buffer.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 The application site is located within established industrial area which is covered by Policy EDI 1A (Industrial and Business Areas). Development Strategy Policies, (DSP 1−4) are also considered.
8.3 Policy EDI 1A (Industrial and Business Areas) supports the continuing industrial and business character of existing industrial and business areas. Therefore, the key consideration is whether the proposed installation of the proposed plant and stack would adversely impact on the overall business/industrial character of the area. In this regard, this proposal will result in development in keeping with the character of this established business/industrial area. The 22m stack is set against a back ground of existing (operation) industrial infrastructure and tank field, in an existing designated industrial area; the proposal could not reasonably be considered a significantly incongruous structure. It should be noted that plant and machinery can normally be erected up to 15m in height without the need for planning permission.
8.4 The North Lanarkshire Local Plan also requires proposed developments to be assessed against Development Strategy Policies; DSP 1(Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, due to the scale, location and nature of the development, the proposal will only be assessed against DSP 4 (Quality of Development).
8.5 Policy DSP4 states that development will only be permitted where high standards of site planning and sustainable design are achieved. Proposals should demonstrate that the proposed development integrates into the wider area in terms of design, scale, and noise. DSP4 also requires that waste facility proposals should also address energy and resource issues in order to create a sustainable development through effective storage, collection of waste and recyclable materials. In effect, this additional plant is a continuation of this principle established by the existing permission (paragraph 4.1), improving further an existing sustainable waste facility at an approved location.
8.6 Considering, the design and amenity implications it should be noted the plant would be erected to the rear of the existing facility, adjacent to large industrial structures positioned in the immediate background. The proposed plant would be largely hidden from view by the remaining boundary landscaping surrounding the site, with only sequential views of the plant visible to the immediate Forest Road. There are no nearby dwellings that will be significantly impacted upon by the development. Given the foregoing, It is considered that the relatively low visual impact and the presence of existing infrastructure and plant integrating with this additional proposed it is reasonable to conclude that the impact on the existing industrial area is acceptable thereby complying with this policy. 8.7 In turning to the potential for noise pollution, following consultation with pollution control it was considered that potentially noise producing plant which while being containerised and acoustically insulated, as a precautionary measure should be the subject of a planning condition recommending acceptable Noise Rating Curve (NRC) levels are achieved.
8.8 The applicant proposes to remove a small area of boundary planting during the course of installing the proposal. Policy (NBE 1 A) Protecting the Natural and Built Environment, considers development impact on the natural environment. The applicant submitted a protected species survey, in support of the application which was found to be acceptable, requiring no further mitigation relating to habitat. Green space services did however recommend that any boundary planting removed within this small area will be the subject of an equivalent replacement landscape plan (native species) elsewhere along the site boundary. The applicant has agreed to this measure and it is therefore recommended as the subject of a planning.
9. Conclusions
9.1 In conclusion, the proposal is acceptable and in accordance with the criteria stipulated in EDI IA (Industrial and Business Areas) in the adopted North Lanarkshire Local Plan. It is considered that the overall character or viability of the business/industrial area would not be adversely affected, particularly taking into consideration the other businesses within the estate and surroundings. The proposal is in keeping with the character and amenity of this location. The application thereby concurs with the relevant foregoing planning policies. Taking account of these matters it is recommended that planning permission be granted subject to conditions NORTH LANARKSHIRE COUNCIL
SUPPLEMENTARY REPORT
To: PLANNING AND TRANSPORTATION Subject: COMMITTEE Application No: 16/02253/FUL
Installation of Plant (Combined Heat and Power Unit) with a 22m High Stack and Grid Connection Apparatus Enclosure From Head of Enterprise and Place 3 Dunnswood Road Ward park Cumbernauld G67 3EN
Date 22ndMarch 2017 Ref: Planning Permission No: 161022531FUL
1. Purpose of Report
1.1 To note and take account of a member's request for clarification on potential noise levels associated with the proposed installation of plant, Combined Heat and Power unit (CHP) at the above site, and to dispose of the planning application in accordance with the attached report.
2. Background & Considerations
2.1 The above application was put before the Planning and Transportation Committee on 23 Id February 2017 where the members decided to continue the application while clarification was sought on potential noise levels from the (CHP) plant until the 22 nd March 2017.
2.2 It should be noted that during the initial assessment of the application NLC Pollution Control requested that a condition be attached to any planning permission to restrict noise to be within certain acceptable limits. As you will see from the report, such a condition is included in the recommendation.
2.3 The member, specifically, raised questions relating to the potential for noise impact and effective measures for controlling noise. In response, it is advised that following clarification from the applicant and further consultation with Pollution Control, for further consideration, they confirmed that they are satisfied that any noise from the unit would not cause a problem for the nearest noise sensitive property, which is an office block at Dunnswood House, some 140 metres away, and also note that they do not anticipate any noise issues arising with respect to residential properties, the nearest of which is approximately 350 metres away. They also do not anticipate that noise from the (CHP) unit proposed would greatly affect the cumulative noise levels. 2.4 Additionally, any resident who considers that there is a noise nuisance may complain to Pollution Control, who would investigate to see if there is a level of noise that would breach the statutory limits quite separate from the planning regime in terms of the Control of Pollution Act. The planning condition that is recommended would also have to be adhered to, and if there was evidence to show that it was being breached then the Planning Service would take that up with the site operator, with the potential to serve a Breach of Condition Notice. Having checked their record, Pollution Control have indicated that they have never received any complaints regarding noise from this particular site.
3. Recommendation
3.1 Pollution Control have confirmed that they do not anticipate any noise issues from the installation of this Combined Heat and Power unit such, it is recommended that , as planning permission be granted ,subject to the conditions contained in the attached report.
&"taj
Shirley Linton Head of Enterprise and Place
(1st March 2017)
Background Papers
Local Government Access to Information Act: for further information about this report, please contact Gordon Arthur on 01236 632500. Application No: Proposed Development:
16/02281/FUL Demolition of Existing Building and Erection of 40 Dwellings Site Address:
Site At 22 Frood Street Forgewood Motherwell MI−1 3TA
Date Registered:
29th November 2016
Applicant: Agent: Clyde Valley Housing Association & Wilson DTA Chartered Architects Ltd Developments Ltd 9 Montgomery Street C/o DTA Chartered Architects Ltd The Village East Kilbride G744SS
Application Level: Contrary to Development Plan: No
Ward: Representations: 016 Motherwell West 5 letters of representation received. Paul Kelly, Michael Ross, Annette Valentine,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
Although the proposal is arguably at odds with the approved policy for the site ie. Industry/Community Facilities of the North Lanarkshire Local Plan, it is considered that the site lends itself more to residential use than the local plan allocation as it is surrounded by residential dwellings on all but one side and would integrate satisfactorily with the surrounding, predominantly residential area and would not result in any unacceptable adverse impact on established residential amenity. 0
0
Reproduced by permission of Planning Application: 16/02281/FUL the Ordnance Survey on (of applicant): Clyde Valley North behalf of HMSO. © Crown Name Copyright and database right Housing Association & Wilson Lanarkhire 2009. All rights reserved. Developments Ltd Council Ordnance Survey Licence Site Address: Site At number 100023396. A 22 Frood Street Forgewood Motherwell MLI 3TA Development: Demolition of Existing Buildinq and Erection of 40 Dwellinqs ProposedConditions:−That,
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− L(0−)LP, L(1−)01 Rev L, 925−001, L(2−)01, L(2−)02, L(2−)03, L(2−)04, L(2−)05, L(2−)06, L(2−)07 and L(2−)08.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
4. That the SUDS compliant surface water drainage scheme approved in terms of Condition 3 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
5. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
6. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, andinclude:approved−(a) in writing by the Planning Authority, and it shall
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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail, to ensure high quality visual amenity.
8. That all works included in the scheme of landscaping and planting, approved under the terms of condition 7 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.
9. That before any of the units hereby permitted are occupied, all the access, parking and manoeuvring areas serving those units, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. Thereafter, all off−street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.
Reason: To ensure adequate provision of access, parking and manoeuvring areas.
10. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: In the interests of amenity by ensuring that fences and walls are appropriate for the site and for the general area.
11. That BEFORE any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 10 above, shall be erected.
Reason: To ensure the provision of adequate boundary treatment at the site.
12. That BEFORE the development hereby permitted starts, a comprehensive site investigation requires to be submitted. The investigation must be carried out in accordance with the British Standard Code of Practice BS 10175: 2011 "The Investigation of Potentially Contaminated Sites". The report must include a site specific risk assessment of all relevant pollution linkages, carried out in accordance with the Environment Agency publication, Model Procedures for the Management of Land Contamination CLRII, and be submitted in both hard copy and electronic format. Depending on the results of this investigation a detailed remediation strategy may be required. Any remediation work required must be completed and verification provided by the developer to the Local Authority's satisfaction.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.
13. That any remediation works identified by the site investigation required in terms of Condition 12, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.
14. That before any works start on site, details of the noise mitigation barrier to be erected along the whole length of the northern boundary, as requested in the Report by New Acoustics dated 2nd February 2017, shall be submitted to and approved in writing by the planning authority and thereafter constructed before any dwellinghouses within the site are occupied and details of the future maintenance of said barrier shall also be submitted and approved in writing by said authority.
Reason: In the interests of the amenity and wellbeing of future residents.
15 That notwithstanding the terms of this planning consent, no demolition or other works shall take place on the building within the application site until further bat surveys are undertaken, to determine the presence or not of bats as the potential for bat roosts has been noted in the Acorna Ecology Ltd Report dated December 2016 and Addendum Report dated 9th March 2017. No work shall be carried out until mitigation measures are agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.
16. That any mitigation works identified by the further bat surveys in terms of condition 15 above shall be carried out in accordance with the terms of the bat survey; to the satisfaction of the Planning Authority.
Reason: To ensure compliance with The Conservation (Natural Habitats & C.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.
17. That notwithstanding the terms of conditions 15 and 16 above and that before the development hereby permitted starts, a Bat Method Statement covering all demolition and construction works shall be submitted to, and approved in writing by the Planning Authority in consultation with Scottish Natural Heritage.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'
18. That any mitigation works identified by the Bat Method Statement in terms of condition 17 above shall be carried out in accordance with the terms of the Bat Method Statement; to the satisfaction of the Planning Authority.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'
Background Papers:
Consultation Responses:
Local Development Plan Team Email response from Education dated 2nd December 2016 Memo from Traffic & Transportation dated 3rd March 2017. Memo from Environmental Health (including Pollution Control) dated 22Iid December 2016, 3 March 2017 and 13th March 2017 Memo and emails from NLC Greenspace dated 2 nd December 2016, 1t March 2017 and 13" March 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500
Report Date:
15 March 2017 APPLICATION NO. 16/02281/FUL
REPORT
1. Site Description
1.1 The application site consists of a substantial steel portal frame building (clad in brick and roughcast) set within a yard. The yard comprises a tarmac circular traffic route around the building and areas of parking. There is well in excess of 100 vehicles scattered around the yard area. Access is taken from Frood Street with the main body of the site opening up some 55 metres back from the public road. The premises are partially used as a tyre, exhaust and MOT centre. A yard area to the rear of the aforementioned premises forms part of the application site. This is presently accessed from current industrial premises to the north and is partially used for vehicle storage purposes eg. lorries and cars.
1.2 The site is set within a predominantly residential area and is bounded by residential properties to the south east and west and by industrial premises to the north. A play area is located adjacent to the existing/proposed access to the site. The site is fairly flat and is long and narrow measuring some 1.4 hectares (3.4 acre). There are trees located within the site, predominantly on the boundaries of the site. A condition is proposed requesting details of all trees within the site to be removed/retained.
2. Proposed Development
2.1 The applicant seeks permission for the construction of 40 residential dwellings, consisting of 30 two storey semi−detached dwellings, 18 of which (type D) have 2 bedrooms and 12 type C which there are 3 bedroom. 10 flatted dwellings are also proposed, 6 of which are 1 bedroom apartments (type A) and 4 are 2 bedroom (type B). Access is to be taken via the existing access to the site, albeit that it is to be improved. All dwellings take access off this road leading to a 2 car driveway, with the exception of the flatted dwellings that have a parking court to the side of them. 6 visitor parking spaces are proposed between the entrance to the site and the first dwelling.
3. Applicant's Supporting Information
3.1 The applicant has submitted a Noise Impact Assessment, a Protected Species Report and a Transport Statement.
4. Site History
4.1 Planning permission was approved on 4th May 2007 for Change of Use of Distribution Depot to Tyre, Exhaust and MOT Centre (ref.no. 05/01933/FUL)
5. Development Plan
5.1 The application raises no strategic issues associated with the application, it can therefore be assessed in terms of Local Plan policies.
5.2 In terms of the North Lanarkshire Local Plan 2012, the site is located within areas identified as a Community Facility where Policy HCF1 Bi applies and an Industrial and Business area where policy EDI 1 Al applies. This policy seeks to maintain community well−being in residential areas by protecting community facilities and protect and support existing industrial areas. For information, the application site is a commercial operation and has never been a community facility. The previous two local plans identified the site as a Commercial/Industrial area. The more appropriate policies in considering the proposal should be HCF1A (Protecting Residential Amenity − Residential Areas) and DSP Policies and, in particular DSP4 (Quality of Development).
6. Consultations
6.1 NLC Traffic and Transportation have no objections to the proposal providing visibility splays of 4.5 x in60−curtilagemetres are provided and maintained at the proposed junction with Frood Street. Appropriate parking should be provided for each dwelling as well as visitor parking at 30% of the development. Visitor parking should be evenly distributed throughout the development and preferably in pairs. The visibility splay is unachievable due to driveway positions of existing dwellings on Frood Street, however, as it is an existing access to a commercial activity and has been used as such for a number of years, including an electrical wholesale distribution company, it is considered that the access is established and will arguably not be significantly busier than a Class 6 (storage and Distribution) use could be. It is not possible to provide all visitor parking spaces in pairs due to the limited size of the dwellings proposed, therefore a number of single bays are proposed (5). As the site is a fairly contained development and there is no through road, it is considered that this visitor parking arrangement is adequate in this instance.
6.2 NLC Education has confirmed that the local schools in the catchment area have sufficient capacity to accommodate any pupils from this development and will not be requesting a Developer Contribution. However, in the event that this development is not complete within 5 years of the date of permission they reserve the right to seek further developer contributions based on school populations and other local developments at that time.
6.3 NLC Pollution Control has stated that due to the previous industrial land use within the vicinity of the site, a site investigation is required in accordance with BS 10175:2001 "The Investigation of Potentially Contaminated Sites". Furthermore, a Noise Impact Assessment was requested as the proposed development is likely to be affected by noise from adjacent industrial premises as there have been complaints from existing, adjacent dwellings relating to excessive noise from the premises. An acoustic barrier has been recommended as mitigation against the noise, details of which have been requested through a condition.
6.4 NLC Greenspace have no objections to the proposal provided that Bat potential within the building to be demolished is fully investigated to the satisfaction of the Council in consultation with Scottish Natural Heritage.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, 5 letters of representationfollows:−Road were received. Their concerns are as
Safety
• Concerns about increased traffic and noise. An busy NHS facility is located opposite the entrance to the site, additional vehicles in the area will add to the already problematic traffic speeds and safety issues. A road safety survey should be carried out. • Traffic calming should be installed if more houses are being built. • Is access possible from Nethan Street as, if so, this would help alleviate increased traffic and congestion concerns. • Increased traffic onto BelIshill Road is already a problem. Is it possible to put in a roundabout at this junction? Environmental Issues
The development will have a detrimental impact on local wildlife especially if the trees are being removed. The site hosts a variety of birds, some of which are in decline. Other animals including foxes, hedgehogs are located within this area During the construction phase there will be litter, dust and noise caused by construction traffic and workers. The site must be secured and measures put in place to negate these issues. A barrier should be put up along both sides of the access during the construction phase. What is the estimated timescale for construction work at the site and what are the hours of operation.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan: North Lanarkshire Local Plan (NLLP): The site is covered by local plan policies Policy HCF1 Bi (Community Facility) and EDI 1 Al (Industrial and Business Areas). Policy HCF1 BI aims seeks to maintain community well−being in residential areas by protecting those community facilities shown on the proposals map. This land use allocation within the approved North Lanarkshire Local Plan 2012 is a drafting error, as no part of the application site is or has been a community facility in the past. It is therefore difficult to state the policy position in this regard other than that the site has been used for commercial purposes in the past ie electrical contractor and latterly as a MOT/Tyre garage. Residential areas are located to the south, east and west of the site, therefore the site is arguably more suited to a residential use, provided that it complies with all other relevant criteria.
8.3 Part of the site (approx 50%) is allocated as an Industrial and Business Area where policy EDI 1 Al applies. This policy states that the Council will support the continuing industrial and business character of existing industrial and business areas, where appropriate, by considering the relevant criteria such as considering ancillary development, changes of use, surplus industrial and business land supply and considering suitable alternative sites. The part of the application site that is allocated as industry is currently vacant, albeit that there is an element overspill haulage vehicles/cars located to the north of the site which are not associated with the MOT garage that operates out of the southern part of the site. There industrial premises to the north of the application site is fully operational without the need for this area, nor has it been utilised for any intensified industrial/business use in the past. It is considered that, due to this parcel of land being located in−between established residential areas, that it would lend itself more for residential purposes than industrial/business use and this would prevent a 'bad neighbour' situation for any would be tenant/owner of the land.
8.4 The physical impact of the proposal is also considered in the North Lanarkshire Local Plan (NLLP) which requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policy DSP 1 is not relevant. Policy DSP2 considers the location of development, Policy DSP3 considers impact of developments whilst DSP4 considers detailed design and both policies are discussed below.
8.5 Policy DSP 2 covers the location of development. Amongst other matters, this policy specifies that for developments to be acceptable, they should be consistent with locational criteria including, the use of brownfield sites, supporting the hierarchy of sustainable transport modes, safeguarding vitality and viability of centres (concurs with policy, RTC3 (Assessing Retail and Commercial Development)) in considering the foregoing the proposal accords with this policy.
