North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 13fhJune 2001

AGEMA ITEN NO......

Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved

1 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 13 JUNE 2001

Page No. Application No. Applicant Development/Locus Recommendation

6 N/OO/O 1476FUL Cumbemauld College Extension to Provide New Entrance Grant Rear Lobby Access Ramp and Formation of Additional Parking Areas Cumbernauld College North Carbrain Road Carbrain Cumbernauld

9 N/O U000 11 /LBC Cumbemauld College Demolition of Existing Access Ramp, Grant Erection of Front Entrance Area and Rear Ramp and Lobby Cumbernauld College North Carbrain Road Carbrain Cumbernauld

12 N/O1/00210/FUL Mr & Mrs S Pressley Erection of a House and a Garage Refuse Plot 20 Dullatur Road Dullatur Cumbernauld

16 N/O1/00214/FUL Tesco Stores Ltd Erection of Class 1 Foodstore and Petrol Grant (P) Filling Station with Associated Car Parking Servicing Highway Works (To Include Construction of Link Road One Acess Roundabout and Works on and Affecting the Solum of Tryst Road) and Land scaping Cumbernauld Town Centre Central Way Town Centre Cumbernauld

50 N/O1/00223/FUL Dine & Design COLtd Alterations and Extension to Dalshannon Grant Farm Dalshannon Farm Restaurant Main Road Condorrat Cumbernuald G67 4AY

54 N/O1/00271/FUL Mr & Mrs I Moir Erection of Dwelling Grant 106 Stirling Road Kilsyth G65 OHY

60 N/O1/00377/FUL Mr & Mrs Prim Extension to Dwellinghouse Grant 10 Drove Hill Balloch Cumbernauld G68 9DL

66 N/O 1/00400/FUL Highland Colour Erection of Industrial Building Grant (P) Coatings Ltd Site At Tower Road Blairlinn Cumbernauld

77 N/O 1/004 11 /FUL John Martin Erection of Garage Refuse 18 Backbrae Street Kilsyth G65 ONH

81 N/O 1/0043 8/OUT Gauld Properties Ltd Erection of Dwelling House (Outline) Refuse Auchengeich House Auchengeich Road Moodiesbum Chryston

87 N/O 1/00484/FUL Mr & Mrs Leckie Erection of Dormer Extension Refuse Glenburn Banton Kilsyth G65 ORA

91 N/O1/00521/FUL Peter Hayward Erection of Garage Grant 5 Wellesley Drive Blackwood Cumbernauld

2 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 13 JUNE 2001

Page No. Application No. Applicant Development/Locus Recommendation

95 N/O1/00532/FUL Joseph McCarroll Erection of Conservatory and Garage, Grant Extension and Garage Conversion of Exsiting Garage to Form Living Accommodation and Formation of Access 245 Cawder Road Carrickstone Cumbernauld

99 C/99/00096/ENV Tarmac Northern Limited Determination of Conditions Under Grant The Initial Review in Accordance With Schedule 9 of Section 74 of the Town And Country Planning (Scotland) Act 1997 for the Winning and Working of Whinstone at Cairneyhill Quarry, Forrest Road, Caldercruix, Airdrie

109 C/OO/OO653/FUL T B Wilson Conversion of Farm Steading to Form Grant One Additional Dwellinghouse at Gamqueen Farm, Main Street, Glenboig, Coatbridge

114 C/O 1/00066/FUL Mr W. Russell Erection of Roller Shutters to Refuse Shopfkont at 47 South Bridge Street, Airdrie

118 C/O 1/00 184/FUL Mr & Mrs J Greville Change of Use fiom Public Ground to Grant Private Garden Ground to facilitate the Formation of access to new Garage And Erection of Front Porch At 23 Woodhall Avenue, Calderbank

122 C/O 1/00224/FUL Ms Irene Green Change of Use of Dwellinghouse to Grant Childrens Nursery, Including Alteration to Vehicular Access at The Lindens, Wester Mavisbank Avenue Airdrie

127 C/01/0024O/FUL Kelvin Homes Ltd Erection of Residential Development Grant Comprising 62 Dwellinghouses and Formation of Access Roads at Kelvin Homes Site (East Side of) Newton Street Coatbridge

134 C/O1/00284/FUL Mr Edward J Smith Erection of 1112 Storey Side Grant Extension to Dwellinghouse and Demolition of Rear Kitchen Area at 3 Albert Place, Airdrie

141 C/01/00373/FUL Board of Managers of Demolition of Existing School and Grant St. Philips School Associated Buildings, Erection of New School Buildings, Residential Units, Secure Unit with Games Wing and Swimming Pool with Associated Alterations to Access and Parking at St Philips School, Plains

148 C/O1/00394/FUL Mr & Mrs Spence Erection of Side Extension to Grant Dwellinghouse, 4 Burnside View, Coatbridge I:DATA\COMMZ\WORD\PLA.N”G\I3-jun.doc 3 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 13 JUNE 2001

Page No. Application No. Applicant Development/Locus Recommendation

153 C/O 1/00483/FUL Mr John Cairns Erection of Pigeon Loft Grant At 4 Ballater Way, Glenboig

156 s/oo/oo92o/FuL Carbarns Construction Construction of 12 Flats Grant Land East of Grange Tower Muirhouse Road Motherwell

161 s/o 1/00139RUL British Telecommunications Plc Installation of Vent Openings and Grant Condenser Units Bellshill Telephone Exchange Hattonrigg Road Bellshill

165 S/O1/00241/OUT P McShane Construction of Dwellinghouse Refuse (P) 320 New Edinburgh Road Viewpark

170 S/O 1/00288/FUL Mr & Mrs Anderson Extension to Dwellinghouse Grant 18 Armstrong Crescent Uddingston

175 S/01/003 12/OUT A Keachie Erection of Dwellinghouse Refuse 40 Belhaven Terrace Wishaw

179 S/01/0034 1/FUL Orange PCS Ltd Installation of Two Microwave Grant Dishes Smurfit Corrugated Premises Old Edinburgh Road Tannochside

183 S/01/00367/FUL Taylor Homes Construction of 8 Flatted Grant Dwellings Land East of 15 Manse Road Newmains, Wishaw

I88 S/O 1/00372/FUL Kartar Singh Barhaya Restaurant with Ancillary Hot Refuse Food Take Away 257 Main Street, Wishaw

194 S/O1/00374/OUT North Lanarkshire Council Residential Development Grant (P) Land South of 52 Dimsdale Road Wishaw

200 S/O 1/00385/OUT North Lanarkshire Council Residential Development Grant Jerviston Street New Stevenston

206 S/O1/00407/FUL Specdeals Opticians Ltd Change of Use from House of Refuse Multiple Occupation to Office 25 Wilson Street Motherwell

4 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 13 JUNE 2001

Page No. Application No. Applicant Development/Locus Recommendation

21 1 S/O U0043 l/FUL Murdoch MacKenzie Residential Development (Flatted) Grant Construction Ltd Comprising 8 Units and Ancillary Parking Land West of 386-374 Brandon Street Oakfield Drive, Motherwell

216 S/01/00445/FUL Phew (Scotland) Ltd Renewal of Landscaped Area and Grant (P) Erection of 1 and 2 Storey Respite Care Centre and Associated Works. Land East of 29 Hope Street Motherwell

224 S/O1/00452/FUL Mrs J Dickie Change of Use from Offices Grant To Pre-School Facility The Apple Centre 10 Earn Avenue Righead Industrial Estate Bellshill

23 0 S/01/00476/FUL Mr J Logan Construction of Front Porch Grant 5 Oak Place Uddingston

234 S/01/005 19/FUL Dalziel Homes Ltd Construction of Footway Refuse Land West of 8 and 9 Sarazen Court Hagen Drive, Motherwell

(P) N/O1/00214/FUL If approved application to be refered to Scottish Ministers (P) N/01/00400/FUL If approved application to be refered to Scottish Ministers (P) S/O1/00241/OUT If approved application to be refered to Scottish Ministers (P) S/O1/00374/OUT If approved application to be refered to Scottish Ministers (P) S/01/00445/FUL If approved application to be refered to Scottish Ministers

\WLPLTRO1WJBLIC\SS\CORRES\AGILMOUR\AGENDA\I3-jm.doc 5 Application No.: N/OO/O 1476EUL

Date Registered: 5th January 200 I

APPLICANT : CUMBERNAULD COLLEGE, NORTH CARBRAIN ROAD, CARBRAIN, CUMBERNAULD

Agent: McFarlane Curran & CO, 137 Chalmers Street, Dunfermline, KY12 8DQ

DEVELOPMENT: DEMOLITION OF EXISTING ACCESS RAMP, ERECTION OF FRONT ENTRANCE AREA AND REAR RAMP AND LOBBY

LOCATION: CUMBERNAULD COLLEGE NORTH CARBRAIN ROAD CPLRBRAlN CUMBERNAULD

Ward: 60

Grid Reference: 275868 674272

File Reference: N/OO/O 1476LFUL

Site History: N/O1/0001 ULBC Under Consideration at this Committee

N/97/00256EUL Approval of Extension of Cumbernauld Town Centre Granted 20h May 1998

Development Plan Cumbernauld Local Plan Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: West Of Scotland Water East Of Scotland Water British Gas Transco Conditions: No Reply: Scottish Power S.E.P.A.(West)

REPRESENTATIONS: Neighbours: No Response Newspaper Advertisement: No Response

COMMENTS: This application is for planning permission for the proposal described in terms of the report on N/O1/00011/LBC, which is also under consideration at this Committee.

6 PLANNING APPLICATION NO: N/00/01476/FUL N!mL- Produced by LANARKSHIRE Deparlmnl of Rylning and Envirmmenl EXTENSION TO PROVIDE NEW ENTRANCE, REAR LOBBY southern h"l*lOn -_-. COUNCIL 303 Brandon Street ACCESS RAMP AND FORMATION ADDITIONAL MOTHERWELL MLl 1RS PARKING AREAS AT 7 Reprducad from Ihe Cwdnsnce Suhey mapping With Ihe pnmlrnon of me CanIrOl18r Of her Majeslyr Telephone01698 302100 Fax 01698 302101 CUMBERNAULD COLLEGE, NORTH CARBRAIN ROAD, 1.2500 Stalionery OHrs 0 Ciown copyrighl Unarlhonrsd ~eplodudlonlnfrlnger Crow copmghl os Llcence LA 09MlL CUMBERNAULD and may lea to PIOI~SUIIORw SIVII Proscedmgl RECOMMENDATION:

Grant, subject to the following conditions:

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

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

2. That before the development hereby permitted starts, samples of all external materials to be used in construction, including walls, cladding, roofs, glazing, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason:To enable the Planning Authority to consider these aspects in the interest of the visual amenity and to preserve the character of the Listed Building.

3. That the further permission of the Planning Authority shall be required in respect of all advertisements on the building which are outwith the provisions of Schedule 4 of The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984.

Reason: For the avoidance of doubt and to enable the Planning Authority to consider these aspects in the interest of the visual amenity and to preserve the character of the Listed Building.

List of Background Papers:

Application form and plans received 5th January 2001 Letter received 3rd January 2001 from British Gas Transco Letter received 11 th January 2001 from West Of Scotland Water Letter received 15th January 2001 from East Of Scotland Water Amended Plans Received 8* May 200 1

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. Application No.: N/01/00011/LBC

Date Registered: 5th January 200 1

APPLICANT: CUMBERNAULD COLLEGE, NORTH CARBRAIN ROAD, CARBRAIN, CUMBERNAULD

Agent: McFarlane Curran & CO, 137 Chalmers Street, Dunfermline, KY12 8DQ

DEVELOPMENT: DEMOLITION OF EXISTING ACCESS RAMP, ERECTION OF FRONT ENTRANCE AREA AND REAR RAMP AND LOBBY

LOCATION: CUMBERNAULD COLLEGE NORTH CARBRAIN ROAD CARBRAIN CUMBERNAULD

Ward: 60

Grid Reference: 275868 674272

File Reference: N/01/0001 ULBC

Site History: N/OO/O 1476/FUL Under Consideration at this Committee

N/97/00256/FUL Approval of Extension of Cumbernauld Town Centre Granted 20* May 1998 Development Plan Cumbernauld Local Plan Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Historic Scotland Conditions: Architectural Heritage Society Of Scotland No Reply:

REPRESENTATIONS: Neighbours: No Response Newspaper Advertisement: No Response

COMMENTS: The applicants propose to demolish the existing ramp which provided access to the north side of their building at first floor level. This demolition is required in order to implement the planning permission granted in relation to the extension of the Town Centre. An extension at ground and first floor level will then allow for the provision of a feature entrance, improved access and internal circulation arrangements. In addition they propose a very small extension at the southern side of the

9 Produced by PLANNING APPLICATION NO: N/01/0001I/LBC DeparImnt 01 Planing and Environment SOulhein Division DEMOLITION OF EXISTING ACCESS RAMP, ERECTION OF 303 Brandon Slreel MOTHERWELL FRONT ENTRANCE AREA AND RE$f?J?AMP AND LOBBY AT ML1 IRS d CUMBERNAULD COLLEGE, NORT ARBRAIN ROAD, Telephone 016983021W FaX 01698 302101 CUMBERNAULD 1:2500 os Llsence LA 08MlL building to improve disabled access facilities from that side.

The original design proposal, whilst based on the style of the existing building, detracted from its stark simplicity. The Architectural Heritage Society objected to this initial proposal.

Following negotiations with the applicant and Historic Scotland, revised design proposals have now been submitted. The resultant extension will provide a light modem structure with clean lines which will enhance the existing building, through its simplicity and the quality of the proposed materials.

The extension would also relate well to the designs and finishes proposed for the both the extension to the Town Centre and the retail unit also under consideration at this Committee.

RECOMMENDATION:

Grant, subject to the following conditions:

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

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

Reason: To enable the Planning Authority to consider these aspects in the interest of the visual amenity and to preserve the character of the Listed Building.

Reason: For the avoidance of doubt and to enable the Planning Authority to consider these aspects in the interest of the visual amenity and to preserve the character of the Listed Building.

List of Background Papers:

Application form and plans received 5th January 200 1 Letter received 10th January 200 1 from Historic Scotland Letter received 5th February 2001 from Architectural Heritage Society Of Scotland Amended Plans Received 8* May 200 1

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473.

11 Application No: 0 1/002 1OEUL

Date Registered: 7th.March 200 1

APPLICANT: MR., 7 MRS. S. PRESSLEY, 17 LEARMONTH TERRACE, EDINBURGH EH48 4QN

Agent: G.A. Johnston, 4 Prior Grange, Torphichen, West Lothian EH48 4QN

DEVELOPMENT: ERECTION OF A HOUSE AND GARAGE

LOCATION: PLOT 20, DULLATVR ROAD, DULLATUR, CUMBERNAULD

Ward No: 57 Grid: 274874 - 6767 18 File Reference: N/PL/30/01(12) Site History:

Development Plan: Cumbernauld Local Plan 1993 - HGSA, PS2 Site for New Housing

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Scottish Power; SEPA; Transco; West of Scotland Water; East of Scotland Water; No Reply: Conditions: NLC Protective Services

REPRESENTATIONS :

Neighbours: One Letter Newspaper Advert: N/A

COMMENTS: The applicants seek planning permission for the construction of a substantial one and a half storey, eight apartment detached dwellinghouse on Plot 20, Dullatur road, Dullatur, Cumbernauld. The proposal complies with the Development brief in almost all respects however one design issue relating to the position of bedroom windows in the side elevations of the dwellinghouse has not been resolved. The resultant impact on privacy on adjacent plots is considered to be sufficiently important to justify the refusal of planning permission.

RECOMMENDATION: Refuse for the following reasons:-

1. That the location of the bedroom windows on the upper floor east and west elevations of the proposed dwellinghouse would result in the overlooking of the adjacent house plots to the detriment of the level of privacy which future residents would reasonably expect to achieve.

2. That/

-2-

2. That should planning permission be granted an undesirable precedent may be set which would make it difficult to refuse other similar planning applications.

List of Background Papers:

Application form and plans dated 20'. February 2001-05-29 Facsimiles from G.A. Johnston, agent, dated 3'd. and 10". May 2001-05-29 Letter from G.A. Johnston, agent, dated 16'. May 2001-05-29 Cumbernauld Local Plan Adopted 1993 Letter of objection from Wallace & Quinn (on behalf of Mr. Harkins dated 6". April 2001 Letter from Transco dated 20". March 2001 Letter from SEPA dated 21". March 2001 Letter from West of Scotland Water dated 27'. March 2001 Letter from Scottish Power dated 29'. March 200 1 Letter from East of Scotland Water dated 27". March 2001 Memos from Protective Services Division dated 22ndand 29". March 2001

Any person wishing to inspect these documents should contact Shirley Penman on 01236-616450

Joan/Comaps2000/0 1/0021O/FUL/29rny2001

14 APPLICATION NO : N01/002 1O/FUL

1. SITE AND PROPOSAL

1.1 The applicants propose to construct a substantial one and a half storey detached 8 apartment dwellinghouse on Plot 20, Dullatur Road, Dullatur.

1.2 The site lies within the new residential development area identified in the Cumbernauld Local Plan 1993. Plot 20 is located on the new access road off Dullatur Road. The site is bounded by Dullatur Golf Course to the south and the Old Clubhouse redevelopment to north. Immediately to the west and east lie residential plots which are undeveloped at present. The site slopes up gently towards open views across the golf course. A number of mature preserved trees are located in the centre of the plot. A separate application has been submitted for the felling of these trees to enable development to proceed.

2. CONSULTATIONS AND OBJECTIONS

2.1 SEPA, Transco, West of Scotland Water, East of Scotland Water have no objections to the proposal.

2.2 The Protective Services Division Manager has no objections to the proposal but has recommended that, should the application be approved, the hours of construction work on site should be limited by a condition.

2.3 The adjoining neighbours were notified of the proposal by the applicants and one letter of objection was received. The grounds of objection are that the excessive height and size of the proposed dwellinghouse are such that it will dominate the objector’s existing development at the former Golf Clubhouse in Dullatur. The objector considers the proposed dwelling to be two storey not one and a half as prescribed by the Development Brief and that it will adversely affect the amenity of the redevelopment of the Old Clubhouse site.

3. OBSERVATIONS AND CONCLUSION

3.1 The proposed dwellinghouse is considered to be compatible with the Dullatur Housing Plots Development brief in almost all respects. Although a substantial dwellinghouse, it is considered to meet the criteria requiring a one and a half storey house as the accommodation at the upper level is contained within the roof space. However, despite lengthy negotiations with the applicant and his architect one important design issue remains unresolved. Both the east and west elevations contain bedroom windows at the upper level which directly overlook the adjacent house plots. This arrangement is considered to be unacceptable due to the impact caused by overlooking the neighbouring house plots.

3.2 This application represents the first of a number of plot developments at this location. It is extremely important to ensure that it does not set an undesirable precedent with respect to overlooking and mutual privacy. In this case, the issue could be resolved by an internal reorganisation of the bedrooms and fenestration on the upper floor. However, the applicants and their architect have indicated a reluctance to alter the current design and wish the application to be determined in its present form.

3.3 In concluding, while the proposed dwelling is acceptable in principle in terms of the Development Brief, the issue relating to overlooking/privacy problems created by the inclusion of bedroom windows on the upper east and west elevations is considered to be of sufficient importance to justify the refusal of planning permission.

3.4 On balance, it is recommended that planning permission be refused. 15 Application No.: N/O 1/002 14RUL

Date Registered: 1st March 200 1

APPLICANT: TESCO STORES LIMITED, PO BOX 400, CIRRUS BUILDING, SHIRE PARK, WELWYN GARDEN CITY, HERTFORDSHIRE, AL7 1AB

Agent: Development Planning Partnership, The Hatrack, 144 St. Vincent Street, Glasgow, G2 5HF

DEVELOPMENT: ERECTION OF CLASS 1 FOODSTORE AND PETROL FILLING STATION WITH ASSOCIATED CAR PARKING, SERVICING, HIGHWAY WORKS, (TO INCLUDE CONSTRUCTION OF LINK ROAD ONE, ACCESS ROUNDABOUT AND WORKS ON AND AFFECTING THE SOLUM OF TRYST ROAD) AND LANDSCAPING

LOCATION: CUMBERNAULD TOWCENTRE, CENTRAL WAY, TOWN CENTRE, CUMBERNAULD

Ward: 60

Grid Reference: 275951674486

File Reference: N/O 1/002 14RUL

Site History: PA95/98 Redevelopment of Central Area Granted by Cumbernauld Development Corporation 4th January 1996

N/97/00256/FUL Approval of Extension of Cumbernauld Town Centre Granted 20* May 1998

Development Plan Covered by Retail Policies in the Adopted Cumbernauld Local Plan Contrary to Development Plan: No

CONSULTATIONS:

Objection: S.E.P.A.(West) West Of Scotland Water SportScotland

No Objection: East Of Scotland Water Architectural Heritage Society Of Scotland British Gas Transco The Coal Authority

Conditions: Strathclyde Police

No Reply: The Scottish Civic Trust Town Centre Initiatives Ltd. Falkirk Council REPRESENTATIONS: Neighbours: Letters of Objection and Other Representations from a total of 8 Newspaper Advertisement: Neighbouring Owners, Households and Community Groups

COMMENTS: The applicants propose the erection of a 7 937 square metre retail store and a petrol filling station on this site which forms part of Cumbernauld town centre. The proposal also includes the formation of a new road linking North Carbrain Road with the western town centre roundabout and supplementary provision for parking, public footpaths and landscaping.

The proposal relates to the planning permission (N/97/00256/FUL) granted in May 1998 for the extension of Cumbernauld town centre, and occupies the western area of that development site. The current proposal is a replacement for the retail warehouse units originally approved for this area of the site. The store would act as an 'anchor' development enabling the further development of the additional mall shopping and leisure facilities to the east.

The proposal would provide a modern, well designed, high quality food retail store at the western end of the town centre, replacing the applicants existing outdated town centre store. Whilst all staff would be transferred from the existing store, an additional 240 full time and 40 part time jobs would be created.

RECOMMENDATION:

Grant, subject to the following conditions:

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

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

2. That before the development hereby permitted starts, details of the phasing and programming of all landscaping, road and footpath alterations and construction, and building construction works shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to retain effective control, to ensure adequate provision for pedestrians during all stages of construction and to safeguard the amenity of the area .

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

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

4. That before the development hereby permitted starts, a scheme of landscaping, and boundary treatments, covering the entire development site and the area hatched orange on the approved plans shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of all hard landscaping including samples or specification of all materials and design details of external street furniture, including lighting, and feature elements; (e) a schedule of art works (f) details of the phasing of these works.

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

5. That within six months of the occupation of the development hereby permitted, all works which are included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

6. That all the road infrastructure works described in the enclosed Schedule No. 1 shall be undertaken in accordance with a timetable to be submitted to and agreed in writing with the Planning Authority.

Reason: In the interests of traffic safety.

7. That before the development hereby permitted starts, details of the surface finishes to all parking, servicing and manoeuvring, areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

8. That before the buildings hereby permitted are brought into use, all parking, manoeuvring and servicing areas shall be completed as approved under the terms of Condition 7 .

19 Reason: In the interest of traffic safety and to ensure the provision of adequate parking facilities within the site.

9. That before the development hereby permitted starts, a scheme for the execution of a survey to assess the level of pedestrian usage of the two existing footpaths crossing the site, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

10. That within three months of the approval of the method in writing, the survey agreed under the terms of Condition 9 shall be undertaken and the results submitted to the Planning Authority.

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

11. That before the development hereby permitted starts, details of the design and type of all pedestrian crossings to be created within the site and based on the outcome of the pedestrian survey required under the terms of Conditions 9 & 10, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in the interest of pedestrian safety.

12. That before the buildings hereby permitted are brought into use, all pedestrian crossings approved under the terms of Condition 11 shall be completed.

Reason: To ensure the provision of satisfactory pedestrian facilities.

13. That before the development hereby permitted starts, a scheme making alternative provision for pedestrians to traverse the site from Point A to Point B and Point C to Point D, (as indicated on the Approved Plans) at all stages of the development shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To ensure continuity of provision of satisfactory pedestrian facilities.

14. That the scheme approved under the terms of Condition 13 shall be implemented during construction and that before the buildings hereby permitted are brought into use the two routes identified in blue on the approved plans shall be available for pedestrian use and shall thereafter be maintained and kept open, free from physical barriers or obstructions and available for general pedestrian use at all times, except as may otherwise be agreed in writing by the Planning Authority.

Reason: To ensure continuity of provision of satisfactory pedestrian facilities.

20 15. That before the development hereby permitted is starts, details of a scheme to discourage shopping trolleys being removed from the immediate environs of the retail unit shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

16. That before the building hereby permitted is brought into use, the scheme approved under the terms of Condition 15, shall be fully operational.

Reason: To safeguard the visual amenity and protect the environment of surrounding residential areas.

17. That, except as may otherwise be agreed in writing by the Planning Authority, all engineering and construction activities on the site shall be restricted to between the hours of 8:00 a.m. and 8:00 p.m. Monday to Friday and 8:OO a.m. and 1:00 p.m. on Saturdays with no such activity on Sundays or bank holidays.

Reason: To safeguard the amenity of adjoining residential areas.

18. That construction work associated with the development hereby permitted shall conform to BS-5228, Noise from Construction and Open Sites.

Reason: In the interest of public health and safety and the amenity of adjoining areas.

19. That noise associated with the ventilation system to be installed within the building hereby permitted shall not give rise to a noise level, assessed with the windows closed, within any dwelling or noise sensitive buildings in excess of that equivalent to Noise Rating Curve 35 between the hours of 7:OO a.m. and 1O:OO p.m. and Noise Rating Curve at all other times.

Reason: To safeguard the amenity of the adjoining residential area.

20. That before the development hereby permitted starts, a scheme of lighting shall be submitted for the written approval of the Planning Authority, including any modifications as may be required and it shall include:- a) details of the design and location of all lighting within the petrol filling station b) details of the design and location of all utility lighting to be positioned within the parking and servicing areas c) a scheme of lighting for the two pedestrian routes traversing the site d) a scheme of amenity lighting for the retail building, which includes the provision of a lighting feature at its south western corner

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

21 21. That before the buildings hereby permitted are brought into use, the scheme approved under the terms of Condition 20 shall be implemented and thereafter all lighting shall be maintained and operated in accordance with the provisions of the scheme, except as may otherwise be agreed in writing by the Planning Authority.

Reason: In the interest of the visual amenity of the site and surrounding areas, to protect adjacent residences from high levels of light pollution and in the interest of pedestrian safety and security on the site.

22. The before the development hereby permitted starts, a scheme of management for surface water drainage arising from the site shall be submitted to and approved in writing by the Planning Authority in consultation with West of Scotland Water and the Scottish Environmental Protection Agency.

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

23. That before the buildings hereby permitted are brought into use the scheme approved under the terms of Condition 22 shall be operational.

Reason: In the interest of the amenity of the site and to ensure the protection of the environment from the effects of potential additional pollutants.

24. That within one year of development starting either:- a )all of the works included in the attached Schedule 2 for the improvement of two playing fields at Ravenswood shall be completed, or b) an alternative scheme for the provision of replacement facilities of an equivalent value, the nature and location of which have been approved in writing by the Planning Authority in consultation with Sportscotland, shall be completed.

Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate playing field facilities within the area.

25. That before the development hereby permitted starts a scheme for the provision of landmark sculptural features within the site, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- a) a sculpture or other similar 'landmark' to be positioned within the area hatched purple on the approved plans b) no less than six 'landmarks' to be positioned at nodal points on the main pedestrian routes through the site and within the car park

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

26. That within one year of the opening of the retail unit all works approved under the terms of Condition 25 shall be completed.

22 Reason: In the interest of the visual amenity of the site and to enhance the cultural and contextual setting of the development.

27. That before the development hereby permitted starts, a revised scheme for the provision of additional vertical emphasis at the south west corner shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interest of the visual amenity of the building, the site and Cumbernauld town centre.

28. That the further permission of the Planning Authority shall be required in respect of all advertisements on the site which are outwith the provisions of Schedule 4 of The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984

Reason: For the avoidance of doubt and to enable the Planning Authority to consider these aspects.

29 That before the development hereby permitted starts, a scheme for the protection of all mature trees within the area hatched green shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To enable the Planning Authority to consider these aspects in order to protect the trees in the interest of the visual amenity of the site and the adjacent residential area.

30 That before the development hereby permitted starts the scheme approved under the terms of Condition 29 shall be implemented and thereafter shall remain in place until all materials storage, construction and engineering works taking place within 10 metres of the outer limit of the canopy of the trees have been completed.

Reason: in order to protect the trees in the interest of the visual amenity of the site and the adjacent residential area.

NOTE: This application will require to be referred to the Scottish Ministers under the terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997

List of Background Papers:

Application form and plans received 26th February 2001 Supporting Planning Statement received 26th February 200 1 Transport Assessment received 26th February 200 1 Letter received 5th March 200 1 from Mr. Robert Thomson, 6 Craigieburn Road, Cumbernauld Letter received 7th March 2001 from Rev. Andrew Thomson on behalf of Cumbernauld United

23 Reformed Church, 1 Beechwood Road, Cumbernauld Letter received 8th March 2001 from Lorraine Thomson, 20 Craigieburn Road, Cumbernauld Letter received 9th March 2001 from Karen Steele And Graeme McCabe, 2 Craigieburn Road, Cumbernauld Letter received 13th March 2001 from McClure Naismith on behalf of Cumbernauld College Letter received 19th March 2001 from Mr And Mrs J Kelly on behalf of the residents of 1, 2-8 & 12- 20 Craigieburn Road, Cumbernauld Supplementary Transport Assessment Statement Received 29th March 200 1 Letter received 2nd April 200 1 from British Gas Transco Letter received 4th April 200 1 from West Of Scotland Water Letter received 4th April 200 1 from Strathclyde Police Letter received 9th April 2001 from S.E.P.A.(West) Letter received 9th April 2001 from East Of Scotland Water Letter received 10th April 2001 from The Coal Authority Letter received 1 Ith April 2001 from Environmental Services Letter received 17th April 2001 from Architectural Heritage Society Of Scotland Letter received 17th April 200 1 from Carbrain Boys Club Letter received 9th May 2001 from Development Planning Partnership on behalf of Tesco Ltd Letter received 17th May 2001 from Burness Solicitors on behalf of Cumbernauld Centre Ltd Letter received 29th May 2001 from Development Planning Partnership on behalf of Tesco Ltd Fax received 29th May 2001 from Development Planning Partnership on behalf of Tesco Ltd Fax received 29th May 2001 from Boreham Consulting Engineers on behalf of Tesco Ltd Amended Plans received 29th May 2001 Letter received 30th May 200 1 from SportScotland Letter received 3 1st May 2001 from S.E.P.A.(West) Letter received 3 1st May 200 1 from West Of Scotland Water Amended Plans received 1st June 200 1

Any person wishing to inspect these documents should contact Mary Stewart at 0 1236 6 16473,

24 SCHEDULE 1

ROAD INFRASTRUCTURE WORKS

1. All of the works shown on the attached drawings S/20080111 (SR) and S/200801/2 (SR)

2. The implementation of road calming measure on North Carbrain Road, in accordance with a scheme approve in writing by the Planning Authority.

3. The implementation of a signing strategy which has been approved in writing by the Planning Authority.

25 3 ywripeapt 110 -~kmywmnn~ -tniha WM mld4i\ l~ly IA -cl- -4- 3 Based upon the Ordnance Survey's i,(1 :125b) Map of 19kyith 'permission of 'the controller of Her Majesty's stationary office, Crown copyright keserved *'-.,. Alan Boreham Associates Ltd, Regertt House, Hubert\Road, Bret?tqood, Essex, CM1 4 ME. 3 -* License No: QL57002Q. '. '. i %>. i '\ .* 3 , I' ', z ,i *. < i\ \\ '*.. 3 \ 3 3

3 3 3 3 ! _-.--___-I-- _+.e ! /"-- 3 f,/* 3 3 ----_ 3 3 3 3 9 9 EFFECTIVE FLARE LENGTH = 23M 3 3 3 3 3 3 3 3 3 3 3 3 3

PAGE 3

SCHEDULE 2

RAVENSWOOL) FOOTBALL YiTCHES numbers 6 & 7

For some tire now it h;w became apparent thal tlruinuge within tbotlwli phties nuinhors 6 & 7 is grossly inndcquntc. Thcw two lootbnll pitches hxesome of the lowest hookingu in the district chic to ihe fnct ihtiirost of tnc season they are utiplnyttble clue to wateriogginy. "1 turFuard irk sports rhe airii is not increly to rernovo surplus wiitci: but to reiiiove it quickly. 'This :llvnlveY : a) 'l'he pwvisjoa of a drainage system, niid b) Ciediiig the water through to the clrainape systcm.

Bsnt!fit.lsuj'UralnnR6 1. Removal ofexcesii.moisturc and lowering the waler table. 2. Iniprovcmcnt of rhc quality firniness md durability oftlie turF particularly 011 nreos of canccnrmred wear, 3. Quick d!yiiig of the soil cxtr.ndiiiy pwssible piaying tinw. 4. Prcvcniioii of croeioii 5. Ucaer air moveiiiciit ii: the soil. b. hicreased root devclaprntr.r. 7. hicreased capillary moisture in dry weniher. 8, 11npIovcddrought resisintict. 9. Better soil srructurc, 10. In!provod results from bacieriul dun,

Snnd SuItlng In wine circtims1Rncc~.and wpccisdly wncre ii is desired zc IJR.WIW the existing turf. saild slitting ctin be ii:tmduccd and filled with a nxdium / cnarse sand, so thr stirfirce water cnn rcadily proceed from the ~urlnceV~R the slik It is csrcntid ihel here be somewhere for the water from the ;lit8 to discharge, unlnlly a pipc drumngr system wPJi n siritable hickfilliug nwrrial c!ose enough to tlic surface ro rap the alits.

I'm1 Urolriing This is carncd out using %%hcli hollow core tines to nsximiur the rnnietinl extracted. ?%IS will be back fillcd W~IU mtdiuru / ionrse sand, hetweon 60 and 100 tonnes per pitch 10 Iielp with bru pin ~iid itnpinve tlie sail strlcctiirr. i

2. Vw:i Drain foorbnll pitch

Inspection chonber con be cut to slze rewe in charnel 1 Ln 40

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37 APPLICATION NO. N/01/00214/FUL

REPORT

1. PlanninP Historv

1.1 In 1993 the former Development Corporation obtained approval from the Secretary of State for a series of proposals covering Cumbernauld Town Centre. These proposals included zoning additional space for retail development, (including part of Central Way) provision of additional parking, traffic calming on North Carbrain Road and Seafar Road, a new bus station and the closure of Central Way to through traffic.

1.2 The proposals were designed to address the need, identified by the Corporation, to increase shopping floorspace within Cumbernauld by around 300 000 to 400 000 square feet. It was anticipated that the resultant improvement in both the quality and quantity of shopping available within the town would stem the leakage of expenditure from Cumbernauld to other competing centres.

1.3 In 1995 a planning application was submitted to Cumbernauld Development Corporation by Arrowcroft. The application was for the construction of 250 000 square feet of retail floorspace, partly on Central Way and linking directly into Phase 4 at Teviot Walk and Phase 1 & 2 at Forth Walk. Planning permission was granted for the scheme in January 1996. In April 1996 concerns that the scheme was not progressing as originally intended led to the owners of the site (Campsie Centres Cumbernauld Ltd.) terminating the arrangement with Arrowcroft.

1.4 A new development brief, which retained the basic principles of the original approval from the Secretary of State, was then prepared on behalf of the owners. A number of prospective developers were invited to submit schemes for the provision of additional shopping facilities within the Town Centre. London and Regional Properties were then invited to progress and submit their scheme as a planning application.

1.5 The London and Regional application was submitted in September 1997. The application comprised a number of elements with an overall floorspace provision of over 350 000 square feet:

a a covered shopping mall providing approximately 150 000 square feet of retail floorspace in approximately 35 new shop units. a retail warehouse units at the western end of the site providing approximately 80 000 square feet of floorspace a a unit of 50 000 square feet suitable for food retailing a 45 000 square ft made up of a food court, restaurants and night-club facilities a a cinema of 35 000 square feet a a bus station a the closure of both Central Way and Tryst Road to through traffic

1.6 The development would be built around a spinal pedestrian route running the full length of the site, from east to west and between the proposed mall, shops and leisure facilities, to the north, and the civic buildings, to the south. Pedestrian links would be provided into Phase 1 & 2 at locations specified under the terms of a “Good Neighbour Agreement” between Campsies Centre Cumbernauld Ltd. and the owners of Phase I & 2. This Agreement also dictates the phasing of the construction of new parking facilities. Phase 4 is joined onto the new development via a section of mall built on Central Way. This link

38 would also house the new bus station. These links would provide shoppers and pedestrians with a variety of circular routes with which to negotiate the centre and access the surrounding areas and facilities.

1.7 Two new roads link to North Carbrain Road would create a circular vehicle route around the Centre, making it possible to build more of the shopping facilities at ground level. Cars can travel around the centre to access the car parks and the remnants of Tryst Road and Central Way can then be used for servicing, bus taxis, etc. Traffic not visiting the Centre is signed onto routes to the South (Lenziemill and South. Carbrain Roads), with complementary traffic calming being used to discourage the use of St. Mungo’s, N. Carbrain and Seafar Roads. The scheme also took advantage of the closure of Central Way to incorporate a new bus station into the section of linking mall built onto the road.

1.8 A detailed traffic study, using a paramics model, which simulated the resulting vehicular movements around the entire network which would be affected by the development was undertaken as part of the application. This established that the road network could accommodate both the generated and the diverted traffic.

1.9 As the proposals required the closure of Central Way and Tryst Road the appropriate Road Closure Orders were promoted by the Council in 1998. These were the subject of a number of objections.

1.10 The existing Town Centre (Phase 1 & 2) is also traversed by a Right of Way which provides a pedestrian access between the residential areas north and south of the Centre. The proposed development would be built across this route. As a result a footpath diversion order was also promoted by the Council. This diverted the Right of Way through a different part of the Phase 1 & 2 building. This Order was also the subject of a number of objections.

1.1 1 A Public Inquiry was held in AugustlSeptember 1999. The Inquiry decision was announced in July 2000. The Scottish Ministers confirmed both the Order for the closure of Central Way and Tryst Road, plus the Order for the closure and diversion of the pedestrian routes through the Town Centre. The Ministers’ decision on the latter Order, however, is now the subject of an appeal to the Court of Session which has been lodged by the owners of Phase 1 & 2.

1.12 In the time since the original planning permission was granted works on the demolition of the part of the Town Centre to be cleared to allow the implementation of that permission have been substantially completed.

2. Description of Site and ProDosal

2.1 The site comprises an area of approximately 4 hectares of ground within the central area of Cumbernauld, bounded by Central Way to the north and North Carbrain Road to the south. It extends to the edge of the Hillcrest housing area to the west and Cumbernauld College and the existing Phase 1 & 2 of the Town Centre building to the east.

