AGENDA ITEM No,-.--.-..--.... 2

North Lanarkshire Council

Planning Applications for consideration of Planning and Development Committee

Committee Date : 15 September 2010

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITEE

15th September 2010

Page Application Applicant DevelopmenVSite Recommendation No No

7 09/00915/FUL Stuart Chapman Erection of 4 Dwellinghouses Grant Bus Depot Hirst Road Harthill

16 10/00243/FUL Mr Andrew Removal of House Ruin and Grant Cameron Erection of Replacement Stables, 2 Polytunnel Greenhouses for use in conjunction with Horticultural Business and Siting of Temporary Residential Caravan Foulburn Farm Foulburn Road Hartwood

25 10/0034O/FUL Mr Les McGregor Erection of a Two Storey Grant Detached Dwellinghouse Land At 5 Kingsley Court Tannochside Uddingston

34 10/00352/PPP Mr William Shanks Residential Development and Refuse Relocation of Existing Request for Site Workshops (in principle) Visit and Hearing Land West Of 73 Greengairs Road Greengairs

45 10/00462/FUL Trumros Limited Mixed Retail (Two Shop Grant Units) and Residential Development of 7 Flats and 6 Townhouses with Associated Parking and Access Arrangements 62 Clark Street Airdrie 55 10/00482/FUL North Lanarkshire Extension to Reema Road Grant Council Recycling Facility Civic Amenity Centre Reema Road Reema Industrial Estate Bellshill

64 0/00491/FUL Mrs Therese Erection of Detached Refuse Stirling Dwellinghouse Request for Site Land South West Of Visit and Hearing 25 Maryville View Uddingston

72 10/00544/FUL Messrs Miller, Change of Use to Establish Grant McPhee And Nine Private, Permanent Request for Site Visit Others Gypsy/ Traveller Pitches (In and Hearing Retrospect) Currieside Piggery Station Road Shotts

83 10/00667/FUL A G Barr Plc importation of inert Materials Grant to lnfill Pond 7 Orchardton Road Westfield Cumbernauld Glasgow

90 10/00686/FUL Mr & Mrs Doak Extension to Dwellinghouse Grant 8 Rosebank Place Dullatur Cumbernauld Glasgow

98 10/00702/FUL Mr Andrew Moffat Erection of One 80 kw Twin Grant Bladed Wind Turbine with a Mast Height of 30m, a Blade Diameter of 18m, Tip Height of 39m East Tarbrax Farm Cottage Burnbrae Road Stane Shotts

105 10/00716/FUL ARB Properties Alteration to Upper Floor Grant Properties to Form 4 Flats Including One New Build 14 - 28 Kirk Road Wishaw 111 10/00739/FUL Mr Michael a) Construction of Treatment Refuse Danyluk Rooms with Associated Request for Site Guest Accommodation, b) Visit and Hearing Construction of Lodge and c) Retention of Existing Access (Non Compliance of Condition 10 of Permission 09/00327/AMD) (All In Retrospect) Raiziehill Farm Holdings Ltd Raiziehill Farm Airdrie Road Caldercruix

119 10/00754/FUL North Lanarkshire Change of Use of Lane to Grant Council Private Garden Ground Lane Adjacent To 22 & 24 Brown Street Stane Shotts

125 10/00759/PPP Mr Ronnie Residential Development (21 Refuse (P) Chalmers And Indicative Dwellinghouses) Request for Site Bellisle Woodend Farm Visit and Hearing Development Ltd Dullatur Road By Kilsyth

132 10/00773/FUL North Lanarkshire Construction of a Grant Council Replacement Roof and Associated Works to Existing Commercial Units 19 -33 Coatbank Street Coatbridge

137 10/00801/MSC Taylor Wimpey Proposed Residential Grant Drainage (SUDS) Pond and Open Space Provision Land At Lancaster Avenue Chapelhall

146 10/00802/MSC Taylor Wimpey Residential Development (41 Grant Dwellinghouses) George Wimpey Phase 8, Site A Lancaster Avenue Chapelhall 155 10/00814/AMD Walker Group Amendment to Planning Grant (Scotland) Ltd Permission 06/01789/REM - Substitution and Introduction of New House Types on Plots 71 -1 12 and Reduction in Overall Dwelling Numbers Land To The South Of Broadwood Stadium Atholl Drive Broadwood Cum bernauld

161 10/00861/FUL North Lanarkshire Formation of Hardstanding Grant Council Recycling Centre Area within Existing Cleansing Depot Site Airdrie Cleansing Department Lady Anne Crescent Gartlea Airdrie

169 10/00816/LUC Mr Joseph Private Gypsyflraveller Pitch Refuse Townsley (Certificate of Lawfulness of Request for Hearing Existing Use or Development) 22 Chapel Road Bogside Newmains

175 10/00824/FUL KFC (GB) Ltd C/o Erection of Drive-Through Grant King Sturge LLP Restaurant within Use Class 3 (Restaurants and Cafes) and Sui Generis (Hot Food Take-Away) with Associated Parking and Servicing 285 Glasgow Road Wishaw

184 1o/oo lFUL Mrs Lindsey Reid Change of Use of Public Grant Open Space to Private Garden Ground Ground To The Rear Of 173 Bonkle Road Newmains Wishaw

190 10/00872/PPP Ms Marjory Donald Erection of Dwellinghouse Grant Land At Greenhill Farm Greenhill Road Hareshaw Motherwell 199 10/00875/FUL I.N.I. Enterprises Change of Use of Shop to Refuse Hot Food Takeaway Shop 4 Thrashbush Road Cam busnethan Wishaw

210 10/00919/FUL Mr John Lyons Change of Use from Gospel Grant Hall to Semi-Detached Dwellinghouse and Formation of Front and Rear Dormer Window. 71 - 73 Kirk Road Wishaw

N/10/00759/PPP - If planning permission is granted,a decision notice should not be issued until a S75 Agreement is concluded in relation to Affordable Housing Application No: Proposed Development:

09/00915/FUL Erection of 4 Dwellinghouses Site Address:

Bus Depot Hirst Road Harthill North Lanarkshire ML7 5TW

Date Registered:

13th August 2009

Applicant: Agent: Stuart Chapman J Kerr McDougall Ltd 106 High Street Unit 27 Newarthill Carfin Ind. Est. MLI 5JH Wishaw ML2 4UL

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 012 Fortissat Two letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification: f

This map is reproduced from Produced by Ordnanca Survey material PLANNING APPLICATION 09/00915/FUL North Lanarkshire Council mth tJm psrnuwon of Planning and Environment Department Ordnance Survey on behalf d the Contmller of Her Majesvs Stationery Office Q Cram Erection of 4 Dwellinghouses wpyrlght Unauthorised rbhirr reprodudion infringes Cram wpyrlght and may lead to Bus Depot, Hirst Road, Harthill. cwncl pmecuhon or civil proceedings North Lanarkshire Counal telOl698 27427 100023388 2W8 Representation Site area = 0.51 ha. * fax 01698 403053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That except for the requirements of conditions (7) and (9) or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the stamped approved drawings.

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

3. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt the external walls and roof of the dormers shall be finished in tiles to match the roof of the dwellinghouses and roof tiles shall be flat profiled, grey or black in colour, facing brick shall be restricted to the base course and decorative features only, and external walls shall be finished in a white or off white render.

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

4. That before each of the houses hereby permitted are occupied all of the associated parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

5. That a visibility splay of 2.5 metres by 215 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before any house hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

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

6. That before any of the houses hereby permitted are occupied the new vehicular access shall be constructed as a 5.5 metres wide junction arrangement with a 10.5 metres radius kerbs and the first 2 metres shall be surfaced in a bound material.

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

7. That before the development hereby permitted starts, full details of the design and location of all fences and walls, including retaining walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and for the avoidance of doubt to the side and rear of each plot a 2 metres high close boarded screen fence shall be provided.

Reason: To ensure that boundary features are of acceptable quality. 8. That before each house hereby approved is occupied, the fences, or walls, as approved under the terms of condition 7 above, shall be erected.

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

9. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environmental Protection Agency (SEPA). As site conditions preclude the use of a Septic Tank and Soakaway, alternative arrangements will have to be agreed with SEPA. Prior to the occupation of the dwellinghouses hereby approved, the drainage arrangements agreed by the Planning Authority shall be operational.

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

10. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

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

11. That the SUDS compliant surface water drainage scheme approved in terms of Condition (10) shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before any of the dwellings hereby permitted are occupied, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution

12. That before the development hereby permitted starts, unless otherwise agreed in writing by the planning authority, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

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

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

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

14. That any remediation works identified by the site investigation required in terms of Condition 13 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the approved Remediation Strategy prior to the occupation of the dwellinghouses hereby approved.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

15. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

16. That within 4 weeks of the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

Backaround Papers:

Representation Letters

Letter from Mrs Sheila Oakes, 47 Llynallan Road, Harthill Shotts ML7 5TW received 23rd August 2009. Letter from Michael Gill, Blair House, Hirst Road, Harthill, North Lanarkshire, ML7 5TL, received 2ndNovember 2009.

Consultation Responses:

Memo from Transportation received 3rdSeptember 2009. Memo from Protective Services received 1st September 2009.

Letter from Scottish Environment Protection Agency received 25thAugust 2009 Letter from Scottish Water received 27thAugust 2009.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

GthSeptember201 0 APPLICATION NO. 09/00915/FUL

REPORT

1. Site Description

1.1 The site lies close to the Hirst Interchange on the M8 motorway. It is adjacent to the former Burnside Transport Cafe and has historically been used as a lorry park. The site extends to 0.5 hectares and is currently in a poor condition. It has previously been tarmaced, but this is now peppered with a large number of deep potholes. Along the western and northern edges of the site is a two metre high close boarded timber fence which is in a state of disrepair that has fallen down at several locations. Residential dwellings bound the site to the north and the east and Tams Loup Quarry bounds the site to the south. The site is accessed via two entrances from Hirst Road. There are no pedestrian footpaths accessing the site from Hirst Road. A steel framed industrial shed relating to the sites previous use is located at the north eastern corner of the site.

2.

2.1 The application seeks consent for the erection of four detached dwellings, taking the form of a linear development, fronting onto Hirst Road. Access to the site is via a single shared driveway to be taken from Hirst Road. The dwelling to the west of the site is to be single storey with attic accommodation, finished in flat profiled roof tiles, facing brick and render. The remaining three dwellings are to have a larger footprint, however these will remain single storey with attic accommodation, finished in similar materials.

3. Applicant’s Supportinu Information

3.1 No supporting information has been submitted with the application.

4. Site History

4.1 The site has a long and complex planning history dating back to the 1960s. The lorry park for the original transport cafe “Molly’s Place” (application P/64/1327) was originally approved on 24/11/1964. The original cafe was later used as a dwelling and was damaged by fire in 1991. Permission was granted for the erection of a new dwelling (application 481/91) on the 04/03/1992 and the erection of a new transport cafe (“The Burnside”) and upgrading of the existing lorry park (application 509/91) on the lgth March 1992. More recently consent was granted on the 10/06/2008 in retrospect for the galvanised storage shed located on the north eastern corner of the site (application 08/00568/FUL). A further application for a maintenance workshop was submitted in 2008. However, this application was withdrawn on the 24/02/2009 (application 08/01486/FUL). Planning permission was recently approved under appeal for the erection of two dwellings on land to the east of the application site (application 08/01 190/OUT).

5.

5.1 The site is identified as Policy ENV8 (Rural Investment Area) in the Southern Area Local Plan 2008.

6. Consultations

6.1 Transportation have advised that the use of an access directly onto the derestricted 87066 could result in an increase in breaking and turning manoeuvres to the detriment of road safety and that access to the site should be taken from Lynallan Road. However in the event that consent is to be approved a number of conditions have been proposed by Transportation in relation to the junction arrangements, junction spacing, visibility splays, parking and turning.

6.2 Protective services have requested the submission of a site investigation and a noise impact assessment given the sites close proximity to Tams Loup Quarry.

6.3 SEPA and Scottish Water have raised no objections to the application.

7. Rewesentations

7.1 Two letters of representation received following the neighbour notification and press advertisement procedures. The objections can be summarised as follows:

a. The site is formed by backfill rubble that is not suitable for building on. There are stability issues with the ground to the rear of the site which has been planted up by the objector to stop any land slides occurring. b. No details have been provided for oil/gas tanks or septic tanks. c. Additional neighbour notification should be sent out to a Mrs Blackhall and the owners of the electronic sign adjacent to the site. d. Suitable fencing requires to be erected between the application site and the land to the west. e. The trees on the objectors property are to remain untouched and material must not be deposited from the site onto the objectors property. f. There are already issues with contamination of and flooding at the Howe Burn which SEPA have investigated and concluded that there should be no further outfall to the Howe Burn.

8. Plannina Assessment

8.1 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.

8.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies. The site is zoned as ENV8 (Rural Investment Areas) in the Southern Area Local Plan 2008, Policies HSGlO (Infill Housing Development) and TR13 (Assessing the Transport Implications of Development) are also relevant.

8.3 Policy ENV8 presumes against any development that will affect the character and function of the Rural Investment Area, other than that directly associated with an appropriate rural use. Although the site has a Rural Investment Area designation, its loss to development will not have a detrimental impact on the character and function of the wider Rural Investment Area as the site is commercial in nature and would benefit from an active usage. Also the proposal would form part of the small cluster of residential properties adjacent to the site and additional houses were allowed on appeal on the land adjacent to the east. It is therefore considered that the development of the site for residential purposes is acceptable subject to its detailed assessment.

8.4 Policy HSGI 0 (Infill Housing Development) details criteria against which new housing sites will be assessed. These include: the impact of the proposals on the character and amenity of the surrounding area; privacy and sunlight received by surrounding properties; design and layout and access and parking arrangements. It is considered that the proposed new dwellings, accessed off Hirst Road have been sensitively located so as to minimise their impact against the adjoining dwellings. The difference in levels between the front of the site and the rear of the site, allows for a natural progression, softening the impact of the development. In addition, the dormer windows on the rear of the houses have been located so as to ensure that a window to window distance of 18 metres is achieved. There are no windows proposed on the gable elevation that would give rise to concerns in connection with privacy and amenity. Provision is made for useable garden ground to the rear and side of the dwellings that complies with the Council’s Guidelines on Open Space around Dwellings. The proposed driveways for the dwellings make accommodation for the provision of adequate off street parking. No details have been provided in terms of boundary treatments however, it is proposed to secure the submission of a scheme of boundary treatments through the imposition of a planning condition. The proposed pallet of materials, comprising of smooth profiled tiles, cast stone and render are consistent with the area and, as such, raise no concerns. In light of the above, the proposal is held to comply with policy HSGl0.

8.5 Policy TR13 relating to roads access and parking, states that the Council will take account of criteria relating to the impact of the development upon the road network and road safety and the provision made for access, parking and vehicle manoeuvring. As indicated at paragraph 6.1 Transportation have concerns regarding this proposal. The applicant is unable to access the site from Lynallan Road and, given the sites previous use as a haulage yard and lorry park it is considered that the proposed development would reduce the impact on the road network considerably. The requirements for forward visibility, turning and parking as specified by Transportation can be secured through the use of conditions and it is therefore considered that the proposals are acceptable in terms of the transportation requirements of policy TR13.

Finalised Draft North Lanarkshire Local Plan

8.6 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

Consultations

8.7 With regards to the remaining consultation responses, conditions are proposed to secure the submission of a site investigation report; the submission of the finalised drainage proposals and requiring written confirmation from Scottish Water confirming that their requirements have been met. A noise assessment was not requested by Protective Services for the adjacent dwellings recently approved and it is considered that the layout of the dwellings and the use of triple glazing and trickle venting would be acceptable in this location.

8.8 In response to the objections raised, I would advise:

a. A site investigation will require to be submitted prior to the start of works on site. This will detail the suitability of the site for development and advise on the works required to address any issues identified. All of which will be required to be completed prior to the start of works in site. b. The proposed method of treatment of foul drainage remains to be demonstrated and this is to be covered by Planning Condition as per SEPA recommendations. c. The neighbour notification has been carried out in accordance with the legislation at the time of the submission of the application. d. Fencing details will be required to be submitted as part of the suspensive planning conditions. The purpose of any fencing must be related to planning requirements and cannot be required for the purposes stated by the objector. e. The trees are outwith the application site and no work is proposed to effect the trees. f. An alternative solution to foul drainage treatment is being investigated by the applicant in the form of a biodisc arrangement, full details of which will be required to be submitted prior to the start of works on site.

9. Conclusions

9.1 In conclusion, the proposed application meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and of the Finalised Draft North Lanarkshire Local Plan. The proposed development can be accommodated within the area without detriment to the surrounding properties and taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:

10/00243/FUL Removal of House Ruin and Erection of Replacement Stables, 2 Polytunnel Greenhouses (Temp) and Siting of Temporary Residential Caravan Site Address:

Foulburn Farm Foulburn Road Hartwood ML7 4JY

Date Registered:

22nd March 201 0

Applicant: Agent: Mr Andrew Cameron N/A 21’2 263 Langside Road Govan h i II Glasgow G42 8XX

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 012 Fortissat No letters of representation received. Charles Cefferty, Malcolm McMillan, James Robettson

Recommendation: Approve Subject to Conditions

Reasoned Justification : Produced by PLANNING APPLICATION S I 10 I00243I FUL tbd~Lanarkshire Counul Planning and kvironment kpartmnt, Removal of House Ruin and Erection of Replacement Stables, 2 Polytunnel Greenhouses (Temp) and Siting of Temporary Residential Caravan

Foulburn Farm, Foulburn Road, Hartwood A tel01698 274274'1 Cx 01698 403053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

2. That, except for the requirements of condition (4) below or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers;- FS/IO; FS/10/01; FS/10/02; FS/10/03; FS/10/04 and FS/10/05

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

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

4. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, and roof of the stables shall be submitted to and approved in writing by the Planning Authority and the development shall thereafter be implemented in accordance with the details approved under the terms of this condition. Notwithstanding the terms of this condition the proposed stables shall be finished a flat profiled (Dark Grey) tile (roof) and the walls shall be finished in light coloured render.

Reason: To enable the Planning Authority to consider these aspects in detail and in order that the stables are of a design appropriate to this rural location.

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. Any walls or fences erected on site shall be in accordance with the approved details.

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

6. That unless a further planning application has been submitted to the Planning Authority the temporary residential accommodation (caravan) shown on drawing FS/10/02 shall be removed and the land returned to its previous condition by 15th October 201 3.

Reason: In the interests of rural amenity by ensuring that the temporary residential accommodation is only on site for such limited period as is necessary to determine if the related equine activity can become commercially viable.

7. That all run-off from contaminated yards, manure heaps and stable washing must be contained and disposed of in such a manner that water pollution will not occur to the satisfaction of SEPA and the Planning Authority. Uncontaminated surface water, including roof water, should be disposed of through the use of Sustainable Urban Drainage Systems (SUDS). Any effluent from toilet facilities must be disposed of to satisfaction of SEPA and the Planning Authority.

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

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

Reason: To ensure the provision of satisfactory site infrastructure.

9. That no open air storage of materials, plant or equipment; shall take place within the application site.

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

10. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

11. That before the temporary residential caravan is located on site, full details of the design and location of the temporary residential caravan shall be submitted to and approved in writing by the Planning Authority prior to the siting of the caravan. The development shall thereafter be implemented in accordance with the details approved under the terms of this condition.

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

12. That prior to the commencement of development, a scheme of improvements to the public roadherge including the repositioning of the access shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt this shall include passing places for vehicles on the routes marked GREEN on the approved plans, including road widening where appropriate and the installation of appropriate signage, to the satisfaction of the Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

13. That prior to the occupation of the stables, residential caravan or polytunnels the scheme of roadherge and access improvements required under condition (1 2) above shall be completed to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

14. That prior to either the stables, residential caravan or polytunnels hereby approved being brought into use all of the access parking and turning areas shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out. These areas shall thereafter be retained as such to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate access, turning and parking facilities.

15. That notwithstanding the details submitted the approval hereby granted is for the stable block, two polytunnels and temporary residential caravan. The use of the site shall be restricted to primarily horse livery with a small element of Horticultural use associated with the polytunnels. No buildings or uses other than those expressly approved under the terms of this consent shall be erected or carried out on site without the prior written approval of the Planning Authority.

Reason: In order that the Planning Authority retains effective control of the site.

16. That notwithstanding condition (12) above the repositioned access shall be via 10.5m radius junction, be 6 metres wide and be paved for the first 15 metres. The access shall provide visibility to the railway bridge on the left and a splay of 2.5 metres by 90 metres to the right with nothing to be placed or allowed to grow over I .05 metres in height above the carriageway level within the visibility splays.

Reason: In the interests of road safety.

17. That for the avoidance of doubt, the part of the site to be used as “yard space” in association with the horticultural and stables business shall be restricted to the area of ground hatched blue on the approved plans and no other areas shall be converted to hardstanding or otherwise disturbed without the prior written approval of the Planning Authority.

Reason: In the interests of visual amenity and to protect the primary rural use of the site. Backaround PaDers:

Representation Letters

None.

Consultation Responses:

Transportation received 1st September 201 0 Protective Services received 6'h April 2010.

Scottish Water received 7'h April 2010.

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 2741 13

Report Date:

7'h September 2010 APPLICATION NO. 10/00243/FUL

REPORT

1. Site Description

1.I The application site is an area of open countryside extending to 1.6 Hectares and is set in a rural location to the north west of Allanton. The site is accessed from Foulburn Road and is bounded by open fields to the north and east and by Foulburn Road and the Glasgow to Edinburgh railway line to the south.

2. Proposed Development

2.1 The application seeks planning permission for the erection of a stable block measuring 86m2 with a height of 4.5 metres with accommodation for 6 horses. In addition, it is proposed to erect two polytunnels which measure 72m2 and have a height of 4 metres and are proposed to be utilised in association with the applicants landscaping business. To provide on site supervision, it is proposed to site a temporary residential caravan. The application also proposes to provide parking for 12 vehicles with turning facilities incorporated within the site.

3. Applicant’s Supportinq Information

3.1 The applicant has submitted a financial plan indicating that the development of the stables business will be through private finance associated with the applicants existing landscaping business. The plan envisages that over the next three years turnover will increase due to the stable business and thus the business will grow accordingly.

3.2 A Labour Requirement report by the Scottish Agricultural College was also submitted and this concluded that the business involved the management and care of breeding of horses which requires regular supervision. Based on the “Standard Labour Requirement Data” the calculated labour requirement is 0.47 labour units based on one person engaged part time in horse breeding and associated activity. The report also indicates that an additional labour unit is required for the Horticultural Business proposed on site. This applicant currently operates this business from a base in Glasgow, however as the majority of his clients are based in North Lanarkshire he intends to relocate to this site. The polytunnels are proposed to be utilised as a plant nursery for use in conjunction with the Landscaping business. The applicant would use the site as his base for the business and would entail two vehicles operating from the site. There would be no materials stored on site, and no customers would be visiting the site in conjunction with the landscaping business.

3.3 The applicant has submitted a protected species survey which has indicated that there are no protected species located on site.

4. Site History

4.1 The application site has no relevant site history with respect to the proposed development. A dwellinghouse used to exist at this location but little remains of it on site.

5. Development Plan

5.1 The site lies within an area covered by ENV 8 (Rural Investment Areas) in the Southern Area local Plan 2008. 6. Consultations

6.1 The following consultees have no objections to the proposed development:

Scottish Water Protective Services

6.2 A summary of comments from the other consultees are as follows:

1. Transportation have recommended refusal of the application given that the road geometry restricts visibility and would increase turning and braking manoeuvres to the detriment of road safety. Transportation do comment that should the application be recommended for approval conditions should be applied to maximise the visibility splay and improve the proposed access to the site.

7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received with regard to the proposed development.

8. Planninq Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy ENV 8 (Rural Investment Areas) in the Southern Area Local Plan 2008, the other relevant policy is TR13 (Assessing the Transport Implications of Development).

Adopted Local Plan:

8.2 Policy ENV8 states that the Council will not normally permit development other than that directly associated with an appropriate rural use. The associated text outlines that any proposed development will require to be justified in terms of various criteria including:- economic benefit, specific locational need, infrastructure implications, and environmental impact. The proposed development will offer some economic benefit to the area by creating a new business appropriate to the rural area on a site that has long been out of use. The proposals have a specific locational need in that a business such as stabling and horticultural polytunnels requires to be located in the rural area. The proposed development will have no significant infrastructure implications as it proposes to utilise an existing access which already serves the site and any upgrading required can be addressed by conditions. Subject to the recommended conditions relating to the design and location of the proposed stables, polytunnels and residential caravan and the extent of hardstanding to be utilised in association with the business the proposals will have a minimal environment impact on this rural location. In landscape terms the buildings will not appear visually prominent and can be accommodated within the site without detriment to this countryside location. The proposed development is therefore considered to accord with policy ENV 8.

8.3 The applicant intends to establish the site on the basis submitted and further develop the business in association with his existing landscape business. For welfare and security reasons it is considered beneficial to have at least one person resident on the unit at all times thus the temporary approval for the siting of a residential caravan. It is considered that the proposed development is adequate at this stage to warrant approval for the outbuildings and temporary approval for the residential caravan.

8.4 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the road network and provisions made for access, parking and vehicle manoeuvring. Transportation has recommended refusal of the proposed development given the substandard nature of the access and visibility. The proposed development provides adequate off street parking and turning facilities and conditions are recommended regarding improvements to the surrounding roadsherges and the relocation and improvement of the access. The access will be repositioned and the inclusion of passing places and road widening are recommended by attached conditions. Therefore, although the proposal is not considered to be completely in accordance with Policy TR13, I consider the access arrangements to be acceptable at this site.

Finalised Draft North Lanarkshire Local Plan

8.5 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP), however, the zoning and policy position remains unaffected from the adopted plan.

Consultations

8.6 With respect to the consultation responses, all issues can be addressed by the imposition of appropriate conditions.

9. Conclusions

9.1 In conclusion, the proposed development is generally acceptable and accords with the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. Subject to the proposed conditions the design and location of the proposed development is such that it does not adversely alter the character or function of the rural area. Having regard to the foregoing, I therefore recommend that planning permission be granted subject to the recommended conditions. Application No: Proposed Development:

10/0034O/FUL Erection of a Two Storey Detached Dwellinghouse Site Address:

Land At 5 Kingsley Court Tannochside Uddingston G71 6QH

Date Registered:

8th April 2010

Applicant: Agent: Mr Les McGregor Derek Hollywood 5 Kingsley Court 8 Kenmuirhill Gardens Tannochside Mount Vernon Uddingston Glasgow G71 6QH G32 8JB

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 3 Thorniewood 6 letters of representation received. Robert Burrows, James McCabe, Duncan McShannon,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the residential policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the surrounding residential area and the road network. PLANNING APPLICATION 1 olOO3401FUL Produced by bbrh Lanarkshire Council Erection of a Two Storey Detached Planning and bvimnment Departrent. Dwelling house

Land At 5 Kingsley Court, Tannochside, Uddingston. A &I 01698 274274 * Representation Site area = 0.05 ka. Cr 01698 403053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006

3. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control

4. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.

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

5. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt roof tiles shall be profiled, grey in colour; the use of facing brick shall be restricted to the base course and decorative features only; and external walls shall be finished in white or off white render matching the neighbouring dwellinghouses.

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

6. That before the house hereby permitted is occupied the associated parking and turning area as shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

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

Reason: To ensure that boundary features are of acceptable quality

8. That before the house hereby approved is occupied, the fences, or walls, as approved under the terms of condition 7 above, shall be erected.

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

9. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

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

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

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

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

Reason: To ensure the site is free of contamination

12. That any remediation works identified by the site investigation required in terms of Condition 11 above shall be carried out to the satisfaction of the Planning Authority. Before the dwellinghouse hereby permitted is occupied a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the approved Remediation Strategy.

Reason: To ensure the site is free from contamination.

13. That the use of the garage hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from, the garage.

Reason: In the interests of residential amenity and in order that the Planning Authority can retain effective control of the site.

14. That before the development hereby permitted starts, detailed site level drawings shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. For the avoidance of doubt there must be no under-filling and the house shall be constructed at the same site level as the neighbouring dwellings at Nos. 3 and 5 Kingsley Court. The drawings must include cross sections of the existing and proposed site levels.

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

Representation Letters

Letter from Mr Peter McRavey, 9 Hamilton View, Tannochside, Uddingston received 26'h April 2010 Letter from Mr James Kirk, 7 Kingsley Court, Uddingston, G71 6QH received 26'h April 2010 Letter from Mr Craig Borthwick, 3 Kingsley Court, Uddingston, G71 6QH received 26'h April 2010 Letter from Mr Hugh Stevenson, 1 Hamilton View, Uddingston, G71 6QB received 26'h April 2010 Letter from Miss Rowena Kennedy, 3 Hamilton View, Uddingston, G71 6QB received 26'h April 201 0 Letter from David Saunders, 1 Kingsley Court, Tannochside, Uddingston received 26'h April 2010

Consultation Responses:

Memo from Transportation received 1gth May 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Gary McEwan at 01698 2741 17

Report Date:

17th August 2010 APPLICATION NO. 10/0034O/FUL

REPORT

1. Site Description

1 .I The application site forms part of a large area of garden ground to the side of the existing house at 5 Kingsley Court and is located within an established housing area. The site is approximately 433m2 in area and slopes gradually downwards from north to south. The site is bounded by dwellings on all sides except from along the eastern boundary which is bounded by Spindlehowe Road.

2. ProDosed Development

2.1 Permission is sought for the erection of a two storey detached dwellinghouse and detached garage. The proposal includes the formation of a new access to the south west of the site.

3. ADplicant’s Supportina Information

3.1 None

4. Site Historv

4.1 There have been two recent applications for the site:

0 01/00541/OUT Erection of Dwellinghouse (Withdrawn) 0 02/01248/FUL Construction of Two Storey Detached House (Refused at Committee on 13‘h November 2002, but subsequently allowed at appeal on 12‘h August 2003).

5. Development Plan

5.1 The site is zoned as HSG7 (Established Housing Areas) in the Southern Area Local Plan 2008.

5.2 The site is zoned as HCFI A (Residential Amenity) in the North Lanarkshire Local Plan Finalised Draft (2009)

6.

6.1 Transportation have no objection to the proposal provided that the driveway would be accessed via the existing dropped kerb area and that three off street parking spaces be provided within the property site. It was also indicated that the proposed garage would only be considered as off street parking if it measures 3m x 6m internally.

7. Representations

7.1 Following the neighbour notification and advertisement process there were six letters of representation received. The following summarises the points of representation raised:

I. The positioning and proximity of the house and detached garage in relation to neighbouring dwellings will result in an impact on the sunlight and daylight received by neighbouring dwellings. II. There are no detailed plans of the proposed detached garage. Ill. The garage could be used for access to the rear gardens of Hamilton View and therefore make the houses of Hamilton View more vulnerable to break-ins. IV. The proposal would look out of place, squashed into an inappropriate space. It would look ridiculous surrounded by the other houses and would detract from the setting of the cul-de-sac as well as impact upon residential amenity. It is therefore considered that the proposal would represent overdevelopment of the area and is not in accordance with the current development plan. Construction would also cause noise pollution. V. There are currently problems with on street parking on Kingsley Court and the current proposal would only exacerbate this problem further. As the access for the site would be very narrow it is envisaged that the large vehicles required during construction will result in hardship for the residents of Kingsley Court. Also due to the narrow access it will make it very difficult for the occupants to access the dwelling without mounting the opposing kerb. VI. There are existing problems with flooding and drainage during times of heavy rainfall on Kingsley Court. During heavy or constant rain the water run off eventually accumulates at the bottom of the cul-de-sac opposite the proposed entrance to the new dwelling. It is considered that removal of the grassed area to be replaced with a dwelling would exacerbate this problem. VII. The level of excavation required for the new foundations to be laid is also of considerable concern due to the split level of both the applicant’s garden and the adjacent level of the garden at No. 3 Kingsley Court and the subsequent risk of subsidence. VIII. The views from surrounding dwellings will be impacted upon because of the proposal. IX. The proposed dwellinghouse would impact upon the privacy of surrounding houses, in particular Nos. 3 Kingsley Court and 1 Hamilton View. X. During the previous applications the applicant indicated that he was not in the financial position to begin building work and that any such work may not take place for another ten years. If this is still the case then any start made to any building/excavation work in order to comply with regulations could result in long term disruption and living beside an eyesore. XI. The previous application was rejected by the planning department, then overturned by the appropriate authority and thereafter the work was not carried out. Yet again the neighbouring residents are forced through the same process involving the time and effort of public officials and tax payer’s money as well as the applicant’s. It is considered that the current application does not differ in principle to the previous application which the Council refused, so therefore find it difficult and increasingly frustrating to understand why the applicant is persisting in attempting to build on such an unsuitable site. Even the original builder of the estate did not see fit to build on the same piece of ground due to the Council’s restriction on the number of houses allowed within the allocated area. XII. The natural environment would be interfered with.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and, as such requires to be assessed against Local Plan Policies. In this instance the Southern Area Local Plan (2008) is relevant, with the site being zoned as HSG7 (Established Housing Areas). Policies HSG10 (Infill Housing Development) and TR13 (Assessing the Transport Implications of Development) are also relevant to this proposal.