8.6 Policy DSP3 considers the Impact of Development. The scale of this proposal is such that it would not place additional demands on community facilities or infrastructure that would necessitate new facilities or improvements in existing provision.
8.7 Policy DSP4 considers the quality of development. In this respect the proposal achieves an acceptable quality of development. The proposal is utilising an existing commercial operation in what is a predominantly residential area. The proposal is more appropriate than a commercial use nor indeed an industrial use which would comply with the industrial/business land use allocation for the northern part of the application site. Certain assessment criteria is considered when assessing proposals against this policy which are addressed below:
8.8 Part I & 2: Adequate drawings and surveys make it possible to adequately appraise the site, surrounding area and the proposals. The development is not considered to have a detrimental impact on archaeological interests, historic environment, landscape features and wildlife interests.
8.9 Part 3(a) Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing, colour, materials and open space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity.
In terms of layout, the residential properties in the surrounding area are two storey, predominantly semi−detached pitched roof facing brick/roughcast dwellinghouses. The proposed massing and scale of the development is considered acceptable for the site being two storey dwellings and flats.
8.10 The Developers Guide to Open Space minimum space around dwellings guidance is achieved for the 30 semi−detached dwellings located within the development as they have appropriate front and rear gardens and the distance to side boundaries is acceptable. The guidance requires that flatted properties meet the open space requirements of 20 m2 amenity space per bedroom. As the flatted element of the development will provide a total of 14 bedrooms, 280 m2 of open space is required. The proposal provides approximately 500m2 of open space, which is considered acceptable.
8.11 The layout ensures that there is no unacceptable adverse impact on residential amenity of adjacent neighbouring properties in terms of privacy, overlooking or overshadowing and, for the reasons outlined above, the development will in all other respects integrate satisfactorily with the surrounding area.
8.12 Part 3(b) safe inclusive convenient and welcoming development. Attractive pedestrian links, integration with public transport, green networks, wider links, access for cars and appropriate car parking being well located. The application site is located within a predominantly residential area with good footpath and transport links and adequate parking and manoeuvring areas.
8.13 Part 3(c) Sustainable Development: The proposal accords with the principles of sustainable development as it reuses an existing site within a predominantly residential setting with excellent pedestrian and transport links to the wider Motherwell area. It is also ideally located near a bus route.
8.14 Part 3(d) Mitigating likely air quality, noise or pollution impacts: The development of the site would not result in a significant increase in residential units and, as such, is highly unlikely to increase any impact on air quality. It is acknowledged that there will be noise associated with construction works, however this impact will be temporary. Ground investigation works will be undertaken and, should any contaminants be found as a result of the investigation, suitable mitigation works would be carried out. A noise report has been submitted and approved by Protected Services.
8.15 Part 3(e) Protecting Water bodies and SUDS/Drainage: There are no water courses within the site which require specific protection. A planning condition requires the submission of a detailed certified drainage scheme.
8.16 Neither Greenspace, Roads and Transportation nor Protected Services have any objections to the proposal, subject to the imposition of appropriate conditions.
9. Representations:
9.1 Afollows:summary−Road in response to the comments received as
Safety
• Roads and Transportation have assessed the proposal and are satisfied that the site can be developed without detriment to the area. The area doesn't meet the criteria for adding traffic calming measures along Frood Street even with the perceived increased traffic. • Accessing the site via Nethan Street is not an option as the application site does not share a boundary with it. • A development of this nature does not necessitate the construction of a roundabout at BelIshill Road.
Environmental Issues
A protected Species study has been completed for the site in accordance with European Legislation to establish the presence or not of European Protected Species. Some of the trees are to be retained within the site which will ensure that there will be areas for wildlife to flourish. The applicant will be required to secure the site for Health and safety reasons and must comply with Protected Services criteria when it comes to noise and dust being generated from the site. The Council is not in a position to force the developer into erecting a temporary barrier between the site and adjacent houses to help alleviate potential noise and dust migration. As stated above this would be controlled by Protected Services under their legislative powers. The Council has no way of knowing what the timescales are for completing the development. If permission is granted, the developer has 3 years to start the development. Protected Services have legislative powers to enforce noise thresholds on developers during the construction stage. 10. Conclusions
10.1 Taking the above assessment into account, it is considered that this development generally accords with local plan policy, albeit that half the site is allocated as a Community Facility when it is a historic commercial site and half of the site is allocated as industry/business. Residential use on the site is considered more appropriate that the present vehicle MOT testing /Tyre garage or an industrial yard. DSP1In terms−4, of the policies affecting the adjacent residential area, in particular Policy HCF 1A and it is considered that it will integrate satisfactorily with the surrounding area and cause no adverse impact on established residential amenity. Therefore, for the reasons detailed in the planning assessment above, and notwithstanding the representation received, it is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:
16/0231 4/FUL Erection of a Storage and Distribution Unit with Associated Car Parking, Servicing Areas, Landscaping and an Attenuated Drainage Strategy
Site Address:
Site To The West Of Woodside Eurocentral Holytown North Lanarkshire
Date Registered:
7th December 2016
Applicant: Agent:
PMH Developments Ltd UMC Architects Cedar House Newark Beacon Innovation Centre Greenwood Close Cafferata Way, Cardiff Gate Business Park Newark Cardiff United Kingdom Wales NG24 2TN CF14 9HS
Application Level: Contrary to Development Plan:
Major Application No
Ward: Representations:
015 Mossend And Holytown 1 letter of representation received. David Baird, James Coyle, Frank McNally,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The development can be accommodated without detriment to the Eurocentral Industrial and Business Park and wider surrounding area.
ProposedConditions:−1.
That, except for the requirements of conditions below or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: POOl A, P002, P003, P004, P005 A, P006, P007, P008, P009, 8572_601
Reason: To clarify the drawings on which this approval of permission is founded.
2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. The fences approved shall thereafter be constructed prior to the occupation of the unit.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
4. That the SUDS compliant surface water drainage scheme approved in terms of Condition 3 shall be implemented contemporaneously with the development in so far as 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 SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
5. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development.
Reason: To ensure the provision of satisfactory site infrastructure.
6. That before the development hereby permitted is brought into use, all the roads, parking, footpaths 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 for the approved purpose.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the industrial units.
That should 6 months or more elapse between the timing of the initial ecological surveys dated November 2016 hereby approved, and development commencing, further surveys shall be undertaken on the site to determine the presence of any statutorily protected species and the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation or protection of any protected species, these shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: In the interests of nature conservation and to safeguard protected species and to ensure compliance with The Conservation (Natural Habitats & C.) Amendment (Scotland) Regulations 2007.
The BEFORE the range hereby permitted comes into use, details of all external lighting for within the site shall be submitted to and approved by the Planning Authority, and any lighting erected within the site shall be installed in accordance with the details approved under the terms of this condition. For the avoidance of doubt lighting details should concur with best practice as published by the Bat Preservation Trust. Reason: In the interests of safeguarding the foraging habitat of protected species.
Background Papers:
Consultation Responses:
Memo from Transportation received 17th February 2017 Memo from Protective Services received 3rd March 2017 Memo from Scottish Environment Protection Agency received 15th December 2016 Letters from Scottish Gas Network received 23 December 2016 and 28th February 2017 Email from Scottish Water received 9th January 2017 Memo from Greenspace received 22d January 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500
Report Date:
3rd March 2017 APPLICATION NO. 16/02314!FUL
REPORT
1. Site Description
1.1 The application site is an undeveloped business plot on the western edge of Eurocentral at the end of Woodside. The site is 3.75 ha of relatively flat open space with no vegetation and is surrounded by fields and a landscaped embankment to the north and east with another vacant plot to the west and industrial units to the south.
Proposed Development
2.2 Permission is sought for a rectangular shaped storage and distribution centre 6,506 square metres in footprint with its own ancillary office space over two storeys, and associated car parking and servicing. The design would incorporate a frontage onto Woodside with a shallow roof pitch and the building finished in a mixture of cladding and glazing. An existing access would be used by any HGVs who would then be able to manoeuvre around the building with areas of hardstanding dedicated to turning and parking and a separate access created for customers and smaller vehicles.
3. Applicant's Supporting Information
3.1 Design and Transport statements were submitted as part of the application along with an Ecological Survey, Public Consultation Report and Energy Compliance Report.
4. Site History
4.1 A Proposal of Application Notice was submitted for the development (reference: 16/01689/PAN) along with a request for an EIA Screening Opinion which confirmed that an EIA was not required (reference: 16/01 952/EIASCR).
4.2 Recently within the vicinity of the access of this site permission was granted for an extension to Woodside which will provide a future access link to the development site to the west (Orchard Farm) where permission exists for an industrial/business development.
5. Development Plan
5.1 The site is zoned as EDI 2A (Industrial and Business Sites) and EDI 1 B2 (Strategic Locations for Business and Industry) on the adopted North Lanarkshire Local Plan 2012.
6. Consultations
6.1 The following consultees raised no objections:
• Transportation subject to conditions requiring a turning facility, visibility splays to be provided, the gatehouse moved back into the site and amendments to the access. They also raised a concern about parking provision within the site once the use is fully operational. • Protective Services • SEPA noting that part of the site is within an area with a medium to high risk of surface water flooding and recommending further consultation with the local flood prevention authority and Scottish Water and that best practice is adhered to in terms of the latest SUDS guidance. • Scottish Gas • Scottish Water • Greenspace
7. Representations
7.1 One letter of representation was received from a neighbouring business owner. They raised no objections to the development but highlighted that in the future they may seek to build an additional access onto Woodside and would like that to be considered during the course of this application. 8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
Strategic Development Plan
8.2 The application is of a strategic scale and requires to be considered under the terms of the Glasgow and the Clyde Valley Strategic Development Plan (GCVSDP) (May 2012). The fundamental principles of GCVSDP note that development and investment proposals whose location and development compatibility accords with the Spatial Development Strategy and its related frameworks, will be deemed to support the Spatial Vision and Strategy, subject to their detailed specifications and content being acceptable to the local development planning and development management provisions of the relevant local authority. In terms of the Spatial Vision, diagram 7 sets out the key components of the SDP. Under 'Urban Fabric' this indentifies that recycled brownfield land, the vacant and derelict land resource will be used as a development priority and environmental priority and will be central to developing a quality of life needed to attract economic activity. The urban fabric will be renewed, based upon passive carbon neutral and energy efficient building standards. In considering the proposals against these criteria it is noted that development will be on a vacant site within Eurocentral and will meet energy efficient building standards.
8.3 In addition, Eurocentral is identified as a Strategic Economic Investment Location (SElL) in the SDP. Strategy Support Measure 3 identifies that these are the city−region's strategic response to long term sustainable economic growth. It also notes that equally, the opportunity locations require promotion for investment based upon their defined role and function, with subsequent safeguarding in Local Development Plans for the uses set out in Schedule 2. In Schedule 2 the key sectors identified for Eurocentral are distribution and logistics and this is a new location for development for these uses. The proposed development is considered to be in accordance with the key sectors identified for Eurocentral and is in compliance with the spatial vision and development strategy of the SDP.
Local Plan
8.4 The site is designated under policy EDI 2A (Industrial and Business Sites) and EDI 1 B2 (Strategic Locations for Business and Industry) in the North Lanarkshire Local Plan 2012. Policy DSP 4 (Quality of Development) is relevant along with Supplementary Planning Guidance (SPG) 14 (Industrial and Business Development).
8.5 Policies EDI 2A, EDI 1 B2 and SPG 14 all promote industrial and business developments within this site and Eurocentral and protect the business character of the area against incompatible uses. The storage and distribution use proposed is in line with what this policy and guidance promotes and would contribute to the commercial character of the wider business area. The proposal is therefore acceptable subject to further assessment against DSPs 4.
8.6 Policy DSP4 (Quality of Development) requires a high quality of development by ensuring proposals integrate well into the surrounding area by taking into account various considerations such as the impact of the use on the amenity of surrounding properties, design, any environmental issues and also any transportation implications. The site itself is remote from any residential properties and the proposal is line with the commercial context of its surroundings and it is not considered that any adverse loss of amenity would occur in terms of privacy, overshadowing or disturbance as a result of the development. Reports on the impact of the development on air quality and ecology have been submitted and no objections were raised by the relevant consultees. In terms of the design, size and scale of the unit, this is considered to be in keeping with the character of the surrounding area and enables the applicant to benefit from a purpose built and energy efficient facility which meets their corporate objectives. In terms of the Transportation implications of the development, a Transportation Assessment has found that there is sufficient capacity in the local road network and the recommended conditions of Transportation has been incorporated. It is considered that the development could be incorporated within the site without any significant impact on the surrounding road network. As such the impact of the proposal is considered to be acceptable and the development accords with DSP 4, EDI 2A, EDI 1 B2 and SPG 14. Representation
8.7 In relation to the point raised by the adjacent business the future intentions of a neighbouring property could not be a material consideration for this application. Should the neighbour intend on forming an access at this location at a later date this would not require planning permission and would be dealt with separately by Transportation.
Consultation
8.8 In response to the SEPA comments standard conditions are proposed requiring the SUDS to be designed in accordance with current best practice and then to be implemented as such. With respect to the parking concern from Transportation, the applicant has provided further commentary confirming that the facility will be primarily serviced by an owner/driver fleet and that there are parking and waiting areas throughout the site. Furthermore they specify that this level of provision is in line with similar sized DPD facilities and it is therefore considered that adequate parking exists within the site.
9. Conclusions
9.1 In conclusion it is considered that the proposal is acceptable as the storage and distribution facility proposed is considered to accord with the land use of the surrounding commercial area and is of a design that is acceptable and can be accommodated within the site without detriment to the surrounding area. As such the proposal accords with the relevant policies of the North Lanarkshire Local Plan and it is recommended that planning permission be granted. Application No: Proposed Development:
1 6/02346/FUL Installation of a 21 metre Slimline Lattice Mast with 3 no. Antennae, 2 no. 300mm Dishes, Radio Equipment Housing and Ancillary Development
Site Address:
Woodend Farm Dullatur Road Kilsyth G65 OPZ
Date Registered:
8th February 2017
Applicant: Agent: Telefonica WFS Telecom 260 Bath Road Suite 152 Slough, Berkshire 4 Pavilion 4, St James Business Park England Linwood Road SL1 4DX Paisley Scotland PA3 3AT
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 001 Kilsyth No letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan 2012 in that the proposed telecommunications installation can be accommodated without detriment to the character and setting of this rural area and there is no impact on the amenity of local residents which is therefore considered to be acceptable.
ProposedConditions:−That,
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− 100 C, 201 C and 301 C.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.
Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.
Background Papers:
Consultation Responses: None
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500
Report Date: 8th March 2017 APPLICATION NO. 16102346/FUL
REPORT
1. Site Description
1.1 The application site is located to the south of Stirling Road and to the north of Coach Road, Kilsyth. The application site is within an area of open countryside with scattered trees and shrubs bisected by a network of paths. The site is bounded by similar rural land to the north, south and west while to the east is Woodend Farm. The wider site is enclosed by livestock proof post & wire fencing. The location of the proposed telecommunications mast lies centrally within the site on top of a small mound which is wooded.
2. Proposed Development
2.1 This application seeks full planning permission for the installation of a 21 metre slimline lattice mast with 3 no. antennae, 2 no. 300mm dishes, radio equipment housing and ancillary development at Woodend Farm, Dullatur Road, Kilsyth. The proposed mast will be located in the centrally within the application site and will be a slim lattice telecommunication style mast.
3. Applicant's Supporting Information
3.1 The applicant has supplied a supporting statement that indicates the proposed development seeks to strike the best balance between operational and environmental. The applicant has submitted additional supporting information including general background information for telecommunications development, site specific supplementary information, health and mobile phone base stations documentation and ICNIRP declaration and clarification statement.
4. Site History
4.1 The relevant planning history of the application site is as follows:
• 16/00242/FUL Formation of Access Track for Agricultural Use (In Retrospect) − Approved 201h May 2016
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 In the adopted North Lanarkshire Local Plan, the application site is located within the green belt and is covered by Policy NBE 3A (Assessing Development in the Green Belt).
6. Consultations
6.1 No consultations were required to be undertaken.
7. Representations
7.1 Following the local press notice, no letters of representation have been received.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan − North Lanarkshire Local Plan 2012: The application site is zoned as Green Belt is covered by Policy NBE 3A (Assessing Development in the Green Belt) which aims to protect the Green Belt through a presumption against development other than that associated with appropriate rural uses such as those necessary for agriculture, forestry or horticulture, facilities for outdoor recreation, tourism, telecommunications or other appropriate rural uses etc. In this case, the proposed telecommunications installation is acknowledged as an acceptable form of development within a Green Belt location. In this regard, this proposal for a new mast is located well within the wooded area which partly screens the proposal from public views from Stirling Road, therefore, the proposal will not result in a detrimental impact on the character and appearance of the Green Belt. In addition, the proposed telecommunications installation is considered not to impact on the open rural setting of this area of Green Belt. It is, therefore, considered that the proposal is in keeping with Green Belt policy NBE 3 A.
8.3 Policy EDI 3A 3 (Telecommunications) states that the Council supports in principle telecommunications proposals subject to their being no reasonable possibility of sharing facilities or using existing buildings or structures, and development being sited and designed to reduce visual and environmental impact. Policy DSP4 (Quality of Development) states that development will only be permitted where high standards of site planning and sustainable design are achieved. The proposed telecommunications apparatus is considered to have a minimal visual impact as it is located within a wooded area that acts as a screen to public views from Stirling Road. The applicant has submitted a supporting statement that states that the development seeks to strike the best balance between operational and environmental. The applicant has submitted additional supporting information including general background information for telecommunications development, site specific supplementary information, health and mobile phone base stations documentation. The proposed siting and design has been chosen to minimise visual impact. The development is therefore considered acceptable in terms of Policy EDI 3A 3 and DSP4.
