North Lanarkshire Council

DEPARTMENT OF PLANNING AND DEVELOPMENT

Planning Applications for consideration of Planning and Development Committee

Committee Dote :17th March 1999

--I--’ -.. AGENDA EMNO, ;-ruturJo*r

Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 17TH MARCH 1999

nge No. Application NO. Applicant DevelopmentlLocus Recommendation

N/98/01187/FUL Mr Norman Egan Demolition of Existing Buildings and Grant Formation of 2 No. Mews Cottages With Access Road and Parking Land to Rear of 20-24 Main Street, The Village, Cumbernauld

2 N/98/01193/CON Mr Norman Egan Demolition of Existing Buildings and Grant Formation of 2 No. Mews Cottages With Access Road and Parking Land to Rear of 20-24 Main Street, The Village, Cumbernauld

17 N/98/01467/OUT T J Turner Erection of a Dwellinghouse (In Refuse Outline) - Bentend Steading, Tak-Ma-Doon Road, Kilsyth

21 N/98/01579/FUL A L Bankier Erection of Double Garage - Site Grant Adjacent to The Craigs, Banton, Kilsyth

25 N/98/01615/FUL Maurice W King Siting of a Mobile Snack Bar on the Grant Public Road - Public Road 150 Metres from Mollins Road Junction, Drum Mains Park Road, Orchardton Woods, Cumbernauld

28 N/98/0 1673fFUL John Russell Formation of Dormer Windows to Refuse Front and Rear of the Property 4 Second Avenue Stepps G33 6JS

32 N/98/01712/FUL Mr Gordon Donald & Change of Use of Public Open Space Grant Mrs Ann Louise to Private Garden Ground Donald 22 Lomond Court Condorrat Cumbemauld G67 4JQ

37 N/98/01734/0UT Mr & Mrs T Harvey Erection of Dwelling (In Outline) Refuse (P) Site Adjacent to 65 Mount Harriet Drive, Stepps

43 N/99/00047/FUL William Hill Organisation Ltd Proposed External Staircase & Grant Aluminium Shopfront and Door 8 Clyde Walk, Town Centre Cumbernauld G67 IBH

47 John Sutherland Extension to Dwellinghouse Grant 8 Green Bank Road, Balloch, Cumbernauld G68 9BY

51 Mr A Norris Siting of a Mobile Snack Bar - Parking Grant Area at Glencryan Business Centre, 11 Glencryan Road, Cumbernauld

Grant (P) 54 Tarmac Heavy Building Extraction of Hardrock Minerals Materials (Retrospective) - Airdriehill Quarry, Airdriehill Road, Airdrie

63 Mr & Mrs McAllister First Floor Extension to Kennel Refuse (PI Administration Block to Form Flatted Dwellinghouse, Whinrigg Farm Riggend, Airdrie 3 APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 17TH MARCH 1999

Page No. Application No. Applicant DeveIopment/Locus Recommendation

66 C/98/01480/FUL Mr Michael Hart Erection of Conservatory Grant The Mint, 16 Academy Street, Coatbridge

73 C/98/01527/LBC J D Wetherspoon PLC Listed Building Consent for Alterations Grant (P) to Shop Front and Extension to Rear at 12 Bank Street, Airdrie

C/98/01529/FUL J D Wetherspoon PLC Listed Building Consent for Alterations Grant to Shop Front and Extension to Rear at 12 Bank Street, Airdrie

80 C/98/01701/FUL Kelvin Homes Ltd Erection of 66 Dwelinghouses Grant and 16 Flats and Associated Access Roads, Landscaping and Play Areas Land South of Marshal1 Street, Coatbridge

89 C/99/00016/OUT The Diocese of Erection of 11 No. Dwellinghouses Refuse (PI Motherwell (In Outline), Mainhill Road, Bargeddie, Coatbridge

93 C/99/00030/FUL Anduff Holdings Ltd Demolition of Garage and Erection of Grant Carwash With Vacuum Facilities - Mainway Service Station, 42 Clark Street. Airdrie

97 C/99/00082/FUL Mr Walter Jarvie Extension to Clubhouse at Grant Greengairs Bowling Club - 219 Greengairs Road, Greengairs, Airdrie

101 C/99/00101/FUL Steven Mahoney Erection of Two Dwellinghouses at Grant 6-12 Donaldson Place, Airdrie

106 C/99/00128/NID NLC Housing Dept Change of Use from Housing Grant (PI to Care Office 81 Accommodation at Redbridge Court, Coatbridge

-'O S/98/00969/MIN LAW Mining Ltd Extraction of Coal by Opencast Methods Grant (PI - Badallan Farms, Shotts

154 S/98/0 1390/FUL Zubida Aslam Erection of 5 Flatted Dwellings Grant 65 Coltness Road, Wishaw

160 S/98/01654/FUL Mr Ian May Erection of Seven Dwellinghouses Grant 6 Gill Road, Wishaw

168 S/98/01666/FUL Miller Homes Erection of 44 Dwellinghouses - Land Grant Opposite Garrion Business Park, Smith Avenue, Wishaw

175 S/99/00158/FuL Mr Wm Nelson Part Change of Use of Shop to Hot Food Grant Take Away - 220 Hamilton Road, Motherwell 4 APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 17TH MARCH 1999

Page No. Application No. Applicant Development/Locus Recommendation

(P) N/98/01734/OUTIf Approved, Application to be referred to Secretary of State (P) C/98/00638/MIN If Approved Section 75 & Bond to be adjusted (P) C/98/01106/FUL If Approved, Section 75 to be concuded (P) C/98/01527/LBC If Approved, Application to be referred to Historic Scotland (P) C/99/00016/OUTIf Approved, Application to be referred to Secretary of State (P) C/99/00128/NID If Approved, Application to be referred to Secretary of State (P) S/98/00969/FUL If Approved, Application to be referred to Secretary of State; Section 75 Agreement required; Bond of Caution required Application No.: N/98/01187/FUL

Date Registered: 24th August 1998

APPLICANT: MR. NORMAN EGAN, 11 ROADSIDE, CUMBERNAULD, G67 2SS

Agent: The Morrison Partnership, 106 Ormonde Crescent, Glasgow, G44 3sw

DEVELOPMENT: DEMOLITION OF EXISTING BUILDINGS AND FORMATION OF 2 NO. MEWS COTTAGES WITH ACCESS ROAD AND PARKING

LOCATION: LAND TO REAR OF 20-24 MAIN STREET THE VILLAGE CUMBERNAULD

Ward: 52

Grid Reference: 276833 676130

File Reference: N/98/0 1187PUL

Site History: No Applications of Relevance

Development Plan Curnbernauld Local Plan Contrary to Development Plan: No

CONSULTATIONS:

Objection: Architectural Heritage Society Of Scotland

No Objection: East Of Scotland Water West Of Scotland Water British Gas Transco

Conditions: The Scottish Civic Trust Historic Scotland

No Reply:

REPRESENTATIONS: Neighbours: No Response Newspaper Advertisement: No Response

COMMENTS: The applicant proposes to demolish a number of outbuildings to the rear of this property on Main Street and convert and extend one remaining outbuilding to form a mews courtyard development of two attached cottages. The site is accessed via a pend from The Wynd. No objections were received either as a result of the press advertisement or the neighbour notification process. Adverse

consultation responses were received in respect of the original design but satisfactory amended proposals have now been submitted. The related application, Reference N/98/01193/CON, for Conservation Area Consent in relation to the demolitions, is also being reported for 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.

2. That the existing gates as shown on the approved plan shall be set back no less than six metres from the north elevation of the existing stone building.

Reason: In the interests of traffic safety.

3. That before the dwellinghouses hereby permitted are occupied the 3 car parking spaces indicated on the approved plans shall be provided within the site and thereafter shall be maintained as parking spaces.

Reason: In the interests of traffic safety and the amenity of the site and the Conservation Area.

4. That before the development hereby permitted starts, a scheme of landscaping, including details of all boundary treatments, planting and hard landscape treatments, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of amenity of the site and the Conservation Area.

5. That within one year of the completion of the dwellings hereby permitted, all boundary treatments, hard surfacing and planting included in the scheme approved under the terms of Condition 4, above shall be completed and any planting which dies, is removed, damaged or becomes diseased, shall be replaced within the following year with others of a similar size and species. Reason: In the interests of amenity of the site and the Conservation Area.

6. That before the development hereby permitted starts, a sample of the natural slate to be used for roofwork 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 this aspect in detail and in the interest of the amenity of the buildings and the Conservation Area.

7. That, as shown on the approved plans all windows and doors shall be of timber construction and that the windows shall replicate the external appearance o traditional sliding sash and casement windows.

Reason: In the interest of the amenity of the buildings and the Conservation Area.

8. That before the development hereby permitted starts, a sample of the precast concrete to be used for skews, cills and lintels 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 this aspect in detail and in the interest of the amenity of the buildings and the Conservation Area.

9. That the remaining original stonework shall have a traditional limewash finish, as shown on the approved plans, whilst the new build extension shall be finished in a traditional smooth render, except as may otherwise be agreed in writing by the Planning Authority.

Reason: In the interest of the amenity of the buildings and the Conservation Area.

10. That before the development hereby permitted starts, a sample or details of the final colours of all external paintwork 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 this aspect in detail and in the interest of the amenity of the buildings and the Conservation Area.

11. 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 protect the character of the Conservation Area.

12. That before the development hereby permitted starts, a detail, showing how the proposed roof window shall be fitted such that it does not project above the plane of the surrounding roof 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, in order to protect the character of the Conservation Area.

Background Papers: Application form and plans received 24th August 1998 Letter dated 1st September from West Of Scotland Water Letter dated 1lth September from British Gas Transco Letter dated 17th September from Historic Scotland Letter dated 21st September from East Of Scotland Water Letters dated 7th October 1998 & 19th February 1999 from The Scottish Civic Trust Letters dated 17th September 1998 & 25th February 1999 from The Architectural Heritage Society Of Scotland Cumbemauld Local Plan 1993 Cumbemauld Village Plan 1993

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. APPLICATION NO. N/98/01187/FUL

REPORT

1. DescriDtion of Site and ProDosal

1.1 The site lies within Cumbemauld Village Conservation' Area and is part of the rear garden area of the property at 20-24 Main Street. The building itself comprises two shops on the ground floor with residential accommodation above, all of which have a requirement for access to the rear.

1.2 The site is accessed via a traditional pend in a flatted block on The Wynd. There are a number of outbuildings on the site, and these have formed the basis of a variety of different types of commercial use over the years. Of the three outbuildings one is a timber garagehhed , one is a traditional stone building and one is a long brick-built range.

1.3 The stone outbuilding is the only one of the three which is of any real architectural or historic merit, making a positive contribution to the character of the Conservation Area. The applicants propose to demolish the two other outbuildings and to retain and refurbish this building and convert it to residential use with the addition of an extension in the form of the brick outbuilding. This will provide two attached cottages with a small garden area and parking, whilst allowing access to the remainder of the rear garden area for the properties in the Main Street building.

2. DeveloDment Plan

2.1 The area is covered by policy EN12 in the adopted Cumbernauld Local Plan, which supports positive measures to improve the physical environment of the Village.

3. Remesentations and Consultations

3.1 British Gas Transco, West of Scotland Water and East of Scotland Water a11 made no objections to the proposals.

3.2 The Scottish Civic Trust did not oppose the sensitive infill of this site but were unhappy with the design and specification of the original scheme. They found the amended proposals acceptable subject to the requirement that the roof window be detailed appropriateIy and that changes be made to the design of the window screen being used as an infill to the existing garage door opening in the outbuilding.

3.2 The Architectural Heritage Society Of Scotland found the original design proposal unacceptably suburban and crowded. They maintained their objection to the revised proposals on the basis that the site would be overcrowded and overdeveloped.

3.3 Historic Scotland commented that the stone outbuilding should be retained and that the extension should be designed to reflect its character.

3.4 The Area Transportation Manager was concerned that only two parking spaces were to be provided in the original scheme, but this was increased to a more acceptable three spaces in the amended proposals. He further commented that the existing gate should be set back such that a car entering the property would not obstruct the access lane whilst opening the gate.

4. Planning Assessment and Conclusions

4.1 This site currently has a negative impact on the character of the Conservation Area arising from the derelict condition of the outbuildings and the associated untidy yard area, now abandoned by commercial users. The proposals represent an opportunity to afford a significant improvement in the appearance of the site.

4.2 Whilst the original proposal was not in accordance with Council policy for new development within the Conservation Area, this has been rectified in the amended scheme. The concerns expressed by both The Scottish Civic Trust and the Area Transportation Manager can be dealt with by means of appropriate conditions. It is considered that the changes to the design of the garage door infill requested by the Scottish Civic Trust would be inappropriate as they would destroy the proportion of the original opening.

4.3 Whilst the Architectural Heritage Society object on the grounds of overdevelopment of the site, the current scheme is sensitively designed to provide an acceptable residential layout with adequate standards of both internal and external space. The proposal will also result in a significant improvement to the appearance of this area of the Conservation Area.

4.4 Historic Scotland advise in their Memorandum of Guidance on Listed Buildings and Conservation Areas that in these circumstances a Condition should be applied to any consent requiring that a contract for any new build should be signed before the commencement of demolition works on the site. This is to prevent a situation where the character of a Conservation Area is damaged by the long term presence of unsightly gap sites. The use of such a Condition would be inappropriate in this instance as the appearance of the site would actually be improved by the removal of the outbuildings to be demolished and the site does not form part of a continuous street frontage.

4.5 In light of the above I would recommend that planning permission be approved. Application No.: N/98/01193/CON

Date Registered: 24th August 1998

APPLICANT: MR. NORMAN EGAN, 11 ROADSIDE, CUMBERNAULD, G67 2SS

Agent: The Morrison Partnership, 106 Orrnonde Crescent, Glasgow, G44 3sw

DEVELOPMENT: DEMOLITION OF EXISTING BUILDINGS AND FORMATION OF 2 NO. MEWS COTTAGES WITH ACCESS ROAD AND PARKING

LOCATION: LAND TO REAR OF 20-24 MAIN STREET THE VILLAGE . CUMBERNAULD

Ward: 52

Grid Reference: 276833 676130

File Reference: N/98/01193/CON

Site History: No Applications of Relevance

Development Plan Cumbemauld Local Plan Contrary to Development Plan: No

CONSULTATIONS:

Objection: Architectural Heritage Society Of Scotland

No Objection: East Of Scotland Water West Of Scotland Water British Gas Transco

Conditions: The Scottish Civic Trust Historic Scotland

No Reply:

REPRESENTATIONS : Neighbours: No Response Newspaper Advertisement: No Response

COMMENTS: This application is for Conservation Area Consent and relates to the same development as described in the report relating to application reference N/98/01187/FUL. Conservation Area Consent is specifically required in relation to the proposed demolition of outbuildings within the Conservation 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 the existing gates as shown on the approved plan shall be set back no less than six metres from the north elevation of the existing stone building.

Reason: In the interests of traffic safety.

Reason: In the interests of traffic safety and the amenity of the site and the Conservation Area.

Reason: In the interests of amenity of the site and the Conservation Area.

Reason: To enable the Planning Authority to consider this aspect in detail and in the interest of the amenity of the buildings and the Conservation Area.

7. That, as shown on the approved plans, all windows and doors shall be of timber construction and that the windows shall replicate the external appearance of traditional sliding sash and casement windows.

Reason: In the interest of the amenity of the buildings and the Conservation Area.

Reason: To enable the Planning Authority to consider this aspect in detail and in the interest of the amenity of the buildings and the Conservation Area.

Reason: In the interest of the amenity of the buildings and the Conservation Area.

Reason: To enable the Planning Authority to consider this aspect in detail and in the interest of the amenity of the buildings and the Conservation Area.

Reason: To enable the Planning Authority to retain effective control, in order to protect the character of the Conservation Area.

Background Papers : Application form and plans received 24th August 1998 Letter dated 1st September from West Of Scotland Water Letter dated 1lth September from British Gas Transco Letter dated 17th September from Historic Scotland Letter dated 21st September from East Of Scotland Water Letters dated 7th October 1998 & 19th February 1999 from The Scottish Civic Trust Letters dated 17th September 1998 and 25th February 1999 from Architectural Heritage Society Of Scotland Cumbemauld Local Plan 1993 Cumbemauld Village Plan 1993

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. 17

Application No: N/98/0 1467/0UT

Date Registered: 30 December 1998

APPLICANT: MR T.J. TURNER BENTEND FARM CARRON BRIDGE BY KTLSYTH FK6 5JH Agent:

DEVELOPMENT: ERECTION OF A DWELLINGHOUSE (IN OUTLINE)

LOCATION: BENTEND FARM CARRONBRIDGE, BY KILSYTH

Ward No: 65 Grid Reference: 274067683499

File Reference: MT

Site History:

Development Plan: Kilsyth Local Plan 1983 Land Use Policy G- Kilsyth Hills Area of Regional Scenic SignificanceLlesignatedCountryside Kilsyth Local Plan Finalised Draft 1996 Policies NE1 1 Kilsyth Hills Regional Scenic Area. GB2,3 and 4 -Greenbelt.

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection: No Objection: Coal Authority, East of Scotland Water Conditions: SEPA No Reply:

REPRESENTATIONS: Neighbours: Newspaper Advert: No response.

COMMENTS: The application under consideration proposes the erection of a detached dwellinghouse on land at Bentend Farm, Carron Bridge.

The site falls within the Kilsyth Hills Area of Regional Scenic Sipficance within the adopted Kilsyth Local Plan within which there is a presumption against development not directly related to rural land uses. This designation is maintained within the finalised draft of the replacement local plan due to be adopted shortly. The applicant has claimed that the dwellin&ouse is required to provide accommodation for a farmworker and in order that any need could be assessed, the applicant was requested to submit evidence from an agricultural consultant setting out the workmgs of the farm and total labour

19 requirement. The applicant has failed to supply the information requested and has not rebutted the presumption against development.

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the decision on any application be made in accordance with the development plan unless material considerations dictate otherwise. The development plan position in this instance is clear cut and the applicant has failed to demonstrate why the plan should not prevail. Accordingly, it is recommended that the application be refused.

RECOMMENDATION: Refuse for the undernoted reasons:-

1. The proposed house would be contrary to the provisions of the land use policy G -Kilsyth Hills Area of Regional Scenic SignificanceDesignated Countryside - in the Kilsyth Local Plan 1983 which states that

b “There will be general presumption against any development which is not lrectly related to basic rural land uses such as agriculture, forestry, horticulture or outdoor recreation.”

2. The proposal is also contrary to the finalised draft Kilsyth Local Plan Policy NE 1 1 whch states that “there will be a presumption against any development which is not hrectly related to rural land uses ...”

3. The applicant has not provided any relevant justification for ovemding the local plan policies referred to in the foregoing reasons for refusal.

4. The proposal, if approved, would be likely to encourage further applications for similar developments within this area whch would be unacceptable for the reasons stated above the cumulative effect of which would be likely to seriously undermine the impact upon the landscape setting and rural character of the Area of Regional Scenic Significance.

Background Papers: Application Form and Plans. Kilsyth Local Plan 1983. Kilsyth Local Plan (Finalised Draft) 1996.

Any person wislmg to inspect these documents should contact Moray Thomson at 01236 616463 20 APPLICATION NO. N/98/01467/OUT

1.o PROPOSAL AND SITE

1.1 The application proposes the erection of a dwellinghouse in outline on land adjacent to Bentend Steading at Tak-Ma -Doon Road, Carron Bridge.

2.0 CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:-

Transportation Manager: No objections subject to conditions. Coal Authority: No objections East of Scotland Water: A mains water supply cannot be made available. Scottish Environment Protection Agency: No objections subject to conditions. Head of Parks and Amenity: No objections subject to conditions.

3.0 DISCUSSION AND CONCLUSION

3.1 The IGlsyth Local Plan 1983 whch remains, for the present, the adopted local plan against whch the application must be assessed. The application site is located within the designated Area of Regional Scenic SignificanceDesignatedCountryside. In order to afford protection for the landscape setting and rural character of the area a presumption exists against any development which is not directly related to rural land uses such as agriculture. This designation is maintained within the finalised draft of the replacement plan which is shortly to be adopted, however more explicit controls are also referred to. In particular, proposals will be subject to strict control in relation to design and landscape considerations as well as environmental impact.

3.2 The wording of the policy leaves the onus on the applicant to show why the proposed development is in the interests of one of the specific exceptions deemed to be appropriate to a location withm the Area of Regional Scenic Significance. In this respect the applicant was asked to provide evidence to support his claim that a further dwellinghouse was required to serve the farm unit. To date however no response has been received and on this basis the applicant has failed to rebut the presumption against development whch exists in this area.

3.3 The terms of N.P.P.G. 1- The Planning System - clearly indicate that only if there are compelling reasons should determinations depart from the provisions of relevant and up to date structure and local plan policies. Paragraph 39 states that

“ An applicant who proposes a development which is clearly in conflict with the structure or local plan would need to produce convincing reasons to show why the plan should not prevail.”

3.4 No evidence has been submitted by the applicant to show that the proposal is consistent with development plan policies or why material considerations might justify an exception to policy.

3.5 Consistent application of policy is vitally important if the continued and significant development pressure is to be resisted and the public’s faith and confidence in the Area of Regional Scenic SignificanceKountryside and the development control system is to be maintained. To grant planning permission for the proposal within the application site, would undoubtedly put local plan policy at risk and create a most concerning precedent.

3.6 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the decision on any application be made in accordance with the development plan unless material considerations dictate otherwise. In hsinstance policy justifies a refusal of the application.

3.7 Taking account of all the above comments, it is recommended that the application be refused. 21 Application No: N/98/01579/FUL

Date Registered: 23rd. November 1998

APPLICANT: A.L. BANKIER, 27 BALCASTLE GARDENS, KILSYTH G65 9PR

Agent:

DEVELOPMENT: ERECTION OF DOUBLE GARAGE

LOCATION: SITE ADJACm THE CRAIGS, BANTON, KILSYTH G65 OQF

Ward No: 65 Grid: 27465 1 - 678865 File Reference: m Site History: 95/0014/PL: Erection of Dwelling (Outline) - Approved November 1995 N/97/00163/FUL: Erection of Dwelling - Approved March 1998

Development Plan: Kilsyth Local Plan 1983: Greenbelt (E.3) Kilsyth Local Plan Finalised Draft 1996: Greenbelt (GB1-4,6)

Contrary to Development Plan: No

CONSULTATIONS:

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

REPRESENTATIONS:

Neighbours: Banton & Kelvinhead Community Council Newspaper Advert: Not required

COMMENTS: The application is for the erection of a double garage at Meadowbank, adjacent to the Craigs, Banton Road, by Banton. The house is nearing completion with planning permission having been granted in March 1998 (N/97/00163/FUL). The site is in a semi-rural greenbelt location with open land to the west and east, mature trees to the north and semi- detached cottage to the south.

The originally proposed garage position was in the fiont garden. This resulted in serious concerns about the adverse affect on the amenity of the dwelling and the general area. An objection was lodged by Banton & Kelvinhead Community Council concerning the frontage position.

As a result of negotiation the garage has now been moved behind the front building line of the dwelling. There are no objections to this revised position although it is acknowledged that the double garage will stiII be a large and prominent building. The garage is to be served by a new access point. I-----Lochvi ew

Jrcducedby NORTH 'lanning and Development Deparimenl LANARKSHIRE dorthem hwsion PLANNING APPLICATION NO: 98/01579/FUL @ :cm Way ERECTION DOUBLE GARAGE COUNCIL AMBERNAULD OF 357 IDZ THE CRAIGS, BANTON R~~lodmd~mheOrMMssS~eyrnamngwEh A me penmlsion of IhB COntmiier 01 brMqes1Yr NS7478 SLal~~omos0Cr~nmp)nghl rdephme0123 6164~Fax. 01236 61M20 '"250 ulvl~m~meare~mducl~ninmnperCmnnm~~9n: Thfs copy has been produced specdicallyfor Planning and Bulldlng Control purposes only anl may lead to 01018(11110n or civil woC88dyIEs X Licence LA 043411 No further copies may be made 23 -2-

It is considered that the revised garage position is acceptable and as such it is recommended that permission be granted.