2.2 The site comprises part of the College Pitch, an existing area of car parking, an area of vacant ground between Central Way and Tryst Road and an area of existing landscaping. The site also includes the solum of the western half of Tryst Road and two existing public footpaths which run east to west across the site, connecting the town centre with the

39 residential areas at Hillcrest and North Carbrain and beyond.

2.3 The site falls from Central Way to North Carbrain Road across a number of fairly level ‘platforms.’

2.4 The applicants propose to erect a Class 1 (Retail) unit of 7 937 square metres gross internal area (85 400 square feet) and a six pump petrol filling station on the site. The application also includes the formation of parking for 570 cars, associated road and footpath construction and landscaping. The scheme is designed to complement and ‘anchor’ the larger town centre development which already has planning permission, effectively replacing the previously approved retail warehousing element of that scheme. The original scheme also included provision for a petrol filling station.

2.5 Access to the site for both servicing and customers will be via a new road linking the western town centre roundabout (B & Q) with North Carbrain Road. This road is referred to as Link Road One in the previous planning permission (N/97/00256/FUL). Link Road One is connected to North Carbrain Road by means of a new roundabout which also forms part of this proposal.

2.6 Two existing pedestrian routes which cross the site will be realigned to take account of the proposed changes arising from this development. Two pedestrian crossings will be provided on Link Road One to complete the links to the existing footpath networks in Hillcrest.

2.7 The retail unit is positioned to the northern edge of the site in order to allow more pronounced views of the main mall entrance from Link Road One and to facilitate the increased east / west pedestrian movements likely to be generated. The building is unashamedly modern and is designed to meet current levels of customer expectations and service delivery.

2.8 The new store would replace the applicants existing town centre outlet. All 203 staff would be transferred from the existing store. In addition, a further 240 full time and 40 part time jobs would be created. The applicant is currently negotiating with a local training organisation to provide a custom employment training scheme to enable the local unemployed to access these opportunities.

3. DeveloDment Plan and Other Policy Guidance

3.1 Strathclyde Structure Plan 1995 (Modified 1997) identifies Cumbernauld as a tier 3 Centre in Schedule 10A relating to the regional shopping hierarchy. In schedule 1OC it is also identified as a Town Centre with an existing approval for the expansion of comparison shopping. The plan supports retail development within existing town centres under policies RETl and RETlA.

3.2 In the Glasgow & the Clyde Valley Joint Structure Plan 2000 Schedule l(a) - “Town Centres to be Safeguarded through Structure Plans & Local Plans” includes Cumbernauld. These town centres are to be protected managed and enhanced as the preferred locations for new retail, commercial leisure and other town centre uses. Significant retail developments must be assessed against the sequential approach as outlined in Schedule 6 (c) (ii). The town is also identified as an Established Urban Expansion Area.

40 3.3 In the adopted Cumbernauld Local Plan the site lies within the defined Town Centre area. Policies SH1 and SH9 state, respectively, that there will be a presumption in favour of major retail developments located within the Central Area, and that sites in the SE & SW quadrants are reserved for retail development. The current site forms part of the area identified as the south west quadrant.

3.4 NPPG 1 The Planning System emphasises the primacy of the development plan.

3.5 NPPG 8 Town Centres and Retailing reaffirms the commitment to maintaining the vitality and viability of existing town centres. A sequential approach to the selection of new sites for retail development is advocated as well as a positive approach towards encouraging continuing investment in infill schemes and refurbishment within these existing centres.

3.6 NPPG 11 Sport, Physical Recreation and Open Space seeks to protect playing fields from development pressure, and requires that replacement provision of equal community benefit and accessibility is made where a playing field is lost.

3.7 NPPG 17 and PAN 57 Transport and Planning both advocate the promotion of sustainable locations for new development which will result in the potential reduction in the number of car journeys generated by the development. New development, particularly those such as shopping, industry and leisure which have high trip generation potential, should therefore be located in places which are easily reached by public transport, such as town centres.

4 Retail CaDacitv Assessment

4.1 In 1990 Healey and Baker were commissioned to report on the existing town centre by Cumbernauld Development Corporation. They found that the units available in the earlier Phases (1 & 2) of the Town Centre megastructure were relatively small and inflexible and consequently were no longer attractive to national multiples or retailing chains. They also found the units available in the later Phase 4 were of insufficient depth to attract these multiples and the site constraints made reconfiguration difficult.

4.2 Healey and Baker therefore concluded that the shape and size of the shop units in the Town Centre, combined with the layout of the Phases, on different levels and connected by walkways, ramps lifts, etc. had made it difficult to attract the range of quality comparison shopping appropriate to a town of the size of Cumbernauld. Substantial leakage of the town’s retail expenditure to neighbouring centres, particularly Glasgow, Falkirk and Stirling was taking place. They also concluded that the new units required to stem this flow could not be provided within the existing structure.

4.3 Their report also emphasised that an inherent fault in the Town’s layout was the division of the Centre by Central Way and the different levels at which connections were made between the different Phases of the Town Centre building.

4.4 The Healey and Baker study formed the base for the Retail Analysis submitted by London & Regional Properties in relation to the 1997 planning application for the Town Centre Extension. The study assesses both the convenience and comparison goods floorspace capacity of Cumbernauld in terms of both quality and quantity. The quantitative assessment in relation to convenience goods concluded that a further 83 900 square feet

41 (gross) of convenience floorspace could have been sustained at that time.

4.5 In the intervening period the population of the area will have increased as a result of a expansion of the town in a number of new housing developments to the north. In addition one of the planning permissions (Broadwood), which was previously included in the existing convenience goods floorspace has not been built and, accordingly, the permission has now lapsed. This would add a further 9 000 square feet to the convenience floorspace which could be supported, giving a total of 92 000 square feet.

4.6 The existing London and Regional permission made provision for 55 000 square feet (gross) of convenience floorspace within the scheme. The current proposal provides a total of 85 400 square feet (gross) convenience floorspace.

5 Consultations

5.1 East of Scotland Water, Transco, The Coal Authority and The Architectural Heritage Society of Scotland offered no comments or objections on the application.

5.2 Strathclyde Police commented on the need for natural surveillance to be achieved for the detached ATM unit proposed at the south western corner of the retail unit. These concerns have been addressed to some degree by the amended elevation details of the proposed development which extended both the canopy and the fenestration around this corner.

5.3 Both SEPA and West of Scotland Water have objected to the application on the grounds that the applicant has failed to propose any method of treatment of surface water run off arising from the development in accordance with the principles of Sustainable Urban Drainage. This is of particular concern given the high levels of pollutants already being discharged from the Town Centre to the Red Burn and the resultant impact on the quality of the watercourse. In the circumstances it would be both reasonable and appropriate that this matter be dealt with by the imposition of a Planning Condition requiring that a suitable scheme of treatment be agreed prior to the commencement of works.

5.4 Sportscotland have objected to the application on the grounds that, contrary to NPPG 11, it would result in the loss of a playing field. However, they have also indicated that their objection would not apply should consent be conditional on the developer funding an acceptable scheme for the improvement of other pitches in Cumbernauld. In relation to the previous planning permission on the site a scheme of replacement provision for Ravenswood was agreed by sportscotland. Again this issue can be reasonably and appropriately dealt with by the imposition of Planning Conditions. It is proposed that a Condition be imposed requiring that either the previously agreed scheme or an agreed alternative scheme of similar value be implemented.

5.5 No responses were received from The Scottish Civic Trust, Falkirk Council or Town Centre Initiatives Ltd.

5.6 The Environmental Control Manager offered no objections subject to the regulation of the hours of working on the site during construction, the limitation of noise levels arising from that construction and the limitation of noise levels emanating from the ventilation system to be installed in the retail unit. All of these matters can be appropriately dealt with by the imposition of Planning Conditions.

42 5.7 The Transport Assessment was based on the paramics study prepared in relation to the 1997 town centre extension application. The Area Transportation Manager raised a number of issues in relation to the methodology and conclusions of the submitted study. These were mainly satisfactorily addressed in a further submission from the applicants. The remaining issues, which relate to the requirement for alterations to junction markings at existing roundabouts and the nature of pedestrian crossings to be provided, can be reasonably and appropriately dealt with by the imposition of Planning Conditions.

6. Representations and Obiections

6.1 This application was subject to normal neighbour notification procedures and was formally advertised in the local press. In addition officers of the department attended two meetings of Carbrain and Hillcrest Community Council in order to address issues arising from the development. In response to this publicity a total of 8 letters of objection have been received. These comprise:

Cumbernauld United Reformed Church Cumbernauld College Cumbernauld Centre Ltd Carbrain Boys Club 4 Letters from residential neighbours, one of which was a petition of 16 names.

6.2 Cumbernauld United Reformed Church were concerned that noise arising from construction on the site could adversely impact on both residential amenity and their Sunday worship. They also state that if this potential problem could be overcome, they would welcome the development proposal which could help to bring employment and prosperity to Cumbernauld, and North Carbrain particularly.

6.3 Cumbernauld College have objected on the ground that the development will result in the College losing their rights to parking at the tryst Road car park and that this will result in the College having insufficient parking to meet its needs. They further consider that this will impact on traffic circulation within the area.

6.4 It is unclear which of the parking areas on Tryst Road is the cause of these concerns. The older car park to the east was part of the original general provision for the town centre and is not directly affected by these development proposals. The newer car park on Tryst Road, which is part of this development site was specifically created in 1996 to facilitate the expansion of the Town Centre. It is therefore unreasonable for the College to anticipate any exclusivity or benefit in perpetuity from it current level of under - use.

6.5 The College has also objected to the loss of their right of passage over Tryst Road.

6.6 The College currently have the ability to gain access to their property from either Tryst Road or North Carbrain Road. The current proposal would result in the closure of Tryst Road in a manner similar to the closure originally proposed in relation to planning permission N/97/00256/FUL for the expansion of the Town Centre. That permission led to the confirmation of the Central Way and Tryst Road Cumbernauld Stopping Up Order 1998 in July 2000, following a Public Inquiry. Whilst the Developer has not yet complied with a number of Planning Conditions which would allow the physical implementation of that Order, there are no further legal impediments to its implementation. In addition it must be borne in mind that Tryst Road has been partially closed since 27* July 1999 to allow demolition works to proceed safely.

43 6.7 Also, two further applications under consideration at this Committee relate to alterations proposed by the College to provide new entrance facilities required to improve their use of the building in light of the impending closure of Tryst Road.

6.8 Burness Solicitors have submitted an objection on a number of different grounds on behalf of Cumbernauld Centre Ltd.

6.9 Cumbernauld Centre Ltd. contend that new Road Closure Orders will be required to allow this development to proceed, should the original planning permission for the larger town centre extension, on which the existing Road Closure Orders are based, not be implemented.

6.10 This amounts to a legal opinion on the status of the Road Closure Orders in relation to the proposed development, rather than an objection to the planning application.

6.1 1 Cumbernauld Centre Ltd. contend that the proposed development relies on the stopping up and diversion of footpaths which make a significant contribution to the footfall currently enjoyed by the present occupiers of Phase 1 & 2.

6.12 The two footpaths which traverse the application site are being diverted to take account of the proposed new development. The diversions involved will link to the same points on the public footpath system at either end of the site, and will not significantly lengthen walking distances for pedestrians traversing the site. It could also be argued that the proposed development would lead to an increase in the level of pedestrian usage of this sector of the town centre and that a consequential increase in the footfall in Phase 1 & 2 would be likely to result.

6.13 Cumbernauld Centre Ltd. state that as the proposal involves the loss of a playing field, it is contrary to NPPG 11 Sport, Physical Recreation and Open Space, and that accordingly the Scottish Sports Council will require to be consulted.

6.14 Whilst the proposed development will result in the loss of the College pitch, this does not necessarily mean it is contrary to NPPG 11. This would only be the case if the proposed development failed to include replacement provision of equal community benefit and accessibility. The London & Regional scheme also involved the loss of the playing field. Planning conditions imposed on that permission required that such replacement provision be made. In consultation with sportscotland, the Council approved a scheme to improve two existing grass pitches at Ravenswood, bringing them back into beneficial use. Similar provisions would apply to the current application.

6.15 Cumbernauld Centre Ltd. state that the proposal would result in a significant loss of existing trees bushes grass and shrubs, resulting in a loss of amenity to the centre of Cumbernauld. They consider that Policy EN8 of the Cumbernauld Local Plan presumes against the development as it would involve the removal of large areas of shrubs and trees. They consider that the proposal is also contrary to Policies EN24 and EN26 of the Cumbernauld Local Plan because it involves the loss of areas of public amenity and recreation and that the Council should promote a Tree Preservation Order in terms of Policy EN22 to prevent the loss.

44 6.16 The site lies within Cumbernauld Town Centre and is specifically allocated for retail development in the adopted Cumbernauld Local Plan (Policies SH1-4, 8 and Proposal SH9A).In allocating the site for development, the existing landscaping would have been considered.

6.17 In dealing with the development of Cumbernauld as a New Town the Corporation adopted an approach of landscaping sites required for future development. This was seen as an appropriate means of safeguarding sites for the future whilst improving the setting of sites being developed and used in the shorter term. This applied particularly within the town centre are where the need to allow the centre to grow to meet the future demand of an expanding town were paramount. It would have not been consistent with the high density urbanised format adopted for Cumbernauld to allow swathes of open space to remain in and around the central area. It was therefore always envisaged that this site would allow for future expansion of the centre and that the existing landscaping would ultimately be removed to make way for development.

6.18 In consultation on the current development proposal the Director of Community Services has raised no specific issues regarding the need to retain any of the existing vegetation on the site. Nevertheless measures which seek to protect all mature trees to the west of Link Road One are to be required by Planning Conditions.

6.19 Policy EN8 of the Cumbernauld Local Plan presumes against development which fails to relate satisfactorily to surrounding landscape or townscape because of its location on the site or its failure to provide adequate protection for features on the site which should be retained in the interest of public amenity. The site within an existing town centre, which could reasonably be expected to have an urban character. Whilst all areas of existing landscape will have some public amenity value, the area of landscaping concerned has no special significance for public amenity.

6.20 Policy EN22, advocates the promotion of Tree Preservation Orders where trees form a notable feature of the landscape or townscape. Orders are normally promoted where a tree or group of trees, the future of which are threatened by development are seen to be of specific amenity value This is not the case in this instance and it would be wholly inappropriate to consider the promotion of a Tree Preservation Order where an existing permission effectively presumes the felling of the trees concerned. The existing London and Regional planning permission, which could be implemented at any time, would involve exactly the same loss of existing vegetation.

6.21 Policy EN24 seeks to improve open space provision and expand opportunities for outdoor recreation, nature conservation and access to the countryside. Whilst these are objectives of the Council and the adopted Plan it is difficult to envisage how there could be any reasonable expectation of providing such facilities within a town centre.

6.22 Policy EN26 presumes against development in areas of open space defined on the Proposal Map. The site is not defined as such on the Proposals Map, but is specifically allocated for retail development.

45 6.23 Cumbernauld Centre Ltd. consider that the proposed development will adversely affect the setting of the neighbouring Listed Buildings. They consider that the proposed car parking and petrol filling station will distract attention from Cumbernauld College such that it will not remain the focus of its setting, contrary to Historic Scotland Memorandum of Guidance on Listed Buildings 1998.

6.24 Cumbernauld College is a Category B Listed Building. The College was designed specifically as a building within the Cumbernauld Town Centre and as such its relationship to the existing Phase 1 & 2 was paramount. The building was never intended to be based on a modern interpretation of a mansion house, sitting isolated in its own grounds, but rather part of a vibrant dynamic town centre with a variety of interconnected buildings and uses.

6.25 The form of the building itself is unique and the distinctive shape of the upper floors makes it a dominant landmark within the Town Centre area.

6.26 In considering the merits of whether the building should be included in the List of Buildings of Special Architectural or Historic Interest, Historic Scotland were fully aware of the existing London & Regional planning permission.

6.27 At its closest point, the proposed retail unit will be over 65 metres away from the building and the petrol filling station is even more remote. Given the height and dominance of the existing building and that the setting is a town centre, it is difficult to see how either of these single storey buildings could have any significant effect on the setting of the building.

6.28 The effect of the proposed car parking on the setting of the building would be negligible, given that some of the existing parking areas are closer to the building. It must also be borne in mind that the building was designed in an environment where car parking and ease of access for vehicles was a prominent feature, underlying the whole concept of the town centre itself.

6.29 Carbrain Boys Club have objected to the loss of College football pitch. They consider that it is inappropriate that E60 000 would be diverted from Carbrain to another area, that an important leisure facility would be lost to the children of Carbrain and that the proposed drainage works at Ravenswood would not compensate them for that loss. They further state that as Carbrain is a deprived area facilities and amenities should be being provided rather than taken away from the area and that North Lanarkshire Council should be increasing the number of sporting facilities in the area, rather than decreasing them as with this proposal.

6.30 Whilst the College pitch does provide a resource for the adjoining Carbrain area, it is a substandard facility in that it has a poorly drained blaes surface. It is not within local authority control and any use is purely at the discretion of the College.

6.3 1 The reference to E60 000 being diverted from Carbrain refers back to the London & Regional planning permission where that sum was specified as a value for the required replacement provision. It should be noted however that the scheme already approved under the terms of that permission would not result in the improvement of facilities within the Carbrain area.

46 6.32 In terms of that previous permission, Planning Conditions required the developer to fbnd replacement provision to the value of 560 000, the nature and location of which was to be approved by the Council in consultation with the then Scottish Sports Council. It was always considered by the Sports Council that as the local authority, North Lanarkshire Council were best placed to assess what and where that provision should be.

6.33 Recognising that any use of the existing pitch was likely to emanate from the adjacent Carbrain area, the Council undertook a survey of that area to find a suitable existing pitch which could be improved or expanded to provide a full size grass playing surface. The school pitches were too small and even with additional areas of open space incorporated could not accommodate the required pitch dimensions and no other sites could be identified within Carbrain. The search area was then widened and two existing grass pitches within the Ravenswood recreational complex were identified. These pitches were virtually unusable due to the lack of drainage facilities.

6.34 A scheme for drainage improvements to these two pitches was prepared and subsequently approved by sportscotland (formerly the Scottish Sports Council). Thus as a replacement for an existing blaes bitch, with no booking facilities, two bookable grass pitches would be brought back into use.

6.35 Whilst this scheme does not address concerns relating to the lack of facilities within the Carbrain area, the Ravenswood complex is designed to serve Cumbernauld as a whole and is within walking distance of Carbrain (approximately 1 kilometre or 0.6 miles). With the introduction and promotion of Soccer Sevens format for all children under the age of 12 by the SFA and sportscotland, the use of a full size grass pitch is less of an issue for the younger children. It would seem more appropriate that local provision should concentrate on this younger age group, which would suggest the provision of smaller ‘sevens’ grass pitches in local area such as Carbrain.

6.36 The Director of Community Services has undertaken to review the situation as to the availability of opportunities for replacement provision to be made within the Carbrain area. Planning Conditions will therefore ensure that either any such replacement provision identified is implemented or the previously agreed scheme is implemented.

6.37 Local Residents from numbers 1 and 2-20 Craigieburn Road have objected on the following grounds:- e light pollution from the garage and shop will adversely affect neighbouring residential properties 0 the petrol station is too close to residential properties e the petrol station will lead to an increase in crime in the area e the petrol station would cause a safety risk because of its proximity to residential properties. loss of the football pitch residential properties will be adversely affected by noise during the construction period residential properties will be adversely affected by noise from deliveries increased traffic on North Carbrain Road the loss of trees and green land and consequent impact on wildlife the development will lower property values the view from these residential properties will be of a building site and then a commercial retail park

47 The loss of the football pitch has already been addressed under paragraph 6.5 of this report and the issues relating to the loss of trees and green space are dealt with in paragraph 6.4. There is no evidence to suggest that the site has any particular significance as a wildlife habitat and it is not recognised as a Site of Local Nature Conservation Value in the adopted Cumbernauld Local Plan.

Local concerns on the traffic generation of the London & Regional scheme and the capacity of the road network to handle the increased traffic were examined extensively, both in dealing with the planning application and in progressing the consequential Road Closure Orders. At every opportunity it was confirmed that the road network, with a number of small junction modifications, could easily cope with the additional demands. The implementation of the current scheme would have different implications for the road network, but these would be satisfactorily addressed by a scheme of similar minor works. At present North Carbrain Road operates at only a fraction of its true capacity and the Area Transportation Manger does not consider that road, traffic or pedestrian safety would be compromised as a result of the proposed development.

6.38 In terms of the proximity of the petrol filling station and the effects this may have on these residential properties, the applicant has submitted amended plans. The filling station has been moved two metres further back from North Carbrain Road. This has allowed the installation of a 1.8 metre high wall with a 2 metre deep area of landscaping in front of it. This will improve the appearance of the filling station from these properties, increase the distance between them and shield the residential properties from any glare emanating from the headlights of cars using the filling station at night. In addition the canopy and other lighting within the petrol filling station will be specifically designed to limit the spread of light outwith the forecourt.

6.39 In the development of any site some disturbance to occupiers of adjacent sites will occur in terms of both noise and air pollution. This should only reasonably prevent the development where an unacceptable level of disturbance would occur over a prolonged period. It is envisaged that the construction period for the site would be relatively short in this instance and Planning Conditions would be imposed to restrict the construction times thereby limiting the period over which disturbance would occur.

6.40 The delivery area is over 200 metres from any the dwellings bordering North Carbrain Road. It is therefore unlikely that significant levels of noise would arise from delivery procedures and lead to a loss of amenity within the properties.

6.41 In terms of concerns in relation to the change in the outlook of the residential properties it must be borne in mind that the site is allocated for retail development in the adopted Local Plan. In any case the living accommodation of these properties is orientated such that it is only kitchen and bedroom accommodation which faces onto the site, across the North Carbrain distributor road.

6.42 There is also a requirement for the area between these properties and North Carbrain Road to be landscaped. This Condition was imposed on the London & Regional planning permission and the obligation would not be removed by the current development proposal.

48 7. Planning Assessment and Conclusions

7.1 The Development Corporation, the former District Council and North Lanarkshire Council have all recognised that the quality and quantity of the shopping found in Cumbernauld does not reach the standard that would be expected for a town of its size. A very substantial percentage of the town spending power is lost to neighbouring centres, particularly Falkirk, Stirling and Glasgow. If Cumbernauld is to compete with these centres then it must pursue a scheme to regenerate the Town Centre and make it an attractive destination for residents.

7.2 The London & Regional scheme approved in 1998 aimed to address these issues by providing a wide range of additional facilities, thereby increasing the viability and vitality of the Town Centre. The layout was designed to integrate the existing diverse parts of the area into a cohesive whole. By eliminating the high volume of through traffic the scheme would also create a central area in which customers could easily move around between parking areas, bus station, different shopping areas and leisure facilities.

7.3 These objectives remain central to the successful regeneration and expansion of the Town Centre. The current proposal relates to that overall scheme, The proposed Link Road One is exactly as approved and required in relation to the larger London a & Regional scheme. The retail unit effectively replaces the warehouse unit floorspace originally proposed for the locus. The development also forms the ‘anchor’ for the London & Regional development

7.4 The proposal accords with all relevant development plan policies and National Planning Guidance. The updated retail capacity assessment finds a deficiency in convenience shopping which the proposed development would meet.

7.5 The development will provide a large modern, supermarket, with a contemporary level of customer facilities designed to meet current expectations of a top level food store, at the western end of the Town Centre. It is designed and positioned to complement the additional shopping mall facilities already approved on the adjoining site area . The scheme also provides the communal parking facilities and one of the two required Link Roads. A high standard of specification and design is to be employed throughout the site, extending to the inclusion of a number of ‘artworks.’

49 Application No: N/O1/00223/FUL

Date Registered: 1 6t’1.March 200 1

APPLICANT : DINE & DESIGN CO. LTD., DALSHANNON FARM, 99 MAIN ROAD, CONDORRAT, CUMBERNAULD G67 4AY

Agent: Arena Architects, 37 High Barholm, Kilbarchan, Renfrewshire PA10 2EG

DEVELOPMENT: ALTERATIONS AND EXTENSION TO DALSHANNON FARM

LOCATION: DALSHANNON FARM RESTAURANT, MAIN ROAD, CONDORRAT, CUMBERNAULD G67 4AY

Ward No: 63 Grid: 273019 - 672671 File Reference: N/PL/30/0 l(9) Site History:

Development Plan: Cumbernauld Local Plan (Adopted 1993)

Contrary to Development Plan: No

CONSULTATIONS:

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

REPRESENTATIONS:

Neighbours: Two Letters Newspaper Advert:

COMMENTS : The applicant seeks planning permission for a large conservatory to the rear and an extension to the kitchen and cellar to the side of the restaurant. The applicant has deleted a proposed ‘drive through’ facility from the current application. The proposal has attracted two letters of objection. On balance, the proposal is considered to be acceptable and it is recommended that planning permission be granted subject to conditions.

RECOMMENDATION: Grant, subject to the following conditions:-

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

Reason/

50 Rcduced by PLANNING APPLICATION NO: N/01/00223FUL Depanmnl of Planning and Enviroomnt Sovlhern DIVISO~ ALTERATIONS AND EXTENSION TO DALSHANNON FARM AT 303 Biendon Sliel MOTHERWELL DALSHANNON FARM RESTAURA AIN ROAD, MLI IRS CONDORRAT, CUMBERNAULD Telephone 01698302100 Fax 01698 302101 LOCATION OF OBJECTORS25TT os Licence IA 09041 L * -2-

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

2. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

List of Background Papers:

Application form and plans dated 27‘”. February 2001 - Letters from Arena Architects (agent) dated 27‘”. February, 16‘”. March and 23‘d. May 2001 Cumbernauld Local Plan (Adopted November 1993) Letters from Transco dated 27‘”. March 2001; West of Scotland Water dated 3rd.April 2001; East of Scotland Water dated 5l”. April 2001 Memo from Transportation Team Manager dated Sti’. May 2001 Letters of objection from Mr. & Mrs. De Nardo, 2 Summerfield Road, Condorrat dated 7‘”. March 2001; Allan J. Sneddon, ‘Cruachan‘ 5 Gainburn Crescent, Condorrat dated 12‘”.March 2001

Any person wishing to inspect these documents should contact Shirley Penman on 01236-616450

Joan/Comaps2000/Shirley.P/N/O1/00223/FUL/29my200 1

52 APPLICATION NO: N/01/00223/FUL

1. SITE AND PROPOSAL

1.1 Dalshannon Farm Restaurant, lies within the well established residential area of Condorrat, Cumbernauld. The site is bounded to the west, south and east by the rear gardens of properties in Gainburn Crescent, Gainburn View and Summerfield Road. To the north lies Main Road with residential properties beyond.

1.2 The proposal involves two extensions to the property. The applicant wishes to construct a large conservatory with a floor area of approximately 64 sq.m. to the rear of the existing restaurant complex to provide additional restaurant accommodation. In addition it is proposed that the existing kitchen on the eastern elevation be extended by approximately 35sq.m. to provide a cellar, a store for beer kegs and other storage areas.

2. CONSULTATIONS AND OBJECTIONS

2.1 The proposal was advertised as it was considered to be a potential bad neighbour development and neighbour notification was undertaken by the applicant. Two letters of objection were received from neighbouring residents as a result of these procedures.

2.2 The main grounds of objection are based on anticipated increases in activity, noise and light disturbance to the detriment of adjacent residential properties, particularly in relation to a proposed ‘drive through’ facility. In addition, issues relating to increased traffic and a reduction in road safety have also been cited as grounds of objection.

2.3 It should be noted that although a ‘drive through’ facility was included in the original proposal submitted, the applicant has subsequently deleted this feature from the current application. The grounds for objection outlined in paragraph 2.2. above relate specifically to the ‘drive through’ facility .

2.4 Transco, West of Scotland Water and East of Scotland Water were consulted on the proposal and have no objections.

2.5 Scottish Power did not respond to consultation.

3. OBSERVATIONS AND CONCLUSION

3.1 The use of the site as a restaurant is long established at this location. Dalshannon Farm Restaurant occupies a large site and is surrounded on three sides by extensive car parking. The design of the extensions is considered to be compatible with the existing building.

3.2 The objections raised regarding this proposal were mainly in relation to the ‘drive through’ facility which has been deleted from the application. It is anticipated that any additional traffic generated by the extended restaurant is unlikely to have a significant impact on the residential properties nearby.

3.4 On balance, it is recommended that the planning permission be granted subject to conditions.

53 Application No: N/O 1/0027 1/FUL

Date Registered: 14th. February 200 1

APPLICANT: MR AND MRS I MOIR, 106 STIRLING ROAD, KILSYTH, G65

Agent: MacFarlane Smith Design, 6 Garrell Grove, Kilsyth, G65 9PT

DEVELOPMENT: ERECTION OF DWELLING

LOCATION : 106 STIRLING ROAD, KILSYTH, G65

Ward No: 66 Grid: 273202 678143 File Reference: PW Site History: 86/0107/OUT and 87/01 19/PL, Erection of Dwelling (106 Stirling Road)

Development Plan: Kilsyth Local Plan 1999, Greenbelt policies GB 1-3

Contrary to Development Plan: Yes

CONSULTATIONS:

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

REPRESENTATIONS:

Neighbours: None Newspaper Advert: None

COMMENTS: This application seeks consent for the erection of a single storey dwelling in the garden of 106 Stirling Road, Kilsyth, a two storey property erected in the late 1980s.

The application site lies to the northeast of the existing dwelling at 106 in part of the property’s existing garden.

Although the site is identified as greenbelt in the Kilsyth Local Plan, the remainder of the garden is within the urban envelope.

No objections have been received as a result of neighbour notification or the newspaper advertisement.

The proposed vehicular access is considered to be acceptable, as is the design and scale of the proposed dwelling.

This application is therefore recommended for approval subject to the application of the relevant conditions.

RECOMMENDATION: Grant, subject to the following conditions :-

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

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

2. That before the development hereby permitted starts, samples of all external materials to be used in construction, including walls, roofs, windows, doors and final paintwork colours shall be submitted to and approved by the Planning Authority including any modifications as may be necessary.

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

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

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

4. That before the development hereby permitted starts, a scheme of tree planting for the periphery of the site shall be submitted to and approved in writing by the Planning Authority including any modifications as may be necessary.

Reason: To ensure that there is adequate and satisfactory screen planting around the periphery of the site in the interests of the visual amenity of this prominent site at the northern approach to the town.

5. That before the dwelling hereby permitted is occupied, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

Reason: To ensure satisfactory vehicular and pedestrian access to the dwelling in the interests of residential amenity and road safety

6. 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: To ensure that no use incompatible with a residential area takes place within the garage in the interests of residential amenity.

56 7. That the integral garage shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason: To ensure that there is adequate accommodation for vehicles within the plot in the interests of residential amenity.

List of Background Papers:

Application form and plans Kilsyth Local Plan 1999 Consultation responses from :- East of Scotland Water West of Scotland Water Transportation Manager

Any person wishing to inspect these documents should contact Paul Williams on 01236-6 16464.

57 APPLICATION NO: N/01/00271/FUL

1. SITE AND PROPOSAL

1.1 This application seeks approval for the erection of a single storey dwelling with integral twin garages at 106 Stirling Road, Kilsyth. The application site lies to the northeast of 106 Stirling Road, in part of the private garden ground of the existing two storey dwelling. It is bounded to the south by the Provost McCann walkway and to the north by Stirling Road.

1.2 The existing house and the application site are prominently located at the northern entrance to the town. The western part of the existing house and garden lies within the urban envelope as defined in the Kilsyth Local Plan 1999. However, a section of the dwelling and garden ground to the east, which includes the application site, is designated within the greenbelt in the local plan.

1.3 The proposed dwelling is single storey with integral twin garages incorporated into the eastern gable in order to link into the proposed vehicular access, which is at the eastern extremity of the site. The proposed dwelling is linear in design, running east-west to reflect the shape of the application site and the pattern of all other existing dwellings on the southern side of Stirling Road.

2. DEVELOPMENT PLAN

2.1 The application site is located within the eastern half of the garden of 106 Stirling Road, which has been included in the greenbelt in the local plan map. Whilst the western half of 106Stirling Road, including garden ground is within the urban envelope. As such, the site lies within the greenbelt in the adopted Kilsyth Local Plan 1999 and is covered by policies GB1-3. As previously stated, a section of the existing dwelling and garden to the west is included within the urban envelope and as such, is covered by policies HG3-5. These policies seek to protect and enhance existing levels of residential amenity.

3. CONSULTATIONS AND OBJECTIONS

3.1 As the application site lies within the greenbelt, the application was advertised in the Kilsyth Chronicle as being contrary to the local plan. However, no objections or representations have been received as a result of this or from the neighbour notification process.

3.2 No objections have been received as a result of consultation with West and East of Scotland Water. Furthermore, the Council’s Transportation Manager has expressed no objections to the proposed vehicular access, which is considered to be acceptable in terms of forward visibility and general specification.

4. OBSERVATIONS AND CONCLUSION

4.1 Although the application site is included within the greenbelt in the Kilsyth Local Plan 1999, it is considered that this must have been a cartographic error. Part of the existing dwelling and its grounds to the west are included within the urban envelope, while another part of the dwelling and garden ground to the east including the application site fall within the greenbelt. It is considered that Stirling Road to the north and the Provost McCann walkway to the south of the site represent a natural, defensible and clearly defined boundary between the urban envelope and the greenbelt. It is therefore considered, in the interests of consistency, that the entirety of the dwelling at 106 Stirling Road including all associated garden ground as bounded by Stirling Road and the Provost McCann walkway should be within the defined urban envelope. 58 4.2 As such, it is considered that the proposed dwelling should be assessed in the light of policies HG3-5. In principle therefore residential development is considered to be acceptable within the application site.

4.3 In considering the design and general layout of the proposed dwelling, a major determining factor is whether the resultant revised plot size of 106 Stirling Road that this subdivision would result in is acceptable in terms of plot ratio and provision of garden ground.

4.4 The revised plot for 106 Stirling Road would if this proposal were developed still have a plot ratio of approximately 21 YOdevelopment. Furthermore, it is considered that the amount of private garden ground left over for 106 is acceptable, this being approximately 600 square metres (a significant proportion of which with a depth of 18 metres) when compared to the 275 square metre footprint of the dwelling.

4.5 Similarly, the proposed dwelling although not of a standard or conventional design will have a private garden area of approximately 360 square metres, the majority of which with a depth of at least 10 metres. This figure is arrived at by including the garden area to the west of the proposed dwelling, which due a slope in ground levels is secluded from Stirling Road. Additionally, the plot ratio of the proposed dwelling is approximately 22% development, this is due to the large site area.

4.6 A further important consideration is the relationship between the eastern gable of the existing dwelling and the western gable of the proposed dwelling. The minimum distance between the gables at any point is 17 metres and the finished floor level of the proposed dwelling will be 300 millimetres above that of the existing dwelling. Furthermore, the eight windows on the eastern gable of the existing dwelling do not serve main habitable rooms. Three obscured windows serve en suite bathrooms, three serve walk in bedroom cupboards and two on the ground floor serve a games room. The two windows on the western elevation of the proposed dwelling serve a lounge and a family room. It is therefore considered that the resultant gable relationship in conjunction with 2 metre high boundary fencing, is considered to be acceptable and will not represent a threat to the existing levels of privacy currently enjoyed by the occupants of 106 Stirling Road.

4.7 In conclusion, the design of the proposed dwelling is considered to be acceptable and appropriate for the application site. Although not a conventional design, it is considered to be imaginative and as previously stated in paragraph 3.4, of an appropriate scale. Provided that it is constructed with acceptable finishing materials, it is considered that the proposed dwelling can make a positive contribution to this prominent site at the northern entrance of the town.

4.8 This application is therefore recommended for approval subject to the application of the appropriate conditions.

59 Application No.: N/O 1/00377/FUL

Date Registered: 6th April 200 1

APPLICANT: MR & MRS PFU", 10 DROVE HILL, BALLOCH, CUMBERNAULD G68 9DL

Agent: ARM Architects, 10 Payne Street, Port Dundas, Glasgow G4 OLF

DEVELOPMENT: EXTENSION TO DWELLINGHOUSE

LOCATION: 10 DROVE HILL BALLOCH CUMBERNAULD G68 9DL

Ward: 56

Grid Reference: 273710.675109.

File Reference: GL

Site History: No Applications of Relevance

Development Plan Zoned as Residential in Cumbernauld Local Plan Contrary to Development No Plan:

CONSULTATIONS:

Objection: No Objection: West Of Scotland Water, Transco,

Conditions: No Reply: East Of Scotland, Scottish Power

REPRESENTATIONS:

Neighbours: Two letters received from same objector Newspaper Not Required Advertisement:

COMMENTS: This application proposes altering and extending the existing dwelling to modify the house and thereby make it suitable for the care at home of a disabled member of the family. At the same time the dwelling must continue to function as a home for the rest of the family. It is proposed that the existing dwelling is extended to the front and rear and that internal alterations are carried out.

Two letters of objection have been received from a neighbour, the second of which was received following them being notified that modifications had been made to the design of the front extension. Their concerns are discussed in detail in the accompanying report.

The proposed development will result in a dwelling that will take up a significant proportion of the plot. It has been designed , however, to minimise the resulting effect on the neighbouring properties. In view of this and having regard to the particular circumstances it is recommended thanningpermission be granted. Produced by Depailmnl of Planning end Environmenl PLANNING APPLICATION NO: N/01/00377/FUL Southern Division 303 Brandon Slieel MOTHERWELL MLI 1RS Telephone 01898302100 Fw 01698 302101 * LOCATION OF OBJECTOR A1:1250 os tlsense L4 09M1L RECOMMENDATION:

Grant, subject to the following conditions:

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

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

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

3. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatments, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as required, and it shall include:-

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

Reason : In the interests of visual amenity

4. That within one year of the development hereby permitted, all planting, seeding, turfing and earth mounding included in the scheme of landscaping and planting approved under condition 3 above, shall be completed and any trees, shrubs or area of grass which die are removed, damaged or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason : In the interests of visual amenity.

5. That prior to the commencement of the development hereby permitted full details of the proposed surfacing of the vehicular access and driveway shall be submitted for the written approval of the planning authority.

Reason : To ensure that a satisfactory vehicular access is provided.

6. That prior to the completion of the development hereby permitted the vehicular access and driveway shall be surfaced in accordance with the details approved under the terms of condition 5 above.

Reason : To ensure that a satisfactory vehicular access is provided.

7. That the integral garage shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.

Reason : To enable the planning authority to retain effective control.

8 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 ame@ List of Background Papers:

Application form and plans Consultation responses from West Of Scotland Water dated 12thApril; Transco dated 17' April 2001; 200 1 and Transportation Manager dated 24" April 200 1 Letters of representation from Michael & Teresa Doggart, 18 Drove Hill, Balloch, Cumbernauld G68 9DL letters dated 16' April and 17" May 200 1. Cumbernauld Local Plan adopted November 1993

Any person wishing to inspect these documents should contact Graeme Lee at 01236 616474.

