Signed as relative to paragraph ...... of the minutes of the meeting of the North ...... pkW.1; .AV$$ oeJ&*PI& Commitee of ...... !..l..r,~.). s3......

DEPARTMENT OF PLANNING AND DEVELOPMENT

Planning Applications for consideration of Planning and Development Committee

Committee Date : 1st October 1997 a

I AGENDA ITEM NO......

Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 1ST OCTOBER, 1997

Page No. Application No. Applicant DevelopmentlLocus Recommendation

4 N/97/002 1O/FUL Mr M Qureshi Change of Use from Vacant Commercial Premises Refuse to Hot Food Premises, 58 Lochinvar Road, Greenfaulds, .

9 N/97/00235/FUL Mrs J Turnbull Construction of Driveway, 49 Kelvin Way, . Grant

13 N/97/00239/FUL Spey Homes Ltd Alteration to Approved Residential Layout Grant (Realignment of Access and Road, Realignment of Adjacent Footpath, Reorientation of Plot 2 and Driveway Alteration at Plot l),site at Overcroy Road, Constany Road, Croy.

17 N/97/00254/FUL Beazer Homes Formation of Roundabout, Station RoadDrumcavel Grant Road junction, Muirhead.

23 C/96/00469/FUL K & C Melia Change of use of Hotel to Residential Care Home, Grant Forrestfield House, 71 Airdrie Road, .

30 C/97/00086/FUL Mr D Moir Conversion of Disused Byre to Dwellinghouse, Grant Easter Dunsyston Farm, , Airdrie.

37 C/97/00326/FUL Royal Bank of Change of use from Bank to Public House, 12 Bank Grant Street, Airdrie.

44 S/97/00231/FUL Castle Estate Residential and Golf Course Development, Grant P Ltd Murdostoun Estate and North and South Road, Bellside, Cleland.

67 S/97/00344/OUT Golf Club Erection of Golf Clubhouse, 55 Cleland Road, Grant Wishaw.

71 S/97/00351/MIN Ashlark Ltd Extraction of Remaining Stoups of Coal by Grant P Opencast Mining Methods, Overtown Road, .

80 S/97/00354/FUL Mr J Findlay Construction of farmhouse at Cairneyhead Farm, Grant P Torbothie Road, .

87 S/97/00414/OUT Mr J Campbell Development of Two House Plots, former Blairs Grant P Orchard, Horsleyhead, Overtown.

s/97/0042 1/FUL Mr J McKenna Change of Use from Chemist Shop to Grant c'3 Sandwich/Snack Bar, 232 Main Street, .

98 S/97/00447/FUL Mrs Kennedy Proposed Housing Development (3 Plots), 2-4 Grant Terrace. .

104 S/97/0045 UAMEND Club Taxis Limited Use of Premises as a Taxi Radio Base (Renewal of Grant Temporary Permission), 7A Main Street, .

108 Mr C Donaldson Change of Use and Sub-Division of Barn to Two Grant Dwellinghouses, Gowkhall Farm, .

111 C Molinaro Alterations to Hot Food Takeaway, 71/71A Grant Stewarton Street, Wishaw.

114 Patrick J Lee Change of Use of Office to Taxi Radio Base, 44 Refuse Hill Street, Wishaw.

118 Shotts CO-OP Erection of Food Supermarket and Associated Grant Works, Station Road, Shotts.

128 Noor Ahmed Change of Use and Extension to Shop to form Hot Refuse Food Takeaway, 545 Main Street, . s/97/0023l/FUL Section 75 Agreement to be concluded, Refer to Secretary of State S/97/00351/MIN Bond of Caution to be concluded S/97/00354/FUL Section 75 Agreement to be concluded s/97/00414/FuL Section 75 Agreement to be concluded Application No: N/97/002 lO/FUL

Date Registered: 23rd. July 1997

APPLICANT: MR. M. QURESHI

Agent: DR D. W. CHEAH, 19 GLEN PARK AVENUE, ROUKEN GLEN,

DEVELOPMENT: CHANGE OF USE FROM VACANT COMMERCIAL PREMISES TO HOT FOOD PREPARATION AND DELIVERY PREMISES

LOCATION: 58 LOCHINVAR ROAD, GREENFAULDS, CUMBERNAULD

Ward No: 59 Grid 275097- 673 177

0 File Reference: JR

Site History: PA77/02 1 - installation of a roller shutter - approved PA78/122 - erection of an illuminated fascia sign - approved PA85/372 - change of use to hot food caqout - refised PA87/117 - change of use to hot food carry out -refused PA90/62 - alteration to elevation - approved PA96/020 - change of use to office premises - approved

Development Plan: Cumbernauld Development Local Plan - Zoned Residential

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Director of Housing, Director of Environmental Services 0 Conditions: No Reply:

REPRESENTATIONS: Neighbours: No response Newspaper Advert: 1 Letter of Objection and 1 Petition with 190 Signatories

COMMENTS: This proposal has been submitted by Dr. Cheah, on behalf of Mr Qureshi, for the change of use of the existing vacant commercial premises to a hot food preparation and delivery premises at 58 Lochinvar Road, Greenfaulds, Cumbernauld. A letter of objection and a petition with 190 signatories has been received in opposition to this proposal, details of which are given in the attached report.

Recommendation/

c:msoff/ww/comap97/97//2'1 0 MR QURESHI 58 LCCHINVAR ROAD

Licence No. LA 09041L HOT FOOD PREPERATION AND DELIVERY

North Lanarkshire Council * LOCATION OF PETITIONERS (68 OFF PLAN) Bron Way, Cumbernauld G67 1DZ MAPREF 19 Sep 1997 Telephone Ol2JB 722131 Fax 01236 456462 -2-

RECOMMENDATION: Refbse permission on the following grounds

1. This proposal would be contrary to Policy HG4 of the adopted Cumbernauld Local Plan, in that the operation of the proposed development from this site would have a detrimental and unacceptable effect on the amenity of the residential area due to smell, noise, litter and disturbance generated by the use.

List of Background Papers:

Application form and accompanying plans Cumbernauld Local Plan (Adopted) 1993 Memorandum from Local Plans (Cumbernauld Team) dated 1 lth August 1997. @ Memorandum from Transportation dated 1 lth August 1997. Memorandum from Housing Department dated 8th August 1997. Memorandum from Environmental Services dated 20th August 1997. Letter of Objection from Mr and Mrs Moffat, 3 Ashiestiel Road, Cumbernauld dated 26th August 1997 Petition fiom Greenfaulds Residents Association dated 29th August 1997 Memorandum from Protective Services dated 5th September 1997

Any person wishing to inspect these documents should contact Mr. Jim Ravey on 0 1236-6 16479.

c:msofflww/comap97/97/12 10 APPLICATION NUMBER: N/97/00210/FUL

1.0 Site and Proposal

1.1 The application submitted proposed to convert a vacant commercial premises to a hot food preparation and delivery premises. The application site currently sits adjacent to an existing licensed grocer and was originally a storage facility associated with the premises. The storage area became a self contained unit in 1990 and its last known use was a showroom.

1.2 The proposal will involve orders being placed at the premises, presumably by telephone, the food being prepared and then delivered to the person who placed the order. This type of operation will differ from the normal hot food carry out premises where any member of the public can arrive on spec, place their order within the premises and then leave once their order has been filled.

1.3 The surrounding land use of the site consists mainly of terraced, amenity or flatted residential properties. However as previously mentioned the neighbouring premises is currently a licensed grocer. The site is also adjacent to a Council Community Hall. There is also a public house a and 20 space car park to the east and an Apostolic Church to the west of the development site.

1.4 The site is zoned residential within the Cumbernauld Local Plan.

2.0 Background

2.1 The site previously fell within the remit of Cumbernauld Development Corporation. There are two previous applications which have a bearing on the consideration of this proposal. In 1985 and 1987 Cumbernauld Development Corporation received applications for the same premises to be converted into a hot food carry out shop. In both cases the proposed development received objections from the neighbours and both times the applications were refused for the following reasons:-

1985:- “In general the Corporation believed that a ‘hot food’ shop in the locality of Lochinvar Road would not improve the environment of the area and many letters of objection were received from local residents. A take away unit in this location would indeed cause nuisance to residents, encourage loitering and also create a litter problem.

In addition, the Corporation is concerned that, as there are no footpaths adjacent to the proposed building at present, access would prove difficult for the public and for these various reasons the application was refused”.

1987:- “The proposed site is surrounded by residential areas where residential amenity would be adversely affected by the development as a result of noise, smell, litter and in particularly late night activity, and therefore it is considered that the application be refused”.

3.0 Representations and Consultations

3.1 None of the consultees had any objections in principle to the proposed development, namely:

Transportation Environmental Services Local Plans Housing Estates

32 North/

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3.2 North Lanarkshire Council placed a “bad neighbour” development advert in the Cumbernauld News dated 20th August 1997. This advert generated 1 letter of objection and 1 petition with 190 signatories whose concerns are outlined below:-

i) Increase in traffic ii) Smell iii) Litter iv) Loitering 4 Nuisance vi) Close proximity to amenity housing, community rooms and Apostolic Church vii) No need for the facility viii) Enough “bad neighbour” development in the area viz:- public house and licensed grocer

4.0 Observations

4.1 The majority of the objections to this development are expressing fears to the nuisance problems associated with most ‘hot food’ carry out operations i.e cooking smells, increased traffc, extended opening hours, loitering and litter generation. These problems are generated through the nature of hot food shops and are not easily controlled through planning conditions. I would also consider that cooking smells, increased traffic, and extended opening hours, do cause noise and disturbance which can adversely affect the residential amenity, particularly when the premises generating the associated problems lies within the heart of both the vehicular and footpath network serving a predominately residential area. In these circumstances 1would consider that the points raised by the letter of objection and petition have reasonable grounds for concern in these matters and I believe that the proposed development would conflict with Policy HG4 of the Local Plan which seeks to protect the amenity of residential areas.

4.2 The applicant considers that their proposals are a less obtrusive form of a hot food outlet. The proposal would not, at least superficially, involve members of the public arriving at the premises to place an order for hot food. However the proximity to the licensed grocer and the public house would, in reality, generate a number of potential customers which, could in theory, treat the premises as a normal carry out facility. This would negate whatever benefits may be derived from the premises being delivery only. Whilst the application, if approved, could theoretically be conditioned to prevent the public sale of hot food from the premises, monitoring and enforcing this condition could prove extremely difficult.

4.3 A public house and licensed grocers are located within a relatively short distance of the application site. Nevertheless, I do not consider it is appropriate to intensifL the level of evening and late night businesses, operating within a small distance of each other, in the centre of a residential area.

5.0 Conclusion

5.1 On balance I feel that this proposal is likely to be the source of disturbance and disruption for this residential area. I do not believe it is practical or reasonable for the Planning Authority to limit the use to preparation and delivery only. I would therefore recommend that planning permission be refused for the reasons above.

c:rnsoff/wwlcornap97/9711210 Application No: N/9 710 02 3 5/FUL

Date Registered: 20th August 1997

APPLICANT: MRS J. TURNBULL 49 KELVIN WAY KILSYTH G65 9UN

Agent:

DEVELOPMENT: FORMATION OF DRIVEWAY

LOCATION: 49 KELVIN WAY, KILSYTH

Ward No: 65 0 Grid Reference: 271470678201

File Reference: SD

Site History:

Development Plan: Kilsyth Local Plan 1983: Residential Kilsyth Local Plan (Finalised Draft) 1996: Residential Area

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West of Scotland Water Conditions: No Reply: East of Scotland Water

REPRESENTATIONS:

Neighbours: 1 letter of objection from neighbouring resident Newspaper Advert: Not required

COMMENTS: The application is for the formation of a driveway at 49 Kelvin Way, Kilsyth with the proposed access and car parking area to be located within the front garden of this inter-war flatted property. The area is covered pokes HG3-5 as defined by the Kilsyth Finalised Draft Local Plan approved January 1996. Policy HG4 specifically states that “Vehicle driveways should be constructed to the side of dwellings: front garden parking will only be acceptable if there are over-riding road safety reasons and the amenity of the buildings and streetscape is not severely damaged.”

One letter of objection has been received from a neighbouring resident. The points of the objection are that the car will be parked too close to their house leading to pollution from exhaust fumes when the car enters and leaves. In addition, it is argued that the parked car would dominate the view from the house. In her letter the neighbour states that the car would be parked approximately 1 metre from her sitting room. However, when measured out on a scale diagram the edge of the proposed parking space is over 6.5 metres from the window of the sitting room at 55 Kelvin Way.

Being an inter-war development adequate provision was not made for car parking on Kelvin Way and consequently the road is very congested. It is considered that, in this case, the provision of an off- street parking space will improve road safety. The front garden is of a large enough size to comfortably accommodate a driveway while still retaining an area of traditional garden, thus reducing the dominating effect of the vehicle on the dwelling and genera1 area. Furthermore, the Council has previously approved driveway applications for similar properties within the Kelvin Way area.

Accordingly it is recommended that planning permission be approved. RECOMMENDATION: Grant 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 is brought into use, a dropped kerb vehicular access shall be constructed, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of public safety.

List of Background Papers: Application form and plans Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1996 Letter of objection dated 17th August 1997 from Mrs Margaret Johnston Consultation response from West of Scotland Water dated 25th August 1997

Any person wishing to inspect these documents should contact Sandra Davies at 01236- 616466. Application No: N/97/00239RUL

Date Registered: 20th. August 1997

APPLICANT: SPEY HOMES LTD. c/o UNIT 4 WOODPARK INDUSTRIAL ESTATE, GLASGOW G5 1

Agent: MAXWELL DESIGN CONSULTANTS, 8 PARK QUADRANT, GLASGOW G3 6BS

DEVELOPMENT: ALTERATION TO APPROVED RESIDENTIAL LAYOUT (REALIGNMENT OF ACCESS AND ROAD, REALIGNMENT OF ADJACENT FOOTPATH, REORIENTATION OF PLOT 2 AND DRIVEWAY ALTERATION AT PLOT 1)

LOCATION: SITE AT OVERCROY ROAD, CONSTARRY ROAD, CROY

@ WardNo: 63 Grid 272707 - 675804

File Reference: MD

Site History: 94/0126/PL: Erection of 5 dwellings - approved February 1995

Development Plan: Zoned for new housing in the Kilsyth Local Plan (Finalised Draft) 1996

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Conditions:

Neighbours: No response Newspaper Advert: Not required

COMMENTS: The application is for various alterations to the existing planning permission (94/0126/PL) for 5 dwellings at Overcroy Road, Croy. The site is identified for new housing in the Kilsyth Local Plan (Finalised Draft) 1996.

The following changes are proposed to the original scheme.

- A repositioning of the access point to avoid Constarry Road traffic calming measures.

- Alterations to the internal road layout to accord with current road requirements.

Ad

C: ms.off/ww/comap97/239 A3tidV'V\1

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X

'A083 'OVOti A8WlSN03

GEZO/L8/t.I 'ON NO 11'43 I 1ddY 3N I NWld -2-

- An extension of the site by 2 metres onto Council owned open space to allow for updated road standards.

- A realignment and reconstruction of an adjacent Council owned footpath as the existing footpath will be affected by the site extension.

- A slight reorientation of the dwelling on Plot 2. - A repositioning of the driveway at Plot 1 to allow improved sight lines.

There are no Transportation or Leisure Services objections to the proposals. The applicants are in discussion with the Council concerning the purchase of the additional land.

It is considered that the proposed alterations are acceptable and it is recommended that planning permission be granted.

RECOMMENDATION: Grant permission, subject to the following conditions:-

1. That the development covered by this permission shall be carried out concurrently with the main development at the site and shall be covered by all planning conditions attached to planning permission 94/00126/PL granted on 6th February 1995 for the erection of five dwellings off Constarry Road, Croy.

Reason: In the interests of proper planning of the area.

2. That before development starts on Plots 3, 4 and 5 details shall be submitted to, and approved by, the Planning Authority of earthworks including existing and proposed cross sections or levels.

Reason: These details have not been submitted .

3. That no garage shall be erected at Plot 5 fully or partly in front of the dwelling.

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

4. That the access and road shall be designed and constructed to the satisfaction of North Lanarkshire Council as Planning and Roads authority; and shall be completed to the approved standard withm six months of the date of the completion of the final dwellings

Reason: In the interests of public safety

5. That/

C: ms.off/ww/comap97/239 -3-

5. That the replacement section of detached footpath shall be constructed to adoptable standard and shall be to the full satisfaction of North Lanarkshire Council as Planning, Roads and Leisure Services authority.

Reason: To ensure the detached footpath is constructed to an appropriate standard.

6. That before the dwellings covered by this permission are occupied dropped kerb vehicle driveways shall be constructed, in accordance with the specification of North Lanarkshire Council as Planning and Roads authority.

Reason: In the interest of public safety.

0 List of Background Papers:

Application form and plans Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1996

Any person Wishing to inspect these documents should contact Mr. Martin Dean on 0 1236-616459.

C: rns.offlwwlcornap97/239 Application No: N/97/00254/FUL

Date Registered: 4th. September 1997

APPLICANT : BEAZER HOMES GLASGOW LTD, BEAZER HOUSE, NAPIER PARK, WARDPARK NORTH, CUMBERNAULD, G68 OBH

Agent:

DEVELOPMENT: FORMATION OF ROUNDABOUT

LOCATION: STATION ROAD JUNCTION, DRUMCAVEL ROAD, MUIRHEAD, GLASGOW

Ward No: 67 Grid 268485 - 669163

0 File reference: MD Site History: TP/94/163: Residential development (Outline) at Gamkirk, Muirhead - Granted on appeal with requirement for roundabout.

Development Plan: Zoned as greenbelt/nature conservation in the Kilsyth Local Plan (Finalised Draft) 1996.

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Conditions: No Reply:

REPRESENTATIONS: 8 Neighbours: Five Newspaper Advert: Not required

COMMENTS: The application is for a roundabout at the junction of Station Road and Dnuncavel Road, Muirhead. Planning permission is required because the development is proposed by Beazer Homes and not by the Council as Roads Authority.

The roundabout is a requirement of an outline planning permission for residential development at , Muirhead. There is a separate detailed application for the residential development. The developers however wish to progress the roundabout by submitting this application.

A number of points of objection have been raised by local residents and the Community Council. The roundabout is however considered acceptable by the Transportation Section and as such it is recommended that planning permission be granted. Recommendation/

C: msoff/comaps97/9700254 Gornkirk Moss

5500 -2-

RECOMMENDATION: Grant, 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 1972.

2. That the roundabout shall be designed and constructed to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason: In the interest of public safety.

3. That the roundabout shall be completed to adoptable standard prior to the occupation of the first dwelling on the Garnkirk Estate, Muirhead.

Reason: In the interest of public safety.

4. That any alterations to statutory undertakers apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.

Reason: To protect statutory undertaker’s apparatus.

5. That no work shall commence until details are submitted to, and approved by, the Planning Authority of a 1.8 metre high brick wall along the heel of the footway abutting the rear garden area of 30/32 Station Road.

Reason: In the interest of public safety and as required by the outline permission.

6. That the wall as approved by planning condition 5 above shall be erected prior to the completion of the roundabout.

Reason: In the interest of public safety and as required by the outline permission.

List of Background Papers:

Application form and plans Letter from Miss R Anderson, Secretary Community Council, 1 Neuk Avenue, Muirhead dated 3rd. September 1997. Letter from Miss R Anderson, 1 Neuk Avenue, Muirhead dated 3rd. September 1997.

Letter/

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Letter from Mr J Hamilton, 57 Station Road, Muirhead dated 8th. September 1997. Letter from Mr A Turnbull, 5 Ne& Avenue, Muirhead dated 19th. July 1997. Letter from Ms N Taylor, 35 Crowwood Road, Muirhead, dated 24th. August 1997 Strathkelvin Local Plan (Finalised Draft) 1996.

Any person wishing to inspect these documents should contact Mr. Martin Dean on 01236-616459.

C: msoff/comaps97/9700254 Application Number N/97/00254/FUL

1 Proposal and Site

The application is for the formation of a roundabout at the junction of Station Road and Drumcavel Road, Muirhead. It is a requirement of the outline permission granted on appeal by the Secretary of State for residential development at Garnkirk, Muirhead that the developers form a roundabout at the proposed location.

A detailed application (N/97/00208/FUL) has been submitted for the residential development plus the required roundabout. The developers wish however to proceed as speedily as possible with the roundabout. As such they have submitted the current application solely for the roundabout in order that approval is not delayed by changes which may be required to the residential layout.