8.4 Effect on Local Amenity: Due to the lattice design, the proposal is considered to be acceptable and the design helps the mast blend into the wooded backdrop thus reducing the visual impact of the proposal. No trees will be removed and it is, therefore, considered that the proposal is not detrimental to the visual amenity of the area.
9. Conclusion
9.1 In conclusion, the proposal is acceptable and in accordance with NBE 3A (Assessing Development in the Green Belt) as well as policies ED) 3 A3 (Telecommunications) and DSP 4 (Quality of Development within the adopted North Lanarkshire Local Plan 2012. The proposal is considered to be acceptable in terms of location and design and it will not impact on the amenity of the adjacent areas. Taking account of these matters, it is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:
1 6/02385/FUL Change of Use from Class 5 (General Industry) to Tyre Recycling Business (Sui Generis) Site Address:
Centrelink 5 Calderhead Road Dykehead Shotts ML74EQ
Date Registered:
17th January 2017
Applicant: Agent: Mr John McAllister John G. Murray 359 Shottskirk Road 31 Waverley Street Shotts Larkhall Scotland Scotland MI−7 5ET MI−9 1PY
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 012 Fortissat No letters of representation received. Charles Cefferty, Thomas Cochrane, James Robertson,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The development meets the criteria set out in the relevant policies contained within the Adopted North Lanarkshire Local Plan. The development is acceptable in terms of its impact upon the A listed building and surrounding area. (disud}
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Pa rk Reproduced by permission of Planning Application: 161023851FUL the Ordnance Survey on (of j behalf of HMSO. @ Crown Name applicant): Mr John McAllister N North Copyright and database right Site Address: Centrelink 5, Calderhead 4 Lanarkshire 2009. All rights reserved. Road, Dykehead, Shotts, MI−7 4EQ fr..X, Council Ordnance Survey Licence Development: Change of Use from Class 7 number 100023396. 5 (General Industry) to Tyre Recycling Business (Sui Generis ProposedConditions:−That
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing nos. 1614/01 and 1614/02 and details given in the application.
Reason: To clarify the drawings on which this approval of permission is founded.
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 as amended, no alterations shall be made to the internal or external appearance of the building.
Reason: To define the permission in the interests of the character and appearance of the listed building.
Background Papers:
Consultation Responses:
Letter from Historic Environment Scotland received on 26 January 2017 Memo from Transportation received on 25th January 2017 Memo from Protective Services receivedon 18111 January 2017
Contact Information:
Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01236 632500.
Report Date:
2nd March 2017 APPLICATION NO. 16/02385/FUL
REPORT
1. Site Description
1.1 The application site comprises the north−eastern most unit of the A listed former Cummins factory off Calderhead Road in Shotts. Following the closure of the factory, it has since been sub−divided and subject of a variety of uses. A vehicular access point north of the building leads to rear parking areas whilst the application site unit also benefits from a side yard area. The factory building is adjoined north, east, and west by open fields and significant areas of woodland, whilst smaller industrial warehouses lie opposite to the south.
2. Proposed Development
2.1 The application unit is currently vacant but was formerly used for industrial purposes. Planning permission is sought to change the use to form a tyre recycling business. No changes are proposed to the building and access/parking/servicing facilities will also remain unaltered.
3. Applicant's Supporting Information
3.1 The applicant provided greater clarity on the nature of the tyre recycling business. Tyres will be brought to the site by a transit van type vehicle which will reverse into the unit and deposit the tyres where they will be compressed, baled, and stored until a forklift can load them onto an articulated HGV in the side yard for relocation off−site. The business will employ three staff and operate between 0700−1900 Monday−Saturday. It is anticipated that the business will recycle 3432 tonnes of tyres per year.
4. Site History
4.1 Since the closure of the Cummins factory in the 1990s, the building has been subject of planning applications for a variety of uses including storage and distribution; a dance venue; and as a centre for car boot sales, antiques and classic car auctions.
Development Plan
5.1 The site is zoned as EDI 1 Al (Existing Industrial and Business Areas) on the adopted North Lanarkshire Local Plan 2012.
Consultations
6.1 Historic Environment Scotland, Transportation, and Protective Services raised no concerns with the proposals.
7. Representations
7.1 No letters of representation were received following neighbour notification and the press advertisement.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues and can be assessed against the local plan.
8.2 The site is designated under policy EDI 1 Al (Existing Industrial and Business Areas), on the adopted North Lanarkshire Local Plan (NLLP) (2012). Policies EDI 3C (Waste Development), and DSP 4 (Quality of Development), and Supplementary Planning Guidance (SPG) 10 (Waste Development) are also relevant. 8.3 Policy EDI 1 Al supports the continuing industrial and business character of such areas including existing waste management facilities and indicates that assessment of developments of an ancillary nature or changes of use within industrial and business areas will take various criteria into account, such as: the extent to which there is a surplus in land supply for business and industry; the potential undermining of the attractiveness as a location for industry and business; specific locational requirement; whether the proposal would result in an economic benefit; existence of alternative sites; transport implications and whether the development would re−use vacant or under−utilised industrial land. Policy EDI 3C and SPG 10 confirm that waste uses are acceptable (in principle) in industrial locations. DSP4 (Quality of Development) similarly requires that developments integrate successfully into the local area avoiding harm and adverse impacts taking account of loss of privacy or amenity and access and parking provision.
8.4 In considering the development against these policies it is noted that whilst there is no specific locational need and alternative sites may be available, previous permissions for a dance venue and car boot sales has witnessed a degree of shift away from exclusive traditional business/industrial uses to allow incorporation of alternative facilities, and recycling centres can be considered a complementary form of development in principle within industrial sites. This area has sufficient land supply for industrial/business uses, and the unit is currently vacant with its re−use creating three employment opportunities and contributing positively to its continued maintenance. The building was fairly revolutionary of its time incorporating large sections of concrete and steel with glass curtain walling providing a creative design solution to an otherwise functional building. In recognition of the building's architectural merit, it was awarded A listed status in 2004. The specific application unit presents a distinctive design characterised by a continuous concrete roofscape which envelops the front elevation in a jagged formation with the curtain glazing nestled behind. The supporting statement confirms that no changes are proposed to the building with all works involved in the business being conducted inside other than the loading of recycled tyres within the side yard for transport off−site. The site benefits from sculpted grass bunding which provides a degree of screening of the yard area which will collectively assist in largely maintaining the visual amenity and privacy as currently enjoyed, the attractiveness of the building for industrial and business use, and the character and appearance of the listed building and Historic Environment Scotland raised no objections to the proposals. Protective Services raised no concerns in terms of noise disturbance, and Transportation similarly raised no objections to the access, parking, and servicing arrangements which will all remain unchanged. Collectively the development is considered to comply with policies EDI1 Al, EDI3 Al, DSP 4, and SPG 10.
9. Conclusions
9.1 It is considered that the development complies with the relevant policies of the local plan and will contribute positively to the continued maintenance of this iconic listed building and bring it back into beneficial use. I therefore recommend that planning permission be granted. Application No Proposed Development:
16/02405/EU L Change of Use from Agricultural Land to New Park and Ride Car Park (174 Parking Bays) and Associated Works Site Address:
Site South Of Harthill South Services Harthi II Shotts
Date Registered:
9th January 2017
Applicant: Agent: North Lanarkshire Council North Lanarkshire Council Fleming House Fleming House 2 Tryst Road 2 Tryst Road Cumbernauld Cumbernauld North Lanarkshire Scotland G67 IJW G67 25Q
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 012 Fortissat No letters of representation received. Charles Cefferty, Thomas Cochrane, James Robertson,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposal is considered acceptable at this location as it is considered that it will not impact on road safety or result in a significant loss of residential amenity or have a significant negative impact on the area by virtue of scale and design, as such, the proposal accords with the relevant policies in the North Lanarkshire Local Plan.
ProposedConditions:−That,
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− RT−13−098/1−P and RT−13−098NS.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and thereafter erected in accordance with the details approved under the terms of this condition.
Reason: In the interests of the amenity of the site and the general area.
3. That before he development hereby permitted starts, a scheme of landscaping, shall be submitted to, andinclude:approved−(a) in writing by the Planning Authority, and it shall
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 timetable for completion of these works contemporaneously with the development.
Reason: In the interest of the car park users and the amenity of the general area
4. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 3 above, shall be implemented in accordance with the approved timetable associated with the phasing of the development and by the first planting season following the car park being brought into use, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the landscaping, shall be replaced within the following year.
Reason: In the interest of the car park users and the amenity of the general area.
5. That should the development not commence within 6 months of the date of planning approval, an updated Protected Species Survey shall be submitted to and approved in writing by the Planning Authority. This survey shall determine the presence of any statutorily protected species, particularly for bats, badgers, otters and water voles. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.
6. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out.
Reason: In the interest of the amenity of the site and the general area.
7. That before any works start on site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of future users of the car park and adjacent residents respectively. 8. That the SUDS compliant surface water drainage scheme required under Condition 7 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of future users of the car park and adjacent users respectively.
9. The before the occupation of the development hereby permitted, details of all external lighting, including any provision for CCTV Cameras, for within the site shall be submitted to and approved by the Planning Authority, and shall thereafter be installed in accordance with the details approved under the terms of this condition.
Reason: In the interests of visual amenity of the site and the general area.
10. That prior to commencement of development unless otherwise agreed in writing with the Planning Authority, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover:
• Details of the site compound; • Details of the proposed phasing of all works; • Details of all on−site construction including means of access to the site and; • A dust management plan during the construction period:
The development shall be implemented in accordance with the approved Construction Method Statement.
Reason: In the interests of the amenity of the area particularly the neighbouring residential properties to ensure that necessary contingencies are in place, to minimise pollution risks arising from construction activities.
Background Papers:
Consultation Responses:
Memo from NLC Protected Services dated 3 r March 2017 Memo from Traffic & Transportation dated 25th January 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500
Report Date:
20th February 2017 APPLICATION NO. 16/024051FUL
REPORT
1. Site Description
1.1 The applications site is a piece of an open area of land consisting mainly of grass with an element shrubs and trees, particularly on the perimeter of the site. It is fairly level and wedge' shaped. The site is bounded by the How Burn with Harthill Services beyond to the north, open, wild parkland to the east and west and Miller Street with wild parkland and maintained grassland and housing beyond to the south.
2. Proposed Development
2.1 Planning permission is sought for a change of use from agricultural land to form a park and ride car park consisting of 174 parking bays with associated works. Access would be a via a new 7.3m wide access off Miller Street which accesses Harthill Services and is on the south western corner of the frontage. It should be noted that Harthill Services already benefits from a small park and ride facility, therefore this proposal is to enable more people to use the facility.
3. Applicant's Supporting Information
3.1 The applicant submitted a Habitat Survey as part of the application submission which found no trace of European protected species within or adjacent to the application site. It is also worth noting that Japanese Knotweed is located within the site and been treated and continues to be treated by North Lanarkshire Council.
4. Site History
4.1 No planning history.
5. Development Plan
5.1 The site is zoned as Policy NBE 3B (Rural Investment Area) in the North Lanarkshire Local Plan 2012. Policies DSP1 —4 are also of relevance.
6. Consultations
6.1 Neither NLC Protected Services nor Roads and Transportation have any objections to the proposal.
7. Representations
7.1 No letters of representation have been received following the press advertisement and neighbour notification procedure.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues, it can therefore be assessed in terms of the local plan policy. The site is zoned as Policy NBE 3B (Rural Investment Area) the North Lanarkshire Local Plan 2012.
8.2 The aims of Policy NBE 3B (Rural Investment Area) are to protect the character and promote development in the Rural Investment Area by restricting development to acceptable types and operating assessment criteria. It is considered that a car park is an appropriate rural use at this particular location and will:− provide economic benefit; have minimal adverse environmental impacts; poses no infrastructure implications; has a specific locational need; is of a suitable scale and form for this location; has a suitable landscape scheme for the location; adheres to relevant policy and will not affect the integrity of European site. The existing smaller Park and Ride facility is over utilised with many vehicles parked on the road, outwith the dedicated parking area.
8.3 It is considered that the proposed Park and Ride facility will be a valuable asset to the area and help reduce car journeys to and from Glasgow and Edinburgh by commuters. It is utilising an area of ground that is not in productive use, albeit that it not an unattractive piece of land. 8.4 The proposed development also requires to be assessed against Development Strategy Policies DSP1−4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). Given the scale and nature of this proposal only DSP3 and DSP4 are of relevance.
8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. As the proposals do not have any impact on the surrounding infrastructure or require additional community facilities, it is considered that the proposal complies with Policy DSP3.
8.6 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. Proposals require to demonstrate that an appraisal has been carried out of the existing character and features of the site and its setting, existing rights of way or features or historic environment interest will be safeguarded or enhanced and the proposed development takes account of the site appraisal and any evaluation of design options and achieving a high quality development against a list of detailed criteria. In terms of the proposed layout of the car park, it is considered that the design is acceptable. In terms of neighbouring properties, there would be no impact on adjacent residential dwellings. As such, the proposal is considered compliant with Policy DSP4.
9 Conclusions
9.1 Taking the above assessment into account, it is considered that this development generally accords with the provisions of NBE 3B (Rural Investment Area) and DSP1−4 in the North Lanarkshire Local Plan and, following detailed consideration of the proposals, it is considered that it will integrate satisfactorily with the surrounding area and cause no adverse impact on established residential amenity. It will also be a solution to an existing on street parking problem due to the existing smaller park and ride being over utilised. Therefore, for the reasons detailed in the planning assessment above, it is recommended that planning permission be granted subject to conditions Application No: Proposed Development:
17/00004/FUL Change of Use of Class 1 Retail Premise to Class 3 Hot Food Carry Out, Installation of Extract Flue to Rear Elevation, Erection of Signage and Internal Alterations Site Address:
40 − 48 Main Street Village Cumbernauld Glasgow North Lanarkshire G67 2RX
Date Registered:
6th February 2017
Applicant: Agent: Miss Xiang Lan Lin Charles Chiu 44 Main Street Two3 Studio Cumbernauld Village 62 Gullion Park Cumbernauld East Kilbride G68 2RX G74 4FE
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 004 Abronhill, Kildrum And The Village No letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
It is considered that the proposal accords with the relevant local plan policies and it will be acceptable in terms of the character of the Conservation Area and the amenity of the adjacent area. pa
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Reproduced by permission of Planning Application: 17/00004/FUL the Ordnance Survey on Name (of applicant): Miss Xiang Lan Lin behalf of HMSO. © Crown Copyright and database right Site Address: 40 − 48 Main Street Lanarkshire 2009. All rights reserved. Village 17 Council Ordnance Survey Licence Cumbernauld number 100023396. Glasgow A North Lanarkshire G67 2RX Development: Change of Use of Class I Retail Premise to Class 3 Hot Food Carry Out, Installation of Extract Flue to Rear Elevation, Erection of Signage and Internal Alterations ProposedConditions:−1.
That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:−AL (0)001 −005 (Inclusive).
Reason:− To clarify the drawings on which this approval of permission is founded.
2. That unless otherwise agreed in writing, the proposed signage shall be a traditionally painted timber signboard painted by a traditional handpainting signwriter.
Reason: In order for the proposed building to be appropriate in terms of finish and style to the Conservation Area in the interests of the special character of the Conservation Area.
3. That before commencement of work on site, details of the proposed traditional hand painted timber signage board shall be submitted to and approved in writing by the Planning Authority prior.
Reason: To allow the Planning Authority to assess these details in the interests of the character of the Conservation Area.
4. That no alterations shall be made to the internal fabric of the building that damage, destroy or cover up any existing original features of the listed building.
Reason: To safeguard the special character of the Listed Building.
5. No development shall begin until the applicant obtains Listed Building Consent.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
6. That the proposed ventilation flue shall not exceed Noise Curve Rating (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times.
Reason: In the interests of residential amenity.
Background Papers:
Consultation Responses:
Head of Regulatory Services and Waste Solutions received on 14th February 2017.
Contact Information:
Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500
Report Date:
22nd February 2017 APPLICATION NO. 17100004/FUL
REPORT
1. Site Description
1.1 The application site is a Grade C Listed building forming part of a terrace of similar listed buildings within the centre of the Cumbernauld Village Conservation Area. It is a symmetrical two−storey building with 4 over 4 timber sash and case windows on the ground floor and 2 over 2 windows on the first floor on the front elevation. The building is finished in white painted smooth ashlar with black contrasting quoins and windows surrounds and a central access door to front and a traditional dual pitched slate roof.
2. Proposed Development
2.1 The proposal is for a Change of Use from Class 1 Retail Premises to Class 3 Hot Food Carry Out, Installation of extraction flue to the rear elevation and erection of signage. A separate application for Listed Building consent for the associated physical works has also been submitted by the applicant (17I00003ILBC). These associated physical works are with regard to the installation of a cooking extraction flue on the rear elevation and the erection of a traditionally hand painted timber signboard on the front elevation.
2.2 In terms of other external physical alterations, these were approved under 15/02596/LBC which involved the slapping out the central ground floor front window to form a traditional door opening and the erection of a traditionally painted timber signboard above the newly formed door opening. The slapping and door formation works have now been carried out satisfactorily in accordance with the approved drawings. It should be noted that the slapping works reinstated what was originally a door opening.
3. Applicant's Supporting Information
3.1 The applicant has not submitted any supporting information.
4. Site History
4.1 A previous application for the sub−division of the original restaurant to form a smaller restaurant and the formation of a shop unit (15/02595/FUL) and an associated Listed Building Consent application covering the associated external physical alterations (15/02596/LBC) both received approval on 26th February 2016. The sub−division work has been carried out and the shop unit is formed although it has not been occupied and used as a shop.