63 APPLICATION NO. N/01/00377/FUL

1. DESCRIPTION OF SITE AND PROPOSAL

1.1 This application proposes altering and extending the existing dwelling to modify the house and thereby make it suitable for the care at home of a disabled member of the family. At the same time the dwelling must continue to function as a home for the rest of the family. It is proposed that the existing dwelling is extended to the front and rear and that internal alterations are carried out. The proposed front extension will provide a new entrance hall way, new garage, two bedrooms and a bathroom. The rear extension will provide a hydrotherapy pool and a bedroom. Alterations to the property include the modification of the existing garage and fourth bedroom to form a physiotherapy room, bathroom and a room and bathroom for the full time carer.

1.2 The site is zoned as residential in the Cumbemauld Local Plan. The application property is in an established residential area within the Balloch area of the town. The dwellings on Drove Hill were developed on a plot by plot basis and the layout is unusual. The application property is accessed off a culdesac and sits behind the properties on the main part of Drove Hill. There are dwellings on three sides of the application property and to the rear is landscaped ground and Eastfield Road.

2. REPRESENTATIONS AND CONSULTATIONS

2.1 The consultees have not raised any concerns regarding the proposed development. However, two letters of representation have been received from residents of 18 Drove Hill. The second letter reiterated their original objection to the proposed development despite modifications that were made to the front extension. Their objection relates to the extension proposed for the front of the application property and the impact that it will have on the amount of light entering the rear windows of their own property.

3. PLANNING ASSESSMENT AND CONCLUSIONS

3.1 Discussions with the applicant’s agent has resulted in modifications to the proposed front extension. The elevation facing the objectors’ property has been amended and the garage has been reduced in size meaning that the rear elevation of the garage has been moved further away from the objectors’ property. Also, this has enabled the relocation of a bedroom window to an elevation that no longer faces the objectors’ property.

3.2 The objectors’ concerns relate to the overshadowing effect of the proposed front extension and that this will lead to a loss of light to the windows on the rear of their own property. At present, and as a consequence of the orientation of the two properties, the objectors’ rear windows face onto the front garden of the application site. However, the view from these windows is curtailed due to a screen fence of at least 2 metres in height being situated on the boundary of the two properties. Given that the distances between these windows and the ridgeline of the proposed extension is to be over 15 metres it is considered that any loss of light that the objector may experience would not be so significant as to justify refusing planning permission.

3.3 The proposed extension will affect the outlook from the objectors’ property but this is not a material planning consideration. That said, the modifications required of the applicant relating to the proposed front extension should assist in reducing the visual impact of the proposed extension. The relocation of a bedroom window from the elevation will also reduce any sense of overloolung that may otherwise have occurred.

3.4 The proposed development will result in a dwelling that will take up a significant proportion of the plot. It has been designed, however, to minimise the resulting effect on the neighbouring properties. Due to the nature of this development it is considered that the applicant should be required to submit a landscaping scheme which should also assist in minimising the effect that the resultant dwelling may have on the neighbouring properties. In view of this, and having regard to the particular circumstances, the proposed development is considered to be acceptable in planning terms. 64 4. RECOMMENDATION

4.1 It is considered that in this case despite the fact that the proposed dwelling will take up a significant proportion of the plot there are unique and extenuating circumstances which enable planning permission to be granted without setting an undesirable precedent. Accordingly, it is recommended that planning permission is granted.

65 Application No: N/O 1/00400/FUL

Date Registered: 12th April 200 1

APPLICANT: HIGHLAND COLOUR COATINGS Ltd, PINEFIELD INDUSTRIAL ESTATE, ELGIN IV30 6FG

Agent: Algo Blairgowrie Ltd, Mains of Mause, Blairgowrie, PHlO 6TE

DEVELOPMENT: ERECTION OF INDUSTRIAL BUILDING

LOCATION: SITE AT TOWER ROAD, BLA.UUINN, CUMBERNAULD

Ward No: 60 Grid: 276152 - 672565 File Reference: GL Site History:

Development Plan: Zoned as Industrial in the Adopted Local Plan

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Transco, The Coal Authority, Scottish Power, East of Scotland Water No Reply: SEPA Conditions:

REPRESENTATIONS:

Neighbours: None received Newspaper Advert: 16 letters received

COMMENTS: This planning application is for the erection of industrial buildings on a site zoned for industrial use in Blairlinn Industrial Estate, Cumbernauld. The application site is owned by the Council.

A number of letters have been received objecting to the proposed development and these are covered in detail in the accompanying report. The proposed building is considered to be acceptable in planning terms and accordingly, it is recommended that planning permission is granted. It should be noted that because the Council owns the site and a number of objections have been received it will be necessary to refer this application to the Scottish Ministers.

CodRecommendation Produced by I Department of Plann~ngend Environment PLANNING APPLICATION NO: N/01/00400/FUL SO"Ihel" h"l*iO" 303 0randon Slreel MOTHERWELL MLI 1RS Telephone Fax 01698 A 01698302100 302101 * LOCATION OF OBJECTORS 1:3000 OS Licence LA 09041 L -2-

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

2. That the only means of vehicular access to the site both during the construction works and thereafter shall be by way of the access indicated on the approved plans.

Reason : In the interests of Road Safety.

3. That prior to the commencement of construction work on the building hereby permitted the access road referred to in condition 2 above shall be formed to base course level.

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

4. That as soon as is reasonably practicable at the end of each worlung day, or as may otherwise be required during the day, Tower Road, Blairlinn Road and the B8039 shall be swept or otherwise cleared of mud or similar material, which has been carried out onto the surrounding road network by vehicles leaving the site during the construction of the development.

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

5. That the access road referred to in condition 2 above shall comply with the following requirements of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority:

a) A junction type connection shall be provided to Tower Road with 10.5 m corner radii leading to a 7.3 m wide access road. b) A minimum 25 m junction spacing to be provided between the access hereby permitted and the Fannfoods access. c) A visibility splay of 4.5 x 60 m measured from the road channel shall be formed on both sides of the vehicular access 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 Road Safety

6. That a visibility splay of 4.5 x 60 m measured from the road channel shall be formed within the application site at the junction of Tower Road and Blairlinn Road and thereafter nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within the sight line area.

Reason : In the interests of Road Safety.

7. That prior to the completion of the development hereby permitted a minimum 2 m wide footway shall be formed in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority along the frontages of the application site marked in yellow on the approved plans.

Reason : In the interests of pedestrian and road safety. 68 8. That prior to the completion of the development hereby permitted a minimum 2 m wide verge shall be formed along the road frontage marked in blue on the approved plans.

Reason : In the interests of Road Safety.

9. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatments, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as required, and it shall include:-

Reason : In the interests of visual amenity

10. That within one year of the development hereby permitted, all planting, seeding, turfing and earth mounding included in the scheme of landscaping and planting approved under condition 9 above, shall be completed and any trees, shrubs or area of grass which die are removed, damaged or become diseased, within five years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason : In the interests of visual amenity.

11. Notwithstanding the generalities of condition 9 above, the landscape scheme shall include full details on the proposals for the retaining as much of the existing landscaping and vegetation within the site as is practicable including the sections of the double hedgerow marked in green on the approved plans.

Reason : In the interests of biodiversity and visual amenity.

12. That before development starts a scheme of tree protection measures in accordance with British Standard 5837 shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason : To safeguard the existing vegetation within the site in the interests of the visual amenity of the area.

13. That before development starts the tree protection measures approved in accordance with the terms of condition 12 above shall be implemented on site and shall not be removed without the approval in writing of the Planning Authority.

Reason : To safeguard the existing vegetation within the site in the interests of the visual amenity of the area.

14. That prior to the commencement of the development hereby permitted a scheme shall be submitted for the approval of the planning authority, including any modifications as may be required detailing the measures that will be taken to translocate the Teasil plants and any orchids present on the site to parts of the application site that will be unaffected by the proposed development.

Reason : In the interests of biodiversity

69 15. That the translocation scheme required under the terms of condition 14 above shall be implemented with all the work being completed on site prior to the commencement of works to construct the building hereby approved.

Reason : In the interests of biodiversity

16. That before the development hereby permitted starts a scheme detailing the following will be submitted and approved in writing by the Planning Authority, including any modifications as may be required:

1) the proposed location for the site compound, 2) the proposed location for temporary soil storage mounds, 3) the method of securing the site during the construction works and 4) the intended location of construction staff parking.

Reason : In the interests of the amenity and safety.

17. That before the commencement of the development hereby permitted, full details of the galvanised fence to be erected around the site shall be submitted and approved in writing by the Planning Authority, including any modifications as may be required.

Reason : In the interests of visual amenity.

18. That before the commencement of the development hereby permitted, full details of the means of lighting both the yard area and the external elevations of the buildings shall be submitted and approved in writing by the Planning Authority, including any modifications as may be required.

Reason : In the interests of amenity and to minimise light pollution to the residents of Luggiebank.

19. That before the commencement of the development hereby permitted, full details of the storage system to be utilised for both treated and untreated metal within the yard area, shown hatched in blue on the attached plans, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason : In the interests of visual amenity.

20. That all metals shall be stored within the yard area shown hatched in blue on the approved plans and in accordance with the details approved under the terms of condition 19 above.

Reason : In the interests of visual amenity

21. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992, the extent of the yard area associated with the proposed development shall be restricted to that shown hatched in blue on the attached plans.

Reason : In the interests of visual amenity.

22 * That unless as may otherwise be agreed in writing by the planning authority, the loading and unloading of metals shall only take place between the hours of 7.00 a.m. to 7.00 p.m.

Reason : To assist in the reduction of noise from the site in the interests of the amenity of local residents.

23. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning AuT@ty, including any modifications as required, Reason : To enable the Planning authority to consider these aspects.

24. That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements)(Scotland) Regulations 1984, no fascia signs, adverts or projecting signs shall be erected on the premises.

Reason : In order that the signage for the buildings can be considered in detail given that the details shown on the approved drawings are for illuminated signs.

25. That prior to the completion of the development hereby permitted the access road, internal circulation road, the storage areas and the staff car parking shall be surfaced in accordance with the details shown on the approved plans.

Reason : To ensure that these areas of the site are completed in accordance with the approved details.

26. That from commencement of the development on site, construction work shall conform to BS-5228, Noise from Construction and Open Sites.

Reason : To safeguard the amenity of the residents of Luggiebank during the construction phase of the development.

27. That prior to the commencement of the development hereby permitted, a scheme detailing the measures to be taken to control the emission of dust or odours from the powder coating process shall be submitted to and approved in writing by the planning authority, including any modifications as may be required.

Reason : To safeguard the amenity of the residents of Luggiebank and to protect the environment

28. That upon completion of the development hereby permitted the scheme of measures approved under the terms of condition 27 above shall be implemented and be fully operational prior to the commencement of powder coating and thereafter the approved measures will continue to operate when powder coating is being undertaken.

Reason : To safeguard the amenity of the residents of Luggiebank and to protect the environment Note

If granted this application will have to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

List of Background Papers:

Application forms and plans Consultation responses from Transco dated lst May 2001; West of Scotland Water dated 2ndMay 2001; the Coal Authority dated 31d May 2001; Protective Services Division (North Area Office) dated 4" May 2001; East of Scotland Water dated 4' May 2001; Scottish Power dated 8' May 2001; Environmental Control Manager dated 15" May 2001; Director of Community Services dated 16" May 2001 and Transportation Manager dated 24' May. Letters of representation from Mr & Mrs R Skidmore, 6 Blairlinn View, Luggiebank, Cumbernauld G67 4AD dated 8" May 2001 and 26" May 2001; Mr & Mrs A Earlam, Burnbrae, 678 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 11' May 2001; Mr & Mrs D G Morrow, 656 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 12" May 2001, Mr & Mrs J Brown, Mossilee, Blairlinn View, Luggiebank, G67 4AD dated 1 0" May 200 1 ; Mr & Mrs I Drummond, 666 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 1 1 th May 200 1; Mr & Mrs I Buchanan, TlTower, 664 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 14' May 2001; J McKenzie, 4 Blairlinn View, Luggiebank, Cumbernauld G67 4AD dated 14' May 200 1; Mr C Charters, Brooklynn, 672 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 1 1* May 2001; Mrs A M Charters, Brooklynn, 672 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 1l* May 2001; Mr & Mrs R Turner, Old Orchard, 673 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 14* May 2001; Mr A Pisacane, 657 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 23rdMay 2001; Mr & Mrs J Gallacher, 2 Blairlinn View, Luggiebank, Cumbernauld received 29' May 2001 and Mr & Mrs R J Docherty, 675 Stirling Road, Luggiebank, Cumbernauld G67 4AB dated 28* May 2001 Adopted Cumbernauld Local Plan

Any person wishing to inspect these documents should contact Graeme Lee on 01236-616474

I:\SSWOAN\COMAPS20\GRAEME.LEE\O100400.doc

72 APPLICATION NO: N/01/00400/FUL

1. SITE AND PROPOSAL

1.1 This site lies at the entrance of Blairlinn Industrial Estate on land that is currently vacant. Access to the site will be taken fi-om Tower Road. The site is bounded on 3 sides by roads - Tower Road, the B8039 (which as you enter the industrial estate becomes Blairlinn Road) and the currently incomplete road which was intended to form a link with the A73. On the opposite side of the B8039 lies Luggiebank. The closest residential property is situated 85 metres away from the edge of the application site. The B8039 and the Blairlinn Roundabout lies between the properties in Luggiebank and the site. The properties are also set back from the road behind a landscape strip some 25 metres in depth and which includes mature trees and bushes.

1.2 The proposed buildings will be situated within the middle of the application site allowing circulation of vehicles around the site. The positioning of the buildings on the site also means that a significant proportion of the site can be landscaped. Also, the storage of steel will take place on concrete storage areas around the buildings. There will be 3 buildings, the galvanising plant, the powder coating plant and the will be an officehtaff block. The buildings will be covered in steel cladding that which will be predominately grey. However, there will be vertical bands of brighter colours on the front and rear elevations and on the roof. The two process buildings are under 11 metres in height (measured to the ridgeline) and are both of similar size (1200sq m and 1500sq m). The front elevation of the buildings will be floodlight as will the yard area. The yard will be light by 10 metre high lighting poles fitted with halogen lamps that will directed into the site and which will be screened from the back.

1.3 The applicant advise in their supporting statement that:

The proposed development will create initially around 40 new jobs and that this may increase to 100. The majority of the workforce will be recruited locally and be trained by the company. The company is proposing to operate a powder coating facility which will offer a service not currently available in Scotland as most similar facilities concentrate on aluminium and where they do coat steel it tends to be smaller in size. Also, in siting both operations on the one site it will be possible to reuse water fi-om the powder coating operation in the galvanising process, the first such installation in Scotland. Initially it is intended that the factory will operate from 6.00 a.m. to 6.00 p.m. but if work levels permit a shift system may be introduced. The factory is orientated such that the untreated steel is unloaded and stored at the far end of the factory which means that this activity will take place as far as possible away from the residential properties in Luggiebank. The treated steel will be stored at the opposite end of the factory and will be more visible. A planted earth mound will be formed along the north western boundary of the site and this will assist in screening the site but will also assist in reducing noise from the site. That the plant will operate well within any environmental limits that SEPA impose. That the likely number of HGVs visiting the site will be around 20 per day (more than half of which will be articulated lorries). An estimated annual tonnage of 6-7000 tonnes of steel will be treated at the site.

1.4 The application site is zoned as Industrial in the Cumbernauld Local Plan.

2. CONSULTATIONS AND REPRESENTATIONS

2.1 No objections to the proposed development have been received from any of the consultees. The transportation manager has advised that he has no objections subject to conditions regarding the location and geometry of the site access, visibility splays and the provision of footpaths. The Environmental Control Manager advised Tggiven the location noise would not appear to be a problem. Also, that planning conditions should be imposed regarding emissions and that construction work should conform to BS 5228, Noise from Construction and Open Sites. Community Services advise that there are existing features on the site that are of importance in landscape and ecological terms and where possible these should be retained. The utility companies do not forsee any problems with the development of this site.

2.2 The proposed development was advertised as a potential bad neighbour development in the local press and a total of sixteen letters of representation were received objecting to the proposed development and these can be summarised as follows:-

1. Noise - from additional HGVs and from the process itself given that it will involve moving heavy pieces of steel around the site; 2. Infrastructure - the local roads are unsuitable and cannot cope with the additional traffic. Any increase in traffic will have an adverse affect on road safety and this itself will be hazardous particularly given that the chemicals used in the process will be transported by road; 3. Wildlife/environment - the proposed operation will threaten the local environment particularly with regards to emissions to the atmosphere and the discharge of waste into local water courses 4. Pollution - the site is located near a bum that feeds the Luggie Water any pollution at the site will adversely affect the local watercourses; 5. Smells - the process will involve emissions to the atmosphere and this will have an adverse impact on the residents of Luggiebank; 6. Property values -the proposed development will have an adverse affect on property values; 7. Conflict of interest / the site will be sold at a reduced price - the Council owns the site and is selling it at a reduced price and therefore cannot be impartial in this matter; 8. Size and design of building - the height of the building will create a sense of enclosure. Also, the proposed design and colour of the building will mean that it is an eyesore. 9. Proximity to housing - it is unacceptable to site a development of this nature in such close proximity to residential properties; 10. Location - other industrial sites exist that are more remote from housing areas; 11. Development Plan - the proposed development is contrary to the Local PladStructure Plan 12. Economics - the jobs that will be created will be of a low tech nature which makes poor economic sense. 13. 24 hour operation - the proposed development will operate 24 hours a day 14. Light pollution - the lighting on the faqade of the building and in the yard area will cause light pollution.

3. OBSERVATIONS

3.1 At the outset it is important to state that contrary to the comments of the local residents, the site is zoned as Industrial in the Cumbemauld Local Plan which was adopted in 1993. It is also worth noting that had there been a factory building on the site which the applicant were converting, then planning permission would not be required for the proposed operation. This is of importance as the majority of the points of objection received relate to the proposed operation itself. Galvanising requires authorisation from the Scottish Environmental Protection Agency (SEPA). It is they and not the Council that regulate this part of the processes. Under certain circumstances Powder Coating also requires authorisation from SEPA. However, in this case, the quantity of powder coat that will be storedused on an annual basis falls below the threshold of 20 tonnes per annum. If from the applicants’ point of view, the powder coating process becomes more successful and they exceed this threshold, then they would also require authorisation from SEPA for this part of their activities.

3.2 A common concern of the local residents related to increased traffic (particularly lorries) on local road network. The Transportation Manager has not raised any objections to this aspect of the proposed development and has restricted his comments to the site access, safeguarding visibility splays at the entrance to the industrial estate and to the provision of footpaths. Therefore, there is not considered to be any roads or road safety re&& which would justify refusing planning permission. 3.3 The threat to the local area and environment from pollution, waste and smells associated with the proposed development was of concern to local residents. As stated above, galvanising is classified as a prescribed process and as such the responsibility for the control of emissions and the disposal of any waste that arises from the process is a matter for SEPA. Protective Services have recommended the use of a planning condition regarding emissions from the site. Such a condition can be imposed requiring the submission of details of the measures to be taken to ensure that emissions from powder coating plant are controlled in such a manner so as to prevent emissions of dust and odours beyond the site boundaries. Therefore, whilst appreciating the concerns of the local residents, in this instance, consideration of the proposed development must be restricted to land use issues. The applicant has provided information on their operation at Elgin and has stated that they will ensure that the proposed operation at Blairlinn operates within similar environmental perameters. The examples given relate to levels set by SEPA for emissions of particulates, chlorides and lead and in all cases the applicant advises that they are considerably within the prescribed limits. Also, it is worth noting that the materials or substances that will be used in the processes to be undertaken at the site do not require Hazardous Substances Consent from the Planning Authority. Such a consent is only required where the either the nature of the substances themselves require it or the quantities in which they will be stored are above thresholds defined in legislation.

3.4 The local residents are concerned that the proposed development will have an adverse effect on local wildlife (as a result of pollution). Community Services do not see this as an issue and have restricted their comments to ensuring that where possible that the impact of the development on the ecology of the site is minimised.

3.5 The residents do raise a number of concerns that are material planning considerations particularly those regarding the proximity and design of the proposed buildings to the dwellings in Luggiebank, issues of noise, light pollution and the proposed working hours. It is considered that the layout of the proposed building and the positioning of the lighting has, as far as is reasonably practicable, taken into consideration the fact that there are residential properties in Luggiebank. The closest property is situated some 85 metres from the edge of the application site (the proposed building will be approximately 130 metres away). The intervening ground is made up of a significant landscaped area and the B8039 and the Blairlinn roundabout (both of which are lit). The applicant is proposing a landscaped mound within the application site that will in time reduce the visibility of the proposed buildings and also assist in reducing noise and light pollution. The Environmental Control Manager does not regard noise as being a significant issue and has formed this view on the basis of the information provided by the applicant i.e. that initially operations would be from 6.00 a.m to 6.00 p.m. but that shift working may be introduced if the level of work is such that this is required. That said, it is considered that there are certain aspects of the operation which could impact upon the amenity of local residents if they were to be unrestricted. Therefore, it is considered that it would be appropriate, initially, to restrict the hours during which either the unloading of untreated metal or the loading of treated metal occurs. In all other regards it is considered that the proposed layout and positioning of the buildings is acceptable in planning terms and given that the site is zoned for industrial use the above matters do not provide adequate or appropriate grounds for refusal.

3.6 Several matters were raised by objectors that are factually incorrect or that are not material planning considerations. The effect of the proposed development on property values is not a material planning consideration. The companies decision to pursue an application for this particular site is a matter for the company and whilst there are other industrial estates and vacant industrial units within the town the choice of the application site is a business decision. In any event, as has been stated the application site is zoned for industrial use. The fact that there are other similar operations within the town is not a material planning consideration. Luggiebank is not a conservation area although a blanket tree preservation order covers the majority of the dwellings in Luggiebank. The applicant advises that the proposed development will create new jobs, initially around 40 but possibly rising to around 100 if business levels allow. Concern was expressed by one objector that the jobs that will be created will be ‘low grade’ and that the town should be seeking to attract higher quality jobs. The nature of the jobs that will be created is noQ Gaterial planning consideration, that said, the proposed Id -- development represents a significant investment in the town and the viability of the town’s economy is dependant on there being a range of employers and job opportunities. The Council will sell the site at full market value and not at a reduced rate. As a result of the letters of objection received and given that the site is owned by the Council if the Committee are minded to grant planning permission then the application must be referred to the Scottish Ministers. In this way the Council’s decision is scrutinised to make sure that it has acted impartially.

4. CONCLUSION AND RECOMMENDATION

4.1 The proposed development accords with the Adopted Local Plan and the layout, positioning of and design of the buildings are acceptable in planning terms. Accordingly, it is recommended that planning permission is approved.

76 Application No: N/O 1/004 1 1/FUL

Date Registered: 17th. April 200 1

APPLICANT: JOHN MARTIN, 18 BACKBRAE STREET, KILSYTH G65 ONH

Agent:

DEVELOPMENT: ERECTION OF GARAGE

LOCATION: 18 BACKBRAE STREET, KILSYTH

Ward No: 66 Grid: 271697-677961 File Reference: MD Site History: 88/00074/PL: Alteration to Shop - Approved July 1988 94/00135/PL: Erection of Fascia Sign - Approved September 1994 N/99/01069/FUL: Part change of use shop to dwelling, alterations to building and formation of vehicular driveway - Approved August 1999 Approval granted for service of Enforcement Notice requiring the taking down of the partly built garage - April 2001

Development Plan: Kilsyth Local Plan 1999 - Kilsyth Central Area (SC1,4,5 and 7): Kilsyth Conservation Area (BE5)

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: Architectural Heritage Society for Scotland No Objection: East of Scotland Water; West of Scotland Water No Reply: Conditions:

REPRESENTATIONS:

Neighbours: None Newspaper Advert: None

COMMENTS: The application is for a garage in the side garden at 18 Backbrae Street, Kilsyth. The site is within the Kilsyth Conservation Area.

The garage is partly erected with enforcement action having been approved in April 2001 for its demolition. No Enforcement Notice has however been served pending a decision on the current application.

It is considered that the garage is unacceptably out of keeping with the traditional character of the Conservation Area. The small size of the garage building and the dominating effect of the garage door means that the character and proportions of the building differ significantly from the character and design of traditional buildings in the local area. Due to the adverse affect the garage will have on the appearance of the site and on the general Conservation Area the proposal is contrary to Kilsyth Local Plan Conservation Area policy BE5.

This/ 77

-2-

This policy states that new development in the Conservation Area should preserve or enhance the character or appearance of the area, should accord with relevant design guidance and states that there will be a presumption against development which would have an adverse affect on the setting of the Conservation Area.

There are no road safety objections to the garage subject to the garage doors not opening outwards onto the immediately adjacent pavement. This requirement will make a traditional looking timber vertical slatted door difficult to achieve.

It is considered that the application building is below the design standard necessary for this sensitive area and it is recommended that planning permission be refused.

RECOMMENDATION: Refuse for the following reasons:.

1. In the interest of amenity in that the garage is below the design standards appropriate for a building in this sensitive site in the Kilsyth Conservation Area; in this respect the garage is contrary to Kilsyth Local Plan Policy BE5 concerning developments in the Kilsyth Conservation Area.

2. That should planning permission be granted a precedent may be set which would make it difficult for the planning authority to refuse similar applications.

List of Background Papers:

Application form and plans Kilsyth Local Plan 1999 Consultation letters from The Architectural Heritage Society of Scotland, East of Scotland Water and West of Scotland Water

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

Joan/Comaps/Martin.D/01/00411/FUL/2lmy2001

79 APPLICATION NO: N/01/00411/FUL

1. SITE AND PROPOSAL

1.1 The application is for the erection of a pitched roof single garage finished in slate and wet dash. The building is partly erected although works have now stopped. Enforcement action was approved in April 2001 for the taking down of the partly built structure and the return of the site to a vehicle driveway and garden. The enforcement notice has not however been issued pending a decision on the current planning application.

1.2 The garage site is in the side garden of the shop and flat at 18 Backbrae Street. It is immediately adjacent to the flat roofed extension to the shop at 8 Backbrae Street.

1.3 The site is within the Kilsyth Conservation Area and is covered by Kilsyth Local Plan policies relating to the Conservation Area (BE5) and to the central retail area (SC1,4,5 and 7). Policy BE5 says that development in the Kilsyth Conservation Area should preserve or enhance the character or appearance of the Conservation Area and should accord with relevant design guidance. It further states that there will be a presumption against development which would have an adverse affect on the setting of the Conservation Area.

2. CONSULTATIONS AND REPRESENTATIONS

2.1 Consultation responses are as follows:-

Architectural Heritage Society for Scotland: The Society objects to the proposal due to it disrupting the existing visual harmony of the area and recommends that planning permission be refused; East of Scotland Water: Apparatus details supplied; West of Scotland Water: Apparatus details supplied.

2.2 There are no objections to the garage from the Transportation Manager subject to the garage door(s) not opening outwards onto the immediately adjacent pavement. This requirement makes it difficult to achieve a traditional vertically slatted timber door.

2.3 No representations have been received in response to neighbour notification or to the newspaper advertisement.

3. OBSERVATIONS AND CONCLUSION

3.1 Due to functional requirements the single garage is basic in design and the frontage is dominated by the garage door opening. These features are at odds with the varied examples of traditional buildings which give the Conservation Area its high quality amenity and character. Most local traditional buildings have a clear vertical emphasis running through well thought out and interesting designs. In contrast however the garage is an uninteresting and uninspiring building which is out of keeping with the area. It does not fulfil the local plan requirement that new buildings should “preserve or enhance the character or appearance of the Conservation Area”.

3.2 The Architectural Heritage Society of Scotland has recommended that planning permission be refused due to the garage disrupting the existing harmony of varying heights of roof lines and the focal role of the 1 % storey villa.

3.3 There are no obvious improvements which could be made to the garage to render it acceptable. It is recommended that planning permission be refused due to the garage being significantly below the design standard requirements for this sensitive site within the Conservation Area, and due to it being contrary to the relevant local plan design policy. Application No: N/O U0043 8/OUT

Date Registered: 20th. April 2001

APPLICANT: GAULD PROPERTIES LTD., 22 MILNPARK STREET, GLASGOW G41 1BB

Agent: John Harley, 41 King Street, Coatbridge

DEVELOPMENT: ERECTION OF DWELLING (OUTLINE)

LOCATION: AUCHENGEICH HOUSE, AUCHENGEICH ROAD, MOODIESBURN

Ward No: 69 Grid: 268992 - 670932 File Reference: MD Site History: TP/93/367: Erection of Dwelling (Outline) - Approved November 1993; TP/94/004: Erection of Dwelling - Approved February 1994 N/96/0167/PL: Erection of Two Dwellings (Outline) - Refused July 1996.

Development Plan: Strathkelvin Southern Area Local Plan 1983 - Area Unaffected by Specifying Proposals (E.PR06) Northern Corridor Finalised Draft Local Plan 2000 - Greenbelt (ENV.2-8) and Methane Gas Zone (ENV.33)

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: The Coal Authority, West of Scotland Water No Reply: Conditions:

REPRESENTATIONS:

Neighbours: Three Newspaper Advert: Not required

COMMENTS: The application is in outline for the erection of a dwelling to the front of Auchengeich House, Auchengeich Road, Moodiesburn. A previous application for the erection of two dwellings on the application site was refused in July 1996 due to the sub standard junction with Auchengeich Road.

The site is within the greenbelt in the emerging local plan (Northern Corridor Finalised Draft Local Plan 2000) although it is outwith the greenbelt in the Strathkelvin Southern Area Local Plan 1983.

No/ 81 - N/01/00438/OUT 1 &$%%of Planning and Environment Noithern Dilsion GAULD PROPERTIES Bron Way AUCHENGEICH HOUSE CUMBERNAULD G67 1DZ AUCHENGEICH ROAD MOODIESBURN Telephone 01236 616400 Fax. 01236 616420 ERECTION OF DWELLING (OU 1:2500 OS Licence LA 04091L * OBJECTOR -2-

No improvements are proposed to the access sight lines and as such extra usage would create a roads danger. The Transportation Manager has recommended that planning permission be refused.

Although the application site is now in separate ownership from Auchengeich House it has the clear appearance of being part of the garden area of this important local building. As such the proposed dwelling will adversely affect the setting of the front of Auchengeich House.

The proposed plot is backland development as it has no road frontage. In this respect it will introduce an unattractive haphazard form of development and is contrary to policies presuming against backland development in the adopted and emerging local plans.

Due to the dated nature of the adopted local plan (1983) the greenbelt zoning in the emerging local plan is a material planning consideration. The proposed dwelling is not required for agriculture, forestry etc. and as such is contrary to the terms of this greenbelt zoning.

It is considered that the proposed dwelling is unacceptable for the reasons covered above and it is recommended that planning permission be refused.

RECOMMENDATION: Refuse for the following reasons:-

1. In the interest of road safety in that the proposed dwelling would lead to extra use of a sub standard junction with severely limited visibility onto a de-restricted section of Auchengeich Road.

2. In the interest of amenity in that the proposed dwelling would adversely affect the frontage setting of the locally important Auchengeich House.

3. In the interest of amenity in that the proposed dwelling would be backland development being unrelated to any local road and as such would create a haphazard form of development; in this respect the proposal is contrary to Policy PH3 (Small Scale Residential Developments) in the Strathkelvin Southern Area Local Plan 1983 and Policy HG4 (Assessing Applications for Residential Development) of the Northern Corridor Finalised Draft Local Plan 2000.

4. In the interest of the semi-rural setting and the proper planning of the area in that the proposal would constitute inappropriate new residential development in the greenbelt as identified in the Northern Corridor Finalised Draft Local Plan 2000, and as such would be contrary to the terms of the emerging local plan.

5. 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 similar applications.

List/ 83 -3-

List of Background Papers:

Application form and plans S trathkelvin Southern Area Local Plan 1983 Northern Corridor Finalised Draft Local Plan 2000 Consultation Letters from The Coal Authority and West of Scotland Water Letters of representation from Mr. F.G. Campbell, Auchengeich House, 1 Auchengeich Road, Chryston, G69 OJN; Mr. N.G. Campbell, Auchengeich House, 2 Auchengeich Road, Chryston G69 OJN; Aggregate Industries UK Ltd., c/o Mr. A.W. Bremner, Estates Manager, Kemnay Quarry, Aquithie Road, Kemnay, Aberdeenshire AB54 9PD.

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

Joan/Comaps2000/Martin.D/N/O110043 8/OUT/29my200 1

84 APPLICATION NO: N/01/00438/OUT

1. SITE AND PROPOSAL

1.1 The application is in outline for the erection of a dwelling to the south of Auchengeich House, Moodiesbum. The site appears as part of a front garden for Auchengeich House although it is now in separate ownership from the house.

1.2 In July 1996 an outline planning application (N/96/0167/PL) was refused for the erection of two dwellings on the application site due to the sub standard nature of the junction onto Auchengeich Road.

1.3 The site is unaffected by specific proposals (Policy E.PR06) in the Strathkelvin Southern Area Local Plan 1983. In the Northern Corridor Finalised Draft Local Plan 2000 the site is within the greenbelt (Policies ENV.2-8).

2. CONSULTATIONS AND REPRESENTATIONS

2.1 Consultation responses are as follows:-

The Coal Authority: No adverse comments; West of Scotland Water: Apparatus details supplied.

2.2 The Transportation Manager has objected to the application on the grounds that visibility at the junction of the private access road and Auchengeich Road is severely restricted (2m x 20m approximately) by boundary walls in both directions. Auchengeich Road is de-restricted at this point.

2.3 Letters of objection have been received from two adjacent residents and from the Estates Manager of the adjacent Cement Works. Points of objection are as follows:-

- The junction with Auchengeich Road is sub standard with severely restricted visibility. There has been a previous refusal of planning permission for residential development due to the nature of the junction; - Further use of the private access road serving Auchengeich House and the Cement Works would create a roads danger; - The proposed dwelling would compromise the frontage setting of the locally important Auchengeich House; - There would be an adverse affect on the security and residential amenity of existing residents on the private access road; - The proposed driveway may only be one metre from Auchengeich House. This would be dangerous to the occupants of Auchengeich House and may adversely affect the structural integrity of the building; - A grant of planning permission would set a precedent which would encourage further applications for dwellings in the Auchengeich House front garden area; - There would be an adverse affect on the woodland and associated wildlife on the banks of the Bothlin Bum. There may be a requirement to take down mature trees to install the proposed driveway; - There would be an adverse affect on the integrity of an existing private sewer which runs through the application site; - There is no right of access to the proposed dwelling; - Neighbour notification has not been carried out and the ownership certificate is wrong.

Observations/ 85 -2-

3. OBSERVATIONS AND CONCLUSION

3.1 The key points of consideration are road safety, the affect on the setting of Auchengeich House, backland development, the semi-rural setting of the area and the greenbelt zoning of the site in the emerging local plan.

Road Safety: The Transportation Manager recommends that planning permission be refused on road safety grounds. Sight lines on the junction between the private access road and the de-restricted Auchengeich Road are severely restricted by boundary walls in both directions. It is not in the applicant’s power to improve the sight lines;

Affect on the Setting of Auchengeich House: Auchengeich House dates from 1853 and was built for the local mill owner. It pre-dates the colliery which was located on the site now occupied by the adjacent cement works. The proposed dwelling is located on what has historically been part of the large front garden of Auchengeich House. Although the application site is now in separate ownership from Auchengeich House it still has the appearance of a front garden area. The proposal to build on this open area will have a significant adverse affect on the frontage setting of Auchengeich House;

Backland Development: The proposed dwelling accords with the normal definition of backland development in that it has no road frontage and will introduce an unattractive haphazard form of development to the area. This will be to the detriment of the proposed dwelling and the general area. Policies in the adopted local plan (PH3) and the emerging local plan (HG4) presume against backland development;

Semi-Rural Setting/Greenbelt Zoning in Emerging Local Plan: The site is covered by greenbelt policies in the Northern Corridor Finalised Draft Local Plan 2000. This zoning reflects the semi-rural nature of the area with there being a mixture of industrial uses and open areas located between the built up area of Moodiesburn and farmland to the north. The proposed dwelling will have an adverse effect on the character of this semi-rural area by introducing further built development. Although the Northern Corridor Finalised Draft Local Plan 2000 is not yet adopted it is a material planning consideration particularly in view of the dated nature of the adopted local plan. The proposed dwelling is contrary to the terms of the emerging local plan greenbelt policy in that it is not required for agriculture, forestry etc;

Other Issues: With respect to points of objection not covered above I would comment as follows:-

Neighbour Notification would now appear to have been satisfactorily carried out. Land ownership claims, right of access claims and private sewer information have been forwarded to the applicant. These issues are not however considered to have any bearing in determining the application. Although the use of the private road by more than three dwellings contravenes the emerging local plan it is not considered that there is any related road safety problem. This differs from the proposed extra usage of the sub-standardjunction which does compromise road safety. It is considered that the proposed driveway is sufficient distance from Auchengeich House so as not to cause any localised problems. Potential alterations to existing security arrangements are not considered to be relevant to determining the application. A grant of planning permission may set aprecedent which would encourage further applications in the local area.

3.2 In conclusion it is considered that the proposed dwelling is unacceptable due to the severely restricted junction sight lines; the adverse effect on the frontage setting of Auhengeich House; its backland position; the adverse affect on the semi-rural area; and non compliance with the greenbelt zoning in the emerging local plan. It is therefore recommended that planning permission be refused. 86 Application No: N/O 1/00484/FUL

Date Registered: 1st May 200 1

APPLICANT: MR AND MRS LECKTE, ‘GLENBUR” BANTON, KILSYTH

Agent: Architectural Design Services, 3 Ritchie Place, Bo’ness

DEVELOPMENT: ERECTION OF DORMER EXTENSION

LOCATION: ‘Glenbum’, Banton, Kilsyth, Glasgow

Ward No: 66 Grid: 274930 - 68000 File Reference: KC Site History: Ref 69/583: Extension to House - Approved in September 1969

Development Plan: Adopted Kilsyth Local Plan 1991 : Greenbelt (GB 1-4,6)

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions:

REPRESENTATIONS:

Neighbours: None Newspaper Advert: Not Required

COMMENTS: This application is for the erection of dormer extension to the rear of ‘Glenbum’, Banton, Kilsyth.

The proposal is unacceptable in terms of its design and scale, and would result in the dormer being an overdominanat feature on the existing house. Furthermore, it would be damaging to local amenity. It is recommended that permission be refused for design and precedent reasons outlined in the accompanying background report.

RECOMMENDATION: Refuse for the following reasons:-

1. That the proposed dormer extension is an unattractive and overdominant feature on the house that would have a detrimental affect on the amenity of the surrounding area;

2, That the proposed dormer extension, if approved, may set a precedent that would make it difficult for the Planning Authority to refuse similar applications.

