Norfh Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 31'' March 2009

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE 3IstMarch 2009

Page Application No. Applicant DevelopmenWLocus Recommendation No 5 N/08/00707/FUL Aspen Solutions Construction of Offices and Grant (P) Associated Car Parking Site To The South Of 21A Road Lenziemill Cumbe rnauld

13 N/08/01461/FUL A G Barr Plc Construction of a Wind Grant Turbine (Hub Height 80m, Blade Diameter 92.5m, Total Tip Height 126.25m) A G Barr Westfield House 4 Mollins Road Westfield

26 N/09/00137/FUL Darussalam Temporary Use of Part of Grant Dwellinghouse for Religious Request for Instruction for a Period of Site Visit Two Years and Formation of and Hearing a Rear Parking Area 75 Cumbernauld Road

35 N/09/00171/FUL Sanctuary Residential Development (31 Grant Housing Association Flats and 1 Shop) 4A-4G & 5A-5Z Fleming Road Cumbernauld

42 N/09/00177/FUL Mr F Lynch Change of Use to Taxi Grant Business (24 Hours per Day) (In Retrospect) 136A Cumbernauld Road Muirhead

48 C/08/0089O/FUL T & B Wilson Conversion of Existing Grant Farmhouse Steading & Barn to Form 7 Dwellinghouses at Garnqueen Farm, Main Street,

57 C/08/00973/FUL K2 Properties & Construction of 6 Flats and 3 Grant Developers Ltd Shops (Two Hot Food Takeaway & One Class 1 Retail Unit) at 31 Main Street Glenboig 65 C/08/01163/FUL Boots The Chemist Installation of Condenser Grant Units to Rear of Building at 44 Woodside Street,

70 C/09/00044/FUL Network Rail Construction of Railway Grant Station, Car Park and Request for Site Associated Works at, Visit Railway Station Station Road, Caldercruix

81 C109/00053/FUL Mr & Mrs Charters Proposed Stable Grant Development Comprising Request for Site Erection of Three Stable Visit Blocks and Erection of Temporary Log Cabin Containing Manager's Living Accommodation and Office along with the Formation of Access Road, Car Parking, Horse Riding Areas at Land To The East Of Milncroft Farm Millcroft Road, Cumbernauld

93 C/09/00146/FUL Springcafe Ltd Change of Use of Retail Unit Grant to Hot Food Takeaway/Caf& at 86 Main Street, Coatbridge

99 C/09/00199/FUL Persimmon Homes Construction of 23 Refuse (P) West Scotland Ltd Dwellinghouses at Land at Ayr Drive, Airdrie

109 S/08/00912/AMD Ltd Deletion of Condition 16 of Grant Planning Permission S/O1/00758/0UT, Relating to the Restriction of the Net Comparison Retail Area in the Proposed Town Centre to 32, 275 Square Metres Ravenscraig,

124 S/08/01755/FUL Peter Hughes Siting of Four Containers Refuse 106 Old Edinburgh Road Uddingston

130 S/08/01756/OUT Peter Hughes Residential Development in Refuse Outline Site Adjacent To Aarron House, Old Edinburgh Road, Uddingston 136 S/08/01759/FUL Scottish Prison Demolition of Prison, Grant Service Including Security Walling and Fencing and Erection of New Prison Including GatesNisits Building, Facilities Building, House Blocks, Regimes Building, Segregation Unit, Linked Walkways, Car Parking, New Perimeter Security Wall and Internal Security Fences and Associated Roadworksand Landscaping Prison, Newmill and Canthill Road, Shotts

146 S/09/00073/FUL Mr & Mrs Stuart Erection of Replacement Grant C hid ley Dwellinghouse East Belmont, Horsley Brae, Overtown

152 S/09/00152/FUL Mr & Mrs Townsley Erection of Replacement Grant Dwellinghouse (Single Storey with Roof Accommodation) Old Mill Cottage, Old Mill Road, Shotts

(P) N/08/00707/FUL - If granted, refer to Scottish Ministers, (Open Space; the Council has a financial interest in the land and the proposal is contrary to the Development Plan) C/09/00199/FUL - If granted, refer to Scottish Ministers (Contrary to Development Plan and Open Space). Application No: N108100707lFU L

Date Registered: 15th May 2008 Applicant: Aspen Solutions 2 Napier Way Cumbernauld

Agent Hypostyle Architects 49 St Vincent Crescent Glasgow G3 8NG

Development: Construction of Office Development and Associated Car Parking

Location: Site To The South Of 21A Lenziemill Road Lenziemill Cumbernauld G67 2RL

Ward: 4- , And The Village Councillors: Grant, lrvine & Johnston Grid Reference: 275704673115 File Reference: N/08/00707/FUL Site History:

Development Plan: The site is identified as Significant Open Space (Policy EN25) in the Cumbernauld Local Plan, 1993 Contrary to Development Plan: Yes

Consultations: West Of Scotland Archaeology Service (No Objection) Scottish Water (No Objection) Scottish Natural Heritage (Commen ts)

Representations: 6 letters of representation received.

Newspaper Advertisement: Advertised on 4th June 2008

Recommendation:Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That the permission hereby granted shall relate to the use of the premises solely for a use included within Class 4 (Business) of the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To define the permission.

3. That there shall be no storage of materials outwith the buildings and approved storage plant unless with the prior written approval of the Planning Authority.

Reason: In the interests of the amenity of the site and the general area by ensuring that there is no potentially unattractive outdoor storage of materials.

4. 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 walls and fences are appropriate for the site and the general area.

5. That before the development hereby permitted commences, a scheme of landscaping, including a more substantial green buffer / boundary treatment between the development and the adjacent SlNC site shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.

6. That within one year of the occupation of the business (office) units hereby permitted all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.

7. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed footpaths (b) the proposed parking areas (c) the proposed external lighting (d) the proposed grassed, planted and landscaped areas (e) the proposed fences to be erected along the boundaries (f) the proposed SUDS drainage apparatus

Reason: In the interests of amenity by ensuring that procedures are in place for the ongoing maintenance of the site.

8. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 7, shall be in operation.

Reason: In the interest of the amenity of the site and the general area 9. That prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and approved by the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA). If the area of ground illustrated on the approved plan for the notional SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within 3 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 ClRlA Manual and the approved plans.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

11. That before the development hereby permitted starts the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage and infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements.

12. That, in relation to the access road, detailed plans shall be submitted showing road widening and a right hand storage facility in accordance with the requirements of the roads construction consent; thereafter the office shall not be brought into use until the approved road works have been constructed.

Reason: In the interests of traffic safety.

13. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: L(O)100, L(O)101 and L(0)003.

Reason: To clarify the drawings on which this approval of permission is founded.

NOTES TO COMMITTEE:

If approved this application requires to be referred to the Scottish Ministers in accordance with Circular 512007 as development which would result in the loss of an area identified in the Local Plan as Open Space

If approved this application requires to be referred to the Scottish Ministers in accordance with Circular 512007 as development where the Local Authority has a financial interest.

Because of the council’s financial interest in this site, objectors are afforded an opportunity for further comment on the reasons the council is minded to grant planning permission. This may result in a further short report to committee. Background Papers:

Application form and plans received 8th May 2008

Letter from West of Scotland Archaeology Service received 18th June 2008 Letter from Scottish Water received 23rd June 2008 Letter from Scottish Natural Heritage received 12th September 2008

Memo from Traffic & Transportation (Northern Area) received 12th June 2008 Memo from Conservation and Greening received 20th October 2008

Letter from Mrs C McKenzie, 22 Locksley Avenue, , Cumbernauld, G67 4EN received 20th June 2008. Letter from Mrs K A Clarke, 6 Rosemount, , Cumbernauld, G67 2RL received 21st May 2008. Letter from Mr John Kilbride, 10 Locksley Avenue, Greenfaulds, Cumbernauld, G68 9DW received 25th June 2008. Letter from Mrs Geraldine Carroll, 17 Locksley Avenue, Greenfaulds, Cumbernauld, G67 4EN received 27th June 2008. Letter from Thelma Smith, 20 Locksley Avenue, Greenfaulds, Cumbernauld, G67 4EN received 27th June 2008. Letter from Mrs Margaret McManus, 29 Locksley Avenue, Greenfaulds, Cumbernauld, G67 4EN received 23rd June 2008.

Cumbernauld Local Plan 1993 Finalised Draft Local Plan

Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.

Date: lgthMarch 2009 APPLICATION NO. N1081007071FUL

REPORT

1. Description of Site and Proposal

1.1 The application is for the construction of an office development on a 1.8 acre Greenfield site off Lenziemill Road, Cumbernauld. The proposal is to build a two storey office building, approximately 1,995 square metres in area. The building would be 10 metres in height.

1.2 The site is currently open land with the river corridor to the east. Beyond some intervening amenity grassland to the south of the site is a designated Site of Interest for Nature Conservation (SINC), Wood Nature Reserve. To the north are existing factory units within Lenziemill Industrial Estate and to the north I west, on the opposite side of Lenziemill Road lies Greenfaulds Railway Station park and ride car park.

2. Development Plan

2.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

2.2 The site is covered by Policy EN26 (s ignificant area of open space: limited development allowed) in the Cumbernauld Local Plan, 1993. This policy presumes against development in open space except where the development provides for outdoor recreation, nature conservation or landscape protection. The proposal was advertised as being potentially contrary to policy EN26.

2.3 The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and Representations

3.1 Summaries of external consultation responses received are as follows.

0 Scottish Water: No objections. 0 West of Scotland Archaeology: No objections. 0 Scottish Natural Heritage: Comments recommending that the findings of the protected species survey are formalised through planning conditions

3.2 My Traffic and Transportation Team Leader has no objections, however detailed drawings would be required regarding the road widening and right turn storage.

3.3 My Conservation and Greening Manager has recommended a series of best practice measures and comments which have been passed on to the applicant.

3.4 Six letters of objection were received from local residents and the points of objections are summarised below.

0 The construction would destroy valuable green land adjacent to Luggiebank, having a detrimental impact on wildlife in the adjacent wildlife reserve run by the Scottish Wildlife Trust and would affect species including badgers and grey heron. Comments: The submitted protected species survey has advised that the development site itself does not contain any protected species and conditions have been imposed requiring increased screening along the boundaries to create a substantial green buffer between the development and the SINC site. Furthermore, there is an area of intervening amenity grassland between the boundary of the development site and the edge of the designated SINC.

0 Open space has already been lost in this area to the car park. The site is designated open space in Cumbernauld Local Plan, 1993 and is used by the local community for recreation and dog walking.

Commenfs: It is accepted that the development would result in the loss of an area of amenity grassland, however some open space and established pathways shown on the proposed core path network through Luggiebank Wood Nature Reserve and along the Luggie to the west would remain.

0 There are empty buildings in Cumbernauld which could house office development, many in the immediate locality, a Brownfield site would be more appropriate.

Comments: Each planning application is decided on its own merits and although on a Greenfield site, it is felt that this office development on the periphery of an established industrial estate and adjacent to a railway station is acceptable.

0 Access and egress into the site would only add to the already congested traffic, indeed yellow lines would have to be breached to allow formation of an entrance.

Comments: The proposed access to the site is acceptable to my Traffic and Transportation Team Leader and it is not considered that the development would cause any significant problems.

0 There is no justification for the amount of car parking spaces due to the proximity of the Greenfaulds railways station car park which is currently underused.

Comments: There is a requirement for all office or industrial developments to provide dedicated parking for staff. The Greenfaulds car park is a public car park for commuter use which may reach its intended capacity in the future.

The development would increase the current extent of the industrial units on Lenziemill Road westwards.

Comments: It is accepted that the site is not currently within the designated Lenziemill Industrial Estate. It is considered, however, that given the railway station, the car park development directly opposite and existing road infrastructure that this site is suitable for an office development.

0 Existing factories in Lenziemill do not take responsibility to clear shrubs and keep pathways clear and this area could become the same.

Comments: The planning conditions require a management and maintenance scheme to be submitted in relation to the ongoing maintenance of the site. Pathways outwith the site are a separate issue and are not directly impacted by the proposed development. 4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 The application is not of strategic significance and as such only requires to be assessed against the local plan. The relevant policy within the Cumbernauld Local Plan, 1993 is Significant Open Space Policy EN26. This policy presumes against development in open space except where the development provides for outdoor recreation, nature conservation or landscape protection. Although the proposal conflicts with this policy (and has been advertised as such) it is considered to be generally acceptable for reasons detailed below in paragraph 4.4.

4.3 It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing and there being no objections to the policy covering the application site. The application site is covered by emerging local plan policy HCF 1B (Protecting Community Facilities) which protects the amenity space 'community facility' of the area. Although the development conflicts with the aims of this policy, in that some of the amenity land would be lost, the development would be acceptable for the following reasons. 4.4 The physical characteristics of the site have been altered by recent development. The site is directly opposite Greenfaulds railway station, the recently constructed park and ride car park and the new section of Lenziemill Road on the periphery of Lenziemill Industrial Estate. There is existing road and rail infrastructure serving the site to allow for travel by road and by public transport. This makes the location very sustainable in terms of travel patterns. The SUDS pond serving the railway station car park forms a physical boundary. Therefore the site is demarcated by recent development to the north, the associated drainage pond to the west, a zoned industrial area to the east and beyond intervening land, the designated SINC to the south.

4.5 A recommended condition requires that additional SUDS compliant drainage information be provided. A Protected Species Survey has been submitted, confirming that there are no protected species on the application site. There is an area of intervening amenity grassland between the edge of the development site and the SINC, therefore it is not considered that the development will significantly adversely affect the protected area. My Conservation and Greening Manager has made various recommendations in relation to protection of wildlife and screening of the site from the nearby SINC. Conditions have been imposed to ensure the clear demarcation of the site boundary and sufficient planting to screen the development. It is considered that the works will not have a detrimental impact on the nature conservation value of the area as the site is currently only amenity grassland.

4.6 In conclusion, notwithstanding the objections and the development plan, the proposal is considered to be an acceptable departure from the plan because the site offers the opportunity for sustainable travel to work and is clearly demarked on all sides by either complementary development or protected land. I therefore recommend that planning permission be granted for the construction of an office development on this site.

4.7 Should Committee decide to grant planning permission then the application will require to be referred to the Scottish Ministers in accordance with Circular 92007 as development which would result in the loss of an area identified in the Local Plan as Open Space as a site where the council has a financial interest and is contrary to the Local Plan. as a development which is contrary to the Local Plan

4.8 Should Committee decide to grant planning permission the objectors will be notified of the provisional decision to allow any further comment. This may result in a short report back to committee before the application is referred. Application No: N/08/01461/FUL

Date Registered: 13th October 2008

Applicant: A G Barr Plc Westfield Industrial Estate Cumbernau Id G68 9HD

Agent RD Energy Solutions SAC Bush Estate Edinburgh EH26 OPH

Development: Construction of a Wind Turbine (Hub Height 80m, Blade Diameter 92.5m, Total Tip Height 126.25m)

Location: A G Barr Westfield House 4 Mollins Road Westfield Cumbernauld G68 9HD

Ward: 2 - Cumbernauld North: Councillors Chadha, McCulloch, Murray and O'Brien Grid Reference: 271488 672544

File Reference: N/08/01461/FUL

Site History: N/05/00225/FUL Construction of Storage Facility and Distribution Centre; Granted 13'h April 2005 0 N/06/00466/FUL Refurbishment and Extension of Existing Office Building and Extension to Car Park; Granted 23'' March 2006 N/07/01902/FUL Erection of a 50m High Wind Monitoring Mast; Granted 28th November 2007

Development Plan: The site is covered by Industrial and Business policies (IBI, 2, 4 and 7) in the Cumbernauld Local Plan 1993.

Contrary to Development Plan: No I Consultations: Royal Soc. for the Protection of Birds (No Objection) Historic Scotland (No Objection) West Of Scotland Archaeology Service (No Objection) Scottish Natural Heritage (Comments) Transport Scotland (No Objections) Ministry of Defence Estates (No Objection) Scottish Water (Objection) National Air Traffic Services (No Objection) BAA (Objection) Civil Aviation Authority (Comments) Cumbernauld Airport Ltd (No Objection)

Representations: I letter of representation received.

Newspaper Advertisement: Advertised on 22nd October 2008

Recommendation: Approve Subject to the Following Conditions:-

1. That this planning permission is for a period from the date of this permission until 25 years from the date of the commissioning of the development. Written confirmation of the date of the commissioning of the development shall be provided to the Planning Authority within 1 month of the commissioning of the development, and the date of commissioning of the development shall be no later than 5 years from the date of this planning permission. (Note: The definition of "commissioning" is the date on which the wind turbine generator first supplies electricity on a commercial basis.)

Reason: To define the permission, to ensure that the Planning Authority can retain effective control and in accordance with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That no works shall commence on site until it has been formally agreed in writing by North Lanarkshire Council as Planning Authority, in consultation with appropriate aviation bodies, that the proposed wind turbine does not adversely affect aircraft safety through introducing an unacceptable degree of radar visibility either in isolation or as part of an accumulation of wind turbines.

Reason: In the interests of aircraft safety by ensuring that appropriate measures are put in place to ensure that there is no unacceptable level of radar visibility.

3. That no works shall commence on site until it has been formally agreed in writing by North Lanarkshire Council as Planning Authority, in consultation with appropriate bodies, that the proposed wind turbine does not unacceptably interfere with local telecommunication signals.

Reason: To ensure that local telecommunication signals are not unacceptably adversely affected.

4. That the operators shall at all times deal with the areas forming the subject of this consent in accordance with the application form, plans as stamped approved, and other supporting information, including the Environmental Supporting Document, except as amended by the terms of the approval hereby given and shall omit no part of the approved operations and shall not amend the development without the prior written consent of the Planning Authority.

Reason: For clarity and in order that the Planning Authority can retain effective control 5. That electricity generated by the proposed wind turbine shall primarily be for use at the associated A G Barr site and only excess generated electricity shall be exported onto the national grid.

Reason: In order to ensure that the sustainability benefits of the proposed wind turbine are maximised.

6. That before any works commence on site, amended plans showing a minor relocation of the wind turbine such that no part of the blades shall overhang the public road (or such other scheme as may be acceptable in writing to the Planning Authority) shall be submitted to, and approved in writing, by the Planning Authority; thereafter the wind turbine shall be located in accordance with the approved plan.

Reason: In order to reduce distraction to road users.

7. That before any works commence on site, details of measures to overcome potential icing problems on the turbine and blades shall be submitted to, and approved in writing, by the Planning Authority; thereafter the approved measures shall be brought into operation and shall continue throughout the operation of the wind turbine except as may be modified in writing by the Planning Authority.

Reason: In order to overcome potential danger from particles of ice falling from the wind turbine.

8. That before any works commence on site, details of measures to overcome potential shadow flicker problems at Newlands Farm shall be submitted to, and approved in writing, by the Planning Authority; thereafter the approved measures shall be brought into operation and shall continue throughout the operation of the wind turbine except as may be modified in writing by the Planning Authority.

Reason: In order to overcome potential nuisance at Newlands Farm through shadow flicker

9. That within three months of the approved wind turbine coming into operation a report covering the effect of the wind turbine on local television reception shall be submitted to and approved in writing, by the Planning Authority; thereafter any approved measures for overcoming television reception interference shall be brought into operation within the agreed timescale.

Reason: In order to overcome any television reception interference caused by the wind turbine

10 That before any works commence on site, full details of the facing materials to be used on the turbine and blades and shall be submitted to, and approved in writing, by the Planning Authority.

Reason: For the avoidance of doubt.

11. That no later than 3 years prior to the decommissioning of the development, a detailed restoration scheme shall be submitted to, and approved in writing by, the Planning Authority.

Reason: For the avoidance of doubt and to ensure that the site is restored to a condition appropriate to the premises and general area.

12. That within 12 months prior to the end of the period of this consent as detailed in condition 1, the wind turbine shall be dismantled and removed from the site and the land shall be restored in accordance with the restoration scheme referred to in condition 11 above.

Reason: In the interests of the amenity of the site and the general area. Background Papers:

Application form and plans received 13th October 2008

Letter from Royal Soc. for the Protection of Birds received 14th November 2008 Letter from Historic Scotland received 7th November 2008 Letter from West Of Scotland Archaeology Service received 12th November 2008 Letter from Scottish Natural Heritage received 16th January 2009 Letter from Ministry of Defence Estates received 7th November 2008 Letter from Scottish Water received 27th October 2008 Letter from Ofcom received 23rd October 2008 Letter from National Air Traffic Services (Safeguarding) received 16th February 2009 Letter from BAA received 29th October 2008 Letter from Civil Aviation Authority received 20th October 2008 Letter from Cumbernauld Airport Ltd received 23rd October 2008 Letter from Transport Scotland received 21st November 2008

Letter from Mr John Stewart, 26 Woodhead Grove, Westfield, Cumbernauld, G68 9DE received 28th October 2008.

Glasgow and Clyde Valley Structure Plan 2000 (incorporating the third alteration 2006) Cumbernauld Local Plan 1993 Finalised Draft North Lanarkshire Local Plan

Scottish Planning Policy 6 “Renewable Energy Developments” Planning Advice Note 45 “Renewable Energy Technologies”

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616466.

Date: 1gth March 2009 APPLICATION NO. N/08/01461/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for a single wind turbine at the north east corner of the A G Barr Ltd site at Westfield House, 4 Mollins Road, Westfield, Cumbernauld. The proposed wind turbine has a hub height of 80m and a blade diameter of 92.5 m thus giving a total height of 126.25m. NO external buildings or plant are proposed in connection with the wind turbine with associated apparatus to be housed within existing buildings.

1.2 The location of the proposed wind turbine is currently hard standing used for trailer parking within the perimeter of the bottling and distribution plant.

1.3 The application is supported by an Environmental Supporting Document covering development details, planning and environmental policies, landscape and visual impacts, ecology, shadow flicker, noise, telecommunications, aviation, public safety and other issues. This is backed by photographic visualisations of the proposed wind turbine (in conjunction with other existing and proposed turbines) from a variety of locations.

2. Development Plan

2.1 The proposal is not deemed to be strategically significant as the trigger level of wind farm significance specified in the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the third alteration 2006) is 20MW whereas the proposed wind turbine has an output of 2MW. The proposal therefore requires to be assessed against the local plan which is the Cumbernauld Local Plan 1993.

2.2 Under the Cumbernauld Local Plan 1993 the site is covered by Industrial and Business policies IBI (existing industrial and business area), I62 (strategically significant industrial and business location), IB4 (high standard of design and landscaping) and 187 (noting of existing permissions).

2.3 Under the Finalised Draft North Lanarkshire Local Plan the site is covered by an Industrial and Business Area policy. There is a separate policy giving support in specific circumstances for wind turbines and wind farms.

2.4 The Finalised Draft North Lanarkshire Local Plan and national guidance on renewable energy and wind farms are material considerations which are taken into account in Section 4 below. The local plan is further examined in paragraph 4.2 below.

3. Consultations and Remesentations

3.1 Summaries of external consultations received are as follows:

BAA on behalf of Glasgow Airport Ltd: An objection is lodged as the turbine would be visible to the radars utilised by Glasgow Airport. British Telecom: There should be no adverse affect on BT's current and planned radio networks. Civil Aviation Authority: It is important that the operators of Glasgow and Cumbernauld Airports, the Ministry of Defence and National Air Traffic Control are consulted on the application and that any concerns expressed are taken into account. Cumbernauld Airport Ltd: There will be no impact on the operations at Cumbernauld Airport. Historic Scotland: No comments as there are no scheduled ancient monuments, listed buildings or gardens and designed landscapes affected by the proposal. Ministry of Defence: No objection. National Air Traffic Safeguarding: Although the proposed development is likely to impact on our electronic infrastructure there is no safeguarding objection to the proposal. Office of Communications: Information is provided on telecommunication fixed links and other telecommunication links that are or may be affected by the proposed wind turbine. Orange Communications: No objections. Royal Society for the Protection of Birds: No comments. Scottish Water: An objection is lodged as the proposal may cause interference to an existing Scottish Water radio link and the proposed solution will introduce a detrimental level of technical, strategic and commercial complexity. Scottish Natural Heritage: There are weaknesses in the submitted information. Due to a combination of the height of the wind turbine and the openness of the landscape the turbine will have a high visual impact on local settlements and will be visible to more distant settlements. There will be an extensive spread of visibility over valued landscapes, cultural sites and popular recreational areas. This includes the Hills, key parts of the Antonine Wall World Heritage Site and Cumbernauld House Park. The site is within a “Rolling Farmlands” landscape classification where tall structures are generally discouraged. The introduction of the wind turbine into this landscape will have adverse strategic implications. The proposed wind turbine will have a disproportionate impact visually and on the landscape character. Transport Scotland: No objections subject to conditions concerning trunk road routing and traffic control with respect to delivery of components. West of Scotland Archaeology Service: The proposal will not affect the site of a nearby historic farmstead. The Environmental Supporting Document conclusion that there will be no significant adverse affect on the Antonine Wall World Heritage Site is accepted.

3.2 Summaries of internal consultations received are as follows:

Head of Protective Services: Comments are provided on the need for a site investigation and limitation of work hours. The Noise Assessment conclusion that there will be no noise nuisance is accepted. My Traffic and Transportation Team Leader has no objections. He requests that the wind turbine be positioned within the site such that the blade does not overhang the road.

3.3 One letter of objection has been submitted with the following point being raised.

The wind turbine will tower over Westfield and Cumbernauld and there may be noise nuisance.

Comments: This will be an extremely high structure which will have a marked affect on the local skyline. This is a key point of consideration and is covered in Section 4 below. The submitted technical data indicates that there should be no noise nuisance and this is accepted by the Head of Protective Services. 4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 Local Plan: Under the Cumbernauld Local Plan 1993 the site is covered by Industrial and Business policies (IBI, 2, 4 and 7).

Policy 161: The site is within a defined Industrial Area where there is a presumption in favour of industrial and business development. As the proposed wind turbine contributes to the energy needs of the AG Barr plant it is considered that the proposal complies with this policy.

Policy 162: The Westfield Area is identified as a strategically significant industrial and business location which should be safeguarded from non industrial and inappropriate uses. The wind turbine is directly related to the energy needs of the strategically significant industrial development of AG Barr Ltd and, as such, complies with this policy.

Policy 164: Within strategically significant industrial areas a high standard of building design and landscaping will be encouraged. The proposed wind turbine will a striking and prominent physical feature and is considered to comply with this policy.

Policy 167: Identified sites that have industrial/ business planning permissions. This policy has no direct relevance to the proposed wind turbine.

4.3 There are no Cumbernauld Local Plan policies which have a direct bearing on wind turbines in general. Accordingly, the Cumbernauld Local Plan is of only limited value in considering the acceptability or otherwise of the proposed wind turbine. Planning consideration of the proposal is, therefore, mainly based on the following material considerations.

4.4 Finalised Draft North Lanarkshire Local Plan: It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing.

4.5 The application site is covered by emerging local plan policy EDI 1 (Protecting Economic Development and Infrastructure Assets) which identifies the area as a Strategic and Industrial and Business Location and which presumes against development which is inconsistent with the industrial and business character of the area. The proposed development is considered to be consistent with this policy as it supports an existing strategic industrial development.

4.6 Policy EDI 3 (Assessing Economic Development and Infrastructure Proposals) is also relevant. This states that ....The Council supports in principle recycling centres, all forms of renewable energy generation and telecommunications, subject to:. . , Wind Farms.. . criteria in SPG, addressing issues of scale, cumulative... impact, community benefit and restoration.

The application site is outwith the “Broad Area of Search” for large single turbines identified in the Landscape Capacity Study for wind turbines and wind farms which supports the draft local plan. The wind turbine will, however, have significant sustainability advantages which will produce general community benefits. It is considered, on balance, that the sustainability advantages outweigh the effect that a large single wind turbine will have on the landscape character of the area and, as such, the proposal complies with this policy.

4.7 National Policies: Relevant national policies and advice covers general planning priorities, renewable energy and renewable energy technologies. 4.8 Scottish Planning Policy: The Scottish Planning Policy overview replaces the previous SPPl and provides an overview of the land use planning system in Scotland. It sets out the key core principles including the following:

0 There should be a clear focus on the quality of outcomes, with due attention given to considerations of the sustainable use of land, good design and the protection and enhancement of the built and natural environment.

4.9 The proposed wind turbine project meets the above sustainability objective although there is a clear tension with the need to protect and enhance the natural environment. It is considered that, on balance, the proposal meets the general principles being advocated by this expression of national policy.

4.10 SPP6: Renewable Energy Developments: SPP6 covers the Scottish Government's commitment to increasing the amount of renewable energy used in Scotland and gives policy guidance on the design and siting of renewable energy developments, and identifies issues for consideration. The document is supported by a Planning Advice Note, PAN 45 which states:

The siting, layout and design of wind farms will be conditioned by a number of technical, practical, economic and environmental considerations which seek to balance factors such as wind capture, turbulence, access and power line linkage with the impact on heritage resources and local communities. The characteristics associated with wind farms raise a number of issues that require to be considered, and where appropriate, addressed. These include visual impact, cumulative effect, ecology, aviation safety, noise and shadow flicker.

4.11 It is noted that this guidance has been used in the provision of information concerning the proposed wind turbine. These matters are evaluated in this report.

4.12 Sustainability Benefits: It is stated in supporting documents that the proposed wind turbine will have the following sustainability benefits to the applicants and to the wider community.

4.13 Reduce Energy Costs: The development of a wind turbine on the A.G.Barr site will lead to a significant reduction in the consumption of grid-derived electricity. The proposed 2 MW turbine is expected to generate the equivalent of 60 % of the site's total annual energy demand with the majority of this generation being utilised directly on-site. This will have a considerable impact on the annual energy costs of the site. As an existing high energy user that is looking to expand further it is clearly important that the site is able to continue to be a viable concern. The development of a wind turbine will reduce the site's exposure to the current and future high energy prices.

4.14 Improve Environmental Performance: It is stated by the applicants that it is now generally accepted that there is an important requirement to reduce the emission of harmful Greenhouse Gases (GHG's) - specifically carbon dioxide (CO,) - in order to mitigate the worst impacts of human-induced Global climate change. To this end there are Global and National targets in place that address this requirement for a change in practice.

4.15 A.G.Barr state that they are committed to significantly reducing their operations-related carbon emissions as part of their ongoing Corporate Social Responsibility programme and as a best practice measure for sustainable business. From September 2007 to October 2008 the A.G.Barr Cumbernauld site consumed 10,200 MWh of electricity, 8,015 MWh of mains gas and 1,070 MWh of LPG in its core operations including production, packaging, warehousing and some distribution. The installation of the proposed 2 MW wind development would generate in the region of 6,200 MWh per annum with 70-75% being consumed directly on site. If the site's electricity consumption stayed constant this would directly and indirectly offset the emission of almost 2,800 tonnes of carbon dioxide in every year of operation. The impact of the proposed wind turbine's operation on CO2 emissions would result in a reduction of almost 37% being achieved from this one measure. This, it is stated, would be a significant achievement for the site and would be a strong step in helping meet regional and national emissions reduction targets.

4.16 It is considered that the sustainability benefits of the proposed wind turbine to a major and prestigious local employer and to the wider community is a significant advantage which must be carefully weighed against other potential disadvantages of the proposal.

4.17 Landscape and Visual Impacts: The proposed wind turbine is a major structure which will dominate the skyline of Cumbernauld and of more distant areas. For comparison it should be noted that the existing AG Barr Ltd central warehouse building, which is the highest building in the Westfield area, is 35m high whereas the proposed turbine is over 126m high.

4.18 Landscape and visual impacts have been examined by the applicants through noting the local landscape character and assessing the impact of the turbine on key receptors, including settlements, transport routes, built heritage sites and natural heritage sites at distances of up to 35 km. This assessment covers both the proposed individual structure and its impact as part of an accumulation of existing and proposed wind turbines. The assessment is backed by photomontages from a variety of viewpoints.

