North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

PIan ni n g Ap p Iica t ion s for consideration of Planning and Environment Committee

Committee Date : 8thJune 2005

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 8 JUNE 2005

Page No. Application No. Applicant DevelopmenULocus Recommendation

6 N/05/00142/FUL Mr Adrian Earlam Alterations & Extensions to a Grant Dwellinghouse - 9 Prospect Road Dullatur, Cumbernauld

11 N/05/003 11 /CAAD Dobbies Garden Application for a Certificate of Grant Centres Plc Appropriate Alternative Development in Respect of Use Classes 1, 2,4, 9 and 11 - Site to South of Westerwood Garden Centre, Eastfield Road Cumbernauld

20 N/05/00386/FUL Miller Homes Limited Residential Development - Grant (P) Site to West of Lindsaybeg Road Chryston

30 N/05/00432/OUT The Spark Initiative Construction of Children’s Grant Nursery Building - Community Building, Chryston Church, Blackwoods Crescent Moodiesburn

35 N/05/00528/FUL David Bill Change of Use from Hairdressers Grant Shop (Class 1) to Estate Agents (Class 2) - 92 Cumbernauld Road Muirhead

39 N/05/00535/ADV Mitchells & Butler Ltd Erection of Various Signs Grant Craigmarloch Lodge 4 Auchinbee Way Cumbernauld

43 N/05/00594/FUL Mr & Mrs A Thomson Construction of a Dwellinghouse - Grant Site at Barr Braes South Barr Farm Old Coach Road Kilsyth

49 N/05/0061O/FUL Lynn Knox Alterations and Extensions to a Grant Dwellinghouse - 29 Reynolds Drive Cardowan Stepps

52 N/05/00678/FUL Dow Waste Establishment of a Waste Grant Management Transfer/Recycling Facility and the Storage and Maintenance of Heavy Goods Vehicles and Mobile Plant - 23 Lenziemill Road Cumbernauld

57 N/05/00742/FUL T-Mobile (UK) Ltd Installation of a 20 Metre High Grant Telecommunications Monopole with Associated Apparatus - Territorial Army Centre Glencryan Road Cumbernauld APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 8 JUNE 2005

Page No. Application No. Applicant DevelopmentlLocus Recommendation

62 C/04/01705/MIN Kilgarth Development Winning of Materials and Grant (P) Company Associated Land Engineering Operations and Landscaping to Secure Remediation of the Former Kilgarth Landfill Site (with Access taken through the Gartcosh Industrial Park) - Land North of Former Kilgarth Landfill Site, Gartgill Road Coatbridge

78 C/04/02202/FUL Mr K Quinn Erection of No.6 Two Bedroom Grant Flats and Conversion of Existing Building into No. 12 Two Bedroom Flats -18-20 Mavisbank Street, Airdrie

83 C/05/00077/FUL Redrow Homes Erection of 112 Dwellinghouses Grant (P) (Scotland) Ltd (Phase 2) - Land North of Former Glenboig Brick Works lnchneuk Road, Glenboig

92 C/05/00176/FUL WRG Waste Services Installation of Gas Flaring and Grant Ltd Electricity Generating Equipment - Hartlouphill, Old Biggar Road Riggend, Airdrie

95 C/05/00395/FUL NTL Broadcast Erection of Replacement 30 Metre Grant Tower, Installation of 3 Antennas, 3 Dishes and Erection of Ancillary Equipment Cabinets - Meadowhead House, Ballochney Road, Plains, Airdrie

100 C/05/00403/FUL T-Mobile (UK) Ltd Installation of 14.7 Metre Grant Telecommunications Monopole, Installation of Equipment Cabinet and Ancillary Developments - Land South of Carpark at The Four Isles Community Centre Varnsdorf Way, Airdrie

105 C/05/00449/FU L Mr R Hamilton Siting of Snack Bar - Refuse 1-3 Wallace Street Coatbridge

110 C/05/00481/FUL WRG Waste Services Extension to Existing Power Plant Grant Limited Incorporating 4 Engines within Blockwork Building and Extension of Switch Gear Room - Shanks Landfill Site Meikle Drumgray Road, Greengairs APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 8 JUNE 2005

Page No. Application No. Applicant DevelopmentlLocus Recommendation

113 C/05/0049O/FUL T - Mobile (UK) Ltd Installation of 3 No. 3G Antenna Grant with Internal Upgrade of Existing Equipment Cabinet - Social Security Offices 86 Graham Street, Airdrie

116 C/05/00505/FUL Vodafone Uk Ltd Installation of 23.4 Metre Grant Telecommunications Tower with 6no Antenna and Associated Cabinets - Land at Albert Bartlett & Sons, 251 Stirling Road, Airdrie

121 Mr & Mrs G Wallace Erection of Two Storey Side Grant Extension to Dwellinghouse - 9 Fullarton Street, Coatbridge

126 C/05/00599/FUL James Hamilton Part Change of Use of Car Grant Breakers Yard as Waste Transfer Station - Land North of Marple Cottage, Souterhouse Road, Coatbridge

130 T-Mobile (UK) Ltd Installation of 20 Metre Grant Telecommunications Monopole, Incorporating 3No. Antenna and Ancillary Equipment Cabinets - Land to the north of Broadlees Garage, Carlisle Road, Airdrie

136 C/05/00681/FUL Melzone Ltd Use of Retail Unit as Licensed Grant Bookmakers - 23 Hallcraig Street Airdrie

139 C/05/00768/0 UT Mr G Haddow Erection of Business/lndustrial Grant Unit - 255 Dundyvan Road, Coatbridge

143 SO4101 856/FUL Mr & Mrs S Lafferty Erection of a Two-Storey Rear Refuse Extension - 36 Ellisland Wynd Motherwell, Lanarkshire MLI 5HF

147 S/05/00149/FUL Mr Stephen Boyd Erection of Dwellinghouse - Grant Land at 279 Main Street Bogside, Wishaw, Lanarkshire

153 S/05/00281/LBC T Mobile (UK) Ltd Installation of 6 Pole Mounted Grant (P) Antennae and New Window Louvres in Bell Tower and Ground Based Equipment Cabin within Tower - G.L.O. Centre, 78 Muir Street Motherwell, Lanarkshire

157 S/05/00345/FU L Terex Equipment Ltd Extension of Concreted Yard and Grant New Road Sections with Random Raised Paviors & Sinusoidal Section to Form a Test Track Land At Terex Kirk Road Newhouse, Motherwell APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 8 JUNE 2005

Page No. Application No. Applicant Development/Locus Recommendation

160 S/05/0041O/FUL T-Mobile (UK) Ltd Installation of a 14.7m Refuse Streetworks Monopole Incorporating 3No. Antennas and Associated Equipment Cabinets Land at Benford Knowe Newarthill, Motherwell, Lanarkshire

167 S/05/00604/FUL T-Mobile (UK) Ltd Erection of 15M High Monopole Grant Accommodating three Antennas & two Transmission Dishes & Associated Equipment Cabinets Land at Unit 1 1-7 Etna Street, Wishaw Lanarkshire

(P) N/05/00386/FUL: If granted, refer to Scottish Ministers (Contrary to Policy) If granted, Section 75 Required in respect of a financial contribution towards a play area. (P) C/04/01705/MIN: If granted, planning permission not to be issued until Section 69 agreed (P) C/05/00077/FUL: If granted, planning permission not to be issued until Section 75 agreed (P) S/05/00281/LBC - If granted, refer to Scottish Ministers (Historic Scotland) Application No: N/05/00142/FUL

Date Registered: 4th February 2005

Applicant: Mr Adrian Earlam 9 Prospect Road Dullatur Cum bernauld G68 OAN

Agent HomeCAD 2 Cumbernauld Business Park Wardpark Road Cum bernauld G67 3JZ

Development: Alterations & Extensions to a Dwellinghouse

Location: 9 Prospect Road Dullatur Cum bernauld G68 OAN

Ward: 57 Westerwood, Carrickstone and Dullatur Councillor Gordon Murray

Grid Reference: 274471 676820

File Reference: N/O5/00142/FUL

Site History: No Applications of Relevance

Development Plan: The property is covered by Residential Policies in the adopted Cum bernauld Local Plan, 1993

Contrary to Development Plan: No

Consultations: NLC Community Services (No Response)

Representations: 2 Letters from a Notified Neighbour

Newspaper Advertisement: Not Required

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 starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.

3. That before development starts, details of a scheme which provides sufficient parking space within the curtilage of the dwelling for a minimum of three cars shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interests of providing adequate parking facilities for the property and its occupants.

4. That before any part of the extension hereby permitted is brought into use, all of the parking spaces 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 shall, thereafter, be maintained as parking spaces.

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

Background Papers:

Application form and plans received 4th February 2005 Amended Plans received 12th May 2005

Memo from Roads (Northern Division) received 25th February 2005 Memo from Leisure Services received

Letter from Mrs Jean Young & Miss Laura Young, Lauren Cottage, 8 Prospect Road, Dullatur, G68 OAN received 15th February 2005. Letter from Mrs Jean Young, Lauren Cottage, 8 Prospect Road, Dullatur, Glasgow received 17th May 2005.

Any person wishing to inspect these documents should contact Mrs Mary Stewart at 01236 616473. APPLICATION NO. N/05/00142/FUL

REPORT

1. Descriotion of Site and Proposal

1.I The property is a detached dwelling within the Dullatur area of Cumbernauld. It is single storey on the Prospect Road frontage but is fully 2 storeys at the rear. The dwelling is one of a number of similar dwellings built on Prospect Road in the 1960’s.

1.2 The applicants propose to extend the existing, flat-roofed integral garage and entrance area to the front of the dwelling and create living accommodation within a new pitched roof over this part of the property. The roof ridge will run at right angles to the existing pitched roof and will be approximately 600mm higher than the existing ridge line. The height of the existing chimney will also be increased.

1.3 Three velux windows on the front pitch of the new area of roof will provide daylight to the new accommodation in the roof space. A further five velux will be added to the existing roof to provide daylight to the existing kitchen and storage areas within the roof space. The existing rear balcony will be enlarged to provide for access from two of the rooms with access to one of the room from a new set of french doors with a glazed side screen.

1.4 An additional balcony is to be provided on the upper level with access from the master bedroom via a set of french doors and 3 further sets of french doors on to the rear garden are proposed at lower ground level. A small side extension to an existing utility room is also proposed

2. Development Plan

2.1 The property is covered by Policy HG4 of the adopted Cumbernauld Local Plan.Also of relevance is Policy HG3, which includes the following provision:-

House extensions must relate to the design of the original building and should not dominate the appearance of the building.

2.2 The property is covered by a Tree Preservation Order.

3. Consultations and Representations

3.1 North Lanarkshire Council’s Community Services Department failed to respond.

3.2 My Transportation Section recommended that a parking layout for the plot be produced and that this should provide three spaces. In addition they commented that the garage door should be set back no less than 6 metres from the rear of the public footway.

3.3 Two letters were received from a notified neighbour. The concerns expressed in relation to the original submission can be summarised as follows:-

0 It is not immediately clear from the plans or the description of the proposal that this is a one and a half storey extension.

Comment : The description of the proposal is accurate, although it does not attempt to convey the precise nature of the alterations and extensions proposed. The submitted floor plans and elevations clearly illustrate the proposals. 0 There are five new windows at the upper level, an additional door, french doors and two additional windows on the side elevation overlooking my feu.

Comment : The upper level windows are all velux roof windows. Two of them provide ceiling level light into the ground floor kitchen area and it would not be possible to see into the objectors property from them. One provides high level light into a stair well and the other two provide daylight to a bathroom and dressing area. An existing bedroom window is converted to french doors and the only additional window provides daylight to the stair.

3.4 In relation to the amended proposals the concerns expressed can be summarised as follows:-

* The proposed second landing window and dressing room window are still of concern and will be an invasion of privacy for me.

Comment :-The second landing window is a high level roof window which it would be extremely difficult for occupants of the dwelling to see out from. The remaining two additional windows on this elevation, including the dressing room window, are now only providing light to existing attic storage areas.

0 My trees almost screen my property from the existing landing window and balcony but I will now have windows and a balcony overlooking my property one storey higher.

Comment :-The addition to the existing balcony and the proposed new balcony both overlook the rear garden of the application property, and are further away from the objectors property'than the existing balcony. All of the new french doors and remaining new windows also overlook the rear garden area of the application property.

4. Planninn Assessment and Conclusions

4.1 The originally submitted scheme provided for a substantial extension to the original dwelling. Largely because of the volume of the new roof, the proposed extension would have dominated the original dwelling, contrary to the advice of Policy HG3 of the Cumbernauld Local Plan. The original proposal for the rear elevation also presented a number of design conflicts between the original dwelling and the extension.

4.2 In addition, both side elevations incorporated windows to habitable rooms which could have raised privacy issues for occupants of the adjacent dwellings. The submitted amended plans address all of these issues by reducing the height of the new section of roof, re-positioning and reduction in size of side elevation windows and a re-design of the rear elevation.

4.3 The original concerns of the objector were also addressed by the amended plans. The secondary concerns expressed are largely unfounded in terms of the true impact of the proposed extensions and alterations on the privacy of the objectors feu.

4.4 The concerns expressed by my Transportation Section can all be adequately and appropriately addressed through the imposition of planning conditions. Accordingly, it is recommended that planning permission be granted subject to the attached conditions. Application No: N105/00311/CAAD

Date Registered: 3rd March 2005

Applicant: Dobbies Garden Centres Plc Group Headquarters Melville Nursery Lasswade EH18 IAR

Agent Bruce and Partners 18 Walker Street Edinburgh EH3 7LP

Developmen t : Application for Certificate of Appropriate Alternative Development in Respect of Use Classes 1,2,4,9 and 11

Location : Site to the South of Westerwood Garden Centre Eastfield Road Cumbernauld

Ward: 57 Westerwood, Carrickstone and Dullatur Councillor Gordon Murray

Grid Reference: 276720676603

File Reference: N105/003111CAAD

Site History: No Applications of Relevance

Development Plan: The site is covered by Open Space Policies in the adopted Cumbernauld Local Plan 1993

Contrary to Development Plan: Yes

Consultations: Historic Scotland (Com ments) NLC Community Services (Comments) Amey Highways Ltd (East) (Comments) Architectural Heritage Society (No Objections) Scottish Environment Protection Agency (Comments) Scottish Water (Objection) Scottish Executive Directorate - TR-NMD (Comments)

Representations:

Newspaper Advertisement: Not Required

Recommendation: That a Certificate of Appropriate Alternative Development be issued in respect of Classes 1, 2, 4 and 11 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, subject to the following conditions :-

1. That the use of the site for which permission would have been granted would have been within Classes 1, 2,4 and 11 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and that the use would have formed an integral part of the approved use of the Mainhead Farm Listed Building.

Reason: To accord with the provisions of Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 in preserving the character and setting of the Mainhead Farm Listed Building.

2. That no buildings or other structures would have been constructed within the site.

Reason: To accord with the provisions of Section 59 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 in preserving the character and setting of the Mainhead Farm Listed Building.

3. That before the development started, full details of the location and design of the surface water drainage scheme to be installed within the application site would have been submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme would have had to comply with the Scottish Environment Protection Agency‘s principles of Sustainable Urban Drainage Systems.

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

4. That before the development started, the applicant would have been required to provide written confirmation to the Planning Authority that all the requirements of Scottish Water, as specified in their letter dated 18th March 2005, had been fully met in respect of providing the necessary drainage infrastructure to serve the development.

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

5. That before the development started, and following a full phased site investigation, a report in accordance with BS 10175 : 2001 ‘The Investigation of Potentially Contaminated Sites’ would have been submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the report would have included a conceptual site model and a site specific risk assessment of all relevant pollution linkages.

Reason: To enable the Planning Authority to assess the requirement for remediation measures.

6. That before the development started, any remediation measures identified as necessary as a result of the Report approved under the terms of Condition 5 would have been agreed in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider the means of treatment of the ground in the interest of health and safety.

7. That following completion of all works approved under the terms of Condition 6, a Certificate from a suitably qualified person or body would have been submitted to the Planning Authority confirming that all the necessary works had been carried out in full and to a satisfactory standard.

Reason: To ensure the proper treatment of the ground in compliance with Condition 6 in the interests of health and safety.

8. That before the development started, a scheme of landscaping, including boundary treatments, would have been submitted to, and approved in writing by the Planning Authority, and it would have included:- (a) details of all earth moulding, hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development;

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

9. That within one year of the commencement of the use, all works which were included in the scheme of landscaping and planting, approved under the terms of Condition 8, would have had to be completed and any trees, shrubs, or areas of grass which died, were removed, damaged, or became diseased, within two years of the completion of the development, would have had to be replaced within the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the site and the surrounding area.

10. That all vehicular and pedestrian access to the site would have been from Eastfield Road via the adjoining Mainhead Farm site and in particular that there should be no vehicular or pedestrian access from the Trunk Road.

Reason: In the interests of road safety and to minimise interference with the free flow of traffic on the Trunk Road.

11. That an unclimable safety barrier of a type which had been approved in writing by the Planning Authority, would have been provided and maintained by the developer and any subsequent owner of the site along the boundary of the Trunk Road.

Reason: To minimise interference with the free flow of traffic on the Trunk Road, to minimise the risk of pedestrians and animals getting uncontrolled access to the Trunk Road, to maintain safety for both the Trunk Road traffic and to minimise the distraction to drivers on the Trunk Road

12. That no goods would have been displayed adjacent to the Trunk Road.

Reason: To minimise the distraction to drivers on the Trunk Road.

Background Papers:

Application for Certificate of Appropriate Alternative Development received 3rd March 2005 Letter from Historic Scotland received 24th March 2005 Letter from Architectural Heritage Society received 29th March 2005 Letter from Scottish Environment Protection Agency received 22nd April 2005 Letter from Scottish Water received 31st March 2005 Letter from Scottish Executive Trunk Roads received 29th March 2005

Memo from NLC Planning and Environment Roads Service Manager received 19th April 2005 Memo from NLC Planning and Environment Head of Protective Services received 7th April 2005 Memo from NLC Community Services received 26th April 2005

Any person wishing to inspect these documents should contact Mrs Mary Stewart at 01 236 616473. APPLICATION NO. N/05/0031I/CAAD

REPORT

1. Purpose of Application

1.I This is an application for a Certificate of Appropriate Alternative Dev I pment (CAAD) under tt- ! Land Compensation (Scotland) Act 1963: ‘This type of application is relatively rare; occurring where compulsory purchase of a piece of land is proposed, without agreement between the parties as to the value of the land. A party with a legal interest in the land may apply for a CAAD as a means of defining any development value of the land which can be taken into account in assessing the compensation for the land being compulsorily acquired.

1.2 This applicants seek a Certificate in respect of the part of the land in their ownership which is the subject of a Draft Compulsory Purchase Order issued by the Scottish Ministers in December 2004. The Order relates to various parcels of land required for the purpose of upgrading the M801A80 Glasgow- Stirling Trunk Road between Auchenkilns and Haggs. The CAAD application must be considered as if it were the date on which the Draft Order was published.

2. Description of Site and Proposal

2.1 The application site comprises 0.49 hectares of ground adjacent to the existing A80 and the northbound Old Inns exit from the A80. The site forms part of the curtilage of Mainhead Farm, which is a Category B Listed Building. Mainhead Farm is a traditional stone-built steading which was sensitively converted for use as a garden centre in 1988. The property sits between the A80, and Eastfield Road to the north, with access to the site from Eastfield Road.

2.2 The steading is in the traditional form of a courtyard farm, with the two storey farm dwelling looking away from the farm and across open landscape, in this instance, towards the A80 to the south. The land slopes downwards from the steading towards both the A80 and the slip road, adding to the prominence of the building.

2.3 The application site itself is currently part of this area of open space, with some screen planting along the southern and eastern edges. A small part of the site is currently in use for car parking associated with the garden centre.

2.4 The applicants seek a CAAD for Use Classes 1 (Retail), 2(Financial and Professional Services), 4 (Business), S(Residentia1) and 1l(Assembly and Leisure). No indicative layout plans were submitted in relation to any of the uses proposed.

3. Development Plan

3.1 In terms of the regulations governing the assessment of CAAD applications, the planning circumstances at the date of the publication of the Draft Compulsory Purchase Order must be assumed. In this case the relevant date is the 6th December 2004.

3.2 In addition the planning authority must not refuse a certificate solely on the grounds that it would be contrary to the development plan, where the policies have no purpose beyond the scheme for which the Compulsory acquisition is being promoted. Broader policies, which would prevent any of the Classes of Use proposed can, however, be taken into account. 3.3 The current development plan, which comprises The Glasgow and the Clyde Valley Joint Structure Plan 2000 and the Cumbernauld Local Plan is therefore of relevance.

3.4 The limited size of the application site, combined with its awkward shape renders it unlikely that development would be of strategic significance for any of the Classes of Development under consideration. The proposals must therefore be assessed against the policies of the Cumbernauld Local Plan.

3.5 The site is covered by Policy EN26 (Significant Areas of Open Space, Limited Development Allowed) of the adopted Cumbernauld Local Plan 1993. This policy presumes against development within areas of defined open space except where the development provides for outdoor recreation, nature conservation or landscape protection.

3.6 Mainhead Farm is included within the Statutory List of Buildings of Architectural or Historic Merit, Category B. Policy EN2 of the adopted Cumbernauld Local Plan 1993 is also of relevance, therefore. This Policy presumes against development which could adversely affect the character, appearance and setting of a Listed Building.

4. Consultations and Rewesentations

4.1 The Architectural Heritage Society of Scotland and my Transportation Section had no objections to the proposals.

4.2 Historic Scotland referred to their advice on ‘Development within the Curtilage of Listed Buildings’ and ‘Development Affecting the Setting of Listed Buildings’ within the ‘Memorandum of Guidance on Listed Buildings and Conservation Areas.’ The main thrust of that advice being that development should not interfere with principal views to and from the Listed Building. They consider that any development on the site would be relatively close to the front elevation of the farmhouse and courtyard group. Further to this they remind the Council of the need to have special regard to the desirability of preserving the building or its setting in determining any application.

4.3 North Lanarkshire Council’s Community Services Department commented on the prominence of the Listed Building from the A80 and from large parts of Cumbernauld. They considered that if the farm buildings were surrounded by development their present semi-rural setting and the character of the Listed Building would be greatly devalued.

4.4 Scottish Water objected due to the cost of providing sewerage infrastructure to serve the development They did indicate their objection would be withdrawn should the applicant undertake to meet this cost provided that the scheme would not compromise the quality and quantity of discharge from the existing sewerage system.

4.5 The Scottish Environment Protection Agency (SEPA) commented on the need to address the restrictions on the existing sewerage infrastructure and that the costs for this would probably be the responsibility of the developer. They also advised that the use of a Sustainable Urban Drainage based system for treatment of surface water arising from the development would be required.

4.6 The Scottish Executive Development Department commented on the need to avoid direct access to the trunk road, to avoid drainage connecting to the trunk road drainage system, to provide screening to the trunk road and that no goods be displayed adjacent to the trunk road. They also required further details of any lighting to be provided within the site.

4.7 My Pollution Control Section commented on the need for a full phased site investigation being carried out prior to any development taking place, as the application site is part of an old landfill site.

5. Planninn Assessment and Conclusions

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

5.2 The CAAD procedure requires that the planning authority certifies the alternative development for which planning permission would have been granted for land if it were not proposed to be acquired by an authority possessing compulsory purchase powers. The CAAD procedure requires that the Development Plan is set aside, but only in so far as the development plan allocates the site for the purpose for which it is being compulsorily acquired. Account must still be taken of broader Development Plan policies, such as Green Belts. In this case the land is not allocated for the use for which it is being acquired (upgrading of the A80) in the development plan, the applicable policies EN26 and EN2 are such broader policies and these must therefore be taken into account.

5.3 EN26 presumes against development except where it provides for outdoor recreation, nature conservation or landscape protection. Clearly the only one of the Classes of Use specified within the application which could meet this criteria is Class 11 (Assembly and Leisure). However, clearly only those uses within the class which provide for outdoor recreation would meet the terms of this policy and some of these would not be capable of being accommodated within the application site.

5.4 EN2 presumes against development which would adversely the character and setting of Listed Buildings. The application site forms part of the curtilage of a Category B Listed Building. The open nature of the area surrounding the building is an essential part of the character of the building, which was originally built as a farm. The application site is part of this open area and is positioned directly in front of the front elevation. Any form of building or other structures on the site would therefore have a significant detrimental impact on the character and setting of the Listed Building.

5.5 The site could not, therefore, accommodate any form of building to provide for development within Classes 1 (Retail), 2 (Financial Professional and Other Services), 4 (Business), or 11 (Assembly and Leisure). It could, however, provide for parking and open space associated with the conversion of the Listed Building to any of these uses. This would not be dissimilar from the current situation where the application site supports the use of the building as a garden centre.

5.6 The effect of built development on the setting of the Listed Building, would preclude Class 9 (Residential) development of the site. In addition, the site could provide for only communal open space associated with residential use of the existing building, as the subdivision of the site into private garden areas would also be likely to have a significant detrimental impact on the character and setting of the Listed Building.

5.7 Whilst the site forms part of the existing garden centre use, and has done since 1988, the site has never undergone and form of physical development. Considerations as to the use of the site for enabling development to secure the future of the Listed Building are irrelevant. The CAAD procedures require that this application is assessed as at December 2004, when the Draft Compulsory Purchase Order was purchased. At that time the Listed Building would appear to have been in a good state of repair and was certainly in full use as a garden centre. There would therefore have been no justification for any form of enabling development to secure the future of the Listed Building 5.8 In conclusion, it is considered for the purposes of the Certificate of Appropriate Alternative Development that the site could not be satisfactorily used for Class 9 (residential) purposes. However, subject to conditions, the site could be utilised for car parking or amenity open space associated with the conversion / extension of the Mainhead Farm Listed Building to Class 1 (Retail), Class 2 (Financial Professional and Other Services), Class 4 (Business) or Class 11 (Assembly and Leisure) use. It is therefore recommended that a CAAD be issued in respect of Classes 1,2, 4 and 11 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, subject to conditions linking the hypothetical development of the site to the existing garden centre at Mainhead Farm. Application No: N/05/00386/FU L

Date Registered: 29th March 2005

Applicant : Miller Homes Limited Glasgow Business Park Unit 1125 Parkway Court 281 Springhill Parkway BaiII ieston Glasgow

Development: Residential Development (31 Dwellinghouses)

Location: Site West of Lindsaybeg Road Chryston

Ward: 69 Chryston and Auchinloch Councillor Charles Gray

Grid Reference: 268226670065

File Reference: N1051003861FUL

Site History: N/00101064/FUL Residential Development (43 Dwellinghouses) - Withdrawn in January 2002

Development Plan: The site is covered by Green Belt policies in the Strathkelvin Southern Area Local Plan 1983 and by a new house building policy in the emerging Northern Corridor Local Plan (Finalised Draft) 2000.