Adopted Local Plan:

8.2 Policy HSG7 (Established Housing Areas) seeks to protect the established character of existing housing areas by opposing development which adversely affects the amenity of Established Housing Areas. Applications for infill housing in such areas are acceptable in principle, subject to meeting the requirements of Policy HSG10 (Infill Housing Development)

8.3 Policy HSG10 details criteria against which residential developments on gap sites are assessed, these include: impact of the proposal on the character and amenity of the surrounding area; design and layout; and the provision of vehicular access and parking arrangements. In assessing the impact of the proposal on the character and amenity of the surrounding area it is worth noting that there is a mixture of single and two storey detached, semi-detached and terraced style dwellings. It is therefore considered that a two storey dwelling, in principle, is acceptable. With regards to the impact on the privacy and amenity of adjacent dwellings, it is considered that there would be no issues with regards to window to window distances given the location and orientation of the habitable room windows on the proposed house. Furthermore, adequate screening exists between the dining room window located on the rear elevation and the nearest adjacent property. In connection with the impact of the development on the sunlight and daylight afforded to adjacent dwellings, there would be no impact from the proposed new dwelling given its size and position within the plot. Due to the orientation and positioning of the proposed detached garage it would be unlikely to have a significant negative impact on neighbouring dwellings. In terms of the scale of the proposed dwelling, the footprint of the dwelling would be similar to that of the existing dwelling located on the site and given the size of the overall plot it is considered that the size of the proposed dwelling can be accommodated easily within the site. The materials proposed are in keeping with the adjacent dwellings. The open space associated with the development is generally found to comply with the Council’s minimum space standards around dwellings and would actually have a larger garden area than many of the dwellings within the area. In relation to the area of garden ground which would be retained by the existing dwelling at No. 5 Kingsley Court this is considered to be acceptable. While it is acknowledged that the previous application was refused by the Council prior to being approved following the appeal, the current proposal differs from the previous proposal in that the size of the site has increased significantly following the purchase of part of the rear garden area of No. 1 Hamilton View and the orientation of the current proposal to face directly onto Kingsley Court means that the proposal now ties in much better with the streetscape of Kingsley Court. Taking the above points into account it is considered that the proposed development is in accordance with the aims of Policy HSGIO. The transportation implications will be assessed in paragraph 8.4.

8.4 Policy TR13 states that the Council will take account of criteria including: the impact of the development on road traffic circulationhoad safety and the provision made for access, parking and vehicle manoeuvring. Transportation have raised no objections to the proposed application. Conditions are recommended to secure the provision and retention of adequate parking and turning area as shown on the approved plans. The proposed development is considered to comply with Policy TR13.

North Lanarkshire Local Plan:

8.5 A material consideration is the North Lanarkshire Local Plan Finalised Draft (2009); however the zoning and policy position remains unaltered from the adopted plan.

Consultations:

8.6 The comments of Transportation have been addressed in paragraph 8.4 above.

Representations:

8.7 In response to the points of representation I would comment as follows:

I. As indicated in paragraph 8.3 the dwelling and detached garage are considered to be an adequate distance from surrounding dwellings not to have a significant negative impact on sunlight and daylight. 11. Detailed plans of the garage have now been submitted. Ill. Potential for crime is not a material planning consideration. IV. As indicated in paragraph 8.3 it is considered that the property site is an adequate size for the proposal, the dwelling would be of an adequate scale and design to tie in with other dwellings on Kingsley Court and would be an adequate distance from neighbouring dwellings so not to have a significant negative impact upon the setting of the cul-de-sac or the amenity of surrounding dwellings. Noise disruption from construction works is not a material planning consideration. V. As indicated in paragraph 8.4 Transportation have indicated that they have no objection to the proposal. The level of off street parking is considered acceptable. Disruption caused during construction is not a material planning consideration. VI. Conditions are recommended so that the proposal is in accordance with Scottish Water Requirements in respect of providing the necessary site drainage and infrastructure to serve the development and that the surface water be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual. VII. Foundations and any damage to neighbouring properties as a result of the development are not material planning considerations. VIII. Loss of views from dwellings is not a material planning consideration. IX. As indicated in paragraph 8.3 the proposal would not have a significant negative impact on the privacy of neighbouring dwellings. X. A condition is recommended that the proposal be started within three years of the date of planning permission. The length of time taken to complete the development is not a material planning consideration. XI. As indicated in paragraph 8.3 the current proposal differs from the previous proposal. Taking this into account as well as the fact that the previous similar proposal was granted at appeal, the current proposal is considered acceptable. XII. As the site is currently garden ground, there is not considered to be any impact on the natural environment.

9. Conclusions

9.1 The proposed development meets the criteria set out in the residential policies contained within the Southern Area Local Plan (2008) and the North Lanarkshire Local Plan Finalised Draft (2009). The proposed development is acceptable in terms of its impact upon the surrounding residential area and road network. It is therefore recommended that planning permission is granted subject to conditions. Application No: Proposed Development:

10/00352/PPP Residential Development and Relocation of Existing Workshops (in principle)

Site Address:

Land West Of 73 Greengairs Road Greengairs

Date Registered:

22nd April 201 0

Applicant : Agent: Mr William Shanks Scott Johnstone 139 Greengairs Road Watchbell Cottage Wattston 85 Greengairs Road Airdrie Wattston ML6 7SY Airdrie ML6 7SY

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 007 Airdrie North 5 letters of representation received. Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan

Recommendation: Refuse

Reasoned Justification:

With regard to the adopted development plan and other material considerations, it is considered that the proposed development is in conflict with the Green Belt and Rural Investment Area zoning of the site and is therefore contrary to the Monklands District Local Plan 1993, the Finalised Draft North Lanarkshire Local Plan, the Glasgow and the Clyde Valley Structure and Scottish Planning Policy. It is also considered that it has not been demonstrated that adequate access and internal vehicular/pedestrian access layout can be achieved. Drumg ray Farm

\ \

I ,"7 7/, ru101003521PP P Mr William Shanks Land West W73 Greengairs Road Greengairs Residential Development and Relocation of Exirtina A - Proposed Conditions:-

1. In the interests of the proper planning of the area in that the industriaVresidentia1 development would constitute inappropriate and unjustified new development in the Green Belt and as such would be contrary to Scottish Planning Policy, the Glasgow and the Clyde Valley Structure Plan 2000 (incorporating the Fourth Alteration 2008) (Strategic Policies 1, 6, 9 and 10) and the Monklands District Local Plan 1993 (Policy GBI).

2. In the interests of the proper planning of the area in that the industrial/residential development would constitute inappropriate and unjustified new development in the Rural Investment Area and as such would be contrary to Scottish Planning Policy, the Glasgow and the Clyde Valley Structure Plan 2000 (incorporating the Fourth Alteration 2008) (Strategic Policies 1, 6, 9 and 10) and the emerging North Lanarkshire Local Plan (policies DSPI -4 and NBES), in that inadequate justification has been provided in respect to demand for the proposed industrial component, inadequate justification has been provided in respect to the requirement for and value of the proposed 'enabling' development, the proposed housing element exceeds the threshold of 4 units and both elements of the proposal do not relate to, or enhance an existing cluster.

3. In the interest of road safety as the applicant has failed to demonstrate that the development can achieve an appropriate access and internal layout or that the impact on the existing public road network is within acceptable limits.

4. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse other similar applications.

Backaround Papers:

Representation Letters

Online comments from lan Smith, 5 Glenburn Close Airdrie, ML6 7SN dated 28'h April 2010 Online comments from Colin Barclay, 4 Glenburn Close, Wattston, Greengairs dated 8'h and 1 lthMay 2010 Online comments from Miss lrene Brown, 12 Meikle Crescent, Greengairs, ML6 7UQ, dated 26'h July 2010.

Consultation Responses:

Letter from Scottish Water received 4'h May 2010 Letter from Scotland Gas Networks received 1gth May 2010 Letter from SEPA received May 2010 Memo from Greenspaces Team received 14'h may 2010 Memo from Landscape Manager received 1Oth May 2010 Memo from Protective Services received 13th may 201 0 Memos from traffic and Transportation received 22"d April and 28'h July 2010

Contact information:

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 616437

Report Date:

31 st August 201 0 APPLICATION NO. N/10/00352/PPP

REPORT

1. Site Description

1.1 The application site is to the west and north of Greengairs Road in the village of Wattston. Specifically, the site extends beyond numbers 73 to 143 Greengairs Road, and encompasses the existing William Shanks Builders premises. The existing dwellinghouses at this location are predominantly single and 1’/2 storey.

1.2 As detailed above, the site includes the existing Builders premises (through which access to the proposed development would be taken), including an area of yard storage which has evolved in a northerly direction beyond the settlement boundary. The remainder of the site comprises agricultural land with the northern section separated by a band of trees. The land generally declines in level from north to south and line of overhead cables crosses the site in an east-west direction.

2. Proposed Development

2.1 Planning permission in principle is sought for an industrial and residential development.

2.2 While the application is in principle only, an indicative layout has been provided. The first element of the proposal displaces the existing Shanks Group site with a new access road and the introduction of 7 modern industriaVbusiness units on the existing yard storage area to the north. It is intended that this would relocate the existing businesses as well as providing additional industriaVbusiness accommodation open to the local market.

2.3 The second element of the proposal is ‘enabling’ residential development to facilitate the business premises relocation. This would be located on agricultural land to the west of the proposed industrial units and to the rear of established properties accessed off Greengairs Road. The indicative layout illustrates 11 plots for large dwellinghouses within spacious garden ground. The proposed residential element would take access from the same road serving the industrial units.

2.4 The scheme has been reduced from the initial plans which had additional residential development to the north and a different access point through farmland beyond the western boundary of the settlement.

3. Applicant’s Supportinu Information

3.1 The applicant has provided a supporting planning statement, a design and access statement, a noise assessment and protected species survey. The supporting information details that the Shanks Group is a local builders business, comprising 3 components: (William Shanks Construction, Tom Shanks Engineering and Robert Shanks Joiners). The applicant notes that currently, these components employ 39 employees, all working from the same premises. It is noted that the existing units are operating at full capacity and that the Group now requires larger more modern premises. The applicant details their connection to the village, including local employment and therefore their desire is to remain in situ with a rationalisation of their existing site and expansion to the north.

In summary, the advantages of the scheme are seen by the applicant as:

0 Industrial buildings no longer visible from Greengairs Road; 0 Reduction in the impact of industrial uses on neighbouring properties (visual, noise and enhanced boundaries); 0 Improved provision/facilities for existing and new local businesses; Positive economic benefit to the local community; Provision of facilities for outdoor recreation (additional pedestrian provisions linking access to the countryside); 0 Provision of high quality housing for the local area.

4. Site History

4.1 C/08/00516/FUL for the ‘Extension to Workshop and Change of Use of Garden Ground to Builders Yard, Two Flatted Properties to Office Accomodation and Office Accommodation to Dwellinghouse” was approved on lothJune 2008. This relates to the existing Shanks Group site.

5. Development Plan

5.1 This application raises issues of a strategic and local nature and therefore must be considered in terms of both the Structure and Local Plan.

5.2 Relevant policies in the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the Fourth Alteration 2008) are Strategic Policy 1 - Strategic Development Locations, Strategic Policy 6 - Quality of Life and Health of Local Communities, Strategic Policy 9 - Assessment of Development Proposals and Strategic Policy 10 - Departures from the Structure Plan.

5.3 The site is identified as land forming part of the ‘Green Belt’ in the Monklands District Local Plan 1991 to which policy GB1 applies.

6. Consultations

6.1 SEPA have objected to the application on grounds that the development should be served by the public sewerage system. SEPA also object unless surface water from the development is treated by way of SUDS infrastructure.

6.2 Scottish Water raise no objection to the application but note that there are no public sewers in the vicinity of the proposed development. While no objections are raised, Scottish Water do note that they cannot reserve capacity and that the local waste water works has limited capacity. As such, it may be necessary for the developer to fund infrastructure improvements.

6.3 Scotland Gas Networks raise no objection to the application and note the position of their infrastructure.

6.4 Greenspaces Team and Landscape Manager raise no objection. Comments are given in respect to the design and access statement and in particular recommendations that landscaping should be designed into the scheme from outline stage. Recommendations on appropriate landscaping and biodiversity enhancements are given. Also required is the submission of protected species report and potential links to access routes in the area.

6.5 Protective Services raise no objection but require the completion of a Site Investigation to identify and provide mitigation for any potential contamination. Further advice is given in respect to construction nuisance.

6.6 Traffic and Transportation have recommended that the application be refused. The initial scheme had access taken from a new road to the west of Wattston. This was deemed inappropriate as it was onto the public road where the national speed limit applies, there is a lack of footways linking the village, there is substandard junction spacing and substandard visibility splays when exiting the new site. Comments were also given in respect to internal roads requirements for both the residential and industrial components of the scheme. 6.7 The amended scheme, which takes access over the existing site within the village (30mph limit), has also been recommended for refusal. In this instance, required junction spacing is also substandard. Visibility from the proposed access is achieved, although it is noted that in one direction this is partially on land outwith the control of the applicant. Only one footway is proposed into the site, with no link to the north- west footway on Greengairs Road. Internally, it is highlighted that the standard of road proposed does not achieve required standards in respect to width, verge and footway provision as well as inadequate separation of industrial and residential users (roundabout within the site). It is noted that internal parking provision appears substandard.

7. Representations

7.1 5 letters online representations have been received from adjacent residents (3 households). These are summarised as follows:

Application conflicts with NLLP as it exceeds the Rural Investment Area threshold of 4 units. This development may contribute towards urban growth and co-coalescence, There is no pressure for building plots with others nearby remaining unsold for a considerable amount of time, Loss of outlook, Overshadowing, Loss of privacy, Reduction in air quality, Road safety and access difficulties as a result of the road to the rear of/adjacent to established properties (similar representations received on both proposed access points), Loss of amenity due to new road to rear of/adjacent to private residential gardens. The area is currently a rural setting which has benefits of being tranquil, quiet, having good air quality and having recreation/access possibilities (similar representations received on both proposed access points), Loss of amenity due to noise from the industrial area, Suggestions that access could be taken into the site from the east or the north, avoiding a new road directly behind existing residences, reducing industrial traffic through the village, improving sightlines and reducing noise, Already poor public transport links resulting in greater car use within the village, Impact on radio signals (neighbouring resident’s hobby) due to new street lights, Errors within the supporting statement in respect to sunpaths and ground levels, Impact on ability to sell homes.

8. Plannina Assessment

8.1 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:

8.2 DeveloDment Plan: The Development Plan consists of the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008) and the Monklands District Local Plan 1991, The application is of strategic significance in structure plan definition due to the site zoning and number of dwellinghouses proposed.

Structure Plan 8.3 Strategic Policy 1 (Strategic Development Locations) requires the continued designation and safeguarding of the Glasgow and Clyde Valley Green belt within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. The proposed development is for residential/industrial development on land zoned as Green Belt in the adopted Local Plan. It is considered that the proposal therefore fails to comply with Strategic Policy 1. It is acknowledged that Wattson is identified in Strategic Policy 1 as falling within a Rural Investment Area, where there are broad strategic aims to support economic regeneration, social inclusion and environmental quality. However, this does not alter the adopted Local Plan policy context. More recent Council interpretation of Rural Investment Areas is contained in the emerging North Lanarkshire Local Plan, discussed below.

8.4 Strategic Policy 6 (Quality of Life and Health of Local Communities) indicates that the quality of life and health of local communities will be supported through providing housing opportunities to meet the requirement for a continuing 5 year effective owner occupied land supply. The Finalised Draft North Lanarkshire Local Plan has addressed any housing land shortfall by identifying, where required, residential sites of which this site is not included. The proposal is therefore deemed to be a departure from the Structure Plan in respect to housing land supply and Strategic Policy 6.

8 -5 Strategic Policy 9 (Assessment of Development Proposals) indicates that industrial and housing developments of a significant scale will be assessed against the demand and effective supply of industrial and housing land in the relevant market areas. Strategic Policy 9 B (iv) also covers the location of development in terms of the need to avoid sporadic development in the Green Belt and the wider countryside. The proposal seeks permission for industrial and residential development in the Green Belt where no identified need has been established or demonstrated. The proposal therefore fails to meet the criteria set out in Strategic Policy 9. It is therefore regarded as a departure from the Development Plan and requires to be justified against Strategic Policy 10.

8.6 Strategic Policy 10 (Departures from the Structure Plan) indicates that consideration should be given to the appropriateness of the development having regard to various criteria. The proposed development is not an acceptable departure from the Structure Plan under Strategic Policy 10, as, due to the reasons detailed in this report, it cannot be justified against the defined criteria of economic benefit, social benefit and environmental benefit. With respect to the Strategic Policy 10 reference to industrial and housing land supply it should be noted that North Lanarkshire Council has addressed any local shortfalls through a number of identified existing industrial and new residential sites, promoted though the North Lanarkshire Local Plan. In effect, there is a ‘plan-led’ response to such shortfalls.

Local Plan

8.7 Monklands District Local Plan 7997: The site is covered by policy GB1 (Restrict Development in the Green Belt). This policy restricts development in the Green Belt to exceptional circumstances related to forestry, agriculture and uses which specifically require a rural location. There is no justification for the proposed development in terms of the pursuance of agriculture, forestry or other economic activity appropriate to a rural location.

8.8 It is accepted that the existing businesses are well established at the location and given physical constraints at the site there may be specific pressure on the applicant in being able to provide space for personal on-site expansion. Nonetheless, no substantive information has been presented to demonstrate the level of expansion anticipated nor has there been any analysis to demonstrate that this cannot be accommodated within the existing site or at other appropriately zoned sites in the surrounding area. In addition to these personal constraints, there has not been any substantive justification demonstrating a demand for speculative industrial units available to the local market or any breakdown of costs to demonstrate the need for ‘enabling’ development.

8.9 The purpose of the Green Belt, amongst other aims, is to prevent sporadic development in the countryside. With the lack of any appropriate justification, this development therefore constitutes such an incursion. In this respect, the application is considered contrary to policy GB1. While the planning system allows for appropriate departures from policy, in the absence of robust justification in terms of social, economic and environmental benefits, it can also be concluded that there is not sufficient justification to support such a departure.

8.10 Other policies within the Local Plan are also applicable. The site is zoned LI1 (High Quality Landscape). This zoning notes that except where specific development opportunities have been identified, development should be directed elsewhere. This site has not been identified as having potential for development and the application can be considered contrary to the aims of the LI1 designation. Policy CU/5 (Safety Restraint Areas) identifies that a small section of the site lies adjacent to land with former use as a landfill site. This aims to ensure that any development is safeguarded from landfill gas. Should planning permission be granted, technical solutions would require to be found for any related matters.

8.1 1 Material Considerations - Finalised Draft North Lanarkshire Local Plan (FDNLLP): The emerging local plan is a material consideration in the assessment of this application and zones the site: NBE3 (Rural Investment Areas).

8.12 Firstly, Policy DSP1 (Amount of Development) is relevant, with specific reference to Criteria B Potential Additions to Planned Land Supplies. Additions to housing land supplies greater than 10 dwellings on Greenfield sites, and industrial proposals of more than 2000sqm outside identified sites, require to be justified by demand assessments. No substantive justification has been provided on either element of the proposal in respect to land supply and the site has not been identified in the emerging local plan. It is noted that the industrial element (although only in principle) has a proposed floorspace of 1280sqm, below the assessment threshold. However, as an inter-related scheme, the application is still considered to conflict with Policy DSP1. Policy DSP2 (Location of Development) is relevant with specific reference to Criteria B: Potential additions to planned land supplies. Applications for new development require to satisfy locational criteria and as detailed above the site has not been identified in the Plan for residential or industrial purposes, nor has there been any justification provided to demonstrate a clear strategic demand at this location.

8.13 Behind policy DSP2, it is important to also consider the primary zoning of the site as NBE3 (Rural Investment Area) to establish any other reasons to support development at this location. Through this policy the Council aims to protect the character and promote development in Rural Investment Areas through appropriate promotion, control and assessment of proposals against defined criteria. In respect to housing this relates to up to 4 housing units, where they enhance an existing cluster. The proposed application exceeds both this threshold and fails to comply with the cluster principle, encroaching into open countryside. In respect to industry, allowance is given for industry up to 1,000sqm demonstrating economic benefit, again subject to technical assessment and the cluster principle. It is noted that the proposal displaces and rationalises the existing businesses, however, it also offers speculative industrial units for which there is no proven demand and exceeds the threshold prescribed by the policy. The existing premises are within the defined settlement boundary, forming part of established linear development along Greengairs Road. Physically, it is considered that this element is also an incursion into the countryside rather than enhancing an existing cluster. It is noted that this is an inter-related scheme and combined, the two elements depart from the spirit and intentions of rural investment policy. 8.14 It is accepted that the existing business is long established. In such circumstances, the proposed relocation/rationalisation of those businesses could be considered to fulfil a local need, however combined with the inter-related enabling housing element and speculative nature of the industry and with the lack of justification for those elements, it is not considered that this complies with the aims of policy NBE3 and therefore the terms of policy DSP2.

8.15 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. For the reasons discussed above; and below in relation to policy DSP4 (Quality of Development), it is not considered that this can be satisfied.

8.16 Policy DSP4 (Quality of Development) states that development will only be permitted where high design standards of site planning and sustainable design are achieved. Developments are also required to integrate successfully into the local area avoiding harm to neighbouring amenity and adverse impact on adjacent properties. The provision of roads, access and parking also requires to be assessed. Consideration of Policy DSP4, also allows assessment of additional material considerations that would have been taken into account looking solely at the adopted local plan.

8.17 This application is ‘in principle’ and only indicative details have been provided. In broad terms it is considered that the development would be an inappropriate incursion into the countryside, where established defined settlement boundaries already exist. The development cannot be justified as having infill or ‘rounding-off‘ advantages. In terms of access, as detailed in paragraph 6.7, the proposed access does not achieve appropriate provision for industrial traffic, residential traffic, pedestrian footways, segregation of those users and appropriate linkages to and onto Greengairs Road.

8.18 The applicant has submitted a noise assessment which concludes that there would be no unacceptable impact upon neighbouring residents and this is accepted. It is also accepted that subject to detailed design, there would be no privacy or overshadowing violations. It is however noted that the general amenity of residents on Greengairs Road would be reduced, where currently open agricultural land exists to the rear. The applicant has submitted an ecology assessment which confirms no unacceptable impact on protected species as a result of the development and this is accepted.

8.19 Overall, it is considered that the proposals do not comply with all the terms of the assessment criterion contained within policy DSP4.

8.20 Scottish Plannina Policv (SPP): The applicant has sited the national Scottish Planning Policy document as providing specific support for the proposal. Their interpretation highlights the central policy of supporting sustainable economic growth and the responsibility of planning authorities to take a positive approach to development. They also highlight the need to take a flexible approach to changing circumstances and new economic opportunities, to take account of economic benefits of proposals, to support development which will provide new employment generation and enhance local competitiveness and to be flexible to accommodate the requirements of inward investment and growing indigenous firms. 4 businesses with links to the village are noted as having expressed an interest in accommodation. The applicant also refers to SPP inasmuch as it relates to rural development. In particular they refer to the requirement for development plans to allocate a generous supply of land to meet housing requirements, with a change to accept small clusters and links to existing clusters and new housing which is linked to rural businesses or that would support new businesses by providing funding.

8.21 Response: It is accepted that the SPP advises that authorities should respond to the diverse needs and locational requirements of different sectors and sizes of businesses and take a flexible aDDrOaCh to ensure that chanaina circumstances can be accommodated and new economic opportunities realised. It is also accepted that the SPP states that removing unnecessary planning barriers to business development and providing scope for expansion and growth is essential. While it is highlighted by the applicant that the existing business is constrained, there has not been any robust justification for the level or expansion required, nor any substantive demonstration that there is a demand for new local industry accommodation. Conversely, current industrial land reviews identify no shotlfall, and other local sites for housing development remain incomplete. It is also highlighted that no robust breakdown in cost has been provided to demonstrate the requirement and value of the enabling element. While a more relaxed approach in respect to business and housing land in rural areas is promoted, the SPP does acknowledge that this should be part of a structured and co-ordination development plan process. The emerging local plan makes provision for this more flexible approach as discussed previously and ultimately it has been concluded that the application fails to meet the terms of rural investment area policy. It is also considered that the application fails to meet the aims of the SPP.

8.22 Consultation Responses - In response to the comments received from SEPA and Scottish Water, it is noted that there is a tension in terms of being able to provide waste water connection to the public sewer and a link being available. The applicant has noted that this can be overcome.

8.23 In response to the comments received by Protective Services, it is considered that this could be addressed by a planning condition relating to the submission of a site investigation report. An advisory note on a planning permission decision notice would satisfy construction nuisance concerns.

8.24 While no response has been received from Scottish Power, should planning permission be granted, it is recommended that the applicant be advised to contact them prior to development taking place due to the location of nearby overhead lines.

8.25 Representations: In response to representations, the following comments are given:

a) Application conflicts with NLLP as it exceeds the Rural Investment Area threshold of 4 units. This development may contribute towards urban growth and co-coalescence, b) There is no pressure for building plots with others nearby remaining unsold for a considerable amount of time.

Comment: Refer to planning assessment above.

c) Loss of outlook, d) Overshadowing, e) Loss of privacy

Comment: Refer to paragraphs 8.16 - 8.19 above.

f) Reduction in air quality.

Comment: This is not a concern raised through consultation with Pollution Control. It is noted that the proposal displaces existing industry and the net impact is considered to be marginal.

g) Road safety and access difficulties as a result of the road to the rear of/adjacent to established properties (similar representations received on both proposed access points), h) Loss of amenity due to new road to rear of private residential gardens. The area is currently a rural setting which has benefits of being tranquil, quiet, having good air quality and having recreation/access possibilities (similar representations received on both proposed access points). Comment: Refer to paragraphs 6.7 and 8.17 above in respect to Road Safety. In respect to amenity, it is accepted that the proposal would result in the loss of open Green belt land with an impact on general amenity.

i) Loss of amenity due to noise from the industrial area, Comment: There has been no objection to the application from Pollution Control in respect to noise. A noise assessment has been submitted which concluded that noise would be within acceptable levels.

j) Suggestions that access could be taken into the site from the east or the north, avoiding a new road directly behind existing residences, reducing industrial traffic through the town, improving sightlines and reducing noise.

Comment: Every application is assessed on its individual merits.

k) Already poor public transport links resulting in greater car use within the village.

Comment: Increase in vehicular movementldependency as a result of the application is not considered to be so unacceptable as to merit refusal of the application.

I) Impact on radio signals (neighbouring resident’s hobby) due to new street lights, m) Errors within the supporting statement in respect to sunpaths and ground levels, n) Impact on ability to sell homes.

Comment: These points are not material to the assessment of the application. The errors in the supporting statement are noted and have been taken into account in the assessment of the application.

9. Conclusions

9.1 In conclusion, this planning application has to be assessed against the relevant policies of the Development Plan and all other relevant material considerations. In this instance, the proposed development has been found to be an unjustified incursion into the Green Belt in terms of the adopted Local Plan with no demonstrative need for either the housing or industrial elements in respect to land supply. In respect to the acceptable departures from the Development Plan, emerging local plan and SPP, although in the Rural Investment Area, it is considered that inadequate justification for both the industrial and ‘enabling’ housing elements has been provided and as such, on balance, the development is not considered to be a justifiable rural investment area scheme. It is also considered that it has not been demonstrated that the scheme can be satisfactorily accommodated in respect to the local road network and layout. It is therefore recommended that the application be refused. The applicant has requested a site visit and hearing. Application No: Proposed Development:

N/10/00462/FUL Mixed Retail (Two Shop Units) and Residential Development of 7 Flats and 6 Townhouses with Associated Parking and Access Arrangements Site Address:

62 Clark Street Airdrie ML6 6DW

Date Registered:

1 lth June 2010

Applicant: Agent: Trumros Limited CDP Architects C/o Agent Moorpark House 11 Orton Place Glasgow G51 2HF

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 008 Airdrie Central 1 letter of representation received. George Devine, James Logue, David Stocks,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to accord with the development plan as it generally follows the appropriate criteria relating to a mixed use development of retail and residential units as set out in the Monklands District Local Plan 1991, The proposal can be accommodated without detriment to the surrounding area and includes satisfactory parking and access provisions including improvement works to Miller Place. N/IOLiO462/FUL Trumros Limited 62 Clark Street Alrdrle Mixed Retail nwo Class 1 units] and Residential Development of Flats and Townhouses with k-#A-rp-z-.w2"3. riw-Lbd p'.-Lw..' Associated Parking and Access Arrangements -lr*.CII"u.C'.",..,-mb--p~+ ._-._.X k:t=*m.=a= mm * Representation +- Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That the development hereby permitted shall be carried out strictly in accordance with drawing numbers G9.226: L(--)OO; L(--)OlC; L(--)02; and L(--)03L and no change to those details shall be made without prior written approval of the Planning Authority.

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

3. That no shop unit, flat or dwellinghouse hereby permitted shall be occupied until the road upgrading works to Miller Place and formation of the parking court have been completed to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

4. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

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

5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant SEPA guidance and the approved plans.

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

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

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

7. That BEFORE any of the flats or dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 7 above, shall be erected.

Reason: In the interests of residential amenity

8. That notwithstanding the terms of condition 2, and BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Reason: To enable the Planning Authority to consider these aspects in detail.

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

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

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

10. That all works included in the scheme of landscaping and planting, approved under the terms of condition 9 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the visual amenity of the area

11. 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 parking court (b) the proposed external lighting provided for the parking court (c) the proposed grassed, planted and landscaped areas (d) the proposed fences/walls

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

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

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

13. That any remediation works identified by the site investigation required in terms of Condition 12 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents. 14. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

15. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

16. That should the development hereby approved not commence before March 201 1, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.' Backaround Papers:

Representation Letters

Letter from Mr & Mrs Robertson, 3 Millers Place, Airdrie, ML6 6DR received 15 June 2010.

Consultation Responses:

Environmental Health (including Pollution Control) Scottish Water Countryside and Landscape Manager Transportation Section

Contact Information:

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 61 6459

Report Date:

20thAugust 201 0 APPLICATION NO. N/10/00462/FUL

REPORT

Site Description

Planning permission is being sought for a development comprising of two shop units with flats and townhouses with associated parking facilities at 62 Clark Street Airdrie.

The application site extends to some 0.33 ha in area and incorporates a disused building and car park that was last used as a snooker hall. The site is located to the south of the A89 and is about VI mile east of Airdrie Town Centre. The immediate area around the site is characterised by a mix of commercial and residential uses found on both sides of Clark Street. Miller Place bounds the site to the west and an operational railway bounds part of the southern boundary of the site. To the east there is an existing residential area.

The proposals would comprise a mixed use development of 2 shops, 7 flats and 6 townhouses, with associated visitor and resident parking and access facilities. The shops and flats would be contained within a 3 storey building that would face onto Clark Street and the proposed 3 storey town houses would be located to the rear of the site and overlook a new parking court accessed via Miller Place. This privately maintained road would be subject to upgrading works to adoptable standards including the provision of a public footway.

The proposed 3 storey building positioned to the front of the site would incorporate traditional design elements including a steeple tower feature with large arched windows at its north/west corner. External finishing materials would comprise a mix of reconstituted grey stone block-work to the ground floor shops and flat stairwell with contrasting facing brick used elsewhere. Roofing details include a leaded cover to the steeple roof and concrete tiles to the other sections of its pitched roof. To the rear, the building would be flat roofed incorporating a roof gardedamenity space. The upper windows to the front and side elevations would include galvanised balustrades features. The flatted building would also incorporate a shared rear amenity space to the rear segregated from the parking court by a 1.8 m high wall. The flats would be allocated 12 spaces within the proposed private parking court. A bin store would be accommodated within this shared amenity space. 6 off-street customer parking spaces would be provided off Miller Place

There would be 6 three storey town houses comprising 2 semi detached units and a row of 4 terraced units. Positioned to the rear of the site they would face onto an L shaped private parking court which would provide a total of 28 car parking spaces. Each town house would be allocated 2 parking spaces. The townhouses would be provided with small front and larger rear garden areas and be finished in dark brown facing brick with concrete tiles to double pitched roofs. The parking court entrance would be landscaped incorporating some tree planting.

In summary the proposals would provide the following roads and parking improvements.

0 Upgrading works to Miller Place including turning facilities, all to adoptable standards 0 6 off-street shop customer parking spaces off Miller Place 0 2 additional off-street visitor spaces off Miller Place 0 New Parking Court accessed off Miller Place offering a total of 28 spaces. (Of these 12 spaces allocated to the flats, 12 spaces allocated to the town houses and 4 visitor spaces would be provided) 3. Site Historv

3.1 The building currently occupying the site was originally constructed in late 1980s as a retail unit initially occupied by a “KwikSave” store and then by various other similar retail outlets and was last in use as a snooker hall. Recently there has been interest in redeveloping the site for housing purposes and for the reuse of the existing building as an indoor licensed leisure unit. The current application for a mixed shoppinghesidential uses was submitted following pre-application discussions with the case officer and would involve the comprehensive redevelopment of the entire site with all existing buildings demolished.