4.19 The applicants have made the following key points concerning visual impact: The baseline landscape and visual assessment has shown that the predominant urban land use has already had a significant impact on the visual amenity of the area. The residential dwellings closest to the site may experience significant views of the turbine but the extent of any loss in visual amenity should be partially offset through the existing presence of significant intrusive elements within the landscape. The higher value vistas to the west (in the case of the Barbeth area) and to the north towards the Campsie Fells are maintained. With regard to the larger settlements within this area the expected individual visual impact of the development is considered to be low to high. is considered to be the settlement where there are the greatest visual impacts but views of the turbine are limited to areas of higher terrain and will most often be viewed from within an urban setting. For viewpoints greater than 5km from the site views of the turbine are often partially or completely screened and this will be the case as the turbine becomes a smaller structure in the horizon. The impact on high visual amenity views and designed landscapes within the region is considered to be minimal due to the rolling terrain screening the visibility of the development from many of these sites and in several cases this led to alternative sites being chosen for viewpoint assessment. The view of the turbine from the Campsie Fells is the high amenity landscape with the greatest visual impact. However from likely viewpoints at height the viewer is looking down into the developed central belt. With regard to the cumulative impact of this turbine and other wind developments, the greatest cumulative impact was seen to be the successive visibility of the A.G.Barr turbine and the Greendykeside and developments which are operational and consented respectively. These cumulative views are limited for many of the areas where individual visual impacts are high. Within the majority of settlements there is also considered to be significant screening of cumulative impacts, with Blackwood being the main exception. At this point cumulative visual impacts are an issue but the single turbine nature of the proposed development and the distances to other developments are all factors that mean their combined impact at this site is not considered to lead to an additional sense of being enclosed by wind developments. The greatest cumulative impacts are seen to the south east of Cumbernauld and in these cases the individual impact of the A.G.Barr development is less of an issue. Therefore the cumulative landscape and visual impacts of the development are considered to be within acceptable limits. a The majority of roads within the immediate area are utilised for access and there are not considered to be individual visual impacts on roads and routes that are popular for tourists or for their landscape value. The surrounding areas are classed as landscape character types ‘rolling farmland’ and ‘urban’ and these are generally considered to be relatively closed landscapes. However, it is considered that the landscape surrounding the A.G.Barr development is not as small as originally thought and is therefore able to accommodate and absorb a single large scale wind turbine development of this scale. Much of this is due to the existing large structures that are already within this landscape.

4.20 Notwithstanding the above it is considered that the size of the proposed wind turbine will mean that it will have a major effect on the local landscape and will dominate local views. In particular it is noted from submitted data that there will be full or substantial views of the turbine from all or parts of Cumbernauld, Croy, Moodiesburn, Kirkintilloch, Kilsyth, Lenzie, Stepps, Coatbridge, Torrance and Milton of Campsie (amongst other settlements). The wind turbine will also be visible in full or part from parts of the Antonine Wall World Heritage Site, Cumbernauld House Park, Drumpellier Park, Palacerigg Park, , Callendar House and from the Kilsyth Hills (amongst other heritage and popular sites).

4.21 It is noted that Scottish Natural Heritage are concerned at the impact of the wind turbine on the local landscape and on key areas, particularly the Kilsyth Hills and the Antonine Wall World Heritage Site. As part of the consideration of SNH’s comments and the general issue of visibility discussions took place with the applicants concerning smaller turbines. It was noted, however, that a smaller single turbine still had a marked visual effect but generated significantly less electricity, thus reducing its sustainability value. Two smaller turbines generating the same 2MW as the proposed turbine were considered to have a greater visual impact than the single turbine.

4.22 It is considered that there will be sharply divided views on the desirability or otherwise of the visual domination of the turbine. It will either be regarded as having a detrimental affect on the local skyline or it will be seen as a bold and prominent feature which announces Cumbernauld’s strategic business and sustainability credentials.

4.23 Aviation Safety: The proposed turbine will be visible on air control radars and as such has the potential to be mistaken for an aeroplane and cause confusion and potential aviation danger. This matter has been carefully considered by National Air Traffic (Safeguarding), the Ministry of Defence and the operators of Cumbernauld Airport and they have concluded that they do not object to the proposal. There is, however, an objection on behalf of Glasgow Airport operators as the turbine will appear on the edge of their operational area.

4.24 The applicants consider that there are technical solutions which can overcome the radar problem within an acceptable timescale. These solutions are, however, expensive and would only be implemented with the backing of a permission. To this extent it is proposed that should planning permission be granted there be a planning condition requiring that no works start until it has been confirmed by the Council, in consultation with aviation authorities, that the radar issue has been satisfactorily resolved.

4.25 Noise: A Noise Assessment has been submitted which considers potential noise at the nearest sensitive receptor, Newlands Farm, against recommended limits in PAN 45 “Renewable Energy Technologies”. It is concluded that there will be no noise nuisance. This Assessment has been accepted by the Head of Protective Services.

4.26 Shadow Flicker: Under certain combinations of geographical position, time of day and time of year, the sun may pass behind a turbine rotor and cast a shadow over neighbouring properties. When the blades rotate and create a shadow for short periods; the effect is known as shadow flicker and is considered an issue when the flickering shadow lands on a narrow opening, such as a neighbouring property's window. The main cause for concern, other than the potential annoyance of homeowners, is the provocation of headaches and/or epileptic fits when the flicker frequency is sufficiently high.

4.27 The applicants have assessed that three windows on Newlands Farm may be affected by shadow flicker for limited periods. The solution put forward is for photocells on the turbine to calculate appropriate conditions for shadow flicker on the windows and for the wind turbine to close down in these periods. This is a recognised means of dealing with the problem. A recommended planning condition requires that an appropriate solution be submitted prior to works commencing and the agreed measures implemented.

4.28 Telecommunications: The wind turbine will interfere with a number of telecommunication links. Technical solutions have been offered to the operators and all have agreed to them other than Scottish Water. They consider that the proposed solution will introduce a detrimental level of technical, strategic and commercial complexity.

4.29 It is considered that this matter can be acceptably resolved through a recommended condition requiring that no works commence until an appropriate solution is submitted and agreed by the Council and the approved measures implemented.

4.30 Television Reception: The applicants have assessed that there may be an affect on analogue television signals to some local dwellinghouses. This can only, however, be determined when the turbine is in operation. It should be noted that there should be little or no adverse affect on digital signals. Should there be seen to be a problem the applicants have confirmed that they would carry out remedial measures which may involve supplying digital equipment along with any required aerial upgrade or in extreme cases installing satellite equipment. A recommended planning condition requires that an assessment on the effect on television reception be carried out by the applicants within three months of the wind turbine being brought into operation and that any required remedial measures be carried out within an agreed timescale.

4.31 Ecology: The single turbine nature of this development and the developed commercial land on which it is to be installed means there are no concerns from disturbance or loss of habitat. The site's position close to a locally designated wetland area means that there is a possible impact on wetland bird species. The submitted assessment of the available survey work for these sites shows, however, there to be no species with significant protected status and high sensitivity to wind energy developments utilising the site. It is noted that there is highly unlikely to be bat species utilising this area. As such there are no anticipated adverse ecological impacts from the proposed development.

4.32 Other Matters: 0 Where appropriate comments from consultees have either been forwarded to the applicants or have been covered by planning conditions or planning notes. 0 Measures are proposed to stop problems of ice particles being thrown from the rotating blades. This is covered by a recommended planning condition. Planning permission was granted in November 2007 for a 50m high wind monitoring mast. Although this does not set a precedent for granting permission for the proposed 126m high wind turbine it does indicate an understanding by the Council of the intention of AG Barr Ltd to pursue a potential wind turbine.

4.33 Conclusion: Although application decisions are required to be primarily based on local plan policies it is noted that in this case the Cumbernauld Local Plan gives no useful assistance in determining the application. As such a variety of further material considerations must be carefully assessed. 4.34 When examined against the relevant renewable energy policy in the Finalised Draft North Lanarkshire Local Plan it is seen that the proposed wind turbine partly accords with and is partly contrary to this policy. It is outwith the “Broad Area of Search” for large single turbines but will produce obvious community benefits through tackling some of the factors behind global warming. Similarly when examined against national policy the proposal raises tensions with protecting areas of natural heritage value (ie views to the Kilsyth Hills) but complies with the objective of promoting sustainable development, It is concluded that the emerging local plan and national policies do not presume against the proposed development.

4.35 It is considered that the key issue is the weighing up of the visual impact issues against the sustainability benefits. Visual impact can either be perceived negatively due to the domination of the wind turbine on the skyline and on local views or can be seen positively as a bold structure which will represent the forward thinking aspirations of Cumbernauld. There are clear sustainability benefits associated with the provision of renewable energy to the AG Barr premises which weigh heavily in favour of the proposed development.

4.36 Having carefully assessed all the issues it is considered that the proposed wind turbine will be an acceptable ancillary development in an industrial location, will adhere to the aspiration for good design in the Westfield area and will have significant sustainability advantages. These advantages will outweigh any concerns over the visual domination of the structure. Taking account of the above it is recommended that planning permission be granted. Application No: N/09/00137/FUL

Date Registered: 9th February 2009

Applicant: Darussalam Clo Agent

Agent Design Practice Architects & Designers 10 Lynedoch Crescent Glasgow G3 6EQ

Development: Temporary Use of Part of Dwellinghouse for Religious Instruction for a Period of Two Years and Formation of a Rear Parking Area

Location: 75 Cumbernauld Road Stepps Glasgow G33 6LR

Ward: 5-Strathkelvin. Councillors Hogg, McGlinchey, Shaw & Wallace

Grid Reference: 265479668253

File Reference: N/09/00137/FUL

Site History: N/08/00349/FUL Temporary Change of Dwellinghouse to Dwellinghouse and Premises for Religious Instruction (Class 10): Refused 12 November 2008.

Development Plan: Northern Corridor Local Plan, 2005. Policy HG3 (Retention of Residential Amenity) applies.

Contrary to Development Plan: No

Consultations: None

Representations: 31 letters of representation received (including Councillor McGlinchey and Stepps Community Council) Newspaper Advertisement: Advertised on 25th February 2009

Recommendation:Approve Subject to the Following Conditions:-

1, That the permission hereby granted is for a temporary period only and shall expire 2 years from the date consent is granted.

Reason: To enable the Planning Service to monitor and assess the affects of the change of use on surrounding residential properties.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 343-01.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That before any classes for the purposes of religious instruction start, the entire rear garden as hatched on the approved plan shall be converted to hard standing for the purposes of vehicle parking. For the avoidance of doubt, the existing garage shall be removed.

Reason: To ensure the provision of adequate parking facilities within the site.

4. That before any classes for the purposes of religious instruction start, the access to the site shall be widened to 5 metres.

Reason: To allow two cars to pass side by side at any one time.

5. That the operational days and hours of religious instruction shall be restricted to 7.30 am to 6.30 pm Monday to Friday.

Reason: To safeguard the residential amenity of the area

6. That a maximum of 10 children shall attend classes at any one time.

Reason: To safeguard the residential amenity of the area.

7. That the religious instruction classes hereby permitted shall be restricted to only one room of the dwelling as illustrated on the approved plans.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 9th February 2009

Letter from Councillor Frances McGlinchey, Civic Centre, Windmillhill Street, Motherwell MLI IAB received 17 March 2009. Letter from Mr Rob Stuart, Chair, Stepps And District Community Council, received 5th March 2009. Letter from John and Lynda Bowie, 68 Whitehill Avenue, Stepps, Glasgow, North Lanarkshire, G33 6BN received 26th February 2009. Letter from Anne Acuna, 73 Cumbernauld Road, Stepps, G33 received 16th March 2009. Letter from Mr Thomas Strong, 17 Cumbernauld Road, Stepps, Glasgow , G33 6LR received 20th February 2009. Letter from Mr J Skinner, 21 Whitehill Avenue, Stepps, Glasgow, G33 6BN received 20 February 2009. Letter from William Barnett, 81 Cumbernauld Road, Stepps, Glasgow, G33 6EP received 20th February 2009. Letter from Carol Barnett, 81 Cumbernauld Road, Stepps, Glasgow, G33 6EP received 20th February 2009. Letter from John McLauchlan, 20 Whitehill Farm Road, Stepps, G33 6BT received 20th February 2009. Letter from Clara Edith Young, 83 Cumbernauld Road, Stepps, Glasgow, G33 6EP received 19th February 2009. Letter from Robert R Young, 83 Cumbernauld Road, Stepps, Glasgow, G33 6EP received 19th February 2009. Letter from Mr & Mrs McLaren, The Hollies, 3 Whitehall Avenue, Stepps, Glasgow, G33 6BL received 23rd February 2009. Letter from Mary McKeown, 79A Cumbernauld Road, Stepps, Glasgow, G33 6EP received 24th February 2009. Letter from Michele Lindsay, Lynholm, Stepps, G33 6LT received 25th February 2009. Letter from Mr lan & Mrs Claire Bennie, Hillview House, 22 Laundry Lane, Stepps, Glasgow, G33 6LT received 25th February 2009. Letter from Gabrielle Lindsay & Martin Mclnnes, Lynholm, 3 Laundry Lane, Stepps, G33 6LT received 23rd February 2009. Letter from Mrs Claire Bennie, Hillview House, 22 Laundry Lane, Stepps, Glasgow, G33 6LT received 23rd February 2009. Letter from J Beattie, 11 Laundry Lane, Stepps, G33 6LT received 23rd February 2009. Letter from W Barnett, received 17th February 2009. Letter from Elsa & Diva Sockalingum, 15 Laundry Lane, Stepps, Glasgow,G33 6LT received 3rd March 2009. Letter from Lesley McCabe, 45 Cumbernauld Road, Stepps, Glasgow, G33 6LR received 19th February 2009. Letter from Mrs McManus, 4 Laundry Lane, Stepps, G33 6LT received 13th February 2009. Letter from Mr McManus, 4 Laundry Lane, Stepps, G33 6LT received 13th February 2009. Letter from Alex Skinner, 17 Lednock Road, Stepps, Glasgow, G33 6LP received 23rd February 2009. Letter from Margaret Li, 16 Whitehill Avenue, Stepps, Glasgow, G33 6BL received 24th February 2009. Letter from Mrs Mary Smith, 29 Lenzie Road, Stepps, G33 received 24th February 2009. Letter from M Bruce, 27 Cumbernauld Road, Stepps, Glasgow, G33 6LR received 24th February 2009. Letter from Janette McGown, 2 Laundry Lane, Stepps, Glasgow, G33 6LT received 24th February 2009. Letter from Mr Alexander McGown, 2 Laundry Lane, Stepps, Glasgow, G33 6LT received 24th February 2009. Letter from Mr & Mrs Ballantyne, 5 Comrie Road, Stepps, Glasgow, G33 6LF received 23rd February 2009. Letter from Mr C Stewart, 10 Whitehill Farm Road, Stepps , Glasgow, G33 6BT received 23rd February 2009.

Northern Corridor Local Plan, 2005

Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 616464.

Date: 19 March 2009 APPLICATION NO. N/09/00137/FUL

REPORT

1. Description of Site and Proposal

1.1 The applicant seeks temporary planning permission for a period of two years to change the use of 1 ground floor room of a dwelling at 75 Cumbernauld Road, Stepps for the purposes of religious instruction. The use of the property for religious instruction purposes falls within Class 10: Non -residential institutions of the Town and Country Planning (Use Classes) (Scotland) Order 1997. The remainder of the property will remain in residential use.

1.2 75 Cumbernauld Road is a 1.5 storey dwellinghouse set within an established residential area of Stepps. The property has a considerable sized front garden and faces onto Cumbernauld Road. Laundry Lane runs along the east of the property boundary and a footpath runs along the rear of the site.

1.3 Laundry Lane is a privately owned unadopted road that serves 16 properties and the small industrial units to the rear of the application site. The lane is in a poor state of repair.

1.4 The applicant has confirmed religious teaching will take place between 7.30 am to 6.30 pm, Monday to Friday for approximately 10 children. It has further been confirmed that 1 teacher who will be resident in the dwelling will be present for the classes. The applicant has advised that for the most part, teaching during school term time will be restricted to after school.

2. Background

2.1 A previous application (N/08/00349/FUL) to change the use of the entire dwelling at 75 Cumbernauld Road to a place of religious instruction was refused on 12 November 2008. This application was different in that it was proposed that the religious teaching would take place from 5.30 pm to 7.30 pm, Monday to Friday for approximately 10 children, and between 11.00 am to 1.00 pm on Saturdays and Sundays for approximately 12 children. 2 to 3 teachers were proposed to be present for the classes.

2.2 The Planning and Transportation Committee considered the level of disturbance on week day evenings and in the afternoon at weekends would be detrimental to residential amenity and that granting permission would set an unacceptable precedent and so the application was refused.

3. Development Plan

3.1 This application raises no strategic issues and can be assessed in terms of the relevant Local Plan Policy.

3.2 In terms of the Northern Corridor Local Plan 2005 the site is covered by policy HG3: Retention of Residential Amenity which states there is a presumption against the loss of housing in areas identified primarily for residential use. The policy goes on to state the presumption does not however cover development of a complimentary nature to housing which will enhance the provision of local facilities and services. The policy also states the "Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of established housing

areas.I' 4. Consultations and Representations

4.1 My Traffic and Transportation Section advises that 5 in-curtilage parking spaces should be provided within the site. Part demolition of the wall is also required to widen the vehicular access to 5 metres, so that 2 vehicles can pass each other. If approved, a condition can be attached covering the aforementioned requirements.

4.2 Following neighbour notification and advertisement in the local press 29 letters of representation were received including representations from Stepps Community Council. The points of objection and my comments thereon are as follows:

0 The proposal will result in the loss of a house in a predominately residential area.

Comment: The Adopted Local Plan allows for the loss of houses in residential areas providing the use is complimentary in nature and enhances local facilities and services. Development that is incompatible with a residential setting or adversely affects amenity should be resisted. Thus, the loss of the house is not so much the issue as whether the proposed use is compatible with the residential setting and whether or not it impacts on amenity. It is considered that activity 5 days a week from 7.30 am to 6.30 pm, with a likely reality of only one class operating after school hours from 4.30 pm to 6.30 pm will not significantly impact on the amenity for the adjacent residential properties. The change of use only affects one room of the property.

0 Laundry Lane is a private road in a poor state of repair that will be unable to withstand large volumes of traffic.

Comment: It is agreed that Laundry Lane is in a poor state of repair. However, the vehicular access to No. 75 Cumbernauld Road is on the widest portion of the lane, close to the junction with Cumbernauld Road. Any concerns regarding maintenance is a matter for the owners of the lane.

0 There is further concern that lack of parking facilities will cause congestion on the lane, to the detriment of cleansing and emergency vehicles.

Comment: The plot can currently accommodate 3 vehicles, however my Traffic and Transportation Section have requested the provision of 5 spaces within the plot as well as the widening of the vehicular access. This can be achieved to the rear of the property with minimal impact on residential amenity.

Laundry Lane is a dead end that narrows half way along its length, thus making it difficult for turning and manoeuvring of vehicles. It also has no footpath provision to the detriment of pedestrian safety.

Comment: It is agreed that manoeuvrability and the lack of footpath provisions are issues, although not serious enough in their own right to lead to a recommendation for refusal of the application.

0 No. 75 Cumbernauld Road is opposite the main access to the Frankfield Loch housing development, thus further adding to the increase in traffic and impeding dropping off and picking up at this point.

Commenf: My Traffic and Transportation Section have not raised any concerns about the close proximity of the Frankfield Loch housing site.

0 Providing vehicular access along the frontage of the application site would result in the removal of a pedestrian island on Cumbernauld Road. Comment: There are no plans to provide new vehicular access. My Traffic and Transportation Team Leader has however requested the widening of the existing access on Laundry Lane.

0 Concerns have been raised regarding potential noise disturbance between 7.30 am and 6.30 pm.

Comment: Despite the early start time it is considered that many working people will be awake and in the evenings, at a time when they would expect less activity, the religious instruction will cease. The applicant has advised that in reality, it is likely that there will be one class per day starting after school at 4.30pm and lasting 2 hours. The use itself is not considered likely to be noisy. The children attending the classes will be of school age and instruction will happen within the house. With regard to the traffic impact, the applicant has indicated that children from the same family would arrive together and so traffic movements are estimated as approximately 5 vehicles dropping off and picking up. This is considered a reasonable estimate. Also it should be noted that there are commercial uses within Laundry Lane that could generate similar, if not more traffic movement.

0 Ample facilities (mosques and a multi-cultural centre) exist in Glasgow and Stepps has a community centre that could be used by the trust.

Comment: The above is noted and it is agreed that a community centre would be a favourable location to meet the applicants needs however because of the number of children proposed to be taught and the operational hours, it is considered that a dwelling could accommodate the use without leading to significant disturbance to neighbouring residents.

0 The house and garden are an example of the architectural heritage in Stepps and loss of the front garden to car parking will have a detrimental affect.

Comment: If approved, in-curtilage parking provision could be accommodated within the rear and side garden, thus not affecting the frontage of the plot.

0 There is concern that over time the numbers of people using the building will increase.

Comment: If granted, the use will be monitored. If intensification of the use occurs then the Planning Service will consider what action is necessary.

0 The question over who would monitor the number of people using the property has also been raised.

Comment: If approved, it would be for the Planning Authority to monitor the number of people using the property.

An adjoining neighbour has raised concerns about loss of privacy.

Comment: I do not consider that there will be a direct loss of privacy. No physical alterations to the dwelling are proposed.

0 Other objections received concern the potential devaluation of properties/ it being impossible to provide individual places of worship for every religious group/ and one objector has chosen not to live near a religious building and therefore does not want to do so now.

Comment: The above are noted but are however not material to the consideration of this proposal. The acceptability or otherwise of the proposal is being considered on its planning merits. 0 A local resident has requested the Planning and Transportation Committee visit the site and hold a hearing prior to determining the application.

Comment: The Planning and Transportation Committee will decide whether or not to grant the request.

0 Many objectors have raised concerns with another application being submitted by a different applicant but with a similar proposed use.

Comment: There is no control over how often an applicant can apply for planning consent for a change of use at the same address. It is quite common for an applicant to resubmit an application if they consider they have addressed the issues of refusal for a previous application.

0 Many objectors have advised that the dwelling is empty and nobody resides there.

Comment: In planning legislation there is no control over how a domestic property operates, i.e. there is no requirement for a house to be occupied full time by a family, a single person or any person.

0 Objections have been received with regard to tree works that have been carried out within the site, the formation of a hard standing area to the rear of the property.

Comment: There are no trees covered by a Tree Preservation Order within the site boundaries. The formation of a hard standing area does not require planning consent.

5. Plannina Assessment and Conclusions

5.1 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. In this case, policy HG3 of the Northern Corridor Local Plan 2005 is of relevance. The policy states there is a presumption against the loss of housing in areas identified primarily for residential use although complimentary development which will enhance the provision of local facilities and services can be acceptable. The policy also seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of established housing areas.

5.2 This application is different from the previous application in that the applicant proposes to operate Monday to Friday from 7.30 am to 6.30 pm. The applicant has advised that in reality, during school term time, there will be one class after normal school hours between 4.30pm and 6.30pm. There is potential for classes to be run in the mornings and through the day although this is only likely during festive days and school holidays. It is considered that there will be limited disturbance with traffic arriving to drop children off at 4.30 pm as many residents in the area will be at work. 6.30 pm is normally a time where people are arriving home from work and so there are generally more traffic movements. As such, increased traffic movements either in Laundry Lane or on Cumbernauld Road at this time is not considered significantly detrimental to residential amenity.

5.3 Cumbernauld Road is a main through road and as such, noise from traffic can be heard in and around this area.

5.4 It should be noted that a nursery was granted planning permission for 73 Cumbernauld Road N/96/00271/FUL granted 26 February 1997 for a temporary period of 3 years. An application to renew the consent was never received. The proposed days and hours of operation are similar to a nursery that is run from a dwelling. The proposed religious teaching is considered likely to be a quieter use than a nursery in that the children will be of school age and there is no outdoor activity areas proposed.

5.5 It is my experience that a nursery has staggered dropping off and picking up times because of varying parental requirements for care. This proposal involves structured classes where children will be arriving and leaving at the same time, This is therefore quite different from a nursery. The applicant has advised that the children intended to attend the classes are local and live in relative proximity to the application site, the nearest being at 67 Cumbernauld Road. The applicant therefore anticipates a number of children walking to classes. However, it is conceded that some children will be dropped off by car. The applicant advises that a number of the children who would attend are related and would arrive together. Given these circumstances, the applicant foresees approximately 5 vehicles arriving at 4.30pm to drop children off and then leave (10 vehicle movements in and out) and again to pick the children up at approximately 6.30pm (10 vehicle movements in an out). Given that this traffic movement is over a 2 hour time scale, I do not consider the impact on surrounding residential properties to be significant to warrant refusal of this application.

5.6 In accordance with the requirements of the Council’s Roads Authority, a condition will be attached requiring the formation of 5 parking spaces to the rear of the property, and the widening of the access driveway. It should be noted that it is difficult to assess if the designated parking, when formed, will actually be utilised. There is an access gate at the front on the property (Cumbernauld Road) so it is possible that vehicles will stop on the public road to let children out. There is nothing to prevent cars parking on the public road and given that it would be for a very short time (likely until the children are seen to have safely entered the house) it is unlikely to be of great nuisance to surrounding residents.

5.7 It is worth noting that Laundry Lane to the east of the application site has a mix of uses including residential and commercial so traffic generation and movement is not uncommon in the immediate area.

5.8 This application is for a temporary consent of 2 years. It is considered that this is a reasonable timescale for the Planning Service to monitor the affects of the change of use and to ascertain the impact on surrounding uses, especially residential properties.

5.9 There has been a significant level of public objection surrounding this application. Despite this, it is considered that the temporary use of one room at 75 Cumbernauld Road for the purposes of religious instruction is acceptable in this instance in that it is not anticipated that the use will be significantly detrimental to residential amenity.

5.10 This planning status of this site is unchanged by the Finalised Draft North Lanarkshire Local Plan.

5.1 1 Similar to some nurseries operating from a dwelling, the proposed religious teaching is not considered incompatible with a residential setting. It is considered that it may enhance the provision of local facilities in the area. As such, and for the above reasons, I consider the application to comply with policy HG3 of the Northern Corridor Local Plan 2005.

5.12 I recommend approval of this application subject to conditions.

5.13 It has been requested that the Committee members visit the site and conduct a hearing prior to the determination of this application. Application No: N/09/00171 IFUL

Date Registered: 13th February 2009

Applicant: Sanctuary Scotland Housing Association Sanctuary House 7 Freeland Drive Glasgow G53 6PG

Agent Mast Architects LLP 51 St Vincent Crescent Glasgow G3 8NQ

Development: Residential Development (31 Flats and I Shop)

Location: 4A4G & 5A-52 Fleming Road Seafar Cumbernauld G67 1LG

Ward: 3-Cumbernauld South.Councillors Carrigan,Goldie,Homer& McElroy

Grid Reference: 275729674841

File Reference: Nl09/00 17 1/F UL

Site History: No relevant site history.

Development Plan: Cumbernauld Local Plan 1993. Policy HG4 (Residential Amenity) applies.

Contrary to Development Plan: No

Consultations:

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 4th March 2009

Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- L (20) 001, L(20)002, L(20)003, L(20)011, L(20)012, L(20)014, L(20)015, L(20)017, L(20)018, L(20)050, L(20)051, L(20)052, L(20)100, L(20)lOl and L(20)102.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: In the interest of the amenity of the site and the general area.

4. That BEFORE the development hereby permitted starts, full details of the design, location and height of all fences, walls (including those to enclose bins) and retaining walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Thereafter, all fences and walls (including retaining walls) shall be constructed in accordance with the approved plans.

Reason: To ensure that walls and fences are appropriate for the site and the general area.

5. That before the development hereby permitted is started; a plan shall be submitted for the approval in writing of the Planning Authority that illustrates the extent of the footpath traversing through the site that requires to be stopped up. Thereafter, the footpath shall be formally stopped up prior to any works commencing on site.

Reason: To ensure that the footpath is stopped up before the issuing of planning consent in accordance with Section 208 of the Town and Country Planning (Scotland) Act 1997.

6. That before the development hereby permitted is started, full details of the proposed ramp including its location, design (including retaining wall details), gradient details, associated safety railing details and the ramps relationship with the existing and adjacent footpath shall be submitted for the approval in writing of the Planning Authority. Thereafter, the ramp shall be constructed in accordance with the approval plans before the occupancy of any flat.

Reason: To ensure adequate pedestrian links in the area and to ensure there is an alternative for pedestrians that would have otherwise used the path that will be stopped up in accordance with condition 5 above.

7. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.

8. That within one year of the completion of all three blocks, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under condition 7 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area. 9. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas plus all other communal areas.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area.

10. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 9 shall be in operation.

Reason: In the interests of the visual amenity of the area.

11. That before the development hereby permitted starts, full details of the existing and proposed levels on the site shall be submitted to, and approved in writing by the Planning Authority. Thereafter the levels shall be finished in accordance with the approved plans.

Reason: To ensure that levels are appropriate for the site and the general area.

12. That the temporary shop hereby permitted shall be removed from the site after construction of block 3 is complete or when the purpose built retail unit within block 3 is open to the public, whichever happens sooner.

Reason: To ensure the all parking bays as illustrated on the approved plans are formed and are able to be utilised.

13. That before any flat is occupied; parking associated with each block shall be completed to final wearing course in accordance with the specifications of the Roads Authority.

Reason: To ensure the provision of adequate parking facilities within the site.

14. 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.

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.

15. That the SUDS compliant surface water drainage scheme approved in terms of Condition 14 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

16. That a visibility splay of 4.5 metres by 120 metres, measured from the road channel, shall be provided on both sides of the vehicular access at the Seafar Road junction and before the completion of the 3 flatted blocks, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

Background Papers:

Application form and plans received 13th February 2009

Cumbernauld Local Plan 1993 Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 6 16464.

Note to Committee: If approved, and before development starts on site, the applicant will be required under the terms of Section 208 of the Town and Country Planning (Scotland) Act 1997 to stop up an existing footpath that traverses through the application site.

Date: 19 March 2009 APPLICATION NO. N/09/00171/FUL REPORT

1. Description of Site and ProDosal

1.1 This application is for 3 individual, 4 storey flatted blocks comprising 31 residential units (all with 2 bedrooms), an associated retail unit (class 1 newsagents) and parking courts in between each block. This will replace a dilapidated 4 storey maisonette flatted block comprising 20 flats and retail unit (newsagents) in Fleming Road, Seafar. All but 3 flats are uninhabited.

1.2 The site is surrounded by 2 storey residential terraces to the south and south east. To the west is a 3 storey detached building occupied by a section of North Lanarkshire Council’s Social Work. A significant level change of approximately one full storey exists at the south-west corner of the site. With this exception, the site is relatively flat.

1.3 It should be noted that the Council owns the open land around the existing block.

2. Development Plan

2.1 This application raises no strategic issues and can be assessed in terms of the relevant Local Plan Policy.

2.2 The site is covered by policy HG4 (Residential Amenity) in the Cumbernauld Local Plan 1993 which states there is a presumption against the loss of housing to other uses, and development which could be detrimental to residential amenity.

2.3 The planning status of this site is unchanged by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and Representations

3.1 Extensive pre-application discussion has taken place with my Traffic and Transportation Team Leader prior to the submission of this application. At this stage, he advised that for social housing, a slightly relaxed parking provision of 130% would be required. The applicant has provided 100%. Although this is short of the requirement, it is considered that this represents a significant improvement upon the current situation where there is no off street parking provision. Given these circumstances, it is my view that 1 parking space per flat is adequate in this instance.

3.2 The Council’s Geotechnical Section, Scottish Water and SEPA have not been consulted as no drainage strategy has been submitted for my assessment as yet. It is considered however that the SUDS drainage required by planning conditions will be an improvement on the existing old drainage arrangements that are currently in place.

3.3 There were no representations received as a result of this application.

4. Plannina Assessment and Conclusions

4.1 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. In this case, the proposed housing development complies with policy HG4 (Residential Amenity) of the Cumbernauld Local Plan 1993.

4.2 The site has two main constraints. A public footpath identified as being part of the proposed core footpath network linking Seafar to Cumbernald Town Centre traverses through a pend under the existing flats. This footpath is proposed to be stopped up and an alternative footpath to west of the site upgraded and extended to include a ramp to accommodate wheelchair users. This is considered to be acceptable.

4.3 The south west corner of the site where the footpath is to be upgraded is significantly lower than the land where the flats will be accessed. This is proposed to be overcome by a retaining wall adjacent to the underpass with the ground sloping up from the pedestrian footpath to minimise the amount of retention required and reduce the visual impact on amenity space at this part Of the site. A condition has been attached requiring details of existing and finished levels and the height of retaining walls to be submitted for the assessment of the Planning Service before works start on site.

4.4 The existing shop will require to be vacated for demolition to proceed. The applicant proposes a temporary shop unit whilst construction is ongoing. This would be located between blocks 1 and 2 within the parking court. It would be accessed from Fleming Road which does not form part of the application site. When construction is complete, the shop would be relocated within the purpose built unit on the ground floor of block 3. This is in close proximity to the shops’ current location.