RECOMMENDATION Grant planning permission 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 & Country Planning (Scotland) Act 1997

That before the development hereby permitted starts, an improved plan of scale 1:200 or similar shall be submitted to, and approved in Writing by the Planning Authority, including any modifications as may be required.

Reason: To define the permission.

3. 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 safeguard the residential amenity of the area.

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

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

5. That before the development hereby permitted starts, a scheme of landscaping for the banking area shaded green on the approved plan shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and shall include a scheme of tree and shrub planting, incorporating details of the location, number, variety of and size of trees and shrubs to be planted.

Reason: To safeguard to amenity of the adjoining right of way.

6. That wihone year of the occupation of the garage hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 5 above, shall be completed, and any trees, shrubs or areas of grass which die, are removed, damaged, or become diseased within two year of the completion of the development shall be replaced within the following year with others of similar size and species.

Reason: To safeguard to amenity of the adjoining right of way.

7. That the proposed works shall not adversely affect the drainage or surface of the adjacent right of way.

Reason: In the interests of effective usage of the adjacent right of way.

8. That/ 24

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

Reason: To protect statutory undertakers appiratus.

List of Background Papers:

Application form and plans Planning Approval N/97/00I63EUL for erection of dwelling approved March 1998 Kilsyth Local Plan 1983 Kilsyth Local Plan Finalised Draft 1996 Consultation letters from East of Scotland Water and West of Scotland Water Consultation memo from Transportation Manager. Letter of objection from Banton & Kelvinhead Community Council, clo Mrs. S. Wilson, 9 Valleybank, Banton, Kilsyth G65 ORH.

Any person wishing to inspect these documents should contact Martin Dean on 0 1236-6 16459

Comaps98/980 1579F4mh/MDlJK 25

Application No: Nl98/0 161 WUL

Date Registered: 11 th December 1998

APPLICANT: MAURICE W KING, PARKLANDS, STATION ROAD, SLAMANNAN, FK13BQ

Agent:

DEVELOPMENT: SITING OF A MOBILE SNACK BAR

LOCATION: DRUM MAINS PARK ROAD, CUMBERNAULD

Ward No: 61 Grid: 271 161-673442 File Reference: GLA Site History:

Development Plan: Zoned as “Marketable, Reserved and Proposed IndustrialA3usiness” in the Cumbemauld Local Plan (1993)

Contrary to Development Plan: NIA

CONSULTATIONS:

Objection: No Objection: No Reply: Conditions: Environmental Services

REPRESENTATIONS:

Neighbours: None Newspaper Advert: None

COMMENTS: The applicant seeks planning permission for the siting of a hot food snack bar on the public road at Drum Mains Park, Orchardton Woods, 40 metres east from Volex’s service entrance. The site is covered by the Policies IB 3,4,7C - Marketable, Reserved and Proposed Industrial/Business which is defined in the Cumbemauld Local Plan (Adopted November 1993). The snack bar is to be a mobile vehicle which will be moved daily. There were no objections received from any neighbours notified or persons consulted. Environmental Services have no objections to the application as proposed, subject to the applicant being registered with this Authority in terms of the Food Premises (Registration) Regulations 1991 and being granted a Street Traders Licence by this Authority in terms of the Civic Government (Scotland) Act 1982. The Transportation Manager recommended that the consent be on a temporary basis only, the snack bar must be relocated as required by the Planning Authority if works are to be carried out and finally there must be no signage advertising the mobile snack bar on the public road or footway.

18th December 1999

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The temporary consent would allow the Planning Authority to retain effective control and to monitor the impact of the development on traffic and amenity. I would therefore consider it appropriate to grant a consent for a limited period.. It would also be appropriate to impose the other conditions recommended by the Transportation Manager in the interests of public safety and to allow necessary road works to be done as required. At present the snack bar would be in a suitable location, it does not conflict with Local Plan Policy and it does not have an adverse effect on the amenity of the area. With regard to these issues, I hereby recommend that planning consent is granted subject to conditions.

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

1. That the permission hereby granted is for a temporary period and shall expire on 17 March 2000.

Reason: To enable the Planning Authority to retain effective control and to monitor the impact of the development on traffic, in the interests of public safety, and on the amenity of the area.

2. That the snack bar shall be relocated as required by the Planning Authority when works are to be carried out on the public road or highway.

Reason: To enable the Planning Authority to retain effective control

3. That there shall be no signage advertising the mobile snack bar on the public road or footway.

Reason: In the interests of traffic and pedestrian safety.

List of Background Papers:

Planning Application Forms and Plans registered 1lth December 1998. Cumbemauld Local Plan (Adopted November 1993) Consultation Response from Environmental Services dated 30th December 1998.

Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478.

18th December 1999 Application No: N/98/0 1673/FuL

Date Registered: 9 December 1998

APPLICANT: MR JOHN RUSSELL 4 SECOND AVENUE STEPPS GLASGOW G33 6JS

Agent: DEVELOPMENT: FORMATION OF DORMER WINDOWS TO FRONT AND REAR OF THE PROPERTY

LOCATION: 4 SECOND AVENUE, STEPPS

Ward No: 66 Grid Reference: 264952 667958

File Reference: MT

Site History: Development Plan: Strathkelvin District(S0uthern Area) Local Plan 1983 Policy EPRO 6 - Areas Unaffected by Specific Proposals, Policy EPRO 7 - Development Control wibResidential Areas. Northern Corridor Local Plan (Consultative Draft) 1998 Policy HG6 - House Extensions

Contrary to Development Plan: No

CONSULTATIONS: Objection: No Objection: Conditions: No Reply:

REPRESENTATIONS: Neighbours: Newspaper Advert: Not required

COMMENTS: The application under consideration proposes the creation of dormer windows to the front and rear of the property.

Policy EPRO 7 of the Strathkelvin District (Southern Area )Local Plan states that dormer extensions should not in practical terms result in the creation of a flat-roofed dwelling with an additional storey or adversely disturb the proportions of the existing dwelling or detract fiom the street scene. Th~sguidance is restated within the emerging consultative draft of the Northern Corridor Local Plan. It is intended that dormer windows be designed in such a way as to compliment the character and appearance of the existing dwelling and to appear as an integral part of the existing house. In th~scase however the dormers are poorly designed and would, if constructed, detract from the appearance of the existing house and fiom the street scene. A request to the applicant to modify the design has failed to acheve an amended submission and therefore in ‘ra%md by lanning and Development Deparlment PUNNING APPLICATION NO: N/98/1673/FUL NORTH lomiem Dnsion FORMATION OF DORMER WINDOWS TO FRONT AND rcn Way UMBERNAULD REAR OF THE PROPERTY AT 67 1DZ 4 SECOND AVENUE, STEPPS Remama horn be OmnMm Swey rnamng wan eiephcne 01236 616403 0126 ne ~~m~ssmnofin~COK~~I~~OIIWM~~~SI~~ Fax 61M20 1‘1 SmiOmvonos mcrorn mp*m 250 unmrn-eo repmYctDn mmmS cmnnmPinOhl 6 Licence LA 09341 L I No further copies may be made wm maylea0 10 PToshUtnn 0, ClW P’cccsedngr 30 accordance with local plan policy it is recommended that permission be refused.

RECOMMENDATION: Refuse for the following reasons:-

1. The proposed dormer windows would be contrary to the terms of Policy E.PRO 7 (iii) of the Strathkelvin District (Southern Area) Local Plan which states that “Dormer window extensions...which would adversely dsturb the proportions of the existing dwelling or detract from the street scene, will be generally opposed.”

2. In the interests of amenity in that the proposed dormers, by virtue of their size and height would dominate the roof of the dwellinghouse creating the appearance of a flat roofed two storey property. Additionally, the proposed fish is such that the dormers would appear poorly integrated with the existing dwellinghouse and would detract from its appearance.

3. The proposal if approved would result in further applications for similar developments which would be unacceptable for the reasons stated above and whch would cumulatively reduce the quality of the built environment withm the area.

Background Papers: Application Form and Plans Strathkelvin District(Southem Area) Local Plan 1983. North Lanarkshire Council Northern Corridor Local Plan consultative draft 1998.

Any person wishmg to inspect these documents should contact Moray Thomson at 0 1236 6 16463. 31

APPLICATION NO. N/98/01673/FUL

1.0 PROPOSAL AND SITE

1.1 The application proposes the erection of front and rear dormer windows at 4 Second Avenue, Stepps

1.2 Policy EPRO 7 of the Strathkelvin District Southern Area Local Plan states that dormer extensions should be satisfactorily integrated both visually and physically and should not dominate the existing dwellinghouse or neighbouring properties. This policy is restated within the emerging local plan the North Lanarkshire Council Northern Comdor Local Plan (Consultative Draft) of 1998.

2.0 DISCUSSION AND CONCLUSION

2.1 Local plan policy seeks to ensure that dormer extensions do not dominate the existing roof but allow it to remain the main feature of the building. To th~send dormers should be constructed below the ridge line and within the hip of the existing roof and in addition set back from the wall head. As with any addition, care should also be exercised to ensure that the hshes match those on the existing house.

2.2 The extension under consideration fails to accord with local plan policy. In particular, the scale, form and finish of the dormers are incompatible with the existing property creating an overdominant appearance and failing to acheve a satisfactory level of visual and physical integration. In particular, the dormers as proposed would exqend to the ridge of the existing house, beyond the existing hips and at the rear in particular, extend close to the wallhead. Overall therefore the dormers would adversely disturb the proportions of the existing dwelling, detracting from its appearance and that of the streetscene.

2.3 The applicant has been requested to amend the drawings in an attempt to overcome the shortcomings referred to and to provide an accurate and consistent set of drawings. To date however none has been received. It is considered that the development as proposed is unacceptable and accordmgly permission should be refused. 32

Application No:

Date Registered: 18th. December 1998

APPLICANT: MR. GORDON DONALD & MRS. ANN LOUISE DONALD, 22 LOMOND COURT, CONDORRAT, CUMBERNAULD G67 454

Agent: Barton & Hendry Solicitors, Fleming House, Tryst Road, Cumbernauld G67 1JW

DEVELOPMENT: CHANGE OF USE OF PUBLIC OPEN SPACE TO PRIVATE GARDENGROUND

LOCATION: AREA ADJACENT TO 22 LOMOND COURT, CONDORRAT, CUMBERNAULD

Ward No: 60 Grid: 274169 - 673233 File Reference: Site History: Confirmed by residents as a toddlers’ play area constructed by Cumbernauld Development Corporation and equipment removed by same organisation on grounds of safety.

Development Plan: Cumbernauld Local Plan (1993)

Contrary to Development Plan:

CONSULTATIONS:

Objection: No Objection: Transco, West of Scotland Water, East of Scotland Water, Leisure Services, Transportation Manager (Northern No Reply: Scottish Power Conditions:

REPRESENTATIONS:

Neighbours : Six letters of objection from neighbouring residents Newspaper Advert:

COMMENTS: This application proposes the change of use of an area of public open space adjoining the applicant’s property to private garden ground. The proposed site will require to be enclosed with matching fencing to that of the existing in terms of height, design and colour.

Objections to the proposal have been submitted by six residents nearby concerned about the potential loss of an informal “play area” for their children, and these issues are dealt with in the accompanying report.

Indications1 N/98/001712/FUL Produced by MR G DONALD NORTH I Plannina and DeveloDrnent Deoartmenl N 22 LOMOND COURT.CONDORRAT @ LANARKSHIRE CUMBERNAULD COUNCIL CHANGE OF USE OF PUBLIC OPEN SPACE -_- TO PRIVATE GARDEN GROUND OBJECTOR Telephone 01236 3616400 Fax 01236616420 * - 1:1250 This copy has been produced speclftcaily for Planning and Bulldtng Control purposes only OS Licence Le. 09041L , No further copies may be made 34

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Indications are that it may have been a formal play area at one time before the equipment was removed by Cumbemauld Development Corporation as the tarmacadam surface would not have been an acceptable surface for a play area.

Leisure Services Play Services Manager has indicated that the area is not suitable for future play area provision due to the close proximity of Lomond Drive and that the existing surface material is dangerous to users. West of Scotland Water and Transco have indicated the presence of their apparatus close to and within the site boundary although neither Company have objected to the proposal.

After careful consideration and taking into account the comments of Leisure Services, and their concern over safety by formally . recognising the site as a play area, I would recommend that the application is granted subject to the applicant enclosing the area with a 1.8m high fence which matches the existing in terms of design and colour.

RECOMMENDATION: Approve 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 garden ground shall be enclosed with a 1.8m high fence which matches the existing fence in terms of design and colour and is erected along the boundary marked green on the approved plan.

Reason: To define the use of the land and in the interests of the visual amenity of the area.

List of Background Papers:

Application form and plans Cumbemauld Local Plan (Adopted 1993) Consultation responses from Transco dated 12th. January 1999; East of Scotland Water dated 11th January 1999; West of Scotland Water dated 8th January 1999 and Leisure Services Department dated 21st January 1999

Letters of objection received from Mr.G Strachan,lO Lomond Court,Condorrat dated 23rd December 1998; Mr.& Mrs.Burns,8 Lomond Court,Condorrat dated 4th January 1999; Mr.& Mrs.Gizzie,24 Lomond Court,Condorrat undated; The Occupier, 6 Lomond Court, Condorrat, dated 6th January 1999 and a Joint letter of objection received from occupiers of nos.14 & 16 Lomond Court,Condorrat dated 6th Jan.1999

Any person wishing to inspect these documents should contact Kevin Lawlor on 01236-616476

Comaps981980171 2Flrlmhlkpllj k 3

APPLICATION NO: N/98/01712/FUL

1. SITE AND PROPOSAL

1.1 The application is for the change of use of an area of public open space which is in the ownership of the Council, to private garden ground.

1.2 Directly adjacent to the applicant’s property, this hard surfaced area would be enclosed with a 1.8 metre high fence matching the existing in terms of design and colour.

1,3 The site lies within an area zoned as Residential within the Adopted Cumbemauld Local Plan (1993).

2. CONSULTATIONS AND OBJECTIONS

2.1 Summaries of consultation responses are as follows:-

Public Utilities: no objections to the proposal although West of Scotland Water and Transco have indicated the presence of their apparatus close to or within the site boundary. Leisure Services: confirm that although the site was probably a toddler play area in the past, the equipment would have been removed by Cumbemauld Development Corporation as the surface material was dangerous. They also have no intentions of re-developing the site as a play area due to the close proximity of Lomond Drive/Condorrat Ring Road and that adequate play provision is available at the central play area in Maree Drive, Condorrat.

2.2 Letters of objection have been received from six nearby residents. Their complaints are listed below:-

(i) Loss of playing area for small children (ii) Affect on the amenity of the immediate area (iii) Unsuitable area for garden ground (iv) Noise and disturbance during conversion to garden ground.

3. OBSERVATIONS

3.1 With regard to the objections submitted I would reply as follows:-

Item (i) It is considered by Play Services Manager that the site’s close proximity to the Main Road links is unsuitable for recognition as a play area, and that the existing surface is considered dangerous in this regard. They will not be resurrecting this site as a play area although it is recognised that it did exist in the past.

Item (ii) The enclosure of the proposed site in matching fencing to that of the existing, in terms of height, design and colour is not considered to be a detrimental issue and the enclosed area is a small portion of ground removed from this area of open space, the remainder of which is mature planting.

Item (iii) A number of the objectors suggested that other land should be offered for additional garden ground. The only possible area that could be considered would be to remove the structure planting to the rear of the occupier’s garden. This is not viewed as acceptable and would create a large gap in a mature screen which acts as a buffer between the residential edge and the town distributor road serving Condonat District.

Item (iv)/ 36

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Item (iv) It is expected that a period of noise will exist when the applicant is removing the existing tarmacadam surface, but this short-term problem is not considered sufficient to warrant refusal of the proposal.

4.0 CONCLUSION

4.1 Taking into account the comments of Leisure Services and the point of view that the Council have no intentions of recognising the site for play purposes on the grounds of safety and adequate provision elsewhere, and also carefully addressing the issues raised by the applicant’s neighbours, I do not : consider that the Council can sustain a refusal of the application and would therefore recommend that planning permission is granted subject to conditions. 37

Application No: N/98/0 1734/FUL

Date Registered: 6 JANUARY 1998

APPLICANT: MR AND MRS T HARVEY 117 CUMBERNAULD ROAD STEPPS G33 OEX

Agent:

DEVELOPMENT: ERECTION OF DWELLING (IN OUTLINE)

LOCATION: SITE ADJACENT TO 65 MOUNT HAFUUET DRIVE

Ward No: 66 Grid Reference: 2663 16 669064

File Reference: PW

Site History: Strathkelvin.District Council: Outline Consent for 1 no dwelling refused 6.5.76 (TP/76/157) Outline Consent for 1 no dwelling refused 16.12.88 (TP/88/547) Outline Consent for 1 no dwelling refused 14.8.91 (TP/91/30).

Development Plan: Strathkelvin District (Southern Area) Local Plan 1983 Policy E.PR02 Greenbelt Strathkelvin District Local Plan(Fina1ised Draft) 1995 Policy EP 12 Greenbelt Northern Corridor Local Plan (Consultative Draft) 1998 Policy ENV 8-14 Greenbelt

Contrary to Development Plan: Yes

CONSULTATIONS:

Objection NLC Leisure Services No Objection: Conditions: No Reply:

REPRESENTATIONS: Neighbours: 4 Letters of Representation Newspaper Advert: 1 Letter from Stepps and District Community Council

COMMENTS Thls application seeks approval in outline for the erection of a dwelling on a site adjacent to 65 Mount Hamet Drive, Stepps. The site falls withm the designated greenbelt withm the Strathkelvin District (Southern Area) Local Plan of 1983 whch remains, for the present, the adopted local plan. I 1 I!llllllliillllil!lillll!lllll!lllllll!ll

P16Z 39 The emerging Strathkelvin District Local Plan (Finalised Draft) of 1995 and more recently, the North Lanarkshire Council Northern Corridor Local Plan (Consultative Draft) of 1998 both recopse the greenbelt characteristicsthe site possesses and maintain the site’s designation within the greenbelt.

The representation received fiom Stepps And District Community Council refers to the proposal being contrary to green belt policy and if the application was approved, it would lead to an undesirable precedent being set to the detriment of the Local Plan process.

RECOMMENDATION: Refuse for the undernoted reasons:-

1. The proposed house would be contrary to Policy E.PR0. 2- Green Belt of the Strathkelvin District (Southern Area) Local Plan whch states that:

“within this area there shall be an absolute prohibition of all new developments or changes of use unless shown to be in the interests of agriculture, forestry or outdoor recreation and providing that no damage to rural amenity results.”

2. The applicant has not stated that any of the land to which the application relates constitutes or forms part of an agricultural holding and has therefore not provided any relevant justification for ovemdmg the local plan policy referred to in the foregoing reason for refusal.

3. In the interests of rural amenity in that the proposal will undermine the integrity of an established tree belt covered by a Tree Preservation Order, whch contributes to the landscape setting of Stepps.

4. To accord with the terms of previous decisions to refuse permission for the erection of a dwellinghouse on the site most recently in 1988 and 1991 since when there has been no material change in circumstances.

5. The proposal, if approved, would set an undesirable precedent as it would be likely to encourage further applications for similar developments within this area of high development pressure which would be unacceptable for the reasons stated above, the cumulative effect of whch would be likely to seriously undermine the Council’s green belt policy.

NOTES: Should it be the decision of the Council to grant planning permission, the application will require to be notified to the Secretary of State as a significant departure from the provisions of an Adopted Local Plan under the terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 19s7. 40

Background Papers: Application Form and Plans. Strathkelvin District(Southern Area) Local Plan 1983. Strathkelvin District Local Plan (Finalised Draft) 1995. North Lanarkshire Council Northern Corridor Local Plan Consultative Draft 1998. Letter from Mr G Campbell of 60 Mount Harriet Drive Letter from Mr J T McGregor of 65 Mount Harriet Drive Letter from Mr H J Logan of 58 Mount Harriet Drive Letter from Mr D Adie of 62 Mount Harriet Drive Letter from Stepps and District Community Council Any person wishing to inspect these documents should contact Paul Williams at 01236 616464. 41

APPLICATION NO: N/98/01734/FUL

1. SITE AND PROPOSAL

1.1 This application seeks approval for the erection of one dwelling in outline on a site adjacent to 65 Mount Haniet Drive, Stepps

2. CONSULTATIONS AND REPRESENTATIONS

2.1 Summaries of consultation responses are as follows:-

Four letters of objection: These letters were received from neighbouring properties and all objected to the proposal. the objections were on the grounds that the site is within the Greenbelt and if developed it would set an undesirable precedent which would lead to the destruction of the rural character and ambience of the Village.

Stepps & District Community Council: The Community Council also objected on the grounds that the site is within the Greenbelt and if the application was approved would set an undesirable precedent. The Community Council also expressed concern that a Tree Preservation Order exists within the site.

3. DISCUSSION AND CONCLUSION

3.1 Three applications in 1976, 1988 and 1991 for the erection of a dwelling in outline on the site have previously been rehsed consent on the grounds that the site lies within the Greenbelt.

3.2 The Southern Area Local Plan which remains, for the present is the Adopted Local Plan against which the application must be assessed. The application site is located within the designated Greenbelt in this Local Plan. The wording of Policy E.PR02 is clear and requires two tests to be satisfied before the presumption against development can be overcome. The first is that the proposal is in the interests of agriculture, forestry, or outdoor recreation, the second refers to the impact upon rural amenity. The applicant has not stated that any of the land to which the application related constitutes part of an agricutlural holdmg and has therefore Eailed to provide any relevant justification for overriding Local Plan policy E.PR02. The proposal to erect a dwelling is clearly inconsistent with the terms of the policy.

3.3 Additionally, in terms of Greenbelt policy, the question of rural amenity must be addressed with respect to any development. The current undeveloped nature of the site and the fact that the southern part of the site comprises part of a treebelt which is covered by a Tree Preservation Order, in conjunction with its location on the edge of open countryside, contributes to the landscape setting of Stepps, one of the main objectives of Greenbelt policy. The physical intrusion resulting from the erection of a dwelling and the loss of a tree, notwithstanding the questionable health of the tree, are factors which individually and cumulatively are inconsistent with the objectives of Greenbelt policy.

3.4 The Greenbelt designation of the site is maintained within the finalised draft of the Strathkelvin District Wide Local Plan and more recently withm the North Lanarkshire Council Northern Corridor Local Plan (Consultative Draft) of 1998.

3.51 42

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3.5 Consistent application of robust Greenbelt policy is vitally important if the continued significant development pressure is to be resisted and the public’s faith and confidence in both the permanence of Greenbelts and the development control system is to be maintained. Greenbelt policy and in particular the formal inclusion of the application therein has widespread public support, evidenced through the recent publicity and consultation process associated with the Northern Comdor Local Plan. The importance of the Greenbelt to the public can be seen from the terms of the representation fiom the Community Council. To grant planning permission for the proposed dwelling at this site, would undoubtedly put Greenbelt policy at risk and create a most concerning precedent.

3.6 Section 25 of the Town and count^^ Planning (Scotland) Act 1997 requires that the decision on any : application be made in accordance with the development plan unless material considerations dictate othenvise. In this instance policy justifies a refusal of the application.

3.7 Taking account of all the above comments, it is recommended that the application be refused.

Comaps98/9801734F/pw/jWSmh 43

Application No.: N/99/00047/FUL

Date Registered: 1lth January 1999

APPLICANT: WILLIAM HILL ORGANISATION LTD, 15 MARK LANE, LEEDS, LS18LB

Agent: Basil Parylo, 15 Mark Lane, Leeds, LS1 8LB

DEVELOPMENT: PROPOSED EXTERNAL STAIRCASE & ALUMINIUM SHOPFRONT AND DOOR.