4. DeveloPment Plan

4.1 The application site is zoned under the terms of policy HG9 (Housing Policy for Existing Residential Areas) of the Adopted Monklands District Local Plan 1991.

5. Consultations

5.1 The Transportation Section had no objection to the revised layout plan which included upgrading works to Miller Place. Whilst it was noted that the access arrangements via the new turning area to the proposed parking court were not ideal, agreed that the revised layout provided a reasonable compromise in terms of access, manoeuvrability and achievable parking levels to enable the site to be redeveloped.

5.2 There was no objection from Network Rail in terms of potential impacts on the operational railway line located to the south of the site.

5.3 Scottish Water had no objection subject to the development being provided with SUDS drainage.

5.4 The Green Spaces Section had no objection provided a bat survey is undertaken on the disused building to ensure no protected species or their respective habitats would be damaged as a result of the development. The developer commissioned such a study and no protective species or habitats were identified.

5.5 The Landscaping Section suggested minor variations to the layout to ensure landscaped areas would not be susceptible to damage from parked cars, that the parking court be sufficiently lit and that some form of SUDS provision be considered to deal with surface water from the proposed hard standing areas.

6. Remesentations

6.1 One letter of representation was received. Whilst no objection was raised, the letter sought clarification over some of the details of the planning application. In particular assurances were sought over the retention of existing vehicular access and this was confirmed.

7. Plannina Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. In this instance, the development is not of strategic significance and therefore the Structure Plan is not relevant in the assessment of this planning application.

7.2 DeveloDment Plan: The Monklands District Local Plan 1991: Policy HG9 sets out to protect the amenity of existing housing areas from inappropriate development that is not of a nature ancillary to housing. This policy also requires proposals to conform to the relevant Development Management Design Guidance.

7.3 As noted above the proposed development would involve the provision of a mixed use development comprising of shops/flats and townhouses with associated parking facilities. The surrounding area comprises of a mixture of commercial and residential uses and it is considered the proposals would complement the existing area and accord with the terms of the development plan with no detrimental impact on the amenity of the area. The proposals would also result in the demolition of an unsightly building on a prominent town centre approach road and as such the visual amenity of the locus would be significantly approved.

7.4 The proposed development is considered to generally accord with the terms of the design guidance on such proposals.

Vehicular Access: As noted above, the site would be accessed from Miller Place, which would be subject to upgrading works to an adoptable standard. Access to the proposed parking court would be from Miller Place and its layout and access provisions are considered acceptable.

Parkina: There would be an acceptable amount of shop customer and visitor parking facilities provided off Miller Place, which would be complimented by existing on-street parking arrangements on Clark Street. The proposed parking court has adequate spaces to serve the town houses and flats.

Amenitv Soace: It is considered that the proposed flats would have an adequate level of private amenity space to the rear of the flatted building. This would be a shared space providing a usable secure area incorporating the required bin store. An upper level garden terrace is also considered acceptable. The 3 storey town houses would be provided with adequate front and rear garden areas.

Buildina Desian: As noted above the flatted building would be three storeys in height and this is not considered to be unacceptable within the local streetscape and would not result in adverse impact on the character or amenity of the area. The building design incorporates traditional design elements and the proposed feature steeple tower would add visual interest to the development. The 3 storey town houses are also considered acceptable in terms of their impact on the surrounding area. There would be no adverse effects on surrounding properties by loss of privacy or sunlight.

7.5 Taking into account the above, the proposal can be considered to generally accord with the relevant policies and design guidance within the local plan and there are no policies which would presume against it.

7.6 Other Material Considerations: The Finalised Draft North Lanarkshire Local Plan: The application site is located within an existing residential area and is zoned under policy HCF 1 A (Residential Amenity) which seeks to protect the amenity of existing residential areas from inappropriate development but makes allowances for developments of an ancillary nature. It is considered that the proposals are in accordance with this aim.

7.7 Consultations: There were no objections and relevant matters raised can be covered by condition on any planning permission.

7.8 Reoresentation: One of the local residents sought assurances that the proposals would allow an existing vehicular access to be maintained. This was confirmed in a response to the resident.

8. Conclusions and Recommendation 8.1 The proposals are considered to accord with the terms of the development plan and the proposed site layout, building design, access and parking provisions are considered acceptable. There were no adverse comments received from the consultation responses and there were no objections. It is considered that the proposals would result in a significant improvement to the visual amenity of this area following the demolition of the existing building. It is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

10/00482/FUL Extension to Reema Road Recycling Facility

Site Address:

Civic Amenity Centre Reema Road Reema Industrial Estate Bellshill ML4 1 RR

Date Registered:

27th May 2010

Applicant: Agent: North Lanarkshire Council NIA Landscape Unit 366 Hamilton Road Strathclyde Country Park Motherwell MLI 3ED

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 5 Mossend And Holytown No letters of representation received. Councillors James Coyle, Paul Delaney & Kevin McKeown

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that there will be no detrimental impact upon the surrounding commercial and residential properties. Produced by Ebm lanakhire Council PLANNING APPLICATION 10 I00482 I FUL Planning and hvimnment Cepartmni Extension to Reema Road Recycling Facility Civic Amenity Centre, Reema Road, Reema Industrial Estate, Bellshill telO1688 274274v A $x 01888 403053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

3. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

4. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 0930-LP-00, 0930-LP-00 A, 0930-S-01 , 0930-LP-03, 0930-LP-04, 0930-LP-05, 0930-LP-06, 0930-LP-07, 0930-LP-08, 0930-LP-10, 0930-LP-11, 0930-LP-12, 0930-LP-13, DRA-01, R310, R3011, S2010, SEC-01, SEC-02, SEC-03 Rev A, SEC-04 Rev A, SEC-05 Rev A, 340439-0 and 340439-1.

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

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

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

6. That any remediation works identified by the site investigation required in terms of Condition 5, shall be carried out to the satisfaction of the Planning Authority. Before the development hereby permitted is brought into use, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

7. The BEFORE the development hereby permitted is brought into use, details of all external lighting for within the site shall be submitted to and approved by the Planning Authority, and any lighting erected within the site shall be installed in accordance with the details approved under the terms of this condition.

Reason: In the interests of visual amenity of the site and the general area. 8. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

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

9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the development hereby permitted is brought into use, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance prior to the retail unit being brought into use.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

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

Reason: To ensure the provision of satisfactory drainage arrangements.

11. That BEFORE the development hereby permitted starts, full details of the design and location of all fences, gates and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority and any walls, gates or fences erected at the shall be accordance with the details approved under the terms of this condition.

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

12. That notwithstanding the requirements of Condition 11 above and before the development hereby permitted shall be brought into use, a 2 metre high closed boarded timber fence shall be erected using 19mm thick softwood boards along the entire length of the western boundary of the application site, to the satisfaction of the Planning Authority, and shall thereafter be maintained at all times.

Reason: In the interests of the amenity of the neighbouring residential properties.

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

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

14. That BEFORE the development hereby permitted is brought into use all of the associated parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out on the highway. 15. The BEFORE the occupation of the development hereby permitted, details of all external lighting, including any provision for CCTV Cameras, for within the site shall be submitted to and approved by the Planning Authority, and any lighting or CCTV cameras shall be installed in accordance with the details approved under the terms of this condition.

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

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

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; in particular this should include a scheme for tree and shrub planting along the site frontage and surrounding the SUDS area. (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) a detailed schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the development hereby permitted is brought into use.

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

17. That all works included in the scheme of landscaping and planting, approved under the terms of condition 16 above, shall be completed in accordance with the approved schedule, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the occupation of the extended facility being brought into use, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity. Backaround Paoers:

Consultation Responses:

Letter from SEPA dated 8'h June 2010 Letter from Scottish Water dated 15'h June 2010. Memo from Transportation dated 25'h June 2010 Memos from Protective Services dated 21 '' June 2010 and 1Oth August 2010. Memo and email from Land Services (Greenspace) received 6'h July 2010 and 26thAugust 2010.

Contact Information:

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01698 2741 12

Report Date:

26'h August 2010 APPLICATION NO. 10/00482/FUL

REPORT

1. Site Descriution

1.1 The site comprises of an existing recycling facility and vacant rough grassland with semi mature trees and vegetation. The site measures 0.58 hectares and is bounded by a mature tree belt to the south, vacant rough grassland to the north and west and a plant nursery to the east and south east. Access to the site is taken from Reema Road. The site slopes gently in a south to north direction. The closest residential dwellings lie approximately 75 metres to the west of the application site.

2. Prouosed Develoument

2.1 Planning permission is sought to alter and extend the recycling facility by utilising vacant land to the west of the existing site. The extended facility will allow a greater variety of recyclable materials to be handled by the facility in order to meet the Council’s Waste Strategy. The proposed site layout incorporates a one way system for traffic by entering at a new access point from Reema Road and leaving via the existing main access point. There will be a split level design with the 12 larger skips at ground level and 4 smaller containers on the upper level for the deposition of smaller materials. There will be a portakabin building for staff with provision for four staff parking spaces.

3. Auulicant’s Suuuortina Information

3.1 The applicant has submitted the following documents in support of this application: Noise assessment, protected species survey, cinnabar moth survey, earthworks specification report and a retaining walls options report.

4. Site History

4.1 There has been one previous application Ref. 01/00718/NID for the construction of a canopy and alterations at the existing recycling centre which was granted on 6‘h November 2001. As this application was submitted by the Council, it was submitted as a Notice of Intention to Develop at that time.

5.

5.1 The site is zoned as Policy IND 1 (Industrial and Business Land Development Sites and Opportunities) in the Southern Area Local Plan 2008.

5.2 The site is covered by Policies HCFl A (Residential Amenity) and EDI 2 A (Industrial and Business Sites) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

A summary of comments from the consultees are as follows:

a) SEPA have no objections subject to the discharge of surface water to a water environment in accordance with the principles of the SUDS Manual published by ClRlA (1997). b) Scottish Water has no objections to the proposed development subject to the applicant making a separate application to Scottish Water for connection to their apparatus. c) Transportation has no objections to the proposed development subject to consideration being given to the location of the skips. d) Protective Services have commented on the findings of the noise report and recommend that a 2m high close boarded fence is erected along the western boundary of the application site. They noted that consideration should be given to the impact of any external lighting. e) Land Services (Greenspace) noted the presence of badgers and the potential for cinnabar moths on site and requested a protected species survey to be submitted with particular regard to both of these species. Following review of the submitted ecological surveys, they were content with the findings of the reports.

7. Rewesentations

7.1 No letters of representation have been received in relation to this application.

8. Plannins Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned under Policy IND1 (Industrial and Business Land Development Opportunities) in the Southern Area Local Plan 2008. Policies IND9 (Assessing Applications for Industrial and Business Development), TR13 (Assessing the Transport Implications of Development) and MIN 10 (Facilities for Recycling) also apply.

DeveloDment Plan:

8.2 Policy lNDl supports, in principle, the development of the identified vacant and derelict sites for industrial and business purposes. In this case, the wider Reema Road area has been identified for industrial development and the existing recycling facility is one of three commercial properties which have been constructed. Given that the proposed development is an extension to an existing facility, it considered to be in accordance with Policy IND1.

8.3 Policy IND9 (Assessing Applications for Industrial and Business Development) lists the criteria which should be taken into account in assessing such applications. Those relevant to the detail of the proposal are: suitability of the proposal to the character of the area within which it is set; detailed design elements; provision for landscaping screening, fencing and security and provisions made for servicing, access, vehicle circulation, manoeuvring and parking. The principle of a recycling centre has already been established at this location for some time as the facility has been located for over 10 years. The proposed extension will extend into land to the west of the recycling centre and will be located approximately 75 metres from the residential dwellings at McMahon Grove. It is considered that the proposed extension can be accommodated without detriment to the amenity of the neighbouring residential dwellings subject to the erected of a 2 metre high timber closed boarded fence. It is therefore considered that the extension to this facility is suitable for the area within which it is set. In terms of detailed design elements, the proposed site layout encompasses a split level design in order to satisfactorily manage the deposition of all materials safely into the larger skips and to separate the public vehicles from service vehicles. The sloping nature of the site assists in the split level design however there will require to be engineering works, including the construction of retaining walls, in order to achieve the required site levels. The proposed portakabin building is considered to be sited at an acceptable location. With regard to details for landscaping, fences, walls and gates and the location of CCTV cameras, planning conditions are recommended to ensure that all boundary treatments are to a satisfactory manner to secure the site. Matters relating to transportation are discussed at paragraph 8.4 below. Taking account of the above, it is considered that the proposal complies with Policy IND9.

8.4 Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation has no objections to the proposal subject to consideration of the location of the skips. It is considered that the location of the skips has been designed in order to allow the larger service vehicles to easily access and egress from the site at the lower, ground level in order separate these vehicles from the public areas. Taking account of the above comments, the proposal therefore complies with Policy TR13.

8.5 Policy MIN10 (Facilities for Recycling) is relevant to this application as this policy seeks to maintain and extend in the network of recycling centres in which the public can place recyclable material. As the proposed extension and alterations to the existing centre will enhance the amount of material which can be recycled within the Bellshill area, it is considered that the proposal is in keeping with the spirit of Policy MINIO.

Other Material Considerations:

8.6 The site is covered by Policies HCF1 A (Residential Amenity) and EDI 2A (Industrial and Business Site) in the Finalised Draft North Lanarkshire Local Plan. The existing recycling centre is zoned as Policy HCFlA and the land being utilised for the extension is covered by Policy EDI 2A. The zoning of the land being utilised for the extension to the facility remains unaltered from the adopted Southern Area Local Plan. As such, the proposal accords with the emerging local plan.

Consultations:

8.7 With regard to the comments received from Protective Services, suitable planning conditions are recommended in respect of the submission of a site investigation report, external lighting and boundary fencing. In terms of the comments received from SEPA and Scottish Water, suitable planning conditions can be imposed.

9. Conclusions

9.1 In conclusion, following detailed assessment of the application, it is considered that the proposed development is acceptable when considered against the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. The proposed development will provide an improved recycling facility for Bellshill without adversely affecting the neighbouring residential and commercial properties. It is therefore recommend that the application be granted subject to conditions. Application No: Proposed Development:

10/00491/FUL Erection of Detached Dwellinghouse

Site Address:

Land South West Of 25 Maryville View Uddingston

Date Registered:

4th May 2010

Applicant: Agent: Mrs Therese Stirling Stanley Cook Land South West Of 12 Beveridge Terrace 25 Maryville View Mossend Uddingston Bellshill ML4 2RJ

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 013 Thorniewood No letters of representation received. Councillors Robert Burrows, James McCabe & Duncan McShannon.

Recommendation: Refuse

Reasoned Justification:

The proposed development fails to meet the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that the design and scale of the house is inappropriate and its positioning within the site of the proposed house is unacceptable and would have a detrimental impact upon on this prominent site and its countryside setting. Pmduced by manning Applicatlon NO. s 110 I 00491 I FUL tbm harkhire Counal Erection of Detached Dwellinghouse

Land South Wst Of, 25 MayilleView, Uddingdon Reason for Refusal:-

1. The proposed development fails to meet the criteria set out Policies ENV6 (Green Belt), ENV5 (Assessment of Environmental Impact) and HSGll (Housing in the Green Belt and Countryside) of the Southern Area Local Plan 2008 and Policies DSP3 and DSP4 of the Finalised Draft North Lanarkshire Local Plan in that the design and scale of the house is inappropriate and its positioning within the site of the proposed house is unacceptable and would have a detrimental impact upon on this prominent site and its countryside setting. Furthermore the proposed development does not fully comply with the Councils Developers Guide to Open Space in terms of distances from the side boundaries. Backaround Papers:

Consultation Responses:

Memo from Transportation received 17'h May 201 0 Memos from Land Services (Greenspace) received 3rdand 28'h June 201 0. Memo from Protective Services received 2!jth May 201 0 Letter from Scottish Water received 17'hMay 2010

Contact Information:

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01 698 2741 12.

Report Date:

6th September 201 0 APPLICATION NO. 10/00491/FUL

REPORT

1. Site Description

1.1 The site comprises of open grassland with semi-mature trees along the western boundary and measures 0.26 hectares. The site measures 23 metres wide by 72 metres long and is accessed from Maryville View via an existing private access road which serves the residential properties to the north. The site is bounded to the north by two single storey dwellinghouses, to the west by Calderbraes residential caravan site and to the east by Old Edinburgh Road (87001). The south of the site is bounded by open agricultural land for 130 metres before reaching Glasgow Road. The western part of the site is relatively level however it falls away sharply on the eastern side towards Old Edinburgh Road.

2. Proposed Development

2.1 The applicant proposes to construct a detached split level dwellinghouse which is built utilising the existing levels to create a basement level with the main living accommodation on the upper floor. This will result in a two storey element to be viewed from Old Edinburgh Road and single storey element viewed from the west. A balcony is proposed on the eastern elevation which shall be finished with stone pillar and wrought iron railings. The dwellinghouse will be constructed using blonde stone base course and corner quoins, red facing brick and red brown concrete roof tiles. The dwelling includes an integral garage and parking area to the front of the house, with access to the site will be via the existing access road from Maryville View.

3. Applicant's Suoportinu Information

3.1 The applicant has submitted a protected species survey in support of this application.

4. Site Historv

4.1 There was a previous planning application Ref. S/07/00700/OUT for a detached dwellinghouse which was approved by the Planning and Transportation Committee on 27'h June 2007. The application was then duly referred to the Scottish Ministers and it was called-in for final determination. The Scottish Minister dismissed the application and refused planning permission on 14'h July 2008 on the grounds that the site was zoned for Green Belt purposes and the applicant provided no sufficient justification for a house at this location.

5. Development Plan

5.1 The site is zoned under Policy ENV6 (Green Belt) in the Southern Area Local Plan 2008.

5.2 The site is covered by Policy HCF1 A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation has no objections to the proposal.

6.2 Protective Services request that a Phase 1 desktop study is required and depending upon the results a comprehensive site investigation may be required. 6.3 Land Services (Greenspace) are content with the findings of the submitted protected species survey.

6.4 Scottish Water has no objection to the proposed development subject to the applicant making a separate application to them for approval for connection to their infrastructure.

7. Representations

7.1 No letters of representation have been received in relation to this application.

8. Planninq Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy ENVG (Green Belt) in the Southern Area Local Plan 2008. Policies HSGII (Housing in the Green Belt and Countryside), ENV5 (Assessment of Environmental Impact) and TR13 (Assessing the Transport Implications of Development) are also relevant to this application.

DeveloPment Plan:

8.2 The site is covered by Policy ENVG (Green Belt) which presumes against any development that will affect the character and function of the Green Belt, and against development other than that directly associated with an appropriate rural use. The applicant has provided no justification in terms of operational need for this dwelling at this particular location, and in turn the application is therefore contrary to the provisions of Policy ENV 6.

8.3 Policy HSG 11 indicates that new houses will only be permitted where there is a proven operational need in accordance with Policy ENV 6. As noted in Paragraph 8.2 above, there is no operational need and the proposal does not comply with Policy HSG11.

8.4 Policy ENV 5 (Assessment of Environmental Impact) of the Southern Area Local Plan Finalised Draft is also relevant to the proposal and sets criteria for assessing the impact of the proposed development. These include suitability of the proposal to the character of the area in which it is set, and the landscape and visual impact of the proposal. This policy also sets criteria for assessing new housing applications, including visual prominence of the site, design issues, vehicular access and site drainage. The proposed house will be located at a prominent site particularly when viewed travelling along Old Edinburgh Road from the east from Birkenshaw however there is a greater visual impact when travelling north and west leading from Glasgow Road onto Old Edinburgh Road. In this case the proposed dwelling would sit to the south of the existing two houses at Maryville View however the house would be visible from Old Edinburgh Road due to its proximity to the road, the topography of the site and the lack of any screening measures. The adjacent housing is screened by a 1 metre high facing brick wall and vegetation which are located along the eastern edge of the private access road and are elevated from Old Edinburgh Road. As there is a sharp drop in levels at the eastern portion of the site, and due to the physical dimensions of the site it is not possible to accommodate a dwelling and extend the existing screening measures. The applicant has submitted a split level design in order to construct the house without significant engineering works. The scale of the dwelling proposed is, however, considered to be unsuitable for this site. The two storey element on the eastern part of the house is considered incongruous with the dwellings to the north and would be only 2 metres from the public road, with no form of screening to mitigate the visual impact of the house. Furthermore the applicant proposes to utilise materials that would be particularly prominent in terms of their colour and finish, and are not appropriate for this location which is surrounded by countryside and on the periphery of Birkenshaw. It is therefore considered the proposed design, scale and proportion at this location would not complement the housing to the north and is therefore considered unacceptable. Matters relating to transportation are discussed at paragraph 8.5 below. The current application fails to satisfy the criteria of Policy ENV5.

8.5 In assessing the transportation impacts of a development, Policy TR13 applies. In this case, the proposed access and parking arrangement are considered acceptable and Transportation has raised no concerns. As such the proposal conforms to the requirements of this local plan policy.

Other Material Considerations:

8.6 The Finalised Draft North Lanarkshire Local Plan (FDNLLP) is a material consideration in the assessment of this application and zones the area as HCFlA Protecting Residential Areas and Community Facilities. It should also be noted that this site is proposed to be released from the Green Belt as part of the Green Belt review undertaken as part of the FDNLLP process. No adverse comments were received during the Finalised Draft Local Plan Stage and therefore significant weight can be attached to the allocation of the site within this isolated residential development at Maryville View including the adjacent caravan park. Policy HCF1A, states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. There are two residential dwellings to the north of the site to the north east and in assessing the application, it is considered that addition of a further dwellinghouse within the application site would not adversely affect the residential amenity enjoyed by the existing adjacent dwellings. Notwithstanding this, while the amenity of the adjacent residential dwellings would not be adversely affected, this does not presume the site to be acceptable for residential purposes. The acceptability of the site for residential purposes requires further detailed assessment under Policies DSP3 and 4 (Impact and Quality of Development).

8.7 Policy DSP3 considers the impact of the development with particular regard to the economic, social, or environmental infrastructure of the community. As detailed in paragraph 8.4 above, the proposal is sited at a prominent location and the design, positioning and material finish of the dwelling would adversely impact upon the surrounding landscape and thus would appear incongruous with the landscape as it would sit isolated from the neighbouring dwellings located to the north. In light of the environmental impact it is considered that the proposal is contrary to Policy DSP3.

8.8 Policy DSP 4 states that development will only be permitted where high design standards of site planning sustainable design are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with design principles which lead to the creation of a distinct, successful places addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through over looking, loss of privacy or amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4. There is adequate provision for off-street parking facilities. The proposed dwelling does not fully comply with the Council’s Open Space Guidelines in that there will be insufficient side garden space, adequate front and rear garden ground can however be achieve with the house fronting onto the private access. However as detailed in paragraphs 8.4 and 8.7 above the proposal is considered unacceptable due to the design and scale of the dwelling being inappropriate to this site. It is considered that it would have an adverse impact upon this prominent site and wider landscape setting. It is accepted that the site could be capable of accommodating a house at this location, however detailed engineering works would be required to create a flat, level platform for any house and incorporating a landscape buffer with a sensitively designed dwelling. The applicant was requested to consider alternative designs which address the site levels issues and visual concerns however has declined to do so. While there would be no impact in terms of overshadowing or privacy levels in terms of the housing to the north, the design would appear disproportionate from this single storey housing. The proposal is therefore considered contrary to Policy DSP4.

Consultations:

8.9 With regard to the responses received from Protective Services and Scottish Water, suitable planning conditions can be imposed to address the matters raised.

9. Conclusions

9.1 In conclusion the proposed house would be an unacceptable development at this prominent location by virtue of its design, positioning and scale. The proposal would therefore adversely impact upon the character and amenity of the surrounding Green Belt location. It therefore does not comply with the criteria contained within Policies ENVG, ENV5 and HSG11 of the Southern Area Local Plan and within Policies DSP3 and 4 of the Finalised Draft North Lanarkshire Local Plan. Despite requests for amended plans to reach a mutually acceptable scheme, the applicant has declined to amend the proposals. In this instance there are no other material considerations to support the application and as such it is recommended that planning permission be refused.

9.2 It should be noted a request for a site visit and hearing has been received from the applicant. Application No: Proposed Development:

10/00544/FUL Change of Use to Establish Nine Private, Permanent Gypsy/ Traveller Pitches (In Retrospect)

Site Address:

Currieside Piggery Station Road Shotts

Date Registered:

14th May 2010

Applicant: Agent: Messrs Miller, McPhee And Others Forbes Marr Caravan Site On Former Piggery Site Architect & Town Planning Consultant Cu rryside 16 Craiglochart Road Dykehead Edinburgh Shotts EH14 IHL ML7 4EU

Application Level: Contrary to Development Plan: Local Yes

Ward: Representations: 012 Fortissat 2 letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to be an acceptable departure from the relevant policies of the Southern Area local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The nature of the site is such that the approval of this application would not set an undesirable precedent for other similar developments in the countryside and the proposal can be accommodated without unacceptable detriment to the surrounding area.

Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers;- 01 and 02. In particular the permission hereby approved relates only to the application site boundary as defined on the approved plans and no development shall extend beyond this area.

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

2. That the total number of caravans that can be sited permanently within the site shall be no more than 9.

Reason: In the reasons of amenity and in order that the Planning Authority retain effective control.

3. That other than those caravans referred to in condition 2 above, the siting of any auxillary caravans ancillary to the principle caravan shall not be utilised as seperate permanent residential pitches. These auxillary caravans shall not be occupied for a continuous period of longer than 2 months in any one calendar year.

Reason: In the reasons of amenity and in order that the Planning Authority retain effective control.

4. That the landscaping works proposed by the applicant in drawing number 02 shall be fully implemented during the first planting season following the date of this permission.

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

5. That the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be implemented in accordance with the approved plans and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the landscaping works, shall 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.

6. That within two months of the date of this permission, details of facilities for the storage of refuse within the site, including design, location, external finishes and access for its uplift, shall be submitted to and approved in writing by the Planning Authority. Thereafter these facilities shall be provided in accordance with the approved scheme or such alternative as may be agreed in writing with the Planning Authority within 1 month of the scheme being approved.

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

7. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any such order revoking or re- enacting that order), no development shall take place within the curtilage of the application site other than that expressly authorised by this permission without the submission of a further planning application to the Council as Planning Authority.

Reason: In the interests of amenity and in order to retain effective planning control

8. That within 2 months of the date of this consent, the applicant must provide confirmation in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

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

Reason: To safeguard adjacent watercourses and groundwater from pollution.

10. That within two months of the date of this consent, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

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

Reason: To ensure the site is free of contamination.

12. That should any remedial works be identified as necessary by the site investigation required under the terms of Condition (1 I), within 4 months of the date of this consent a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

Reason: To ensure the site is free of contamination. Backaround PaDers:

Representation Letters

Letter from Councillor Charles Cefferty, Civic Centre, Windmillhill Street, Motherwell received 2ndJune 2010. E-mail from Mr lrvine Anderson, Newhouse Ltd, Wilsons Road, Newhouse, MLI 5NB.

Consultation Responses:

Scottish Environment Protection Agency received 4'h June 2010 and e-mail received 26'h August 201 0. Scottish Water received 7'h June 2010.

Councillor Charles Cefferty received 2ndJune 2010. Transportation received 11 th June 201 0. Protective Services received 4'h June 2010. Councillor Jim Robertson received 3rd September 2010.

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 2741 13

Report Date:

6th September 2010 APPLICATION NO. 10/00544/FUL

REPORT

1. Site Description

1.1 The application site is a piece of land situated between the end of Deas Road and Station Road, a minor private access extending from the end of Station Road. The site is surrounded by farmland with the land dropping away in level to the south. The wider area comprises a mix of fields and trees and the site has open aspects to the south.

2. Proposed Development

2.1 The application seeks retrospective planning consent for the change of use of the site to form nine private permanent Gypsy traveller pitches. The site comprises an established compound measuring approximately 2000m2 with a gravel and hardcore finish. The compound contains 9 traveller pitches, each with room for a permanent caravan and auxillary caravan. In addition, the site contains two proposed communal utility units containing washing, showering and toilet facilities and an existing former piggery shed is also retained within the site.

2.2 In February 2010 this service received a complaint that gypsy/travellers had formed a compound on the site and were occupying the site on a permanent basis. The Council's Planning Enforcement Team contacted the applicants and advised that the use of the site as a permanent gypsy/traveller pitch would require a planning application for the change of use of the site. The application submitted represents the applicants attempt to regularise the works already undertaken.

3. Applicant's Supportina Information

3.1 The applicant has submitted two detailed supporting statements which outlines the application and its acceptability when assessed against Council Policy (Southern Area Local Plan and Finalised Draft North Lanarkshire Local Plan). The statements also examine the wider considerations with respect to Scottish Government Policy and advice on such proposals and includes previous appeal decisions which favour the proposed development.

4. Site Historv

4.1 Previous relevant planning applications relating to the site are as follows:-

05/01 107/FUL - Conversion and Extension to Outbuilding to Form Dwellinghouse - Refused 1gth September 2005. 06/01802/FUL - Construction of a Dwellinghouse - Refused 21 8'h February 2007. 07/01389/LUC - Application for Certificate of Lawfulness for Siting of Existing Caravan for Business Use Only - Approved 1 7'h April 2008. 08/01 022/FUL - Proposed Erection of Dwellinghouse & Kennels - Application refused 18'h August 2008.

5. Development Plan

5.1 The site lies within an area covered by ENV 8 (Rural Investment Areas) in the Southern Area local Plan 2008. 6.

6.1 Transportation and Scottish Water have no objections to the proposed development:

6.2 A summary of comments from the remaining consultees are as follows:

1. Protective Services have no objections to the proposed development subject to the submission of a site investigation report.

2. The Council’s Travelling People liason officer has commented that North Lanarkshire Council had 3 Gypsy Traveller Sites. The first site was in Kirklees Rd Mossend which closed many years ago. The second site was in Annathill which also closed several years ago. The officer advises that the Council currently have a “site“ at Forrest St Plains, which has been closed for over 5 years . The chalet units have been knocked down and the site has been made secure and to re- open this site would take considerable investment from the Council. There are therefore no NLC premises for travelling people.

3. SEPA have no objections to the proposed development subject to conditions relating to the provision of SUDS for the site.

7. Rewesentations

7.1 Following the standard neighbour notification process and newspaper advertisement 3 letters of representation (one from the Depute Provost James Robertson and one from Councillor Charles Cefferty) have been received. The main points of concern are as follows:

1. The development has an adverse impact on the visual amenity of the rural location and has a detrimental impact in terms of the view enjoyed by the properties on Rosehall Road. 2. The substandard nature of the existing access and the adverse effect that additional traffic utilising the site has on the amenity of adjacent residents in terms of noise. 3. The use of the site as a permanent residence for gypsy/traveller people is contrary to local plan policy and may set a dangerous precedent for permanent constructed residential dwellings in the future if approved. 4. The site has been subject to three previously refused applications for a permanent residential dwelling, the use of the site as a permanent residence is similar thus should also be considered contrary. 5. The drainage arrangements are substandard and could cause contamination of the Currie Burn. 6. The Council has sufficient site provision for gypsy/traveller people already available within North Lanarkshire. 7. The proposed development may give rise to more incidents of crime and disorder in the area.

8. Plannina Assessment

8.1 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.

8.2 It should be noted that the application raises no strategic issues. The application must therefore be assessed against the relevant development plan policies. The application site is identified as ENV8 (Rural Investment Areas) in the Southern Area local Plan 2008, other relevant policies are HSG6 (Travelling People) and TR13 (Assessing the Transport Implications of Development). AdoDted Local Plan:

8.3 Policy ENV8 states that the Council will not normally permit development other than that directly associated with an appropriate rural use. The associated text outlines that any development will require to be justified in terms of various criteria including:- economic benefit, specific locational need, infrastructure implications, and environmental impact. The development will not offer any economic benefit to the area given its residential nature but would allow for additional families to be economically active within the area. The development has a specific locational need in that the compound has been created on land purchased by the applicant given the lack of suitable provision within the Council area which meets the applicant’s requirements. The location of the site it is considered close enough to the existing settlement that it is not considered to be an isolated development. The proximity of the site will allow the residents to integrate with the existing community by utilising local services and schools while retaining a degree of separation. The development has no infrastructure implications as it utilises an existing private access to the site. The development has a minimal environment impact given that the site in question previously housed the former piggery and was to a degree already a developed piece of land. Furthermore the site is relatively well sited and screened so that its visual impact is minimised. The application also proposes additional planting around the site to soften its appearance and further mitigate any impact the compound has on the visual amenity of the area. The application also sets limits on the extent of the compound and will therefore control and effectively stop any further intrusion into the surrounding countryside. Although the development does not relate to a normal rural activity by its nature it is considered to be an acceptable departure from policy ENV 8. The use as a permanent gypsy/traveller pitch would therefore not set an undesirable precedent for other similar developments in the rural investment area. The proposed development is considered to be an acceptable departure from policy ENV 8.