5. Development Plan
5.1 In terms of the adopted North Lanarkshire Local Plan, the site is zoned as RTC 1C − Neighbourhood and Local Centres. Policy NBE 1 B2a − Protecting the Built Environment (Listed Buildings), Policy NBE 1 133a − Protecting the Built Environment (Conservation Area), Policy NBE2 B2 sets out that any development should be consistent with the Cumbernauld Village Conservation Area Appraisal and Management Plan as detailed in Supplementary Planning Guidance 27 (SPG 27) and Policy DSP 4 − Quality of Development is also relevant.
6. Consultations
6.1 The Head of Regulatory Services and Waste Solutions has provided comments regarding the operation of the proposed ventilation flue in terms of noise and hours of operation. in this regard the advice given is that any such equipment shall not exceed Noise Curve Rating (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times.
7. Representations
7.1 There have been no letters of representation. 8. Planning Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies.
8.2 Policy RTC 1C designates the area as being within an existing Neighbourhood and Local Centre and sets out that the Council will protect the network of centres as the continuing focus of retail, leisure, civic, and community uses. Policy DSP 4 looks for high standards of site planning which ensures a development is of the right scale and design which protects the amenity of neighbouring properties. Policies NBE 1 133a designates the area as being within the Conservation area and sets out that the Council will protect and promote Conservation Areas. Policy NBE 1 133a sets out that the design, material, scale and siting of any development shall be appropriate to the character of the Conservation Area and its setting. Policy NBE 2 B2 sets out that any development should be consistent with the Cumbernauld Village Conservation Area Appraisal and Management Plan as detailed in Supplementary Planning Guidance 27 (SPG 27). The area of the application site is cited within this appraisal plan as being part of an Area of Special Character and as being the main core area of the Conservation Area, where the majority of the 19 century buildings are located with traditional building materials and interesting roofscapes contributing significantly to the special character. Policy NBE 1 132a sets out the criteria when assessing proposed works to listed buildings and seeks to protect the listed building from any works that would adversely affect the special character of the listed building.
8.3 A material consideration is the Cumbernauld Village Conservation Area Supplementary Planning Guidance SPG 27 which incorporates an Appraisal and Management Plan. SPG 27 highlights that the location of the proposed development falls within an Area of Special Character and the main core area of the Conservation Area. Management Policy CMV2 within this document advises that any extension to preserve and respect the design, scale, proportions, materials and detailing of the host and adjoining properties which contribute to the character of the Conservation Area.
8.4 The proposed use complies with Policy RTC 1C as it is a use appropriate to a village centre subject to the application of appropriate conditions regulating the noise of operation of any extractor flue. It is also noted that there have been no objections to the proposal.
8.5 In terms of the proposed front signage is considered to be appropriate in terms of proportion, style and materials and is appropriate to the character of the Conservation Area. Furthermore, the rear elevation, where the extraction flue is proposed is not prominently visible and, as such, it is considered it will not make a significant visual impact in terms of effect on the character of the conservation area or the listed building. As such, it is considered that the proposal, complies with Policies NBE 1133a, NBE 2 62. Furthermore, in terms of the comments of the Head of Regulatory Services and Waste Solutions it is considered that there will be no unacceptable amenity issues for surrounding residents provided that the advice regarding noise generation of extraction equipment is applied as a planning condition. Also, the proposed physical works are appropriate in terms of scale and style to the surrounding area. As such, it is considered that the proposal complies with Policy DSP 4.
9. Conclusions
9.1 It is therefore considered that the proposal complies with the relevant local plan policies and supplementary guidance. As such, this application is recommended for approval. Application No: Proposed Development:
17/00034/AMD Application 1: Non−compliance with conditions 1 & 14 of planning approval ref: 15/02537/AMD: Amend Design and Scale of the Facility Including Incorporation of 35m High Chimney Stack
Site Address:
Viridor Waste Management Langmuir Way Bargeddie G69 7RW
Date Registered:
17th January 2017
Applicant: Agent:
Viridor Limited Angus Design Associates Pioneer House The Building Design Centre Europoint Office Park 125 Muir Street Eurocentral Hamilton Scotland Scotland ML1 4UF ML3 6BJ
Application Level: Contrary to Development Plan:
Committee No
Ward: Representations:
009 Coatbridge West No letters of representation received. James Smith, Paul Welsh, Kevin Docherty,
Recommendation:
Reasoned Justification:
The proposed amendments to this approved waste processing plant are considered acceptable and are in accordance with the local plan as they are considered to mitigate more effectively the impact of the operations on local residents in a way that doesn't detract from the local area and will enable the operator to fulfil their wider obligations to provide a strategic waste service. 0
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Reproduced by permission of Planning Application: 17/00034/AMD the Ordnance Survey on N N h behalf of HIVISO. @ Crown Name (of applicant): Viridor Limited Lanarkshire Copyright and database right 2009. All rights reserved.Council Site Address: Viridor Waste Management, Ordnance Survey Licence p ' number 100023396. Langmuir Way, Bargeddie, G69 7RW
Development Application 1: Non−compliance with conditions 1 & 14 of planning approval ref: 15/02537/AMD : Amend Design and Scale of the Facility Including Incorporation of 35m High Chimney Stack ProposedConditions:−That
the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.
Reason: To clarify the details on which this approval of permission is founded.
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).
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
3. That the SUDS compliant surface water drainage scheme certified under the 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) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant SEPA guidance 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, further details of the proposed earthworks bunds along with a scheme of landscaping incorporating biodiversity enhancement measures and native tree plantinginclude:−shall(a) be submitted to, and approved in writing by the Planning Authority and it shall
details of any earth moulding, embankment stabilisation details and hard landscaping, boundary treatment, wild grass seeding and turfing; (b) a scheme of native tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development. (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. (e) a management and maintenance scheme for these works.
Reason: To enable the Planning Authority to consider these aspects in detail
That all works included in the scheme of earthworks, associated landscaping and native tree planting, approved under the terms of condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the site, to mitigate adverse effects on views of the development from outlying residential areas and to benefit local biodiversity.
6. That unless otherwise agreed in writing by the Planning Authority, the mixed waste recycling operations shall be limited to the following operating hours:
o (Waste Delivery and Uplifts): Monday to Sunday 0700 to 2000 Hours; o (Waste Processing within the Mixed Waste MRF Building): Monday to Sunday 0700 to 2300 Hours.
Reason: To define the permission and to safeguard residential amenity. 7. That before the development hereby approved is brought into use further details of the proposed 3 month trial period to allow a 24 hour operational period (within the Mixed Waste MRF Building only) shall be submitted for the written approval of the Planning Authority in consultation with the Viridor Community Liaison Group and NLC Protective Services.
Reason: To enable the Planning Authority to consider these aspects in detail and to safeguard residential amenity.
8. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roof of the building 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
That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of employees and visitors to the depot
10. That any remediation works identified by the site investigation required in terms of Condition 9, shall be carried out to the satisfaction of the Planning Authority. 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 employees and visitors to the depot
11. That any noise emissions associated with the completed development shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times.
Reason: In the interests of residential amenity.
12. That all external lighting shall be designed to ensure that the upward spread of light near to and above horizontal shall be minimised to the satisfaction of the Planning Authority.
Reason: In the interests of residential amenity and to avoid excessive light pollution in the vicinity of the site.
13. That BEFORE the development starts full details of an air quality monitoring strategy to be implemented by the developer shall be submitted to and approved in writing by the Planning Authority in consultation with SEPA.
Reason: To enable the Planning Authority to consider these aspects in detail in the interests of residential amenity.
14. That notwithstanding the terms of condition 1, the development hereby approved shall incorporate the recommended noise mitigation measures set out in the Noise Assessment Report (LE13082) dated January 2017 to the satisfaction of the Planning Authority.
Reason: In the interests of amenity 15. That notwithstanding the terms of condition 4 above, and before the development commences, further details of measures to protect the adjacent Luggie Glen SING during the construction period 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:
Consultation Responses:
Memo from Scottish Environment Protection Agency received 3rd March 2017 Memo from Transportation received 3rd March 2017 Memo & Email from Protective Services received 1St February 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500
Report Date:
3rd March 2017 APPLICATION NO. 17/00034/AMD
REPORT
1. Site Description
1.1 The site is within one of Scotland's established recycling hubs run by Viridor' who are one of the UK's largest recycling and waste management companies. The site provides recycling services for North and South Lanarkshire Council, NHS Lanarkshire and other business around the country. In addition to this, it is expected that in the next 25 years it will form an integral part of the waste strategy of the Clyde Valley region following the signing of a residual waste contract which will see the company handle waste from 5 local authorities across south west Scotland.
1.2 The application site is 1.2 ha in area of vacant ground in the north eastern corner of the hub and is surrounded by open space then Drumpark school and farm to the north, the Luggie Burn with the Glasgow railway line and housing beyond to the east and south and the existing waste transfer station to the west. The site is made ground and is elevated above the rest of the established area with bunding in place along the north eastern boundary.
2. Proposed Development
2.1 Permission is sought for non−compliance with conditions 1 and 14 of the most recently approved recycling facility (reference: 15/02537/AMD). Changes to the approved scheme include an increased footprint, height, elevational changes and larger external extraction plant. The apex of the central section of the roof would be approximately 2 metres higher than approved previously and the external plant now includes a chimney of some 35 metres in height. In addition the existing bunding around the proposed unit would be reconfigured and increased with bunding in some areas as high as 9 metres around the north eastern periphery of the site. The elevational changes consist of reconfiguration of roller shutter doors due to changes to the intended flow of vehicles using the facility. Under the new system the vehicles will access the southern and eastern elevations with the water tank being repositioned to the south and the building being further enclosed by bunding to the north and west.
3. Applicant's Supporting Information
3.1 The applicant has submitted a Planning Statement, Air Quality Impact Assessment, Noise Assessment, Ecological Report and Community Consultation Report in support of their application. The information submitted provides evidence that suggests that any potential impact on the nearest receptors will be significantly reduced as a result of the proposal.
4. Site History
4.1 Viridor has been operating on site since 1998 and there is a long planning history but the most relevant applications are as follows:
• In 2013 permission was granted for a Waste Glass Recycling Processing Facility (up to 20,000 per annum) with Associated Yard Storage and Environmental Improvements. • Since then various section 42 amendments have been approved for changes to this permission most notably 15/00235/AMD (Variation to conditions relating to layout, design, hours of operation and to incorporate municipal/commercial and industrial waste) and 15/02537/AMD (Variation to Hours of Operation) which this proposal seeks to amend further.
4.2 Alongside this application another proposal for amendments to the existing MRF facility, erection of offices, relocated weighbridge, along with additional environmental improvements is currently under consideration (reference: 1 7/00035/FUL).
4.3 It should also be noted that there is an application for a residential development in an adjacent site to the north currently under consideration (reference: 16/01367/FUL). 5. Development Plan
5.1 The site is zoned as EDI 1 Al (Existing Waste Management Facilities) in the North Lanarkshire Local Plan 2012.
6. Consultations
6.1 The following consultees raised no objections:
• Transportation • Protective Services • SEPA but they did however raise a concern about the bund re−profiling of made ground and questioned if the Council agreed that the higher bunding as proposed in this application was a requirement.
7. Representations
7.1 No letters of representation were received following the neighbour notification and press advertisement.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the North Lanarkshire Local Plan 2012 is relevant. The site is zoned as EDI Al (Existing Waste Management Facilities) with policies EDI 3C (Waste Development), DSP 4 (Quality of Development) and Supplementary Planning Guidance 10 (Waste Development) also of relevance.
8.2 Policies EDI Al, EDI 3C and SPG 10 seek to protect existing waste management facilities and support proposals for development within them that will contribute to the wider strategic spatial aim of delivering additional capacity at sustainable locations and contributing to the Scottish Government's zero waste plan. The proposal is located within the existing recycling hub and therefore accords with the relevant industrial policy and supplementary guidance subject to meeting DSP4.
8.3 Policy DSP 4 seeks to achieve a high quality of development by taking into consideration the site and its surrounding context and the design, layout, size and scale of proposals. It requires them to effectively mitigate any adverse impact on the nearest residents in terms of noise, air quality and gives consideration to the impact of development on residential amenity and any Transportation issues. The information submitted in support of the application demonstrates that the proposed amendment will more effectively mitigate the impact in comparison to the previously approved scheme and no objections were received from the relevant consultees to the findings. It is therefore considered that the impact of the use on the nearest residents will be reduced in comparison to the most recently approved development. The larger scale of unit and chimney height ensures that the proposal would have a greater visual impact, however, taking into account the position of the proposed of the unit in an established waste site and that the chimney will more effectively mitigate the operation, the impact is considered to be acceptable. It is not considered that the amendment will result in an adverse loss of amenity for local residents, conversely, it will more effectively mitigate any adverse impact on residential amenity. As noted above, Transportation has raised no objections and the amendment can be incorporated within the site without detriment to the local road network or road safety at this location. Taking the above into account the proposed amendment is considered to represent an improvement to what has been approved previously and is therefore in accordance with DSP 4.
8.4 In terms of the adjacent proposal for housing, the assessment for that application is ongoing and will take place separately and the housing developer will be required to demonstrate that the impact of the established waste transfer station will not be adverse on the housing that they propose. Consultations
8.5 In terms of the comments by SEPA the increased bund height provides additional mitigation to existing and potential future receptors in terms of noise and visual impact and it is agreed that these are a necessary part of reducing any adverse impact from site operations.
9. Conclusions
9.1 In conclusion the proposed development is considered acceptable in that it complies with the relevant policies contained within the North Lanarkshire Local Plan. The amendments proposed would more effectively mitigate the site operations on the nearest properties and could be incorporated without detriment to the site and surrounding area. Taking the above into consideration, and that no objections were received from neighbouring properties or consultees, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:
17/00035/FUL Erection of a Two−Storey Office Building, Acoustic Fencing, Relocated Weighbridge, Alterations to the Existing MRF Facility and Associated Parking, Yard, Access and Environmental Improvements
Site Address:
Viridor Waste Management Lang muir Way Bargeddie North Lanarkshire G69 7RW
Date Registered:
17th January 2017
Applicant: Agent:
Viridor Limited Angus Design Associates Pioneer House The Building Design Centre Europoint Office Park 125 Muir Street Eurocentral Hamilton Scotland Scotland ML1 4UF MU6BJ
Application Level: Contrary to Development Plan:
Local Application No
Ward: Representations:
009 Coatbridge West No letters of representation received. James Smith, Paul Welsh, Kevin Docherty,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development is considered acceptable and is in accordance with the Local Plan as it could be accommodated within the site without detriment to the site or surrounding area and will enable the operator to fulfil their wider obligations to provide a strategic waste management service. R efu se Tip
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Reproduced by permission of Planning Application: 1 7/00035/FUL the Ordnance Survey on behalf of HMSO. © Crown North Copyright and database right Name (of applicant): Viridor Limited Lanarkhire 2009. All rights reserved. Council Ordnance Survey Licence Site Address: Viridor Waste Management, number 100023396. A Langmuir Way, Bargeddie, North Lanarkshire, G69 7RW
Development: Erection of a Two−Storey Office Building, Acoustic Fencing, Relocated Weighbridge, Alterations to the Existing MRF Facility and Associated Parking, Yard, Access and Environmental lmDrovements ProposedConditions:−That,
except for the requirements of conditions below or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: 001, 002, 003, 004, 005, 011, 012 & 1011210−CLXX(52)4010−REV C
Reason: To clarify the drawings on which this approval of permission is founded.
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 the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
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 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 SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
4. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development.
Reason: To ensure the provision of satisfactory site infrastructure.
5. That before the development hereby permitted is brought into use, all the roads, parking, footpaths 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 for the approved purpose.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the industrial units.
6. That notwithstanding the terms of condition 1, the development hereby approved shall incorporate the recommended noise mitigation measures set out in the Noise Assessment Report (LE13082) dated January 2017 to the satisfaction of the Planning Authority.
Reason: In the interests of amenity
7. That before the development hereby permitted starts, full details of the fence to be erected on the site shall be submitted to, and approved in writing by, the Planning Authority and that this shall be implemented contemporaneously with the development to the satisfaction of the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail and ensure that appropriate mitigation is in place. Background Papers:
Consultation Responses:
Memo from Scottish Environment Protection Agency received 1st March 2017 Memo from Transportation received 18t March 2017 Memo & Email from Protective Services received 1st February 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632500
Report Date:
1St March 2017 APPLICATION NO. 171000351FUL
REPORT
Site Description
1.1 The site is within one of Scotland's established recycling hubs run by 'Viridor' who are one of the UK's largest recycling and waste management companies. The site provides recycling services for North and South Lanarkshire Council, NHS Lanarkshire and other business around the country. In addition to this, it is expected that in the next 25 years it will form an integral part of the waste strategy of the Clyde Valley region following the signing of a residual waste contract which will see the company handle waste from 5 local authorities across south west Scotland.
1.2 The application site is 1.93 ha in area and contains within it part of the existing MRF (Mixed Recycling Facility) building and its associated yard area including the access and areas of open space in the middle of the site and along the southern boundary. The levels are relatively flat throughout and the site is surrounded by the rest of the recycling hub and adjacent cement works to the north and west and the Luggie Burn, Glasgow Railway and housing to the south and east.
2. Proposed Development
2.1 Planning permission is sought for the following:
• Staff Office Building − The erection of a two storey building within the middle of the site where an area of existing hard standing currently exists. The building would be modular with a typical rectangular design and is required to accommodate the additional staff required for operational purposes. • Changes to the elevations of the existing MRF − The installation of two fast acting' roller shutter doors on the front elevation of the existing building. • Boundary Fence − A 2 metre high screen fence along the southern boundary. • Additional yard space and internal road reconfiguration − Additional yard at the front elevation and widened access road as part of changes to traffic management to prevent scope for congestion within the site. • Relocated Weighbridge − The existing weighbridge would be moved further into the site on Langmuir Way, again as part of traffic management within the site.