Contrary to Development Plan: Yes

Consultations: NLC Leisure Services (Comments) NLC Education (No Objection) SEPA (No Objection) Scottish Water (Objection)

Representations: Ten Representation Letters

Newspaper Advertisement: Advertised on 6th April 2005

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. I? Wrn,,'lon 01 n EIllllkl nl.rrUa*'ui ~c1.012386'62'0 ~ax.01236616232 Re resentation Clloll, om..l,r*n<.%,ll"lI. T*copehas been producsd fpecificaiiy for the Map Return Scheme purposes only. UI~.IIIUII.* IOlnUlt10~m4er CILI" IxyIIIIhI m I,#, I.., larrarr~,tn"OUil~l~Orlm~ OS Licence 100023389 2004 No lurher copies may be made 2. That before the approved residential development starts, an amended plan incorporating increased verge widths for the footpath to Lanrig Park shall be submitted to, and approved in writing by the Planning authority.

Reason: In the interests of pedestrian safety and amenity.

3. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that external materials are appropriate for the site and the general area.

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

Reason: In the interests of amenity by ensuring that fences and walls are appropriate for the site and the general area.

5. That before the development hereby permitted starts, full details of before and after ground levels shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that ground levels are appropriate for the site and the general area.

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

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

7. That in accordance with the landscape phasing approved under Condition 6 above or within one year of the occupation of the last dwellinghouse, (whichever is the sooner), all appropriate planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under Condition 6 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.

Reason: In the interests of amenity by ensuring that landscaping is appropriate for the site and for the general area. 8. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed access roads, parking areas and footpaths; (b) the proposed grassed, planted and landscaped areas.

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

9. That no works shall commence until a 30 m.p.h. speed limit is imposed on that section of Lindsaybeg Road adjacent to the application site.

Reason: In the interests of road safety by reducing speeds at the access junction.

10. That all accesses, roads and parking areas shall be designed and constructed to an adoptable standard to the satisfaction of North Lanarkshire Council as Roads Authority.

Reason: To ensure satisfactory and safe vehicular and pedestrian provision.

11. That prior to works commencing, full details of the location and design of the sewerage scheme shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt surface water drainage shall comply with the Scottish Environment Protection Agency (SEPA) principles of Sustainable Urban Drainage Systems (SUDS).

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

12. That the SUDS compliant surface water drainage scheme approved under Condition 11 above shall be implemented contemporaneously with the development and in accordance with any approved phasing scheme.

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

13. That before the development hereby permitted starts written confirmation of the acceptability of the sewerage scheme shall be submitted from Scottish Water.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the appropriate regulations and best practice.

14. That the development shall comply with the terms of the approved Flood Risk Assessment.

Reason: In the interests of public health and wellbeing.

15. That methane gas remedial measures shall be installed as per the approved drawings and details, or such other measures as may subsequently be approved in writing by the Planning Authority. Reason: In the interests of public safety with respect to naturally occurring methane gas.

16. That before the approved residential development starts, a maintenance scheme for the approved methane gas remedial measures shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of public safety with respect to naturally occurring methane gas.

17 That no dwellinghouse shall be occupied until : (a) the approved methane gas remedial measures for that dwellinghouse are installed; (b) a phasing scheme for the installation of footpath mounted methane gas ventilators has been submitted to and approved in writing by the Planning Authority, and appropriate ventilators are installed as per the approved phasing scheme.

Reason: In the interests of public safety with respect to naturally occurring methane gas.

18. That in the interests of methane gas protection and remediation: (a) foundations and sewers shall be shallow to a maximum depth of four metres or within unbreached boulder clay, whichever is the minimum depth; (b) should the boulder clay be breached, suitable remediation measures shall be put in place, to the satisfaction of the Planning Authority to prevent a pathway for gas to escape.

Reason: In the interests of public safety with respect to naturally occurring methane gas.

NOTES TO COMMITTEE

1. If granted, this application will have to be notified to the Scottish Ministers in accordance with the Town & Country Planning (Notification of Applications) (Scotland) Direction 1997 because the proposed development constitutes a significant departure from the Glasgow and the Clyde Valley Joint Structure Plan 2000

2. If granted, the planning permission will not be issued until improvements to the existing Council play area at Lanrig Park have been financed by the developers via an appropriate Minute of Agreement in lieu of the on-site provision of a play area.

Background Papers:

Application form and plans received 14th March 2005

Memo from NLC Leisure Services received 16th May 2005 Memo from NLC Education received 27th April 2005 Letter from Scottish Environment Protection Agency received 22nd April 2005 Letter from Scottish Water received 11th April 2005 Letter from Chryston Community Council received 20th April 2005 Letter from Scottish Natural Heritage received 15th April 2005

Letter from Mr & Mrs A Alexander-Allan,2 Old Lindsaybeg Road, Chryston, G69 9HU received 17th March 2005. Letter from Mrs Noreen Cockburn,66 Lanrig Road, Chryston, Glasgow, G69 9NU received 18th March 2005. Letter from Mrs Noreen Cockburn,66 Lanrig Road, Chryston, Glasgow, G69 9NU received 21st March 2005. Letter from Mr John & Mrs Julie Martin,96 Lanrig Road, Chryston, Glasgow, G69 9NX received 21st March 2005. Letter from Mr A R Khan, Mrs R Khan & Mr 0 R Khan,72 Lanrig Road, Chryston, Glasgow, G69 9NU received 21st March 2005. Letter from J C Howat,3 Glenartney Road, Berryknowes Estate, Chryston, Glasgow, G69 9NS received 29th March 2005. Letter from Mr James Kane,63 Lindsaybeg Road, Chryston, Glasgow, G69 9DN received 29th March 2005. Letter from Owner/Occupier,5 Glenartney Road, Chryston, Glasgow, G69 9NS received 31 st March 2005. Letter from Owner/Occupier,5 Glenartney Road, Chryston, Glasgow, G69 9NS received 31 st March 2005. Letter from W J Mcllroy,68 Lanrig Road, Chryston, G69 9NU received 6th April 2005. Letter from James Hynes,21 Glenartney Road, Chryston, Glasgow, G69 9NS received 11th April 2005. Letter from Mr Gavin Alexander,23 Glenartney Road, Chryston, G69 9NS received 13th April 2005. Letter from Miss Rita Anderson,Chryston Community Council, 1 Neuk Avenue, Muirhead, Chryston, G69 9EX received 20th April 2005. Letter from Mr Malcolm McKay,70 Cumbernauld Road, Chryston, G69 9AB received 26th April 2005.

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 61 6459. APPLICATION NO. N/05/00386/FUL

REPORT

1. Description of Site and Proposal

1.1 The application is for the construction of 31 dwellinghouses on a 2.2 hectare site, between existing houses and Lindsaybeg Road, Chryston. It is proposed by the developers to contribute towards the upgrading of an existing nearby play area, rather than provide one within the application site. A footpath will link the site to the adjacent park. The site is currently grassed and used for horse grazing.

2. Planninn History

2.1 A previous application (N/00/01064/FUL) for 43 dwellinghouses on the site was approved by North Lanarkshire Council in March 2003. This application was, however, subsequently withdrawn after being called in by the Scottish Ministers.

3. Development Plan

3.1 Under the terms of the Strathkelvin Southern Area Local Plan 1983, the site is identified as Green Belt. The Northern Corridor Local Plan (Finalised Draft) 2000 identifies the site for new housing. The Glasgow and Clyde Valley Structure Plan 2000 seeks to prohibit inappropriate development in the Green Belt and to direct residential development to brownfield sites.

4 Consultations and Remesentations

4.1 Consultation responses are as follows :-

0 Chryston Community Council: Comments are provided concerning the small size of gardens, doubt over the effectiveness of sight lines, disappointment over lack of bungalows and the desire for a wall rather than a fence between existing and proposed properties.

0 Scottish Environment Protection Agency: No objections on the understanding that the foul drainage is connected to the public sewer and the surface water drainage accords with the principles of sustainable urban drainage systems (SUDS).

0 Scottish Natural Heritage: SNH has no objection to this development proposal. It is noted that the development is located adjacent to the Garnkirk Burn and SNH has some concerns regarding the impacts of the development on the riparian zone of the waterway and its contribution to pollution and erosion occurrences. To ensure any adverse impacts are reduced SNH would recommend that all discharges are in accordance with SEPAs consent procedures.

0 Scottish Water: Scottish Water objects to this application as the cost of providing infrastructure is out with the “reasonable cost” obligations. This objection would be removed if the applicant either bears the cost of the increase in capacity of relevant infrastructure or promotes a scheme that does not compromise the quality and quantity of discharge from the existing sewerage system. (Miller Homes have undertaken to bear the costs of eliminating an identified sewerage constraint to the satisfaction of Scottish Water).

0 NLC Leisure Services: In the absence of play provision within the site there should be a financial contribution of f 15,500 (f500 per dwellinghouse) to allow the upgrade and development of existing play areas in the vicinity. 0 NLC Education: The Department has no objections with the area being zoned to two schools which have sufficient accommodation to cater for the estimated number of pupils that such a development may produce.

0 My Traffic and Transportation Section have no objections subject to conditions, and on the understanding that there will be an extension of the speed limit to a point beyond the proposed access.

4.2 Ten letters of objection have been submitted with the following points being raised :

0 The site is zoned as Green Belt and is valued by the local community as an attractive open area. The proposal will have a detrimental effect on an attractive rural area. A mature hedge may be removed.

Comment: The application site is within the Green Belt as defined in the 1983 Local Plan. It is, however, identified for new housing in the emerging Local Plan. In view of the date of the adopted Local Plan (1983) and the advanced stage of the emerging Local Plan it is considered that the latter document is the key policy document.

0 The proposal is a danger to road safety, as the access is on to a busy and fast stretch of Lindsaybeg Road. There have been four recent fatalities in Lindsaybeg Road. There is a particular danger with school children having to cross Lindsaybeg Road to get to school.

Comment: There are no objections to the proposal from my Transportation Section. A recommended planning condition requires that no works should start on site until an extension of the speed limit is in place.

0 There is a serious naturally occurring methane gas problem on the application site and in the immediate area. The methane gas problem is caused by a fault line which runs through the application site. There has been a previous methane gas explosion in the adjacent residential area. The adjacent residential area has ventilation standpipes on the roads. Disturbance associated with the proposed residential development could upset the existing methane gas balance on adjacent land.

Comment: As covered in Section 5 below, appropriate measures are proposed to deal with naturally occurring methane gas.

0 There will be a loss of amenity to adjacent residents through loss of views, overshadowing of property, loss of privacy and extra noise and activity. Proposed garden sizes are too small.

Comment: The proposal is for a relatively low density development (under 15 houses per hectare) with gardens which, on average, meet the Council’s guidelines. It is not considered that the desire of some adjacent neighbours to retain the application site as ‘open land’ equates to a significant loss of residential amenity. This issue is further examined in Section 5 below.

0 The proposed development will be out of keeping with the general area through its layout and through proposed two storey houses being adjacent to the existing single storey houses at Lanrig Road. Chryston will lose its existing character. The development does not integrate with the existing village.

Comment: The layout is acceptable in that houses front on to the internal road system and have angled frontages on to Lindsaybeg Road. Garden sizes are acceptable and there are links into both Lanrig Park and Lindsaybeg Road. Although the applicants have declined to incorporate any single or any 1 /* storey houses into their scheme, it is considered that the two storey houses will not harm the residential amenity of neighbouring residents or have an adverse effect on the character of the area. The residential development is deemed to be reasonably well planned and should integrate with the general area in an acceptable manner.

0 There should be a substantial wall separating the proposed and existing houses.

Comment: The proposed 1.8 metre high timber screen fence is a standard form of boundary division. This is considered appropriate, and a wall is not justified in this case.

0 There are title deed restrictions which do not allow housing on the site.

Comment: This is not a material planning consideration.

5. Observations and Conclusions

5.1 As required by Section 25 of the Town & Country Planning (Scotland) Act 1997, all planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In the consideration of this planning application, the key issues are the Local Plan zoning of the site; road safety; the naturally occurring methane gas within the vicinity and the relationship of the proposed development to adjacent houses.

Local Plan Zoning;

5.2 Under the terms of the Strathkelvin Southern Area Local Plan 1983, the site is identified as being within the Green Belt. The Northern Corridor Local Plan, which has now reached its final stage, identifies the site for new housing. This residential zoning reflects the site’s position within the ‘envelope’ of Chryston, with it being bounded by existing housing, the realigned Lindsaybeg Road and a municipal park.

5.3 In view of the date of the adopted Local Plan (1983) and the advanced stage of the Northern Corridor Local Plan, it is considered that the latter plan, with the new-build housing allocation, is a key material consideration in determining the application. Should it be the decision of the Council to grant planning permission, the application will require to be notified to the Scottish Ministers, due to the site’s Green Belt zoning in the 1983 adopted Local Plan, which remains the ‘development plan’ until it is finally replaced.

Road Safety:

5.4 It is proposed that speeds be reduced on Lindsaybeg Road through an extension of the 30mph limit past the proposed access point. Subject to this requirement, there are no road safety objections to the proposal. A planning condition can require that site works do not commence until the 30mph limit is extended.

Methane Gas:

5.5. Naturally occurring methane gas emanates from rockhead below the site and the local area. Site investigations have confirmed the problem and the developers, in consultation with North Lanarkshire Council’s Protective Services Section, have submitted remedial measures. These involve ensuring minimum disruption to the existing clay cap over rockhead, installing protective measures within individual houses to prevent the entry of gas, providing venting around houses and providing on-street column type ventilators at 25 metre intervals to generally lower methane gas pressures. 5.6 It is considered that the above measures are acceptable for the proposed houses and should ensure no worsening of the situation for adjacent residents.

Layout and Design

5.7 There has been pre-application negotiations with the applicants over density, layout and house styles through a developer produced ‘Development Brief‘, as required by the Local Plan process.

5.8 Miller Homes have declined to introduce single storey dwellinghouses into the development as requested by the local councillor and Chryston Community Council. It is not considered, however, that there are any over-riding reasons which require a change to the proposed 2 storey houses. The adjacent residents will experience some loss of their views and there will be some limited over-shadowing of parts of the existing gardens during the morning. There is, however, no legal right to a view in and the over-shadowing will only be temporary and marginal. Window-to-window distances exceed the normal minimum requirements and there will be no undue loss of privacy.

5.9 The proposed layout meets the North Lanarkshire Council’s standards, and it is considered that there is a reasonable degree of interest in the layout and variety in house styles proposed by Miller Homes.

Conclusion

5.10 The site is within the Chryston village envelope and has an appropriate zoning for new housing in the soon-to-be-adopted Northern Corridor Local Plan. The details of the proposal are acceptable, with due regard having been given to road safety, methane gas precautions and layout.

5.1 1 It is recommended that planning permission be granted, subject to Miller Homes entering into a legal agreement with the Council in respect of the financing of an upgrading of the existing play area within the adjacent Lanrig Park.

5.12 If the P & E Committee accepts this recommendation, the application will require to be notified to the Scottish Ministers since the proposed housing development constitutes a significant departure from the development plan. Application No: N/05/00432/0UT

Date Registered: 15th April 2005

Applicant : The Spark Initiative 20 Blackwoods Crescent Mood iesbu rn G69 OEN

Agent Waco Scotland 99 Bellshill Road Uddingston G71 7NT

Development: Construction of Children’s Nursery Building

Location: Community Building Chryston Church Blackwoods Crescent Moodiesburn

Ward: 67 Moodiesburn East and Blackwood West Councillor William Hogcl

Grid Reference: 269934670786

File Reference: N/05/00432/0UT

Site History:

Development Plan: The site is covered by residential policies in the Strathkelvin Southern Areas Local Plan 1983 and the Northern Corridor Local Plan (Finalised Draft) 2000.

Contrary to Development Plan: No

Consultations: Scottish Water (Com ments)

Representations: One Representation Letter

Newspaper Advertisement: Advertised on 20thApril 2005

Recommendation: Grant Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (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 provision of a play area;

(e) details of existing and proposed site levels. (f) the design and location of all boundary walls and fences; (9) the provision for loading and unloading of all goods vehicles; (h) the phasing of the development; (i) the provision of drainage works; (j) the disposal of sewage;

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

2. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.

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

3. That the development hereby permitted shall be started, either within five 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.

4. That the detailed/ reserved matters application required by condition 1 above shall cover; (a) a childrens play area, (b) off street parking, and (c) measures to reduce any loss of privacy to adjacent residents plus all other relevent matters specified in condition 1.

Reason: In the interests of residential amenity and road safety.

5. That no approval is granted by this outline permission for the nursery floor plan specified in drawing no. 705851-US-1 rev 4.

Reason: For the avoidance of doubt, and to ensure that the building is satisfactory in terms of size, window positions and door positions.

Background Papers:

Application form and plans received 22nd March 2005

Letter from Scottish Water received 6th May 2005

Letter from Mr & Mrs C Bothwell, 66 Marnoch Way, Moodiesburn, G69 OEJ received 8th April 2005.

Any person wishing to inspect these documents should contact Mr Martin Dean at 01 236 61 6459. APPLICATION NO. N/05/00432/OUT

REPORT

1. Description of Site and Proposal

1.I This outline application is for the construction of a children’s nursery on a 900 m2 area of open ground to the rear of the existing Honeypot Nursery at 20 Blackwoods Crescent, Moodiesburn. It is proposed that the existing nursery building be demolished and that the current vehicular access and parking area be used for the new nursery.

1.2 The application site is owned by North Lanarkshire Council and is being sold to the Spark Initiative.

2. Development Plan

2.1 Strathkelvin Southern Area Local Plan 1983: The site is covered by Policy E.PRO6 whereby the area is unaffected by specific proposals.

2.2 Northern Corridor Local Plan (Finalised Draft) 2000: The site is covered by general residential policy HG3.

2.3 The Structure Plan does not require to be referred to as the proposal does not raise any strategic issues.

3. Consultations and Representations

3.1 Consultation comments are as follows:-

0 Scottish Water: The applicant must make a separate application to Scottish Water for permission to connect to the public waste water system and the water network.

0 My Pollution Control and the Transportation Sections have no objections to the proposal.

3.2 One letter of objection has been received from a resident in Marnoch Way at the rear of the site, with the following points being raised :-

0 There is potential noise nuisance and loss of privacy to adjacent residents.

Comments: There will be some noise and activity associated with the proposed nursery and the anticipated proximity of the nursery building to the boundary may lead to a perceived loss of privacy for neighbours. While noting these potential problems it is considered that they are outweighed by the community benefit from the proposed improved nursery provision. Means of reducing any loss of privacy (i.e. through window positioning and heights) will be explored at the detailed planning application stage.

0 There is gas apparatus on or in the vicinity of the application site.

Comments: The developer will check the site for all services prior to works commencing. 4. Planning Assessment And Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 The emerging Local Plan acknowledges the need for community facilities, such as nurseries, in residential areas subject to there being no loss of residential amenity. The application site is fenced off and has no current community use. While noting that there may be some noise nuisance and a perceived reduction in privacy for adjacent residents, it is considered that this is outweighed by benefits to the local community from the proposed enlarged nursery.

4.3 Taking the above into account, it is recommended that outline planning permission be granted. Application No: N/05/00528/FU L

Date Registered: 7th April 2005

Applicant : David Bill 47 Avonbridge Drive Hamilton ML3 7EG

Development: Change of Use from Hairdressers Shop (Class 1) to Estate Agents (Class 2)

Location : 92 Cumbernauld Road M uirhead G69 9AB

Ward: 69 Chryston and Auchinloch Councillor Charles Gray

Grid Reference: 268171 669402

File Reference: N/05/00528/FUL

Site History:

Development Plan: The premises are covered by a general urban policy in the Strathkelvin Southern Area Local Plan 1983 and a shopping policy in the Northern Corridor Local Plan (Finalised Draft) 2000. Contrary to Development Plan: Yes

Consultations:

Representations: One Representation Letter.

Newspaper Advertisement: Advertised on 13th April 2005

Recommendation: Grant Subject to the Following Conditions:-

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

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

Background Papers:

Application form and plans received 6th April 2005

Letter from Hon. Secretary, Miss R Anderson, Chryston Community Council, 1 Neuk Avenue, Muirhead, Chryston, G69 9EX received 9th May 2005.

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616459. Representation Received From: Chryston Community Council APPLICATION NO. N/05/00528/FUL

REPORT

1. Description of Site and Proposal

1.1 The application is for change of use from a hairdresser shop (Class 1) to an estate agents (Class 2) at 92 Cumbernauld Road, Muirhead. The premises were last used in January 2005 and are contained within a row of units consisting of three shops, a carryout takeaway, a solicitors and a hairdressers. There is a public house and a restaurant on the upper floor.

2. Development Plan

2.2 The site and proposal is covered by the following policies :-

Strathkelvin Southern Area Local Plan 1983 :

0 E.PRO6: No specific development proposals.

0 SCI: Local shopping facilities - the Council will generally oppose any intended change of use which would involve the loss of an existing retail outlet.

Northern Corridor Local Plan (Finalised Draft) 2000 :

0 SCI: Protect and enhance existing local shopping areas - the Council will seek to maintain existing local centres by discouraging developments which could threaten their viability and vitality.

3. Consultations and ReDresentations

3.1 My Transportation Section has no objections. There is sufficient parkinglservicing to the rear of the building.

3.2 Chryston Community Council has objected to the proposal on the following grounds :-

0 The proposal will lead to the loss of a retail unit and in this respect is contrary to the local plan retail policy.

Comments: Although there will be the loss of a planning Class 1 (shop) unit (hairdressers is identified as a retail unit) it is not considered that there will be any loss of viability or vitality to the Muirhead Village Centre. The unit has been closed for a number of months; there are three existing shops in this edge-of-centre parade and the unit last traded as a hairdressers and, as such, was not a mainstream shop. In view of the above it is not considered that there will be any adverse effect on the local shopping area. This proposal is considered to be an acceptable departure from the local plan policy seeking to retain retail units.

0 There are already other estate agents in the vicinity.

Comments: There is a solicitor’s office four units from the application premises. It is not considered that this represents an accumulation of office uses which would lead to a loss of retail attractiveness. 4. Planning Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. Although the loss of a Class 1 retail unit is contrary to the 1983 Local Plan retail policy, it is considered that there are material considerations favouring the proposal - one of them being the terms of the more up-to-date Northern Corridor Local Plan. In addition, the unit has been out of use for a number of months, there are three other shops in the small row of units and there is not an actual loss of a ‘shop’ as the unit last traded as a hairdressers. It is not considered that the proposed estate agents will adversely affect the retail attractiveness of this part of the Muirhead Village Centre and it is recommended that planning permission be granted. Application No: N/05/00535/ADV

Date Registered: 7th April 2005

Applicant: Mitchells & Butler Ltd 27 Fleet Street Birmingham 83 IJP

Agent Ashleigh Signs Ltd Ashleigh House Marsh Street Rothwel I Leeds LS26 OAG

Development: Erection of Various Signs

Location: Craigmarloch Lodge 4 Auchinbee Way Cumbernauld G68 OEZ

Ward: 56 Balloch W, Blackwood E and Craigmarloch Councillor Barry McCulloch Grid Reference: 273996675459

File Reference: N/05/00535/ADV

Site History: Previous applications N/03/00038/ADV and N/97/00271/ADV were approved for the erection of advertising signs in similar locations at this site.

Development Plan: The site is covered by shopping policies in the Cumbernauld Local Plan 1993 Contrary to Development Plan: No

Consultations:

Representations : One Representation Letter.

Newspaper Advertisement: Not Required

Recommendation: Grant subject to the Standard Advertisement Conditions plus the Following Conditions:-

1. That if any of the signs hereby permitted is to be illuminated, the illuminated area of the sign shall comply with the A.P.L.E. Technical Report N0.5 "Brightness of Illuminated Advertisements".

Reason: In the interests of road safety.

2. That the signs shall have a minimum sideways clearance of 2 metres from the kerb face / channel line of the road, with no part of the sign post foundations intruding into the 2 metre road verge.

Reason: In the interests of road safety.

Background Papers:

Application form and plans received 7th April 2005

Letter of representation from Craigmarloch Community Council received 5th May 2005

Any person wishing to inspect these documents should contact Mr Craig Maclnnes at 01236 616464. APPLICATION NO. N/05/00535/ADV

REPORT

I. Description of Site and Proposal

1.I The application is for the display of various advertising signs at Craigmarloch Lodge, Auchinbee Way, Cumbernauld. The property is a restaurant located adjacent to Craigmarloch Roundabout. There are a number of existing advertising signs located adjacent to the roundabout on a grass area and positioned on the building itself.

1.2 The proposal is to replace an existing 4.5 metre high single post hanging sign with a new 3.8 metre high two posted sign. In addition various signs on the building are to be replaced new and a small directional sign is to be erected close to the entrance of the site. The proposed signs are designed to be eye-catching and are bold in colour.

2. Development Plan

2.1 The proposal does not contravene any of the relevant shopping policies within the Cumbernauld Local Plan 1993

3. Consultations and Representations

3.1 My Traffic and Transportation Section raise no objection to this proposal provided that the advertising signs are kept to a minimum distance of 2 metres away from the kerb face of Craigmarloch Roundabout.

3.2 A letter of representation has been received from Craigmarloch Community Council, making the following point :-

0 That the large replacement sign to be located adjacent to Craigmarloch roundabout will cause driver distraction at this busy site.

Comment: My Traffic and Transportation Section are satisfied that all the advertising signs are acceptable from a road safety viewpoint.