LOCATION: 8 CLYDE WALK TOWN CENTRE CUMBERNAULD G67 1BH

Ward: 58

Grid Reference: 275814 674389

File Reference: N/99/00047/FUL

Site History: N/98/01051/FUL Change of Use to Class 2 Approved 30th September 1998

Development Plan Cumbernauld Local Plan Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East Of Scotland Water West Of Scotland Water British Gas Transco Conditions: No Reply:

REPRESENTATIONS: Neighbours: One Letter of Objection from a Notified Neighbour Newspaper Advertisement: Not Required

COMMENTS: The applicants were granted planning permission for the change of use of this unit within the town centre to Class 2 (Financial, Professional and Other Services) on the 30th September 1998. In order to provide adequate means of escape from the premises they now propose to erect a small extension to provide a stairway to ground level at Tryst Road. One letter of objection has been submitted by a notified neighbour.

RECOMMENDATION: Grant, subject to the following conditions:

1. That the development hereby permitted shall be started

within five years of the date of this permission.

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

2. That before the development hereby permitted starts, full details of all facing materials to be used on the external walls 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 this aspect in detail and in the interest of the amenity of the town centre building.

Background Papers: Application form and plans received 1 lth January 1999 Letter dated 27th January from British Gas Transco Letter dated 28th January from East Of Scotland Water Letter dated 11th February from West Of Scotland Water Cumbemauld Local Plan 1993 Letter of Objection dated 18th January 1999 from James Ban, Chartered Surveyors on behalf of The Post Office.

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. 46

APPLICATION NO. N/99/00047/FUL.

REPORT

1. DescriDtion of Site and Proposal

1.1 The site comprises a unit within the town centre building which is accessed from the main mall level at Clyde Walk and links via an internal stair to the level below, where the main operational floorspace of the unit is located. A Change of Use to Class 2 was granted planning permission on the 30th September 1998. For structural reasons the applicants were unable to implement their original proposal for the provision of a means of escape from the lower level of the unit. They now propose to erect an enclosed external staircase linking down to Tryst Road level.

2. DeveloDment Plan

2.1 The town centre is covered by policies SH1 and SH8 in the Cumbemauld Local Plan which aim to retain the town centre in predominantly retail use and direct new retail development towards established retail areas.

3. ReDresentations and Consultations

3.1 British Gas Transco, West of Scotland Water and East of Scotland Water all made no objections to the proposals.

3.2 One letter of objection was received from a notified neighbour. The objector considers that the proposed staircase may impede customers and shoppers and is concerned that the visual amenity of the shopping front would be affected.

4. Planninp Assessment and Conclusions

4.1 It is difficult to envisage any adverse effect on access for customers or shoppers. The extension does not impact on the existing mall. At Tryst Road Level it is supported on four pillars over an existing paved area which is not heavily used by pedestrian traffic.

4.2 Whilst the original design of the extension was fairly basic in terms of attaching a brick-clad box to the elevation, amended plans of improved design have now been submitted. The current proposal will result in an improvement to the overall appearance of the elevation and I would therefore recommend that planning permission be approved. Application No: N/99/0008 3 /FUL

Date Registered: 4th February 1999

APPLICANT: JOHN SUTHERLAND, 8 GREEN BANK ROAD, BALLOCH, CUMBERNAULD, G68 9BY

Agent Triangle Building Consultants Ltd, 17 Livingstone Terrace, Redding, Falkirk, FK2 9TU

DEVELOPMENT: EXTENSION TO DWELLINGHOUSE.

LOCATION: 8 GREEN BANK ROAD BALLOCH CUMBERNAULD G68 9BY

Ward: 55

Grid Reference: 274373 674869

File Reference: N/99/00083/FUL

Site History: No Applications of Relevance

Development Plan Cumbemauld Local Plan Contrary to Development Plan: No

CONSULTATIONS:

Objection: No Objection: East Of Scotland Water West Of Scotland Water British Gas Transco Conditions: No Reply:

REPRESENTATIONS:

Neighbours: Two Letters of Objection from a Notified Neighbour Newspaper Advertisement: Not Required

COMMENTS: The applicants propose to construct an additional room to the rear of this single storey dwelling. The extension is designed to suit the existing dwelling and will add approximately 22 square metres of extra floorspace. One objection from a neighbouring property has been received as a result of the neighbour notification process. No adverse consultation responses were received.

RECOMMENDATION: Grant, subject to the following conditions:-

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

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

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

Reason: In the interest of the amenity of the building and the residential area.

Background Papers: Application form and plans received 27th January 1999 Letter dated 15th February from British Gas Transco Letter dated 16th February from West Of Scotland Water Letter dated 22nd February from East Of Scotland Water Letters of Objection dated 3rd February 1999 and 4th. March 1999 from John M Reid, 14 Green Bank Road, Balloch, Cumbernauld Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Mary Stewart at 01236 616473. 50

APPLICATION NO. N/99/00083/FUL

REPORT

1. DescriDtion of Site and ProDosal

1.1 The application site is a single storey dwelling within a residential area of Cumbemauld. The applicants propose to extend the property by adding an additional bedroom to the rear of the existing house,. A small conservatory extension has already been added under permitted development regulations.

2. Development Plan

2.1 The property is covered by Policy HG4 in the Cumbemauld Local Plan which states that the existing residential character and amenities are to be protected.

3. Reoresentations and Consultations

3.1 British Gas Transco, West of Scotland Water and East of Scotland Water all made r objections to the proposals.

3.2 A neighbouring proprietor submitted two letters which objected on the grounds that the extension would overshadow his garden, obstruct his view and adversely affect the future saleability of his property. The single storey extension is 4 metres away from the boundary between the two properties and a totaI of approximately 10 metres from the rear of the objectors house. The objectors garden also sits over 1 metre above the applicants garden area and the extension would sit behind the existing conservatory when viewed from the objectors property.

3.3 Whilst the extension is likely to have a limited effect on the objector’s view, this would not provide a basis for a refusal of planning permission. Particularly as the proposed extension will only extend 1.6 metres beyond, and between 1.6 metres and 2.0 metres above, the existing conservatory. Given the differences in the levels of the two gardens, the distance from the extension to the objectors garden boundary, and that it is a single storey structure, with a pitched roof, no higher than the existing house, I do not consider that there will be any significant increase in the level of overshadowing experienced by the objector. In addition, consider the extension to have been sympathetically designed and that it should not have significant impact on the amenity of the adjacent houses or the neighbourhood.

4. Plannine Assessment and Conclusions

4.1 The proposed extension is of an acceptable size and design in relation to the existing property and the size of the plot and will not adversely affect surrounding properties to any significant degree.

4.2 In light of the above I would recommend that planning permission be approved. 51

Application No: N/99/001 08FUL

Date Registered: 28th. January 1999

APPLICANT: MR. A. NORRIS, 36 MELROSE ROAD, GREENFAULDS, CUMBERNAULD G67 4BA

Agent:

DEVELOPMENT: SITING OF MOBILE SNACK BAR

LOCATION: PARKING AREA GLENCRYAN BUSINESS CENTRE, 1I GLENCRYAN ROAD, CUMBERNAULD

Ward No: 58 Grid: 276434 - 673896 1 File Reference: GL Site History: No known site history

Development Plan: Zoned as existing industrialhusiness area to be retained in the Cumbernauld Local Plan

Contrary to Development Plan: N/A

CONSULTATIONS:

Objection: No Objection: Department of Environmental Services No Reply: Conditions:

REPRESENTATIONS:

Neighbours: No response Newspaper Advert: No response

COMMENTS: The applicant is seeking planning permission to site a mobile snack bar in a private parking bay at the front of Glencryan Business Centre.

The snack bar will be located off the public road and the Transportatior! Manager h2s not objected providing the applicant does not erect any advertising or directional signage. This can be covered by the imposition of a planning condition.

The snack bar will be located in an existing industrial area and in planning terms does not raise any amenity concerns. Indeed, the snack bar is likely to provide a useful service. Nevertheless, to allow the traffic and amenity impacts to be monitored and to retain an element of control it is recommended that a temporary consent be granted for a period of three years.

Recommendation/ --

Produced by N/99/00 I08/F U L 1 Planning and Development Department MR A NORRIS Northern Division 11 GLENCRYAN ROAD Bron Way CUMBERNAULD GLENCRYAN BUSINESS CENTRE G67 1DZ CUMBERNAULD 53

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RECOMMENDATION: Grant, subject to the following conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on 17th. March 2002.

Reason: To enable the Planning Authority to retain effective control in order to be able to monitor the traffic and amenity impacts of the snack bar.

2. That the snack bar shall be positioned so as only to take up one car parking space.

Reason: To ensure that only one car parking space is lost as a result of the development.

3. That except as may otherwise be agreed in writing by the Planning Authority, the servicing hatch shall face onto the cobbled area shaded in green on the approved plans.

Reason: To ensure that only one car parking space is lost as a result of the development.

4. That no signage advertising the mobile snack bar shall be placed on the public road or footway.

Reas o n : In the interests of traffic and pedestrian safety.

List of Background Papers:

Planning application forms and plans . Consultation responses from Environmental Services dated 8th. February 1999; Head of Protective Services dated 17th. February 1999 and Transportation Manager dated 19th. February 1999 . Cumbemauld Local Plan (Adopted November 1993)

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

Comapsi9900 108Fi4mhlj k 54

Application No. C/98/00638IMIN Date registered 30 April 1998 APPLICANT TARMAC HEAVY BUILDING MATERIALS, MILLFIELDS ROAD ETTINGSHALL, WOLVERHAMPTON, WV4 6JP

Agent Tarmac Quany Products Limited, Loaninghill, Broxbum, West Lothian, EH52 5NT DEVELOPMENT EXTRACTION OF HARDROCK MINERALS (RETROSPECTIVE) LOCATION AIRDUEHILL QUARRY, AIRDRIEHILL ROAD, AIRDRIE

Ward No. 43 Grid Reference 277933 - 667275

File Reference

Site History Planning permission 1791 was granted on 9 November 1972 for the erection of a concrete batching plant and for the production of tarred materials at the site.

Planning Permission for the winning and working of minerals was granted on 9 February 1988 (M85235). This planning permission expired on 31 December 1997.

Application No. M93539 was granted planning permission in October 1994 for an extension to the quarry.

Development Plan Policy MINI of the Strathclyde Structure Plan 1995 and policies GB1 and MIN3 of the adopted Monklands District Local Plan 1991

Contrary to Development Plan No

CONSULTATIONS

Objection Central Scotland Countryside Trust No Objection West of Scotland Water Authority, Conditions The Coal Authority, NLC Head of Environmental Services No Reply Scottish Wildlife Trust, Scottish Natural Heritage, SEPA, British Telecom

REPRESENTATIONS Neighbours None

Newspaper Advertisement One

COMMENTS The application has been submitted in order to extend the life of the previous planning permission which expired on 3 1 December 1997. The current applicants took over the operation of the site towards the end of 1997 and wish to extract a small amount of mineral that remains within the site. Work on extracting this mineral has recommenced and is on going at present.

The proposal complies with the policies of both the Local Plan and the Structure Plan and will involve the extraction of an area of minerals which is a small percentage of the overall site area. The proposals include the restoration of the site as well. It is recommended that planning permission for this continued extraction be granted subject to conditions. Also the permission is subject to the conclusion of any required amendment to an existing Section 75 Agreement and an increased bond to meet the site restoration requirements.

R9800638.DOC

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

- Plans and application forms submitted on 30 April 1998 - Strathclyde Structure Plan 1995 - Adopted Monklands District Local Plan I991 - Consultation response from West of Scotland Water Authority dated 8 June 1998 - Consultation response from Head of Environmental Services dated 17 May 1998 - Consultation response from The Coal Authority dated 19 June 1998 - Letter to applicant’s agent dated 6 August 1998 - Consultation response from Head of Protective Services dated 27 July 1998 - Letter from Landscape Architect appointed by the applicant enclosing restoration proposals dated 13 October 1998

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

R980063 8.DOC APPLICATION NO. C/98/00638MIN

REPORT

1. SITE DESCRIPTION AND PROPOSAL

1.1 The application site is an established quarry on the south side of Airdriehill Road, north of Clarkston in Airdne. The site has been in operation as a quarry for some time but the planning approval was most recently updated in 1985 with an extension to the quarry area approved in 1994.

1.2 The current planning application proposes to complete the extraction works within the extended area of the quarry and to undertake the restoration of the site.

2. POLICY CONTEXT

2.1 The application site is covered by policy MINl of the Strathclyde Structure Plan 1995. This states:

“The Regional Developmenr Strategy requires the identification and safeguarding of efective development opportunities to meet the prospective demand for sand and gravel, hardrock, coal, and other mineral resources with longer term development potential. ’’

2.2 The site is also covered by policies MIN3 and GB 1 of the adopted Monklands District Local Plan 1991.

2.3. Policy GBI relates to new development in the Green Belt and suggests that generally new developments will only be approved if related to a rural industry such as agriculture or forestry.

2.4 Policy MIN3, however, states “The Council will only permit extensions to existing working quarries where:

a) the site lies east of the A73(T)/A73 and within areas of Medium Quality, Low Quality or Devastated Landscape.

b) the site is more than 250 metres awayfiom the nearest part of Plains, Wattston, Greengairs, Caldercmix or Stand.

c) it would not involve the disturbance of any ecologically or environmentally important sites.

dj it would not compromise or conflict with any other policy or proposal in this Plan. ’’

3. REPRESENTATIONS

3.1 One letter of objection has been received from the residents of 26 and 28 Airdriehill Street, Airdne. They have expressed concern about the number of lorries going past their properties. They have previously experienced problems with noise, and dust and have complained to the ?slice regarding the speed of the vehicles.

4. CONSULTATIONS

4.1 Whilst a number of bodies have not replied to their consultation request, namely Scottish Wildlife Trust, Scottish Natural Heritage, SEPA and British Telecom, only the Central Scotland Countryside Trust has lodged an objection to the proposal. The objection is against the proposed restoration plans for the site. The view of the Trust is that the site should be restored for woodland and they are concerned about the long term management of the restored site.

4.2 West of Scotland Water Authority have no objections to the development whilst the Coal Authority and The Head of Environmental Services have suggested conditions for the site.

R980063 8.DOC 5. ASSESSMENT OF THE PROPOSAL

5.1 The application proposal is to continue the extraction of hard rock minerals from an extended area of the original site. In 1994 Planning permission was granted to extend the quarry to the east. This was on the basis that site operations ceased by 3 1 December 1997 and the site was restored within a further 2 months. By December 1997 the operations had not been completed and approximately 300,000 tonnes of hardrock material remained in the site. The site is owned by Shanks and McEwan but has been operated by different quarrying companies. The current applicants took over the operation of the site in December 1997.

5.2 Work has been ongoing to complete the extraction of the minerals from the site over the period that the application has been considered. However, part of the application involves the restoration of the site and it is important that this aspect of the development is satisfactorily concluded.

5.3 In assessing the proposal against the development plan policies I would acknowledge that the site does not fit in with the terms of policy GB1 of the Local Plan, in that it is not strictly related to agriculture or forestry. However, given that the site is currently operation and coming to the conclusion of its life I consider that policies MINl of the Strathclyde Structure Plan and MIN3 of the adopted Monklands District Local Plan 1991 are more appropriate.

5.5 The proposal meets all the criteria of policy MIN3 of the Local Plan outlined above and also accords with the thrust of policy MINl of the Structure Plan. I therefore consider that in planning policy terms the proposal is acceptable.

5.6 A point of concern with an operation of this nature is the affect it will have on neighbouring residential properties. There are two properties directly adjacent to the site and these will obviously suffer some loss of amenity through noise and disturbance, especially during blasting, through the operations of the site. I feel it is imperative that the amenity of these residents is protected as far as possible. I intend to recommend a series of conditions on the planning permission to ensure the disruption to the neighbours is minimal.

5.7 The objectors to the proposal do not live adjacent to the site but on the route from the site to the A73. When the site was operated previously they experienced difficulties with lorries running along the road unhapped. This caused a problem with dust in their homes. This is matter that is covered by the proposed conditions, that all vehicles should be happed when leaving the site.

5.8 They have also expressed concern about the number and speed of the vehicles coming to and from the site. The matter of the vehicles speed is of course governed by the Police. The number of vehicles coming to and from the site can be controlled by planning conditions. However, in this instance I do not consider such a condition to be appropriate. The extTaction operations that remain are fairly minor and the applicant has indicated in their application form that they would wish to operate from the site for no more than three years, with one year for restoration. I do not therefore consider the level of quany and consequent associated traffic to present a loss of amenity to these and the surrounding residents to merit rehsing the application.

5.9 The previous planning permission had a range of conditions that covered matters such as hours of operation, blasting, noise dust and so on. These conditions would be suitable in this instance.

5.10 The other aspect of this proposal is the restoration of the site. The previous operators of the site had a restoration plan prepared and approved for the site. This will obviously no longer apply since the previous operators are no longer in control of the site. Another aspect of this is the fact that there is a Section 50 Agreement (now Section 75 Agreement) in place covering the restoration of the site and a Bond has been lodged by the site owners, to a value of 230,000, also for the restoration of the site.

5.1 1 The Section 50 Agreement requires to be altered to take account of the new operators for the site and will be in the form of a Section 75 Agreement. The ownership of the site has incidentally not changed from the time the original Agreement was put in place. The Bond was also lodged by the current site owners, Shanks and McEwan. This therefore will remain in place and be able to be called upon by the

R9800638.DOC Council if necessary. It is, however, recommended that the Bond be increased to take account of the applicants current restoration proposals.

5.12 The restoration of the site will involve the leveling and cross ripping of the quarry floor. Top soil will then be imported and along with the existing topsoil and subsoil on the site will be spread over the quarry base to an average depth of 2.0m. This area will then be seeded with natural wild grasses and flora.

5.13 The top of the quarry face will be blasted to give a smooth edge and the resultant scree will be banked at the bottom of the quarry face to remove the severity of the quany walls. The existing sub-soil bunds that screen the site will then be folded over the quarry face and mixed with imported top soil. This will provide a suitable growing medium for the proposed shrub and tree planting around the edge of the existing quarry face.

5.14 Lastly, part of the quarry floor is below the current water table for the site. There is currently a body of water that lies in the south east corner of the site. It is proposed to install field drains within the new levelled quarry floor which will drain in this direction. The existing lagoon will be enlarged to reduce its overall depth and the shore will be formed by a shallow beach. The level of water will rise and fall dependent on the level of rainfall. This will provide a valuable wildlife interest in the site and should encourage the ecological growth of the restored site.

5.15 The Central Scotland Countryside Trust has objected to the details of this restoration plan and suggest that it would be more appropriate to increase the amount of woodland on the site. 1 am of the opinion that the restoration and subsequent maintenance and aftercare proposals that have been submitted are suitable and that the comments made by CSCT only offer an alternative way of restoring the site. Either way would be acceptable. However, I do not consider that the proposals shown are unsuitable and merit amending or refusing the scheme. The Countryside Trust are, however, in negotiation with the applicant with the possibility of carrying out restoration works. It is on their advice that I would recommend that the current Bond be increased.

5.16 The other statutory consultees have offered no objection to the proposal. The Coal Authority have indicated that there are previous underground workings and indeed opencast workings in the vicinity of the site. Therefore suitable investigative work and precautions should be taken by the developer. These matters have been attended to under previous proposal but I have attached an advisory note for the applicant to ensure that they are aware of the situation.

5.17 The Council’s Depament of Environmental Services are responsible for the legislation that covers the security fencing of such sites. They have asked that the developer take suitable measures to ensure that the site is secure at all times. Again this matter is covered by the planning conditions recommended.

6. CONCLUSIONS

6.1 Having assessed the matter against the relevant policies of the development plans I consider it to be acceptable in this regard. I have also taken account of the concerns of the objectors and do not consider that the residential properties adjacent to the site and in the vicinity will suffer any greater loss of amenity than when the quarry previously operated. Indeed with stringent monitoring of the planning conditions their residentia! zncnity should be improved. I also consider the restoration scheme put forward to be acceptable. I would therefore recommend that planning permission be granted subject to conditions.

R9800638.DOC C OND IT1ONS

1. That the operators shall at all times deal with the areas forming the subject of this permission in accordance with the provisions of the application, statement of intentions, plans submitted and Restoration Bond and the previous planning permissions M85235 and M93539, except as otherwise provided by this permission, and shall omit no part of the operations provided for herein, without the prior written consent of the local Planning Authority.

Reason: As these drawings constitute the approved development.

2. That notwithstanding condition (1) above, the operators and works hereby authorised shall be discontinued, any buildings and machinery removed by 9 December 200 1. Thereafter all works for the restoration of the site shall be carried out by 9 December 2002.

Reason: In the interest of the amenity of the site and the surrounding area as a whole.

3. That, if by reason of any circumstances not foreseen by the applicants, it becomes necessary or expedient during the continuance of the operations hereby permitted to amend or abandon any of the provisions thereof, the applicants or operators shall forthwith submit to the local Planning Authority an amended application, plans and statement of intentions, but shall adhere to and comply with the permission until such time as an amended application etc., have been approved by the said authority.

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

4. That within a period of two months from the termination of the operations hereby approved, or at such other times as the local Planning Authority may determine that any plant, machinery, buildings and foundations are no longer required for the purposes for which they were installed, such plant, machinery, etc., shall be removed from the site and the areas occupied by them rehabilitated to the satisfaction of the said authority.

Reason: In the interests of the amenity of the site and the surrounding area as a whole.

5. That with regard to any buildings and plant that may be required in addition to those indicated on the plans, a further application shall be submitted to the Local Planning Authority, together with the requisite detailed plans, and no such buildings and plant shall be erected or used until the permission of the local Planning Authority has been granted.

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

6. That the site shall be restored to a mixture of woodland, open ground and wetland to the satisfaction of the local Planning Authority.

Reason: In the interests of the amenity of the site and the surrounding area as a whole.

R9800638.DOC 7 That within twelve months of the development being completed or at a suitable earlier date, the scheme of planting for which the permission of the local Planning Authority has been obtained, shall be camed out in accordance with the approved plans, and thereafter, all such trees and shrubs shall be maintained and replaced where necessary to the satisfaction of the said Authority.

Reason: In the interest of the amenity of the site and the surrounding area as a whole.

8. That the site shall be completely and adequately fenced at all times in order ensure the security of the site and to prevent injury to livestock, all to the satisfaction of the local Planning Authority.

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

9. That the operators shall treat weeds on the site regularly to prevent them spreading.

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

10. That the operators shall comply with the following:-

(a) blasting shall only take place on one day per week (Monday to Friday) during the hours of 10.00 a.m. and 3.00 p.m., with adequate warning being given prior to each blast, and the method of warning shall be previously approved by the local Planning Authority and there shall be no blasting on Saturdays and Sundays, or any public holiday;

(b) peak particle velocity of any blast shall not exceed Smdsec. at any property;

(c) the operators shall provide suitable monitoring equipment at the site and such equipment shall be used to measure every blast, with the results and equipment available for inspection by the local Planning Authority;

(d) as far as reasonably practicable and within safe working practice, blasting shall not take place when there is a temperature inversion and advice shall be obtained from the Meteorological Office prior to each blast;

(e) all plant and machinery used on the site shall be silenced by the best practicable means and shall operate at all times so as not to cause noise nuisance, with nuisance being defined by North Lanarkshire Council's Head of Environmental Services;

(f) the best practicable means shall be taken to minimise the effects of dust and noise/air over pressure and the quietest detonation technique shall be used at all times in so far as they do not contravene any directive from H.M. Inspectorate of Mines and Quarries.

Reason: In the interests of the amenity of the site and the surrounding area as a whole.

11. That the final face remaining on the boundaries of the site shall be graded to the satisfaction of the local Planning Authority.

Reason: In the interests of the amenity of the site and the surrounding area as a whole.

R9800638.DOC 62

12. That, at the termination of quarrying operations or in the event of a proposal to abandon the quarry, the local Planning Authority shall be informed immediately and steps shall be taken to ensure that the quarry face is suitably graded and the access road to the quarry broken up, soiled and planted to the satisfaction of the local Planning Authority.

Reason: In the interests of the amenity of the site and the surrounding area as a whole.

13. That provision shall be made at all time to ensure that the site is adequately drained and, in particular, that the quarry floor is appropriately graded concurrently with the process of excavation.