3. Applicant's Supporting Information
3.1 A planning statement, ecological assessment, noise assessment and statement of community involvement have all been submitted in support of the application. The information submitted provides evidence that suggests that the impact of these proposals combined will reduce the impact of the operations on the nearest dwellinghouses.
4. Site History
4.1 Viridor has been operating on site since 1998 and there is a long planning history but the most relevant applications are as follows:
In 2013 permission was granted for a Waste Glass Recycling Processing Facility (up to 20,000 per annum) with Associated Yard Storage and Environmental Improvements. Since then various section 42 amendments have been approved for changes to this permission most notably 15/00235/AMD (Variation to conditions relating to layout, design, hours of operation and to incorporate municipal/commercial and industrial waste) and 15/02537/AMD (Variation to Hours of Operation) which this proposal seeks to amend further.
4.2 Alongsidenon−compliancethis application a section 42 application is currently under consideration seeking with conditions 1 and 14 of a recent permission (reference: 15/00235/AMD) for an additional MRF on the north western corner of the hub. Changes are proposed to the design, size and scale of the unit and associated mitigation. 4.3 It should also be noted that there is an application for a residential development in an adjacent site to the north currently under consideration (reference: 16/01367/FUL).
5. Development Plan
5.1 The site is zoned as EDI I Al (Existing Waste Management Facilities) in the North Lanarkshire Local Plan 2012.
6. Consultations
6.1 The following consultees raised no objections:
• Transportation • Protective Services • SEPA
7. Representations
7.1 No letters of representation were received following the neighbour notification and press advertisement.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the North Lanarkshire Local Plan 2012 is relevant. The site is zoned as EDI Al (Existing Waste Management Facilities) with policies EDI 3C (Waste Development), DSP 4 (Quality of Development) and Supplementary Planning Guidance 10 (Waste Development) also of relevance.
8.2 Policies EDI Al, EDI 3C and SPG 10 all contain provisions to protect and enhance existing waste management facilities. The hub is well established and is projected to be increasingly important in terms of the waste strategy in Scotland and the proposals are in accordance with these policies subject to assessment against DSP 4.
8.3 Policy DSP 4 seeks to achieve a high quality of development by taking into consideration the site and its surrounding context and the design, layout, size and scale of proposals. It requires them to effectively mitigate any adverse impact on the nearest residents in terms of noise and disturbance giving consideration to the impact of development on residential amenity and any Transportation issues. The changes to the site operations will increase activity to the front of the existing MRF, however, the noise report demonstrates that the development will continue to meet minimum standards on the closest dwellings. There will be a visual impact associated with the staff building when viewed from the south, however, it is not in a particularly prominent part of the site and will be partially screened by the fence. It is considered that this modular building will provide important staff facilities without having any adverse impact on the amenity of surrounding residents. In terms of the alterations to the weighbridge along with the surfacing work and changes to the elevations of the existing MRF, these are smaller individual changes and are not considered to have a significant impact on the nearest properties. In combination, they will allow the applicant to change their internal process flow and more successfully mitigate any adverse impacts arising from future operations. As such, it is considered that the development proposed could be integrated within the site without detriment to the site itself and surrounding area. The proposal therefore meets the terms of DSP 4.
9. Conclusions
9.1 In conclusion the proposed development is considered acceptable as it could be accommodated within the site without detriment to the surrounding area and it complies with the relevant policies contained within the North Lanarkshire Local Plan. Taking the above into consideration, and that no objections were received from neighbouring properties or consultees, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:
1 7/00062/PPP Dwellinghouse (in Principle) Site Address:
Site To North East Of Macin nes Drive Newarth ill Motherwell North Lanarkshire
Date Registered:
16th January 2017
Applicant: Agent: Mr Daniel Smith N/A 22 Gowkhall Avenue Newarthill By Motherwell ML1 5JF Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 017 Motherwell North 2 letters of representation received. Shahid Farooq, Helen McKenna, Peter Nolan, Pat O'Rourke,
Recommendation: Refuse
Reasoned Justification:
The proposal fails to meet the criteria set out in the North Lanarkshire Local Plan Green Belt policy in that it is considered to represent a residential development in the green belt without adequate justification, or any exceptional circumstances, and it would set an undesirable precedent for other such developments within the immediate vicinity and across the wider green belt areas.
Recommendation:Reasons:−The Refuse for the Following
proposal does not comply with policy NBE 3 A Green Belt (and associated SPG07) of the North Lanarkshire Local Plan in that the dwellinghouse is not required for an acceptable rural use such as agriculture or forestry and adequate justification, special circumstances or material considerations have not been demonstrated to merit a departure from this policy.
Background Papers:
Consultation Responses:
The Coal Authority received 17/02/17 Traffic & Transportation received 24/01/17 NLC Greenspace received 24/02/17 Scottish Environment Protection Agency received 18/01/17 Scottish Gas Network received 23/01/17 Environmental Health (including Pollution Control) received 31/01/17
Contact Information:
Any person wishing to inspect these documents should contact Mr Gary McEwan at 01236 632500
Report Date:
27th February 2017 APPLICATION NO. 171000621PPP
REPORT
1. Site Description
1.1 The application site is a square shaped area of greenbelt land approximately 0.16 hectares in size, located directly adjacent to Macinnes Drive which forms the north east boundary of Newarthill (as defined in the North Lanarkshire Local Plan 2012). The site would be accessed from High Street (137066) which is a main thoroughfare running from Motherwell, through Carfin and Newarthill before joining the M8 at Junction 6.
Proposed Development
2.1 The proposal seeks planning permission in principle for a single dwellinghouse. No drawings other than a location plan were submitted, therefore all aspects of the design, location, amenity space, boundary treatment and parking and access would be addressed at the matters specified in conditions stage, if the Committee was minded to approve the application.
Applicant's Supporting Information
3.1 The applicant has included supporting information in relation to the application which details their justification as to why the application for planning permission in principle should be approved. The applicant outlines that the site is a gap site within the Newarthill village envelope, that previous approvals at other sites on greenbelt land within the vicinity have developed a precedent, that the greenbelt zoning of the site is not in accordance with Scottish Planning Policy, that there is a lack of family housing within Newarthill which previous local development plans have failed to address, that the proposal will have a positive contribution to the housing land supply for the Motherwell area and that the development would provide a sustainable development of a brownfield site, with good access to public transport, which would help boost the local economy, enhance the landscape setting and strengthen the greenbelt at this location. The applicant has also highlighted a recent appeal decision in which the appeal was upheld on the basis that the Council has a shortfall in the 5 year effective supply of housing land. The applicant has indicated that SPP indicates that where there is less than a 5 year land supply, then Local Development Plan land supplies are not considered to be up to date and that the presumption in favour of development which contributes to sustainable development is a material consideration in applications. The applicant also mentions that the Reporter concluded that the development plan allows prohibition of greenbelt development to be set aside, where there is a shortfall in housing land and that the emerging LDP would not be a reason for declining consent for an application.
4. Site History
4.1 It is noted that the site forms part of a larger area of land which was put forward during the Call for Sites process (July 2013) of the emerging Local Development Plan. The site was assessed against the Site Sustainability and Deliverability Matrix and it was determined that the site would not be selected to become part of the housing land supply proposed for the Motherwell Housing Sub Market Area.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 In the adopted North Lanarkshire Local Plan, the application site is located within the Green Belt and is covered by Policy NBE 3A (Assessing Development in the Green Belt). Policy DSP 4 is also relevant.
6. Consultations 6.1 The Coal Authority indicated that it concurs with the recommendations of the Mineral Stability Risk Assessment, that the coal mining legacy poses a risk to the proposed development and that remedial works to treat areas of shallow mine workings to ensure the safety and stability of the proposed development should be undertaken prior to development. The Coal Authority has therefore recommended conditions be attached to any permission requiring the submission of a scheme of remedial works and for the implementation of those works.
6.2 NLC Traffic and Transportation made no objection to the proposal however included various recommendations in relation to access and parking within the site.
6.3 NLC Greenspace made no objection to proposal however made various comments and recommendations regarding a badger survey to be submitted if works not commenced within 6 months, nesting birds, hedgerow retention, lighting in close proximity to bat commuting features, biodiversity enhancements and access.
6.4 SEPA indicated that the consultation is below the threshold where bespoke advice would be given and refer to the SEPA standing advice for Planning Authorities. SEPA's standing advice for waste water and drainage is that all developments in or adjacent to public sewered areas should connect to the public sewer.
6.5 Scotland Gas Networks raised no objections to the proposal.
6.6 NLC Environmental Health and Pollution Control has made no objection to the proposal however included various recommendations in relation to requirement for site investigation and in relation to construction noise.
7. Representations
7.1 Following the neighbour notification and press advertisement procedures, 2 letters of support were submitted with the points made summarised below:
i. It will help define the village properly by filling in an underutilised gap site ii. Surprised to find out that a site within the village was considered to be greenbelt.
7.2 There was also a request from Councillor O'Rourke for the application to be determined by the Planning and Transportation Committee.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal is not considered to be strategic in nature, therefore the application can be assessed in terms of the local plan policies.
8.2 Development Plan − North Lanarkshire Local Plan (NLLP): Residential development in the Green Belt is covered by Policy NBE 3A (Assessing Development in the Green Belt). This policy protects the character and promotes acceptable development within the green belt by presuming against new residential development unless shown to be necessary for agriculture, forestry or other uses appropriate only to a rural area. The NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3.
8.3 Other Material Considerations − Scottish Planning Policy states that local development plans should set out detailed boundaries of the green belt and identify types of development which are appropriate within them. It states that where a proposal would not normally be consistent with green belt policy it may still be considered appropriate either as a national priority or to meet an established need if no other suitable site is available. It also indicates a presumption in favour of development that contributes to sustainable development. In this case the proposal is not a national priority and there is no demonstrable or established need for the dwellinghouse to be located within the green belt as existing housing (or land for housing development) is available within the wider North Lanarkshire area. The site (as part of larger site put forward during the Call for Sites process of the emerging Local Development Plan) was deemed unsustainable and was therefore not selected to become part of the housing land supply for the Motherwell Housing Sub Market Area. Furthermore sites of less than 4 units are not counted towards housing land supply and fall to be determined entirely on local merit. SPG 07 Assessing Development in the Green Belt (SPG 07) sets out that any exceptions to Policy NBE 3A must be evidenced by special circumstances demonstrated by the applicant.
8.4 In terms of Policy NBE 3A a new residential dwelling, to satisfy assessment criteria, would require to be in conjunction with an acceptable Green Belt use and the proposed development does not meet these criteria. SPP sets out that developments not consistent with Green Belt policy can be considered if it can be demonstrated that the development is a national priority or meets an established need if no other suitable site is available. SPG 07 echoes this position in looking for new residential developments unconnected with a Green Belt use to demonstrate special circumstances. The applicant has indicated that the site forms a gap site within the Newarthill village envelope; however neither the North Lanarkshire Local Plan (2012) or emerging plan include the site within the settlement boundary. The applicant also indicates that the boundary identified in the NLLP is at odds with SPP guidance and that the settlement boundary should extend around the development located on Biggar Road to the north east encompassing the application site. Prior to being adopted The North Lanarkshire Local Plan (2012) went through various stages of consultation, including being rigorously scrutinised by reporters on behalf of the Scottish Government. If the boundary was at odds with Scottish Planning Policy, then this would have been raised and addressed at this point.
8.5 The applicant highlights various applications which have been approved within the surrounding area since the late 1970s to present day. Other relevant applications, particularly more recent examples, are material considerations, however first and foremost an application must be considered on its own merits. Incidentally the most recent approvals in closest proximity to the application site at Macinnes Drive (99/00931/OUT and related applications) used to be a haulage depot, and the site to the south (10/00684/FUL) had been identified within the emerging NLLP as land being made available for housing at time of submission, so neither were considered to be contrary to greenbelt policy. Furthermore the applicant's key approvals which have been referenced, and being used to indicate that a precedent has been set, were 25 and 38 years ago. During this intervening period national and local policy and guidance has changed on such matters, and as such these decisions have much less relevance to the current application than more recent decisions.
8.6 The applicant identifies the site as a gap site and as brownfield land, however also indicates that the site is rough grazing land. Rough grazing land is not brownfield land and the site is not considered to be brownfield land. The applicant has also indicated that the proposal would help boost the local economy, enhance the landscape setting and strengthen the greenbelt at this location, however the impact on the local economy would be very minor given the scale of the development, and it is not considered that the landscape setting or greenbelt strength would be improved through approval of this application. In addition the site if developed would in actual fact leave a gap site.
8.7 The applicant has also indicated that the proposal would have a positive contribution to NLC housing land supply. It is further indicated that a recent appeal decision (16/00040/REFSL) in which the appeal was upheld on the basis that the reporter considered that the Council had a shortfall in its 5 year effective supply of housing land. It is difficult to see how this appeal decision can be applied to what constitutes completely different circumstances. The appeal decision which the applicant refers to was for a much larger site approximately 16 hectares in area, would accommodate approximately 180 dwellings and is located within the Airdrie/Coatbridge Housing Sub Market Area; by contrast the application site is 0.16 hectares, would accommodate a single dwelling and is located within the Motherwell Housing Sub Market Area. It should be noted that sites of less than 4 units are not counted towards housing land supply and fall to be determined entirely on local merit. It should also be noted that the application site is at a different location from the appeal site and the reporter made no mention as to whether the shortfall affected North Lanarkshire as a whole, or just the Airdrie/Coatbridge Housing Sub Market Area.
8.8 Should the argument submitted by the applicant be accepted as a justification for housing in the greenbelt, it would undoubtedly set an undesirable and unwanted precedent for other inappropriate dwellinghouses in the green belt (particularly at this location). This in turn would contribute to the incremental erosion of the green belt and the character of the wider rural area. It would also undermine the key attempts of both national and local planning policy to promote urban renewal through the use of brownfield sites. It is not considered that the applicant's justification for the proposed development satisfies the assessment criteria, and it is therefore considered that the application is contrary to Policy NBE 3A, SPP and SPG 07.
8.9 Policy DSP 4 sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, site appraisal and evaluation of design options, water body status protection, integration into the local area, and safe access for cars. The application is for planning permission in principle and no details of the proposed dwellinghouse have been submitted. If the Committee is minded to approve the application then conditions will be attached to the permission which take cognisance of this policy.
8.10 Consultations There were no objections following the consultation exercise. However if the Committee are minded to approve the application then various conditions will require to be attached to address various concerns.
8.11 Representations In relation to the supporting comments made above, the site is not considered to be a gap site. The site is located within the greenbelt and not within the boundary of Newarthill as defined by the North Lanarkshire Local Plan (2012). The proposal is considered to be contrary to Policy NBE 3A as indicated in paragraph 8.8 above.
9. Conclusions
9.1 Taking the above into account it is considered that the proposed development is contrary to policy NBE 3A of the North Lanarkshire local Plan, the associated SPG 07 and Scottish Planning Policy (SPP) as the proposal is unconnected with agriculture or any other rural use and without adequate justification or any exceptional circumstances, would set an undesirable precedent and would contribute to the incremental erosion of the Green Belt and its associated rural character. There are no other material considerations which indicate that planning permission should be granted in this instance. It is therefore recommended that planning permission be refused. Application No: Proposed Development:
17/00160/AMD Section 42 Application to Modify Planning Conditions Relating to Archaeology and Finished Materials for Waste to Heat Energy Recycling Facility (13/02371 /AMD). Site Address:
Drumshangie OCCS Greengairs Road Greengairs
Date Registered:
15th February 2017
Applicant: Agent: Macrocom (1023) Limited Turnberry Planning Ltd C/o Agent 41−43 Maddox Street London United Kingdom W1S 2PD
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 007 Airdrie North No representation received. Alan Beveridge, Sophia Coyle, Thomas Morgan, Andrew Spowart,
Recommendation:
Approve Subject to Conditions and Direction
Reasoned Justification:
The proposed modification of conditions attached to the Energy from Waste plant (EfW) development are considered to be in accordance with the terms of the current development plan and Circular 4/1998 The use of Planning Conditions In Planning Permissions. Consequently, there would be no additional significant environmental impacts as a result of amending the wording of these conditions however, given the age of the Environmental Statement and supporting information etc. allocated with the original planning permission the timescale for implementing this amended planning permission should be restricted to 12 months.
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Development: Section 42 Application to Modify Planning Conditions Relating to Archaeology and Finished Materials for Waste to Heat Energy Recycling Facility (131023711AMD). ProposedConditions:−That,
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:_ • B41679 (1−) 200, Location Plan • M1280−1001 Rev D (Site Plan) • M1280−1017 Rev E (Proposed Wide Section B−B) • M1280−1018 Rev D (Proposed Wide Section C−C) • M1280−SK08 Rev A (Preliminary Plant Layout) • M1280−SK10 Rev A (Admin. Building Proposal) • 80921400/3/03 Rev A Existing Site Long Sections • B0921400/3/012 Rev A Weighbridge and Security Gate House Plans and Elevations 80921400/3/013 Rev A Proposed 3 D Images • B0921400/3/014 Rev A Landscape Proposals Master plan
Reason: To clarify the drawings on which this approval of permission is founded.
2. That prior to the acceptance of any waste materials into the site, the Materials Recycling Facility and ash recycling facilities must be fully operational. These facilities shall be implemented in accordance with the approved plans prior to the operation of the development hereby approved. For the avoidance of doubt, all waste going into the Energy from Waste plant shall first be pre−treated in a materials recovery facility, except where pre−treatment of separate segregated wastes is not required in accordance with the requirements of the PPC Permit (or such equivalent environmental permit) for the development as approved by SE PA.
Reason: To ensure the operation of the development accords with Scottish Governments waste policy and accords with the principles of sustainable waste management.