8.4 Policy HSG 6 (Travelling People) states that the Council will continually review standards of provision throughout the plan area. Having consulted the Council’s Travelling People Liaison Officer he has confirmed that the Council presently has no operational facilities for travelling people. The development is therefore considered acceptable in terms of policy HSG 6 as it would provide private pitches in line with the wider Scottish Government policy that supports private accommodation as an appropriate way of resolving gypsy/traveller accommodation requirements.

8.5 Policy TR13 applies and requires assessment of the application against various criteria including: the level of traffic generated and its impact on the road network and provisions made for access, parking and vehicle manoeuvring. Transportation has offered no objections to the application. The site provides adequate off street parking and turning facilities and would be accessed via an existing private road. The development is therefore considered to accord with policy TR13.

Finalised Draft North Lanarkshire Local Plan

8.6 A material consideration in the assessment of the application is the Finalised Draft North Lanarkshire Local Plan (FDNLLP), however, the zoning and policy position remains unaltered from the adopted plan.

Representations:

8.7 In terms of points of objection, I would comment as follows:-

1. As advised at paragraph 8.3 above, the development is not considered to have a significant adverse impact on the visual amenity of the rural location. The compound is self contained, securely fenced and has a discrete and relatively tidy appearance. The applicant intends to provide further screen planting to soften the appearance of the site. Its impact on this area of countryside is therefore limited. Loss of view by the properties situated on Rosehall Road is not a valid planning consideration. 2. Concern regarding the substandard nature of the existing access is noted, however, having consulted Transportation, they have offered no objections to the proposed development. With regard to the adverse effect that additional traffic utilising the site has on the amenity of adjacent residents in terms of noise, Protective Services have offered no objections. 3. The concern that the use of the site as a permanent residence for gypsy/traveller people is contrary to local plan policy and may set a dangerous precedent for permanent constructed residential dwellings in the future if approved is addressed in paragraphs 8.3 to 8.5 and 8.9 to 8.14 above. The development can be accommodated within this particular location without detriment to the wider rural area. Furthermore the regularisation of such a development will enable the Council to implement conditions which restrict any expansion or further development on the site without prior written consent of the Council. 4. The previous refusals on this site for permanent residential dwellings are noted, each application was considered and refused in terms of the individual merits of each case. The current application differs significantly from the previous applications. The previous refusals on the site have little bearing on the Council’s assessment of this application. 5. The concern regarding the proposed drainage arrangements is noted and having consulted Scottish Water and SEPA they have no objections to the development. 6. As indicated in paragraph 6.2 above the Travelling People liason officer has commented that North Lanarkshire Council currently has no premises for travelling people. 7. The concern regarding the proposed development giving rise to more incidents of crime and disorder in the area is noted, however this is not a material planning consideration and is a matter for the police.

Consultations:

8.8 With regard to the consultation responses from SEPA and Protective Services all issues can be addressed by the imposition of appropriate conditions.

Scottish Government Policv / Advice

8.9 The ‘Scottish Planning Policy’ document published by the Scottish Government on 4 February this year stresses the importance of ‘mixed communities’ encouraging the provision of a range of housing types, catering for all sections of the community at a local level. It states that development plans should address the specific housing needs of particular sections of the community such as gypsies and travellers. It recognises that such communities have specific housing needs, often requiring sites for caravans and mobile homes, it further advises that Local Authorities will consider the needs of all gypsies and travellers for appropriate accommodation within the housing need and demand assessment and take these into account in preparing their local housing strategies. It states that planning authorities should make provision for such communities that are in their area already. In addition, planning authorities should identify suitable locations for sites for gypsies and travellers and set out policies for dealing with planning applications for small, privately-owned sites.

8.1 0 Other existing policy framework for assessing and meeting the accommodation needs of gypsies and travellers includes; “Secretary of State’s Advisory Committee on Scotland’s Travelling People, Guidance Notes on Site Provision for Travelling People” (Scottish Executive, 1997) This document states that ‘applications for planning permission from Travellers in respect of private sites, should be sympathetically considered’. This document also notes there is no perfect location for gypsy/traveller sites and that compromises will be necessary. It then sets out criteria which should be addressed when applications for sites are being considered. The criteria includes: the relationship of the site to surrounding land uses; scope to provide essential services; site layout, access and orientation; site perimeter boundaries; landscape design; and site services and facilities. The role of small privately owned sites in meeting the need for pitches has been recognised and encouraged.

8.1 1 In addition recommendations of the “Advisory Committee on Scotland’s Travelling People, Nine Term Report 1989-1999 (Scottish Executive, 2000) report were adopted by the Scottish Executive in November 2000 as the policy and guidance basis upon which provision should be made to accommodate travellers’ needs in any given local authority area. These place a duty on local authorities to identify, assess and resolve the needs of travellers and to adopt explicit arrangements to provide for permanent and transit pitches to limit ‘moving on’ to situations which only create ‘unacceptable problems’

8.12 The Scottish Parliament Equal Opportunities Committee 1st Report 2001, Inquiry into Gypsy Travellers and Public Sector Policies stresses the right to and security of a home, which should be defined as including sites which are homes to gypsy travellers. The report notes the difficulties of this community in gaining planning permission for private sites and again states that local planning authorities should be required to identify the needs of gypsy traveller site provision in statutory plans.

8.13 Case law on this form of development in terms of planning appeal and court decisions is also relevant. It would appear that in general appeals were upheld and planning permission allowed, which reflects the Governments stance on the gypsy/traveller community. In one particular decision, Scottish Ministers accepted a reporters finding from a case in 2005 that the Government Guidance described in 8.7 to 8.10 should carry the same status and weight as SPP’s. In terms of the Human Rights issue, I also draw the Committee’s attention to previous case law, where a group of Gypsyflraveller families won a ruling that an Inspector dealing with their appeal was right to conclude that the harm which would be done to the gypsies’ family life (by expelling them from their own land) outweighed the environmental harm the site would produce in respect of established or emerging development plan policy (First Secretary of State and others v Chichester Borough Council [2004]).

8.14 In view of this background, it is clear that small privately-owned sites such as this are a legitimate way of meeting demand for accommodation by the travelling community. The applicant has indicated that they have sought a suitable site for several years without success, a problem re-inforced by existing sites in North Lanarkshire being unavailable or operating at capacity and a lack of alternatives that may become available in the near future. The Scottish Government policy and advice outlined above highlights the Council’s responsibility to provide adequate permanent accommodation for travelling people and set out policies for dealing with applications for small privately owned sites. In assessing proposals for private sites it is accepted that there is no perfect location for gypsy/traveller sites and that compromises will be necessary in the assessment of such applications. The Government guidance also outlines criteria which should be addressed when assessing applications for private sites and the proposals are considered to generally comply with these criteria. It is the Council’s responsibility to identify, assess and resolve the needs of travellers and in terms of the current application it is considered that in this instance the approval of this application will go a small way to resolving a current shortfall in Council provision. In addition, the objectives of rural policy would not be compromised by the proposal. As a result, I am satisfied that an exception to policy can be justified in this case.

9. Conclusions

9.1 To conclude, the policies of the adopted local plan do not give any direct comfort for this use at this location and the development is contrary to Policy ENV 8. However, Government Guidance, planning appeal decisions and case law all demonstrate that this type of use should be supported where the special needs of a particular community can be established; in such cases the planning policy implications can be, and indeed have been, overcome. The site is discreet from the village of Shotts but is close enough that the residents are able to integrate with the community and benefit from the services within the village. There would not be any adverse impact on road safety. The site is self-contained and relatively screened from the wider countryside. Government Guidance is that applications for planning permission from Travellers in respect of private sites should be sympathetically considered. The proposed development is therefore considered an acceptable departure from local plan policy and is recommended for approval subject to the conditions above. Application No: Proposed Development:

10/00667/FUL Importation of Inert Materials to lnfill Pond Site Address:

7 Orchardton Road Westfield Cumbernauld

Date Registered:

15th July 201 0

Applicant: Agent: A G Barr Plc N/A 2nd Floor Mansell House Aspinall Close Middlebrook Bolton BL6 6QQ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North No letters of representation received. Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan OBrien,

Recommendation: Grant

Reasoned Justification: The proposal will unfortunately result in the loss of an attractive ornamental pond however the infill of the pond is compatible with the surrounding industrial area.

Proposed Conditions:-

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006,

2. That all deposition of materials shall cease within 1 year from the date of commencement of the development.

Reason: To allow sufficient time for the works and restoration to be carried out and to give the Planning Authority the opportunity to review their position.

3. That before the development hereby permitted starts, full details of the existing and proposed contour levels on the site including cross sections shall be submitted to, and be approved in writing by the Planning Authority.

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

4. That the site shall be restored to final contour levels as specified in the approved cross sections approved under the terms of Condition 3 above (or such other levels as may be approved in writing by the Planning Authority), no later than 6 months after the cessation of the deposition of materials.

Reason: To ensure the timeous restoration of the site.

5. That the materials to be deposited on the application site shall be inert earth and shall not contain any waste organic material.

Reason: In order to define the permission.

6. That before the development hereby permitted starts additional full details of the core path public access across the site (existing, during construction and upon completion) shall be provided for the approval of the Council. This shall show:

a) all existing paths, tracks, and any areas currently outwith or excluded from statutory access rights; b) any areas proposed for exclusion from statutory access rights, for reasons of privacy, disturbance or curtilage, in relation to proposed buildings or structures; c) construction details of all proposed paths and tracks for use by walkers, horse riders, cyclists, all-abilities users, etc. d) any diversions of paths - temporary or permanent - proposed for the purposes of the development.

Once approved, the path public access agreed as part of this condition shall be implemented in accordance with the construction details and adhered to through the course of the development, unless otherwise agreed in writing with the Planning Authority.

Reason: To accord with the provisions of the of the Land Reform (Scotland) Act 2003 facilities.

7. That before any works of any description start on the site, a suitable wheel wash facility or such other scheme shall be positioned at a location to be agreed with the Planning Authority. The wheel wash shall be used by every vehicle before it accesses the public road and it shall remain in operation during working hours and until the development and restoration is compete or such other scheme as may be agreed by the Planning Authority.

Reason: To ensure that dirt and other debris is not carried onto the public road.

8. That BEFORE the development hereby permitted starts, a schedule of works and methodology scheme shall be submitted to, and approved in writing by the Planning Authority,

Reason: To ensure the timeous restoration of the site, to monitor the development and to enable the Planning Authority to retain effective control.

9. That measures shall be taken to ensure that drainage from areas adjoining the site is not impaired or rendered less efficient by the operations hereby permitted, and adequate precautions shall be taken to prevent the pollution of ditches, watercourses and drains within and adjacent to the site to the satisfaction of SEPA and the Planning Authority: in this respect an alternative surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

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

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

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

Reason: To ensure that the landscape setting is enhanced as a result of the development and to provide a soft and natural edge to the development.

11. That all works included in the scheme of restoration landscaping and planting, approved under the terms of condition 10 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that the landscape setting is enhanced as a result of the development and to provide a soft and natural edge to the development.

12. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control. 13. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

14. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

Backaround Papers: Extended phase 1 ecology study Auqfst 2010. Applicants supporting letter dated 12 August 2010.

Consultation Responses:

Scottish Environment Protection Agency e-memo received 2ndAugust 2010. Traffic and Transportation memo received I 3'h August 2010. Protective Services memo received 18'h +:gust 2010. Green space services memo received 25 August 201 0.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616475

Report Date:

30thAugust 2010 APPLICATION NO. 10/00667/FUL

REPORT

1. Site Description

1.I This application seeks planning permission for the infill of an ornamental pond with inert material. The site is located at 7 Orcharton Road Westfield, Cumbernauld in a high amenity industrial area. The pond forms part of a landscaped area to the front of a large single storey industrial building currently occupied by a soft drinks manufacturer. Surrounding industrial buildings are of a similar scale and design.

1.2 The site, which consists of mainly of grassland, slopes gently towards the pond. The wider site is divided by a central access road leading to two industrial buildings and is generally level.

2. Proposed Development

2.1 This application seeks planning permission for the infill of an ornamental pond at an industrial site at 7 Orcharton Road ,Westfield, Cumbernauld.

3. Applicant's Suwortina Information

3.1 The applffant has submitted an extended phase 1 ecology study and supporting letter dated 12 August 2010.

4. Site History

96/04205/PL Extension to factory. Granted lothJuly 1996 0 08/00752/FUL Change of Use from Class 5 (General Industrial) to Class 6 (Storage or Distribution) granted 28thJuly 2008.

5. Development Plan

5.1 The proposed development raises no strategic issues and the application should be considered in relation to the Cumbernauld Local Plan. Policies IBI Industrial Areas, 182 Strategic Industrial Locations and 184 Building Design and Landscaping are relevant.

6. Consultations

6.1 The following consultation responses have been received:

SEPA objected to the proposal pending clarification on the status of the pond.

Traffic and Transportation has no objection to the proposal.

Pollution Control has no objection to the proposal and has provided comments on certification of the infill material.

Green space services objected to the proposal pending the submission of an ecology report. Following consideration of the ecological report submitted by the applicant they advise that although no legally protected species have been found the pond is important locally for biodiversity.

7.

7.1 No letters of representation have been received. 8. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is not of strategic importance the relevant policies are contained in the Cumbernauld Local Plan 1993.

8.2 DeveloRment Plan: Adopted Cumbernauld Local Plan Local Plan 1993: The site is designated IB 1, 2 and 4 which direct industrial development to designated sites and require high landscaping quality. It is considered that the proposal is compatible with relevant local policy.

8.3 Other Material Considerations: Finalised Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration and the zoning of the site remains unchanged under policy EDI 1A1, where ancillary development is supported at this industrial business location. It is considered therefore that the application complies with the emerging Local Plan. The North Lanarkshire Local Plan goes on to assess developments under policies DSP3 and 4 (Impact and Quality of Development) and for the reasons detailed in this report these assessment criterion are satisfied.

8.4 Schedule of works /methodology: The applicant has estimated that the infill will involve the movement of some 5700 cubic metres of material from external sources to the site and estimated that this will take 1 year to complete. In the absence of supporting detailed information a planning condition requesting a schedule of works/methodology is recommended.

8.5 Loss of ornamental pond: It is recognised that the development will result in the unfortunate loss of an attractive ornamental pond. A planning condition requires that there be an alternative landscaping scheme is submitted and on balance, the loss of an ornamental pond is considered acceptable.

8.6 Ecological value of the site: An ecology report confirms that that there will be no impact on protected species and the pond is of only limited ecological value. Greenspace Services advise although no legally protected species have been found the pond is important locally for biodiversity. The pond, however, has no specific designation as being important for nature conservation.

8.7 SEPA objected to the proposed development for reasons of lack of information regarding their interests. The applicant has confirmed that the pond is not feed by a watercourse and is a man made feature that receives surface water run off from the roof and hardstanding areas of the adjacent factory building. As such alternative SUDS arrangements are required and a condition has been imposed to cover this. To implement the permission the applicant will also require to satisfy SEPA that the proposed operations are acceptable and obtain the appropriate licences from them.

8.8 Consultations: In respect to consultation responses not already addressed it is noted that a Core path, traverses the site and section 13 of the Land Reform (Scotland) Act places a duty on North Lanarkshire Council: “to assert, protect and keep open and free from obstruction or encroachment any route, waterway or other means by which access rights may reasonably be exercised”. It is recommended that further details of the impact of the proposal on core path is identified and thereafter with a view to protecting it or requiring a formal diversion.

9. Conclusions

While the loss of the ornamental pond is unfortunate it is on balance considered acceptable given the provision of an alternative landscape scheme. It is recommended that the application be approved subject to the attached conditions. Application No: Proposed Development:

10/00686/FUL Extension to Dwellinghouse Site Address:

8 Rosebank Place Dullatur Cumbernauld G68 OFH

Date Registered:

23rd June 2010

Applicant: Agent: Mr & Mrs Doak BDA Design 8 Rosebank Place 38 Wellpark Crescent Dullatur Stirling Cumbernauld FK7 9HF G68 OFH Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North 3 letters of representation received. Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan O'Brien,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The design, scale, materials and positioning of the proposed extension are considered to be acceptable and will not detract from the residential amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable. The proposal complies with the adopted Cumbernauld Local Plan, 1993. N110100686CFUL Mr & Mrs Doak 8 Rosebank Place Dullatur Cumbemauld A Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- A-0631-01 and A-0631-02.

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

3. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining dwelling.

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

4. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

5. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006. Backaround Papers:

Representation Letters

Letter from Mr Roderick MacDougall, 29 Antonine Road, Dullatur received 20thJuly 2010 Letter from Mr Kenneth Smith, 10 Rosebank Place, Dullatur received 21" July 2010 Letter from Mr Gordon Norman, 11 Rosebank Place, Dullatur received 6thAugust 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 616394.

Report Date:

27th August 2010 APPLICATION NO. 10/00686/FUL

REPORT

1. Site Description

1.1 The application is for the construction of an extension on the west facing side of the application property at 8 Rosebank Place, Dullatur, Cumbernauld.

1.2 The two-storey detached property is situated in an established area of housing and is surrounded by neighbouring residential properties.

2. Proposed Development

2.1 The proposal involves the creation of an additional storey above the existing integral garage at the west of the property. The proposal will not increase the footprint of the application property, however the section of the house where the garage is situated will increase in height from approximately 4.9 metres to 7.8 metres. The ridge line of the proposed extension will be level with that of the existing dwellinghouse.

2.2 The purpose of the proposed extension is to provide two new bedrooms and an en- suite bathroom above the existing garage. An existing bedroom on the first floor will be converted into an en-suite bathroom for one of the new bedrooms therefore the proposal will result in one additional bedroom at the property.

2.3 The existing house has white roughcast rendered walls and grey concrete roof tiles. The external materials of the proposed conservatory will comprise a roughcast render and roof tiles to match the existing dwellinghouse.

2.4 New windows will be created on the front, rear and side elevations of the extension including a slightly raised front window at the south facing elevation.

3. Applicant’s Supportinq Information

3.1 Supporting information has been submitted by the applicant to demonstrate that the proposal is acceptable in planning terms in that a precedent for such developments has already been set at 5 Rosebank Place with planning permission being granted (03/01097/FUL) for a similar proposal.

3.2 The applicant offers a counter argument to the point of objection detailed in the letters of representation received in relation to the application. The applicant asserts that the proposed extension will not result in the loss of privacy or the loss of SunlighVdaylight received by neighbouring properties.

3.3 The applicant also asserts that there are other examples in the local area of two- storey gables being situated adjacent to both single storey and two-storey neighbouring gables and therefore the proposed extension will not be unacceptably close to neighbouring properties or over dominant.

3.4 Furthermore, the applicant argues that the proposal will not result in the creation of additional noise and points out that the application site is not situated in a conservation area. It is argued that a loss of a view is not a material planning consideration and in any case the proposal will not have a significant impact on the views that neighbouring properties enjoy. Finally the applicant contends that the proposal is in keeping with the scale and character of the surrounding area. 4. Site Historv

4.1 There is no relevant planning history for the application site.

5. Development Plan

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

5.2 In the adopted Cumbernauld Local Plan, 1993, the site lies within an area covered by Policy HG5 (New Residential Development). Under Policy HG4 (Residential Amenity) developments should not have an adverse impact on residential amenity.

5.3 The zoning of the site and the policy position is not altered by the Finalised Draft North Lanarkshire Local Plan. The site is covered by Policy HCFIA (Residential Amenity) in the Draft Plan which asserts that inappropriate developments in residential areas shall be resisted.

6. Representations

6.1 Three letters of objection have been received in relation to the proposal. The points of objection relate to concerns with overlooking and privacy, the extension being potentially overbearing and overly close to neighbouring properties, loss of a view and a reduction in the sunlighVdaylight received by neighbouring properties. Concerns are also raised with the design of the proposal. It is stated that it will be out of character with its surroundings, will have a negative impact on the residential amenity of the surrounding area and will set an unwelcome precedent for future developments which would result in a terraced effect on Rosebank Place. The points of objection are covered in greater detail below.

7. Plannina Assessment

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

6.2 Develoment Plan Curnbernauld Local Plan 1993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. It is considered that the proposal is not contrary to this policy and it will have an acceptable impact on the residential amenity of the application site and the surrounding area.

6.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The zoning of the site does not change in this plan. The development is considered to comply with Policy HCF 1A (Residential Amenity) in the Draft Plan in that it will have an acceptable impact on the residential amenity of the surrounding area.

6.4 Desiun - The design of the extension is conventional and is considered to integrate satisfactorily with the existing dwellinghouse and its surroundings. The mass and positioning of the extension are considered to be acceptable as are the proposed materials which will be similar in appearance to the existing dwellinghouse and surrounding properties. It is noted that an application of a similar design at 5 Rosebank Place (03/01097/FUL) has previously been approved by the Council.

6.5 Access and Parking- Despite the creation of an additional bedroom within the proposed extension it is considered that parking provision is acceptable. There is a double garage and a driveway with at least two parking spaces at the property. The proposal will have no impact on access, turning or road visibility.

6.6 Representations - Three letters of objection have been received in relation to the proposal. The points of objection can be summarised as follows:

0 The proposal will result in the overlooking of neighbouring properties and subsequent loss of privacy.

Comment: It is noted that windows will be created on the front, rear and side elevations of the proposed extension. The window to be created on the side elevation will not directly face towards any windows at the neighbouring property (no.10). The windows that are being created at the front and rear elevations of the property are considered to be an adequate distance away from neighbouring properties and it is noted that the new windows will have no greater impact than that of existing upper floor windows on the application property.

0 The proposed extension will be out of character with its surroundings and will have a negative impact on the residential amenity of the area.

Comment: It is considered that the design of the proposal is acceptable and will integrate satisfactorily with the existing dwellinghouse. The mass of the proposed extension and the materials to be used are also considered to be acceptable. It is noted that similar developments have occurred elsewhere on Rosebank Place which are considered to have an acceptable visual impact.

0 The proposal will potentially have an overbearing impact and will be situated too close to neighbouring properties.

Comment: The footprint of the house is not being increased by the proposal and therefore the house is not being pulled closer to neighbouring properties. It is noted that the height of the gable wall adjacent to no.10 will be increased as a result of the proposal, however this increase in size is considered to be modest and will not result in an unacceptably overbearing impact on neighbouring properties.

0 The proposal will result in the reduction of sunlight and daylight received by neighbouring properties.

Comment: Following the relevant tests it is considered that the proposal will only impact upon the sunlight and daylight received by no.10 to the west but this will be to an acceptable degree. All other neighbouring properties are an adequate distance away from the proposal to not be affected. It is recognised that the extension may partly overshadow the neighbouring garage at no.10 at certain times of day. No windows of habitable rooms and only a minimal amount of garden space will, however, be affected. .

The proposal will have a negative impact on the views enjoyed from a neighbouring property.

Comment: It is considered that the proposal is of a modest size and will have only a minimal impact on the views enjoyed from neighbouring properties. It should be noted that affects on private views is not normally a material planning consideration.

The proposal will set an undesirable precedent. If similar developments were to be constructed at neighbouring properties it could create a terraced effect which will have a detrimental impact on the local streetscape.

Comment: It is considered that the precedent for such developments has already been set elsewhere (for example at 5 Rosebank Place which is discussed above). Having assessed this other example it is considered to have an acceptable visual impact which does not have a detrimental affect on the streetscape and on local residential amenity. Adequate distances exist between properties for a terraced effect to not be created. In any case, future developments which might occur at neighbouring properties are controlled through the planning process.

7. Conclusions

7.1 It is considered that the proposal is of a satisfactory design and will not have an adverse impact on the residential amenity of the site or the general area. It is noted that the proposed extension will increase the frontage of the existing dwellinghouse however it is considered that there will only be a modest visual impact. The proposal will integrate satisfactorily with the property and the proposed materials are considered to be acceptable. In this respect the proposal is not contrary to Local Plan policy

7.2 The potential impact of the proposal on neighbouring properties is considered to be acceptable. Despite three letters of objection having been received it is considered that the points of objection do not warrant a recommendation for refusal.

7.3 It is recommended that planning permission be granted for the construction of an extension at 8 Rosebank Place, Dullatur. Application No: Proposed Development:

10/00702/FUL Erection of One 80 kw Twin Bladed Wind Turbine with a Mast Height of 30m, a Blade Diameter of 18m, Tip Height of 39m Site Address:

East Tarbrax Farm Cottage Burnbrae Road Stane Shotts North Lanarkshire ML7 5DN

Date Registered:

28th June 201 0

Applicant: Agent: Mr Andrew Moffat Segen Ltd C/o Agent Louise Roberts City Lab Dalton Square Lancaster LA1 1PP

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 012 - Fortissat No letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson.

Recommendation: Approve Subject to Conditions

Reasoned Justification: Produced by PLANNING APPLICATION Io(OO7021FUL Noh Lanarkshire Counal Planning and burmnment bpartmnt Erection ofOne 80 kwTwin Bladed Wind Turbine with a Mast Height of 30m, a Blade Diameter of 1 Sm, Tip Height of39m

East Tarbrpc Farm Cottage, Burnbrae Road, A tel01898 274274 Stane, Shotts. Cx 01698 403053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with following drawings: Location Plan, Site Plan, BA 13029, F2804b and F2589.

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

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

4. That noise from the turbine is to be limited to an LA^^, jomin of 35dB (A) up to wind speeds of 10m/s at 10m height.

Reason: To minimise disturbance to residents in the vicinity of the windfarm.

5. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

6. That within 6 months of turbine hereby approved falling into disuse, the turbine and all apparatus associated with the development shall be removed and the land shall be restored to its former condition to the satisfaction of the Planning Authority.

Reason: In the interest of visual amenity at the locus. Backaround Papers:

Consultation Responses:

Memo from Transportation received 22"d July 2010. Memo from Conservation and Greening received 3rdAugust 2010 Memo from Protective Services Letter from Scottish Environment Protection Agency 1st July 2010 Letter from Scottish Natural Heritage 20thJuly and 1gth August 201 0. Letter from Civil Aviation Authority 26thJuly 2010. Letter from National Air Traffic Services received 28thJuly 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

31St August 2010 APPLICATION NO. 10/00702/FUL

REPORT

1. Site Description

1.1 The application site is East Tarbrax farm, 1km to the south of Shotts. East Tarbrax Farm is set to the south of the B717 and the turbine is to located within an agricultural field to the west of the main built form of the farm. The application site is bound by agricultural land in all directions. The site sits higher that the land to the south and west of the application site.

2. Proposed Development

2.1 This application seeks permission for the erection of a two bladed 80kw turbine with a hub height of 30 metres, a blade length of 9 metres and a rotor diameter of 18 metres, giving a ground to tip height of 39 metres. The turbine will be supported by concrete foundations 6.2 metres by 6.2 metres at a depth of 2 metres. The existing farm access is to be utilised to access the site.

3. Applicant’s Suwortina Information

3.1 In support of the application, the applicant has submitted an Environmental Appraisal, a Non Technical Summary and an Acoustic Noise Measurement and Calculations Report.

4. Site Historv

4.1 No relevant site history.

5. Development Plan

5.1 The site is identified as Policy ENV8 (Rural Investment Area) in the Southern Area Local Plan 2008.

6. Consultations

6.1 Transportation, SEPA, the National Air Traffic Control Service and the Civil Aviation Authority, have raised no objections to the application.

6.2 Conservation and greening, have requested that a bat emergence survey be carried out, given the proximity of the turbine to the farm building and the hedgerow to the east of the site. SNH initially advised that they do not require to be consulted on turbines less than 50 metres to the tip, however, following further discussions, they have advised that the distance from the Turbine to the farm buildings is sufficient enough so as not to require a Bat emergence survey. Protective services have advised that in light of the location of the turbine a noise condition will be acceptable to offer sufficient protection of amenity.

7. Representations

7.1 No letters of representation have been received following the neighbour notification and press advertisement procedures.

8. Plannina Assessment

8.1 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. 8.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies, which are in the Southern Area Local Plan 2008. The site is zoned as ENV8 (Rural Investment Areas), Policies ENV2 (Renewable Energy), ENV5 (Assessment of Environmental Impact) and TR13 (Assessing the Transport Implications of Development) are also relevant.

8.3 Policy ENV8 presumes against any development that will affect the character and function of the Rural Investment Area, other than that directly associated with renewable energy and appropriate rural uses. The proposed development relates to the generation of power for East Tarbrax Farm and therefore is found to comply with the aims of Policy ENV8.

8.4 Policy ENV2 encourages the use and development of renewable energy schemes, where appropriate, to utilise wind energy subject to assessment in terms of their wider environmental effects and need to accord with policy ENV5. It is considered that a turbine to assist in the generation of power for a farm accords with policy ENV2.

8.5 Policy ENV5 (Assessment of Environmental Impact) sets criteria for assessing the environmental impact of proposed development. These include; suitability of the proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution and flooding risk; the loss of natural habitats and protected species; and the need for specific measures to ensure satisfactory decommissioning, particularly of renewable energy developments. Having assessed the proposals and the submitted Environmental Appraisal and in view of the consultation responses detailed above, it is considered that the proposed development is suitable to the character of the area given that it relates to the established farm and agricultural buildings of East Tarbrax Farm. The assessment of visual effects in the Environmental Statement does note that there would be an impact on views from some vantage points. However, It is considered that the proposals will have a minimal impact on the landscape of the site and surrounding area and that the impact is such that it is not sufficient to warrant refusal of the single 39 metre high turbine. Having consulted Protective Services it is noted that the Environmental Appraisal has satisfactorily addressed the noise and dust issues affecting the site and that a condition is to be utilised to cover noise in relation to the farm. In terms of flood risk and pollution it has been noted that there will be no impact as the foundations are minimal in terms of impact. The turbine is located out with the 50m buffer zone from the agricultural buildings as recommended by SNH in the interests of bats and their flight paths. The proposals include sufficient details to ensure satisfactory decommissioning and it is recommended that a condition, be applied to secure satisfactory decommissioning and restoration of the site. Therefore the proposed turbine is found to comply with policy ENV5.

8.6 Policy TR13 relating to roads access and parking, states that the Council will take account of criteria relating to the impact of the development upon the road network and road safety and the provision made for access, parking and vehicle manoeuvring. Access to the site for the construction of the turbine is to be taken from the existing farm access. A temporary removable matting will be laid on the field which will allow for the construction of the turbine whilst having a minimal impact to the field. No objections have been received from Transportation and it is therefore considered that the proposals are acceptable in terms of the transportation requirements of policy TRI 3.

Finalised Draft North Lanarkshire Local Plan

8.6 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan. Consultations

8.7 With regards to the remaining consultation responses, Protective Services have confirmed that the findings of the noise report are acceptable. In response to the request made by Conservation and Greening that a Bat Emergence Survey be submitted, SNH have commented that given the relatively small size of the turbine, its location and due to the farm building being sited greater than 50 metres from the turbine, then a bat survey does not require to be submitted.

9. Conclusions

9.1 In conclusion, the proposed application is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The proposed development can be accommodated without detriment to the surrounding area and taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:

10/00716/FU L Alteration to Upper Floor Properties to Form 4 Flats Including One New Build Site Address:

14 - 28 Kirk Road Wishaw

Date Registered:

21 st July 201 0

Applicant : Agent: ARB Properties Alistair MacFarlane 14 - 28 Kirk Road 84 Buchanan Drive Wishaw Cambuslang ML2 7BL G32 8BA

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw No letters of representation received. Clare Adamson, Samuel Love, Frank McKay, John Pentland,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to be primarily in accordance with the development plan and satisfactorily meets the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. The development will not adversely impact on the existing road network or the amenity and privacy of the adjacent buildings. The proposal can be accommodated without detriment to the surrounding area. Produced by PLANNING APPLICATION 10100?161FUL Nprth Lanarkshire Council Planning and kvimnmerd kpartrrrerd. Alteration to Upper Floor Properties to Form 4 Flats Including One New Build

14 - 28 Kirk Road, Wishaw. tel01898 274274v fax 01898 463053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

2. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings numbers; 1, 2, 3 and 4

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

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

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

4. That before the development hereby permitted starts, unless otherwise agreed in writing by the planning authority, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

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

5. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

6. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control. Backaround Papers:

Consultation Responses:

Memo from Transportation received 1st September 201 0.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01 698 2741 19

Report Date:

1" September 2010 APPLICATION NO. 10/00716/FUL

REPORT

1. Site Description

1.I The application site is the upper floor and rear courtyard of 14-28 Kirk Road, Wishaw. The building is two stories in height and forms part of the terraced properties on Kirk Road with retail units on the ground floor and storage on the upper floor. The application site is bound by commercial properties on all sides on the ground floor and by a combination of residential use and office uses on the upper floors of the properties.

2. ProDosed Development

2.1 Planning permission is sought to carry out internal alterations on the upper floor to form three flatted dwellings and for the erection of a rear extension to form an additional flatted dwelling. No external alterations are proposed to the principle elevation. A two storey extension with a ground floor pend is proposed to the rear of the building, linking with the existing stair well. No vehicular access is available to the site and the application does not propose to include a vehicular access or off street parking.

3. Awlicant’s Supportina Information

3.1 No additional information has been submitted in support of the application.

4. Site Historv

4.1 No relevant site history.

5. Development Plan

5.1 The site is covered by Policy RTL5 (Wishaw Town Centre) in the Southern Area Local Plan 2008.

6. Consultations

6.1 Transportation have raised concerns over the pend serving the rear of the property and its proximity to the crossroads and the inability to provide the requires 6 in curtilage parking spaces to serve the site.