4. Planninn Assessment and Conclusions

4.1 The proposed signs are bold in colour and are designed to catch attention. An existing, larger, illuminated sign, displaying more information and measuring 1.5 metres higher than one of the proposed Lodge signs faces Craigmarloch roundabout advertising Tesco. It is located a similar distance away from the roundabout. This means that the largest of the proposed signs will not be out of place at this location, and, despite its bright colour, it will be no more distracting than the existing Tesco sign.

4.2 Despite the representation from the Community Council, I am satisfied that the proposed signs are suitable for this location and it is recommended that planning consent be granted. Application No: N/05/00594/FUL

Date Registered: 13th April 2005

Applicant: Mr & Mrs A Thomson Townhead Farm Kilsyth G65 OQE

Agent MacFarlane Smith Design 6 Garrell Grove Kilsyth G65 9PT

Development: Construction of a Dwellinghouse

Location: Site at Barr Braes South Barr Farm Old Coach Road Kilsyth

Ward: 64 Croy And Kilsyth South and Smithstone Councillor Francis Griffin

Grid Reference: 2721 86 677202

File Reference: N/05/00594/FUL

Site History:

Development Plan: The site is identified for new build housing in the Kilsyth Local Plan 1999.

Contrary to Development Plan: No

Consultations: NLC Leisure Services (Objection) Scottish Natural Heritage (Comments) Scottish Water (Com ments) Health and Safety Executive (Com ments) British Gas Transco (Comments) West of Scotland Archaeology Service (Comments)

Representations: One Representation Letter

Newspaper Advertisement: Not Required

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 starts existing and proposed cross sections and ground levels shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of amenity and for the avoidance of doubt.

3. That before the development hereby permitted starts, full details of the garden, including parking provision for four vehicles, shall be submitted to, and approved in writing by the Planning Authority.

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

4. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of amenity by ensuring that external materials are appropriate for the site and the general area.

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

Reason: In the interests of amenity by ensuring that boundary walls and fences are appropriate for the site and the general area.

6. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) an indication of replacement planting of any rock flora habitat; (e) details of the phasing of these works.

Reason: To ensure that the landscape is appropriate for the site and the general area.

7. That within one year of the occupation of the dwellinghouse all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under Condition 6 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.

Reason: In the interests of the landscape setting of the site. 8. That during and after construction no storage of building materials, or dumping of such materials, or ground maintenance refuse shall take place outwith the development site.

Reason: To protect the Site of Importance for Nature Conservation and adjacent habitats during and after development.

9. That the landscape details required by condition 6 above shall include a survey (by a suitably qualified person) of habitats potentially affected by the proposed development for any protected species (for example badgers).

Reason: To minimise risk to protected species and to ensure legal compliance with the requirements of the relevant legislation.

10. That before the development hereby permitted starts, full details of the vehicular access from the public road (including finishing works to the part constructed access) shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of driver and pedestrian safety and the visual amenity of the area.

11. That before the development hereby permitted starts, a site investigation survey shall be carried out in accordance with the requirements of British Standard Code of Practice BSI 01752001 and a report of this survey shall be submitted to the Planning Authority; the works required in order to remove or render harmless any potential contamination risks having regard to the adjacent former infill site, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure that any pollutants (associated with areas of unknown filled ground close to the application site) do not pose a risk to development.

Background Papers:

Application form and plans received 13th April 2005 Memo from NLC Leisure Services received 13th May 2005 Letter from Scottish Natural Heritage received 12th May 2005 Letter from Scottish Water received 6th May 2005 Letter from Health and Safety Executive received 18'h May 2005 Letter from British Gas received 25th April 2005 Letter from West of Scotland Archaeology Service received 25th April 2005 Letter from R Ricketts, 29 Barr Farm Road, Kilsyth, G65 ODD received 29th April 2005.

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616459. APPLICATION NO. N/05/00594/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for the construction of a house ty the east of Auchinstarry Quarry off Old Coach Road, Kilsyth. The proposed five bedroom, 1 /* storey house will sit approximately half- way up the steeply sloping grass and shrubed northern edge of the Kelvin Valley.

2. Development Plan

2.1 Kilsyth Local Plan 1999 :

HGI : New housing will be directed to this site and other sites identified within the Local Plan

2.2 The site is within the Barr Braes Site of Importance for Nature Conservation (SINC), although this is not reflected in the local plan policy map. Local Plan Policy NE9 states that there will be a general presumption against development which could affect a SINC, and that where development is to be approved appropriate nature conservation interests should be adequately protected or suitable replacement habitats or features should be provided.

2.3 The Structure Plan does not require to be referred to as the proposed development has no strategic implications.

3. Consultations and Representations

3.1 Summaries of consultation responses are as follows.

0 British Gas Transco: There is high pressure apparatus in the vicinity. It is essential no works or crossings of this high pressure pipeline be carried out until detailed consultation has taken place.

0 Scottish Natural Heritage: The proposed development is sited within the boundary of the Barr Braes and Kilsyth Marsh SINC. These SINCS have been designated for their unusual rock flora and their wetland flora, insects and breeding bird assemblages respectively. SNH considers that the proposed development could have adverse impacts on important natural heritage interests, but these impacts could be reduced to a satisfactory level through conditions and/or modifications. SNH therefore has no objections subject to recommended conditions and/or modifications.

0 Health and Safety Executive: No objections.

0 Scottish Water: There are no known public sewers in the vicinity of the proposed development. There are no public water mains in the immediate vicinity of the proposal, however it may be possible for a water supply to be made available from the public water network.

0 West of Scotland Archaeology Service: No known archaeological issues are raised by the proposed development. NLC Leisure Services: There is opposition due to the development’s location within the Barr Braes SlNC site. This site is designated as a SlNC due to the vegetation communities present. There is concern that a substantial length of the proposed access driveway has been dug out creating a very visible scar on the valley site. Due regard must be given to the development’s appearance from the important canal zone and Antonine Wall viewpoints.

3.2 My Pollution Control Section has pointed out that the site borders an area of unknown filled ground and has requested that a site investigation be carried out to assess any potential contamination risks.

3.3 One letter of objection has been submitted, with the following points being raised :-

e The proposed house will adversely affect an attractive sloping grass and shrubed area that contains many types of wildlife including deer, rabbits and birds. This area should be within a Kelvin Valley Countryside Park and should be part of the rural setting of the newly formed Auchinstarry Basin Marina.

Comments: The proposed house will have an adverse effect on the existing rural character of this part of the Kelvin Valley. The long standing zoning of the site for new build housing is however a key planning consideration and is judged to outweigh the disadvantages of urbanising this part of the Kelvin Valley and adversely affecting wildlife and habitat in part of the Barr Braes SINC.

0 The proposed house is over large and the area may be further affected in the future by additional housing.

Comments: Although the house is well designed in a simple manner it is larger than normal with a footprint of 255 square metres. This is over twice the size of the average new house yn the residential development on the adjacent upper area. The house is 1’/* storeys high (8 /* metres) and has five en-suite bedrooms. Although there is no current proposal by the applicant for further houses, such future development cannot be ruled out. As such the impact on this section of the Kelvin Valley may be intensified by future housing. It is therefore not considered reasonable to seek to reduce the impact of the currently proposed house by reducing its size.

e The site should be regarded as Green Belt in view of its location within the Kelvin Valley.

Comments: The site is zoned for new build housing in the Kilsyth Local Plan 1999. This is notwithstanding the fact that the steeply sloping site relates more clearly to the Kelvin Valley than to the built up area to the north of the site. As covered below, the new build housing zoning is a key planning consideration.

4. PLANNING ASSESSMENT AND CONCLUSIONS

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. Key material considerations for this important application are the urbanising effect on an attractive and prominent part of the Kelvin Valley, the effect on the setting of the new Auchinstarry Basin Marina and the adverse effect on wildlife and their habitat on this section of the Barr Braes SINC. These material considerations are not, however, considered to outweigh the Local Plan presumption in favour of residential development on the site. Most of the above features would already have been taken into account under the local plan process prior to the zoning of the site for new-build housing.

4.2 Having given the implications of this proposal careful consideration, it is recommended that planning permission be granted. Application No: N/05/0061O/FUL

Date Registered: 25th April 2005

Applicant: Lynn Knox 29 Reynolds Drive Cardowan Stepps

Agent CRGP Ltd 26 Herbert Street Glasgow G20 6NB

Deve I o pme nt : Alterations and Single Storey Extensions to a Dwellinghouse

Location: 29 Reynolds Drive Cardowan Stepps

Ward: 70 Stepps Councillor Brian Wallace

Grid Reference: 266857668358

File Reference: N/05/0061O/FUL

Site History: No relevant site history

Development Plan: The site is an identified housing site in the Northern Corridor Local Plan (Finalised Draft) 2000. Policies HG3 Retention of Residential Amenity and HG5 House Extensions apply.

Contrary to Development Plan: No

Consultations:

Representations: One Representation Letter

Newspaper Advertisement: Not Required

Comments:

This application is in respect of alterations and two single storey extensions to a detached house in Reynolds Drive, Cardowan, Stepps. The three elements of this proposal are : (1) the construction of a single storey rear extension measuring 4.0 metres deep by 7.4 metres wide; (2) the conversion of the existing garage to a dining room; and (3) the construction of a new attached single storey garage to the south side of the house, measuring 3.7 metres wide by 6.7 metres long.

The proposal is in accordance with the terms of the Northern Corridor Local Plan.

Two points have been raised by an objector, who resides at 12 Hall Place. One concerns the drainage of the surrounding land which already gets easily waterlogged, however the drainage requirements for this new development are covered by Building Control and are not a matter for assessment under this planning application. The second concern is that the proposed garage, by virtue of its design, will adversely affect sunlight in the garden of 12 Hall Place to the rear. Amended plans, however, have reduced the height and impact of the garage (leading to the withdrawal of an objection from 10 Hall Place) and it is not considered that there will be any significant impact from a 3.4 metre high pitched roof extension on a garden mostly over 15 metres away to the south-east.

It is recommended that permission be 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 match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area.

3. That before the development hereby permitted is commenced, the existing 1.8 metre high rear garden timber slatted fence shall be made close boarded, along the boundary marked BROWN on the approved plans.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 19th April 2005

Northern Corridor Local Plan Finalised Draft 2000

Letter from Mr & Mrs Maclnnes,l2 Hall Place, Stepps, G 6EE received 11th ,.AY 2005.

Any person wishing to inspect these documents should contact Mr Richard Cartwright at 01 236 61 6474. Application No: N/05/00678/FUL

Date Registered: 25th April 2005

Applicant: Dow Waste Management Auchinvole Castle Grounds Kilsyth G65 QSA

Agent Johnson Poole & Bloomer (Scotland) Ltd 50 Speirs Wharf Glasgow G4 9TB

Development: Establishment of a Waste TransferlRecycling Facility and the Storage and Maintenance of Heavy Goods Vehicles and Mobile Plant

Location: 23 Lenriemill Road Lenriemill Cum bernauld G67 2TY

Ward: 61 Carbrain West and Greenfaulds Councillor William Goldie

Grid Reference: 2761 00 673300

File Reference: N/05/00678/FU L

Site History:

Development Plan: The site is covered by Industrial Policies in the Cumbernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations: SEPA (Comments) SNH (Comments) Scottish Water (Comments) Representations: None

Newspaper Advertisement: Advertised on 4'h May 2005.

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. LENZlEM ILL 2. That the development and method of operations shall comply with the approved application Supporting Statement or such other scheme as is approved in writing by the Planning Authority and the Scottish Environment Protection Agency.

Reason: In the interests of amenity and public wellbeing.

3. That there shall be no incineration of waste materials on site.

Reason: In the interests of amenity and public wellbeing.

4. That before the development hereby permitted starts, a scheme of landscaping, including the Lenziemill Road and the railway boundaries treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

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

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

5. That in accordance with the landscape phasing approved under Condition 4 above or within one year of the commencement of operations (whichever is the sooner), all appropriate planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under Condition 4 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.

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

6. That before the development hereby permitted starts written confirmation of the acceptability of the sewerage scheme shall be submitted from Scottish Water.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the appropriate regulations and best practice.

Background Papers:

Application form and plans received 25th April 2005

Letter from Scottish Environment Protection Agency received 18th May 2005 Letter from Scottish Natural Heritage received 2dh May 2005. Letter from Scottish Water received 24‘h May 2005

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

APPLICATION NO. N/05/00678/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for the following developments at the 3.0 hectare site at 23 Lenziemill Road, Cum bernauld.

0 The establishment and operation of a waste recycling and transfer facility 0 The over night storage of the applicants’ heavy goods vehicles; 0 The temporary storage of mobile plants not on hire; The maintenance of heavy goods vehicles and mobile plant; 0 The relocation of the applicants’ staff from their existing premises at Kilsyth.

1.2 The site was last used for the manufacturing of corrugated cardboard packing boxes.

1.3 It is proposed that industrial and commercial waste be brought into the site and tipped into reception bins. It will then be loaded into a waste shredder with recyclable content being removed by various means including a magnetic separator, air and water separation and a picking station. The waste will be separated into two sizes of inert recyclable product, a ferrous product and the remaining non recyclable material which will be transported to landfill.

1.4 All waste recycling works will take place within the existing building. A small section of roof will be removed for safety reasons at the waste unloading area.

1.5 Landscape improvements are proposed at the Lenziemill Road and the railway boundaries of the application site.

2. Development Plan

2.1 Under the Cumbernauld Local Plan 1993 the site is covered by the following policy.

IBI: Defined “industrial area” where there is a presumption in favour of industrial and business development.

2.2 The Structure Plan does not require to be referred to as there are no strategic issues arising from the proposed development.

2.3 National planning policy on waste management is provided by NPPG 10 “Planning and Waste Management” and PAN 63 “Waste Management Planning”.

2.4 NPPG 10 states that “planning authorities have a duty to provide policies for suitable waste disposal sites in order to supply the land necessary for waste treatment and disposal to take place”.

2.5 PAN 63 gives specific guidance in respect of waste collection, separation and recycling facilities. In this regard paragraph 31 states that “general industrial areas, subject to the nature of existing uses, will be suitable, and it will rarely be necessary to select locations with any degree of precision.” 2.6 North Lanarkshire Council’s aim under its Local Agenda 21 concerning waste management is :-

0 “To minimise waste by re-use, recovery or recycling and to encourage a reduction in the use of packaging materials.

0 To secure arrangements for the safe management of waste in the most economic and environmentally acceptable manner and to dispose of residual waste in a manner which has a minimal effect on the environment”

2.7 The proposal is not in conflict with the relevant Area Waste Plan.

3. Consultations and Representations

3.1 Consultation responses are as follows :-

0 Scottish Environment Protection Agency : Issues including waste type, waste volume, noise and dust will be covered by the required Waste Management Licence.

0 Scottish Water : Subject to the developer demonstrating that the development will not have an impact on their assets, or that suitable infrastructure can be put in place to support the development, Scottish Water have no objections.

Scottish Natural Heritage : No objections on the basis that any local natural heritage interests are unlikely to be threatened by this proposal.

0 Traffic and Transportation Section : No objections

3.2 The application was advertised in the local newspaper. No letters of representation have been received.

4. Planninn Assessment and Conclusions

4.1 All planning applications require to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The proposed recycling and transfer facility is not in conflict with the Cumbernauld Local plan. The principle of the proposed development is also supported by national guidelines covering planning and waste disposal.

4.2 The application site is considered to be acceptable for a waste recycling centre and the applicants’ other proposed uses in that :-

0 The premises are in an established industrial area, The site is over 250 metres from the nearest house and there will be no loss of residential amenity, and 0 There is good road access links to the local and national road network.

4.3 It is recommended that planning permission be granted. Application No: N/05/00742/FUL

Date Registered: 6'h May 2005

Ap p Iican t : T-Mobile (UK)Ltd C/o Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Developmen t : Installation of a 20 Metre High Telecommunications Monopole with Associated Apparatus

Location: Territorial Army Centre, Glencryan Road, Carbrain Industrial Estate, Cumbernauld

Ward: 60: Carbrain East Councillor William Homer

Grid Reference: 276842674230

File Reference: N/05/00742/FU L

Site History: No relevant planning history on this site.

Development Plan: The site is zoned within an existing industrial / business area in the Cumbernauld Local Plan 1993. Policy IBI presumes in favour of industrial and business development.

Contrary to Development Plan: No

Consultations:

Representations: None

Newspaper Advertisement: Not Required

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 telecommunications monopole and attached equipment hereby approved shall be finished in galvanised grey metal, and the associated ground cabinet and palisade fencing in a dark green colour.

Reason: In order to minimise the visual impact of the development 'roduced by NR5m0742FU Ilannlng and E nvironmerd Department T Mobile (UN Ltd 'leming House p."- !Tryst Road Territorial Army Centre Zkkp$ XMBERNAULD Glencryan Road Cumbernauld ;871 JW Installation of a 20 Metre High Monopole u,wuIT.* ,011 "I "I1IIIX. *11,., II*,IIII lllh with Associated Telecommunications Apparatus I. ,.m,,<$,me#,* ia,di.ldnn, ,2a,.,v& .oi 01236 6182,0 Fax,0,238 818232 OWIVLR

Reason: To ensure the reinstatement of the site to a satisfactory condition, in the interests of visual amenity.

Background Papers:

National Planning Policy Guideline NPPGI 9 Radio Telecommunications, 2001 Planning Advice Note PAN 62 Radio Telecommunications, 2001 Cumbernauld Local Plan, 1993

Memo from NLC Community Services Department, rtceived 16'h May 2005 Memo from NLC Education Department, received 16 May 2005

Any person wishing to inspect these documents should contact Richard Cartwright at 01236 61 6474. APPLICATION NO. N/05/00742/FUL

REPORT

I. DescriPtion of Site and ProPOsal

1.I The application site lies to the rear of the Territorial Army Centre building, on the south side of Glencryan Road and within the Carbrain Industrial Estate. To the south of the site is the TA Centre car park, the railway and beyond this a sloping embankment with trees. To the west are other properties wirthin the Industrial Estate and to the east lies open land rising to a dual carriageway which has lamp columns approximately 10 metres high, with Cumbernauld High School beyond. The nearest housing is situated 115 metres to the northwest side of Glencryan Road. The nearest schools are Carbrain Primary School 400 metres to the northwest, and Cumbernauld High School some 270 metres to the northeast.

1.2 It is proposed to erect a 20 metre high telecommunication monopole for T-Mobile, incorporating 2 dishes and 3 antennas at the top of the pole. This height is required at this site because of the low lying ground, in order to give the required signal to the rising residential areas to the north. Free- standing equipment and meter cabins would be situated within a fenced compound alongside the pole, just to the south of the TA Centre building. An ICNIRP Certificate has been submitted with the application, declaring conformity to radio frequency public exposure guidelines.

2. DeveloPment Plan

2.1 The site is zoned within an existing industrial / business area in the Cumbernauld Local Plan 1993, for which Policy IBI applies and presumes in favour of industrial and business development.

2.2 It should be noted that there is no specific telecommunications policy in the Cumbernauld Local Plan.

3. Consultation and Rewesentations

3.1 North Lanarkshire Council’s Community Services Department have made no objection to the proposal.

3.2 North Lanarkshire Council’s Education Department have noted a general concern regarding the installation of telecommunications antennae in the vicinity of schools, in view of the danger perceived by the school community and that this may affect parental choice of schools.

Comment: The applicant has submitted the required ICNIRP declaration of conformity with the guidelines of the EU International Commission on Non-Ionizing Radiation Protection. Scottish Executive guidance in NPPGl9 Radio Telecommunications states that with this Declaration submitted to demonstrate that the known health effects have been properly addressed, Planning Authorities should not treat radio frequency emissions as a material consideration in the assessment of an application. The nearest schools in this case are Carbrain Primary School 400 metres to the northwest, and Cumbernauld High School some 270 metres to the northeast and so the concern of the Education Department is not seen as particularly justified for this application.

3.3 No third party letters of representation have been received on this application.

4. Plannina Assessment and Conclusions

4.1 This application must be assessed firstly against government planning policy and advice as set out in National Planning Policy Guideline NPPG19 and Planning Advice Note PAN62, both on Radio Telecommunications. NPPG19 states (paragraph 65) that where applicants have properly considered siting and design options and minimised any environmental effects, refusal is unlikely to be warranted. The proposed site within an industrial estate has been chosen as the best available option to provide 3G telecommunications coverage to Carbrain. The application site is relatively well distanced from housing and schools (paragraph 1.I gives details). The proposed streetworks monopole would be partially hidden behind the Territorial Army and other industrial estate buildings and by the embankment with trees to the south. The advice of PAN62 on considering options and minimising visual effects has been followed.

4.2 The main development plan policy for the assessment of this application is Policy IB1 , which presumes in favour of industrial/ business development proposals in industrial areas such as this. In addition, Policy HG4 applies to land to the north of Glencryan Road and seeks to protect the amenity of residential areas. These policies are considered to be followed by the current application, and the application is therefore considered to accord with the development plan.

4.3 In summary, this application follows the relevant national planning policy and advice and meets the requirements of the development plan. The key issues of visual amenity and location have been assessed and found to be satisfactory. In terms of the associated ground based compound which would be located alongside the monopole, I am satisfied that there would be no significant visual or other impact. In conclusion, it is recommended that planning permission be granted subject to appropriate conditions to control appearance and require the removal of the equipment in the event of it becoming redundant. Application No: C/04/01705/MIN

Date Registered: 23rd September 2004

Applicant: Kilgarth Development Company 68-82 Boden Street Glasgow G40 3PX

Agent lronside Farrar Ltd 12 Gayfield Square Edinburgh EH1 3NX

Development: Winning of Materials and Associated Land Engineering Operations and Landscaping to Secure Remediation of the Former Kilgarth Landfill Site (with Access taken through the Gartcosh Industrial Park)

Location : Land To North Of Former Kilgarth Landfill Site Gartgill Road Coatbridge Lanarkshire

Ward: 33 North Central And Glenboig

Grid Reference: 2721 33 667874

File Reference:

Site History: No significant history within application site. Adjacent Kilgarth Landfill Site operated from 1941 to 2000.

Development Plan: Zoned as Greenbelt within the Monklands District Local Plan 1991

Contrary to Development Plan: No

Consultations: NLC Community Services (Comments) Scottish Executive (No objections) Scottish Natural Heritage (Com ments) West of Scotland Archaeology Service(Comments) Scottish Environment Protection Agency(Comments) Scottish Water (No Objections) Health and Safety Executive (No Objections) British Gas (Comments) Scottish Power (No objections) Network Rail Scotland (Comments) British Telecom (No Objections) Gartcosh Community Council (Com ments)

Representations: None

Newspaper Advertisement: Advertised on 6th October 2004 'roduced by 'ianning and Environment Depaltment Planning Application NO C/04/01705/MIN 'leming House &shire :Tryst Road Winning of Materials and Associated Land Engineering Operations Couodi JJMBERNAULO and Landscaping to Secure Remediation of The Former Kilgarth 371 JW Site (With Access Taken Through The Gartcosh lndustriual Park) ReVCd*d Iorninordnama swqmarpm win m P",I.i~nbfMCCr"I,ern~~~~,~~~ rei. 01236 616210 Fax. 01236 616232 Land To North of Former Kilgarth Landfill Site Sld,maWDlFB ecrmuncopy,,gnt to scale "nlutmo.ed,gmd"rl,m ,*,qacrw. coPY"Qhl Gartgill Road, Coatbridge lld mwl€adl~pmx"llaOrCl"llLIO-,?a1 IS Licence 100023369 2004 Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within one year of the date of this permission or any other reasonable timescale agreed in writing by the Planning Authority.

Reason: To ensure the timeous implementation of the development so as not to interfere with the management of the Great Crested Newts and so as not to hinder the development of the Gartcosh Industrial Park.

2. That the excavation and infill works hereby permitted shall be completed within 12 months of the commencement of the works, confirmation of which shall be provided in writing to the Planning Authority. Within 18 months of the start date, any buildings and machinery shall removed from the site and all works relating to the restoration of the site (as agreed under the terms of condition 11 shall carried out in full.

Reason: To ensure that the development is not carried out over a prolonged period to protect the amenity of nearby houses and communities.

3. That the applicantloperator shall give at least one week written notice to the planning Authority of the intention to commence work.

Reason: To enable the Local Planning Authority the opportunity of monitoring the development.

4. That before any works commence on site (or on any individual phase of the development) the applicantloperator shall demonstrate to the satisfaction of the Local Planning Authority by way of a copy of a signed contract (or extracts thereof) demonstrating that sufficient inert materials are being made available to cater for the needs of the entire site, or individual part of the site, for infill purposes. For the avoidance of doubt, all infill material shall be inert.

Reason: To ensure that all excavated areas are not left unfilled for a prolonged period in the interests of visual amenity and safety.

5. That the development shall be implemented in accordance with a phasing plan which shall be submitted to and agreed in advance by the Local Planning Authority.

Reason: To ensure a minimum possible impact on the environment at any given time.

6. That before the development hereby permitted starts, full details of the location of the temporary contractors’ site compound and all temporary stockpiles of soils and any other materials shall be submitted to the Planning Authority for its prior approval.

Reason: To define the permission and in the interests of protecting the visual amenity of the area and its nature conservation value.

7. That before any works commence on site, a detailed survey of protected species shall be carried out within the site. The nature and extent of the survey shall be agreed in advance with the Local Planning Authority. Thereafter, the developer/operator shall implement the terms of any necessary mitigation measures as agreed with the Local Planning Authority. Reason: In order to obtain adequate information on and afford adequate protection to protected species in the interests of nature conservation.

8. That before any works commence on site, full details of the exact location and means of crossing the watercourse by the haul road to the south of the GlasgowlCumbernauld railway line shall be submitted to the Local Planning Authority.

Reason: To ensure the submission of adequate details in the interests of protecting nature conservation interests.

9. That before development starts, a detailed drainage strategy, including full details of the location and design of the surface water drainage scheme to be installed within the application site both during the operation phase of the development and the as part of the restoration scheme shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the principles of Sustainable Urban Drainage Systems (SUDS).

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

10.That before any excavation works take place within 150m of Gartgill Road, geotechnical information shall be submitted to the Local Planning Authority for its prior approval which demonstrates that the workings will have no adverse impact on the safety and structural stability of the public road.

Reason: In the interests of public safety.