4.5 The 3 independent 4 storey flatted blocks are carefully positioned within the site, having regard to window to window distances and close proximity parking. They are also well set back form Seafar Road providing a road verge and open area as a dividing boundary.

4.6 The design of the elevations facing Seafar Road have been carefully considered in that there are elements of aesthetic interest with a range of materials and large window openings being proposed.

4.7 The applicant has adopted a simpler approach to the design of the elevations facing the parking courts and Fleming Road in an attempt to reduce a stark contrast with the existing terraced properties. Although the latter are in a respectable condition, they were built in the 1960’s and a contemporary and detailed elevation, such as those facing Seafar Road, may not harmonize fully with the existing.

4.8 Parking is 30% short of the recommended provision for this development however it is considered that that this represents a significant improvement upon the current situation where there is no off street parking provision. This can also be said for the surrounding properties where on street parking is standard. In addition, given the social housing nature of the proposal, the relaxation in parking standards is considered reasonable in this instance. 4.9 The applicant has not submitted a drainage proposal for this application however this is not considered a reason to delay determination of the application. It is considered that the SUDS drainage required by planning conditions will be an improvement on the existing old drainage arrangements that are currently in place.

4.10 The Council’s Environmental Health Service has confirmed that two 1280 litre bins serving each block is sufficient. An additional bin of similar size is proposed to serve the retail unit. Purpose built bin stores are proposed.

4.11 It should be noted that a public footpath that traverses through the site at present will require to be stopped up prior to the granting of planning permission. A Stopping Up Order will be promoted under the terms of Section 208 of The Town and Country Planning (Scotland) Act 1997.

4.12 Council standards require play facilities or a financial contribution when more than 30 dwellings are proposed. In this case it was not felt that either was appropriate. This scheme is for the redevelopment of an existing site. In total, 11 new dwellings will be built (20 currently exist) and it is considered that the area as a whole will benefit more from new and additional social housing units rather than a play area or minor improvements to an existing play facility.

4.13 In summary, the existing flatted block is in a dilapidated state. It is considered that the proposal will result in a vast improvement to the appearance and character of the immediate area to the betterment of its residents.

4.14 The Council has an interest in this site but the proposed development accords with the local plan and there have been no objections. Accordingly, there is no requirement to notify this application to the Scottish Ministers,

4.15 Having considered the development plan and all material planning considerations, I recommend that planning consent be granted subject to conditions. Application No: N/09/00177/FUL

Date Registered: 27th February 2009

Applicant: Mr F Lynch TIA Stepps Radio Cars 136A Cumbernauld Road Muirhead G69 9DY

Development: Change of Use to Taxi Business (24 Hours per Day) (In Retrospect)

Location: 136A Cumbernauld Road Muirhead G69 9DY

Ward: 5 - Strathkelvin Councillors Hogg, McGlinchey, Shaw and Wallace

Grid Reference: 268389669483

File Reference: N/09/00177/FUL

Site History:

Development Plan: The site is covered by Policy SC1 (Protect and Enhance Existing Local Shopping Areas) in the Northern Corridor Local Plan, 2005

Contrary to Development Plan: No

Consultations:

Representations: 2 letters of representation received.

Newspaper Advertisement: Advertised on 11 th March 2009

Recommendation: Approve Retrospective Planning Permission Subject to the Following Conditions:-

1. That the permission hereby granted shall relate solely to the use as a taxi office in accordance with the Town and Country Planning (Use Classes) (Scotland) Order 1997.

Reason: To enable the Planning Authority to retain effective control of the development.

Background Papers:

Application form and plans received 17th February 2009

Letter from Mr William Steel, 126 Cumbernauld Road, Muirhead, , G69 9DY received 5th March 2009. Letter from Mr Peter Crozier, 128 Cumbernauld Road, Muirhead, Chryston, G69 9DY received 27th February 2009. Letter from Mr F. Lynch, Stepps Radio Cars, 136A Cumbernauld Road, Muirhead, G69 9DY received 18'h March 2009.

Northern Corridor Local Plan, 2005, Finalised Draft North Lanarkshire Local Plan

Any person wishing to inspect these documents should contact Ms Jennifer Thomson at 01236 616473.

Date: 13'h March 2009 APPLICATION NO. N/09/00177/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for change of use to a taxi business in retrospect. The business has operated from this site for a number of years. The unit forms part of a terraced row of commercial buildings facing Cumbernauld Road adjoining a Chinese take away and adjacent to the Airdrie Savings Bank building. There is a parking and service I delivery area to the rear which serves the application site and adjacent units.

1.2 The application is in retrospect for the taxi business which would operate 24 hours a day. The applicant has provided a letter which states that the taxi business has been in operation at this location since he purchased it in 2003. Prior to this it is understood that the premises were occupied by Townhead Carpets, with a taxi company operating from a small area to the rear. Townhead Carpets vacated around 1999 and the taxi company expanded into the rest of the property.

2. Develoljment Plan

2.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

2.2 In terms of the Northern Corridor Local Plan 2005, the site is covered by shopping and commercial policy SC1 which seeks to: ‘maintain existing local centres by discouraging developments that could threaten their viability and vitality.’

2.3 The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan.

3. Consultations and Representations

3.1 No external consultations were required.

3.2 My Traffic and Transportation Team Leader was consulted and had no objections on the basis that a taxi business has operated from this location for many years. 3.3 Two letters of objection were received from local residents and the points of objections are summarised below.

There are no parking facilities resulting in cars congregating on Cumbernauld Road in front of the adjacent bank building and on double yellow lines. The premises are being used as a taxi rank, with cars sitting waiting for fares. The car parks nearby are owned by businesses who lock them at night. Access is often blocked to nearby residential properties. This is a safety hazard for vehicular traffic and pedestrians using the footpaths. Comments: There is space for cars to park in the shared parking and service delivery area to the rear of the office. It is accepted that this part of Muirhead area is busy and that the taxi’s should not block private accesses, however it is felt there is enough space to the rear for the cars to park while waiting for a job. Furthermore, if vehicles are parked illegally on double yellow lines, this is a matter for the police. 0 The taxi office results in noise nuisance due to people congregating waiting for taxis.

Comments: The site is within a designated local shopping area with a public house and take away established nearby and it is felt that some noise is inevitable in such locations.

The development results in a loss of privacy within the garden of an adjacent residential property due to taxi’s arriving and departing and parking on the other side of Cumbernauld Road.

Comments: Since the garden currently faces onto Cumbernauld Road, the arrival and departure of taxis, in addition to other road traffic, would not significantly impact on privacy.

Cars are being valeted and serviced at these premises resulting in litter and oil being dumped.

Comments: This is not a planning matter, however there should be no unauthorised dumping of materials on the site.

0 The commercial nature of a taxi office in a residential area is a contradiction and there is an adverse impact on neighbouring residential properties due to the extensive operating hours.

Comments: The site is zoned as a shopping and commercial area. Although there are some residential properties nearby, there are also many other established non residential uses in the area with late opening hours.

0 As the taxi company has been operating without the proper licence they should be stopped from using the address.

Comments: This planning application in retrospect seeks to regularise the position in terms of planning permission for the business. If the established use is considered to be acceptable there is no reason refuse consent. In addition, there is a long history of taxi businesses operating from this location.

Even if the office is not a formal taxi rank, the office will attract visits from drivers outwith normal office hours.

Comments: The application seeks consent for 24 hour operation, therefore it is expected that cars could arrive outwith office hours.

0 A van with billboard advertising the taxi business is frequently parked across the road in the cul-de-sac off the B819 which is an eyesore.

Comments: Although connected with the business, this is a separate planning matter and will be investigated as such.

0 TV / Radio and Telephone interference is experienced because of the taxi radio calls

Comments: This is not a planning matter.

4. Planninn Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 4.2 With respect to the Northern Corridor Local Plan 2005, the site lies within the local shopping area of Muirhead. Policy SC1 (Protect and Enhance Existing Local Shopping Areas) is of most relevance as it seeks to maintain local centres by discouraging developments which could threaten their viability and vitality. It is felt that the taxi business is an acceptable use in a local centre and does not conflict with the aims of Policy SC1 .

4.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: It is considered appropriate to regard the Finalised Draft North Lanarkshire Local Plan as a material planning consideration in view of its advanced stage of processing and lack of objections to the shopping and commercial policy. The site remains zoned for shopping and commercial purposes, being covered by policy RTC3 Assessing Retail and Town Centre Development. The proposal is considered to be an acceptable development for a local commercial area in that there would be no significant adverse impacts on any town centre's vitality, viability and environment or the road network. RTC3B (Bad Neighbour Development) is also relevant due to the 24 hour opening, however it is not felt that the amenity of the area is adversely affected by the proposal.

4.4 This site has been historically used as a taxi office for over 20 years. Before the original building was replaced, 134 Cumbernauld Road was granted permission in 1986 for the change of use from a retail shop unit to a taxi office and it appears that the more recently constructed row of shops including 136A Cumbernauld Road is on approximately the same location. The taxi business has been operating from 136A Cumbernauld Road for a number of years without resulting in complaints to the council and is considered to be a suitable use of the site. Although there are some residential properties near by, the immediate area is predominantly commercial with evening activity arising from the Muirhead Inn and adjacent Chinese Take Away. It is felt that the taxi business is complementary to these uses and is an established use in the area.

4.5 In conclusion, notwithstanding the points raised by the objectors and having taken into account the Development Plan and all material considerations, the application for a taxi business in retrospect is considered to be acceptable. I therefore recommend that planning permission be granted subject to conditions. Application No: C/08/00890/FU L

Date Registered: 24th June 2008

Applicant: T & B Wilson Bishopbrae Farm Bathgate EH48 4LN

Agent Hardie Associates 78 Hopetoun Street Bathgate EH48 4PD

Development: Conversion of Existing Farmhouse Steading & Barn to Form 7 Dwelling houses

Location: Garnqueen Farm Main Street Glen boig Coatbridge North Lanarkshire ML5 2RD

Ward: 6 Coatbridge North And Glenboig Councillors Clarke, Shields, McWilliams and Wilson

Grid Reference: 271 662 668352

File Reference: C/PL/GBM030/SM/EL

Site History: C/OO/OO653/FUL Conversion Of Farm Steading To Form One Additional Dwellinghouse granted 13 June 2001

Development Plan: The application site is located in an area zoned as GBI (Restrict Development in the Green Belt) in the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996. The site is also covered by policies CU 1/3 (Gas Pipeline Safety Zones) and CU 1/5 (Landfill Gas Monitoring Zones).

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (no objection) British Gas (no objection) Scottish Power (no objection) HSE (do not advise against)

Representations: No letters of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

08/021/PLOIE 08/02 1/PLO3 08/021/PLO4 08/021/PL05 08/021/PL05A 08/02 1/PL 10 08/02 1/PL 11 08/021/PLO2 08/02 1/PLO6 08/021/PL07

Reason: To clarify the drawings on which this approval of permission is founded.

3. That prior to the commencement of the development a Structural Engineers report, from a suitably qualified person, shall be provided to confirm the structural integrity of the steading buildings. For the avoidance of doubt this report requires to confirm that the substantial rebuilding of the steading and barn buildings would not be required in order to implement this permission.

Reason: To accord with policy GBI (Restrict Development in the Green Belt) and the associated Design Guidance on New Houses in the Countryside in that where no specific locational need exists a rural house will only be considered favourably when there is an existing structure substantially complete, worthy of retention and capable of adaptation. The re-building of houses, or structures to accommodate houses, within such areas is not normally permitted.

4. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: In the interests of the visual amenity of the area.

5. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of the visual amenity of the area. 6. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

Reason: In the interests of visual and residential amenity.

7. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to 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. for the SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 7 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site. 9. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed footpaths (b) the proposed parking areas (c) the proposed external lighting provided for the area(s) (d) the proposed grassed, planted and landscaped areas (e) the proposed fences to be erected along the boundaries

Reason: In the interests of the visual amenity of the area.

10. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 9 shall be in operation.

Reason: In the interest of the amenity of the site and the general area.

11. That a visibility splay of 4.5m metres by 35 metres, measured from the road channel, shall be provided on both sides of the vehicular access along Garnqueen Crescent and before the development hereby permitted is first occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety.

12. That the in-curtilage, allocated and visitor parking shall be implemented contemporaneouslywith the development and in any case all parking provision shall be provided in accordance with the approved plans prior to the occupation of the last dwellinghouse.

Reason: To ensure the provision of adequate parking facilities within the site.

13. Notwithstanding condition 12 above that within one month of the date of this permission a revised plan showing an additional allocated parking space for plot 3 adjacent to those already allocated to Plot 3 as shown on plan 08/021/PLOIE shall be submitted to the Planning Authority for its written approval.

Reason: To ensure the provision of adequate parking facilities within the site.

14. That any buildings to be demolished are done so outwith the bird breeding season (March to September) inclusive.

Reason: To minimise the risk to wild birds and their nests in order to ensure legal compliance with the requirements of the Wildlife Countryside Act 1981 and the Nature Conservation (Scotland) Act 2004. Background Papers:

Application form and plans received 11 th June 2008 Protected Species Survey received 18'h September 2008

Letter from Scottish Environment Protection Agency received 4th August 2008 Letter from British Gas received 4th July 2008 Letter from Scottish Power received 17th July 2008

Memo from Transportation received 18th November 2008 Memo from Transportation received 29th July 2008 Memo from Environmental Services received 15th October 2008

Glasgow and Clyde Valley Structure Plan 2000 Incorporating Third Alteration 2006 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.

Date: 12'h March 2009 APPLICATION NO. C1081008901FUL

REPORT

1. Description of Site and ProPOsal

1.I Planning permission is being sought ,dr the conversion of farmhouse steading and barn to form 7 dwellinghouses at Garnqueen Farm, Glenboig. The site consists a collection of buildings including the main farmhouse, attached steading buildings detached barn and two other tin and brick sheds. The buildings are located south of Main Street, Glenboig and are accessed by a private road.

1.2 The farmhouse is a storey and a half with timber pitched roof dormers, the walls are rough sandstone and the roof is covered in tiles, The farmhouse will remain unaltered. The attached building to the west of the farm house (Plot 7) was granted permission in 2001. This development has been completed and is finished in render with stone quoin details and a tiled roof and will remain unaltered. The attached steading building to the east (rough sandstone) forms a store building and garage, It has a small lean to timber extension on the east elevation and a lean to brick extension on the west. The walls are complete up to wallhead height and the pitched roof (a mix of slates) is in situ. The detached storage barn has roughcast walls and is complete up to wallhead height. The pitched roof (corrugated sheeting) is in situ.

1.3 The attached steading is to be converted and extended (by approximately 22%) into 3 dwellinghouses (plots 1, 2 and 3). Shallow pitched wallhead dormers are to be incorporated into the roof structure to provide accommodation at first floor level. Plots 1 and 2 have two bedrooms whilst plot 3 has three bedrooms. The building is to be finished in render with stone quoin detailing and banding detail around the ground floor windows.

1.4 The detached barn is to be converted and extended (by approximately 20%) into 3 dwellinghouses (plots 4, 5 and 6). The roof is to be raised by 0.5m and pitched roof traditional dormers with timber facings will be incorporated into the roof structure to provide accommodation at first floor level. Plots 4 and 6 have three bedrooms whilst plot 5 has two. The building will be finished in render with stone quoin detailing and banding around the ground floor windows.

1.5 Access to the site is by private road taken from a junction with Main Street, Glenboig. The plots will have either a single or double garage and own off street parking. The site will also accommodate visitor parking.

2. DeveloDment Plan

2.1 The application site is located in an area zoned as GBI (Restrict Development in the Green Belt) in the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996. The site is also covered by policies CU 113 (Gas Pipeline Safety Zones) and CU 115 (Landfill Gas Monitoring Zones). There are no strategic implications.

3. Consultations and Representations

3.1 SEPA was consulted and did not object to the application but offered comments.

3.2 Scottish Power was consulted and did not object to the application but did advise that there was equipment in the vicinity. 3.3 Scottish Gas was consulted and did not object to the application but advised that it was in close proximity to a high pressure gas pipeline and advised that the Health and Safety Executive was consulted.

3.4 As the site falls within the gas and landfill safety zones the Health and Safety Executive was consulted and does not advise against the development.

3.5 The Conservation and Greening Section advised that a protected species survey be carried out on site with particular focus on bats and breeding birds. This was carried out and the report found that bats were not using the buildings to roost. They also provided comment on the types of planting which should be used in the landscaping to encourage wildlife.

3.6 The transportation team was consulted and did not object subject to conditions involving road geometry, sightlines, traffic calming and parking provision.

3.7 Following standard neighbour notification no letters of objection were received.

4. Planninn Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. This application is not of strategic significance and therefore only requires to be assessed against the Monklands District Local Plan 1991.

4.2 The site is located in an area zoned as GBI Restrict Development in the Green Belt. Policy GBI Restrict states that no development will be permitted except for:

(a) New houses for full time workers in connection with forestry or agriculture (b) Non-residential developments in connection with forestry or agriculture (c) Non-residentialuses requiring a rural location (d) Areas identified as having substantial development potential 4.3 Where no operational need exists the only cases where a rural house would be considered favourably is where there is an existing building or structure capable of sympathetic conversion. Applications of this nature require to be assessed against the Design Guidance on New Houses in the Countryside as contained in the Monklands District Local Plan 1991.

4.4 The Design Guidance suggests that favourable consideration may be given to the sympathetic conversion of redundant buildings, not necessarily last used for residential purposes, where the buildings have traditional appearance and where the renovation will be sympathetic to a countryside location.

4.5 The Design Guidance goes onto suggest that the following criteria should be met: The building should be complete up to wallhead level. The existing structure should form the main part of the new building with any increase in floor area not increased by more than 50%. The proposed house should generally be of traditional design and should have adequate vehicular access and drainage. The proposed renovations/enlargements should be sympathetic for a countryside location. Traditional features should be retained and included in the design. Externally the buildings should be finished in stone or a whiteheam harl and the roof should be of slate or suitable slate alternative. Detailed design should include such features as sash windows with vertical emphasis and may also include chimney features. Extensions to and renovations of the existing building should match materials and features of that building where possible and where appropriate. 4.6 In addition Policy HG5 of the local plan seeks to encourage residential development in declining rural settlements through measures including the conversion and rehabilitation of existing cottages and redundant farm buildings in rural areas.

4.7 It is considered that the proposed conversion and extensions accord with all of the above criteria in that the buildings are all completed up to wallhead height with roofs in situ, are not extended by more than 50% of the footprint, the new design elements reflect traditional styles, incorporate features and utilises acceptable materials.

4.8 The Finalised Draft North Lanarkshire Plan is a material consideration. Policy ENV4 Assessing Development in the Green Belt is relevant. Point 4 relates to assessment criteria for proposals to restore, renovate and convert redundant buildings in the Green Belt:

the existing buildings are of vernacular interest, with external walls and roof substantially complete development would not lead to effective demolition and reconstruction of the building the building is no longer capable of reasonably beneficial use for the purpose for which it was designed, or last used, and is capable of accommodating the proposed conversion the proposed use will be compatible with its location and adjoining uses extensions are of appropriate scale, design and materials.

4.9 It is considered that this policy supports the proposed development.

4.10 The Developers Guide to Open Space is relevant and requires that the new dwellinghouses have rear gardens in excess of 100sq.m and a length of 10 metres. The plots all achieve these requirements with the exception of Plot 7 which is existing. A garage takes up most of the rear garden area, however, there is garden ground to the side of the dwellinghouse and therefore it is considered acceptable in this case. The proposed layout in terms of garden ground is considered acceptable in this regard.

4.11 Plot 4 has a dormer window facing onto the front garden ground of plot 5. It is considered that this is acceptable in this instance and is unlikely to give rise to unacceptable privacy issues.

4.12 As noted above the Transportation section did not object subject to conditions. The conditions were considered to be inappropriate for such a relatively small rural development and was seeking to introduce a very urban design to the road layouts. The plans have been revised to incorporate a road to adoptable standards together with required footpaths and incorporate traffic calming measures.

4.13 Each plot has a garage and either in curtilage parking or allocated parking spaces which meets the parking provision requirements. The exception to this is Plot 3 which only has 2 allocated bays accessed from a parking courtyard. This can easily be accommodated adjacent to the two allocated Plot 3 bays and the provision of an additional space can be conditioned.

4.14 Taking the above into account it is Considered that the proposal accords with the relevant local plan policies and associated design guidance criteria. No objections have been received in respect of the proposal. It is therefore recommended that planning permission be granted subject to conditions. Application No: C/08/00973/FUL

Date Registered: 27th October 2008

Applicant: K2 Properties & Developers Ltd Clo Agent

Agent Ross Woods Architects 4 Somerset Place Glasgow G3 7JT

Development: Construction of 6 Flats and 3 Shops (Two Hot Food Takeaway & One Class 1 Retail Unit)

Location: 31 Main Street Glen boig Coatbridge North Lanarkshire ML5 2QT

Ward: 6 Coatbridge North & Glenboig Councillors Clarke, McWilliams, Shields and Wilson

Grid Reference: 272273 668518

File Reference: CIPLIGBM03031/SMI/EL

Site History: C/99/01083/FUL Change Of Use From Social Club To Use For Storage Of Exhibition Materials granted 08.10.1 999 C/05/01971/FUL Demolition of Storage Building and Erection of Three Shops (One Class 1 and Two Class 3 Hot Food Takeaways) and Two Flatted Dwellinghouses,Associated Parking and Landscaping granted 08.03.2006

Development Plan: The applications site is located in an area Designated as ECON 8 (General Urban Areas) in the Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Contrary to Development Plan: No

Consultations: SEPA (no objection) Scottish Water (no objection) Scottish Gas Network (no objection) Scottish Power (no objection) Representations: 3 letters of representation received.

Newspaper Advertisement: 3rdSeptember 2008 (Bad Neighbour) Planning kpplrcation No C1(38fUD973FUL Canstructrun of 6 Flats arid 3 Shops (Tw Hut Foud Takeaway & One Class 1 Retail Unit) msw.- m**-m 31 Main Street, Glenbuig, Coatbrrdge RS %-fi-csss*=%-. Jlt Representation %%%E%%-? Representabon recewed from Councillor Martin ~~~~lliam~ ‘as?’ss%wa - and one representation outwth map area Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

08/02 Drg 1 08/02 Drg 2 08/02 Drg 3

Reason: To clarify the drawings on which this approval of permission is founded

3. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: In the interests of the visual amenity of the area.

4. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt this shall include a 2m screen along the western boundary of the first floor deck.

Reason: In the interests of the visual amenity of the area.

5. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing: (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted: (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneouslywith the development of the site.

Reason: In the interests of visual and residential amenity

6. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 6 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

8. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed footpaths (b) the proposed parking areas (c) the proposed external lighting provided for the area(s) (d) the proposed grassed, planted and landscaped areas (e) the proposed fences to be erected along the boundaries

Reason: In the interests of the visual amenity of the area.

9. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 8 shall be in operation.

Reason: In the interest of the amenity of the site and the general area.

10. That a visibility splay of 2.5m metres by 45 metres, measured from the road channel, shall be provided to the left along Main Street and a visibility splay of 2.5m by 90m shall be provided to the right along Main Street and before the development hereby permitted is first occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety.

11. That PRIOR to any works starting on site and notwithstanding condition 2 above a revised block plan shall be submitted for the written approval of the Planning Authority. This plan shall show:

(a) A 5.5m wide drop kerb access footway crossing arrangement paved for the first 2 metres behind the heel of the footway; and (b) A 1m off set at the end of each parking isle

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway. 12. That BEFORE the development hereby permitted is first occupied or brought into use, all the parking and manoeuvring areas approved under the terms of Condition 11 above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the site.

13. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11, The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

14. That any remediation works identified by the site investigation required in terms of Condition 13 , 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.

Background Papers:

Application form and plans received 27th June 2008

Letter from Scottish Environment Protection Agency received 5th December 2008 Letter from British Gas received 4th September 2008 Letter from Scottish Power received 17th September 2008 Letter from Scottish Water received 16'h September 2008

Memo from Protective Services received 20th January 2006 in respect of application C/05/01971/FUL

Letter from J Kelly, 37 Main Street, Glenboig, received 10th July 2008. Letter from J Sexton, 14 Academy Street , Coatbridge , North Lanarkshire, ML5 3AU received 5th September 2008. Letter from Councillor Martin McWilliams, Ward 6 - Coatbridge North And Glenboig, North Lanarkshire Council , Civic Centre , Motherwell, ML1 IAB, received 8th September 2008.

Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.

Date: 19 March 2008 APPLICATION NO. C1081009731FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is being sought for the demolition of a single storey storage building and erection of a 10.8m height building that would incorporate, three shops (one class 1 and two class 3 hot food takeaways) on the ground floor and 6 (two-bed) flatted dwellinghouses above.

1.2 The site is located to the south side of Main Street and measures 24m x 70m providing an overall development area of some 0.168 ha. The site is bounded to the west by an existing dwellinghouse, to the north by a meeting hall, to the east by a church hall and to the south by some scrub woodland. A culvert watercourse runs along the western boundary and opens out at the southern portion of the site. There is a row of trees along the western boundary of the site.

1.3 The site was originally used as a Social Club but was last used as a storage facility. The building has been vacant for some time and will be demolished to allow the site to be redeveloped.

1.4 The proposed building has a traditional front-to-back pitched roof with dormer windows and a ridge height of 10.8m. The building would have a footprint of 322 sqm.

1.5 Access would be taken from Main Street, with parking to the front of the building for the commercial units and parking to the rear for the flatted units above.

1.6 Planning permission (C/05/01971/FUL) for the Demolition of Storage Building and Erection of Three Shops (One Class 1 and Two Class 3 Hot Food Takeaway) and two flatted dwellinghouses was approved by the Planning and Transportation Committee for this site on the 1st of March 2006.

2. Development Plan

2.1 The application site is located in an area designates as ECON 8 (General Urban Areas) in the Monklands District Local Plan 1991. There are no strategic issues.

3. Consultations and Representations

3.1 Scottish Water, Scottish Gas, Scottish Power and SEPA do not object to the application

3.2 The Transportation Section has recommended refusal due to concerns over the substandard visibility splays along Mains Street from the proposed site entrance and the internal parking layouts.

3.3 Following standard neighbour notification procedures and press advertisement 3 letters of representation were received, one of which was received from Councillor McWiIliams. The main points of objection can be summarised as follows:

(i) Increase in height to accommodate an extra tier to three stories is unacceptable (ii) The development will overshadow neighbouring property (iii) The development will generate noise (iv) Traffic and parking arrangements will have an unacceptable (v) Neighbour notification was not issued correctly (vi) Some of the land is not in the ownership of the applicant. 4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning Scotland Act 1997 requires that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. This application raises local issues and therefore requires to be assessed against the policies contained within the Monklands District Local Plan 1991.

4.2 The site falls within an area zoned as a general urban area (ECON 8) in the local plan. The proposals also need to be assessed under the terms of policies COM 10 (Hot Food Shops) and COMI 1 (Social, Entertainment and Commercial “Bad Neighbour” Uses). The Council’s Design Guidance on lnfill Housing, Developer’s Guide to Open Space Space Around Dwellings and Shopfront Design are also relevant.

4.3 Policy ECON 8 (General Urban Areas) allows the principle of mixed uses to be retained provided there would be no adverse environmental affects. The principle of the mixed use development is acceptable under the provisions of policy ECON 8 (General Urban Areas) and this has been established through the granting of a similar scheme in March 2006. The associated Design Guidance implications are discussed below.

4.4 Policy COM 10 sets out to ensure that an adequate external ventilation duct can be installed to ensure all cooking odours and fumes can be dispersed with no adverse impact on surrounding residents. The proposals include an external flue system attached to the gable elevation and terminating lmabove the eaves height. A flue was included in the previous application to which protective services did not object and circumstances have not significantly changed in this regard.

4.5 Policy COM 11 relates to commercial bad neighbour uses such as hot food takeaways as proposed. The policy seeks to protect the amenity of local residents from such uses. To determine the impact of the proposals in the surrounding area, the terms of other relevant design guidance and policies require to be assessed.

4.6 The Design Guidance on lnfill Housing states that where a site is closely bordered by other buildings, any new development should be of a similar scale and should match materials, roof and floor heights and window patterns of surrounding buildings wherever possible.

4.7 There are a mix of styles, heights and uses of buildings along this section of Main Street and there is no uniform building line. The north side of Main Street occupies an elevated position and has 3 substantial buildings in height (two church buildings and an industrial building). The buildings on either side of the site a single storey (dwellinghouse and church hall). The development would be set back from the main road and taking into consideration the previous application the design and height of the building is considered acceptable. The height of building is 0.5m higher than the previous scheme for the site and this is considered acceptable in this location. The privacy of the neighbouring dwellinghouse shall be protected from the raised deck by a screen fence. This is required by condition. The development passes the sunlight test. The impact of the whole development will have less of an impact on the neighbouring dwellinghouse than the scheme previously approved in 2006 as the building has been repositioned within the site and is now 5m away from the shared boundary.

4.8 The Developers Guide to Open Space advises that 20 sq.m of open space should be provided for each bedroom in the development. The 6 flats have a total of 12 bedrooms therefore requiring open space of 240 sq.m. This is area is achievable on site as there is a first floor deck of 148sq.m to the rear of the building and further open space of approximately 96 sq.m at the south of the site. This is considered acceptable. 4.9 The Transportation Section recommended refusal due to concerns over the substandard visibility splays along Mains Street from the proposed site entrance and the internal parking layouts. The applicant was advised and has altered the internal layout of the site. It is acknowledged that there is substandard visibility however given that there is an existing well established access already and that planning permission for a similar scheme was granted in 2006 this is considered acceptable. Conditions are proposed to ensure the maximum visibility possible will be achieved.

4.10 The internal site layout provides a total number of 23 parking spaces. 11 spaces are provided to the rear and these will serve the 6 flats. Flats require 1.5 spaces per unit and therefore 11 is more than adequate. The shops to the front require 13 parking spaces based on the total floor area. 12 are shown on the plans and this is considered acceptable as this is the number previously approved.

4.1 1 The Finalised Draft North Lanarkshire Local Plan is a material consideration and has not allocated the site for a particular use. There is therefore no policy conflict.

4.12 Other technical matters raised by consultees can be addressed via conditions or advisory notes.

4.13 The points of objection are addressed as follows:

It is acknowledged that the building will increase in height from 10.35 m (as previously approved) to 10.8m. The previously approved design already had accommodation over three levels so there is no additional tier being added. The sunlight daylight test indicates that it will not overshadow the neighbouring dwellinghouse and will have less impact than the scheme previously approved as it is set further back from the boundary. It is accepted that there will be an increase in noise but this would be expected with any commercial units and flats. The principle of this development has been established through permission C/05/01971/FUL and it is considered that the additional 4 flats would not cause a significant increase in noise levels. The potential for noise already exists with the established use. The layout accommodates adequate parking provision for the flats at the rear and the commercial units to the front of the site. The applicant was advised of an additional neighbour to be notified and this was carried out. Land ownership disputes are not a material planning consideration. The applicant has confirmed that the site is within his ownership.

4.14 Taking the foregoing into account it is considered that the proposal accords with the provisions of the Monklands District Local Plan 1991 and associated Design Guidance. Due consideration has been given to the points of objection raised; however, these were not found to merit the refusal of the application. It is therefore recommended that planning permission be granted subject to conditions. Application No: C/08/01163/FUL

Date Registered: 22nd October 2008

Applicant: Boots The Chemist D94 1 Thane Road Beeston Nottingham NG90 IHQ

Agent Styles & Wood Store Planning Innovation House Apex Business Park Ruddington Lane Wi lford Nottingham NGll 7DD

Development: Installation of Condenser Units to Rear of Building

Location: 44 Woodside Street Kirkwood Coatbridge North Lanarkshire ML5 5NJ

Ward: 9 Coatbridge West Councillors: Smith, Welsh and Maginnis

Grid Reference: 271873 664069

File Reference:

Site History:

Development Plan: Monklands District Local Plan 1991, Including Finalised First Alterations A, 6 & C September 1996

COM 5 (Local Shopping Areas)

Contrary to Development Plan: No

Consultations: None

Representations: 2 letters of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That 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 the prior written approval of the Planning Authority.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That the proposed development shall incorporate the fixing recommendations as noted in the supporting RMP Acoustic Consultants Noise Assessment (D/4879/09) of 18 February 2009.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 7th August 2008

Memo from Head Of Protective Services received 3rd November 2008

Letter from Mr William Hogg, 6 Woodside Street, Kirkwood, Coatbridge, ML5 5JN, North Lanarkshire, ML5 5NJ received 13th November 2008. Letter from W Hogg, 6 Woodside Street, Kirkwood, Coatbridge, North Lanarkshire, ML5 5NJ received 8th September 2008.