The site is covered by policies relating to greenbelt and nature conservation in the Strathkelvin Local Plan (Finalised Draft) 1996 (EP10/12). As the proposed roundabout works are on land already developed as road and verges it is not considered that the policies are of relevance.

2 Consultations

There are no objections from the Transportation Manager.

3 Representations and Observations

Letters of objection have been received from Chryston Community Council, Miss R Anderson, 1 Neuk Avenue, Muirhead and Mr J Hamilton, 57 Station Road, Muirhead. In addition Mr A Turnbull, 5 Neuk Avenue, Muirhead and Ms N Taylor, 35 Crowwood Road, Muirhead have made representations concerning the roundabout in relation to the separate application for residential development.

Points of objection are as follows:- - This is a steeply sloping site and the gradient of the access roads onto the roundabout will be too great causing a roads danger.

- The roundabout will cause drainage problems for adjacent land and properties.

- There will be a danger to pedestrians on adjacent footpaths which are heavily used. Safety barriers may be required.

A cul-de-sac used as a drop-oWpick up point by cars and coaches for St. Barbara’s Primary School will be reduced in size.

The relocated turning head on the adjacent cul-de-sac will be directly opposite an existing driveway.

There is a lack of detail on the plans. The required wall at no. 30/32 Station Road is not shown.

It/

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It has also been pointed out by a letter writer that there must be a roundabout as this is a requirement of the outline permission.

4. Comments:

The points of objection relating to road safety have been noted by the Council’s Transportation Section. They advise that final negotiations are taking place to ensure that the proposed roundabout meets the appropriate roads standards. It is anticipated that the roads construct consent will be approved in the near future. The construction consent will ensure that the appropriate design, construction, drainage and safety standards are met. There is no worsening of existing footpath provision. The possible need for safety barriers is being looked into through the construction consent application.

The former line of Drumcavel Road is used as an informal pick up and drop off point for the adjacent school. This will be reduced in length by 12 metres to accommodate the roundabout and there may as a consequence be a slight increase in congestion at busy periods. The repositioning of the turning head opposite a driveway does not cause a road safety problem. 0 A planning condition requires the construction of the wall at 30/32 Station Road as specified in the outline permission.

5. Conclusions

The roundabout is a requirement of the Secretary of State in granting outline permission for the Garnkirk residential development. This will allow the Station Road/Dnuncavel Road junction to cope with the extra traffic and will generally improve road safety by slowing down traffic at this difficult bend.

Despite some difficulty with gradients and some local points of concern the proposed roundabout is acceptable in general terms and is expected to be granted a road construction consent.

It is recommended that planning permission be granted.

C: msofflcoma~s97/9700254 Application No. C/96/469/FUL Date registered 18 October 1996 APPLICANT K & C MELIA, 25 BLAIRDENAN AVENUE,

Agent Construction Design Associates, 6 Church Street, DEVELOPMENT CHANGE OF USE OF HOTEL TO RESIDENTIAL CARE HOME LOCATION FORRESTFIELD HOUSE, 71 AIRDRIE ROAD, CALDERCRUIX

Ward No. 44 Grid Reference 285320667120

File Reference C/PL/CCA2400170000/CM/JW

Site History C/79/115 Erection of Dwellinghouse, Forrestfield Hotel, Caldercruix, granted 14 June 1979. C/80/193 Formation of Vehicle Access and Septic Tank, Forrestfield Hotel, Caldercruix, refused 28 May 1980. C/80/282 Bedroom Extension to Hotel, Forrestfield Hotel, Caldercruix, granted 03 July 1980. C/81/181 Extension to Building, Forrestfield Hotel, granted 08 June 1981. C/85/048 Siting of Residential Caravan to Rear of Hotel, granted 13 March 1985. C/86/128 Erection of Illuminated Projecting Box Sign, granted 27 June, 1986. C/94/290 Part Use of Former Hotel as Dog Breedingmoarding Kennels, granted 27 September 1994.

Development Plan Under the terms of the Adopted District Local Plan 1991 the application site is located within an area covered by the following policies: GB2 Restrict Development in Countryside Around Towns LI1/1 High Quality Landscape Contrary to Development Plan Yes

CONSULTATIONS

Objection None No Objection West of Scotland Water Conditions Scottish Environment Protection Agency; NLC Environmental Services; NLC Social Work. No Reply None

REPRESENTATIONS

Neighbours None

Newspaper Advertisement No Response

COMMENTS Planning permission is being sought for a change of use of a hotel/restaurant (now disused) to a Residential Care Home at Forrestfield House, Caldercruix. The proposal would involve the comprehensive refurbishment of the building interior to provide accommodation for 16 no. residents with en suite toilet facilities, residents’ lounge/dining area with service, staff and guest accommodation. The external fabric of the former hotel would be altered to provide additional window and door openings, re-roofing works including a general facelift would also be carried out. Within the site curtilage an ornamental gardedamenity area would be provided with 5 no. off-street parking spaces and service area to the rear. The entire site area would also be landscaped.

RCMO 12W/jw e

--_ :__A__ This copy has been produced specitically tor Planning 8 Building Control purposes only. No further copies may be made.

Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office @ Crown Copyright. Unouthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.

North Lanarkahire Council. Licence No. LA 09041L. 1996 . . .~... -

NORTH APPLICATION NO: C/96/469/FUL NORTH ? LANARKSHIRE PROPOSAL/SITE: CHANGE OF USE FROM HOTEL TO RESIDENTIAL SCALE 1: 2500 COUNCIL CARE HOME AT FORRESTFIELD HOUSE, 71 ATRDRIE ROAD, CALDERCRUM The proposal generally accords with the Council’s Design Advice for Residential Care Homes and the site layout is considered to be satisfactory. A full assessment of the proposal is included in the attached report. On assessing the proposals, with particular attention to current local plan policy and to the significant improvements to this disused building, it is my view that the application is acceptable.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

- Application Form and Plans - Adopted Monklands District Local Plan 1991 - Letter of Response from West of Scotland Water, dated 21 May 1997 - Letter of Response from SEPA, dated 15 July 1997 - NLC Social Work - consultation response, dated 22 July 1997 - NLC Environmental Services - consultation response, dated 27th May 1997 and 3rd June 1997 0

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr C Marshall.

RCM012W/jw CONDITIONS

1. That the development hereby permitted shall be started within 5 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 shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Planning Authority.

Reason : In order to safeguard the property itself and the amenity of the surrounding area.

3. That before the use of the premises, hereby approved commences a 5.5metres wide dropped kerb vehicular access shall be provided to the satisfaction of the Planning Authority.

Reason : In order to safeguard the property itself and the amenity of the surrounding area.

4. That all car parking spaces indicated on the approved plan shall measure 5.5 metre in length and an aisle width of 6.0 metres shall be provided, all to the satisfaction of the Planning Authority.

Reason : In order to safeguard the property itself and the amenity of the surrounding area.

5. That before the building is occupied a visibility splay of 4.5 metres by 120 metres, measured from the road channel shall be provided and maintained on both sides of the vehicular access, within which nothing shall be constructed or allowed to grow which would restrict intervisibility between points 1.05 metres above the road.

Reason : In the interests of traffic safety at the locus and in the interests of public safety.

6. That before the development hereby approved is brought into use a “visirail” barrier shall be provided along the frontage of the site to the satisfaction of the Planning Authority.

Reason : In the interests of traffic safety at the locus.

7. That before development starts, a scheme of landscaping including boundary treatment (s) shall be submitted to and approved 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 number, variety and size of trees and shrubs to be planted.

Reason : In order to protect the visual amenity of the surrounding area.

RCM012W.DOC 8. Prior to the occupation of the Residential Care Home hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition No.7 above shall be completed and any trees, shrub or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the completion of the development, shall be replaced within the next planting season with others of a similar size and species and shall thereafter be maintained to the satisfaction of the Planning Authority.

Reason : In order to protect the visual amenity of the surrounding area.

9. That prior to the commencement of development, full details of the drainage arrangements for the development shall be submitted to and approved by the Planning Authority, acting in consultation with SEPA.

Reason : These details have not been submitted.

RCM012W.DOC APPLICATION NO. C/96/469/FUL

REPORT

1. SITE AND PROPOSAL

1.1 Planning permission is being sought for a change of use of a hotekestaurant to a Residential Care Home at the former Forrestfield Hotel, Airdrie Road, Caldercruix.

1.2 The site is located approximately 2 km east of Caldercruix on the north side of the A89. The site is bounded to the north by the to Airdrie cycle path, to the east by Woodside Road and to the west by an adjacent residential property.

1.3 Constructed in 1882, the former hotel consists of a 1%storey terraced property that has been extended to the rear some time ago. The property retains many traditional building features however its general condition has deteriorated. The site has an existing vehicular access from the main A89 trunk road with service area provided to the rear. Although the curtilage is fairly narrow there is a large unused open area on the eastern part of the site.

0 1.4 The proposals would involve a comprehensive refurbishment of both the interior and exterior of the former hotel providing en suite accommodation for 16 no. residents with residents’ lounge/dining area and ancillary support facilities including staff and guest accommodation.

1.5 The exterior fabric of the building would be altered to provide additional windows of traditional sash and case design and the removal of surplus doorways. The existing access would be widened with provision of 5 no. off-street parking bays provided within the curtilage. A service area would be provided to the rear. The open area to the immediate east of the building would be landscaped and used by residents as an amenity/garden area.

1.6 An access to the adjacent cycle path would be maintained but this would be widened and pedestrian safety barrier provided. The application site frontage would also be improved by provision of new footway, retaining wall for additional planting works and repositioning of an existing stone rubble wall to improve junction visibility. In addition, a ‘visirail’ barrier would be erected along the frontage of the site to prevent parking on the public road.

1.7 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policies:- GB2 (Restrict Development in Countryside Around Towns) and LI1/1 (High Quality Landscape).

2. CONSULTATIONS AND OBJECTIONS

2.1 The Scottish Environment Protection Agency (SEPA) have advised that they would have no objection in principle to the proposal provided satisfactory arrangements are made by the applicant to upgrade or renew the existing drainage facilities.

2.2 The Director of Environmental Services had no objections to the proposal subject to conditions relating to a need to improve the waste drainage system and meet the provisions of the Food Safety Regulations.

2.3 The Director of Social Work had no objection to the proposal subject to the applicant meeting registration requirements of that department.

2.4 There were no letters of objection received in regard to this application.

3. OBSERVATIONS AND CONCLUSIONS

3.1 Under the terms of the adopted development plan, the application site is located within an area covered by policy GB2 (Restrict Development Around Towns). This policy sets out to restrict isolated RCMOl2W/jw development unless it can be justified on grounds of economic benefit, locational need, infrastructure implication and environmental impact. Whilst the proposed use does not specifically require a countryside location the proposal would result in the reuse and improvement of the vacant hotel building. Moreover the proposal would provide some economic benefit in the form of full and part-time jobs. The building, although disused, would have no infrastructure implications and would have no adverse environmental impact. In view of these factors it is my view that the proposal would be considered an acceptable departure from the prescribed policy.

3.2 The Council’s design guidance for proposed residential care homes suggests that in most instances such development should not be located outwith established residential areas. However where suitable properties exist in the countryside applications for conversion may be permitted provided other aspects of the proposal are acceptable.

3.3 In this regard the application site, although located approximately 2 km from Caldercruix, is accessible to both staff and visitors as the site is located on a bus route. The site is located on reasonably flat land and the residential care home would have an open, interesting and attractive outlook to the surrounding rural areas. Although located close to the A89 trunk road the applicant has made provision to provide substantial amenity/garden grounds adjacent to the home with safe pedestrian access provided to the cycle track/footpath to the rear. Due to the relatively remote locus individual residents may not have direct access to local amenities in Caldercruix. However, as such trips are likely to be supervised by either staff or family members this particular aspect would not raise particular concerns.

3.4 With specific regard to the detailed design requirements it is my view that the former hotel building and its large curtilage meets the main criteria for such proposals. The hotel, although terraced in design, forms a detached unit and appears large enough to accommodate the necessary interior alterations to provide accommodation for 16 no. residents. The site is large enough to enable satisfactory off-street parking and service arrangements and there would be sufficient private gardedlandscaped area to enable residents to ‘sit out’ and exercise.

3.5 Generally the conversion of the former hotel to residential care home could be achieved without significant loss of amenity to the site itself or to the surrounding area. In view of the above considerations it is my view that the proposal would be acceptable and it is recommended the application is approved subject to conditions.

RCMO 12W/jw Application No. C/97/086/FUL Date registered 13 February 1997 APPLICANT Mr. D. MOIR, EASTER DUNSYSTON FARM, CHAPELHALL, AIRDRIE, ML6 8QL

Agent DEVELOPMENT CONVERSION OF DISUSED BYRE TO DWELLINGHOUSE. LOCATION EASTER DUNSYSTON FARM, CHAPELHALL, AIRDRIE

Ward No. 47 Grid Reference 280045 - 664030

File Reference C/PL/AID697/GB/ES

Site History None

Development Plan Adopted Monklands District Local Plan 1991 (Policy GB1, LI1/3)

Contrary to Development Plan No

CONSULTATIONS

Objection None No Objection West of Scotland Water, NLC Environmental Services, SEPA. Conditions None No Reply None

REPRESENTATIONS

Neighbours None Newspaper Advertisement Not required

COMMENTS The applicant proposes to convert a disused byre that forms part of the farm steading at Easter Dunsyston Farm to a house. The farm steading is no longer used for agriculture and the owner, whilst living at Easter Dunsyston, operates a nearby farm.

It is proposed to re-roof the single storey stone byre and convert it to residential use. A structural engineers report has been submitted confirming that the property is suitable for conversion. Given the proposal involves the reuse of a redundant traditional farm building I do not consider it to be contrary to the policies of the Local plan.

Having assessed the proposal, giving full regard to the policies of the Adopted Monklands District Local Plan 1991 I consider the proposal to be acceptable and would recommend that permission be granted.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

RGB003E/es LANARKSHIRE PROPOSAL/SITE: CONVERSION OF DISUSED BYRE TO NORTH ? COUNCIL DWELLINGHOUSE AT EASTER DUNSYSTON FARM,CHAPELHALL SCALE 1:20000 List of Background Papers

- Planning application form and accompanying plans. Adopted Monklands District Local Plan 1991 Memorandum from Head of Protective Services dated 4th March 1997 Letter from West of Scotland Water dated 13th March 1997 Letter to applicant dated 17 March 1997 and reply, including engineers report, received 13 May 1997 Letter to applicant dated 16 June 1997. Letter to applicant dated 15 July 1997. Letter to Councillor Lucas dated 28 August 1997.

Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Graeme Brown.

RGB003E/es CONDITIONS

That the development hereby permitted shall be started within 5 years of the date of this permission.

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

That the external walls shall be finished with a lime based wet dash render and painted a colour to be agreed in writing with the Planning Authority.

Reason : In order to safeguard the property itself and the amenity of the surrounding area.

3. That the roofing materials shall match the existing materials used on the existing house.

Reason : In order to safeguard the property itself and the amenity of the surrounding area.

That the existing skew stones on the gable wall shall be taken down carefully, set aside and reinstated following the re-roofing of the building to the satisfaction of the Planning Authority.

Reason : In order to safeguard the property itself and the amenity of the surrounding area.

That the existing sandstone quoins on the end elevation of the building shall be left exposed and repointed using a lime mortar, to the satisfaction of the Planning Authority.

Reason : In order to safeguard the property itself and the amenity of the surrounding area.

That the window cills shall be formed using natural sandstone, or an approved alternative, and not concrete as shown on the plan. Details of the cill to be used shall be agreed in writing with the Planning Authority prior to work starting on site.

Reason : In order to safeguard the property itself and the amenity of the surrounding area.

That before the development hereby permitted is completed, or brought into use, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

Reason : In the interests of traffic safety at the locus.

That the first 10.0m of the access road shall be formed using a sealed surface.

Reason : In the interest of traffic safety and to safeguard the amenity of the surrounding area.

That before the development hereby permitted is completed, or brought into use, 2 off-street car parking spaces shall be provided within the site, as described in the approved plans and shall, thereafter, be maintained as car parking spaces.

Reason : In the interest of traffic safety and to safeguard the amenity of the surrounding area.

RGB003E.DOC APPLICATION NO. C/97/086/FUL

REPORT

1. INTRODUCTION

1.1 Planning permission is sought to convert an existing disused byre within the farm steading of Easter Dunsyston Farm to a house.

2. APPLICATION SITE

2.1 The application site is situated adjacent to one of the minor country roads which runs from Chapelhall to , known as Duniston Road. The site is approximately 2 miles east of Chapelhall.

2.2 The application site comprises a small ‘U’ shaped farm steading which has a farm house at the head of the courtyard and two byres along each flank. There is an existing modern hay shed on the east of the steading which is still in use and a larger shed on the other side of the road opposite the steading. The existing byres are of sandstone and brick construction. The byre to be converted is built primarily with sandstone, with dressed stone quoins, or corners, on the gable wall and dressed skew stones at the head of the gable wall. The roof, however, is in a state of disrepair and will need to be replaced.

2.3 Access to the site is to be taken from the existing access to the farm courtyard from Duniston Road. It is proposed to undertake some upgrading works to the existing access to widen the bellmouth and improve the sight lines of the junction. Access to the existing house is taken via an entrance on the west side of the steading.

3. PLANNING POLICY

3.1 The application site is covered by two policies of the Adopted Monklands District Local Plan; namely GB1, LI1/3. These are outlined as follows:

3.2 GB1: Restrict Development in the Greenbelt. This policy states that any new development in the Green Belt must be justified as being directly associated with agriculture or forestry, specifically requires a rural location, or is in an area identified as having a substantial development potential ( for leisure and recreation, Luggie Water for business use, and South Chapelhall for a hotel).

6 3.3 LI113: Landscape Improvements. This policy designates the area as “Medium Quality Landscape”. This suggests:

“while recognising that these areas are unlikely to receive landscape treatment through District Council expenditure within the Plan period, every effort will be made to improve the landscape quality of these areas.”

3.4 There is also specific Design Guidance approved by the Council which covers a proposal of this nature entitled, “New Houses in the Countryside.” This states:

“where no operational need exists the only cases where a rural house would be considered favourably would be where there is an existing building capable of sympathetic adaption. The existing building need not necessarily have been last used for residential purposes. ’’

RGB003EIes 4. THE PROPOSAL

4.1 The applicant is seeking planning permission to convert an existing disused byre within the farm steading of Easter Dunsyston Farm to a house.

4.2 It is proposed to remove and replace the existing roof of the building, to install some new openings for windows and doors in the walls of the building and to adapt the interior to accommodate a two bedroom house with internal garage.

4.3 The proposals are designed in such a manner as to reflect the design of the existing farm house on the site whilst retaining the agricultural character of the byre. The roof will be reformed with a pitch to match the existing roof and the existing stone skews will be reused at the head of the gable. All windows and doors will be constructed from timber and have a traditional appearance. Finally it is proposed to finish the building using a traditional wet dash render, again to match the existing house.

5. CONSULTATIONS

5.1 The Head of Protective Services, NLC, has indicated that the converted building should satisfy the Tolerable Standard as defined by the Housing (Scotland) Act 1987, that a wheeled bin system of e refuse collection is in operation in the area and that the new residents should provide rear access for storage of a bin.

5.2 The Scottish Environment Protection Agency have confirmed that they have no objections to the new house being serviced by a new septic tank and soak away, subject to their usual licence requirements.

6. ASSESSMENT

6.1 The main issue at stake with this application is whether or not the Council can allow a new residential unit in the countryside, where it will not be occupied by some one who is in full time employment in a rural based business.

6.2 Policy GB1 of the Council’s Local Plan requires that any new house within the Green Belt be occupied by a full time worker in agriculture or forestry. In this instance this is not the case, and the first instinct would be to suggest that the proposal is therefore unacceptable and should be refused planning permission. e 6.3 However, the Council’s Design Guidance “New Houses in the Countryside” suggests otherwise. As outlined in paragraph 3.4 above, the Guidance allows for a new house where there is no operational need only if it involves the sympathetic adaption of an building, even though its last use was not necessarily a residential one.

6.4 In this particular case the development involves the conversion of an existing stone byre which forms part of a farm steading group that already has a house in the grouping. The proposed conversion works are indeed sympathetic to the agricultural nature of the building and I consider that under the advice issued in the Design Guidance the proposal is acceptable and does not contravene Council policy for development in the Green Belt.

6.5 As already stated the site is also covered by policy LI1/3 of the Local Plan which designates the area as “Medium Quality Landscape”. It is acknowledged that the Council will not be able to provide the funding for landscape improvements, but that every effort will be made to improve the landscape quality of the area. I believe that this does not purely cover the natural landscape

RGB003E/es including tree planting etc., but also applies to building form within the landscape and covers the design and location of all buildings in the countryside area.