List of Background Papers:

Application form and plans Adopted Kilsyth Local Plan 1999 Letter to Architectural Design Services from NLC dated 14 May 200 I

Any person wishing to inspect these documents should contact Kirsten Cairns on 01236-616463

89 APPLICATION NO: N/O 1/00484/FUL

1. SITE AND PROPOSAL

1.1 This application is for the erection of a dormer extension to the rear of ‘Glenbum’, Banton, Kilsyth. The house is situated on High Banton Road, with two properties located north, the property ‘Woodlinn’ is situated to the west of the application site across the road, and agricultural fields surround the property to the south and east.

1.2 The dormer is in connection with a loft conversion, which seeks to create two bedrooms, a study and a hallway, The proposed dormer is almost 10 metres in length and just over 2 metres in height. It is flat roofed and has 3 windows.

2. CONSULTATIONS AND OBJECTIONS

2.1 None

3. OBSERVATIONS AND CONCLUSION

3.1 Design Guidance on House Extensions contained within the Adopted Kilsyth Local Plan 1991 states that dormer window extensions should:

0 Preferably be located on the rear of the house; 0 Be as small as possible and should allow the roof rather than the dormer to be the main feature; 0 Have a pitched or mono pitched roof if appropriate; 0 Should not extend to roof ridge andor wall head; 0 Have external materials to match the roof.

3.2 The proposed dormer extension is located to the rear of the house and the materials proposed would match the existing roof. However, it is unacceptable in terms of its design and scale as it is flat roofed, extends to the ridge of the roof and is almost the full length of the roof on which it would be located. While the existing cottage has been the subject of extensions and alterations over the years, it is considered that the proposal would be an unattractive and overdominant feature on the house. Furthermore, it is considered that the proposal would be damaging to the amenity of the surrounding area.

3.3 It is the case that the siting of the dormer on the rear of the property would have less of an impact than if located on the front of the house. However, even though the house is situated in a rural area, the dormer would still be partly visible on the approach road to High Banton. Furthermore, to allow such an unattractive and overdominant dormer just because the house has a rural setting, and is not seen by many people, may set a precedent which would make it difficult for the Planning Authority to refuse similar applications.

3.4 Taking account of the above, it is recommended that planning permission be refused as the proposal is unacceptable as it is both unattractive and overdominant, being damaging to local amenity. Furthermore, it may set a precedent, which would make it difficult for the Planning Authority to refuse similar applications.

90 Application No. N/O 1/0052 1/FUL Date registered 9* May 200 1 APPLICANT PETER HAYWARD, 5 WELLESLEY DRIVE, BLACKWOOD CUMBERNUALD Agent Ian Keachie, 72 North Orchard Street, Motherwell ML1 3JL DEVELOPMENT ERECTION OF GARAGE LOCATION 5 WELLESLEY DRIVE, BLACKWOOD, CUMBEFWAULD

Ward No. 67 Grid Reference 272000674040

File Reference N/PL/JL/LG

Site History Erection of 164 Houses granted consent in January 1998.

Development Plan Residential on Cumbemauld Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement

COMMENTS The applicant seeks planning consent to construct a garage to the rear of his dwellinghouse, at the location, previously intimated by Barrat Homes in their initial approved planning consent for the area. The garage measures approximately 7m x 3m and will be 5 metres in height (at its highest point). One letter of objection has been received from a notified neighbour, details of the objection and my comments thereon may be found in the accompanying report. Notwithstanding the objections raised, I hereby recommend that planning consent be granted.

RECOMMENDATION

Approve Subject to the Following Conditions:-

91 '- !U'-

___-- '.._____

PrcducedDepartment by of Planning and Enviroomenl PLANNING APPLICATION NO: N/01/00521/FUL LANARKSHIRE swulhern o,vis,on ERECTION GARAGGE AT 303 BrandDn Streel OF MOTHERWELL 5 WELLESLEY DRIVE, BLACKWO UMBERNAULD MLI 1RS RePlOdUwd from the Oldnanw SuNeq mapping With LOCATION OF OBJECTOR92 A me psrmlrrlonof he Conwollerofher ~apstys Telephone 01696 302100 Fax 01698 302101 * 1"250 Stat80mry otficr, @Crovm copyright UnwlhodreC reproduction Infringer Cl- sopynght OS hence LA 09MlL md may led to pms~suIIoner WII pwingl 1. That the development hereby permitted shall be started within five years of the date of this permission

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

2. That the facing materials to be used for the external walls of the garage shall match in colour and texture those of the existing adjacent dwellinghouse.

Reason: To ensure that the materials match the existing dwellinghouse.

List of Background Papers

Application form and Plans dated 09/05/0 1 Approved Cumbernauld Local Plan Two letters dated 11/05/01 and 18/05/01 from Alistair Watt & Michelle Bryson, 3 Wellesley Drive, Blackwood, Cumbernauld

Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Jim Lennon.

93 APPLICATION NUMBER N/O1/00521/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The applicant seeks planning consent for the erection of a sing,,: garage to the rear of his property at 5 Wellesley Drive, Blackwood, Cumbernauld. The garage measures some 3m x 7m and has a pitched roof which is 5 metres in height, at its highest point, due to the fact that there is a difference in ground levels between the front and back of the garage.

1.2 The garage is to be built in the developer’s indicative position per the approved plans for the original development.

2. REPRESENTATIONS AND OBSERVATIONS

2.1 One letter of objection was received from a notified neighbour. A summary of the objection and my comments thereon are as follows:- 0 The garage will be situated approximately 8 metres away from the back of their house and the living room is to the back looking straight onto it. 0 It is a fact that the garage, when built, will effectively reduce the distance between the back of the objector’s house and the nearest gable from 13 metres to 8 metres. The existing rear garden boundary, however, is already 8 metres away from the back of the objector’s house. In addition, the gable of the neighbouring house is behind the proposed garage and considerably higher than it. Therefore, although the development will alter the objector’s outlook, I do not consider that this in itself provides adequate grounds for refusal; it has also to borne in mind that this was the location originally identified for a garage to serve this plot. 0 The garage will be 5 metres in height which is unacceptably high in comparison to other garages and will be intrusive and a dominant feature. 0 The garage will be 5 metres in height at its highest point (apex). The apex will be situated in the middle of the gable as viewed from the objector’s house. Due to the slope of the garden, the garage is approximately 1 metre higher than it would be if built on level ground. This will not affect the amount of daylight or sunlight in the objector’s garden or house as the property already backs onto the gable of the neighbouring dwelling. In these circumstances I do not consider that this provides suitable or adequate grounds for refusal.

3. CONCLUSION

3.1 In conclusion, the proposed garage will be built on a site which will result in the gable of the garage being 8 metres away from the objectors house. The existing rear garden boundary however is currently in the same location. The garage will not significantly or materially affect the level of sunlight or daylight which the objector’s house currently experiences. Therefore, whilst the proposed garage will have an effect on the view from the objector’s property I do not consider that this provides a basis on which to refuse planning permission.

3.2 The objector has tried alternatives to the present location, but was unsuccessful in identifying a suitable location due to access difficulties and manoeuvrability problems. The current application site is acceptable in these terms, therefore, I hereby recommend that planning consent be granted.

94 Application No: NI0 1/00532/FUL

Date registered: 9 May 2001

APPLICANT: JOSEPH McCARROLL, 24 CAWDER ROAD, CARRICKSTONE, CUMBERNAULD G68 OBF

Agent:

DEVELOPMENT: ERECTION OF CONSERVATORY, CONVERSION AND EXTENSION OF EXISTING GARAGE TO FORM LIVING ACCOMMODATION

LOCATION: 24 CAWDER ROAD, CARRICKSTONE, CUMBERNAULD

Ward No:: 57 Grid: 275046 - 676017 File Reference: JL Site History: No site history

Development Plan: Residential on Cumbernauld Local Plan

Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: Conditions: No Reply:

REPRESENTATIONS:

Neighbours: One letter of objection Newspaper: Advertisement: Not Required

COMMENTS: The applicant seeks planning consent for the erection of a conservatory and the conversion and extension of the existing garage to form living accommodation at 24 Cawder Road, Carrickstone, Cumbernauld. The conservatory is basically to be used as a link between the existing dwellinghouse and the converted garage which will be used by the applicant’s elderly mother as her living accommodation. The applicant has submitted a letter indicating that he would be in agreement to the Council imposing conditions on the consent which forbids the converted garage being used as a separate dwelling in the future and sold separately from the existing house. One letter of objection was received from a notified neighbour, details of the objection and my comments thereon may be found in the accompanying report. Notwithstanding the objection raised, I hereby recommend that planning consent be granted.

95 PLANNING APPLICATION NO: N/01/00532/FUL N_ORTH---_ - Prcduced by Depsrtmsnlof Planning md Envlronmnl ERECTION OF CONSERVATORY AND GARAGE, EXTENSION AND LANARKSHIRE

303Southern Brmdon Dinrron Slreel GARAGE CONVERSION OF EXISTING GARAGE TO FORM LIVING -__. COUNCIL MLlMOTHERWELL 1RS ACCOMMODATION AND FORMAT1 Reprodud from the adnanse Survey mapping vilh 24 CAWDER ROAD, he permission of the Conkoiler of her Maieolyr Telephone 0,698302100 Fax 01698 302101 ’ Stet mery MOca 0 Crwm copyright LOCATION OF OBJECTOR Unaulhonsd repmducUOn mfringer Crow? sopynghl os Llcencc L4 09M1L * and may lee$ la pmrssullon 01 avil pawdings RECOMMENDATION: Grant, subject to the following conditions:-

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

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining dwellinghouse.

Reason: To ensure that the materials match existing dwellinghouse.

3. 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 hereby permitted, other than that expressly authorised by this permission.

Reason: To enable the Planning Authority to retain effective control, in order to limit future development at the site.

4. That notwithstanding the generalities of condition no. 3 above, no door openings shall be formed into the "converted garage", hatched blue on the approved plans, without the prior written consent of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control, in order to limit future tenure at the site.

List of Background Papers

Application form and plans dated 9/5/01 Approved Cumbernauld Local Plan Letter of objection dated 21/5/01 from J M Barclay, 22 Cawder Road, Carrickstone, Cumbernauld G68 OBF

Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Mr Lemon.

Joan/Comaps20OOJim.L/O100532Fi4jn200 1 97 APPLICATION NUMBER: N/01/00532/FUL

1. SITE AND PROPOSAL

1.1 This applicant seeks planning consent for the erection of a conservatory plus the conversion and the extension of the existing garage to form living accommodation at 24 Cawder Road Carrickstone Cumbernauld.

1.2 The dwellinghouse is situated within a fairly recent residential development site, is a bungalow and is bounded by dwellings on all sides.

1.3 The applicant’s reason for such radical alterations is to enable them to have 24 hour supervision over their mother, whilst retaining their family home for their own immediate family.

1.4 The applicants have stated in a letter to my Department that the alteration / extensions are to accommodate their family and will always remain part of the main dwelling.

2. OBJECTIONS AND OBSERVATIONS

2.1 One letter of objection was received from the adjoining house owner. Their objection relates primarily to the garage being extended, adjacent to their property. In particular, the fact that the roof pitch on the existing garage will be extended back approximately 2.5 metres in order to accommodate the rear extension. They have pointed out that this means their hall window and back door will receive considerably less light. An alternative, partially flat roofed scheme for the garage has been submitted by the objector, which they feel would be a suitable compromise. The applicant, however, is unwilling to construct a flat roofed extension for practical reasons, particularly concerning future maintenance.

2.2 There is no doubt that the garage extension will reduce an element of light from entering the adjacent objector’s dwellinghouse. My Department has visited the site and assessed the perceived problem of reduced light at the objector’s property and considered this against the applicant’s proposals. From this I consider that the scheme cannot be suitably altered to remove the pitched roof. The affected window, while it allows light into the stair well is not serving a living room. In addition, the extended roof will not cut across the full width of the affected window. In these circumstances it is my view that the reduction in light itself is not sufficient enough grounds for refusal in this instance.

2.3 With regard to the other elements of the applicant’s proposal i.e. conversion of double garage to form living accommodation and the erection of a link conservatory from the dwellinghouse to the converted garage. I can confirm that all the proposals are necessary to accommodate the applicant’s mother, who it is intended to house in the converted and extended garage. The conservatory is the link to the converted garage and this is the only access to the new living accommodation. No other opening is to be formed into the converted garage.

3. CONCLUSION

3.1 Although this is a fairly radical change to the bungalow and double garage, I am of the view that, given the nature of the proposal and the fact that there will be no door openings formed into the converted garage, that planning consent can be granted. This is subject to conditions being imposed limiting the future use of the new living accommodation, to that incidental to the enjoyment of the existing bungalow and that it will not be separated from the main dwelling at any time in the future. I hereby recommend that planning consent be granted.

98 Application No. C/99/00096WNV Date registered 27 January 1999 APPLICANT TARMAC NORTHERN LIMITED, TECHNICAL SERVICES DEPARTMENT, PO BOX 8723, BELLSHILL, ML4 3WF

Agent Farningham McCreadie Partnership, 516 School Brae, Peebles, EH45 8AT DEVELOPMENT DETERMINATION OF CONDITIONS UNDER THE INITIAL REVIEW IN ACCORDANCE WITH SCHEDULE 9 OF SECTION 74 OF THE TOWN AND COUNTRY PLANNTNG (SCOTLAND) ACT 1997 FOR THE WIN"G AND WORKTNG OF WHINSTONE LOCATION CAIRNEYHILL QUARRY, FORREST ROAD, CALDERCRUIX, AIRDFUE

Ward No. 44 Grid Reference 285045 666345

File Reference

Site History There has been several previous applications for the site as follows:-

1. Permission granted 6/9/48 for working of whinstone, App No. 35871551203 2. Permission granted 21/1/60 for extension to quarry, App No. P/M/58/1181. 3. Permission granted 2/6/65 for continuation of extraction of whinstone, App No. P/M/65/65//294. 4. Permission granted 918.167 for working of minerals and installation of storage hoppers, App No. P/M/67/498. 5. Permission granted 29/3/76 for extension to quarry, App No. MK/75/23. Not implemented and lapsed 3 1/2/86. 6. Permission granted 5/7/77 for the erection of two workshops, App No. P77068. 7. Permission refused 18/12/87, App No. M87324, extraction of whinstone for area previously subject of App No. MK/75/23, refused due to lack of information and applicant unwilling to enter into a Section 50 Agreement. 8. Permission granted 26/2/99, App No. P88007, for permission to extract whinstone for 15 years for extension to area covered by W75123 and M87324. 9. Permission granted 11/12/90, App No. P90553, for the erection of a temporary office and formation of a car park. _^_.. Development Plan GB2 - Restrict Development In Countryside Around Towns LI13 - Landscape Improvements (Medium Quality Landscape)

Contrary to Development Plan N/A

CONSULTATIONS

Objection No Objection Transco, Health & Safety Executive, West Of Scotland Water, SEPA Conditions Scottish Power No Reply Scottish Natural Heritage

REPRESENTATIONS Neighbours None

Newspaper Advertisement None

99 R9900096 - Produced by Depanment of Planning and Environment PLANNING APPLICATION NO. C/99/00096/ENV Central Division DETERMINATION OF CONDITIONS UNDER THE INITIAL REVIEW Municipal Buildings Kildonan Street ~NACCORDANCEWITH SCHEDULE 9 OF SECTION 74 COATBRIDGE OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ML5 3LN ACT 1997 FOR THE WINNING AND WOR OF WHINSTONE AT CAiRNEYHiLL QUARRY, FORREST &$hALDERCRUIX. AlRDRlE A Telephone01236812222 iax.01236431068 I \f\f 1:20000 This copy has Oeen produced speciflcally for Planning and Building Control purposes only. OS Licence LA 09041L COMMENTS This application is for the determination of new conditions for Cairneyhill Quarry under the requirements of Section 74 of the Town and Country Planning (Scotland) Act 1997. The quarry has been used for the extraction of whinstone since the 19th Century, the most recent consent for the extraction of minerals was granted in 1988. The conditions proposed by the applicants have been subject to significant discussions and have now been agreed with them. Full details are contained on the attached report. It is recommended that approval be subject to these modified conditions listed below.

RECOMMENDATION

Grant, subject to the following conditions.

1. That the development shall be carried out in accordance with the Statement of Intent, Section 4.0 of the document prepared by the Famingham McCreadie Partnership dated January 1999, plans and supplementary information submitted with this schedule, hereby stamped as approved, unless otherwise agreed in writing by the Planning Authority.

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

2. That for the avoidance of doubt, the conditions attached to the determination hereby given shall supersede the conditions of the previous permissions ref PM651294. PM671498, MW75123 and P88007.

Reason : In order to define the terms of this schedule of conditions.

3. That throughout the duration of the extraction and restoration of the site a copy of the conditions hereby determined shall be made available on site to any interested parties.

Reason : To permit reasonable access to this information.

4. That the extraction of minerals at the site shall cease on 31 December 2031. 2. ~ Reason : In order to define the life of the operations.

5. That should it become necessary or expedient to amend or abandon the terms of this determination the operator shall immediately submit an amended planning application and shall adhere to th~s determination until such a time as the amended application has been approved.

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

6. That the quarry shall be restored in a progressive manner based on the details contained in the document prepared by Famingham McCreadie dated January 1999 and the plans hereby approved and prior to the commencement of each new phase full restoration plans, details and a method statement in relation to the previous phase shall be submitted to and be approved in Writing by the Planning Authority.

Reason : These details have not been submitted and to ensure the satisfactory restoration of the site.

101 R9900096 7. That within 12 months of the date of this approval a timetable for the implementation of the works approved under the terms of condition (6)above shall be submitted to and be approved in writing by the Planning Authority.

Reason : These details have not been submitted.

8. That the restoration of the quarry shall be implemented in accordance with the timetable approved under the terms of condition (7) above and be completed by 31"December 2031 unless otherwise approved in writing by the Planning Authority.

Reason : To ensure the restoration of the site within a satisfactory timescale.

9. That all storage of rock, processed materials and spoil shall be located within the quarry void and within 6 months of this approval details including plans showing the position of storage areas and the height of spoil and soil storage heaps shall be submitted to and approved in writing by the Planning Authority.

Reason: These details have not been submitted.

10. That within 6 months of the cessation of quarrying activities all buildings, plant, machinery and areas of hardstanding including the internal access roads shall be removed to the satisfaction of the Planning Authority.

Reason : To accord with the terms of the previous consents.

1 1. That the operator shall notify the Planning Authority in writing of the date of completion of the excavation and the date of the completion restoration at the site within one week of each taking place.

Reason : In order that the Planning Authority can retain effective control.

12. That 12 months prior to the cessation of the extraction of minerals at the site a detailed scheme for the aftercare of the site for a period of five years from the completion of the restoration works shall be submitted to and approved by the Planning Authority, and this schedule shall include a breakdown of the works to be undertaken and the timescales- associated with these works. Reason : To accord with the previous consent and to ensure the satisfactory aftercare of the site.

13. That the aftercare scheme approved under the terms of condition (12) above shall be implemented in accordance with the approved timescales.

Reason : To ensure that a satisfactory aftercare scheme is implemented.

14. That the site will be operated in such a manner as to minimise the transmission of airborne particulate arising from site operations and to prevent dust fiom migrating off-site. In this regard, insofar as is reasonably practical, the operator will ensure that the best practice methodologies set out in PAN 50 are adopted.

Reason : In the interests of the amenity of the area and of adjacent residents.

102 R9900096 15. That insofar as is reasonably practical, the operator will ensure that the best practice methodologies in terms of noise set out in PAN 50 are adopted. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times, and shall be fitted with, and use, effective silencers.

Reason : In the interests of the amenity of the area and of adjacent residents.

16. That with the exception of cases of emergency, such as misfire or failure of the blast process all blasting operations shall be limited to the following times and no blasting shall be undertaken at weekends or on local public holidays: Monday - Friday - 1O:OO to 17:OOhrs Details of any blasting outwith these times shall be submitted within 2 working days to the Planning Authority.

Reason : In the interests of the amenity of adjacent residents.

17. That no blasting operation shall take place which will result in ground vibration with a resultant peak particle velocity greater that lOmm per second measured at the nearest occupied dwelling to such operations, and 95% of all blasts shall be no greater that 6mm per second.

Reason : In the interests of the amenity of adjacent residents and to protect local wildlife.

18. That the best practical means shall be employed to minimise air over pressure resulting fiom blasting operations. In any event, a figure of 125 dB linear should be regarded as the maximum level of air over pressure.

Reason : In the interests of the amenity of adjacent residents and to protect local wildlife.

19. The operator shall notify the occupiers of Forrest Farm in advance of any blast, the notification shall indicate the intended blasting time, details of the method of notification shall be submitted to and approved in writing by the Planning Authority within 6 weeks of the date of this approval.

Reason : In the interests of the amenity and safety of those residents.

- -- 20. All blasts shall be monitored and records, including details of weather conditions, shall be maintained so that the measurements of peak particle velocity and air overpressure as restricted in conditions (17) & (1 8) above can be identified and these records shall be made available for inspection by any interested party during office hours at the quarry and vibrograph analysis charts shall be submitted to the Planning Authority on request.

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

21. That all vehicles used for the haulage of materials shall on leaving the site pass through a wheel cleaning facility which meets the satisfaction of the Planning Authority.

Reason : To prevent mud or debris being carried onto the public road to the detriment of road safety.

22 That provision shall be made within the curtilage of the site for adequate parking and turning facilities for all vehicles associated with the development to ensure that all vehicles entering or leaving the site can do so in forward gear.

Reason : In the interests of road safety 103 R9900096 23. That throughout the period of working, restoration and aftercare, the applicant shall protect and maintain or divert any ditch, stream, watercourse or culvert passing through the site so as not to impair the quality or flow nor render less effective drainage onto and from adjoining land.

Reason : In the interests of water management and to ensure adequate precautions are taken to prevent pollution of natural watercourses.

24. That the works for the restoration and reinstatement of the site to which this approval relates shall be undertaken in strict accordance with the method statement and plans approved under the terms of condition (6) above and approved indicative restoration plan which form part of the original permission and shall include:

a) the replacement of any soil and soil forming materials in the correct order with due regard to the grading of the surface and provision of natural drainage; b) grading the boundaries of the site so that surface levels of the restored site satisfactorily merge with levels of the surrounding land; c) leaving the whole site clean and tidy.

Reason : To secure satisfactorily reinstatement of the site.

25. That, no extraction shall be carried out until any available topsoil is fully stripped and also that the topsoil shall be stripped to the full available depth from all areas within each phase, except for the areas of any topsoil dumps; that work routines for stripping operations shall be designed to minimise vehicle traffic on unstripped land, and at all times the mechanical handling and compaction of the topsoil shall be minimised and also that no vehicle, other than those involved in stripping operations shall be permitted on the unstripped land; that following topsoil stripping operations, all subsoil shall be stripped as a separate operation from all areas of land where topsoil was stripped, except for the areas of any subsoil tips; that the stripping of the soils shall only be carried out when the soils are dry; that prior to the commencement of works involving handling of soil, the applicants shall give at least two workmg days notice to the local Planning Authority, who shall reserve the right to request suspension of operation during adverse conditions or impose such conditions as they see fit for the safekeeping of the subsoil and topsoil. _._ Reason : To ensure the satisfactory reinstatement of the site.

26. That any bind-free soil forming material found during the course of the proposed operations shall be recovered where practical and stored for use in the final restoration of the land and that this material shall be used to replace shortages of subsoil and topsoil.

Reason : To ensure the satisfactory reinstatement of the site.

27. That no soils shall be removed from the site.

Reason : To ensure the satisfactory restoration of the site.

28. That prior to seeding or planting taking place codmation from a suitably qualified independent party shall be provided that the soil replacement has been undertaken satisfactorily and that the soils are in a suitable condition for the restoration proposed, to the satisfaction of the Planning Authority.

Reason : In the interests of sound soil management. 104 R9900096 29. That notwithstanding the requirements of condition (9) above, within twelve months of the approval of this Schedule of conditions, and on an annual basis thereafter, the applicant will submit a plan to a scale of not less than 1:2500 indicating the progress of quarrying operations. The plan will indicate the current position of the extraction areas, the size of the void, completed soil stripping and replacement works, the extent of spoil disposal and landscaping works that have been implemented.

Reason : To enable the effective monitoring of site progress.

30. That the operator shall ensure that the existing site perimeter fencing is maintained and be responsible for any repairs or replacement that may be required, until the site aftercare is complete, all to the satisfaction of the Planning Authority.

Reason : In the interests of public safety.

31. That throughout the operational lifespan of the quarry and, up to the completion of all aftercare works warning signs shall be erected and maintained by the operator next to all publicly accessible areas within or adjacent to the quarry, details of the locations of these signs shall be made known to the Planning Authority.

Reason : In the interests of public safety.

32. That no rubbish or other waste materials shall be burned on site at any time, and the operator shall be responsible for immediately extinguishing any sporadic burning which may occur.

Reason : In the interests of the amenity of the area and of adjacent residents.

33 * That within six months of the date of this determination the existing quarry access shall be reconstructed in accordance with drawing no. 40 1210 1.

Reason : To prevent access and egress to the south by heavy vehicles in the interests of road safety.

34. That noise levels fiom the site shall not exceed at any noise sensitive building 55dBA Leq (I hour) between the hours of 6.30am to 7:OOpm Mondays to Sundays inclusive.

Reason : To enable the Planning Authority to monitor the site and to safeguard the amenity of residents

ofthe surrounding area. A-

35. That noise levels kom the site as measured at any noise sensitive property, with the exception of Forrest Farm, shall not exceed 49dBa Leq (I hour) during the hours from 7:OOpm until 6.30am Mondays to Sundays inclusive.

Reason : To enable the Planning Authority to monitor the site and to safeguard the amenity of residents of the surrounding.

List of Background Papers

- Letters dated 1/4/99, 16/4/99,26/5/99, 9/6/99, 14/6/99, 9/8/99,30/8/99,27/10/99,2/11/99, 2911 1/99,10/2/00, 14/3/00, 2713/00,4/5/00, 11/5/00, 16/5/00, 12/6/00, 5/7/00, 28/7/00,25/8/00,21/9/00, 311 1/00, 1611 1/00 2311 1/00, 5/3/01, 5/4/01 and 16/5/01 from agents. - Letters dated 24/3/99, 15/7/99,27/2/01 and 3/5/01 fiom applicant. - Planning application form, plans and Schedule of Conditions dated January 1999. - Letter dated 5/2/99 from Scottish Power. - Letter dated 8/2/99 from Transco. - Letter dated 8/2/99 from Health and Safety Executive. 105 R9900096 - Letter dated 1012199 from West of Scotland Water. - Letter dated 15/2/99 fiom Scottish Office. - Letter dated 26/3/99 from SEPA. - Internal memo dated 1012199 and 2017199 from Head of Protective Services. - Internal memo dated 26/2/99 from Head of Parks and Catering. - Internal memo dated 22/3/00 from Transportation Manager. - Letters dated 24/3/99, 1/4/99, 15/4/99, 18/5/99,24/5/99,7/6/99, 17/6/99, 14/7/99, 23/8/99, 28/10/99,4/11/99,22/11/99, 9/12/99, 17/12/99,20/12/99, 8/2/00, 3 1/3/00, 12/4/00,28/4/00,9/5/00, 24/5/00,20/6/00, 11/8/00,23/8/00, 1/9/00,3 1/10/00,4/11/00,22/11/00 and 26/4/01 from Divisional Manager (Central) to agents. - Letter to Stevan Cowan, Applicant, dated 30/3/0 1

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for David Baxter.

i. , . <-

106 R9900096 APPLICATION NO. C/99/00096/ENV

REPORT

1. BACKGROUND

1.1 This application is for the determination of new conditions for Cairneyhill Quarry, Caldercruix. The application is required under the terms of Schedule 9 of Section 74 of the Town and Country Planning (Scotland) Act 1997. The purpose of the legislation is to make provision for the review of old mineral planning permissions to ensure that modem standards are met.

1.2 This application arises from an initial review of existing minerals consents that were given permission(s) before 1982. In this instance the greater part of the site was granted permission in 1965 (Ref PM651294) with subsequent extension to the area of extraction through planning consent P88007.

2. SITE AND PROPOSAL 2.1 The application site relates to the existing boundary of Cairneyhill Quarry. The quarry is located on Forrest Road, to the south of the A89 (Airdrie Road), approximately 4.8 miles from Caldercruix. The site is relatively remote with 1 farmhouse adjacent to the site boundary and less than 20 properties within lkm of the site.

2.2 The quany has been used for the extraction of whinstone and quartz dolerite since the 19th Century. The site history is detailed at the start of this report. The most recent consent relating to the extraction of minerals at the site was the renewal of permission for extraction of whinstone for a firher 15 years granted in February 1988 (Ref P88007). The remaining consent reserves are about 2.2 million tonnes which are to be extracted over approximately the next four years.

2.3 The current application is for the review of the planning conditions for the existing site. It should be noted, however, that an application is also under consideration for the deepening of the existing quarry and for an extension to the site (Application No. 98/01726/MIN). With respect to this proposal it is anticipated that following further consultation a recommendation will be placed before the Committee in August.

2.4 The process relating to this application involved the submission of a Schedule of Conditions by the applicant. These were considered by this Department in consultation with others. Revised and additional conditions were then put to the ap9licants for their consideration. The conditions have been the subject of ongoing correspondence and &cussions between two parties.

2.5 Arguably the most contentious element of the review has relates to noise levels and the hours of operation. The applicants have indicated that they would prefer to operate plant and machinery without limit of hours on a 7day basis. Guidance supplied in PAN50 AMex A - The Control of Noise at Surface Mineral Workings indicates in paragraph 33 a daytime nominal limit of 55dBA Leq (I hour) from 7.00am till 7.00pm and night-time limit of 42dBA Leq (1Hour) between 7.00pm and 7.00am. The normal operations within the site are likely to produce noise levels above these guidance limits during night-time hours. For example at Nether Bracco Farm, 350m from site, the readings indicated that when all the machinery is operational a noise reading of 49dBa that is 7dba above the guidance levels. As a general rule lOdba above background levels can be regarded as a potential nuisance. From the data supplied this area is particularly quiet at night and background levels fall to around 28 dBa. Normally it would be expected that the site would generate complaints following night-time worlung. The site has however operated without complaint from local residents over many years. In addition following the normal neighbour notification and advertisement in the local press related to this application no comments were received. The adjacent farmer subsequently indicated by letter that the quarry operations do not disturb him or his family. It is therefore considered that because of the sites remote location and the past history of operations without complaint that the current quarry operations should be able to proceed in line with recorded noises levels without adversely impacting on residential properties within the vicinity of the site. 107 R9900096 2.6 The proposal to continue with unrestricted hours of operation also has a potential impact on traffic movements following the submission of some survey information it has been concluded that the overall level of traffic movements is insufficient to raise a significant disturbance to local residents. It should also be noted that again there has been no specific complaints received relating to traffic movements associated with this site.

2.7 The applicant has agreed to an alteration to the site entrance to restrict traffic movements south along Forrest Road from the quarry thereby reducing the impact on traffic safety along this narrow rural road.

3. RECOMMENDATON

3.1 The applicant has agreed an extension to the time permitted to deal with hsapplication by 30 June 2001. Then the conditions proposed by the applicants will be given deemed approval. I therefore recommend that the application be given approval subject to the modified conditions that are designed to reduce the impact of the development on the surrounding environment in line with current planning guidance.

NOTE TO COMMITTEE

Under the terms of Schedule 9 of Section 74 of the Town and Country Planning (Scotland) Act 1997 it should be noted that if the Committee is minded to add further conditions to those proposed the applicant has the right to appeal. The. applicant may also be entitled to compensation should it be proven that the new conditions affect either the economic viability or the asset value of the site

108 R9900096 Application No. C/00/00653iFUL Date registered 22nd January 200 1 APPLICANT T B WILSON, BISHOPBRY FARM, BATHGATE

Agent S Bennie, 6 Ballencrieff Toll, Bathgate, EH48 4LB DEVELOPMENT CONVERSION OF FARM STEADMG TO FORM ONE ADDITIONAL DWELLINGHOUSE LOCATION GARNQUEEN FARM MAIN STREET GLENBOIG COATBRIDGE LANARKSHIRE ML5 2RD

Ward No. 33 Grid Reference 27 1697 668340

File Reference C/'PL/GBM030/DB/KH

Site History Planning Consent 99/0 1326iFUL for Re-Roofing And External Alterations To Dormers granted on 17 November 1999

Development Plan The application site zoned GB1 Restrict development in Green Belt, LI1/2 Landscape improvements, and CU1/3 Gas Pipeline Safety Zone as defined in the Monklands District Local Plan 1991.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection The Coal Authority, West of Scotland Water, Transco Conditions No Reply BT, Scottish Power

REPRESENTATIONS Neighbours 1 letter of objection

Newspaper No Response Advertisement

COMMENTS This application initially was submitted for the conversion of the exsiting farm buildings to form 2 dwellinghouses at Garnqueen farm, Glenboig. At present the site has one substantial barn to the east of the existing farmhouse and the remains of what formed the west wing of the farm steading. The application site is within the Greenbelt as defined in the Monklands District Local Plan 1991. Such conversion applications are assessed in conjunction with the terms of Policy HG5 Promotion of Rural Housing Opportunities. One letter of objection was received from the tenant farmer details of which are included in the attached report. The applicant was approached regarding amending the proposal to form only one additional dwellinghouse as this was considered acceptable in terns of the policy on conversion and would not require road improvements in line with current Road Guidelines. The proposal now conform to relevant local plan policy and I consider the amended proposal will make use of a currently vacant building without adverse impact on the existing house or surrounding area. I recommend, therefore that planning permission is granted subject to the attached conditions.

109 R0000653 Glenboig ,i

i !

I I I I I 1,

~ '\ ', ', ! ,j

reduce by Central3 Division CONVERSION OF FARM STEADING TO FORM Municipal Buildings LANARKSHIRE Kildonan Street ONE ADDITIONAL DWELLINGHOUSE COATBRIDGE AT GARNQUEEN FARM, MAIN STREET, GLENBOIG ML5 3LN ~41~4m4fmm VI. oranme surve~mapping wih :2500A in. ~~lru~noiin~c~ntr~i~r~fh.r~aieri~i Telephone 01236 812222 Fax 01236431068 OBJECTOR AT SOUTH MEQROX LENBOIG , shil~nep~ e crown Cowqhi &- om This copy has been produced specifically for Planning and Building Control purposes only UnruthO,w4 IePlOdYilDn mfCh7glS ClOWn cOWnghl and may 1m.a to pro.c~uimor cw~ipro~e4tngi OS Licence LA 09041L - NO further copies may be made RECOMMENDATION

Grant, subject to the following conditions:-

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

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

2. That before the development hereby permitted is completed or occupied, 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 adequate parking facilities within the site.

3. That the vacant buildings outlined in GREEN on the approved plan shall not be used for Agricultural purposes without the consent of the Planning Authority.

Reason: To safeguard the residents of the existing and proposed dwellinghouse in terms of traffic and pedestrian safety and residential amenity.

List of Background Papers

Application forms, plans and supporting statement submitted on 2 June 2000,22 January 200 1, 15 May 2001 and 18 May 2001 Monklands District Local Plan 1991 Consultation Response from Transco dated 26 January 2001 and 6 February 2001 Consultation Response from the Coal Authority dated 30 January 200 1 Consultation Response from West of Scotland dated 1 February 2001 Consultation Response from Transportation Manager dated 6 February 2001 and 3 1 May 2001 Consultation Response from Protective Services Manager dated 6 February 200 1 Letter of Objection received from Mr Alexander Morgan C/o Howat Associates, 5 Kilmarnock Road, Mauchline, Ayrshire, KA5 5DB received on 3 July 2000 Letter to Agent dated 8 June 2000, 16 March 2001 and 18 April 2001 Letter from PPCA Ltd on behalf of Mr Wilson dated 27 April 200 1

Any person wishing to inspect the above background papers should telephone Coatbridge 812372 and ask for Mr. Baxter.

111 R0000653 APPLICATION NO. C/00/00653/FUL REPORT

1. SITE AND PROPOSAL

1.1 The application was submitted on 2 June 2000 and following additonal plans and information being supplied was registered on 22 January 200 1.

1.2 The application was initially submitted for the conversion of vacant steading buildings at Garnqueen Farm Glenboig to form 2 dwellinghouses.

1.3 Following discussion with the applicant the proposal was amended on 18 May 200 1 to form only one dwellinghouse to the east of the existing house.

1.4 The application site is accessed via a single track road from Main Street, Glenboig. The site consists of several vacant farm buildings including a dwellinghouse with a disused barn attached to.the east and the partial remains of an identical barn to the west. The existing barn is constructed of rubble walls and mineral felted roof.

1.5 The site is zoned GB 1 Restrict Development in Green Belt, LI112 Landscape Improvements, and CUlI3 Gas Pipeline Safety Zone as defined in the Monklands District Local Plan 199 1.

2. CONSULTATION RESPONSES

2.1 Following consultation through neighbour notification and advertisement in the local press one letter of objection was received from the then tenant farmer and this made reference to the following points:

a) The existing access to the farm is a narrow farm track with ash surface which serves to fields and is unsuitable for the vehicular and pedestrian access associated with dwellinghouses; b) The steading was last occupied two years ago; c) The steading lies adjacent to sheds used by the tenant farmer for handling cattle which may raise issues of smell; d) The adjacent land may be affected by mine workings.

2.2 The Coal Authority indicated that the site is within the likely zone of lnfluence from workings at 380 to 400 metres depth. Ground movements from the above should now have ceased.

2.3 Transco has indicated no objections to the proposal however the site is near to a high pressure main and appropriate measures should be taken in terms of health and safety.

2.4 West of Scotland Water and the Protective Services Manager have no objections to the proposal.

2.5 The Transportation Manager has indicated no objections subject to the condition that the redundant farm buildings are not brought back into use without appropriate road improvements.

3. ASSESSMENT

3.1 The application site is located within the Greenbelt and therefore any proposal for the conversion of redundant buildings to dwellinghouses should be assessed in terms of Policy HG5 Promotion of Rural Housing Opportunities as set out in the Monklands District Local Plan 1991 and other material considerations.

3.2 Policy HG5 indicates that the Council will encourage conversion and rehabilitation of existing cottages and redundant farm buildings in declining rural settlements. In this instance the farm is no longer being used for agriculture and therefore the reuse of the buildings would be considered acceptable in terms of Policy HG5.

3.3 Within the application site the existing barn to the east of the farmhouse is suitable for conversion. However the remains of the west wing are only suitable for forming an integral garage for the 112 R0000653 farmhouse or possibly a small extension to its accommodation. There is insufficient building remaining to justify the formation of an additional dwellinghouse within the greenbelt.

3.4 The Transportation Manager indicated that a road with footpaths and street lighting is required to serve as access for more than 2 dwellinghouses.

3.5 Based on the above points, the applicant agreed to amend the application to convert the east wing of the steading to form 1 additional dwellinghouse and remove the proposal to convert the remains of the west wing.