Monklands District Local Plan 1991, Including Finalised First Alterations A, 6 & C September 1996

Any person wishing to inspect these documents should contact Mr William Shand at 01236 812231

Date: 12 March 2009 APPLICATION NO. C1081011631FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought for the installation of condenser units which would be positioned on the rear elevation of a retail unit at 44 Woodside Street, Coatbridge. The property is an end terraced ground floor shop located in a predominantly residential area of Coatbridge. The entire building is three storeys in height with commercial premises on the ground floor and two storeys of residential properties above. The shop is currently used as a pharmacy, with a new pharmacy planning to move into the unit. The property consists of a glass frontage with a red veranda cover over the street frontage of all the units. To the rear of the property is a car parking and service area.

1.2 The applicant proposes to erect the condenser units above and to the side of the rear entrance door to the shop unit. Two units in total would be erected which would be sited one on top of another. The units would be positioned approximately 2 metres from the nearest window of the residential property above. The purpose of these units is to provide internal air conditioning for the shop unit. The units would be of a simple rectangle box design and would be white in colour. Each unit would be 0.78 m wide, 0.55 m high and 0.29 metres deep. The applicant has provided a design and access statement to support the application. A noise assessment of the condenser units has also been submitted by the applicant.

2. Development Plan

2.1 The relevant development plan is the Adopted Monklands District Local Plan 1991.

2.2 This site is designated as COM5 (Local Shopping Areas) within the Adopted Monklands District Local Plan 1991. The area is also designated as COM 7 (Upgrade Shopping Centres).

3. Consultations and Representations

3.1 Following the submission of the noise assessment carried out by an engineer on behalf of the applicant, the Protective Services Section have stated that they are satisfied with the findings of the report and thereby the development as a whole.

3.2 Following the standard neighbour notification process two letters of objection were received from a single objector. The points of objection are summarised as follows: (a) That they had not seen the plans submitted by the applicant

(b) That there is a potential noise impact from this development.

(c) That previous work to the shop unit resulted in a nuisance to residents through noise and smells.

4. Plannina Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. This area is designated as COM 5 (Local Shopping Areas) within the Adopted Monklands District Local Plan 1991. This policy is of little relevance to an application of this nature but does confirm that this site is preferred for retail suggesting that ancillary development to these units would be acceptable. 4.2 The main consideration for this application is the potential noise nuisance from the condenser units to the surrounding residential properties. It is noted that there is a residential property directly above the residential unit. The applicant indicated that the units would not be operational before 7am and would be switched off before 10pm. The noise assessment has indicated that there would be no significant noise nuisance created by the units. Protective Services have stated that they are satisfied with the findings of the noise assessment. It should be noted that the noise assessment states that the condenser units should be properly fixed away from the building thereby reducing vibration and additional noise. A condition is recommended to secure these details.

4.3 The units would be positioned to the rear of shop unit on a non-prominent elevation there would be no significant visual amenity issues. This is aided further by the fact that this elevation fronts onto a relatively well screened car park, not readily used by the public and not easily seen from the surrounding area. Therefore the design and positioning of the condenser units would be seen to be acceptable.

4.4 In relation to the grounds of objections, the following comments can be noted: (a) The plans have been available for public inspection since the application was received.

(b) Please refer to paragraph 4.2.

(c) The nuisance from an unrelated development implementation is not a material planning consideration.

4.5 In conclusion, having regard to the foregoing, the proposed development is considered to be acceptable. The applicant has proved that any noise generated from the units would not be at a significant level to be seen as a statutory noise nuisance. The condenser units would be of adequate design and would be positioned so as to not cause a significant visual impact. It is therefore recommended that the application be granted subject to the stated conditions. Application No: C/09/00044/FU L

Date Registered: 19th January 2009

Applicant: Network Rail Buchanan House 58 Port Dundas Road Glasgow G4 OLQ

Agent Jacobs Engineering UK Ltd 95 Bothwell Street Glasgow G2 7HX

Development: Construction of Railway Station, Car Park and Associated Works

Location: Caldercruix Railway Station Station Road Caldercruix North Lanarkshire ML6 7QN

Ward: 07 Airdrie North Councillors Campbell Cameron, Sophia Coyle, McGuigan & Morgan

Grid Reference: 282002667705

File Reference: C/PL/CCM03007200/1J/EL

Site History: 06/00542/FUL Erection of 24 No. Dwellinghouses with Associated Road and Services - Withdrawn 07/00539 Erection of 23 Dwellinghouses with Associated Roads - Granted 2008

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, 8 & C September 1996

Contrary to Development Plan: No

Consultations: SEPA (No objections) Scottish Water (No response) British Gas (No objections) Scottish Power (No objections)

Representations: 12 letters of representation received.

Newspaper Advertisement: Advertised on 4th February 2009 Planning CIppllCgtion No. C~~4~FUL Construction ofRarkngySt&ion, Car Paik and Associated Work Caidercfuix Railway Station, Statlan Road, Cgidercruk Represant&iin W From Councillor Morgaf A Representations Made Outwith Map Area tMI0 %I% * Reprasentzaions Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers :LC84-057-CV-DRG-002734 P04:LC84-057-CV-DRG-002735 PO31 LC84-057-CV-DRG-002736PO1 LC84-057-CV-DRG- 002737 P02: LC84-057-CV-DRG-002738 PO21 LC84-057-CV-DRG-002739 P02: LC84-057-CV- DRG-002740 P02:

Reason: To define the permission

3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

4. That prior to any works of any description being commenced on site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and approved in writing by the Planning 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 that the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall be provided even when discharge is proposed to the public sewers notwithstanding any conditions imposed by Scottish Water.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest SEPA guidance.

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. Following the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents.

6. Notwithstanding the terms of Condition 5. above, a Flood Risk Assessment shall be submitted to 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. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy 7 (SPP 7): Planning & Flooding and Planning Advice Note 69 (PAN 69): Planning 8, Building Standards Advice on Flooding.

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 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 the development hereby approved starts, a report which adheres to guidance given in BSI0175.2001 Investigation of Potentially Contaminated Sites, Code of Practice, and describes the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority, and shall include proposals to remove or render harmless these contaminants, having regard to the proposed use of the site, to be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the proper treatment of the site in the interests of health and safety.

9. That following the completion of all or any of the works required under the terms of condition no. 8 above, a certificate from a Chartered Engineer or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance with condition no. 9 in the interests of health and safety.

10. That BEFORE the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority from Scottish Water that all the requirements of Scottish Water have been fully met, and shall demonstrate that the development will not have an adverse impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

11. 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 the surfacing works, and clearly marked out and shall, thereafter, be maintained as parking, manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the site.

12. That BEFORE the development hereby permitted is brought into use, or as otherwise agreed in writing by the Planning Authority, details of a Traffic Calming Scheme for Main Street, Station Road and any other roads around the site that are deemed to be directly affected by the development, shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of traffic safety and to enable the Planning Authority to consider these aspects in detail.

13. That the Traffic Calming Scheme approved under the terms of Condition 12 above shall be implemented prior to the development hereby approved being brought into use, or as otherwise agreed in writing by the Planning Authority.

Reason: To ensure the provision of satisfactory traffic safety measures around the site. 14. That a visibility splay of 4.5 metres by 60 metres (alternatively 4.5 metres by 35 metres if traffic calming is introduced), measured from the road channel, shall be provided in both directions along Station Road from the proposed new car park access.

Reason: In the interests of traffic and pedestrian safety.

15. That BEFORE the development hereby permitted starts, details of the proposed design and construction of the realignment of Station Road shall be submitted to and approved by the Planning Authority in accordance with the standards and specifications adopted by the Roads Authority as described in the Roads Guidelines published by the said Roads Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

16. Notwithstanding the details approved under condition 2 above, before the development hereby approved starts, amended proposals shall be submitted to and approved by the Planning Authority of the proposed Drop Off facility to be located on the south side of Station Road.

Reason: In the interests of traffic safety and to enable the Planning Authority to consider these aspects in detail.

Background Papers:

Application form and plans received 19th January 2009

Letter from British Gas received 2nd February 2009 Letter from Scottish Power received 12th February 2009 Letter from SEPA received 13'h March 2009 Memo from NLC Geotechnical Section received 5'h March 2009 Memo from NLC Transportation Section received 1gth March 2009

Letters from Bell, Russell & Company, Solicitors And Estate Agents, 111 Graham Street, Airdrie acting for Mr & Mrs E Merry, 2 Stephens Avenue, Caldercruix, received 20thJanuary, 12'h & 20th February 2009. Letter from Mr & Mrs E Merry, 2 Stephens Avenue, Caldercruix, Airdrie, ML6 7UL received 20th January 2009. Letter from George Donaldson, Minister, Caldercruix and Parish Church, received 28th January 2009. Letter from Mrs Tracey Brady, 38 Glen Road, Caldercruix, Airdrie, ML6 7PZ received 29th January 2009. Letters from Mr John Peter, 46 Station Road, Caldercruix, ML6 7QN received 22nd January 2009 and 1 IthMarch 2009. Letter from George Donald, The Manse, 1 Main Street, Caldercruix, ML6 7QN received 28th January 2009. Letters from Miss Z M Bamford, 3 Stephens Avenue, Caldercruix received 30thJanuary and 10th February 2009. Letter from Matthew Sloan, 3 Millstream Cresc, Caldercruix ML6 7RJ received 17'h February 2009 Letter from William Potts, 72 Station Road, Caldercruix, ML6 7QN received 2"d March 2009

Letter from Councillor Thomas Morgan, Convener Audit And Governance Panal, Ward 7, Airdrie North, Civic Centre, Windmillhill Street, Motherwell, MLI IAB received 5th February 2009. Letter from Jacobs, 95 Bothwell Street, Glasgow, G2 7HX received 16'h February 2009 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 Glasgow and Clyde Valley Structure Plan 2000

Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382.

Date: 20/3/09 AP PLlCAT10 N N 0. C/09/00044/FU L

REPORT

1. Description of Site and Proposal

1.I The application site is made up of 2 detached areas of ground located within the settlement of Caldercruix. The proposal involves the construction of a new Rail Station on the site of the Old Caldercruix Station (Area A) and the construction of a car park on a vacant site close to the new station (Area B).

1.2 The new rail station will be located on land to the south of Station Road, to the west of an existing railway overbridge (no.51) and on land developed for housing at Millstream Crescent. The site is situated within an area of cutting on the former Airdrie to Bathgate Railway with side slopes and retaining structures on both sides. The surrounding uses are predominantly residential in nature with the properties to the north on Station Road being set at an elevated position. The new station will include 150 metre long platforms on either side of the reopened electrified mainline with a galvanised steel pedestrian overbridge with access ramp and stairs connecting the platforms. 2 modular waiting shelters (for approx. 20 people) will be installed at the back of each platform. The existing access on Main StreeffMilstream Crescent will be upgraded to provide vehicular access to the southern platform for drop off purposes. 11 disabled parking bays will be provided within this southern part of the site and CCTV and lighting will be provided for security purposes.

1.3 The proposed car park is to be located within an area of vacant land approximately 50 metres to the north west of the proposed station on the north side of Station Road. The site measures 0.7 hectares, is currently undulating, covered in overgrowth and bounded to the east, west and north by residential properties. The new car park will accommodate 172 spaces including 2 disabled bays and will contain CCTV and lighting for security purposes. A single point of access will be created into the car park from Station Road and 1.8 metre high weldmesh/close boarded fencing will be erected around the site.

1.4 A pick up and drop off point will be provided at the existing lay-by on Station Road to the north east of the proposed station.

2. Development Plan

2.1 The site is covered by policies HG3/25 (New Private Sector Housing); HG9 (Housing Policy for Existing Residential Areas); TR1/5 (Support Rail Transport); LR7/1 (Develop Network of Long Distance Paths) and TR1/3 (Support Rail Transport) in the Monklands District Local Plan 1991. The proposal raises no Strategic Issues.

3. Consultations and Representations

3.1 Following the standard neighbour notification and public advertisement process a total of 12 letters of representation were received against this proposal. The relevant points of objection are detailed as follows:

a. The proposed footbridge will overlook all the gardens and side windows of the residencies in Stephens Avenue resulting in a lack of privacy for the occupants. The proposed height of footbridge (6 metres) will encourage persons to throw objects from the bridge into the properties in Stephens Avenue.

b. The landscaped area at the entrance to Millstream Crescent will become a meeting place for youths resulting in noise disturbances and drink abuse especially late at nights at weekends. c. Increased noise levels especially in the evenings caused by passengedtrain movements/vibration which will be worsened by pedestrian movement over the steel constructed footbridge. The loudspeaker system will cause additional noise disturbance especially in the evenings.

d. Increased traffic movement on Station Road will cause safety issue for pedestrian/school children who currently walk to school along Station Road. Station Road is currently used by residents for on street parking and is too narrow for the proposed increase in traffic on 154 vehicles in the new car park.

e. Increased volume of traffic on Millstream Crescent and possible illegal parking on this narrow road by train users as well as the adjacent roads at Wyndings, Limelands and Church Place.

f. Proposed height of boundary fence/wall between Millstream Crescent and Stephens Avenue (2 metres) in inadequate and should be increased to give greater security and safety of residents in Stephens Avenue. The existing fence is badly damaged and has been used as a shortcut by youths. Any new barrier should be at least 3 metres and of bricklstone construction to extend the full length of nos. 2 & 3 Stephens Avenue.

g. The proposed footbridge will terminate only 2.6 metres from the curtilage of no. 3 Stephens Avenue and should be relocated further along the platform. Possibility of flipping footbridge and platform to position footbridge at eastern edge of site away from any housing.

h. The value of the properties in Stephens Avenue will adversely be affected by the close proximity of the new station to those properties.

i. Adverse impact of car park on properties on Glen Road through increased noise levels from vehicle engines, public address system and overhead lighting shining into residents properties.

j. New car park will be used by youths to gather in their cars with resultant wheel spinning, loud stereo noise. Station road is currently a bit of a race track although being a 20 mph.

k. The siting of the station will have an adverse effect on the Main Street roadway with increased vehicle movements over the railway bridge for dropping off and disabled parking. The railway bridge, to be replaced by a similar structure, is already a danger being too narrow with restricted visibility for cars.

I. The new car park is on a site susceptible to subsidence and it is debatable whether it can be developed. If not then where will the traffic associated with the new station park?

m. The logical place for the new station is to the east of the existing bridge on Main Street where there is a large area of derelict ground that can easily be accessed from Main Street and is large enough to accommodate both a station and a car park. This alternative location is next to existing bus routes and the village centre and there is additional land immediately to the north (former flats site) that could accommodate any additional parking requirements.

3.2 It should be noted that objectors, Mr & Mrs E Merry of 2 Stephens Avenue, Caldercruix and John Peter of 46 Station Road, Cadercruix have requested that a Site Visit be carried out by the Planning and Transportation Committee prior to the determination of the application should the Committee be minded to grant the application.

3.3 Councillor Morgan forwarded by letter dated 4'h February 2009 copy correspondence that he had received from the Caldercruix and Longriggend Parish Church which raised concerns over this proposal. A copy of that same correspondence was received direct from the Church. 3.3 NLC Transportation Section has been involved in detailed discussions with the applicant following submission of the initial proposals and required significant alterations to both the proposed Rail station and Car park areas as well as the introduction of traffic calming measures on Station road. Amended proposals have now been submitted to satisfy the Transportation Section’s requirements. NLC Protective Services Section has offered no objections to the proposal. NLC Geotechnical Section has advised that there are no known incidences of flooding in the vicinity of the site.

3.4 SEPA has offered no objection to this proposal on the basis of their proposed upgrading of the Plains Sewage Treatment Works that will serve the development to ensure that overall pollutant loading to the North Calder from Plains & Caldercruix STW will not be exceeded. A condition on any planning permission should require the applicant to treat surface water from the site in accordance with the principles of the SUDS Manual (C697).

3.5 Scottish Power and Scottish Gas offered no objection to this proposal

4. Planninn Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The Glasgow and the Clyde Valley Structure Plan 2006, together with the Monklands District Local Plan 1991 are the relevant Development Plans while North Lanarkshire Council is currently undertaking a review of the Local Plan with the Finalised Draft due to be published for consultation. This Draft Plan is a material consideration.

4.2 Glasaow and the Clvde Vallev Sfrucfure Plan 2006

In terms of the Glasgow and the Clyde Valley Structure Plan 2006 the development of improved transport links as part of the European transport network to assist in achieving social and economic cohesion is seen as a key element of the Structure Plan. The Structure Plan also encourages the improvement of public transport access and the road and rail network serving the “Corridor of Growth” which will link the major centres of employment and services for all communities. Caldercruix lies within the “Corridor of Growth”.

Under the Strategic Development Priorities section of the Structure Plan the Airdrie to Bathgate Rail Line is specified as a Joint Transport Priority Commitment (Schedule l(e)). Schemes under Schedule 1(e) collectively “contribute significantly to the target of doubling the proportion of the population in the area who have good access to a dedicated public transport system”.

The Integrated Land Use and Transportation Framework section of the Structure Plan states that the movement of people and goods across the (Structure Plan) area is essential to the implementation of the Metropolitan Development Strategy in respect of Economic Competitiveness, Social Inclusion and Environmental Quality. The proposed new railway station would provide greater choice and improve accessibility, will provide new opportunities for economic competitiveness and social inclusion and will also provide a sustainable transport option that can help reduce traffic levels.

Schedule 4 of the Structure Plan also specifies that rail stations in North Lanarkshire are one of its priorities in investing in the strategic Transport Network Development Proposals, which help to increase the effectiveness of the existing network.

The proposal is therefore considered to be compliant with the principles of the Structure Plan. 4.3 Monklands District Local Plan 1991

In terms of the adopted Monklands District Local Plan 1991 the application site, being of 2 specific detached parts, is covered by the following policies:

Area A (Station) - Policies HG9 (Housing Policy for Existing Residential Areas); TR1/5 (Support Rail Transport); LR7/1 (Develop Network of Long Distance Paths) and TR1/3 (Support Rail Transport.

Area B (Car Park) - Policy HG3/25 (New Private Sector Housing).

Policies TR113 and TR1/5 of the Local Plan support both the re-opening for passenger use of the Airdrie to Bathgate Rail Line and the siting of a new station at Caldercruix. The proposed location for the station (Area A) corresponds with the location of the old Caldercruix station being centrally located within the village.

4.4 The proposed car park site (Area B), together with the surrounding land around Holm Farm, is located within an area specifically designated for Private Housing purposes under Local Plan policy HG3/25 and which was granted outline planning permission (ref:90640) in 1990 for the “erection of 67 individual house plots and internal road layout”. Area B, although forming part of the Holm Farm steading, was specifically excluded from that large development proposal. The subsequent detailed planning applications for individual plots have been built broadly in accordance with the outline permission in a sequence of 5 phases around the approved road layout. Area B was recently granted planning permission (ref:C/07/00539/FUL) for residential purposes (23 units) with a single direct access taken from Station Road. An acceptable alternative form of development for this site, having regard to the surrounding land uses and the close proximity of the proposed new railway station, would be for car parking purposes as proposed subject to satisfactory internal site layout and site accessing arrangements.

4.5 Material Considerations

The Finalised Draft Local Plan is a material consideration in that under the Transport Infrastructure section it is acknowledged that “reopening the Airdrie to Bathgate Rail Line for passenger traffic will benefit public transport connectivity”. The Airdrie to Bathgate Line is specified as a “future opportunity” suggesting that it will connect the area to the high growth economies of Edinburgh and the Lothians and the new station at Caldercruix would form an important aspect of the new railway’s infrastructure, consistent with the aspirations of the Draft Plan. Policy EDI 6 of the Finalised Draft supports the Airdrie to Bathgate Rail Extension as a major transport infrastructure improvement.

4.6 Other material considerations include the National Planning Framework 2004 (NPF) which provides the overall framework to guide the special development of Scotland to 2025 and which specifically lists the Airdrie to Bathgate railway line as one of the Scottish Government‘s transport infrastructure commitments to 2010. SPP 17 (Planning for Transport) seeks to deliver a modern and efficient transport network through the integration of land use, economic development, environmental issues and transport planning. SPP 17 encourages planning authorities to pursue the potential for reopening rail lines, providing new stations or reviving passenger services on existing lines.

4.7 Network Rail, through the Airdrie to Bathgate Railway and Linked Improvements Act 2007 (the “Act”), has authorised the construction of a new railway between Drumgelloch and Bathgate including the provision of new stations, relocated stations and related improvements to the existing railways between Airdrie and Drumgelloch and Bathgate and Edinburgh and associated works including the formation of cyclepaths. This project will provide a passenger rail service running from areas west of Glasgow’s Queen Street station to Edinburgh’s Waverley station via Airdrie and Bathgate, with intermediate stations at Drumgelloch (relocated), Caldercruix and Armadale. The Act provides for the construction of a station at Caldercruix by authorising the limit of land that may be compulsory acquired and granting outline planning permission. The Act authorised construction of a station and car park on the western fringe of Caldercruix on land currently occupied by pulp lagoons of the former Caldercruix Paper Mill. Following extensive ground investigation works it was established that there was a significantly higher level contamination at the site of the proposed stationkar park than originally anticipated and that the entire area, including the removal of the 5 interconnected lagoons, would require to be drained, decontaminated and stabilised for use as a station car park.

Network Rail reviewed those proposals and identified the current application site as the best solution in terms of impacts on the environment and achieving the project programme and budget. As these locations have not been authorised under the Act, separate planning permission is required.

4.8 The proposed location for the station (Area A) lies centrally within the village at the location of the former railway station serving the village. Initially this same site had been considered but was discounted due to technical issues with the track alignment and land ownership. The track alignment has since been redesigned and this now makes the site suitable for a new station as it provides a more central location, gives better pedestrian access for local residents, gives easier vehicular access from the B825 and has closer linkages with existing local bus routes. The proposed location of the new car park (Area B), requiring to be close to the station, is on a site currently vacant and only some 50 metres from the proposed station site.

4.9 Having regard to the points raised in the letters of representation received my observations are as follows:

a. The proposed overbridge will be located some 6 metres from the nearest residential property at 3 Stephens Avenue and the overbridge will also be 6 metres in height at its highest point. However, the design of the bridge will incorporate 1.8 metre high solid panelling along its southern and western elevations to provide a visual screen and prevent overlooking from persons using the overbridge. The other properties on Stephens Avenue are a significant distance from the bridge (over 25 metres) and the provision of a 2 metre screen boundary along the boundary of those properties with the station site will retain their privacy. While the issue of potential anti-social behaviour is not a relevant planning consideration the introduction of CCW facilities within the station should deter such behaviour. b. The applicant proposes to treat this landscaped area with high density planting which should deter access or loitering. Notwithstanding this the issue of anti-social behaviour is not a relevant planning consideration. c. Trains stopping at the station would be decelerating on the approach to the station and accelerating on leaving, rather than travelling at a higher speed through the village. Vibration levels from trains stopping and starting at the station would tend to be of lower magnitudes than that from trains passing through at higher speeds. The public address system will be designed to target sound into specific zones of the station and the volume will be controlled and lowered during unsocial hours. d. Station Road is an adopted road of sufficient width with footways on its northern site opposite the proposed ramplstepped access to the station. The location of the station is central to the village and likely to increase the number of persons walking to the station rather than using vehicles. The car park has been designed to exceed the modelled likely demand and no resultant increase in on street parking on Station Road should result. e. Taken that a number of existing properties will be demolished to accommodate the new station and the layout will only accommodate 11 disabled parking bays with small scale drop off provision then it is not anticipated that there will be any discernable difference in the volume of traffic using Millstream Crescent or the adjacent roads. f. Network Rail has given a commitment to the local residents that appropriate boundary treatment will be put in place between Millstream Crescent and the properties on Stephens Avenue. The proposed new 2 metre high wall or fence is considered to be sufficient while a higher screen, 3 metres as suggested, would be visually obtrusive, over dominant and unnecessary. g. Technical advice received from Network Rail has confirmed that there is no opportunity to relocate or "flip" the footbridge due to the gradients at this location. The proposed ramps need to meet the requirements of the Disability DiscriminationAct and this could not be achieved by relocating the bridge towards the eastern edge of the site. h. Property values are not material considerations. I. The Environmental Appraisal concluded that the impact of noise from the car park on surrounding properties is expected to be minor. There will be no public address system within the car park and the overhead lighting will be directed towards the car park and away from the adjacent properties. I. The layout of the car park is such that cars should only travel at 5mph through the introduction of kerbing separating the parking bays. The provision of CCTV equipment should deter potential misuse of the car park although anti-social issues are not relevant planning considerations. k. As with e above. I. Network Rail is aware of the potential ground stability problems associated with the car park site although they are confident that engineering solutions are available to resolve this issue. It is relevant to note that planning permission was recently granted by North Lanarkshire Council for residential development on this same site. m The suggested alternative location is unsuitable due to a number of issues such as difficulties in resolving track alignmenugradient,lack of powers to purchase additional land or provide anything other than a replacement of the existing bridge deck. In addition, the close proximity of any alternative station parking to two junctions to the east would introduce a potential road safety issue.

4.9 While the Transportation Section had initially raised some concerns over certain aspects of the proposal following discussions and amendments to the station and car park the amended proposals now accord with their requirements and are considered satisfactory. A scheme of traffic calming will also be introduced on Station road, details of which will be agreed with the Transportation Section. None of the statutory consultees offered any formal objections against this proposal.

4.10 In terms of the development plan the proposal accords with the Structure Plan, Monklands District Local Plan 1991 and other material considerations including National Planning Guidance which all promote improved public transport access through the reopening of the Airdrie to Bathgate Rail Line. The provision of a new railway station within Caldercruix is in accordance with the provisions of the Airdrie to Bathgate Railway and Linked Improvement Act (the Act) and the proposed site for the new station is seen as an acceptable location having regard to the major environmental and structural constraints identified at the previously considered Paper Mill site at the western edge of the Village. The layout of both the station and car park areas are considered to be of an acceptable standard and incorporate the specific design standards required for a development of this nature. While the points of objection are noted I do not consider that these merit the refusal of this planning application. I therefore recommend that planning permission be granted subject to the attached conditions. Application No: C/09/00053/FUL

Date Registered: 21st January 2009

Applicant: Mr & Mrs Charters 3 Coathill Steadings Coathill Farm Road Luggiebank Cumbernauld

Agent Ross Woods Architects 22 Sundale Avenue Glasgow G76 7SZ

Development: Proposed Stable Development Comprising Erection of Three Stable Blocks and Erection of Temporary Log Cabin Containing Manager's Living Accommodation and Office along with the Formation of Access Road, Car Parking, Horse Riding Areas and Paddock

Location : Land To The East Of Milncroft Farm Millcroft Road Cumbernauld North Lanarkshire

Ward: 7 Airdrie North Councillors Cameron, S. Coyle, McGuigan, & Morgan

Grid Reference: 275371 672013

File Reference: C/P L/RGM542/CM N/E L

Site History: 08/013OO/FUL Construction of Stables and Ancillary Buildings - Withdrawn 2"' February 2009 04/01818/FUL Conversion of Farm Steading to Create 5 New Dwellings - Granted January 2005 Development Plan: Glasgow and the Clyde Valley Structure Plan 2000 incorporating the Third Alteration 2006. Zoned as GBI : Restrict Development in Greenbelt in the Monklands District Local Plan 1991, including Finalised First Alterations A, B & C September 1996. Contrary to Development Plan: No

Consultations: West of Scotland Archaeology (cornments) Comments were received for Application 08/013OO/FUL (see report) Scottish Natural Heritage Scottish Environment Protection Agency Scottish Water

Representations: 6 letters of representation were received in respect of application C/08/01300/FUL (see report) Newspaper Advertisement: Advertised on 11th February 2009 Stable blocks and Erectibn of Temporary Log Cabin Containing Manager's Lning ~comm~dationand Office along with the Formation of Access Road, Car Parking, Horse Riding Areas and Paddock N L-L,. r22~s%F- Land To The East Of Milncrof? Farm, Millcraft Road, Curnbernauld rr:rrc A m-i.-;=71= * Representattons FM to scalr+- se%%?%-?Plus Petition from Milncrofi Residents Association and ae&lW##- one Representation Outwith Map Area all ~~~~plica~t~n08101 3001FUL Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That the temporary living accommodation hereby permitted shall be for a maximum period of 3 years after which, unless as is othenvise agreed in writing with the Planning Authority, the structures, hard standing, access, and fences associated with the temporary living accommodation shall be removed and the land re-instated to an agricultural use, all to the satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control in line with the temporary nature of that part of the development.

3. That within 1 week of the first occupation of the temporary accommodation, hereby approved, the applicant shall notify the Planning Authority in writing of the date of entry for the purposes of residential occupation associated with the stables business.

Reason: To clarify the start point for the three year temporary permission

4. That the occupation of the temporary residential accommodation hereby permitted shall be limited to a person employed full-time in connection with the stables business, hereby approved, or a dependent(s) of such a person, residing with them.

Reason: To accord with Green Belt Policy and to enable the Planning Authority to retain effective control.

5. 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, and shall, thereafter, be maintained as parking and manoeuvring areas. For the avoidance of doubt, the parking layout shall be amended to provide to extra spaces, details of which shall first be submitted to and approved in writing by the Planning Authority.

Reason: To ensure the provision of adequate parking facilities within the site.

6. That a visibility splay of 2.5 metres by 120 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic safety.

7. That full details of the position and style of signage indicating the presence of a passing place along the unadopted section of Milncroft Road shall be submitted to and approved in writing by the Planning Authority. The approved sign shall be erected before the development is brought into use.

Reason: In the interests of traffic safety. 8. 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. 4103/03; for the SUDS is inadequate for the purpose, a revised layout drawing for this part of the proposed development shall be submitted to and for the approval of the Planning Authority prior to any works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

9. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The preferred method for the disposal of septic tank effluent is the provision of a sub soil soakaway system. The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2005. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found @ www.sepa.org.uk.wfd. Surface water should be excluded from the foul drainage treatment system.

In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note : If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa.org.uk/guidance or from any SEPA office).

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

10. That all run-off from contaminated yards, manure heaps and stable washing must be contained and disposed of in such a manner that water pollution will not occur, as detailed in the Code of Good Practice - Prevention of Environmental Pollution from Agricultural Activity, which is available from the Scottish Executive's website http://www.scotland.gov.uk/library5/environment/pepf- OO.asp or from any SEPA office. Field heaps for the storage of manure should not be located near field drains, within 10 metres of a watercourse or 50 metres of a spring, well or borehole. Good practice advice can be found in SEPA's Pollution Prevention Guideline No. 24 - Stables, Kennels and Catteries, which is available on SEPAs website www.sepa,org.uk or from any SEPA office. Uncontaminated surface water, including roof water, should be disposed of through the use of Sustainable Urban Drainage Systems (SUDS). Any effluent from toilet facilities must be disposed of to SEPAs requirements, with the first choice option being a suitably sized septic tank discharging to land via a closed soakaway system providing soil percolation is favourable and there is no risk to groundwater resources. To comply with the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found @ www.sepa.org.uk.wfd.

Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa.org.uk/guidanceor from any SEPA office.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

11. That any SUDS compliant surface water drainage scheme approved in terms of Conditions 8, 9 and 10 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

12. That BEFORE works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

13. That any remediation works identified by the site investigation required in terms of Condition 13, 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 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 interest of rural visual amenity. 15. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs of all proposed buildings 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 interest of rural visual amenity.

16. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 1 rev G, 2-1 rev C, 2-2 rev C, 2-3 rev C, 3 rev B and 4103/03.

Reason: To clarify the drawings on which this approval of permission is founded.