7. Representations

7.1 No letters of representation have been received following the neighbour notification and press advertisement procedures.

8. Plannina Assessment

8.1 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.

8.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies. The site is within an area covered by Policy RTL5 (Wishaw Town Centre), policies HSGIO (Assessing Applications for Housing Development) and TR13 (Assessing the Transportation Implications of Development) are also relevant.

8.3 Policy RTL5 seeks to protect and enhance the retail and commercial function of the Town Centre. The policy supports a range of uses for such areas, so long as proposals do not adversely affect the character and amenity of the relevant Town Centre area and complement its role and function. In frontages where upper floors are suitable for residential occupation, the Council will look favourably on their change of use to residential usage. The proposed development accords with the provisions of policy RTL 5 as it will renovate the upper floors of an existing building within the town centre for residential use, while retaining the commercial use on the ground floor. The proposed rear extension is considered appropriate in the proposed location and the development is considered to improve the overall visual amenity of the building. The proposal accords with the Councils strategy to maintain and enhance existing town centres by redeveloping an unused building in a sustainable manner and complies with policy RTL5.

8.4 Policy HSG 10 sets out the criteria against which new housing proposals will be assessed including: impact of the development on the existing built and natural environment; density; layout and mix of housing; detailed design elements; reducing crime; provisions made for landscaping and open space; and provision made for roads, access, parking and garage space. It is considered that the impact of the development would not adversely affect the character and amenity of the area. The design of the proposed refurbishment is considered acceptable and would greatly improve the appearance of the existing building, while complementing the existing surrounding properties in terms of style and finish. The extension to the rear of the building is considered to be appropriate in terms of scale, massing and visual amenity/privacy. The proposed change of use would result in no loss of privacy to surrounding properties and would aid in the reduction of crime given that the flats would be occupied outwith normal town centre trading hours. It is considered that the town centre location, coupled with the proposals being for the renovation of an existing vacant building, make the lack of any private amenity space less significant in this instance and not enough to warrant refusal in this instance. The transportation issues are considered below.

8.5 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the road network and adjoining land uses; and provisions made for access, parking and vehicle manoeuvring. Transportation has raised concerns that the site provides no off street parking facilities. However it is considered that the town centre location of the site, the availability of public transport facilities, proximity of numerous shops and services, and the availability of numerous parking facilities within the area, plus the existing use within the town centre of upper floors for residential purposes combine to make the lack of parking provision insufficient enough to warrant refusal of this application, given its conforming with Policy RTL5. In addition, the building could be re-used for retail purposes with ancillary storage/off ice use without planning permission being required and this would generate at least as much, if not more traffic than the flats. It is also considered probable that many of the flats would attract buyers with little or no car ownership, due to its central location. The proposal is overall considered to be in accordance with Policy TR13.

Finalised Draft North Lanarkshire Local Plan

8.6 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

9. Conclusions

9.1 It is considered that the development is acceptable in terms of the local plan. The proposal would result in the physical improvement and re-use of currently vacant premises within Wishaw Town Centre and thereby assist its regeneration. Taking account of these matters it is recommended that planning permission be granted. Application No: Proposed Development:

10/00739/FUL a) Construction of Treatment Rooms with Associated Guest Accommodation, b) Construction of Lodge and c) Retention of Existing Access (Non Compliance of Condition 10 of Permission 09/00327/AMD) (All In Retrospect)

Site Address:

Raiziehill Farm Holdings Ltd Raiziehill Farm Airdrie Road Caldercruix EH48 3AG

Date Registered:

16th July 2010

Applicant: Agent: Mr Michael Danyluk Lachlan Lumsden Raiziehill Farm Holdings Ltd 24 West Nicolson Street Raiziehill Farm Edinburgh Airdrie Road EH8 9DA Caldercruix EH48 3AG

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 007 Airdrie North One letter of representation received Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan,

Recommendation: Refuse

Reasoned Justification: The development is contrary to the terms of the adopted Monklands District Local Plan 1991 in that it is inappropriate development in the countryside. The development will also adversely affect the rural amenity of the area. Furthermore, the development is detrimental to road safety. NI1 OIOO739CF UL Mr Michael Danyluk Rairiehill Farm Airdrie Road Caldercruix Construction of Treatment Rooms with L-J*rc.- LlllT CW.ICII.I- Gz-L-4 Lzt&.Krx.- kx*zb-w Associated Guest Accommodation and Construction --.LCkr-l*r.", .*&._.I ktc*:zt.=* = :;%%.:U of Lodge fln Retrospect) +- Recommendation: Refuse for the Following Reasons:-

1. The new build developments are contrary to Policy GB2 (Restrict Development in Countryside Around Towns) of the Monklands District Local Plan 1991 in that they are inappropriate development in the designated countryside with infrastructure implications and no overriding locational need and no overriding economic or agricultural benefit to outweigh the adverse environmental impact.

2. The new build developments are contrary to Policy NBE 38 Rural Investment Area of the Finalised Draft North Lanarkshire Local Plan and associated Supplementary Planning Guidance “Development in the Rural Investment Area” as the location of the buildings do not provide any enhancement of natural heritage and do not form part of a cluster of existing agricultural buildings.

3. In the interest of amenity in that the development will adversely affect the rural character of the area.

4. In the interests of traffic safety as the close location of 2 vehicular accesses at the site will lead to unexpected and additional braking and turning manoeuvres on a derestricted stretch of road.

5. That should planning permission be granted a precedent will be set for similar developments in unacceptable locations in the countryside. Backaround Papers:

Representation Letters

Letter from Councillor Thomas Morgan dated 27'h august 201 0.

Consultation Responses:

E-mail from Finance & Customer Services received 3rdSeptember 2010 Memo from NLC Traffic and Transportation received 24'h August 201 0 Letter from Network Rail received 5'h August 2010 Memo from NLC Environmental Health (including Pollution Control) received 1Oth August 2010

Contact Information:

Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 616463

Report Date:

6'h September 201 0 APPLICATION NO. 10/00739/FUL

REPORT

1. Site Description

1.1 The application site at Raiziehill Farm, by Caldercruix lies in the countryside with the surrounding area mainly characterised by open fields. The site sits directly south of the soon to be reopened Airdrie to Bathgate railway line and is reasonably well screened from Airdrie Road. To the immediate west of the site is a popcorn production building, with its own access, which is owned and operated by the applicant and west of that lies Raiziehill Wood. The Popcorn production building was erected without planning approval and was subsequently granted planning permission (see Section 4 Site History). The nearest settlement is Caldercruix approximately 2 miles to the west.

2. Proposed Development

2.1 This retrospective application is for the construction of a long wooden single storey building to the north of the existing dwellinghouse, set into the railway embankment, consisting of 4 double bedrooms with en-suite facilities, 3 therapy rooms, a communal kitchen & dining area, a gym, admin office and store. A separate 2 double bedroom timber lodge and associated gym outbuilding is positioned south of the applicant’s house. Finally, the development involves the retention of the existing vehicular access to the house and the buildings covered by this application, which is contrary to permission 09/00327/AMD for a recently constructed popcorn production building. Condition 10 of the aforementioned consent required the removal of the existing residential access in order that the house and popcorn facility be served by only 1 ve hicuI a r access.

3. Applicant’s Sumottina Information

3.1 The applicant has provided the following supporting information:

3.2 Supporting Statement: This argues that the unauthorised buildings are supported by the Monklands District Local Plan and other material considerations in that there are justifications in terms of specific locational need, economic benefit, infrastructure implications, environmental impact, rural diversification and design, layout and materials. The Statement also highlights the applicant’s desire to use the original house access which is contrary to consent 09/00327/AMD. Finally, the Statement addresses the formal objection received from Network Rail which states the north building has been constructed on their land.

3.3 Business Plan: This outlines the intention to operate a retreat from the site offering holistic therapies to the public and holding related workshops, with the ability for workshop participants and the speakers to stay in the associated accommodation. It is stated that the business will employ 10 part-time and 3 full time employees.

4. Site Historv

4.1 It requires to be noted that this is not the first occasion that unauthorised development has occurred at this site, see below.

0 01/00730/OUT Conversion of Barn to Food Production Unit, Conversion of Dwellinghouse to GifVCoffee Shop, Erection of Dwellinghouse and Installation of Wind Turbine Generator Withdrawn 20thFebruary 2007 0 02/0101O/FUL Change of Use of Barn to manufacturing Unit with Offices and Visitor Centre (part Retrospective) and Installation of Wind Turbine Generator Approved (on Appeal) 8thJune 2004 0 08/00469/PRT Replacement of Overbridge 240/044 Prior Approval Given 1Oth July 2008 0 09/00327/AMD Erection of Popcorn Production Building (Relocation of Unit Approved Under Planning Permission C/02/0101O/FUL) and formation of Access Road (Part-Retrospective)Approved 3rdJune 2009

5. DeveloDment Plan

5.1 This application is not of strategic significance and can therefore be assessed against the adopted Monklands District Local Plan 1991. The application site is located within an area covered by Policy GB2 (Restrict Development in Countryside around Towns) which is intended to protect countryside locations from inappropriate isolated development.

6. Consultations

6.1 A summary of comments from consultees is as follows:

NLC Traffic and Transportation has objected to the development on road safety grounds due to the two vehicular accesses on site being in such close proximity to each other.

NLC Environmental Health (Pollution Control) has requested a Noise Impact Assessment be carried out in terms of PAN 56.

NLC Finance 81 Customer Services has stated the figures in the business plan add up. However, the figures for overheads and income cannot be verified as they are set at 100% occupancy, whereas most business plans state lower occupancy levels (75% and 50% being common).

Network Rail has objected to the development as they believe the north building has been constructed on their land and will be detrimental to the safe and efficient operation of the railway. Furthermore they raise concerns about drainage from the development surcharging onto the railway line, the maintenance of the building, and their need for a 1.8 m high tresspass proof fence, potential noise implications and the development being contrary to the North Lanarkshire Local Plan Finalised Draft.

7. Rewesentations

7.1 Letter of support received from Councillor Thomas Morgan. Councillor Morgan also requests that the committee carries out a site visit and hearing

8. Plannina Assessment

8.1 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.

DeveloDment Plan: Monklands District Local Plan 7991: The site falls within an area covered by Policy GB2 (Restrict Development in Countryside around Towns) and as such the development requires to be justified against the criteria of economic benefit, specific locational need, infrastructure implications and environmental impact. Policy GB2 is intended to protect countryside locations from inappropriate isolated development. The applicant's assertion that there is appropriate economic benefit and specific locational need and that there are no unacceptable infrastructure implications or environmental impact is discussed below.

8.2 Economic benefit: The Supporting Statement and Business Plan asserts that there will be an economic benefit given that the business will employ 3 full time staff and 10 part time positions. Furthermore, their guests are likely to use local facilities to the benefit of the local economy. There is no indication of where the employees will be from (apart from Mrs Danyluk) and, given that the application site is in such close proximity to the neighbouring local authority there is every possibility that the guests will use services outwith North Lanarkshire. Furthermore, the site is not close to any local facilities that would benefit from increased local activity. NLC Finance 8, Customer Services have examined the applicant’s business plan and state that the figures in the business plan add up. However, the figures for overheads and income cannot be verified as they are set at 100% occupancy levels, whereas most business plans are based on lower occupancy levels (75% and 50% being common). It is not considered necessary to request further clarification on this matter as it is considered that the claimed economic benefit does not outweigh the adverse effect on the local amenity and surrounding environment.

8.3 Specific locational need: Holistic therapies require an atmosphere of “calmness and serenity” which can be gained from the site’s countryside location. It is not accepted that such a business needs to be located within the countryside (although it is accepted it is desirable), particularly when the treatment rooms are located directly adjacent to the soon to be reopened Airdrie to Bathgate railway line. It is therefore considered that there is no overriding locational need for the holistic therapy business.

8.4 lnfrastructure implications: The Supporting Statement asserts that the development is modest and will have no infrastructure implications as the A89 Airdrie Road is capable of accommodating the traffic levels generated by the development. Furthermore, there will be the opportunity once the Airdrie to Bathgate line is reopened to travel to a nearby location by train. The applicant wishes to use the existing road that serves their house for the business and also retain the newly constructed access road for the popcorn production building. This is contrary to planning conditions of the previous consent which requires the site to be served by only one vehicular access. As such Traffic and Transportation have objected to the development on road safety grounds. It is also stated that as there will be no permanent inhabitants there will be no impact on local schools etc. and the existing site facilities can accommodate this modest development. It is agreed that the on site facilities do or could accommodate the level of use. However, given the applicant’s desire for 2 vehicular accesses in such close proximity to each other it is considered that there are infrastructure implications as it will result in unexpected braking and turning manoeuvres to the detriment of road safety.

8.5 Environmental Impact: As there are no designations covering the site the applicant considers the development will not have a detrimental impact on the environment. It is considered that the rural amenity and open character of the area covered by the Countryside around Towns protection policy is adversely affected by the 2 recently constructed buildings.

8.6 It is considered that the development adversely affects the rural character of the area with no overriding need or benefit and therefore is considered to be contrary to policy GB2.

8.7 Other Material Considerations: Finalised Draft North Lanarkshire Local Plan: The site is covered by emerging local plan policy NBE 3 B Assessing Development in the Rural Investment Area which provides protection for the rural character and promotes limited forms of development.

8.8 The overall intent of Policy NBE 3 B is to focus acceptable development types towards the recognised building clusters thus minimising the impact on the landscape. This is in order to secure environmental improvements to the setting of existing buildings and to enable new development to connect with existing infrastructure and services. The Supporting Statement argues the mixed use nature of the site is an important consideration and states the new buildings not only relate to the Raiziehill Farm but are also of an acceptable design, materials and detailing. It is considered, however, that the house at Raiziehill Farm does not constitute a recognised building cluster as defined in Supplementary Planning Guidance “Development in the Rural Investment Area”. The design and location of the buildings do not enhance the rural character of the RIA and represent an urban intrusion into an attractive open rural area.

8.9 Road Safety An objection has been received from Traffic and Transportation on road safety grounds as 2 separate accesses in such close proximity to each other could lead to confusion for motorists resulting in additional breaking and turning manoeuvres on a derestricted stretch of road. It is considered that only 1 access should serve the site as set out in the planning Condition 10 of permission 09/00327/AMD. As such the applicant’s desire to use the existing access that serves the house and new buildings as well as the recently constructed access for the popcorn production building is unacceptable from a planning viewpoint.

8.10 Network Rail: An objection has been received as they consider the north building has been constructed on their land and will be detrimental to the safe and efficient operation of the railway. The applicant claims that there has been an error by Network Rail. The issue of ownership is a legal matter and is not material to the consideration of this application, however matters of health and safety are. Although this issue is not sufficient on its own to lead to a reason for refusal the potential impact on the Airdrie to Bathgate Railway is an important material consideration.

9. Conclusions

9,.I The judgement to be made in this case is whether the benefits raised by the applicant outweigh the disadvantages of inappropriate development in the countryside. In terms of the Development Plan the development is unacceptable as it fails to satisfy the tests of economic benefit, locational need, infrastructure implications or environmental impact. Furthermore, there are serious road safety concerns. It is therefore considered that no overriding justification reasons have been submitted and the buildings will have an adverse affect on the open character and amenity of the Countryside around Towns. The development is unacceptable on road safety grounds. It is therefore recommended that retrospective planning permission be refused.

9.2 It should be noted that in view of his support of the development (because of the positive employment related factors, the remote location and lack of neighbour objections) Councillor Morgan has requested that the committee consider this application at a site visit and hearing. Application No: Proposed Development:

10/00754/FUL Change of Use of Lane to Private Garden Ground Site Address:

Lane Adjacent To 22 & 24 Brown Street Stane Shotts

Date Registered:

7th July 2010

Applicant: Agent: North Lanarkshire Council N/A Wishaw Housing Office 236 Main Street Wishaw ML2 7ND Application Level : Contrary to Development Plan: Local Application No

Ward: Representations: 012 Fortissat None Received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable in terms of the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that it will not adversely affect the character or amenity of the area. ------Produced by PLANNING APPLICATION ICU00754jFUL Fkh Lanarkshire Council Planning and buironmrnt kpartmnt. Change of Use of Lane to Prkate Garden Ground

Lane adjacent to 22 & 24 Brown Street, Stane, Shotts. telO1898 274274v $x 01698 403053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

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. Any walls or fences erected on the site shall accord with the approval given in terms of this condition.

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

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

4. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control. Backaround Papers:

Consultation Responses:

Memo from Lighting received 4'h August 201 0 Memo from Transportation received 2ndSeptember 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

2ndSeptember 2010 APPLICATION NO. 10/00754/FUL

REPORT

1. Site Description

1 .I The application site is the footway to the south of 22 and 24 Brown Street, Shotts. The site is bound by dwellings on all sides.

2. Proposed Development

2.1 Planning permission is sought for the change of use of the footpath into private garden ground associated with numbers 22 and 24 Brown Street, Shotts. In addition, it is proposed to erect a two metre high timber fence at either side of the footpath in line with the front building line of the houses.

3. Applicant's Supportina Information

3.1 The applicant submitted the committee report seeking authorisation for the stopping up of the footway approved by the Housing and Social Work Services Committee of the 16'h December 2009.

4. Site History

4.1 No relevant site history.

5. Development Plan

5.1 The site is identified as forming part of the Established Housing Area (HSG7) in the Southern Area Local Plan.

6.

6.1 Transportation raised no objections to the application.

7.

7.1 No letters of representation have been received following the neighbour notification procedures.

8.

8.1 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 other material considerations indicate otherwise.

8.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies. The site is covered by Policy HSG7 (Established Housing Areas) in the Southern Area Local Plan 2008.

Adopted Local Plan:

8.3 Policy HSG7 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. It is not considered that the stopping up of the footway at this location is incompatible with the existing residential setting or would adversely affect the character or amenity of the established residential area. Alternative pedestrian footways are present in the area and the impact of the proposed fencing is acceptable, as it matches the existing fencing in the area. The development is therefore held to comply with the objectives of Policy HSG7.

Finalised Draft North Lanarkshire Local Plan:

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

9. Conclusions

9.1 In conclusion, the proposal accords with Policy HSG7 of the Southern Area Local Plan 2008 as the development will not have a significant adverse impact upon the character and amenity of the neighbouring properties. In view of local plan policy and all other material considerations, it is therefore recommended that planning permission be granted.

9.2 If approved there will be a requirement for the Council to promote a Stopping Up Order under Section 207 of the Town and Country Planning (Scotland) Act 1997 authorising the closure of the footway. Application No: Proposed Development:

10/00759/PPP Residential Development (21 Indicative Dwellinghouses) Site Address:

Woodend Farm Dullatur Road By Kilsyth G65 OPZ

Date Registered:

22nd July 2010

Applicant: Agent: Mr Ronnie Chalmers And Bellisle Development Keppie Planning & Development Ltd 160 West Regent Street Media House Glasgow Dunnswood Road G2 4RL Wardpark South Cum bernauld G67 3EU Application Level: Contrary .J Developmen. Plan: Local Application Yes

Ward: Representations: 001 Kilsyth 0 letter(s) of representation received. Mark Griffin, Jean Jones, David Key,

Recommendation: Refuse

Reasoned Justification: The proposed residential development is contrary to the green belt zoning of the site and will adversely affect an attractive open rural area.

Recommendation: Refuse for the Following Reasons:-

The proposed residential development is contrary to Development Plan policies in that a) it is within an area identified as Green Belt with a presumption against residential development not necessary for agriculture, forestry, horticulture or other uses appropriate only to a rural area (Kilsyth Local Plan policy GB 3)) b) it is not within a Kilsyth Local Plan 1999 new housing development allocated site (Kilsyth Local Plan policy HG I), c) there is no identified residential land supply requirement for development on this unallocated (for residential purposes) site (Glasgow and the Clyde Valley Structure Plan 2000 (Strategic Policy 9)), c) it is not in a location that is readily accessible by a variety of transport modes, not predominantly private car (Glasgow and the Clyde Valley Structure Plan 2000 (Strategic Policy 9)), and d) it is not an Acceptable Departure from the Structure Plan in that it does not meet the 1.Nnn75QwP-. - - . - -. , , , g~~;~z-zZA- Mr R Chalmers & Bellisle Developnents Ltd ---=-== Woodend Farm Dullatur Road @ Klsyth 1:4,000 -.-I-. +w -.-.-=-I- A --- Residential Development (21 Indicative hellinghouses) Justification, Economic, Social and Environmental Benefit criteria specified in Structure Plan policy 10 (Departures from the Structure Plan).

2. The proposed residential development will adversely affect an attractive open rural area.

3 The proposed residential development will adversely affect recognised sustainability interests by being in a detached greenfield location thus encouraging private car trips by residents and visitors.

4. That should planning permission be granted a precedent will be set for inappropriate development on protected open space.

Backaround Papers:

Representation Letters

None

Consultation Responses:

NLC Traffic & Transportation (Northern) received 7'h September 201 0 Scottish Environment Protection Agency received on 27'h July 201 0 NLC Learning and Leisure received on i3'h August 2010 Kilsyth Community Council received 30 August 201 0 Scottish Gas Network received on 1 3'hAugust 201 0. Health and Safety Executive received on 25'h August 201 0 NLC Greenspace received on 1 8'h August 201 0 NLC Protective Services received on 18'h August 201 0

Contact Information:

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 61 6466

Report Date:

7'h September 201 0

Note to Committee: If the Committee is minded to grant permission, the planning permission should not be issued until an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicants in respect to the provision of affordable housing. Affordable housing should be 25% on-site provision if there is a capacity of 20 or more residential units or there should be the lodging of a commuted sum equivalent to the provision of 25% affordable housing if the capacity is less than 20 residential units APPLICATION NO. 10/00759/PPP

REPORT

1. Site Description

1.1 The 1.125ha application site at Woodend Farm, by Kilsyth is an open field which lies to the south of the existing farmsteading. The site slopes from north to south and is used for grazing.

2. Proposed Development

2.1 The application is in principle for residential development with access via an upgraded access road from the east. Indicative plans show 21 units arranged in a courtyard format.

3. Applicant’s Suwortina Information

3.1 The applicant has submitted a planning statement and ecological survey in support of the application. Basic drainage information is provided.

3.2 Main points of support relate to the proposal being an acceptable development in the green belt. It is stated that the development will be designed to compliment the adjacent approved steading conversion, will be rural in character and will cross fund a recently approved caravan and chalet park. It is also pointed out that the site is identified on the plan of the Finalised Draft North Lanarkshire Local Plan for housing and that there has been no objection to this identification. These matters are covered in 8.10 below.

3.3 No protected species have been noted on the site.

4. Site History

4.1 There is no known planning history for the application site. Relevant planning history for the adjacent steading is as follows: 0 05/00042/FUL Conversion of Steading to Form a Total of 10 Dwellinghouses and Relocation and Construction of Buildings to Form Equestrian Centre. Approved May 2005. 0 06/00092/FUL Remodelling of Farm Steading to Form 18 Dwellinghouses. Refused June 2006 and appeal dismissed.

5. Development Plan

5.1 The development requires to be assessed against the Structure Plan (Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008)) as well as the Local Plan. Structure Plan Strategic Policy 9 covers the Assessment of Development Proposals.

5.2 The site is identified as Green Belt (GB 3) in the Kilsyth Local Plan 1999.

6. Consultations

6.1 A summary of comments from consultees is as follows: Scottish Environmental Protection Agency: Standard standing advice for small scale development is provided. Scottish Gas Networks: Information is provided on the high pressure gas pipeline running approximately 45m south of the application site. No buildings should be constructed within 38m of the pipeline (verbal information). Health and Safety Executive: Do not advise against. Kilsyth Community Council: No objections. NLC Transportation: There should be a transportation related master plan covering all the potential residential, commercial and leisure developments. This should be accompanied by a Transport Assessment demonstrating that the site is located where it can be accessed by modes of transport other the car and that the existing road network can accommodate the additional traffic generated by the proposed development. NLC Learning and Leisure: No education objections with all schools within the site catchment having the capacity to accept children from the proposed development. NLC Greenspace Services: The site lies adjacent to semi-natural ancient woodland and also is in close proximity to North Barrwood Heath Site of Interest to Nature Conservation. A considerable volume of stone, sub soil and metal has been dumped (apparently from Woodend Farm) on the steep bank of this site resulting in damage to the mature broadleaved trees and the ground flora (bluebell). A protected species survey is required for the site and adjacent land. The existing hawthorn hedge must be retained and enhanced to provide habitat connectivity and continuity within the landscape. A buffer zone of 20 meters consisting of a mix of native deciduous woodland tree and shrub species should be created along the western side of the proposed site. No work should be allowed to encroach down slope from the development site onto the adjacent right of way. NLC Protective Services: A comprehensive site investigation should be carried out to ensure that any risks associated with surrounding land uses are taken into account. There may be issues with noise from a nearby quarry.

7. Representations 7.1 No letters of representation have been received.

7.2 Points of support submitted on behalf of the applicant are summarised in 3.1 above and are commented on in 8.1 0 below.

8. Planninq Assessment

8.I Section 25 of the Town & Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 Develoment Plan: The Development Plan consists of the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008) and the Kilsyth Local Plan 1999. Relevant policies are as follows.

8.3 Structure Plan Strategic Policy 1 (Strategic Development Locations) requires the continued designation and safeguarding of the Glasgow and Clyde Valley Green belt within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. The proposed development is for residential development on land zoned as Green Belt in the adopted Local Plan.

8.4 Structure Plan Strategic Policy 6 (Quality of Life and Health of Local Communities) indicates that the quality of life and health of local communities will be supported through providing housing opportunities to meet the requirement for a continuing 5 year effective owner occupied land supply. The application site is not required to meet any housing land supply shortfall and the proposal is therefore deemed to be a departure from the Structure Plan in respect to housing land supply and Strategic Policy 6. 8.5 Structure Plan Strategic Policy 9 (Assessment of Development Proposals) covers the general evaluation of applications. The proposed residential development is considered to be contrary to this policy as a) there is no identified residential land supply requirement for development on this unallocated (for residential purposes) site (Section A: Case for Development) and b) it does not promote urban regeneration by giving preference over urban brownfield land over Greenfield and green belt land (Section B: Location of Development) and c) represents isolated and sporadic development in the green belt (Section B: Location of Development). The proposal is therefore deemed to be a departure from the Structure Plan.

8.6 Structure Plan Strategic Policy 10 (Departures from the Structure Plan) covers Acceptable Departures from the Structure Plan. It is not considered that the proposal falls into this category as it does not meet the specified Justification plus Economic, Social and Environmental Benefit criteria. The claimed “Justification” by the applicant is covered in 8.10 below.

8.7 The Kilsyth Local Plan 1999 identifies the site as Green Belt (GB 3). This policy presumes against residential development unless it is shown to be necessary for the furtherance of agriculture, forestry, horticulture or other uses appropriate only to a rural area. The proposal is contrary to this policy as the residential development does not relate to any of the above matters and will adversely affect the protected green belt open setting.

8.8 Other Material Considerations - Emerging North Lanarkshire Local Plan: The site is incorrectly shown on the Proposals Map as an established housing site as opposed to its actual green belt status. In January 2010, Committee approved a Proposals Map change to correct the error and is now a commended change for the Local Plan Examination to reflect the terms of the approved residential conversion of the existing steading buildings (05/00042/FUL). This permission does not, however, cover the current application site and, as such, the site should remain as green belt. It is anticipated that this initial drafting error will be fully corrected in the finalised version of the North Lanarkshire Local Plan. Taking account of the foregoing it is considered that the proposal is contrary to the emerging North Lanarkshire Local Plan. It should be noted that the applicants are agreeable in principle to complying with the Council’s affordable housing policy as expressed in the emerging local plan. This would be required through a Section 75 Legal Agreement.

8.9 Rural Amenity: The site is an open grazed sloping field which contributes fully to the local rural environment. It also contributes to the wider setting of the Kelvin Valley, the Forth and Clyde Canal (scheduled ancient monument) and the Antonine Wall (World Heritage Site). These are important local assets whose general environments require protecting from inappropriate developments, such as the currently proposed residential development. The proposal will also adversely affect the rural landscape setting of Kilsyth.

8.10 Sustainability The proposed development is in a detached location which is only reasonably accessible by car. Using routes with pavements or formal footpaths the nearest indicative dwellinghouse on the application site is approximately 350m from the nearest bus route, 650m from the nearest dwellinghouse in Kilsyth and over 2km from the nearest group of shops (town centre). The relatively isolated location means that walking and bike riding are not attractive options for regular activities. The bus service to and from Kilsyth is relatively infrequent (2 buses per hour) and, as such, public transport may not be viable for many prospective residents. Taking account of the above it is envisaged that most, if not all, prospective residents will use cars for transport thus running counter to the recognised sustainability goal of reducing car usage.

8.1 1 Consultations: Although Transportation has commented that the existing access can not accommodate the proposed development it is anticipated that the access can be upgraded to a suitable standard. This could be covered by a planning condition.

8.12 Representations: The applicant has made the following points in support of the application.

a) Point of Support: The proposal will not adversely affect the rural area as it will compliment the existing residential permission at Woodend Farm and will be designed to be rural in character. Comment: It is considered that the proposed development will adversely affect the existing rural amenity of the area. The proposed new build development will bear no relationship to the scheme approved at Woodend Farm steading which is residential conversions of existing farm buildings. Of more direct relevance to the current application is the fact that subsequent to the grant of permission for the steading residential conversion new build redevelopment of the steading area was refused permission and an appeal dismissed (06/00092/FUL Remodelling of Farm Steading to Form 18 Dwellinghouses. Refused June 2006). It is not considered that the new development, regardless of any rural design themes, will retain the existing rural amenity, which is characterised by open farmland.

b) Point of Support: The proposal is designed to cross fund the approved caravan and chalet development on land to the east. In this respect the development is related to tourism and recreation and is not contrary to the local plan green belt policy. Comments: There is no acceptable planning argument for approving something which would otherwise be unacceptable in order to finance a commercial enterprise such as the applicant’s proposed caravan and chalet park. Enabling development is only normally acceptable in limited circumstances associated with the retention of listed buildings due to the acknowledged public benefit of retaining such buildings. Taking account of the above it is not considered that there are any leisure and recreation benefits associated with the proposed development. The proposed residential development is contrary to green belt policy and requires to be determined on its own merits.

c) Point of Support: The Finalised Draft North Lanarkshire Local Plan has the site designated for residential development. Comments: The emerging local plan proposals map incorrectly identifies the site area for the approved residential conversion of the existing steading buildings (05/00042/FUL) and as a consequence incorrectly identifies the current application site as residential. A correction to this drafting error was approved by Committee in January 2010 and is now a commended change to the Local Plan Examination to restore the current development site to green belt. Taking account of the above there is no support to the proposed development through the North Lanarkshire Local Plan.

9. Conclusions

9.1 The proposed residential development is contrary to the green belt zoning of the site and will adversely affect an attractive open rural area. It is recommended that planning permission be refused.

9.2 The applicants have requested that there be a site visit and hearing prior to a decision being reached in order that the impact on the green belt can be examined and the benefits of the proposal explained. Application No: Proposed Development:

10/00773/FUL Construction of a Replacement Roof and Associated Works to Existing Commercial Units

Site Address:

19 -33 Coatbank Street Coatbridge ML5 3SP

Date Registered:

3rd August 2010

Applicant: Agent: North Lanarkshire Council North Lanarkshire Council 19-33 Coatbank Street Design Services Coatbridge Bellshill ML5 3SP ML4 3PA

Application Level : Contrary to Development Plan: Local Application No

Ward: Representations: 010 Coatbridge South 1 letter(s) of representation received. James Brooks, lan Ferrie, John Higgins,

Recommendation: Approve Subject to Conditions

Reasoned Justification :

With regard to the adopted development plan and other material considerations, it is considered the proposed design and finishes of the replacement roof to an existing commercial building are acceptable and will enhance the existing building and the wider area. Therefore, the proposal will conform with the Monklands District Local Plan and the Finalised Draft North Lanarkshire Local Plan. lW101007731FUL North Lanarkshire Council 19 -33 Coatbank Street Coatbridge Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- A(02)004, A(02)005.1, A(02)005.2, A(02)006.1, A(02)006.2, A(02)007.1, L(O1)001, L(O1)002, L(O1)003 and L(O1)004.

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

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

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

4. That the development hereby permitted shall not start until the submission of a Notice of Initiation to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

5. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

Backqround Papers:

Representation Letters Letter from Mrs Patricia Deans, 27 Coatbank Street, Coatbridge, ML5 3SP received on 12'h August 201 0.

Consultation Responses: None

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 61 8124

Report Date: 27th August 2010 APPLICATION NO. 10/00773/FUL

REPORT

1. Site Description

1.1 The application site consists of a row of commercial units at Coatbank Street, Coatbridge and is located in a commercial area adjacent to Coatbridge town centre. The row of units are single storey with a parapet roof and facing brick walls. Located to the south are a KFC restaurant and drive through and an Esso petrol filling station with ancillary shop. To the east of the site is an extended landscape buffer zone that separates the site and the outlying Victoria Park residential development. To the north is the former canal which is now an area of public open space and located to the west on the opposite side of Coatbank Street is the Faraday Retail Park.