Reason: In the interests of the amenity of the site and the surrounding area as a whole.

14. That within one month of the planning permission hereby granted planning permission the operators shall install suitable wheel cleaning equipment at the quarry and all heavy goods vehicles leaving the site shall have their wheels cleaned to ensure that no mud, slurry or other deleterious material is at anytime carried onto the public highway.

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

15. That the operators shall ensure that the maintenance and aftercare of the restored site is carried out in strict accordance with the approved aftercare plan approved as part of this application, unless otherwise approved in writing with the local Planning Authority.

Reason: In the interests of the amenity of the site and the surrounding area as a whole.

16. That the temporary access which has been used during the time that Airdriehill Road was closed to vehicular traffic shall not be used now or in the future, unless agreed in writing with the Local Planning Authority.

Reasons: In the interests of road safety at this locus.

NOTE TO COMMITTEE

No planning permission should be issued until the satisfactory conclusion of the Section 75 Agreement and a restoration bond

R9800638.DOC 63

Application No. C/98/0 1106/FUL Date registered 3 August 1998 APPLICANT MR W MCALLISTER, WHINRIGG FARM, STIRLING ROAD, RIGGEND, ML6 7SS Agent DEVELOPMENT FIRST FLOOR EXTENSION TO KENNEL ADMINISTRATION BLOCK TO FORM FLATTED DWELLINGHOUSE

LOCATION WHINRIGG FARM, RIGGEND, AIRDRIE

Ward No. 45 Grid Reference 276543670350

File Reference C/PL/RGS7285012000/GQ/KH

Site History On 21st October 1997 planning permission (C/95/608) was granted for the erection of dwellinghouse and various buildings associated with use of site as animal boarding kennels, at Whinrigg Farm, 501 Stirling Road, Riggend. At present, the establishment buildings are under construction, whilst a start is still to be made on the dwellinghouse.

Development Plan Under the Adopted Monklands District Local Plan 1991 the site lies within the designated greenbelt (Policy GBI).

Contrary to Development Plan Yes

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS Neighbours No response

Newspaper Advertisement No response

COMMENTS The applicant, Mr McAllister, of Whinrigg Farm, seeks planning permission for the creation of a flatted dwellinghouse on the first floor of the administration block of !he approved kenne! estalilishiiienr. The purpose of this residential unit is to provide permanent residential accommodation as supervision for the animal boarding business.

As already noted , planning permission (C/95/608 see above) was granted for both the animal boarding use and associated buildings and dwellinghouse. At that time, it was considered, in accordance with normal planning practice, that the dwellinghouse was acceptable within the greenbelt under the special circumstances of the need for support and continuous supervision of the operation. Indeed, in this regard, a Section 75 Agreement was agreed between the Council and Mr McAllister to ensure that any dwellinghouse built was strictly tied to the business.

In effect, through this current application, a second residential unit is being sought by the applicant. 64 65

In accordance with normal planning practice the need for this unit, like the first, requires to be justified by under greenbelt policy.

Therefore, with caution naturally being expressed over this additional proposal, the applicant was advised that a business plan would be required in support of this new proposal. The applicant, despite being advised of the importance of this requirement refused to provide the business plan, claiming that the existing information submitted in the previous application, including the business plan would be sufficient. In response, the Department reaffirmed that an enhanced business plan would be required demonstrating the need for 2 residential units as opposed to the single unit currently approved.

The applicant, through correspondence, and a meeting involving both himself and the local member, Councillor Cox, was fully informed of the Department’s position, but still refused to provide the enhanced business plan. Furthermore, he pressed that the application be processed on the basis of the existing information.

In a final letter to Mr McAllister it was confirmed that on the basis of the existing information a residential unit is required to support the business as borne out by the existing planning permission. Furthermore, it was put to the applicant that he would only be able to pursue one of the options i.e. the existing approved dwellinghouse which is still to be constructed, or the new proposed flatted unit relinquishing the said dwellinghouse.

Having had received no positive response, I have no option but to recommend refusal of the proposal on greenbelt policy grounds.

RECOMMENDATION

It is recommended that planning permission be refused for the following reason:

1. The proposal is contrary to Policy GB1 of the Adopted Monklands District Local Plan 1991 as the applicant has failed to demonstrate special circumstances that would justify a residential unit within the greenbelt. Specifically, the applicant has failed to demonstrate the need for an additional residential unit to the dwellinghouse previously approved under planning permission C1951608.

List of Background Papers

- Application form and accompanying drawings. - The Adopted Monk!and District Lam! ?!an 1891. - Previous planning permission C195608.

Any person wishing to inspect the above background papers should telephone Coatbridge 812381 and ask for Mr Quinn. 66

Application No. C/98/01480/FUL Date registered 28 October 1998 APPLICANT MR MTCKAEL HART, 16 ACADEMY STREET, COATBRIDGE.

Agent Mozolowsh and Murray, Unit 5, Bridgend Industrial Estate, K~NOSS.KY13 YER

DEVELOPMENT ERECTION OF CONSERVATORY LOCATION THE MINT, 16 ACADEMY STREET, COATBRIDGE.

Ward No. 34 Grid Reference 273196 665196

File Reference C/pL/00220/00 16/O/OOO/GPQ/ES

Site History None

Development Plan Adopted Local Plan: Policies COM4 (Town Centre Secondary Core Area) and ENVWl (Conservation Area)

Contrary to Development Plan No

CONSULTATIONS

Objection Historic Scotland, The Scottish Civic Trust No Objection The Coal Authority, Transco, West of Scotland Water Conditions No Reply

REPRESENTATIONS

Neighbours No Response

Newspaper Advertisement No Response

COMMENTS The applicant seeks planning permission to erect a conservatory on the front elevation of ‘The Mint’ public house at 16 Academy Street, Coatbridge.

Following assessment of the proposals, takmg into account all material planning considerations, including primarily the requirement to preserve the character of the conservation area, it is concluded that planning permission can be granted subject to conditions.

RECOMMENDATION

Grant, subject to the conmtions on the attached sheet.

R980 1480.DOC

List of Background Papers

Application Form and accompanying drawings. The Adopted Monklands District Local Plan 1991. The Memorandum of Guidance on Listed Buildings in Conservation Areas, 1998. Letter from Historic Scotland, dated 29th December 1998. Letter from Scottish Civic Trust dated 23rd December 1998. Letter from Transco dated 18th November 1998. Letter from Coal Authority dated 17thNovember 1998. Letter from West of Scotland Water dated 30th November 1998.

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12381 and ask for Mr Gerard Quinn.

R980 I480.DOC APPLICATION NO. C/98/01480/FuL

REPORT

1. INTRODUCTION

1.1 Planning permission is sought for the erection of a conservatory at 16 Academy Street, Coatbridge.

2. THE APPLICATION SITE

2.1 The property to which the proposals applies is the ground floor premises of a traditional two storey villa which, along with other neighbouring buildings, lies adjacent to Academy Street, within the northern part of Coatbridge Town Centre.

2.2 The premises are currently occupied and used as a public house, currently known as ‘The Mint’. The fust floor is currently in Class 4 office use.

3. POLICY CONTEXT

3.1 Under the Adopted Monklands District Local Plan 1991, the site lies within the established Blairhill and Dunbeth Conservation Area. (Policy ENvlYl). The property also lies within the Coatbridge Town Centre Secondary Retail Core Area (Policy COM 4).

3.2 Central Government policy and advice on conservation areas is principally enshrined within the Memorandum of Guidance on Listed Buildings and Conservation Areas, 1998.

3.3 Within this guidance, planning authorities are reminded, inter alia, of their statutory duties under Section 64 of the Planning (Listed Buildings and Conservations Areas) Act 1997, to have regard to the desirability of preserving or enhancing the appearance of Conservations Areas.

4. THE PROPOSALS

4.1 The applicant proposes to construct a single storey timber frame conservatory on the ground floor front elevation of the premises. The conservatory is proposed to project 3 metres, and extend over the main width of the frontage. The design of the conservatory is proposed to be plain in nature with narrow timber framing with the intention being to read as a “lightweight” timber structure subordinate to the main building. The conservatory would be designed with a lean-to style roof, with short hips, and would rise to a height of 4.9 metres (maximum).

Given the site’s location on a hill, the Conservatory would have various levels of underbuilding that would be finished in a colour to match the existing structure. The applicant also proposes that the underbuilding be enhanced, and “visually broken” by landscaping within perimeter planters.

As part of the proposals, the applicant also intends that the appearance of the original frontage would be visible through the conservatory. In this regard, the only alteration to the main frontage would involve the lowering of the centrally located window in order to create a doorway into the conservatory from the main public bar area.

5. CONSULTATIONS

5.1 Historic Scotland and The Scottish Civic Trust have provided comments on the proposals.

Historic Scotland

Historic Scotland advises that it has no locus on this particular application and is therefore unable to make any formal comments. Nevertheless, the Historic Buildings Inspectorate’s informal view is that the erection of a large conservatory such as that proposed is usually unacceptable on the front elevation of a building of merit. Historic Scotland also advise that on another elevation, however, the design and materials proposed might be acceptable.

R9801480.DOC The Scottish Civic Trust

The Trust express concern about the application for the following reasons

- The siting and design of the conservatory on the most prominent frontage of the building is unacceptable within the conservation area and townscape of Academy Street.

- a more suitable glazed enclosure could be sensively integrated into the space either side of the main facade.

The Trust therefore, object to the proposal in its current form.

6. ASSESSMENT

6.1 It is clear from site inspection that the building concerned is of fine traditional appearance with its attractiveness primarily coming from a plain and symmetrical frontage.

6.2 Although not listed, the building, along with other attractive villas on Academy Street, contribute to the character of this established conservation area.

6.3 In the planning assessment therefore, having regard to the statutory and policy provisions for conservations areas, caution must be exercised in the consideration of any form of alteration to this prominent front elevation.

6.4 The first step in the assessment process is to consider wither there are any alternative options for extension which would not affect the buildings frontage. Indeed, both Historic Scotland and the Scottish Civic Trust raise this issue in their respective responses. In this regard, various other options were discussed between the applicant and this Department with a view to achieving perhaps a solution involving a side or rear extension. Following detailed consideration, these other options were ruled out by the applicant on the grounds that they would neither be practicable , nor commercially viable.

6.5 With the applicant therefore not proposing any alternative, the consideration subsequently focuses on the issue of the impact of the proposals on the appearance of the building and, with particular relevance to the planning assessment, the issue of the impact on the character of the wider conservation area.

6.6 Initially, the applicant submitted proposal for a conservatory whose scale, design and materials were considered to be inappropriate and to have failed to pay regard to the appearance and attractiveness of the frontage. Indeed, the original proposal included polycarbonate roofing, excessive under building, the over provision of heavy members (ie. framing and glazing bars), decorative arch beading around windows, and projecting pediments from roof area. The accumulative effects of these features were considered to create a conservatory that would not fit in with the building, and would fail to safeguard sufficiently the appearance and attractiveness of the frontage.

6.7 As a result, following detailed negotiations, the applicant agreed to amend the proposal as follows:

- the lowering of the underbuilding by 0.5 metres, to allevate the building appearance.

- the introduction of landscaping within planters to break up the appearance of the underbuilding and to enhance the general appearanace of the conservatory.

- the removal of all projecting roof pediments, and window arch beading, to simplify the design.

- the introduction of narrow dimensions for glazing bars and framing, in order to create a more lightweight appearance.

- the removal of all synthetic polycarbonate roofing and the use of glass as an alternative, to increase the traditional appearance.

R9801480.DOC 6.8 It is accepted, through all of the efforts made by the applicant, that the amendments represent an improved proposal, which pays better regard to the traditional appearance and attractiveness of the building frontage. Indeed by providing a more lightweight and traditional appearing structure, the main frontage would still be visible, and would not be entirely lost from the appearance of the building. Nevertheless, it is considered that regrettably almost any structure, however traditional or well designed, would change and possibly impact to an extent on the current appearance of the building. The views of both Historic Scotland and the Scottish Civic Trust in this regard are hlly acknowledged and understood

6.9 However, this being the case, the planning assessment requires to consider the determining issue of whether the extent of change would have a detrimental effect on the character of the wider conservation area. In view of the amendments made, it is considered that the conservatory would not alter the appearance of the frontage to the extent of causing detriment to the character or the appearance of the surrounding conservation area. Accordingly, whilst the conservatory is not considered to be ideal, there would not be sufficient planning grounds upon which to refuse the proposal.

6.10 It is considered therefore that the application as amended should be approved subject to conditions.

7. RECOMMENDATION

7.1 It is recommended that planning permission is granted subject to the attached conditions.

R980 1480.DOC 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. The development shall be implemented strictly in accordance with the amended drawings (Nos 6903-2,3,and 4 Revisions A)

Reason: In order to retain effective control over the impacts of the development

3. All external timber parts of the conservatory shall be finished in microporous paint, colour " Trust Green", as indicated in the sample submitted by the applicant

Reason: In order to safeguard the external appearance of the original building

4. All underbuilding shall be finished in smooth cement render and in a colour to match the external colour of the original building

Reason: In order to safeguard the external appearance of the original building

5. With the exception of the central lower floor window, the entire frontage of the original building shall be left intact and shall not be altered in any manner without the prior written approval of the Planning Authority

Reason: In order to safeguard the external appearance of the original building

6. The proposed perimeter planters shall be externally finished in a colour to match the original building

Reason: In order to safeguard the external appearance of the original building

7. The approved planting scheme, as shown on drawing No. 6903-4, shall be implemented in full prior to the conservatory being brought into use ,and shall be maitained at least on a monthly basis,with any dead or diseased plants being removed and replaced with new planting of the same species

Reason: In order to enhance the appearance of the conservatory and to safeguard the appearance of the original building

R9801480.DOC Application No. C/98/01527/LBC & Cl98101529RUL Date registered 9 November 1998 APPLICANT J. D. WETHERSPOON PLC, WETHERSPOON HOUSE, REEDS CRESCENT, WATFORD, wD1 1QH

Agent Tuffm, Ferraby and Taylor, Friary Court, 13-2 1 High Street, Guildford, Surrey, GUI 3DG DEVELOPMENT ALTERATIONS TO FRONTAGE AND EXTENSION TO REAR LOCATION 12 BANK STREET, AIRDRIE

Ward No. 41 Grid Reference 267148 - 665520

File Reference C/'PL/AIB 1440120000/GB/KH

Site History In 1996 a number of planning and listed building applications were submitted to alter and extend the front of the building (App Nos. Cl961273, (3961286 & C/96/287). These applications were all withdrawn before they were determined.

In 1997 (App No. Cl971326) was granted planning permission to change the use of the building from a bank to a public house.

Development Plan Policies ECON13/4, COM4, ENV15/3, ENV16E/G, and ENV17 ofthe adopted Monklands District Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection West of Scotland Water, Scottish Power, Historic Scotland Conditions No Reply NLC Head of Protective Services

REPRESENTATIONS Neighbours No response

Newspaper Advertisement No response

COMMENTS The application proposals relate to a previous change of use that was granted planning permission for the change of use of the property from a bank to a public house. It is proposed to remove the modem cladding from the front of the building and restore the existing frontage and to extend the property to the rear.

Having considered the detailed design issues of the proposal and assessed it in relation to the policies of the Local Plan I consider that both application for planning permission and listed building consent be granted. It should be noted that the building is listed Category B and as such before the Council can release listed building consent the matter has to be referred to Historic Scotland.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet. R9801527.DOC

List of Background Papers

- Plans and application forms submitted on 27 October 1998 - Adopted Monklands District Local Plan 1991 - Consultation response from West of Scotland Water dated 23 November 1998 - Consultation response from Scottish Power dated 23 November 1998 - Consultation response from Historic Scotland dated 12 February 1999 - Letter and amended plans from applicant’s agent dated 23 December 1998 - Letter and amended plans from applicant’s agent dated 3 February 1999 - Letter to applicant’s agent dated 10 February 1999

Any person wishing to inspect the above background papers should telephone Coatbridge 8 12374 and ask for Mr. Brown.

R9801527.DOC APPLICATION NO. C/98/01527/LBC & C/98/1529/FUL

REPORT

1. THE SITE AND ITS LOCATION

1.1 The application site is located on the east side of Bank Street, Airdrie. It comprises a three storey sandstone building, built in 1874 and which is Category B Listed. The property has a parking area at the rear which is accessed from Graharn Street on the south of the building.

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

2. THE APPLICATION

2.1 Whilst there is essentially one proposal it requires to be dealt with as to applications one for planning permission and one for listed building consent. This report deals with both applications.

3. PLANNING POLICY

3.1 The application site is covered by five policies of the adopted Monklands District Local Plan 1991; namely policies ECON13/4, COM4, ENV1513, ENV16/E/G and ENV17. These are summarised as follows:

3.2 ECONl314; Improvement of Industrial Site. The central area of Airdrie is covered by a policy of the Local Plan that encourages existing industrial areas to be improved. This is obviously not relevant to this case.

3.3 COM4: Secondary (Retail) Core Areas

“Within the secondary (retail) core areas of Airdrie ...... the District Council will support shopping and related uses ...... subject to other policies of this Plan. Under th~spolicy the proposal relates to policy COMl1 which states; “The District Council will accept development of Social, Entertainment and Commercial “bad neighbour” uses in Secondary (Retail) Core Areas ...... where there is no anticipated adverse effect on the amenity of local residents.”

3.4 ENV1513: Conservation Area. this policy designates this area as the Victoria and Town Centre, Airdrie Conservation Area.

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

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

3.6 ENVl7: protect Listed Buildings. This policy outlines what considerations should be given when determining applications that relate to Listed Buildings.

4. CONSULTATIONS

4.1 There are no objections to the proposal from the servicing authorities or from Historic Scotland who were consulted for their informal views.

R980 1527.DOC 77

5. ASSESSMENT

5.1 The proposals that have been submitted will remove the modem cladding from the ground floor frontage of the building. This addition was made by the previous owners, the Royal Bank Of Scotland. The proposed alterations will restore the original stone frontage and remove the current aluminium windows and doors, and replace them with timber windows and doors. This will be a marked improvement to the appearance of the building.

5.2 The other alteration to the frontage is a small stone wall along the front of the building. The frontage is currently built up with a series of concrete steps. Again the addition of a sandstone wall and stone steps will improve the frontage of the building and also improve the appearance of the street.

5.3 I consider it is important to have this building reused and the proposal for the frontage alteration are a marked improvement on the existing situation.

5.4 The other element of the proposal is an extension to the rear of the building to increase the floor area of the public house. The land to the rear associated with the property is part of an existing car park that is accessed from Graham Street. The proposed extension will be build on an existing area for car parking and will reduce the parking spaces within this area. This is only in the short term however.

5.5 The Council are undertaking a scheme which will upgrade and enlarge the car park, with access coming from Hallcraig Street. The proposal to extend the public house at the rear has taken account of this redevelopment scheme and an area of land currently owned by the applicant is being transferred to Council ownership for the car parking project.

5.6 The building currently has a small flat roofed extension to the rear and the applicants merely wish to make this larger. The main design consideration would be to ensure that the finishing materials compliment the colour of the sandstone of the building.

6. CONCLUSIONS

6.1 In general I consider the alterations proposed for the building will improve its appearance and return the frontage nearer to its former glory. I have assessed the matter in terms of the policies of the Local Plan and examined the design details of the alterations. I consider that both the applications for listed building consent and planning permission are acceptable and recommend that both applications are granted.

6.2 The procedures for dealing with Listed Building applications are such that in this case, where it deals with a building that is category B listed, before the Council can issue consent the matter has to be referred to Historic Scotland for consideration.

R9801527.DOC 78

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 developer shall ensure that the existing granite tiles are removed from the frontage of the building with care to ensure that the stonework below is not damaged. Once the tiles are removed and before any fiuther work is done the developers shall contact the Planning Authority to arrange inspection of the frontage by a member of the Planning and Development Department. At this time a scheme for the repair and fmishing treatment for the frontage shall be submitted and approved in writing by the Planning Authority.

Reason: In the interests of the historic and architectural character of this Category B Listed building.

3. That all repairs to the external walls of the building shall be carried out using sandstone selected to match the colour, texture and tooling of the existing sandstone. All sandstone repairs shall be completed using a traditional lime based mortar.

Reason: In the interests of the historic and architectural character of this Category B Listed building.

4. That the proposed new boundary wall at the frontage of the building shall be constructed using natural sandstone, the colour and texture of which shall match that of the existing building. The wall shall be constructed and pointed using a traditional lime based mortar.

Reason: In the interests of the historic and architectural character of this Category B Listed building.

5 That the new steps at the frontage of the building shall be constructed using natural stone.

Reason: In the interests of the historic and architectural character of this Category B Listed building.

6. That all windows and external doors shall be constructed from timber and finished using a traditional coloured wood preservative, the type and colour of which shall be agreed in writing with the Planning Authority prior to work starting on site.

Reason: In the interests of the historic and architectural character of this Category B Listed building.

7. That prior to any work starting on site the developers shall submit details for the consideration and written approval of the Planning Authority of the type and colour of renderlroughcast finish for the rear extension.

Reason: In the interests of the historic and architectural character of this Category B Listed building.

R9801527.DOC 79

8. That the balustrade and fire escape at the rear of the building shall be constructed from wrought iron and painted black.

Reason: In the interests of the historic and architectural character of this Category B Listed building.

9. That the opening to be formed for the new fire escape door on the rear elevation of the building shall be constructed using sandstone, which shall match the existing sandstone in colour and texture and shall be dressed to match the existing door and window surrounds.

Reason: In the interests of the historic and architectural character of this Category B Listed building.

10. That the developers shall ensure that the existing ceilings and cornices within the rooms on the first floor of the building are retained and protected from damage during construction works. Where cornicing is damaged or has to be temporarily removed, the developer shall ensure that it is reinstated to match the existing.

Reason: In the interests of the historic and architectural character of the interior of this Category B Listed building.

NOTE TO COMMITTEE

No planning permission can be issued until the application has been referred to the Secretary of State and it is confmed that the Council can proceed to grant

R9801527.DOC 80

Application No. C/98/001701/FUL Date registered 18 December 1998 APPLICANT KELVIN HOMES LTD, 87 CALDER STREET, COATBRIDGE, ML5 4EY

Agent ARM Architects, 10 Payne Street, Port Dundas, Glasgow, G4 OLF DEVELOPMENT ERECTION OF 66 DWELLINGHOUSES AND 16 FLATS AND ASSOCIATED ACCESS ROAD, LANDSCAPING AND PLAY AREA LOCATION LAND TO THE SOUTH OF MARSHALL STREET. COATBRIDGE

Ward No. 40 Grid Reference 272100 663750

File Reference

Site History 93291 Formation of Children’s Play Area

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

HG9 Housing Policy for Existing Residential Areas

Contrary to No Development Plan

CONSULTATIONS

Objection No Objection Director of Education, West of Scotland Water, The Coal Authority, Transco (Bg). Conditions Director of Leisure Services No Reply BT, Scottish Power, Director of Environmental Services

REPRESENTATIONS Neighbours One

Newspaper Not Required Advertisement

COMMENTS The proposal relates to the second phase of the wider redevelopment proposals for the Old Monkland area of Coatbridge. The application site comprises 8 no. blocks of flats and a large children’s play area situated to the south of Marshal1 Street, Coatbridge. These would be demolished and replaced by 66 no. dwellinghouses and 16 no. flats. In addition, new access roads and associated landscaping would be provided. A replacement play area is also proposed. The proposal meets the terms of the Councils design guidance on such proposals and generally meets the aims of the development brief for the area. Despite the objections raised by one of the neighbours it is my view that the development could be implemented in a satisfactory manner with no detrimental impact on existing levels of amenity. I therefore recommend that planning permission be granted subject to conditions.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

R9801701.DOC

List of Background Papers

- Application Form and Amended Plans - Adopted Monklands District Local Plan 1991 - NLC Development Brief, Old Monkland, Coatbridge 1997 - Consultation Response from:- - Director of Leisure Services received 12 February 1999 - Director of Education received 8 February 1999 .. West of Scotland Water received 12 February 1999 - The Coal Authority received 13 January 1999 - British Gas (Transco) received 12 January 1999 - Letter of Objection form Mr J. Mitchell, 44 Highcross Avenue, Coatbridge received 21 December 1998.

Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshal1

R9801701 .DOC 83

APPLICATION NO. C/98/01701/F’UL

REPORT

1. SITE DESCRIPTION AND PROPOSAL

1.1 This proposal relates to part of the wider redevelopmenthegeneration strategy for the Old Monkland housing area. The site extends to some 2.09 ha and is situated within a predominantly residential area with St. James Primary School located to the north. It is also bounded to the east by Blantyre Street, to the south by Ailsa Court and to the west by Highcross Avenue. The existing site comprises 8 blocks of flats and a large equipped children’s play area. The site is relatively flat and is characterised by the large 5 storey ‘5 point’ blocks of flats which overlook the existing children’s play area. The site is crosscut by several public footpaths which provide a plethora of pedestrian links throughout the area.

1.2 The proposed development would involve the demolition of the existing flats and removal of the existing play area. The developer intends to erect 66 no. semi-detached and terraced dwellinghouses and 16 flats, provide new access roads and associated landscaping works. A replacement children’s play area would also be provided.

1.3 The semi-detached and terraced dwellings would generally comprise of two storey units with double pitched roofs finished with either red or gray coloured concrete roofing tiles and a mix of buff multi and redhrown multi facing brick walls and white coloured uPVC window frames. Each unit would have its own private garden area and off-street parking facility or driveway. The flatted dwellings would consist of three storey blocks with a finish to match the other dwellings. Access to the flats would be via a centrally located hallway or close and stairway. Communal amenity spaces would be provided to the rear of the flats. This would be fenced to provide both privacy and security. Dedicated parking spaces would be provided for the flats. The developer also intends to make provision for visitor parking at laybys positioned adjacent to the proposed access roads which would be constructed to adoptable standards.

1.4 As this current phase of the redevelopment proposals would entail the total loss of the existing children’s play area (this serves the outlying housing area), the developer has indicated that two of the housing plots (nos. 29 and 30) would be reserved as a replacement play area. It is understood that these would only be developed for housing purposes following an agreement between the Council and the other regeneration partners (i.e. Clyde Valley Housing Association, Tilbury Douglas Partnership Housing, Kelvin Homes) over the provision of permanent replacement play facilities at other locations within the Old Monkland area. As negotiations over such a strategy are still under consideration the developer has offered to reserve these plots as a play area until such times as an agreement is concluded.

2. DEVELOPMENT PLAN

2.1 Under the terms of the Adopted Monklands District Local Plan 1991, the application site is located within an area covered by the following policies:-

HG 9 Housing Policy for Existing Residential Areas

3. DEVELOPMENT BRIEF

3.1 A development brief for the redevelopment of the Old Monkland area was produced by NLC Housing Department in 1997.

3.2 This brief evolved through discussion with the local community and sought to invite developers to submit schemes for a combination of refurbishment, new build and management of residual housing stock for the overall area. The brief encouraged developers to submit novel regeneration improvement schemes. General design requirements included:-

R9801701.DOC 84

* No direct access onto Old Monkland Road. * Maximise traffic calming and encourage both defensible space and road safety. * Introduce a variety of house sizeshypes to ensure tenure diversification and choice. * Adequate useable garden area. * Create a well surveyed and lit development for security purposes.

4. CONSULTATIONS

4.1 The Director of Leisure Services has indicated that this development proposal would result in the total loss of the existing play area facility which serves the wider Old Monkland area. Leisure Services had previously reached agreement with the Housing Department over the redevelopment of the play area site provided there was at least an equivalent play provision provided elsewhere within the new development area. Leisure Services are aware of the on going negotiations with the developers over the replacement play area facilities within local school grounds and generally support this initiative. However in the absence of a final agreement over such an arrangement Leisure Services have requested that an area of ground measuring between 500m2-800m2should be made available within the current site to accommodate a satisfactory play facility. This area would contain a mutiactivity unit for pre-school children, a multiactivity unit for primary school aged children and at least one other item of equipment. The mimimum distance between dwellinghouses and play equipment should be 15m.

4.2 The other external consultees had no objection to the proposal.

5. REPRESENTATIONS

5.1 One letter of objection was received from Mr John Mitchell, 44 Highcross Avenue, Coatbridge. The relevant terms of objection can be fairly summarised as follows.

5.2 That the proposed development would overshadow his property and result in increased noise and dust emissions that would collectively have a detrimental impact on the amenity of both his and the surrounding housing area. That the development proposals make no provision for dedicated parking facilities for the existing terraced houses located at nos 42-52 Highcross Avenue. It was pointed out that these properties have no existing parking facilities and can only be serviced from the public footway.

5.3 With specific regard to the above objections I would comment as follows. The objectors property is located to the south of the application site boundary and as such it is unlikely that the new houses would overshadow any of the existing houses located in Highcross Avenue. A two storey terraced dwelling would be positioned some 10m from the existing houses however this particular house type has no south facing windows and as such there would be no overlooking problem. It is accepted that there would be a degree of increased noise or dust emissions from the development site during construction works. This relatively minor imposition would be temporary and there would be no residual impact on the amenity of the adjacent properties. The proposed layout does not include dedicated parking facilities for properties located outwith the application site boundary. Although such provisions may well have been included ( a dedicated parking area could have been provided adjacent to nos. 42-52 Highcross Avenue) this would have resulted in the unacceptable loss of 4 no. terraced dwellinghouses from this part of the redevelopment site. Notwithstanding this, it is noted that the relocation of a children’s play area has enabled the developer to provide 3 no. additional visitor parking spaces. These would be situated close to the some of the houses located in Highcross Avenue and as footpath links are to be maintained between these areas it is likely existing residents would be able to make use of them.

5.4 Following consideration of the objections noted above I would conclude that the proposal would not have a significant detrimental impact on existing amenity standards.

6. ASSESSMENT

6.1 The proposal generally accords with the terms of the development brief for the Old Monkland redevelopment area. The proposed layout incorporates a variety of houses sizes and types thereby R9801701 .DOC aligning with the aim of providing a diversification of tenure and choice. The layout introduces elements of traffic calming within the proposed road network and successfully provides defensible spaces and private garden areas throughout the layout. The overall scale, design and finish of the proposed housing units are considered to be acceptable and the layout meets the terms of the Councils design guidance on such proposals.

6.2 The need to replace the existing children’s play area is acknowledged by the developer. Discussions are currently underway over the provision of play areas elsewhere within the wider redevelopment area and it is envisaged that this may negate the need to provided smaller play areas within each phase of the redevelopment proposals. However, at this juncture there is as yet no formal agreement between the Council and the developers over this initiative and I consider it is essential that an interim arrangement is secured. To this end the developer has agreed to reserve plot nos 29-30 as a children’s play area. However I consider this area would not be large enough to accommodate the necessary play equipment and would recommend that any grant of planning permission be conditional that plot nos. 27 and 28 should also be reserved as part of the interim play area. Collectively these plots would provide an area of approximately 650m2and would meet the standards required by the Director of Leisure Services. Once agreement has been reached over the replacement of permanent play facilities these reserved plots would be developed for housing purposes.

6.3 Following consideration of objections noted above I have decided that the proposals would not have a significant detrimental affect on the surrounding housing area of which the objectors property forms part. As such the objections can not be sustained.

6.4 I have fully considered the details of the proposal and would conclude that the development could be implemented in a satisfactory manner with no significant impact on the amenity of surrounding housing area. It is therefore recommended that planning permission be granted subject to conditions.

R980 170 1 .DOC 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 development shall be camed out strictly in accordance with the plans hereby approved and no change to the design or external finishes of the dwellinghouses or road layout shall take place without the prior written approval of the Planning Authority.

Reason: To safeguard the residential amenity of the area.

3. That before any works commence on site the developer shall confirm in writing that an agreement has been reached with the Council's Leisure Services Department over the removal and storage of the existing play equipment currently occupying the site.

Reason: To ensure that adequate play facilities are provided within the development

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

Reason: To safeguard the residential amenity of the area.

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

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

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

6. 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 landscaping and planting, approved under the terms of condition fiveabove, 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 safeguard the residential amenity of the area.

R9801701.DOC 7. That before the development hereby permitted starts, a scheme, for the provision of one equipped play area(s) within the application site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:-

a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s); (b) details of the surface treatment of the play areak), including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area(s), (d) details of the phasing of these works.

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

That before occupation of the last four dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition sevenabove, shall be completed.

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

9. 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 care, maintenance and protection of: (a)the proposed play area; (b)the proposed landscaping and tree planting works (c)the proposed boundary fences and (d)the parking areas for the 2 no. blocks of flats (plots 7-12 and 51-56 inclusive).

Reason: To safeguard the residential amenity of the area.

10. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development (as described under the terms of Class l(1) 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 safeguard against overdevelopment of the site.

11. 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.

12. 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 continuity in the development of the Estate.

13. That notwithstanding the terms of condition 2 and 7 above, plots nos 27-30 inclusive as hatched red on the plans hereby approved shall be reserved as a childrens play area. For the avoidance of doubt this area shall not be developed for housing purposes until such time as the developer reaches

R9801701.DOC agreement with the Planning Authority over the provision of alternative play facilities for the Old Monkland area.

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

14. That a dropped kerb vehicular access shall be provided for the parking area for plots nos 51-56 inclusive to the satisfaction of the PLanning Authority.

Reason: In the interests of traffic and pedestrian safety.

15. That the first 2.0 metres of each driveway shall be surfaced over its entire width with an inpervious material, 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.

16. That the development hereby approved shall not proceed until the necessary RoadFootpath Closure Orders have been sucessfully concluded.

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

17. That the forward visibility and junction sightlines at Marshal1 Street shall be provided and maintained to the satisfaction of the Planning Authority. Plot Nos 73-80 (inclusive) shall be amended to meet this requirement and full details of this revision shall be submitted to and approved in writing by the Planning Authority before any works start on site.

Reason: In the interests of traffic safety

R9801701 .DOC Application No. C/99/000 16/OUT Date registered 7 January 1999 APPLICANT THE DIOCESE OF MOTHERWELL, DIOCESAN CENTRE, COURSINGTON ROAD, MOTHERWELL ML1 1PW

Agent James F Stephen Architects, 10 Viewfield Place, Stirling, FK8 1NQ DEVELOPMENT ERECTION OF 11 No. DWELLINGHOUSES (IN OUTLINE) LOCATION LAND ADJACENT TO ST. KEVINS RC CHLTRCH , MAINHILL ROAD, BAXGEDDIE, GLASGOW. G69 7SS

Ward No. 36 Grid Reference 269780663990

File Reference CfPLiBAM0400

Site History No previous applications

Development Plan The site is zoned Greenbelt in the Adopted BailliestonlDaldowie Local Plan 1983 and is covered by policies GB 1 and RES1 of the approved Strathclyde Structure Plan 1995

Contrary to Yes Development Plan

CONSULTATIONS

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

REPRESENTATIONS

Neighbours 1 letter of objection

Newspaper No response Advertisement

COMMENTS This application is for the erection of 11 dwellinghouses in outline on land adjacent to St Kevin's Church Mainhill Road, Bargeddie. The site is zoned Greenbelt in the Adopted BailliestonlDaldowie Local Plan 1983 and is covered by policies GB1 and RES1 of the approved Strathclyde Structure Plan 1995. One letter of objection was received from a neighbour across Mainhill Road details of which are included in the attached report. No objections were received from the normal consultees. As the application site is contrary to the policies GBl and RES1 of the Structure Plan and the Greenbelt policy contained in the Baillieston and Daldowie Local Plan and there is sufficient residential land supply within North Lanarkshire there is no justification for releasing this site at present.

RECOMMENDATION

Refuse for the following reasons:-

1. The proposal is contrary to Policy GB1 of the Strathclyde Structure Plan and the Green Belt Land Use Policy in the Baillieston and Daldowie Local Plan in that the proposed dwellinghouses are not required in connection with a forestry or agricultural unit or other development which requires a rural location. There is currently no justification for the release of this greenbelt site.

2. That the applicant has failed to demonstrate that the site is appropriate for residential development with respect to noise pollution from the nearby A8 trunk road.

R9900016.DOC

3. That the proposed development would result in a mangle of agricultural land which would be of no practical use and for which there are no porposals to enhance or maintain. This is unsatisfactory management of greenbelt land and is unacceptable.

List of Background Papers

- Application form, plans and business plan - Adopted Baillieston and Daldowie Local Plan 1983 - Consultation response from The Coal Authority dated 19 January 1999 - Consultation response from Scottish Power dated 16 January 1999 - Consultation response from Transco dated 19 January 1999 - Consultation response from National Roads Directorate dated 25 January 1999 - Letter of Objection from Mr & Mrs William Sinclair, 6 Malnhill Road, Bargeddie dated 18 January 1999.

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

R9900016.DOC APPLICATION NO. C/99/00016/OUT

REPORT

1. SITE DESCRIPTION & PROPOSALS

1.1 This application is for the erection of I1 dwellinghouses in outline on land adjacent to St Kevin's Church Mainhill Road, Bargeddie. The site forms part of a field which wraps around the church and is bounded on the South with the A8M8 and to the East with Bredisholm Road.

1.2 The application site omits a triangle of land on the north east side adjacent to Bredisholm Road which would dislocate it from the remainder of the field. The applicant has not indicated what this area would be used for if the proposed development was to proceed.

2. PLANNING POLICY

2.1 The site is zoned Greenbelt in the Adopted Baillieston/Daldowie Local Plan 1983 and is covered by policies GB1 and mS1 of the approved Strathclyde Structure Plan 1995. These policies are designed to stop the encroachment of development into greenbelt areas around the conurbation and promote residential development on brownfield infill or redevelopment sites.

3. CONSULTATIONS AND OBJECTIONS

3.1 The Coal Authority, Scottish Power and Transco National Roads Directorate have no objection to the proposal.

3.2 National Roads Directorate have no objection to the proposal, however the response indicated that the noise level from the adjacent motorway may be unsuitable for housing at this location. Investigation of this would be required if the application was to proceed to reserve matters,

3.3 Although BT and West of Scotland Water were consulted no reply was offered.

3.4 One letter of objection was received from a neighbouring property. The objection indicated that the access road shown on the proposed plan would result in car head lamps shining directly into his house. As the proposal is in outline the exact location of an access road has not been set and as such this concern could possibly be resolved on consideration of a detailed application.

4. CONCLUSION

4.1 In determining the merits of this application the main consideration is that of the Development Plan. In this instance the site is zoned as Greenbelt in the Bailliestoflaldowie Local Plan 1983. Although the Local Plan was written some time ago, for the former Glasgow District, the principal of retaining this area as a green wedge to prevent coalescence of settlements is still promoted through the Strathclyde Structure Plan.

4.2 The application should be considered on the following basis. Firstly, is the proposal required to meet shortfall in the Established Residential Land Supply. Secondly, is the proposal required in association with an agricultural or recreational use. The Draft Residential Land Supply 1998 for North Lanarkshire indicates that there is sufficient land supply to 2003. As the application has no agricultural or recreational element there is no justification for release of this part of Greenbelt at this time.

4.3 I, therefore, propose that the application be refused on the grounds that the proposal is contrary to Policy GBl and RES1 of the Strathclyde Structure Plan and the Green Belt policy in the Baillieston and Daldowie Local Plan. In addition the suitability of the site in terms of noise nuisance practicality for satisfactory development has not been proved. Application No. c/99/00030/FuL Date registered 14th January 1999 APPLICANT ANDUFF HOLDINGS LTD, WARWICK HOUSE, 25 BUCKINGHAM PALACE ROAD, LONDON SWlW OPP

Agent Johnson-Gillies, The Attic Studios, 23 High Street, Dunblane FK15 OEE DEVELOPMENT DEMOLITION OF GARAGE AND ERECTION OF CARWASH WITH VACUUM FACILITIES LOCATION MAINWAY SERVICE STATION 42 CLARK STREET AIRDRIE LANARKSHIRE ML6 6DW

Ward No. 50 Grid Reference 276654 665435

File Reference C/PL/AIC456DBIES

Site History There have been several applications in relation to the former use of the site as a petrol filling station the latest of which were: Display of Internally Illuminated Canopy Signs, Fascia Signs and Free Standing Pole Sign which was granted on 26 July 1991, planning consent no. 911269; and 91/414 for the Installation of Automatic Jet Wash Unit and 3000 Gallon Diesel Tank granted on 22 October 1991.

Development Plan Zoned HG9 Housing Policy for Existing Residential Areas in the Monklands District Local Plan 1991

Contrary to Development Plan Yes

CONSULTATIONS

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

REPRESENTATIONS

Neighbours No Response

Newspaper Advertisement No Response

COMMENTS This application relates to the demolition of a vacant petrol station and the erection of carwash with vacuum facilities at 42 Clark Street, Airdrie. The site is within an area zoned HG9 Housing Policy for Existing Residential Areas in the Adopted Monklands District Local Plan 1991. There were no objections raised as a result of public consultation and no adverse comments from the statutory consultees. The application site is on one of the main routes through Airdrie and there are several other commercial uses nearby. As the area is of a mixed use nature I do not believe that the introduction of the Canvash will adversely impact the amenity of existing residents. Since the proposal will bring back into use a vacant site I consider that the development will improve the present street scene.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

R9900030.DOC

List of Background Papers

- Application Form and plans submitted on 12 January 1999 - Adopted Monklands District Local Plan 1991 - Consultation response from the Coal Authority dated 22 January 1999 - Consultation response from the NLC Environmental Services dated 26 January 1999 - Consultation response from the Transco dated 28 January 1999 - Consultation response from the West of Scotland Water dated 10 February 1999

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

R9900030.DOC 96

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 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, 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 surface fmishes for the forecourt and turning areas; and (d) details of the phasing of these works.

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

4. 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 parking areas, and grassed, planted and landscaped areas approved under the terms of condition 3. above.

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

5. That within one year of the occupation of the car wash 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 safeguard the amenity of the adjoining residential area.

6. That on completion of the scheme of landscaping, approved under the terms of condition 3. above, the management and maintenance schemed approved under the terms of condition 4 shall be put into operation.

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

7. That before the development hereby permitted is brought into use, 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, shall, thereafter, be reinstated as a footway.

Reason: In the interests of traffic safety.

R9900030.DOC Application No. C/99/00082/FUL Date registered 25 January 1999 APPLICANT WALTER JARVIE, cio GREENGAIRS BOWLING CLUB, GREENGAIRS ROAD, GREENGAIRS

Agent DEVELOPMENT EXTENSION TO CLUBHOUSE LOCATION GREENGAIRS BOWLING CLUB, GREENGAIRS ROAD, GREENGAIRS

Ward No. 45 Grid Reference 277848670237

File Reference CIPLIGWG9002170000iGBES

Site History The application site was the site of a former telephone exchange. The clubhouse has previously been extended by the former Monklands District Council.

Development Plan Policy HG9 of the adopted Monklands District Local Plan.

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions The Coal Authority Pi0 Reply Scottish Environment Protection Agency, Transco, West of Scotland Water Authority

REPRESENTATIONS

Neighbours One

Newspaper Advertisement Not required

COMMENTS The application is for a small extension to the Bowling Club Clubhouse to provide additional locker facilities and an extended lounge area.

Having assessed the matter in terms of the Local Plan and taken account of the representation made by the neighbour I consider the proposal to be acceptable and recommend approval subject to conditions.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

- Plans and Application Forms submitted on 11 January 1999 - Adopted Monklands District Local Plan 199 1 - Consultation response from The Coal Authority dated 9 February 1999 - Letter of representation from Ms C. O’Hare, 180 Greengairs Road, Greengairs

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

R9900082. DOC

APPLICATION NO. C/99/00082/FUL

REPORT

1. THE APPLICATION SITE AND THE PROPOSAL

1.1 The application site is located on the north side of Greengairs Road, Greengairs. The Bowling Club has been developed on the site of a former telephone exchange and comprises a clubhouse and bowling green. The proposal is to extend the clubhouse to provide additional locker facilities and to extend the lounge area.

2. LOCAL PLAN CONTEXT

2.1 The application site is covered by policy HG9 of the adopted Monklands District Local Plan 1991. This zones the area as an existing residential area and suggests that developments which are not compatible with residential uses should not be permitted.

3. REPRESENTATIONS

3.1 One letter has been received from the resident of a nearby property. They are concerned that the existing security light is illuminated for long periods and causes them a nuisance. They suggest that this should be remedied as part of this application.

4. CONSULTATIONS

4.1 The Coal Authority have indicated that there are previous underground working in the vicinity of the site and that prior to any work commencing the developers should undertake the necessary technical investigation to ensure the mineral stability of the site.

5. ASSESSMENT

5.1 There are no objections to the proposal in design terms or in terms of the Local Plan. The Bowling Club is a leisure facility that benefits the community and is expected to be located within a residential area.

5.2 I have recommended that planning conditions be imposed to ensure that any security lighting is operated in a manner that does not cause a nuisance to neighbouring residents. A further condition will ensure that the developers undertake the necessary mineral stability investigation before building.

5.3 Further to this a further condition is suggested to formalise the parking facilities at the site. Under the terms of the Councils parking standards for this type of development, the site is some way deficient in parking. The proposed extension does not remove an area of parking, but may impact on existing deficient provision. I, therefore, suggest that a parking area be formalised at the front of the building to reduce any on street parking.

6. CONCLUSIONS

6.1 Having assessed the proposal in terms of the Local Plan and taken account of the comments of the neighbour I consider the proposal to be acceptable and recommend that planning permission be granted.

R9900082.DOC 100

CONDITIONS

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

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

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

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

3. That before development starts, details of a scheme, which provides sufficient space within the curtilage of the application site for:- (a) the parking and manoeuvring of 5 cars; (b) the loading and unloading of 1 vehicle, and (c) the provision of turning areas so that all vehicles enter and leave the site in forward gear shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: In the interests of traffic and pedestrian safety.

4. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the site.

5. That prior to any work starting on site the applicants shall submit details for the consideration and written approval of the Planning Authority of any security lighting proposed for the premises. Thereafter the applicants shali ensure that it is positioned and operated in such a manner that does not cause a nuisance to existing neighbours.

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

R9900082.DOC 101

Application No. C/99/00101/FUL Date registered 29 January 1999 APPLICANT STEVEN MAHONEY, 119B HALLCRAIG STREET, AIRDRIE

Agent Construction Design Associates, 6 Church Street, Coatbridge, ML5 3EB DEVELOPMENT ERECTION OF TWO HOUSES LOCATION 6-12 DONALDSON PLACE, AIRDNE

Ward No. 50 Grid Reference 276509665552

File Reference C/PL/AID2380060000/GB/ES

Site History Outline planning permission was granted for the erection of one house in November 1998 (Application No. 98/0105910UT)

Development Plan Policy ECON13/5 and ECON9 of the adopted Monklands District Local Plan 1991 applies.

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours Two

Newspaper Advertisement Not required

COMMENTS The proposal is to develop the site for two modest sized semi detached houses. The site currently enjoys planning permission in outline for one house.

Having assessed the proposal against the terms of the Local Plan and the current outline planning permission, and taken account of the comments made by the objectors, I consider the proposal to be acceptable.

RECOMMENDATION

Grant, subject to the conditions on the attached sheet.

List of Background Papers

- Plans and Application Forms submitted on 26 January 1999 - Adopted Monklands District Local Plan 199 1 - Letter of objection from Mr A. Anderson, 82b Johnston Street, Airdrie dated 14 February 1999 - Letter of objection from Hugh Murray, Sweethill House, Bore Road, Airdrie dated 5 February 1999

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

R9900101.DOC

103

APPLICATION NO. C/99/00101/FUL

REPORT

1. THE APPLICATION SITE

1.1 The application site is situated on land which was formerly Donaldson Place but fronts onto Johnston Street. The site also includes an area that was used as a yard. The development will result in the demolition of a small stone built building which was formerly 6 Donaldson Place. On the west side of the site is a car park and on the north and east side is private garden ground and commercial premises.

2. THE APPLICATION

2.1 The site currently enjoys outline planning permission for one house. The applicants have taken the conditions of the outline planning permission and in applying them have designed two semi-detached houses that fit the site and comply with the conditions of the outline planning permission.