Background Papers:

Application form, plans, finance plan and supporting statement received 21st January 2009 Bat (trees), badger, otter and water vole survey - Summer Wildlife Survey Ltd, August 2008, received 21st January 2009 Labour Requirement Report, Scottish Agricultural College (SAC), 7'h October 2008, received 21st January 2009

Letter from West of Scotland Archaeology Service received 24th February 2009 E-mail from West of Scotland Archaeology Service received 2"d March 2009

Memo from Transportation received 3'd March 2009

The Glasgow and the Clyde Valley Structure Plan 2000 incorporatingthe Third Alteration 2006 Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 Finalised Draft North Lanarkshire Local Plan, dated 8'h October 2008

Relevant Consultations and Representations from Previous Planning Application C/08/01300/FUL(withdrawn):

Letter from Scottish Natural Heritage received 7th October 2008 Letter from Scottish Environment Protection Agency received 16th October 2008 Letter from Scottish Water received 30th September 2008

Memo from Transportation received 24th October 2008 Memo from Geotechnical Team Leader received 10th December 2008 Memo from Head of Protective Services received 20th October 2008

Letter from Mr & Mrs McColl, 4 Milncroft Steadings, Millcroft Road, Luggiebank, Cumbernauld, G67 4AG received 22nd September 2008. Letter from Mr George Watson, 2 Milncroft Steadings, Millcroft Road, Luggiebank, Cumbernauld, G67 4AG received 25th September 2008. Letter from Mr & Mrs R Scott, 5 Milncroft Steadings, Millcroft Road, Luggiebank, Cumbernauld, G67 4AG received 25th September 2008. Letter from I. Dunlop, 33 Braemar Avenue, Dunblane, FK15 9ED received 20th October 2008. Letter from Mr James Sharkey, 6 Milncroft Steadings, Millcroft Road, Luggiebank, Cumbernauld, G67 4AG received 1st October 2008. Letter from Mr Douglas Noon, 3 Milncroft Steadings, Milclroft Road, Luggiebank, Cumbernauld, G67 4AG received 1st October 2008. Letter from Milncroft Residents Association, C/o Mr & Mrs G Watson & Signatories, Milncroft Steadings, Millcroft Road, Luggiebank, Cumbernauld, G67 4AG received 1st October 2008.

Any person wishing to inspect these documents should contact Mr Christopher McNey at 01236 812375.

Date: 18'h March 2009 APPLICATION NO. C/09/00053/FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is sought for the formation of a horse stabling business and associated buildings including temporary support accommodation at land to the east of Milncroft Farm, Milncroft Road. Cumbernauld.

1.2 The site comprises 4.25ha of grassland located east of Milncroft Farm (see location plan) and slopes gradually from its high point in the southeast corner down towards an embankment of the Shank Burn to the northwest. It is bound to the east by, and accessed via Milncroft Road, which is now a private road. The road is included within the site boundary up to the junction with the adopted section of MilncroftlSpairdrum Road. The site is publicly visible from the south (Milncroft Farm and Milncroft Road) although trees and hedges provide some screening. The adjoining land is rural in nature, with agricultural land and woodland surrounding the site.

1.3 The proposal comprises the erection of three stable blocks, the formation and upgrading of vehicular access and car parking, and the erection of a temporary log cabin as a manager's living accommodation and office, The stables would provide accommodation for a maximum 30 horses and it is the applicant's intention to run a full-time and DIY horse livery and riding school employing a horse riding instructor.

1.4 It is the intention of the applicant to employ a stables manager who would occupy the log cabin and stay at the site on a full-time basis to ensure good husbandry and provide security to the animals. The proposed accommodation would have two bedrooms and an office/lounge and would be in a log cabin style. The applicant has stated that accommodation is required to ensure the safety and wellbeing of the horses given its location and ongoing concerns of anti- social behaviour, including fly-tipping, along Milncroft Road.

1.5 It is noted that a previous application (08/01300/FUL) for a similar development was withdrawn prior to the submission of this proposal (as the description and submission had not included the living accommodation aspect of the proposal). The consultation responses relating to the previous application are considered relevant in the following assessment. Another recent development in the area includes the conversion of the former Milncroft Farm to 5 residential units (0410181 8/FUL granted January 2005).

2. Development Plan

2.1 The proposals require to be assessed under Strategic Policy 1 of the Glasgow and the Clyde Valley Structure Plan 2000 incorporating the Third Alteration as the site is designated as Green Belt.

2.2 The relevant Local Plan Policies are GBI - Restrict Development in Green Belt in the Adopted Monklands District Local Plan 1991 and LI1/1 - Landscape Improvement - High Quality Landscape.

2.3 Under the Finalised Draft North Lanarkshire Local Plan the site is zoned as Policy ENV3 - Assessing Development in the Greenbelt and Rural InvestmentArea. 3. Consultations and Representations

3.1 Scottish Environmental Protection Agency; Scottish Water; West of Scotland Archaeology; and Scottish Natural Heritage offered no specific objections to the original proposal (C/08/01300/FUL) but did raise a number of concerns regarding drainage, construction, waste, water connection, and affect on protected species and wildlife.

3.2 The Transportation Team Leader commented on the current application and provided no objection subject to the satisfaction of a number of conditions. The main comments concerned the visibility along Milncroft Road, the provision of a passing place along the unmaintained section of Milncroft Road, and suitable parking area being provided on site.

3.3 The Pollution Control Team Leader has asked that a site investigation be submitted and any remediation works carried out. The Geotechnical Team Leader has stated that insufficient details of drainage and flooding have been submitted to determine there impacts but did not raise any specific concerns.

3.4 Following the standard neighbour notification procedure and advertisement in the local press there were no letters of representation received for this application.

3.5 It should be noted however, that the previous application (08/013OO/FUL) received 6 letters of representation which covered the following points and included one request for the Committee to visit the site which the objector stated would enable the Committee to understand some of the objections noted below:

i .) Damage to the amenity of the area ii.) Loss of Wildlife iii.) Noise, Pollution, Smell Associated with Horses and Safety iv.) Loss of Privacy v.1 Increased Traffic and Access issues vi.) Unsatisfactory Economics and Employment vii.) Contrary to Planning Policy and Precedent viii.) Spoiled View ix.) Decrease in House Prices

4. Plannina Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan, unless material considerations indicate otherwise. The development plan comprises The Glasgow and the Clyde Valley Structure Plan 2000 incorporating the Third Alteration 2006 and the Adopted Monklands District Local Plan 1991.

4.2 With regards to the Structure Plan, Strategic Policy 1 states that there should be a presumption against isolated and sporadic development in the Green Belt and wider countryside but that it will be for the Local Plan to define the detailed boundaries and policies to safeguard the Green Belt. Therefore where the development accords with Local Plan Green Belt policies it would also accord with the Structure Plan. 4.3 The site is located within an area covered by Local Plan Policy GBI - Restrict Development in Green Belt. Within areas designated as Green Belt no development will be permitted except for:

a) New houses for a full time worker in connection with forestry or agriculture; b) Non residential developments in connection with forestry or agriculture; c) Uses requiring a rural location; and d) Area identified as having substantial development potential.

4.4 In this instance it is accepted that the proposed stables business would require a rural location to provide sufficient open space for the exercise and grazing of horses. The provision of a dwellinghouse to support the operation of the business must also be considered against greenbelt policy (GB1). To grant the erection of a permanent house in the greenbelt without suitable supporting justification would be considered inappropriate.

4.5 In principle the need for a presence to allow efficient and effective on-site security and husbandry of the horses is not disputed. However it would need to be demonstrated that the stabling business is viable and commercially sustainable. The Scottish Agricultural College (SAC) report submitted in support of the application indicates that 2.22 labour units could be supported by the business should it achieve full capacity. The applicant has submitted a finance plan and supporting statement (including market demand and costing information). The applicant has indicated they would undertake the development in two phases and are willing to occupy a temporary residential building (log cabin style) while the proposed business is established with a view of demonstrating it's commercial viability.

4.6 It is considered that the commercial viability of the business needs to be proven over a temporary period of three years. Any subsequent proposal for a permanent dwellinghouse would then be subject to a further planning application and Section 75 Agreement that would legally bind the home to the stable business and restrict its future occupancy to a full-time manager of the business.

4.7 In addition to the greenbelt policy (GBI) the site is also covered by Policy LI1/1 indicating that the site falls within a high quality landscape where the Council, if minded to grant permission for an appropriate development, shall give careful consideration to planning conditions on landscaping, scale, materials, colour, roof lines and detailing of proposal when seen in the context of the surrounding landscape. The application is for three stable blocks and a temporary log cabin. It is considered that the design of these units would not adversely affect the landscape. It is noted that all buildings are low lying and would be finished in birch.

4.8 With regards to the foregoing it is concluded that the proposed formation of a horse stabling business and associated buildings on a temporary basis is an appropriate use for a greenbelt location. The proposal is therefore considered to be in accordance with the Development Plan and should be approved unless material considerations indicate otherwise.

4.9 A key material consideration is the emerging Local Plan Policy where Policy ENV3 of the Finalised Draft North Lanarkshire Local Plan states that the Council will seek to protect the character and promote development in the Greenbelt through restricting development to acceptable types and operating assessment criteria. A proposal for riding stables would be considered an acceptable type of development in principle but it must also meet the following criteria set out in Policy ENV3. The proposal should:

have a positive economic benefit Response: The proposal offers limited economic benefit but it would provide work for the manager of the site and for the horse instructor. In addition it would bring a new business to the area and provide seasonal work for stable hands. It is considered that overall the proposal would provide a positive economic benefit. not pose undue infrastructure implications Response: There are general infrastructure concerns for the proposed development in a rural location, It is considered that the access and drainage concerns raised at the consultation stage can be satisfied by the imposition of conditions and therefore it does not pose undue infrastructure implications.

have a specific locational need Response: It is generally accepted that riding stables require open space and grazing land therefore the proposals are acceptable under specific location need.

be of a suitable scale and form for the location Response: The SAC report indicates that the stocking rate for the proposed number of horses will be difficult to sustain on the grazing area within the site but that purchased forage would alleviate some of this concern. The applicant’s financial plan would appear to have accounted for the additional feed requirements.

be a high qualify enhancement scheme which reinforces the rural character and provides a buffer to the development. Response: The proposed stable blocks are agricultural in design and are acceptable. The applicant has proposed a log cabin and it is considered that this would integrate with the landscape over the 3 year temporary use.

e be supported by robust business plans Response: The applicant has submitted a finance plan that includes, pricing, costing, market demand, set-up costs, and expected balance sheet. They have also indicated their wish that this is kept confidential. The plan suggests the stables business would be viable.

only be supported by houses once the business has been operational for a minimum period of 18 months and is finically viable. Response: The applicant has indicated their willingness to establish the business while using temporary accommodation on-site for three years.

be subject to a legal agreement of occupancy conditions where there are residential aspects Response: The applicant has indicated their willingness to enter into a legal agreement tying any permanent residential aspect to the business.

be supported by independent agricultural experts where residential aspects are proposed Response: The SAC report indicates that it is desirable that a 24 hour residential presence is provided on-site to meet animal welfare and security considerations.

pay heed to PAN 72 Housing in the Countryside where new houses are proposed. Response: I am satisfied that the design and siting of any permanent dwelling could accord with the requirement of PAN 72.

4.1 0 In response to the previously submitted statutory consultation responses for planning application C08/01300/FUL. I would consider that many of the concerns raised can be dealt with by the imposition of conditions. With regards to flooding the Flood Risk maps maintained by SEPA indicate that although a buffer around the Shank Burn is a flood risk area the development of the site would be outwith this flood risk area. In respect of the impact on wildlife the applicant has submitted a Bat, Badger, Otter and Water Vole Survey undertaken by Wild Surveys Limited that concludes the development would not have an adverse affect on protected species. In addition the applicant has indicated that the land immediately surrounding the Shanks Burn, lined with mature trees, would not be altered by the development. 4.11 With regards to comments made by the Transportation, Pollution Control, and Geotechnical sections, there are no significant objections. Outstanding issues can be dealt with by the imposition of conditions.

4.12 In response to the material consideration raised by the letters of representation I would offer the following response:

Damage to the amenity of the area While the landscape is recognised as an attractive feature of the area it must also be recognised that agricultural buildings and farming uses are also a characteristic of the rural area. The proposal would not adversely affect the existing amenity.

Loss of Wildlife I would point to the wildlife survey report that found no evidence of protected species on the site. In addition it concluded that there were adequate areas around the site, i.e. hedgerow and mature trees, within which wildlife would be largely unaffected.

Noise, Pollution, Smell Nuisance associated with Horses and Public Safety With regards to increased noise, pollution, smell, and safety I see no clear reasons to suspect that these would be significant. In each case separate legislation would control these aspects i.e. noise nuisance would be controlled by Environmental legislation, and SEPA can offer controls and guidance on pollution and smell.

0 Loss of Privacy I would point out that the development is some considerable distance (over 200 metres) from the nearest residential properties at Milncroft Steadings and the development would have no adverse affect on the privacy of residents there.

Increased Traffic and Access issues With regards to access and additional traffic to the site I would accept that some additional traffic would be generated and parts of Milncroft Road are unmaintained. Following the comments from the Transportation Team Leader I am satisfied that traffic safety would not be significantly affected.

Impact on Landscape/ Loss of Viewpoint With regards to the loss of a view from public vantage points and neighbouring properties I would point out that safeguarding the right to a view over the applicants land is not normally a material planning consideration and should not restrict development in itself. In considering the outlook from nearby properties I can not support the view that stables and a log cabin building would significantly adversely affect the rural setting or character. Any future application for a permanent dwelling will have to pay particular heed to materials and design to ensure that it complies with design policies including PAN 72.

4.1 3 Taking the foregoing into account it is concluded that the proposed formation of a horse stabling business and associated building complies with the Development Plan. Material considerations are addressed above and there is no outstanding issue of significant weight to indicate that the application should be refused. It is therefore recommended that planning permission be granted for a temporary period of three years and subject to the attached conditions. Application No: C109/00146/FUL

Date Registered: 11th February 2009

Applicant: Springcafe Ltd 86 Main Street Coatbridge North Lanarkshire ML5 3BQ

Agent Graham And Sibbald 18 Newton Place Glasgow G3 7PY

Development: Change of Use of Retail Unit to Hot Food TakeawaylCafe

Location: 86 Main Street Coatbridge North Lanarkshire ML5 3BQ

Ward: 6 Coatbridge North And Glenboig Councillors: Clarke, Shields, Wilson and McWilliams

Grid Reference: 273302665080

File Reference: C/PL/CTM030086000NVS/EL

Site History: 95/05566/ADV Display of Internally Illuminated Fascia Lettering and Internally Illuminated Double Sided Projecting Box Sign (Granted 22.12.1995) 99/00562/ADV Display Of Internally Illuminated Fascia Sign (Granted 10.06.1999)

Development Plan: Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996 COM 3 (Maintain Retail Core Areas)

Contrary to Development Plan: Yes

Consultations: None

Representations: I letter of representation received.

Newspaper Advertisement: Advertised 25 February 2009 Ptanning application No. C~S#U14~Ul Change of Use of Retail Unit to Hot Food TakeawayfCafe ii Recommendation: Approve Subject to the Following Conditions:-

That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- GB7332101 and GB7332/02

Reason: To clarify the drawings on which this approval of permission is founded.

That before the cafe/ take-away is brought into use the external flue as shown on the approved plans shall be fully installed and functioning.

Reason: In the interest of the amenity of the site and the general area.

Background Papers:

Application form and plans received 11 th February 2009

Letter from Maureen Craig, 112 Main Street, Coatbridge, ML5 3BJ received 10th March 2009.

Monklands District Local Plan 1991, Including Finalised First Alterations A, 6 8, C September 1996

Any person wishing to inspect these documents should contact Mr William Shand at 01236 812231.

Date: 11 March 2009 A PPLlCATlO N N 0. C/09/001 46/F U L

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought for the change of use of a retail unit to a hot food takeaway/ cafe. The application property is a two storey commercial unit located within the semi- enclosed parade area adjacent to the Main Street of Coatbridge town centre. This unit and another similar unit lie empty at present within this parade area. The unit has large windows with white upvc frames. The ground floor currently consists of a sales area with the first floor consisting of office space and facilities for staff. The parade is partly enclosed meaning that there is a canopy positioned over the entrance to the unit.

1.2 The applicant proposes to use the unit as hot food takeaway/ cafe. This would involve changing the internal layout of the unit to provide seating and a counter area for service and cooking of the food. The rear of the unit would be used as a food preparation area and disabled toilet facilities. The first floor would include two large toilet facilities for customers and staff, an office and staff facilities. The front of the unit would be slightly altered in that two entrance/ exit doors would be created. An external flue would be created which would project from the roof of the unit. A supporting statement has been provided giving justification for the proposal given its location and Local Plan designation.

2. Development Plan and National Policvl Guidance

2.1 The relevant development plan is the Adopted Monklands District Local Plan 1991.

2.2 The unit is located within an area designated as COM3 (Maintain Retail Core Areas) in the Adopted Monklands District Local Plan 1991. COM 10 (Hot Food Shops/ Restaurants) is also of relevance for this application.

2.3 Scottish Planning Policy (SPP) 8 (Town Centres and Retailing) and Planning Advice Note (PAN) 59 (Improving Town Centres) are also of relevance for this application.

3. Consultations and Representations

3.1 Following the standard neighbour notification process and a press advert one letter of representation has been received from ‘Fresh Fruit and Veg Deli’ at 112 Main Street. The points of objection are summarised as follows:

(a) The town centre of Coatbridge is well catered for, and with fast food outlets and therefore does not require anymore.

(b) In the present financial climate it would not be helpful for another competitor to be opened thereby reducing takings and creating financial problems for existing outlets. 4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. The unit is located in an area designated as COM 3 (Maintain Retail Core Areas) within the Adopted Monklands District Local Plan 1991. This policy states that within this defined retail core area the Planning Authority should resist any further changes of use out of Class 1 (Retail) and should encourage changes into Class 1 (Retail). This proposal is therefore considered contrary to the development plan policy for this area. Similar developments of this type have been refused in the past including a proposed hot food takeaway at 81 Main Street and a cafe/ hot food takeaway at 98 Main Street. These were refused on the grounds that the proposal was contrary to the COM 3 Policy.

4.2 Policy COM 10 (Hot Food Shops/ Restaurants) states that an external ventilation duct is required where conventional ovens/ fryers are proposed. The applicant has included this as part of their application. The proposed flue would be positioned on top of the roof and would be attached to the internal wall of the unit. The flue would project for a height of approximately 1 metre above the roof of the unit. Although Protective Services were consulted on this application they have declined to comment. It is required by the Protective Services section that any flue projects 1 metre above the eaves of the building to ensure that smells are adequately dispersed. In this instance the flue is not on the eaves but the roof itself. As the flue projects approximately a metre above the building this would be seen as acceptable. As the parade is partly covered the flue would not be visible from ground level and therefore would not be detrimental to the visual amenity of the area.

4.3 It is considered however that the material considerations of this application outweigh the development policy for which it relates. It should be noted that within the retail core area there is a number of units which are not considered to be used as class 1 retail units. In this respect a material consideration is the Adopted Monklands District Local Plan 1991 First alteration policy C(iii) which acknowledged the difficulty in achieving the goal of the original COM3 policy and promoted a less rigid policy for enhancing the retail core. This alteration provided a target of no less than 80% of the COM3 area being retained for retail (Class 1) while allowing other use classes to be introduced into the COM 3 area. Therefore, there has already been an attempt to encourage flexibility within the town centre and allow a mixture of uses within the retail core area which this application embraces. In particular this alteration indicates that the allowance for a proportion of non retail units would not adversely affect the town centre as a whole.

4.4 The Finalised Draft North Lanarkshire Local Plan 2008 is a material consideration. This area is designated as the town centre within this local plan and is covered by policy RTC 1A (Protecting the North Lanarkshire Centre Network (Town Centres). Policy RTC 3B (Bad Neighbour Development) is also of relevance. Policy RTC IAstates that classes 1, 2, 3, 4, 7, 8, 9, 10 and 11 are acceptable within the designated town centre. This proposal would therefore accord with the policy designation within the Finalised Draft North Lanarkshire Local Plan 2008. Policy RTC 3B states that planning permission will only be granted for potential Bad Neighbour developments where it can be demonstrated by the applicant that amenity would not be adversely affected. Assessment of these proposals will also take account of the cumulative impact of such developments. The applicant has stated that the predominant use of the unit would be as a cafe and there are several other units of a similar nature within the town centre. Due to this, the amenity of the surrounding area would not be affected as this type of land use is already in place within the town centre. In terms of a cumulative impact, it is noted that there are several cafes and takeaways within the town centre however the addition of another is not considered to create a significant negative impact on the town centre a whole. These policies are more flexible in relation to suitable land uses within town centres and are more consistent with Planning Policy expressed by the Scottish Government. The Finalised Draft North Lanarkshire Local Plan 2008 would therefore be favourable towards this development. 4.5 The applicant has indicated within the supporting statement that the unit has been vacant for approximately 2 years with there being little to no interest in the unit. Springcafe Ltd are the only interested parties in the unit and thereby should the use of the unit as a cafe/ takeaway be unacceptable then it is likely that the unit would remain empty. Vacant units have the potential to harm the vitality and viability of town centres. Although retail units should be promoted in the town centre, particularly in the core, this should not be at a detriment to the vitality of the town centre as described in PAN 59. SPP 8 (Town Centres and Retailing) also states that there is a need for a variety of shops and services within the town centre and therefore to improve the health of the town centre vacant units should be avoided and a variety of uses are provided.

4.6 It is important of course that any proposed land use is not detrimental to the town centre and it is considered in this instance that a cafe/ takeaway is ancillary to any retail centre and therefore would be acceptable for this area. It is noted that there are several other food outlets in the area however the proposed unit would only increase variety for the area and given that this is predominantly a cafe would also provide an alternative to the majority of takeaways found in the town centre. Also given the current financial market it is important that empty units are filled as soon as possible thereby increasing revenue and promoting customers back into the town centre and consequently improving the vitality of the area.

4.7 In relation to the grounds of objection, the following comments can be noted:

(a) It is noted that the town centre does have several other food outlets, however the proposed unit varies considerably from the majority of the existing food outlets. Firstly, the unit is relatively large in area and it is anticipated that 9 seating areas would be created. Most other units within the town centre cater mostly for take away and provide little to no seating. The takeaway element of this unit is ancillary to the cafe and would only be a minor element. Other food outlet units have closed within the town centre and thereby there has been a recent reduction in food outlets within the area. The introduction of another unit would therefore only supplement reducing num bers.

(b) It is considered that in the current financial climate the habitation of vacant units is important for the vitality of the town centre. If units are left empty then the town centre would not seem attractive to other potential occupants and customers. Also a further unit would increase job opportunities given the number of staff required for a unit of this size. The use of this vacant unit, albeit as a cafe, should increase revenue for the town centre and help attract prospective customers back into the town centre. An increase in competition within the town centre is encouraged to create varied, viable and attractive town centres.

4.8 In conclusion, having regard to the foregoing, the proposed is considered to be acceptable as in this instance the material considerations of the application outweigh the development plan policy for this area. It is considered that refusing the change of use from a class 1 unit in order to preserve the retail core would be detrimental to the town centre as a whole. It is noted that there is a history of refusal for this type of development on Main Street in the past however the consideration given to make up of a town centre has changed since the adoption of the Monkland District Local Plan 1991. The first alteration to the COM 3 policy and the Finalised Draft North Lanarkshire Local Plan 2008 calls for a degree of flexibility within town centres and this would allow the inclusion of a cafe/ takeaway without harming the retail core. There is therefore a justification for a move away from the past consideration given to applications for non- retail uses within town centre locales. The retention of a vacant unit in the hope of attracting a retail tenant would be detrimental to the vitality and viability of the town centre and giving the financial climate it is important that revenue is returned to these areas in a hope of attracting greater numbers to the town centre and further shop units. It is therefore recommended that the application be granted subject to the stated conditions. Application No:

Date Registered: 23rd February 2009

Applicant: Persimmon Homes West Scotland Ltd 180 Findochty Street Garthamlock Glasgow G33 5EP

Development: Construction of 23 Dwellinghouses

Location: Land At Ayr Drive Cairnhill Airdrie North Lanarkshire

Ward: 11 Airdrie South Councillors M. Coyle, Curley, Fagan and Love

Grid Reference: 276354664299

File Reference: C/PL/AIA975/SM/EL

Site History: 7811 332 Residential Development granted on the 11 th April 1979

96/05258/FUL Erection of Residential Development, comprising 27 Dwellinghousesand access roads refused on the 15 January 1997

07/01793/FUL Construction of 36 Dwellinghouses refused on the 21 February 2008

Development Plan: The application site is zoned as LR 11 Improve Public Open Space in the Monklands District Local Plan 1991. Policies HGIO (Residential Development Outwith Residential Areas) and HG9 (Housing Policy for Existing Residential Areas) together with associated design guidance for New Housing Areas and Open Space Provision are also applicable. Part of the site is covered by CU1/5 Safety Restraint Areas, Landfill Gas.

Contrary to Development Plan: Yes

Consultations: Head Of Protective Services (comments) Scottish Environment Protection Agency (no response) Scottish Water (no objection) British Gas (no response) Scottish Power (no objection)

Representations: 30 letters of representation received together with a petition with 206 signatures.

Newspaper Advertisement: Advertised on 4th March 2009

Recommendation: Refuse for the Following Reasons:-

1 That the proposed development is contrary to policy HGIO Residential Development Outwith Residential Areas in that the application site is not identified by the Council as a housing site in the local plan nor is it a minor development in a Secondary Core Area, General Urban Area or an identified small development site.

2 That the proposed residential development is contrary to policy LRI 1 (Leisure and Recreation) in the Monklands District Local Plan 1991 in that it would result in the loss of an area of open space to the detriment of the residential amenity of the area.

3 That the proposed development is contrary to policy HG9 in that the development would result in an unacceptable loss of open space which forms part of an established residential estate to the detriment of its residential amenity.

4 That the proposed development is contrary to the aims of SPPl1 Open Space and Physical Activity which sets out a presumption against development on open spaces which are valued and functional.

5 That the proposed development is contrary to policy HGIO (B) in that it does not accord with policy HG9 (I) of the Monklands District Local Plan which requires all planning applications to conform to the relevant Development Control Advice established by the District Council in that the proposed development would result in an overcapacity of the existing road network which would be to the detriment of road safety.

Note to Committee:

If approved the application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications)(Scotland) Amendment Direction 2007 as it is development which is contrary to the development plan and would lead to the loss or partial loss of an open space identified in the development plan.

Background Papers:

Application form and plans received 23rd February 2009 Supporting Statement received 23'' February 2009

Letter from Scottish Water received 3rd March 2009 Letter from SP Energy Networks received 18'h March 2009 Memo from Head Of Protective Services received 6th March 2009

Letter from Miss Nicola Hynes, 88 Ayr Drive, Airdrie, ML6 9XG received 6th March 2009. Letter from Mr H Harper, 11 Monks Road, Airdrie, ML6 9QW received 5th March 2009. Letter from Ms Kirsty McCulloch, 84 Ayr Drive, Airdrie , ML6 9XG received 12th March 2009. Letter from Dr Bruce Peter, 6 Cloister Avenue, Airdrie, ML6 9QW received 12th March 2009. Letter from H. Rae & Signatories, C/o 71 Ayr Drive, Airdrie, ML6 9XG received 10th March 2009. Letter from Tom Mathieson, 67 Ayr Drive, Airdrie, ML6 9XG received 6th March 2009. Letter from John Peter, 21 Monks Road, Airdrie, ML6 9QW received 6th March 2009. Letter from Councillor Michael Coyle, Scottish National Party, Ward 11, Airdrie South, Civic Centre, Motherwell, MLI IAB received 11th March 2009. Letter from L. Main, 29 Woodview Drive, Cairnhill, Airdrie, ML6 9HJ received 10th March 2009. Letter from S. Wallace, 13 Maybole Drive, Cairnhill, Airdrie, ML6 9XJ received 10th March 2009. Letter from Karen McGleish, 61 Ayr Drive, Cairnhill, Airdrie, ML6 9XG received 2nd March 2009. Letter from Anna Gunn, 11 Cumnock Drive, Airdrie, ML6 9XL received 3rd March 2009. Letter from Provost Thomas Curley, Ward 11, Airdrie South, Civic Centre, Motherwell, MLI IAB received 12th March 2009. Letter from Dr I A Glen, Monkland Glen Community Council, 21 Monks Road, Airdrie, ML6 9QW received 4th March 2009. Letter from Mr W & Mrs J Logan, 27 Woodview Drive, Airdrie, ML6 9HJ received 11th March 2009. Letter from Edward & Elizabeth Dornan, 74 Ayr Drive, Airdrie, ML6 9XG received 10th March 2009. Letter from Gayle Mooney, 72 Ayr Drive, Airdrie, ML6 9XG received 10th March 2009. Letter from Alex Neil MSP, Scottish Parliament, Holyrood Road, Edinburgh, EH99 1SP received 10th March 2009. Letter from James & Lynee McPate, 2 Nairn Crescent, Airdrie, ML6 9XD received 10th March 2009. Letter from Mr & Mrs Davidson, 58 Ay Drive, Airdrie, ML6 9XG received 10th March 2009. Letter from Mr Nikki Laird, 53 Ayr Drive, Cairnhill, Airdrie, ML6 9XG received 10th March 2009. Letter from Hugh Lucas, Conservation Society, 103 Park Road, Calderbank, Airdrie, ML6 9TD received 4th March 2009. Letter from Mr And Mrs B Curran, 65 Ayr Drive, Cairnhill, Airdrie, ML6 9XG received 4th March 2009. Letter from Elizabeth Smith, 55 Ayr Drive, Airdrie, ML6 9XG received 4th March 2009. Letter from James Mulvey, 96 Ayr Drive, Airdrie, ML6 9XG received 4th March 2009. Letter from Drew Ferguson, 92 Ayr Drive, Airdrie, ML6 9XG received 2nd March 2009. Letter from Mrs E McEwan, Monkland Glen Community Council, 21 Monks Road, Airdrie, ML6 9QW received 2nd March 2009. Letter from Suzanne Hampson, 94 Ayr Drive, Airdrie, ML6 9XG received 2nd March 2009. Letter from H. Rae, 71 Ayr Drive, Airdrie, ML6 9XG received 23rd February 2009. Letter from Bernadette Gallagher, 25 Woodview Drive, Airdrie, ML6 9HJ received 9th March 2009. Letter from J Kevin Gallagher, 25 Woodview Drive, Airdrie, ML6 9HJ received 9th March 2009. Letter from Mrs Carole Graham, 6 Cromarty Road, Airdrie, ML6 9RN received 9th March 2009. Letter from South Airdrie Group For Environment & Sport, 68 Monks Road, Airdrie, ML6 9QW received 4th March 2009. Letter from Arthur and Marlane Stewart, 6 Beith Drive, Airdrie, ML6 9XN received 20thMarch 2009.

Email from Councillor David Fagan, received March 2009 Email from Mike Tomlinson Linkwide Ltd, received lfjthMarch 2009

Signatories Of Petition, C/o H. Rae, 71 Ayr Drive, Airdrie, ML6 9XG received 10th March 2009

Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.

Date: 20 March 2009 APPLICATION NO. C/09/00199/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for the construction of 23 dwellinghouses at land at Ayr Drive, Cairnhill Airdrie. The application site extends to approximately 0.9ha and is irregular in shape. The site is predominantly grassed with an area of scrub and some trees to the north east of the site. There are footpaths running through the site which connect Ayr Drive to the Airdrie-Bathgate Cycle Route, Airdrie town centre and to the Brownsburn/Gartlea Park. The site bound to the east by the Brownsburn/Gartlea Park, to the north by the Airdrie-Bathgate Cycle Route and to the south and west by residential properties at Ayr Drive and Woodview Drive.

1.2 The proposed 23 dwellinghouses are a mix of semi-detached and terraced properties. There are 6 semi detached properties. The terraced properties are split into two terraces of 4 dwellinghouses and three terraces of 3 houses. The houses would take access by way of two new sections of road leading from Ayr Drive. This would require the formation of a new roundabout at which point the access road would then loop behind the existing properties also on Ayr Drive.

1.3 Planning application C/07/01793/FUL for the construction of 36 Houses on a larger site in this area was submitted on the 6'h November 2007 and was refused by the Planning and Transportation Committee on the 21'' February 2008. It is noted the application under consideration has a reduced site boundary.

2. Development Plan

2.1 The application site is zoned as LRI l(lmprove Public Open Space) in the Monklands District Local Plan 1991. Policies HGIO (Residential Development Outwith Residential Areas) and HG9 (Housing Policy for Existing Residential Areas) together with associated design guidance on New Housing Areas and Open Space Provision are also applicable. Part of the site is covered by CU1/5 Safety Restraint Areas, Landfill Gas. This application raises no strategic issues.

3. Consultations and Rewesentations

3.1 SEPA , Scottish Water and Scottish Power do not object to the application.

3.2 The Protective Services Section was consulted and did not object to the application however a site investigation would be required prior to works starting on site.