3.6 The applicant has also indicated that the farm is no longer used by the tenant farmer that objected to the original proposal. There is however the potential for the vacant farm buildings to be used in the future for agricultural purposes and I am concerned that should this occur there may be conflict in traffic movement with the residents and farm vehicles plus potential loss of residential amenity through malodorous activities. I therefore propose a restrictive condition relating to the reuse of these vacant buildings to protect the residents and enable such use to be appropriately assessed.

3.7 In terms of the points of objection I believe that:

a) as the existing access is suitable for the proposed development; b) the farm steading is no longer in agricultural use; c) the fact that the existing farmhouse was vacant is not a material consideration in this instance; and d) subject to confirmation the presence of mine workings should not adversely impact on the proposed development.

4. CONCLUSION

4.1 In conclusion I consider that the amended proposal is acceptable in terns of the development plan and matters relating to highway safety and residential amenity. I recommend that permission is granted subject to the attached conditions.

113 R0000653 .- - - ...... - . - .-...... ,, ,

Application No. CIO 1/00066/FUL Date registered 22" January 200 1 APPLICANT W.RUSSELL, 47 SOUTH BRTDGE STREET, AIRDRIE, ML6 6JQ

Agent J Kerr McDougal, Unit 27, Carfin Industrial Estate, Mothenvell, ML1 4UL

DEVELOPMENT ERECTION OF ROLLERSHUTTERS TO SHOPFRONT LOCATION 47 SOUTH BRIDGE STREET, AIRDRIE, ML6 654

Ward No. 43 Grid Reference 276090.665639

File Reference

Site History 941587 The erection of a rear extension and external repairs, granted in 1984 881459 The erection of a new shopfront was, granted 1988.

Development Plan The site is zoned COM 3 Maintain Retail Core Areas in the Monklands District Local Plan 1991. The site also falls within the Victoria and Town Centre Conservation Area.

Contrary to Not contrary to zoning Development Plan

CONSULTATIONS Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement No Response

COMMENTS This Application relates to the installation of externally mounted roller shutters to the existing shopfiont at 47 South Bridge Street, Airdrie. The shutter design includes an externally mounted box with lattice style shutters, all with a brown coated finish. The site is Zoned COM 3 Maintain Retail Core Areas in the Monklands District Local Plan 1991 and also falls within the Victoria and Town Centre Conservation Area. The application should therefore be assessed in terms of the relevant Design Guidance on Shopfront Design with particular regard given to design with the application site falling within the Conservation Area.

The general principle when altering shopfront security is to allow an appropriate means of security without compromising the appearance of the building. Design Guidance on shopfronts states that in no circumstances will externally mounted roller shutter housing boxes be permitted. This view is strengthened further with the application site falling within the Conservation Area. In this instance the applicant has not submitted amended plans outlining an alternative solution and on the basis of the details supplied the application does not comply with relevant Design Guidance. The unnecessary and sporadic installation of externally mounted roller shutters would be to the detriment of the shop, the streetscape and the wider Conservation Area, especially when Council is striving to achieve improvements to the quality of North Lanarkshire Town Centres.

RECOMMENDATION 114 RO 100066 ,. . I .. . .-. . . .. , __ ...... , . , ., ~.

, , I/ I - \" I $9 Market 'L I +- Buildings I I -., \/ , ,' Oa ---.____ L - i .$ \'I % $a\ CR _I- ::A 126 6m The ------.______I' I mging Post I ,o I (PH) > ------.----- .-____._.______...__ ._ I ANOERSON STREET %e TC& ...... (I)

E - Bank Police Station , A --c---c JA r- .------Y / I , /-s ?--- - 'l / / -9 Municipal / - -1 __ ---- /< _----- 3 d Builmngr ---- _c ------a Produced by Department of Planning and Environment Central Division Municipal Buildings PLANNING APPLICATION NO. C/01/00066/FUL Kildonan Street ERECTION OF ROLLERSHUTTERS TO SHOPFRONT COATBRIDGE 47 SOUTH 1 ML5 3LN AT BRIDGE STREET, RIMDIWI horn vu rnana- survey rnappinp wnn A ihasuilomy prmiyionomu of be0 cram comrnikr wpy"lh~ OI mr ~aiahs I Telephone 01236 812222 Fax 01236 431068 1 1'1 250 uwmomea reprn4m.m inlrinsei cmwn cawnsnl This copy has been produced specifically for Planning and Building Control purposes only an4 may lea4 to prn~ul~nor SWII prnnadina OS Licence LA 09041 L further copies may be made -- No i RECOMMENDATION

Refuse, for the following reason:

1. That the proposed externally,mounted roller shutter housing box will be to the detriment of the appearance of the shop and contrary to Design Guidance on Shopfiont Design, contained in the Monklands District Local Plan 199 1.

List of Background Papers

- Application form and accompanying plans received on 22" January 200 1. - Monklands District Local Plan 1991.

Any person wishing to inspect the above background papers should telephone Coatbridge 812374 and ask for Mr Gordon Liddell.

116 R0100066 APPLICATION NO. C/01/00066/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application relates to the installation of externally mounted roller shutters to the existing shopfront at 47 South Bridge Street, Airdrie. The shutter design includes an externally mounted housing box with lattice style shutters, with a brown-coated finish. The application site is located within the Victoria and Town Centre Conservation Area, situated on the right hand side when travelling north along South Bridge Street.

1.2 The site is Zoned COM 3 Maintain Retail Core Areas in the Monklands District Local Plan 1991 and also falls within the Victoria and Town Centre Conservation Area. In this area, changes of use of units to non-retail (outwith Class 1) is generally discouraged, however, there is no reference to shopfront design. The application should therefore be assessed in terms of the relevant Design Guidance contained in the development control advice section.

2. CONSULTATIONS

2.1 None

3. REPRESENTATIONS

3.1 No representations received

4. ASSESSMENTS

4.1 47 South Bridge Street is situated in the Airdrie Town Centre Conservation Area. The need to secure shop premises is noted, however any proposed means of security should also accord with Council design guidance, particularly for shops situated within Conservation Areas. As a general rule, externally mounted roller shutters on shopfronts will not be permitted under any circumstance. The housing of boxes should be fully recessed behind the fascia. If it can be proven that there is no access to the rear of the fascia, the box may be permitted internally immediately below the fascia, providing that the shopfront directly in fiont of the box can be finished in tinted, mirrored or opaque glass. Other forms of security such as armour plated or laminated glass, detachable grilles or internal shutters and associated boxes do not require planning permission.

4.2 There are some examples of externally mounted boxes on shopfronts in close proximity to the application site, however, these have been installed without the required planning permission. It is important that where shopfronts have been altered in the past in an unsympathetic manner that new shutters should not merely reflect existing examples, but should be looked at afresh in terms of current design standards. It may take time to improve a whole row of shops, but the overall effect will be considerable.

5. CONCLUSION

5.1 In the absence of an acceptable alternative means of security the application can only be determined in its current form. The proposed externally mounted roller shutter housing box will be to the detriment of the appearance of the shop, conflicting with the spirit and intentions of Conservation Area designation and general Town Centre Improvements. On the basis of the information submitted, the proposal is contrary to Design Guidance on Shopfront Design from the Monklands District Local Plan 1991 and is therefore recommended for refusal.

117 R0100066 Application No. C/O 1/00184/FUL Date registered 8 March 2001 APPLICANT MR & MRS J GREVILLE, 23 WOODHALL AVENUE, CALDERBANK

Agent DEVELOPMENT ERECTION OF FRONT PORCH AND CHANGE OF USE FROM PUBLIC GROUND TO PRIVATE GARDEN GROUND TO FACILITATE THE FORMATION OF ACCESS TO NEW GARAGE AND ERECTION OF FRONT PORCH LOCATION 23 WOODHALL AVENUE, CALDERBANK

Ward No. 50 Grid Reference 276893 662676

File Reference

Site History No Relevant Site History

Development Plan Under the terms of the Monklands District Local Plan 1991 the site is located within an area covered by policy HG9 Housing Policy for existing residential areas.

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours One letter of objection

Newspaper Advertisement Not required

COMMENTS The application relates for the erection of front porch and the change of use of public ground to pivate-garden ground to facilitate the formation of access to new garage. The site is a semi-detached dwellinghouse at the corner of Woodhall Avenue and Monkland View, Calderbank. The public ground is to the east of the house and the access to the garage will cut across this ground ending at the adjoining a cul-de-sac. The porch is to the fiont of the house and is acceptable as it is in accordance with the Design Guidance House Extensions. A proposed new garage and rear extension to the dwellinghouse are included in the plans, however these are permitted development. An objection has been received relating to the proposed rear extension, hence the need for this matter to be presented to Committee

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

118 R0100184 2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To ensure that the porch matches the external appearance of the existing building and thereby maintains the visual quality of the area.

c) J. That before the development hereby permitted is constructed the footway crossing to the existing driveway should be reinstated with a full upstand half-batter kerb and a 50mm X 200mm p.c. flat- topped heel kerb.

Reason: In the interests of traffic and pedestrian safety.

4. That before the garage is in use, a dropped kerb vehicular access shall be constructed in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: To ensure satisfactory vehicular access to the garage.

5. That before the garage is in use the dnveway shall be surfaced in an impervious material, to be approved by the planning authority.

Reason: To prevent loose material being carried onto the public footpath in the interests of traffic safety.

6. That before the garage is in use, a drainage facility should be provided at the start of the driveway.

Reason: To prevent surface water running onto the carriageway in the interests of traffic safety.

7. That any gates, if erected shall open inwards.

Reason: To prevent obstruction of the footpath in the interests of pedestrian and traffic safety.

-. List of Background Papers

- Application Form and Plans - Adopted Monklands District Local Plan 1991 - Letter of objection from Mr W Leggat, 21 Woodhall Avenue, Calderbank dated, 14 March 2001

Any person wishing to inspect the above background papers should telephone Coatbridge 812373 and ask for Marlaine Lavery

119 R0100184 - Produced by PLANNING APPLICATION NO. C/01/00184/FUL W&*I Department of Planning and Environment ,.vn,,,unmu Central Division ERECTION OF FRONT PORCH AND CHANGE OF USE N Municipal BuildinQS FROM PUBLIC GROUND TO PRIVATE GROUND @ LANARKSHIRE Kildonan Street TO FACILITATE THE FORMATION OF ACCESS TO NEW GARAGE COUNCIL COATBRIDGE A ML5 3LN AT 23 WOODHALL AVENUE, CADERBANK. /A

Telephone 01236 812222 Fax 01236 431068

OS Licence LA 09041L APPLICATION NO. C/01/00184/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application is for the change of use fiom public ground to private garden ground to facilitate the formation of access to new garage and the erection of a bont porch. The public ground is situated to the east of the semi-detached house alongside Monkland View.

1.2 The site is located within an area covered by policy HG9 housing policy for existing residential areas.

1.3 The applicant is also proposing to erect a new garage and a single storey rear extension, both of which are considered permitted development.

2. REPRESENTATIONS AND CONSULTATIONS 2.1 The Transporation Manager has no objections to the proposal subject to conditions relating to the formation of the access.

2.2 Following neighbour notification one letter of objection was received. The letter of objection was from Mr Leggat, fiom the neighbouring property at 21 Woodhall Avenue. The letter states that the proposed rear extension will reduce the sunlight into his garden.

3. OBSERVATIONS

3.1 The proposed porch and driveway are both considered acceptable and should not detract fiom highway safety or the appearance of the area.

3.2 The grounds of objection received from the neighbour relate solely to the erection of the rear extension. However, as the extension does not require planning consent this objection cannot be considered in assessing the proposal.

4. CONCLUSION

4.1 The proposed development is considered acceptable and the objection relates to part of the proposals which do not require planning permission. It is therefore recommended that this application is approved subject to the application of the appropriate conditions. e. >*

121 RO 100184 Application No. CIO 1100224/FUL Date registered 5&March 200 1 APPLICANT MS IRENE GREENE, 52A ALEXANDER STREET, AIRDRTE, ML6 OBA

Agent Ian Rankin Architect, 180 West Regent Street, Glasgow, G2 4RW DEVELOPMENT CHANGE OF USE OF DWELLINGHOUSE TO CHlLDRENS NURSERY, INCLUDING ALTERATIONS TO VEHICULAR ACCESS LOCATION THE LINDENS, WESTER MAVISBANK AVENUE, AIRDFUE

Ward No. 41 Grid Reference 275864.66598 1

File Reference CPLlAIW33 00990000/GLiKH

Site History 8 1/067 Erection of 8 Flats, refused 2 1 April 1984. 851049 Part change of use of dwellinghouse to hairdressing salon, refused 2 1 February 1985 but granted on appeal 30 May 1986. 861003 Conversion of former Coach House to dwellinghouse, granted 13 January 1986.

Development Plan The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991.

Contrary to Not contrary to zoning Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours None

Newspaper None Advertisement A-”

COMMENTS This application relates to the change of use of a large detached villa and converted outhouse to a children’s nursery at the Lindens, Wester Mavisbank Avenue, Airdrie. The proposal has received no objections, however having been advertised as a ’bad neighbour’ development the application is put before the Planning and Environment Committee for determination. The existing dwellinghouse and converted outhouse is situated in substantial garden ground, bounded by a 2.2m stone wall and various mature trees. The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991 and should be assessed in terms of the Design Guidance on Nurseries. Although this proposal involves the change of use of a dwellinghouse to a Nursery with no remaining residential use I consider that the proposed development in this instance is acceptable, as it is set within substantial self contained garden ground and will not be visually intrusive. The proposal also provides sufficient access and parkmg to meet current standards. On balance, the nursery will not significantly detract from the residential amenity of the area and is considered in keeping with the spirit and intentions of policy requiring primary residential use for new nurseries within existing residential areas. The application is therefore considered acceptable subject to appropriate conditions.

122 R0100224

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

2. That before the development hereby permitted is completed, 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 adequate parking facilities within the site.

3. That before the development hereby permitted is started, a revised parking layout should be submitted indicating the retention of the existing trees along the south and west boundaries of the site, to the satisfaction of the Planning Authority.

Reason: In the interest of the amenity of the area and in order to ensure the retention of the trees.

4. That before the development hereby permitted is completed, the access shall be delineated with kerbing and uniform in width to the satisfaction of the Planning Authority.

Reason: To distinguish the access fiom the parking area and to ensure the access is kept clear, in the interest of road safety.

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

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

6. The before the development hereby permittedstarts, elevational details of the proposed escape stair shall be-submitted and to, and approved in writing 57 the Planning Authority.

Reason: To allow the Planning Authority further consideration of this aspect of the development.

List of Background Papers

- Application forms and accompanying plans received 26' February 200 1. - Adopted Monklands District Local Plan 1991. - Internal consultation response fiom Transportation Manager dated 19 April 200 1. - Internal consultation response fiom Protective Services Area Manager dated 22 March 200 1. - Internal Consultation Response fiom Director of Education dated 9 April 200 1.

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

124 R0100224 APPLICATION NO. C/01/00224/FuL

REPORT

1. SITE AND PROPOSAL

1.1 This application relates to a change of use of a large 2-storey detached villa and converted outhouse (currently used as a residential unit) to a children’s nursery at the Lindens, Wester Mavisbank Avenue, Airdrie. The works are mainly internal with the exception of the formation of an escape stair to the rear of the property.

1.2 The Lindens is a substantial 2-storey Victorian villa occupying a 0.5 acre site within a predominately residential area on the north side of Wester Mavisbank Avenue. WallAvenue bounds the property on the west, there is an adjacent property to the north and to the east lie the back gardens of houses and shops fronting Commonside Street. The site also contains a former coach house previously converted to an additional ancillary residential unit. The property has substantial grounds and is hemmed in by a 2.2m high stone boundary wall and several mature trees.

1.3 The proposal involves various internal alterations to form nursery facilities in both the main dwellinghouse and the converted coach house. 27 off-street parking spaces are proposed and the main access is to be improved to meet current Roads Authority standards.

1.4 The site is zoned HG9 Housing Policy for Existing residential Areas in the Monklands District Local Plan 1991 and should be assessed in terms of the Design Guidance on Nurseries.

2. CONSULTATIONS

2.1 Following discussion with the applicant a revised layout for parking spaces and access improvements were made to the proposal. The Transportation Manager has no objection subject to appropriate conditions.

2.2 The Protective Services Divisional Manager has no objections to the development subject to the premises complying with the requirements of the Food Safety (General Food Hygiene) Regulations, 1995 and the Health and Safety Act 1974 and all other relevant regulations made there under. The applicant has been notified of these requirements.

2.3 The Director of Education has no objections but has provided various observations relating to potential numbers of staff and children. Guidance notes from the Early Years Service has been passed to the applicant. a.. 3. OBJECTIONS

3.1 No letters of objection have been received.

4. ASSESSMENT

4.1 This application should be assessed in terms of the Development Plan and other material considerations. Ln this instance the development is for a children’s nursery within an established residential area. The proposal is considered to be of a nature ancillary to the residential area therefore the principle of a nursery at this location is in line with Policy HG9 in the Monklands District Local Plan.

4.2 The Local Plan also offers Design Guidance on Nursery Development. New nurseries are generally accepted within residential areas where the principle use of the property remains as a residence. The intention of this guidance is to ensure that any developments do not detract from the residential nature of an area or have an adverse effect on the amenity of adjoining residents in terms of noise, disturbance and visual intrusion.

125 R0100224 4.3 In this instance the principle of a children’s nursery at this location is considered acceptable. There are no adjoining nurseries and due to the substantial self-contained garden ground, existing boundary wall and general location of the site there will be no significant adverse effects on the amenity of adjacent residents. The existing dwellinghouse and outhouse are sufficiently away eom the road to ensure that the use of the buildings as nurseries does not detract from the residential character of the &ea. Moreover, there is existing screening in the form of the boundary wall and mature trees. Further development such as the erection of signs would be the subject of separate planning controls ensuring that the residential character of the area will not be affected in the future. While no primary residential use is to be retained it is considered that the impact of the development on the surrounding residential area will be minimal and the proposal is therefore in keeping with the spirit and intentions of guidance which normally requires the retention of a residential use.

4.4 The TransportationManager has indicated that the proposed development will have sufficient off-street parking places and this in conjunction with an improved access on to Wester Mavisbank Avenue should enable the development to proceed without adverse affect to pedestrian and traffic safety. There is however a line of 9 mature trees along south and west boundaries of the site impinging slightly on some of the proposed parking spaces. Consent shall therefore be conditional to the submission of an amended parking layout to allow the retention of the trees and to ensure that the surfacing of the area is in a material that will not result in any damage to the tree roots.

5. CONCLUSION

5.1 Although the proposal does not retain a residential use I consider the proposed development acceptable, as it will not detract fiom the residential area in terms of noise, disturbance or visual intrusion. Moreover, the proposed layout provides sufficient parking and appropriate access arrangements. On balance, the proposal complies with the spirit and intentions Policy HG9 and the design guidance on Nurseries and I therefore propose that the application be accepted subject to appropriate conditions.

R0100224 126 Application No. C/O 1/00240/FUL Date registered 2 March 200 1 APPLICANT KELVIN HOMES LTD, 87 CALDER STREET, COATBRIDGE, ML5 4EY

Agent ARM Architects, 10 Payne Street, Coatbridge DEVELOPMENT ERECTION OF RESIDENTIAL DEVELOPMENT COMPRISING 62 DWELLINGHOUSES AND FORMATION OF ACCESS ROADS LOCATION KELVIN HOMES SITE (EAST SIDE OF) NEWTON STREET, COATBRIDGE

Ward No. 40 Grid Reference 272135663578

File Reference CPLICTN48I/CM/KH

Site History Old Monkland Redevelopment:

98/00829 Erection of 58 Dwellinghouses and Associated Access Roads 9810 1701 Erection Of 66 Dwellinghouses & 16 Flats And Associated Access Road, Landscaping & Play Areas 99/00184 Erection Of 10 No Dwellinghouses 99/00345 Erection Of 32 Dwellinghouses, 8 Flats, Access Road And Associated Landscaping 99101498 Erection Of 92 Dwellinghouses And 10 Flats Including Demolition Of Existing Flats And Formation Of Access Roads

Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policy:

HG9 Housing Policy for Existing Residential Areas

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection West of Scotland Water, The Coal Authority, Scottish Power, NLC Community Services Conditions No Reply

REPRESENTATIONS Neighbours No Response

Newspaper Advertisement Not Required

COMMENTS This proposal represents a further phase of the continuing redevelopment of the Old Monkland Area. Planning permission is being sought for the erection of 50 dwellinghouses and 12 flats at a site located to the east of Newton Street, Coatbridge. This particular phase (N4) would involve the demolition of 9 existing blocks of flats. All of the proposed units would comprise two storey semi-detached or terraced blocks with pitched tiled roofs, contrasting facing brick walls and each house would be provided with their own gardens and off-street parking facilities. A new road layout would accommodate traffc calming measures with vehicle access taken from Newton Street. The developer intends to landscape the communal open space areas and fi-ont garden areas to improve the visual amenity of the streetscape. The southern boundary of the site is bounded by Old Monkland Road and the

R0100240 127 Club 1 - L_- - e - c___ fr. -

Central Division Municipal Buildings ERECTION OF RESIDENTIAL DEVELOPMENT LANARKSHIRE ~~..--,.-.#.,~en .I_ n,r,r, I ,k,P, ,r\l IPCP Aklh Kiloonan street LUlVlYKl3iNU OL IN0 UVVCLLIIYUnuu3C3 RlYU COATBRIDGE ML5 3LN FORMATION OF ACCESS R A Telephone 01236 812222 Fax 01236431068 1:1250 This coov has been Droduced specifically for Planning and Building Control purposes only OS Licence LA 09041L I No further copies may be made developer intends to erect a wall and fence to match the boundary treatment of an earlier phase.

The layout does not include any outdoor play facilities. This size of development would normally require an equippeaplay space of about 500mZ as noted in the Council’s Design Guidance on open space. Local residents and community groups have been consulted and the outcome has been that local people would prefer play facilities to be located at the local community centre. NJX Community Services have no objection to this provided the resources are allocated for play equipment. Given this I would accept the alternative provision in principle as it is specifically what the people living in the area would prefer.

Following consideration of the merits of the proposal it is my view that the proposal could be implemented in a satisfactory manner in accordance with the terms of the development plan. The actual form of the children’s play provision within the Community Centre has not yet been fully resolved however the principle of establishing a facility at the local community centre is acceptable to Community Services. The housing layout is considered to be acceptable and would compliment the style and design of the earlier phases. There were no adverse comments received in regards to the proposal. It is therefore recommended that planning permission be granted subject to conditions.

By recommending approval of this proposal in its current form the principle is being established that no outdoor play facilities will be available in the redevelopment area for local children. While this runs contrary to established policy on play provision it follows the specific wishes of the residents of the area.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

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

+ Authority: including any modifications&-may be required.

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

3 That before the development hereby permitted starts, details of the design, location and construction of the proposed vehicular and pedestrian accesses, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

4. That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

R0100240 129 5. That all driveways shall be provided with a dropped kerb and be a minimum length of 6 metres. The fist 2.0 metres of the driveway shall be paved over its entire width and provided with a drainage facility, all to the satisfaction of the Planning Authority.

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.

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, including any modifications as may be required.

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

7. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the curtilage of the application site, other than that expressly authorised by this permission.

Reason: To enable the Planning Authority to retain effective control, in order to ensure no plot is over-developed.

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

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

9. That within one year of the occupation of the last four dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaphg and planting, approved unkr the terms of condition 8 above, shall be completed; and any trees, shrubs, or areas of grks whizh die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity

10. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection Of:- (a) the proposed public footpath shaded green on the approved plans (b) the proposed parking areas hatched red on the approved plans (c) the existing planting screen shaded orange on the approved plans

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

11. That the development hereby approved shall not commence until the necessary roadfootpath closure/diversion Orders have been successfully confirmed and the statutory procedures specified in Schedule 16 of the Town and Country Planning (Scotland) Act 1997 completed.

RO 100240 130 Reason: To allow the necessary statutory procedures to be carried out.

12. That no part of the development hereby approved shall be started until the alternative play provision within the community centre has been agreed in writing with the Planning Authority.

Reason: To ensure adequate play provision to serve the development.

List of Background Papers

- Application form and plans - Adopted Monklands District Local Plan 1991 - Copy letter from Director of Housing and Property, dated 1 February 200 1 - Copy letter from Clyde Valley Housing, dated 2 February 200 1 - Copy letter form Clyde Valley Housing dated 20 January 2001 - Consultation response form Director of Community Services - Consultation response from West of Scotland Water - Consultation response from The Coal Authority - Consultation response from Scottish Power

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12376 and ask for Colin Marshall.

R0100240 131 APPICATION NO. C/01/00240/FuL

REPORT

1. SITE & PROPOSAL

1.1 Planning Permission is being sought for the erection of 50 dwelinghouses and 12 flats at a site located to the east of Newton Street, Coatbridge. This particular phase (N4) would involve the demolition of 9 blocks of ex-local authority flats.

1.2 The site extends to some 1.65 ha. and is bounded to the works by new housing (redevelopment phase NI) to the east by an existing housing area to the south by Old Monkland Road and the west by Newton Street.

1.3 The proposed development would comprise a mix of two storey semi-detached and terraced dwellinghouses and two storey flats. The unit would have pitched tiled roofs, contrasting facing brick walls each house provided with their own garden areas and off-street parking facilities.

1.4 A new road layout would include traffic calming measures with vehicle areas taken from Newton Street. Landscaping works would include all commercial areas, and structure planting to front garden areas. The southern boundary of the site faces onto Old Monkland Road where developer would provide a wall/fence to maintain early redevelopment phase.

1.5 The layout does not include provision for equipped children’s play areas.

2.0 LOCAL PLAN

2.1 Under the terms of the Adapted Monklands District Council Local Plan, the application site is located within an area covered by Policy HG9 (Housing Policy for Existing Residential Areas).

3. CONSULTATION

3.1 There were no adverse comments received from West of Scotland, The Coal Authority or Scottish Power.

’ 3.2 The Director of Community Services has no objections to the proposal provided by the developer to provide children’s play equipment within the local community centre. It was stressed that the developer would need to provide play equipment and not funding for on staffing for a local - community pmject. .-- 4. REPRESENTATION

4.1 There were no representations received in regards to this planning application.

5. ASSESSMENT

5.1 Generally the proposed layout depends on the Council Design Guidance on such proposal in terms of the house design and plot ratio’s etc. However, as the developer does not intend to provide a play are and as this would not accord with the Council’s Policy on Open Space Provision. Indeed, the size of this site alone would require the developer to provide a total minimum play space of 1,500 square metres with at least 1,000 square metres to be equipped play space. In mitigation the developer has advised that all play space resources shall be targeted on the local community centre located off Marshal1 Street. The developer has undertaken a survey of all residents in the regeneration area and confirmed that existing play provision at the local community centre should be extended rather than providing play areas within the housing areas. Residents have expressed strong concerns over security problems associated with unsupervised and inappropriate use of play areas which was experienced in the area before the current redevelopment began.

R0100240 132 The Director of Housing and Property Services has advised that it is the residents intention to establish a small working party comprising community representation, the housing association, Community Services and Housing and Property Services to establish the best use of resources available and look at alternatives to access additional funding. It was stated that whilst the money could be spent relatively quickly on equipment, a wider strategy was needed to ensure best use of resources, to provide maximum benefit to the local community. It is anticipated that more detailed proposals would be developed in the summer. Committee should note that this strategy would effectively remove any requirement by the regeneration partners fiom providing small individual play areas within the regeneration area, The exception being the play area attached to Tilbury Douglas Phase (PD3) Brandon Street. Given the local residents known objections to new play areas within the phased development and the level of interest to develop and enhance an existing community resource (this being actively supported by local residents) in this instance I would be prepared to accept this as a compromise over the standard level of provision. However, I consider it would be appropriate to include a restrictive ‘condition’ that would preclude implementation of this and any other new phase until the alternative play provision strategy has been agreed.

5.2 The proposed layout is considered acceptable in terms of its design and in my view would complement the earlier phases. The house unit designs are acceptable, as are the proposed finishing materials, which would consist concrete dark red roof tile and mix of buff and red brick walls. There are no traffic issues to be resolved. The proposals accord with the terms of design guidance and are not detrimental to existing levels of residential amenity. On this basis I would be prepared to recommend that the development be granted permission subject to conditions.

RO 100240 133 Application No. CIO 1/00284/FUL Date registered 16" March 2001 APPLICANT Edward Smith, 3 Albert Place, Airdrie, Lanarkshire, h4L6 6DT

Agent DEVELOPMENT ERECTION OF 1 % STOREY SIDE EXTENSION TO DWELLINGHOUSE AND DEMOLITION OF REAR KITCHEN AREA LOCATION 3 ALBERT PLACE, AIRDlUE

Ward No. 43 Grid Reference 276832.665588

File Reference CRLlAIA390003 000/GL/KH

Site History There are no previous planning applications relating to this property.

Development Plan The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 199 1. The site also falls within the Drumgelloch Conservation Area.

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours 2 letters of representation

Newspaper Advertisement

COMMENTS This application relates to the erection of a 1 ?4 storey side extension to a large detached dwellinghouse at 3 Albert Place, Airdne. The proposal also involves the demolition of the existing rear kitchen area. The site is zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District local Plan 1991 and lies within the Drumgelloch Conservation Area. The application should therefore be assessed in terms of the Design Guidance on House Extensions and Conservation, and the developers guide to open space. 2 letters of representation were received. The objections relate to residential amenity, uncertainty as to the proposed use of the extension, potential traffic problems, potential nuisance to neighbours during construction and general environmental impact. The applicant has confmed that the extension is to remain ancillary to the enjoyment of the existing dwellinghouse and objections relating to amenity, traffic impact, nuisance and environmental impact are not considered sufficient to provide a basis for refusal. Although the extension is relatively large the proposed design is considered acceptable in relation to the existing dwellinghouse. The proposed layout provides sufficient parking and private garden space to meet the requirements of current design guidance and as such will not significantly affect the residential amenity of the area. I therefore consider the application acceptable subject to appropriate conditions.

134 R0100284 Produced by Department of Planning and Environment NORTH Central Division PLANNINGAPPLICATION NO. C/01/00284/FUL Municipal Buildings ERECTION OF 1 1/2 STOREY SIDE EXTENSION TO LANARKSHIRE ffildonan Street DWELLINGHOUSE AND DEMOLITION OF REAR KITCHEN AREA COUNCIL COATBRIDGE --- ML5 3LN AT 3 ALBERT PIACE, AlRDRlE Repmauc& tmm me 0rM.m sway nnpm wh * OBJECTOR (OTHER OBJECTA&NYMOUS) :1250A lbprmkwn~lVI~C~nrnlY~~IMrMl(uV~ Telephone 01235 812222 Fa.01236 431068 Shhonep! Ortka Q Crolil mpyruhl umrnorm ~apma~nl~n,nfnog.r crow cDwngni This copy has been produced specifically for Planning and Building Control purposes only am may MM io pro~cyuonor ciii pmu.am9 OS Licence LA 09041L No further copies may be made I RECOMMENDATION

Grant, subject to the following conditions:-

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

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

2. That the facing materials to be used for the external walls and roof shall be sandstone and slate, or such other materials that may firstly be agreed in writing with the Planning Authority.

Reason: To safeguard the future of the building and in the interests of amenity of the building and Conservation Area.

3. That before the development hereby permitted starts, full details of window types and decorative timber shall be submitted for the written approval of the Planning Authority, including any modifications as may be required. Window types and decorative timber shall be those agreed as part of this condition and not those specified in the approved plans.

Reason: To safeguard the future of the building and in the interests of amenity of the building and Conservation Area.

4. That before the development hereby permitted starts, full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To safeguard the future of the building and in the interests of amenity of the building and Conservation Area.

5. That the extension hereby permitted shall remain ancillary ,to the main dwellinghouse for the enjoyment of the habitants of the main dwellinghouse and not subdivided to provide separate residential units.

Reason: In the interests of the residential amenity of the area and to ensure the extension is not used as separate residential units.

6. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.

Reason: In order to preserve the existing trees and the overall character of the Conservation Area.

7. That prior to the completion of the development hereby permitted, 2 trees, of a species, size and location to be agreed in advance, shall be planted along the boundary with Albert Place. Any trees which die, are removed, damaged, or become diseased shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the amenity of the Conservation Area.

8. That before the development hereby permitted starts tree protection measures in accordance with British Standard BS58 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: In order to preserve the existing trees and the overall character of the Conservation Area. 136 R0100284 List of Background Papers

- Application forms and accompanying plans received 16" March 200 1. - Adopted Monklands District Local Plan 1991. - Letter of objection fi-om Mr R. Bear, Birkhill, 4 Albert Place, Airdrie received 26 March 2001. - Letter of objection from anon received 4 April 200 1.

Any person wishing to inspect the above background papers should telephone Gordon Liddell on Coatbridge 812374.

137 R0100284 APPLICATION NO. C/01/00284/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application relates to the erection of a 1 % storey side extension and the demolition of an existing rear kitchen area to 3 Albert Place, Airdrie. The existing dwelling is a large 2- storey detached villa situated in the Drumgelloch Conservation Area. The site is hemmed in to the west by Albert Place and to the north, east and south by adjacent properties. The dwelling is a large stone built property characterised by decorative gable features, a cream painted finish, slate roof and decorative timber. The dwelling is configured with the side elevation facing Albert Place. There is a 2m high stone wall along the boundary with Albert Place and substantial garden ground to the front of the dwelling.

1.2 The proposed extension is to the side elevation of the property at the boundary with Albert Place. The design provides a balanced frontage with the extension shadowing the existing east section of the dwelling. The extension extends beyond the existing rear building line by 5.5 metres. A pitched roof is proposed, with gable features on the fiont and side elevations. The rear roof section of the extension is to be hipped.

1.3 There is an existing single storey section to the rear of the property and this is to be removed as part of the development. Vehicular access arrangements are to remain as existing with drives to the front and rear of the property allowing several off-street parking spaces.

1.4 The proposal provides an additional bedroom, living accommodation, bathroom and small pantry on both the ground and first floors. The applicant has confirmed in writing that the accommodation is to remain ancillary to enjoyment of the main dwellinghouse and not used in any way for separate units.

2. CONSULTATIONS

2.1 No consultations were carried for this application.

3. OBJECTIONS 2.1 Two letters of objection were received giving the following reasons;

1. That the applicant has taken two mature trees down in preparation for the development (this information was received in an anonymous letter); 2. That the development will result in the loss of two mature trees; 3. That the development will result in a detrimental effect on the visual outlook from the objectors dwelling; 4. That the development will result in a loss of daylight to the curtilage of the objectors dwelling; 5. That the proposal appears disproportionate to the needs of the habitants of the dwelling indicating that is to be used as separate living units; 6. That the development will result in an increase in vehicular traffic exacerbating existing problems in Albert Place caused by a lack of pavements, heavy on street parking and speeding cars; 7. That there will be inconvenience and disruption caused by the development works; 8. That the development will contribute to the continued erosion of Albert Place and the wider conservation area.

4. ASSESSMENT

4.1 This application should be assessed in terms of the Development Plan and other material considerations. In this instance the proposed development is for an extension to a dwellinghouse with an established residential area therefore the principle of the proposal is in line with Policy HG9 in the Monklands District Local Plan.

138 RO 100284 4.2 The Local Plan also offers specific Design Guidance on House Extensions and Conservation. The proposed extension complies with the general guidelines relating to house extensions. The size of the development although large allows a sufficient level of usable private garden ground. With the demolition of the existing rear section the garden ground to the rear of the property will become a more usable space. The position of the extension to the side of the house is acceptable allowing adequate access to front and rear gardens. The design retains the established front building line while extending 5.5m beyond the rear building line. The roof pitch matches that of the existing dwelling. On balance, it is considered that the extension will remain subservient to and in keeping with the existing dwelling.

4.3 In terms of the Design Guidance relating to conservation the applicant has made attempts to reflect the higher quality of design and features apparent in the existing dwellinghouse. The external walls on the front elevation are to be reclaimed sandstone sourced from the old kitchen demolition. The sandstone will be painted to match the existing building with special window mullions and lintols cut and shaped to match those on the east section.

4.4 On all other elevations it is proposed to utilise concrete blocks painted to match the existing building. This may not be acceptable and consent is conditional to the submission of samples .for the written approval of the Planning Authority to ensure further control on this matter. This is also the case in relation to the proposed rooftiles and window types. It is proposed to finish the roof with Smooth Grey Marley Modem tiles. This roof tile is inappropriate for the Conservation Area, especially where the existing roof is finished with natural slate. Consent is therefore also conditional to the submission of samples of an acceptable roofmg material for the written approval of the Planning Authority. Proposed window types are white uPVC with centre rails to simulate the appearance of timber sash windows. All proposed windows are ground floor screened by the boundary wall along Albert Place. Existing windows in the property are aluminum, however these were installed prior to the area being designated as a Conservation Area. None the less, samples are again required for both the windows and the decorative timber features to ensure a suitable choice of external finishes. On balance, some attention has been made to the detailed design and materials in relation to conservation. On the whole there is a sufficient level of information to grant permission conditional to the submission of samples for further consideration by the Planning Authority. In this way effective control can be retained over the final appearance of the development.

4.5 With respect to point 1 and 2 of the reasons for objection there is no evidence relating to the loss of two mature trees in preparation for the development. There are two mature trees along the boundary with Albert Place and any felling or lopping of these would be the subject of separate planning controls. The applicant has advised there is no intention to fell these trees as part of the development and should any unauthorised works be carried out the applicant risks enforcement action being taken. Having visited the site with the Council Arboriculturalist Officer it is considered that the trees are in close proximity to the proposed extension. While retention of the trees is important it cannot be guaranteed that the works will not incur any long term damage, especially to the northern most tree. Subsequently, consent is conditional to the retention of the existing trees. In the eventuality of any of the trees receiving long term damage the applicant is required as part of the permission to plant 2 additional trees of a suitable quality to the satisfaction of the Planning Authority. Whilst preserving the existing trees is preferable it is not considered reasonable to recommend the application for refusal on the basis of potential long term damage.

4.6 With respect to points 3 and 4 of the reasons of objection it is considered that the extension will not have a significant detrimental effect on the objectors dwellinghouse. In respect to visual outlook, the right to a view is not considered a material consideration in planning terms. The objector’s dwellinghouse is situated some 12.5m to the west of the application site on the other side of Albert Place. As the proposed extension is lower in height than the existing dwellinghouse it is considered unreasonable to expect the development to have a significant effect on the visual outlook from the adjacent property. Similarly with regards to loss of light, the objectors dwellinghouse is situated to the west of the proposed extension. Any loss of sunlight would be in the morning, however the distance between the two properties, the fact that the extension is not as high as the existing ridge and the fact that the extension does not breach the front building line of the exisitng dwellinghouse means it is reasonable to assume there will be no significant loss of sunlight of daylight. Furthermore, it can be concluded that the proposed development will not result in a significant loss of sunlight to any other neighbouring property. 139 R0100284 4.7 It has been noted that the proposed extension is relatively large and arguably disproportionate to the needs of the current occupants. The additional accommodation could be construed as providing additional planning units, e.g. for the purpose of renting or B &B. The applicant has been advised that any subdivision would be subject to different planning policy on open space, parking standards etc. and would subsequently require a separate planning application. Additional planning units at this location may prove to be unacceptable. The applicant has confirmed in writing however that the extension is purely for the enjoyment of his family and will remain ancillary to the main dwellinghouse. The applicant is in agreement with a Planning Condition being placed on any consent requiring that the extension remains ancillary to the main dwellinghouse and not subdivided to provide separate planning units.