11.That before any works commence on site, a detailed restoration and aftercare plan shall be submitted to the Local Planning Authority for its prior written approval. In particular, the information shall include the following information:

0 Details of contours before and after the development, and for the avoidance of doubt, the final levels should be integrated into the surrounding landform, and the final heights should not exceed existing levels.

0 The scheme should allow for habitat creation.

0 The applicant must demonstrate that habitat creation more than offsets any loss of ecological value as a result of the excavation works and ancillary operations.

0 Details of site aftercare for a period of 5 years from the date of completion of the restoration scheme.

Reason: To ensure the submission of adequate information in the interests of visual amenity, site management and nature conservation.

12.That following the completion of the restoration scheme as outlined by conditions 2 and 11, the aftercare scheme required by condition no. 11 shall be in place.

Reason: To ensure the proper management of the restored site in the interests of nature conservation and the amenity of the area. 13.That before any works commence on site, the applicant shall appoint an ‘Ecological Clerk of Works’ which shall be a person or body suitably qualified in ecological matters. The remit of the ‘Ecological Clerk of Works’ shall be agreed with the Local Planning Authority prior to the appointment being made, but this shall include the co-ordination of all works with implications for nature conservation within the site and to monitor and ensure the satisfactory implementation of all related works.

Reason: To ensure the proper implementation of all related works in the interests of nature conservation.

14.That hours of operation shall be restricted to Monday-Friday between 7000 and 1900 and Saturday from 7000 to 1200. For the avoidance of doubt, there shall be no working outwith these times or within Public Holidays. Any essential maintenance of plant or machinery shall not take place outwith these times unless agreed in writing in advance by the Local Planning Authority.

Reason: To define the permission and to protect the amenity of nearby communities.

15.That noise levels emanating from the site caused by excavation and associated operations, including transport and maintenance operations, shall not exceed 55dB Laeq (1 hour) at noise sensitive properties, with the exception of noise levels caused by soil stripping and the creation of bunds which should not exceed 70dB Laeq (1 hour) at any noise sensitive property for a period not exceeding 8 weeks.

Reason: To ensure that noise limits are within set limits in order to protect the amenity of nearby houses.

16.That before any works commence on site, a detailed Method Statement should be prepared and agreed with the Local Planning Authority to ensure adequate control of airborne particulate on amphibians, other sensitive habitats and nearby residential properties. The agreed works shall thereafter be implemented in full during the operational and restoration of the site.

Reason: In order to minimise dust impacts in the interests of residential amenity and nature conservation.

17.That unless otherwise required by the terms and conditions of this planning permission, all the nature conservation mitigation measures contained within the reports entitled Environmental Appraisal Reports (Volumes 1,2 and Supplementary Report) and Phase 1 Habitat Survey of Extended Area shall be implemented in full.

Reason: In order to protect the nature conservation interests within and adjoining the site.

18.That before the development hereby permitted starts, the applicant shall secure the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant, and approved by the Planning Authority in consultation with the West of Scotland Archaeology Service as appropriate.

Reason: To enable an archaeological evaluation of the site to be carried out.

19.That before the development hereby permitted starts, a written archaeological mitigation strategy shall be submitted to the Planning authority for its approval (in consultation with the WofSAS and other interested bodies). This will include details of and proposals for the long term protection and retention of any suitably important discoveries made during the evaluation and for further archaeological investigations found necessary following the results of the evaluation. Reason: To allow for the protection and retention of sites of archaeological interest. 20.That before any works commence on site, the applicant shall, by means of appropriate measures agreed with the Local Planning Authority in advance, close off the existing vehicular access point to the site from Gartgill Road, and for the avoidance of doubt, all traffic shall enter the site via Junction 2A of the M73.

Reason: To define the permission in the interests of road safety and amenity of nearby communities.

21 .That before any works commence on site, details of the location and specification of a wheel wash facility, for use by lorries leaving the site, shall be submitted to the Local Planning Authority for its agreement and this facility shall be in place and available for use for the lifetime of the development.

Reason: To assist in keeping public roads clear of mud and debris in the interests of road safety.

NOTE TO COMMITTEE

If granted, the planning permission will not be issued until:

An agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 has been concluded with the applicant and a Bond of Caution in respect of site restoration and aftercare. andlor

Section 69 Agreement: An Agreement under Section 69 of the Local Government (Scotland) Act 1973 has been concluded with Glasgow City Council in respect of site restoration and aftercare.

Background Papers:

Application form and plans received 22nd September 2004

Memo from Transportation Section received 31st May 2005 Memo from Geotechnical Team Leader received 25th October 2004 Memo from Protective Services Section received 25thJanuary 2005. Memo from NLC Community Services received 19th October 2004 and 18'h May 2005 Letter from Scottish Executive Roads Directorate received 29th October 2004 Letters from Scottish Natural Heritage received 31'' May 2005 and 25'h October 2004. Letter from West of Scotland Archaeology Service received 24th November 2004 Letter from Scottish Environment Protection Agency received 29th December 2004 Letter from Scottish Water received 25th October 2004 Letter from Health and Safety Executive Letter from British Gas received 19th October 2004 Letter from Scottish Power received 27th October 2004 Letter from Network Rail received 24th November 2004 and 1Oth March 2005. Letter from British Telecom received 20th October 2004 Letter from Gartcosh Community Council received 8th November 2004 Any person wishing to inspect these documents should contact Mr Lindsay Kellock at 01236 812379. APPLICATION NO. C/04/01705/FUL

REPORT

1. Backnrou nd

1 .I The Kilgarth Landfill Site was operated from 1941 to 2000 by Glasgow City Council (GCC) accepting for the most part household-refuse. Although small areas of landscaping were undertaken in 2001, the most significant and important part of the restoration process (the creation of an impermeable cap over the site) has still to be carried out. GCC is under obligation from SEPA to complete the restoration works by early 2006. The initial design of the landfill site was, in 1941, well short of the standards which would apply today, and the lack of a proper base layer to the site has, along with the lack of capping layer, allowing water to enter the site material before being released into the surrounding environment in a polluted state.

1.2 Vehicular access to the operational site was from a point on Gartgill Road close to the railway crossing. Lorries were either routed southwards through the residential streets of Townhead or northwards over the railway crossing onto the rural roads towards the A80. Clearly, both routes had serious shortcomings in terms of amenity and safety.

1.3 In discussions between the Council and GCC, it was clear that the restoration of the landfill site would necessitate a significant number of lorry movements through north Coatbridge and into the site. The proposed restoration scheme was judged to be of a nature and scale which in itself merited the submission of a planning application. Without wishing to pre-judge an application of that nature, concern was expressed at the impact of considerable lorry traffic on the amenity and safety of the residential area.

2. Description of Site and Proposal

2.1 Partly in response to the concerns noted above, GCC, Railway Engineering Associates and Scottish Enterprise Lanarkshire (owner of the Gartcosh Industrial Park) have come to an agreement which will aims to (amongst other things) facilitate the restoration of the landfill site whilst avoiding adverse traffic impacts on local communities. It is proposed to remove an average of 3m of mostly peat material, extending over an area of around 13.8ha, equating to 420,000m3. The area of excavation is located immediately to the north of the former landfill site. This material would then be used to assist in capping the former landfill site. Thereafter, inert material would be brought into the site and used both to infill the void and also to add further capping layers to the former landfill site. The workings would be phased, whereby peat material would be removed in sections, before being infilled with imported inert material sourced from construction sites. It is important to note that this application relates only to the above noted excavation and infill works adjoining the landfill site. The actual restoration works to the former landfill site do not form part of this application, as they are deemed to be works ancillary to the landfill operation.

2.2 Vehicular access would be taken from junction 2A of the M73, through the as yet undeveloped Gartcosh Industrial Park, under the GlasgowlCumbernauld railway line (through an existing under bridge) and towards the extraction area. The entire operation would be complete within 1 year. The site would be restored to its original ground levels to a mixture of grass, woodland and ponds, which would be designed with habitat creation in mind.

2.3 At present the proposed excavation area is comprised mainly of rough grazing with an area of standing water at its southern edge and an area of woodland on the eastern edge. Both the former Kilgarth landfill site and the proposed excavation area is contained within a triangle of railway lines. Immediately to the east of the site is a public right-of-way which connects Gartgill Road with Glenboig and also acts as the vehicular access for Viewfield Cottage 100m to the north of the site (which would be vacant during the operations). This path runs alongside the Cumbernauld/Motherwell railway line. To the north, the workings would be set back at various distances (ranging from 20 to 100m) from the Glasgow-Cumbernauld railway line. At its closest point, the excavation area would be 350m from Glenboig and 450m from Townhead. Other isolated houses nearby include Viewfield Cottages (100m to the north of the site) Beech Cottage (250m to the south-east). As noted above, lorry traffic would pass through the Gartcosh Industrial Site, which is owned and being marketed by Scottish Enterprise Lanarkshire. Whilst access and landscaping works have already taken place, there has yet to be any built development within the Gartcosh site. Part of the initial preparatory works comprised the creation of a local nature reserve in order to accommodate the Great Crested Newts which are protected under international law. As part of the planning application currently under consideration, the access haul road would traverse that part of the nature reserve to the south of the railway. In addition to planning permission, these works would be overseen by the Gartcosh Strategic Development Site Project Implementation Group (also known as the ‘PIG’ Group) which comprises representatives of NLC, SNH and SEL. Also, any works which may affect the Great Crested Newts within that area would have to be carried out in accordance with the terms of the special licensing arrangements (issued by the Scottish Executive for such matters). Finally, around 5,000m2 of the site at its north-west corner would impinge into an area which has been identified by the Council as a Site of Interest for Nature Conservation.

3. DeveloPment Plan

3.1 The Monklands District Local Plan 1991 identifies the site as being within the Green Belt. In particular, Policy GBI (Restrict Development in the Green Belt) states that no development will be permitted except for new houses in connection with forestry or agriculture, non-residential developments in connection with forestry or agriculture, uses requiring a rural location or areas identified as having substantial development potential.

3.2 Given that part of the proposal involves the removal of peat (a mineral) Policy MINI (Mineral Extraction) is relevant. This states that the Council will limit extraction areas to (amongst other things) sites within an area identified as the “Devastated Landscape”. Whilst the application site is outwith this area, the policy states that exception can be made where workings would significantly improve an area’s amenity, environment and/or safety. Also, by virtue of the infill element of the proposal. Policy WDRI (Landfill and Refuse Disposal) is relevant. Again, this restricts such workings to within the “Devastated Landscape” but makes similar exceptions to those stated above i.e. amenity, environment andlor safety.

3.3 Policy Min 4 (Peat Extraction) states that the Council will “discourage the opening of further peat workings”.

3.4 The Local Plan classifies rural areas into 5 different landscape qualities ranging from ‘high quality’ to ‘devastated’. The site is identified as ‘Low Quality’, this being second lowest. Accordingly, policy L11/4 (Landscape Improvement) states that the Council will promote the protection and improvement of the landscape, that mineral extraction will only be approved in exceptional circumstances, and only if it can be shown that significant landscape enhancement would result, that the workings would be screened completely from main roads and built up areas.

3.5 Although the Consultative Draft Council wide Local Plan is not due to be published until later this year, the Council has already undertaken an extensive consultation exercise. As part of that exercise, it should be noted that Railway Engineering Associates has made a submission suggesting that an area at Kilgarth should be identified as a potential rail-freight facility.

3.6 Given the size and nature of the development, it is considered to be of strategic importance and should therefore be assessed against the ‘Glasgow and the Clyde Valley Joint Structure Plan 2000’. Strategic Policy 9 (Assessment of Development Proposal) is relevant. This requires developments to be proven against criteria of need, location and infrastructure. Any development which fail to meet one or more of these criteria are judged to be contrary to the plan but can be proven to be acceptable if they meet the terms of Strategic Policy 10 (Departures from the Structure Plan).

4. Consultations and Representations

4.1 SNH In its initial comments on the planning application, SNH did not formally object to the proposal, but nevertheless expressed concern at the lack of survey work carried out in some areas. The applicant thereafter submitted information designed in part to address these concerns. In response, SNH has commented as follows:

0 SNH are still uncertain as to the overall benefits of the proposed use of on-site soil forming material, and thus the winning of the raised peat bog.

It should also be noted that the extraction of the peat would result in the destruction of an area of habitat listed in Annex I of Council Directive 92/43/EEC of the Conservation of Natural Habitats and of Wild Fauna and Flora. This habitat also has a North Lanarkshire Biodiversity Action Plan specifically for it, which along with the Nature Conservation (Scotland) Act 2004 places certain biodiversity duties on the Local Authority.

0 SNH recommends strongly that comprehensive surveys, showing full species details are obtained prior to decision being made on this application.

0 SNH would suggest further detail and consultation is required in relation to the creation of replacement habitat which should aim to at least replicate the loss of peat.

0 SNH feel that the full magnitude of any impacts have still not been completely quantified.

4.2 In order to address these concerns, SNH has asked that the following works are carried out:

0 Full details of the proposed access routes,

0 Protected Species Surveys

0 All inert material must be of a suitable form and type to allow the establishment of replacement habitats.

0 Further details of the restoration plan should be determined in consultation with the Local Authority, in consultation with the appropriate consultees such as SNH and GPlG

4.3 NLC Community Services NLC does not object in principle to the development, but as with SNH has expressed concern at the quality and extent of some of the information which accompanied the planning application. It has recommended that should planning permission be granted, that the following matters be addressed:

0 Additional habitat creation should be incorporated within the restoration plan

0 Additional studies should be carried out of protected species including Great Crested newts and badgers and water voles. 0 A detailed landscape plan should be produced for the restored site prior to works taking place.

An Ecological Clerk of Works should be appointed for the construction of the haul roads and the extraction of the peat.

0 Further details required of proposed crossing point of the watercourse between the Gartcosh and Kilgarth sites

4.4 Gartcosh Strategic Development Site Project Implementation Group (PIG) The ‘PIG’ group (see paragraph 2.3 above) has concluded that the likelihood of adverse impacts on the Gartcosh Nature Reserve (GNR) are quite low but only if planning conditions recommended below are implemented:

0 Works (affecting the railway junction zone of the nature reserve must 16‘h May must be completed prior to April 2006 in order to comply with separate licensing arrangements relating to the Great Crested Newts.

0 Temporary amphibian fencing should be erected around the perimeter of the haul road.

0 Habitat restoration proposals should be prepared and agreed with the ‘PIG’ Group prior to any works commencing on site.

0 A Method Statement should be prepared and agreed with the ‘PIG’ Group prior any works commencing on site to ensure adequate control of airborne particulate to prevent direct impacts on amphibians and habitat quality.

0 Heritage Environmental Ltd should be appointed as Ecological Clerk of Works to oversee and approve environmental management of the proposed works.

4.5 The ‘PIG’ group also suggest that SEL, as landowner of the nature reserve, seeks a Minute of Agreement with the applicant that ensures that prior to works commencing the developer is required to provide a bond or deposit equal to the value of the habitat restoration proposals.

4.6 Transportation Section and Scottish Executive Trunk Roads Network Management Division: Both have no objections subject to wheel washing facilities being provided on site.

4.7 NLC Traffic and Transportation (Geotechnical Team Leader): 0 The possibility of Gartgill Road being affected by the operations should be investigated.

0 The applicant should provide a full drainage strategy for the restored site.

4.8 Protective Services Section: In a detailed response, the Protective Services Section sought clarification on the following matters :

0 The developer has failed to provide a technical argument in support of the sustainability argument of winning peat to assist in the restoration of the landfill site.

0 The impact of the development on hydroIogy/hydrogeoIogy requires further consideration. 0 The suitability of using peat as a restoration material has not been discussed.

e Further clarification is required to back the developer’s claim that the development will reduce the impact of lorry traffic on the wider area.

4.9 The Health and Safety Executive The HSE has confirmed that the development is within the consultation distance of a high- pressure gas pipeline. However, on examining the proposal, it has not objected to the planning application subject to further detailed discussions with the developer.

4.10 Network Rail Network Rail has assessed the development and its likely impact on rail infrastructure, including the use of the under-bridge by lorry traffic and the excavation areas in proximity to the railway lines. It has no objections to the planning application subject to detailed requirements designed to ensure rail safety.

4.1 1 Transco: As with HSE above, Transco does not object to the proposals subject to the applicant making proper arrangements to identify and protect the high-pressure gas pipeline.

4.12 West of Scotland Archaeology Service: WoSAS is satisfied that the applicant has assessed archaeological impacts properly. Should planning permission be granted, it has asked that a planning condition be attached requiring a programme of archaeological works to be submitted and carried out.

4.13 Scottish Power: SP Distribution have no objections in principle but advise that there is apparatus within the area. It would be the developer’s responsibility to relocate any andlor protect apparatus should this be necessary.

4.14 Scottish Water: No objection.

4.15 Gartcosh Community Council: The Community Council has no objections subject to the following points being addressed:

Access only to be taken tolfrom the M73 junctions 2A and 2B

Wheel and chassis wash facility to be provided.

All lorries to be sheeted.

Local roads to be cleaned on a regular basis.

Start and completion dates for the development to be advised.

Names/addresses/telephone numbers of contractors to be provided where complaints may be made. 5. Planninn Assessment and Conclusions

5.1 Development Plan: Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that in making any determination under the Planning Act, regard has to be had to the development plan. In particular, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. In this instance, the development is considered to be of strategic importance, hence the planning application will be assessed against both the Local Plan and Structure Plan. The site is identified within the Monklands District Local Plan 1991 as being within the Green Belt, and the development does not appear to match the criteria listed in Policy GBI (Restrict Development within the Greenbelt). In terms of policy Min 1 (Mineral Extraction) and WDRI (Landfill and Refuse Disposal) it could be argued that the proposal may qualify as an acceptable exception in that it would offer some benefits to the amenity, safety and the environment of the area. In particular, it could be argued that the development meets these requirements in that it would facilitate the restoration of the landfill site, would allow for the removal of an area of contaminated peat and would divert significant lorry traffic away from nearby residential areas. Finally, the development would be seen to be contrary to policy Min 4 (Peat Extraction) which ‘discourages’ the opening of further peat workings, although this policy does not outline which exceptions may be appropriate.

5.2 In terms of the development’s compliance with the Glasgow and the Clyde Valley Joint Structure Plan, Strategic Policy 9 (Assessment of development Proposals) is relevant. I have assessed the development against relevant elements of this policy as follows:

0 B(i): Safeguard investment into strategic development opportunities: In this instance, the Gartcosh Industrial Site is identified as a ‘Nationally Safeguarded Inward Investment Location’. Bearing in mind SEL’s involvement in this planning application as well as the development of the Gartcosh Industrial Park, it is clear that SEL does not see any conflict between the 2 developments. However, the timescale of the development is likely to be a crucial factor in this respect, as any delay could interfere with future development at Gartcosh.

0 B(ii) b (Promote Urban Regeneration): It is felt that the proposed development (given its temporary nature over a relatively short period of time, the relatively contained nature of the site, the nature of the restoration proposals and the facilitation of the restoration to the Kilgarth Landfill Site) allows the development to comply with this part of the policy which seeks to safeguard the Green Belt.

0 B(iv) Safeguard Environmental Resources: Whilst the development will impact on part of the Gartcosh Nature Reserve and a ‘SINC’ and is in close proximity to protected species, planning controls (as well as additional regulation administered through licensing arrangement relating to the Nature Reserve) will afford these resources proper protection.

0 C (Infrastructure): As noted in subsequent paragraphs within this report, a detailed assessment of the impacts of the development in terms of drainage, archaeology, transportation and other infrastructure matters has shown that the development can be operated without any significant adverse impacts.

5.3 In concluding the fit of the proposal against the terms of the current Development Plan, it is noted that it complies with the relevant sections of Policy 9 within Structure Plan. In terms of the Local Plan, it is noted that policies relating to the Green Belt and peat extraction presume against the development. However, other policies relating specifically to extraction and infill operations make allowances for developments such as this. On balance, therefore, I would suggest that the development is in accordance with the Development Plan, and accordingly, planning permission should be granted unless there are any other material considerations (discussed in subsequent paragraphs) which suggest to the contrary.

5.4 Traffic and Transportation The development itself will generate many traffic movements. The fact that the development takes access directly onto junction 2A of the M73 (thus avoiding residential areas) means that impacts on road safety and residential amenity will be limited. The Scottish Executive Trunk Roads Directorate, the Transportation Section and the Gartcosh Community Council are all satisfied with the development in this respect subject to conditions. The only other alternative in terms of vehicular access to the site would be from Gartgill Road, and it is clear that such an option would have significant and adverse impacts on the local community in terms of amenity and safety. It should be noted that the planning application does not offer any significant reduction in terms of traffic numbers, but that it is the routing of the traffic which is the key issue. In concluding the issues of traffic and transportation, I would give considerable weight to the benefits of the access arrangements in assessing this proposal.

5.6 Visual Impact In terms of the visual impact of the development, it is noted that the site is well contained and there are little or no views of the extraction are from adjoining communities. Only users of the adjoining railway lines and public-right-of way would be particularly affected by the operations, Given the level of usage of the railway and adjoining path, the phased nature of the operations and the relatively short timescale involved, I am satisfied that any adverse visual impacts should be within acceptable limits.

5.7 DustlNoise Being relatively remote from concentrations of population, impacts of dust and noise are likely to be limited in nature. The developer will be required to carry out mitigation measures in this respect to ensure that affected properties will not suffer unduly. These matters can be controlled by condition.

5.8 Nature Conservation The proposed development raises a great many potential issues relating to impacts on nature conservation interests, including the removal of an area of peat (part of which is identified as a Site of Interest for Nature Conservation); the traversing of the Gartcosh nature reserve (containing Great Crested Newts, a protected species), the incursion of the workings into part of a SINC, the creation of a bridge over a burn containing water voles, and the presence within the site of badgers. Whilst such a comprehensive list may suggest that nature conservation concerns could be insurmountable, it is noted that those with an nature conservation remit (SNH, NLC Community Services and the Gartcosh ‘PIG’ group) have not objected to the proposal. However, they have expressed some reservations at the nature and extent of information submitted with the planning application, and these reservations are discussed below.

5.9 Normally, peat extraction would not normally be allowed and this is reflected in local plan policy Min 4 (Peat Extraction) as well as in biodiversity action plans at a national and local level. However, justification for removing the southern part of the peat can be found in the fact that it has been contaminated by leachate from the Kilgarth Landfill Site. There is no such justification for the removal of the remaining peat, and any decision to see it removed would have to be offset against other benefits or mitigation measures discussed elsewhere within the report and weighed up in section 6 (Conclusions).

5.10 The area most sensitive area to change is where the new haul road will be created through the nature reserve immediately to the south of the railway line. Whilst the applicant has commissioned surveys to prove that any impacts on the Great Crested Newts will be negligible, both SNH and NLC Community Services have asked that further studies be undertaken. This can be addressed by planning condition. Scottish Enterprise Lanarkshire owns this part of the site. Also, this area is under the control of Heritage Environmental Ltd, who are the licence holder for all works affecting the Great Crested Newts and act as ‘Ecological Clerk of Works’ (i.e. oversee and co-ordinate all operations with implications for nature conservation). The developer is aware that the above controls present further hurdles to cross over an above any requirements of a planning permission, which will ensure that nature conservation interests will be protected.

5.1 1 In addition to the above, the remaining concerns of SNH and NLC Community Services relating to nature conservation impacts can be addressed by planning condition.

5.12 Drainage: Clearly, the engineering operations will have the potential to alter significantly the drainage regime within and close to the site. The developer has agreed to submit a detailed drainage strategy, incorporating the principles of ‘SUDS’, which should be capable of not only addressing the immediate issues of drainage, but also assist in maintaining water quality and enhancing the site’s ecological value.

5.13 RestorationlAftercare Following the removal of the peat, the inert infill material would be backfilled to a natural, free flowing appearance integrated into the surrounding non-disturbed land. Whilst the consultees in this respect (NLC Community Services and SNH) are satisfied with the basic aims of the proposed restoration scheme, which is to optimise biodiversity by securing woodland, wetland and grassland habitats, those consultees are not satisfied that sufficient measures are in place to off-set any negative impacts caused as a result of the excavation operations. Accordingly, any planning permission should be conditional on restoration plans being provided which aim to address these concerns.

5.14 It is normal practice when considering development which involve significant land engineering works for the Council to ensure final restoration of the site by means of a Section 75 legal agreement and a Bond of Caution. In this instance, an acceptable alternative has been put forward, whereby Glasgow City Council would guarantee that they would complete any unrestored works should the applicantloperator abandon the site prior to works being completed. Such an undertaking from a responsible public body is considered acceptable and in theory matches the level of comfort found from the Section 75 and Bond alternative. In particular, GCC would be motivated to monitor the workings closely in order to minimise any risk to it should intervention be required. GCC has already submitted a draft letter outlining the terms of an agreement with the Council. Once concern is that GCC is reluctant to commit itself to restoring any part of the site outwith their ownership (i.e. the area of nature reserve to the south of the railway line and a relatively small area at the north-west corner of the excavation area) or to restoring the site to anything other than grassland (i.e. excluding any of the habitat creation measures which form part of the proposed planning conditions). Should GCC maintain its position on this matter, then it is possible that a separate bond and agreement could be delivered by the applicant to cover those items not addressed by GCC. In any case, the decision notice, if granted, would not be issued until the necessary agreements were in place.

5.15 Other Infrastructure Issues: Despite the proximity of the high-pressure gas pipeline, both Transco and the HSE are satisfied (subject to further detailed discussions with the developer) that there will be no adverse impacts on the safety of the pipe and the local community. Similarly, the developer would be expected to discuss detailed operational issues relating to the operation of the railway with Network Rail.

5.16 The concerns of the Geotechnical Section in terms of possible impacts on Gartgill Road (which is a minimum of 120m or thereabouts from the closest excavations) can be addressed by a planning condition. 5.17 Rail-Freight Terminal Clearly, the developer has ambitions to develop part of the Kilgarth ‘triangle’ as a Rail-Freight Terminal (as demonstrated by their submission in respect of the emerging Council wide local plan). It would appear that this potential is one reason why SEL has entertained the developer in allowing them access to through the Gartcosh site. Irrespective of the motives of the developer or SEL in promoting and supporting this scheme, it must be stressed that the possibility of developing this site as a rail freight facility does not form part of this planning application, and must not be considered as a material consideration.