6.6 For this reason I consider the proposal to convert this building to be a positive development under the terms of policy LI1/3. The building involved is no longer used for agricultural purposes and farming in this area is becoming more marginal. In this case the owner of Easter Dunsyston farms the associated land of this and another farm, operating from the other farm steading. If proposals such as this did not proceed the result would be an increase in the number of derelict buildings in the countryside which would be detrimental to the quality of the landscape.

6.7 I therefore consider that this proposal is acceptable as a new development in the countryside, but will not set a precedent that will encourage other non-essential developments in the Green Belt.

8. CONCLUSIONS

8.1 I would therefore conclude that the proposal complies with the policies of the Adopted Monklands District Local Plan 1991 and the Council’s Design Guidance for “New Houses in the Countryside”, and recommend that planning permission be granted subject to the conditions on the attached list.

CONDITIONS

SEE ATTACHED SHEET

RGB003E/es Application No. C/97/326/FUL Date Registered 17 July 1997 APPLICANT THE ROYAL BANK OF SCOTLAND, 1 REDHEUGHS AVENUE, , EH12 9JN

Agent Chesterton Scotland Ltd, 180 St Vincent Street, Glasgow, G2 5JR DEVELOPMENT CHANGE OF USE FROM BANK TO PUBLIC HOUSE. LOCATION 12 BANK STREET, AIRDRIE.

Ward No. 41 Grid Reference 276225 - 665450

File Reference C/PL/AIB14401 20000/GB/ES

Site History In 1996 two separate applications for Listed Building Consent and Planning Permission were submitted by a retail developer for alterations to the frontage (C/96/273 & C/96/286) along with an application for the Display of Advertisements (C/96/287), All applications were withdrawn by the applicant.

Development Plan Adopted Monklands District Local Plan 1991 (Policies ECON 1314, COM4, ENV 1513, ENV16/E/G and ENV17).

Contrary to Development Plan No

CONSULTATIONS

Objection None No Objection None Conditions None No Reply None

REPRESENTATIONS

Neighbours No response

Newspaper Advertisement One objection * COMMENTS The Royal Bank of Scotland is an imposing Category B Listed Building on the east side of Bank Street in Airdrie. It has been vacant for a number of years and the owners seek to establish a new use for the building. The planning application under consideration seeks to change the use of the building from a bank to a public house.

There are no servicing difficulties with the proposal and there is adequate parking provision associated with the building.

Having assessed the proposal against policies ECON 13/4, COM4, ENV 15/3, ENV16/E/G and ENV17 of the Adopted Monklands District Local Plan, I consider the proposal to be an acceptable use for a Town Centre.

I recommend that planning permission is granted in respect of these proposals

RGB004EIes Car Park J and Market Place

APPLICATION NO: C/97/086WUL LANARKSHIRE PROPOSAL/SITE: CHANGE OF USE OF BANK TO PUBLIC HOUSE AT NORTH f COUNCIL 12 BANK STREET, AIRDRIE SCALE 1: 1250 *OBJECTOR RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

Planning application form and accompanying plans. Adopted Monklands District Local Plan 1991 Letter of objection from Mr D. G. Upton, 80 Ayr Drive, Cairnhill, Airdrie, dated 1 August 1997 and reply dated 11 August 1997.

Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Graeme Brown.

RGB004EIes CONDITIONS

1. That the development hereby permitted shall be started within 5 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 relates to the change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external and/or internal appearance of the building without the prior written consent of the Planning Authority.

Reason : To enable the Planning Authority to safeguard the architectural character of this Catagory B Listed Building and the surrounding Airdrie Victoria and Town Centre Conservation Area.

3. That notwithstanding the provisions of the Town and Country Planning (Control of Advrtisements) (Scotland) Regulations 1984, no fascia signs, adverts or projecting signs shall be displayed on the premises 0 without the prior written consent of the Planning Authority. Reason : To enable the Planning Authority to consider these aspects in detail to safeguard the architectural character of this Catagory B Listed Building and the surrounding Airdrie Victoria and Town Centre Conservation Area.

RGB004E.DOC APPLICATION No. C/97/326/FUL

REPORT

1. INTRODUCTION

1.1 Planning permission is sought to change the use of the former Royal Bank of Scotland at 12 Bank Street, Airdrie from a bank to a public house.

2. APPLICATION SITE

2.1 The application site is located on the east side of Bank Street, Airdrie. It comprises a three storey sandstone building which is Category B Listed. The property has a parking area at the rear which is accessed from Graham Street on the south side of the building.

2.2 The building was last used as a bank by the applicants but was vacated a number of years ago and has remained unoccupied.

3. PLANNING POLICY

0 3.1 The application site is covered by five policies of the Adopted Monklands District Local Plan 1991;-namely policies ECON 13/4, COM4, ENV 15/3, ENV16WG and ENV17. These are summarised as follows:

3.2 ECON 13/4: Improvement of Industrial Site. The central area of Airdrie is covered by a policy of the Local Plan that encourages existing industrial areas to be improved. This is obviously not relevant to this case.

3.3 COM4: Secondary (Retail) Core Areas

“Within the secondary (retail) Core areas of Airdrie ...... the District Council will support shopping and related uses..... subject to otherpolicies of this Plan. ” Under this policy the proposal also relates to policy COMll which states; “The District Council will accept development of Social, Entertainment and Commercial “bad neighbour” uses in Secondary (Retail) Core Areas...... where there is no anticipated adverse effect on the amenity of local

residents. ”

3.4 ENV15/3: Conservation Area. This policy designates this area as the Victoria and Town Centre, 0 Airdrie Conservation Area.

3.5 ENV16: Conservation Area Improvements. The terms of this policy give detailed guidance on the consideration of applications for planning permission for development within Conservation Areas. Sections E and G relate to this case. These state:

“In determining applications for development within Conservations Areas, the District Council will pay regard to the height, scale, materials, roof lines, building lines, detailing, colour, overall character of theproposals, and character of surrounding buildings which it is desirable to maintain and enhance.

The District Council will introduce Article 4 Direction Orders to exercise greater control over minor developments within the Districts Conservation Areas. These Article 4 Orders will be introduced for each of the District’s Conservation Areas and will cover the following Classes of Development as defined in the Town and Country (General Development) (Scotland) Order 1981, as amended. ’’

RGB004E/es 3.6 ENV17: Protect Listed Buildings. This policy outlines what considerations should be given when determining applications that relate to Listed Buildings.

4. REPRESENTATIONS

4.1 One letter of objection has been received from Harley’s Ltd, via Mr D. G. Upton, 80 Ayr Drive, Cairnhill, Airdrie. Harley ’s Ltd have received planning permission to operate a similar licensed premises within Airdrie town centre. The objection is as follows;

i) There are no facilities for rear deliveries and this will cause traffic congestion on Bank Street.

ii) The number and incline of steps at the entrance to the building are not suitable for people with disabilities and will be a hazard for customers leaving under the influence of alcohol.

iii) If this current proposal were to be granted it would affect the viability of the business of Harley’s Ltd which may result in the loss of employment for the company’s staff.

iv) There will be an over provision of public houses in Airdrie town centre.

V) There are no dedicated parking facilities at the rear of the property.

5. ASSESSMENT

5.1 The main issues with this proposal are the location of the premises and its intended use.

5.2 The site is within the town centre of Airdrie and is surrounded by commercial properties. The policies of the Local Plan make provision for a public house use within this part of the town centre, which is allocated as a Secondary (Retail) Core Area. The only proviso made within the policy is that it does not have a detrimental affect on any neighbouring residential properties. At this location there are no residential properties on the upper floors of this or any of the surrounding commercial premises. Therefore I do not consider that there is any conflict with Local Plan Policy in this instance.

5.3 The objector has raised a number of points regarding access and parking for the premises, in particular in relation to servicing. There is a yard area at the rear of the building which is accessed from Graham Street, adjacent to the current Royal Bank of Scotland. At present the area is used as a car park, primarily for customers and staff of the Bank. The car park is closed at 5pm. The applicant has however confirmed that the area directly adjacent to the application premises will be available for use for both staff parking and servicing.

5.4 There a number of other licensed premises within the central core area and four within the immediate vicinity of the application site, including the objector’s property although this has yet to be developed as licensed premises. With one exception, on Buchanan Street, all appear to have servicing areas, but none have a dedicated customer parking area.

5.5 Within the retail core areas of the town I consider that all of these premises will be adequately served by the existing public car parks within the immediate area and that the current parking restriction (no waiting between 8am and 6pm Mon. to Sat., No loading or unloading 8.30 - 9.30 am and 4.30 - 5.30pm Mon. to Sat.) directly outside the premises and in the adjacent streets will prevent any problems of parking and traffic congestion during the day.

RGB004EIes 5.6 With regard to the objectors comments regarding access to the building I would only comment that the current planning application seeks to establish the principle of the use of the property. Any physical alterations will be the subject of a further application for planning permission and listed building consent and these points will be examined at that time.

5.7 Finally the only other concern with the proposal would be the potential for any reduction in the amenity of neighbouring residential properties, and the over provision of licensed premises within the area.

5.8 Within the retail core areas as defined by the Local Plan there area 13 licensed premises such as public houses and night clubs. With the current planning application and the unimplemented development by the objector at 12 Stirling Street there will be 15. The retail core area includes Bank Street, Graham Street, Stirling Street, Hallcraig Street, South Bridge Street, High Street, Broomknoll Street, Buchanan Street, Anderson Street and Chapel Street.

5.9 I do not consider this to be an over provision of licensed premises within the central area to an extent that would cause a detrimental affect on the amenity of residential properties within the area. Indeed the upper floor rooms of the properties in the immediate vicinity of the application site are used as offices and retail storage areas.

0 6. CONCLUSIONS

6.1 The proposal to change the use of this premises from a bank to a public house accords with the policies of the Adopted Monklands District Local Plan 1991 and will not adversely affect the amenity of the surrounding area by way of noise and disturbance or by traffic congestion. I therefore recommend that planning permission be granted subject to the conditions outlined.

RGB004EIes Application No. S/97/00231/FUL Date registered 21 April 1997 APPLICANT MURDOSTOUN CASTLE ESTATE LIMITED, SILVERWELLS HOUSE, CADZOW STREET, HAMILTON Agent Tom Whitelaw Associates, Whitfield, West Linton EH46 7AX DEVELOPMENT CONSTRUCTION OF 56 HOUSES AND 12 FLATS (AT BELLSIDE) AND 102 HOUSES, 8 FLATS, GOLF COURSE AND ASSOCIATED WORKS LOCATION MURDOSTOUN CASTLE ESTATE, NORTH AND SOUTH ROAD, BELLSIDE, CLELAND

Ward No. 19 Grid Reference 281945-657955

File Reference S/PL/B/4/4 1(43) /SP/AB

0 Site History See accompanying report which outlines the complex site history.

Development Plan Finalised Wishaw Local Plan (Greenbelt) Strathclyde Structure Plan (Greenbelt) Draft Motherwell Local Plan (Greenbelt)

Contrary to Development Plan Yes

CONSULTATIONS

Objection The Scottish Civic Trust, Royal Fine Art Commission for Scotland, The Garden History Society, Central Scotland Countryside Trust, Historic Scotland, Scottish Natural Heritage, Association for the Protection of Rural Scotland No Objection West of Scotland Water, Scottish Office (Agriculture), The Coal Authority, Scottish Power, Scottish Sports Council, First Engineering, NLC Environmental Services, Leisure & Education Conditions West of Scotland Archaeological Service No Reply SEPA, British Gas Transco, Clyde Valley Tourist Board, Lanarkshire Development Agency, NLC Economic Development & Property.

REPRESENTATIONS

Neighbours 4 letters of objection Newspaper Advertisement 5 letters and 1 petition (38 signatures)

COMMENTS The applicants seek planning permission for the construction of 56 houses and 12 flats at Bellside and 102 houses, 8 flats, an 18 hole golf course, clubhouse with associated works on land forming Murdostoun Castle Estate. The Estate and the southern part of the development at Bellside are situated within the Greenbelt separating the settlements of Cleland and Newmains. The total area to be developed extends to Majeatv's Stationery Ottlce Crown RESIDENTIAL AND GOLF COURSE DEVELOPMENT. 1: 10000 moyrignt unautnwisea pe.roduction /p Infringes Crown coovrignt ana may lead to orose~~ti~nOP civxi p~oceeainq~ MUROOSTOUN ESTATE. Date NOrtn Lanertsnire Council N Licence numoer ~~09041~ BELLSIDE. i7/09/97 I L approximately 57 hectares. The housing within Murdostoun is contrary to both the Local Plan and the Structure Plan Greenbelt Policies. However, the applicants claim that the provision of the golf course, woodland management and road improvements will enhance the environment of the Estate and will contribute to both the local economy and community.

Several objections have been received in relation to the proposals and my comments on these and the merits of the application are detailed in the attached report.

On balance, notwithstanding the objections raised, given the unique circumstances relating to this application, it is considered that planning permission could be granted subject to conditions and to the conclusion of a Section 75 Agreement between the Council and the applicants.

0 RECOMMENDATION Grant, subject to the following conditions:-

GENERAL

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 development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority.

a) the siting, design and external appearance of the golf clubhouse and all other associated buildings and structures

b) the layout of the golf club car park including footways and parking areas

c) details of, and a timetable for, the hard and soft landscaping required in the formation of the golf course

d) the design and location of all boundary walls and fences

e) the provision for loading and unloading of all goods vehicles

f) the phasing of the development

g) the provision of drainage works and

h) the disposal of sewerage.

Reason: The approval for the golf course and clubhouse is in principle only. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (2) above, shall be made to the Planning Authority.

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

That before development starts a satisfactory Traffic Impact Assessment shall be agreed between the developer and the Planning Authority.

Reason: The Traffic Impact Assessment submitted to the Planning Authority on 29 August 1997, is not satisfactory.

That notwithstanding any other terms or conditions of this consent, a roundabout at the junction of Carlisle Road with the A73 shall be completed, to North Lanarkshire Council’s standards, prior to any other works commencing within the entire development site (for the avoidance of doubt this includes Bellside North, Bellside South, the core of Murdostoun Estate as defined on the approved plans, and the area covered by the golf course).

Reason: In the interests of road safety on the A73.

That notwithstanding the terms of conditions (4) and (5) above the following requirements shall be met prior to any other works commencing within the entire development area. (For the avoidance of doubt this includes Bellside North, Bellside South, the core of Murdostoun Estate as defined on the approved plans, and the area covered by the golf course).

North and South Road shall be realigned to take account of the changing priorities at its junction with Shawstonfoot Road.

The development access road shall take priority at its junction with North and South Road.

The on street parking problem in the vicinity of 27 Shawstonfoot Road shall be resolved.

Sight lines of 9 metres by 90 metres shall be provided at all junctions with North and South Road, with 90 metres forward visibility provided on North and South Road.

A 2 metre wide footway shall be provided along the full length of the west side of North and South Road.

Street lighting shall be upgraded in accordance with North Lanarkshire Council’s current standards.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to and from the site.

That details of contractors storage/compound areas and construction of any temporary vehicular access to same shall be submitted to and approved by the Planning Authority before any such works commence on site.

Reason: To enable the Planning Authority to consider these aspects in detail. (8) That before development starts, a certificate, from a recognised firm of chartered engineers shall be submitted to the Planning Authority confirming the mineral stability of the site and identifying any gases from former landfill or coal workings within or in the vicinity of the site and shall include a statement of remedial measures as may be required to deal with any gases identified and this certificate shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the site and to ensure that the site is not adversely affected by the presence of gases from the landfill or coal workings, in the interests of future occupants.

(9) That any remedial measures required under the terms of condition (8) above shall be completed before development commences or any part of the development is occupied or brought into use, as is deemed appropriate in the said statement of remedial measures, to the satisfaction of the Planning Authority.

Reason: To ensure that the site is made safe from any presence of gases from landfill or coal 0 workings, in the interests of future occupants. (10) That before development starts, a report, from a professionally qualified source, describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants) shall be submitted to the Planning Authority and development shall not be commenced until such action as is recommended by this report, in order to remove, or render harmless, any such contaminants, has been taken, to the satisfaction of the said Authority.

Reason: To ensure the site is free of contamination, in the interests of future occupants.

(11) That no development shall take place within Murdostoun Estate until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the developer, agreed by the West of Scotland Archaeological Services and approved by the Planning Authority.

Reason: To ensure that all archaeological remains are properly examined and recorded.

0 (12) That before development starts a report from a professionally qualified source shall be submitted to, and for the approval of the Planning Authority, which determines the location and extent of badger acitivty within, and immediately adjacent to the development site.

Reason: To ensure adequate measures are put in place to protect the species and associated habitats.

LANDSCAPING AND WOODLAND MANAGEMENT

(13) That notwithstanding the terms of condition 2(c) above, a woodland management and landscaping scheme shall be submitted to and for the approval of the Planning Authority prior to the commencement of any works within the site, other than the roadworks, and the scheme shall incorporate the following elements:

(i) a full arboricultural survey of all of the existing woodland areas and trees within the site; (ii) proposals for the measures to be adopted to protect trees, shrubs and hedges during the course of development;

(iii) details of the provision of facilities to permit public pedestrian access through the woodlands:

(iv) details of earthworks and drainage associated with the landscaping scheme;

(v) details of fencing proposed throughout the entire site;

(vi) the proposed timescale for the implementation of all works covered by this condition;

(vii) the proposed arrangements in respect of the subsequent management of the parts of the site covered by this condition;

(ix) identification of landscape features which are to be retained or reinstated;

(x) identification of visual envelopes in and out of, and within the site;

(xi) identification of parts of the site where development should be restricted or prohibited;

(xii) identification of changes that will affect the fabric of the landscape.

Reason: In recognition of the existing amenity of the area covered by the proposed development and to ensure that the woodland landscape is subsequently maintained and managed in accordance with sound arboricultural practices.

(14) Notwithstanding the requirements of conditions (2) and (13) above, separate landscaping schemes shall be submitted to and for the approval of the Planning Authority in respect of the golf clubhouse, the residential sites at Bellside and the core of the Estate and 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 number, variety and size of trees and shrubs to be planted;

(c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, and

(d) details of the phasing of these works.

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

(15) That notwithstanding the generalities of condition (2) above, details of the layout and landscaping of the proposed golf course shall be submitted to and for the approval of the Planning Authority prior to the commencement of any works within the site, other than the roadworks, and this scheme shall incorporate the following:

(i) detailed plans, to a scale of not less than 1500, showing the layout and landscaping of the site; (ii) detailed plan, to a scale of not less than 1:1250 showing the existing and proposed contours of the golf course;

(iii) details of all fencing to be erected;

(iv) details of the proposed drainage scheme;

(v) the proposed timescale for the implementation of all the works covered by this condition.

Reason: These details have not been submitted.

(16) That the landscaping and woodland management schemes required under the terms of conditions (13), (14) and (15) above, shall be carried out in accordance with the approved timescale to the satisfaction of the Planning Authority, and thereafter all of the works shall be maintained to the satisfaction of the said Authority.

Reason: In the longer term interests of the visual amenity and landscape quality of the site. 0 (17) That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the prior written consent of the Planning Authority.

Reason: To safeguard the amenity of the area.

(18) That notwithstanding the requirements of conditions (13), (14) and (15) above, the avenues of trees and hedges shaded GREEN on the approved plans shall be retained.

Reason: To preserve the historical layout of the Woodland Estate.

GOLF COURSE PROVISION

(19) That notwithstanding the requirements of condition (15) above, the proposed golf course shall be designed by a member of the Institute of Golf Course Architects to the satisfaction of the Planning Authority.

Reason: In order that the Planning Authority can be satisfied that the golf course design has taken full account of the landscape quality and heritage value of Murdostoun Estate.

(20) That prior to the occupation of the 25th dwellinghouse hereby permitted in the core of Murdostoun Estate, as defined in the approved plans, construction work shall have begun on the provision of the golf clubhouse and construction shall have begun on the provision of the golf course hereby permitted, to the satisfaction of the Planning Authority.

Reason: To accord with the intentions of the applicant, and to justify the Council’s approval of the application contrary to the current Development Plans.

(21) That prior to the occupation of the 25th last dwellinghouse hereby permitted, construction work shall have been completed on the golf course and the clubhouse to the satisfaction of the Planning Authority.

Reason: To accord with the terms of the Council’s approval of the application to the current Development Plans. HOUSING LAYOUT AND DESIGN

(22) That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.