4.8 With respect to point 6 of the reason for objection it is considered unreasonable to recommend the application for refusal on the grounds of increased traffic on Albert Place. The application site already contains a double garage within the grounds and there are substantial slabbed driveways to both the fiont and the rear of the dwellinghouse. There will be no displacement of existing off-street parking places and the potential for off-street parking at this address is well in excess of Council Standards for new residential development. There is no significant link between this proposal and current problems on Albert Place in relation to on-street parking and speeding. It is not considered reasonable that this development will significantly contribute to a further increase in the volume of traffic to the detriment road and pedestrian safety. The application is not for separate residential units, or for a change of use to a guest house or B & B therefore standard parking provisions for individual dwellinghouses still

apply*

4.9 With respect to point 7 of the reasons for objection the planning permission relates to the principle and details of an extension at this location. Concerns relating to disruption and inconvenience due to works are appreciated, however they are not material considerations in planning terms and do not provide significant reason to refusal the proposal. The construction of the extension would be for a temporary period and it is not considered that this would result in a significant diminution of lifestyle for neighbouring residents.

4.10 With regards to the final reason for objection concerns relating to the erosion of the quality of the built environment within Albert Place and the wider Conservation Area are noted. The general principle when altering or extending buildings in Conservation Areas is to retain or match design, materials and architectural features. This does not prohibit development altogether. Regard has been given to the design of the proposed extension and samples of proposed external finishes are to be submitted for the written approval of the Planning Authority. It is considered that the design of the extension is in keeping with the dwellinghouse and the wider Conservation Area and control has been retained over external finishes to ensure appropriate materials are used. It is considered to be unfounded that this extension will further erode the quality- of the Conservation Area taking into account other examples of extensions to be found on Albert Place and the surrounding area.

5. CONCLUSION

5.1 On balance the proposed extension complies with Council Policy. The design is considered acceptable and control has been retained over external fmishes to ensure appropriate choice of materials. Open space and parking standards are achieved and it is considered that the development is in keeping with existing dwellinghouse, Albert Place and the Conservation Area. The various objections are not considered to provide sufficient grounds for refusal.

140 RO 100284 Application No. C/O 1/00373/FUL Date registered 30 April 2001 APPLICANT THE BOARD OF MANAGERS, ST. PHILIPS SCHOOL, PLAINS, AIRDRIE, LANARKSHIRE, ML6 7SF

Agent The Kerr Practice, Park Lane House, 47 Broad Street, Glasgow, G40 2QW DEVELOPMENT DEMOLITION OF EXISTING SCHOOL AND ASSOCIATED BUILDINGS, ERECTION OF NEW SCHOOL BUILDING, RESIDENTIAL UNITS, SECURE UNIT WITH GAMES WING AND SWIMMING POOL WITH ASSOCIATED ALTERATIONS TO PARKING & ACCESS LOCATION ST. PHILIPS SCHOOL PLAINS AIRDRIE LANARKSHIRE ML6 7SF

Ward No. 52 Grid Reference 278898666225

File Reference C/PL/PLA240/CLK/SOH

Site History 91/577 Proposed Housing at land to east of school, refused at appeal 1992 (contrary to policy) 734 181 Erection of school buildings and ancillary residential accommodation granted 1973 67/586 Change of use from house to residential school, granted 1967

Development Plan Monklands District Local Plan 1991 - Green Belt

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection NLC Community Services; the Coal Authority; West of Scotland Water; Conditions The Coal Authority No Reply

REPRESENTATIONS Neighbours None

Newspaper None Advertisement

COMMENTS St. Philips School is an established residential care school on the edge of Plains, comprising a traditionally built stone and slate building and numerous modem buildings dating from the 1970’s. It is proposed to demolish the modem element of the site to make way for new school, residential and sports buildings as well as a ‘secure unit’ providing similar facilities within an area of enhanced security. The new development will also involve the extension of the site area by 3.0ha, taking in a field to the east of the current site. The site is zoned as part of the Green Belt in the adopted local plan, but the relevant policy allows for new developments which require large areas of land and a rural location. I am satisfied that the principle of the development is acceptable and that its appearance and layout should not detract from the appearance or character of the area, or from highway safety on the Plains to Airdrie road. I recommend that permission should be granted subject to the attached conditions. Further details can be found within the attached report.

RO 100373 141 Produced by Depament of Planning and Environment PLANNING APPLICATION NO. C/01/00373/FUL Central Division DEMOLITION OF EXISTING SCHOOL AND ASSOCIATED BUILDINGS. N Municipal Buildings ERECTION OF NEW SCHOOL BUILDING, RESIDENTIAL UNITS ffildonan Street AND SECURE UNIT WITH GAMES WING AND SWIMMING POOL COATBRIDGE MU3LN AND ASSOCIATED PARKING AT ST PHlLlPS SCHOOL, PLAINS, AlRDRlE Telephone 01236 812222 Fax 01236 431068 I ~n 1:3000 This copy has been produce ildlng Control purposes only OS Licence LA 09041L RECOMMENDATION

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

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

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

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

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, including any modifications as may be required, and it shall include:-

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

Reason: In order to protect and enhance the landscaped setting of the site, in the interests of visual amenity.

4. That before the development hereby permitted starts, revised plans shall be submitted to the Planning Authority for its prior approval, and these shall show the re-siting of 'house unit no. 5' at least 10.0 metres further to the south east.

Reason: To ensure the retention and and protection of the tree, in the interests of the visual amenity of the area.

5. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.

Reason: In order to protect the landscaped setting and visual amenity of the site.

6. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: In order to protect the landscaped setting and visual amenity of the site.

7. That within one year of the occupation of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (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 the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In order to protect and enhance the landscaped setting and visual amenity of the area.

RO 100373 143 8. That a visibility splay of 4.5 metres by 160 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is frst 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 adequate visibility from the site in the interests of highway safety.

9. That before the development hereby permitted is first occupied, the existing vehicular access to the application site, marked GREEN on the approved plans, shall be closed off and the ground within the area formerly occupied by the access, and other redundant internal access roads and parking areas, shall be incorporated within the landscaping plan referred to within condition no. 3 above.

Reason: In the interests of pedestrian and vehicular safety, and to protect the visual amenity of the area.

10. That before development starts, details of the surface fmishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

11. That no gates, or other obstructions, shall be erected within the frst 16.0 metres of the access, as measured from the heel of the footway, and not measured from the carriageway as shown on approved plans.

Reason: In the interests of highway safety in order to prevent the build up of stationary traffic on the public road.

12. That before works commence on site, and notwithstanding those details within approved plans, the new vehicular access to the site shall comprise a right turn facility, the details of which shall be agreed in advance with the Planning Authority.

Reason: In the interests of highway safety.

13. That before any works start on site, revised drawings of the internal road layout shall be submitted to the Planning Authority for its prior approval, and this shall show the following details:

(a) Details of pedestrian linkage between the new buildings and the public road; (b) 10.5 metre radius from the internal access road and parking courts; (c) Servicing area to school to be altered and enlarged to accord with industrial/commercial requirements set out in Roads Guidelines.

Reason: To ensure the proper layout of the internal road system, in the interests of pedestrian and vehicular safety and convenience.

14. That notwithstanding the provisions of the Building Standards (Scotland) regulations 1990, and before development starts, a certificate from a recognised fm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Advisor Status (ICE, SISG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based upon a professionally supervised and regulated rotary drilling scheme.

Reason: To ensure the mineral stability of the proposed site in the interests of prospective users of the site. (NOTE: A copy of the Certificate pro-forma is available from the Divisional Office).

R0100373 144 List of Background Papers

- Planning application and accompanying plans. - Letters to agent dated 23 April 200 1 and 14 May 200 1. - Letters from The Kerr Practice Architects dated 9 May 2001 and 3 1 May 2001. - Letter fi-om West of Scotland Water dated 17 April 2001. - Memorandum from Director of Community Services dated 3 1 May 200 1. - Letter from the Coal Authority dated 17 May 200 1.

Any person wishing to inspect the above background papers should telephone Coatbridge 812379 and ask for Mr. Kellock

R0100373 145 APPLICATION NO. C/01/00373/FUL

REPORT

1. DESCRIPTION OF SITE

1.1 St Philips School is a residential care school (previously known as a ‘List D’ school) situated on the south-west edge of Plains.

1.2 The site comprises a traditionally built 2 storey stone property (used as the administration block) with several single storey buildings built in the 1970’s comprising a teaching block, sports facilities and several residential bungalows. This is all set within a landscaped setting of mature and semi-mature planting. There are two means of a vehicular accesses into the site from the A89 Airdrie Road.

1.3 At present, the school provides residential facilities for 36 pupils with a further 24 attending on a day basis.

1.4 The site is surrounded by Airdrie Road to the north, fields to the north, west and east, and by a section of the AirdrieBathgate cycle path to the south. The Plains Travelling People site is approximately 140m to the west, and the closest part of Plains is approximately 150m to the east.

2. DESCRIPTION OF PROPOSALS

2.1 It is proposed to demolish the modem buildings within the site to make way for new replacement facilities comprising new school, residential and sports buildings. The west most access would be retained for the exclusive use of the administration block. The east-most access would be closed off and a new access formed 140m to the east incorporating a right turn facility. The new development would result in the overall site being increased by approximately 3 ha involving the take up of rough grazing areas to the east of the existing site.

2.2 In addition to the above, a new secure unit would be created providing accommodation for a further 24 residents. This in itself would result in a further 24 pupils staying at the school, all of whom would be accommodated within the secure unit. It is estimated that this would necessitate another 100 staff members being employed.

2.3 Other than a 2-storey section of school building, the new development would be single storey, and all would be constructed of brick and tiled construction.

2.4 The sports facilities (including games hall and swimming pool) are intended for use exclusively by the school, although the school board would examine the possibility of making the facilities available for the general public in the future.

2.5 The demolition would take place in phased manner, to ensure that there is no need to decant existing pupils during construction works.

2.6 The area of ground to the east formed part of a larger proposal for new houses which was refused at appeal in 1992. The main reason for refusal related to the presence of the site in the Green Belt.

3. DEVELOPMENT PLAN

3.1 The entire site is zoned as part of the Green Belt in the Monklands District Local Plan 1991. Policy GB1 (Restrict Development in Greenbelt) states that no development will be permitted except for (amongst others) uses which requiring a rural location to avoid nuisance to neighbours or if they need large areas of openspace.

4. CONSULTATIONS AND REPRESENTATIONS

4.1 There have been no letters of objection from local residents as a result of the normal neighbour notification procedure or the press notice in the local newspaper.

R0100373 146 4.2 The Director of Community Services, West of Scotland Water have no objections to the proposals.

4.3 The Coal Authority has noted the presence of shallow workings beneath the site.

4.4 The Transportation Team Manager has no objections subject to some alterations to the layout of the servicing arrangements to the school building and some alterations to the internal road layout.

5. PLANNING ASSESSMENT

5.1 The proposal should be assessed in terms of the development plan. The site is zoned as Green Belt within the Monklands District Local Plan, and policy GB1 will apply. The facility already exists within the Green Belt and could arguably be described as a use which require a large areas of open space within a rural location. On this basis, I would suggest that the proposal meets the terms of the policy GB 1, and therefore is acceptable in principle. The introduction of the ‘secure unit’ is considered acceptable, and will not necessitate the introduction of high and potentially unsightly security fencing, as the design and layout of the buildings will provide the required levels of security.

5.2 As noted above, part of the site was the basis of a refusal of planning permission at appeal. However, this related to a housing development, and I am satisfied that an approval of this current proposal will not conflict with that previous decision.

5.3 The low density nature of the development and the height and location of planted areas around the site will all ensure that the visual impact of the new development will be minimal when seen from public areas. Accordingly, the character and appearance of the Green Belt will not be prejudiced as a result of the proposals.

5.4 The buildings will result in the removal of some areas of younger tree planting. One of the residential blocks would result in the removal of a large mature tree towards the front of the site, but a planning condition will require the building to be re-sited to ensure its retention. The landscaped setting of the site will therefore be protected and thereafter enhanced through a new planting scheme.

5.5 The new vehicular access arrangements, and internal servicing and parking layout are all considered acceptable, subject to conditions requiring some minor alterations to the internal layout.

6. CONCLUSION

6.1 Despite the site’s location within the Green Belt, I am satisfied that the principal of the development is acceptable, and that the character or appearance of the area should not be prejudiced by the development. Accordingly, I recommend that permission should be granted subject to the attached conditions.

RO 100373 147 Application No. c101100394m Date registered 10 April 200 1 APPLICANT Mr & Mrs Spence, 4 Burnside View, Coatbridge, ML5

Agent DEVELOPMENT ERECTION OF SIDE EXTENSION TO DWELLINGHOUSE LOCATION 4 BURNSIDE VIEW, COATBRIDGE

Ward No. 36 Grid Reference 272099 664467

File Reference CPLICTB92 10040000/FUL/RT/KH

Site History None

Development Plan Under the Terms of the Adopted Monklands District Local Plan 199 1 the application site is located within an area covered by policy:-

HG9 (Existing Residential Area)

Contrary to No Development Plan

CONSULTATIONS Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours One

Newspaper Not Required Advertisement

COMMENTS This application seeks planning permission to erect a side extension with small projection to the kont of the dwellinghouse at 4 Burnside View, Coatbridge. One letter of objection has been received from an adjoining neighbour in relation to this application and the comments are detailed in my accompanying report. For reasons contained in the accompanying report it is recommended that planning permission is granted subject to conditions.

RECOMMENDATION

Grant, subject to the following conditions:-

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

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

2. That the facing materials to be used for the external wails and roof shall match in colour and texture those of the existing dwellinghouse.

Reason: In the interest of the visual amenity of the dwellinghouse and surrounding area.

148 RO 100394 -Produced by Department of Planning and Environment PLANNING APPLICATION NO: C/01/00394/FUL Central Division Municipal Buildings ERECTION OF SIDE EXTENSION TO gI. Kk&s"lI?E ffildonan Street COATBRIDGE DWELLINGHOUSEAT 4 BURNSIDE VIEW, ML5 3LN COATBR IDG E Repmd-d fmm me Ordnance SWVW maPPmW vdh LOCATION OF OBJECTO~49 :,A250 miprmlui~n~fmicon~ml*rahcrM.mNa * C~D- Telephone01236812222 01236431068 , sbiiOrnryofnu m sopyrani Fax Um.ulhoIsIdIapcoOYUmO inhinge. Cmm cownphl This copy has been produced specifically far Planning and Building Control purposes only and may lead I0 PmYWfDn Or CIYII PmMdInD. OS Licence LA 09041 L No funher copies may be made I - 3. That prior to the extension hereby approved being brought into use, two car parking spaces shall be provided within the 10 metre driveway area as indicated on drawing 0 1 (amended plan).

Reason: To ensure the adequate provision of car parking within the curtilage of the dwellinghouse.

~ ~~

List of Background Papers

- Application form and plans - Adopted Monklands District Local Plan 199 1 - Letter of objection fiom Mr J McGhee, 6 Burnside View, Coatbridge, dated 17 April 2001

Any person wishing to inspect the above background papers should telephone Coatbridge 812375 and ask for Rosaleen Toal.

R0100394 150 APPLICATION NO. C/01/00394/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is a semi-detached dwellinghouse lying within an established and relatively new housing estate.

1.2 The applicant is seeking planning permission for the erection of a side extension to the dwellinghouse, to accommodate an additional bedroom and store area. The extension will be finished in materials to match the existing dwellinghouse. It projects at the front by 1.2 metres over a distance of 7 metres.

2.0 REPRESENTATION

2.1 One letter of objection has been received from the adjoining neighbour in relation to this application. The objection is on the following grounds:

The extension will exceed the buildhg line by several metres. The eaves of the roof will encroach into the objectors garden. The extension will block out sun light in the morning. The storeroom door of the extension overlooks the objectors back garden, leaving him with no privacy. The applicant has a pigeon loft is his garden and is constantly in his back garden. The applicant has made internal alterations to his existing dwellinghouse and now has a constant view of the objectors patio door. The objector is worried that the applicant will make the same internal alterations with the store room door to his bedroom window. The objector feels that he will be unable to sell his house due to lack of privacy from the extension and the existing pigeon loft.

3.0 ASSESSMENT

3.1 On detailed assessment of the application it was considered that the eaves and gutter of the-proposed extension may overhang into the objectors garden at one point. The applicant has now submitted amended plans which set the extension back some 600mm from the objectors garden. It is now considered that the proposals are acceptable on the site in terms of design, scale and materials. Indeed the dwellinghouse as extended would integrate suitably within the location without having any adverse effects of amenity. In effect there are no material planning reasons to suggest that the development should not be allowed to go ahead.

3.2 On the grounds of the objection received, the following response is made: The proposed extension will not exceed any established building line on the street. While there is a projection of 1.2 metres, the house itself is forward of its adjoining neighbour’s by the same distance. This is considered acceptable and has no effect at all on the objectors property. The eaves and guttering of the extension have now been set back some 600mm from the objectors garden to ensure no overhanging takes place. It is considered that the shading from the proposed extension is minimal and will not have adverse effect on the neighbouring property. The applicant is proposing a door only to the storeroom, which is not considered a privacy problem. The applicants existing pigeon loft and time spent in his garden is not a material consideration in the assessment of this application. The internal alterations already made to the applicant’s house are not a material consideration in the assessment of this application. Future internal alterations to the dwellinghouse are not a material consideration in the assessment of this application. Whilst the issue of the pigeon loft and privacy have already been addressed, the effect on property values is not a material consideration in the assessment of this application.

RO 100394 151 4.0 CONCLUSION

4.1 Following the taking into account of all material considerations, including the concerns of the objector, it is recommended that planning permission is granted subject to the attached conditions.

R0100394 152 Application No. C/01/00483/FuL Date registered 27 April 200 1 APPLICANT MR JOHN CAIRNS, 4 BALLATER WAY, GLENBOIG

Agent DEVELOPMENT ERECTION OF PIGEON LOFT (IN RETROSPECT) LOCATION 4 BALLATER WAY, GLENBOIG

Ward No. 33 Grid Reference 271401 668776

File Reference C/PL/GBB045/ML/KH

Site History No relevant site history

Development Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours One letter of objection

Newspaper Advertisement

COMMENTS The application relates to the erection of a pigeon loft (in retrospect) at 4 Ballater Way, Glenboig. The pigeon loft is sited in the rear garden of a terraced dwellinghouse within an established residential area. The pigeon loft replaces the existing brick outbuilding which is standard in the gardens of the surrounding dwellinghouses. Following neighbour notification one letter of objection was received details of which are contained in the attached report. Despite the concerns of the objector, I recommend that planning permission be granted. Further details are contained within the attached report.

RECOMMENDATION

Grant

List of Background Papers

- Application Form and Plans dated 30 April 200 1 - Adopted Monklands District Local Plan - Letter from Mrs J McLean, 5 Ballater Way, Glenboig

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12373 and ask for Marlaine Lavery.

153 R0100483

APPLICATION NO. C/01/00483/FUL

REPORT

1. SITE AND PROPOSAL 1.1 The application is for the erection of a pigeon loft (in retrospect) at 4 Ballater Way, Glenboig. The loft is sited to the rear of the garden of the terraced dwellinghouse. The garden is 77 square metres and the pigeon loft is 2.5m X 1.5m and is sited 8m fiom the house

1.1 The pigeon loft replaces a brick outbuilding which is standard in the terraced row and the surrounding dwellinghouses

1.2 The site is located within an area covered by policy HG9 Housing policy for existing residential areas which states that there will be a presumption against development which is likely to adversely affect the amenity of the area.

2. REPRESENTATIONS

2.1 Following neighbour notification one letter of objection was received. The letter of objection was from Mrs J McLean of 5 Ballater Way and the grounds of objection raised were that :

(a) There is an excessive amount of pigeon droppings which are being transferred into her dwellinghouse by foot

(b) The noise from the pigeons is disturbing

(c) Plumage from the birds is entering the house through open windows, causing aggravation to asthmatic member of the household.

3. OBSERVATIONS

3.1 In assessing this particular proposal, it is considered that the relevant determining factors are whether the pigeon loft would accord with local plan policy and whether the pigeon loft would have a detrimental impact on neighbours particularly in view of the points of objection mentioned.

3.2 Within the Glenboig area there are numerous pigeon lofts, many of which do not require planning consent. It should be noted that the pigeon loft in question would have been permitted development had it not been for the lane at the rear of the dwellinghouse.

3.3 Given the size and location of the structure and its relationship with nearby properties, I do not consider that it detracts fiom the outlook or amenity of the neighbours houses to an extent which merits the refusal of planning permission.

3.4 Members will recall a previous planning application, No. C/O 1/00 159RUL for the erection of a pigeon loft at 47 Cornhill Drive, Coatbridge which was refused at the committee meeting on the 11 April 2001. This pigeon loft was refused for the reason that it was likely to adversely affect the amenity of the surrounding residential area by virtue of location, smell and noise. However, it should be noted that this particular loft was of a larger scale and was sited within the shared garden of a flatted dwellinghouse.

4. CONCLUSION 4.1 In conclusion I consider the proposal acceptable in its existing form. The location within an individual garden is acceptable and having considered the impact of the proposed pigeon loft on the amenity of the objectors property, I am of the opinion that it will not adversely affect the amenity of the neighbours to an extent which would merit witholding planning permission.

155 RO 100483 Application No. S/00/00920/FUL Date registered 1 st August 2000 APPLICANT CARBARNS CONSTRUCTION, UNIT 27, CARFIN INDUSTRIAL ESTATE, MOTHERWELL Agent J Kerr McDougal, Unit 27, Carfin Industrial Estate, Motherwell DEVELOPMENT CONSTRUCTION OF 12 FLATS LOCATION OFF MUIRHOUSE ROAD, MOTHERWELL

Ward No. 13 Grid Reference 276859-654792

File Reference S/PL/B/2/4(232)/WLS/LG

Site History Part of car park for St. Brendan’s Church. No significant Planning history, although the Muirhouse area has undergone significant redevelopment in recent years.

Development Plan Residential / Public Open Space (Burgh of Motherwell & Wisliaw Development Plan) Established Community Facility (Finalised Draft Southern Area Local Plan)

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Telewest; Transco; West of Scotland Water; Scottish Power; Coal Authority Conditions No Reply British Telecoin

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS This application is for the construction of twelve 2-bedroomed flats on a site to the south of St. Brendan’s Church Hall in Muirhouse, Motherwell.

The development comproinises two blocks, one with a three-storey part the other two-storey cottage flats. Car parking for 16 vehicles will be provided, the car park being accessed from a cul-de-sac to the south. The proposal also involves the re-lining of the remaining church car park.

There are no objections to this proposal, which will further extend the range of housing choice in the Muirhouse area. It is therefore recoininended that permission be granted.

156 0521:l

----

--_-. --_--.‘ RECOMMENDATION

Grant, subject to the following conditions:-

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

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

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

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

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

4 That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.

Reason: In the interests of the visual amenity of the area and to enable the Planning Authority to consider these aspects in detail.

5. That within one year of the occupation of the last dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the amenity of the area and to ensure the satisfactory provision of landscaping within the development.

6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing- care, maintenance and protection of- the proposed footpaths shaded YELLOW on the approved plans; the proposed parking areas hatched BROWN on the approved plans; the proposed external lighting provided for the area(s) hatched BROWN on the approved plans;

158 (d) the proposed grassed, planted and landscaped areas hatched GREEN on the approved plans; (e) the proposed fences to be erected along the boundaries marked RED on the approved plans.

Reason: To ensure a satisfactory management and maintenance scheme for communal areas within the development.

That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 6 above shall be in operation.

Reason: To ensure the operation of the management and maintenance scheme.

That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

9. That before the development hereby permitted is occupied by the first resident, 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 adequate parking facilities within the site.

10. That before the development hereby permitted is occupied by the first resident, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.

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

11. 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, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

12. That before the development hereby permitted is occupied, the remaining church car park, north of the application site, shall be extended, and the spaces clearly marked out, as shown on the approved plans.

Reason: To ensure the provision of adequate parking facilities for the church.

159 List of Background Papers

Application Form and Plans Letter dated 2/11/00 from J. Kerr McDougal Burgh of Motherwell & Wishaw Development Plan Finalised Draft Southern Area Local Plan Letter dated 22/08/00 from Telewest Letter dated 21/08/00 from Transco Letter dated 22/08/00 from West of Scotland Water Memo dated 3 1/08/00 from Transportation Team Manager Letter dated 1/09/00 from Scottish Power Memo dated 6/09/00 from Lighting Teain Manager Memo dated 2/1 O/OO from Environmental Control Manager Letter dated 20/04/0 1froin The Coal Authority

Any person wishing to inspect the above background papers should telephone Motherwell 302088 and ask for Les Stevenson.

160 Application No. S/O1/00139/FUL Date registered 8 February 2001 APPLICANT BRITISH TELECOMMUNICATIONS PLC, 8 1 NEWGATE STREET, LONDON EC 1A 7AJ Agent Lambert Smith Hampton, 97-99 West Regent Street, Glasgow G2 2BA DEVELOPMENT ALTERATIONS TO BUILDING FACADE LOCATION TELEPHONE EXCHANGE, HATTONRIGG ROAD, BELLSHILL

Ward No. 30 Grid Reference 273466-6605 13

File Reference S/PL/B/7/75/RMcI/AH

Site History Long Established Telephone Exchange

Development Plan Industrial : Bellshill & Mossend Local Plan

Contrary to Development Plan NO

CONSULTATIONS

0b j ection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 7 letters of objection Newspaper Advertisement Not Required

COMMENTS There are no planning objections to the minor alterations to the south faqade of the Telephone Exchange and it is recommended that permission be granted, notwithstanding the concerns of the neighbours.

RECOMMENDATION

Grant, subject to the following condition:

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

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

161 PLANNING APPLICATION No. S / 01 / 00139 / FUL

DepartmentProduced byof Plsnntng and Environminl ALTERATIONS TO BUILDING FACADE LANARKSHIRE southern D3"lslo" 303 Brandon Slriet MOTHERWELLML1 1RS TELEPHONE EXCHANGE, HATTONRIGG ROAD, BELLSHILL. Repmawa horn the Oranmu Swey rnippng nnlh me prmwon of the cmiiollei of kr~~laiyt Telephone 01688 302100 Fax 01898 302101 A 1:1250 SI~I~MYom @crown capyngrn Location of Objectors UNYlhDnsedlLpmdYdion InChgLS CDW wpyne OS Licence LA 09041L * 162 and may lead 10 prOseUlbn OIFNII PISeedhgs List of Background Papers

Application form and plans dated 2ndFebruary 2001 Letter from Mrs J Smith, 16 Dornoch Court, dated 23rdFebruary 2001 Letter from Mrs C Marshall, 6 Dornoch Court, dated 19" February 200 1 Letter from Mr & Mrs Gaimster, 8 Dornoch Court, dated 18" February 200 1 Letter from Mrs F McRae, 14 Dornoch Court, dated 20" February 2001 Letter from Mr D Carroll, 10 Dornoch Court, dated 13" February 200 1 Letter from C Smith, 14 Huntly Avenue, received 23rdFebruary 200 1 Letter from A M Malone, 12 Huntly Avenue, received 23rdFebruary 2001 Letter from Lambert Smith Hampton, dated 2"d March 2001 Memo from Environmental Health, Protective Services, dated 27" February 2001 Memo from Environmental Control, Protective Services, dated 15' May 200 1

Any person wishing to inspect the above background papers should telephone Motherwell 302089 and ask for Mr McInnes.

163 APPLICATION NO. SI0 U001 39/FUL

REPORT

1. PROPOSAL

1.1 This application by British Telecommunications Plc is in respect of the installation of two louvre openings and two condenser units in the south faqade of the Bellshill Telephone Exchange.

1.2 The alterations are required as part of the installation of internal equipment associated with the Local Loop Unbundling Project which has been set up to allow other Licensed Operators the use of the existing telecommunications underground network via British Telecom Exchange Buildings. The works are a requirement of OFTEL and are being undertaken within each telephone exchange building throughout the U.K.

1.3 The external condenser units will provide a constant supply of cool air to the room in which the “other Licensed Operators” kit is to be installed.

1.4 The Telephone Exchange is located in Hattonrigg Road, Bellshill, with houses on Dornoch Court to the south and Huntly Avenue to the west, as illustrated on the attached location plan.

2. OBJECTIONS

2.1 Following the Neighbour Notification procedure, seven letters of objection have been received from residents in Dornoch Court and Huntly Avenue. The grounds of objection may be summarised as follows:-

1. Noise pollution from the air conditioning units. 2. Visual eyesore fiom the rear of the houses in Dornoch Court.

2.2 Some of the neighbours also claimed that they were not notified of the application by British Telecommunications Plc, and several made reference to a recently erected telecommunications mast within the grounds of the exchange. Comment was also made about health risks associated with the existing electricity substation in the immediate vicinity of the houses.

3. COMMENTS

3.1 While it is recognised that the local residents may well have some concerns about the long established electricity substation and the new telecommunications mast, erected under permitted development rights, the issue currently before the Committee is the planning application in respect of alterations to the south faqade of the telephone exchange building involving the installation of two condenser units and two louvre openings.

3.2 My Environmental Control Manager has assessed the technical specification of the louvre openings and condenser units and is satisfied that they should not give rise to any complaints about noise or other pollution problems.

3.3 Of the five houses in Dornoch Court which are directly due south of the exchange building, one is 10 metres from the south faqade and the other four are 18-20 metres fiom the faqade. There are no alterations to the faqade directly behind the closest house, and the outlook fiom the rear windows of the other four will not be sufficiently adversely affected to justify a refusal of permission on the grounds of a diminished view.

4. CONCLUSION

4.1 Some of the local residents in Dornoch Court and Huntly Avenue have concerns about the relationship between their houses and an existing electricity sub-station and telecommunications mast. However, it is my opinion that the proposed alterations to the telephone exchange building, as presented in the current application, are acceptable from a planning point of view.

4.2 It is therefore recommended that permission be granted. 164 Application No. S/O 1/0024 1/OUT Date registered 7th March 200 1 APPLICANT PETER MCSHANE, 268 WHITEHILL STREET, GLASGOW G3 1 3EL Agent George Creegan, 3 Glenacre Crescent, Uddingston G7 1 6EJ DEVELOPMENT CONSTRUCTION OF D W ELLINGHOUSE LOCATION 320 NEW EDINBURGH ROAD, UDDINGSTON

Ward No. 22 Grid Reference 271414660531

File Reference S/PL/B/9/117( 122)/SP/LG

Site History 5/3/90: Extension to dwelling. Granted 27 December 1990 97/00567/FUL: Erection of dwellinghouse. Withdrawn 12 May 1999

Development Plan Uddingston-Tannochside Town Map 1973 - Industry Southern Area Local Plan Finalised Draft 1998 - Greenbelt

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection The Coal Authority; SEPA; CSCT; West of Scotland Water; Scottish Natural Heritage Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant is seeking outline planning permission for a dwellinghouse on the site of a previous house on land at 320 New Edinburgh Road, Uddingston. The proposal is contrary to the terms of the relevant local plan policies covering this location and, therefore, it is recommended that planning permission be refused. Should the Committee be minded to grant permission, the application will require to be referred to the Scottish Ministers as it is contrary to the Development Plan. The Scottish Ministers have the right to call the application in for determination.

RECOMMENDATION

Refuse, on the following grounds:-

165 PLANNING APPLICATION NO. S / 01 / C€)241/ OUT CONSTRUCTION OF DWELLINGHOUSE ( IN OUTLINE 1

T~OlSSS3celOO OlS39BJp101 A Far 320 NEW EDINBURGH ROADIWTON. 1:1m I cs~LAo4)41L 1. The proposal is contrary to the terms of the industrial zoning of the land in the Uddingston-Tannochside Town Map.

2. The proposal is contrary to Policy ENV 6 in the Southern Area Local Plan Finalised Draft which presumes against new development in the Green Belt with no justification in terms of agriculture, forestry, outdoor leisure and recreation or other appropriate rural uses.

3. The proposal is contrary to Policy HSG 12 in the Southern Area Local Plan Finalised Draft which presumes against replacement houses in the Green Belt unless it can be proved that a house in a poor quality already exists on the site.

4. An additional direct frontage vehicular access on to New Edinburgh Road represents an undesirable road safety hazard at the locus.

5. The proposed development, if approved, could create a precedent for other similar proposals both in the immediate area aiid within North Lanarkshire generally, the cumulative effect of which would be to the detriment of the character of the Green Belt.

NOTE TO COMMITTEE

If granted, this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland)

List of Background Papers

Application Form and plan dated 05/03/01 Letters from George Creegan (agent) dated 28/02/0 1, 06/04/0 1 aiid 09/05/0 1 Letter from The Coal Authority dated 20/03/0 1 Letter from SEPA dated 20/03/0 1 Letter from CSCT dated 19/03/01 Letter from West of Scotland Water dated 21/03/01 Letter from Scottish Natural Heritage dated 26/03/01 Memo from Transportation Team Manager dated 1 1/04/0 1 Memo from Community Services dated 18/05/01

Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Shirley Penman.

167 APPLICATION NUMBER S/O 1/0024 1/OUT

REPORT

1. DESCRIPTION OF SITE AND PROPOSAL

1.1 The application site extends to approximately 0.1 hectares (0.3 acres) and is located on the south side of New Edinburgh Road opposite the Bothwell Park Hotel and relatively close to the junction of New Edinburgh Road and Fallside Road, Uddingston. The site formerly contained a red sandstone detached dwellinghouse.

1.2 The applicant seeks outline planning permission for a single dwellinghouse, with vehicular access from New Edinburgh Road.

2. DEVELOPMENT PLAN

2.1 The site lies within an area zoned primarily for industrial use in the Uddingston-Tannocliside Town Map 1973.

2.2 The site is identified as Green Belt in the emerging Southern Area Local Plan (Finalised Draft 1998) and covered by Policy ENV6.

2.3 The proposal is contrary to the development plan covering the area.

3. REPRESENTATIONS AND CONSULTATIONS

3.1 The proposal was advertised under the Development Contrary to Development Plans (Scotland) Direction 1996. Neighbour notification was undertaken by the applicant. No letters of representation or objections have been received as a result of these processes.

3.2 West of Scotland Water, the Scottish Environment Protection Agency (SEPA), Central Scotland Countryside Trust (CSCT) and Scottish Natural Heritage have no objections to the proposal.

3.3 The Coal Authority has no objections to the proposal but advises that the site may have been affected by previous mine workings.

4. PLANNING ASSESSMENT AND CONCLUSIONS

4.1 The land use zoning in the Uddingston-Tannochside Town Map 1973 identifies the site for industrial use. Given that this plan is almost thirty years old it is more appropriate to examine the relevant policies in the emerging Southern Area Local Plan (SALP). The site is covered by Policy ENV6 in the SALP which precludes development or change of use other than that directly associated with and required for agriculture, forestry, outdoor leisure and recreation or other appropriate rural uses.

4.2 The application also requires to be assessed against Policy HSG 12 of the SALP which relates to ‘Housing in the Green Belt and the Countryside’ as the applicant has stressed that his proposal is for a replacement dwelling. Amongst other criteria Policy HSG 12 states that replacement of existing houses will only be permitted where it can be demonstrated that the existing buildings are of poor quality. The house to which the applicant refers was demolished

168 approximately 18 months ago as it was considered to be a dangerous building. All that remains on site is a heap of rubble. The Local Member has advised, following discussions with nearby residents, that the former house has not been occupied as a residential dwelling for the past 18- 20 years. Consequently as no part of the previous building has existed on site for over a year and a half Policy HSG12 of SALP is not considered to be relevant in this instance.

4.3 Although not yet adopted, the Southern Area Local Plan (Finalised Draft 1998) represents the Council’s current view on development in the Southern Area and is, therefore, a material consideration.

4.4 The applicant is aware of the current policies which cover his site but believes that the Green Belt zoning on the SALP which includes his site is an error. However there is no record of the applicant objecting to tlie Finalised Draft Plan during the public consultation exercise. The applicant also considers that his proposal for a replacement dwelling complies with Policy HSG12. The applicant did not live in the house, which was in a poor state of repair, other than staying overnight on occasion as a security measure to prevent further vandalism at the property. The building was set on fire on a number of occasions prior to being demolished.

4.5 In addition to the Policy issues outlined above the Transportation Team Manager has recommended refusal on the grounds or road safety in that the proposal takes an additional direct frontage access on to New Edinburgh Road which is classed as a District Distributor road. The required visibility splays cannot be achieved at the site as the land required lies outwith the applicant’s control, and is in fact owned by North Lanarkshire Council.

4.6 The Director of Community Services has advised that the Green Belt land surrounding the application site is currently under consideration for the Fallside Community Nature Park. This is a community project which is in the early stages of development and has the support of the Local Member and the Central Scotland Countryside Trust.

4.7 In concluding, in terms of character and amenity it could be argued that one house at this location may not cause significant harm given the site history. However, if an undesirable precedent is set as a result, it is likely to have a significant impact on the character of the Green Belt and within North Lanarkshire generally. The cumulative effect of such development would be to the detriment of the Green Belt.

4.8 In light of the policies which prevail in the emerging Southern Area Local Plan, it is not considered that the applicant has put forward a significantly strong case to justify a departure from the current development plan. On balance, therefore, it is recommended that planning permission be refused.

4.9 Finally, it should be noted that if tlie Council decide to grant consent the application will require to be referred to the Scottish Ministers in accordance with the ‘Development Contrary to Development Plans’ procedure. The Scottish Ministers have the right to call in the application for determination.

169 Application No. S/O 1/00288/FUL Date registered 16 March 2001 APPLICANT MR & MRS DANIEL ANDERSON, 18 ARMSTRONG CRESCENT, UDDINGSTON Agent DEVELOPMENT EXTENSION TO DWELLINGHOUSE LOCATION 18 ARMSTRONG CRESCENT, UDDINGSTON

Ward No. 21 Grid Reference 270378 661708

File Reference S/PL/B/9/85(2 1 5)/GL/AH

Site History No significant site history

Development Plan Residential on the Finalised Draft Southern Area Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One objection Newspaper Advertisement Not Required

COMMENTS The applicants are seeking permission to erect a side extension at their bungalow at Armstrong Crescent, Uddingston. There has been an objection from a neighbouring proprietor, but many of the objections relate to legal matters which are not material considerations or have been dealt with by the applicant. Full details of the objections and my considerations are contained in the attached report and it is my recommendation that permission be granted.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

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

170

Reason: To ensure the extension matches the external appearance of the existing building and thereby maintains the visual quality of the area.