6. Conclusion

6.1 In most circumstances, a planning application which advocated the removal of a large area of peat would not normally receive my support. In this instance, however, the following factors weigh in favour of the proposal:

0 A significant area of contaminated peat will be removed.

The development has the support of SEL which has allowed a wayleave through the Gartcosh site and accordingly traffic impacts on surrounding residential areas will be negligible. This has to be compared to the only possible alternative access for lorry traffic (from Gartgill Road) with resultant significant and adverse impacts in terms of amenity and safety. I would suggest that this aspect of the development adds considerable weight to the merits of the proposal.

0 Nature conservation concerns can be mitigated

The development facilitates the much needed final restoration of the Kilgarth landfill site.

0 The development would be strictly controlled and in particular by means of planning conditions and agreements, by Glasgow City Council, by an ‘Ecological Clerk of Works’, and (in part) by the licensing regime for the nature reserve.

6.2 Bearing in mind the above, and the assessment of the development plan contained within paragraph 5.3 above, I am satisfied that the development offers certain benefits which would outweigh the negative impacts of the development. I would recommend therefore that planning permission should be granted subject to either the conclusion of Section 69 agreement with Glasgow City Council andlor a Section 75 agreement and Bond of Caution with the developer. Application No: C/04/02202/F UL

Date Registered: 14th January 2005

Applicant: Mr K. Quinn 91C North Road Be1 Is hiI I ML4 IQZ

Agent IMP Associates Tober Dhu Tighnabruaich Argyll PA21 2EG

Development: Erection of 6 Two Bedroom Flats and Conversion of Existing Building into 12 Two Bedroom Flats

Location : 18-20 Mavisbank Street Airdrie Lanarkshire

Ward: 41 Whinhall Councillor George Devine

Grid Reference: 27561 0 665820

File Reference: C/PL/AIM75000 180011 J/EL

Site History: P96210 - Use of Studio as Multiple Occupancy (Residential Accommodation) Granted 2IStAugust 1996

Development Plan: The site is covered by Policy LR Il(lmprove Public Open Space) in the Monklands District Local Plan 1991.

Contrary to Development Plan: Yes

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

Representations: None received

Newspaper Advertisement: 27thApril 2005

Comments:

Permission is being sought for the erection of 6 flats and the conversion of an existing building to form 12 flats on land addressed as 18-20 Mavisbank Street, Airdrie. The application site measures 0.22 hectares and is made up of an existing commercial building (former public house) with associated parking area to the east and open grassed land to the north and along the western edge of the site. An existing single storey retail unit is located adjacent to the site at the junction of Mavisbank Street and Wilson Street while the opposite side of Mavisbank Street and Wilson Street (to the east and west) is residential. The land immediately to the north forms part of an elongated corridor of open grassed land. Erection of 6 No.Two Bedroom Flats and Conversion of

Existing Building into 12 No. Two Bedroom Flats R.prod"i~dfr~ml".O,dn.n~~ S"n."m.pplnl*L" I"* p.m,..lon *',h* Conlrsll~rd h*rM.le.gs SUlinn.v 0101. rnCiDW" OnPY'Ilhl NO, ,o ""s"l"0nl.I '.P"@"FO*" inlrlnl., crown C~PYI,~", The proposal is for the refurbishment of the existing redundant building on site to accommodate 12 flats and the introduction of a new 3 storey high building at the western edge of the site to accommodate 6 further flats. There will be parking provision for 30 cars and a dedicated landscaped play area adjacent to the Wilson Street frontage, In terms of building form the following will be provided:- Block I: a new 3 three storey high building of traditional pitched roof design will be sited at the western part of the site to accommodate two 2 bedroom flats on each floor Block 2: the existing 2 storey building will be refurbished and increased to 3 three storeys in height with traditional pitched roof to accommodate four 2 bedroom flats on each floor. Externally the buildings will be finished in wet dash render with Marley Monarch interlocking roof tiles.

In terms of the Monklands District Local Plan 1991 the application site, in association with the adjoining elongated lands to the east and west, is in an area designated under policy LRI 1 (Improve Public Open Space) within which the Council seeks to protect existing public open space from inappropriate development and will upgrade existing large areas of public open space. However, the application site has been used for a considerable number of years as a developed site i.e. restaurant/public house and planning permission was previously been granted in 1996 for the residential use (ref:P96210 - multiple occupancy) of the existing building on site. A small retail outlet is currently in operation on the land adjoining the application site. Given that the surrounding uses are all predominantly residential in nature then the most appropriate alternative use for the application site is considered to be residential.

In respect of design and layout, protracted discussions with the applicant have resulted in significant amendments to the initial submission that incorporated a four storey element. The contours of the site and the adjacent elevated land render the site suitable for a 3 storey development which complements the adjacent building heights (residential properties) and the external appearance of the new buildhefurbishment is similar to adjacent finishes. The Transportation Section is now satisfied with the internal parking layout. No adverse objections were received following the neighbour notification and public advertisement procedures.

Taking all of the foregoing matters into consideration I consider that while in strict policy terms the proposal is not in accordance with the local plan designation, the site is currently a developed site with a history of previous commercial uses. There is no prospect of site acquisition to secure further open space use. The proposal under consideration is not only sympathetic to the surrounding uses but in terms of open space provision, it will not adversely affect the integrity of the existing adjacent elongated stretches of public open space to the north and east of the site. The design and layout of the scheme, as amended, are also considered to be of an acceptable standard. In view of the circumstances it is recommended that the application be approved subject to the attached conditions.

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 starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

3. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in detail. 4. That the development shall be carried out strictly in accordance with the amended 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: To define the permission.

5. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

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

6. That prior to the occupation of the fourth last flatted dwellinghouse within 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 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity

7. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths shown on the approved plans; (b) the proposed parking areas shown on the approved plans; (c) the proposed external lighting provided for the area(s) shown on the approved plans; (d) the proposed grassed, planted and landscaped areas shown on the approved plans; (e) the proposed fences to be erected along the boundaries shown on the approved plans.

Reason: In the interests of amenity

8. That before completion of the landscaping scheme approved under the terms of condition 5 above the management and maintenance scheme approved under the terms of condition 7 shall be in place.

Reason: To ensure the provision of adequate landscaping scheme within the site.

9. That a visibility splay of 4.5 metres by 60 metres, measured from the heel of the footway, shall be provided on both sides of the vehicular access and before the development hereby permitted is occupied, or brought into use, everything exceeding 0.6 metres in height above the footway level shall be removed from the sightline area and, thereafter, nothing exceeding 0.6 metres in height above the footway level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of public safety. 10. That none of the flats hereby approved shall be occupied until the access road, parking bays and footways leading thereto from the existing public road have been constructed to wearing course level.

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

11. That the development shall be served by means of a dropped kerb access arrangement at the junction with Mavisbank Street, details of which shall be submitted to, and for the written approval of the Planning Authority, before any works start on site.

Reason: To ensure satisfactory vehicular access facilities into the site.

Background Papers:

Application form and plans received 16th December 2004 Monklands District Local Plan 1991 Memo from Transportation Section received 3rdJune 2005 Letter from Scottish Water received 23rd February 2005 Letter from British Gas received 25th January 2005

Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382. Application No: C/05/00077/FU L

Date Registered: 19 January 2005

Applicant: Redrow Homes (Scotland) Ltd 3 Central Park Avenue Larbert FK5 4RX

Agent Roy Mitchell Design Ltd 1 Glenbervie Glenbetvie Business Park Larbert

Development: Erection of 112 Dwellinghouses

Location : Land adjacent to Former Glenboig Brick Works lnchneuk Road Glenboig Coatbridge Lanarkshire

Ward: 33: North Central And Glenboig Councillor Mary Clark

Grid Reference: 272856668797

File Reference: CIPLIGBII 01 0080002IGQIEL

Site History: C/92/00245/OUT Outline Planning permission was granted in September 1992 for residential development on the site

C/96/01008/LUC Site was granted lawful use certificate in August 1999 for mineral processing ( Class 5 ) ( General Industrial)

04/02154/AMD Erection of 93 Dwellinghouses (Amendment to Planning Permission 03/00583/FUL), was granted in May 2005 , on adjacent site (Glenboig Brickworks).

Development Plan: Under the Adopted Monklands district Local Plan 1991, the site is identified under Dolicies Econ 2 ( General Industrial) (in part) and GBI (greenbelt) (in part).

Contrary to Development Plan: Yes

Consultations: NLC Community Services (No Objections) S.E.P.A.(West) (No Objections) British Gas Transco (No Objections) Scottish Power (No Objections) The Coal Authority (No Objections) British Telecom (No Reply) Greengairs Community Council (No Reply) NLC Education ( No Objections) Network Rail ( No Objections)

Representations: 5 Representation Letters

Newspaper Advertisement: Advertised on 23rd February 2005 Planning Application No. C/05/00077/FUL Erection of 112 Dwellinghouses (Phase 2) Produced by Planning and Environment Department Fleming House Land North Former Glenboig Brickworks 2 Tryst Road of CUMBERNAULD lnchneuk Road, Glenboig, Coatbridge G67 1 JW 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 starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of the amenity of the development itself and the surrounding environment.

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of the amenity of the development itself and the surrounding environment.

4. That before the development hereby permitted starts, a scheme of landscaping, for the areas indicted in green on the approved drawings including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

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

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

5. That within one year of the occupation of the tenth last dwellinghouse within 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 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the amenity of the development itself and the surrounding environment.

6. That before development hereby permitted starts , a management and maintenance scheme for all landscaping shall be submitted to and approved in writing by the Planning Authority , including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects. 7. That the maintenance and management of all landscaping shall be in operation prior to the completion of the scheme approved under condition 4.

Reason: In the interests of the amenity of the development itself and the surrounding environment.

8. That before the development hereby permitted starts, a full traffic assessment covering the impact of the development in terms of traffic flow and safety in relation to the development itself and surrounding road network shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of traffic and pedestrian safety

9. That before any houses within the development hereby approved are occupied, any changes to the proposed access arrangements that may be identified by the Planning Authority as necessary as a result of the assessment of information supplied under condition 8 above andlor any junction upgrading works that may be similarly so required, shall be implemented in full to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety

10. That before development hereby permitted starts, a report 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 the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To identify any potential contamination issues and ensure that the site is redeveloped to an appropriate standard.

11. That following the completion of all or any part of the works required under the terms of condition 10 above, a certificate from a suitably qualified person or body shall be submitted to the planning authority confirming that all necessary works have been carried out.

Reason: To ensure all potential contamination has been adequately addressed in the interest of public health.

12. That before the development starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to, and for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the principles of Sustainable Urban Drainage Systems.

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the guidance on SUDS

13. That before the development hereby permitted starts, a noise assessment report shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure that the proposed development is not affected by adverse noise impacts.

14. That before the development hereby permitted starts, all the noise mitigation measures as approved under the terms of condition 13 above, shall be fully installed and maintained.

Reason: To ensure that the proposed development is not affected by adverse noise impacts. That the applicant has agreed a financial contribution of f500 per dwellinghouse in lieu of on site provision . Planning permission should not be issued until this obligation has been met or the agreement is formalised in terms of terms of section 75 of the Town and Country Planning ( Scotland) Act 1997. Background Papers:

Application form and plans received 19 January 2005 Adopted Monklands District Local Plan 1991 Letter from BT received 8 February 2005 Letter from SEPA received 15 February 2005 Letter from Transco received 8 February 2005 Letter from Scottish Water received 7 April 2005 Letter from Network Rail, received, 24 January 2005 Memo from the Protective Services Section received 10 February 2005 Memo from NLC Education received 12 May 2005 Memo from Geotechnical Team Leader received 10 February 2005 Letter from Hugh Muir and CO,Glenboig Farm, received 16 February 2005 Letter from Miller, Becket and Jackson , Solicitors, received 16 February 2005. Letter from Mrs T. Moore,70a Glenboig Farm Road, Glenboig, ML5 2RA received 14 February 2005. Letter from Donna Gibson ( no address supplied) received 25 February 2005. Letter from Mrs D Gilmour ( (no address supplied) received 25 February 2005. Letter from Hilary Morgan Bencaelan House, Farm Lane, Gelnboigreceived 29th May 2003.

Any person wishing to inspect these documents should contact Gerard Quinn at 01236 812381. APPLICATION NO. C/05/00077/FUL

REPORT

Description of Site and Proposal

Redrow Homes seek planning permission for the erection of housing development on the site adjacent to the former Glenboig brickworks, Glenboig. The site is currently industrial in use, being the subject of wastelmineral recycling process operated by local business Gartverrie Limited. It lies close to the heart of the village, adjacent to the former brickworks site,(which recently was the subject of planning permission granted to Redrow Homes, for residential development). The site, which is brownfield in appearance and use, is bounded by this new housing site to the west, by an established railway line to the south, and by greenfield land to the north and east.

The applicant proposes to provide a development comprising a variety of 112 detached and semi detached dwellinghouses. The development would be accessed from both lnchnuek Road, and Main Street, Glenboig and would be landscaped on its northern, western and southern boundaries. Given its industrial past, the development process would involve remedial works in order to remove all contaminants.

Development Plan

The site is zoned under Local Plan policies Econ 2 ( General Industrial) (in part) and GBI (greenbelt). Although the site is zoned in these two different ways, it wholly operates as an established single and clearly defined industrial area.

Consultations and Representations

There have been no objections from any of the normal consultees

Four letters of representation have been submitted by local residents. The grounds for objection are summarised as follows: - the development would give rise to adverse traffic impacts - there would be insufficient capacity to cope with the extra demands for schools that the development would bring. - the development would potentially be detrimental to local amenity.

- there are limited facilities to cope with this development

Planning Assessment and Conclusions

It is noted that in terms of the Development Plan, the site is split by two separate local zonings ( see paragraph 2.1 above ) and each will be considered separately.

As regards the ECON 2 zoning, this covers the western part of the site. It is considered that whilst the industrial character was intended to be retained, the village of Glenboig, and the land immediately adjoining the site is now developing in such a way that this intention would not be a as necessary or desirable as it may have been in the past. The site is not considered to be essential to the industrial land supply, and industrial use , especially of the bad neighbour type with which this site is currently associated, would be a less preferred option, than a use, such as residential, that is more compatible with adjoining established developing land uses. Therefore, the proposed use would represent a more acceptable and desirable use in environmental and amenity terms and this judgement is considered to be a material consideration sufficient to allow development notwithstanding the industrial policy zoning. 4.3 As for the eastern half of the site, it is noted that this is zoned as greenbelt. Within such areas there is a general presumption against development. In this case, however, development already exists and has been established here for many years in the shape of industrial use, along with the rest of the application site. Indeed in historical, appearance and use terms, this area has the same characteristics as the part of the site that is zoned under policy ECON 2. It is clear that the area zoned as greenbelt operates as one clear planning unit, in tandem with the industrially zoned western area. Like that area, for the same reasons, it would be more suitable in planning terms therefore, to allow this area to be developed for residential purposes. Indeed when you take these reasons, and then consider the alternative of sustaining the site for industrial use (and probably bad neighbour industrial use if the current operation remains), it is considered that there is justification to rebut the general presumption against development upon which the green belt policy is based. Furthermore, the proposal would not defy any of the objectives or purposes of the greenbelt, and indeed would be supportive of the general sustainability principles upon which modern greenbelt and other environmental protection and enhancement policies are founded.

4.4 The site layout has also been assessed and generally complies with the Council's amenity standards.

4.5 As far as the grounds of objections are concerned, it is considered firstly that the applicant will be required, through suspensive condition(s) of any planning permission, to provide sufficient information to demonstrate that there would unlikely be any adverse traffic impacts in terms of both safety and traffic flow. The NLC Education have confirmed that the area to be developed is currently zoned to schools which would provide sufficient accommodation to cater for the estimated numbers of pupils that such a development may produce. The development is considered to be of a reasonable amenity standard with no adverse effects anticipated in relation to the development itself and neighbouring uses. The concerns regarding community facilities are noted, but it is not considered that the extra number of houses would present any serious problems in this case. As regards play, the applicant has agreed, as an alternative to on-site provision, to enter into a legal agreement to make a substantial contribution towards facilities within the village. This would be based on a rate of f500 per house.

4.6 In conclusion, taking into account the Development Plan and all other material considerations, including objections received, it is considered ( following the completion of the Section 75 Agreement) that planning permission should be granted subject to conditions.

4.7 In this case, despite the present zoning, it is considered that if granted, notification to the Scottish Ministers would not be required in accordance with the Town and Country Planning ( Notification of Applications) ( Scotland) Direction 1997. For notification to be necessary, the Planning authority, in terms of the legislation, has to consider that the development represents a significant departure, from either or both the Local Plan and Structure Plan. It is considered, for the following reasons that the departures are not significant:

- the movement from industrial use to residential, although technically, a switch of land use, would be a positive change that would support the environmental amenity, and sustainability objectives of the development plan.

- The movement from greenbelt to residential is in reality, a movement from an established industrial site to residential, and similarly it represents a positive and progressive change that would support the environmental, amenity, and sustainability objectives of the development plan.

- The movement from this greenbelt zoned site would not result any harm to the countryside or greenbelt in terms of a loss of greenfield land or any part of a rural location.

- In view of all of above, despite the proposed different land uses from what the detailed local plan zoning suggests, the proposals are, on balance, compliant with the development plan as a whole. 4.8 It is therefore recommended that planning permission is granted subject to the satisfactory conclusion of a Section 75 Agreement to secure adequate play provision. Application No: C/05/001761FUL

Date Registered: 9th February 2005

Applicant: WRG Waste Services Ltd 3 Sidlings Court White Rose Way Doncaster DN4 5NU

Agent Car1 Bro Group 2nd Floor Spectrum House 2 Powderhalll Road Edinburgh EH7 4GB

Development: Installation of Gas Flaring and Electricity Generating Equipment

Location : Hartlouphill Old Biggar Road Riggend Ai rd rie Lanarkshire ML5 7TX

Ward : 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 276758669883

File Reference: RGT02972608000-4

Site History: 041001 72/FUL Installation of Leachate Storage Tank

05/00176/FUL Installation of Gas Flaring and Electricity Generating Equipment 981002441MIN lnfilling of Land 981014621FUL Erection of a Landfill Gas Flare Stack 99/00561/FUL Erection Of A Temporary Office Building

Development Plan: Under the Adopted Local Plan, the site is within the area designated as devastated landscape

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (no objections)

Representations: None received

Newspaper Advertisement: Advertised on 16th February 2005 'roduced by Ilannlng and EnvlronmentDepartment leming House Planning Application No C/05/00176/FUL ' Tryst Road XIMBERNAULD Installation of Gas Flaring and Electricity Generating Equipment X7 1 JW Rlpdisdtornthl oidnana S"hl*rnqpr#Ylh A I fh pmlsalm d Ua Cmvdlad Par M1-V 'e1 O12366l62lo Fax 01m61623* Hartlouphill, Old Biggar Road, Riggend Airdrie Not to Scale ~~~~~~~~~~l~~~c,~,,,~, aid mqleadl0pm.W"m .uYIIpo&l~ >S Licence 100023369 2004 Comments:

The applicants, WRG, propose to install gas flaring and electricity generating plant, within a self- contained and screened compound, at the north side of the Hartlouphill Landfill site (now under restoration only).

The proposals are compatible with the Local Plan zoning in that they are associated with the approved landfill use which when completed and fully restored will regenerate the extent of dereliction in the area. Indeed, the proposals, in effect, would augment screening and landscaping works associated with the original restoration. The impacts of the current proposals in terms of amenity are expected to be IOW. There are no strategic implications. There have been no adverse representations or comments from consu Itees.

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 start of the development hereby permitted, the proposed bund area and tree planting shall be fully constructed in accordance with the details shown in the approved drawings

Reason: In order to ensure that amenity impacts are minimised

3. That on the completion of all electricity generation, the gas plant compound, shall be removed in full, and the site restored to the satisfaction of the Planning Authority in line with the approved restoration details of the landfill site

Reason: As the proposals are ancillary to the landfill development

4. That before the development hereby permitted starts, a noise assessment report shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure that the proposed development does not give rise to adverse noise impacts.

5. That before the development hereby permitted starts, all the noise mitigation measures as approved under the terms of condition 4 above, shall be fully installed and maintained.

Reason: To ensure that the proposed development does not give rise to adverse noise impacts.

Background Papers:

Application form and plans received 7th February 2005 Adopted Monklands District Local Plan 1991

Letter from Scottish Environment Protection Agency received 1st March 2005

Any person wishing to inspect these documents should contact Mr Gerard Quinn at 01236 812381 Application No:

Date Registered: 24th March 2005

Applicant: NTL Broadcast

Agent Alan Dick UK Ltd 7 Beech Tree Drive Clowne Chesterfield Derbyshire S43 4UJ

Development: Erection of Replacement 30 Metre Tower, Installation of 3 Antennas, 3 Dishes and Erection of Ancillary Equipment Cabinets

Location: Meadowhead House Ballochney Road Plains Airdrie

Ward: 46 Plains And Caldercruix Councillor Thomas Morgan

Grid Reference: 278201 667145

File Reference: CIPLIPLBO63ILMIEL

Site History: C/96/00193/FUL Granted for Erection of 30 metre High Tower and Equipment Building - Replacement of Existing on 7'h June 1996

Development Plan: The application site is located in an area covered by policy GBI (Restrict Development in the Green Belt).

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Advertised on 6th April 2005

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. In the event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard. L \\ i \ \ Meaddv Haul 1 Site \

Opencas

'roduced by 'lanning and Envimnment Department Planning Application No C/05/00395/FUL leming House Erection of Replacement 30 Metre Tower, Installation of Tryst Road XIMBERNAULD 3 Antennas, 3 Dishes and Erection of Ancillary Equipment 367 1 JW Cabinets A biemprodurai permbontom 01 meth.omn.ne mnmler ofsW.y ~MM~~SN~PP~O B rh 81.01236616210 Fax.01236 616232 Meadowhead House, Bailochney Road, Plains Airdrie Not to Scale ~~~~~~~~~L;:~~~"~:'Crernc.p~~hf 1 Contributor md nay *ad b pmeruton DrCNl pac.ad,nO. IS Licence 100023369 2004 3. The site access shall be fully paved for the first 6 metres.

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

Background Papers:

Application form and plans received 15th March 2005

National Planning Policy guidance NPPG 19 Radio Telecommunication, July 2001 Planning Advice Note PAN 62 Radio Telecommunication, September 2001 Adopted Monklands District Local Plan 1991 Memo from Transportation received 12th May 2005.

Letter from J Gillooly, Meadowhead Road, Plains, Airdrie, ML6 7SE received 30th March 2005.

Any person wishing to inspect these documents should contact Mrs Leigh Menzies at 01236 812372. APPLICATION NO. C1051003951FUL

REPORT

I. Description of Site and Proposal

1.I The development for which planning permission is sought is for the installation of a replacement 30 metre high telecommunications tower with associated equipment and cabinets. The application site is positioned within the boundary of an existing industrial unit, located within the green belt.

1.2 It is proposed that the replacement telecommunications tower, with 31-10 antenna, 3nO dishes and 2no associated cabinets, will be of lattice construction and will replace a tower of the same height. The replacement is required due to the current tower unable to support any additional loading that is required for the installation of equipment for the 3G network. A similar application was granted in 1996 but not implemented.

2. Development Plan

2.1 The site is designated within the Monklands District Local Plan 1991 as GBI (Restrict Development in the Green Belt) and policy TELI (Telecommunications Development) is also applicable. As the application raises no strategic issues, it can be assessed in terms of the local plan policy.

3. Consultations and Representations

3.1 The Transportation Section have been consulted and have requested that the first 6 metres of the access be paved, this will be dealt with by condition.

3.2 Following the standard neighbour notification procedures 1 letter of representation was received against this proposal. The main points of which are as follows:

i. further development of site would be detrimental to residential amenity ii. overshadowing iii. impact on natural environment iv. health

4. Planning Assessment and Conclusions

4.1 The application site is located within a Policy GBI (Green Belt) area which states that no development will be permitted except for; new houses for full time workers in Agriculture or forestry; non residential developments in connection with Agriculture or forestry and uses requiring a rural location. However, this application is for the redevelopment of an existing telecommunications site by replacing existing equipment.

4.2 Policy TELI contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact. 4.3 NPPG 19 provides support for telecommunications development in rural areas, where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. Should the applicant have taken all these factors into consideration, refusal is unlikely to be warranted. With regards to PAN 62, it should be noted that it is preferred to locate telecommunication equipment in unobtrusive locations. The applicant has satisfied the criteria set out in both NPPG 19 and PAN 62.

4.4 It is unlikely that there would be a significant negative or positive impact in regards to economic benefit that can be measured. It will be of general benefit to the community to have full signal coverage for mobile phones.

4.5 As for specific locational need this site currently has an existing tower of the same height currently providing network coverage. The applicant has indicated that the proposed replacement tower would allow mast sharing and could reduce the need for further apparatus in the surrounding area.

4.6 In considering environmental impact, it is felt that the proposed installation will not have any additional significant visual impact. As for related health impact the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP compliance certificate.

4.7 In relation to the grounds of objection, these are addressed as follows:

i. The proposed structure is of the same height and in the same location. The alteration is an increase in the width of the lattice structure and it is felt that the impact on the residential amenity of the area will be minimal. ii. Both the existing and proposed structures are of lattice design and will have minimal impact in terms of overshadowing. Notwithstanding this, in the assessing overshadowing in the case of residential properties Building Research Establishment guidance is used. Although this is not designed for application in this type of situation when the criteria is applied the objector’s property is outwith the affected area. iii. It is felt that there will be minimal further impact on the surrounding natural environment due to the utilisation of an existing site. iv. The required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. It is conceded that there is significant public awareness of the possible health risks associated with telecommunications apparatus. However, while the public perception of health risks has been regarded as a material planning consideration in previous cases, given that the applicant has provided the necessary ICNIRP certificate, it is considered that health implications are not sufficient enough on their own to justify refusal of this planning application.