3. That prior to the operation of the plant, full details of the combined heat and power (CHP) infrastructure, including the off−take and pipe−work required as part of a Heat Plan (approved under SEPA's PPC Permit (or such equivalent environmental permit)) shall be submitted to and approved in writing by the Planning Authority in consultation with SEPA. For the avoidance of doubt the agreed CHP infrastructure shall extend where appropriate to the boundary marked in red in approved drawing number 841679 (1−) 200, Location Plan and shall be constructed under the provisions of the approved Heat Plan prior to the operation of the plant.
Reason: In order to ensure that the physical measures required to enable heat to be exported are implemented and so ensure that the plant is capable of achieving efficiency targets in accordance with Government policy and SEPA's thermal treatment guidelines.
4. 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 B0921400131004 Rev A 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.
5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 above; shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
6. That notwithstanding the terms of Conditions 4 and 5 above, a Flood Risk Assessment shall be submitted to the Planning Authority BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the said Authority. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy (SPP) 2014 and the Online Planning Advice on Flood Risk.
Reason: In order that the Planning Authority might be satisfied that the proposed development will not give rise to flooding within the application site and will not increase the flood risk elsewhere.
7. That any flood mitigation works identified in the Flood Risk Assessment, approved in terms of Condition 6 above; shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.
Reason: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding in the interests of public safety and amenity.
8. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
9. That BEFORE the development hereby permitted starts, a Landscape Master plan (mitigation) that addresses all of the proposed landscape mitigation measures noted in the Environmental Statement including all site and off−site landscape works shall be submitted to, and approved in writing by the Planninginclude:Authority,−(a) and it shall
details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree, shrub and hedgerow planting, incorporating details of the location, number, species variety and size of trees, shrubs and hedges 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 replacement of all trees lost as a result of the development. (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail.
10. That all works included in the scheme of landscaping and planting, approved under the terms of condition 9 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the commencement of operations of the plant hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interest of the visual amenity of the site and the surrounding area.
11. 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 continuingof:−(a) care, maintenance and protection
the proposed footpaths; (b) the proposed parking areas; (C) the proposed external lighting; (d) the proposed grassed, planted and landscape areas; (e) the proposed fences; (f) the proposed landscape mitigation measures approved under condition 10 above.
Reason: To enable the Planning Authority to consider these aspects in detail.
12. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 11 above shall be in operation.
Reason: In the interest of the visual amenity of the site and surrounding area.
13. That BEFORE any works start on site, a Habitat and Species Management Plan and a Construction Environmental Management Plan, both prepared by a qualified ecologist, shall be submitted to and pieapproved−constructionin writing by the Planning Authority. These management plans shall include updated surveys of all protected species affected by the development (identifying appropriate mitigation where required), methodology for the management of all habitat and species affected by the development through the course of construction as well as measures to enhance the adjacent SlNCs and habitat therein, both during and post construction.
Reason: To enable the Planning Authority to consider these aspects in detail in the interests of nature conservation within the site and surrounding area.
14. That BEFORE any development starts on site, the Habitat and Species Management Plan and the Construction Environmental Management Plan, approved under the terms of condition 13 above, shall be in operation. Reason: In the interests of nature conservation within the site and surrounding area.
15. That before any works start on site, the applicant shall appoint an Ecological Clerk of Works' which shall be a person or body suitably qualified in ecological matters. The remit of the 'Ecological Clerk of Works' shall be agreed with the Local Planning Authority prior to the appointment being made, but this shall include the co−ordination of all works with implications for nature conservation within and around the site, to monitor and ensure the satisfactory implementation of all related mitigation works and oversee compliance with the Habitat and Species Management Plan and the Construction Environmental Management Plan agreed under the terms of condition 14 above.
Reason: To ensure the proper implementation of all related works in the interests of nature conservation.
16. That before any works start on site, a lighting strategy including details of all proposed lighting and lighting columns to be used throughout the entire site shall be submitted to and approved in writing by the Planning Authority in consultation with SNH.
Reason: In the interests of the visual amenity of the site and surrounding area.
17. That prior to their installation, full details and samples of the facing materials to be used on the external walls and roofs of all buildings, all external units, apparatus and equipment houses and the stack 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.
18. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future operatives.
19. That any remediation works identified by the site investigation required in terms of Condition 18 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 operatives.
20. That BEFORE works commence on site, the developer shall confirm in writing to the Planning Authority that full details of the maximum height, ordinance survey grid position and lighting of all structures within the site, and the anticipated construction start and finish dates, has been provided to Defence Estates Safeguarding, and thereafter any changes to these details.
Reason: To ensure appropriate information is provided to Defence Estates Safeguarding in the interests of air traffic safety. 21. That before any works start on site, written evidence shall be submitted for the approval of the Planning Authority, demonstrating that both Scotland Gas Networks and the Health and Safety Executive have accepted the proposed protection measures for the High Pressure Gas Mains running through the site.
Reason: To ensure that appropriate protection has been afforded to the High Pressure Gas pipelines in the vicinity of the application site.
22. That the developer shall afford access at all reasonable times to an approved archaeological contractor approved by the Planning Authority to allow them to observe work in progress and record any items of interest and finds uncovered by the proposed works, and that notification of the commencement date shall be given to the Council or the approved archaeological contractor in writing not less than 14 days before work commences on site.
Reason: To ensure that any archaeological found at the development site may be recorded before works are allowed to proceed.
23. That notwithstanding the terms of planning condition 1 above, and before the development hereby permitted starts, further details of the proposed roads, roundabouts, footpaths, cycle ways, HGV waiting areas, staff and visitor parking areas should be submitted to and approved in writing to the Planning Authority including any revisions. For the avoidance of doubt the proposed road leading from the southern roundabout to serve the site should terminate in a turning circle and not a hammerhead arrangement as shown.
Reason: To enable the Planning Authority to consider these aspects in detail.
24. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas agreed under the terms of condition 23 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 satisfactory vehicular access and parking facilities.
25. That before the development hereby permitted is brought into use, the means of vehicular, cyclist and pedestrian access shall be constructed in accordance with those details agreed under the terms of conditions 24 above.
Reason: To ensure the provision of satisfactory vehicular, pedestrian and cyclist access facilities.
26. That waste deliveries to the site shall be between the hours of 800am and 500pm Monday−Friday and 800am to 1 .00pm on Saturdays, with no waste deliveries out−with these hours.
Reason: In the interests of amenity of the surrounding area. Background Papers:
Consultation Responses:
None
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632500
Report Date:
10th March 2017 APPLICATION NO. 17/00160!AMD
REPORT
1. Site Description
1.1 The application site area is identical to that approved under the terms of original planning permission 08/01023/FUL (subsequently amended by planning permission 13/02371/AMD) and is located within part of the former Drumshangie Open Cast Coal Site that has now been restored.
1.2 The application site is characterised by the surrounding restored plateau moorland landscape which consists of marsh, marshy grassland, broadleaf and non−commercial coniferous plantation woodland, unimproved acid grassland, improved and semi improved grassland and bare land traversed by public footpaths.
1.3 The site is located almost equidistant between Plains and Greengairs and is bounded along part of its southern site boundary by Darngavil Road which links the two villages. The site bounded to the west, north and east by the outlying restored moorland landscaped areas.
2. Proposed Development
2.1 The applicant is seeking permission under the terms of section 42 of the Town and Country Planning (Scotland) Act 1997 to modify conditions of previously approved permission 12/01012IAMD and carried forward by virtue of 13102371/AMD Conditions proposed for modification includes, archaeology works (condition 18) and finished materials (condition 23) outlined below. The applicant also seeks to vary the commencement of development notwithstanding its attachment to the previous permission as an informative. There is also a consequential 'knock on' relating to the numbering of conditions replicated in the decision, however, this latter consequence is not considered material to the eventual decision should members be minded to approve. For ease of reference both conditions are stated below in their approved form with changes shown in the proposed conditions section of this report (revised no. 17 and no. 22 respectively). Changes proposed relate to the solely to the wording of the condition wording of the condition removing reference to a specific archaeologist in condition (22) and varying the timing of the submission of samples in condition (18). The applicant also seeks to change the time for commencement to five years from the decision date.
18. That BEFORE the development hereby permitted starts, full details and samples of the facing materials to be used on the external walls and roofs of all buildings, all external units, apparatus and equipment houses and the stack 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.
23. That the developer shall afford access at all reasonable times to Rathmell Archaeology (or other archaeology contractor approved by the Planning Authority) prior to the commencement of the development, and shall allow them to observe work in progress and record any items of interest and finds uncovered by the proposed works, and that notification of the commencement date shall be given to the West of Scotland Archaeology Service or the approved archaeological contractor in writing not less than 14 days before work commences on site.
Reason: To ensure that any archaeological found at the development site may be recorded before works are allowed to proceed.
The amended conditions are worded as follows:
17. That prior to their installation, full details and samples of the facing materials to be used on the external walls and roofs of all buildings, all external units, apparatus and equipment houses and the stack 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.
22. That the developer shall afford access at all reasonable times to an approved archaeological contractor approved by the Planning Authority to allow them to observe work in progress and record any items of interest and finds uncovered by the proposed works, and that notification of the commencement date shall be given to the Council or the approved archaeological contractor in writing not less than 14 days before work commences on site.
Reason: To ensure that any archaeological found at the development site may be recorded before works are allowed to proceed.
2.2 The proposed development was initially approved under the terms of planning permission 08/01023/FUL and would involve the construction of a proposed combined heat and power (CHP) waste management plan with a capacity to deal with 350,000 tonnes of waste per annum. The proposed waste plant includes a Material Recovery Facility (MRF), Energy from Waste (EfW) Incinerator and new access road and roundabout.
2.3 Whilst planning permission 13/02371/AMD was granted for this proposed waste management facility on March 2017, conditions (18) and (23) of that permission being retained under the terms of amended planning permission, the initiation of the development continues to require the consented development to commence before 19th March 2017. The time for commencement of the development was by virtue of Section 58 of the Act (3 years) with an advisory note attached to the decision of permission 13/02371/AMD and not as the applicant states, in his covering letter, by virtue of planning condition. The consequence of this and whether it is appropriate to extend the time for commencement further under section 42 of the Act is considered in paragraph 8.12 below. The applicant seeks to vary the time for commencement to 5 years.
3. Applicant's Supporting Information
3.1 The applicant has submitted supporting information with this application in the form of a letter which provides the list of conditions including modified of conditions (18) and (23) which consider the rewording of each condition respectively.
3.2 Screening Opinion under Regulation 6(1) of the Environmental Impact Assessment (EIA) (Scotland) Regulations 2011.
It is considered that while the applicant has not submitted a screening request for this proposal qualifying as a Schedule II within the EIA (Scotland) Regulations 2011, overall it is concluded that the modification of condition in this instance does not require an Environmental Impact Assessment. Taking into account the nature of this application it is considered that it is unlikely that there would be a significant and complex environmental effect from the proposed changes that would have an irreversible effect on the environment. Consequently it is considered that a detailed study through EIA is not required in this instance. There is however significant concern that were there to be a continual submission of minor amendments to the principle application, thereby extending the instance of the environmental statement and subsequently diminishing its relevance, then there is the likelihood that an updated Environmental Statement would be required.
4. Site History
4.1 The following planning permissions are considered relevant to the application and contain the conditions which the applicant seeks to vary:
• 08/01023/FUL Construction of Waste to Heat and Energy Plant, Recycling Facility, Access Road and Associated Works approved 7th May 2006. • 12/01012/AMD Variation to Conditions 3 and 5 and Deletion of Condition 4 of Planning Permission (expired 08/01023/FUL (as amended) (Construction of Waste to Heat and Energy Plant, Recycling Facility, Access Road and Associated Works) application approved 13 December 2012.
• 13/02371/AMD Section 42 Variation to Condition 1 of Planning Permission 12/01012/AMD to Extend Timescale for Commencement of Waste to Heat & Energy Plant (EM!) until 7th May 2017 approved 19th March 2014.
• 13/02384/AMD Section 42 Variation to Condition 27 of Planning Permission 12/01012/AMD (Proposed Waste to Heat and Energy Plant (ENV) to Allow Delivery of Waste from 7.00 am to 8.00 pm Monday to Sunday (Inclusive) Excluding Christmas Day and New Years Day approved 19th March 2014.
• 14/02552/AMD s.42 Variation to Condition 2 (List of Approved Drawings) of Extant Planning Permission 12/01012/AMD (Proposed 350,000 tpa Energy from Waste (EM!) Incinerator Plant).Approved 19th February 2015.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 Most of the application site area is zoned as NBE 3B (Assessing Development in the Rural Investment Area) in the North Lanarkshire Local Plan. A small part of the site area (where the dedicated waste delivery access road would adjoin the B803) falls within an area covered by policy NBE 3 A (Green Belt). The site is identified under policy EDI 1 Al "W" as an existing waste management facility.
6. Consultations
6.1 No additional comments were requested given that the application has been assessed and approved under the above Local Plan Policies a position that remains unchanged. (See paragraphs 8.1−8.4)
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation were received.
8. Planning Assessment
8.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997, which allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents.
8.2 Section 42 of the Act sets out that on receiving such an application, the Planning Authority need only consider the question of the conditions subject to which planning permission was granted. If it is decided that planning permission should be granted subject to different conditions, or that it should be granted unconditionally, planning permission should be granted.
8.3 Conversely, should it be decided that planning permission be granted with the same conditions to which the previous permission was approved, then planning permission should be refused.
8.4 As no material changes have been made to the approved design, purpose or capacity, the main issue to assess is whether the proposed modification to conditions would be acceptable in terms of the current development plan and any other material considerations, while conforming to the provisions of Circular 4/1998 The use of Planning Conditions in Planning Permissions. Glasgow and the Clyde Valley Strategic Development Plan 2012
8.5 On the basis that the current Section 42 application seeks to amend the commencement of development date and conditions (18) archaeology works and (23) finished materials of the previously consented development, it is considered there are no strategic implications to be addressed under the current structure plan. The determination of this Section 42 application therefore requires to be considered under the terms of the North Lanarkshire Local Plan and any relevant supplementary planning guidance.
8.6 In considering the circumstances under which the application was approved it should be noted that the relevant local plan is the North Lanarkshire Local Plan.
8.7 Development Plan: North Lanarkshire Local Plan (NLLP): The application site is located within an area zoned as NBE 3 B (Rural Investment Area) and is also identified in the local plan as suitable site for a waste management facility under policy EDI Al. As such the proposed development in principle is in accordance with the Local Plan.
8.8 The impacts from the construction and operations of the proposed EfW plant was previously assessed as acceptable following consideration of the EIA Environmental Statement. There would be no alteration to the scale and type of the waste facility, as such; Development strategy policies DSPI Amount of Development, DSP2 Location of Development and DSP3 Impact of Development are not relevant in the assessment of this application.
8.9 DSP4 Quality of Development: quality design aspects were previously deemed acceptable under the previously considered planning permissions. The applicant is not seeking to remove the requirement for archaeological works and the submission of finishing materials for approval but rather he is seeking to rationalise the wording of these conditions to more accurately concur with the provisions of the relevant Circular 3/2013, Development Management Procedures. In doing so, the applicant continues to encompass the requirement to comply with the relevant conditions within the rewording demonstrated in this application, should the members be minded to grant, thereby continuing to comply with policy DSP4 Quality of Development as it relates to conditions (18) and (23).
8.10 There are no other material planning considerations identified as a result of this application.
8.11 The applicant comments that Planning Permission 13102371/AMD was granted subject to one new condition which purports to attach all conditions (except condition 1) from the original Planning Permission 12/01012/AMD by reference, that is to say, the conditions from the original planning permission were imposed on Planning Permission 13/02371/AMD. It is noted that this is not best practice and does not conform to guidance stipulated in Annex I (2c) and Annex I (6) of the Planning Series Circular 312013 Development Management Procedures (as revised 2015) concerning Section 42 applications. Therefore, in considering a modification of the wording of the relevant conditions there is no prospect that if approved the changes to the wording of these conditions will result in additional negative environmental impact from the (EfW). Conversely, this application is seeking to rationalise two planning conditions embedded within the current planning history of a development which the applicant considers to be poorly worded. Consequentially and ordinarily the time for implementation of the development if approved would be by virtue of Section 58 of the Act (3 years). As such the applicant is not proposing additional physical development but instead aligning an approved decision notice with the provision of the relevant circular on planning conditions. It therefore has to be accepted that the by virtue of the approval of the original permission, that the proposal continues to accord with the development strategy policies, on the basis of the rewording of conditions(18) and (23) proposed. The revised conditions continue to comply with the provisions of Circular 4/1998 The use of Planning Conditions In Planning Permissions.
8.12 Variation of time for the initiation of development: In turning to extant permission 13/02371/AMD, the date of commencement set by virtue of Section 58 of the Act (3 years) was not the subject of planning condition but instead referred to in the accompanying advisory note to that permission. Condition 1, referred to in the applicants supporting letter, in effect carries forward the remaining conditions from permission 12/01012/AMD with the exception of condition 1 (time of commencement). It should therefore be noted that the subject extant permission, 13/02371/AMD had the singular aim of extending the time of commencement for the development having previously been set by permission 12/01012/AMD (now expired). Permission 13/02371/AMD is due to expire on the l9" March 2017. It follows that having specifically extended the time for commencement, till the 19 March 2017, the current commencement date remains otherwise unchanged and notably not the subject of a planning condition in permission 13/02371/AMD. However, in recognising the ineffectiveness of considering this modification to planning conditions attached to a permission which is due to expire prior to an opportunity for the members to come to a decision, members attention is drawn to the Circular 3/2013 (Development Management Procedures) Annex I Applications for planning permission under section 42 of the Act. This advises that in determining Section 42 applications, where a new permission is granted, the new duration will be as specified in Section 58 of the Act (three years). That said, it would be possible for the Planning Authority to direct that an alternative time period applies. Put simply, the duration of the new permission will be as specified in Section 58 of the Act, unless the Authority granting planning permission directs otherwise. Given that the application and tangential Environmental Statement was first approved on the 7th May 2009, there is justifiable concern that the original permission may not soon be supported by information up to date and relevant as it should be, given the passage of time since the original decision. A situation which can only be exacerbated in the future through the continuous renewal of planning permission in the preceding manner. In this application the applicant is requesting a further 5 years making the original information submitted potentially 13 years old. It is however also recognised, from the applicants supporting information (covering letter), which advises that the land owner is currently in negotiations with a potential operator for the proposed waste to heat and energy plant (EfW) prompting this application to alter and rationalise approved conditions. Therefore, on balance it is recommended that an informative is attached to any decision notice providing 1 year to commence the development and to enable the land owners' negotiations to continue while maintaining a requirement for contemporary supporting information and Environmental Statement.