3.3 The Transportation Section has not yet responded, however it is thought that many of the previous concerns in relation to application C/07/001793/FUL would still be relevant.

3.4 Following press advertisement and standard neighbour notification procedures 35 letters of representation together with a petition containing 206 signatures were received. Letters were also received from Provost T Curley, Councillors D Fagan and M Coyle, Monkland Glen Community Council, South Airdrie Group for Environment and Sport, Calderbank Conservation Society, Alex Neil MSP. The main points of objection raised in the letters of representation can be summarised as follows:

(1) An Increase in vehicular traffic would:

(a) Cause congestion (b) Be to the detriment of Road Safety (c) Lead to an increase in traffic using the junction at Ayr Drive and Calderbank Road (d) Result in increased noise (e) Result in increased air pollution (ii) The loss of Open Space would:

(a) Remove a safe, children-friendly area which is in view of the houses of Ayr Drive (b) Remove the only area of open space in the estate (c) Remove a green area of space which is well used (d) Remove footpaths which link to the Airdrie Town Centre and Gartlea (e) Remove the footpath which will link to the new schools (f) Remove cycle track links (9) Result in a loss of wildlife and their habitat (h) The footpaths would become lanes and would attract anti-social behaviour

(iii) The development is contrary to the Local Plan zoning of LRll, policies HG9 and HGIO and previous applications for 27 and then 36 houses on the site were refused

The site itself: (a) Is unstable due to former mining in the area and new houses may require substantial underpinning (b) Is close to the area of the former tip and any works may disturb methane gases (c) Has poor drainage already and the development would make it worse and the development may have an adverse affect on the water table.

The Housing layout: will restrict the outlook and view of existing houses on Ayr Drive will cause overshadowing of some houses will overlook some houses The three storey town houses are not in keeping with the two storey and bungalow properties on Ayr Drive. There are already parking problems on Ayr Drive and the new development has no visitor parking. There are driveways onto the roundabout and cars reversing onto the roundabout would be dangerous.

During the construction period there would be an increase in traffic, noise, dirt and dust. There are a number of shift workers who would be particularly affected by this.

3.5 One letter of support was received from Linkwide Ltd who are interested in providing affordable housing on this site. They consider this site would be suitable for smaller properties for shared ownership, or equity and low cost for sale. They believe the amended scheme deals with the previous grounds for refusal of loss of open space and Highway safety. And that it demonstrates how the site could be developed satisfactorily to retain an amount of usable public open space, whilst restricting the scope to within the tolerance of the Highway authority's standards regarding the number of houses to be provided off one CUIde sac.

4. Planning Assessment and Conclusions

4.1 Section 25 of the Town and Country Planning Scotland Act 1997 requires that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. This application raises local issues and therefore requires to be assessed against the policies contained within the Monklands District Local Plan 1991,

4.2 The application site is zoned as LRI 1 Improve Public Open Space of the Monklands District Local Plan 1991. This policy seeks to protect existing public open space from inappropriate development and will upgrade large areas of public open space. It is considered that the proposed development is an inappropriate development on an area designated as public open space and is therefore contrary to the local plan. 4.3 Policy HG10 (Residential Development Outwith Residential Areas) states that development will not be permitted outwith residential areas unless it occurs in identified housing sites in the Local Plan, is a minor development in a Secondary Core Area or General Urban Area. The proposal does not fall within any of the areas listed above and therefore must be considered contrary to policy HGI 0.

4.4 Policy HG9 (Housing Policy for Existing Residential Areas) is also relevant as the development would have a direct impact on the existing and well established residential estate of which the current open space forms part. This policy presumes against development which is likely to adversely affect the amenity of the area. As the open space serves the established residential estate, made up of Ayr Drive and a number of cul-de-sacs, its loss to residential development would have a detrimental impact on the residential amenity on not only the neighbouring properties but the wider existing estate. The proposed development must be considered contrary to policy HG9.

4.5 The design guidance on New Housing Areas and the Developer’s Guide to Open Space associated with policies HG9 and HGIO are also applicable in this instance. The New Housing Areas design guidance requires developments to adhere to the Guidelines for Development Roads and access to sites requires to be from a safe access point. The transportation section has previously advised that this road should not serve more than 200 houses. The number of existing dwellinghouses accessed off Ayr Drive is 182 and with the 23 proposed dwellinghouses would exceed this threshold. It is therefore considered that the proposed development is not in accordance with the design guidance. On examination of the plans there are other issues with the layout including

4.6 The mix of house types and their design are considered acceptable in relation to surrounding two storey properties. The plots are predominately under 300sq.m and therefore the Developers Guide to Open Space requires rear garden areas of 70sqm. The majority of plots have a garden lengths of between 9 and 10 m and achieve the side garden widths. Only 3 plots fail to meet the open space requirements (7, 6 and 10).

4.7 The parking provision within the site does not meet the required standard of 2 spaces for each 1- 2 bedroom dwellinghouse, 2 spaces for a mid terrace and 3 spaces for the 3 bedroom dwellinghouses. There is also concern about the access arrangements for plots 6,7 and 8 which all share a driveway directly into the roundabout. There are several plots which take access onto the roundabout which gives rise for concern. There are no visitor parking spaces included in the scheme which would give rise to on street parking. The road itself terminates in a turning head and for a development of this size this should be a turning circle.

4.8 The layout of the housing in relation to the existing and proposed path network is of concern as the proposed lanes are likely to be abutted with high timber fences and are not overlooked. This is the view of the Strathclyde Police Architectural Liaison Officer who also points out a number of failings of the layout in relation to the risk of crime.

4.9 The applicant has not shown a SUDS layout within the site and has therefore not demonstrated that a satisfactory drainage arrangement can be achieved within the site. Whilst SEPA has not yet commented on this application it is considered that there previous comments in relation to C/07/01973/FUL are still relevant. SEPA previously noted concern that if Scottish Water do not allow full drainage connections the applicant may have to discharge into the neighbouring watercourse which would require a SUDS scheme which given the site layout could not be contained within the site boundary. It is acknowledged that an area of open space has been incorporated within the site; however, it is unknown if this would be suitable or have a large enough area to accommodate such a scheme if required.

4.10 Taking all of the above into account it is considered that the proposed development is contrary to the terms of the Monklands District Local Plan 1991 and as such to the development plan as a whole. Planning permission must therefore be refused unless there are material considerations which dictate otherwise. 4.11 The Finalised Draft North Lanarkshire Local Plan is a material consideration. The site is falls within an area designated as Protecting Community Facilities. This does not conflict with the provisions of the Monklands District Local Plan 1991. The site is not included in the housing land supply in the Finalised Draft North Lanarkshire Local Plan.

4.12 When turning to material considerations, the planning history of this site is particularly relevant. As noted above this part of Ayr Drive was granted permission 781336 in April 1979. The terms of the permission required open space to be provided at the north of the development site.

4.13 In 1996 a planning application (96/258) was submitted for the erection of 27 dwellinghouses on the application site. This application was refused on 15'h January 1997 for the following reasons:

(i) That the proposed development by resulting in the loss of an area of well used open space is contrary to the terms and requirements of policy LRI 1 of the adopted Monklands District Local Plan 1991 an policy HG9 of the same local plan which states a presumption against development that is likely to adversely affect amenity in existing residential areas.

(ii) That the proposed development would be contrary to National Planning Policy Guidance (NPPGI 1 sport, physical recreation and open space) an in particular to paragraph 43 which states "amenity open space of value within development schemes should be protected from development and enhanced."

(iii) The proposed development would result in the loss of a number of footpath connections which pass through the northern part of the site, the loss of which would significantly inconvenience the free flow of pedestrian traffic northwards towards Airdrie Town Centre.

4.14 The applicant lodged an appeal but this was subsequently withdrawn.

4.15 Planning application C/07/01793/FUL for the construction of 36 dwellinghouses was submitted on the 6th November 2007 and refused at committee on the 21st February 2008 for the following reasons:

1. That the proposed development is contrary to policy HGlO Residential Development Outwith Residential Areas in that the application site is not identified by the Council as a housing site in the local plan nor is it a minor development in a Secondary Core Area, General Urban Area or an identified small development site.

2. That the proposed development is contrary to policy HGlO (B) in that it does not accord with policy HG9 (I) which requires all planning applications to conform to the relevant Development Control Advice established by the District Council as it does not meet the terms of the associated design guidance on new housing development or open space requirements to the detriment of residential amenity.

3. That the proposed residential development is contrary to policy LRll (Leisure and Recreation) in the Monklands District Local Plan 1991 in that it would result in the loss of an area of open space to the detriment of the residential amenity of the area.

4. That the proposed development is contrary to policy HG9 in that the development would result in an unacceptable loss of open space which forms part of an established residential estate to the detriment of its residential amenity.

5. That the proposed development is contrary to the aims of SPPll Open Space and Physical Activity which sets out a presumption against development on open spaces which are valued and functional.

6. That the proposed development would result in an unacceptable level of overcapacity of the existing road network which would be to the detriment of road safety. 4.16 Also of relevance when assessing this application is planning application 94/573 which granted planning permission (gth February 1995) for residential development on two areas of open space which were associated with phase 1 of the original residential development towards the south of Ayr Drive. Bearing in mind the change in adopted local plan and the recent changes in policy towards open space, it is unlikely that the application in question would be supported had it been submitted today.

4.17 In terms of national planning policy, SPPll Open Space and Physical Activity sets out a presumption against development on open spaces which are valued and functional. The policy defines ‘open space’ as ‘a term which includes greenspace consisting of any vegetated land or structure, water or geological feature within and on the edges of settlements, including allotments, trees, woodland, paths and civic space’ consisting of squares, market places and other paved or hard landscaped areas with a civic function’, SPPl1 goes on to state that ‘only where there is strong justification should open space protected by the development plan be developed either partly or fully for a purpose unrelated to use as open space. Justification must include evidence from the open space audit that the developmenf will not result in a deficit of open space provision of that type within the locality and that alternative sites and any community concerns have been properly considered’. It is considered that there are no material considerations which would outweigh the thrust of this policy.

4.18 It should be noted that the application site is an open space protected by the development plan through policy LRll of the Monklands District Local Plan 1991. The Finalised Draft North Lanarkshire Local Plan reflects this.

4.19 The Open Space Review is currently underway and whilst no conclusions have yet been reached to this review cognisance must be taken of the significant level of public objection received and the significant ‘value’ which the local community places on the current use of the site.

4.20 The applicant submitted a statement in support of the planning application. The points made in the supporting statement can be summarised as follows:

(i) The site has been included in the Council’s Strategic Housing Investment Programme with 36 units earmarked for Ayr Drive during 2011/2012. Persimmon have the full support of Link Housing Association for this development and it is considered, therefore that the Council have defacto identified the site for housing. (ii) The development accords with the Development Control Advice Guidelines (iii) The site is zoned as “protecting community facilities” in the NLC Consultative Draft 2007. The open space has no additional function over and above the adjacent Brownsburn/Gartlea Country Park and the land take for housing has been much reduced from the original application. There will be no deficiency of open space provision as a consequence of this application. (iv) The footpaths and cycle track traversing the site are unaffected by the proposals. (v) The application by the Walker Group for development on land adjacent to Brownsburn Country Park which was granted on the 2gth March 1996 actually includes the site within the application and the principle of development has been accepted by the Council. Therefore there is no argument that the site will have and adverse effect on the setting and amenity of the Brownsburn/Gartlea Community Nature Park. (vi) The sites zoning as “protecting community facilities” is the same zoning shown in the Consultative Draft that covers the area developed for housing by Tilbury Douglas Homes on Ayr Drive and the junction of Cairnhill Road. The points taken from the supporting statement above are addressed as follows:

The Section 25 of the Town and Country Planning Scotland Act 1997 requires that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. As discussed above the site is not zoned for housing in the Monklands District Local Plan or in the Finalised Draft North Lanarkshire Local Plan. The ‘SHIP’ is not a land use document and any land use implications o the SHIP would need to be fed through Development Plan process and to date this has not happened for this site. It is not considered significant enough to outweigh the policies contained in the Development Plan. This is discussed above in paragraphs 4.5 to 4.8. It is considered that the area of open space on which this application is located provides a residential setting with the maintained grassed area and is a separate parcel of land from the public park. Two footpaths which currently run across the site from the top of Ayr Drive will be lost. It is acknowledged that the site falls within a larger site where there was an outline application 95/622 for Redevelopment of the land to provide 18 hole golf course, residential and commercial development. This application was approved on 14th February 1996. the application was in outline and was not progressed further. Whilst only indicative the plans show the golfcourse located on the site under consideration and not the residential element. This application was granted prior to the adoption of the Monklands District Local Plan 1991 in September 1996. This is discussed in paragraph 4.24 above

The points raised in the letters of objection are addressed as follows:

As discussed above. The proposed development would take the development over the 200 house capacity for the road. It is acknowledged that there is already significant on street parking issues along Ayr Drive. There are also concerns relating to the internal road layout. As discussed in paragraphs. 4.2 and 4.4 the loss of open space would be considered contrary to the local plan and would be to the detriment of residential amenity. This is discussed and addressed in paragraphs 4.2 - 4.5 above. The developer would require to satisfy themselves that the ground is stable or that measures could be taken to ensure its stability. The Protective Services Section has advised that a site investigation would require to be carried out prior to any works starting on site. Should permission be granted this could be imposed by means of a condition. The site layout and house types are discussed in paragraphs 4.6 and 4.7 above. It should be noted that there are no three storey town houses being proposed. It is acknowledged that construction works inevitably bring disruption, however these are temporary in nature and would not weigh against the proposal.

4.23 In conclusion, the proposed development is considered contrary to the development plan as it does not accord with policies LRI 1, HG9, HGIO and associated design guidance contained within the Monklands District Local Plan 1991. Due consideration has been given to the policies contained within the Finalised Draft North Lanarkshire Local Plan 2007, planning history of the site, transportation issues, SPPl1, applicant’s supporting statement and the significant level of public objection generated and no material considerations were found to merit a departure from the local plan in this instance. It is therefore recommended that planning permission be refused. 4.24 If approved the application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications)(Scotland) Amendment Direction 2007 as it is development which is contrary to the development plan and would lead to the loss or partial loss of an open space identified in the development plan. Application No: S108100912lAMD

Date Registered: 16th June 2008

Applicant: Ravenscraig Ltd Per Wilson Bowden Developments 22 Blythswood Square Glasgow G2 4BG

Agent Muir Smith Evans 203 Bath Street Glasgow G2 4HZ

Development: Deletion of Condition 16 of Planning Permission S/Ol/00758/0UT, Relating to the Restriction of the Net Comparison Retail Area in the Proposed Town Centre to 32, 275 Square Metres

Location: Ravenscraig Motherwel I Lanarkshire

Ward: 18 Motherwell South East and Ravenscraig: Councillors Harmon, Lunny, McKay and Valentine

Grid Reference: 277426 656810

File Reference: SIPLISMWGF

Site History: Sl01/00758lOUT -An application for a Mixed Use Development Comprising Residential Areas, Primary SchoolslCommunity Uses, Business and Employment Uses, Open Space, a New Town Centre Including Retail, Leisure, Business, Housing and Hotel, and Associated Transport Infrastructure - Granted 11 May 2005

Development Plan: Glasgow and Clyde Valley Structure Plan 2000 (Incorporating the third alteration 2006) The site is covered by Policy RTLI - Retail Development. Southern Area Local Plan 2008 Within the Finalised Draft North Lanarkshire Local Plan the site is covered by Policy RTCI - Protecting North Lanarkshire Centre Network

Contrary to Development Plan: No

Consultations: Glasgow and the Clyde Valley Structure Plan Manager (Comments)

Representations: 3 letters of representation received

Newspaper Advertisement: Not Required SQiJaRE METRES

RAMNSCRW G I MOTHERWU Site area = 112 8D ha

Representation Recommendation: Approve

Background Papers:

Application form and plans received June 2008

Planning Statement for the proposed removal of condition 16 on planning permission S/O1/00758/OUT (June 2008)

Letters from Muir Smith Evans providing additional supporting information submitted 26'h September 2008 and 13'h February 2009

Commentary on retail assessment accompanying planning application no: S/08/00912/AMD retail development at RavenscraigTown Centre, (July 2008) by Max Cowan

Letter from GVA Grimley, Sutherland House, 149 St Vincent Street, Glasgow, G2 5NW received on behalf of CAM Properties (Motherwell) Ltd on the 8'h July 2008. (Holding Letter) Letter from GVA Grimley, Sutherland House, 149 St Vincent Street, Glasgow, G2 5NW received on behalf of Propinvest East Kilbride Ltd on the 22"' July 2008. (Holding Letter) Letter from GVA Grimley, Sutherland House, 149 St Vincent Street, Glasgow, G2 5NW received on behalf of Propinvest East Kilbride Ltd & East Kilbride Investments Ltd on the 25'h July 2008 Letter from GVA Grimley, Sutherland House, 149 St Vincent Street, Glasgow, G2 5NW received on behalf of CALA Properties (Mothewell) Ltd & CALA Properties (Brandon) Ltd on the 28'h July 2008 Letter from GVA Grimley, 206 St. Vincent Street, Glasgow, G2 5SG received on behalf of The Buchanan Partnership (Land Securities plc and Henderson Global Investors) on the 17'h September 2008

Letter from Glasgow and the Clyde Valley Structure Plan Manager received 1'' September 2008

Glasgow and Clyde Valley Joint Structure Plan 2000 (Incorporating the Third Alteration 2006) Southern Area Local Plan 2008 Finalised Draft North Lanarkshire Local Plan

Scottish Planning Policy 8 - Town Centres and Retailing (August 2006)

Any person wishing to inspect these documents should contact Ms Sharon Marklow at 01698 274239.

Date: 5 March 2009 APPLICATION NO. S/08100912/AMD

REPORT

1. Description of Site and Proposal

1.1 The application is for the deletion of condition 16 of outline planning permission S/O1/00758/OUT, the redevelopment of the former Ravenscraig steelworks site. Condition 16 states, 'That notwithstanding the terms of condition 74, the net comparison retail area (as defined in condition 15) shall not exceed 32,275 square metres.'

1.2 The applicant seeks the deletion of condition 16 because it is considered that there is no longer a policy basis for applying a restriction on the net comparison retail floorspace since reference to this restriction was removed in the third alt7;ation to the Glasgow and the Clyde Valley Joint Structure Plan which was approved on the 29 April 2008. The applicant's planning statement suggests that since Ravenscraig is now formally designated as a town centre there is no need to restrict the net floorspace, no other town centre in Scotland is controlled in this way and there is now a compelling case to remove the inappropriate limitation. Market perception of the Ravenscraig Town Centre proposal has been adversely affected by the highly unusual net floorspace restriction.

1.3 In addition to the policy case for the removal of this condition, the applicant infers that the removal of condition 16 will (a) not alter in any way the nature of the proposed town centre development at Ravenscraig (b) have no effect on the total retail floorspace in the approved centre, (c) will not change any of the other planning or legal controls put in place to secure an innovative retail centre and (d) will make no difference to how Ravenscraig interacts with the existing nearby retail centres of North Lanarkshire and beyond.

1.4 In relation to the potential levels of impact felt by other town centres, the applicant's planning statement identifies that there will be a substantial amount of additional available expenditure to support the new town centre at Ravenscraig by the time it comes into operation, possibly around 2012. The identified surplus of expenditure is such that existing town centres could grow and other retail developments could take place parallel to the removal of the net floorspace restriction at Ravenscraig. The applicant states that the growth in expenditure will far outweigh any increase in turnover attributable to an increase in the net trading floorspace within Ravenscraig. The possible outcome of deleting condition 16 could result in the overall net to gross ratio within the new retail centre increasing from the consented 65% net trading area for the sale and display of goods and 35% for storage, staff and management facilities to 70% for sales and 30% for storage etc. An increase in the net/gross ratio to 70% - 30% would increase the turnover of the retail centre by around f 18 million. The applicant states that the increase in turnover would be miniscule when compared to the projected growth of available expenditure. The additional net floorspace would only result in a marginal increase in overall impact on existing town centres in the surrounding area.

1.5 Given that there is a number of retail related conditions imposed on the original permission and obligations within the Section 75 Legal Agreement will remain attached to the outline planning permission for the development of Ravenscraig Town Centre, the applicant considers that these restrictions will ensure that the new town centre will operate in a sufficiently different manner from other centres in the catchment area. The removal of condition 16 will have no effect on the total gross retail floorspace in the approved centre and will not change any of the other controls put in place to secure a unique and innovative retail centre. The applicant suggests that flexibility afforded by the removal of condition 16 will greatly increase market interest in the town centre and bring forward implementation of the town centre as part of the approved Ravenscraig project. 2. Development Plan

2.1 Scottish Planning Policy 8: Town Centres and Retailing. Within this SPP there is a commitment to land use policies that secure vital and viable town centres which provide economic, social, health and environmental benefits for the wider community. This involves promoting and enhancing town centres by focusing appropriate growth and development in them.

2.2 Within the Glasgow and Clyde Valley Joint Structure Plan 2000 (Incorporating the Third Alteration 2006), Ravenscraig is identified as a Town Centre and an Urban Renewal Area as well as being recognised as a Metropolitan Flagship Initiative. The following pokes were considered in the assessment of this application;

Strategic Policy 1 - Strategic Development Locations. Priority shall be given to investment in locations as identified in the Structure Plan, in order to maximise the scale of urban renewal in particular to support the Metropolitan Flagship Initiatives.

Schedule l(a) Town Centres - Ravenscraig, Motherwell and are identified as a town centres to be safeguarded. Motherwell and Wishaw are also identified as town centre renewal priorities.

Schedule l(b) Urban Renewal Areas - Motherwell, Ravenscraig and Wishaw are identified as Ravenscraig-relatedurban renewal areas.

Strategic Policy 6 - The Quality of Life and Health of Local Communities - There is support for the protection, management and enhancement of town centres as the preferred locations for retailing and other community focused activities.

Schedule 6(c)(i) - Assessment of Significant Retail Development Proposals - All significant proposals for retail development must accord with the strategic objectives of the structure plan and be assessed against results of analysis of certain criteria. The criteria relevant to this application are; (a) expenditure compared to turnover, including the additional development opportunities identified in Schedule 6 (c) (iv), in the appropriate catchment area; (b) impact, including direct and cumulative impact, on the town centres listed in Schedule l(a); (d) contribution to the improvement of the vitality or viability of town centres, particularly those in Schedule 1(a); and functional relationship with existing town centre facilities; (i) encouragement of development proposals for additional floorspace in the locations listed in Schedule 6 (c) (iv).

Schedule 6 (c) (iv) - Additional Retailing Opportunities - Additional floorspace provision in locations listed within the structure plan will be supported in accordance with the appropriate policies and principles in the structure plan. Motherwell, Ravenscraig and Wishaw are not listed as locations for additional floorspace provision.

Strategic Policy 9 - Assessment of Development Proposals - In order to accord with the Structure Plan, development proposals will require to satisfy the relevant assessment criteria.

9A Proposals require to be assessed against Schedule 9 which outlines the scales of development likely to be significant. For retail developments, proposals which have a comparison floorspace of over 2000sqm or a convenience floorspace over 1000sqm are considered to be significant. Any development which exceeds the thresholds set out in Schedule 9, requires to assessed under the criteria set out in Schedule 6 (c)(i) and Schedule 6 (c)(iv).

96 The location of the development in terms of the need to safeguard and avoid the diversion or displacement of investment from development locations, the promotion of urban regeneration and the need to safeguard and promote the vitality and viability of town centres identified in Schedule l(a) requires to be considered.

9C The assessment of whether appropriate provision has been made by the developer in terms infrastructure or facilities required to make the development acceptable and whether the implementation of appropriate transport measures requires to be addressed.

Any proposal which fails to meet the criteria in Strategic Policy 9 will be regarded as a departure from the development plan and will be required to be justified against criteria in Strategic Policy 10.

Strategic Policy 10 - Departures from the Structure Plan - Consideration shall require to be given to the appropriateness of the development having regard to certain criteria.

2.3 Within the Southern Area Local Plan 2008, the plan identifies the application site within the Ravenscraig Regeneration area. The following pokes were considered in the assessment Of this application;

Policy RTL 1 - Retail Development - The Council will seek to enhance retail provision within the plan area by establishing a new town centre at Ravenscraig to meet the needs of the new community and to meet a sub regional role to redress the current imbalanced provision of retail opportunities in North Lanarkshire. It will support retail developments in established town centres, village and neighbourhood centres where such provision can be supported by an appropriate catchment population, is compatible with adjoining uses and does not undermine vitality and viability. All proposals for retail development will be considered against the detailed criteria set out in Policy RTL 4.

Policy RTL 1A - Assessing Retail Potential at Ravenscraig - The Council will require any retail proposals to address the appropriate policies in the Structure Plan. The Council will take into consideration the implications of any proposals on other centres within Lanarkshire, having particular regard to Motherwell and Wishaw. The proposals will require to successfully contribute towards the continuing regeneration of the local plan area and should demonstrate that they do not have a significant adverse impact upon the vitality and viability of other town centres within Lanarkshire.

Policy RTL 1B - The Redevelopment of Motherwell & Wishaw Town Centres - The Council will promote the regeneration of Motherwell and Wishaw Town Centres to seek to reposition their role in terms of the Ravenscraig - Motherwell - Wishaw Metropolitan Flagship Initiatives as promoted by the structure plan. The Council aim to ensure that as details of the retail component of the new town centre at Ravenscraig emerge, it will assess how it is impacting upon Motherwell and Wishaw. Town Centre Action Plans for Motherwell and Wishaw will guide future development within each town centre.

Policy RTL 2 - Improvement of Shopping Facilities - The Council will seek to improve the character of existing shopping facilities by improving the environment of Town Centres and local shopping areas, promoting town centre development opportunities and supporting the development of Town Centre Action Plans.

Policy RTL 4 - Assessing Applications for Retail Development - This policy sets out criteria to be used in the consideration of retail applications. These include whether the proposal could be supported by the appropriate catchment population; the effect of the vitality and viability of existing centres and the extent to which proposals would be accessible by public transport.

Policy RTL 5 - Town Centre Areas - Within Town Centre Areas, the Council will seek to protect and enhance the retail and commercial function. In particular, as the nature of proposals for a new town centre at Ravenscraig is clarified, the Council will initiate a study into the future role and function of Motherwell and Wishaw Town Centres. This will assist in determining longer-term policy measures to manage change within these centres.

2.4 The Finalised Draft North Lanarkshire Local Plan also requires to be considered in the determination of this application.

Policy RTCl - Protecting the North Lanarkshire Centre Network aims to protect North Lanarkshire Retail Centre Network.

Policy RTC2 - Promoting Town Centre Action states that the Council will continue to develop a series of Centre Action Plans for a number of Town Centres including , Motherwell, Wishaw, Airdrie and Coatbridge Town Centres.

3. Consultations and Representations

3.1 The Glasgow and Clyde Valley Structure Plan Manager commented that the proposal is not likely to be of strategic significance and that it is a matter for North Lanarkshire Council as the Strategic and Local Planning Authority to determine the application in the context of Strategic Policy. The proposal is not a departure from the Structure Plan.

3.2 Following the standard neighbour notification procedure three letters of representation were received from GVA Grimley on behalf of different clients. One letter was on behalf of Cala Properties, the owners of the Brandon Shopping Centre in Motherwell, the second letter was on behalf of Propinvest, the owners of East Kilbride Shopping Centre and the third letter was on behalf of The Buchanan Partnership, the owners of Buchanan Galleries. All three letters were substantially the same in their content. The main issues raised are as follows;

a) The application represents a further challenge to the vitality and viability of existing town centres. b) Concern that North Lanarkshire Council no longer see the need to protect existing retail centres such as Motherwell and Wishaw. c) The need for the application is questionable given that the applicant states that there would be no substantial changes gained from the removal of condition 16. d) Deletion of condition 16 will effectively allow unrestricted comparison retailing at Ravenscraig, allowing additional comparison floorspace, affecting the overall status of Ravenscraig Town Centre and increasing the impact on existing town centres within the area and Glasgow City Centre. e) No evidence to confirm where the additional expenditure will be generated. The impact is likely to be much more than stated within the applicant’s supporting statement. Details of the marketing exercise undertaken to gauge the likely interest in locating within Ravenscraig Town Centre should be submitted for analysis. 9 The absence of policy restrictions in the Glasgow and Clyde Valley Joint Structure Plan does not negate the need for floorspace restrictions at Ravenscraig Town Centre. g) Transport impacthoads capacity assessments should be provided. h) The application likely to be significant in terms of Schedule 9 of the Glasgow and Clyde Valley Joint Structure Plan. Requires to be assessed against Strategic Policy 9 and the criteria set out in Schedule 6 (c) (i) and Schedule 6 (c) (iv). i) As Glasgow City Centre is identified in the Structure Plan as a Town Centre to be Safeguarded and as a Town Centre Renewal Priority, this would suggest that it has higher status than Ravenscraig in terms of relevant structure plan retail policy. j) Ravenscraig is not identified within the structure plan as having capacity for additional comparison floorspace. k) Adjoining Local Authorities and the Glasgow and Clyde Valley Structure Plan Joint Committee should be consulted given the strategic nature and potential implications of the application. I) Town Centre Action Plans could be compromised. m) Ravenscraig Town Centre will not relate or complement other town centres. n) The increased impact on existing centres is contrary to the overall aims of the Structure Plan and the Metropolitan Development Strategy. 0) The application is inappropriate and premature without a clear retail policy framework and a town centre strategy for North Lanarkshire.

4. Plannino Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations.

4.2 At the time of determining the outline planning application for the mixed use development at Ravenscraig, condition 16 was attached to the planning consent firstly to accord with the Glasgow and the Clyde Valley Joint Structure Plan 2000 (First Alteration - Spring 2003). It states that 'The Structure Plan will support the creation of a new Town Centre at Ravenscraig.., . . . . in terms of the overall scale of the centre comparison floorspace to serve a wider sub-region including the needs of the new community of about 30,000sqm net would be acceptable.' Secondly the condition was attached to ensure that the retail impact of the new town centre at Ravenscraig did not significantly impact on existing retailing centres.

4.3 The third alteration to the Glasgow and Clyde Valley Joint Structure Plan 2000 was approved on the 2gth April 2008. The updated Structure Plan recognises Ravenscraig as a town centre and there is now no reference to the restriction on the net retail floorspace. The applicant's planning statement claims that the policy context for considering the scale and the nature of the town centre at Ravenscraig has been fundamentally changed given approval of the revised structure plan and therefore there is no policy basis for retaining condition 16 on the outline planning consent.

4.4 It was recognised at the time of determining the outline planning application that developing a new town centre at Ravenscraig had implications for the future role and function of existing town centres. At the outline stage, a retail impact assessment along with supporting information on the format of the town centre was submitted. The applicant has submitted a planning statement with the current planning application which provides an assessment of the impact if condition 16 was removed.

4.5 The planning statement submitted by the applicant has been reviewed by an independent consultant acting for the Council. The analysis of the statement confirmed that the outcome of deleting condition 16, would allow the net to gross ratio to alter and could result in an increase in impact on existing town centres such as Motherwell, Wishaw, Airdrie, Coatbridge, Hamilton and East Kilbride. There is no predicted impact on Glasgow City Centre. The updated assessment demonstrated that the removal of condition 16 could result in a net to gross ratio of 70% to 30% which in turn would result in an increase in the net comparison retail area from 32,275sqm to 34,05Osqm, an increase of around 1,775sqm, there would be no increase in gross floorspace. The original retail assessment for Ravenscraig assumed a net to gross ratio for comparison floorspace at 65% to 35%. This was 5% higher than the figure used at the time for the structure plan purpose. The applicant states that the 65% - 35% ratio was used so that no one could claim that the figures had been artificially depressed. The applicant states that the 65% net floorspace assumption employed in the original retail assessment remains realistic given that some units might have a higher net floorspace while others will have less, but the average throughout the development is likely to be around 65%. The 70% relates purely to a sensitivity test for retail assessment purposes. This figure was used to give the comfort that in the unlikely event that the average net to gross exceeds 65%, following the removal of Condition 16, an increase to 70% would not result in a significant material change to impact levels. In a town centre which is to have 57,600sqm of gross retail floorspace, it is considered that an increase in net sales area by around 5.5% caused by a 70% to 30% net to gross ratio would not be significant.