Reason: These details have not been submitted.

(23) That notwithstanding the requirements of condition (22) above, the external materials to be used on the housing within the core of the Estate shall be such that they minimise the visual impact upon the landscape. For the avoidance of doubt the following shall be taken into consideration in the design of the housing:

(a) roofing materials shall be restricted to tones of grey or brown;

(b) facing brick, render, dry dash and stone shall be restricted to neutral colours and should avoid very pale or very bright colours, in particular white dry dash and red facing bricks. e Reason: In the interests of the visual amenity of the area. (24) That before development starts, full details of the design and location of all fences and walls to be erected on the residential sites shall be submitted to, and approved by the Planning Authority.

Reason: These details have not been submitted.

(25) That before any of the dwellinghouses situated on a site upon which a fence is to be erected are occupied, the fence, or wall, for which the permission of the Planning Authority has been obtained under the terms of condition (24) above, shall be erected.

Reason: To safeguard the amenity of future residents.

(26) That no access shall be taken directly from residential properties into areas of woodland, boundaries should be securely fenced and should not contain gates.

Reason: In order to minimise the impact on the woodland landscape.

(27) That the area hatched BLUE on the approved plans shall be preserved as amenity land and shall be deemed to have a restricted use, in accordance with Section 93 of the Town and Country Planning (Scotland) Act 1997.

Reason: To define the use of the land.

PLAY PROVISION AND AMENITY

(28) That prior to the completion of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (14) above, shall be completed, and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species.

Reason: In the interests of amenity. (29) That before development starts a scheme for the provision of 4 equipped play areas within the application site shall be submitted to, and approved by, the Planning Authority and this shall include.

(a) details of the type and location of play equipment, seating and litter bins to be situated within the play areas

(b) details of the surface treatment of the play areas, including the location and type of safety surface to be installed

(c) details of the fences to be erected around the play areas and

(d) details of the phasing of these works.

Reason: To ensure the provision of adequate play facilities.

(30) That prior to the occupation of the last 10 dwellinghouses within the development, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition (29) above, shall be completed, and, thereafter, that area shall not be used for any purpose other than as a play area.

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

(31) That no electricity transforming, or switching equipment, gas governor, or sewage pumping station, shall be erected on any part of the site without the prior written consent of the Planning Authority.

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

GARAGES, PARKING AND ACCESS ROADS

(32) That any garages built within the curtilage of a dwellinghouse shall be finished in materials to match the dwellinghouse.

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

(33) That the use of any garages hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouses on the site and no commercial activity shall be carried out, in or from the garages.

Reason: To safeguard the residential amenity of the area.

(34) That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the integral garages shall not be used as habitable rooms, without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plots. (35) That before development starts details of the design, location and construction of proposed vehicular and pedestrian accesses, and communal parking areas within Bellside North and South, shall be submitted to and approved by, the Planning Authority.

Reason: These details have not been submitted.

(36) That before development starts, details of the surface finishes to parking bays, parking courts and curtilage parking areas shall be submitted to, and approved by, the Planning Authority.

Reason: These details have not been submitted.

(37) That all new roads shall be designed in accordance with North Lanarkshire Council’s current guidelines and shall incorporate appropriate traffic calming measures.

Reason: In the interests of road safety.

(38) That, notwithstanding condition (35) above all courtyard parking areas shall be accessed via a 0 dropped kerb footway crossing. Reason: In the interests of public safety.

(39) That before each dwellinghouse is completed or occupied, a 3 metre wide private vehicular access or driveway, of at least 6 metres in length where it leads to a garage, or at least 10 m in length where no garage is hereby approved, shall be provided to serve the property and the first 2 metres of the said access, beyond the limit of the adjoining road, shall be paved.

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

(40) That at all junctions, the first driveway on the left on the side roads, shall be set back a minimum distance of 15 metres from the “give-way” line.

Reason: In the interests of road safety.

(41) That no dwellinghouse shall be occupied until the access roads and footways leading thereto e from the existing public road have been constructed to base course level.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

(42) That within 6 months of the date of the completion of the final house at

1) Bellside 2) North core 3) Mid core 4) Southcore

access roads and footpaths which form part of this permission shall be constructed to wearing course level to the satisfaction of the Plannning Authority..

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. NOTES TO COMMITTEE

(1) The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of

The phasing of house completions to the provision of the golf course. The guarantee that the golf course will be made available to the general public on a ‘pay- as-you-play ’ basis. The preparation and implementation of a woodland management plan for Murdostoun Estate. The provision of the roundabout and associated road improvements.

(2) If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with The Town and Country Planning (Notification of Application) (Scotland) Direction 1997.

List of Background Papers

Application form and accompanying plans dated 21/4/97 Letters from Murdostoun Castle Estates Limited dated 14/8/97 & 8/9/97 Finalised Wishaw Local Plan Draft Motherwell District Local Plan Strathclyde Structure Plan Memos from Transportation Manager (South) dated 1/5/97 & 8/9/97 Memo from Director of Environmental Services dated 16/5/97 Memo from Head of Protective Services dated 21/5/97 Memo from Head of Sport and Recreation dated 21/5/97 Memo from Director of Leisure Services dated 13/6/97 Memo from the Planning Service Manager dated 11/9/97 @ Letter from James & Jill Spiers, Spiers Dairy 220 Carlisle Road, Bellside, dated 25/4/97 Letter from Mr & Mrs J Gray, ‘Silvermuir’ 41 Carlisle Road, Bellside, dated 28/4/97 Letter from Mr L Napier & Mrs R N Beck, 35 Carlisle Road, Bellside, dated 1/5/97 Letter from J Burns, 37 Carlisle Road, Bellside, dated 3/5/97 Letter from Mr & Mrs Pavilonis, 17 Shawstonfoot Road, Bellside, dated 5/5/97 Letter from Sandra Lindsay, 84 Ivanhoe Crescent, Wishaw, dated 8/5/97 Letter from Miss F S Campbell, 15 Shawstonfoot Road, Bellside, dated 15/5/97 Letter from Mr & Mrs A Rattray, 9 Shawstonfoot Road, Bellside, dated 12/5/97 Letter from Lesley Arthur, West Lodge, Murdostoun, Bellside, dated 26/5/97 Petition from the Bellside Residents Action Group dated 5/6/97 Letters from West of Scotland Archaeological Service dated 1/5/97 & 9/5/97 Letter from The Coal Authority dated 9/5/97 Letter from The Scottish Sports Council dated 9/5/97 Letter from Scottish Power dated 12/5/97 Letter from NLC, Director of Education dated 14/5/97 Letter from The Scottish Office Development Department dated 15/5/97 Letter from the Royal Fine Art Commission for Scotland dated 15/5/97 Letter from West of Scotland Water (Water) dated 15/5/97 Letters from Central Scotland Countryside Trust dated 1/5/97; 19/5/97 & 22/5/97 Letter from First Engineering dated 19/5/97 Letter from The Scottish Civic Trust dated 19/5/97 Letter from The Garden History Society Scottish Group dated 20/5/97 Letter from West of Scotland Water (Sewers) dated 27/5/97 Letter from The Scottish Office, Agriculture, Environment and Fisheries Department, dated 28/5/97 Letter from Historic Scotland dated 18/6/97 Letter from Scottish Natural Heritage dated 10/7/97 Letter from the Association for the Protection of Rural Scotland dated, 11/7/97

Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Miss Penman. APPLICATION NO. S/97/00231/FUL

REPORT

1. DESCRIPTION OF SITE AND PROPOSAL

1.1 The applicants seek detailed consent for the construction of an 18 hole golf course, clubhouse and 178 residential units at Murdostoun Castle Estate. The development is proposed on two separate sites located between the existing settlements of Bellside to the North and Newmains to the South.

1.2 Fifty six houses and 12 flats are proposed on land at Bellside lying between the A73 and North and South Road.

1.3 The golf course, clubhouse, 102 houses and 8 flats are proposed on land which comprises a substantial part of the former Murdostoun Castle Estate. The golf course development is bounded to the north by the Glasgow/Edinburgh (via Shotts) railway line, North and South 0 Road lies to the west with the remainder of the Estate to the south and east.

1.4 The applicants have submitted a statement in support of the proposed development in which it is claimed that the proposals will benefit the local community.

It is claimed that the proposals will:-

- Improve road safety with the provision of a roundabout at Bellside

- Provide an 18 hole golf course in an area where demand is high and existing provision is low

- Ensure the survival and guarantee the future of the Estate in addition to giving wide public access to a sustainable and managed woodland walkway.

Provide a mix of house types.

2. BACKGROUND

2.1 Development proposed at Murdostoun Estate has a lengthy and complex history.

2.2 An application, in outline, for a mixed leisure, commercial and residential development on 303.9 acres (123 hectares) within the former Murdostoun Estate was submitted to Motherwell District Council in 1992. The proposal comprised housing in three separate areas, a petrol station, a motel, a nursing home, local shopping facilities, country club, an 18 hole golf course and equestrian centre along with a woodland management scheme and extension of the footpath in the South Calder Valley.

2.3 The commercial and residential elements of this proposal conflicted with the greenbelt and residential land policies of the Local and Structure Plans covering the area.

2.4 Revised proposals were submitted to Motherwell District Council in April 1993 and although still contrary to the Development Plan Policies, the District Council, at a meeting on 7 July 1993, took the decision to grant consent for the application subject to a number of detailed modifications, conditions and a section 50 Agreement. However, Strathclyde Regional Council, being of the opinion that there was insufficient justification for departing from the Structure Plan, called the application in on 29 July 1993.

2.5 Following the call in and further discussions with the applicants, a revised plan indicating a much reduced scheme for the site was submitted on 5 October 1993.

2.6 Housing previously shown in the core of the Estate was removed from the proposals along with the golf course, country club/clubhouse, equestrian centre, motel and local shopping facility. The revised proposals comprised residential development at Bellside and Crindledyke and a woodland management scheme.

2.7 Those areas located within the greenbelt separating the communities of Bellside/Cleland and Newmains, were considered to have a significant impact on the environment. Permission was granted on 25 April 1994, however, it should be noted that during the call-in by Strathclyde Regional Council, the Secretary of State gave the proposals full consideration, in view of the greenbelt issues involved, before allowing the Regional Council to determine the application. Consequently the permission issued was on the basis that the development was limited to areas which consolidated the existing settlements and was in line with the strategic requirement for housing release in the East Motherwell Villages. Significant landscaping was also required to ensure the effective separation of the development through a greenbelt edge and to protect views into and out of the historic landscape of Murdostoun Estate.

2.8 The restriction of development to the southern part of the site, between the A73, the disused railway and the existing built up area was considered to be appropriate given the topography of the site and the need to protect the amenity of Murdostoun Estate and the South Calder Valley.

2.9 In May 1994 an application was submitted for the approval of reserved matters for a residential development of approximately 210 units adjacent to East Crindledyke. This application was called in by Strathclyde Regional Council in December 1994 as the proposed development significantly exceeded the limit on the area acceptable for development which was imposed on the outline planning permission.

2.10 After due consideration the Regional Council decided not to intervene in determining the 0 application provided that specific conditions relating to landscape requirements were attached to the approval issued by Motherwell District Council. The Regional Council specified that the conditions should, amongst other issues, restrict development with significant landscape buffers to clearly define the north western boundary of the site.

2.11 Motherwell District Council granted consent, subject to conditions, for 173 dwellings on 3 April 1995. Barratt West Scotland are currently developing the site.

3. DEVELOPMENT PLAN

3.1 The site is covered by Policy El of the Finalised Wishaw Local Plan. This Policy defines the area as greenbelt and states that there will be a general presumption against new residential development unless it is required in relation to agriculture, forestry, tourism, outdoor recreation and landscape improvement. 3.2 Structure Plan Policy GB1 also applies to the site. Policy GB1 presumes against the spread of built up areas and the encroachment of development into the countryside. Thus maintaining greenbelt around settlements is a key objective for protecting the environment.

3.3 The Consultative Draft of the Motherwell District Local Plan identifies the site within an area designated as greenbelt and covered by Policy ENV4. This policy seeks to resist development in the greenbelt and emphasises the importance of maintaining its appearance, ecological variety and maximising the benefit for the general public. The policy recognises that the greenbelt is important for wildlife and fulfils the function by providing a range of habitats around the urban edge and that these should be protected and enhanced.

3.4 The proposal as a whole would constitute a departure from the Development Plans in terms of development not appropriate in the greenbelt. Two of the three elements of the application would be acceptable in policy terms, namely the residential development at Bellside North and the development of the 18 hole golf course and ancillary buildings. The third and largest part of the application, the development of 130 houses and 16 flats at Bellside South and Murdostoun Estate, would not be appropriate in terms of current greenbelt policy. If permission is to be granted it will have to be argued that special circumstances prevail in this case to justify a departure from established greenbelt principles.

3.5 The Estate is identified in Schedule 22 of the Structure Plan as an entry in the survey of Historic Gardens and Designed Landscapes which identifies sites which have the potential to be added to the Inventory of Historic Gardens and Designed Landscapes.

4. CONSULTATIONS

4.1 NLC - EDUCATION The Department of Education has no objections to the proposal. Current roll projections for the schools associated with the areas to be developed can accommodate all children associated with a development of this size.

4.2 NLC - ENVIRONMENTAL SERVICES No objections. However, in view of the location of the proposed housing development in close proximity to the A73, traffic noise should be taken into consideration at the design stage. e 4.3 NLC - ECONOMIC DEVELOPMENT AND PROPERTY No comments.

4.4 NLC - LEISURE SERVICES The Director of Leisure Services has no objections to the development of a golf course as it could safeguard the site in the longer term from further development pressures and could provide opportunities for diversifying the wildlife interest. The golf course should operate a pay-as-you-play system to allow non-members to make use of the course. However, the Director of Leisure Services considers that the central area of housing proposed around the golf course should be resisted as it would completely change the landscape character of the Estate.

4.5 SCOTTISH OFFICE (AGRICULTURE) No objections

4.6 BRITISH GAS TRANSCO No response 4.7 THE COAL AUTHORITY The site has been subject to considerable coal working in the past. In view of the mining circumstances, a prudent developer should seek appropriate technical advice before undertaking any works on site.

4.8 FIRST ENGINEERING No objections in principle provided that the developer provides and maintains fencing along the boundary with the railway line.

4.9 SCOTTISH POWER No objection in principle.

4.10 WEST OF SCOTLAND WATER While there are no objections in principle, West of Scotland Water has advised that an 18” water main traverses the north west corner of the site and will require either an area to be set aside for a wayleave or diversion of the main at the developers’ expense.

0 4.11 SEPA No response

4.12 LDA No response

4.13 CLYDE VALLEY TOURIST BOARD No response

4.14 ASSOCIATION FOR THE PROTECTION OF RURAL SCOTLAND The Association for the Protection of Rural Scotland (APRS) is opposed to the proposals for 102 houses and 8 flats immediately to the west of the proposed golf course. The grounds of objection are that it represents an unacceptable intrusion into the landscape quality and countryside amenity. The Association supports the role of the Greenbelt which is to provide recreation and maintain the landscape setting of settlements thus preventing their coalescence and considers that this would be seriously prejudiced by the development.

APRS consider the proposals to be completely contrary to the Adopted 1995 Strathclyde Structure Plan, the Motherwell District Local Plan (Consultative Draft) 1995, the Scottish Office Circular 24/1985 “Development in the Countryside and Greenbelts”, NPPG 11 Sport Physical Recreation and Open space, PAN 43 Golf Courses and Associated Developments and NPPG 3 Land for Housing.

APRS concludes that there are no material justifications sufficient to justify approval of this element of the proposal. APRS also objects to the housing proposed at Bellside south.

4.15 CENTRAL SCOTLAND COUNTRYSIDE TRUST Central Scotland Countryside Trust (CSCT) is not opposed to the development of Bellside North and South. Although the golf course proposal raises more issues, in principle the Trust would not object to this element of the proposal as it is considered to have little adverse impact. The Trust considers the houses and flats being proposed in conjunction with the golf course to be contrary to the greenbelt policy contained in the Draft Motherwell Local Plan and is likely to set a precedent for further development in the Estate.

CSCT believes that substantial loss of greenbelt to built environment with a consequential landscape impact should be restricted in this case and, therefore, the Trust objects to the current application based on this element of the scheme.

4.16 THE GARDEN HISTORY SOCIETY The Garden History Society is strongly opposed to residential development within the boundary of the historic designed landscape at Murdostoun but raises no objection to the smaller development at Bellside South. The Society has some reservations about the golf course proposal, particularly the section in the part to the south and east of the North Rookery Plantation which is overlooked by Murdostoun Castle. The Garden History Society urges the Council to adhere firmly to its own policies in respect of the greenbelt and the built heritage set out in the Draft Local Plan, and to refuse the application. The Society is concerned that, if this development is allowed to proceed it will ultimately result in the fragmentation and destruction of one of the last pieces of landscape of high quality and historic interest in the Motherwell area.

4.17 HISTORIC SCOTLAND Historic Scotland is of the opinion that, from the designed landscape view point, the proposed development which takes in some 50% of the parkland, is disastrous and will severely erode the integrity of the site. In addition to being of importance in its own right, this landscape provides a highly significant green backcloth to the urban sprawl of Newmains and Motherwell/Wishaw.

4.18 ROYAL FINE ART COMMISSION FOR SCOTLAND The Royal Fine Art Commission for Scotland notes that the majority of the estate of large fields and extensive woodland lies within the designated greenbelt land. The Commission is Concerned about the coalescence of villages in this area and is of the opinion that each distinct settlement would be further compromised by the substantial increase in housing which is proposed. The Commission advises that the commercial benefits from developing this site for residential use should be weighed against the loss of sensitive agricultural land in an area scarred by open cast coal mining. The Commission concludes that the land should remain undeveloped until the need for housing on the greenbelt site is established by the Council. The architectural and landscape design should be of the highest quality if development were to proceed.

4.19 THE SCOTTISH CIVIC TRUST The Trust considers that new residential development should be integrated with existing settlements, moulded by existing boundaries or boundaries which can be altered or consolidated organically to complement the rural, greenbelt location. The Trust is of the opinion that the development of Bellside North and South and the golf course are acceptable. The Trust finds the proposed construction of 102 houses and 8 flats within the open greenbelt unacceptable and, therefore, objects to the current application.

4.20 SCOTTISH NATURAL HERITAGE SNH objects to the proposed development on the grounds that Murdostoun Estate is included in the draft “Extension to the Inventory of Gardens and Designed Landscapes” which means it is considered to be of national importance and should be protected from adverse development. In addition the proposals would substantially extend the urban corridor along the A73 and would significantly reduce any views with a pleasant countryside character.

SNH considers the design quality of the layout to be poor and neither respects its location within an important designed landscape nor the grain of the nearby vernacular settlement patterns.

The development is contrary to the greenbelt policies in the Draft Motherwell Local Plan and the 1995 Structure Plan.

4.21 WEST OF SCOTLAND ARCHAEOLOGICAL SERVICE The proposed development lies close to a number of archaeological sites within the grounds of the Estate. In addition to the archaeological issues raised by development the proposals may affect surviving elements of the gardens and designed landscape surrounding the Castle, which date from more modern periods but which are increasingly recognised as being of considerable historical and social interest. The designed landscape is identified as being of possible historical significance in Schedule 22 of the Strathclyde Structure Plan Written Statement 1995 and any surviving elements of the designed landscape or garden features should be regarded as being worthy of archaeological record before their possible destruction.

The West of Scotland Archaeological Service advises that the archaeological issues raised by the proposal require to be adequately addressed in accordance with government policy set out in NPPG 5. If the Council is minded to granted permission for the development without an archaeological evaluation first taking place it is recommended that a negative suspensive condition, as suggested by Pan 42, be attached to any consent granted.

4.22 THE SCOTTISH SPORTS COUNCIL The Scottish Sports Council (SSC) has no objection to the proposed development. The location of the proposed golf course and clubhouse is within the designated Priority Area for Development for Golf Courses within Scotland. This denotes that this site is within the area where the SSC believe courses should be developed to meet the considerable demand for golf course provision for Scottish residents, particularly around the Glasgow conurbation.

The area is also within the National Golf Study Priority Areas for Development identified within PAN 43 (Golf Course and Associated Developments). The SSC has no comments on the residential elements of the application other than it may be required to finance the much needed golf course in this area. The developer, should be encouraged to provide a pay-as-you- play element within the golf course development as much of the demand within the area is from beginners, improvers, women and juniors.

