North Lanarkshire Council Planning Applications for consideration of Planning and Transportation Committee Committee Date : 17th December 2009 Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 17'h December 2009 Page Application No. Applicant DevelopmentlLocus Recommendation No 3 N/09/01 2 77/F U L Mr Kenneth Change of Use of Open Grant Thompson Space to Garden Ground with associated Boundary Fence 27 Gadloch Avenue Auchinloch Glasgow a N/09/01279/FUL Mr Kenneth Change of Use of Open Grant Thompson Space to Garden Ground with associated Boundary Fence 25 Gadloch View Auchinloch Glasgow 15 ClO91002671FUL Persimmon Homes Construction of 20 Semi Refuse West Scotland Ltd Detached and Detached Request for Site Dwellinghouses at Land At Visit and Hearing Earlston Crescent, Carnbroe, Coatbridge 28 SI0910 11 93lF UL Branna Industrial & Erection of a 60m High Wind Grant Electrical Services Monitoring Mast 11 Woodside, Eurocentral Holytown Application No: Proposed Development: N1091012771FUL Change of Use of Open Space to Garden Ground with associated Boundary Fence Site Address: 27 Gadloch Avenue Auchinloch Date Registered: 6th November 2009 Applicant: Agent: Mr Kenneth Thompson David Nelson 25 Gadloch View 22 Cowan Road Auchinloch Balloch G66 5NP Cumbernauld G68 9BX Application Level: Contrary to Development Plan: Local Application No Ward: Representations: 005 Strathkelvin No letters of representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey, Recommendation: Approve Subject to Conditions Reasoned Justification: The proposal complies with the adopted Northern Corridor Local Plan, 2005. It is considered that the proposal will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable. N Proposed Conditions:- 1. That the development hereby permitted shall be started within three years of the date of this permission. Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006. 2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number:- 41049 Reason: To clarify the drawing on which this approval of permission is founded. 3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Reason: To safeguard the residential amenity of the area. 4. That upon completion of the development any fences or walls approved under the terms of Condition 3 above will be erected in accordance with the approved details. Reason: To safeguard the residential amenity of the area. 5. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority. Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006. 6. That within 4 weeks of the development hereby permitted being brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority. Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control. Backaround Papers: Representation Letters None Consultation Responses: Memo from Head of Protective Services received on 27'h November 2009. Contact Information: Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 616394. Report Date: 1 st December 2009 APPLICATION NO. N1091012771FUL REPORT 1. Site Description 1.1 The application is for the change of use of an area of green open space to private garden ground within an established residential area at Gadloch Avenue, Auchinloch. The land is currently owned by North Lanarkshire Council who have agreed to sell it to the applicant if planning permission is granted for the proposed change of use. 1.2 The strip of land is located to the south of 27 Gadloch Avenue and is part of a larger area of public open space. The open space is surrounded by residential properties on Gadloch Avenue to the north, the grounds of Lenzie Golf Club to the west and green open space to the east and south. The land is also visible from a path that connects Gadloch Avenue to Gadloch View. The land is situated on a gentle downward gradient which slopes down to the north. 2. Proposed Development 2.1 The proposed development is for the change of use of an area of public open space, measuring approximately 180 square metres in area, to an area of enclosed private garden ground which will be part of the garden of 27 Gadloch Avenue. The newly created garden ground will be fully enclosed by a 1.8 metre high close boarded timber fence. 3. Site History 3.1 An application for an extension to 27 Gadloch Avenue (03/01373/FUL) was permitted on the 5'h November 2003. 3.2 An application for the demolition of 27 Gadloch Avenue and the reconstruction of the dwellinghouse (06/02006/FUL) was permitted on the 2"d February 2007. This redevelopment is currently ongoing. 4. Development Plan 4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies. 4.2 In the Northern Corridor Local Plan, 2005, the site lies within an area of established housing covered by Policy HG3 where developments should seek to protect the established character of housing areas and should be compatible with residential amenity. The land is adjacent to a strip of trees to the west that are covered by Policies ENV 16-17 (Tree Preservation Orders) upon which the proposed change of use will have no impact. 5. Consultations 5.1 Protective Services (Pollution Control): It is recommended that the applicant tests the land in question for pesticides although the risk is perceived to be low. 6. 6.1 Following the standard neighbour notification process no letters of representation were received. 7. Planning Assessment 7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 7.2 Develoment Plan N ortbern Corridor Local Plan 2005: Policy HG3 (Retention of Residential Amenity) applies in this case and states that proposals should not detract from local residential character and amenity. It is considered that the proposal is not detrimental to the amenity of the local area and its potential impact on nearby residential properties is deemed to be acceptable. The area of land would form a natural extension to the existing garden ground of the application property and adequate green open space would remain for public use. Therefore the site location and size make this development acceptable and in accordance with Policy HG3. 7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The zoning of the site does not change in this plan. The development is considered to comply with Policy HCF 1 A (Residential Amenity) in the Draft Plan in that it will not have an unacceptable impact on the residential amenity of the application site or the local area. 7.4 Loss of Public Open Space to Private Garden Ground: It is accepted that the proposed change of use will remove approximately 180 square metres of open space from the public realm, This is not considered to be problematic however as only a small proportion of the public space is being used for the change of use and a significant amount will remain available for public use. The enlargement of the garden ground to the side of this property is considered to be acceptable and will not look out of place once the land is enclosed by a fence. It is considered that the strip of land that is to be changed to private garden ground forms a natural continuation of the existing boundary line of the application property. The change in use will not result in an unreasonably large house plot in relation to neighbouring properties. It is also considered that the visual impact of the change of use will be acceptable and that it will not set an unacceptable precedent. I am satisfied therefore that the application site is not at odds with its surroundings, is of an acceptable scale and adequate public open space would remain. 7.5 Consultations: Protective Services (Pollution Control) have advised that the applicant tests the site for pesticides given that the land is currently Council owned public open space. This has been dealt with as an informative advising the applicant to contact the Pollution Control section for advice on how this should be conducted. a. Conclusions 8.1 It is considered that the proposal will not have an unacceptable impact on the amenity of the application site or the surrounding area nor will it have an unacceptable impact on local residents. It is accepted that the proposed change of use will remove approximately 180 square metres of open space from the public realm, however this represents only a small proportion of the open space available for public use. It is considered that the proposal will not set an undesirable precedent for similar developments in the future. 8.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. It is recommended that planning permission be granted for the change of use of open space to garden ground with associated boundary fencing at 27 Gadloch Avenue, Auchinloch. Application No: Proposed Development: N/09/01279/FUL Change of Use of Open Space to Garden Ground with associated Boundary Fence Site Address: 25 Gadloch View Auch in loch G66 5NS Date Registered: 6th November 2009 Applicant: Agent: Mr Kenneth Thompson David Nelson 25 Gadloch View Cowan Road Auchinloch Balloch G66 5NS Cumbernauld G68 9BX Application Level: Contrary to Development Plan: Local Application No Ward: Representations: 005 Strathkelvin No letter of representation received.