2. Proposed Development

2.1 This application seeks full planning permission for the construction of a replacement roof and associated works to existing commercial units at 19 -33 Coatbank Street, Coatbridge. The proposal will replace the existing parapet roof with a pitched metal roof. The associated works include replacement guttering and downpipes.

3. Site Historv

3.1 No relevant planning history.

4. Development Plan

4.1 The application raises no strategic issues and it can be assessed in terms of local plan policy.

4.2 In terms of the Monklands District Local Plan 1991 the site is covered by policy ECON 2 (Existing General Industrial Areas).

5. Representations

5.1 Following the standard neighbour notification process and newspaper advertisement, one letter of representation has been received. This letter does not object to the proposed development but does make comments relating to neighbour notification, website access and online documents.

6. Planninq Assessment

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

6.2 DeveloDment Plan - Monklands District Local Plan 1991:The site is located within an established commercial area in Coatbridge on land zoned as ECON 2 (Existing General Industrial Areas). Policy ECON 2 supports the retention of the industrial character of the area, sub division of factory units and the operation of wholesale and distribution outlets. The proposed replacement would improve the appearance of the building thus ensuring the retention of the properties for continued commercial use. It is considered, therefore] that the proposed replacement roof is in accordance with policy ECON 2.

6.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, which zones the application site as EDI AI (Industrial and Business Areas - Existing Industrial and Business Areas). This zoning reiterates the Industrial zoning of the Monklands District Local Plan 1991 and, as such, coincides with the assessment in paragraph 6.2. It is considered, therefore, that the proposal complies with the emerging local plan.

6.4 lmpact on Amenity of Locale: The proposed replacement roof and associated works will result in an improvement to the external appearance of the building and therefore considered to be in keeping with the industrial nature of the area.

6.5 Representations: In terms of the representation, I would offer the following comments:

Point of Representation: The correspondent did not receive a neighbourhood notification for the proposed roof works (No. 27 Coatbank Street). Comment: All appropriate neighbours have been notified of the planning application. Units within the application site are not required to be neighbour notified.

Point of Representation: The wrong neighbour notification list has been allocated as an online document under this application reference. Comment: This has been noted and the error has been corrected.

7. Conclusions

7.1 In conclusion, the proposal is considered to be acceptable and in accordance with policy ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991. The proposed replacement roof and associated works will improve the appearance of the building and will ensure that it has an effective future use. Taking account of these matters and also the comments received, it is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

10/00801/MSC Proposed Residential Drainage (SUDS) Pond and Open Space Provision Site Address:

Land At Lancaster Avenue Chapelhall North Lanarkshire

Date Registered:

15th July 2010

Applicant: Agent: Taylor Wimpey N/A Glasgow Airport Business Park Marchburn Drive Abbotsinch Paisley PA3 2SJ Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 1 Airdrie South 5 letter(s) of representation received. Michael Coyle, Thomas Curley, David Fagan, John Love,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposals would provide an acceptable sustainable drainage infrastructure related to the proposed Phase 8 residential development area. The provision of the passive open space area is also acceptable.

Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That the development hereby permitted shall be carried out strictly in accordance with drawing numbers AL(0)01.02; AL(0)02.02; E 002 Rev L; and E050 and no change to those details shall be made without prior written approval of the Planning Authority.

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

3. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority the surface water drainage scheme shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

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

4. That the SUDS compliant surface water drainage scheme certified under the terms of condition 3 shall be implemented contemporaneously with the development of the Phase 8 area in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant SEPA guidance and the approved plans.

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

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

(a) details of any earth moulding and hard landscaping, boundary treatments (including fences around the pond and at the top of the proposed slopes), 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 with particular focus on planting on/ at the top of the proposed slopes (c) an indication of all existing trees and hedgerows, plus details of those to be retained (ie at the western edge of the SUDS pond), and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. (e) details of the maintenance arrangements for these works (f) details of the footpaths

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

6. That all works included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the visual amenity of the area

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

(a) the public footpath (b) the existing treekcrub screen planting area located to the west of the pond (c) the proposed grassed, planted and landscaped areas

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

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

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

9. That any remediation works identified by the site investigation required in terms of Condition 8 shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

10. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

11. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

12 That before the development hereby permitted starts the developer shall submit a revised plan of the proposed SUDS pond for the written approval of the Planning Authority that demonstrates that the pond service access point would be relocated at least 10 metres from the existing traffic island on Lancaster Avenue.

Reason: To enable the Planning Authority to consider this aspect in detail

13. That any mitigation works identified by the ecological survey undertaken by FDM Ecology Ltd shall be carried out in accordance with the recommendations and timescales detailed in the report, or such other scheme of measures as may be approved in writing by the planning authority. Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004

14. That should 12 months or more elapse between the timing of the initial ecological survey by FDM Ecology Limited hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.'

Backaround Papers:

Representation Letters

Letter from Mr I D Stirrat, 3 Dalry Place, Chapelhall, Airdrie received 16'h August 201% Letter from Mr Mark Henderson, 14 Dalry Place, Chapelhall, ML6 8HS received 8 August 2010 Letter from Jackie and Patrick Dunlop, 5 Dalry Place, Chapelhall, ML6 8HS received 4'h August 2010 Letter from Mr Robert Welsh, Ardlarach Farm, Bowmore, PA43 7JG received 16'h August 2010 Letter from Karen Millar, 16 Dalry Place, Chapelhall, Airdrie received lothAugust 201 0

Consultation Responses:

Scottish Water received 12 August 2010 Landscape Services received 30thAugust 201 0 Greenspace Services received 26'h August 201 0

Contact information:

Any person wishing to inspect these documents should contact Mr Colin Marshal1 at 01236 616459

Report Date:

6th September 201 0 APPLICATION NO. 10/00801/MSC

REPORT

1. Site Description

1.I Planning permission is being sought for the formation of a large surface water drainage pond and area of passive public open space associated with the undeveloped Phase 8 area of the residential development site at Lancaster Avenue Chapelhall.

1.2 The site area extends in total to some 1.3 hectares and currently comprises a mix of undeveloped rough grassland and semi mature shrubs, bushes and small trees. The site comprises the lowest part of the phase 8 development area.

2. Proposed Development

2.1 The pond would be designed in accordance with Sustainable Urban Drainage System (SUDS) requirements of Scottish Water and measure approximately 90m x 40m incorporating a 3.5m wide maintenance path/fence round its perimeter and serviced from Lancaster Avenue. The SUDS pond would be located north of Lancaster Avenue and part of it would be located to the rear of an existing residential development at Dalry Place. The associated open space area would include the remaining site area between Lancaster Avenue and the southern edge of the phase 8 development area. (Part A of the phase 8 development area is considered separately under the terms of planning application 10/00802/MSC).

2.2 The drainage pond would provide surface water filtration and attenuation measures required to deal with surface water run-off from the proposed phase 8 housing area in accordance with the requirements of Scottish Water. The land levels are such that engineering works will be required to form the pond. The land will be altered and there will be slopes into the pond with the steepest and longest slope being to the north of the pond towards the new housing proposed for phase 8. The pond itself would be designed with shallow graded slopes and have a permanent water level of some 1.2 metres in depth.

2.3 The applicant included a copy letter from Scottish Water dated 1'' May 2008 which confirmed their agreement to proposed drainage proposals for the phase 7 development area. This included agreement for the proposed SUDS pond details.

3. Site History

3.1 The application site forms part of the Dunalistair Strategic Land release that was granted permission in outline on 8 May 1989 for Residential Development of approximately 800 houses. Since then the entire site has been subject to separate phased planning applications from various developers seeking to complete the residential development of the larger site. The current planning application for the SUDS pond and open space area relates to and is associated directly with the final phase 8 development.

4. Development Plan

4.1 The site is zoned HG4 (Strategic Housing Site) in the Monklands District Local Plan 1991.

5. Consultations

5.1 Scottish Water had no objections and it is noted they previously agreed to the SUDS design as submitted. 5.2 NLC Transportation had no objection provided the pond service access point is repositioned away from an existing traffic island on Lancaster Avenue.

5.3 NLC Protective Services had no objection provided a full site investigation survey is carried out and that all site works accord with current environmental regulations.

5.4 NLC Greening or Landscape Services had no objection subject to conditions requesting further details of the proposed landscaping scheme for the passive open space area and that survey of protected species be undertaken and that any recommended mitigation measures be implemented before the development starts.

6. Representations

6.1 5 letters of representation were received. The terms of objection can be fairly summarised as follows:

1. The drainage pond would be dangerous to children and to public footways due to surface water run-off from the pond 2. The drainage pond would provide a focus for unsocial behaviour by youths including increased incidents of fire raising and vandalism and fly tipping 3. The pond would only serve the new development site and would be detrimental to the drainage of existing houses 4. Loss of privacy due to the loss of existing treeskhrubs and public access to the pond 5. Loss of value of property 6. Contrary to the local planlstructure plan 7. The pond will overshadow residential properties 8. The pond is not an appropriate solution to surface water run-off for the remaining housing development site and shall affect the drainage at Dalry Place. 9. There is no performance data included with the proposals and it is unlikely Scottish Water shall maintain the pond. 10, The design is ill considered and would reduce a good outlook and appears to have been “shoehorned” in to the hillside with little regard to how it would function. 11. The pond is too close to existing houses and could be relocated equidistant between the existing houses in Dalry Place and proposed phase 8 area. 12. The pond will contain contaminated water.

7. Plannina Assessment

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. In this instance, the development is not of strategic significance and therefore the Structure Plan is not relevant in the assessment of this planning application.

DeveloDment Plan: The Monklands District Local Plan 1991: The site is zoned HG4 (Strategic Housing Site) in the Monklands District Local Plan 1991. The proposed pond and passive open space area accords with the terms of the original outline planning permission and subsequent amendments to the formation of landscape and open space within the Dunalistair development site.

The proposed SUDS pond is considered to be an essential and ancillary development relating to the phase 8 residential development phase and is needed to meet the requirements of Scottish Water in providing a sustainable surface water drainage scheme. It is considered the design of the SUDS pond is appropriate and as noted Scottish Water has no objection. The SUDS pond would be provided to adoptable standards and thereby maintained by Scottish Water. The pond would include a 3.5 metre wide service access pathway and would be fenced off to discourage unauthorised access.

The open space area would offer passive recreational opportunities to surrounding residents in both existing and proposed housing areas and include a footpath link from the new development phases to Lancaster Avenue.

Taking into account the above, the proposal can be considered to generally accord with the relevant policies and design guidance within the local plan and there are no policies which would presume against it.

Other Material Considerations: The Finalised Draft North Lanarkshire Local Plan: The application site is zoned under policy HCF 2 AI (Housing Land Supply). It is considered that the ancillary proposals are in accordance with this policy.

7.8 Consultations: There were no objections and relevant matters raised can be covered by condition on any planning permission.

7.9 Representations: With regards to the above noted representations the following comments can be offered on each point of objection:

1. SUDS ponds are designed in accordance with the most recent SEPA SUDS guidance to ensure that such schemes comply with best practice to protect adjacent watercourses and groundwater. They are also adopted by Scottish Water for maintenance purposes and are not considered to be of any particular danger to the public. Whilst they are designed to hold shallow water levels, which may increase during extreme weather conditions they incorporate shallow graded margins and are not considered a danger to the public. They are fenced off around their perimeter to discourage public access. 2. Incidents of anti-social activity cannot be controlled by planning regulations and such claims cannot be used to justify a refusal of planning permission. The layout of the proposed housing within phase 8 is such that passive supervision of the open space and the pond will be possible. 3. The SUDS pond would serve the phase 8 development site and will not have an impact on other existing drainage systems in the area. 4. Whilst the proposed SUDS pond would result in the loss of some semi-mature trees and bushes, the pond would be fenced off to discourage public access and would only be accessed by Scottish Water for periodic maintenance purposes. It is not considered that the SUDS proposals would result in a significant loss of privacy to existing residents. 5. Any perceived loss of property value is not a material planning consideration. Such perceptions are subjective and cannot be given weight in the planning assessment. 6. The proposals are considered to be ancillary to an adjacent housing development site, which accords with the terms of the development plan. 7. The SUDS scheme is unlikely to overshadow any existing dwellinghouse as it would consists of a shallow pond positioned within the lowest part of the overall development site. 8. SUDS ponds are considered an appropriate form of sustainable drainage provision for new housing development sites. The SUDS pond should not impact on the drainage of Dairy Place. 9. The SUDS proposals do not include specific data on projected water flows or the technical characteristics on how it operates. This level of detail is a principally a matter for Scottish Water, who as noted above previously agreed to the pond design. Scottish Water is obliged to inspect and maintain SUDS ponds as part of their responsibilities.

101. The pond is unlikely to reduce any outlook as it would consist of a shallow depression in the landform. This site offers the best location for a SUDS pond as it would occupy the lowest part of the proposed Phase 8 development area. 11. Only part of the proposed SUDS pond would be located close to the rear garden fence of 16 Dalry Place. SUDS ponds by their very nature operate with no mechanical plant and public access is discouraged by fencing. It is not considered the pond would create a reduction in residential amenity. There may be some noise during occasional maintenance periods by Scottish Water however this is likely to be minimal. 12. The SUDS pond is designed to filter and attenuate surface and not foul water. It may be the case that surface water run-off can include some contamination (particularly from driveways) however the pond includes filter beds that would be subject to periodic maintenance by Scottish Water.

8. Conclusion and Recommendation

8.1 The proposals are considered to comply with the terms of the development plan and would provide an acceptable sustainable drainage infrastructure related to the proposed Phase 8 residential development area. The provision of the passive open space area is also acceptable. There were no adverse comments noted in the consultation responses subject to conditions and whilst the proposals raised some concerns from local residents, it can be concluded that the terms of objection cannot be sustained. It is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

10/00802/MSC Residential Development (41 Dwellinghouses) Site Address:

George Wimpey Phase 8, Site A Lancaster Avenue Chapelhall North Lanarkshire

Date Registered:

15th July 2010

Applicant: Agent: Taylor Wimpey N/A Glasgow Airport Business Park Marchburn Drive Abbotsinch Paisley PA3 2SJ Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 1 Airdrie South 0 letter(s) of representation received. Michael Coyle, Thomas Curley, David Fagan, John Love,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposals are considered to be in accordance with the development plan and accords with the previous outline permission (as amended). The proposals are also in line with the design guidance on new housing layouts. N1101008021MSC Taylor Wi m pey Oeorge Wimpey Phase 8, SiteA Lancaster Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That the development hereby permitted shall be carried out strictly in accordance with the following drawing numbers and no change to those details shall be made without prior written approval of the Planning Authority.

AL(0)OI .01 Location Plan AL(0)02.01 Planning Layout (as amended)

AND/PL 1 Rev A Andrew Floor Plan AND/PL 4 Rev B Andrew Elevation

BAUPL 1 Rev A Balfour Floor Plan BAUPL 4 Rev B Balfour Elevation

CHNPL 1 Rev A Chalmers Floor Plan CHNPL 4 Rev B Chalmers Elevation

DGS/PL 1 Rev C Douglas Floor Plan DGS/PL 4 Rev C Douglas Elevation

FBN/PL 1 Rev C Fairbairn Floor Plan FBN/PL 4 Rev B Fairbairn Elevation

GDS/PL 1 Rev B Geddes Floor Plan GDS/PL 4 Rev C Geddes Elevation

MXUPL 1 Rev B Maxwell Floor Plan MXUPL 4 Rev C Maxwell Elevation

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

3. That notwithstanding the terms of condition 2 and BEFORE the development hereby permitted starts, full details of any variation in facing materials to be used on all external walls and roofs of the house types hereby approved shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.

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

5. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas detailed on the approved plans and all boundary treatments, 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) a timetable for the completion of these works contemporaneously with the development. (d) details of a management and maintenance scheme for these works

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

6. That before the development hereby permitted is brought into use, 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 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 environmental amenity of the area.

7. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.

Reason: In the interests of the environmental amenity of the area

8. That BEFORE the development hereby permitted starts an amended layout plan shall be submitted to, and approved in writing by the Planning Authority. The development shall be implemented in accordance with the details approved under the terms of this condition and the amended layout shall address the iisues noted in the consultation response from NLC Traffic and Transportation dated 27 August 201 0.

Reason: In the interests of road safety.

9. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

10 That the SUDS compliant surface water drainage scheme required under Condition 9 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the development hereby permitted is brought into use, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA guidance and the certified plans.

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

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

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

12. That before the development hereby permitted starts additional full details of existing and proposed site levels shall be submitted to and approved in writing by the Planning Authority. This shall include scaled cross sections through the site demonstrating levels differences with neighbouring properties. Once approved, the levels agreed as part of this condition shall be adhered to through the course of the development, unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure satisfactory control over levels in the interest of the amenity of the area.

13. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

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

14. That within 4 weeks of the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

15. That the mitigation works identified by the ecological survey undertaken by FDM Ecology Ltd shall be carried out in accordance with the recommendations and timescales detailed in the report, or such other scheme of measures as may be approved in writing by the planning authority.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004

16. That should 12 months or more elapse between the timing of the initial ecological survey by FDM Ecology Ltd hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004.' Backaround Paoers:

Representation Letters

Consultation Responses:

Landscape Services received on 30thAugust 2010 Greenspace Services received on 26'h August 2010 Play Services received 30thAugust 2010 Environmental Health (including Pollution Control) received 26'h August 2010 Traffic & Transportation received 27'h August 2010 Scottish Water received 12 August 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 61 6459

Report Date:

6th September 2010 APPLICATION NO. 10/00802/MSC

REPORT

1. Site Description

1.I Planning permission is being sought for the construction of 41 dwellinghouses on land to the north of Lancaster Avenue, Chapelhall. This proposal represents the first part (Site A) of a housing development by Taylor Wimpey at the final Phase 8 development area of the main Dunalister housing site.

1.2 The application site extends to some 1.6 ha in area and is located directly adjacent to the completed Phase 7 housing area and south of the remaining undeveloped phase 8 area. To the south lies an area of undeveloped land that would be developed as a passive open space area and would include a SUDS drainage pond to serve the final Phase 8 area. The proposed SUDS pond and open space area are considered under the terms of planning application 10/00801/MSC.

2. Proposed Development

2.2 The proposed development would involve the construction of 41 two storey dwellinghouses comprising a mix of detached, semi-detached and terraced units and associated roads and footpaths provided to adoptable standards. Access to the site would be via the completed Phase 7 development. The proposed road layout includes an option to further extend to the north-west to provide access to the remaining undeveloped Phase 8 area. The layout also includes the formation of two cul-de-sacs to allow some house units to have a southern outlook over the adjacent public open space area. Each plot would be provided with front and rear garden areas and individual driveways. The terraced units would be provided with a parking court and visitor parking spaces are accommodated throughout the layout.

2.3 The proposed house units would be finished in an optional mix of brown or red facing brick and render similar to the house types already constructed in earlier development phases. Roofs would be finished in an optional mix of red or grey coloured tiles

3. Applicant’s Sumortina Information

3.1 The applicant has submitted a master plan which indicates how the larger phase 8 area would be developed. The current application relates to Part A of the master plan proposals. A separate application 10/00801/MSC has been submitted for the proposed SUDS pond associated with this proposal. Full details of the proposed house types have also been included.

4. Site History

4.1 The application site forms part the remaining Phase 8 area of the large scale Dunalistair Strategic Land release that was granted permission in outline on 8 May 1989 for Residential Development of approximately 800 houses. Subsequently, this large housing site has been developed in phases by various housing development companies and variations to the provision of landscaping and open space areas have also been approved.

5. Development Plan

5.1 The site is zoned as HG3 (Private Housing Development) within the Monklands District Local Plan 1991, 6.

6.1 Transportation Section had no objections subject to conditions.

6.2 Pollution Control had no objection subject to condition requiring further site investigation survey before works commenced.

6.3 Greening Services had no objection subject to a condition to ensure any protected species found at the site would be protected.

6.4 Landscape Services had no objections subject to a condition requesting further landscaping details be submitted for consideration.

6.5 Play Services had no objection and noted that an equipped play area would be provided within a later development phase.

6.6 Scottish Water had no objection provided a satisfactory drainage scheme is provided and that this includes SUDS provisions. As noted a SUDS provision is being considered under the terms of planning application 10/00801/MSC.

7. Representations

7.1 There were no representations.

8. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. In this instance, the development is not of strategic significance and therefore the Structure Plan is not relevant in the assessment of this planning application.

8.2 DeveloDment Plan: The Monklands District Local Plan 1991: The site is zoned HG4 (Strategic Housing Site) in the Monklands District Local Plan 1991 and accords with the terms of the original outline planning permission and subsequent amendments to the formation of landscape and open space within the Dunalistair development site.

8.3 The proposals also accord with the terms of the Design Guidance on New Housing Areas in the local plan. In this regard the proposed road layout would be constructed to adoptable standards and the access arrangement via the completed phase 7 area is considered acceptable by the Transportation Section. The proposed housing density and mix is considered acceptable and the proposed development accords with the Council’s guidance on space around dwellings. There would be no detriment to privacy as a result of the proposed development and as noted above the passive open space area located to the south of the development area would be overlooked by houses provided with the southern outlook. Whilst there is no play area included with this part of the development phase, it is noted from the master plan that an equipped play space would be provided in a later phase of this development. In addition the area of passive open space would be extended along the western edge of the phase 8 area.

8.4 Other Material Considerations: The Finalised Draft North Lanarkshire Local Plan: The application site is zoned under policy HCF 2 AI (Housing Land Supply). It is considered that the proposals are in accordance with this policy.

8.5 Consultations: There were no objections and relevant matters raised can be covered by condition on any planning permission.

8.6 Representations: There were no representations. 9. Conclusion and Recommendation

9.1 The proposals are considered to be acceptable in terms of all matters including layout and house designs. They are in accordance with the development plan and accord with the previous outline permission (as amended). It is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

10/00814/AMD Amendment to Planning Permission 06/01789/REM - Substitution House Types on Plots 71-112 and Reduction in Overall Dwelling Numbers

Site Address:

Land To The South Of Broadwood Stadium Atholl Drive Broadwood Cum bernauld

Date Registered:

16th July 2010

Applicant: Agent: Walker Group (Scotland) Ltd Hypostyle Architects Westerwood House 49 St Vincent Crescent Royston Road Glasgow Deans Industrial Estate G3 8NG Livingston West Lothian EH54 8AH Application Level : Contrary to Development Plan: Local Application No

Ward: Representations: 002 Cumbernauld North 0 letter(s) of representation received. Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan O'Brien,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The principle and scale of the proposed house type amendments are considered to be acceptable and the proposal will not detract from the residential amenity of the application site or the surrounding area. The proposal complies with policies HG 3 and HG 4 in the adopted Cumbernauld Local Plan, 1993. iDmOBl4/AMD ---U--*_ ,----, =.=.=-,~m-- Land To The South Of Broachwod Stadium ..-,-In..-.- -.”U “-.“--U“- Atholl Drwe Broadwod Cumbernauld -.-I.-- .._- -.----- hndmntto Planning Permission Nm6fl1789/REM Substitution and Introduction of New House Types on Rots 71-1 12 and Reduction in &erall DNelling Numbers Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: Alb/plan/elevs/brick/type a Alb-semi/plan/floor/plans Bel/semi/plan/elevs/brick/type a Be hemi/plan/f loorplan Bra/plan/elevs/brick/type a Bra/plan/floor/plan Cra/plan/elevs/brick/type a Cra/plan/elevs/brick/type b Cra/plan/f loor/plan Cul/plan/elevs/bricWtype a Cul/plan/elevs/bricWtype b Cul/plan/floor/plan Gla/plan/elevs/bricWtypea Gla/plan/elevs/brick/type b Gla/plan/floor/plan Glc/plan/eIevs/brick/type a Glc/plan/elevs/brick/type c Glc/plan/floor/plan Gle-semi-brick-type-a Gle-semi-planning-fplans Gln/plan/elevs/brick/type a a GIn/plan/elevs/brick/typeb a GIn/p lan/f loor/plan b Hyw/semi/pIan/elevs/bricWtypea Hyw/semi/plan/floor/plan Ken/plan/elevs/b ric k/type a Ken/plan/floor/plan Lit/plan/elevs/brick/type a Lit/p Ia n/eI evs/br i c kltype b Lit/plan/floor/plan McWplan/elevs/type a McWplanlfloor plan Swa/plan/eIevs/brickltype a Swa/plan/elevs/brickltype b Swa/plan/f loor/plan Yar/plan/eIevs/brick/type a Yar/plan/elevs/brick/type b Y a r/plan/floo r/plan a L(0)003 L(0)004

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

3. That all conditions of the original planning consent N/06/01789/REM fully apply to this amendment application and their terms shall be complied with in full.

Reason: As this permission represents an amendment to that permission. 4. That the development hereby permitted shall not start until the submission of a Notice of Initiation to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

5. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

Backqround Papers:

Representation Letters No letters of representation received.

Consultation Responses: Memo from Traffic & Transportation received 23rdAugust 201 0.

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 61 81 24

Report Date: 6'h September 2010 APPLICATION NO. 10/0081WAMD

REPORT

1. Site Description

1.1 The application site forms part of a wider residential scheme at Broadwood, Cumbernauld. Construction has yet to begin. The site is irregular in shape and measures approximately 2.18 hectares. Located further to the north is Broadwood Stadium, to the south is a residential area and business properties and to the east, open space. Located to the west is Broadwood loch and vacant land. Vehicular access to the site is off Atholl Drive.

2. Proposed DeveloDment

2.1 This application seeks full planning permission for an amendment to planning permission 06/01789/REM that would result in the substitution of house types on plots 71-112 and reduction in overall dwelling numbers by two dwellings. The overall layout of the development i.e. the road access, road layout, amenity area and connection to existing footpath network would remain the same as that previously approved.

3. Site Historv

3.1 On the 23rdJanuary 2007, planning permission was granted (Ref 06/01789/REM) for the construction of 115 dwellinghouse.

4. Development Plan

4.1 The application raises no strategic issues and it can be assessed in terms of local plan policy.

4.2 In terms of the Cumbernauld Local Plan, 1993, the site is covered by Industrial and Environmental Policies (IB7H and EN31A).

5. Consultations

6.1 A summary of comments from consultees are as follows:

i. NLC Traffic & Transportation has no objection to the proposed amended subject to conditions relating to parking standards, garage dimensions, driveway details and drainage.

6. Representations

6.1 Following the standard neighbour notification process, there have been no representations received.

7. Plannina Assessment

7.1 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.

7.2 DeveloDment Plan - Cumbernauld Local Plan 1993: The site is located within an area covered by Industrial and Environmental Policies. Given this current application seeks to amend the previous residential scheme (06/01789/REM), it is considered that the proposed amended residential development is acceptable. The revised layout is to be assessed in terms of policies HG 3 (Residential Development) and HG 4 (Residential Amenity) which requires account to be taken of the following criteria: planning policy, overall impact of the proposal on the character and amenity of the area; provision of vehicular access and parking arrangements; and dimensions of the site relative to the proposed development. As noted above the application site has previously been granted planning permission for 44 residential units. The amended application proposes changes to the development that would result in alternative house types and a reduction of two units. The amendments result in the introduction of 8 additional semi-detached dwellings (a total of 16 semi-detached dwellings) and changes to remaining 26 detached house types. The proposed amended house types would not be detrimental to the amenity of the proposed residential properties adjacent to the site in terms of privacy and overshadowing. It is considered that the site can comfortably accommodate the layout of the new house types which is in accordance with the Council’s Open Space Guidelines. The scale, design and materials of the proposed are considered acceptable. The proposal complies with the current car parking standards as approved elsewhere on the site. The proposal is, therefore] considered to comply with policies HG3 and HG 4.

7.3 Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan which zones the application site as HCF 2 AI (Sites for (Short Term) Housing Development - Housing Land Supply). Policy HCF 2 A1 has identified the application site as a short term housing land supply site. The proposed amended residential development is considered to comply with the Finalised Draft North Lanarkshire Local Plan.

7.4 Consultations: With regards to matters raised in consultation responses, that have not yet been addressed. Traffic & Transportation have recommended conditions relating to relating to parking standards, garage dimensions] driveway details and drainage. The proposed amendment residential development does not differ greatly from the approved layout from a traffic point of view. The access to the site from the same point off Atholl Drive and the road layout through the development would be in the same position are previously approved. Each residential unit would have sufficient car parking to reflect the size of the dwelling. The proposal is therefore considered acceptable when assessed with respect to traffic matters.

8. Conclusion 8.1 It is considered that the proposed amended layout is acceptable and in accordance with the Cumbernauld Local Plan. The proposed amendment to the house types and decrease in two residential unit are considered acceptable as these alterations can be adequately accommodated within the site without detrimentally affecting the character of the area. Taking the provisions of the development plan and all other material considerations into account, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:

10/00861/FUL Formation of Recycling Centre Hardstanding Area and Associated Control Cabin within Existing Cleansing Depot Site

Site Address:

Airdrie Cleansing Department Lady Anne Crescent Gartlea Airdrie ML6 9RY

Date Registered:

17th July 2010

Applicant: Agent: North Lanarkshire Council Morag Eaton C/o Mr Andrew MacKenzie SLR Consulting Ltd Environmental Services Suite 9 Waste Management Services Beech House Old Edinburgh Road Padgate Business Park Bellshill Green Lane ML4 3JG Warrington WAI 4JN

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 008 Airdrie Central 0 letter(s) of representation received. George Devine, James Logue, David Stocks,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The design and location of the proposed recycling centre is considered to be acceptable and the proposal will not detract from the amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable. N1101008611FUL North Lanarkshire Council Airdrie Cleansing Department Lady Anne Crescent G artleiA iirie p%r=-c;r--%%kW-L*- :~=pzz-.l+"y kTz$--- Formation of Hardrtanding Recycling Centre ,l.c-'"cd#".,.*e. *.IIWLd..I II ..,..- Area within Existing Cleansing Depot Site Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- LA1 -0, LA3.0, LA4.0, LA7.0 and LA10.0.

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

3. 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; (cl and their protection in the course of development (d) a timetable for the completion of these works contemporaneously with the development.

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

4. That prior to the development hereby permitted being completed, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of 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 environmental amenity of the area.

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

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

6. That before the development hereby permitted starts, full details of the proposed surface and foul water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

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

7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 6 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance. Reason: To safeguard adjacent watercourses and groundwater from pollution.

8. Notwithstanding the terms of condition 2 above, that before any development starts, an updated Transportation Statement shall be submitted to and approved by the Planning Authority. The updated Transportation Statement shall include a detailed assessment of the South Biggar Road/Gartleahill, Burns CrescentlGartleahill and Burns CrescentlLady Ann Crescent junctions and indicate any required mitigating measures within the public road network and a phased programme for completing those works. Thereafter, the works shall be complied with and implemented under the terms of the agreed phased programme to the satisfaction of the Planning Authority.

Reason: To ensure the development has an acceptable impact upon the Public Road Network.

9. That any additional mitigation works within the public road network required by the updated Transportation Statement under the terms of Condition 8 shall be complied with and implemented under the terms of the agreed phased programme to the satisfaction of the Planning Authority.

Reason: To ensure the development has an acceptable impact upon the Public Road Network.

10. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

11. That the development hereby permitted shall not start until the submission of a Notice of Initiation to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

12. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control. Backaround PaDers:

Representation Letters No letters of representation received.

Consultation Responses: Letter from SEPA received on 30thAugust 2010 Memo from Protective Services received on 3rdSeftember 2010 Memo from Traffic & Transportation received on 6' September 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 6181 24

Report Date:

6th September 2010 APPLICATION NO. 10/00861/FUL

REPORT

1. Site Description

1.I The application site is the existing Airdrie Cleansing Department Depot at Lady Anne Crescent, Airdrie and is approximately 1.58 hectares in size. The site comprises a large rectangular building to the east which is used for the storage of refuse vehicles and other machinery. The reminder of the site is a hardstanding used for the storage of skips. A 2 metre high palisade fence currently encloses the site. The depot is bounded by residential properties to the north and south east. Located to the south and west is an area of public open space. Immediately to the east is a petrol filling station with a community centre location to the north-west. Vehicular access to the site is via Lady Anne Crescent.

2. Proposed Development

2.1 The proposal involves the formation of recycling centre hardstanding area and associated control cabin within existing cleansing depot site.

2.2 The proposal will involve the setting out of the site with a one-way perimeter road system surrounding a central site service area which will accommodate a number of skipskontainers for use by the general public to unload their domestic waste. A site control cabin will be located to the north western corner of the site to control public vehicles entering the site. The anticipated maximum number of vehicle visits per day will be between 300-400 vehicles plus an estimated 12 vehicle visits per day associated with site servicing. The waste to be accepted will be domestic and will include glass, paperkard, plastic, metal (ferrous and non-ferrous), end of life electrical goods, general rubble, garden arisings, oversize wastes (furniture etc.) and textiles etc. The site will operate between 08.00am and 20.00pm daily.

3. Applicant’s Sumortina Information

3.1 The applicant has provided a Planning Statement, a Local Air Quality Assessment, a Noise Assessment, a Transport Statement and a Phase 1 Desk Study & Mining Report. These will be discussed in detail in Section 8 ‘Planning Assessment’ of the report below.