5. REPRESENTATIONS AND OBJECTIONS

5.1 The proposal was advertised under Article 18 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 and the Development contrary to Development Plans (Scotland) Direction 1996. Neighbour notification was undertaken by the applicants. As a result of these processes 9 letters of objection and a petition from the Bellside Residents Action Group containing 38 signatures have been received.

5.2 The grounds of objection can be summarised as follows:

Environmental Issues - the proposed development is contrary to current Greenbelt Policy - the development would be detrimental to the environment of Bellside - the proposed development is detrimental to the existing community by depriving residents of the use and enjoyment of the land in the future. - the existing wildlife habitat will be reduced or destroyed - the natural environment will be destroyed - the destruction of hardwood trees is considered to be an act of vandalism

Road and Traffic Issues

- the proposed development will result in increased congestion and road safety problems at the junction of Bellside Road and Carlisle Road. - the current road system is inadequate for existing traffic and unable to cope with the additional vehicles - visibility at the junction of Shawstonfoot Road with North and South Road and the entrance to the site on the west of North and South Road - the increase in traffic and noise levels would cause disturbance to local people - the proposed golf course would generate increased traffic to and from the clubhouse and potentially endanger road safety for children and the elderly - junction improvements are considered to be a waste of public money.

Infrastructure Issues

- the sewerage system and electricity supply is inadequate within the existing settlement - there is a lack of amenities such as shops, churches, schools and public transport within the existing settlement - education provision would suffer due to the increase in the number of children in existing schools - there is opposition to further public expenditure on additional transport to schools

Other Issues and Concerns

- the proposed development would detract from the amenity of the existing properties - flats would be inappropriate in the village - views of the Estate would be restricted - the proposed development would change the character of the present community - concern was expressed that only the housing would be constructed without the golf course development being completed. - approval of the development would set an undesirable precedent in the area.

6. PLANNING ASSESSMENT

6.1 The consultation replies and objections received indicate a mixed response to the proposed development. Some consultees are totally opposed to the development while others oppose individual elements, but support other aspects. Generally it would appear that the provision of an 18 hole golf course, the management of the Estate and development of housing at Bellside are considered acceptable.

6.2 The principle objection expressed by both consultees and residents is that the proposals are contrary to the greenbelt policies contained within the development plans covering the area. 6.3 It has to be acknowledged that, apart from North Bellside which already has the benefit of outline consent for residential development, the housing component of the proposed development is contrary to current greenbelt policies covering the site.

6.4 The majority of the site lies within the greenbelt designated in the approved County Development Plan and the finalised Wishaw Local Plan approved in 1986 by the former District Council, but not formally adopted. Policy El in the Wishaw Local Plan states a general presumption against new residential development within the greenbelt unless it is required in relation to agriculture, forestry, tourism, outdoor recreation and landscape improvements.

6.5 The Consultative Draft of the Motherwell Local Plan, again approved by the former District Council in January 1995, also identifies the site within the greenbelt. Policy ENV4 in the draft plan seeks to retain the greenbelt by controlling the growth of built up areas and preserving the landscape character. Policy ENV5 allows for a limited amount of development within the greenbelt, but only if it can be demonstrated that it requires a countryside location.

0 6.6 Policy HSGl of the Draft Plan also directs new residential development to brownfield sites in preference to the release of land in greenfield locations.

6.7 The proposals are also contrary to the relevant Policies GB1 & GBlA and RES 2 & RES 2A in the consolidated Strathclyde Structure Plan 1991 and the equivalent policies in the 1995 Structure Plan Review. These policies reiterate the spirit of those contained in the Local Plans with the desire to restrict the spread of the built up areas, encroachment on the countryside and utilise infill and redevelopment sites within urban areas in preference to the development of peripheral greenfield sites.

6.8 It is clear that the majority of the housing proposals currently under consideration are contrary to greenbelt policy and could be considered to weaken the Council’s attempts to direct new development to vacant or redevelopment sites within existing areas. However, it should recognised that these policies are not mandatory and the planning application has to be considered on its wider merits.

@ 6.9 While it is accepted that the major part of the residential component of the development is controversial it must be examined carefully within the context of the wider application.

6.10 Although current housing land supply figures might suggest that there is no justification for significant housing development within Murdostoun Estate, the Council must consider the implications of the proposals and the contribution which they could make to both the local and wider community. As noted above it should also be appreciated that current development plan policies are not mandatory and must be assessed against each planning application which seeks to challenge them. It could be argued that although there is currently a sufficient supply of housing land, there is a shortage of ‘quality’ housing sites within the area. Consequently, Murdostoun Estate could be considered to be one of the few locations with the potential to provide a mature high quality landscaped setting for low to medium density housing.

6.11 The applicants claim that a measure of economic benefit, positive environmental and recreational benefits are offered by the proposed development, thus justifying favourable consideration. While this view is not generally accepted by many of the Consultees and objectors, the Council may take a contrary view resulting from its consideration of the wider benefits of the scheme. 6.12 In addition to the contribution of low density, high quality dwellings to the housing supply, the application may be considered to contribute three main elements of planning gain which require to be fully considered:-

a) the provision of leisurehports facilities b) environmental improvements c) the provision of a roundabout and associated road improvements

6.13 It was noted by the Scottish Sports Council and the Council’s Director of Leisure Services that the provision of an 18 hole golf course in the area would be an especially welcome development, particularly if it were to operate on a ‘pay-as-you-play’ basis. It is extremely unlikely that the Council would be able to provide an equivalent facility in the foreseeable future. Consequently the golf course and clubhouse facilities offered by these proposals are an extremely attractive aspect of planning gain for a much wider area, particularly as the Scottish Sports Council has identified the site as being within its designated ‘Priority Area for the Development of Golf Courses’.

0 6.14 It will be essential to ensure the provision of these facilities in relation to the proposed house building programme through the imposition of carefully considered phasing conditions, should planning permission be granted.

6.15 The environmental quality of Murdostoun Estate has been in decline for some time. A lack of adequate maintenance has resulted in some parts being overgrown and subject to vandalism. The Estate currently provides significant natural habitats for wildlife which will undoubtedly be disturbed or destroyed by the proposed development. While careful and sympathetic design of the golf course may result in minimal disturbance, habitats will be lost completely in the areas proposed for residential development.

6.16 In addition, to the preservation of natural habitats for wildlife, the provision of a golf course on the greater part of the development site will ensure the retention of the majority of Murdostoun Estate for existing and future generations.

6.17 To facilitate access and the traffic flows associated with such a development, the developer is proposing to construct a roundabout on the A73 at its junction with Carlisle Road in addition to other junction improvements within the existing road network at Bellside. It must be recognised that such improvements would be of benefit to a much wider area and all users of the A73 as the existing junction at Bellside has been considered to be hazardous to traffic for some time.

6.18 There is no doubt that the benefits outlined above have to be weighed against the conflict with the current greenbelt and housing policies. To ensure that the benefits are provided, if permission is to be granted it will be necessary to conclude a Minute of Agreement with the applicants in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997.

The Agreement would incorporate the following matters:

1) The phasing of the house completions’ to the provision of the golf course.

2) The guarantee that the golf course will be made available to the general public on a ‘pay- as-you-play ’ basis. 3) The preparation and implementation of a woodland management plan for Murdostoun Estate.

4) The provision of the roundabout and associated road improvements.

Section 75 Agreements are not uncommon in complex development packages such as this one proposed for Murdostoun Estate. They provide the Council with a measure of control over matters which cannot be competently covered by planning conditions. The following are recent examples which have included the use of a Section 75 Agreement:-

a) Strathclyde Business Park b) Caterpillar Site Redevelopment, c) Eurocentral, Mossend d) , Cleland Estate e) Legbrannock Country Park, Newarthill

6.19 If the Council is of a mind to grant consent, it is strongly recommended that no decision notice is issued until a Section 75 Agreement has been concluded with the applicant.

6.20 The application should also be viewed against the fact that, until fairly recently, the Southern Division of North Lanarkshire suffered from the run down of traditional industries resulting in unemployment and urban decay. Adverse publicity added the misconception that the area offers little in terms of achieving a high quality style and standard of living. However this has been counterbalanced to a certain extent by high profile developments such as Strathclyde Business Park, Bellshill and the Eurocentral Development at Mossend. The success of these business opportunities requires to be reinforced by the provision of a high quality living environment. The applicants claim that the Murdostoun Estate proposals offer the desirable combination of a variety of high quality housing and good leisure facilities. The development of Murdostoun Estate provides a unique opportunity to combine these facilities within a mature landscaped setting.

7. CONCLUSIONS AND RECOMMENDATIONS a 7.1 The proposal represents considerable private investment in Murdostoun Estate and could be considered as a means of providing a much needed leisure facility in the form of an 18 hole golf course. This, along with a woodland management scheme, will ensure the enhancement and preservation of much of the quality and existing character of the Estate for future generations. The development package will also provide the possibility of implementing long awaited and much needed improvements at the Bellside junction in the form of a roundabout on the A73. These facilities will be provided at the developers’ expense and will benefit both the local and wider community.

7.2 As with all such developments there is a cost which has to be weighed against the benefits. In this case the cost is the encroachment into the greenbelt by 36 dwellings at Bellside and 110 high quality, low density houses in the mature woodland environment of the core of the Estate. While both housing areas are contrary to current policy the housing proposed at Bellside is likely to have the lesser impact. 7.3 In reaching a decision on this application, the Committee, therefore, has to carefully weigh the positive aspects offered by the proposed development against the present planning policy context as outlined above.

7.4 While approval of this application would represent a departure from current planning policies, it is considered that there are mitigating circumstances both unique to Murdostoun Estate and the wider area. The proposal represents an opportunity to ensure the enhancement, maintenance and preservation of the Estate through a woodland management scheme, to provide a valuable recreational resource and much needed road improvements at Bellside.

7.5 Having given careful consideration to the implications of the proposed development at Murdostoun Estate, and notwithstanding the objections received, it is concluded that planning consent could be granted subject to conditions and a Section 75 Agreement with the applicants in the terms described in paragraph 6.18 above.

7.6 Finally it should be noted that if the Council agree to grant consent, the application will require to be referred to the Secretary of State for Scotland in accordance with the “Development Contrary to Development Plans” procedure. The Secretary of State has the right to call in the a application and determine it following a public local inquiry. The Committee will recall that a similar procedure was followed in respect of Application No. S/96/00049/FUL which related to a 60 - house development at the rear of Tiree Crescent, Newmains, on the opposite side of the A73 from Murdostoun Estate (see attached plan for relationship between the two application sites), The Tiree public inquiry has been held and a decision on that application is awaited from the Secretary of State. Application No. S/97/00344/OUT Date registered 9 June 1997 APPLICANT WISHAW GOLF CLUB, 55 CLELAND ROAD, WISHAW ML2 7PH Agent DEVELOPMENT ERECTION OF GOLF CLUBHOUSE LOCATION 55 CLELAND ROAD, WISHAW

Ward No. 6 Grid Reference 278980-655650

File Reference S/PL/B/4/1/( 103)/DMcF/AB

Site History No significant history

Development Plan Zoned greenbelt on the finalised Wishaw Local Plan Zoned greenbelt on the Consultative Draft Motherwell District Local Plan

Contrary to Development Plan Yes

CONSULTATIONS

Objection NLC Leisure No Objection The Scottish Sports Council, NLC Environmental Services Conditions The Coal Authority, West of Scotland Water No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No response to advertisement of residential element of proposal

COMMENTS Wishaw Golf Club seeks outline consent to build a new clubhouse facility. The new building would provide a shop, bar, changing, toilet and dining facilities with a stewards flat. Whilst outline only, indicative plans have been submitted which indicate a possible 3 storey split level building on sloping ground with a rear entrance at first floor level. NLC Leisure have objected to the proposal because of the proposal’s adverse impact on the site’s existing tree cover. No other objections have been received. I consider that any concerns regarding the detailed design and location of the proposal in relation to the site can be accommodated satisfactorily at the detailed application stage. In principle, the proposal is to be welcomed and will provide upgraded facilities for Wishaw Golf Club. I therefore recommend that outline planning permission be granted subject to the attached conditions. , ,

\\ I .' RECOMMENDATION Grant, subject to the following conditions:-

That the development hereby permitted shall be started, either within three years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.

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

That before development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:-

(a) the siting, design and external appearance of all buildings and other structures;

(b) the means of access to the site;

(c) the layout of the site, including all roads, footways, and parking areas;

(d) the details of, and timetable for, the hard and soft landscaping of the site;

(e) the design and location of all boundary walls and fences;

(f) the provision for loading and unloading of all goods vehicles;

(g) the provision of drainage works, and

(h) the disposal of sewage.

Reason: The approval is in principle only.

That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the prior written consent of the Planning Authority.

Reason: To safeguard the amenity of the area.

Before the submission of any reserved matters application, a detailed tree survey shall be carried out and submitted for prior approval of the Planning Authority.

Reason: To safeguard the amenity of the area.

That not withstanding the terms of condition (2) above the detailed siting of any building or car park on the site shall minimise the loss of trees on the site to the satisfaction of the Planning Authority.

Reason: To safeguard the amenity of the area.

That the occupation of the residential unit incorporated into the development hereby permitted shall be restricted to an employee of Wishaw Golf Club.

Reason: In accordance with approved Green Belt policy. (7) That the existing access to the site shall be fully surfaced along it’s full width for the first 15 m behind the heel of the footway.

Reason: To prevent deleterious material being carried on the road.

(8) That within 2 months of the completion and occupation of the clubhouse hereby permitted, the existing clubhouse building shall be demolished and proposals submitted for the reinstatement of the site.

Reason: To safeguard the amenity of the area.

(9) That within six months of the approval of the terms of condition (8) the approved scheme shall be fully implemented to the satisfaction of the Planning Authority.

Reason: To safeguard the amenity of the area.

(10) That notwithstanding the terms of condition (2) above, right of way number 18 the route of 0 which runs through the application site shall be protected during and after completion of the development hereby permitted to the satisfaction of the Planning Authority.

Reason: In the interests of maintaining a right of way.

List of Background Papers

Application form and plans dated 9/6/97 Finalised Wishaw Local Plan Consultative Draft Motherwell District Local Plan Letter dated 24/6/97 from the Coal Authority Letter dated 23/6/97 from West of Scotland Water Letter dated 2/7/97 from the Scottish Sports Council 0 Memo dated 20/6/97 from NLC Environmental Services Memo dated 4/6/97 from NLC Leisure Memo dated 7/6/97 from NLC Leisure Memo dated 8/7/97 from NLC Leisure Memo dated 3/8/97 from NLC Leisure

Any person wishing to inspect the above background papers should telephone Motherwell 302125 and ask for David McFarlane. Application No. S/97/00351 /MIN Date registered 23 June 1997 APPLICANT ASHLARK LIMITED, OVERTOWN ROAD, NEWMAINS Agent Tom Whitelaw Associates, Whitfield, West Linton EH46 7AX DEVELOPMENT EXTRACTION OF REMAINING STOUPS OF COAL BY OPENCAST MINING METHODS LOCATION OVERTOWN ROAD, NEWMAINS

Ward No. 16 Grid Reference 281734654513

File Reference SPL/l3/3/91(22)/DMcF/JM

Site History Various applications dating from 1964 relating to the establishment of the former Metal Extractions Factory which previously existed on the site. S/96/00240/OUT - Consent granted 16th October 96 for an office block 0 and extension to form a recycling plant for inert materials.

Development Plan Greenbelt on Finalised Wishaw Local Plan Greenbelt on Draft Motherwell District Local Plan

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection West of Scotland Water Transco SEPA Conditions The Coal Authority Scottish Power N.L.C. Leisure No Reply N.L.C. Environmental Services British Telecom

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant proposes to extract coal via open cast methods from this site to enable the ground to be consolidated and thus allow an outstanding consent for a new office block and recycling plant to be implemented. Although the site does not lie within a Development Plan preferred area for mineral extraction the proposal is for a short term Period (only 18 weeks) and will facilitate the already consented office and recycling plant previously approved for this site. There have been

no objections to the proposal and ground stabilisation will enable the final approved scheme to be implemented. I therefore recommend that planning permission be granted subject to appropriate conditions.

RECOMMENDATION Grant,- subject to the following conditions:- 1. That the development hereby permitted shall be commenced within one year from the date of this consent, and the applicant shall give the Planning Authority at least 7 days’ notice of his intention to commence work.

Reason: In order that the Planning Authority might make appropriate arrangements to monitor the operations, and to take account of changing circumstances.

0 2. That all mineral extraction operations shall cease within 7 months from the date of commencement of the development, which date shall be determined by the Planning Authority.

Reason: To accord with the approved method statement and to give the Planning Authority the opportunity to review their position.

Working. Proeramme and Access

3. That no operations or other working shall be carried out on the site except between the hours of 0700 - 2300 Mondays to Fridays, and 0800 - 1500 on Saturdays, excluding public holidays, and there shall be no working on Sundays or public holidays other than for the maintenance of plant and machinery or essential pumping.

Reason: In the interests of amenity.

4. That no coal shall be removed from the site except between the hours of 0700- 2300 Mondays to Fridays, and 0800 - 1500 on Saturdays, excluding public holidays, and no coal shall be removed from the site at any time on any Sunday or public holiday.

Reason: In the interests of amenity.

5. That notwithstanding the generalities of conditions (3) and (4) above no operations or other working shall be carried out within 200 metres of any occupied dwellinghouse except between the hours of 0800 and 2300 Monday to Friday and 0800 and 1500 Saturdays, excluding public holidays, and there shall be no working, or maintenance of plant or machinery or pumping within this area on Sundays or public holidays.

Reason: In the interests of amenity.

6. That no topsoil or subsoil shall be removed from the site at any time, and no refuse, bulk material or coal shall be imported to the site for any purpose at any time without the prior written approval of the Planning Authority. Reason: To minimise vehicle movements and in the interests of sound land management.

7. That only machine work in the bottom of the cuttings hereby permitted will be carried out between 1900 and 2300 Mondays to Fridays with no machine working permitted on the surface of the excavations during these periods .

Reason: In the interests of amenity.

8. That a visibility splay of 9 metres by 225 metres measured from the road channel, shall be provided on both sides of the vehicular access 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 public safety. 0 9. That before the development hereby permitted is started the southern most access to the site shall be used as an exit only and it shall be fully surfaced across it’s width from the wheel wash facility to the A71 indicated BLUE on the approved plan.

Reason: In the interests of public safety and to prevent deleterious material being carried onto the road.

10. That the site’s northern access of the development hereby permitted shall be entrance only to be used during the period of the site’s operation.

Reason: In the interests of public safety.

11. That before the development hereby permitted is started, a scheme of signage designed to enforce the terms of conditions 9 and 10 above, shall be submitted and approved by the Planning Authority and thereafter erected on site to the satisfaction of the Planning Authority.

Reason: In the interests of public safety.

12. That before the development hereby permitted is started a drainage scheme shall be installed at the entrances to the site and thereafter maintained to the satisfaction on the Planning Authority.

Reason: To prevent surface water reaching the public highway.

Soil StriDping and Storage. etc.

13. That the operations and works hereby approved shall be carried out in accordance with the working scheme described in the document submitted by Taylor Dalgleish Associates Ltd,

(Ref C/WINWORD/REPORTS/RDBASHPP) to the satisfaction of the Planning Authority, and no amendments to this working scheme shall be implemented without the prior approval of the said Authority. Reason: In order that the Planning Authority might retain effective control in the interests of amenity and land management.

14. That prior to the commencement of the development hereby permitted a scheme to secure the boundaries of the site shall be implemented to the satisfaction of the Planning Authority.

Reason: In the interests of public safety.

15. That prior to the removal of any coal from the site, wheel cleaning and power washing equipment shall be installed at a location to be agreed to the satisfaction of the Planning Authority, and maintained throughout the duration of the operations.

Reason: To prevent mud or detritus being carried on to the public roads to the detriment of road safety. e 16. That at all times during the carrying out of operations authorised or required by this permission, a water bowser shall be maintained on site for use as required.

Reason: To minimise the emission of dust from the site in the interests of amenity.

17. That all vehicles leaving the site carrying coal shall be fully covered by haps or sheets to the satisfaction of the Planning Authority.

Reason: To minimise dust emissions and to prevent material falling on to the public roads in the interests of amenity and road safety.

18. That at all times the applicant shall employ best practical means of controlling the generation of noise from the site, taking into account the terms of Planning Advice Note 50 Annexe A ‘The Control of Noise at Surface Mineral Workings’ to the satisfaction of the Planning Authority.

Reason: In the interest of amenity.

19. That, notwithstanding the generality of condition (18) above, all precautions shall be taken to minimise noise from vehicles and machinery and in particular all mobile plant shall be fitted with non-continuously audible warning mechanisms.