3. REPRESENTATIONS

3.1 Two letters of objection have been received.

3.2 The neighbour of the adjacent commercial property is concerned that the houses will be too high and will overshadow his own property.

3.3 The resident in the flatted development opposite considers that the new houses will overlook his property adversely affecting his privacy and property value and that by introducing three bedroom houses to the vicinity will make demographic changes that will irrevocably change the residential environment of the surrounding area.

4. LOCAL PLAN POLICIES

4.1 The site is covered by policy ECON1315 and ECON9 of the adopted Monklands District Local Plan.

4.2 Policy ECON13/5 allocates the site as Improvement of Industrial Sites and ECON9, Secondary Core Areas, suggests that the principle of a mixture of uses within the area is acceptable.

5. ASSESSMENT

5.1 The proposal under consideration has utilised the site area to the full and will result in two modest sized semi-detached houses fronting onto Johnston Street. The site currently has outline planning permission for one house only.

5.2 The conditions of the outline planning permission set out various design criteria for the development of the site. These related to the height of the house, the position of the windows and details of the parking arrangements amongst others. These thee issues, however, have been raised as concerns with this proposal.

5.3 Firstly, the neighbour to the east is concerned that the property will be too high and will overshadow his property. The conditions of the outline planning permission required that the house be no higher than 7.5m from ground level to the highest part of the ridge of the house. This is the case with this proposal. Further to this the neighbouring property is a commercial yard used by a building company. There is no issue of the loss of residential amenity and I do not consider this to be grounds to refuse the application.

5.4 The other resident who has objected to the proposal lives in the flatted development on the south side of Johnston Street. They are concerned that the new houses will overlook their property. The new houses are directly opposite the vehicular access to the flatted property and there is therefore no direct overlooking of any flat within this development. Again I do not consider there will be a loss of privacy or residential amenity of these properties.

R9900101 .DOC 104

5.5 This neighbour is also concerned with the change to the demographics of the area, i.e. the change in the population within the area. I do not consider that the construction of two three bedroomed houses will have a significant impact on the structure and pattern of the population of the area that will detrimentally affect the residential amenity of the existing properties. The main issue is that the development will introduce residential properties in an area that has commercial development within the area and that is allocated in the Local Plan for commercial and mixed developments.

5.6 Policy ECON9 of the Local Plan offers a justification for approving a residential development in the area in that it recommends that the area is suitable for a mix of developments including light industry and other commercial uses. There are a number of residential properties within the surrounding area and I consider that a further residential development will fit into the existing pattern of development within the area.

5.7 The only other concern with the development is over the access to the properties. The Council generally require a six metre drive way in front of a domestic garage. In this case the developer has agreed to provide a 5.5 metre long driveway and to have roller shutter doors on the garage to prevent any cars overhanging the footway. At this point on Johnstone Street the road reaches a dead end at the access to Flowerhill Parish Church. Vehicular movements in the area will therefore be to a minimum and a 5.5m driveway plus a garage will be acceptable in this particular instance.

6. CONCLUSIONS

6.1 Having assessed the proposal against the policies of the Local Plan, in terms of the previous outline planning permission and taking into consideration the objectors comments, I consider that the proposal is acceptable.

R9900101 .DOC 105

CONDITIONS:

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

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

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

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

3. That before the dwellinghouses hereby permitted are occupied 2 car parking spaces shall be provided within the curtilage of each plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

4. That before the dwellinghouses hereby permitted are occupied, a dropped kerb vehicular access shall be constructed for each house in the positions shown 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 traffic and pedestrian safety.

5. That before the dwellinghouses hereby permitted are occupied, a private vehicular access, or driveway, for each house of at least 5.5 metres in length and not 5.0m as shown on the approved plan, shall be provided and the frst 2.0 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

6. That the garage doors on each house shall be of a roller shutter style. Up and over, or traditionally hinged doors are not acceptable in this instance.

Reason: To prevent cars overhanging the footway when parked in the driveway, in the interests of traffic and pedestrain safety.

7. That before the development hereby permitted is started, the existing vehicular access to the application site, marked red on the approved plans, shall be closed off and the ground, within the area formerly occupied by the access, shall, thereafter, be reinstated as a footpath.

Reason: In the interests of traffic and pedestrian safety

8. 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 safeguard the amenity of the adjoining residential area.

R9900101 .DOC 106

Application No. C/99/00 128MuD Date registered 28 January 1999 APPLICANT DIRECTOR OF HOUSING, DEPARTMENT OF HOUSING, MUNICIPAL BUILDINGS, KILDONAN STREET, COATBRIDGE

Agent David Cartner, Department of Construction Service DEVELOPMENT CHANGE OF USE FROM HOUSING TO CARE OFFICE AND RESIDENTIAL ACCOMMODATION LOCATION REDBRIDGE COURT, COATBFUDGE

Ward No. 33 Grid Reference 273 194 - 660266

File Reference

Site History

Development Plan Policy HG9 of the adopted Monklands District Local Plan

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Conditions No Reply NLC Director of Protective Services, Health and Safety Executive

REPRESENTATIONS Neighbours Five

Newspaper Advertisement

COMMENTS This application is submitted on behalf of the Council by the Director of Housing. It is proposed to convert a caretakers room and adjacent area on the ground floor of Redbridge Court to a care office with attached accommodation. This will be used as a care facility to house people under the North lanarkshire Hospital Discharge Programme. It will also act as a contact base for Council tenants who require emergency assistance under this scheme.

There is no objection to the proposal from a planning viewpoint as the proposal is considered to be compatible with the adjoining flats within the block.

The application has attracted four objections and a petition. Unfortunately these do not fully articulate the concerns of the residents but merely serve notice that they do not consider Redbridge Court suitable for this project and that they are opposed to the application. For this reason, however, the Council are not empowered to determine the application and the matter has to be referred to the Secretary of State for Scotland for consideration.

RECOMMENDATION

Grant, subject to the folloning condition

W900128.DOC

108

List of Background Papers

- Plans and application form submitted on 30 January 1998 - Adopted Monklands District Local Plan 1991 - Letter of objection from Redbridge Court and Coltswood Court Tenants Association dated 19 January 1999 - Petition received from Mr. B. Ward, 62 Coltswood Court, Coatbridge dated December 1999 - Letter to Mr. B. Ward dated 17 February 1999 - Letter from “Very Angery Resident” Coltsiwod Court, Coatbridge dated 20 February 1999 - Letter from James Leonard, 9 Redbridge Court, Coatbridge dated 18 February 1999 - Mr andMrs Smith, 16 Coltswood Court, Coatbridge, dated 19 Fbruary 1999 - 146 signed, preprinted letters delivered by Mr W. Ward, Coltswood Tenants Association, 62 Coltswood Court,Coatbndge dated 25 February 1999.

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

R9900128.DOC I09

CONDITION

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

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

NOTE TO COMMITTEE

The planning application requires to be referred to the Secretary of State for Scotland under the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981. The planning consent should not be issued until this matter has been concluded.

R9900 128.DOC 110

Application No. S/98/00969/MIN Date registered 14th July 1999 APPLICANT LAW MINING LTD, CADZOW HOUSE, CADZOW INDUSTRIAL ESTATE, HAMILTON Agent DEVELOPMENT EXTRACTION OF COAL BY OPENCAST METHODS LOCATION BADALLAN FARMS, BETWEEN SHOTTS AND FAULDHOUSE

Ward No. 17 Grid Reference 292000659000

File Reference S/PL/B/ 17/57/CLWJM

Site History No significant history

Development Plan 1. Adopted Shotts Local Plan - Rural Area 2. Southern Area Local Plan (Finalised Draft) - Preferred Area for Opencast Coal Extraction 3. Strathclyde Structure Plan - Preferred Area for Opencast Coal Extraction

Contrary to Development Plan No

CONSULTATIONS

Objection Association for the Protection of Rural Scotland No Objection Historic Scotland Scottish Rights of Way Society East of Scotland Water Shell UK Scottish Office Agriculture, Environment & Fisheries Department West of Scotland Water Scottish Power Health and Safety Executive Institute of Environmental Assessment (see text) The Coal Authority Conditions West of Scotland Archaeology Service SEPA East Transco Scottish Natural Heritage RSPB Central Scotland Countryside Trust NLC Leisure Services The Scottish Sports Council Scottish Wildlife Trust NLC Environmental Services (see text) West Lothian Council No Reply None 111

113

REPRESENTATIONS

Neighbours Newspaper Advertisement 19 individual letters 723 ‘pro-forma’ letters individually signed Petition with 756 signatures Letters from 4 local action groups Letters from 2 Community Councils

COMMENTS LAW Mining wish to extract coal by opencast methods on a 137ha site known as Badallan Farm, between Fauldhouse and Shotts on the A7 1. The site straddles the boundaries of North Lanarkshire and West Lothian.

In total, this would involve the removal of 750,000 tonnes of coal over a 3 !h year period, with an additional year to allow for the restoration of the site. Approximately !4 of the entire site is within the boundaries of West Lothian Council and it is currently considering a planning application for its own area.

The application has been the subject of a significant number of objections, mainly from the Fauldhouse area. However, it has also been put under considerable scrutiny by thls Department. It is my conclusion that on weighing up the benefits and disbenefits of the proposal, and in light of current policy advice and guidance, that the proposal is acceptable and that planning permission should be granted.

Should the Council be of a mind to grant planning permission, the application must be referred to the Secretary of State, who will decide if the matter should be ‘called in’ for consideration by him. Thereafter, if he allows the Council to determine the application itself, planning permission would not be issued until the applicant has delivered an appropriate Bond of Caution to guarantee the restoration of the site, and entered into a Section 75 Agreement covering the control of various environmental matters both during and after the coding period.

It should be noted that the implementation of the proposed scheme within North Lanarkshire, as it currently stands, is dependant on the West Lothian part being granted planning permission, and would require the submission of revised plans for it to be operated independently.

The Committee should note that some of the objectors have asked for the opportunity of addressing the Committee before it makes its decision.

I recommend, that planning permission is granted subject to the terms and conditions noted below. Further details on all aspects of the proposal can be found within the attached report. 114

RECOMMENDATION

Grant, subject to the conditions contained within the attached appendix.

NOTES TO COMMITTEE

(1) The applicant has agreed to enter into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 in respect of the submission and implementation of an aftercare and management scheme, the future protection of non-agricultural items of restoration, the implementation of noise and dust monitoring scheme and the submission and implementation of a ferruginous material containment scheme. The appellant has also agreed to provide a Bond of Caution for a sum of money to be agreed in advance in respect of restoration and aftercare. The planning consent should notbe issued until these matters have been concluded.

(2) If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with the Town and Country Planning (Notification of Applications) (Scotland) (No 2) Direction 1998. 1

List of Background Papers

Planning application S/98/00969/MIN and accompanying plans, Environmental Statement and background reports - Letters from applicant dated 4/12/98, 22/12/98,25/1/99 and 11/2/99 - Letters from West Lothian Council dated 27/10/98, 18 + 23/12/98, 20/1/99 and 17, 23 + 26/2/99 - Letter from McRoberts Solicitors dated 18/12/99 - Letters from North Lanarkshire Council dated 1711 1/98, 11/1/99 - Lemer from RPS Cairns dated 18/1/98 - Letter from Fairhurst dated 24/12/98 - Reports from ‘Stanger Science and Environment’ dated 411 1/98, 1111 1/98,26/1/99, 3/2/99, 8/2/99 and 15/2/99.

Letters of Consultation

- Scottish Office Development Department dated 13/8/98 - Association for the Protection of Rural Scotland dated 18/8/98 - Historic Scotland dated 18/8/98 - Scottish Rights of Way Society dated 21/8/98 - East of Scotland Water dated 26/8/98 - West of Scotland Archaeology Service dated 26/8/98 - Shell UK dated 27/8/98 - Scottish Office Agriculture, Environment + Fisheries dated 26/8/98 - West of Scotland Water dated 25/8/98 - SEPA East dated - 19/8/98, 15/9/98, 12/1/99 and 21/1/99 - Scottish Power dated 28/8/98 + 14/1/99 - Transco dated 3/9/98 - HSE dated 17/9/98 - SNH dated 21 10198 + 41 1 1/98 - Institute of Environmental Assessment dated 19110198

Policv Guidance and Advice

- NPPGl - The Planning System (1994) - NPPG4 - Land for Mineral Working (1 994) - NPPG4 (Annex A)- Draft - Opencast Coal and Related Matters (1 998) - NPPG 15 - Rural Development - PAN50 and Accompanying Annex A, B + C- Controlling the Environmental Effects of Surface Mineral Workings (1 996-1 998) - Opencast Coal - Review of Planning Policy in Scotland ( 1997) - Strathclyde Structure Plan (1 995) - Shotts Local Plan (1 982) - Consultative Draft Mothewell District Local Plan (1 995) - Finalised Draft Southern Area Local Plan (1 998) 16

Letters of Rewesentation from:

- David Goss + Assoc on behalf of Muldron Estate dated 2 1/7/98 - N. Findlay, 5 Bellona Terrace, Fauldhouse dated 7/8/98 - ‘FATAL’ dated 25/8/98 - Mr & Mrs Findlay, 12 Earls Place, Fauldhouse dated 22/9/98 - A Leitch, 59 Park View, Fauldhouse dated 26/8/98 - D Sharp, 6 Eastfield Road, Fauldhouse dated 26/8/98 - D Frew, 28 Sheephousehill, Fauldhouse dated 26/8/98 - ‘F.A.C.E.’ dated 21/9/98 and 25/9/98 - G. Tweedlie, 70 Quarry Road, Fauldhouse dated 29/9/98 - R. Watson, 78 Church Place, Fauldhouse dated 30/9/98 - Mr & Mrs Salmon, 8 1 Croftfoot Drive, Fauldhouse dated 24/9/98 - C Tweedlie, 70 Quarry Road, Fauldhouse dated 29/9/98 - Teresa Hatch, 87 Sheephousehill, Fauldhouse dated 29/9/98 - Joseph Hatch, 87 Sheephousehill, Fauldhouse dated 29/9/98 - A Hatch, 87 Sheephousehill, Fauldhouse dated 29/9/98 - Mr & Mrs McGrath, 5 Shotts Road, Fauldhouse dated 2/10/98 - ‘SPACE’ dated 3019J98 and 18/10/98 - Mr & Mrs T Laird, 94 Lanrigg Avenue, Fauldhouse dated 24/9/98 - Muireston Community Council dated 1/9/98 - ‘LACE’ dated 1/9/98 - Mr & Mrs Cume dated 2/10/98 - Mrs Williams, 4 Eastwood Park, Fauldhouse dated 411 0/98 - P Hawkins, 10 Woodhall Terrace, Edinburgh dated 23/9/98 - Fauldhouse Community Council dated 15/9/98 - S Frame, 7A Willowbrae, Fauldhouse dated 5/10/98 - Letter of petition organised by ‘FACE’ with 750 signatures - 723 pro-forma letters with individual signatures Note: Anyone who wishes to examine the names and addresses of these letters should contact the Planning and Development Department at 303 Brandon Street, Motherwell

Any person wishing to inspect the above background papers should telephone Motherwell 302 102 and ask for Mr Kellock. 1

APPLICATION NO. S/98/00969/MIN

REPORT

1. INTRODUCTION

1.1 This application relates to a proposed opencast coal mine at a site knonn as ‘Badallan’ between Shotts and Fauldhouse. The site straddles the boundaries of North Lanarkshire and West Lothian, and planning applications have been submitted to both authorities, each accompanied by a full Environmental Statement. This application has been the subject of a great deal of scrutiny, the conclusions of which are outlined below.

2. DESCRIPTION OF SITE

2.1 The entire site, extends to 137ha , approximately ?4 of which lies within North Lanarkshire. The entire site is comprised mostly of agricultural grazing land. It lies between the A71, the B7010 (Shotts-Fauldhouse Road) and the B7 15 (Headless Cross Road).

2.2 The landform of the site is best described as undulating, and contains the valleys of 3 watercourses, these being the Breich Water, Lingore Linn and an un-named bum. There are several pockets and terraces of mature trees. Crossing the site in a SW-NE direction is a sizeable embankment of a disused railway.

2.3 The site contains 2 farmhouses (West and East Badallan Farms), with ancillary farmbuildings and one bungalow.

2.4 The site exhibits signs of previous deep mining activity, including several small spoil heaps and the remains of some pit head buildings.

3. DESCRIPTION OF SURROUNDINGS

3.1 For the most part, the site is surrounded by agricultural grazing, although there are significant areas of bogland around the western end of the site most notable of which is the ‘Springhill Bog’ to the north-west of the site. Immediately to the east (adjoining the A71) is a large area of coniferous woodland, to the north of which lies Greenbum Golf Course and Fauldhouse Cemetery.

3.2 To the south and west of the site lie the 3 working farms of Knoweton, Headlesscross and Muldron, these being approximately 900m, 200m and 400m respectively from the excavation area. To the north lies Leadloch Farm (approx 700m from the working area) and a total of 8 dwellinghouses along Shotts Road leading into Fauldhouse (these being 400-600m from the working area). Fauldhouse lies approximately 650m from the North Lanarkshire boundary, behind the embankment of the Glasgow-Shotts-Edinburgh railway line.

3.3 The eastern edge of Shotts lies a minimum of 1.6hfrom the site. A minimum of lkm to the

southwest and also adjoining the A7 1~ is the Damside Opencast Coal Site which has permission to produce coal until October 2000. Two km to the east, also adjoining the A71 is Levenseat Quarry and lkm to the south is the Muldron landfill site. 8

4. DESCRIPTION OF PROPOSAL

4.1 LAW Mining is a Lanarkshire based company and is part of LAW Holdings Ltd. The company currently produces around 600,000 tonnes of coaVyear from several opencast coal sites, mainly in the LanarkshireEast Ayrshire coal fields.

4.2 As noted above, the proposal is to extract coal by opencast methods. The entire site is likely to yield 750,000 tonnes of coal, 570,000 tonnes of which would be taken from within North Lanarkshire.

4.3 Two of the first 3 cuts are almost entirely within West Lothian, with the remainder including the access, yard area, overburden mound, site offices and 7 remaining cuts being in North Lanarkshire.

4.4 Initial works would consist of the creation of the yard area and the vehicular access and the formation of protective mounds. Thereafter, the total coaling period would extend to 3 % years with an additional one year being allocated for restoration. The coaling period solely within North Lanarkshire would be 2years 1 1 months. Blasting would be required over approximately 15% of the site to remove rock cover at various points throughout the whole site.

4.5 Access would be taken from the A7 1 at a new junction which includes a section of road widening. Coal would be taken from the site by lorry, with an average of 6-8 lorry movements per hour (i.e. 3-4 Iomes in and 3-4 out). Traffic would be destined for 2 main locations. An average of 2 lorries per hour would go to the Mossend rail terminal (for Cockenzie Power Station) via Allanton, Newmains and Newhouse. Another 2 lomes per hour would travel eastwards to Longannet Power Station via Whitburn, the MS and the Kincardine Bridge. Some other traffic would go directly to England via the M8.

4.6 The site would be operated 7.00 a.m. to 7.00 p.m. Monday to Friday with maintenance being carried out 7.00 am to 1 .OO pm Saturdays. The site would not operate at any other time or on national bank holidays.

4.7 The entire site is expected to offer employment for 35 people, although this would for the most part provide continuity of employnent for the applicant’s existing staff.

4.8 The overburden mound would be created at the eastern end of the site (behveen the yard and the Breich Water). This would reach its maximum size at cut 2 and would measure a maximum of 15m in height. The mound would be contoured and partly grass seeded. This would remain in place until the end of coaling. Sub and top soils would be stored in mounds around the site, and these would vary in height from 5 to 8 metres.

4.9 The proposals would necessitate the temporary re-routing of the Lingore Lim and un-named bums, and the removal of a line of mature trees behveen the two farmhouses. Settlement ponds, sited next to the yard area, would discharge into the Breich Water.

4.10 The application was accompanied by an indicative restoration plan, the key elements of which are summarised below:

afteruse of agricultural grazing 0 re-creation of diverted watercourses which would be contained within protected riparian zones, incorporating hvo ponds

replacement tree planting

0 removal of railway embankment

creation of marshy grassland

4.1 1 Within West Lothian, the proposed restoration scheme would also include:

land given over to golf course to allow for extension

0 large area of marshy grassland

pond adjoining the Breich Water

4.12 Other than the golf course, the non-agricultural elements would be created and managed by suitably qualified experts.

5. POLICY CONTEXT

5.1 National Planning Policv Guideline 4: Land for Mineral Working

NPPG4 sets out the Governments stance on mineral workings, which recognises the importance of these resources whilst acknowledging that their extraction must be reconciled with care for the environment. It identifies the need for the planning system to facilitate development while protecting sensitive communities and uses and encouraging the highest level of operating levels and restoration. In October 1998, a draft Annex to NPPG 4 was produced, which specifically addressed matters relating to opencast coal extraction. This followed on fiom the Government’s “1 0 Point Plan”, on opencast coal working. This annex offers advice on how such proposals should be assessed, and in particular addresses the potential impacts on communities close to workings.

The general advice contained in NPPG 4 is followved through into NPPG 15 ‘Rural Development’, in which the Government offers guidance on the protection, control and enhancement of rural areas.

5.2 PAN 50 Controllin? The Environmental Effects of Surface Mineral Workings

This advice note sets out best practice and standards for the controlling of most environmental effects found at mineral workings. Supplementary advice is given in the three annex which concentrate on noise, dust and site traffic. 5.3 River Almond Integrated Catchment Management Plan

In June 1998, the River Almond Partnership (of which North Lanarkshire is a member) launched the above plan. The application site is within the plan boundary. It is the aim of the plan to promote sustainable development in the catchment area through the planning system, and seeks the restoration of the Rjver Almond and its tributory waters (which have hithertoo suffered from very poor water quality) to the highest quality possible.

5.4 1995 AdoDted Strathclvde Structure Plan

The Structure Plan identifies ‘Preferred Areas for Opencast Coal Extraction’. Whilst the plan showing these areas is indicative, it is clear that the application site is within such an area. Recommendation 4 1 asks that coal operators and local authorities give priority within the preferred areas to opencast coal extraction.

Proposals should have regard to the criteria set out in policy MIN 6, namely:-

(a) the environmental impact of both the extraction process and the movement of coal for processing and distribution.

(b) the potential to transport coal by rail.

(d) the effects on nearby communities.

Policy MIN 1A sets out a number of criteria against which proposals such as this should be assessed, namely:-

(a) whether the proposal is within a ‘preferred area’ (b) the availability of alternative supplies within the existing landbank (c) the environment implications (d) the effects on nearby communities (e) infrastructure impIications (f) opportunities to conserve associated minerals, restore dereliction or review associated consents.

5.5 1982 Shotts Local Plan

The adopted local plan for the area dates back to 1982. Policy ‘RUR2’ relates to opencast coal extraction in the area, and states that:-

‘There will be a strong presumption against mineral extraction on B and B+ quality agricultural land or amenity wvoodland areas, but no general presumption against mineral extraction on B -, C and D quality land subject to the folloning guidelines:

(a) No pennissions for mineral extraction will normally be granted for sites tvithm ‘/z mile of the urban area around Shotts, Allanton, Hartwood, Bonkle (East) and Bowhousebog or mithin !4 mile radius or Harhvood and Harhwodhill hospitals. (b) Developers will be required to lodge a restoration bond with the Council and will be invited to enter a Section 50 Planning Agreement to guarantee the proper working, phasing and restoration of the whole area to which the mineral application refers.”

5.6 1998 Draft Finalised Southern Area Local Plan

Chapter 7 of this plan outlines the Council’s draft policies on mineral extraction.

Policy MN2 seeks to divert proposals for opencast coal extraction to preferred areas. The application site is contained almost entirely within part of the ‘Leadloch/Badallan’ preferred area.