4. Site History

4.1 The depot has been in operation as a cleansing depot since 1985 and there is no planning history relevant to this application.

5. Development Plan

5.1 The application raises no strategic issues and it can be assessed in terms of local plan policy.

5.2 In terms of the Monklands District Local Plan 1991 the site is covered by policy HG 9 (Housing Policy for Existing Residential Areas).

6. Consultations

6.1 A summary of comments from the remaining consultees are as follows:

i. SEPA have no objection to the proposed recycling centre and have made comments relating drainage, air quality and waste management licence. ii. Protective Services have no objection to the proposed recycling centre but do make comments relating to the submitted Phase I Desk Study and Mining Report and Phase II Geo-Environment Site Assessment. iii. Traffic & Transportation have made comments regarding the information provided in the traffic statement and recommended that this should include the junctions of South Biggar Road/Gartleahill, Burns CrescenUGartleahill and Burns CrescenULady Anne Crescent.

7. Rewesentations

7.1 Following the standard neighbour notification process and press advert, there have been no representations received.

8. Plannina Assessment

8.1 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.

8.2 Development Plan - Monklands District Local Plan 1991: The site is located within an established residential area and zoned as HG 9 (Housing Policy for Existing Residential Areas). Policy HG 9 states that non-residential uses with an established residential area should not result in an adverse impact on residential amenity. The development will be located within the site boundary of an existing established cleansing depot which has been operating since 1985, without any complaints from neighbouring residents. Given that the proposed recycling centre will be located within the confines of this cleansing depot and is considered not to result in an adverse impact on the amenity levels currently enjoyed by neighbouring residential properties, the proposal is, therefore, acceptable. The proposed development is considered to comply with the aims and objectives of Policy HG 9.

8.3 Policy WDR 1 (Landfill and Refuse Disposal) is also relevant and this policy aims to limit the disposal and recycling of waste to sites within areas designated as devastated landscape and at least 250 metres from settlements. An exception is made for disposal/recycling of waste that will be beneficial both to amenity, safety and the environment. The proposed recycling centre will only involve the collection of waste that will be transferred and processed at another more appropriate facility. As a result of this collection-only role, the impact on the neighbouring residential properties will be negligible. The proposed recycling centre will provide a facility that will be beneficial to the local area. It is considered, therefore, that the proposal complies with policy WDR 1.

8.4 Material Considerations - Finalised Draff North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan which zones the application site as HCF 1 A (Residential Amenity). Policy HCF 1 A has a presumption against developments detrimental to residential amenity in primarily residential areas. In this respect it is considered that the amenity of the surrounding area is not unacceptably affected. The development is therefore considered to comply with policy HCF 1 A of the Finalised Draft North Lanarkshire Local Plan.

8.5 Impact on the locale: The development will result in an intensification of the use of the existing depot. It is noted that the proposed recycling centre site is located within a residential area, however the application site is only bounded by residential properties to the north and south west with the majority of the site bounded by open space. It is considered that there will not be any unacceptable loss of residential amenity, A noise report has been submitted that assess the impact on nearby residential properties. Even assuming the worst case scenario, the increase in noise levels is not so significant as to require any mitigation measures on site. Regarding increased traffic levels in the locality, the site is accessed from Lady Anne Crescent which is not a residential road. Although traffic levels will be increased in this part of the town, it is not considered that this in itself is sufficient in this case to warrant refusal of planning permission on amenity grounds. 8.6 With respect to traffic matters, Traffic & Transportation have recommended that additional information is submitted to include the impact of the proposal on the junctions of South Biggar Road/Gartleahill, Burns CrescenffGartleahill and Burns CrescentlLady Anne Crescent. A condition to this affect is recommended. The applicant’s additional information included a Transport Statement which assessed the likely transport impacts that may result from the proposed recycling centre. The existing depot currently generates around 166 two-way traffic movements per day, all of which are outside of the highway peak hours. The proposed recycling centre would generate an additional 24 two-way skip lorry movements and approximately 800 two- way traffic movements by the public per day. The transport statement concludes that the impact of the proposed development on existing peak hour traffic flows would be approximately 2.5% and is, therefore, considered to have little impact on the local road network. The proposal is therefore considered acceptable when assessed with respect to traffic matters.

8.7 Consultations: With regards to matters raised in consultation responses, that have not yet been addressed, a condition requiring surface water from the site is treated in accordance with the principles of the SUDS Manual (C697) which was published by ClRlA in March 2007 is recommended to address the SEPA comment on drainage. The comments made by SEPA relating to air quality and waste management licence have been forwarded to the applicant.

9. Conclusion 9.1 It is considered that the proposal is acceptable in terms of design and location and will not have a significant adverse affect on the amenity of the adjacent residential properties. The proposed development is considered to be in accordance with the adopted Monklands District Local Plan. Taking account of these matters, it is recommended that planning permission be granted. Application No: Proposed Development:

10/00816/LUC Private Gypsy/Traveller Pitch (Certificate of Lawfulness of Existing Use or Development) Site Address:

22 Chapel Road Bogside Newmains

Date Registered:

20th July 2010

Applicant: Agent: Mr Joseph Townsley Monica Lennon Associates 22 Chapel Road Admiral House Bogside Montgomery Place Newmains The Village East Kilbride G74 4BF

Application Level: Contrary to Development Plan: Local Application Not Applicable

Ward: Representations: 019 Murdostoun No letters of representation received. Robert McKendrick, James Martin, Nicky Shevlin, John Taggart,

Recommendation: Ref use

Reasoned Justification:

The site is not "lawful" under planning terms as the private caravan pitch and associated caravans are in contravention of an issued Enforcement Notice and as such continued enforcement action can be taken. It is, therefore, not appropriate to issue a Certificate of Existing Lawful Use.

Recommendation: Refuse for the Following Reason:-

1. The site is not "lawful" under the terms of Section 150 of the Town and Country Planning (Scotland) Act 1997 as the private caravan pitch and associated caravans are in contravention of an Enforcement Notice issued on 19th July 1991 and as such continued enforcement action can be taken. It is, therefore, not appropriate to issue a Certificate of Lawfulness of Existing Use or Development. N NI1 OlO081 61LU C Mr Joseph Townsley 22 Chapel Road Bogside Newmains Backaround Papers:

Representation Letters

None

Consultation Responses:

NLC Travelling Persons Liaison Officer received 12'h August 2010

Contact Information:

Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 61 6466

Report Date:

2ndSeptember 2010 APPLICATION NO. 10/0081WLUC

REPORT

1. Site Description

1.1 The Certificate of Existing Lawful Use application site at Chapel Road, Bogside, by Newmains covers approximately 0.7ha and is accessed off the private Chapel Road. The site is adjacent to the A73 trunk road. Approximately 0.45ha of the application site is hardstanding, blaes and tended grass. The rest is overgrown land.

1.2 Permanent features within the site are a formed access, a dry toilet/ storage building, a water pipe, a paved area and a blaes area. At a site visit it was also noted that there was a cut grassed area, a clothes line, a children’s swing and a wheelie bin.

2. Claimed Lawful Development

2.1 The application is for a Certificate of Lawfulness of Existing Use or Development (under Section 150 of the Town and Country Planning (Scotland) Act 1997) for a private gypsy/ travellers caravan pitch at Chapel Road, Bogside. Under this procedure a certificate must be granted if it is shown that enforcement action can not be taken under planning legislation against the existing use.

3. Supportinq Information

3.1 Supporting information has been submitted by the applicant to seek to show that the private gypsy/ travellers pitch is immune from enforcement action as it has existed for more than ten years. This information is in the form of receipts and invoices identifying the application site (22 Chapel Road) as a residency, the identification of the application site as a residency in medical and school records, a committee report and a letter from the Planning Service referring to the history of caravan use of the site plus testimony from family members, Councillor Robert McKendrick, Karen Whitefield MSP, the NLC Travelling Persons Liaison Officer, a local doctor and a local resident all covering the history of use of the application site as a private family travelling persons caravan site. This is covered in more detail in 8.2 below.

4. Site Historv

4.1 An Enforcement Notice was issued on 12‘h June 1991 against J and William Townsley in relation to the “Formation of Site for Residential Caravan and Tourer Caravan” at Chapel Road. The notice required that the caravans and associated equipment be removed and the site be reinstated. An appeal was dismissed.

5. Development Plan

5.1 The Development Plan is not relevant to this Certificate of Lawful Use application.

6. Consultations

6.1 A summary of comments from consultees is as follows: NLC Travelling Persons Liaison Officer: The applicant and his family are well known Gypsy Travellers who have stayed in the area for many years. Mr Townsley uses the site for himself and family. It is difficult to establish periods throughout the year when it is most likely to be used. It is currently in use. It is not recommended that there be a time limit to the pitch’s use. It is noted that in the past there have been up to eight caravans on the site, although 3 to 6 caravans is more normal. The caravans are on the hardstanding/ blaes area at the top of the site. Currently NLC does not have a Gypsy Traveller site in use. Whilst the records show there is currently a site at Forrest Street in Plains, this site has been demolished and entrance has been made secure. The Plains site would require major financial investment. North Lanarkshire has an increasing number of unauthorised encampments by Gypsy Travellers each year. Figures show that there is a shortage of sites throughout the country and unauthorised encampments are increasing. Whilst giving a certificate would not alleviate the issue of unauthorised encampments it would give the family a secure place to stay.

7. Representations

7.1 No letters of representation have been received during the processing of the application. Councillor Taggart has requested that the application be determined by Committee due to the number of enquiries from constituents.

8. Certificate of Existina Lawful Use Assessment

8.1 Matters to be Taken into Account Under the terms of Section 150 of the 97 Act a Certificate of Lawfulness of Existing Use or Development must be granted if it is proved to the Planning Authorities satisfaction that an existing development or use of land is lawful. Lawfulness is established if enforcement action can not be taken either because the time limit for taking such action has expired or because there is no breach of any enforcement notice. The applicants are seeking to show that the use as a private gypsy/ travellers pitch has continued for more than the 10 years in which enforcement action needs to be taken and that, as such, the use is lawful under the planning legislation. Issues of planning judgement and development plan zonings are not relevant as a decision on whether to issue a Certificate of Existing Lawful Use to be made strictly on the relevant facts of the case.

8.2 Relevant Information from the Applicant

a) Receipts and Invoices: These have been submitted for the provision of utilities and of professional and family services, with 22 Chapel Road being noted on the receipts/ invoices as the place of residence. Dates are 1972, 1991, 1999 and 2000.

b) School Records: This identifies the application site as the place of residence for a family member in June 2001.

c) Newspaper Article: This refers to a caravan on the site in February 2000.

d) Family Members Accounts: Relevant information relates to the application site having been a long term and currently used travelling persons pitch for the extended Townsley family.

e) Letter from Councillor Robert McKendrick: In the course of his former work as a taxi driver the Councillor has picked up and dropped off persons at caravans on the site on a number of occasions. As a local resident he is aware of the caravans being on the site for more than 10 years.

f) Letter from Karen Whitefield, MSP: The MSP notes from Council correspondence that the site has a lengthy history of occupation by travelling people.

g) Letter from Former Strathclyde Regional Council Travelling Persons Liaison Officer: The former officer has known the applicants for a considerable number of years and can vouch for them regularly having caravans on the application site.

h) Letter from North Lanarkshire Council Travelling Persons Liaison Officer: The officer knows the applicants and is aware that they have stayed on the site on various occasions throughout the years. No opinion is given concerning the merits of the application. h) Letter from Local Doctor: It is pointed out that medical records in 1996 show the application site as a temporary address for members of the Townsley family.

i) Letter from Local Resident: It is stated that the applicants are well known locally.

k) Letter from Director of Planning and Environment to Karen Whitefield, MSP (September 2002): It is noted that the site has a lengthy history of occupation by travelling people.

I) Minute of Planning and Environment (Environmental Health) Sub Committee (November 1999): Reference is made in the minute to the caravan site at 22 Chapel Road.

m) Copy of Appeal Decision Allowing a Certificate of Lawful Existing Use for a Private Travelling Persons Pitch at Sauchieburn, Stirlingshire (February 201 0): This provides background on matters to be taken into account and on the possible terms of any potential Certificate.

8.3 Relevant Information from Consultee: The NLC Travelling Persons Liaison Officer has noted that the hardstanding/ blaes part of the application site is currently a gypsy/ travelling persons pitch and has been for a number of years. It is pointed out that it is often used by between three and six caravans. It is not possible to identify precise times of the year when the site has or does not have caravans.

8.4 Planning Service Documents and Observations: a) Documents: Planning Service produced documents covered in 8.2 (k) and (I) are noted as confirming that there is a history of travelling persons caravans on the site.

b) Site Visit Observations: In two site visits associated with the application no caravans were observed. There was, however, evidence that the site was used as a caravan pitch with it being well maintained and having a formed access, a dry toilet/ storage building, a water pipe, a paved area, a blaes area, a cut grassed area, a clothes line, a children’s swing and a wheelie bin.

c) Enforcement Notice: It is noted from the Enforcement Register that an Enforcement Notice was issued on 12thJune 1991 against J and William Townsley concerning the “Formation of Site for Residential Caravan and Tourer Caravan” at Chapel Road. The notice required that the caravans and associated equipment be removed and the site reinstated. An appeal was dismissed. The enforcement notice is still valid and the continued use of the site as a private gypsy/ travellers site is in contravention of the notice.

9. Conclusions

9.1 On the basis of information supplied, consultee comments received and Planning Authority observations it is accepted that a private gypsy/ travellers pitch for mobile caravans has existed on part of the application site for over ten years. The site is not, however, “lawful” under planning terms as the private caravan pitch and associated caravans are in contravention of the issued Enforcement Notice and as such continued enforcement action can be taken. Taking account of the above it is not appropriate to issue a Certificate of Existing Lawful Use and it is therefore recommended that the application be refused.

9.2 There has been a request by the applicant for a site visit and hearing. This is in order to provide the Committee with information relating to the enforcement notice and the application and to explain the importance for the applicants of obtaining a certificate of lawful use. Application No: Proposed Development:

10/00824/FUL Erection of Drive-Through Restaurant within Use Class 3 (Restaurants and Cafes) and Sui Generis (Hot Food Take- Away) with Associated Parking and Servicing Site Address:

285 Glasgow Road Wishaw ML2 7SJ

Date Registered:

23rd July 2010

Applicant: Agent: KFC (GB) Ltd C/o King Sturge LLP King Sturge LLP 145 St Vincent Street David OShea Glasgow 6th Floor G2 5JF 145 St Vincent Street Glasgow G2 5JF

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 8 Motherwell South East And Ravenscraig 3 letters of representation received. Kaye Harmon, Thomas Lunny, Linsey McKay, Alan Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to be primarily in accordance with the development plan and satisfactorily meets the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. The development will not significantly adversely impact on the existing road network or the amenity and privacy of the adjacent residential properties and is an acceptable use at this location. P L4NN I NG APPLl CATION 1 0/00824/FUL This map IS reproduced from Produced by 3rdnance Survey material Norlh Lanarkshire Council rnth the permsson of Erection of Drive-Through Restaurant within Planning and Environment Department, 3rdnance Survey on behalf Dahiel Building. , f the Controller of Her Mapvs Use Class 3 (Restaurants and Cafes) and Stationery Office 0 Crown Sui Generis (Hot Food Take-Away) with xpyright Unauthorised reproduction infringes Crm Associated Parking and Servicing. xpyrght and may lead to prosecution or awl proceedings 285 Glasgow Road, Wishaw. Vorth Lanarkshire Counal telO1698 274274v 100023396 2008 fax 01698 403053 * Representation Site area = 0.28 ha. Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.

2. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings numbers; PLO1 Rev P PL02, PL03, PL04, PLO5 and PL08A.

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

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

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

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 and for the avoidance of doubt a 1.8 metre high acoustic fence shall be erected along the eastern and southern boundary of the dwelling at 287 Glasgow Road; and prior to the building being brought into use, all walls and fences approved shall be constructed and shall thereafter be maintained to the satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects and to protect the amenity of nearby residents.

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, 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) and their protection in the course of development (d) a timetable for the implementation of these works contemporaneously with the development.

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

6. That 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 before the development hereby permitted is brought into use in accordance with the approved timetable; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of 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 environmental amenity of the area.

7. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance. Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

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

Reason: To safeguard adjacent watercourses and groundwater from pollution.

9. That before the development hereby permitted starts, unless otherwise agreed in writing by the planning authority, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

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

10. That a visibility splay of 4.5 metres by 120 metres to the west and 4.5 metres by 75 metres to the east, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure the provision of satisfactory vehicular access to the site.

11. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas, shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained for the approved purpose.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

12. That before the 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.

Reason: To ensure the suitability of the site for the proposed development.

13. That any remediation works identified by the site investigation required in terms of Condition 12 shall be carried out to the satisfaction of the Planning Authority prior to the site being brought into use. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority, prior to the site being brought into use, confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination.

14. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

15. The design, installation and operation of any air condition / ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level assessed with the windows open, within any dwelling or noise sensitive building in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07.00 hours and 20.00 hours and NRC 25 at all other times.

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

16. That before the development hereby permitted is brought into use, full details of the external lighting units proposed shall be submitted to the Planning Authority for written approval and prior to the development being brought into use the approved scheme shall be implemented to the satisfaction of the Planning Authority.

Reason: To safeguard the amenity of the adjacent residential dwellings.

17. That the opening house of the premises hereby approved shall be limited to between the hours of 7am to 11 :30pm Monday to Saturday and 8am to 1 1:30pm on Sunday.

Reason: To safeguard the amenity of the adjacent residential dwellings.

18. That before the development hereby permitted is brought into use, full details of the entrance barrier shall be submitted to and approved in writing by the Planning Authority and prior to the development being brought into use the approved barrier shall be implemented to the satisfaction of the Planning Authority.

Reason: To ensure the provision of satisfactory vehicular access facilities.

19. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To monitor the development, to enable the Planning Authority to retain effective control. Backaround Paoers:

Representation Letters

Online comment from Mr Mark Gallagher, 3 Perchy View, Wishaw, ML28DY received 6'h August 2010. Letter from Graham Jinks, Planning and Development, received on behalf of Mr and Mrs Hillhouse, 287 Glasgow Road, Wishaw. Email from Mr Sandro Di Nardo, 2-4 Glasgow Road, received 20thAugust 2010.

Consultation Responses:

Memo from Transportation received 1" September 2010 Memo from Environmental Health (including Pollution Control) received 24'h August 201 0

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

2ndSeptember 2010 APPLICATION NO. 10/00824/FUL

REPORT

1. Site Description

1.I The application site is the former petrol filling station and yard at 285 Glasgow Road, Wishaw. The site is bound by the railway line to the south and east, flatted dwellings to the north across Glasgow Road and a detached dwelling to the west with the industrial site, Beltane Products beyond.

2. Proposed Development

2.1 Planning permission is sought for the erection of a drive through restaurant with associated parking and landscaping. The restaurant is to be situated fronting on to Glasgow Road with the access being taken from the north eastern corner to the car park area to the rear. The drive through facility is to loop around the western section of the building exiting via the main car park onto Glasgow Road to the east side of the building. The building is to be single storey and is to be finished in pre fabricated powder coated metal cladding and glazing.

3. Applicant’s Sumortina Information

3.1 A supporting statement has been submitted in respect of the application outlining the planning policies covering the application site in addition to the proposed hours of operation, travel patterns of customers and employment details.

4. Site History

4.1 The site was formerly occupied by a petrol filling station, however it has lain vacant for a number of years following the clearance and clean up of the site.

5. Development Plan

5.1 Two thirds of the site fronting onto the road is identified as Policy RTL9 (Other Commercial Uses), with the remaining third being identified as IND8 (Established Industrial Areas) in the Southern Area Local Plan 2008.

6.

6.1 Transportation have advised on the requirements for the visibility splay, the junction radii and have raised concerns regarding the internal parking layout and potential for conflict with service vehicles.

6.2 Protective Services have requested the submission of a site investigation report, details of the proposed lighting scheme and they recommended limits on noise levels.

7. Representations

7.1 Three letters of representation have been received following the neighbour notification and press advertisement procedures. One letter supports the application and two raise objections. The objections can be summarised as follows:

a. The drive through facility would have a detrimental impact on the amenity experienced by the dwelling to the east of the site. High levels of noise, nuisance and littering is likely to occur. Although the previous use of the site as a petrol filling station generated significant traffic levels predominantly during the day the proposed use would generate significant traffic on a short stay basis up to 11:30pm to the detriment of residential amenity. b. The proposed 2.3 m landscaped buffer does not provide adequate screening and protection to the objector’s property. This should be amended to a 5 metre buffer with a 1 metre low level fence between the landscaped area and car parking spaces. C. The hours of operation should be restricted, Monday to Sunday from 8am to IOpm. d. A lockable barrier should be utilised to restrict parking in the area out of business hours. e. The land register indicates a servitude right of access exists over a 2metre strip of ground to the east of the objectors dwelling. The site plan requires to be amended to show this. f. The proposed development will result in too much competition and the closure of similar businesses nearby. g. Overprovision of hot food takeaways given the existence of several similar outlets close to the site.

8. Plannina Assessment

8.1 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.

8.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies. The site is within an area covered by Policy RTLS (Other Commercial Uses) and IND8 (Established Industrial and Business Areas) in the Southern Area Local Plan 2008, Policies RTL11 (Bad Neighbour Developments) and TR13 (Assessing the Transportation Implications of Development) are also relevant

8.3 Policy RTLS states that new uses will be considered in light of the other policies contained within the Local Plan and that particular regard should be given to their potential compatibility with surrounding land uses. Policy IND8 seeks to protect and enhance established industrial and business areas. It is considered that the proposed drive through restaurant would be compatible with both policies in land use terms taking into account the previous use of the site as a petrol filling station in addition to the commerciaVindustriaI units to the west of the site. A dwelling is located to the west and flats are located to the north of the site, however it is considered that in land use terms, the principle of the development is acceptable, subject to its detailed assessment against policy RTLI 1. It is therefore considered that the development complies with the aims of Policies RTLS and IND8.

8.4 Policy RTL 11 states that the preferred locations for Bad Neighbour Developments are Town Centre Areas and Secondary Village and Neighbourhood Areas and in assessing proposals, the Council will consider; the impact of the development on the character and amenity of adjoining properties; the resulting mix of retail and non retail uses; detailed design elements; and the provision made for vehicular access, servicing and parking. As noted above, the location of the proposed development is in accordance with the RTLS and IND8 zoning of the site. The site is within the linear commercial/industriaI area on the southern side of Glasgow Road, a busy through route from Motherwell to Wishaw. The proposal is considered to be an acceptable use at this mixed commercialhesidential location as it would not be out of character with other uses in the wider area. The dwellings to the north are in excess of 30 metres from the site and will not be adversely affected given the distance from the application site. In order to minimise the impact on the dwelling at 287 Craigneuk Street, a condition is proposed to install a 1.8 metre acoustic fence between the drive through and the objectors property with a 3 metre service strip between. The hours of operation proposed by the applicant are considered appropriate with the exception of Sundays, given that the previous use of the site as a 24 hour petrol filling station, it is therefore considered appropriate to restrict the hours of opening on a Sunday from 8am to 11:30pm. Furthermore, a late hours catering license will be required for the premises to open beyond Ilpm, this would be assessed by the licensing board. It should be noted that Protective Services raised no concerns about potential adverse impacts on nearby residential properties. In terms of scale and design of the proposed building, the building is to be single storey and is to be finished in pre fabricated powder coated metal cladding and glazing. It is considered that the building will be in keeping with the nearby industrial and retail units, in terms of character and scale. The application proposes to utilise the existing eastern access from Glasgow Road and the site includes the provision of parking and turning facilities and the full implications for access, servicing and parking are assessed below. It is therefore considered that the proposal complies with Policy RTL 11.

8.5 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the road network and adjoining land uses; and provisions made for access, parking and vehicle manoeuvring. As indicated above, Transportation have commented on the junction radii and visibility splays, and it is proposed to impose conditions relating to the sightlines and junction radii. In connection with the comments received in connection with the internal parking layout, the applicant has submitted detailed drawings covering delivery vehicles. It is proposed to utilise some of the parking bays to the front of the restaurant, similar to other types of facilities in the area. It is therefore considered that the development complies with the aims and objectives of policy TR13.

Finalised Draft North Lanarkshire Local Plan

8.6 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

Consultations

8.7 In terms of the consultation responses, Transportations comments are addressed at paragraph 8.5 above. In relation to the comments raised by Protective Services, it is considered appropriate to condition the submission of a site investigation report, the erection of an acoustic fence and a condition restricting noise from air condition and ventilation units.

8.8 In response to the points of objection raised, I would advise:

a. The impact of the development on residential amenity has been discussed above in paragraph 8.4. b. The buffer of 4.5 metres from the drive through to the gable wall of the objector’s property, in combination with the 1.8 metre high acoustic fence and the existing boundary fence is considered to sufficiently reduce the impact of the development on the adjacent residential amenity. c. The proposed hours of operation of 7am to 11:30 pm Monday to Saturday and 8am to 11:30pm on Sundays are considered to be acceptable and are to be conditioned accordingly. d. Amended plans have been submitted detailing the requested barrier across he entrance to the site, to restrict out of hours access. e. The site plan has been amended to reflect the servitude right of access. f.&g. Competition and over provision not material considerations.

9. Conclusions

9.1 It is recognised that the proposal is primarily in accordance with the adopted Local Plan as the proposals relate to a commercial development on a commercially zoned site, leading to the improvement and reuse of a redundant commercial brown field site. I am satisfied that the development will not unacceptably impact on the amenity and privacy of the adjacent properties and will not adversely affect the road network Taking account of these matters it is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

10/00863/FUL Change of Use of Public Open Space to Private Garden Ground Site Address:

Ground To The Rear Of 173 Bonkle Road Newmains Wishaw ML2 9AL

Date Registered:

1st August 2010

Applicant: Agent: Mrs Lindsey Reid Kenny Miller 173 Bonkle Road 29 Tern Road Newmains Dunfermline Wishaw KY11 8GA ML2 9AL

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 9 Murdostoun No letters of representation received. Robert McKendrick, James Martin, Nicky Shevlin, John Taggart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to be an acceptable departure from the relevant policies of the Southern Area local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan as it can be accommodated without detriment to the surrounding area. Produced by PLANNING APPLICATION SI 10 I 00863 / FUL krth Lanarkshire Coundl Planning and bvimnment Departmnt, Change of Use of Public Open Space to Prkate Garden Ground

Ground To The Rear Of 173 Bonkle Road, Newmains, Wishaw tel0 16 98 27427 Cx 01698 43053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number;- 41 202

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

3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).

4. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt no walls or fences shall exceed 2 metres in height. Thereafter any walls or fences erected shall be implemented as per the approved details.

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

5. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the dwellinghouse, other than that expressly authorised by this permission.

Reason: To enable the Planning Authority to retain effective control and to retain the open aspect of this site.

6. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006). Backaround PaDers:

Representation Letters

None.

Consultation Responses:

Greenspace Services received 1gth August 201 0

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 2741 13

Report Date:

26th August 201 0 APPLICATION NO. 10/00863/FUL

REPORT

1. Site Description

1 .I The application site is located to the rear of 173 Bonkle Road and consists of an area of grassed public open space measuring 500m2. The piece of ground lies adjacent to a public footway and is relatively flat.

2. Proposed Development 2.1 The application seeks planning permission for the change of use of the ground from public open space to private garden ground.

3. Applicant’s Supportina Information

3.1 The applicant has provided no supporting information with respect to the application.

4. Site Historv 4.1 There is no relevant site history.

5. Development Plan

5.1 The site lies within an area covered by policy L3 (Protected Open Space) in the Southern Area local Plan 2008.

6. Consultations

6.1 The following consultees have no objection to the proposed development:

Greenspace Services

7. Representations 7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received with regard to the proposed development.

8. Plannina Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy L3 (Protected Open Space) in the Southern Area Local Plan 2008.

AdoDted Local Plan:

8.2 Policy L3 seeks to protect from development formal and informal public and private open space by resisting proposals which would adversely affect such spaces. The removal of this small area for private amenity space would result in the removal of some of the protected open space, however the area in question is not considered to be of any significant value in terms of recreational amenity and a large area of open space will still remain. The open space in question is fairly non descript and provides little amenity value to the surrounding residential properties. The proposed removal of this piece of open space is contrary to policy L3 but is considered acceptable.

Finalised Draft North Lanarkshire Local Plan

8.3 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however the zoning and policy position remains unaltered from the Adopted Plan.

Consultations:-

8.4 With respect to the consultation response Landscape have no objections.

9. Conclusions

9.1 The proposed garden ground extension is considered to be acceptable at this particular location. The proposed development is therefore considered an acceptable departure from local plan policy and is therefore recommended for approval subject to the conditions above. Application No: Proposed Development:

10/00872/PPP Proposed Dwellinghouse Site Address:

Land At Greenhill Farm Greenhill Road Hareshaw Motherwell ML1 5NF

Date Registered:

4th August 201 0

Applicant: Agent: Ms Marjory Donald N/A Greenhill House 1 Greenhill Road Hareshaw Cleland ML1 5NF Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 012 Fortissat No letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification: I . Proposed Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters for the relevant plot:- (a) the siting, design, external appearance and configuration of the dwellinghouse; (b) the means of access to the plot; (b) the design and location of all boundary walls, retaining walls and fences; (c) details of existing and proposed plot site levels; (d) the provision of drainage works.

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

2. That the development hereby permitted shall be started, either within 3 years of the date of this permission, or within 2 years of the date of which the last of the matters specified in condition 1 above are approved, whichever is the later.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

3. That the total number of dwellinghouses within the site shall be not more than 1.

Reason: To enable the Planning Authority to retain effective control, in order to protect the amenity and character of the area..

4. That notwithstanding the requirements of condition (1) above the matters specified by conditions application to be submitted shall include the following details:- (a) Plot layout, dwellinghouse design, external materials, boundary treatments, parking provision and driveway specifications; (b) The front garden shall be a minimum depth of 8 metres following the building line established by the line coloured BROWN on the approved plans, the rear garden shall be a minimum depth of 15 metres, there shall be a minimum width of 2.5 metres from gable walls to the boundaries (including integral garages); (c) The dwellinghouse shall not exceed one storey in height (but may include attic accommodation) and the dwellinghouse shall all have traditional double pitched roofs, the roof line shall for the majority of its length be parallel with the adjacent road; (d) Roof tiles shall be flat profiled, grey or black in colour, the use of facing brick shall be restricted to the base course and decorative features only, and external walls shall be finished in a white or off white render. (e) In curtilage parking shall be provided at the rate of 2 spaces for a 2 bedroom dwellinghouse, 3 spaces for 3 and 4 bedroom dwellinghouse and 4 spaces for a 5 bedroom dwellinghouse. (f) A turning facility shall be provided within the curtilage of the plot; and (9) The driveway shall meet the road at right angles.

Reason: To define the permission and to ensure that dwellinghouse is appropriate for the plot and for the general area.

5. That notwithstanding condition (1) above, no walls or fences shall be erected along the front boundary of the plot without the prior written consent of the Planning Authority.

Reason: To ensure that the development is sympathetic to its rural setting, in the interests of the visual amenity of the area.

6. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 any walls or fences which shall be erected beyond the rear of the dwellinghouse, hereby approved in principle, shall not exceed 1 .O metre in height without the prior written consent of the Planning Authority. Reason: To ensure that the development is sympathetic to its rural setting, in the interests of the visual amenity of the area.

7. That notwithstanding the requirements of condition (4) above, 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.

8. That within six months of the occupation of the dwellinghouse, a hawthorn hedge shall be planted along the rear boundary line of the plot and thereafter retained to the satisfaction of the Planning Authority.

Reason: To ensure that the development is sympathetic to its rural setting, in the interests of the visual amenity of the area.

9. That before the dwellinghouse hereby permitted is occupied, everything exceeding 1.05 metres in height above road channel level, shall be removed from the sight line areas approved and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

10. That before the dwellinghouse is occupied, the associated driveway shall be completed and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material.

Reason: To prevent deleterious material from being carried onto the public road, in the interests of traffic safety.

11. That the detailed application to be submitted in accordance with condition (1) is to accompanied, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

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

12. That the SUDS compliant surface water drainage scheme approved in terms of Condition 11 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, and before the development hereby approved is brought into use, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

13. That before the 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.

Reason: To ensure the suitability of the site for the proposed development.

14. That on completion of any remedial works identified by the site investigation required under the terms of Condition (13) and before the dwellinghouse within the site is occupied, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

Reason: To ensure the site is free of contamination.

15. That before development starts, the applicant shall provide written confirmation to the Planning Authority that a) all the requirements of Scottish Water have been fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development and b) that the drainage proposals are acceptable to the Scottish Environment Protection Agency.

Reason: To ensure the provision of satisfactory drainage arrangements.

16. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

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

17. That within 4 weeks of the last house within the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

18. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the stamped approved drawings.