Reason: In the interests of the amenity of the adjoining residential area.

20. That all static plant shall be effectively silenced, enclosed or screened to the satisfaction of the Planning Authority such that it is inaudible at the boundary of the nearest residential property to the plant.

Reason: In the interests of the amenity of the adjoining residential area.

21. No blasting shall take place on this site. Reason: In the interests of the amenity of nearby residents.

22. That notwithstanding the generality of condition (18) above noise levels from the site shall not exceed the following measurements at any noise sensitive property.

a) 55dB L aeq 1 h between the hours of 0700 and 1900 on weekdays (Monday to Friday inclusive) and 0700 and 1500 on Saturdays.

b) 42dB L aeq 1 h between the hours of 1900 and 2300 on weekdays (Monday to Friday inclusive). Only activities below ground level will be permitted within this period.

c) 70 dB L aeq 1 h between the hours of 0800 and 1900 on weekdays (Monday to Friday inclusive) and 0800 and 1500 on Saturdays for the purpose of soil stripping for a period not exceeding 8 weeks in one year.

(specifically all noise levels are based on a d b L aeq 1 h where 1 h means any one hour period measured during the hours referred to in the above paragraphs (a) (b) & (c).

Reason: In the interests of amenity.

23. That no excavation or associated activities shall take place between 1900 and 0700 the following day Monday to Friday and outwith the hours 0700 and 1500 on Saturdays with no work to take place on a Sunday or public holiday.

Reason: In the interests of amenity.

24. That measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precaution shall be taken to prevent the pollution of ditches, water course and drains within and adjacent to the site to the satisfaction of the Planning Authority and SEPA.

Reason: In the interests of water management and to prevent pollution of natural watercourses.

25. That the settling ponds provided within the site as indicated on the approved plans shall be available for use in advance of any material shifting at the site to the satisfaction of the 0 Planning Authority.

Reason: To prevent pollution of natural water courses.

26. That temporary signs shall be erected around the entire perimeter of the site, during the period of operation, warning the public that deep excavations are taking place and that these signs are both located and thereafter maintained to the satisfaction of the Planning Authority.

Reason: In the interests of public safety. 27. That any refuelling area or fuel tanks which may be required in connection with the opencast operations hereby permitted shall be sited in accordance with the requirements of S.E.P.A. and to the satisfaction of the Planning Authority.

Reason: To ensure adequate precautions are taken to prevent pollution of natural watercourses.

28. That as far as is reasonably practicable, the site shall be restored to its current ground level concurrently with the work of excavation, all to the satisfaction of the Planning Authority.

Reason: To minimise the period of environmental disruption.

29. That within 2 months of the commencement of work on site, a landscaping scheme shall be submitted for the bunds which are to remain after the excavation works are completed and as described in consent no. S/96/00240/OUT, said scheme shall be submitted to, and approved by, the Planning Authority.

Reason: In the interests of amenity.

0 30. That within 6 months of the completion of excavation works on the site, a11 planting, seeding and turfing included in the scheme of landscaping and planting approved under the terms of condition (29) above, shall be completed: any trees, shrubs or areas of grass which die, are removed, damaged or become deceased within 2 years of the completion of planting shall be replaced in the next planting season with other of a similar size and species to the satisfaction of the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

31. That all overburden and soil mounds shall be so constructed and maintained as to minimise dust emissions and any mud or slurry disposal on to any adjoining property or highway to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

32. That any adverse increase in dust levels affecting land or residents in the vicinity due to site operations will cause the operation(s) responsible for the increase to be suspended until such e time as agreed dust measures have been implemented to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

Restoration

33. That within 3 months of cessation of the extraction of material, all settlement ponds not required for the implementation of consent no. S/96/00240/OUT shall be emptied of slurry, filled with dry inert material and restored to the satisfaction of the Planning Authority.

Reason: In the interests of effective land management. 34. That the restoration of the site shall be carried out in accordance with the document submitted by Taylor Dalgleish Associates Ltd (Ref C/WINWORD/REPORTS/RDBASHPP) hereby approved, to the satisfaction of the Planning Authority.

Reason: In the interests of proper land management.

35. That, as far as is reasonably practicable, restoration of the site shall be carried out progressively in accordance with the approved details to the satisfaction of the Planning Authority.

Reason: To minimise the period of environmental disruption.

36. That notwithstanding the generalities of conditions (33) and (34) above, the restoration of the areas required for the implementation of structures as approved under the terms of condition S/96/00240/OUT, shall include the replacement of overburden in layers not exceeding 500 mm in thickness which are subsequently compacted to a standard which will allow building works to commence within 6 months of the completion of these works.

Reason: To secure satisfactory reinstatement.

37. That notwithstanding the stated intention of the applicant to restore the site to a condition which would enable the implementation of consent no. S/96/00240/OUT, if this intention changes within one year of the completion of the development hereby permitted, a scheme of restoration to forestry, grass and hedgerows shall be submitted and approved by the Planning Authority.

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

38. That within two years of the development hereby permitted being completed, the site shall be restored to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

0 NOTE TO COMMITTEE

If granted, the planning consent should not be issued until a bond of caution is submitted in respect of site restoration.

List of Background Papers

Application form and plans dated 23/6/97 Finalised Wishaw Local Plan Consultative Draft Motherwell District Local Plan Letter dated 10/7/97 from The Coal Authority Letter dated 14/7/97 from Scottish Power Letter dated 17/7/97 from West of Scotland Water Letter dated 18/7/97 from NLC Leisure Letter dated 8/7/97 from NLC Environmental Services Memo dated 23/7/97 from NLC Environmental Services Letter dated 8/8/97 from British Telecom Letter dated 9/7/97 from Transco Memo dated 10/9/97 from NLC Environmental Services

Any person wishing to inspect the above background papers should telephone Motherwell 302125 and ask for Mr McFarlane. 1Application No. S/97/00354/FUL Date registered 13 June 1997 APPLICANT MR J. FINDLAY. REDHOUSE FARM. BLACKBURN, Agent Mr J. Polland. 24 Hardhill Road, Bathgate DEVELOPMENT CONSTRUCTION OF FARMHOUSE LOCATION CAIRNEYHEAD FARM. SHOTTS

Ward No. 17 Grid Reference 289100660000

File Reference S/PL/B/ 17/53(258)/CLWJM

Site History Planning permission granted for one farmhouse on July ‘92 (Ref 159/92 Outline) This permission has now lapsed.

Development Plan Rural Area - Shotts Local Plan - Draft Motherwell District Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental Services British Coal West of Scotland Water SEPA Conditions No Reply

0 REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The proposed dnelling is required as a fanidiouse at Cairneyhead and is in accordance with the local plan policj. for the area. This is almost identical to an application which was granted in 1992 but which has now expired. I have no objections to the principle or the detail of this proposal and recommend that planning pennission is granted subject to the attached conditions and subject to the applicant concluding a Section 75 legal agreement. This will ensure that the house is only used as a farmhouse and that the farmland is not sub-divided at any time in the fiiture. Further details can be found within the attached report. Reproduced from Ordnance Survey with the PLANNING APPLICATION NO. S / 97 / 00354 / FUL permission of the controller of Her CONSTRUCTION OF FARMHOUSE ales sty's stationery office Crown Copyright. Unauthori~edreCrDduction lnfrlnges Crown copyright and may lead to prosecution or civil proceedings CAIRNEYHEAD FARM, TORBOTHIE ROAD. 3 North LanarKsnire 17/09/97 Council SHOTTS. L~cencenumber LA09011L RECOMMENDATION

Grant, 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 Tom and Count? Plaiuiing (Scotland) Act 1997.

That the occupation of the dwelling house hereb!. pemiitted shall be limited to a person employed full time in agriculture. as defined in Section 277 of the Town and Country Planning (Scotland) Act 1097. on the agricultural holding formed b!. the land outlined in RED on the approved pans, or a dependant person. residing n-ith hidier. or the widon./widoner of such a person.

Reason: In accordance with the relevant approved Rural Area polic!,

(3) That the land which constitutes the agricultural holding associated with the dwllinghouse hereb!. approved. as outlined in RED on the approved plans. shall not be sub-divided and shall not be separated from tlie approved house b!. lease. sale or an!' other means.

Reason: So that the house remains associated with the agricultural holding in accordance with tlie approved rural area polic!..

(4) That before development starts. full details of thc design and location of all fences and walls to be erected on the site shall be submitted to. and approved b!.. the Planning Authority.

Reason: These details have not been submitted.

That before the dwellinghouse IS occupied all of the fences approved under the ternis of condition no (4) above shall be erected.

Reason: To safeguard the amenit!. of fiiture residents.

That before development starts. samples of the facing materials to be used on all external n7alls and roofs shall be submitted to. and approved b!.. the Planning Authorit!.. and that. for the avoidance of doubt. the roof tile shall be of a dark colour

Reason: These details have not been submitted and to ensure that the proposed house is properly integrated into its surroundings.

(7) That before development starts. a scheme of landscaping shall be submitted to. and approved by. the Planning Authorit!. and it shall include:-

(a) details of any earth moulding and hard landscaping. grass seeding and turfing;

(b) a scheme of tree and shntb planting. incorporating details of the number. variet!, and size of trees and shrubs to be planted: (c) an indication of all existing trees and hedgerows. plus details of those to be retained, and measures for their protection in the course of development. and

(d) details of the phasing of these works

(e) details of a full tree survey to be carried out by appropriatel!. qualified arborocultural experts on the trees along the frontage of the site and details of all necessa? tree surge9 works.

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

(8) That no trees within the application site shall be lopped. topped. felled. or othenvise affected. nithout the prior written consent of tlie Planning Authorit!,

Reason To safeguard the amenit! of the area.

(9) That prior to the occupation of the house. all works approved under the ternis of condition no (7) above sliall be completed. and an!. trees shrubs or areas of grass which die. are removed. damaged. or become diseased within 5 \.ears of tlie completion of the development shall be referred in the nest planting season with other of a similar size and species.

Reason: In the interests of amenit!..

( 10) That xliilst all construction works are being carried out on site. the trees along the frontage of tlie site shall be protected b!. chesspnil fencing. to be erected in a location to be agreed in advance b!. the Planning Authorit!-.

Reason: To protect the health of the trees in the interests of the amenity of the area.

(I 1) That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith tlie public road or footnq..

Reason: To ensure the provision of adequate parking facilities nithin the site. 0 (12) That before the dwellinghouse- hereby_. permitted is occupied a turning facility shall be provided within tlie curtilage of the site to allow vehicles to enter and leave the site in fontlard gear.

Reason: In the interests of public safet!.

(I 3) That before any works coiimence on site. details of a scheme for the provision of a passing place on Torbothie Road. shall be submitted to the Planning Authority for its prior approval and it shall be implemented in fiill before the house is occupied.

Reason: To ensure satisfacton. \.ehicular access facilities to the house

NOTES TO COMMITTEE

I, The applicant has agreed to enter into an agreement in temis of Section 75 of the Town and Countn Planning (Scotland) Act 1997 to ensure that the house is occupied b!. a person in fiill time work on the agricultural unit and to ensure that the unit is not subdivided or separated in any \\-a!. from the house. List of Background Papers

Application form and accompanying plans Letter dated 14th August 1997 Report from Scottish Agricultural College dated 13th August 1997 Adopted Shotts Local Plan Draft Mothenvell Local Plan Letter from West of Scotland Water dated 24th June 1997 Letter from the Coal Authority dated 30th June 1997 Memorandum from Director of Enviroimental Services dated 4th July I997

An!. person wishing to inspect the above background papers should telephone Mothenvell 302 102 and ask for Mr Kellock. REPORT

APP LIC AT1 ON No. S/9710 0 3 5 4/FUL

1. DESCRIPTION OF PROPOSAL AND BACKGROUND

1.1 In 1992, outline planning pennission was granted for a single farmhouse to serve the lands of Cainieyhead Fann. This pennission has now lapsed and the same applicant has now submitted a detailed application, again for a farnzhouse the same site.

1.2 Cairne!.head Farm extends to about 89 hectares (220 acres) and lies to the east of the Torbothie area of Shotts.

1.3 The house plot is located adjacent to old fann buildings which are now in a dilapedated state. There are se\.eral mature trees along the frontage of Torbothie Road. The proposed house is 1% e store!.s in height.

2. CONSULTATIONS

2.1 The proposal is acceptable in principle to the Coal Authority. ‘SEPA’. West of Scotland Water and NLC Environmental Senices.

2.2 There 1iar.e been no letters of ob.jectlon arising from the neighbour notification procedure or from the proposal being adlwtised in the local press.

3. DEVELOPMENT PLAN POLICY

3.1 The site is covered b!, ‘Rural Area’ policies in both the Adopted Shotts Local Plan and the Draft Mothem ell District Local Plan Both policies state that nen houses n 111 only be acceptable in this area n here there is agricultural Justification

PLANNING ASSESSMENT

4.1 In order to demonstrate an agricultural justification for the proposal. the applicant has conunissioned the Scottish Agricultural College to carq’ out a ‘Labour Requirement’ study of Caini\.head Fann. Its conclusion is that the size and nature of the fanii would justifq having at least one person working and living on the fann. As such. I am satisfied that the proposed house is acceptable in principle. It is nonnal practice for planning perniission for fann houses to be subject to suitable planning conditions and a Section 75 legal agreement which will ensure that the house is onl!. occupied b!. an agricultural worker and that the farm is not sub-divided at any time in the fimre. The applicant has no ob-jections to such controls being put in place.

4.2 In other respects the proposal is considered acceptable. Torbothie Road is quite narrow at this point but mill be the subject of iinprovements. including the creation of a suitable passing place which iI-ould be constructed b!, the applicant. The proposed house is considered to be of an acceptable st\k and design. 5. CONCLUSION

5.1 Subject to appropriate conditions and to the applicant concluding a Section 75 legal agreement, I have no objection to this proposal. Application No. S/97/00414/OUT Date registered 3 July 1997 APPLICANT MR J CAMPBELL, TINT0 VIEW, HORSLEYHEAD, OVERTOWN Agent DEVELOPMENT DEVELOPMENT OF TWO HOUSE PLOTS LOCATION FORMER BLAIR’S ORCHARD, HORSLEYHEAD, OVERTOWN

Ward No. 15 Grid Reference 280000252160

File Reference SiPL/B/2/45 (49)/LB/AB

Site History

Development Plan Greenbelt on the Finalised Wishaw Local Plan

0 Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection British Gas, NLC Environmental Services, British Telecom, Scottish Power Conditions West of Scotland Water, The Coal Authority No Reply SEPA

REPRESENTATIONS

Neighbours 2 letters of objection Newspaper Advertisement No Response

0 COMMENTS This application seeks consent to form two house plots on Iand to the south east of the small community at Horsleyhead. This area has been the subject of a series of applications which have been granted for new dwellinghouses over a ten year period. The current proposal will not extend the built up area any further east into the valley of the Garrion Bum. Objections have been received from two neighbouring landowners and these are detailed along with my comments in the accompanying report.

RECOMMENDATION Grant, subject to the following conditions:-

(1) That before development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:-

(a) the siting, design and external appearance of all buildings and other structures;

(b) the means of access to the site;

(c) the layout of the site, including all roads, footways, and parking areas;

(d) the design and location of all boundary walls and fences;

(e) the disposal of sewage.

Reason: The approval is in principle only.

(2) That the total number of dwellinghouses within the site shall be not more than 2.

Reason: In the interests of the proper planning of the area.

(3) That the development hereby permitted shall be started, either within five years of the dated of this permission, or within two years of the date on which the last of the reserved matters are 0 approved, whichever is the later.

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

(4) That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (3) above, shall be made to the Planning Authority.

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

(5) That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the prior written consent of the Planning Authority.

Reason: To safeguard the amenity of the area.

(6) That notwithstanding the generality of condition (1) above the dwellinghouses hereby permitted shall be single storey in height.

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

Notes to Committee

(1) If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with The Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

List of Background Papers Application forms and plans Finalised Wishaw Local Plan Letter dated 9/7/97 received from British Gas Transco Letter dated 10/7/97 received from The Coal Authority Memos dated 8/7/97 and 16/7/97 received from NLC Environmental Services Letter dated 24/7/97 received from West of Scotland Water Letter dated 1/8/97 received from British Telecom Letter dated 14/7/97 received from Scottish Power Letter dated 14/7/97 received from Mr W M Stewart, Upper Callander Cottage, Overtown Letter dated 28/7/97 received from Mr D W Stewart, Upper Callander Cottage, Overtown

Any person wishing to inspect the above background papers should telephone Motherwell 302127 and ask for L Bowden. PLANNING APPLICATION NO. S/97/00414/OUT

REPORT

1. THE SITE AND PROPOSAL

1.1 This application seeks outline consent to erect two dwellinghouses in the rear garden ground of the applicants existing house at Horsleyhead, Overtown.

1.2 The application site covers an area of 0.29 hectares. The site is bounded on the north by the rear garden ground of the new houses at Blair’s Cottage and Tinto View. To the west and south are dwellinghouses and to the east the land slopes down to the Garrion Bum. 6 1.3 The site is to be accessed by a new road to be formed onto the existing access from the A71 which is known as the Old County Road.

2. CONSULTATIONS

2.1 British Telecom, NLC Environmental Services, Scottish Power and British Gas Transco have no objections to the proposal.

2.2 West of Scotland Water has stated that a water supply can be made available for the development and that there are no public sewers in the vicinity.

2.3 The Coal Authority has stated that the site is within the likely zone of influence from workings in nine seams of coal at approximately 40 m to 620 m depth, the last date of working being 1968. s 2.4 No reply has been received from SEPA. 3. OBJECTIONS

3.1 Two letters of objection have been received from adjoining landowners. The reasons for their objection can be fairly summarised as follows:-

(i) The existing access road is totally unsuitable to cope with the increase in traffic which will result from this development and there will be an increased risk of accidents.

(ii) The proposed development will result in a reduction in the privacy enjoyed by existing residents.

(iii) The site is in the Greenbelt and any new residential development should have an agricultural justification.

(iv) The site is within a Site of Special Scientific Interest (SSSI). 4. OBSERVATIONS

4.1 The application site lies outwith the SSSI which is centred on the Garrion Bum. It is also just outwith the designated Area of Great Landscape Value which runs along the Clyde Valley.

4.2 The issue of traffic generation has been raised by both of the objectors. Whilst it is likely that the proposed development will increase the number of vehicles using the access road at Horsleybrae, the nature of the road is such that they are not likely to be travelling at speed. Some of the objectors’ concerns seem to relate to fears that the development will not be accessed as shown on the application plan but that the access on the southern side of the site will be used. This would be contrary to the terms of this application, however, because the objectors own this access they are also in a position to prevent its use by legal means.

4.3 I do not consider it likely that two additional houses will have an adverse impact upon residents privacy and, if consent were to be granted, then the orientation of the houses and 2 window positions can be controlled when a detailed planning application is submitted for approval.

4.4 There have been planning consents granted for seven new dwellinghouse in the Horsleyhead area over the last ten years. The circumstances of this application are no different from any of these previous applications. This is an area of established smallholdings none of which on their own are viable agricultural units. Over recent years the nature of the area has altered as this area becomes more residential in character. Given the location of the proposed houses is within the established grouping of houses I do not consider that the development raises strategic greenbelt issues. Consequently, in this location, it would be appropriate to allow for a degree of flexibility, and so accommodate limited new development where it occurs within or around existing houses. I recommend, therefore, that planning permission for this development be granted. Application No. S/97/0042 UFUL Date registered 2 July 1997 APPLICANT MR JOHN McKENNA C/O 32 MAIN STREET,BELLSHILL Agent Alistair MacFarlane RIBA, 84 Buchanan Drive, Cambuslang, Glasgow DEVELOPMENT CHANGE OF USE FROM CHEMISTS SHOP TO SANDWICWSNACK BAR LOCATION 232 MAIN STREET, BELLSHILL

Ward No. 30 Grid Reference NS 273388 660253

File Reference S/PL/B/7/77(202)/GL/JM

Site History No significant history 6 Development Plan Mixed Use Area Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental Services Conditions No Reply

REPRESENTATIONS

Neighbours 2 Objections Newspaper Advertisement 2 Objections

COMMENTS The application site is a former chemists shop at Main Street, Bellshill and it is proposed to convert it to a sandwichhack bar with a sit in facility. There have been a number of objections on trade grounds, relating the current state of the property and traffic grounds. These objections are either not valid planning matters or are not substantiated by my considerations. Full details of these ob-jections are contained in my report and it is my recommendation that planning consent is granted.