8.13 The applicant has requested that he be heard in person by the committee as he advises that this particular project is approaching a critical phase in the delivery of the scheme requiring that they provide their commercial partners confidence that there is sufficient time to secure all necessary environmental consents and contracts. The applicant is therefore seeking a 5−year Direction but if considered by the Committee to be unacceptable, then he would be willing to accept a 3−year Direction.
Conclusions
9.1 The application which was submitted under Section 42 of the Act seeks to reword two conditions, the rewording of which concurs with the terms of the current approval and development plan. As such, there would be no additional significant environmental impacts as a result of modifying these conditions. It is also recommended that, under Direction, the timescale for the initiation of development is restricted to allow a further 1 year to commence the development. The applicant has however requested a longer period of 5 years, but is willing to accept 3 years, on the basis that the landowner requires additional time to negotiate with prospective operators for the approved development. Application No: Proposed Development:
17/001 78/FUL Construction of 6 Flats (Renewal of Planning Permission) Site Address:
10 Old Mill View Croy G65 9JB
Date Registered:
9th February 2017
Applicant: Agent: McGoldrick Developments Ltd Block Architects Ltd 10 Baird Avenue 18 Cairnryan Crescent Strutherhill industrial Estate Blantyre Larkhall South Lanarkshire South Lanarkshire G72 OJJ MI−9 2PJ
Application Level: Contrary to Development Plan: No
Ward: Representations: 001 Kilsyth 1 letter of representation received from Jean Jones, Heather McVey, Alan Stevenson, Croy Community Council.
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The application is for the renewal of an existing Planning Permission and as there has been no material change to the site since the previous consent, the proposed renewal of the consent is considered to be acceptable. 36
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Reproduced by permission of Planning Application: 17/00178/FUL the Ordnance Survey on Name (of applicant): McGoldrick North behalf of HMSO. © Crown Copyright and database right Developments Ltd Lanarkshire 2009. All rights reserved. Site Address: 10 Old Mill View Council Ordnance Survey Licence Croy number 100023396. A G65 9,113 7 Development: Construction of 6 Flats (Renewal of Plannina Permission) ProposedConditions:−That,
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− 16−152−GA 001 −007 inclusive.
Reason: To clarify the drawings on which this approval of permission is founded.
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 the said Authority before development starts and shall be certified by a chartered civil engineer as complying with SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater 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) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
4. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
5. That before the development hereby permitted is brought into use a 1.8 metre wide footway shall be constructed from the end of the existing footway at no. 10 Old Mill View southwards to the end of the adjacent parking area for the flats, beyond this point a 1.8m wide delineated service verge shall be provided over the remaining frontage of the site.
Reason: In the interests of traffic and pedestrian safety.
6. That before the flatted dwellings hereby permitted are occupied, the car park drainage shall be installed and fully operational to ensure that no surface water runs onto the public road.
Reason: In the interests of traffic and pedestrian safety.
7. That before the development hereby permitted starts, full details of the design of all structures, including retaining walls, supporting the public road/carparking/footway shall be submitted for technical approval.
Reason: In the interest of pedestrian and road safety.
8. 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: In the interests of the visual amenity of the area. 9. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls, including the bin store 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 interest of the amenity of the site and the general area.
10. That BEFORE any of the flatted dwellings hereby permitted, are occupied, the fence, or wall, as approved under the terms of condition 9; above, shall be erected.
Reason: In the interest of the amenity of the site and the general area.
11. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, andinclude:approved−(a) in writing by the Planning Authority, and it shall
details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail; in the interest of the amenity of the site and the general area.
12. That all works included in the scheme of landscaping and planting, approved under the terms of condition 11 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interest of the amenity of the site and the general area.
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 continuingof:−(a) care, maintenance and protection
any tree/shrub planting, earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) the proposed parking structure. (c) the bin store. (d) any proposed fences and or walls to be erected along the boundaries. (e) the SUDS and car park drainage system.
Reason: In the interest of the amenity of the site and the general 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 interest of the amenity of the site and the general area. Contact Information:
Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500
Report Date:
24th February 2017 APPLICATION NO. 17/00178/FUL
REPORT
1. Site Description
1.1 The application site is located within an existing residential area. It is north−south orientated and of a narrow triangular shape and is a steep downward westerly sloping grass embankment. To the north, twoand−storeyeast there is an existing residential area with a bungalow directly to the north and traditional dwellings to the east. Directly to the south and east there is an area of open space. With the area to the west beyond the existing hedgerow boundary forming part of a Site of Importance for Nature Conservation (SINC).
2. Proposed Development
2.1 Permission is sought to renew the existing consent for the construction of six flatted dwellings on the site which originally received consent on the 28t1 of May 2009 (08/00085/FUL), which was renewed and amended under planning application 14/01268/AMD. The existing consent under 14101268/AMD expires on the 25th of July 2017. No changes are proposed to the layout or house types approved under the previous application.
2.2 The proposed development consists of a block of six flats formed over 3 storeys, with an L−shaped plan and dual−pitched roof. Dedicated parking along the eastern boundary of the site is proposed. Due to the sloping nature of the site a significant amount of cut and retention is proposed.
3. Applicant's Supporting Information
3.1 No supporting information was submitted.
4. Site History
4.1 Planning application 08/00085/FUL for the construction of 6 Flats on the site was granted Planning Permission after a site visit and hearing on the 28" of May 2009. Planning application 14/01268/AMD for Non Compliance with Condition I of Planning Permission 08/00085/FUL (Construction of six 1 Bedroom Flats) was approved on the 25th of July 2014. A section 64 variation was approved on the 12th of October 2016 that changed the elevations and internal layout of the approved block but not how it relates to surrounding houses or in terms of scale, massing and footprint. The current application under consideration is to renew the above consent as reflected in the Section 64 variation.
5. Development Plan
5.1 The application site's designation is an existing (short−term) housing land supply site covered by Policy HCF 2A1 with a ref NLCN0492.
6. Consultations
6.1 No consultation responses have been received. Although in this case, this is less important as this application is a renewal and there has been no material change in circumstances since the most recent and extant approval.
7. Representations
7.1 One letter of representation received from Croy Community Council. The objection is on the grounds that the proposal will be detrimental to the character of the village and the rural character of the surrounding area and will generate additional traffic.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies.
8.2 The site has been identified as a housing site as a result of its planning history and extant planning permission and as such, the principle of housing has been established. It is considered that no further assessment is required for Policy DSP 4 as no changes are being proposed to the development previously granted. In terms of the objection from the community council, these points have been noted. However they cannot reverse the previous and extant planning permission as there has been no material change of circumstance on site.
9. Conclusions
9.1 Based on the facts and the assessment within this report, it is considered that the proposal accords with the relevant policies of the North Lanarkshire Local Plan 2012 and permission is hereby granted to extend the existing consent subject to conditions. Application No: Proposed Development:
17/001911F(JL Proposed Erection of 11 No. New Dwellings to Vacant Site Site Address:
Sites East Of King's Drive Westerwood Cumbernauld
Date Registered:
7th February 2017
Applicant: Agent: Ogilvie Homes Ltd N/A Ogilvie House 200 Glasgow Road Stirling Scotland FK7 8ES
Application Level: Contrary to Development Plan: Local No
Ward: Representations: 002 Cumbernauld North 68 letters of representation received. Balwant Singh Chadha, Alan Masterton, Barry McCulloch, Alan O'Brien,
Recommendation: Refuse
Reasoned Justification:
The proposed development is considered unacceptable as it would result in the removal of an area of amenity open space (including woodland) which is considered a valuable landscape buffer to the detriment of the amenity of the adjacent housing and wider housing area. The proposal is considered to have a unacceptable adverse impact on established residential amenity of the area contrary to Local Plan Policy. Idge \ r( \ Q 000
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Reproduced by permission of Planning Application: 17100191!FIJL the Ordnance Survey on Name (of applicant): Ogilvie Homes Ltd North behalf of HMSO. © Crown I Copyright and database right Site Address: Sites East Of Kings Drive Lanarlçshire 2009. All rights reserved. I Westerwood Council Ordnance Survey Licence Cumbernauld number 100023396. Proposed Erection of 11 A Development: I No. New Dwellincis to Vacant Site Recommendation:Reason:−The Refuse for the Following
proposed development is considered contrary to policy DSP 4 of the North Lanarkshire Local Plan as it is considered that the removal of this area of amenity open space (including woodland) would have a detrimental impact on the established amenity of both the adjacent dwellings and wider housing area. Furthermore it is considered that the proposed development site offers a valuable established landscape buffer and its removal would be to the detriment of the character and setting of the area.
Background Papers:
Consultation Responses:
Traffic & Transportation received 2nd February 2017 NLC Environmental Health (including Pollution Control) received 15th February 2017 NLC Greenspace received 7th March 2017 NLC Arbor received 81h March 2017 NLC Education received 8th February 2017 The Coal Authority received 14th February 2017 Scottish Gas Network received 17" February 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500
Report Date:
10"' March 2017 APPLICATION NO. 17/00191/FUL
REPORT
1. Site Description
1.1 The proposed development site is an area of landscape buffer including woodland adjacent to both Kings Drive and Queens Drive to the north of Eastfield Road and southeast of Dullatur. The application site measures approximately 1.3 hectares and sits adjacent to Dullatur Road and has a linear appearance separated into three sections dissected by the accesses to both Kings and Queens Drive respectively. The small sections either side would contain two dwellings each and the middle section 7 dwellings accessed from a rear access road connected to Kings Drive which terminates in a turning circle.
Proposed Development
2.1 The applicant is seeking to develop 11 two storey detached dwellings in a linear development with access taken from Kings drive by an access road for 7 dwellings, driveway access for two dwellings and access from Queens Drive by private access road/driveway for two dwellings. The dwellings incorporate three house types with a mixture of integral and detached garages as well as in−curtilage parking. The dwellings incorporate a living room, kitchen/lounge area, dining room, bathroom(s) and four or five bedrooms and are proposed to be finished in render and feature stone, upvc windows, interlocking roof tiles with the finishing materials to be submitted and approved by planning condition.
3. Applicant's Supporting Information
3.1 The applicant has submitted additional supporting information including a Planning Statement, Design andGeo−EnvironmentalAccess Statement, Architectural Design Statement, Ecological Assessment, Interim Report, Tree Survey, Drainage Assessment, Previous Appeal Decision Notice, Previous Road Operations Observations and Street Engineering Review.
4. Site History
4.1 The site and surrounding area formed part of a wider housing release in terms of a new town expansion which received detailed consent through the former Cumbernauld Development Corporation.
Application 15/02136/FUL − Assessment and Appeal Decision
4.2 The previous application for the site 15/02136/FUL for the erection of 11 dwellings was presented to the Planning and Transportation Committee on the 27th January 2016 with a recommendation for refusal and was continued to hold a hearing at the applicants' and objectors' request. The Planning and Transportation Committee held a hearing on 23 Td March 2016 and decided to refuse planning consent for the development and a refusal notice was issued thereafter. The reasons for refusal were asfollows:−1.
That proposed development is considered contrary to policy DSP 4 of the North Lanarkshire Local Plan as it would result in the removal of an area of amenity open space and a valuable landscape buffer for the existing housing development to the detriment of the amenity of the wider housing area and would result in an unacceptable adverse impact on established residential amenity and character of the area.
2. The proposed development is considered contrary to policy DSP 4 of the North Lanarkshire Local Plan as the proposed access arrangements and visibility splay of the development are considered substandard to the detriment of road safety.
4.3 The applicant subsequently appealed the Councils decision to refuse planning consent to the Planning and Environmental Appeals Division which was dismissed by the appointed reporter on the 4th November 2016. In dismissing the appeal the reporter made it clear that a revised layout submitted by the applicant Drawing No.101−SK10 Rev A − Proposed Road Layout, was not before the Planning Authority or those who made representations to the planning application at the time the decision was made, and so was excluded from consideration in this appeal in accordance with Section 47A(1) of the Town and Country Planning (Scotland) Act 1997.
4.4 The reporter in considering reason 1 for refusal considered that "in terms of density, form, scale, height, massing, proportion, detailing, colour and materials, the proposal would be a suitable design response to the existing built form in the local environment. There is no evidence before me to demonstrate that the infrastructure required to service the proposed development would be inadequate." and that "given the degree of separation and orientation between the proposal and the established homes at Kings Drive, Rosemount, Gullane Crescent and Queens Drive, no adverse impact on residential amenity would arise in terms of privacy, overlooking or overshadowing". The reporter considered that whilst "This proposal would alter the local context, but, I find, not to a degree that would adversely impact on the level of amenity currently experienced by residents in the immediate locality." The reporter concluded that "the proposed overall site layout and design would not have an adverse impact on residential amenity, in accordance with the requirements of Policy DSP 4 Part 3 (a) and (f)".
4.5 In terms of the status of the site the Reporter noted that "The council is of the opinion that the site also functions as a valuable landscape buffer, and its loss would have an adverse impact on the amenity of existing residents. I find that the site does not appear to form part of any designed landscape scheme, it appears to be loosely maintained, and it does not appear to function as a buffer against any particular existing adverse impacts. ". The reporter concluded that "the proposed site is not a formal landscape buffer, rather I find it is unallocated land within the settlement boundary". The reporter thereby dismissed reason 1 for refusal of the application.
4.6 With regard to reason 2 for refusal the reporter noted that "In relation to the proposed access and road layout for the site, the council and objectors have raised concerns regarding the proposed access, the visibility splays and the parking arrangements, as set out in reason 2 of the refusal of the planning application. North Lanarkshire Council Traffic and Transportation recommended refusal of the application on those grounds. It should be noted that these concerns relate primarily to the original proposed road layout which accompanied the planning application". The reporter concluded that based on the original layout, there is a risk that the proposed junctions may create traffic conflicts at the entrances to Kings and Queens Drives, and that the required visibility splays do not appear to be capable of being achieved. Given this conclusion, I am satisfied that the proposed development is not appropriate in relation to access and visibility splays and it would have a detrimental impact on local residents to an extent that would be contrary to Policy DSP 4 of NLLP".
4.7 In dismissing the appeal the reporter made it clear that "The evidence before me demonstrates that potentially, there is an acceptable solution to the potential impacts on amenity arising from the proposed access and road layout. However, this solution is only illustrated in Drawing No. 101−SKI0 Rev A, Proposed Road Layout, which is not part of this appeal". The reporter therefore upheld reason 2 for refusal with the caveat that a potential solution acceptable to the Council's Roads Officers appeared to be evident by the revised drawing submitted by the applicant (Drawing No.101−SK10 Rev A − Proposed Road Layout) but excluded from consideration by the reporter given that it was not considered by the Planning Officer, available on the planning portal to be considered by the public or considered by the Planning Committee in taking its decision to refuse the planning application.
5. Development Plan
5.1 The application site is covered predominantly by policy HCF 1A (Protecting Residential Amenity and Community Facilities) − Residential Areas in the North Lanarkshire Local Plan. In addition a small section of the site is zoned as HCF1 Bi Community Facilities. Policies DSP 1−4 are also relevant.
6. Consultations
6.1 Thebelow:consultation−NLC responses are summarised
Traffic & Transportation has no objection subject to conditions relating to adequate access, parking and manoeuvring arrangements and suitable visibility splay provision for the proposed development. ii) NLC Environmental Health (including Pollution Control) has no objection subject to a conditions relating to the provision of a site investigation report and remediation measures if necessary.
iii) NLC Education has no objection provided that the development is completed within the next 5 years.
iv) NLC Greenspace (Arbor Section) comment that a richer species mix for the hedgerow planting should be undertaken for the benefit of wildlife. In terms of tree removal in the areas of woodland it is noted that a number of semi−mature and mature Oak trees have been selected for removal and it is recommended that the woodland is integrated within the proposals to retain the south woodland block. Greenspace also noted the requirements in relation to tree protection measures in terms of BS 5837:2012.
v) NLC Greenspace comment that they will require an updated protected species survey as the current survey is from 2015 and that the updated survey should indicate on a map the trees with bat potential to ensure these are protected through development. Greenspace note that no trees should be removed or have any work carried out on them without further bat surveys being undertaken. Furthermore clearance of the site should be undertaken outwith the breeding bird season. In addition it is noted that there are several wooded areas adjacent to the site. This development will fragment these pockets of woodland. Greenspace Development would comment that an area to the north of the site between the new development and the existing gardens should be kept and enhanced as a woodland strip to create connectivity between woodland pockets. In addition it was noted that access to the back lane area could be improved by utilising the planned 2m wide maintenance strip.
vi) Scottish Gas has no objection to the proposed development but note the presence of their infrastructure in the area.