3. That before the extension is completed two off street car parking spaces shall be provided within the site.

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

List of Background Papers

Application form and plans registered on 16/3/01 Letter and supporting documents submitted on 16/5/01 Finalised Draft Southern Area Local Plan Letter of objection from Mr Johnston, 20 Armstrong Crescent

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

172 APPLICATION NO. S/O1/00288/FUL

REPORT

1. APPLICATION SITE & PROPOSAL

1.1 The application site is a detached bungalow at 18 Armstrong Crescent, Uddingston, within the housing development on the foriner Caterpillar Site. The site is at the junction of Armstrong Crescent, to the west, and Townhead Place, to the south, with the front garden of a dwellinghouse to the east and a two storey dwelling to the north.

1.2 The applicants propose a single storey extension to the north side of their dwelling between their house and 20 Armstrong Crescent. The extension would coinprise a bedroom and dining room covering an area the full length of the house and the width of the existing driveway. Two off street car parking spaces will be provided by block paving an area in the front garden.

2. OBJECTIONS

2.1 One objection has been received from the neighbour at 20 Armstrong Crescent on the following grounds:

(1) The roof, eaves and guttering of the extension would overhang the objector’s property; (2) The objector will not give permission for the foundations of the extension to extend within their property and that they may damage the existing mono-blocking on the adjacent path; (3) The boundary fence which would have to be removed to facilitate the building of the extension predates the applicants’ house and is wholly within the objector’s property and (4) The extension will make maintenance of the side of the objector’s house and cleaning of an upstairs window difficult.

2.2 My comments on these objections are as follows:

(1) The issue of eavesdrop is a legal and not a planning matter and whilst I would normally advise that eavesdrop is avoided, in this case the applicant would appear to be entitled to eavesdrop through their title deeds and the issue is therefore not strictly a material consideration. (2) The location of the foundations is similarly a legal matter although the applicant intends to use a type of foundation which would be wholly within his feu. The issue of potential damage to the objector’s paving is again a legal matter between the objector and applicant. (3) There would appear to be a boundary dispute over the location of the fence, with the objector claiming the fence to be wholly within his feu while this is not reflected in the applicants’ title deeds. As with the two previous grounds of objection, this is not a planning matter. (4) The objector has and will continue to have, within his own property, a metre wide footpath along the side of his house to allow maintenance and the cleaning of his upstairs window.

3. PLANNING CONSIDERATIONS AND CONCLUSION

3.1 In assessing this proposal, the factors to be taken account relate to the suitability of the extension for its location and the potential effects it may have 011 the amenity of the surrounding area.

3.2 Initially it should be pointed out that the extension is only marginally over the permitted development limits. If it was slightly reduced in terms of its size and with a different roof

173 design, an extension with exactly tlie same effects, in terms of tlie objector’s coiiceriis, could be erected without permission being required.

3.3 The size and design of the extension is acceptable, indeed an extension erected through the use of permitted development rights could be less acceptable in design terms. The applicants will also be providing tlie required number of off street parking places. The extension would not be out of keeping with the character and style of other houses in the area and will have little discernible impact on tlie amenity of the area. The objector’s concerns, while real and understandable, are strictly legal matters relating to boundaries and ownership or, in the case of tlie maintenance of his own building, would appear not to be diminished, unless lie is claiming a right of access to his neighbour’s driveway which is again a legal matter.

3.4 It is my conclusion that there are no substantive planning issues raised by the objector and, as tlie extension is acceptable in design terms, it is my recommendation that planiiiiig perinission be granted for this proposal.

174 Application No. S/O 1/003 12/OUT Date registered 21 March 2001 APPLICANT MR ALLAN KEACHIE, 40 BELHAVEN TERRACE, WISHAW ML2 IAY Agent Sludden Design, Inchwood Farm, Kilsyth Road, Milton of Campsie G66 8AL DEVELOPMENT ERECTION OF DWELLINGHOUSE LOCATION 40 BELHAVEN TERRACE, WISHAW

Ward No. 7 Grid Reference 279369-655 169

File Reference S/PL/B/lO/31(266)/JL/AH

Site History No site history

Development Plan Residential on Southern Area Local Plan - Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection West of Scotland Water, Transco, Scottish Power Conditions The Coal Authority No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The applicant seeks outline planning consent for the erection of a dwellinghouse within the rear garden of 40 Belliaven Terrace: Wishaw. The plot measures approximately 23.5 metres x 24 metres amounting to some 576 in2 with it’s own private access thereto via a 4 metre x 22 metre driveway, off Belhaven Terrace. There were no representations as a result of the neighbour notification procedure, nor was there any objection from consultees, albeit that The Coal Authority indicated that there is shallow mine workings within the area. The application site is considered to be backland development and does not, in my view compliment the existing streetscene in this location. Further details may be found in the accompanying report. I consider the application to be unacceptable and hereby recommend that planning consent is refused.

RECOMMENDATION

Refuse, on the following grounds:-

175 ProducedDapinrnant by of Planning and Environrnmt Planning Application No. S/01/00312/OUT M3Swhm BrandonDivisrn Street Erection of Dwellinghouse MOTHERWELL MLI 1RS Telephone 01698 102100 Fat 01896 302101 40 Belhaven Terrace, ~ishL76 os LIsencc LA 06041L 1. That the dwellinghouse would be an inappropriate form of backland development to the detriment of the character and residential amenities of the area.

2. That the erection of a dwelling on land at the rear of existing dwellings without adequate road frontage is considered unsatisfactory and inay lead to further proposals which would have an adverse effect on the character and residential amenities of the area.

List of Background Papers

Application form and plans dated 21/3/01 Southern Area Local Plan - Finalised Draft Letter dated 6/4/0 1 from West of Scotland Water Letter dated 4/4/01 from Transco Letter dated 4/4/0 1 from The Coal Authority Letter dated 17/4/01 from Scottish Power

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lennon.

177 REPORT

APPLICATION NO. S/O 1/003 12/OUT

1. SITE AND PROPOSAL

1.1 The applicant seeks outline planning consent for the erection of a dwellinghouse within the rear garden of his property at 40 Belhaven Terrace, Wisliaw.

1.2 The site is located in a residential area and is bounded by residential properties on its northern, southern and eastern side and by a public car park and small link road to the north, linking the public car park to Quarry Street. It should be noted that the site sits considerably higher up than the car park area to the immediate north of the site, but lower than the road which it is accessed from.

1.3 The proposed dwelling will be accessed via the existing 4 m x 22 m driveway access taken off Belhaven Terrace. A new access is proposed at the opposite side of the existing dwellinghouse for the existing dwelling.

1.4 The applicant’s indicative layout shows a new dwelling situated 18 metres away from the existing 1 %-2 storey dwelling, situated centrally on the plot which measures 24 metres x 23.5 metres. The indicative house itself measures some 12.5 metres x 7 metres. While the proposal meets the Council’s adopted ‘open space’ standards and distance between dwellings, the proposal does involve backland development which in principle is discouraged.

2. CONSULATIONS

2.1 Neither West of Scotland Water, Traasco nor Scottish Power had any objections to the proposal.

2.2 The Coal Authority have intimated that the site is within the likely zone of influence of shallow workings, therefore appropriate technical advice should be sought.

3. CONCLUSIONS

3.1 Whilst it is accepted that the proposed house plot could very well meet the criteria as set out in the Council’s adopted policy for ‘space around dwellings’, it is considered to be an inappropriate form of development at this location given the adverse impact of the proposal on the residential character and amenity of the area. I ain also concerned that this development, if allowed, would set an undesirable precedent for further development in the immediate area the cumulative effect of which would have a severe adverse impact on the residential character of the area.

3.2 Although there have been two other outline consents granted in the past for single dwellings within rear garden areas in Belhaven Terrace, it is considered, in this particular instance, that the rear garden area is not capable of accommodating a dwelling whilst retaining the traditional streetscene associated with Belhaven Terrace. In conclusion, I hereby recommend that planning consent be refused.

178 Application No. S/O 1/0034 UFUL Date registered 26th April 200 1 APPLICANT ORANGE PCS LTD Agent Jaines Barr, 226 West George Street, Glasgow G2 2LN DEVELOPMENT INSTALLATION OF TWO MICROWAVE DISHES ON EXISTING TELECOMMUNICATIONS MAST LOCATION SMURFIT CORRUGATED (SCOTLAND) LTD OLD EDINBURGH ROAD, UDDINGSTON G7 1 6PQ

Ward No. 22 Grid Reference 270039-66 1578

File Reference S/PL/B/9/78(2 1 )/SP/LG

Site History S/98/0 1668/FUL - Construction of new boundary wall / fence. Granted 08/01/99

Development Plan Uddiiigston - Tannochside Town Map 1973 - Industry Southern Area Local Plan Finalised Draft 1998 - Established Industrial Area

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Radiocominuiiicatioiis Ageiicy Conditions No Reply

REPRESENTATIONS

Neighbours One letter Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning permission for the installation of two 6OO1nm microwave dishes on an existing roof top telecoininuiiications mast and ancillary equipment at Smurfit, Old Edinburgh Road, Tannochside, Uddiiigstoii. The proposal represents an up grading of the existing equipment and is part of a programme by the operator to improve the level of coverage while minimising the need for additional masts. One letter of objection has been received which relates to the visual amenity of the proposal. On balance, the land use and suitability of the site for such a development is considered acceptable and it is recoininended that plaiiiiiiig permission be granted.

179

RECOMMENATION

Grant, subject to the Following Conditions:-

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

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

List of Background Papers

Application Form and Plans dated 27/03/01 Letters from James Barr Consultaiits (agent) dated 27/03/0 1 and 23/04/0 1 Uddingston-Tannochside Town Map 1973 Southern Area Local Plan Finalised Draft 1998 Letter from Radiocommunications Agency dated 08/05/0 1 Letter from Viewpark Parish Church dated 08/05/01

Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Shirley Penman.

181 APPLICATION NUMBER SI0 110034 1/FUL

REPORT

I. SITE AND PROPOSAL

1.1 The application site lies within Sinurfit Corrugated Limited’s complex which is bounded to the north by Old Edinburgh Road and to the west by Holmbrae Road, Tannochside, Uddingston. The residential development in Woodhead Crescent lies to the east and south.

1.2 The proposal represents an upgrading of the existing equipment and involves tlie installation of two 600inm microwave dishes on top of tlie existing mast and the replacement of ancillary equipment cabins at roof level. It should be noted that the mast currently supports two dishes, one of which was erected under permitted development rights. The current proposal would result in a total of 3 dishes on the existing mast.

2. DEVELOPMENT PLAN

2.1 The site lies within an area zoned for Industrial Use in the Uddingston-Tannochside Town Map 1973 and the Southern Area Local Plan Finalised Draft 1998. The proposal is compatible with the developinent plan which covers tile area.

3. CONSULTATIONS

3.1 The Radiocommunications Agency has no objections to tlie proposal.

4. REPRESENTATIONS AND OBJECTIONS

4.1 Neighbour notification was undertaken by the applicant. As a result of this process one letter of objection has been received froin Kirk Session, Viewpark Parish Church. The Kirk Session objects on the grounds that the telecommunications mast is visible froin their manse at 14 Holmbrae Road, Uddingston and that such an unsightly outlook represents a loss of residential amenity in relation to their property.

5. PLANNING ASSESMENT AND CONCLUSIONS

5.1 The principle of telecoinmunication equipment at this location has already been established by the existing mast, microwave dishes and sector antennae. This application represents an upgrading of the existing equipment with the main visual difference on the mast being 3 microwave dishes rather than the two dishes which are located there at present. Consequently, the level of visual amenity currently experienced by tlie objectors is not considered to be significantly affected by the additional microwave dish.

5.2 The applicant has stated that the upgrading of this equipment negates the need for additional infrastructure which will, in turn, reduce the proliferation of masts.

5.3 On balance, it is recommended that planning permission be granted.

182 Application No. 01/00367/FUL Date registered 30th March 200 1 APPLICANT TAYLOR HOMES, UNIT 3: WOODHALL ROAD, CAMBUSNETHAN ML2 SPY Agent DEVELOPMENT CONSTRUCTION OF 8 FLATTED DWELLINGS LOCATION LAND EAST OF 15 MANSE ROAD, NEWMAINS

Ward No. 16 Grid Reference 282298655999

File Reference SIPLIB13171 /JL/LG

Site History No significant site history

Development Plan Residential and Established Community Facilities on Southern Area Local Plan - Finalised Draft

Contrary to Development Plan NO

CONSULTATIONS

Objection No Objection Transco, West of Scotland Water Conditions The Coal Authority No Reply Scottish Power

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning consent for the construction of eight flatted dwellings and associated works at land east of 15 Manse Road, Newmains. Part of the application site was the former public toilets which were recently disposed of to the applicants, as the site would not have been suitable for redevelopment by itself. The remainder of the site was a bungalow which was demolished a number of years ago. The flats are to be accessed via the existing, substandard, access serving the ‘Fourways’ public house. This access is only used for delivery vehicles at the public house and will be upgraded to accommodate the increased traffic. All dwellings will be accessed from the rear, with no pedestrian access at the front of the dwellings. No objections were received either as a result of the neighbour notification procedure or the statutory consultation process. Although the flats do not meet the Council’s requirements in terms of open space, I am of the view that it is a village centre location and, as such, does not require to comply with the standards in this particular case, I hereby recommend that planning consent be granted.

183 Produced by ~~psnmenlof Planning and Ennronmenl Sovmorn Division Planning Application No. S/01/00367/FUL 303 Brandon Slrcr! MOTHERWELL Construction of Eight Flatted Dwellings MLl 1RS Tslephonr 01698302100 Fax G1698 302101 A Land East of I5 Manse Roa1,#4wrnains, Wishaw 1:125D OS L~cenceLA 09041L RECOMMENDATION

Grant, subject to the following conditioiis

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

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

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

3. That before any of the 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 2 above, shall be erected.

Reason: To ensure the provision of suitable boundary treatment.

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

Reason: To enable the Planiiing Authority to consider these aspects iii detail

5. That before the development hereby perinitted is completed, 1 1 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

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

6. That before the development hereby permitted is completed, all tlie parking and manoeuvring areas shown on the approved plans, shall be level led, 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 a visibility splay of 2.5 x 65 metres to the right and 2.5 x 120 metres to the left. measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, everything exceeding 1.05 metres in height above tlie 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 adequate sightlines.

8. That the tree, immediately adjacent to the existing/proposed access to the site, shall be removed from the sightline area.

Reason: To improve sightlines at this location.

9. That access to tlie site shall be via a 5.5 metre wide footway crossiiig arrangement leading to a 5.5 metre wide road.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities,

10. That, notwithstanding tlie provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SISG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based 011 a professionally supervised and regulated rotary drilling programme.

Reason: To ensure the mineral stability of the proposed site in the interests of prospective occupiers (Note: A copy of the required Certificate is available from the Divisional Office).

11. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including detai Is of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and developinent shall not be coinmenced until these works have been completed.

Reason: To ensure that the site is free of contamination,

186 List of Background Papers

Application Form and Plans dated 30th March 200 1 Letter and amended plans received 10th May 200 1 Southern Area Local Plan - Finalised Draft Letter dated 13th April 2001 from Traiisco Letter dated 20th April 2001 from West of Scotland Water Letter dated 19th April 2001 from The Coal Authority

Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Jim Lennon.

187 Application No. S/O1/00372/FUL Date registered 217d April 200 1 APPLICANT KARTAR SINGH BARHAYA, 12 SPRINGJELL AVENUE, POLLOKSHIELDS, GLASGOW G414EW Agent DEVELOPMENT RESTAURANT WITH ANCILLARY HOT FOOD TAKE AWAY LOCATION 257 MAIN STREET, WISHAW ML2 7NE

Ward No. 7 Grid Reference 279347-655305

File Reference S/PL/B/10/31 (267)iWLSILG

Site History Planning Application for Hot Food Takeaway refused, February 200 1

Development Plan Commercial (Burgh of Motherwell & Wishaw Development Plan) Secondary Commercial Area (Finalised Draft Southern Area Local Plan)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Police Conditions No Reply

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement No Response

COMMENTS This application is for the change of use of a shop in Main Street, Wishaw to a Restaurant with Ancillary Hot Food Take Away. Planning permission was refused for a hot food take away in February this year, on traffic and amenity grounds.

The current proposal contains an area of the restaurant to be used for ‘seated’ customers, in addition to the take away element. Nevertheless, significant concerns remain in relation to the traffic implications of the proposal, given that the shop is located close to a road junction and traffic lights on a busy through road.

One objection was received from a neighbouring resident, and the local elected member has indicated that he fully supports the application.

Further details, and an assessment of the merits of the proposal, are contained in the accompanying report. The Committee should note,

188 Produced by Planning Application No. WO1/00372/FUL LANARKSHIRE Dsppnmrnt01 Planning and Environment SoYmern Divisi~n Restaurant with Ancillary Hot Food Take Away 303 Erandon Slrrsl MOTHERWELL 257 Main Street, Wishaw MLl tRS Repiodursd horn the Ordnance Survey mappng with A Ihe psrmmslon 01 Uv Confrotierof her Majrsry s Telephone 01696 302100 Fax 01690 302101 1:1250 StauOc4~OIBSe 0 crown COPYllQhl Location of Objector Umulhomcd reproduston infmges Cmm wpyliphl os Llceose lA09041L fr 189 and may lead to pIOseWIl0n or LNil proUedlnps however, that the applicant has requested that the Committee visits the site before taking a decision on the application.

RECOMMENDATION

Refuse for the reason that the proposed restaurant / take away would result in an increase in on-street parking, in the vicinity of a traffic signal controlled junction on a distributor road, to the detriment of road safety and efficient traffic flow.

List of Background Papers

Application Form and Plans Burgh of Motherwell and Wishaw Development Plan Finalised Draft Southern Area Local Plan Memo dated 12/04/01 from Area Manager (South East) Protective Services Memo dated 18/04/0 1 from Area Manager (Central) Protective Services Memo dated 26/04/0 1 from Transportation Team Manager Letter dated 02/04/01 from Mr T. Tonner E-mail dated 02/05/0 1 Letter dated 27/04/0 1 from Kartar Sing11 Barhaya Letter dated 14/05/0 1 froin Strathclyde Police

Any person wishing to inspect the above background papers should telephone Motherwell 302088 and ask for Les Stevenson.

190 APPLICATION NUMBER S/O 1/00372/FUL

REPORT

1. PROPOSAL AND SITE

1.1 This application seeks permission for the change of use of a shop (currently a hairdressers) to a restaurant with ancillary take away. The proposed restaurant would operate from 8ain until midnight, and would employ 2 people (the applicant and his wife). Plans submitted as part of the planning application show a seating area for up to 14 diners at four tables in an area of approximately 16 square metres at the front of the premises. A take away servery is also proposed, and the plans show a flue to be erected on the rear of the building.

1.2 The property is located on the ground floor of a three storey tenement building in Wishaw town centre, with residential properties on the upper floors. Ground floor uses in the area compromise a mix of commercial uses, including other hot food take aways on the same side of the road and a bar / restaurant / disco immediately opposite.

1.3 The shop is situated close to the junction of Main Street and Dryburgh Road, at a set of traffic lights. A previous planning application for a hot food take away was refused by the Planning and Environment Committee in February of this year on the grounds of traffic safety and the potential adverse impact on the amenity of nearby residents. It is understood that the applicant considers that the change to a restaurant with ancillary take away will remove or reduce concerns over traffic, as restaurant ‘sit-in’ customers stay longer.

1.4 The applicant has commented, in discussions with the department, on the number of vacant shops in the area, suggesting that changes of use (as proposed by him) are required. He has also commented on the recently approved restaurant, in the former lounge bar opposite his premises. He further considers that the pedestrian guard-rail outside the premises is sufficient to discourage on-street parking. I will comment on these points in section 4 of this report.

2. CONSULTATIONS AND OBJECTION RECEIVED

2.1 Internal consultations with other functions of the Planning and Environment Department indicate no particular concerns from the Protective Services Division, but continuing opposition from the Transportation Team Manager on the basis that the proposal would generate on-street parking and u-turn manoeuvres at a light controlled junction, to the detriment of road safety and efficient traffic flow.

2.2 Strathclyde Police had no objections to the proposal.

2.3 Following neighbour notification and press advertisement, one letter of objection was received, from the occupier of a flat in the adjoining building. The objector referred to five fast food outlets and restaurants in the area, and the resultant deterioration of the back court with blocked drains, vermin and parked cars.

2.4 Councillor Love, the local member, has indicated that he fully supports the application, notiiig that there is adequate car parking to the rear of the premises, monitored by CCTV.

191 3. OBSERVATIONS ON OBJECTION

3.1 The objection received from the local resident may reflect his genuine concerns over the possible effects of the proposal, but the current problems experienced in his back court cannot be associated with this proposal. Neither is their any evidence to suggest that this application would worsen these matters; indeed, I consider it more likely that customers will park on the street rather than use a pend access to a back court not directly linked to the premises. However, the objector is correct in noting the number of other hot food establishments in the area, as the culmative effect of such uses can be a valid planning consideration.

4. PLANNING CONSIDERATIONS

4.1 The principal consideration in determining a planning application is the Development Plan for the area, in this case the Finalised Draft Southern Area Local Plan which, although not adopted, is a much more recent policy document than the approved Development Plan. The site lies within a Secondary Commercial Area on the Local Plan, and such areas are noted as preferred locations for uses like hot food take aways (Policy RTL 1 l), subject to certain criteria, including the impact on the character and amenity of adjoining properties, the resulting mix of retail and non-retail uses and the proposal’s impact on pedestrian safety and traffic circulation,

4.2 In this case, although there has been an objection on amenity grounds from a nearby resident, these fears are not supported by the Council’s Protective Services Division. I therefore conclude that, if appropriate ventilation systems were installed, local amenity would not be adversely affected.

4.3 The resultant mix of uses in the area is also a matter which requires careful consideration. This part of Main Street has experienced trading difficulties over a number of years, and there are a number of vacant premises; there are also a number of other hot food shops. However, given its ‘non-prime’ location, I do not consider that, at present, there is an inappropriate concentration of hot food premises.

4.4 The issue of the effect the proposed may have on traffic is an important consideration. The premises’ location at a traffic light junction, on a busy through road where on-street parking (often associated with other businesses in the area) takes place has led to concerns being expressed by the Transportation Team Manager that further parking and u-turn manoeuvres could result, to the detriment of road safety. There are public car parks in the area, as noted by Councillor Love, but the closest would still require a walk of 60 metres; cars visiting hot food take aways generally park as close to the premises as possible, due to the short term nature of the visit. I therefore agree that on-street parking would be increased if this proposal was approved, and that public safety could be compromised.

4.5 With regard to the applicant’s comments noted in paragraph 1.4, I agree that there is a higher than average vacancy rate in this part of Main Street, and that appropriate changes of use can help bring these premises back into occupation. However, that should not be taken to imply that any use should be permitted and other considerations (such as traffic sqfety) inust be taken into account, and it should be noted that the application site is curreiitly occupied. The restaurant opposite was proposed primarily as a ‘sit-in’ restaurant, and had previously been used as a bar; the current proposal’s level of space for ‘sit-in‘ customers is extremely limited, and I consider that its primary function will be as a take away; as such, comparisons with the proposal across the road are limited. Another take away on the other side of the road was refused permission in

192 1996. I also consider that, while the pedestrian guard-rail is a disincentive to on-street parking, it will not prevent it, as there are gaps at various points to permit access, the nearest being 20 metres from the premises.

5. CONCLUSIONS

5.1 This proposal is similar in nature to that which was refused earlier this year, although it contains more space for seated customers. However, that space (four tables, in 16 square metres) is very limited, and the premises would be most likely to function primarily as a take away. As such uses often generate a significant level of car-borne traffic, and given the premises’ location at traffic lights, I do not consider the proposal to be acceptable in road safety terms. I therefore recommend that permission be refused.

5.2 The applicant has requested that the Committee visits the site before taking a decision on the application.

193 Application No. S/O1/00374/OUT Date registered 3 0 March 200 1 APPLICANT DEPARTMENT OF HOUSING & PROPERTY SERVICES, FLEMING HOUSE, CUMBERNAULD G67 1JW Agent DEVELOPMENT RESIDENTIAL DEVELOPMENT (IN OUTLINE) LOCATION LAND SOUTH OF 52 DIMSDALE ROAD, WISHAW

Ward No. 8 Grid Reference 280098 654232

File Reference SIPLIBII 0/7(60)/AMIAH

Site History None relevant

Development Plan Existing Housing and part Green Belt - Southern Area Local Plan Finalised Draft

Contrary to Development Plan Yes (Part)

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 1 letter of representation Newspaper Advertisement No Response

COMMENTS This small site is currently vacant and untidy. A shop used to occupy the northern corner of the site facing Dimsdale Road. After falling into disrepair the shop was demolished. The site is generally unkempt and untidy. The intention is to market the site for private residential development and this application seeks outline planning consent prior to marketing. If permission is granted for this development the Council will require to notify the Scottish Executive.

RECOMMENDATION Grant, subject to the following conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above;

194 Rodwod by Planning Application No. S/O1/00374/0UT Daputment of Ptmning and Enwmmenl LANARKSHIRE Sournam Diviaon Residential Dvelopment (In Outline) 303 Brandon Street MOTHERWEUMLl 1RS Land South of 52 Dimsdale Rpa,eishaw A Telephone 01688 302100 FPX.01698 302101 -L/d Location of Objector OS licence LA 09041L * (f) the design and location of all boundary walls and fences; (8) details of existing trees, shrubs and hedgerows to be retained.

Reason: To enable tlie Plaiining Authority to consider these aspects in detail.

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

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

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

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

4. That no part of the development hereby permitted shall exceed 2 storeys in height and tlie dwellinghouses shall all have traditional double pitched roofs.

Reason: To accord with established dwellinghouse design in the area.

5. That, notwithstanding condition no. 1 above, a thorn hedge shall be planted along tlie whole length of the southern boundary of the site.

Reason: To define the urban edge to the site.

6. That, notwithstanding condition no 1 above, the existing thorn hedges, marked GREEN on the approved plan, shall not be removed without the approval in writing of tlie Plaiining Authority.

Reason: To define the urban edge to the site.

7. That, notwithstanding condition no. 1 above, before any development commences, a 2 metre wide footpath shall be constructed along the Dimsdale Road frontage of the site and between Hospital Road and the northern edge of the application site as indicated BLUE on tlie approved plans.

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

8. That, in the event of an access road being constructed, a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is commenced, everything exceeding 1.05 metres in height above tlie road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.OS metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. 196 Reason: To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit.

NOTE TO COMMITTEE

If granted, this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.

List of Background Papers

Application Form and Plans received 30‘” March 200 1 Southern Area Local Plan Finalised Draft 1998 Memo dated 4/5/01 from Transportation Team Manager Letter dated 11/4/01 from Mr & Mrs Lowe, 39 Beauly Crescent, Wishaw

Any person wishing to inspect the above background papers should telephone Motherwell 3 02093 and ask for Ivlr Maclean.

197 APPLICATION NO. S/O 1/00374/OUT

REPORT

1. PROPOSAL AND SITE

1.1 This site, of approximately 0.35 hectares, is in the ownership of the Council and is located between Dimsdale Road and Hospital Road, Wishaw. A shop was located on the north east corner of the site but this fell into disuse and was subsequently demolished. The northern half of the site, including the site of the shop, is allocated as established housing areas on the Southern Area Local Plan Finalised Draft, whereas the southern half of the site is allocated as Green Belt. The Couiicil wishes to market the site for residential use.

1.2 The site is untidy with builders rubble, scrub vegetation and rough grass. To the north are residential premises at 48-52 Diinsdale Road while to the east and west, across Diinsdale Road and Hospital Street respectively, are residential properties. To the south is a field, belonging to Pather Farm, which is used for grazing animals. There is a distinct boundary between the site and the grazed field.

2. CONSULTATIONS

2.1 None of the service providers have raised any problems with servicing the site.

2.2 The Coal Authority has records of a mine entry on the site towards its northwest corner. Site investigations have been undertaken which has established that most of the site should be suitable for development, and suggested methods of treating the mine entry. These reports can be made available to developers.

2.3 The Conservation and Greening Manager noted the existence of a hawthorn hedge on the eastern boundary of the site aiid also towards its western boundary. These hedges offer a usefd wildlife habitat and provide a visible transition from the developable area to a inore rural landscape and should be retained.

2.4 The Transportation Team Manager recommends that access be taken only from Diinsdale Road as Hospital Road is sub-standard and cannot feasibly be upgraded. Access will require to be taken from Dimsdale Road which only has a footpath along its eastern side. Adequate room exists to provide a footpath on the western side and it would be a requirement to have a footpath constructed between Hospital Road and the northern boundary of the site to bring the road up to standard for a development on the subject site.

3. REPRESENTATIONS

3.1 One letter was received from a neighbour who resides in one of the McLean Homes houses in Beauly Crescent. Their concern is that “any future development would be a private residential developmelit comprising of properties not more than two storeys high with vehicular access from Dimsdale Road”.

4. OBSERVATIONS

4.1 Given that the surrounding residential development is all two storeys in height it would be appropriate to restrict the site to development not exceeding two storeys. Dimsdale Road would appear to be the most appropriate access as Hospital Road is substandard in width aiid could not easily be brought up to standard. A footpath will require to be constructed along its

198 western side between Hospital Road and the northern boundary of the site which will be secured through an appropriate planning condition.

4.2 It is also appropriate to retain the hawthorn hedge to the south of the developable area. Some of this hedge inay require to be removed or reduced in height but I would suggest that such a hedge should be established along the whole length of the southern boundary of the site in keeping with the semi rural nature of the area.

5. LOCAL PLAN POLICIES

5.1 The site is basically divided into two. The northern section is allocated as established housing development with the remainder included as green belt. While there would be no presumption against residential development in this part of the site, the southern section is within the Green Belt and requires to be considered in accordance with Policy ENV 6 Green Belt.

5.2 As stated, the entire site is untidy and gives the appearance of unkempt land. There is also a definite visual and physical boundary between the application site and the land to its south which could be strengthened by planting and landscaping thus providing a more sustainable green belt edge than at present. I therefore consider that this land currently zoned as Green Belt forms part of the urban area as it is already enclosed on three sides by residential properties. To reflect this situation and as part of the inodifications to the Southern Area Local Plan, I am proposing that the boundary between the urban area and the Green Belt at this location be redefined to accord with both the existing site boundary and this current application (see map modification M6.4.08).

6. RECOMMENDATION

6.1 As I have no planning policy objections to this developinent and there are no physical constraints preventing development I therefore recoininend that outline consent be granted for residential development subject to conditions which include planting to strengthen the revised Green Belt boundary in this location.

199 Application No. S/O1/00385/OUT Date registered 9 April 2001 APPLICANT DEPARTMENT OF HOUSING & PROPERTY SERVICES, NORTH LANARKSHIRE COUNCIL, FLEMING HOUSE, TRYST ROAD, CUMBERNAULD G67 1 JW Agent DEVELOPMENT RESIDENTIAL DEVELOPMENT (IN OUTLINE) LOCATION LAND SOUTH OF 7 JERVISTON STREET, NEW STEVENSTON

Ward No. 28 Grid Reference 276212-659681

File Reference SIPL/B/5/22(1 49)/DA/AH

Site History 1. Historically most of this site contained old tenements. 2. In recent years compulsory purchase orders have been promoted for parts of the site.

Development Plan Northern Area Local Plan - Redevelopment and Environmental Improvement Area Southern Area Local Plan, Finalised Draft - Policy HSG8 (Established Housing Area) and Policy L3 (Protected Open Space)

Contrary to Development Plan No

CONSULTATIONS

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

REPRESENTATIONS

Neighbours One letter of objection Newspaper Advertisement Not Required

COMMENTS The Council is seeking to promote a Compulsory Purchase Order for part of this site. This matter is now with tlie Scottish Executive. However, before progressing tlie matter further, the Executive wishes to see an associated plaiiiiiiig permission, hence the current application. Residential development is regarded as tlie most appropriate long term use of tlie site. Any detailed (Reserved Matters) permission would need to follow on from this application. One objection has been received from a notified neighbour. My coininents and observations are detailed in tlie attached report. Notwithstanding that an objection has been made, it is recommended that planning permission be granted.

RECOMMENDATION Grant, subject to the following conditions:-

200 PLANNING APPLICATION NO: S/01/00385/OUT ROducSd by Depmirncntol Planning and Ennronment RESIDENTIAL DEVELOPMENT (IN OUTLINE) AT LANARKSHIRE buutsm Dwtsion 303 Bmdm Street LAND SOUTH OF 7 JERV T STREET, MOTHERWELL ML1 (RS NEW STEVENSTON 26p Reproduced from mt Oldnan- SWCY MPPhg Mh ,:,250i Lrprmlsl~n~fh~Codmlkr~fh~~M~t~~~ Telephone01686302100 Fu 01698 302101 SbllOMW OI~o CIM own unurnorktd npmdu*ion hftln(lrr Crown wvWl os Usance IA 09041L * LOCATION OF OBJECTOR and may lead 10 pmrwnor ctvll piowedl~p 1. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on wliicli the last of the reserved matters are approved, whichever is the later.

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

2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls and fences; (g) the provision of drainage works; (11) the disposal of sewage; (i) details of existing and proposed site levels.

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

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

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

4. That notwithstanding the details required in terms of condition 2 above, the residential development hereby permitted shall front onto Jerviston Street and Quarry Street.

Reason: To ensure the provision of an attractive streetscene.

5. That a 2 metre wide footway sealed to final wearing course level shall be provided along the full frontage of the site before the first of the residences hereby permitted is occupied.

Reason: To ensure the provision of adequate pedestrian facilities.

6. That before the start of construction on any residential development, the two existing footpaths through the site shall, if necessary as a result of the proposed development, be detoured and finished to a sealed final wearing course.

Reason: To ensure the provision of adequate replacement pedestrian facilities through the site.

202 List of Background Papers

Application form and plans, received on 9/4/01 Motherwell District Council Northern Area Local Plan North Lanarkshire Council Southern Area Local Plan, Finalised Draft Letter from Coal Authority, dated 20/4/01 Letter froin West of Scotland Water, dated 25/4/0 1 Letter from Mrs E Willis, 7 Jervistoii Street, New Stevenston, dated 13/4/01

Any person wishing to inspect the above background papers should telephone Motherwell 3 02090 and ask for Mr Ashman.

203 APPLICATION NO. S/01/00385/OUT

REPORT

1. APPLICATION AND SITE

1.1 This application has been made by the Director of Housing and Property Services in respect of a 0.3 1 hectare area of ground at the corner of Jerviston Street and Quarry Street, New Stevenston. The application is in outline and seeks approval, in principle, for residential development of the site. The application has become necessary as the Couiicil is presently attempting to secure a Compulsory Purchase Order for part of the area to enable the land to be collectively marketed for residential development. The matter is currently in the hands of the Scottish Executive although they are not progressing it until there is a relevant planning permission in place for development of the site. Therefore, the Director of Housing and Property Services is not seeking to construct dwellings, merely to secure a permission to allow the Compulsory Purchase Order to be taken forward and, eventually, the site to be marketed. i 1.2 The site presently consists of a mix of a densely planted copse of trees, maintained grassed open space and part of a footpath network. Footways front the site although these are in various states of disrepair and of varying width.

1.3 The surrounding land use is mixed with a sinall business facing part of the western boundary of the site and a railway line to the soutli. However, the main adjacent land use is residential varying from bungalows to the west and a detached villa to the north, to 3 storey flats to the east.

2. CONSULTATIONS

2.1 Consultations were carried out with the Coal Authority, West of Scotland Water and the Council’s Departinent of Community Services.

2.2 The Coal Authority and West of Scotland Water had no objections. The Coininunity Services Department prefer that the site be retained as woodland and open space.

3. OBJECTIONS

3.1 One objection was received from a notified neighbour to the north of the site. She is concerned about possible damage to her boundary planting and the style of residential development which may take place. In particular, she is opposed to the construction of flats as these could overshadow her home and garden and she does not consider flats to be appropriate at this location.

4. DEVELOPMENT PLAN

4.1 The relevant local plan for the site is the Northern Area Local Plan. In this plan the site is identified for redevelopment and environmental improvement. Also of relevance is the later Southern Area Local Plan, Finalised Draft which splits the site into an established housing area and an area of protected open space.

5. COMMENTS AND OBSERVATIONS

5.1 The proposed development accords broadly with the aims of the local plan in that it would help secure redevelopment of this part of New Stevenston. Although the grassed area is well maintained by the Council with regular cutting throughout the growing season, other parts of

204 the site detract from the amenity of the area. The copse has not been subject to continuous woodland maintenance with the result that the site is overgrown and has become a gathering point for litter. The original post and wire fencing protecting the site has also not been maintained and is broken in places. It is also noted that the footpaths are not well maintained with broken bottles in evidence. Indeed some of the steps associated with the footpath are in such a state of decay that they may soon be regarded as dangerous.

5.2 As this site has a built history, and considering that the surrounding area is largely built up with residential development being the main land use, I consider that, in accordance with the local plan, redevelopment of the site for residential purposes is appropriate. The objection from the notified neighbour does not oppose the principle of such redevelopment but rather the format it will take and the potential damage to boundary screening. With respect to the boundary screening, this consists of a wooden fence, which is in poor condition, with approximately 3 metre high conifers to the rear of it. On the basis of my site visit, these conifers seem to be within the objector’s garden ground and there is no reason why anyone outwith her site should remove these.

5.3 The objector has indicated that one or two storey houses would be acceptable to her but not one or more blocks of flats. As the application is in outline there are not any details of the type of development at this stage. It will be for any subsequent developer to determine the type of residence liable to be marketed 011 the site. However: I would comment that I do not consider flats to be inappropriate at this site in view of the existing flats adjacent to the site. They would not necessarily have to be 3 storey in height and careful design should minimise any overshadowing or privacy implications for the adjacent property. This inay be addressed via the preparation of a developmeiit and design brief if the Council eventually manages to market this site. It is also at the reserved matters application stage that the objector’s comment regarding design may be better addressed.

5.4 I note the coininents by the Director of Community Services and although the retention of the woodland may be desirable from a conservation point of view, it occupies such a significant part of the site that it is unlikely it could be retained and the rest of the site remain viable in terms of development potential. Therefore, the whole site either has to be retained in its current state or redeveloped, as indicated by the local plan.

6. CONCLUSION

6.1 Overall, an outline permission for residential development of this site should enable the Compulsory Purchase Order to be progressed and therefore, eventually, assist with the redevelopment and improvement of this site. It is therefore recommended that planning permission be granted.