RECOMMENDATION

Grant, subject to the following conditions:- Bellshill Station ______-__------

Reproduced from Ordnance Survey with the PLANNING APPLICATION NO. S / 97 / 00421 / FIJL perml~elonof the Controller Of H M 5 0 crown COPyPlght Reserved CHANGE OF USE FROM SHOP TO Licence NO 09041 L SANDWICH / SNACKBAR. hI Date North LanaP&Shire CDUnCll 232 MAIN STREET. BELLSHILL. 303 mandon street, ~otneruell MLl 1RS 17/09/97 (oi6ga1 251321 LOCATION OF OBJECTOR 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 Countn Planning (Scotland) Act 1997.

That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Countn Planning (General Permitted Development) (Scotland) Order 1992, no alterations. including the installation of a ventilation flue,shall be made to the esternal appearance of the building without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control. -- That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts. or projecting signs, shall be erected on the premises without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authorit:. to retain effective control.

List of Background Papers

Application form and plans received 011 2/7/97 Bellshill and Mossend Local Plan NLC Environmental Services Letter of ob.jection from Sondh Associates on behalf of 224-226 Main Street, Bellshill dated 4/7/97 Letter of ob.jection from The Georgian Restaurant. Main Street, Bellshill Letter of ob.jection from J. Campbell Flat 2/1 230B Main Street. Bellshill dated 14/7/97 6 Letter of objection from Cafe T. 2 10 Main Street. Bellshill dated 15/8/97 An\,person wishing to inspect the above background papers should telephone Mothen~el3 02 04 and ask for Mr Laing. REPORT

APPLICATION No. S/97/0042 l/FUL

1. APPLICATION SITE AND PROPOSAL

1.1 The application site is a ground floor shop unit in a tenement property on Main Street. Bellshill. To the rear of the site are premises operated by Universal Doors and Windows. to the west is an access close and the Post Office and to the east is another shop. occupied by a jeweller. The upper part of the premises is residential flats.

1.2 The applicant proposes to convert the premises to a sandwichhack bar incorporating a servery, food preparation area and seating area. The t!pe of food on offer and the method of preparation will not require an external ventilation flue to be installed.

2. OBJECTIONS

2.1 There have been 4 ob-jections on a number of grounds and m!' comments on them are as follows.

(1) There is an over provision of facilities of this t\.pe in Bellshill Town Centre.

Comment: This objection has been stated b!. representatives of existing restaurants/cafes or in one case. an ob-lector with consent to redevelop the Post Office and provide a sandwichhack bar in the new development. As such these are trade objections and are not a \did consideration on ~hicha proposal may be refused permission

(ii) The toilet serving the propert!. is external and that an external store may be unsafe.

Comment: The provision of toilet facilities and the safet!. of buildings are building control matters currentl!- under investigation and not directl!. related to planning considerations on the use of the premises.

(iii) This proposal could cause a traffic hazard due to on street parking.

Comment: There are public car parks around Bellshill town centre and there are parking restrictions on this part of Main Street. which do not permit on street parking; as such this proposal should not lead to any on street parking.

(i],) The co-owners of the building would not allow the installation of a flue

Comment: A flue will not be required for this proposal

3. PLANNING CONSIDERATIONS AND RECOMMENDATIONS

3.1 There have been no objections to this proposal from consultees and the ob-iections from neighbours are not valid planning considerations or do not provide sufficient grounds for refusal of consent. In particular. trade ob-jections, 011 the basis of increased competition, are not valid reasons for refusal under the provisions of the planning acts. 3.2 The proposed use of the premises is compatible with the zoning of the site and its main street location and there are no proposed external alterations to the premises. The proposed opening hours of the premises would be between 9 am and 6 pm and would appear to be aimed at attracting shoppers using the town centre as opposed to being a hot food take away: although both uses fall within the same use class. and would be unlikely to attract additional traffic to an already busy area.

3.3 Following due consideration of all the matters raised in relation to this application, it is my opinion that there are insufficient grounds to support refusal of this proposal and recommend that consent is granted. Application No. S/97/00447/OUT Date registered 14 July 1997 APPLICANT MRS KENNEDY PER P.H. LUMSDEN, 462 WINDMILLHILL STREET, MOTHERWELL Agent Ian Keachie, 72 North Orchard Street, Motherwell DEVELOPMENT PROPOSED HOUSING DEVELOPMENT LOCATION 2-4 CALDERBANK TERRACE, MOTHERWELL

Ward No. 2 Grid Reference 275790657540

File Reference S/PL/B/13/1(142)/GMcK/JM

Site History Planning permission granted for alterations to outhouse to form dwelling October 1995 (Appl. No. 95/00593/FUL).

Development Plan Residential (Consultative Draft) Motherwell District Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions British Gas S.E.P.A. Scottish Power West of Scotland Water The Coal Authority British Telecom No Reply

REPRESENTATIONS

Neighbours One letter of objection and two letters of representation Newspaper Advertisement Not Required

COMMENTS This application seeks outline planning consent to create three house plots at 2-4 Calderbank Terrace, Motherwell. One letter of objection and two letters of representation have been received and are detailed in my accompanying report. After consultation no other objections were received. In principle, the site is capable of meeting each of the planning requirements regarding garden ground, access, parking and manoeuvring. I therefore recommend that planning consent is granted.

RECOMMENDATION

(a) details of the number of mature trees;

(b) details of their species;

(c) details of the accurate position of the crown of these trees.

Reason: To safeguard the amenity of the area.

That before development starts, details of a scheme for the retention or replacement of the wall marked BLUE on the approved plans shall be submitted to, and approved by the Planning Authority.

Reason: To safeguard the amenity of the area.

That the total number of dwellinghouses within the site shall be not more than three.

Reason: To enable the Planning Authority to retain control over future development on the site in the interests of residential amenity.

That the dwellinghouses shall be not more than two storeys in height.

Reason: To safeguard the amenity of the area.

List of Background Papers

Application form and accompanying plans dated 14/7/97 (Consultative Draft) Motherwell District Local Plan Letter from British Gas dated 29/7/97 Letter from SEPA dated 30/7/97 Letter from Scottish Power dated 30/7/97 Letter from West of Scotland Water dated 1/8/97 Letter from The Coal Authority dated 1/8/97 Letter from West of Scotland Water dated 4/8/97 Letter from British Telecom dated 7/8/97 Letter dated 23/7/97 from Mr F Rodgers, 2A Calderbank Terrace, Motherwell Letter dated 24/7/97 from M. Stapleton, 23 South Calder, Motherwell Letter dated 28/7/97 from Freelands Solicitors on behalf of Mr and Mrs G Hunter, 19 South Calder, North Street, Motherwell

Any person wishing to inspect the above background papers should telephone Motherwell 302139 and ask for Miss Gwen McKillop. REPORT

APPLICATION No. S/97/00447/OUT

1. SITE AND PROPOSAL

1.1 The application site is located at the end of Calderbank Terrace and is accessed via Merry Street. The site is bounded by residential properties to the north and west, by Merry Street to the south and by the to the east.

1.2 This application seeks outline planning permission to create three house plots. The plots would be accessed via a 5.5 metre wide access road adjacent to the boundary of 2A Calderbank Terrace, and in line with the position of the existing driveway.

1.3 The site presently contains a two storey property and the outbuildings to the rear of the site which will be demolished. The two storey property is made up of two flats and is derelict. The outbuildings are also disused, although planning permission has been granted for alterations to e form a dwellinghouse.

2. CONSULTATIONS

2.1 None of the consultees had any objections to the proposal, subject to conditions being imposed.

3. REPRESENTATIONS

3.1 Two letters of representation and one letter of objection have been received in relation to this application. The objectors concerns can be summarised as follows:-

Calderbank Terrace would be unable to cope with the heavy traffic generated by the demolition of the two storey property and outbuildings. Furthermore, the entrance to the site is too narrow.

There are several trees located within the application site that overhang the western boundary. The trees are adjacent to the gable end of 2A Calderbank Terrace and are in need of attention.

The proposed house plot to the south of the site would be outside the building line of the other properties on Calderbank Terrace.

The wall which forms the dividing boundary between the site and the flats to the north of the site should be retained or replaced.

No windows should overlook the flats to the north of the site. 4. OBSERVATIONS AND CONCLUSION

4.1 Calderbank Terrace is a private road. It’s maintenance and upkeep, is therefore a matter for the residents of Calderbank Terrace. While the objector’s concerns relating to heavy traffic use of the private access road during development of the site are noted, this matter is essentially a non planning issue and it would be for the developer to make suitable arrangements for any subsequent repair and maintenance to the road.

4.2 The proposed development would create three new house plots. The application site however, already has, consent for three dwellings. It is therefore considered that the proposal would not generate any further additional traffic.

4.3 There are a number of mature trees within the site which should be protected as their loss would detract from the quality of the amenity of the area. It is therefore considered that if e planning consent is granted this should be subject to conditions that safeguard the trees. 4.4 With regard, however, to the objector’s concern that the trees adjacent to the gable end of his property are in need of attention. While this issue is a private matter that should be raised direct with the developer of the site, I will require the submission of a detailed tree survey prior to any building site works which should identify any trees that are in need of urgent attention.

4.5 The proposed house plot to the south of the site would be outside the building line of other properties on Calderbank Terrace. The application site, is however, at the end of the terrace and if developed would visually close off the street which in terms of urban design would be satisfactory.

4.6 With regard to the northern boundary wall of the site, two letters of representation have been received advocating its retention or, if that was not possible, its replacement with a screen fence. The outbuildings form part of the boundary of this wall and would be demolished as part of this application. To safeguard the privacy and amenity of this residential area the retention of the wall or, if required it’s replacement with a fence, would be upheld as part of the conditions of consent.

4.7 With regard to point (e) of the objector’s concerns. This is an outline application and the orientation of the dwellings would be a matter to be examined after the submission of a detailed planning application.

4.8 It is considered that in principle the site is capable of meeting normal development control requirements regarding garden ground, access, parking and manoeuvring. I therefore recommend that planning permission is granted. Application No. S/97/0045 I/AMEND Date registered 15 July 1997 APPLICANT CLUB TAXIS LTD. 7A MAIN STREET. HOLYTOWN MLI 4TA Agent DEVELOPMENT USE OF PREMISES AS TAXI RADIO BASE (RENEWAL OF TEMPORARY PERMISSION) LOCATION 7A MAIN STREET. HOLYTOWN

Ward No. 27 Grid Reference 276120 669430

File Reference S/PL/B/j/l7( 1 17)ICLWJM

Site History Temporan planning permission granted in 1994 for taxi radio base (ref no. S/95/005 I I/FUL).

0 Development Plan Mixed Use - Northern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Stratliclj.de Police Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS Temporan plaiuiing permission for this use was granted in 1995. and the operator is now app1Jing for a permanent consent.

Over the 2 years in operation. the taxi base has been run without any apparent problems. and there have been no letters of objection.

I therefore recoilmend that planning perniissioii is granted without the previous restriction on timescale. Further details of this proposal, including those relating to the means of access. are included within the attached report.

RECOMMENDATION

Grant. sub.ject to the following condition:-

(I) That IT ithiii 3 months of tlie date of this peniiission. the surface of the access lane betneen no 7 Main Street and the Whitehouse Pub shall be iiiiproved and resurfaced for tlie first 5 metres back from tlie footway to a standard to be agreed in advance b\. the Planning Authority

Reason: In the interests of road safety

List of Background Papers

Application fonii and acconipan!ing plans 0 Planning peniiission ref no. S/95/005 11/FUL Letter from applicant dated 11/9/97 Adopted Northern Area Local Plan Letter from Stratlicl>.dePolice dated 24/7/97

An! person nisliiiig to inspect tlie abo1.e background papers should telephone Motherwell 302 102 and ask for Mr Kellock REPORT

APPLICATION No. S/97/0045 I/AMEND

1. BACKGROUND

1.1 In 1995. Club Taxis Ltd made a planning application to use an office building at 7A Main Street Holl-town as a taxi radio base. Whilst planning permission was granted. concerns regarding vehicular access (which was to be taken from the lane adjacent to no. I Main Street) meant that this permission was onl!. for a temporan. period to allow the impact of the use to be fully assessed.

1.2 The premises have now been in operation as a taxi base for 2 years and this application aims to establish the use on a pernianent basis.

2. DESCFUPTION OF PROPOSAL

2. I This proposal is almost identical to that granted in 1995 with one important exception. Whilst the prelious planning permission allowed for access via the lane adjacent to no. I Main Street, the current proposal is for access from the point between the Whitehouse Pub and no. 7 Main Street. Indeed. the taxi operator has been using this access for some time as it was not practical to take an!. vehicular traffic from the lane at no. I Main Street as it involved taking taxis through the !,ard of a car repair garage

3. PLANNING ASSESSMENT

3 1 There have been no letters of objection to this proposal. either as part of this application process (which has included an advert being placed in the local newspaper) or from people objecting to the da!. to da!. ninning of the business over the last two years

3.2 In terms of the new means of access. I do have some concerns due to its location near the traffic lights at Main Street/Stevenston Street. the standard of visibilit). from the access lane onto Main Street. and the poor condition of the surface of the access lane. However, the applicant has offered to resurface the access lane and on balance I consider that the means of access (which has been in operation without an?. apparent problems for two years) is not of such a standard which would merit refusing this application.

3.3 Accordingly. I recommend that planning permission is granted sub-ject to a condition requiring the upgrade and resurfacing of the access lane. Application No. S/97/00455/FUL Date registered 5 August 1997 APPLICANT COLIN DONALDSON, GOWKHALL FARM, NEWARTHILL Agent Alistair McFarlane, 84 Buchanan Drive, Cambuslang G72 8BA DEVELOPMENT CHANGE OF USE AND SUB-DIVISION OF BARN TO TWO D WELLINGHOUSES LOCATION GOWKHALL FARM, NEWARTHILL

Ward No. 29 Grid Reference 278811659577

File Reference

Site History Ref No. 98/86 - Change of Use of Barn to House - Granted April 1986

Development Plan Greenbelt - Northern Area Local Plan 0 Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental Services, West of Scotland Water Authority Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

0 COMMENTS The applicant wishes to alter and convert a disused barn into 2 dwellinghouses. Gowkhall Farm is no longer in operation as a farm, and one other barn has been the subject of a similar development in 1986. The area is zoned as Greenbelt, but this proposal does not conflict with the terms of that policy. The means of access to the farm does not meet all of the normal standards in that it would have to accommodate 5 houses from a shared, unadopted access lane. However, the point of access onto Mosshall Street is considered safe and on balance I do not see the sub-standard nature of the access lane to be a sufficient reason to refuse planning permission.

RECOMMENDATION

Grant, 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 development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority

Reason: These details have not been submitted.

List of Background Papers

Application form and accompanying plans. Adopted Northern Area Local Plan. Draft Motherwell District Local Plan. Letter from West of Scotland Water Authority dated 29/8/97 Memorandum from Director of Environmental Services dated 27/8/97

Any person wishing to inspect the above background papers should telephone Motherwell 3021 02 and ask for Mr Kellock. Application No. S/97/00456/FUL Date registered 24 July 1997 APPLICANT C MOLINARO C/O EXPRESS PLANS, 25 LOCH PARK AVENUE, CARLUKE Agent Express Plans, 25 Loch Park Avenue, Carluke ML8 5AS DEVELOPMENT ALTERATIONS TO HOT FOOD TAKEAWAY LOCATION 71/71A STEWARTON STREET, WISHAW

Ward No. 7 Grid Reference 279840 654880

File Reference S/PL/B/10/26(287)/GMcK/AB

Site History Planning permission granted for a change of use from plumbers and gasfitters business to fish and chip shop, September, 1969 (App No. 3223) Planning permission granted for change of use and alterations from plumbers workshop to coffee and snack bar, May 1970 (App No. 3304) Planning permission granted for erection of illuminated fascia sign, May 1970 (App No. A899) Planning permission granted for amended frontage to shop, October 1970 (App No. 3391) Planning permission granted for alterations and extensions to shop premises to form restaurant, September 1978 (App No. 219/78) Planning permission granted for extension to shop, October 1986 (App No. 305/86)

Development Plan Town Centre Area, (Written Statement) Wishaw Local Plan

Contrary to Development Plan No

No Objection Conditions West of Scotland Water (Water and Sewerage) No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application seeks planning permission for alterations to hot food takeaway at 71/71A Stewarton Street, Wishaw. The applicant proposes to demolish the flat roof side extension and to replace it with a pitched roof extension in line with that of the main shop roof. Internally, the takeaway sales and food preparation area would be extended and a new

shop unit/office would be formed in place of the restaurant area and toilets. The new shop unitloffice will be subject to a separate planning application. No objections have been received in relation to this application. The new extension would be finished in materials to match the existing shop which together with the extended pitched roof, would form a cohesive unit. I have no objections to this proposal and recommended that planning permission is granted.

RECOMMENDATION Grant, 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 facing materials to be used for the external walls and roof shall complement in colour and texture those of the existing adjoining shop unit to the satisfaction of the Planning Authority.

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

List of Background Papers

Application form and accompanying plans dated 24/7/97 (Written Statement) Wishaw Local Plan Letter from West of Scotland Water dated 13/8/97 Memo from Environmental Services dated 21/8/97 Memo from Head of Protective Services dated 26/8/97

Any person wishing to inspect the above background papers should telephone Motherwell 302139 and ask for Gwen McKillop. Application No. S197100465/FUL Date registered 22 July 1997 APPLICANT PATRICK JOSEPH LEE, 22 MORNINGSIDE DRIVE, LAW, CARLUKE ML8 5LD Agent DEVELOPMENT CHANGE OF USE OF OFFICE TO TAXI RADIO BASE LOCATION 44 HILL STREET, WISHAW

Ward No. 8 Grid Reference 279499-655122

File Reference S/PLiB/10/33lJLlAB

Site History July 1991 - Consent was granted for change of use to form workshop and offices April 1992 - Refused permission for alterations to form additional office space and erection of workshop. November 1993 - Unsuccessful appeal against Enforcement Notice requiring demolition of unauthorised extension to workshop and office space. November 1993 - Approval of first floor storage use ancillary to existing workshop or office in building. December 1996 - Refused permission for change of use of store to office and industrial unit to storeroom and use of portacabin as canteenlrest room.

Development Plan Zoned Area of Mixed Land Use on Finalised Wishaw Local Plan and Area of no change on (Consultative Draft) District Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental Services Conditions Strathclyde Police No Reply

REPRESENTATIONS

Neighbours 4 letters of objection including one letter signed by 5 residents of the tenemental flats adjoining the site. Newspaper Advertisement 2 letters of objection

COMMENTS The applicant seeks consent for the change of use of an existing vacant office on the first floor of a former builders store to a taxi radio base operating office. The site is accessed by a communal pend from Hill Street. At present the premises have planning consent which allows

workshops and hairdressers shop (ground floor) with office and ancillary storage use (first floor). There are no restrictions on the hairdressers, workshop and office uses in terms of operational hours, nor indeed, types of operator within the relevant use class. The first floor storage facility is however, restricted to an ancillary storage use for one or more of the tenants. Six letters of objection have been received, 4 from notified neighbours including a letter of petition signed by 5 residents and two letters as a result of a local newspaper advertisement. The objections are based on a number of issues, namely, overdevelopment of the site, previous failure to comply with enforcement orders/planning consents, problems with access to the site, increased traffic. The neighbouring proprietors are also concerned about the taxi office being open for 24 hours, drivers visiting the base at all hours, customers visiting the site for hires, taxis parking near base, noise from diesel engines, security problems due to increased use of pend close. Although the applicant has submitted a letter refuting some of the above claims, I consider that, given the history of the site, and the nature of the proposal, planning consent should be refused on the grounds that it is an unsuitable backland development.

RECOMMENDATION Refuse, on the following grounds:-

(1) That the proposal would result in overdevelopment of the site with a corresponding detrimental effect on the residential amenity of the area in that it would generate an unacceptable level of activity and disturbance immediately adjacent to residential property.

(2) The proposal will intensify the use of an access which, via a pend, serves a number of properties in the locality and is substandard in terms of its width and geometry.

(3) The site has insufficient room and space to accommodate the parking and manoeuvring of additional vehicles associated with an expansion in the use of the premises.

