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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

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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 Signed as relative to paragraph ............... of the minutes of the meeting of the North .......................................................pkW.1; .AV$$ oeJ&*PI& Commitee of ..........!..l..r,~.). s3............ Lanarkshire 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, Cumbernauld. 9 N/97/00235/FUL Mrs J Turnbull Construction of Driveway, 49 Kelvin Way, Kilsyth. 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, Caldercruix. 30 C/97/00086/FUL Mr D Moir Conversion of Disused Byre to Dwellinghouse, Grant Easter Dunsyston Farm, Chapelhall, Airdrie. 37 C/97/00326/FUL Royal Bank of Scotland Change of use from Bank to Public House, 12 Bank Grant Street, Airdrie. 44 S/97/00231/FUL Murdostoun Castle Estate Residential and Golf Course Development, Grant P Ltd Murdostoun Estate and North and South Road, Bellside, Cleland. 67 S/97/00344/OUT Wishaw 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, Newmains. 80 S/97/00354/FUL Mr J Findlay Construction of farmhouse at Cairneyhead Farm, Grant P Torbothie Road, Shotts. 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, Bellshill. 98 S/97/00447/FUL Mrs Kennedy Proposed Housing Development (3 Plots), 2-4 Grant Calderbank Terrace. Motherwell. 104 S/97/0045 UAMEND Club Taxis Limited Use of Premises as a Taxi Radio Base (Renewal of Grant Temporary Permission), 7A Main Street, Holytown. 108 Mr C Donaldson Change of Use and Sub-Division of Barn to Two Grant Dwellinghouses, Gowkhall Farm, Newarthill. 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, Mossend. 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, GLASGOW 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 North Lanarkshire 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/ c: m sof flwwlcom ap9 719 7/12 1 0 -2- 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.
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