Policy MIN 3 presents a list of criteria against which proposals should be judged, namely:-

(a) whether the proposal is within a preferred area (b) the environmental implications of the proposal, including the impact on landscape quality, visual amenity, nature conservation and watercourses. (c) the impact on the residential amenity of nearby communities. (d) whether the proposal allows for the long term improvement to the appearance and function of the site and maximises community benefit. (e) the nature of the proposed working methods, including timescales, measures for screening and aftercare, and (0 the effect on highway safety, traffic movements and the scope to utilise rail freight,

Within the supporting text to this policy, there are guidelines as to how the policy should be interpreted, and relevant sections are noted below:-

0 Proposals in prominent locations should be capable of being integrated as far as possible into the surrounding landscape.

The loss of features which make a positive contribution should be compensated by restoration to a similar or improved state.

It is the responsibility of the applicant to prove that mineral extraction will not cause any significant nuisance to nearby communities. To assist in achieving this, excavation areas should generally be firther than 300 m from adjoining built up areas.

Traffic generated by mineral operations should be focused on major routes.

Policy MIN 7 states that all planning permissions for mineral extraction should be accompanied by a Guarantee Bond ensuring the eventual restoration and aftercare of the site. If this particular planning application was approved, consent would only be issued once the applicant had delivered a bond of a suitable amount. This would be assessed using the formula within the policy.

There are other policies relevant to the proposal which are not specifically related to mineral mt ract ion. The 3 bogs around the site (see para 3.1 above), including Springhill Bog, are all identified as SINCs i.e. Sites of Interest for Nature Conservation. Policy ENV 8 seeks to protect SINCs and will not permit development proposals which would adversely affect them.

The site is also covered by Policy ENV 8, Countryside Around Towns. This states that the Council will seek to promote and protect the Countryside and will not normally permit development other than that which relates to agriculture, forestry, outdoor leisure uses or other appropriate rural uses.

Members will already be aware that the draft Finalised Local Plan has undergone a consultation process, and the Committee was advised of all representations at its meeting of 24th February 1999. Of these, many related to mineral extraction and 6 letters contained objections to the inclusion of Leadloch/Badallan as a preferred area for mineral extraction. Such an objection was submitted by West Lothian Council.

6. CONSULTATIONS

The planning application was subjected to an extensive consultation process. Below is a summary of responses made to the proposal as originally submitted. Unless othenvise indicated, more details on how the responses influenced changes to the planning application can be found in section 8 of this report (Planning Assessment).

6.1 NLC Environmental Services

Both Councils used the services of ‘Stanger Science and Environment’ to make an independent assessment of the likely impacts of the proposal in terms of noise, dudair quality and blasting. Stanger’s conclusions were reviewed by the Director of Environmental Senices, who assisted in their interpretation. The main conclusions of the assessments are summarised below:-

(1) Dust Impact

PAN 50 Annex B (The Control of Dust at Surface Mineral Workings) states that developers should undertake a dust assessment study for a11 new mineral workings, and that these can be qualitative or quantitative. Many of the objectors expressed concerns over the possible link between opencast dust and health problems, and it was felt that the Environmental Statement, which incorporated a qualitative assessment, did not adequately assess and address the implications for dust deposition and air quality. Accordingly, Stanger were asked to carry out a quantitative study, this being a ‘dust modelling exercise’. This involved taking existing background readings of dust around the site, and making an assessment of what additional levels of dust the opencast operations would create. There are two main potential areas of concern, these being dust as a nuisance and dust and its impact on health (i.e. the respiratory systems). These are outlined below:

(a) Dust Nuisance:

PAN 50 suggests that in the control of dust nuisance, levels in the range of 200-350 mg/m2/dayare acceptable upper limits. Existing dust deposition levels around the site are currently in the order of 35mg/m2/day. If the site came into operation, dust would rise to levels in the order of 6 lmg/m2/day. (b) Air Oualitv (Health Imdications)

While there are no set standards for air quality at the present time, the National An- Quality Standards have limits which will come into force in 2004/5. These standards will seek to limit dust levels of respirable sizes (commonly known as ‘PM 10’) in the atmosphere to a figure of 50mg m-3, although this figure is currently under review. Again, existing background levels are measured and an estimation is made of hture levels when the site is operating. An existing average concentration of 48 mg m-3 was found around the site. Stanger calculate that during year one (the worst case scenario where most of the workings are within West Lothian ) the working site would contribute an additional 15% of ‘PM 10’s to the atmosphere.

However, Stanger is not in a position to advise on the implications (if any) which the above alterations to air quality may have on the health of people living in the proximity of the site. This matter is addressed in fill later in this report (para 8.2 - 8.10).

2. Noise

When judged against the recommendations contained within PAN 50, noise limits are likely to be exceeded at 3 locations, these being East and West Badallan Farms and Muldron Farm. Both Badallan Farms are owned by the current land owners of the site. All properties are working farms.

Other than the above locations, the proposal is unlikely to result in the recommended noise limits being breached.

6.2 Scottish Natural Heritage

SNH had no objections in principle to the proposal as originally submitted subject to several matters being addressed, the main ones being:-

(a) Full details required which confirm that the proposal will have no adverse impact on the hydrology of Springhill Bog.

(b) Revised restoration proposals should be submitted which aim to offer greater protection to the local landscape, particularly around the Breich Water.

(d) All non-agricultural elements of the restoration scheme should be the basis of a 10 year aftercare and management scheme, and protected in perpetuity by a Section 75 legal agreement.

These matters have been addressed, and krther details are contained nithln the Planning Assessment section of this report. 6.3 Scottish Environment Protection Aqencv (East):

SEPA East had no objections in principle to the proposal as originally submitted, but have asked that the following matters be addressed and/or noted:-

Water Oualim

Consent to discharge into the Breich Water has been sought and approved.

On the basis of plans originally submitted, there is a risk that water may be lost from the Breich Water into the site.

Particular care is required in preparing and managing site drainage, including the diversion and eventual reinstatement of the bums.

Air Oualitv

Several processes eg crushing, screening of coal etc will require authorisation from SEPA. Amongst other things, this authorisation seeks to minimise dust generation at source.

Ferruginous Discharge

In order to mitigate against possible pollution risks after the site has been restored (eg ferruginous discharge similar to that encountered in the Allanton area), SEPA recommends that an action plan be put in place. This would require the operator to identi% and isolate any iron rich material before it is placed back into the void.

Springhill Bog

Details originally submitted with the application do not appear to prove conclusively that the proposal would have no adverse impact on the nearby Springhill Bog.

Following fitrther discussions between SEPA, the applicant and both Councils, further information was submitted on matters relating to management of site water, ferruginous discharge and Springhill Bog. This additional information was able to clarify outstanding matters to SEPA’s satisfaction. Further examination of these matters can be found within para 8.45-8.5 1.

West Lothian Council

As a neighbouring authority, West Lothian Council has made the following comments on North Lanarkshire’s part of the site:-

1. Until West Lothian Council has completed its assessment of the proposed opencast within North Lanarkshire Council’s area and, in particular, following the conclusion of the assessment of noise, blasting, dust and air quality by the environmental consultant engaged by this Council, West Lothian Council is concerned that the proposals may have an unacceptable detrimental impact on the ameniv and environmental quality of the community of Fauldhouse. West Lothian Council would therefore request that North Lanarkshire Council does not determine the application until the assessment has been satisfactorily completed.

2. North Lanarkshire Council should take full account of the guidance contained in the draft revised NP.P.G. on opencast coal published by the Scottish Office in October 1998 in so far as it relates to the merits of the proposed application.

3. North Lanarkshire Council should take full account of the content of West Lothian Council’s previous objection to the policies relating to opencast coal extraction in the Finalised Southern Area Local Plan when it applies the relevant policies to the current application.

4. North Lanarkshire Council should not assume West Lothian Council’s part of the opencast site will be approved. Their assessment of their part of the site, therefore, should assume that it stands alone. Any approval by North Lanarkshire Council should also assume their site stands alone and amended plans should be sought and conditions written accordingly.

6.5 NLC Leisure Services

The Conservation and Greening Manager made the following comments:

0 The quality of information which accompanies the application is generally good.

0 The overall aims of the restoration plan are welcomed, particularly the creation of riparian zones.

0 The maximum possible retention of mature trees near West Badallan is recommended.

6.6 The Scottish Sports Council

The Scottish Sports Council has made the following comments:-

0 The proposal raises some concerns in relation to potential impact on Greenburn golf course i.e. noise and dust. These impacts should be properly controlled.

0 The proposed extension to the golf course, as part of the restoration scheme, is noted. The Sports Council suggests that the applicant should assist the golf course in more ways than simply providing land i.e. in the creation of new landforms etc.

6.7 Scottish Wildlife Trust

The SWT has made suggestion as to how the restoration proposals could be enhanced, namely wider shelter belts and the creation of ponds. 6.8 Association for the Protection of Rural Scotland

The APRS has objected to the proposed development on the following grounds:-

(a) It is likely-tohave an adverse impact on the quality of life of local residents.

(b) It will degrade an area of landscape.

(d) The potential effects on ground and surface water may be severe and need more carehl examination.

If approved, the APRS would wish to see the site pulled away from the Breich Water and wishes assurances that the Springhill Bog is properly protected.

6.9 The Coal Authontv

While it does not comment on the merits of the proposal, the Coal Authority has confirmed that the site lies to the south of ‘Leadloch’, a prospective opencast site for which a licence was granted in 1994. Such a licence is conditioned on other consents being granted, including planning permission.

6.10 Roval Societv for the Protection of Birds

The RSPB has RO objections in principle to the proposed development, but has made the following comments:-

0 There is no bird population present on site of nationaYinternationa1importance.

Measures should be taken to ensure that the nearby Springhill Bog is protected.

It is accepted that bird and mammal interest on site will not be damaged long term subject to appropriate conditions, in particular the location of weedy and rough edges to the site during operations.

RSPB has already co-operated with the applicant on restoration schemes at 2 other sites and would wish to see a similar input in this site. In particular, they would wish to see the creation of ponds on site with marshy wet grassland.

6.1 1 Central Scotland Countnside Trust

The CSCT does not object in principle to the proposed development, but would wish to make the folloning points:-

Planting should be carried out alongside the A7 1 as soon as possible to assist in the screening of works and to ensure that the restored site benefits from as mature planting as possible. 1

0 Tne CSCT would prefer to see a greater element of woodland creation within the restoration scheme.

6.12 Institute of Environmental Assessment

The IEA does not comment on the merits of the proposal, but rather makes a qualitative assessment of the Environmental Statement. Using a marking system, ranging from excellent to very poor, the IEA assesses the quality of the ES document. This is a usehl tool in the decision making process. In this instance, the ES was judged for the most part to be between excellent and very good (the top two grades). Only 2 sections were marked below these levels, these being the assessment of impact significance (which rated a ‘satisfactory’) and examination of alternatives which was considered unsatisfactory.

6.13 Historic Scotland

The site contains no sites or features of archaeologicalhistorical interest which are protected at a national level.

6.14 Scottish Fbzhts of Wav Society

There are no known rights of way within the site.

6.15 East of Scotland R‘ater and West of Scotland Water

Both authorities have no objections in principle to the proposal.

6.16 West of Scotland Archaeolow Service

The West of Scotland Archaeology Service commented as follows:-

0 The archaeological study, which forms part of the Environmental Statement, has been competently carried out.

It is accepted that the 19 known areas of interest (including 5 in West Lothian), are of local interest and not national.

It is noted that remains, where possible, \vi11 be retained, and othemise will be recorded before removal. Subject to appropriate planning conditions, the West of Scotland Archaeology Service is satisfied with the proposed measures put forward by the applicant.

6.17 Shell UK

Part of the site is within the consultation area for the high pressure ethylene pipeline which lies to the west of the site. Shell UK has been in direct correspondence with the applicant, particularly on details of blasting, and has no objections to the proposal. 6.18 Scottish Ofice Aericulture. Environment and Fisheries Department

Under the terms of the Secretary of State’s responsibilities for water supply, water protection, sewerage, flood prevention, coastal protection and waste disposal, SOAEF have no comments on the proposal, other than to note the Environmental Statement omits to mention that the Breich Water is a tributary of the River Almond which is designated as a ‘Sensitive Area’ under Section 5 of the Urban Waste Water Treatment Directive.

6.19 Scottish Power

An 1 1,000 volt overhead line will have to be diverted as part of the proposed workings, and the applicant has made suitable arrangements in this connection.

6.20 Transco

The site is within the consultation zone of a high pressure gas main which lies to the west of the site. Transco has no objections to the proposal subject to restrictions relating to blasting.

6.21 Health and Safetv Executive

In terms of the potential impacts of the proposal on nearby major hazards (i.e. the gas and ethylene pipelines), HSE has no objections to the proposal.

7. REPRESENTATlONS

7.1 The proposed development has been the subject of an extensive publicity exercise which is summarised as follows:

North Lanarkshire and West Lothian Councils placed joint adverts in 4 local newspapers and a national journal advising the public and any other interested parties, that the applications had been submitted and that these were accompanied by an Environmental Statement.

Copies of the application and Environmental Statement were put on deposit in five locations for interested parties to inspect i.e. the offices of both Planning Departments, Shotts Library, Allanton Senior Citizens Centre and Fauldhouse Library. These locations were made known through the press adverts.

7.2 In addition, the applicant was required to carry out the normal neighbour notification procedure.

7.3 Since the site falls within two Council areas, I agreed with West Lothian to forward copies of all objections received by this authority to it for consideration, and it has reciprocated.

7.4 As a result of the above, both authorities are now in receipt of the following:

19 letters of objection from individuals, all of whom are from Fauldhouse

723 letters of objection prepared in a pro-forma basis, almost all of whom are from Fauldhouse.

a petition objecting to the proposal with 756 signatures, the majority of which are from the 129

West Lothian area, with 2 names from Harthill and around 7 names from Fife.

0 letters of objection from several anti-opencast action groups, these being; ‘FACE’ (Fauldhouse Against Coal Extraction). ‘LACE; (Livingston Action Group for the Environment), ‘SPACE’ (Scottish People Against Coal Extraction) and ‘FATAL’ (Fauldhouse Against Tipping at Levenseat).

0 letter of objection from Murieston Community Council, Livingston

0 letter from Fauldhouse Community Council confirming that it did not object to the proposal.

7.5 The following is a summary of the points raised through all the letters of objection:-

(a) Policv

0 There is a presumption against the development in terms of local plan and Government policy.

0 The proposal is not needed since there is an over-production of coal in Scotland and the market for the coal has not been defined.

The proposal would not comply with the relevant planning policies contained in the Bathgate Area Local Plan, Lothian Structure Plan, draft Mothenvell District Local Plan, finalised Southern Area Local Plan, Strathclyde Structure Plan, NPPG4 and Planning Advice Note 50.

The proposal would lead to a landfill site being formed.

0 The proposal would be contrary to West Lothian’s policies on biodiversity and the West Lothian Biodiversity Action Plan.

0 The application would be contrary to the provisions of the Government’s Ten Point Plan for opencast coal extraction.

(b) Impact on Local Communities

0 The proposal would be morally wrong due to the detrimental impact on the local community, the health and safety of the residents and their quality of life.

The proposal would provide little or no local employment opportunities or input into the local economy.

Existing residents would want to leave the area and people would be deterred from investing in the area if the opencast site proceeded.

0 Blasting on the site could result in possible damage to property and flying debris could affect nearby properties. 130

The proposal would provide no benefit for the local community (as demanded in the Ten Point Plan).

The development would result in a drop in house values in proximity to the site.

No assessment has been made on the effect of stress on local residents due to impact of the opencast activity.

The dust generated by the site would affect people’s health e.g. respiratory problems, which is already poor in the area. The site would be too close to residential properties and would conflict with Government research on this issue.

The application does not provide any proof that no harm would be caused to the health of the community. Recent research shows that opencasting could have a detrimental effect on public health.

Diesel emissions from plant and vehicles would have a detrimental effect on health.

The Environmental Assessment ignores the impact on the public within the affected communities.

(d) Environment

The proposal would destroy the landscape of the area which is only now gradually regenerating from previous industrial and mineral activity.

The proposal would result in a loss of amenity to the local area due to noise, dust and disturbance.

The opencast would create a negative image of the area including the view by passengers on the Edinburgh to Glasgow Central railway line.

It would have a detrimental effect on the wildlife and habitats within and around the site e.g. the Breich Water. 131

(e) Associated Hazards

Minewater could leak from the site and pollute the environment.

There could be subsidence on land around the site (including public roads) from the excavation works and the dewatering of old mineworkings under nearby land.

The proposal could result in the release of had1gases from the site when being worked.

The workings could encounter leachate from surrounding landfill sites, including the Eastfield Quarry toxic waste site.

(f) Highwav Safetv

The traffic would create road safety and noise problems on nearby roads which already have poor accident records.

7.6 Finally, it should be noted that the applicants, through their lawyers, have made a claim that many of the letters of objection and signatures received in respect of the planning application have been falsified, and that both Councils have a duty to establish the extent of this problem. Whilst I have no knowledge of falsified objections being submitted directly to this Council, I am advised by West Lothian that in two instances, people have received letters from West Lothian in acknowledgement of letters of objection, which the recipients have claimed not to have sent. However, West Lothian were only made aware of these cases by telephone calls which have not been followed up in writing by the people involved. From the evidence available, I do not accept that there is evidence of a systematic falsification of representations.

8. PLANNING ASSESSMENT

8.1 Taking into account all of the information referred to in the preceding paragraphs, I shall conclude by examining the individual topics listed below.

Health

8.2 The alleged implications of dust from opencast coal sites on the health of those living and working around them is a very contentious issue and, one which is mentioned as a concern by many of the objectors. It is essential, therefore, that this issue is addressed in full by this report.

8.3 Government advice and guidance on this particular matter is limited. In PANSO, it is stated that,:

“The Committee on Medical Effects of Air Pollutants (COMEAP) has concluded that no convincing evidence exists to support the suggestion that air pollution from opencast mining may have a detrimental effect upon the health of those living nearby”, and also,

“Based on current advice, it secms unlikely that dust of respirable sizes could present off-site in concentrations to affect health, (but that) in some cases, larger non-respirable particles could irritate the eyes, nose and throat of those exposed”. 132

8.4 In response to concerns, the Government has commissioned research into the possible health effects of opencast coal mining, but this is still on-going. In the meantime, Draft Annex A of NPPG 4 states that planning authorities should adopt the precautionary principle and ensure that developments do not result in unacceptable levels of airbourne dust.

8.5 Whilst the extent of a health risk (if any) cannot be quantified without the findings of hrther research, the report produced by ‘Stanger’ on air quality suggests that the proposals will result in a relatively small decrease in air quality, and estimates that the total anticipated levels of ‘PM 10s’ will vary from slightly below to slightly above the proposed guideline figure of 50 mgm-3. This guideline figure is, in any case, not yet in force and is also under review, with the possibility that it may be revised upwards.

8.6 It could be argued that if the Government was of the opinion that opencast coal mines had the potential to pose a significant impact on health, then it would have already adopted the precautionary principle in imposing a moritorium on all (or at least some) new opencast operations until the outcome of hrther research is made known, and translated into Government policy. I believe that it should not be left to individual Planning Authorities to come to a conclusion on such an important issue each time it considers an application for opencast mining.

8.7 On the basis of the above comments: I would suggest that any potential increased risk would not be sufficiently great to justi@ rehsing planning permission.

8.8 It should be noted that West Lothian Council is currently seeking hrther guidance on this matter from Lothian Health Board. For my own part, I am satisfied that the results of the consultant’s report and the conclusions of Government guidance allow me to come to a satisfactory conclusion on the health issue.

Dust Nuisance

8.9 In terms of the dust impact of the proposal as a ‘nuisance’, the Council’s own investigations conclude that whilst it may result in the doubling of dust levels at some locations around the site, it would still be below recommended levels by a factor of 6. It is highly unlikely, therefore, that the proposal (if worked in accordance with the proposed scheme), would result in levels of dust where complaints would be received.

8.10 To ensure that dust does not become a nuisance, the operator will be required to prepare a dust action plan, outlining all appropriate mitigation measures, and what action \vi11 be taken if dust levels become unacceptably high. The applicant intends to monitor dust levels, including the use of a sophisticated ‘real time’ monitoring system which would alert the operator immediatelv when dust levels exceed a medetermined level.

8.1 1 The conclusions of the Council’s own noise studies concur by and large with those of the applicant. Recommended noise limits are only likely to be exceeded at 3 properties. All are working farms, where background noise levels can be quite high and 2 of these are occupied by the current landowners of most of the application site. Using the worst case scenario, the noise levels at these properties will only be exceeded by around 2-3 dba, which is not considered to be 133

significant. Other than these properties, recommended noise levels are not likely to be exceeded. On the basis of the above, I do not believe that the issue of noise should count against the proposed development.

8.12 To ensure that stated noise levels are adhered to, the applicant will undertake to carry out a noise monitoring programme, the results of which will be made available to the Council.

8.13 The conclusion of the Environmental Statement is that the proposed blasting, which will only be camed out over certain parts of the site, will be within recommended levels, will not cause damage to property or unduly harm the standard of amenity enjoyed by local people. The Councils environmental consultants have reached the same conclusion. It is the experience of the Council that blasting can be camed out on opencast coal sites in an acceptable and safe manner without exceeding the recommended levels of vibration. The main problem appears to be the mistaken assumption by those living nearby that their properties are being damaged when the blasts cause ornaments, mindows etc to rattle. This is in fact caused by vibration of the atmosphere (air overpressure) and not, by ground movement, as is often supposed. This matter can often be addressed by the operator working closely with nearby residents on the timing and nature of the blasting operation.

8.14 Another concern of objectors is the danger of ‘fly rock’ from the blasting. However, blasting is carefully controlled by the Health and Safety Executive and I am not aware of this being a problem on other sites in North Lanarkshire.

8.15 Both Shell UK and British Gas Transco have no objections to the use of blasting in proximity to their pipelines subject to certain restrictions being applied.

8.16 The blasting programme would be accompanied by a monitoring programme to ensure that the stated levels are not exceeded. On the basis of the above, I have no objection to the use of blasting at this site.

Landscaue and Visual Imuact

8.17 Other than the undulating landform of the site, which can easily be recreated at the restoration stage, the most significant visual features on the site are the mature trees. These surround each farm house (particularly West Badallan) and can be found in a substantial terrace between the two farms. Following discussions with the applicant, further tree retention around the farms has been achieved. However, the intervening tree belts would be lost, and there appears to be no feasible way of both retaining these trees and working the site.

8.18 Opencast coal sites have the potential to inject a significant and detrimental impact on the visual amenity and character of wide areas. Given the site’s location adjoining 3 roads, including the A7 1 which is the main arterial routeway into this part of North Lanarkshire, it would appear at first inspection to offer the potential for such a serious impact. However, there are several mitigating factors in favour of the proposal.

8.19 Firstly, all site workings are to be located to the south of the disused railway embankment which runs through the site. This will act as a visual barrier when the site is viewed from most of the B70 10 to the north. For the most part, only the tops of soil mounds would be visible. It is for this reason that the Visual Impact Assessment which forms part the Environmental Assessment correctly classified the visual impact in this area to be slight. 134

8.20 From Fauldhouse, due to the railway embankment of the Shotts-Edinburgh line and an area of forestry, few locations will be afforded views of the site, and the impact of any views would be negligible.

8.2 1 To the north, Leadloch and Braehead Farms and Fauldhouse railway station are slightly elevated over the site.The ES describes the impact from the first 2 locations as moderate (it does not specifically mention the railway). However, these views will be'mainly of the overburden mound, which will be seen with a backdrop of forrestry, and views of the excavations will not be possible.

8.22 Along the southern and western edges of the site, i.e. where the site adjoins the A71 and B715, soil bunds would be positioned to assist in the screening of the workings. These bunds would be graded and grass seeded, A similar layout has been used over part of Scottish Coal's nearby Damside Opencast site to reasonable effect. These bunds will not offer users of the road total protection from the workings of the site, and the ES describes the visual impact as moderate.

8.23 Views of the excavations from surrounding roads are unlikely for the first 2 years or so of the workings (including the West Lothian Section). Only the last 3 cuts are likely to be visible, (i.e. over the last 1 % years of the 3% year life of the total development).