List of Background Papers

Application and plans dated 22/7/97 Letter dated 18/8/97 Finalised Wishaw Local Plan and Consultative Draft Motherwell Local Plan Letter from NLC Environmental Services dated 26/8/97 Letter from Strathclyde Police dated 7/8/97 Letter of objection from Anne Kinsella dated 25/7/97 Letter of objection from Mr & Mrs Currie dated 25/7/97 Petition of objection from 5 neighbours dated 25/7/97 Letter of objection from Denis Doyle dated 4/8/97 Letter of objection from Linda Murray and Another dated 25/7/97 Letter of objection from Wishaw Old Parish Church dated 12/8/97

Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Jim Lemon. Application No. S/97/00492/FUL Date registered I August 1997 APPLICANT SCOTTISH CO-OP. CO-OPERATIVE HOUSE. 95 MORRISON STREET. GLASGOW Agent Robert Turley Associates, 7 Newton Place, Glasgow DEVELOPMENT ERECTION OF FOOD SUPERMARKET (CLASS 1) WITH ASSOCIATED CAR PARK AND LANDSCAPING LOCATION STATION ROAD. SHOTTS

Ward No. 18 Grid Reference NS 287000 659866

File Reference S/PL/B/ 1 7/6 I (566)/GL/JM

Site History Fomier site of Dykehead Priman, School Permission Granted in 1989 for demolition of school building, construction of car park and formation of pedestrian link to Co-op store.

Development Plan Mised Use/Education

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection The Coal Authority West of Scotland Water Conditions NLC Environmental Services No Reply S.E.P.A.

REPRESENTATIONS

Neighbours 9 Objections Newspaper Advertisement 1 Objection

COMMENTS The Scottish Co-op are proposing to construct a new supemiarket on land at the rear of the existing Co-op car park. adjacent to their store at Station Road. Shotts. Once the new store was constructed the existing building would be demolished to provide additional car parking. There have been objections from nearbj. residents which could largely be resolved through the use of planning conditions. It is my opinion that this proposal offers an opportunity to provide a new. modem. shopping facility in Shotts and, as there would appear to be no over-riding reasons for rehsal it is my reconmendation that planning consent be granted for this proposal. Further details of my considerations are contained in the attached report.

RECOMMENDATION

Grant. sub.ject to the following conditions:-

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

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

That before development starts. full details of the design and location of all fences and walls to be erected 011 the site shall be submitted to. and approved by. the Planning Authority.

Reason: These details have not been submitted.

That notwithstanding the details required in condition 2 above and before the development hereb:. permitted is occupied. or brought into use. a 2 metre high. close boarded. timber screen fence shall be erected along the boundan. marked ORANGE on the approved plans.

Reason: In the interests of amenit\.

That notwithstanding the details required in condition 2 above a replacement wall shall be erected along the boundan marked BROWN on the approved plans.

Reason: In the interests of amenity.

(5) That notwithstanding the details required in condition 2 above a 2.4 metre high acoustic fence or wall shall be erected along the boundan. marked GREEN on the approved plans.

Reason: To safeguard the residential amenit!. of the area.

That before development starts. full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to. and approved b!,. the Planning Authority.

Reason: These details have not been submitted

(7) That before development starts. a scheme of landscaping shall be submitted to. and approved by, the Planning Authorit\ and it shall incliide -

(a) details of any earth moulding and hard landscaping. grass seeding and turfing:

(b) a scheme of tree and shnib planting. incorporating details of the number. variet!. and size of trees and slintbs to be planted:

(d) details of the phasing of these works

Reason: In the interests of the visual amenity of the area. (8) That before development starts. a scheme of landscaping. for the area hatched PURPLE on the approved plans. shall be submitted to. and approved 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. incotyorating details of the number. variety and size of trees and shrubs to be planted:

(d) details of the phasing of these works 0 Reason: In the interests of the visual amenity of the area. (9) That prior to the occupation of the building hereby permitted, all planting, seeding, turfing and earthmoulding includkd in the scheme of landscaping and planting: approved under the terms of conditions (7) and (8) above, shall be completed. and an!. trees, shrubs, or areas of grass which die. are removed, damaged. or become diseased, within 2 \.ears of the completion of the development, shall be replaced in the nest planting season with others of a similar size and species.

Reason: In the interests of amenit!,.

(10) That deliveries to the premises shall only be made between the hours of 7 am to 8 pni.

Reason: In the interests of amenit!..

(I 1) That within the service !.ard illustrated on the approved plans. material shall not be stacked, or deposited. to a height exceeding 2.4 metres.

Reason: In the interests of amenit!.

(1 2) That before development starts. details of the surface finishes to all parking and manoeuvring areas shall be submitted to. and approved b!,. the Planning Authority.

Reason: These details have not been submitted.

(I 3) That before the development hereb!. pemiitted is completed, or 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 clearl!. marked out. and shall. thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of adequate parking facilities within the site (14) That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, ever)thing 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 public safe$..

(15) That pedestrian dropped kerb crossing facilities should be provided at theJunction radii at the site access.

Reason: In the interests of public safet!,.

(16) That the road access to the service !wd should be widened to 6 metres with a 2 metre wide footway to the west side of the access.

Reason: In the interests of road safety.

( 17) That a sign or signs shall be erected at the start of the access road to the service yard reading "senice r.ehicles only".

Reason: In the interests of road safet!. and to enable the Planning Authorit!. to retain effective control.

(18) That the internal road aisle bounded in RED shall be increased to 5.5 metres in width.

Reason In the interests of road safet!

(19) That before the development starts details of a redesigned. n ider. taxi facilitj shall be submitted to and approved by the Planning Authorit!

Reason: To allow vehicles to turn within the taxi facilit!. and in the interests of road safety

(20) That a flush delineation kerb shall be provided across the Iunction with Station Road. in line wth the heel of the footua! a Station Road

Reason: In the interests of public safety.

(2 I) That all lighting columns shall have lights directed downwards and into the site.

Reason: In the interests of amenit!. List of Background Papers

Application form and plans received on 1/8/97 Facsimile of Additional Infomiation received on 15/9/97 Shotts Area Local Plan Letter from The Coal Authorit!, dated 1 1 August 1997 Letter from West of Scotland dated 18 August 1997 Letter from NLC Environmental Services dated 2 I August 1997 Letter of Objection from Mr Goldie 7 Unit!. Park. Sliotts Letter of Objection from Mrs Bo\.le 4 I Currieside Avenue, Sliotts dated 13/8/97 Letter of Ob.jection from Ms Keiuied!. 45 Currieside Avenue. Shotts dated 13/8/97 Letter of Objection from T Gilniour 16 Robert Street, Shotts dated 13/8/97 Letter of 0b.jection from Miss Reid 14 Robert Street, Shotts dated 13/8/97 Letter of 0b.jection from T. Elder 4 Robert Street: Shotts dated 13/8/97 Letter of Ob.jection from Mr Fleining 6 Robert Street. Shotts dated 13/8/97 Letter of 0b.iection from Mrs Sutherland 8 Robert Street, Shotts dated 13/8/97 Letter of 0b.jection from Mr Marshal1 per A & A Neil dated 26/8/97

An!. person wishing to inspect the above background papers should telephone Motherwell 302 104 and ask for Mr Laing. REPORT

APPLICATION No. S/97/00492/FUL

1. APPLICATION SITE AND PROPOSAL

1.1 The application site is the existing Co-op, its adjacent car park and the former school playground at Station Road, Shotts. To the north of the site is Station Road and the commercial premises on this street. which forms the main commercial area with Dykehead. To the east of the site are residential premises, to the south is the Shotts and Dykehead Pipe band hall and hrther residential premises and to the west residential premises and a bank building at Unity Park.

The application site is at a lower level than Station Road. at a higher level than the houses to the rear and west and at the same level to the houses to the east of the site. There is a shrub belt across the rear of the car park. to the front of the former playground. and the rear and sides of the fonner pla!.ground are bounded by stone walls. screen fences and steel palisade fences ~hilethe western boundan. wall was washed away by recent floods and will be replaced.

I .3 The proposal involves the construction of a new supermarket and service yard at the rear of the existing car park and on the former pla\g+oundand. once the new store was open. the existing buildings on the site would be demolished to provide additional car parking. A feature wall would be constructed along the building line of the esisting premises to coinpensate for the loss of the street frontage at this point.

1.4 The new supermarket would be almost twice the retail floorspace of the existing store and would provide the full range of services available within a modern supermarket. including an Banking machine and a delicatessen. The number of employees should rise from the present 60 full and part time to approximately 100 (I 5 full time and 85 part time). The value of the investment would be in the region of &4niillion.

The new store would be single store!. with an internal niezzanine floor. for offices, and would be finished using facing brick and profiled sheeting to the main part of the building with a slate roof to the canop!' along the front of the building. The main entrance would have a crow stepped gable feature as would the part of the building housing the ATM at the eastern end of the frontage. The feature mimics the crow stepped gable above the entrance to the existing store.

2. CONSULTATION RESPONSES

2. I Both the Coal Authorit!. and West of Scotland Water have offered no ob-jections to this proposal, although the fonner has advised that appropriate technical advice be sought on the underground condition of the site before development starts. 2.2 The Director of Environmental Services has advised that. due to the proximit!. of the condenser unit and service yard to residential properties. an acoustic fence be erected along the rear and side boundaries of the service \.ard and condenser unit. This can be achieved through the use of appropriate planning conditions.

3. OBJECTIONS

3.I There have been 9 objections to this proposal from notified neighbours and a further objection was received on behalf of the owner of a site ad-jacent to Shotts Railwa!. Station which received outline planning consent for a supemiarket. on appeal to the Scottish Secretan. in February 1996.

3.2 The concerns raised by the notified neighbours relate to the proposed development and also problems with the existing store and the other ob.iection relates to access arrangements and the requirement of a Retail Impact Anal!.sis. A summan. of these ob-jections and my comments thereon are as follows:-

(1 ) The proximit!. of the service yard and condenser unit to the properties in Robert Street causing disturbance "at all hours" due to deliveq lorries and vans. entering and leaving the yard.

Comment: These potential problems have dread!. been identified by the Director of Environmental Services and can be alleviated through the use of acoustic fencing. In addition the Co-op have indicated that they expect deliveries to consist of 1 articulated lorn and 3 to 4 box vans per day and that the!. would accept core deliven, times set b!, the Council to firther limit an!. disturbance.

(ii) Existing boundan fences and walls are inadequate for security purposes and in preventing litter from entering gardens.

Coinment : Through the use of appropriate conditions the Council can require the erection of fences and walls along sensitive boundaries.

(iii) The difference in levels between the site and its surroundings allows overlooking of houses reducing privacy. the lack of security at the present building exacerbates this problem and that CCTV or Securit!. men would improve this.

Comment: The provision of adequate fencing in the appropriate place should protect the privacy of nearby residents whose concern is .justified as there are currently direct views from the esisting car park into gardens and houses. The matter of security for the actual premises is one which cannot be addressed through planning conditions and is essentiall!. an issue for the Co-op management.

(iv) There are probleins of litter. rotting refuse and unsecured tro1lej.s from the existing Co-op and cas!' access to the car park and rear of the existing building lead to public disorder which de\.alues surrounding properties.

Conll11ent: The existing building was not purpose built and does not have a secure service yard whereas the proposed new building will have a secure Jard. rubbish compaction facilities and trolley bays. The closure of the car park when the store is shut would be a matter for the management of the new store and mould not limit pedestrian access to the car park and front of the store where the A.T.M is located.

(\I) The access to the site is inadequate given the level of traffic which ill be using it.

Conmient : The proposed access is in the same position as the existing access to the Co-op car park and whilst there will be delivery vehicles using it these will be limited in number and. so long as the appropriate visibilit:. splays are achieved. this access would be suitable and an improvement in tlie existing service access at Unity Park.

(vi) No Retail Impact Anal>.siswas required in relation to this proposal whilst one was required for the proposal ad.jacent to the Railiva:. Station.

Conmient : Each proposal is considered on its own merits and in this case the proposal is for an effective doubling in size of tlie provision of the retail floorspace on a site within the recognised village centre and. as such. a Retail Impact Anal:sis was not considered to be necessan..

4. PLANNING CONSIDERATIONS

4.1 There are a number of issues over and above those raised by tlie objectors which must be addressed in considering this proposal. The construction of a modem supermarket in a well established area and the loss of a traditional sandstone building to the street frontage would: obviously, introduce a large degree of change in a relativelj. compact town centre. The proximity of the existing building to the road does give an impression of enclosure and a degree of protection from prevailing winds and, whilst the building is traditional in its character, it has been altered over the years and tlie only remaining striking feature is the crow stepped gable above the entrance.

4.2 The applicants proposal Ivould compensate for tlie loss of this frontage through the coiistruction of a feature stone wall along the existing building line. This wall would have crow steps and a crow stepped feature n-ould be constructed at the conier of Station Road and Unit:. Park. whilst the loss of the feeling of enclosure would be compensated with the valle:. below Shotts and the hills bej.ond

4.3 The new building would be of a modem construction and would be set back from the road which would have the effect of lessening its impact on the street scene. The frontage of the building would 1ial.e crow stepped gables and be finished in more traditional materials as outlined in paragraph I .5 above. Such new buildings can be ven attractive. particularly with the features described above. 4.4 This proposal has raised a number of concerns with neighbours in relation to the effect it would have on their privacy and securit!.. These concenis have been addressed in Section 3 of this report but there are other effects to be considered in relation to the impact of this building on its immediate surroundings. The building will be higher than those to the south and west of the site, as a result there is the potential for the building to affect the early morning sunlight, and daylight received by these properties but as the gardens have a northern aspect. direct light is limited at the moment b!, the houses themselves.

5. CONCLUSION AND RECOMMENDATION

5.1 As has been recognised, this proposal would introduce a degree of physical change within this area of Shotts and there ma?. be detrimental effects on the street scene and surrounding properties. However through good design and the use of suitable planning conditions many of these effects could be successfull!. ameliorated. e 5.2 Other concerns have been raised which are essentiall\r matters for the Co-op to address in relation to the day to day management of the store and are not planning matters.

5.3 On balance this proposal affords an opportunit!. to improve the shopping provision in Shotts and create around 40 nen. jobs. The store has been designed s\mpathetically and the areas of concern raised b!. the objectors have been or can be addressed and, in light of this, it is my recommendation that this proposal be given planning consent. Application No. S/97/00502/FUL Date registered 11 August 1997 APPLICANT NOOR AHMED. 2 1 HOLYTOWN ROAD, MOSSEND, BELLSHILL Agent Wrights Solicitors. 70 Brandon Parade East, Motherwell MLI 1LY DEVELOPMENT CHANGE OF USE AND EXTENSION TO SHOP TO FORM HOT FOOD TAKE AWAY LOCATION 545 MAIN STREET. MOSSEND

Ward No. 26 Grid Reference 274388-660355

File Reference S/PL/B/7/48(66)/DNJM

Site History J~il!. 1993 - Planning pemiission refiised for change of use from Electrical Retail Shop to Fast Food Take Away and extension to rear of shop. Council decision subsequentl!. upheld on appeal.

Sept 1985- Planning permission refiised for change of use from Butcher’s Shop to Chinese Take Am!..

Development Plan Bellshill 8L Mossend Local Plan - Mixed Land Use Policy Mothenwll District Local Plan - Polic!. Ind 9 (Established Industrial and Business Areas)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection NLC Environmental and Protective Services Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks planning permission to change the use of an electrical retail shop to a fast food take away. A few internal alterations are proposed and the applicant intends to extend the premises by building a small store to the rear. The property is located adjacent to the Mossend roundabout. Due to the traffic flow and parking situation at this location. I have serious concerns over traffic safet!.. An identical application was refiised b!. Motherwell Distrlct Council in July 1993. This decision was subsequentl!. upheld on appeal. My comments on this objection and the application are detailed in the attached report. \,' I \ \\ I __----, I \ \I , ,'- I I Scale Reproduced from Ordnance Survey wlth the APPLICATION NO. S/97/00502/FUL permission of the Controller Of Her ~alesty'sstationery off>ce Crown Copyright Una~thoilsedPeDrOduction CHANGE OF USE AND EXTENSION TO SHOP TO FORM lnfr~ngesCrown copyright and may lead to DPOS~CU~~D~or civil proceedings HOT FOOD TAKEAWAY NOrtn LanarKsnrre council 11/09/97 545 MAIN STREET, MOSSEND Licence nUmQer LA09041L REPORT

APPLICATION No. S/97/00502/FUL

1. APPLICATION AND SITE

1.1 The applicant seeks planning perniission to change the use of an electrical retail shop to a fast food take am!’. Internal alterations are proposed to create a waiting area: a serveq and kitchen area. The applicant also proposes to build a small extension onto the rear of the shop to create a store.

.2 The unit is a single storey building located in an isolated row of single and two storey properties to the north of Mossend roundabout.

.3 The applicant was asked if he considered circumstances at the locus had changed since the previous application was refused. He has replied that the road layout has been altered and on- street parking been provided. all of which had not happened at the time the previous application was considered. He also considers the “nature” of the surrounding area has changed. although this not specified. Finally. he has indicated that he is prepared to discuss reasonable restrictions on hours of opening.

2. CONSULTATIONS

2.1 Consulation was carried out with the Council’s Director of Environmental Services. Neither he, nor the Head of Protective Services has any observations to make.

3. OBSERVATIONS

3. I M!. concerns on this application relate specifically to issues of traffic safety. By their nature, hot-food shops tend to generate very short term visits b!, both pedestrians and vehicular traffic. Vehicular traffic often causes a problem with congestion as drivers park as close to the shop as possible. The requirement for the provision of 5 car parking spaces is indicative of this. Planning consent is often granted for such retail outlets in Main Street locations which do not have their own parking facilities, usuall!, as there is a purpose built car park in the vicinit!..

3.2 However. there are specific reasons wh!. this particular facilit!. would create unacceptable problems at this location.

3.3 The property actually fronts onto the carriageway associated with the roundabout. The generation of parking to the front of the shop. irrespective of whether it is long or short term parking. would interfere with traffic flow at the roundabout. Vehicles manoeuvring in and out of parking spaces would create an unacceptable traffic hazard.

3.4 Furthennore. it should be noted that despite the presence of a guardrail and “no waiting or loading at an\-time” restrictions, parking alread!. occurs at this locationl and it would be inappropriate to warrant a developinent which could onl!. exacerbate an existing problem. 3.5 There is no provision for service vehicles. although these would most likely be small transit vans in light of the scale of the proposed use. Nevertheless. they ~ouldcontribute to traffic safety problems at this location. The required 5 car parking spaces cannot be provided by the applicant.

3.6 Although works to the road and footway have been carried out since the last application, they were ongoing at the time of the appeal associated with the previous application. These works were carried out in an attempt to force traffic to slow down on approach to the adjacent roundabout b!. altering the road geometq', and to attempt to reduce illegal parking at the roundabout. In the latter respect. it has onl!. been a partial success.

3.7 None of the parking ba!s were provided to the front of the appeal site and those constructed actuall!. reduced the overall number of parking opportunities available. Most of the parking a spaces are occupied during the daJ-time by the shopkeepers and in the evening by residents in the upper floor flats of the adjacent properties. This would present customers of the proposed take awa!. with the choice of parking further away from the shop in an area of non-restricted parking, or parking close to the shops in illegal manner.

3.8 While the former Mothend District Council sanctioned the altered roads layout. the enforcement of traffic regulations is outwith the control of the Planning Authority. Nevertheless, the Council considers it has a responsibilit!. to avoid enabling a potentiall!, dangerous situation to arise.

3.9 Although the above issues relating to the revised road la\.out were not considered in the previous report to the Planning Committee of Mothenvell District Council, they were assessed b\. the Reporter appointed b!. the Secretan of State for Scotland during the previous appeal.

3.10 The issue of a restriction on opening hours is of less concern relative to the identified traffic safet!. problems. although restriction to operation over the late evening period is possible, purely on the basis of the possibilit!. of some parking spaces nearer the shop being available. It is doubtful that this would be acceptable in a coinnicrcial sense to the applicant. Furthermore, it could set a precedent for the use of the premises and ilia!' also prove difficult to enforce.

3.1I I therefore do not consider that the situation on site has changed significantl!. since this proposal was last given consideration and. n-ith respect to traffic safety problems at this locus. I recommend that planning permission be refused. RECOMMENDATION

Refuse. on the grounds that the development would create a traffic hazard in that it would encourage on-street parking interfering with the traffic flow at thc Mossend roundabout.

List of Background Papers

Applicatioii fomi and plans Letter from applicant’s agent. dated 1/9/97 Bellshill and Mossend Local Plan a Mothemell District Local Plan. Consultative Draft Memo from Director of Environmental Semices. dated 20/08/97 Memo from Head of Protective Services. dated 26/08/97 Memo from Divisional Transportation Manager. dated 28/08/97

An:. person n-ishing to inspect the above background papers should telephone Motherwell 3 02090 and ask for Mr Aslman.