205 Application No. S/01/00407/FUL Date registered 18th April 2001 APPLICANT SPECDEALS OPTICIANS LTD, 2 1 COURSINGTON ROAD, MOTHERWELL MLl 1PW Agent Geoffrey Reid Associates, 29 Cochrane Street, Glasgow G 1 1HL DEVELOPMENT CHANGE OF USE FROM HOUSE OF MULTIPLE OCCUPATION TO OFFICE LOCATION 25 WILSON STREET, MOTHERWELL

Ward No. 2 Grid Reference 275915 657433

File Reference S/PL/B/ 12/14( 112)/AM/LG

Site History No relevant site history.

Development Plan Southern Area Local Plan Finalised Draft - Established Housing Area

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter of representation and a petition with 55 signatures Newspaper Advertisement

COMMENTS This is an application for change of use from a house of multiple occupation to a commercial office. Although there are other uses in the vicinity including an office and a school, this side of Wilson street is wholly residential and it would be inappropriate to allow non-residential uses in this area. Note: The Local Member has objected to this application.

RECOMMENDATION

Refuse for the Following Reasons:-

1. The proposed development is contrary to Policy HSG 8 of the Southern Area Local Plan Finalised Draft in that the development would have an adverse impact on the amenity of surrounding dwellings.

206

2. The proposed development is contrary to Policy HSG 9 of the Southern Area Local Plan Finalised Draft in that it would lead to the loss of a residential property.

3. The proposed development is contrary to Policy RTL 7 of the Southern Area Local Plan Finalised Draft in that i) the proposals do not serve a particular local need and ii) the proposals are not compatible with adjoining land uses.

4. The existing access to the property is not suitable for commercial use, being within the Wilson Street/Allan Street junction.

List of Background Papers

Application form and plans dated 17th April 2001 - Southern Area Local Plan Finalised Draft One letter dated 18/05/01 from Mr & Mrs Mulholland, 29 Wilson Street, Motherwell Petition with 55 signatures

Any person wishing to inspect the above background papers should telephone Motherwell 302093 and ask for Alistair Maclean.

208 APPLICATION NUMBER S/O 1/00407/FUL

REPORT

1 PROPOSAL AND SITE

1.1 This application is for a change of use from residential to commercial. The property is currently a house of multiple occupation and the proposal is to change it to an office for Specdeals Opticians. The property is a detached house and is part of an attractive frontage of mainly Victorian houses in Wilson Street and Allan Street.

1.2 Wilson Street and Allan Street form a section of the Motherwell Town Centre bypass road, leading from Merry Street to Orbiston Street and Windmillhill Street. Consequently this is a busy street. In addition the property is near the junction of Wilson Street and Allan Street.

1.3 Wilson Street from its junction with Merry Street to its junction with Allan Street has houses along one side which have individual accesses. On the opposite side is Allan Tower which is accessed off Draffen Street. There is an office on Draffen Street belonging to Murdoch Mackenzie Ltd but this is a long established use. None of the houses on Wilson Street or Allan Street have been converted to offices.

2. REPRESENTATIONS

2.1 One letter of objection was received from a neighbouring property. Additionally a petition with 55 signatures was received, all signatures being from houses in Wilson Street. The points raised in the letter and petition are as follows: change character of residential street detrimental effect on the amenity increased traffic and parking closeness to primary school and patrol crossing no indication of nature of commercial activity and whether or not this would involve staff and client parking times of operation

3. LOCAL PLAN POLICIES

3.1 This site is located within an ‘Established Housing Area’ in the Southern Area Local Plan Finalised Draft. Policy HSG 8 seeks to protect the established character of existing housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. Policy HSG 9 seeks to prevent the loss of residential properties by opposing proposals on change of use to non-residential usage. Policy RTL 7 seeks to eiicourage office development to locate within or adjacent to established town centres unless proposals serve a particular local need or are compatible with adjoining land uses.

4. OBSERVATIONS

4.1 There are a number of locations in Motherwell with this type of property where houses have been converted to use as offices. These are generally confined to Hamilton Road and Merry Street with a few examples elsewhere. I have sympathy with many of the points raised in the letter of objection and petition. A development of this type and scale would require seven off-street parking spaces. While no indication has been given that these would be provided

209 the rear garden ground could accoininodate the required number of spaces, however, the location of the existing vehicular access on Wilson Street is not suitable for commercial use, being within the Wilson Street/Allan Street junction.

4.2 This proposal is contrary to policies HSG 8 and HSG 9 of the Local Plan. There are currently no such developments of this nature in this residential street and I feel it would be inappropriate to encourage this type of developinent in this location.

210 Application No. S/O1/0043l/FUL Date registered 23rd April 2001 APPLICANT MURDOCH MACKENZIE CONSTRUCTION LTD DRAFFEN STREET, MOTHERWELL ML1 1NL Agent Allan McEwan Architects, 2 14 Bath Street, Glasgow G2 4HR DEVELOPMENT RESIDENTIAL DEVELOPMENT OF 8 FLATS LOCATION OAKFIELD DRIVE, MOTHERWELL

Ward No. I1 Grid Reference 275497 656658

File Reference SIPLIB/ 12/24/AM/LG

Site History S/96/00459/FUL - Consent granted for extension to offices at 364 Brandon Street, Motherwell

Development Plan Southern Area Local Plan Finalised Draft- Secondary Retail Area

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Traiisco, West of Scotland Water, The Coal Authority Conditions No Reply Scottish Power

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement Not Required

COMMENTS This application is for the residential development of a small site at Oakfield Drive, Motherwell, to the rear of commercial properties on Brandon Street. The proposal is for a single, two-storey block, comprising 8 flats, each with two bedrooms. Parking will be provided in a rear parking court which is shared with the coininercial premises. I recoinmeiid that permission be granted, with conditions.

RECOMMENDATION

Approve Subject to the Following Conditions:-

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

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

21 1 Planning Application No. S/01/00431/FUL Residential Dvelopment (Flatted) Comprising Eight Units Plus Ancillary Parking 6 Land West of 362-388 Bra don Street, Oakfield Drive, Motherwell2 12 1 2. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

3. That before the development hereby permitted starts, a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted, shall be submitted to, and approved in writing by the Planning Authority, including any inodifications as may be required.

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

4. That within one year of the occupation of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 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 the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure proper implementation of the landscaping scheme.

5. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Plaiining Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed parking areas hatched ORANGE on the approved plans; (b) the proposed landscaped areas hatched GREEN on the approved plans.

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

6. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 above shall be in operation.

Reason: To ensure proper maintenance of the area.

7. That before the development hereby permitted is completed, a 2 metre wide footway shall be constructed within the area hatched BROWN on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of pedestrian safety

213 8. That the car parking spaces shown on the approved plan shall each be 2.5 metres wide by 5 metres in length.

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

List of Background Papers

Application Form and Plans dated 23rd April 2001 Southern Area Local Plan Finalised Draft - Secondary Commercial Area Letter dated 3rd May 200 1 froin The Coal Authority Letter dated 3rd May 2001 from West of Scotland Water Letter dated 1st May 200 1 froin Transco

Any person wishing to inspect the above background papers should telephone Motlierwell 302093 and ask for Alistair MacLean.

214 APPLICATION NUMBER S/01/0043 l/FUL

REPORT

1. PROPOSAL AND SITE

1.1 The proposal is to develop the site for a single, two-storey building comprising 8 flats each with two bedrooms, lounge, kitchen and bathroom. The site is relatively small but can accominodate the development with the requisite number of parking spaces. Very little garden ground is proposed but I feel it appropriate to relax the standards in this location, close to Motherwell Town Centre.

1.2 The site lies to the rear of commercial premises at 362-388 Brandon Street. At present the subject site is untidy and strewn with weeds. Immediately to the rear of the premises 011 Brandon Street is a rear service court with a number of parking spaces. This area is tidy and paved. There is a public car parking off Oakfield Drive. The proposed development would share an access with the existing service court.

1.3 The site lies within an area allocated as village, neighbourhood and secondary commercial areas on the Southern Area Local Plan Finalised Draft. The proposed development is appropriate to this policy.

2. CONCLUSION

2.1 The proposal, if granted, would develop a small, vacant site near the centre of Motherwell. The development is appropriate in terms of use and scale. I recommend that the application be granted, subject to conditions.

215 Application No. S/01/00445/FUL Date registered 23rdApril 2001 APPLICANT PHEW (SCOTLAND) LTD., BUCHANAN HOUSE, BUCHANAN STREET, COATBRIDGE ML5 1BA Agent GCA Architects Ltd., Kelvin House, 87 Calder Street, Coatbridge ML5 4EY DEVELOPMENT REMOVAL OF LANDSCAPED AREA AND ERECTION OF 1 AND 2 STOREY RESPITE CARE CENTRE AND ASSOCIATED WORKS LOCATION LAND EAST OF 29, HOPE STREET, MOTHERWELL

Ward No. 2 Grid Reference 275151 657304

File Reference S/PL/B/13/3/WLSiLG

Site History Site currently landscaped. Outline planning permission granted August 1998 for office and residential development on this and adjacent site.

Development Plan Residential (Burgh of Motherwell & Wishaw Development Plan) Office Development Opportunity (Southern Area Local Plan Finalised Draft)

Contrary to Development Plan Yes'

CONSULTATIONS

Objection No Objection The Coal Authority, West of Scotland Water Conditions Community Services No Reply

REPRESENTATIONS

Neighbours Two objections received Newspaper Advertisement

COMMENTS This application is for the erection of a Respite Care Centre on a landscaped area, adjacent to Aquatec, at Hope Street, Motherwell. The proposed building would provide accommodation for six children and eight adults, with recreational facilities, plus a carer's centre. The building would be mainly single storey, with a two storey element at the car park. Parking for 16 vehicles would be provided, with access off the Aquatec entrance road.

The site was part of a larger site (with the adjoining Motherwell Times property) which was granted outline permission for office and residential development in 1998. The owners of the Motherwell Times site have objected to this proposal, noting (amongst other things) that the future development of their property would be adversely affected as a

216 Planning Application No. S/01/00445/FUL DLpsttrnintProauced byor Plnnlng and Eovronment Renewal Landscaped Area and Erection of LANARKSHIRE Souhcm Mvida of 303 0mdm Skeet MOTHERWELL 1 and 2 Storey Respite Care Centr a d ssociated Works MLl1RS Land East of 29 Hope Street, MothBlf RepIMUCed llom the Ordnsnn Sway mappng wllh Ihc pmmon 01 de Conlrol1.r *I her MuinV3 Tdlphono 01698 302100 Fa* 01698 302101 A 1:1250 StaUonaly Olnci mcrown Copyrbhl UnlYlhwuad rcpmdudbn inlnyllr Clown soWnphl 0s UCensc LA 090411 Location of Objectors and may tmto p~~cuuonorw~ pmceeamgs result of the proposal. Further details of the proposal, and objections received, are contained in the accompanying report.

RECOMMENDATION

Grant, subject to the Following Conditions:-

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

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

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

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

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

5. That within one year of the occupation of the building hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the provision of satisfactory landscaping.

218 (a) the proposed footpaths shaded BLUE on the approved plans; (b) the proposed parking areas hatched BLUE on the approved plans; (c) the proposed external lighting provided for the area(s) hatched BLUE on the approved plans; (d) the proposed grassed, planted and landscaped areas hatched GREEN on the approved plans; (e) the proposed fences to be erected along the boundaries marked BROWN on the approved plans.

Reason: To ensure the satisfactory future maintenance of landscaped and common areas.

7. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 6 above shall be in operation.

Reason: To ensure the satisfactory future maintenance of landscaped and common areas.

8. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

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

9. 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 adequate parking facilities within the site.

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

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the respite care centre.

11. That before the development hereby permitted is completed, a 2.5 metre wide footway shall be constructed within the area hatched PURPLE on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: To ensure the provision of satisfactory pedestrian facilities along Hope Street.

12. That, before the development hereby permitted is completed, the roundabout Advance Direction Sign shall be relocated (to a position agreed in advance with the Roads Authority) and the pedestrian guardrail shall be extended to the location of the crossing point at the access to the Aquatec car park.

Reason: In the interests of pedestrian and vehicular safety.

NOTES TO COMMITTEE

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

List of Background Papers

Application Form and Plans Fax dated 09/05/01 from GCA Architects Letter dated 17/05/0 1 from GCA Architects Letter dated 24/05/0 1 from GCA Architects Fax dated 25/05/0 1 fiom GCA Architects I Burgh of Motherwell and Wishaw Development Plan Southern Area Local Plan Finalised Draft Memo dated 0 1/05/0 1 from the Area Manager (SW) Protective Services Letter dated 03/05/0 1 from The Coal Authority Memo dated 15/05/0 1 from Transportation Team Manager Letter dated 24/04/0 1 from Hypostyle Architects Letter dated 03/05/01 from J. Boothman Letter dated 02/05/01 from West of Scotland Water Memo dated 29/05/01 from Community Services Letter dated 3 1/05/0 1 from Hypostyle Architects

Any person wishing to inspect the above background papers should telephone Motherwell 302088 and ask for Les Stevenson.

220 APPLICATION NUMBER S/O 1/00445/FUL

REPORT

1. PROPOSAL AND SITE

1.1 This application seeks planning permission for a Respite Care Centre on a site at Hope Street, Motherwell. The applicants, PHEW (Scotland) Ltd, provide respite care for people with profound learning disabilities, and currently operate two centres providing care for 11 people; this proposal would provide accommodation for six children and eight adults, together with a carer’s centre to provide information for carers and meeting space for Carers’ Groups. The building will also contain various leisure and recreational facilities for the residents, including outdoor and indoor seating and play areas, a hydrotherapy room and a gymnasium. The existing footpath link from Hope Street to Kirk Street would be retained, but the footway along Hope Street frontage would have to be realigned ,

1.2 The proposed building would be wedge-shaped, developed around a central gardedcourt yard. Most of the building would be single-storey, but there would be a two-storey element at the car park. Access to the car park, which would provide space for 16 vehicles, would be from the access road to Aquatec. The building would be primarily finished in brick, with some pebble-dash, and coloured metal roofing materials would be used.

1.3 The site is located at Hope Street, part of the Motherwell town centre ‘ring-road’, and is between Aquatec and the Motherwell Times offices. The land is currently landscaped, in the form of grassed mounded ‘pyramids’. The site is zoned as an office development opportunity site on the Finalised Draft Southern Area Local Plan.

2. BACKGROUND

2.1 Two particular pieces of background information are of relevance to this proposal. In 1998, Johnston (Falkirk) Ltd applied for outline planning permission for an office and residential development on a site which comprised the current application site (owned by the Council) and their own (Motherwell Times) property. Permission was granted in August 1998, but there was no formal arrangement or agreement between the two land owners (the Council and Johnston (Falkirk) Ltd) on the future of the site.

2.2 In August, 2000, Social Work Committee considered a report by the Director of Social Work on the Development of Respite Care Services, and agreed in principle to explore the viability of donating the site for the purpose of building a new respite and carers’ centre to be managed by PHEW. Formal heads of terms have been agreed between PHEW (Scotland) Ltd and the CounciI, and the Policy and Resources (Property) Sub committee agreed to lease the ground.

3. CONSULTATIONS AND OBJECTIONS RECEIVED

3.1 The Coal Authority and West of Scotland Water had no objections to the proposal, and Community Services made suggestions regarding landscaping.

3.2 The application was the subject of the normal neighbour notification procedure, and was advertised in the local press as Development Contrary to the Development Plan, and two objections were received. One was from a resident of Kirk Street, who is opposed to the development on the grounds that the site is one of the few green, fresh and well

22 1 maintained entrances to the town; he also commented on the poor condition of the Motherwell Times property, and asked if there were any proposals for that site.

3.3 The second objection was from the owners of the Motherwell Times site, who suggested that the proposed use was an unsuitable neighbour as their site previously housed noisy printing machinery and still retained the use rights to do so again. They also commented on the previous proposals involving the two pieces of ground, which provided alternative access to their site, and on the fact that the design brief for the PEWsite was to include a requirement for such access; the current proposals will make their site unsuitable for development, They further note that the site is contrary to the Development Plan.

4. OBSERVATIONS

4.1 The objection of the local resident raises points which can be taken into account (i.e the loss of open space and the effect on the area’s visual amenity), but these must be considered in light of other factors. In particular, the land is zoned on the Finalised Draft Local Plan as a site for an office development, while outline consent has been granted for an officehesidential proposal. The Council has therefore, in the draft plan and by its decision on the previous application, taken the view that the loss of this area of landscaping would not adversely affect the area. Accordingly, I do not consider that the objector’s comments can be used as a basis to substantiate a refusal for this proposal.

4.2 The objections by the neighbouring land owner cover two main issues, namely unsuitability of a print-works building (their property) as a neighbour for a respite care centre, and the prospect of their site becoming landlocked as a result of this proposal. With regard to the first point, the facts that their premises have been unused as a print- works for some time and were recently seriously damaged by fire must be recognised, and as there are other residential uses in the area I do not consider that the respite care centre would be adversely affected should an industrial type use re-commence on the site.

4.3 In respect of the possibility of the Motherwell Times site becoming landlocked, it should be noted that Scottish Executive Guidance considers that the relationship of a proposed development to its surroundings, the planning history of the site and legitimate public concerns can all be valid planning considerations. It is therefore necessary to take the concerns of the landowners into account when reaching a decision on this proposal. Their view is that, without an alternative access to their site, their land’s development potential is severely restricted, if not made wholly undevelopable. At present their access is by means of a narrow entrance from Hope Street, which does not meet the Council’s current standards; it is also the Council’s general policy to try to prevent further new accesses onto roads like Hope Street, for traffic safety reasons.

4.4 I have had preliminary discussions with architects acting for Johnston Press with a view to establishing if some form of re-development may be possible, even if it entails some reduction in the Council’s development standards. These informal discussions have shown that, in addition to there being only limited potential for the site itself, there may still need to be further land required from the Council to enable the site to be developed.

4.5 It should be noted that the Council has no obligation to provide the objectors with an alternative means of access to their site. Nevertheless, in the interests of the general amenity of the area the Council must take into account the effect that an undevelopable site, on a main route into the town centre, would have. I share the concerns of the objectors and consider that, generally, a better overall solution would have been to consolidate their land with the application site, but the applicants have stressed that they

222 cannot modify their proposals to accommodate the objectors. As there may be the possibility of some development on the objector’s site (albeit small-scale, and requiring a concession from the Council regarding access), I do not consider that a refusal would be justified.

5. CONCLUSIONS

5.1 The current Development Plan, the Burgh of Motherwell & Wishaw Development Plan, dates from the 1950’s and so it is more relevant to consider the Finalised Draft Southern Area Local Plan. That plan identifies the site (and the Motherwell Times site) as an office Development Opportunity. While the proposal does not accord with that zoning, the plan recognises that the site does indeed have some development potential.

5.2 The draft Local Plan also contains a policy (CS 4) for ‘Assessing Applications for Community Facilities’, identifying criteria against which such applications should be considered. These are:- 1) the extent to which proposals meet a shortfall in the provision of Community Services 2) the suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment 3) the provisions made for vehicular access, parking and impacts on pedestrian safety and traffic circulation, and 4) detailed design elements such as building height, materials, positioning and access for pedestrians and disabled people.

5.3 In terms of assessment against the criteria noted above, I consider that items I), 3) and 4) are generally satisfactory. As noted in paragraph 4.5 however, it is likely that the proposed development will indeed impose a severe constraint on the future development of the adjoining land, but I do not consider this to be sufficient to refuse consent.

5.4 The principal concern in relation to this application is the proposal’s likely effect on the neighbouring land. The objectors have a valid cause for concern, in that their site suffers from a very poor access and this proposal would remove an alternative means of redeveloping their property. However, there remains the possibility of some limited form of development on their land, and I do not consider that their concerns can merit refusal of this application. I therefore recommend that permission be granted.

5.5 It should be noted that, because of the Council’s interest in the site, this application must be referred to the Scottish Ministers if approved by the Council. In addition, the realignment of the footway along Hope Street will require a Road Closure Order, and a separate report will be presented to the Committee to seek approval to begin that process.

223 Application No. S/O 1/00452/FUL Date registered 26 April 2001 APPLICANT MRS JACQUELINE DICKIE, 12 JERVISWOOD DRIVE, CLEGHORN MLll 7RT Agent W H Dickie, 77 Hainilton Road, Motherwell ML1 3DG DEVELOPMENT CHANGE OF USE FROM OFFICES TO PRE-SCHOOL FACILITY LOCATION THE APPLE CENTRE, 10 EARN AVENUE, RIGHEAD INDUSTRIAL ESTATE, BELLSHILL

Ward No. 23 Grid Reference 27203 5-660783

File Reference S/PL/B/9/112(502)/DA/AH

Site History Previous use as offices

Development Plan Bellshill & Mossend Local Plan - Policy I1 (Industrial Estate) Southern Area Local Plan, Finalised Draft - Policy Ind 8 (Established Industrial and Business Area)

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 3 letters of objection Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning permission to change the use of a single storey office block into a pre-school facility. The site is on the southern edge of Rigliead Industrial Estate in Bellshill. Three letters of objection have been submitted from adjacent businesses. My comments and observatioiis are detailed in the attached report. Notwithstanding that objections have been submitted it is recoinmended that planning permission be granted, subject to conditions.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

224 PLANNING APPLICATION N). S / 01 / 03452 / NL CHANGE OF USE ~OMomm TO PRE - ~CHOOLFACILITY ME APPLE CENTRE, 10 EARN AVENUE, RepdrardlmmheCtllmceSnqmcp~vrth RIGHEAD INDUSTRIAL mepemrsimdllaCDnmlbrd brM#aryr 1 1250 staioTahs @cr~nqopyon Uwhsssd rlplDdrlDn tdrn(gs ClDHn ml)r@ * isation ~f Objector and mylead 10 psrruton WENIpaadng 2. That prior to the pre-school facility hereby permitted being brought into use, road repairs including the infilling of potholes on the road shaded in RED on the approved plans, shall be completed.

Reason: To ensure satisfactory vehicular access facilities to the building in the interests of public safety.

3. That prior to the pre-school facility hereby permitted being brought into use, the screen fencing and gates, shown on the approved plans, all of which shall be 1.8 metres in height, shall be erected.

Reason: In the interests of child safety.

4. That the gates shown on the approved plans shall remain locked outwith periods of children being dropped off and picked up from the pre-school facility hereby permitted.

Reason: In the interests of child safety.

5. That the speed hump shown on the approved plans shall be constructed or secured in position prior to the pre-school facility hereby perinitted being brought into use.

Reason: To ensure vehicles slow on approach to the pick up/drop off area in the interests of public safety.

6. That prior to the pre-school facility hereby permitted being brought into use a sign shall be erected on the fencing hereby approved indicating that children are to be picked up and dropped off within the dedicated area inside the fencing.

Reason: In the interests of child safety and to help ensure that children do not enter the area used by other vehicular traffic.

7. That prior to the pre-school facility hereby permitted being brought into use the car parking and manoeuvring areas shall be clearly marked out on the site.

Reason: To ensure the provision of adequate parking and manoeuvring facilities within the site in the interests of the other users of the coininon access road to the premises.

226 List of Background Papers

Application form and plans, received on 26/4/0 1 Letter from applicant, dated 14/5/01 Motherwell District Council, Bellsliill & Mossend Local Plan North Lanarkshire Council, Southern Area Local Plan, Finalised Draft Letter from Building Services Design Associates, Earn Avenue, Bellsliill dated 26/4/0 1 Letter from Eurec, Earn Avenue, Bellsliill dated 26/4/0 1 Letter from Holmes MacKillop, 109 Douglas Street, Glasgow dated 1/5/01

Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman.

227 APPLICATION NO. S/O 1/00452/FUL

REPORT

1. APPLICATION AND SITE

1.1 The applicant seeks planning permission to change the use of the single storey office block, known as the “Apple Centre” into a pre-school facility. The total number of children expected to attend the premises during a typical day is estimated at 25-30. The plans show some internal reconstruction of the building to create nursery rooms for children of different ages, dining and staff areas, a rest room, a staff room, kitchen and toilets. A dedicated children‘s entrance would be provided at the side of the building and the existing reception area would form an emergency exit. Car parking spaces and a inanoeuvring area would be clearly delineated and a high fence and gate erected to prevent children leaving the site unsupervised. A speed ramp would be provided at the entrance to the parking area to ensure vehicles cannot speed into the facility car park.

1.2 The site is located on the southern edge of Righead Industrial Estate and shares an access with other businesses. The access road is traffic calmed in places which ensures vehicles cannot speed in the vicinity of the site. The shared access road is currently in need of repair.

2. OBJECTIONS

2.1 Three neiglibouring businesses have objected to the proposed development. Their objections may be summarised as follows:-

* possible safety conflict with existing industrial users 0 possible access restrictions to adjacent businesses 0 implications for future development of adjacent businesses and, in particular whether or not this would be restricted 0 implications for increased traffic and the effect 011 traffic management in this part of the Estate 0 implications for adjacent businesses of further deterioration of the road surface caused by users of the proposed development.

3. DEVELOPMENT PLAN CONSIDERATIONS

3.1 The site is located within an established industrial area. Although the proposed use is not industrial in nature it is regarded as offering a service to (among others) workers within the Estate. This is discussed below. Hence the proposed use is not regarded as contrary to the dev e I opm ent p 1an.

4. COMMENTS AND OBSERVATIONS

4.1 This proposed use represents the attempted introduction of a complimentary facility to existing users of, and workers in, the Righead Industrial Estate. Snack bars have operated for several years and tyre depots and vehicle repair workshops have been established. However, the introduction of a pre-school facility takes matters a step forward. My concerns over the proposed use are similar to those raised by the objectors, and I intend to deal with thein in the order listed in para 2.1 above.

4.2 The introduction of a pre-school facility into an industrial area, albeit on the periphery of an industrial estate, naturally raises safety concerns; in particular the prospect of children

228 “escaping” from tlie facility and roaining the environs. I have sought to have this matter addressed by eiisuring that 1.8 metre high fencing with lockable gates is introduced around tlie door to be used by children. There is no other means for cliildreii to roam loose within the Estate. It should also be noted that child safety is covered by Health and Safety Policy & Procedures and it is a requirement to satisfy the Early Years Officer, Fire Officer and the Department’s Environmental Health Division prior to obtaining a registration licence. I am therefore satisfied that the matter will be addressed before the facility is brought into use.

4.3 I do not anticipate access restrictions to adjacent businesses, nor any adverse affects on their development plans as a result of the proposed use. The pre-school facility will introduce more vehicular traffic than at present given that the premises are presently vacant. However, it is likely that the building will be brought back into use sooner or later and, notwithstanding the current application, almost certainly as some type of office facility. This would generate vehicular traffic, mostly individual cars. I do not consider that the proposed use has significant traffic management implications over and above that of any office use, particularly as most vehicles will merely be dropping children off and not parking. I consider that there are adequate facilities at tlie site for the parking of staff veliicles. 1 also consider that there are adequate opportunities for vehicles to pass each other without causing congestion.

4.4 Finally, I am concerned about the condition of the access road and the need for repairs to be carried out. I have raised this matter with the applicant and she acknowledges repairs will have to be carried out before tlie facility is brought into use. Following these repairs, it is my understanding that all businesses using this access have a communal maintenance responsibility for the road.

5. CONCLUSION

5.1 Overall, I am satisfied that my concerns regarding child safety can be addressed in a manner which does not adversely affect existing businesses within tlie vicinity of the site. The proposed development is one which will provide a service complimentary to those within the Estate and the workforce employed there, albeit its use cannot be restricted to the children of Estate workers. It is therefore recommended that planning permission be granted.

229 Application No. SI0 1 /00476/FUL Date registered 27 April 200 1 APPLICANT MR J LOGAN, 5 OAK PLACE, UDDINGSTON G7 1 5AQ Agent Ian M Denney, 2 Melbourne Avenue, East Kilbride G75 8DT DEVELOPMENT CONSTRUCTION OF FRONT PORCH LOCATION 5 OAK PLACE, UDDINGSTON, G71 5AQ

Ward No. 23 Grid Reference 271475 661310

File Reference S/PL/BI9/102( 1 13)/JD/AH

Site History None

Development Plan Established Housing Area on the Southern Area Local Plan (Finalised Draft)

Contrary to Development Plan NO

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours One letter Newspaper Advertisement Not Required

COMMENTS The applicant seeks planning permission for the construction of a front porch extensioii to his property at 5 Oak Place, Uddingston. One letter of objection has been received from aii adjoining neighbour in relation to this application and my comments are detailed in the accompanying report. Notwithstandiiig the objection, I recommend that plaiiniiig permission be granted.

RECOMMENDATION Grant, subject to the following conditions:-

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

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

2. That the facing materials to be used for tlie external walls and roof shall match iii colour and texture those of the existing adjoining building.

Reason: In the interest of tlie visual amenity of the dwellinghouse and surrounding area.

230 PLANNING--. .---. .--.-.. APPLICATION -- NO. S/01/00476/FUL. N LANARKSHIRE GUNS I KUC; I IUN Ut tKUN I PUKC;H 5 OAK PLACE, UDDINGSm A *LOCATION OF OBJECTOR List of Background Papers

Application form and plaiis dated 27/4/01 Letter aiid revised plans dated 23/5/01 Southern Area Local Plan Finalised Draft Letter froin Mr & Mrs Fraser, 7 Oak Place, Uddiiigston dated I 0/5/01

Any person wishing to inspect the above background papers should telephone Motherwell 302 137 and ask for Joaniie Delaiiey.

232 APPLICATION NO. S/O1/00476/FUL

REPORT

1. SITE AND PROPOSAL

1.1 The application site is a mid terraced dwellinghouse situated within a small cul-de-sac.

1.2 The applicant proposes to construct a front porch extension which will be utilised as a small sitting area. The porch measures 1.5 metres deep x 2.5 metres wide, a reduction of 0.5 metres in depth from the originally submitted proposal.

2. REPRESENTATION

2.1 One letter of objection was received froin tlie adjacent neighbours. The points raised and my comments are outlined below:-

(a) Daylight/Sunlight Reduction

Comment:- It is acknowledged that there will be some loss of sunlight/daylight, but the reduction is considered negligible and does not constitute a justifiable reason for refusal.

(b) Loss of view/outlook

Comment:- Whilst there is no legal entitlement to a view, the original proposal was considered detrimental to the visual amenity of the adjoining neighbour, and excessive in depth at 2 metres. However, the applicant has agreed to reduce the depth of the porch to 1.5 metres, which in terms of design, scale and materials is considered acceptable, The neighbours, however, wish to sustain their objections.

3. PLANNING ASSESSMENT

3.1 While the applicant’s reluctant agreement to reduce the depth of tlie proposed porch by 0.5 metres might not seem significant, and certainly doesn’t impress the neighbouring objectors, I consider that the scale of the smaller porch is acceptable in planiiiiig terms. I therefore recommend that permission be granted.

233 Application No. SI0 U005 19IFUL Date registered 4 May 2001 APPLICANT DALZIEL HOMES LTD., CLELAND HOUSE, DALZIEL PARK, MOTHERWELL Agent Skirling Design Studio, Balmoral Court, West End, Carnwath DEVELOPMENT CONSTRUCTION OF FOOTWAY LOCATION LAND WEST OF 8 AND 9 SARACEN COURT, HAGEN DRIVE, MOTHERWELL

Ward No. 5 Grid Reference 278284-65 7 894

File Reference SIPLIBISI5 OIDAIAH

Site History No significant site history

Development Plan Northern Area Local Plan - Green Belt Policies El, E2 and E3 Southern Area Local Plan, Finalised Draft - Green Belt Policy ENV6

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours 4 letters of objection Newspaper Advertisement Not Required

COMMENTS The applicaiit seeks planning permission to construct a section of footway along a verge adjacent to Hagen Drive in Dalziel Park, off Chapelknowe Road, Motherwell. Four notified neighbours have objected to the proposal and my cominents and observations are detailed in the attached report. It is recommended that planning permission be refused.

RECOMMENDATION Refuse, on the following grounds:-

1. That the proposed footway would adversely affect pedestrian safety in encouraging pedestrians to cross Hagen Drive in an area of poor visibility, adjacent to a junction and in an area lacking adequate street lighting.

2. That the proposed footway would adversely affect the amenity of adjacent residents by coinproinisiiig their security and privacy through tlie reinoval of thorny bushes and raising the level of adjacent ground to provide tlie footway.

234 ____--__------I \aU

PLANNING APPLICATION No. S / 01 / 0051 9 / NL CONSTRUCTION OF FOOTWAY LAND WEST OF 8 & 9 SARAZEN COURT, A HAGEN DFWE, MOB!YELL 1:1250 * Location of objector List of Background Papers

Application form and plans, received on 4/5/01 Letter from applicant, dated 4/5/01 Motherwell District Council Northern Area Local Plan Nortli Lanarkshire Council Southern Area Local Plan, Finalised Draft Letter froin Mr J Halliday, 14 Cotton Vale, Motherwell, dated 9/5/01 Letter from Mr J Bolger, 8 Sarazen Court, Motherwell, dated 15/5/01 Letter from Dr J W Murphy and R E Zoechbauer, 9 Sarazen Court, Motherwell dated 16/5/0 1 Letter from Mr A Murdocli, 16 Cotton Vale, Motherwell dated 12/5/0 1

Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman.

236 APPLICATION NO. S/01/005 19/FUL

REPORT

1. APPLICATION AND SITE

1.1 The applicant seeks planning permission to construct a section of footway along Hagen Drive. Hagen Drive is the access road leading to the Golf and Country Club within Dalziel Park, off Chapelknowe Road, Motherwell. Currently a footway runs along only one side of this road and does not run along the full length of the road. It terminates at the access road to the sports fields.

1.2 The proposed footway would effectively start where the existing one terminates, albeit that it would be located on the opposite side of Hagen Drive. Currently, the application site consists of a 2 metre wide verge which is partly grass and partly planted with prickly bushes. There are also sinall Iights set on 1 metre high brick pillars which perform a limited lighting function at night. The footway would run immediately to the rear of six gardens. The applicant has provided a construction detail for the footway.

1.3 A supporting statement provided by the applicant indicates that the footway would resolve a safety issue for pedestrians between the sportsfield access road and the Golf and Country Club. It is stated that it will also “help those residents who have installed garden gates along this section of road”. Although not included in the supporting statement, Committee should be aware that this application was submitted following a meeting involving the applicant, his agent and two staff members of my De artment regarding the refusal of planning permission by Committee at it’s meeting on 14tip February 2001 for five dwellinghouses on the site of the golf driving range. Whilst this application was refused primarily on green belt issues, there were additional concerns over inadequate vehicular and pedestrian access. The current application may be regarded as a means of partially addressing these concerns. Indeed, at the tiine of writing this report a revised application for the proposed five dwellinghouses had just been received. It should be noted that the applicant has already requested that a site visit and special hearing take place when this application is eventually presented to the Committee.

2. OBJECTIONS

2.1 Four notified neighbours have objected. Their objections may be summarised as follows:-

nuisance and privacy concerns froin people being able to see over the fences into their rear gardens; the “cross over” point froin the existing to the proposed footway is at a blind spot in the road and immediately adjacent to a junction. This would be a danger to pedestrians; a need for adequate lighting could follow, further impacting 011 amenity; a footway on this side of the road was not part of the original proposals; the removal of the bushes from the service strip would remove the deterrent to people climbing the fences; the path could encourage partial parking on the footway during rugby games on the adjacent pitches; drainage problems could appear in the gardens adjacent to the footway due to run-off froin it; the matter is a departure froin the plans on which individuals decided to purchase their plots and build their houses; there are opportunities to construct the footway on the opposite side of the road or beyond the adjacent tree belt.

237 3. COMMENTS AND OBSERVATIONS

3.1 The lack of a footway along the full length of Hagen Drive is perhaps an oversight of the master plan for the whole development. The potential for pedestrian and vehicular traffic conflict is real and therefore the provision of such a footway would ordinarily be a welcome development. Nevertheless, the provision of a footway within an existing development has to be considered against factors such as impact on amenity and it is clear from the objections of notified neighbours that they perceive this to be a problem.

3.2 With respect to the detailed objections, I am not overly concerned about drainage problems as the submitted plans indicate a 3% fall towards the road. The necessity to provide additional lighting at this locus is also not considered to be significant as neither Hagen Drive nor the associated footways are presently under consideration for adoption for maintenance. Nevertheless the introduction of proper lamp standards, subject to the comments of neighbours, would improve visibility at night. I understand concerns that opportunities would be created for people to see into rear gardens. Assuming the footway is constructed in accordance with the submitted drawing it would certainly be easier for individuals to see into or gain access to rear gardens, particularly with the removal of prickly shrubs. It also has to be noted that the construction of a footway using the existing kerb levels would have the effect of comproinising the privacy afforded by screen fencing by raising the height of ground upon which people can walk, making it easier to see over fences. The potential injury to amenity, privacy and security relative to the current situation is, in my opinion, a material consideration.

3.3 The proposal is a departure from the original plans for this area. A landscape strip was to be maintained and there was no proposal to construct a footway along this side of Hagen Drive. The objectors are therefore correct in this statement. Comments regarding construction of the footway on the opposite side of the road are slightly misleading. This would involve the removal of some trees which have to be retained as a screen between the floodlights associated with the feature rugby pitch and the adjacent houses. A tree preservation order is presently in preparation for this area. Therefore, if a footway is to be provided along Hagen Drive, the current proposed location of the footway is the only available option.

3.4 I do agree that it would create a hazard for pedestrian use due to the blind spot, the adjacent junction, the lack of adequate lighting and the lack of a crossing facility. Additional lighting and a crossing facility have not been offered by the applicant. Currently Hagen Drive is not surfaced to final wearing course level, although once complete, with no traffic caliniiig measures, traffic will be able to speed along this road. I therefore share the objectors’ concerns on this point.

3.5 Overall, therefore, I have concerns over the impact of the proposed footway on residential amenity and pedestrian safety. However, before concluding my coinments I have to make reference to the wider area and the intentions behind the proposed footway. Assuming the footway is intended purely for pedestrian safety to serve the existing facilities, it would need to be extended beyond the site identified by the current application and linked through to the Golf and Country Club House. The applicant has not indicated that this will be done. Alternatively, and perhaps this is an option which could be examined by the applicant, traffic calming of Hagen Drive up to the Club House could be considered to allow safer sharing by pedestrian and vehicular traffic. On the other hand, if the footway is intended to serve proposed housing at the driving range then, notwithstanding that I do not support such a housing proposal, there remains not only the option to introduce traffic calming on Hagen Drive and extending the footway beyond this but also the possibility of constructing a remote footpath beyond the belt of trees referred to above.

23 8 4. CONCLUSION

4.1 Although a footway along the section of Hageii Drive not presently served by one could possibly help to alleviate a potential vehicular/pedestriai traffic conflict, I am concerned that the footway proposed, due to it’s location, could actually jeopardise pedestrian safety and be detrimental to the amenity of adjacent residents. I have had to balance the desire to have such a footway against these concerns, and tlie fact that there are alternative solutions leads me to conclude that more liarin could be done by tlie construction of this footway than tlie status quo. It is therefore recommended that plaiining permission be refused.

239