7. Representations
7.1 Following the standard neighbour notification process and press advertisement 68 letters of representation have been received including multiple comments from some parties. A joint letter from Jamie Hepburn MSP and Stuart McDonald MP outlines that they share many of the concerns submitted by the residents in the surrounding area and hope that the strong objections made by local residents will again be taken into account when any decision is taken on the application. Councillor Alan Masterton has also submitted concerns relating to the proposed access arrangements for the development, increased traffic and potential for increased parking on Dullatur Road associated with the new dwellings and detrimental impact on amenity with the loss of green space. The other points of below:representation−• received are summarised
The development is contrary to the Local Plan and conflicts with the previous Cumbernauld Local Plan. • The development will have a detrimental impact on traffic and road safety including access and egress of adjacent dwellings and increased parking on Dullatur Road. • Loss of privacy • Loss of open aspect. • Development will be overbearing, out of scale with the existing dwellings • Overshadowing • Noise disturbance. • Detrimental impact on the natural environment and visual amenity with the removal of established open space and trees. • No need for additional housing in the area. • Impact on the local schools and facilities and inadequate provision of amenities to serve the dwellings in the area. • The density of the proposed development • Impact on existing drainage • The lack of public transport in the area and increased pressure on Croy railway station. • The previous refusal by the Council and DPEA • Requirement for additional school buses • The development will alter the appearance of Dullatur Road from a country Lane to a suburban street. • Decimation of trees in the adjacent housing site and concerns that similar will happen at the application site. • The residents have maintained the open space area at their own expense. • Building site workers parking on Kings and Queens Drive. • The development will not make a positive contribution to the streetscape. • Development will de−value adjacent homes. • The plan fails to show extensions to neighbouring properties. • Development would remove a valuable landscape buffer and amenity area. • The development will give the appearance of merging with the neighbouring development across Dullatur Road. • The Council planners have no input or concern for the local community and as such I object to yet another foolish planning decision by NLC. • The proposed development contravenes the emerging Local Development Plan which designates the site as a Protected Area − on the Protect Plan − under the protecting assets and resources theme − as an area of green network assets. • The impact of the proposed development on Broadband exchange servicing the existing dwellings. • The garage for plot 2 appears beyond existing building line for Kings Drive impacting on sightlines and visibility splay and will overshadow adjacent front garden.
7.2 An objector to the development has requested site visit is undertaken to fully consider some of the issues listed above.
7.3 One representation in support of the application was also received from a local resident.
8. Planning Assessment
8.1 Under Section 25 of the Town and country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and the Clyde Valley Strategic Development Plan and therefore it can be assessed in terms of local plan policy.
North Lanarkshire Local Plan
8.2 Policy HCF1A (Protecting Residential Amenity and Community Facilities) − Residential Areas in the North Lanarkshire Local Plan sets out that there is a presumption against developments detrimental to residential amenity in primarily residential areas. HCF1 Bi Community Facilities also outlines that the Council will protect community facilities however it is considered that the redevelopment of the site for residential purposes has the potential to accord with policy HCFIA and HCF1 Bi subject to detailed assessment against policies DSP 1−4.
8.3 Policy HCF3 (Assessing Affordable Housing Development) requires that for sites of 5 to 19 dwellings, the Council will seek payment of a commuted sum, in lieu of site provision, of value equivalent to the cost of providing the percentage of serviced land required by the Affordable Housing Policy. The applicants have agreed to fully comply with this policy requirement and as such the proposals are considered to accord with policies HCF3.
8.4 DSP 1 Amount of Development and DSP2 Location of Development: Given the size and nature of the proposed development policies DSP 1 and DSP 2 are not considered to be relevant in the assessment of the proposed development.
8.5 DSP3 Impact of Development: As noted above NLC Education comment that they have no objection to the proposed development provided it is completed within the next five years. In terms of the requirements for the applicant to comply fully with the requirements of policy HCF 3 (Assessing affordable Housing Development) as noted above they have agreed to fully comply with this policy requirement. 8.6 DSP4 Quality of Development: This policy considers development specific impacts in terms of existing site attributes and provides a range of assessment criteria which are addressed in turn below:
8.7 Part I & 2: The applicants have submitted various supporting information noted in section 3 above setting out their appraisal of the existing character and features of the site and its setting including matters such as ground stability and contamination, landscape, biodiversity, landscape features, wildlife features and amenity value. Furthermore the applicants have included reference to the previous appeal decision noted in section 4 above and the previous comments submitted by the Council's Transportation Section. Notwithstanding the opinion of the applicants in the supporting documents provided and indeed the assessment of the reporter it is still considered that the proposed development does have a detrimental impact on the character and setting of the area and its amenity value. The application site offers a valuable landscape buffer for the existing settlements at both Kings and Queens Drive with established entrance features and provides a good set−back for development away from a well utilised link road to Dullatur. Furthermore it is also considered that application site forms a valuable buffer with the proposed housing zone sited on the other side of Dullatur Road and its development would give the appearance of the effective coalescence of both the existing and proposed development.
8.8 Part 3(a) Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing, colour, materials and open space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity. In terms of layout, the applicants propose a rear access road linked to Kings Drive with a roundel to the rear of 7 dwellings and driveway access for 2 dwellings on Kings Drive and private road access for two dwellings accessed from Queens Drive. NLC Traffic and Transportation have no objections to the proposed development subject to conditions however this does not override the existing fundamental concerns in relation to the suitability of the site for development.
8.9 The Developers Guide to Open Space minimum space around dwellings guidance requires that houses provide 3m side garden ground and lOm rear garden length. The overall layout of the site meets these requirements and given the distance and orientation of the plots and associated outbuildings are such that the can be accommodated without detriment to the existing neighbouring properties in terms of overlooking and overshadowing. As the development is less than 30 units there is no requirement for formal play provision to be accommodated within the site. The site is flat and relatively level to that of the adjacent properties to the east and as such there are no level issues or retaining elements required in the layout.
8.10 The surrounding properties have a mixed palette of finishing materials and it is considered that the proposed finishing materials of the proposed dwellings would in this instance complement the finish of the adjacent dwellings. The layout ensures that there is no unacceptable adverse impact on residential amenity of adjacent neighbouring properties in terms of privacy, overlooking or overshadowing. The development of this site whilst complying with NLC standards in terms of garden size and dimensions will inevitably impact on the levels amenity currently enjoyed by residents. The proposal will also significantly alter the character of the area reducing the sense of openness and separation from Dullatur Road.
8.11 Part 3(b) safe inclusive convenient and welcoming development. Attractive pedestrian links, integration with public transport, green networks, wider links, access for cars and appropriate car parking being well located. The proposed rear access road and private access road will form additional accesses onto both Kings and Queens Drive. As noted above NLC Traffic and Transportation have no objections to the proposed development subject to conditions and it is therefore considered that the proposed access, visibility splay and general internal layout arrangements of the development with plot sizes that do allow the properties to achieve the required in−curtilage car parking standards are considered acceptable.
8.12 Part 3(c) Sustainable Development: Having assessed the proposed development it is considered that the proposed development will accord with the principles of sustainable design. The proposals are therefore considered to accord with this section of the policy.
8.13 Part 3(d) Mitigating likely air quality, noise or pollution impacts: The development of the site would not result in a significant increase in residential units and, as such, is highly unlikely to increase any impact on air quality. It is acknowledged that there will be noise associated with construction works, however this impact will be temporary. Ground investigation works would form part of recommended conditions should the application be approved contrary to our recommendation and, should any contaminants be found as a result of the investigation, suitable mitigation works would be carried out. Protective Services have no objections to the proposed development subject to recommended conditions.
8.14 Part 3(e) Protecting Water bodies and SUDS/Drainage: There are no water courses within the site which require specific protection and neither SEPA nor Scottish Water has objected to the proposals. A condition is recommended requiring the submission of a more detailed certified drainage scheme.
Other Material Considerations
Proposed North Lanarkshire Local Development Plan
8.15 The Proposed North Lanarkshire Local Development Plan (PNLLDP) was out for public consultation between 30th January 2017 and 20th March 2017. The PNLLDP identifies the application site on the Promote Map as a General Urban Area which seeks to maintain and improve the level of amenity in urban areas and courage development in keeping with the residential amenity in areas primarily residential in character. The Protection Map identifies the majority of the application site as Protecting assets and resources − Category 4 Urban Green Network which identifies the site as a location of value to people in their communities and contributing to life in local communities. The characterisation of the Protection Map would seem to mirror the characterisation of the application site in the assessment of the development against the local Plan above and as such similar concerns are maintained in terms of the emerging Local Development Plan. It is however noted that given the status of this plan that the PNLLDP has limited weight in the assessment of the proposed development at this stage.
Previous Appeal Decision
8.16 With regard to the appeal decision noted in section 4 above it is noted that the Reporter in dismissing the appeal considered that reason 1 for refusal was not upheld as it was considered that the "overall site layout and design would not have an adverse impact on residential amenity, in accordance with the requirements of Policy DSP 4 Part 3 (a) and (f)". And that "the site does not appear to form part of any designed landscape scheme, it appears to be loosely maintained, and it does not appear to function as a buffer against any particular existing adverse impacts' The reporter concluded that 'the proposed site is not a formal landscape buffer, rather / find it is unallocated land within the settlement boundary". Whilst it is accepted that the reporter took a different view to the Council in the assessment of the previous application as outlined in the assessment above the Council retains concerns regarding the removal of this amenity space area and thereby maintains its position in relation to the reason for refusal of the development.
Letters of Representation
8.17 Turningnoted:−Theto the letters of objection it should be
development is contrary to the Local Plan and conflicts with the previous Cumbernauld Local Plan.
Response: As noted in the assessment in section 8 above it is considered that the redevelopment of the site for residential purposes has the potential to accord with policy HCF1A subject to detailed assessment against policies DSP 1−4. The proposed development is considered contrary to the local plan in terms of policy DSP 4 as it would result in the removal of an area of amenity open space (including woodland) and a valuable landscape buffer for the existing housing development to the detriment of the character and amenity of the wider housing area.
The development will have a detrimental impact on traffic and road safety including access and egress of adjacent dwellings and increased parking on Dullatur Road.
Response: As noted above NLC Traffic and Transportation have no objections to the proposed development subject to conditions and as such the development is considered to be acceptable in terms of impact on traffic and road safety.
Loss of privacy
Response: It is considered that the proposed development can be accommodated in its current layout without detriment to the adjacent dwellings in terms of privacy. The proposed layout ensures that direct window to window distance more than exceeds the minimum 18m required. Nevertheless existing residents currently experience a significant degree of privacy that will be eroded by the development.
Loss of open aspect.
Response: The loss of open aspect is not a material planning consideration; however it should be noted that the nearest dwelling lies approximately 26m away from the dwellings located within the existing settlement where their rear aspect faces the development. Whilst it is noted that some of the associated garages sit closer these are also considered to be sufficient distance from the dwellings to not have any significant impact. Again it is noted that the character of the area is such that existing residents enjoy an open aspect which will be eroded by the development if approved.
Development will be overbearing and out of scale with the existing dwellings
Response: It is not considered that the development would be overbearing or out of scale with the existing dwellings given their distance to the existing properties within the area. Furthermore the proposed design of the dwellings, are considered acceptable given the context of the large plots and they are considered to complement the design of the existing development.
Overshadowing
Response: The proposed dwellings and associated outbuildings are sufficient distance from neighbouring properties to ensure that there are no issues in relation to overshadowing.
Noise disturbance.
Response: Whilst it is accepted that there will be some noise and disturbance from the construction of the development it is not considered that the proposals if approved would cause any noise disturbance significant to warrant the refusal of the application.
Detrimental impact on the natural environment and visual amenity with the removal of established open space and trees.
Reason: As noted in the assessment in section 8 above it is considered that the proposed development does have a detrimental impact on both the setting of the area and its amenity value. The application site offers a valuable landscape buffer with for the existing properties at both Kings and Queens Drive with established entrance features and provides a good set−back for development away from a well utilised link road to Dullatur. Furthermore it is also considered that application site forms a valuable buffer with the proposed housing zoned site on the other side of Dullatur Road and its development would give the appearance of the effective coalescence of both the existing and proposed development.
No need for additional housing in the area.
Response: It is not considered that the development of this site would adversely impact the existing housing supply sufficient to warrant refusal of the application.
Impact on the local schools and facilities and inadequate provision of amenities to serve the dwellings in the area.
Response: It is not considered that the development of the site for an additional 11 dwellings at this location would have a significant detrimental effect on local services and amenities sufficient to warrant refusal of the application.
• The density of the proposed development
Response: The density of the proposed development is considered acceptable with more than adequate spacing between the proposed dwellings.
• Impact on existing drainage
Response: It is considered that the development can be accommodated without detriment to the adjacent dwellings in terms of drainage. If approved planning consent would be subject to standard conditions relating to the requirement to adhere with the latest SUDS requirements.
• The lack of public transport in the area and increased pressure on Croy railway station.
Response: It is considered that the development of an additional 11 dwellings can be accommodated without detriment to public transport or Croy railway station.
• The previous refusal by the Council and DPEA.
Response: The previous refusal by the Council and the subsequent decision of the DPEA to dismiss the appeal and its circumstances is noted in paragraphs 4.2 to 4.7 above. Given the amendments to the proposed access for the development the applicant is entitled to submit an application to be considered by the Council.
• Requirement for additional school buses.
Reason: It is considered that the development of an additional 11 dwellings can be accommodated without significant impact on capacity of school buses in the area.
• The development will alter the appearance of Dullatur Road from a country Lane to a suburban street.
Reason: Whilst it is accepted that the development of the site will alter the appearance of the area reducing removing the landscape buffer between Dullatur Road and the existing dwellings it is not considered that the current appearance of the local distributor road is that of a Country lane.
• Decimation of trees in the adjacent housing site and concerns that similar will happen at the application site.
Response: It is noted that the proposed development and revised access arrangements require the removal of additional trees from the site which forms part of the existing valuable landscape buffer. As noted in the assessment in section 8 above it is considered that the proposed development does have a detrimental impact on both the setting of the area and its amenity value with part of that impact associated with the removal of woodland from the site to accommodate the proposed development. It is noted that the adjacent housing developer has removed trees outwith those granted consent to be removed but that replacement planting is being encouraged to mitigate this loss.
• The residents have maintained the open space area at their own expense.
Response: The current maintenance responsibility of the area of open space is not a material consideration in the assessment of the proposed development.
• Building site workers parking on Kings and Queens Drive.
Response: The parking of vehicles legally on the public road is not a material planning consideration and it should be noted that any illegal parking on the public road is a matter for the police.
• The development will not make a positive contribution to the streetscape. Response: The impact of the development on the streetscape is not considered to be as significant as the impact on the character of the area with existing residents enjoying an open aspect which will be eroded by the development if approved. Furthermore the application site offers a valuable landscape buffer with for the existing properties at both Kings and Queens Drive and a good set−back for development away from a well utilised link road to Dullatur.
• Development will de−value adjacent homes.
Response: The impact of the development on adjacent property values is not a material planning consideration.
• Security of adjacent properties will be compromised.
Response: It is not considered that the proposed development will have a detrimental; impact on the security of adjacent dwellings given that it would increase casual supervision of the area.
• Problems with mud on the road associated with the housing being developed across Dullatur Road and associated dirt and contamination of the Chanticleer Burn.
Response: It is considered that the development can be accommodated without detriment to the adjacent dwellings or wider area in terms of drainage. If approved planning consent would be subject to standard conditions relating to the requirement to adhere with the latest SUDS requirements. The current issues noted in relation to mud on the road and potential contamination of the Chanticleer Burn are separate matters that will require to be investigated in relation to the other housing development and are not material to the assessment of the current planning application.
• The plan fails to show extensions to neighbouring properties.
The applicants submitted location and block plans are considered to be sufficient to assess the proposed development. The addition of extensions is not always shown on the OS plan and any potential impact would be assessed by the officer in the site visit.
• Development would remove a valuable landscape buffer and amenity area.
Response: As noted above the application site offers a valuable landscape buffer with for the existing properties at both Kings and Queens Drive with established entrance features and provides a good set−back for development away from a well utilised link road to Dullatur. The site offers a valuable section of amenity space which can be utilised by the neighbouring residents and as such its removal is considered to have a detrimental impact on the amenity of the area.
• The development will give the appearance of merging with the neighbouring development across Dullatur Road.
Response: It is considered that application site forms a valuable buffer with the proposed housing zoned site on the other side of Dullatur Road and its development would give the appearance of the effective coalescence of both the existing and proposed development.
• The Council Planners have no input or concern for the local community and as such I object to yet another foolish planning decision by NLC.
Response: It is not accepted that the Council has no concern for the local community and it should be noted that the original application was refused by the Council given concerns relating to the detrimental impact on amenity of adjacent residents. As noted in the assessment above the Planning Department retains those concerns and has recommended refusal of the application. Furthermore it should be noted that the applicant is entitled to submit an amended planning application such as the one under assessment and in such circumstances it is incumbent on the Council to accept a valid planning application in accordance with the Planning Legislation.
• The proposed development contravenes the emerging Local Development Plan which designates the site as a Protected Area − on the Protect Plan − under the protecting assets and resources theme − as an area of green network assets.
Response: The concerns are noted and addressed in paragraph 8.15 above.
• The impact of the proposed development on Broadband exchange servicing the existing dwellings.
Response: It is not considered the impact of 11 additional dwellings would significantly alter broadband speeds of the existing dwellings. Any potential impact on broadband service is a matter for the telecommunications provider and not a material planning consideration.
• The garage for plot 2 appears beyond existing building line for Kings Drive impacting on sightlines and visibility splay and will overshadow adjacent front garden.
Response: Having consulted NLC Roads and Transportation they have no objections to the proposed development in terms of impact on sightlines or visibility splay and as noted above it is considered that the proposed dwellings and associated outbuildings are sufficient distance from neighbouring properties to ensure that there are no issues in relation to overshadowing.
9. Conclusions
9.1 Taking the above assessment into account, it is considered that this development fails to accord with the provisions of policy DSP 4 of the North Lanarkshire Local Plan. The development if approved would result in the removal of an area of amenity open space and a valuable landscape buffer for the existing housing development to the detriment of the character and amenity of the wider housing area. Notwithstanding the previous decision of the Reporter to not uphold these concerns in the dismissal of the previous appeal it is considered that its removal would result in an unacceptable adverse impact on established residential amenity of the area. Therefore, for the reasons detailed in the planning assessment above, it is recommended that planning permission be refused.