4.6 To understand the effect of deleting condition 16, it is necessary to review the remaining retail related conditions attached to the planning consent as well as the retail related planning obligations within the Section 75 Legal Agreement. There are 16 other conditions attached to the outline planning consent which relate specifically to the management of the impact from Ravenscraig Town Centre along with 8 obligations contained within a Section 75 Legal Agreement which accompanies the outline permission. Condition 14 of the outline planning consent restricts the extent of the town centre to 57,600sqm (gross) of which no more than 53,900sqm (gross) is to be used for 'comparison' retail. Condition 15 and planning obligation 9 ensures that at least 18,400sqm of the overall comparison retail floorspace will have its net retail area restricted to 50%. Therefore contrary to the opinion of the objectors, many of the limits to restrict the floorspace and control the format within Ravenscraig Town Centre still apply and will require to be considered by the developer in the design and layout of the new retail centre when a reserved matters application is submitted. The nature and scale of the Ravenscraig development would still be controlled and regulated to ensure that its operation remains as proposed. The removal of condition 16 from the outline planning consent will not allow unrestricted comparison retailing.

4.7 The applicant is also concerned that there are no other town centres in Scotland where the net retail floorspace is restricted. An additional letter from the applicant provides further support to this statement in which they comment that neither the approved nor the previous structure plan for Glasgow and Clyde Valley, Edinburgh and the Lothians, Clackmannan and Stirling or Ayrshire Structure Plans contain policies controlling the net floorspace. A review of other retail consents in the surrounding area such as Livingston, The Glasgow Fort, East Kilbride, Hamilton and Cumbernauld confirmed that there were no net floorspace restrictions applied. The independent retail consultant for the Council also regards the net floorspace restriction as unusual, if not unique in Scottish experience. It is an impediment that was not imposed on other major retail centres in the Clyde Valley such as Braehead, Centre West and Silverburn.

4.8 The Glasgow and Clyde Valley Structure Plan 2000 (incorporating the third alteration 2006), Strategic Policy 9A including Schedule 9 has been considered as part of the assessment of the proposals. Schedule 9 states that retail developments which introduce comparison retail space over 2000sqm or convenience floor space over 1000sqm is regarded as significant. The analysis of the planning statement which was reviewed by an independent consultant for the Council confirmed that the increase in comparison floorspace would be around 1,775sqm net and there would be no increase in gross floorspace, based on a 70% to 30% net to gross ratio. The deletion of condition 16 would therefore be below the 2000sqm threshold for comparison retail developments.

4.9 Although the current proposal to remove condition 16 from the outline consent is not likely to exceed the threshold as set out in Schedule 9, it is considered appropriate to address the other relevant criteria as set out in Structure Plan.

Strategic Policy 9A (iv) has been considered in the assessment of this application, wherein the criteria set out in Schedule 6 (c)(i) and the requirements identified in Schedule 6 (c)(iv) requires to be addressed.

Schedule 6(c)(i) All significant proposals for retail development must accord with the strategic objectives of the structure plan and be assessed against results of analysis of the following criteria:

(a) expenditure compared to turnover, including the additional development opportunities identified in schedule 6 (c)(iv), in the appropriate catchment area. The applicant's planning statement identified that the combined effect of a later opening date for Ravenscraig Town Centre and the general growth in comparison retail expenditure will result in a substantial amount of additional available expenditure. The surplus of expenditure would allow existing town centres to grow and other retail developments to take place within the catchment area at the same time as the removal of the net floorspace restriction at Ravenscraig. In terms of retail centres average turnover, it is very difficult to predict what spending growth, if any, will occur over the period up to the potential opening of Ravenscraig Town Centre in 2012. However it should be noted that at present there are a number of retail proposals which are currently being mooted or have recently been awarded planning consent. Within Motherwell Town Centre, a retail foodstore has been completed, reconfiguration of existing retail floorspace has been granted planning consent, along with approval of details for streetscape enhancements and improvement and upgrading of Motherwell Train Station to a transport interchange hub. At Bellshill Town Centre, outline consent has been given for an extension to an existing supermarket from 3808sqm to 7060sqm. In December 2006, an application for a 7687sqm retail superstore was granted planning consent. Alterations and enhancements to the road layout and overall environment around Bellshill centre is currently being advanced and/or implemented by the Council. At Wishaw Town Centre, there has been the implementation of a large supermarket, the reconfiguration of retail floor space and consent for mezzanine floor space on the edge of the town centre. Proposals have also been put forward to improve the traffic network and alterations and enhancements to the streetscape. Outside the North Lanarkshire area, proposals for developments at Hamilton and East Kilbride Town Centres, along with proposals for an extension to Glasgow Fort, a new substantial retail development at Pollock, extensions to Buchanan Galleries and St Enoch's in Glasgow City Centre are either going through the planning process, have been granted consent or have/are being implemented. It is therefore considered that there continues to be retail developments within and outwith town centres which have not been significantly affected by the approval of the outline planning consent for the redevelopment at Ravenscraig. It is therefore considered that a small increase in net floorspace at Ravenscraig will not have a significant impact on the growth and development of existing town centres.

(b)impact, including direct and cumulative impact, on the town centres listed in Schedule l(a). The proposal to delete condition 16, with a possible change to the net to gross ratio of 70% - 30%, will increase the impact on Motherwell and Wishaw by 5%. In Motherwell, the increase from 30% in the initial retail assessment to 35% without condition 16 and for Wishaw an increase from 37% to 42%. For Airdrie and Coatbridge, the impact is likely to rise from 12% to 14 % and from 5% to 6% respectively. The impact on East Kilbride and Hamilton is minimal, estimated at 1% increase. The impact to Glasgow City Centre will not change, there is no predicted impact to this centre. Although the impact on Motherwell and Wishaw remain substantial, it should be noted that the high impact to these centres was accepted by the Council at the outline planning application stage subject to required restructuring which still applies to the planning consent and is not diluted by the removal of condition 16. It was also agreed with the developer at the time of determination of the outline planning application that this impact would require to be managed once the town centre at Ravenscraig was trading. The functions of the centres affected will continue to be modified by the planned and supported manner of the programmes put forward in town centre action plans. The 16 planning conditions and 8 obligations that are linked to the management of this impact will be implemented as and when prescribed by the outline planning consent. The wider benefits of the Ravenscraig proposals is accepted, the particular impacts on existing centres can be reduced by physical and functional restructuring and this will continue to be the case even if condition 16 is deleted.

contribution to the improvement of the vitality and viability of town centres, particularly those in Schedule 1(a); and functional relationship with town centre facilities. As highlighted above the impact on surrounding town centres will be managed and controlled not only by the conditions and obligations on the developer but also through the Council's Local Plans and the town centre action plans for each of the areas within North Lanarkshire. Policies RTLIB and RTL5 of the Southern Area Local Plan and Policy RTC2 of the Finalised Draft North Lanarkshire Local Plan aims to ensure the promotion of town centre action plans. The action plans are mechanisms set up by the Council to manage, promote and focus regeneration in town centres. The Council are at present actively encouraging new development in appropriate town centre locations and there are many programmes either at the planning stage or implementation stage to improve and enhance the physical environment and traffic management within existing town centres. The impact likely to be caused by the increase in net floorspace will be at the local level which can be controlled by North Lanarkshire Council through local plan policies and Town Centre Action Plans. The impact on other centres is less and allows for recapturing leaked expenditure which is being spent outside the catchment area. The proposal offers the opportunity to claw back some of this leaked trade. It is considered that Hamilton, East Kilbride and Glasgow are robust retailing locations and having experienced significant investment over the last few years with plans for more investment, the impact from the deletion of condition 16 would not adversely affect the vitality and viability of those centres.

The conditions and obligations attached to the outline planning consent should ensure that Ravenscraig functions differently from the existing town centres and will aim to attract people from a wider catchment area looking for a type and quality of retail outlet not found elsewhere. As concluded in the report for the outline planning application, Ravenscraig should operate well alongside the existing centres given the control over the nature, scale and the unique concept for the centre. The deletion of condition 16 will not cause this to alter.

(i) encouragement of development proposals for additional floorspace in the locations listed in Schedule G(c)(iv) It is noted that there are no town centres within North Lanarkshire identified as an opportunity for additional retailing floorspace. The additional retailing opportunity identified in Schedule 6(c)(iv) of the Glasgow and the Clyde Valley Joint Structure Plan 2000 (First Alteration - Spring 2003) for Ravenscraig, has now been met by granting of the outline planning permission. Therefore any increase in retail floorspace above that consent will require to be assessed and justified in the context of the development plan. The revised Structure Plan Technical Report TR 7/06 concludes that the MotherwelVBellshill and CarlukeNVishaw catchments together have a projected expenditure surplus of approximately €50 million at 201 1. The projected turnover for Ravenscraig is estimated at being between €108 and €147 million. The technical report states that this will be considerably more than the surplus expenditure estimated for 201 1 for both catchment areas of Motherwell/Bellshill and CarlukeNVishaw. However it must also be noted that in both catchment areas the technical report identifies a large amount of exported expenditure some of which might reasonably be spent locally if appropriate shopping facilities were provided. It has been well documented that the establishment of a new town centre at Ravenscraig would aim to redress the current imbalanced provision of retail opportunities in North Lanarkshire.

4.10 In terms of Strategic Policy 9B, the location of the proposed new net floorspace should be considered in terms of need to safeguard and avoid the diversion or displacement of investment and safeguard and promote vitality and viability of town centre, it is considered that this has been addressed above.

4.11 In relation to Strategic Policy 9C, the reserved matters application for the new town centre at Ravenscraig is still to be submitted to the planning authority. Once an application is submitted, the provision of infrastructure and facilities for the town centre development will be assessed under the relevant policies, legislation and advice at that time.

4.12 With regards to Strategic Policy 10, given the above assessment the proposal does not significantly conflict with the relevant criteria and is therefore not considered to be a departure from the development plan. 4.13 Other policies within the Structure Plan which are considered to be relevant in the determination of this application are Strategic Policies 1 and 6. With regards to Strategic Policy 1, 'Strategic Development Locations' Ravenscraig is highlighted as a Town Centre to be Safeguarded and as an Urban Renewal Area where priority is given to investment in order to maximise the scale of urban renewal. The proposal to intensify the consented floorspace at Ravenscraig should not conflict with the aims and objectives of Strategic Policy 1, the impact to the vitality and viability of the other strategic development locations indicated in this policy has been addressed above. The need to upgrade the quality of the surrounding town centres within North Lanarkshire has been accepted and reflected in the partnership approach adopted by the Council for restructuring and revitalisation of these areas. In relation to Strategic Policy 6(c), the structure plan highlights the requirement to protect, manage and enhance town centres as the preferred locations for retailing and other community focused activities. The current proposal does not conflict with Strategic Policy 1 or 6.

4.14 In terms of the policies within the local plan, the proposal does not conflict with Policies RTLI and RTL 1A of the Southern Area Local Plan and Policy RTCI of the Finalised Draft North Lanarkshire Local Plan insofar as the proposal is to increase net floorspace within a consented town centre and it was established in the determination of the outline planning application that the catchment population may not be from the immediate surrounding area but from a wider catchment area and given the unique retailing concept of Ravenscraig Town Centre, the proposal should still be supported by a sufficient catchment population. Vitality and viability of other centres has been addressed above. With regards to Policies RTLIB, RTL 2 and RTL 5 of the Southern Area Local Plan and Policy RTC 2 of the Finalised Draft North Lanarkshire Local Plan, the Council's involvement in Town Centre Action Plans with improvements and enhancement within existing town centres has been considered above.

4.15 In relation to assessing the application under Policy RTL 4 of the Southern Area Local Plan the following has been considered;

1) Whether the proposal could be supported by the appropriate catchment population; As highlighted above it is considered that the additional net floorspace can be supported by an appropriate catchment population. There is scope for local expenditure to be retained in the area.

2) The effect on the vitality and viability of existing shopping centres; The estimated impact on the vitality and viability of existing shopping centres has been addressed above.

3) The availability of suitable alternative sites in or around town centres; The availability of suitable alternative sites is not considered relevant in the assessment of the current proposal given that the applicant is not proposing additional gross floorspace at Ravenscraig Town Centre. The increase in net floorspace in a consented town centre is to ensure that the retail centre is more marketable and the net to gross ratio reflects the current trends in the retail market.

4) The extent to which proposals would be accessible to public transport and their effects on travel patterns by motor car; Public transport is to be at the centre of Ravenscraig Town Centre proposals with the introduction of a new rail station and bus interchange. Therefore any additional net floorspace will be supported by the proposed public transport provision. A transport assessment was submitted with the outline planning application and suitable conditions and obligations were attached to the consent to ensure upgrading of the surrounding road network. The small increase in net floorspace will not require a new transport assessment at this stage, however at the submission of the reserved matters application, all of the details for the town centre development will require to be reassessed in terms of the impact on the existing road network and public transport provision. 5) The suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment; This criterion in not relevant in the assessment of this application. At present the proposals for the town centre are only in outline. Before the submission of the detailed reserved matters application there is to be the submission of Area Planning Brief which will set design standards for the town centre to ensure that character and amenity is protected and there is no adverse impact to surrounding properties or the environment.

617) Detailed design elements such as building height, materials, positioning and access for pedestrians and disabled people, and the provisions made for vehicular access, parking and the proposal’s impact on pedestrian safety and traffic circulation; The detailed design elements including positioning and access to the town centre is not applicable to the determination of this current planning application, these details will be examined at the detailed planning stage for the town centre.

4.16 It is considered that this current proposal does not conflict with the policies set out in the local plan.

4.1 7 Another material consideration is Scottish Planning Policy 8, Town Centres and Retailing, wherein the emphasis is to focus suitable retail developments and other town centre functions firstly in town centre locations in order to ensure the vitality and viability of these centre. Given the analysis of the proposal above it is considered that this proposal would not significantly conflict with Government guidance.

4.18 With regards to the points of concern raised in the letters of representation (Paragraph 3.2 above):-

a) In terms of the vitality and viability of existing centres, this issue was considered at great length in the outline planning application and has also been addressed above. The Section 75 Legal Agreement, the outline planning conditions along with the improvements, enhancement and restructuring to existing town centres through Town Centre Action Plans should lessen the impact on vitality and viability.

b) The protection of existing retail centres is covered in paragraph 4.9 above.

c) The need for the planning application is covered in paragraphs 4.3 and 4.4.

d) The allowance of unrestricted comparison retailing is covered in paragraph 4.6.

e) The evidence to confirm how the additional expenditure is to be generated and details of the marketing exercise that was carried out for the new Ravenscraig Town Centre, was requested from the applicant. The applicant confirmed that the per capita expenditure rates and growth rates were derived from the Structure Plan Technical Report TR7106. The applicant commented that the expenditure rates as stated in the updated technical report were significantly higher than the rates used in the original retail impact assessment which resulted in some additional available expenditure. The additional information was reviewed by the independent consultant for the Council who confirmed that the results of the analysis using the new base date of 2004 with a horizon at 2011 to obtain the possible expenditure rates for the opening of Ravenscraig Town Centre in 2012 show a lesser level of impact than the figures that arose from the original retail impact assessment which used Technical Report 7 of the Glasgow and Clyde Valley Structure Plan 2000. While the independent consultant agrees with the conclusions from the figures provided by the applicant, it is noted in Paragraph 1.2 of Technical Report 7/06 that because of these differing base dates and horizons used within the capacity assessments care must be exercised when interpreting and comparing the results with the earlier retail study. With regards to the marketing exercise, the applicant confirmed that the existence of a net floorspace restriction is placing Ravenscraig at a serious commercial disadvantage in respect of leasing the scheme. This relates principally to removing the retailers ability for a flexible format. It is stated that the restriction could significantly impact on the ability of retailers to change formats as markets evolve. It is considered that given the current financial climate, marketing the development is going to be difficult. Given there are conditions and planning obligations limiting and controlling the overall retail format, the slight increase in net floorspace to market the development more favourably is considered to be acceptable given that the Council still has the ability to limit the scale and nature of retailing at Ravenscraig. Equally, there is also a need for some flexibility in the development strategy to absorb inevitable changes in a highly dynamic sector.

f) The floorspace restrictions at Ravenscraig Town Centre are covered in paragraph 4.6

g) In relation to transport implications associated with any potential increase in net floorspace, the original Transport Assessment which was approved as part of the outline planning application considered the impact of the town centre on the basis that it would extend to a total of 57,600sqm. Given the conditions attached to the outline consent and the obligations under the Section 75 legal agreement, the extent of the town centre area at Ravenscraig is not to alter. There is no requirement for a new or a revised transport assessment for a small increase in net floorspace.

h) The significance of the application in terms of Schedule 9 of the Glasgow and Clyde Valley Joint Structure Plan is covered in paragraphs 4.9 - 4.1 1.

i) The status of Ravenscraig in terms of relevant structure plan retail policy is covered in paragraphs 4.7 - 4.13.

j) It is acknowledged that the centres identified in the Structure Plan for additional retailing opportunities do not include Ravenscraig, this issue has been addressed in paragraph 4.9.

k) With regards to additional consultation for the application, the Structure Plan Manager was consulted on the matter. His letter confirmed that he considered that the application is not of strategic significance and not a departure from the structure plan. As the application is not significant, it is considered that there is no requirement for consultation with adjoining Local Authorities. A comprehensive analysis of the application has been undertaken by North Lanarkshire Council considering strategic and local policies and advice from the independent consultant on the applicant's supporting information and figures.

I) The proposals will not compromise Town Centre Action Plans, both the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan states that the council will support the development of Town Centre Action Plans. Through the terms of the Section 75 Legal Agreement for the outline consent, the developer is to provide a financial contribution to Motherwell and Wishaw soon after the first retail unit opens at Ravenscraig. The financial contribution is likely to provide some financial support to the projects contained within the Town Centre Action Plans, thereby providing an improvement to the vitality and viability of these town centres. m & n) Ravenscraig Town Centre is not to be a traditional retail concept based on high street type retailers selling items which can be found in surrounding centres. Ravenscraig is to be a unique multifunctional centre, attracting users from a wide area to experience a unique mix of major leisure uses and innovative retail outlets. There has also been an emphasis on a strong integrated relationship between Motherwell, Wishaw and Ravenscraig, with a high level of accessibility and an integrated transport framework which would link these areas together to create a more coherent urban structure in compliance with the Metropolitan Development Strategy of the structure plan. Ravenscraig should complement and form a functional relationship with the existing centres within the surrounding area. The proposals are not considered to be of a significant or detrimental scale which would undermine the Metropolitan Development Strategy.

0) It is felt that North Lanarkshire has a clear retail policy framework within the local plans, the application can be assessed under current policies and it is not considered to be premature.

4.19 In conclusion, it is recognised that there is no longer a specific policy within the revised Structure Plan limiting net comparison floorspace within Ravenscraig Town Centre, however it is also noted that there is no additional retail floorspace provision indicated for Ravenscraig or other town centres within North Lanarkshire. The applicant’s supporting statement with an updated assessment on capacity, expenditure and turnover has provided an indication of the potential impact on existing town centres should condition 16 be deleted. Analysis of the updated assessment concludes that although there will be an impact to local town centres there is not a significant increase in impact. Given that there remains a package of measures to enable existing town centres to restructure through the local plan process and with financial contributions, then a small increase in net floorspace as a result of the removal of condition 16 is considered acceptable and in view of this it is recommended that permission be granted. Application No: sloaioi ~/FUL

Date Registered: 15th January 2009

Applicant: Peter Hughes 106 Old Edinburgh Road Uddingston G716BH

Agent Russell Paterson Associates 5 Bourne Street Hamilton ML3 7BW

Development: Siting of Four Containerised Storage Units

Location: 106 Old Edinburgh Road Uddingston G716BH

Ward: 13 Thorniewood: Councillors Burrows, McCabe and McShannon

Grid Reference: 2~902a6~2242

File Reference: S/PL/BF/9/71/GAR/GF

Site History: SI9710131OIFUL Erection of Dwellinghouse - Granted 23rd June 1997

Development Plan: Southern Area Local Plan 2008 Zones the site partly as ENVG (Green Belt) and partly as HSG 7 (Established Housing Areas).

Contrary to Development Plan: Yes

Consultations: British Gas (Comments) Scottish Power (Comments) Health & Safety Executive (No Objection)

Representations: Two letters of representation received

Newspaper Advertisement: Advertised on 29th January 2009

Recommendation: Refuse for the Following Reasons:-

1. That the use of the site for the storage of containers is contrary to policy HSG7 of the Southern Area Local Plan 2008 in that it would result in an unacceptable loss of residential amenity due to the intensification of an activity considered inappropriate in a residential setting.

2. That the use of the site for the storage of containers is contrary to the aims of Policy ENV6 of the Southern Area Local Plan 2008 and National Planning Policy SPP21 (Green Belt) as it would constitute inappropriate development within the Green Belt.

3. That the use of the site for the storage of containers is contrary to policy TR13 of the Southern Area Local Plan 2008 as it would lead to intensification of use of the existing access which is substandard and would have a detrimental effect on road safety.

4. That the use of the site for the storage of containers is contrary to policy IND9 in that the applicant has failed to demonstrate a deficiency in land supply for industrial development, that the proposal will result in an unacceptable impact on the residential character of the area in which it is set and that the provisions made for servicing, access, vehicle circulation, manoeuvring and parking are inadequate.

Background Papers:

Application form and plans received 24'h December 2008

Letter from British Gas received 2gthJanuary & 4th February 2009 Letter from Scottish Power received gth February 2009 Letter from Health and Safety Executive received !jthFebruary 2009

Memo from Transportation Team Leader gth February 2009

Letter from VVilliam Jack, 10 The Cuillins, Uddingston, G71 6EY received !jthJanuary 2009 E-mail from Pauline Hughes (joint owner) received 2"d March 2009

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 274103.

Date: 18 March 2009 APPLICATION NO. S1081017551FUL

REPORT

1. Description of Site and Proposal

1 .I This application is for the siting of 4 metal containers within the ground of a domestic property, one of which is retrospective.

1.2 The site is accessed via the domestic curtilage of 106 Old Edinburgh Road and Aarron house. There is potential for this access to serve a further two residential properties following the submission of planning application S/08/01756/OUTfor a residential development in outline which remains under consideration. The area proposed for the siting of the containers measures 57.6 square metres and will lie beyond the boundary of the domestic curtilage which is defined by a mature hedge line. The land beyond the hedge line being open countryside gently slopes east to west eventually meeting Maryville interchange. Access to the site is in part over an existing enclosed area of hard standing which is unmarked and serves two residential properties.

2. Development Plan

2.1 The site is zoned partly within ENV 6 (Green Belt) and partly within HSG 7 (Established Housing Areas) on the Southern Area Local Plan 2008.

3. Consultations and Representations 3.1 Scottish Power and Scottish Gas/Transco do not object subject to any developer having due regard to their services. It should be noted that there are high pressure gas pipelines in the area and consultation with the Health and Safety Executive was advised.

3.2 The Health and Safety Executive does not advise, on safety grounds against the granting of planning permission due to the proximity of a high pressure gas pipeline.

3.3 The Transportation Team Leader recommended refusal of the application as the access fails to achieve the required visibility splay and junction spacing. In addition the intensification of the use of this substandard access could have a detrimental effect on road safety.

3.4 Following an advert in the local press and the standard neighbourhood notification process one letter of representation was received from a neighbouring resident and an e-mail communication was received from a joint owner of the site. The points of objection can be fairly summarised as follows:

1) The site which was solely residential was quiet in 1986 however the site owner has steadily increased his business activities over the years without the benefit of planning permission.

2) In applying for a further three containers the land owner intends to expand his business further or increase the commercial use of the site. The applicant can no longer claim to be a one man business operating from home and this commercial activity should be relocated in a suitable commercial site. The site owner runs a landscaping business from the site which entails the movement of vans at all hours of the day, the operation of industrial plant and noise from the activities of workmen and the unsightly storage of rubbish in the open. 3) The proposal is not reasonable within a residential area as it will lead to a serious loss of amenity due to an increase in activity and noise from commercial activity. The proposed containers will be visible from the objectors dwelling and any increased activity would be audible. The proposed access road for this application passes the objector’s house.

4) There is a main gas pipe which runs under the site which merits consultation with Scottish Gas.

4. Planninn Assessment and Conclusions

4.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application is not of strategic significance and therefore requires to be assessed against the Southern Area Local Plan 2008.

4.2 The site is zoned within an area covered by ENVG (Green Belt) and HSG 7 (Established Housing Areas). Policies TR13 (Assessing the Transport Implications of Development) and IND9 (Assessing Applications for Industrial and Business Development) are also relevant to consideration of this application.

4.3 Policy ENVG of the Southern Area Local Plan 2008 states that the Council will safeguard the character and function of the Green Belt, and indicates that there will be a presumption against development other than that required for agriculture or appropriate other rural uses. The existing unauthorised use does not currently lie within the established Green Belt, however the proposed relocation and expansion of container storage would represent a new development in the Green Belt. In some circumstances there may be exceptions to Green Belt Policy where there is a specific locational need or appropriate rural use. However despite requests for information to support their case the applicant has declined to do so, the proposal is therefore contrary to Policy ENVG.

4.4 Policy HSG 7 (Established Housing Areas) seeks to protect the established character of existing and new housing areas by opposing development which is incomparable with a residential setting or adversely affects the amenity of established housing areas. The use of the site for storage facilities for a business use goes beyond a use incidental to a dwelling and would adversely affect the established amenity and character of the area. The proposal does not therefore comply with policy HSG 7.

4.5 Policy IND9 (Assessing Applications for Industrial and Business Development) seeks to provide guidance on the circumstances where development may be appropriate on sites outwith established industrial and business areas or on sites that do not form part of the land supply for industry and business. The Council requires to be satisfied that development would not prejudice the uptake of recognised sites. The applicant has not provided evidence of this. Similarly development proposals outwith Established Industrial and Business Areas require to be considered against their wider environmental impacts. The site is not vacant or derelict, it is set within an established residential area and would result in an unacceptable impact on the residential character of the area. The proposal does not therefore comply with policy IND 9.

4.6 Policy TR 13 (Assessing Transport Implications of Development) sets out criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; the provisions made for access, parking and vehicle manoeuvring. As indicated at paragraph 3.2 the Transportation Team Leader has recommended refusal of this application. Therefore it is considered that as the access arrangements are unsuitable the development does not comply with Policy TR 13. 4.7 A material consideration in the assessment of the application the Finalised Draft North Lanarkshire Local Plan. As in the Southern Area Local Plan 2008 the site is partially zoned as ENVG (Assessing Development in the Green Belt) and partially HCFl (Protecting Residential Areas). Thus the policy position remains unaltered from the adopted Plan.

4.8 In respect of the points made in the letter of representation, I would respond as follows:

1-3) Details of how the site will operate, detailing activities, were requested in order to establish the current use of the site. No details were received in response to this request however the use of the site to store containers is considered to be unacceptable within a residential area for reasons of amenity as outlined in paragraph 4.4 & 4.5 above. I agree that the development may lead to a loss of residential amenity due to increased activity, noise, and the associated hours of operation.

4) The Department has consulted both Scottish Gas Networks & and the Heath and Safety Executive. No objections to the application were received.

4.9 In conclusion, it is considered that the development is contrary to policy HSG7 as it would result in an unacceptable loss of residential amenity. Similarly the development is contrary to policy IND9 for reasons of amenity loss; and the applicant has also failed to demonstrate a deficiency in industrial and business land supply for this proposal. The development is also contrary to policy TR13 as it would have a detrimental effect on road safety. In considering Policy ENVG the applicant has failed to provide justification for this application and it would constitute inappropriate development within the Green Belt. I therefore recommend that the application is refused. Application No: SI08101756/OUT

Date Registered: 24th December 2008

Applicant: Peter Hughes 106 Old Edinburgh Road Uddingston G716BH

Agent Russell Paterson Associates 5 Bourne Street Hamilton ML3 7BW

Development: Residential Development in Outline

Location: Site Adjacent To Aarron House 106 Old Edinburgh Road Uddingston G716BH

Ward: 13 Thorniewood: Councillors Burrows, McCabe and McShannon

Grid Reference: 268960 662 185

File Reference: S/PL/BF/917 1IGARIGF

Site History: S/9710031O/FUL Erection of Dwellinghouse - Granted 23rd June 1997

Development Plan: Southern Area Local Plan 2008 - ENV6 (Green Belt) & HSG 7 (Established Housing Areas)

Contrary to Development Plan: Yes

Consultations: Scottish Water (No Objections) British Gas (Comments) Scottish Power (Comments) West of Scotland Archaeology Service (Comments) Health & Safety Executive (No Objection)

Representations: No letters of representation received

Newspaper Advertisement: Advertised on 15th January 2009 ii ,.../ , I ill Recommendation: Refuse for the Following Reasons:-

1. The proposal is contrary to Policy ENV6 of the Southern Area Local Plan 2008 and National Planning Policy SPP21 (Green Belt) as it would constitute inappropriate development within the Green Belt.

2. The proposal is contrary to policy TR13 of the Southern Area Local Plan 2008 as it would lead to intensification of use of the existing access which is substandard and would have a detrimental effect on road safety.

3. The proposal is contrary to Policy HSGll of the Southern Area Local Plan 2008, which seeks to direct new residential development to Brownfield land in preference to the release of land in Greenfield areas.

Background Papers:

Application form and plans received 24'h December 2008

Letter from British Gas received 12'h & 7'h January 2009 Letter from Scottish Power received 1gth January 2009 Letter from Scottish Water received 8'h January 2009 Letter from West of Scotland Archaeology Service 29Ih January 2009 Letter from the Health & Safety Executive received 26'h January 2009

Memo from the Traffic and Transportation Team Leader received gth February 2009

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01698 274103.

Date: 18 March 2009 APPLICATION NO. S10810175610UT

REPORT

1. Description of Site and Proposal

1.1 This application is for residential development in outline. An indicative plan submitted shows the footprint for two detached properties.

1.2 The site measuring 0.1 ha approximately comprises of an area of level domestic garden ground divided by a mature hedge. The 15 metres of the site beyond the hedge line extends into open countryside to the west. Dwellinghouses lie adjacent to the east and north of the site and the eastern edge of the site is bound by Old Edinburgh Road. The site will be accessed via an exiting access on Old Edinburgh Road which currently serves the four dwelling houses to the south. To the west lies open grass land.

2. Development Plan

2.1 The Southern Area Local Plan 2008 zones the site partly as ENVG Green Belt and partly as Policy HSG 7 (Established Housing Areas).

3. Consultations and Representations

3.1 Scottish Water has no objections to the proposal.

3.2 BT, Scottish Power and Scottish Gas/Transco have not objected but commented on the developer having due regard to their services and the last noted that there are high pressure gas pipelines in the area.

3.3 The Health and Safety Executive does not advise, on safety grounds against the granting of planning permission due to the proximity of a high pressure gas pipeline.

3.4 The Transportation Team Leader recommended refusal of the application as the access fails to achieve the required visibility splay and junction spacing. In addition the intensification of the use of this substandard access could have a detrimental effect on road safety.

3.5 The Head of Protective Services has advised that a desktop study of the site should be prepared addressing potential aspects of contamination.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application is not of strategic significance and therefore requires to be assessed against the Southern Area Local Plan 2008.

4.2 The site is zoned within an area covered partly by Policy ENVG (Green Belt) and partly by Policy HSG 7 (Established Housing Areas). Policies HSGll (Housing in the Green Belt and Countryside) and TR13 (Assessing the Transport Implications of Development) are also relevant to consideration of this application.

4.3 Policy ENVG of the Southern Area Local Plan 2008 covers approximately half the site and states that the Council will safeguard the character and function of the Green Belt, and indicates that there will be a presumption against development other than that required for agriculture or appropriate other rural uses. The proposal would lie in part within the established Green Belt and would therefore be a new development in the Green Belt. However it is recognised that in some circumstances there may be exceptions to Green Belt Policy where there is a specific locational need or appropriate rural use, Despite requests for information to support their case the applicant has failed to do so. The applicant was also given the opportunity to amend the application plans to exclude the Green Belt area but has not done so. It is considered that residential development at this site would form an unacceptable intrusion into the Green Belt therefore the proposal is contrary to Policy ENV6.

4.4 Policy HSG7 (Established Housing Areas) covers approximately half the site and seeks to protect the established character of the existing housing area by opposing development which is incompatible with a residential setting. In principle residential development at this location would accord with this zoning. It is considered that one dwelling of similar footprint could be accommodated within the existing garden ground without affecting the amenity and character of the existing housing area. Although residential development at the part of the site HSG7 would result in the existing house having no frontage, given the circumstances that exist at this site in relation to the siting of the existing properties, I do not consider that this would warrant refusal of permission. Thus the proposal complies with policy HSG7.