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

Consultation Responses:

Memo from Transportation received 2ndSeptember 201 0. Memo from Protective Services received 25'h August 2010.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

2ndSeptember 2010 APPLICATION NO. 10/00872/PPP

REPORT

1. Site Description

1.1 The application site is a vacant area of land, west of Greenhill Farm, Greenhill Road, Hareshaw. The site is bound by Greenhill Farm to the north and east plots 4 and 5 of planning approval 09/01381/FUL to the west and by open land to the south. The site gently slopes down from north east to the south west. Existing and proposed contours have been submitted with the application. The majority of the dwellings within the local vicinity are single storey with attic accommodation, no higher than 7.5 metres in height.

2. Proposed Development

2.1 Planning permission in principle is sought for the erection of a dwellinghouse on the site. The 880 square metre plot is to be linear in nature, fronting onto Greenhill Road. In addition to the plot boundaries, the applicant has submitted existing and proposed site levels and a contour plan of the site, showing current site levels.

3. Applicant’s Supportina Information

3.1 No additional information has been submitted in support of the application.

4. Site History

0 05/01 168/OUT Construction of Four Dwellinghouses on land south west of Greenhill Farm refused 14‘h September 2005. 0 07/00771/OUT Construction of 4 Dwellinghouses on land south west of Greenhill Farm withdrawn 1gth July 2007. 0 08/00201/OUT Construction of Dwellinghouse (In Outline) on land south west of Greenhill Farm refused 1 May 2008. 0 08/00788/OUT Erection of Four Dwellinghouse on land south west of Greenhill Farm withdrawn 2gthJuly 2009. 0 09/01381/FUL Formation of Two Residential Plots on land north west of the site approved 25‘h February 2010.

5. Development Plan

5.1 The site is identified as land forming part of the ‘Green Belt’ in the Southern Area Plan to which policy ENV6 applies.

6. Consultations

6.1 A summary of comments from consultees are as follows:

i. Transportation have no objections subject to conditions relating to access, visibility and the provision of adequate parking and turning facilities and a 2 metre wide footway along the site frontage. ii. Protective services have requested that a Site Investigation Report be submitted prior to the start of works on site.

7. Representations

7.1 No letters of representation were received following the neighbour notification and press advertisement procedures. 8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application is not of strategic significance and therefore only requires to be assessed against the relevant Local Plan for this area.

Adopted Local Plan

8.2 The site is zoned Green Belt in the Southern Area Local Plan 2008 to which Policy ENVG applies. Policy ENVG presumes against any development that will affect the character and function of the Green Belt, other than that directly associated with an appropriate rural use. The application is therefore contrary to Policy ENVG of the Southern Area Local Plan 2008 as no acceptable rural justification has been provided.

Finalised Draft North Lanarkshire Local Plan

8.3 The Finalised Draft North Lanarkshire Local Plan (FDNLLP) is a material consideration in the assessment of this application and zones the area as HCFIA Protecting Residential Areas and Community Facilities. This site is proposed to be released from the green belt as part of the green belt review undertaken as part of the FDNLLP. No adverse comments were received during the Finalised Draft Local Plan Stage and therefore significant weight can be attached to the allocation of the site within the village envelope. Policy HCFlA, states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. Planning permission in principle has been approved for two dwellings to the west and in assessing the application, it is considered that in principle a further house at this location would not adversely affect the amenity enjoyed by the existing or proposed dwellings in the vicinity.

8.4 Policy DSP 1 Amount of Development is relevant to this proposals with specific reference to Criteria B Potential Additions to Planned Land Supplies. Additions to housing land supplies greater than 10 dwellings on Greenfield sites are required to be justified by demand assessments. In this instance the proposed number of dwellings is lower than the threshold and as such the proposals are considered to comply with Policy DSP 1. Policy DSP 2 Location of Development is relevant to this proposal with specific reference to Criteria B: Potential additions to planned land supplies. The site is identified as being within the village boundaries within the NLLP and it is considered that the proposed location, adjacent to the recently approved plots within the village is acceptable and complies with Policy DSP 2.

8.5 Policy DSP 4 Quality of Development states that development will be permitted where sustainable design standards and site planning are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with design principles which lead to the creation of a distinct, successful places addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through over looking, loss of privacy or amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4. The development is linear in nature, fronting onto Greenhill Road and is to be bound by dwellings to the north west. It is considered appropriate to utilise planning conditions to set the building line for the plotted dwelling so that the building line would project no further than the dwellings on the northern side of Greenhill Road. The sectional plan submitted gives an indication as to the proposed ground levels of the site, relative to the road, the details submitted demonstrate that there is the ability to integrate the dwelling within the landscape. No details have been submitted in relation to building heights, however it is considered appropriate in this instance, given the rural location of the site, to restrict building heights, materials and window detailing through the imposition of suitable planning conditions, as per previous consents for the village. No trees front this application site. Following assessment of the plot dimensions, the plot is shown to substantially exceed the Council’s minimum open space standards around dwellings in relation to useable garden ground. In order to bring all matters together under the matters specified by conditions application, it is proposed to restrict the consent through planning conditions to ensure that the Council’s guidelines and design requirements are satisfactorily addressed. In the assessment of the transportation implications of the development, Transportation have raised no objections and I am satisfied that their required standards can be achieved through the imposition of suitable planning conditions. Furthermore these issues will be considered in more detail with the required matters specified by conditions application. It is considered that in principle the proposed house would be in keeping with the development pattern of Hareshaw and the character of this area of Greenhill Road. It is therefore considered that the proposals are acceptable in terms of the requirements of policy DSP 4.

Consultations

8.6 In response to the comments received by Protective Services, a planning condition is proposed requiring the submission of a site investigation report. In assessing the drainage implication of the development it is considered that in accordance with SEPA guidelines, it is appropriate to secure the submission of finalised details through planning Conditions. In addition, it is proposed to attach the standard planning conditions relating to the submission of full details of Scottish Water’s approval of the proposed drainage connections.

9. Conclusions

9.1 In conclusion, this planning application for a single house plot has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance, justification exists for departing from the approved zoning of the site as Green Belt within the Southern Area Local Plan (2008). The proposed development will contribute to the rounding off the settlement boundary of Hareshaw, as identified in the Finalised Draft North Lanarkshire Local Plan, which has been publicised and no representations have been received. Following detailed assessment of the application, it is considered that the proposed development is acceptable when considered against the relevant policies of the Finalised Draft North Lanarkshire Local Plan. In terms of the proposed layout and detailed design elements, the proposed conditions can direct the development in a satisfactory manner. It is therefore recommend that the application be granted subject to conditions. Application No: Proposed Development:

10/00875/FUL Change of Use of Shop to Hot Food Takeaway Shop Site Address:

4 Thrashbush Road Cambusnethan Wishaw North Lanarkshire

Date Registered:

3rd August 201 0

Applicant: Agent: I.N.I. Enterprises Stanley Cook C/o 12 Beveridge Terrace 12 Beveridge Terrace Mossend Mossend Bellshill Bellshill ML4 2RJ ML4 2RJ

Application Level: Contrary to Development Plan: No Local

Ward: Representations: 01 9 Murdostoun 153 letters of representation received. Robert McKendrick, James Martin, Nicky Shevlin, John Taggart,

Recommendation: Refuse

Reasoned Justification:

The proposed development fails to meet the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan. The proposal cannot be accommodated without detriment to the surrounding residential area in terms of amenity and traffic impact. PLANNING APPLICATION 10100875~FUL Produced by kh Lanarkshire Counal Planning and huimnment Departmnt. Change of Use of Shop to Hot Food Takeaway Shop

4 Thrashbush Road, Cambusnethan, Wishaw. Rep re sentati o n tel01898 2742747 * 1 : 1,250 br 01898 403053 Recommendation: Refuse for the Following Reasons:-

1. That the proposed development is contrary to the Council's aim of directing such development to town centres or secondary retail areas and would be detrimental to the character and amenity of the adjoining residential area by virtue of noise, odours and general disturbance through the introduction of an inappropriate use to the area. It would also pose a hazard to traffic safety as there is inadequate car parking at the site and this would result in vehicles parking on-street to the detriment of road safety and the amenity of the surrounding residential area. As such, the proposal is contrary to Policies HSG7, RTL1, RTL4, RTL11 and TR13 of the Southern Area Local Plan 2008.

Backaround PaDers:

Representation Letters

Letter from Owner/Occupier, 3 Thrashbush Avenue , Cambusnethan , Wishaw received 24'h August 2010. Letter from Michelle Logan, 3 Thrashbush Crescent, Cambusnethan , Wishaw received 24'h August 2010. Letter from Helen Wynn, 3 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 2010. Letter from Ann-Marie Lees, 43 Thrashbush Avenue , Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 11 Thrashbush Crescent, Cambusnethan , Wishaw received 24'h August 2010. Letter from A Lees, 43 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from J Lees, 43 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from John Lees, 43 Thrashbush Avenue, Cambusnethan , Wishaw received 24'h August 2010. Letter from P Gibson, 2 Thrashbush Avenue, Cambusnethan , Wishaw received 24'h August 2010. Letter from John Gibson, 2 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 18 Mossneuk Park, Cambusnethan, W ishaw received 24'h August 2010. Letter from M McClure, 24 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from M Law, 4 Mossneuk Crescent, Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 12 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from Elizabeth Taggart, 36 Mossneuk Park, Coltness, Wishaw received 24'h August 2010. Letter from Kirsty Taggart, 36 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from Victoria Taggart, 36 Mossneuk Park , Cambusnethan , Wishaw received 24'h August 2010. Letter from Jean Patrick, 13 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Clare McElroy, 10 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from L McGhie, 21 Thrashbush Road, Cambusnethan , Wishaw received 24'h August 2010. Letter from M Campbell, 14 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from M Sneddon, 16 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from D Sneddon, 16 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 20 Mossneuk Park, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 18 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from Sandra Preston, 33 Mossneuk Park, Cambusnethan , Wishaw received 24*h August 2010. Letter from J C Shearer, 22 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from Anne Smith, 23 Mossneuk Park, Coltness, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 21 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from T Montgomery, 14 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 43 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 2010. Letter from Mrs Hattie, 38 Thrashbush Crescent, Cambusnethan , Wishaw received 24'h August 2010. Letter from Jean Hall, 45 Thrashbush Road, Cambusnethan , Wishaw received 24th August 2010. Letter from Owner/Occupier, 49 Thrashbush Road, Cambusnethan , Wishaw received 24'h August 2010. Letter from J H Manchline, 4 Thrashbush Avenue , Cambusnethan , Wishaw received 24th August 2010. Letter from M Crumley, 23 Thrashbush Road, Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 29 Thrashbush Road, Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 35 Thrashbush Road, Cambusnethan , Wishaw received 24'h August 2010. Letter from S Crawford, 3 Baird Place, Cambusnethan , Wishaw received 24'h August 201 0. Letter from M Russell, 6 Northmuir Drive, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Allan Caulfield, 20 Northmuir Drive , Cambusnethan , Wishaw received 24'h August 2010. Letter from D Russell, 6 Northmuir Drive , Cambusnethan , Wishaw received 24'h August 201 0. Letter from Saceed Ashauf, 1A Northmuir Drive, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 9 Northmuir Drive, Cambusnethan, Wishaw received 24'h August 2010. Letter from L Donnelly, 26 Northmuir Drive , Cambusnethan , Wishaw received 24'h August 2010. Letter from Richard Connell, 17 Northmuir Drive, Cambusnethan , Wishaw received 24'h August 2010. Letter from Angela Cassidy, 40 Northmuir Drive, Cambusnethan, Wishaw received 24'h August 2010. Letter from Robert Preston, 33 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from Robert Charnley, 109 Cambusnethan Street, Cambusnethan , Wishaw received 24'h August 201 0. Letter from M Blackhurst, 25 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from Michelle Slavin, 6 Thrashbush Avenue, Cambusnethan , Wishaw received 24'h August 2010. Letter from Andrew Diver, 10 Northmuir Drive, Wishaw, ML2 8NR received 24'h August 2010. Letter from Owner/Occupier, 32 Branchalfield Drive, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Margaret Dunn, 16 Thrashbush Crescent , Cambusnethan , Wishaw received 24'h August 201 0. Letter from J McMillan, 12 Greenfield Crescent , Cambusnethan , Wishaw received 24'h August 201 0. Letter from S G Blackhurst, 25 Mossneuk Park, Coltness, Wishaw received 24'h August 201 0. Letter from Hugh McMillan, 12 Greenfield Crescent , Cambusnethan, Wishaw received 24'h August 201 0. Letter from J G Law, 4 Mossneuk Crescent, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 101 Cambusnethan Street, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 51 St Kilda Way, Wishaw, received 24'h August 2010. Letter from Owner/Occupier, 60 Thrashbush Road , Cambusnethan , Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 12 Thrashbush Avenue , Cambusnethan, Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 8 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from Jim Kennedy, 22 Northmuir Drive, Cambusnethan, Wishaw received 24'h August 2010. Letter from Delia Costello, 10 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Joe Costello, 10 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 16 Northmuir Drive , Cambusnethan , Wishaw received 24th August 201 0. Letter from Owner/Occupier, 18 Northmuir Drive, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 1A Northmuir Drive, Cambusnethan, Wishaw received 24'h August 2010. Letter from Christine Marshall, 39 Greenfield Drive, Cambusnethan, Wishaw received 24'h August 201 0. Letter from D Armstrong, 39 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Rebcca Nicol, 33 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 1 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from Colin Forrest, 31 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from John Jackson, 12 Thrashbush Road , Cambusnethan, Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 16 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 201 0. Letter from J Gemmell, 18 Greenfield Drive, Cambusnethan, Wishaw received 24'h August 201 0. Letter from R O'Mally, 4 Northmuir Drive, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 21 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Lorraine McGhie, 21 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Jenny Graham, 38 Northmuir Drive, Cambusnethan , Wishaw received 24'h August 201 0. Letter from A Anderson, 38 Northmuir Drive , Cambusnethan , Wishaw received 24'h August 2010. Letter from M Armit, 31 Northmuir Drive , Cambusnethan , Wishaw received 24'h August 201 0. Letter from Janette Carson, 32 Northmuir Drive , Cambusnethan , Wishaw received 24'h August 2010. Letter from Katherine Wood, 28 Northmuir Drive , Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 12 Thrashbush Crescent, Cambusnethan , Wishaw received 24'h August 2010. Letter rom M Marshall, 65 Northmuir Drive , Cambusnethan , Wishaw received 24'h August 2010. Letter from Claire Quigley, 15 Webster Grove, Cambusnethan , Wishaw received 24'h August 2010. Letter from Jessie Meechan, 47 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 34 Thrashbush Avenue, Cambusnethan , Wishaw received 24'h August 2010. Letter from Patrick Dunn, 16 Thrashbush Crescent, Cambusnethan , Wishaw received 24'h August 2010. Letter from M G McCulloch, 36 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 49 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 2010. Letter from Elizabeth McGuigan, 25 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from Gerard Crumley, 23 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 2010. Letter from Paul Crumley, 23 Thrashbush Road , Cambusnethan, Wishaw received 24'h August 2010. Letter from Lee Ann Forrest, 31 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from lsobel Munro, 61 Thrashbush Crescent, Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 61 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 36 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 2010. Letter from John Smith, 139 Cambusnethan Street, Cambusnethan, Wishaw received 24'h August 2010. Letter from G Johnston, 3 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from L Hall, 26 Mossneuk Park, Cambusnethan, Wishaw received 24'h August 2010. Letter from lsobel Hannah, 34 Mossneuk Park, Cambusnethan, Wishaw received 24'h August 2010. Letter from J Hannah, 34 Mossneuk Park , Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 36 Mossneuk Park , Cambusnethan , Wishaw received 24'h August 2010. Letter from W Wilson, 52 Northmuir Drive , Cambusnethan, Wishaw received 24thAugust 201 0. Letter from Peter Gray, 48 Northmuir Drive, Cambusnethan, Wishaw received 24'h August 2010. Letter from M Simpson, 29 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from William Martin, 31 Mossneuk Park , Cambusnethan , Wishaw received 24'h August 201 0. Letter from Owner/Occupier, 21 Mossneuk Park , Cambusnethan , Wishaw received 24'h August 2010. Letter from J Jones, 21 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from Kathleen Smith, 20 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from R Sneddon, 27 Mossneuk Park , Cambusnethan, Wishaw received 24'h August 2010. Letter from William Simpson, 29 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 31 Northmuir Drive, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 12 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 2010. Letter from Alan Brown, 45 Coldstream Crescent, Cambusnethan, W ishaw received 24'h August 2010. Letter from P Allan, 257 Cambusnethan Street, Cambusnethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 2 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 2010. Letter from A Russell, 28-30 Cambusnethan Street, Cambusnethan , Wishaw received 24'h August 2010. Letter from Claire Hinds, 8 Westgate , Cambusnethan, Wishaw received 24Ih August 2010. Letter from Pamela Wilson, 12 Westgate, Cambusnethan, Wishaw received 24'h August 2010. Letter from T Marshall, 20 Cambusnethan Street, Cambusbethan, Wishaw received 24'h August 2010. Letter from Owner/Occupier, 47 Birkshaw Tower, Gowkthrapple, Wishaw received 24'h August 2010. Letter from Mrs Henderson, 27 Thrashbush Avenue, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Ashley Cringles, 139 Cambusnethan Street, Cambusnethan , Wishaw received 24'h August 201 0. Letter from John Simpson, 22 Eastmuir Street, Cambusnethan , Wishaw received 24'h August 2010. Letter from Owner/Occupier, 8 Greenfield Crescent, Cambusnethan, Wishaw received 24'h August 2010. Letter from R Anderson, 38 Cambusnethan Street, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Graham Smith, 57 Mossneuk Street, Cambusnethan, Wishaw received 4Ih August 2010. Letter from Andrea Smith, 57 Mossneuk Street, Cambusnethan , Wishaw received 24'h August 2010. Letter from Mrs Grace Goodside, 8 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 2010. Letter from Mr William Goodside, 8 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 2010. Letter from Mrs L Ingram, 63 Mossneuk Park, Cambusnethan, Wishaw received 24'h August 2010. Letter from Mrs M M McDougall, 59 Mossneuk Park , Cambusnethan , Wishaw received 24'h August 2010. Letter from J H Dick, 65 Mossneuk Park, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Darren Bill, 74 Cambusnethan Street, Cambusnethan , Wishaw received 24Ih August 2010. Letter from Donna Bill, 74 Cambusnethan Street, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Mr A S Caldwell, 76 Cambusnethan Street, Cambusnethan , Wishaw received 24'h August 2010. Letter from Mrs Ann Caldwell, 76 Cambusnethan Street, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Mrs Margaret Logan, 78 Cambusnethan Street, Cambusnethan , Wishaw received 24'h August 201 0. Letter from Mr A Barron, 55 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Mr J Caffrey, 59 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Chris Allan, 55 Cambusnethan Street, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Mr And Mrs G Black, 6 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 2010. Letter from Shona O'Hare, 19 Thrashbush Road, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Paul O'Hare, 19 Thrashbush Road, Cambusnethan , Wishaw received 24'h August 2010. Letter from Councillor Robert McKendrick, Member Services, Civic Centre, Motherwell received 24'h August 201 0. Letter from Councillor James Martin, Member Services, Civic Centre, Motherwell received 24'h August 201 0. Letter from Councillor Nicky Shevlin, Member Services, Civic Centre, Motherwell received 24'h August 201 0. Letter from Margaret Barron, 55 Thrashbush Crescent, Cambusnethan, Wishaw received 24'h August 201 0. Letter from Mrs I Adams, 67 Mossneuk Park, Cambusnethan, Wishaw received 24'h August 201 0. Letter from A Adams, 67 Mossneuk Park, Cambusnethan, Wishaw received 24'h August 201 0.

Consultation Responses:

Memo from Transportation received 3rdSeptember 201 0. Memo from Protective Services received 24'h August 2010.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01 698 2741 19

Report Date:

3rdSeptember 2010 APPLICATION NO. 10/00875/FUL

REPORT

1. Site Description

1.1 The application site is a single storey detached unit at 4 Thrashbush Road, Wishaw, located within a predominantly residential area. The site is bounded by open space to the south and residential properties to the east, north and west.

2. Proposed Development

2.1 Planning permission is sought for the change of use of the hairdressers to a hot food take away. As part of the application submission, it is proposed to install three dedicated off street parking spaces, accessed from Thrashbush Road.

3. Applicant's Sumortina Information

3.1 No additional information has been submitted in support of the application.

4. Site Historv

4.1 Planning permission 03/01453/FUL for the Change of Use of Shop to Form Hot Food Take Away at 4 Thrashbush Avenue was refused on the 22ndDecember 2003 on the grounds of road safety and for being incompatible with the surrounding land use.

4.2 Planning permission 07/01799/FUL for the external alteration to the shop was approved 18'h January 2008.

5. Development Plan

5.1 The site is within an area covered by Policy HSG7 (Established Housing Areas) in the Southern Area Local Plan 2008.

6. Consultations

6.1 Transportation advised that 4 incurtilage car parking spaces are required. The applicant has shown 3 spaces, however there positioning and size is substandard in that they are required to be 6 metres in length with provision for pedestrians with their location being beyond the rear of the footway.

6.2 Protective services have advised on the requirements for the installation of ventilation equipment and the control of cooking odours.

7. Rewesentations

7.1 153 letters of representation have been received following the neighbour notification and press advertisement procedures. Three of which have been received from Councillor Shevlin, Councillor McKendrick and Councillor Martin. The objections can be summarised as follows:

a. The proposed site is in a residential area, where further residential properties for the elderly are being built across the road. b. The site is close to a roundabout on the main road to Wishaw and Newmains and would not help with traffic congestion. C. Youths would loiter in the area as there are already issues with the shops and fast food shops in Cambusnethan. d. Litter and odours from the site would impact on the residential properties. e. There are sufficient outlets in the local area. 8.

8.1 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.

8.2 It should be noted that the application raises no strategic issues. This application must therefore be assessed against the relevant development plan policies. The site is within an area designates as Policy HSG7 (Established Residential Areas) in the Southern Area Local Plan 2008, policies RTLI (Retail Development), RTL4 (Assessing Applications for Retail Development), RTLI 1 (Assessing Applications for Bad Neighbour Developments) and TR13 (Assessing the Transportation Implications of Development) are also relevant.

8.3 Policy HSG 7 indicates that the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with residential setting or adversely affects amenity. The current use of the site as a Class 1 Retail outlet is long standing and is considered to be appropriate and supplementary to the residential setting of the site. It is however considered that the introduction of a hot food takeaway would adversely effect the privacy and amenity of the adjacent residential dwellings, by virtue of noise, fumes and general disturbance. It is therefore considered that the development is contrary to the aims of policy HSG7.

8.4 Policy RTLI (Retail Development) seeks to direct lesser retail development to town centres, village, neighbourhood and secondary commercial areas. Policy RTL 4 (Assessing Applications for Retail Development) details criteria against which retail development proposals should be assessed and includes: the availability of suitable alternative sites in or around town centres and the provisions made for vehicular access and parking and the proposal’s impact on pedestrian safety and traffic circulation. In relation to the proposed hot food take away, I consider that permitting this would be contrary to the aims of policy RTLI. Given that the site is not defined as a town centre, or a secondary, village or neighbourhood commercial area and taking into account the proximity of nearby residential properties, I consider this to be an inappropriate location for a hot food takeaway. No justification has been provided to demonstrate that there are no alternative sites in or around the area for the proposed hot food take away. Therefore the proposal is also contrary to Policy RTL4. The traffic issues relating to the proposal will be considered under assessment of the application against policy TR13 in paragraph 8.6 below.

8.5 Policy RTL 11 ‘Assessing Applications for Bad Neighbour Developments’ is also relevant to this application. This Policy lists several criteria to be taken into consideration, including; the impact of the proposal on the character and amenity of the adjoining properties and surrounding environment; the provisions made for vehicular access, servicing, parking, and the proposal’s impact on pedestrian safety and traffic circulation. As noted at paragraph 8.3 above, it is considered that the proposal will have an adverse impact on the amenity of the adjoining properties and surrounding environment and, as such, is considered to be contrary to Policy RTLl1. Whilst the site is currently used as a hairdressers, this location is not identified as a Neighbourhood Commercial Area and the proposed use should be located outwith residential areas in accordance with RTLI 1. In respect to additional traffic movement’s, vehicular access, servicing, parking, and the proposals impact on pedestrian safety, this is assessed in Policy TR 13 below.

8.6 Policy TR13 requires an assessment of the level of traffic generated from the proposal, the impact that the development will have on the road network and the provisions made for access, parking and vehicle manoeuvring. As detailed at paragraph 2.1, the application site benefits from three dedicated off street parking spaces. As indicated at paragraph 6.1 above, the Transportation has raised concerns that the proposed parking arrangements are substandard. This is likely to result in on street parking which would introduce a conflict of vehicle manoeuvres given the sites’ close proximity to the Thrashbush Road/Cambusnethan Street junction. The proposed development is therefore considered contrary to TR13.

Finalised Draft North Lanarkshire Local Plan

8.7 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position remains unaltered from the Adopted Plan.

Consultations

8.8 In terms of the consultation responses, Transportations comments are addressed at paragraph 8.6 above. In relation to the comments raised by Protective Services, should the Committee be minded to approve the application conditions would be required relating to noise restrictions for ventilationlair conditioning equipment and the mechanism for the extraction of fumes from the premises.

8.9 In response to the objections raised, I would advise:

a. The impact on residential amenity has been discussed above in paragraphs 8.3-8.5. b. Concerns regarding road safety are shared and have been discussed above in paragraph 8.6. C. Anti social behaviour is not a material planning consideration in the assessment of planning applications. d. Odours emanating from the premises and litter are not the subject of assessment by the planning authority and would be dealt with under environmental health legislation. However, it is noted that the proposed development is likely to adversely affect residential amenity as discussed in paragraphs 8.3 to 8.5. e. The over provision of facilities and adverse effects on property values are not material planning considerations.

9. Conclusions

9.1 In conclusion it is considered that the proposal is contrary to policies HSG7 (Established Residential Areas), RTL1 (Retail Development), RTL4 (Assessing Applications) RTLI 1 (Assessing Applications for Bad Neighbour Development) and TR13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan 2008 in that the development is located outwith a defined Town Centre or Neighbourhood Shopping Area and the proposal is likely to be detrimental to the character and amenity of the surrounding area by virtue of noise, odours and general disturbance from the introduction of an inappropriate use to the area and would cause a traffic and road safety hazard due to on street parking congestion. On this basis, I recommend that permission be refused for this application. Application No: Proposed Development:

10/00919/FUL Change of Use from Gospel Hall to Semi-Detached Dwellinghouse' and Formation of Front and Rear Dormer Windows

Site Address:

71 - 73 Kirk Road Wishaw ML2 7BT

Date Registered:

17th August 2010

Applicant: Agent: Mr John Lyons Planterra 10 Devine Court William Reilly Wishaw 16 St Ninians ML2 7ES Lanark ML11 7HX

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 020 Wishaw One letter of representation received. Clare Adamson, Samuel Love, Frank McKay, John Pentland,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshire Local Plan in that the proposal can be accommodated without detriment to the surrounding area. Produced by tbkm Lanarkshire Counul Change of Use from Gospel Hall to Planning and bmronment kpartmnt. Semi- Det ac hed Dwellinghouse and Formation of Rear Dormer Window.

71 - 73 Kirk Road, Wishaw tel 01898 274274 * Representation Cx 01698 403053 Proposed Conditions:-

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

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

3. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings; Location Plan; 228119; 22811 6; 228105; 228101 ; 228103; 228104; 22811 3; 228106; 228102; 228107 and 22811 0.

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

4. That the front, sides, and roof of the dormers hereby permitted shall be finished in grey tiles to match the existing roof.

Reason: In the interests of visual amenity

5. That before the dwellinghouse hereby permitted is occupied, a turning facility shall be provided within the curtilage of the plot.

Reason: To enable vehicles to enter and leave the site in forward gear at all times in the interests of traffic and pedestrian safety.

6. That before the development hereby permitted starts, unless otherwise agreed in writing by the planning authority, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

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

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

Reason: To ensure that boundary features are of acceptable quality.

8. That before the dwelling hereby permitted is occupied, the fence, or wall, as approved under the terms of condition 7 above, shall be erected.

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

9. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006) and to monitor the development and to enable the Planning Authority to retain effective control. Backaround PaDers:

Representation Letters

E-Mail from D Buchanan, 75 Kirk Road, Wishaw, ML2 7BT received 5'h September 2010

Consultation Responses:

Protective Services received 30thAugust 201 0

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 2741 13

Report Date:

7'h September 2010 APPLICATION NO. 10/00919/FUL

REPORT

1. Site Description

1.I The application site is an existing Gospel Hall located on the edge of Wishaw town centre at 71-73 Kirk Road, Wishaw. The hall is bounded by a bingo hall to the south, residential properties to the north and west and a mixture of commercial premises to the east. The Gospel Hall is attached to an existing dwelling that was formerly associated with the hall.

2. Proposed Development

2.1 The application seeks permission for the change of use from a Gospel Hall to a semi- detached dwellinghouse and the formation of front and rear dormer windows. The application proposes mainly internal alterations to separate the hall from the attached dwelling and the new semi detached dwelling will contain three bedrooms.

3. Applicant's Supportinu Information

3.1 The applicant has provided no supporting information with respect to the application.

4. Site History

4.1 The application site has been subject to a planning application which is of relevance which is a follows:

i) 10/0041UFUL Formation of Vehicular Access. Approved 2"dJuly 2010.

5. Development Plan

5.1 The site lies within an area covered by CS 2 (Established Community Facilities) in the Southern Area local Plan 2008.

6. Consultations

6.1 The following consultees have no objection to the proposed development:-

Protective Services

6.2 Transportation have no objections to the proposed development subject to conditions regarding visibility and surfacing of the access.

7. Representations

7.1 Following the standard neighbour notification and newspaper advertisement, 1 letter of representation has been received with regard to the proposed development. The objector is concerned that the proposed front facing dormer would result in overlooking of their property and garden area. The objector indicates that the distance between as the proposed dormer and kitchen window is 11.2 metres which is short of the 18 metre minimum distance. 8. Plannina Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and can therefore be assessed against Local Plan Policies. In this instance the Southern Area Local Plan 2008 is relevant, with the site being zoned as CS2 (Established Community Facilities). Policies HSG9 (Assessing Applications for Housing Development) and TR 13 (Assessing the Transport Implications of Development) are also relevant.

AdoDted Local Plan:

8.2 Policy CS2 (Established Community Facilities) in the Southern Area Local Plan seeks to protect established community facilities by resisting their loss where a shortfall in provision for that locality will result. The existing Gospel Hall has been vacant for a considerable period with no community use. Therefore notwithstanding the site’s zoning as an established community facility, it is considered that the proposed conversion of the hall into a dwelling is acceptable in principle as its loss will cause no significant reduction in community facilities.

8.3 Policy HSG 9 (Assessing Applications for Housing Development) sets out the criteria against which new housing proposals will be assessed including: impact of the development on the built and natural environment; detailed design elements; provisions made for landscaping and open space and provision made for roads, access, and parking provision. It is considered that in land use terms the change of use of the hall for residential use is acceptable and would not adversely affect the character and amenity of the area. The design of the proposed conversion and proposed dormer extensions are considered acceptable, whilst complementing the existing surrounding properties in terms of scale, style and finish. The design of the development is such that it would result in no loss of privacy to surrounding given the nature, position and orientation of neighbouring windows and would have no impact in terms of sunlighffdaylight. The proposed development does not meet the Councils “Open Space Standards” but is considered to be served by sufficient open space given the edge of town centre location. It is considered that the edge of town centre location, coupled with the proposal being for the re-use of a currently vacant building, is sufficient to warrant approval in this instance. The transportation issues are considered below.

8.4 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; the scope to integrate development proposals with existing public transport facilities; impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. As indicated above Transportation have no objections to the proposed development. The proposed development utilises an existing approved access and parking area for six vehicles which is considered adequate to serve the additional dwellinghouse given the edge of town centre location. A condition is proposed to ensure that a turning area be provided within the site. The applicants propose to utilise the existing access arrangements that serve the existing attached dwelling, which is unlikely to significantly increase the amount of traffic entering/leaving the site onto Kirk Road. It should be noted that the building could be re-used as a community facility without planning permission being required, and this would generate far more traffic than the proposed additional dwelling. The site is located such that it is well served by public transport facilities. In conclusion, the proposed development is considered acceptable and in accordance with policy TR13. Finalised Draft North Lanarkshire Local Plan:

8.5 A material consideration is the Finalised Draft North Lanarkshire Local Plan, however the zoning and policy position remains unaltered from the Adopted Plan.

RePresentations

8.6 In terms of the concerns raised regarding overlooking, the position and orientation of the proposed new dormer window relative to the existing windows on the objectors’ property is such that there will be no significant impact on the adjacent residential dwelling. The 18 metres window to window distance is not relevant as there are no directly opposing windows.

9. Conclusions

9.1 In conclusion, the proposed development meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and of the Finalised Draft North Lanarkshire Local Plan. The proposal would result in the physical improvement and re-use of a currently vacant building and thereby assist the regeneration of Wishaw. The proposed development can be accommodated within the area without detriment to the surrounding properties or road network. Notwithstanding the objection received it is recommended that permission be granted subject to conditions.