4.8 In conclusion I have considered the points of representation but find that they do not raise any issue that would merit the refusal of this application. The design of the proposal is considered to be acceptable and will have minimal visual impact with the surrounding area. I therefore recommend that planning permission be granted subject to the appropriate conditions. Application No: C/05/00403/FUL

Date Registered: 16'h March 2005

Applicant: T-Mobile (UK) Ltd

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 7DE

Development: Installation of 14.7 metre Telecommunications Monopole, Installation of Equipment Cabinet and Ancillary Developments

Location: Land South of Carpark at The Four Isles Community Centre Varnsdorf Way Ai rd rie

Ward: 49 Craigneuk And Petersburn Councillor Donna Morris

Grid Reference: 2781 33 664600

File Reference: C/PLIAIV090/CMIIEL

Site History:

Development Plan: The property is covered by policy COM 5 (Local Shopping Areas) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

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. In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard Produced by Planning and Environment Department Planning Application NO C/05/00403/FUL Fleming House kkshire 2 Tryst Road Installation of 14.7 Metre Telecommunications Monopole, vwl Coundl CUMBERNAULD Installation of Equipment Cabinet and Ancillary Developments 067 1 JW Land South of Carpark at The Four Isles Community Centre, Background Papers:

Application form and plans received 16'h March 2005

National Planning Policy guidance NPPG 19 Radio Telecommunication, July 2001 Planning Advice Note PAN 62 Radio Telecommunication, September 2001 Monklands District Local Plan 1991 Memo from Transportation Section received on 12'h May 2005 Memo from NLC Education on 23" March 2005

Letter from E McEwan, Monkland Glen Community Council received on 1lth March 2005

Any person wishing to inspect these documents should contact Charmaine Mills at 01236 812375. APPLICATION NO. C1051004031FUL

REPORT

I. Description of Site and Proposal

1.I The applicant is seeking planning permission to erect a 14.7 metre high telecommunications monopole with ground based equipment cabinets and ancillary development. All proposed structures and associated cabinets are to be painted grey. 1.2 The proposed 15m telecommunications monopole would be sited to the land south of car park at the Four Isles Community Centre. The nearest residential property lies 30 metres Southwest of the application site. The nearest school lies over 400 metres north of the application site.

1.3 The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in coverage, which will be of general benefit to business, and domestic users in the area. Several sites were investigated including mast sharing before this was put forward.

2. Development Plan

2.1 The site is zoned as COM 5 commercial development policy local shop areas and policy TELl (Telecommunications Developments) of the Adopted Monklands District Local Plan 1991 is also applicable. There are no strategic implications.

3. Consultations and Representations

3.1 The Transportation Section have been consulted and have no objections.

3.2 Education Department were consulted and have concerns regarding the health risks associated with telecommunication masts.

3.3 There was 1 letter of objection from the Monkland Glen Community Council.. The main objection is as follows:

(1) Concern over the health risk involved with Telecommunication Masts being in close proximity to housing as well as the local community centre.

4. Planninn Assessment and Conclusions

4.1 The site is situated within a commercial area. In assessing this application, the local plan policies COM5 (Local Shopping Areas) for existing commercial areas are relevant. In land use terms the proposal is compliant with the development plan.

4.2 Policy TELl contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact.

4.3 NPPG 19 provides support for telecommunications development where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. Should the applicant have taken all these factors into consideration, refusal is unlikely to be warranted. With regards to PAN 62, it should be noted that it is preferred to locate telecommunication equipment in unobtrusive locations. The applicant has satisfied the criteria set out in both NPPG 19 and PAN 62. 4.4 It is unlikely that there would be a significant negative or positive impact in regards to economic benefit that can be measured. It will be of general benefit to the community to have full signal coverage for mobile phones.

4.5 As for specific locational need several sites were investigated. However due to limited coverage, lack of site providers and the inability to site-share with any other telecommunications installations in the surrounding area, the application site was chosen to provide the appropriate network coverage.

4.6 In considering environmental impact, it is considered that the proposed installation will be of similar appearance to the surrounding street furniture and will not have a significant visual impact. The boundary wall will hide the associated cabinets. As for related health impact the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP compliance certificate.

4.7 In relation to the grounds of objection these are addressed as follows:

(1) The required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. It is conceded that there is significant public awareness of the possible health risks associated with telecommunications apparatus. However, while the public perception of health risks has been regarded as a material planning consideration in previous cases, given that the applicant has provided the necessary ICNIRP certificate, it is considered that health implications are not sufficient enough on their own to justify refusal of this planning application.

4.8 In summary, it is considered that taking into account the development plan and all material considerations including national policy and public concerns, planning permission should be granted in this case. On the objections received, the main issue appears to be with the health risks associated with telecommunication masts. However the required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. The proposed development is in accordance with local plan policy and national policy guidance in PAN 62 and NPPG 19 Radio Telecommunications. I consider that the proposal meets the criteria stipulated in policy TEL 1 and should not significantly impact on the amenity of the area. It is therefore recommended that planning permission be granted. Application No: C/05/00449/FU L

Date Registered: 1st April 2005

Ap piican t : Mr R Hamilton Clo Agent

Agent J McGoldrick 10 Cairnhill Crescent Carnbroe Coatbridge ML5 4SS

Development: Siting of Snack Bar

Location: 1-3 Wallace Street Coatbridge Lanarkshire ML5 4DA

Ward: 38 Kirkshaws Councillor John Gordon

Grid Reference: 273464664070

File Reference: CIPLICTW0451ICMIEL

Site History: 01/01054/FUL Alterations to Nightclub Frontage 01/010571ADV Display of Fascia Sign Illuminated by Real Flame Gas Lighting 02/016531ADV Replacement Fascia Sign with Overhead Halogen Flood Lights and Erection of Illuminated Projecting Sign

Development Plan: In terms of the Adopted Monklands District Local Plan 1991, the application site is located within an area covered by Policy COM 5 (Local Shops).

Contrary to Development Plan: No

Consultations:

Representations: 4 Representations

Newspaper Advertisement: 13 April 2005

Recommendation: Refuse for the following reasons:-

1. That the proposed snack bar would reduce the residential amenity of the area due to increased activity and noise levels from customers using the snack bar during opening hours.

2. That the proposed snack bar would be detrimental to traffic and pedestrian safety as there are insufficient off-street parking facilities at the locus for this type of development. CoathOim Nursery School

\ -

Colurnba RC Hiah School

'roduced by Hollh Ymning and Environment Department Planning Application No C/05/00449/FUL 'leming House $!!ark%/: :Tryst Road Siting of Snack Bar AMBERNAULD 337 1 JW 1-3 Wallace Street, Coatbridge A WplodwFd lcomtn OrdnlmeSunaymaOPwwlh !re prmillii0" dthl CmBCIIId*rMB,"N 6 re1 01236 616210 Fax 01236 616232 4 Contributors Not to Scale ~~~~~~~~~~~~~~~~~~~~~,~"swrlhl 1* Outwith Map Area emmq ~dl~pml~"lonirC"iip0~Rr IS Licence 100023369 2004 3. That the proposed snack bar would reduce the residential amenity of the area due to smell nuisance affecting the amenity of adjacent flats.

Background Papers:

Application form and plans received 22nd March 2005

Monklands District Local Plan 1991 Memo from Transportation Section received 25th May 2005 Memo from Protective Sevices Section received 13th April 2005

Letter from S M Murray,St. Mary's P.S., Dundyvan Road, Whifflet, Coatbridge, ML5 4BA received 24th March 2005. Letter from Mr D Gray,7 Craigmore Place, Kirkshaws, Coatbridge received 14th April 2005. Letter from Mr A Kyle,398A Dundyvan Road, Coatbridge, ML5 4AX received 19th April 2005. Letter from Mr G M Batters,Ailsa Building Contractors Ltd, 251 Dundyvan Road, Coatbridge, ML5 4AU received 19th April 2005.

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 812376. APPLICATION NO. C/05/00449/FUL

REPORT

I. Description of Site and Proposal

1.I Planning permission is being sought for the siting of a snack bar to the side and rear of a public house located at 1-3 Wallace Street, Coatbridge.

1.2 The snack bar would consist of a static trailer and would be situated at a small recess at the rear elevation of the Corner Room Public House. It would sit to the front of a fire escape doorway and face onto Wallace Street.

1.3 The small site extends to some 18 sq. metres. It is bounded to the south by Coatholm Nursery School and would sit opposite St Mary’s Primary RC Primary School. There are flatted dwellinghouses located to the rear of the public house. The surrounding area generally consists of a mix of residential flats and local schools.

1.4 There is no indication of the proposed hours of opening.

2. Development Plan

2.1 In terms of the Adopted Monklands District Local Plan 1991, the application site is located within an area covered by Policy COM 5 (Local Shops). There are no strategic implications.

3. Consultations and Representations

3.1 The Transportation Section has objected to the proposals on road safety grounds as there are insufficient off-street parking spaces for this type of development.

3.2 There are no objections from Protective Services provided food hygiene standards are met.

3.3 There are 4 letters of representation received in the regards to the application. The terms of objection can be fairly summarised as follows:-

0 There is an existing snack bar located within the Brown Street industrial estate and there is no need for an additional snack bar in the area. The use of the snack bar would lead to increased noise levels, increased litter and may result in a public health hazard 0 The proposals would prove to be a traffic hazard for children 0 The snack bar is inappropriate in this area which is generally occupied by the school, church and nursery

4. Planninn Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations. 4.2 The site is located within an area covered by policy COM 5 (Local Shops) which covers the large shopping area in Whifflet. Under the terms of COM 5 the Council supports shopping and related uses within class 1 and 2 subject to the usual amenity considerations. The proposed snack bar is a specific use providing hot food take-away to passing customers. As such the proposed snack bar would only be supported under the terms of policy COM 5 if it was not likely to create amenity problems. Moreover the character of this part of the COM 5 area differs significantly from the main commercial area of Whifflet in that the area is generally less commercial given the location of the local nursery, primary schools and local church.

4.3 The proposals have also been advertised as a bad neighbour development. Whilst Protective Services had no objection provided food safety regulations are met it is noted there are 2 storey flats located to the rear of the public house. As such the snack bar may cause a smell nuisance to adjacent residents.

4.4 The Transportation Section objected to the proposals on road safety grounds as there were no dedicated off-street parking spaces and customers would need to park in Wallace Street. This would be detrimental to road safety particularly as there is a primary school and nursery school located nearby.

4.5 It was also noted that the snack bar would be located to the front of a fire escape doorway and this may cause an obstruction.

4.6 Turning to the terms of objections noted above the following comments can be offered:-

0 The issue over the need for an additional snack bar in the area is generally a matter for the Licensing Board to consider. 0 The snack bar may lead to an increase noise levels particularly if it was open during late evening hours when this area is generally quieter. Litter may also be a problem in outlying areas if customers discarded food containers. 0 As there would be no off-street parking areas provided, customers are likely to park on street to the detriment of road safety, particularly to local school children. The operator would need to meet current food safety regulations and as such it is likely such standards would not be compromised. 0 The location of the proposed snack bar in this area would be detrimental to the character of the area.

4.7 Taking into account all of the foregoing issues the following conclusion can be reached. The proposals not considered acceptable in terms of policy COM 5. While Class 1 and 2 and related uses are specifically supported this must also be subject to consideration of the specific area in which the related uses are situated. The surrounding area is more residential in nature where there are two schools and a church. As such the introduction of a snack bar here would be out of keeping with its character. The proposal is likely to be detrimental to traffic safety particularly to local school children crossing Wallace Street. The snack bar would sell hot food and may result in a smell nuisance to residents in the nearby flats. The snack bar would sit to the front of a fire escape and may cause an obstruction. The objections relating to traffic safety, increased noise and litter levels, and general loss of amenity can be sustained in this instance. Taken together the proposals are considered to be unacceptable and it is therefore recommended that planning permission be refused. Application No: C1051004811FUL

Date Registered: 1st April 2005

Applicant: WRG Waste Services Limited 3 Sidings Court White Rose Way Doncast er DN4 5NU

Agent Car1 Bro Group (FAO lain McDonald) Spectrum House 2 Powderhall Road Edinburgh EH7 4GB

Development: Extension to Existing Power Plant Incorporating 4 Engines within Blockwork Building and Extension of Switch Gear Room

Location: Shanks Landfill Site Meikle Drumgray Road Greengairs Ai rd rie Lanarkshire

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 278781 669814

File Reference:

Site History: 00101 4461FUL Erection of Building to House Electricity Generation Equipment 01/014471FUL Installation of Landfill Gas Flare Compound with Associated Plant, Equipment and Control Building

Development Plan: Under the Adopted Local Plan, the site is within the area designated as devastated landscape

Contrary to Development Plan: No

Consultations: Scottish Power

Representations: None received

Newspaper Advertisement: Advertised on 6th April 2005 Planning Application No. C/05/00481/FUL

Extension to Existing Power Plant Incorporating 4 Engines within ?oduced Qy Blockwork Building and Extension of Switch Gear Room 'lannlng and Environment isaaqmriers Wile 501 Fleminp HOUQ~ TWI Rosa XIMBERNAUU) Shanks Landfill Site Meikle Drumgray Road 37 1Jw Wwdud homlhOrdnax~$~ulvsymsppn(lrln w fk, pmi.sla of fk, CmVdlaoI brMalea$? s iz366i6210 FBX oim6

The applicant, WRG, propose to extend their existing landfill gas based power plant at the established landfill site at Greengairs. A new generator building (350 sq. metres floor area) is proposed to house 4 engines, whilst a minor extension (25 sq. metres floor area) is proposed to the switch gear room

The proposals are compatible with the Local Plan zoning in that they are associated with the approved landfill use which when completed and fully restored will regenerate the extent of dereliction in the area. The proposals are relatively minor within the power compound which already houses 3 larger generator blocks and switch gear room. The current power plant runs without any amenity or environmental impacts, and it is not envisaged that the additional development would alter this situation. There are no strategic implications. There have been no adverse representations or comments from consultees.

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 on the completion of all electricity generation, the gas plant compound, shall be removed in full, and the site restored to the satisfaction of the Planning Authority in line with the approved restoration details of the landfill site

Reason: As the proposals are ancillary to the landfill development

Background Papers:

Application form and plans received 29th March 2005 Monklands District Council Local Plan 1991

Any person wishing to inspect these documents should contact Mr Gerard Quinn at 01236 812381 Application No: CIO5IOO49OIFUL

Date Registered: 30th March 2005-05-26

Applicant : T - Mobile (UK) Ltd

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 1DE

Development: Installation of 3 No. 3G Antenna with Internal Upgrade of Existing Equipment Cabinet Location: Social Security Offices 86 Graham Street Airdrie Lanarkshire ML6 6DB

Ward: 43: Airdrie Central Councillor James Logue

Grid Reference: 276328665393

File Reference: CIPLIAIG81 OICMIDM

Site History: C/98/00888/FUL for Installation of Microwave Dish, 2 Sector Antennae and Cabin Support was granted on 9 July 1998. CI98101632IFUL for Installation of Rooftop Telecommunications Equipment was granted on 29 January 1999. CIO2IOOO33IFUL for Replacement of 6 Panel Antennae with 6 Dual Polar Antennae, 1 No. 600mm Microwave Dish and Equipment Cabinet was granted on 25 February 2002. CIO2IOO376IFUL for Installation of 4 Microwave Dishes and 4 Antenna and Associated Cabinets. C/02/01525/FUL Installation of 3 No. Telecommunications Antenna and Associated Cabinet and Support Structure was granted on 22 January 2003. C/03/01621/FUL Installation of 3 Telecommunications Antennae CI03/01036IFUL Installation of 3 No. Telecommunications Antennae and Ancillary Works to Roof. CI04I01592IFUL Relocation of Antennae.

Development Plan: The site was covered by retail policies and assessed against policy TELI Telecommunications Developments in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: None

Representations: None received

Newspaper Advertisement: Not required

Comments:

This application relates to the upgrading of the current T-Mobile telecommunications installation on the roof of the DSS building, 86 Graham Street, Airdrie. Produced by Planning and Enwrorment Department Planning Application NO C/05/0049O/FUL neming House 2 Tryst Road CUMBERNAULD installation of 3 No 3G Antenna with Internal Upgrade of

G671 JW Existing Equipment Cabinet mpad~n~mireamanaSurrqm;ppiq*th ~~“I~lcnd~ColvdIrdherhtllsNli Tel 01236 616210 Fax 01236 616232 btto Scale E%2‘2GZZiZS.- w,ot Graham Street, Airdrie ad mqleadt~pmieufirnordvlliroosadir~l OS Licence 100023369 2004 86 The upgrade will enable introduction of 3" generation equipment and involves the installation of 3 No. pole-mounted antennae and internal upgrade of the existing equipment cabinet. The application was submitted along with a certificate of ICNIRP compliance. The site is zoned COM 3 Maintain Retail Core Areas in the Monklands District Local Plan 1991. There were no objections received following neighbour notification and consultation procedures. The upgrade of the existing equipment is in line with policy TELI Telecommunications Developments set out in the Adopted Monklands District Local Plan 1191, NPPG 19 and PAN 62. Since there will be little visual impact caused by the proposal and it is in line with the above policy I recommend that the development 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. In event that the equipment hereby approved becomes redundant it shall be removed and the sire reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

Background Papers:

Application form and plans received 30thMarch 2005

National Planning Policy guidance NPPG 19 Radio Telecommunication, July 2001 Planning Advice Note PAN 62 Radio Telecommunication, September 2001 Adopted Monklands District Local Plan 1991

Any person wishing to inspect these documents should contact Charmaine Mills at 01236 812375. Application No: C1051005051FUL

Date Registered: 5th April 2005

Applicant: Vodafone Uk Ltd Clo Agent

Agent Mono Consultants 48 St Vincent Street Glasgow G2 5TS

Development: Installation of 23.4 metre Telecommunications Tower with 6no Antenna and Associated Cabinets

Location: Land At AI bert Bartlett & Sons 251 Stirling Road Airdrie Lanarkshire

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 276453667929

File Reference: CIPLIAIS7282151LMIEL

Site History:

Development Plan: The application site is located in an area covered by policy GBI (Restrict Development in the Green Belt)

Contrary to Development Plan: No

Consultations:

Representations: None received.

Newspaper Advertisement: Advertised on 13th April 2005

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. In the event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

3. For the avoidance of doubt, all access for the construction and maintenance of the telecommunications tower hereby approved shall be through the industrial site to the north.

Reason: In the interest of traffic safety on the A73.

Background Papers:

Application form and plans received 30th March 2005

National Planning Policy guidance NPPG 19 Radio Telecommunication, July 2001 Planning Advice Note PAN 62 Radio Telecommunication, September 2001 Adopted Monklands District Local Plan 1991 Memo from Transportation Section received : no signed copy

Any person wishing to inspect these documents should contact Mrs Leigh Menzies at 01236 812372. APPLICATION NO. C1051005051FUL

REPORT

1. Description of Site and Proposal

1.I The development for which planning permission is sought is for the installation of a 23.4 metre high telecommunications tower with 6no antenna and associated cabinets. The application site is within the green belt but is positioned within the boundary of a recently constructed industrial unit to the north with a wooded area to the south.

1.2 It is proposed that the telecommunications tower will be of lattice construction and will accommodate three 2G and three 3G antennae, along with two associated equipment cabinets. The proposed access to the tower is via the industrial site.

2. Development Plan

2.1 The site is designated within the Monklands District Local Plan 1991 as GBI (Restrict Development in the Green Belt) and policy TELI (Telecommunications Development) is also applicable. As the application raises no strategic issues, it can be assessed in terms of the local plan policy.

3. Consultations and Representations

3.1 The Transportation Section have been consulted and have requested all access to the site shall be via the industrial site, this will be dealt with by condition.

3.2 Following the standard public notice and neighbour notification procedures no letters of representation were received.

4. Planning Assessment and Conclusions

4.1 The application site is located within a Policy GBI (Green Belt) area which states that no development will be permitted except for; new houses for full time workers in Agriculture or forestry; non residential developments in connection with Agriculture or forestry and uses requiring a rural location. However, the application site is contained within the boundary of a site containing an industrial unit.

4.2 Policy TELI contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact.

4.3 NPPG 19 provides support for telecommunications development in rural areas, where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. Should the applicant have taken all these factors into consideration, refusal is unlikely to be warranted. With regards to PAN 62, it should be noted that it is preferred to locate telecommunication equipment in unobtrusive locations. The applicant has satisfied the criteria set out in both NPPG 19 and PAN 62. 4.4 It is unlikely that there would be a significant negative or positive impact in regards to economic benefit that can be measured. It will be of general benefit to the community to have full signal coverage for mobile phones.

4.5 As for specific locational need several sites were investigated. However due to limited coverage, lack of site providers and the inability to site-share with any other telecommunications installations in the surrounding area, the application site was chosen to provide the appropriate network coverage.

4.6 In considering environmental impact, it is felt that the proposed installation will not have a significant visual impact and would be partially screened by the industrial unit to the north and tree belt to a tree belt to the south. In addition the planting scheme approved for the industrial site will also provide screening from the A73. As for related health impact the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNI RP compliance certificate.

4.7 In conclusion, provision of coverage is still required within the rural area and it is felt that this location provides this while minimising visual impact. It is therefore considered that the location of this tower would not significantly impact the visual amenity and is in line with the relevant local policy. It is therefore recommended that planning permission be granted. Application No: C/05/00533/FUL

Date Registered: 7th April 2005

Applicant: Mr 8, Mrs G Wallace 9 Fullarton Street Coatbridge Lanarkshire ML5 5ER

Agent H.R. Cartwright 39 Craigson Place Airdrie ML6 8PH

Development: Erection of Two Storey Side and Rear Extension to Dwellinghouse

Location: 9 Fullarton Street Coatbridge Lanarkshire ML5 5ER

Ward: 38 Kirkshaws Councillor John Gordon

Grid Reference: 2721 03 663319

File Reference: CIPLICTF952009-1ICMIIEL

Site History:

Development Plan: The property is covered by residential policy HG9 (Existing Residential Area) in the Monklands District Local Plan 1991. Contrary to Development Plan: No

Consultations:

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

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 match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 7th April 2005

Adopted Monklands District Local Plan 1991

Memo from Transportation received 1gTH May 2005

Letter from Mrs A. Henderson,7 Fullarton Street, Kirkshaws, Coatbridge, ML5 5ER received 11th April 2005. Letter from G Brennan,l 1 Fullarton Street, Coatbridge, ML5 5ER received 13th April 2005.

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812375, APPLICATION NO. C/05/00533/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for the erection of a two-storey side and rear extension to 9 Fullarton Street, Coatbridge. The application property is a semi-detached dwellinghouse set within an existing residential area.

1.2 The two-storey side extension is in line with the front of the existing dwellinghouse and will be built to 0.75 metres from the boundary line of No 7 Fullarton Street. The dimensions of the two- storey rear extension are 2.3 metres (length) by 3 metres (breadth) with a pitched roof, which is 1 metre below the existing roofline.

1.3 The facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

2. Development Plan

2.1 The property is covered by residential policy HG9 (Existing Residential Area) in the Monklands District Local Plan 1991. There are no strategic implications.

3. Consultations and Representations

3.1 Two letters of representation have been received from No 7 and No 11 Fullarton Street. The main grounds of objection are as follows:

(i) Reduction in sunlight/daylight to the window and door at the gable end of No 7 Fullarton Street.

(ii) The proposal would reduce the value of No 11 Fullarton Street.

(iii) The distance between the gable end of the extension and the boundary fence at No7 Fullarton Street is not sufficient enough to allow appropriate access.

(iv) The access provided could cause Health and Safety problems in the event of a fire.

3.2 The Transportation section have been consulted and have advised against the proposal because the required two off street parking spaces are not achievable.

4. Planninn Assessment and Conclusions

4.1 In assessing this application the local plan policy HG9 for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing.

4.2 In relation to the grounds of objection these are addressed as follows:

(i) The sunlight/daylight tests aren’t applicable in this case as the door and windows at the gable end of No 7 Fullarton Street are glazed with obscure glass and are not habitable rooms. In any event, the overall detriment, in terms of reduction in sunlight and daylight, would be minimal, as the sunlight/daylight achievable at the gable end of No 7 Fullarton Street would be minimal due to the position of the houses. (ii) Property value is not a material planning consideration and therefore cannot be considered as part of this application.

(iii)and (iv) The plans accompanying this proposal show a 0.75 metre gap between the gable end of the proposed extension and the boundary fence. This is thought to be a sufficient width to allow access to the rear of the property.

4.3 As for Transportation, it is noted that whilst two off street parking spaces cannot be achieved, the current provision is only for one space, and this is not affected by the proposal. Therefore, as the existing parking provision situation is preserved, the proposals’ effect in this case would be neutral, and as such insufficient to justify refusal of planning permission.

4.4 In conclusion I have considered the points of objection raised in regard to the proposed two storey side and rear extension but find no reason to uphold them as it is not considered that the degree of detriment to the objector’s property is sufficient to warrant refusal. The two-storey side extension is acceptable and allows appropriate access. The existing parking provision is also adequate with no detrimental effect on the current parking provision. I therefore recommend that planning permission be granted subject to appropriate conditions. Application No:

Date Registered: 19th April 2005

Applicant: James Hamilton St Annes Cottage Souterhouse Road Coatbridge

Agent Padrino Design 6 Rochdale Place Kirkintilloch G66 1HZ

Development: Part Change of Use of Car Breakers Yard and Associated Building to Waste Transfer Station

Location: Works North Of Marple Cottage Souterhouse Road Coatbridge Lanarkshire

Ward: 40 Old Monkland Councillor Thomas Maginnis

Grid Reference: 272697664238

File Reference: C/PL/CTS750000/1J/EL

Site History: 89321 Change of Use from Timber Yard to Car Spares Yard - Approved October 1989

Development Plan: The site is covered by policy ECON 2:Existing General Industrial Areas in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No response) Scottish Water (No objections) British Gas (No objections) Scottish Power (No objections)

Representations: None received

Newspaper Advertisement: Advertised on 27th April 2005

Comments:

Permission is being sought for the part change of use of a car breakers yard to a Waste Transfer Station on land north of Marple Cottage, Souterhouse Road, Coatbridge. The application site measures 0.02 hectares and currently forms part of a larger car breakers yard that is located within the predominantly industrial part of Souterhouse between a Council Refuge Disposal Yard (to the east) and a large area currently being developed by Persimmon Homes for private housing (to the west).

The site is bounded to the north by an operational railway line and to the south by Souterhouse Road from which the site is currently accessed. The application site accommodates a large industrial type building which is currently used for the dismantling of vehicles as part of the car breakers operations.