4.5 Policy HSG 11 (Housing in the Green Belt and Countryside) considers a number of criteria the Council will consider when determining proposals for new houses in the Green Belt. New houses, which do not form replacement dwellings, will only be permitted where there is a proven operational need in accordance with policies ENVG (Green Belt) and ENV8( Rural Investment Area). Notwithstanding a written request from the department for the applicant to justify the proposal on grounds of specific locational need no response was received. The proposal does not comply with policy HSGl1 in this respect.

4.6 Policy TR 13 (Assessing Transport Implications of Development) sets out criteria including: the level of traffic generated and its impact of the environment and adjoining land uses; the provisions made for access, parking and vehicle manoeuvring. As indicated at paragraph 3.2 the Transportation Team Leader has recommended refusal as the intensification of use of the access which is substandard would have a detrimental effect on road safety. Therefore the development does not comply with Policy TR 13.

4.7 National Green Belt policy is set out in SPP21 (Green Belt), which states that there should be a general presumption against inappropriate development in the designated Green Belts. This policy also sets out the purposes of Green Belts, which include establishing a clear definition of settlement boundaries and maintaining the landscape setting of towns and to direct planned growth to the most appropriate locations and support regeneration. Similarly SPPl “The Planning System” aims to ensure that development and changes in land use occur in suitable locations and are sustainable. It indicates that, in particular, planning should encourage sustainable development by promoting the use of Brownfield land and minimising Greenfield development. This development is contrary to National Policy SPP21 (Green Belt).

4.8 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan. As in the Southern Area Local Plan 2008 the site is partially zoned as ENVG (Assessing Development in the Green Belt) and partially HCFI (Protecting Residential Areas). Thus the policy position remains unaltered.

4.9 In terms of the consultation responses from Protective Services, Geotechnical and The West of Scotland Archaeology Service, if the committee is minded to grant this application, suitable conditions to address the matters raised should be attached to cover these matters. It is not considered that the current lack of a drainage statement and the remaining need for consultee comments is a reason not to determine the application. The policy position would outweigh any other material considerations raised in these reports or responses. 4.10 In conclusion, it is considered that the proposal complies with policy HSG7 as the principle of housing at this location would not affect the established character of the existing residential area. However, only half of this site is zoned for HSG7, the remainder being Green Belt. In considering National Planning Policy 21 and ENV6 the applicant has failed to provide justification for this proposal which constitutes inappropriate development within the Green Belt. The proposal is also contrary to policy HSGll in that the applicant has failed to justify the proposal on grounds of specific locational need. The proposed development would form an unacceptable extension of the urban area into the Green Belt. The proposal would also have a detrimental effect on road safety and does not therefore comply with policy TR13. I therefore recommend that the application is refused. Application No: S1081017591FUL

Date Registered: 13th January 2009

Applicant: Scottish Prison Service Calton House 5 Redheughs Rigg Edinburgh EH12 9HW

Agent TPS 86 Commercial Street Edinburgh EH6 6LX

Development: Demolition of Prison, Including Security Walling and Fencing and Erection of New Prison Including GatesNisits Building, Facilities Building, House Blocks, Regimes Building, Segregation Unit, Linked Walkways, Car Parking, New Perimeter Security Wall and Internal Security Fences and Associated Roadworks and Landscaping

Location: Shotts Prison Newmill And Canthill Road Shotts ML7 4LE

Ward: 12 Fortissat: Councillors Cefferty, McMillan and Robertson

Grid Reference: 285514660938

File Reference: SIPLIBFII 71451JL

SI9711 0202lCN Extension to Central Kitchen Site History: S/00/00081/CNO Construction of Attenuation Pond and Drainage Works 0 S/00/00082/CNO Construction of Car Park and Associated Lighting S/08/01759/FUL Demolition of Prison, Including Security Walling and Fencing and Erection of New Prison Including GatesNisits Building, Facilities Building, House Blocks, Regimes Building, Segregation Unit, Linked Walkways, Car Parking, New Perimeter Security Wall and Internal Security Fences and Associated Roadworks and Landscaping

Development Plan: The Southern Area Local Plan 2008 zones the site as ENV 8 Rural Investment Area

Contrary to Development Plan: No IN^ ~~LI~ATI~NNo. S 108 101759 / FUL DE~L~TI~NOF PRISON, lNCLiJDlNG SECURITY LING AND FENCING PddD ERECTICN OF NW PRISfN, INCLU~INGGATES IVlSITS ~ILDI~G, FKlLlTlES BUILCIING, HOUSE BLOCKS, REGIMES BUILDING, SEGREGPIION UNIT, LINKED ~~L~~AYS. CPR PBRMNG, N~PERIM~ER~~IJRIT~WALL MID INTERRIW- FENCES MID SSOCIATED R~~R~SAN~ IN^ SHOTS PRISON, N~LL~DGPNTHIU ROM, SHOTS Site area =7 00 ha Consultations: Central Scotland Forest Trust (No objections) Councillor Charles Cefferty Councillor Malcolm McMillan Councillor James Robertson Head Of Protective Services (No objections) Scottish Environment Protection Agency (No objections) Scottish Water (No objections)

Representations: No letters of representation received

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- PLMPAL2003 rev G, PLLWAL2001 rev D, PLMPAL2001 rev B, PLMPAL2000 rev E, PLMPAL2020 rev C, PLGVAL")!) rev A, PLGVAE2001 rev A, 3141:20:EX:SK150, AL(0)105 rev C, AL(0)141 rev C, AL(0)140 rev C, AL(0)103 rev F, AL(0)102 rev F, AL(0)IOI rev F, AL(O)101, AL(0)100, AL(0)130, AL(0)140 rev D, AL(0)102, PLFAAE2001 rev 6, PLFAAL2010 rev E, PLGVAL(20)07 rev A, AL(0)102 rev D, AL(0)IOO rev F, AL(0)IOO rev F,

Reason: To clarify the drawings on which this approval of permission is founded.

3. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: In order to ensure that materials are visually acceptable in a local context.

4. That before development starts, details of the external finish to the perimeter wall shall be submitted to and approved by the Council as Planning Authority.

Reason: In the interests of visual amenity.

5. 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 approved in writing by the Planning 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 for 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 Planning Authority.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

6 That PRIOR to any works commencing on site, the applicant must confirm in writing to the Planning Authority that any foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

7. 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 infrastructureto serve the development.

Reason: To ensure the provision of satisfactory site infrastructure.

8. That before the development hereby permitted starts, a scheme of landscaping, shall be submitted to and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, 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 (which shall be of native species); (c) an indication of all existing trees and hedgerows, plus details of those to be retained, (d) a timetable for the implementation of these works to be implemented contemporaneously with the development.

Reason: In the interests of amenity and in consideration of the desirability of tree plantingketentionon the new edge of the site.

9. That the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the replacement prison being brought into use. Any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.

10. That before the Prison is occupied (or such other timescale as may be agreed in writing by the Planning Authority), the works required in order to remove or render harmless any contaminants (having regard to the proposed use of the site), as detailed in the Johnson Poole & Bloomer Site Investigation Report dated October 2008, shall be completed to the satisfaction of the Planning Authority, and a certificate (signed by a Chartered Engineer) shall be submitted to the Planning Authority confirming that the approved remediation works have been carried out.

Reason: In order that the site is suitable for the proposed use.

11. That prior to any work commencing on any new Prison structure, outwith the 'enabling contract', scope as identified in the "Construction Traffic Management Plan for Shotts" dated 20th March 2009, and on completion of the new Newmill and Canthill Road access gate the existing ‘emergency’ access arrangement onto Newmill and Canthill Road shall be closed off and the land reinstated to the satisfaction of the Council as Planning Authority.

Reason: A new improved access is being constructed

12. That prior to work commencing on site, a Structural Design Certificate shall be submitted to the Council to ensure the stability of the perimeter wall.

Reason: In the interests of public safety.

13. That all accesses onto Newmill and Canthill Road shall be via 10.5m radius junction arrangements to the satisfaction of the Council as Planning Authority.

Reason: In the interests of Road safety

14. That for the avoidance of doubt, the new ‘emergency access’ shown on the approved plans shall be constructed with 10.5m radius kerbs, leading to a 7.3m wide access road, the first 15m of which shall be finished to basecourse level, prior to it coming into use to the satisfaction of the Council as Planning Authority. For the avoidance of doubt, the new ‘emergency access’ shall not be brought into use until the existing access is closed off to the satisfaction of the Council as Planning Authority.

Reason: In the interests of Road safety.

15. That visibility splays of 4.5m x 120m shall be achieved and maintained along Newmill and Canthill Road in both directions at all access points into the prison. For the avoidance of doubt, everything exceeding 1.05metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above the road level shall be planted, placed, erected or allowed to grow, within these sight line areas.

Reason: In the interests of road safety.

16. That, in the event that the area of ground highlighted BROWN (East of Newmill & Canthill Road)on the approved Site Layout plan is to be utilised as a Staff compound area during the Phase 2 development, further information in respect of a suitable traffic management scheme, boundary treatment shall be submitted to and approved by the Council as Planning Authority.

Reason: These details have not been submitted or approved.

17. That no trees within the application site shall be lopped, topped or felled without the prior written approval of the Council as Planning Authority.

Reason: In the interests of amenity. Background Papers:

Application form and plans received 24'h December 2008

Letter from Scottish Environment Protection Agency received 16'h February 2009 Letter from Scottish Water received 1Ith March 2009 Memo from Head Of Protective Services received 18'h February 2009 Memo from Transportation Team Leader received 13'h March 2009 Memo from Community Services received 27Ih February 2009

Southern Area Local Plan 2008

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01698 274106.

Date: 23 March 2009 APPLICATION NO. S1081017591FUL

REPORT

1. Description of Site and Proposal

1.I Planning consent is sought for the demolition of the existing prison and erection of new prison including gates, visits building, facilities building, house blocks, regimes building, segregation unit, linked walkways, car parking, new perimeter wall and internal security fences and associated roadworks and landscaping at land to the East of the existing prison within the Prison Grounds. The application site also incorporates a piece of agricultural land on the opposite side of the road from the prison which it is intended to utilise this area as a temporary accommodation area for the construction workers. This land will be returned to agriculture once the development is complete. The site is bounded to the west by the existing prison and residential properties (formerly associated with the prison)with agriculture beyond, to the south and east by Newmill and Canthill Road with agriculture beyond and to the north by Agricultural land and Fortissat Bing, which is a Site of Importance for Nature Conservation. Within the proposed site the ground levels fall from south to north perimeter security walls by approximately 12metres.

1.2 It is proposed to construct a new Prison that encompasses two no. 4 storey Houseblocks, a single storey Segregation Unit, a 2/3 storey Regimes building, a covered linked walkway throughout, a 112 storey Facilities building and a three storey Gates and Visits building. It is proposed to close the existing access and form two new accesses to the site. A new Staff and Visitors vehicle entrance off Newmill & Canthill Road, south west of the Gates & Visits Building, creates a separate access from prison deliveries. The car park arrangement ensures staff and visitors parking is split by a landscaped boulevard which will eventually lead towards a proposed bus stop off the relocated delivery access road South West of the new site. It should be noted that continuous access to the existing residential dwellings will be maintained, albeit via the new access in close proximity to the existing access. One large car parking area replaces the existing two car park arrangement.

1.3 Perimeter security walls consist of an outer precast concrete wall 5.2metres high with an inner security fence 5.2metres high, located 7.5metres from the outer wall. On the public side of the concrete perimeter wall no climbing aids should be within 7.5metres of this wall line. All buildings within the prison must be at least 15metres clear of the inner perimeter security fence. The only exception to this rule is the Gates & Visits Facility. Within the prison, security zones are formed by 5.2 high fences to segregate the various facility types.

2. Development Plan

2.1 The site is zoned as ENV8 Rural Investment Area in the adopted Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 My Transportation Team Leader has no objections subject to conditions relating to visibility requirements,

3.2 My Geotechnical Team Leader has offered no objections to the proposed development and is satisfied with the surface water drainage regime proposed for the site.

3.3 My Landscape Services Section offered no objections to the proposed development, however stated that they have concerns over the short length views around the site and the overall appearance of the development. 3.4 My Conservation and Greening Section have no objection provided appropriate conditions are attached to any approval.

3.5 Scottish Water has no objection to the proposed development, however state that non objection does not guarantee a connection to their infrastructure. Approval for connection can only be given by Scottish Water when the appropriate application details have been received.

3.6 SEPA have offered no objections to the proposal provided that Scottish Water are satisfied with the proposed foul drainage proposals for the site. SEPA expect the applicant to use sustainable drainage techniques for the discharge of surface water from the site and are satisfied that this can be achieved.

3.7 No letters of objection have been received.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant. The site is identified as Policy ENV8 (Rural Investment Area) in the Southern Area Local Plan (2008). ENV 1 (The Environment); ENV4 (Contaminated Land); ENVS (Assessment of Environmental Impact); ENVS (Flooding); ENVl3 (Biodiversity); TR13 (Assessing the Transportation Implications of Development) are also relevant to the assessment of this application.

4.3 Policy ENV8 (Rural Investment Area) seeks to promote and protect the Countryside and will not normally permit development other than that which relates to agriculture, forestry or other appropriate uses. The use at the site is already established, as HM Shotts Prison has been in use at the site for some considerable time, circa 30 years.

4.4 Policy ENVI (The Environment) supports sustainable development by seeking to maintain and enhance the quality of the environment in the long term interest. The demolition of the existing Prison and the construction of a new Prison within the it's grounds is considered to be a sustainable use of the land as it does not encroach into the surrounding countryside. The developer has also supplied a Sustainability Design Statement which explains the sustainability measures being implemented as part of the redevelopment of Shotts Prison, including a comprehensive list of mechanical and electrical energy efficiency measures to be incorporated within the design of the new prison. The proposals are therefore considered to accord with policy ENVI.

4.5 Policy ENV4 (Contaminated Land) requires developers to investigate the conditions of contaminated land prior to development and to detail remedial action to be undertaken. A Ground Investigation Report has been submitted and assessed by the Council and it's findings are considered to be satisfactory. The application is therefore considered to accord with policy ENV4.

4.6 Policy ENVS (Assessment of Environmental Impact) sets criteria for assessing the environmental impact of proposed development. These include; suitability of the proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution and flooding risk; the loss of natural habitats and protected species; the extent to which derelict land is regenerated and the need for specific measures to ensure satisfactory restoration of the site. Having assessed the proposals and in view of the consultation responses detailed above, it is considered that the proposed development is suitable to the character of the area given that it constitutes development within the Prison grounds and, as stated in 4.4 above will not encroach into the surrounding countryside.

4.7 Policy ENV9 (Flooding) indicates that where development is proposed in areas with a history of, or potential for flooding, the Council will require a statement from the applicant showing measures to ameliorate the potential effects of flooding at the site or elsewhere as a result of the development. The information supplied by the applicant has adequately covered all drainage and flooding matters and both the Council’s Geotechnical Section and SEPA have offered no objections to the proposed development. The application is therefore considered to accord with policy ENV9.

4.8 Policy ENV13 seeks to maintain and enhance the nature resources of the plan area by the protection of habitats, species and natural features which are vulnerable andlor specifically protected and by a requirement to take account of the needs of wildlife where new development is proposed. Following survey work and consultations with the Council’s Conservation and Greening Section the proposed development is considered to have no significant impact on any species located on or adjacent to the site. Conditions are recommended to safeguard protected species at the site. The proposals are therefore considered to accord with policy ENVI3.

4.9 In assessing the transport implications of development, Policy TR13 applies. This policy requires assessment of the proposal against various criteria including: the level of traffic generated; the impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. As indicated at paragraph 3.1 the Transportation and Maintenance Sections have no objections to the proposals. The proposed development will be serviced by the existing transportation infrastructure which currently services the site. The proposals are therefore considered to be in accordance with policy TRI 3.

4.10 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan. The site is zoned as ENV 7 (Assessing Development in the Rural Investment Area) which seeks to manage development in the Rural Investment Area. Policies DSPI (Amount of Development); DSP2 (Location of Development); DSP3 (Impact of Development); DSP 4 (Quality of Development) are also relevant to the assessment of the application.

4.11 Policy ENV 7 states that the Council will accept proposals that will not detrimentally effect the natural heritage of the area, will not breach natural boundaries, are of an appropriate design and scale, accords with Central Scotland Forest Strategy, proposal will not result in the loss of prime agricultural land and will protect residential amenity. It is considered that the proposals accord with this policy.

4.12 Policies DSP 1, DSP 2, DSP 3 and DSP 4 apply to all development proposals and cover the strategic nature of developments. The proposed development is for a new Prison Campus built within the grounds of the existing prison and not encroaching into surrounding countryside. All consultees are satisfied with the proposals and as such it is considered to accord with NLLP policy. The proposed development is therefore considered to accord with the strategic nature of policies DSP 1, DSP 2, DSP 3, and DSP 4 of the Finalised Draft North Lanarkshire Local Plan.

4.13 In terms of the consultation responses, my Transportation and Protective Section, Scottish Water, SEPA, NLC Community Services and Geotechnical Services have offered no objections to the proposed development. It is therefore considered that all the relevant points can be addressed by the imposition of recommended conditions.

4.14 In conclusion, The Scottish Prison Service (SPS) are seeking planning consent to replace their existing prison facility at Shotts with a new build prison within their grounds, which would meet their requirements in terms of sustainability, energy efficiency, together with operational and security requirements to further enhance the safety and wellbeing of inmates and staff and the protection of the public in general. It is considered that the new prison is acceptable in design/layout terms and should not significantly impact on the amenity of the adjacent areas. The proposal will, in effect provide a new, state of the art, sustainable facility thereby replacing an outdated, inefficient existing prison. Therefore, the proposal can be justified in relation to Policy ENV8, ENV 1; ENV4; ENV5; ENVS; ENV13 and TR13 of the Southern Area Local Plan 2008. It is recommended that planning permission be granted subject to conditions. Application No: S/09/000731FUL

Date Registered: 5th February 2009

Applicant: Mr 8, Mrs Stuart Chidley East Belmont Horsley Brae Overtown

Agent Alex Cullen & CO 18A Bloomgate Lanark ML11 9ET

Development: Erection of Replacement Dwellinghouse

Location: East Belmont Horsley Brae Overtown North Lanarkshire

Ward: 20 Wishaw: Councillors Adamson, Love, McKay and Pentland

Grid Reference: 279321652457

File Reference: S/PL/BF/2/40/GSM/GF

Site History: S/07/01760/AMD Erection of One and a Half Storey Extension to Rear of Dwellinghouse and Formation of Dormer to Front - Granted 24th December 2007

Development Plan: The site lies in an area zoned as Green Belt and an Area of Great Landscape Value in the Southern Area Local Plan 2008

Contrary to Development Plan: No

Consultations: None

Representations: No letters of representation received

Newspaper Advertisement: Advertised on 18th February 2009 c

~~ING~~IC~TI~NNo StDSIMXlfSf FUL ERECTION OF REWEMENT DWELINGHOUSf EAST BBMONT, HORSLEY BRME,0\6ERTOW Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, windows, dormer faces, sides and roofs and a scheme for the repairheinstatement of the stonework and slate on the existing cottage shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt the facing materials on the projecting part of the south west elevation shall be entirely stone and the rest of the dwellinghouse shall include a stone base course and neutral coloured render with smooth banding or stonework around window/door openings and a slate roof.

Reason: To enable the Planning Authority to consider these aspects in detail.

3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in detail.

4. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.

Reason: To ensure that the site is free of contamination in the interests of the amenity of future residents.

5. That any remediation works identified by the site investigation report required in terms of Condition 4 above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the dwellinghouse hereby approved. 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 the site is free of contamination in the interests of the amenity of future residents.

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 drainage arrangements.

7. That before the dwellinghouse hereby approved is occupied the associated parking and manoeuvring area as hatched YELLOW on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking provision.

8. That before the dwellinghouse hereby permitted is occupied, the driveway associated with it shall be completed and the first 2 metres of this access beyond the limit of the adjoining public road shall be surfaced in an impervious material.

Reason: In the interests of traffic safety.

9. That, except for the terms of condition (2) above or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawing numbers; E26/04, E26102, 867/4B, 86768.

Reason: To clarify the drawings on which this approval of permission is founded.

10. That within 3 months of the dwellinghouse hereby permitted becoming occupied that the existing dwellinghouse at East Belmont shall be demolished and the site reinstated to the satisfaction of the Planning Authority.

Reason: To ensure the dwellinghouse replaces the existing house and to comply with Green Belt Policy.

Background Papers:

Application form and plans received 26'h January 2009

Letter from British Gas received 2ndMarch 2009

Memo from Head Of Protective Services received 20thFebruary 2009 Memo from Transportation received 1 lthMarch 2009

Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 274104.

Date: 18 March 2009 A PPLlCATlON N0. S/09/00073/FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks planning permission for the replacement of a dwellinghouse at East Belmont, Horseley Brae, Overtown. The application site is a rectangular shaped area of land measuring 0.24 ha and slopes downwards north to south overlooking the Clyde Valley.

1.2 The applicant proposes to demolish the existing dwelling and erect a dwelling 8.5 metres south with a gap of 2 metres from the existing footprint. The proposal is similar in shape, scale and design to the existing dwelling and single storey in height.

1.3 The existing dwellinghouse was granted permission for an extension on the 24'h December 2007 and the site investigation revealed mineral instability. The ground conditions require a grouting scheme and the applicant proposes to reposition the dwellinghouse within the site on ground which can be more easily and more economically grouted in advance of building works.

2. Development Plan

2.1 The site is covered by policies ENVG (Green Belt) and ENV15 (Area of Great Landscape Value) of the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 My Transportation Section have raised no objections to the proposal subject to 4 parking spaces being provided.

3.2 My Geotechnical Team Leader commented that the ground conditions are such that there is a risk of subsidence related to the collapse of old mine workings which could affect the structural integrity of the existing house and that the proposal does not seem unreasonable in these circumstances.

3.3 My Protective Services Team Leader raised no objections subject to the requirement for a site investigation report.

3.4 No representations were received following the neighbour notification and newspaper advertisement.

4. Planning Assessment and Conclusions

4.1 This application is not of strategic significance and therefore only requires to be assessed against the Southern Area Local Plan 2008. The site is zoned as ENV 6 (Green Belt) and ENVI 5 (Area of Great Landscape Value). Policies HSG 11 (Housing in the Green Belt and Countryside) and TR13 (Assessing the Transportation Implication of Development) are also relevant in this case.

4.2 Policy ENVG seeks to safeguard the character and function of the Green Belt and there is a presumption against development unless associated with a bona fide rural use. Policy HSG 11 allows for the replacement of houses in the Green Belt where it can be demonstrated that the existing building is of poor quality and that any development should not result in an increase in the number of units or a significant increase in overall floorspace and shall be located, as close as possible to the existing footprint. In this instance the ground conditions underneath are such that relocating the dwelling to an area where the footprint can be grouted would provide a more stable and secure location. The proposed dwelling would not result in an increase in floorspace of the existing dwelling. The applicant has submitted supporting evidence in the form of a site investigation and, as detailed in paragraph 3.2, my Geotechnical Team Leader has no objections to this, therefore this is considered to be acceptable. This policy also sets criteria for assessing new housing applications, including visual prominence of the site, design issues, vehicular access and site drainage. The site lies within the Area of Great Landscape Value (ENVIS), the design and scale of the new house is similar to that approved previously and subject to a condition to secure acceptable materials it is considered to be suitable for this location. The traffic issues relating to the proposal will be considered under assessment of the application against policy TR13.

4.3 Policy TR 13 sets criteria relating to road and pedestrian safety, parking and servicing. As discussed above in paragraph 3.1 my Transportation Team Leader has raised no objections to the proposal and it meets the minimum parking requirements therefore it is in compliance with Policy TR 13.

4.4 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

4.5 With regard to comments received from Protective Services, a condition is proposed requiring a site investigation report.

4.6 In conclusion I am satisfied that the replacement of the dwellinghouse is acceptable from a planning viewpoint and that the proposal is therefore in accordance with policies ENV6, HSGl1 and TR13 of the Southern Area Local Plan 2008. Conditions are proposed to safeguard the impact of the proposed development on the character of the Green Belt and Area of Great Landscape Value. Application No:

Date Registered: 12th February 2009

Applicant: Mr & Mrs Townsley 71 Chapel Road Bogside ML2 9QT

Development: Erection of Replacement Dwellinghouse (Single Storey with Roof Accommodation)

Location: Old Mill Cottage Old Mill Road Shotts ML7 5BX

Ward: 12 Fortissat: Councillors Cefferty, McMillan and Robertson

Grid Reference: 285365658447

File Reference: S/PL/BF/3/17IFMIGF

Site History: S/08/00673/FUL - Erection of a Replacement Dwellinghouse - Refused 1 1th June 2008

Development Plan: The site is identified as Rural Investment Areas (ENV8) in the Southern Area Local Plan 2008

Contrary to Development Plan: No

Consultations: None Required

Representations: No letters of representation received

Newspaper Advertisement: Advertised on 25th February 2009

Recommendation: Approve Subject to the Following Conditions:-

That the development hereby permitted shall be started within five years of the date of this permission.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

That before the development hereby permitted starts, full details and finish of all external materials to be used, including roof tiles, wall finish, door, window details and gutters and downpipes, shall be submitted to, and approved in writing by the planning authority. For the avoidance of doubt the roof tiles shall be dark grey and flat profiled and walls shall be render with smooth banding around the window openings.

Reason: To enable the Planning Authority to consider these aspects in detail.

That notwithstanding the windows shown on the approved drawings, the details of the new windows to be installed in the positions shown are specifically not yet approved, and further detailed 1:20 drawings showing window type and opening details shall be submitted to and approved in writing by the Planning Authority before the development commences. The windows installed shall comply with the approved scheme.

Reason: To enable the Planning Authority to consider these aspects in detail.

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.

That before the dwellinghouse hereby permitted is occupied, all fences, or walls, as approved under the terms of condition 4 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

That before the dwellinghouse hereby permitted is occupied, all of the relevant 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 surface work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the site.

That before any works start on site, full details of the septic tank and soakaway system to be installed shall be submitted to and approved in writing by the Planning Authority and the applicant shall confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). The septic tank and soakaway must be designed and constructed in accordance with the requirements set out in The Scottish Building Standards : Technical Handbook : Domestic issued in May 2005. In terms of the Water Environment (Controlled Activities) (Scotland) Regulations (CAR) 2005, the discharge of treated sewage effluent will require registration with SEPA. Further details on this matter can be found @ www.sepa.org.uk.wfd. Surface water should be excluded from the foul drainage treatment system. In order to reduce the risk of contamination of controlled waters, any soakaway should be located at least 50 metres from any private water supply or other groundwater resource and at least 10 metres from any watercourse or permeable drain. (Note: If poor soil porosity or risk to groundwater resources preclude the use of a soakaway, alternative arrangements will have to be agreed with SEPA. Further advice on the disposal of sewage where no mains drainage is available, is contained within Pollution Prevention Guidance Note 4 which is available on the SEPA website www.sepa.org.uk/guidanceor from any SEPA office).

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

8. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the application site, including the location of the septic tank and soakaway or on the buildings other than that expressly authorised by this permission.

Reason: In the interests of the amenity of the building and the visual amenity of the surrounding countryside.

Background Papers:

Application form, plans and structural report received 12'h February 2009

Memo from Transportation Team Leader received 6'h March 2009

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19.

Date: 18 March 2009 APPLICATION NO. S/09/00152/FUL

REPORT

1. Description of Site and ProPOsal

1.I Planning permission is sought for the erection of a replacement dwelling at Old Mill Cottage, Old Mill Road, Allanton. The site is bound by open land to the south and west, Mill House to the east and Old Mill Cottage outbuilding to the north. The cottage (1 14 square metres) is a single storey building with a stone, roughcast and slate finish and has a traditional Scottish simple rural design with a well proportioned side extension. It is proposed to replace it with a single storey dwelling on the same footprint of the original cottage, whilst increasing the height of the cottage by a metre and extending the footprint of the building through the erection of a build out section to the rear. The build out section will in turn increase the footprint of the unit to approximately 165 square metres. The end result we be a single storey cottage with roof accommodation in the build out section in the form of a T shape, with a sizeable front and rear garden well in excess of the Council’s minimum standards in relation to open space around dwellings. The amendments proposed are relatively attractive and are complemented with a simple design that incorporates a number of rural themes such as modest and well proportioned windows with a vertical emphasis in addition to smooth banding around the windows.

1.2 A structural inspection report accompanies the application and concludes that very little of the original dwelling would remain in view of the works required to bring the dwelling into habitable use.

1.3 A previous consent which sought the erection of a replacement dwellinghouse, on the same site, was refused at the Planning and Transportation Committee of the loth June 2008 on the grounds that the proposals were contrary to the Rural Investment Area Policy in that no justification was provided demonstrating the need to replace the existing dwelling and because of detailed design elements of the proposed new dwelling, which were considered unacceptable. It is worth noting that the proposed dwellinghouse differs dramatically from the refused dwellinghouse through the single storey nature and sensitive design considerations of the current proposals. In addition, planning permission was granted, for the conversion and extension of the adjacent Old Mill Cottage outbuilding to a dwellinghouse on the 22ndDecember 2008 (ref: S/08/01380/AMD). The approved dwelling is similar in style and design to the current proposals.

2. Development Plan

2.1 The site is zoned as Rural Investment Areas (ENV8) in the Southern Area Local Plan 2008.

3. Consultations and Representations

3.1 The Transportation Team leader has recommended refusal of the application as any further development on the substandard Old Mill Road will be detrimental to road safety.

3.2 No letters of representation have been received following the neighbour notification and press advertisement procedures.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 The application is not of strategic significance and as such only requires to be assessed against the local plan, Relevant policies within the Southern Area Local Plan 2008 are ENV8 (Rural Investment Area), HSGll (Housing in the Green Belt and Countryside) and TR13 (Assessing the Transportation Implications of Development), together with other material considerations.

4.3 Policy ENV8 is designed to protect the openness and rural amenity of countryside areas by restricting inappropriate new development, Relevant appropriate developments are those related to agriculture, forestry, outdoor leisure and recreation or other appropriate rural uses. In this case the proposal relates to the replacement of an existing dwelling which has fallen into disrepair. The more detailed policy relevant to the consideration of this application is Policy HSGI 1, and this is assessed below.

4.4 Policy HSG 11 indicates that the replacement of existing houses will only be permitted where it can be demonstrated that the existing buildings are of poor quality. Any development shall not result in an increase in the number of units or a significant increase in overall floorspace and shall be located, as nearly as possible, within the existing footprint. It is considered that the proposed replacement dwelling meets all the above criterion given that the existing dwelling is of poor quality, as demonstrated by the Structural Inspection Report. As discussed above, it is proposed to increase the floorspace of the cottage by an additional 60 square metres, it is acknowledged that this is sizeable, however given the generous setting of the site and the sensitive siting of the build out section to the rear of the proposed dwelling, it is considered that no adverse affects will be placed on the resultant new dwelling. Furthermore the proposed use of flat profiled rooftiles, and smooth render in combination with windows with a vertical emphasis results in a development that complies with the requirements of HSGI 1. I consider that the site also benefits from adequate access and drainage although the transportation issues will be assessed more fully in section 4.5 below. The application is therefore considered to accord with the relevant countryside policies in the Southern Area Local Plan.

4.5 Policy TRI 3 (Assessing the Transportation Implications of Development) requires assessment of roads and transportation issues. The concerns of the Transportation Team Leader are noted. It is observed that the existing cottage has provision for 2 off street parking spaces and as such there may be current vehicle movements associated with the existing adjacent Old Mill Cottage. Although there may be some increased vehicular movements associated with the proposed replacement dwellinghouse, these will be insignificant and the applicant has detailed the provision of 3 off street parking spaces and to a turning facility. The access, parking and manoeuvring facilities proposed within the site are considered acceptable and the application is therefore considered to accord with policy TR 13.

4.6 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

4.7 It is considered that the development is acceptable in terms of local plan policy as the impact of a replacement residential dwelling on the site and surrounding area, as well as the access and transportation implications, can be accommodated without detriment to the surrounding countryside area. Furthermore the proposals significantly differ from the previous consent as justification for a replacement dwelling has been provided demonstrating that the existing dwelling has fallen into disrepair and the new dwelling is to incorporate a traditional rural design and finish appropriate for this countryside location. Therefore, taking into account the local plan and other material considerations, I recommend that this application be approved subject to conditions.