The proposal is for the part use of the car breakers yard as a Waste Transfer Station while retaining the car breakers operation within the reduced site. Both operations will be run by the applicant who resides in the adjacent cottage and the existing single point of access off Souterhouse Road will serve both uses. The applicant has confirmed that the waste type will be general skip waste (similar to the adjacent Council Yard) which will be separated out within the existing building and thereafter moved off site. The surface of the site is hard surfaced, all commercial vehicles associated with the proposal will be accommodated on site and there will be no articulated lorries used in the operations. The site is secure through high boundary fencing and screen planting along its eastern boundary with a public pathway.The applicant has also confirmed that he has an operator's licence for the proposed use.

The application site, taken together with the adjoining lands, has been used as a Car Spares Yard since 1989 as a result of planning permission 89/321 (granted October 1989). That use is wholly acceptable and appropriate within the areas development plan designation i.e. ECON 2:Existing General Industrial Areas as contained in the Monklands District Local Plan 1991. There are no strategic implications. The proposed Waste Transfer Station is seen as a sympathetic use to the retained Car Spares Yard and it is relevant to consider that the proposal is also similar in usage to the adjacent Council Refuge Disposal Yard. No objections have been received as a result of the neighbour notification, public advertisement or the statutory consultation process. Having regard to the foregoing I consider the proposal acceptable at this location and I recommend that permission be granted subject to the attached conditions.

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 permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no buildings or structures shall be erected on the site.

Reason: To define the permission.

3. That no industrial process as defined by the Town and Country Planning (Use Classes) (Scotland) Order 1997 shall be carried on outwith the buildings on the application site.

Reason: In the interests of amenity

4. That there shall be no burning of material on the application site.

Reason: In the interests of amenity Background Papers:

Application form and plans received 12th April 2005 Monklands District Local Plan 1991

Letter from Scottish Water received 23rd May 2005 Letter from British Gas received 6th May 2005 Letter from Scottish Power received 6th May 2005 Memo from Protective Services Section received 23rd May 2005

Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382. Application No: C/05/0062O/FUL

Date Registered: 18th April 2005

Applicant: T-Mobile (UK) Ltd Clo Agent

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Development: Installation of 20 Metre Telecommunications Monopole, Incorporating 3No. Antenna and Ancillary Equipment Cabinets

Location: Land To The North Of Broadlees Garage, Carlisle Road Airdrie Lanarkshire

Ward: 51 Chapelhall Councillor Thomas Curley

Grid Reference: 277782 663514

File Reference: CIPLIAIC208ILMIEL

Site History:

Development Plan: The application site is located in an area covered by policy ECON2 (Existing General Industrial Area).

Contrary to Development Plan: No

Consultations:

Representations: 7 Representation Letters

Newspaper Advertisement: Not Required

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. In the event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard. roduced by leminglannlng House and Department Planning Application No C/05/0062O/FUL !{&hire Tryst Road Installation of 20 Metre Telecommunications Monopole, Coundl 167UMBERNAULD1 JW Incorporating 3 No. Antenna and Ancillary Equipment Cabinets Land to The North of Broadlees Garage, Carlisle Road, Airdrie F'apidwd h~m1hOrdni~Su~~y~pplrgwth ii UaprmluicoofUaC~nbdln.fhr~,~~. e1 01236 616210 Fax 01236 616232 Contributors 5 Outwith Map Area SL.1ID-C. Olce ocrnvo -,,*I * Not to Scale IS Licence 10002369 2004 ~u,*,;=::~~~~~~~' Background Papers:

Application form and plans received 18th April 2005

National Planning Policy guidance NPPG 19 Radio Telecommunication, July 2001 Planning Advice Note PAN 62 Radio Telecommunication, September 2001 Adopted Monklands District Local Plan 1991

Letter from G. Gallagher, 53 Monks Road, Airdrie, ML6 9QW received 11th May 2005. Letter from E McEwan, Monkland Glen Community Council, 12 Monks Road, Airdrie, ML6 9QW received 9th May 2005. Letter from A. Middleton, 130 Carlisle Road, Airdrie, ML6 8RH received 19th May 2005. Letter from A McGonnagle, Monkland Lodge, Carlisle Road, Airdrie, Lanarkshire, ML6 8RH received 29th April 2005. Letter from W. King, 19 Cloister Avenue, Airdrie, ML6 9QS received 1Oth May 2005. Letter from M. Bericchia, 18 Glenwood Avenue, Airdrie, ML6 8RY received 16th May 2005. Letter from Monkland Glen Community Council, C/o Dr I.A. Glen, 21 Monks Road, Airdrie, ML6 9QW received 18th May 2005.

Any person wishing to inspect these documents should contact Mrs Leigh Menzies at 01236 812372. APPLICATION NO. C1051006201FUL

REPORT

1. Description of Site and Proposal

1.I The development for which planning permission is sought is for the installation of a 20 metre high telecommunication monopole with associated equipment and cabinet. The application site is positioned on the boundary of an existing industrial area to the south and open fields to the north.

1.2 It is proposed that the mast will be of monopole design and will accommodate 31-10antennae, and 2no dishes along with one associated equipment cabinet. The proposed access to the monopole is via the industrial site.

2. Development Plan

2.1 The site is designated within the Monklands District Local Plan 1991 as ECON2 (Existing General Industrial Area) and policy TELl (Telecommunications Development) is also applicable. As the application raises no strategic issues, it can be assessed in terms of the local plan policy.

3. Consultations and Representations

3.1 The Transportation Section have been consulted and have no objections.

3.2 Following the standard neighbour notification procedures, 7 letters of representation were received against this proposal. The main points of which are as follows:

i. Long term health implications are unknown ii. Consideration should be given to all research relating to the health implications iii. Danger to the health of livestock iv. Telecommunications masts require to be sited well away from housing V. Telecommunications masts are eyesores within the townscape and countryside vi. Telecommunications masts should require to be located only in rural areas vii. NLC and other local authorities should prepare a map indicating the location of these types of installations viii. Lack of neighbour notification to surrounding residents ix. The area is currently being promoted as a countryside walk X. Unfair prejudice on the future development of neighbouring land

4. Planninn Assessment and Conclusions

4.1 Policy TELI contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact. 4.2 NPPG 19 provides support for telecommunications development, where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. Should the applicant have taken all these factors into consideration, refusal is unlikely to be warranted. With regards to PAN 62, it should be noted that it is preferred to locate telecommunication equipment in unobtrusive locations. The applicant has satisfied the criteria set out in both NPPG 19 and PAN 62.

4.3 It is unlikely that there would be a significant negative or positive impact in regards to economic benefit that can be measured. It will be of general benefit to the community to have full signal coverage for mobile phones.

4.4 As for specific locational need several sites were investigated. However due to limited coverage, lack of site providers and the inability to site-share with any other telecommunications installations in the surrounding area, the application site was chosen to provide the appropriate network coverage.

4.5 In considering environmental impact, it is felt that the proposed installation will not have a significant visual impact due to the screening from the existing industrial unit, trees and an embankment. As for related health impact the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP compliance certificate.

4.6 In relation to the grounds of objection, these are addressed as follows:

i. The required ICNIRP Declaration has been supplied stating that the proposal is in compliance with the international safety standards for electro-magnetic radiation emissions. It is conceded that there is significant public awareness of the possible health risks associated with telecommunications apparatus. However, while the public perception of health risks has been regarded as a material planning consideration in previous cases, given that the applicant has provided the necessary ICNIRP certificate, it is considered that health implications are not sufficient enough on their own to justify refusal of this planning application. ii. In drawing up national policy on the health implications the Scottish Executive will have studied all available information. A study of this at the local level is not appropriate. iii. Please refer to the previous two responses. iv . The proposed mast is located approximately 162 metres from the nearest dwelling and 248 metres away from the closest settlement. The national guidance requires that any masts minimise any detrimental visual impact on surrounding residential area and the applicant has taken measures to achieve this. V. Telecommunication equipment generally requires to be located in prominent positions in order to maximise coverage, to ensure the number of installations is kept to a minimum. In this instance it is felt that the applicant has reached a balance between providing a large area of coverage while utilising the landform, buildings and mast structure to minimise the visual impact on the surrounding area. vi. The location of telecommunication masts solely within the rural area would require that the apparatus be larger and more intrusive to the surrounding area in order to provide coverage to urban areas. vii. It is felt that a plan such as this would not be relevant or necessary as the planning assessment looks at each case on its individual merits. viii. The neighbour notification carried out was done so as per statutory requirements. The objector who raised this issue did not require to be neighbour notified. ix. It is felt that the monopole will have a minimal impact on the North Calder Trail as the views are away from the proposal down to the valley. X. The planning assessment can only take into consideration the merits of the current proposal. 4.7 In conclusion, I have considered the points of representations but find that they do not raise any issue that would merit the refusal of this application. The design of the proposal is considered to be acceptable and will have minimal visual impact with the surrounding area. I therefore recommend that planning permission be granted subject to the appropriate conditions. Application No: C/05/00681/FUL

Date Registered: 28th April 2005

Ap pl icant : Melrone Ltd Unit 1, 23 Hallcraig Street Airdrie

Agent IDP Adelphi Centre 12 Commercial Road Glasgow G5 OPQ

Development: Use of Retail Unit as Licensed Bookmakers

Location : 23 Hallcraig Street Airdrie Lanarkshire

Ward: 43 Airdrie Central Councillor James Logue

Grid Reference: 2761 97 665518

File Reference: CIPLIAIH042231CMIEL

Site History: C/04/00458/FUL Change of Use and Subdivision and Alterations of YMCA to Form 4 (Class 1) Retail Units Granted 7thJuly 2004

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by policies COM 4 (Secondary Retail Core Area) and ENV 15 (Conservation Area).

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: 11 May2005

Comments:

Planning permission is being sought for the change of use of a new retail unit (Classl) to a betting office (Class2) at Unit 1, 23 Hallcraig Street, Airdrie.

The new retail unit forms part of a terraced row of 4 shop units that were completed this year. These face onto Hallcraig Street and were formerly occupied by the YMCA centre. The proposals would involve internal alterations with no changes to the exterior of the building. No additional parking facilities are proposed. Car Park

Planning Application No C/05/00681/FUL CUMBERNAULD Use of Retail Unit as Licensed Bookmakers The property is located within an area designated as a secondary retail core area (policy COM4) and also falls within the boundary of the conservation area (policy ENV15). There are no strategic implications.

The Transportation Section had no objection to the proposals although it was noted there were no dedicated parking spaces to be provided as part of the development. There were no representations.

The proposed change of use from class 1 to class 2 would be in accordance with the terms policy COM 4, which supports shopping and other related uses (classes 1, 2 and 3). Whilst there are no dedicated off-street parking provision, the property is located within the town centre where there is adequate provision for visitor parking in the large car park off Hallcraig Street. There are no external alterations to the building. There would be no harm to the amenity of this part of the town centre.

Following consideration of the above, it is concluded that the proposals are acceptable and it is recommended that planning permission be granted subject to condition.

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.

Background Papers:

Application form and plans received 28th April 2005

Memo from Transportation Section received 25th May 2005

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 812376. Application No: C/05/00768/0UT

Date Registered: 12th May 2005

Applicant: Mr G Haddow 255 Dundyvan Road Coatbridge Lanarkshire ML5 4AU

Agent Graham Jinks Planning Consultant 28 Eriskay Avenue Hamilton ML3 8QB

Development: Erection of Businessllndustrial Unit

Location: 255 Dundyvan Road Coatbridge Lanarkshire ML5 4AU

Ward: 38 Kirkshaws Councillor John Gordon

Grid Reference: 273502 664145

File Reference: C/PL/CTD682550000/1J/EL

Site History: 11/74 Erection of building forming dental laboratory and ancillary offices - approved 29 March 1974

Development Plan: The site is covered by policy ECON 2:Existing General Industrial Area in the Monklands District Local Plan 1991

Contrary to Development Plan: No

Consultations:

Representations: None received

Newspaper Advertisement: Not Required

Comments:

Permission is being sought, in outline, for the use of a site at 255 Dundyvan Road, Coatbridge for a Business/lndustrial unit. The site measures 0.9 hectares and is located on the north side of Dundyvan Road to the west of Whifflet RoundaboutThe adjacent uses are a mix of commercial/industriaI premises while the properties on the opposite (south) side of Dundyvan Road are residential in nature. The application site currently contains a flat roofed single storey building that operates as a dental laboratory.

The proposal is to develop the site to accommodate a single Businessllndustrial unit. Being in outline no detailed site layout proposals have been submitted at this stage as these matters will be considered through a subsequent "reserved matters" application should this current application be approved. The only known factors are that the existing structure on site will require to be removed to accommodate any new build and vehicular access into the site will be taken directly from Dundyvan Road as per the existing situation. No objections were received against the proposal as a result of the neighbour notification procedures and the Transportation Section are satisfied that the site can be satisfactorily be accessed (as per the existing arrangements) from Dundyvan Road.

This application requires primarily to be considered against the development plan and any other relevant matters. The Monklands District Local Plan 1991 identifies the application site with a policy ECON 2 (Existing General Industrial) area within which the Council supports the retention of the predominantly industrial character and allows for the sub-division of vacant factories to provide premises for small firms together with wholesale or distribution outlets, excluding any retail outlets. The application site currently operates as a Class 4 (Business) use i.e. dental laboratory and the site is zoned specifically for General Industrial (Class 5) use under policy ECON 2. The proposed use of the site for Business/lndustrial use is therefore compliant with the development plan and appropriate to this specific location taken the predominance of similar type uses within the surrounding area. I therefore recommend that permission be granted subject to the attached conditions.

Recommendation: Grant Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (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;

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

2. That the development hereby permitted shall be started, either within 5 years a the date of this permission, or within 2 years of the date of 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.

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.

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

4. That the development hereby granted shall relate to the use of the site solely for a use included within Classes 4 & 5 of the Town and Country Planning (Use Classes)(Scotland) Order 1997.

Reason: To define the permission.

5. That the height of any buildings on site shall not exceed two storey in height.

Reason: To safeguard the amenity of the surrounding area. 6. That, notwithstanding the requirements of condition 1 above, provision shall be made within the curtilage of the application site for sufficient parking space based on the minimum standards of 1.1 spaces per 100 metres square gross floor area.

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

Background Papers:

Application form and plans received 12th May 2005 Monklands District Local Plan 1991 Memo from Transportation Section received 20th May 2005 Memo from Protective Services Section received 18th May 2005

Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382. Application No: S/04/01856/FUL

Date Registered: 21 October 2004

Applicant: Mr & Mrs S Lafferty 36 Ellisland Wynd Motherwell MLI 5HF

Agent: Paul M lnnes 58 Orchard Grove Coatbridge ML5 3PL

Development: Erection of a Two-Storey Rear Extension

Location: 36 Ellisland Wynd Motherwell Lanarkshire MLI 5HF

Ward: 29: Newarthill Councillor John Lafferty

Grid Reference: 2771 50 659459

File Reference:

Site History: No relevant site history

Development Plan: Northern Area Local Plan - Established Housing Area Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) - Established Housing Area

Contrary to Development Plan: No

Consultations: None required

Representations: None received

Newspaper Advertisement: Not required

Comments:

Planning consent is sought for a 2 storey rear extension to the end-terraced dwellinghouse at 36 Ellisland Wynd, Newarthill which is located within an established housing area. The extension projects 4.3 metres from the rear elevation and measures 6.7 metres wide. It is recessed 0.5 metres from the east side boundary in order to accommodate eaves and guttering within the curtilage of the house. This conversely results in the extension projecting 1.4 metres from the west gable wall of the dwellinghouse. The extension will accommodate a dining room and kitchen on the ground floor and an additional bedroom with en-suite on the upper floor.

The principle of the extension raises no strategic or local planning issues as the site lies within an Established Housing Area on the adopted Northern Area Local Plan and the emerging Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) where household extensions are common place. No consultations were necessary for this form of development and no objections were received. Policy HSG13 'House Extensions' of the emerging local plan lists the criteria which should be considered in determining applications for such developments and each point will be discussed in turn.

Firstly, parking provision for the dwelling will remain unaffected, and a condition could be imposed to secure satisfactory finishing materials to match the existing house.

Secondly, the footprint of the extension equates to approximately 71 % of the existing dwellinghouse footprint and is therefore considered excessive, especially within a terraced setting where the building pattern and plot ratio is tight. This coupled with the existence of 2 small outbuildings measuring approximately 7 square metres in total, results in the retention of only 56 square metres garden ground and 6.3 metres depth of garden which is considered substandard in terms of the Council‘s open space standards.

Thirdly, the perpendicular roof pitch and positioning of the extension which results in its protrusion beyond the dwelling’s western gable wall, appears somewhat disjointed when viewed in association with the existing dwellinghouse and renders the appearance of the extension bulky in massing terms. In its favour, the extension will not be visually conspicuous when viewed from the front of the dwellinghouse given that it is sited to the rear and 7 metres in recess from the front elevation. However, this plot effectively presents 2 frontages owing to the location of a large well-used parking court to the rear of the property where the extension will appear visually prominent and viewed at close quarters. The extension is therefore considered unacceptable in terms of its position and design.

Finally, given the orientation of the rear garden facing north, a sunlightldaylight test was undertaken to assess the effects of a 2 storey extension on the resulting levels received by adjacent neighbours. The tests concluded that no. 34 Ellisland Wynd to the east of the site, would receive 32% daylight which falls within acceptable limits. The property would receive 12% sunlight which albeit is below acceptable standards, is only 2% less than it currently receives owing to its northern orientation and is therefore considered acceptable. No. 38 to the west of the site would receive 34.5% daylight which falls within acceptable limits. However, the property would only receive 2% sunlight following the extension compared with 14% which it currently receives. Thus a reduction in sunlight levels of 12% is considered sign if ica nt and unacceptable.

In light of the above issues, the agent was requested to amend the proposal to a single storey extension which would resolve the sunlight issues, and to recess the extension in line with the existing gable thereby satisfying design and garden ground issues. Following discussion with the applicants, they have requested that the application be determined as currently lodged and have sited similar examples of extensions in Lintie Road, Newarthill and Sherry Avenue, Holytown as well as others in South Lanarkshire which have previously been approved. I would not wish to comment on the extensions in South Lanarkshire, but would advise that whilst the extension at Lintie Road projects beyond the gable, it is not visually conspicuous, retains suitable garden ground (approximately 100 square metres) and does not give rise to sunlight/daylight issues with neighbours. Similarly, the extension at Sherry Avenue is designed in complement with the existing house in terms of building massing and roof design, is not visually conspicuous and does not reduce the sunlight levels of an adjacent neighbour to such a significant degree.

Thus, having taken all matters into account, I consider the size, roof design and positioning of the extension and its impact on neighbours unacceptable and in contravention of Policy HSG13 and therefore recommend that planning permission be refused.

Recommendation: Refuse for the Following Reason:-

1. That the proposed extension is contrary to Policy HSG13 ‘House Extensions’ of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) by virtue of its size, roof design and positioning as it will detrimentally affect the appearance of the dwelling, remaining garden ground, and resulting sunlight levels received by the adjacent neighbour thereby affecting the residential amenity of the area. Background Papers:

Application form and plans received 21 October 2004

Northern Area Local Plan Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Joanne Delaney at 01 698 3021 37 Application No: S/05/00149/FUL

Date Registered: 18th February 2005

Applicant: Mr Stephen Boyd 283 Main Street Bogside Wishaw ML2 9PP

Agent Caldwell, Lindsay Associates 81 Hamilton Park South Hamilton ML3 OFH

Development: Erection of Dwellinghouse

Location: Land At 279 Main Street Bogside Wishaw Lanarkshire

Ward: 16 Newmains

Grid Reference: 282932 6541 22

File Reference: S/PL/B/3/94

Site History: 249/81 - Permission granted for erection of double garage S/99/00124/OUT - Erection of Detached Dwelling and Stables, referred to Scottish Ministers and granted subject to conditions on 13'h March 2000. S/00/00390/REM - Erection of Dwellinghouse and Stables, grant subject to conditions on 24thAugust 2000.

Development Plan: The site is zoned ENV6 - Green Belt in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

The site is zoned Green Belt in the Central Industrial Area Part Development Plan 1964

Contrary to Development Plan: Yes

Consultations: Leisure Services (Comments) Scottish Natural Heritage (No Objection) Scottish Environment Protection Agency (Comments) British Gas ( No Objection) Scottish Power ( No Response)

Representations: None

Newspaper Advertisement: Advertised on 2nd March 2005 Mm L.m+mm Couno, DVdLDd brntt" OihvuO"W* mrFiwwl" ihlnrngand Ewlmnmm PLANNING APPL ICAT10 N NO S/05/00149/FU L v. cam Im dna Caloilnd ktM,ey* hadgunem a-r, msa ~ClaniWrCt Slue501 FbmmngHouc 2 TWRoad wusmtww ERECTION OF DWELLINGHOUSE 087 I JW Tebphm OlEM dlml0 Far 01238816232 LAND AT 279 MAIN STREET, BOGSIDE, WISHAW 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 starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.

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

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping , grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details for the location, number, variety and size of trees and shrubs to be planted.

Reason: To ensure that the landscape is appropriate for the site and the general area.

5. That before the dwellinghouse hereby permitted is commenced, the private access which serves No.279 Main Street and the new dwelling shall be re-surfaced in an impervious material to be approved by the Planning Authority.

Reason: In the interests of road safety by ensuring that the access road is to an acceptable standard.

6. That no vehicles shall be parked on the shared private access road at any time.

Reason: In the interests of road safety.

7. That before the dwellinghouse hereby permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To allow adequate space for vehicles to turn and exit the site in forward gear in the interests of traffic safety.

8. That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking facilities. Reason: To ensure the provision of adequate parking facilities within the site.

9. That no gates, or other obstructions, shall be erected within the first 5 metres of the driveway, as measured from the public road.

Reason: In the interests of public safety.

10. That before any development commences on site written confirmation shall be submitted to the Planning Authority that the drainage works are able to be carried out to the satisfaction of Scottish Water and the Scottish Environment Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems and before any dwelling is occupied written confirmation shall be submitted to the Planning Authority and these works have been completed to the satisfaction of Scottish Water and SEPA.

Reason: In the interests of amenity and public health in relation to drainage of the dwelling and all hard surfaces.

11. That before development hereby permitted starts, a report 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 the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure that the site is free of contamination.

Background Papers:

Application form and plans received 2nd February 2005 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Memo from Transportation Manager received 10th April 2005 Memo from Head of Protective Services received 11th March 2005 Memo from Leisure Services received 9th March 2005 Letter from Scottish Natural Heritage received 7th March 2005 Letter from Scottish Environment Protection Agency received 27th April 2005 Letter from British Gas received 2"d March 2005

Any person wishing to inspect these documents should contact Mrs Marlaine Lavery at 01698 302099. APPLICATION NO. S1051001491FUL

REPORT

1. Description of Site and Proposal

1 .I The applicant seeks permission for the erection of a dwellinghouse at land at 279 Main Street, Bogside, Wishaw. The site is set between two existing dwellinghouses at Nos. 279 and 281 Main Street, within a small ribbon development.

1.2 It is proposed to erect a one and a half storey detached dwellinghouse, with an integral garage, The dwelling will front onto Main Street and will have a footprint of approximately 120 square metres. The rear garden depth is substandard as it is only 6 metres deep, however the plot has a substantial side garden measuring approximately 115 square metres and an open outlook to the rear. The application site would be accessed from a driveway that currently serves the existing property of 279 Main Street.

2. Development Plan

2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000.

2.2 The site is covered by Policy ENV 6 Green Belt in the Southern Area Local Plan Finalised Draft (modified 2001 and 2004). This policy seeks to safeguard to character an function of the Greenbelt as defined on the Proposals Map and will not normally permit development other than that which relates to agriculture, forestry, the generation of power from renewable sources, outdoor leisure and recreation uses or other appropriate rural uses.

2.3 In the adopted Central Industrial Area Part Development Plan 1964 the site is zoned as Green Belt which generally prohibits residential development.

3. Consultations and Representations

3.1 My Transportation Section would prefer no further developments on Main Street, due to the substandard access that is not surfaced and in poor condition. They are also concerned about the visibility from the proposed access. They require a visibility splay of no less that 2.5 x 21 5m which is unachievable due to obstructions and outwith the applicants control.

3.2 SEPA originally had concerns regarding the foul drainage arrangements for this development, however they are now satisfied with the applicant's proposal which involves a septic tank and soakaway within the curtilage of the dwellinghouse.

3.3 The Protective Services Section have no objections to the proposal but recommend that a site investigation report be undertaken in order to ensure that the site is free from contamination and that a noise assessment is undertaken with respect to railway noise.

3.4 NLC Community Services have no objections but have requested that full details of the landscape proposals be submitted.

3.5 Scottish Natural Heritage have no objections to the proposal.

3.6 No objections were received from the utility bodies consulted and no letters of representation were received from the neighbour notification process. 4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the Local Plan Policies. The primary issues to be considered here are the compliance with the relevant development plan policies and the affect the proposal will have on the surrounding area.

4.2 The first policy issue in the assessment of this application is the Green Belt designation. The site is an infill development within an existing ribbon development, which consists of detached dwellings in spacious plots. With houses bounding the site at each side there is no scope for further development into the adjoining countryside. In these circumstances I consider that a residential development is acceptable in principle on this particular site and that the design of the proposed dwelling will respect the existing character of the area.

4.3 Whilst my Transportation Section are concerned about the substandard condition of the access and visibility splay, it must be recognised that the existing access serves the original dwellinghouse on the site and I do not therefore consider this issue sufficient to warrant a refusal. The re-surfacing of the access can ensured by attaching an appropriate condition.

4.4 With regard to the foul drainage arrangements for this site, SEPA will confirm in writing that they are satisfied with the applicant’s proposal to provide a septic tank and soakaway.

4.5 In concluding it is considered that the proposal is acceptable at this location and I therefore recommend that planning permission be granted subject to the attached conditions. Application No: S/05/00281/LBC

Date Registered: 1 April 2005

Applicant : T Mobile (UK) Ltd Clo Agent

Agent: Stappard Howes 122 Dundyvan Road Coatbridge ML5 IDE

Development: Installation of 6 Pole Mounted Antennae and New Window Louvres in Bell Tower and Ground Based Equipment Cabin within Tower

Location: G.L.O. Centre 78 Muir Street Motherwell Lanarkshire MLI IBN

Ward: 11: Watsonville Councillor Alan Valentine

Grid Reference: 275127 657207

File Reference: SlPLlBll3131FM

Site History: S/99/00168/FUL - Planning Permission granted at apfeal for the installation of telecommunications apparatus on the 13' November 2000.

S/99/00170/LBC - Listed Building Consent gra$ed at appeal for the installation of telecommunications apparatus 13 November 2000.

S/99/01650/FUL - Planning Permission granted for alterations and extension to the G.L.O. Centre on the 24'h January 2000.

Development Plan: The site is zoned as a Town Centre Area in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: No

Consultations: The Scottish Civic Trust (No comments received) Architectural Heritage Society of Scotland (No objections) Historic Scotland (No objections)

Representations: 2 Letters of Representation

Newspaper Advertisement: Advertised 14 April 2005

Comments:

The applicant T-Mobile (UK) Ltd, seeks listed building consent for the installation of 6 pole mounted antennae and associated equipment cabinet at ground level at the G.L.O. Centre, 78 Muir Street, Motherwell, a category (B) Listed Building. It is also proposed to replace the existing louvres with GRP louvres to be finished in a colour to match the existing building. A planning application is not required in this instance as the proposed equipment is to be internally located and so does not constitute 'development'. Listed building consent for telecommunications apparatus on the site has been granted previously, but not implemented. paprodmadtmm ma oldranor SUWY mppinp wim Nwh Lamrkshire Councii PLANNING APPLICATION No S I05 I00281 I LBC ~prmll.,~dIho~~llar~lhahh~NI Ranningand Environment SaUomgOUke QCnmcop~gM Headquarks unam3ad rspPdductbn Irr3W Cmn mp-hf Suite 501 Fleming Heme INSTALLATION OF SIX POLE-MOUNTEDANTENNAE md myl~dfop-Uonorsvlp~~dmg. 2 Tryst Road AND NEW WINDOW LOUVRES IN BELL TOWER AND CUMBERNAULD GROUND BASED EQUIPMENT CABIN WITHIN TOWER 0671 JW A &shire Telephmne 01238 616210 GLO CENTRE, 78 MUlR STREET, MOTHERWELL Fax 01238618232 Council OS Licence 100023369 2w4 * Representation The application site is a former church located on the northern edge of Motherwell Town Centre, with Motherwell Station to the west, flatted dwellings to the north, Dalziel High Parish Church and Manse to the south east and flatted dwellings with retail units on the ground floor to the south across the railway line.

The site is within a ‘Town Centre Area’ in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) to which Policy RTL 5 applies. This policy seeks to protect and enhance the retail and commercial function of town centre areas. Policy ENV 18 (Listed Buildings) is also applicable and indicates that the Council will resist proposals which would harm the historic or architectural interest of a Listed Building.

Two letters of representation have been received in connection with this application. The objections cover matters such as health concerns and the proximity of the application site to one objector’s dwelling. However the objections as detailed cannot be considered by this application as a listed building consent can only assess the impact of the development in relation to the impact on or within the curtilage of the building.

The Scottish Civic Trust have been consulted in relation to this application and as yet have not responded to the consultation. Historic Scotland and the Architectural Heritage Society of Scotland have been consulted and have raised no objections to the application. It is considered that the installation is acceptable in terms of design and visual impact on the category (B) listed building as the majority of the proposed equipment is to be sited within the bell tower and it is therefore recommended that Listed Building Consent be granted subject to conditions.

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 all fixtures shall be located at mortar seams and not directly on to the stonework.

Reason: To protect the historic masonry of the Listed Building and preserve the character of the Listed Building.

That the replacement louvres within the tower’s bell room shall be detailed and coloured to match the originals in every respect.

Reason: To protect and preserve the character of the Listed Building in the interests of visual amenity.

That in the event that the equipment becomes redundant it must be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure reinstatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 29th March 2005 Letter from the Architectural Heritage Society received 25th April 2005. Letter from Historic Scotland Received 18'h May 2005

Letter from Dalziel Parish Church, Pollock Street, Motherwell received 22nd April 2005. Letter from Dalziel Parish Church Board, 55 Kylemore Crescent, Motherwell received 11th May 2005

National Planning Policy Guidance 19 Radio Telecommunications, July 2000 Planning Advice Note PAN62 Radio Telecommunications, July 2001 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Memorandum of Guidance on listed buildings and conservation areas 1998

Any person wishing to inspect these documents should contact Fraser Miller at 01 698 302087.

Members should note that if minded to grant the application, the application requires to be referred to Historic Scotland. Application No: S/05/00345/FUL

Date Registered: 8th March 2005

Applicant: Terex Equipment Ltd Newhouse Industrial Estate Newhouse

Agent The John Russell Partnership Anderson House Dundyvan Road Coatbridge ML5 IDB

Development: Extension of Concreted Yard and New Road Sections with Random Raised Paviors & Sinusoidal Section to Form a Test Track

Location : Land At Terex Kirk Road Newhouse Motherwell Lanarkshire

Ward: 27 Holytown Councillor James Coyle

Grid Reference: 277969 661 138

File Reference: S/PL/B/5/66(289)/JD

Site History: 05/00347/FUL Change of use from Derelict Restaurant Building to Training School and Marketing Suite and Formation of Pitched Roof to Building

Development Plan: Northern Area Local Plan - Zoned as Established Industrial Area Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) - Zoned as Established Industrial and Business Area

Contrary to Development Plan: No

Consultations: None required

Representations: None received

Newspaper Advertisement: Advertised on 16th March 2005

Comments:

Planning consent is sought for the extension of the concrete yard and formation of 2 new road sections for vehicle testing at Terex, Kirk Road, Newhouse Industrial Estate, Motherwell. Terex manufacture a range of heavy earth moving equipment and currently run the vehicles around the factory yard which has a relatively even surface. However, this has proven inadequate in testing that hoses are connected properly or that all seals are tight. Thus, comprehensive test areas are proposed to NOM Lsnarkrhm Ceunol Reprdudtmm he Ordname Svvay mppmq *il Plsnnlng and Emrironrmnt PLANNING APPLICATION No S I05 I00345 I FUL he prm~wnof Ihe Conboiler of hsr Maieslgi Hsadqusbra SUthwyO~csOCrwmco~qht ?.lite501 Fbmmg House uraunaissd repoduom inmngee cmw cpp~ 2Tvel Rod EXTENSION TO CONCRETED YARD AND NEW ROAD erC may I& b pm-cYPOn w civil pmcsdinas CUMBEIPUAULD SECTIONS WITH RANDOM RAISED PAVIORS AND GB7 1 JW SINUSOIDAL SECTION, TO FORM A TEST TRACK Telephone 01238 818210 rkshire FOX 01258818232 LAND AT TEREX, KIRK ROAD, NEWHOUSE, MOTHERWELL Council Os Lljnce 100023380 2004 Site Area = 3 5 ha confirm that vehicles are in proper working order prior to shipment overseas.

New brake test ramps measuring 6 metres in height at the apex will be formed at the north eastern corner of the site which currently comprises rough scrubland, and will demonstrate whether laden vehicles can stop on a steep slope and hold both on the foot and handbrake. A steering test area will be formed within the existing yard on the central northern part of the site. Finally, new sections of road will be linked with existing hardstanding areas to form a new test track in the form of a figure of 8 and will be sited on the central eastern edge of the site where it adjoins Malcolm's haulage yard. It is intended to utilise as much of the existing sloping hard standing area as possible to minimise costs. The long section of the track will form a sinusoidal wave pattern of varying topography which will test the vehicle's suspension. The northern length of track will comprise irregular patterns of raised paviors to make the vehicles shake as they pass over thereby testing the hydraulic seals.

It was proposed to test the vehicles 24 hours per day but given that there are some dwellinghouses within the near vicinity, a noise assessment was undertaken to predict the resulting levels and their effect on neighbours. The survey concluded that noise levels during day-time are unlikely to generate justifiable complaints and should be allowed, however, night time noise may be an issue. It was advised that once the track was completed, testing of vehicles should be carried out at night-time to confirm the actual noise levels, and a report be submitted to the Planning Authority for approval prior to night-time testing being allowed full time.

The site is zoned as an Established Industrial Area on the adopted Northern Area Local Plan and is similarly zoned an Established Industrial and Business Area on the emerging Southern Area Local Plan Finalised Draft (Modified 2001 & 2004). Policy supports the improvement and safeguarding of existing uses and it is considered that the new testing areas are acceptable within an industrial setting. NLC Transportation raised no objections to the proposals and Pollution Control agreed with the findings of the noise report suggesting that a condition be imposed limiting testing to daytime until a further noise survey was submitted demonstrating night-time noise levels, which if deemed acceptable, could be permitted thereafter. No objections were received following the press advertisement and neighbour notification procedures.

It is recommended that planning consent be 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 notwithstanding condition 1 above, testing of vehicles shall only take place during the day- time between the hours of 0800 and 2000 until a further survey is submitted confirming night time noise levels which if found to fall within acceptable limits by the Planning Authority, the testing hours shall thereafter be extended in concurrence with the conclusions of the report.

Reason: To protect the amenity of nearby residents.

Background Papers:

Application form and plans received 8th March 2005 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Memo from NLC Transportation Section received 11th April 2005 Memo from NLC Pollution Control Section received 6th April 2005

Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01 698 3021 37. Application No: S/05/0041OlFUL

Date Registered: 17 March 2005

Applicant: T-M o b ile Clo Agent

Agent Stappard Howes 122 Dundyvan Road Coatbridge ML5 7DE

Development: Installation of a 14.7m Streetworks Monopole Incorporating 3NO. Antennas and Associated Equipment Cabinets

Location : Land At Benford Knowe Newarthill Motherwell Lanarkshire

Ward: 29 - Newarthill Councillor John Lafferty

Grid Reference: 277944659625

File Reference: SlPLIBl5l60lFM

Site History: No relevant site history

Development Plan: The site is zoned as an area of Protected Open Space in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations: NLC Transportation Section (Comments) Newarthill Community Council (Comments) NLC Education Department (Objections)

Representations: 37 Letters of Representation and two petitions containing 75 signatures combined

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reason:-

1. That the proposed telecommunications monopole represents an unacceptable visual intrusion within the surrounding area and in particular for surrounding residents to the detriment of residential amenity and as such is contrary to the aims of Policy CS 6 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

2. That the proposed monopole is located in close proximity to residential properties, community facilities and schools, and therefore the proposal does not comply with Policy CS 6 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) which stated that the Council will take a precautionary approach to telecommunications developments and will seek to locate them in industrial and commercial areas which are not densely populated or contain sensitive uses. MrthLa~rkshreCouncl PLANNING APPLICATION No. S I05 I00410 I FUL RspmdwdfmmUvlOdnnate~ml~lSofUvlconmllerolhtrMPst/~ SUW" rmPPlndUnh Planning and Emirormert SebwryOnb OCminwppght Headquaderr lJismnaa repmdurbn rfnwcmm mpmm SudeSO1 Reining How INSTALLATION OF A 14.7 METRE STREETWORKS md myleadtopm~monor a" Iprcced,ngs 2 Tryst Road MONOPOLE INCORPORATlNGTHREE AKTENNAE, CUMBERNAULD AND ASSOCIATED EQUIPMENT CABINETS 0871 JW &hire Telephone01236 616210 LAND AT BENFORD KNOWE, NEWARTHILL, MOTHERWELL. Fax 01236816232 Council Li Representations Os Licence 100022369 2004 * Background Papers:

Application form and plans received 17 March 2005

Memo from NLC Transportation Section received 1 April 2005 Letter from Newarthill Community Council received 1 April 2005

Letter from Paul Glenn & Fiona Burns, 1 Benford Knowe Newarthill Motherwell MLI 5BQ received 25 February 2005 Letter from Heather Thomson & Douglas Lindsay, 15 Benford Avenue Newarthill Motherwell MLI 5BE received 25 February 2005 Letter from Mrs Francis Chance, 15 Kilbreck Lane Newarthill Motherwell MLI 5HL received 25 February 2005 Letter from Mrs M Smith & Mr R Smith, 110 Burnside Road Newarthill MLI 5BU received 24 February 2005 Letter from Mr & Mrs Adam, 42 Kirkhaill Road Newarthill received 24 February 2005 Letter from Owner/Occupier, 13 Benford Knowe Newarthill MLI 5BQ received 22 February 2005 Letter from Mrs Alison McAlorum, 112 Burnside Road Newarthill MLI 5BU received 22 February 2005 Letter from Rosemary Reilly, 44 Kirkhall Road Newarthill MLI 5BS received 21 February 2005 Letter from P McGlynn, 9 Benford Knowe Newarthill Motherwell MLI 5BQ received 23 February 2005 Letter from Owner/Occupier, 12 Benford Knowe Newarhill received 23 February 2005 Letter from Mary Clark, 19 Benford Knowe Newarthill received 23 February 2005 Letter from Clara Ward, 114 Burnside Road Newarthill MLI 5BU received 3 March 2005 Letter from Mrs S Edwards, 5 Beneford Knowe Newarhill MLI 5BQ received 2 March 2005 Letter from Sean & Clare Murphy, 7 Benford Knowe Newarthill MLI 5BQ received 2 March 2005 Letter from Ann Townsley, 100 Burnside Road Newarthill MLI 5BU received 4 March 2005 Letter from Robert Maxwell, Address not given received 8 March 2005 Letter from Mr Allan & Mrs Jane MacGregor, 3 Benford Knowe Newarthill MLI 5BQ received 26 February 2005 Letter from Jane Nugent, 3 Brannock Avenue Newarthill MLI 5DS received 25 February 2005 Letter from Miss Mary Woods, 22 Brannock Avenue Newarthill MLI 5DS received 21 March and 24 2005 Letter from Mrs Alison McAlorum, 112 Burnside Road Newarthill MLI 5BU received 23 March 2005 Letter from Jane Nugent, 3 Brannock Avenue Newarthill MLI 5DS received 24 March 2005 Letter from Mrs Mary Devlin, 13 Benford Avenue Newarthill Motherwell MLI 5BE received 29 March 2005 Letter from Christopher G Taylor (Rev.), St. Teresa's Benford Avenue Newarthill Motherwell MLI 5BE received 31 March 2005 Letter from Catherine McDonald, No Address Given received 31 March 2005 Letter from Mari Stewart, No Address Given received 31 March 2005 Letter from Rosemary Reilly, 44 Kirkhall Road Newarthill MLI 5BS received 21 March 2005 Letter from James K Morrison, 36 Kirkhall Road Newarthill Motherwell MLI 5BG received 21 March 2005 Letter from Daniel Smith, 22 Gowkhall Avenue Newarthill MLI 5JF received 5 April 2005 Letter from Anne Cowan Smith, 120 Burnside Road Newarthill MLI 5BU received 5 April 2005 Letter from Daniel Smith, 120 Burnside Road Newarthill MLI 5BU received 5 April 2005 Letter John Smith, 120 Burnside Road Newarthill MLI 5BU received 5 April 2005 Letter from Daniel Patrick Smith, 22 Gowkhall Avenue Newarthill MLI 5JF received 5 April 2005 Letter from Marie Therese Smith, 22 Gowkhall Avenue Newarthill MLI 5JF received 5 April 2005 Letter from Maria Yvette Smith, 22 Gowkhall Avenue Newarthill MLI 5JF received 5 April 2005 Letter from Mary Devlin, 13 Benford Knowe Newarthill MLI 5BE received 6 April 2005 Letter from Councillor James Martin, Member Services, Civic Centre, received 15'h April 2005 Letter from Michael McMahon MSP, Parliamentary Advice Office, 188 Main Street, Bellshill, ML4 IAE, received 14'h March 2005. Petition containing 64 signatures received 6 April 2005 Petition containing 11 signatures combined received 10 March 2005

National Planning Policy Guidance 19 Radio Telecommunications, July 2000 Planning Advice Note 63 Radio Telecommunications, July 2001 Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Fraser Miller at 01698 302087 REPORT

1. Description of Site and Proposal

1 .I The applicant T-Mobile (UK) Ltd is seeking planning permission for the erection of a 14.7 metre high telecommunications monopole incorporating 3 No. antennas and associated equipment cabinet on land at Benford Knowe, Newarthill, Motherwell. The application site is situated in a predominantly residential area, with a small area of open space immediately fronted by trees approximately 7 metres in height to the north, another small area of open space to the south, St Teresa’s Church to the west and Newarthill Church to the west. The site is within close proximity to housing in all directions with the nearest residential property being approximately 45 metres from the application site.

1.2 It should be noted that the proposed telecommunications monopole is approximately two and half times the size of the lampposts located on Benford Knowe and approximately 7 metres higher that the thin line of trees to the north of the application site. Furthermore the site is located at the edge of an area of open space, which is a well-used informal play area for local children.

1.3 The applicant has provided details of alternative site searches, the necessary INCIRP declaration confirming that the proposal is within international public health standards.

2. Develop ment Plan

2.1 The site is zoned as an area of ‘Protected Open Space’ in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) to which Policy L3 applies. This policy seeks to protect from development formal and informal public and private open space by resisting proposals that would adversely affect such spaces. Policy CS6 (Telecommunications Development) is also applicable. Policy CS6 states that the Council will adopt a precautionary approach to new telecommunications developments and will seek to locate them primarily in industrial and commercial areas which are not densely populated or contain sensitive uses such as residential areas, schools, nurseries or hospitals. The policy also states that applicants should provide evidence that they have done an alternative site search, demonstrate how the proposal fits into the wider network and make an ICNIRP declaration, which states that the proposal is within acceptable safety limits in terms of non-ionising radiation.

3. Consultations and Representations

3.1 The Transportation Manager has no objections to the proposal provided the equipment is located outwith the 4.5m by 35m junction sightline to the right at the junction of Kirkhill Road with Benford Knowe.

3.2 NLC Education Department have commented that they have concerns regarding the installation of a radio telephone communication antenna in the vicinity of schools as the perception of the school community, is that these installations may represent a danger.

3.3 Newarthill Community Council have objected to the application and their comments are included in paragraph 3.6 below.

3.4 Michael McMahon MSP has objected to the proposal and has commented that the proposed location is aesthetically insensitive and it is considered that the proposed monople will be a visual blight in the proposed location.

3.5 The Local member has not objected to the proposal, however Councillor Jim Martin, who’s ward is nearby has objected and the relevant comments are included in the next paragraph. 3.6 In total, 37 letters of representation and two petitions with a total of 75 signatures have been received in connection with the proposal. The objections can be summarised as follows:

1. Concerns over public health; 0 Close proximity to residential properties and St Teresa’s Church and Newarthill Church, a baby clinic, OAP day centre and Schools. 0 The adverse affects of radiation emitted from masts and the potential to harm occupants in the surrounding area. This is extremely pertinent as current scientific investigations cannot give an unequivocal guarantee that there are no adverse health risks involved. 0 Close proximity to the informal play areas on both sides of the application site.

2. Visual amenity - detrimental impact on the environment as the proposal would be clearly visible from Benford Knowe and surrounding streets given the proposed size of the monopole and elevated position. Additionally the trees to the north will not screen the proposed monopole and the monopole would disrupt the visual axis of St Teresa’s and Newarthill Churches.

3. The proposal would have a detrimental impact on value of surrounding residential properties.

4. Concerns over the limited numbers of neighbours that were notified.

5. Consideration should be given to the use of green belt sites outwith residential areas.

6. The attraction of the monopole for anti-social behaviour

3.6 Two letters have requested that a site visit and hearing be carried out prior to the determination of the application. Furthermore these letters have requested if the Council have objected to the proposal as landowner, if the site could be developed for alternative uses in respect of the North Lanarkshire Local Plan, and if the proposal would require a wayleave for power supply from NLC and if this would be granted. Additionally the letters further request that information is submitted by the applicant confirming the traffic light rating of the site, a list of those consulted and any responses received, a plot of the coverage required and the existing network coverage for the M8 and surrounding area, a drive trial data to demonstrate existing coverage street by street, plot of how the proposed site meets the requirements and a list of options considered and rejected. It has also been requested by the objectors that the build costs for the project are submitted to the Council.

4. PLANNING ASSESSMENT AND CONCLUSIONS

4.1 This application must be assessed against the relevant development plan policies, Policy CS6 (Telecommunication Developments) and L3 (Protected Open Space) and government policy set out in NPPG 19 Radio Telecommunications. In assessing this particular proposal in terms of Policies CS6 and L3, it is considered that the relevant determining factors are, the nature of the locality and proximity to sensitive uses such as housing and schools, design and visual impact issues, the extent to which more suitable alternative sites exits; and the scope to share existing facilities.

4.2 In considering the nature of the locality and proximity to sensitive uses, the area is predominately residential in nature with the closest residential properties being 45 metres away. In addition there are a number of community facilities in the area that operate on a regular basis, two religious places of worship, a baby clinic, various day centres and schools. It is considered that the proposed siting of this development does not accord with policy CS6 due to its proximity to the sensitive uses as detailed above. 4.3 In terms of the visual impact of the proposal, the proposed monopole is approximately two and a half times the size of the lampposts on Benford Knowe and 7 metres higher than the trees to the north of the site. Additionally the site is on the brow of a hill, set back 2.5 metres from the heel of the road near the junction of Benford Avenue and Benford Knowe breaching the building lines of the adjacent properties. It is therefore considered that that in this particular location the combined location and height of the proposed monopole represents a detrimental impact on visual amenity of the surrounding residential properties and the streetscape of Benford Knowe contrary to the aims of Policy CS 6.

4.4 In respect of the suitability of alternative sites the applicant has provided information on how the proposal would fit into the existing network, details of the alternative sites and the necessary ICNIRP declaration showing that the proposal is within international accepted limits in terms of radiation and public safety. The information provided indicates that an installation at Legbranock Farm was discounted because the landowner does not wish to allow the use of the land; St Teresa’s Church has been discounted, as the structure has been deemed unsuitable for a telecommunications development; a site on Byres Road has been discounted, as the land is lower that the proposed site and this would mean that a higher mast then currently proposed would be required; agricultural land to the south east of Carfin Road has been discounted as the land falls sharply towards the south of the cell area and would therefore provide an unsatisfactory level of coverage to the target area.

4.5 In terms of the comments made by the Transportation Section, I would advise that in the event that the application is approved, a condition could be imposed requesting that the monopole and associated equipment is relocated outwith the visibility splay of Kirkhill Road and Benford Knowe.

4.6 In relation to the points of objection not covered by the comments above, I would further comment as follows:-

The potential de-valuing of residential properties is not a material consideration in the assessment of this application. In respect of the concerns over the limited number of neighbours that were notified, the applicant is required to notify land that adjoins the boundaries of the application site. In this instance the applicant has gone beyond the requirements and notified properties that do not share a common boundary with the application site. Furthermore the application due to its height did not require notification within the local newspaper. Anti-social behaviour is a matter for the police and cannot be viewed as a material consideration in this case. In response to the comments made in paragraph 3.6 above I can advise that the Property Services Manager has not objected to the application. The issue of potential uses for the site is not under consideration by this application and for the avoidance of doubt each application is assessed on its own individual merits. Additionally the applicant has submitted the required information in order to determine the application as detailed in paragraph 4.4 above. Monetary figures in respect of the budget set by the applicant are not relevant in the assessment of this application.

4.7 In conclusion having given consideration to the network requirements I am of the opinion that the application site is an inappropriate location for this development due to its very close proximity to housing and other sensitive uses. Additionally, the development would adversely affect the residential and visual amenity of the area and would, be contrary to policy CS6 of the draft Local plan and the guidance contained in NPPG 19. Consequently, I recommend that permission be refused.

4.8 Two objectors have requested that a site visit and hearing be carried out prior to the determination of the application. Application No: S/05/00604/F UL

Date Registered: 14 April 2005

Applicant : T-Mobile (UK) Ltd C/o Agent

Agent: Stappard Howes 22 Dundyvan Road Coatbridge ML5 1DE

Development: Erection of 15M High Monopole Accommodating three Antennas & two Transmission Dishes & Associated Equipment Cabinets

Location: Land At Unit 1, 1-7 Etna Street Wishaw Lanarkshire

Ward: 6: Craigneuk Councillor Thomas Lunny

Grid Reference: 277288655776

File Reference: S/PL/B/l1/20/FM

Site History: No relevant site history

Development Plan : The site is zoned as an Established Industrial And Business Area in the Southern Area Local Plan Finalised Draft (2001 and 2004)

Contrary to Development Plan: No

Consultations: Ofcom (No objections)

Representations: None received

Newspaper Advertisement: Not required

Comments:

This application seeks planning permission for the erection of a 15 metre high monopole accommodating three antennas and two transmission dishes and associated equipment on land at 1-7 Etna Street, Wishaw. The applicant T-Mobile (UK) Ltd has submitted the necessary ICNIRP declaration confirming that the proposal is within accepted public health standards.

The site lies in the rear compound of 1-7 Etna Street and benefits from the screening and backdrop provided by the building and buildings to the rear. Industrial units bound the site to the north, west and south and an area of informal open space with mature tree planting bounds the site to the west, with an individual residential property 50 metres to the north east of the site. It is proposed to access the monopole via Summerlee Road via the existing access arrangements.

The application site is zoned as an Established Industrial Area in the Southern Area Local Plan to which policy IND 8 applies. Policy IND 8 states that the Council will seek to retain the existing character of Established Industrial and Business Areas. Flaying Fidd

LAND AT UNIT 1,l- 7 ETNA STREET, WISHAW No letters of objection have been received in relation to the application. It is considered that the proposal is acceptable in terms of visual impact and the applicant has provided the required ICNIRP declaration relating to public health. It is considered that the proposal follows government planning guidance on radio telecommunications and that it meets the rigorous assessment criteria set out in the Councils Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) Policy CS 6 in that the proposed monopole is to be sited in an industrialkommercial area. This application is therefore considered to be acceptable and as such, is recommended for approval subject to the attached conditions.

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 in the event that the equipment becomes redundant it must be removed and within one month the site reinstated to the satisfaction of the Planning Authority.

Reason: To ensure reinstatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 14 April 2005

National Planning Policy Guidance 19 Radio Telecommunications, July 2000 Planning Advice Note PAN 63 Radio Telecommunications, July 2001

Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Fraser Miller at 01 698 302087.