8.24 The yard complex will be in a place for the full life of the proposal. However, this part of the site will be partially enclosed, being behveen a forest to the east and the wooded area of West Badallan to the west and a 5.0 m high soil bund to the south. Clear views of the yard will be restricted to a relatively short stretch of the A7 I.

8.25 At 15.0 m in height, no amount of screening will hide the proposed overburden mound, although the bunds and trees mentioned in the preceding paragraph will offer it a degree of visual protection. However, by grass seeding and shaping the mound, it will be possible to integrate this large feature into as natural a shape and colour as possible. The grass seeding will also assist in cutting down on dust being blown from the mound.

8.26 The ES suggests that the only location where the visual impact would be significant is at the farmhouse at Muldron to the south of the A7 1 which, due to its location and elevation, will look directly into the site. There are no feasible means of reducing this impact. The occupiers of the farm have not objected to the proposal.

8.27 There are other locations where clear views may be had of large parts of the site e.g. from Levenseat. However, these view are from some distance from the site thus lessening their impact.

8.28 To conclude on the matter of visual impact, I believe that the proposed workings will not, on balance, result in a degree of visual intrusion into the surrounding area which would merit the refusal of planning permission. Follonring on from this conclusion, I also believe that in terms of its wider impact, the proposals will not significantly hinder Fauldhouse or the wider area's potential as a business or tourism centre. 135

Archaeoloev

8.29 Whilst there are a large number of sites of archaeological interest within the application boundaries, none are of special importance. Those which will be removed will be recorded and others, outwith the working area, will be retained. The net result could therefore be argued to be a greater understanding of the archaeology of the area.

Transportation

8.30 Access to the site would be from the A7 1 close to the existing farm access to West Badallan. This mill involve some road widening to accommodate a right turn facility into the site. This is designed to a standard recommended by the Council as Roads Authority, and I consider its location and layout to be acceptable.

8.3 1 The access and yard area would be separated by an 80m long stretch of tarmac, and lorries leaving the site would pass through an automated high pressure wheel and underbody wash which is generally very effective. This should help prevent mud and dust being brought onto the A7 1 from the site.

8.32 Many of the objectors have identified highway safety as a key concern, particularly in relation to the additional lorry traffic that it would generate. Traffic leaving the site will travel both east and west along the A7 1 on roughly a 5050 basis. The proposed routes are all accessed entirely by A class roads, which I believe to be quite capable of accommodating extra traffic of this nature and volume. The proposed routes will avoid less suitable secondary roads. Each of the 2 main routes would accommodate approximately 3/4 extra lorry loads per hour, restricted to 7.00 am to 8.00 pm Monday - Friday only.

8.33 As part of the ES, the applicant has commissioned a firm of Transportation Engineers to carry out a ‘Traffic Impact Assessment’ of the proposal. As part of this study, accident statistics were examined, but they do not show any particular risk specifically associated with HGV lorries. It concludes that due to the relatively low traffic volumes associated with the development, any increased potential risk associated with development traffic would be negligible.

8.34 There is also the matter of amenity to consider, in respect of noise and disturbance from the lorries, and the impact on those living on or close to the proposed routes. Taking into account the nature of the roads used and the numbers of additional lorry movements it is considered that the amenity of those people is unlikely to alter significantly. However, the Committee should note that the proposed route westwards allows traffic to pass through Allanton. Previous routing agreements for other sites e.g. at Damside and Morningside, discourage traffic from passing through Allanton. However, there have been no objections to this element of the proposal and I am satisfied that this option is reasonable.

8.35 Relevant policies within the Structure Plan and Draft Local Plan require operators to consider the possibility to transporting coal by rail. In response to this matter, the applicant has stated that much of the coal will make a significant part of its journey by rail (i.e. from Mossend), but that the incorporation of a rail siding within the site would not be feasible. (Members will recall that consent to upgrade the Mossend roadrail coal handling facility was granted on 24th February 1999).

8.36 Whilst I fully understand the depth of feeling of objectors on the issue of road safety and amenity, it is my opinion that anticipated impacts will not be significant, and not sufficient to allow the proposal to be refused 136

Site Restoration and Aftercare

8.37 The site in its present form is fairly bland in appearance, but with some items of interest, for example the mature tree belts between and around the two farmhouses. Ecologically, the potential of the site, afforded by the presence-of 3 watercourses and some bog areas, was being lost, primarily due to the intensive manner in which the site was being operated. In assessing the proposed restoration scheme, I shall have in mind the opportunity afforded by the proposal in enhancing the environmental and ecological interest of the site and how this can be linked to benefits for the local community.

8.38 The original restoration plan, whilst good in parts, did not match up with my aspirations for the site. In particular, ecological benefits were limited and it did not seem to acknowledge the site’s location within the Breich Valley. This opinion was one shared with West Lothian’s planning officers who welcomed the proposed extension to the golf course, (whilst suggesting that the operator should assist the club more by carrying out the necessary earth moving works), but questioned the need for a community woodland.

8.39 In response to the above concerns, a revised scheme was submitted which indicated the following:

- Ponds adjoining the watercourses (two in North Lanarkshire and one in West Lothian). These features will help encourage birdlife and are welcomed by several consultees.

- Tree belts widened to 30m from 20m, and sited away from the Breich Water so as to allow for the valley to become a more discernible and attractive visual feature.

- Embankment of disused railway to be removed, allowing for more open and attractive views of the site.

Community woodland (in West Lothian) to be replaced by an extensive area of wet grassland, thus contributing towards the bio-diversity of the area.

- Works to facilitate the estension to the golf course to be carried out by the operator

8.40 The proposed restoration scheme would, in the long term, offer benefits visually, ecologically and to the local community. Further discussion on how much weight should be given to these benefits in assessing this proposal can be found within para 8.65.

8.41 To ensure that items such as the ponds and the wet grasslands are created properly, it would be for the applicant to appoint suitably qualified experts to attend to these matters. These would then be the subject of a longer than usual aftercare period (1 0 years). Also, all non-agricultural items, excluding the golf course, would be the subject of a Section 75 Agreement ensuring their protection in perpetuiv, and preventing any invasion of the agricultural business into these areas.

West Lothian Planninp Application

8.42 Consideration should be given to the possible scenario whereby this application is granted planning permission, but West Lothian refises its own part. As the proposal stands, both parts would have to be granted for the development to proceed, but it would appear quite feasible for plans to be altered to allow the North Lanarkshire part to go ahead on its own. Th~swould involve removing cuts Ib and 2 and the retention of the un-named bum. Should such a case arise, I would suggest that the entire restoration scheme should remain unchanged i.e. including the proposed grass wetland and golf course extensions, which are within West Lothian, as these are important elements in the applicant’s case for environmental and community benefit.

8.43 At the time of writing this report, West Lothian Council’s Director of Planning had yet to make a recommendation to his committee.

8.44 In response to West Lothian Council’s comments on this application, I would suggest that I have taken cognizance of all 4 of its recommendations.

8.45 The main concerns and impact relating to these matters are outlined below:

(a) Ground Stability -

The Committee will be aware of problems relating to the Drumshangie Opencast Coal Site, where workings have resulted in the ground movement around 2 public roads leading to their closure. Partly as a result of this matter, several objectors have similar concerns for the stability of the A7 1. In response to this matter, the applicant submitted a report from a firm of consulting civil and structural engineers which confirms that the integrity of surrounding public roads wiI1 be in no way prejudiced by the proposed workings due to the nature of the rock cover.

(b) Femeinous Discharge

In response to the concerns of SEPA on the above matter (also referred to as Mine Water Rebound), the applicant has agreed to prepare a policy for the handling of iron rich soils found on site. After identification, they would be isolated and later encapsulated in clay and buried. This will prevent ferruginous discharge from the site at a later date, and meets with the approval of SEPA.

Leachate of Pollutants from Nearbv Landfill Site

A concern of several objectors is that polluted ground water from nearby landfill sites will be found within the site, and that this will then pollute the Breich Water. Whilst this concern is understandable, information from bore holes taken on the site do not confirm this to be likely. Should it prove to be a problem in the future, then SEPA will have the power to step in and address this matter, through the discharge licence already issued by it in respect of this proposal.

8.46 A related concern of objectors is that the workings will cause the release of poisonouse gases via old mine workings. Again, bore hole information suggests that this will not be the case, but the operator will monitor gas levels continuously.

Surface Water

8.47 Concerns were expressed by SEPA, West Lothian Council and my Department over the proximity of the proposed workings to the Breich Water. It was suggested that the Breich could partly drain away into the void with obvious implications for the integrity of the bum and its ecology, as well as putting undue pressure on the water management and treatment system within the site. To counteract this problem, the workings were pushed back around 15m. SEPA are now satisfied that this will adequately address this matter although suggest that water levels on the bum should be monitored.

Ecologv

8.48 The ES suggests that the ecological value of the site is generally quite low.

8.49 The loss of the areas identified as being of higher ecological value i.e. the remnant wet heath and semi-improved grassland, is tempered by the fact that drainage and tree planting has already diminished their ecological value, and if left untouched will continue to fall.

8.50 The bums to be diverted appear to be of low ecological value, and there are obvious signs of poaching by cattle. The Breich Water is by far more important and it remains untouched.

8.5 1 Although largely outwith the application site, many consultees expressed concerns regarding the potential impacts of the workings on the surrounding bogs, particularly Springhill. The problem is that if any parts of the bogs are connected in any way to the working area, and the connection severed, then the bogs would be drained. As a result of the above, the applicant camed out a programme of bore testing to assess the extent of the bogs. This concluded that there is no inter- connection and that the integrity of the bogs should remain intact.

8.52 An assessment of the potential for ecological enhancement can be found within para 8.37-8.41.

Cumulative Impact

8.53 It is clear from reading many of the letters of objection, that many people in Fauldhouse feel that they are becoming ‘hemmed in’ by what are potentially very disruptive uses and I have some sympathy with them on this matter. As well as this proposal, West Lothian are currently considering a planning application for an opencast site to the east of the town at Stonehead Farm. To the south are Levenseat quarry and Muldron landfill site and to the north is the dormant landfill site at Eastfield and the Polkemmet site where West Lothian is actively encouraging the removal of bings and remains of old mine workings through an opencast development. Planning permission for the latter has previously been granted, but has now lapsed. Finally, the area to the north of the Badallan site is identified in the Structure Plan and Finalised Draft Local Plan as a preferred area for opencast coal extraction.

8.54 Despite the above, I am nevertheless of the opinion that the proposal will not add to the cumulative impact to such an extent to merit a refusal of planning permission for the following reasons.-

8.55 Firstly, many of the sites mentioned above do not have planning permission, and it will be up to the Council in question to carry out a cumulative test for the particular proposal in hand.

8.56 Secondly, the environmental consultants acting on behalf of both Councils camed out an examination of the impacts of both the Badallan and Stonehead Farm sites working simultaneously. The conclusions were that on the basis of the worst case scenario, dust deposition would still be well within guidelines, and that air quality would decrease by around 5% at a small number of locations, and not vary at all at others,

8.57 Finally, despite being sited well away from Fauldhouse, the opencast site at Damside is due to stot, coaling before October 2000. r Y 8.58 On the basis of the above, I do not see the issue of cumulative impact as being one which would merit the refusal of planning permission. Should West Lothian disagree with this assessment, it will, of course, be able to refuse planning permission for any additional opencast site in the proximity of Fauldhouse.

Other Matters

8.59 The following is a summary of other concerns raised by objectors, along with my response.

(a) “There is no need for the coal”

Response- NPPG 4 Annex A(Drafi) states that while there is no short or medium term shortage of opencast coal in Scotland, demand should nevertheless be determined by market forces. In any case, the operator is satisfied that there is a market for this particular coal, and has stated that contracts are already in place for its sale.

(b) “The site will become a landfill site when the coaling is complete”.

Response

The planning application under consideration does not allow for the use of the site as a landfill site, and the applicant has stated that it is not their intention to apply for permission. Should such an application be submitted then it would be treated on its merits and the public consulted in the normal fashion. In the meantime, however, the possibility of landfill is not a consideration in the determination of this application.

Response

The issue of property values is not one which is a planning consideration, and therefore should not be taken into account in the determination of this planning application.

-Policv

8.60 As stated above, there is a great deal of policy advice and guidance relating to this proposal and this section will make an assessment of how the proposal fits in with policy requirements.

8.6 1 Preferred area status for mineral extraction has been conferred upon the site for some time. It has featured in the Strathclyde Structure Plan since 1985 and the Motherwell District Council Consultative Draft Local Plan since 1995. This has followed through to the 1995 Structure Plan and the 1998 Finalised Draft Local Plan. The 1982 Shotts Local Plan, whilst now rather old, does not preclude opencast coal extraction at this site.

8.62 Weight given to the adopted and draft local plans should be limited due to their respective age and status. However, a combination of the Structure Plan and the nature of emerging local plan policy lead me to believe that the principle of opencast development on this site is acceptable, with the proviso that the stated criteria within relevant policies are met. An assessment of tlus criteria is made elsewhere in this report, and I do not consider the proposal would result in impacts of a nature and significance which would merit the refusal of planning permission. Accordingly, the proposal is considered to be in accordance with adopted and draft local and structure plan policies.

8.63 I would suggest that the other main piece of guidance to be considered is the draft annex to NPPG 4. Amongst other matters to consider, the draft guidance asks that proposals should be put to the following tests:

(a) Is the proposal environmentally acceptable, or can it be made so by the use of planning conditions or agreements?

(b) If not, does it provide local or community benefits which sufficiently outweigh the likely impacts to justify the grant of planning permission?

8.64 It is my opinion that the proposal meets the requirements of the first test.

8.65 However, the guidance also asks that proposed workings should only proceed where they are likely to provide an overall benefits to the local community, which in this case would be Fauldhouse. Of the likely benefit, the proposal will result in the ecological enhancement of the site with some landscape improvements, the removal of some spoil heaps and the provision of the golf course extension. Of the disbenefits, the most significant one (i.e. the disruption to the character and appearance of the site) is not particularly evident from within the community of Fauldhouse itself. The following is a brief assessment of how I believe the proposal noted, complies with the draft guidance’s advice on how to weigh up benefits and disbenefitx-

the working face is 650 metres from the closest part of Fauldhouse, which is in excess of the recommended guidelines of 500 metres.

it will not result in an “extended extraction period” which the guidance suggests is in excess of 5 years.

the applicant has stated that the proposal will not be subject to repeated extensions.

the cumulative impact of this and other opencast sites would not be unacceptable.

it would not result in significant increases in road traffic passing through communities.

the application has been accompanied by adequate information.

good provisions for restoration and aftercare have been made.

there are no national or international heritage designations in the vicinity.

the proposals have taken cognisance of local amenity and wildlife interests.

it will not result in unacceptable levels of airbourne dust.

it will not result in the unacceptable contamination of ground and surface water.

it will not result in unacceptable levels of noise. 1

8.66 Weighing up the benefits and disbenefits noted above, it is my conclusion that while neither are particularly significant, the benefits will outweigh the disbenefits.

9. Conclusion

9.1 Since being submitted in July of last year, this planning application has been subjected to carehl and extensive scrutiny by my Department, West Lothian Council environmental consultants, numerous consultees and many local people. During this time, many matters of clarification and change have been required of the applicant and these have been met on the whole. The conclusion of the assessment of many possible individual impacts of the opencast proposal, as outlined above, is that the proposal will be in accordance with adopted and emerging policy and guidance on opencast coal extraction, and that there will be no significant adverse effects on the community of Fauldhouse, (where almost all of the objectors are based). Arguably the most significant impact i.e. the alteration to the character and appearance of the site for a period of time, will not be particularly apparent to the people of Fauldhouse. Once completed, the proposal will allow for some visual enhancement and the creation of properly managed and protected ecological features entirely missing from the site in its present form, and also the provision of an extension to the local golf course.

9.2 Weighing up all the information before me, I recommend that planning permission be granted. However, before any consent is issued by the Council, it should be noted that the following mattershteps must be satisfactorily concluded:-

(a) The application must be referred to the Secretary of State under the terms of The Toin and Country Planning (Notification of Applications) (Scotland) Amendment (No 2) Direction 1998.

(b) A Section 75 Agreement should be concluded, seeking to control the following matters

(I) Implementation of 10 year aftercare and management scheme for non- agricultural elements of the site. (11) Future retention of all non-agricultural items of restoration. (111) Canying out of noise and dust monitoring. (N) Containment of ferruginous material.

9.3 The Committee should be aware that if planning permission for this proposal is granted, the monitoring of site operations will require a considerable committment by this Department in terms of time.

9.4 The Committee is reminded that some of the objectors have requested a hearing before a decision is made on the planning application. 2

APPENDIX

Planning Application No. S/98/00969/MIN : CONDITIONS

(1) That no development shall commence on site until West Lothian Council have issued a valid planning permission for the proposed development covered by planning application ref. no. 0606Ml1998.

Reason: The proposed development as it currently stands, cannot be worked independently of the West Lothian part of the development site.

TIME LIMITS

That the development hereby permitted shall be commenced within 2 years from the date of this consent, and that the applicant shall give the Planning Authority at least 7 days written prior notice of his intention to commence work.

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

That all mineral extraction operations shall cease within 3% years from the date of commencement of the development, which date shall be determined by the Planning Authority.

Reason: To accord with the submitted details and to give the Planning Authority the opportunity to review their position.

That the site shall be restored to final contour levels as specified in figure no. 4.2 within the Environmental Statement, 110 later than 1 year after the cessation of mineral extraction, the date of which shall be determined by the Planning Authority.

Reason: In accordance with submitted details and to ensure the timeous restoration of the site.

That all excavation, associated operations, crushing and screening shall only be carried out between the hours of 7.00am and 7.00pm Monday to Friday inclusive (excluding national public holidays), and there shall be no working at any other times.

Reason:In the interests of amenity.

That without the express written consent of the Planning Authority, and within the exigencies of any Health and Safety requirements, only essential maintenance, servicing and testing of plant and equipment shall take place between the hours of 07.00 and 13.00 on a Saturday.

Reason: In the interests of amenity.

That no coal shall be removed from the site except between the hours of 7.00am to 7.00pin Mondays to Fridays and excluding national public holidays. 143

Reason: In the interests of amenity

(8) That this permission only allows for the removal of coal from the site, and no other materials including topsoil or subsoil shall be removed at any time, and no materials including refuse, bulk material or coal shall be imported to the site for any purpose at any time without the prior written approval of the Planning Authority.

Reason: To minimise vehicle movements and in the interest of sound land management.

VEHICULAR ACCESS AND RELATED MATTERS

(9) That the only vehicular access to and from the site shall be from the A7 1 at the position shown on approved plans.

Reason: In the interests of road safety.

(1 0) That the vehicular access shall be constructed in accordance with the details specified in plans nos C0001,2 + 3 which accompanied the planning application and for the avoidance of doubt shall accord with the undernoted requirements:-

(a) visibility splays of 9.0 rn x 215 m to be maintained

(b) 10.5 m kerb radii with 7.3 m wide access

Reason: In the interests of road safety.

(1 1) That prior to any works being commenced within the application site other than the formation of the compound, parking areas, site accommodation and associated engineering works, the creation of the access works as required by condition (IO), shall be completed in full.

Reason: In the interests of road safety.

(12) That prior to the removal of any coal from the site, wheel cleaning equipment shall be installed as described in approved drawings and maintained throughout the duration of the operations, and in the event of any deposit of mud or any other material on the public road, the deposits shall be cleared as soon as possible.

Reason: To prevent mud or detritus being carried onto the public roads in the interests of road safety.

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

Reason: To minimise dust emissions and to prevent material falling onto the public roads in the interesls of amenity and road safety. 144

(14) That the main site access shall be paved or finished in a sealed surface material for its length between the wheel wash and the public road.

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

(1 5) That advanced warning signs shall be placed at positions on the A71 to be agreed with the Planning Authority, warning drivers of the existence of an access to an opencast coal site, and these shall be in place prior to the removal of any coal from the site and shall be maintained in a satisfactory condition throughout the duration of the mineral extraction operations.

Reason: In the interests of road safety.

(16) That before development starts, details of the surface finishes to all parking and inanoeuvriiig areas shall be submitted to, and approved by, the Planning Authority.

Reason: These details have not been submitted.

(1 7) That the proposed routing of lorry traffic from the site shall accord with those details contained within the planning application, and any material alterations to the proposed routing must be agreed in writing by the Planning Authority.

Reason: In the interests of road safety and amenity.

SOIL STRIF'PING AND STORAGE, ETC.

(1 8) That the operations and works hereby approved shall be carried out in strict accordance with approved details and no amendments to this working scheme shall be implemented without the prior approval of the Planning Authority.

Reason: In order that the Planning Authority might retain effective control in the interests of amenity and land management.

(19) That at least 48 hours notice shall be given to the Planning Authority before any soil stripping commences and at the request of the Planning Authority, the extent of areas to be stripped shall be pegged out in advance.

Reason: To allow the Planning Authority the opportunity to assess the suitability of weather and ground conditions.

(20) That no movements of soil shall take place except when the full depth of soil to be stripped, or otherwise transported, is in a suitably dry soil moisture condition, and conditions are sufficiently dry for the topsoil to be separated from the subsoil.

Reason: In the interests of soil management.

(21) That the topsoil and subsoil shall be stored in separate mounds, as illustrated generally on the approved working plans; and the topsoil and subsoil mounds shall be graded, grass seeded and managed throughout their respective periods of storage, and the overburden mound, once at its final size, shall be graded to an even slope and grass seeded. 145

Reason: In the interests of soil management, visual amenity and to minimise dust emissions.

(22) That the soil mounds referred to in condition (21) above shall be formed and removed as required in accordance with a soil mound phasing plan to be agreed in advance of any soil stripping operations on site.

Reason: To ensure maximum possible protection from potential noise, dust and visual impacts from the workings.

(23) That the following conditions shall be observed to the satisfaction of the Planning Authority:-

(a) before any part of the site is excavated or is traversed by heavy vehicles or machinery (except for the purpose of stripping that part), or is built upon, or is used for the stacking of subsoil or overburden, all available topsoil shall be stripped froin that part of the site;

(b) before the overburden mound is created in the position illustrated on the approved plans, all available subsoil as well as topsoil shall be stripped from that part of the site;

(c) subsoil as well as topsoil shall be stripped from all areas to be excavated for the compound, haul roads and other areas to be traversed by heavy machinery;

(d) the overburden mound shall not exceed 15m in height and

(e) all areas of the site left undisturbed, and all topsoil, subsoil and overburden mounds shall be kept free from weeds throughout the duration of the operations.

Reason: In the interests of soil management and amenity.

NOISE AND BLASTING

NOTE:- CONDITIONS RELATING TO NOISE, BLASTING, AND DUST ARE CURRENTLY UNDER REVIEW IN CONSULTATION WITH WEST LOTHIAN COUNCIL AND THEY MAY BE SUBJECT TO ALTERATION

(24) That the proposal shall accord with a ‘noise action plan’ and ‘blasting action plan’ to be agreed by the Planning Authority in advance of any works commencing on site.

Reason: In the interests of amenity.

(25) That notwithstanding the terms of condition (24) above, noise levels emanating from the site caused by excavation and associated operations, including transport, maintenance, crushing and screening shall not cause the following noise levels to be exceeded at noise sensitive properties:

55dB Laeq (1 hour) between the hours of 07.00 and 19.00 Monday to Friday inclusive and the hours of 07.00 and 13.00 on Saturdays.

Reason: In the interests of amenity. 146

(26) That notwithstanding the terms of condition (24) above, noise levels caused by soil stripping and the creation of bunds shall not exceed 70dB Laeq (1 hour) at any noise sensitive property, between the hours of 07.00 to 19.00 Monday to Friday inclusive, for a period not exceeding 8 weeks in one year.

Reason: In the interests of amenity.

(27) That the noise and blasting action plans shall include a programme for monitoring noise and vibration generated by the operation of the site (including measurement locations, frequency of monitoring and methodology), the conclusion of which shall be made available to the Planning Authority.

Reason: In order to allow for the proper monitoring of noise and blasting in the interests of am en i ty .

(28) That the noise action plan shall include procedures for the investigation by the operator of exceedence of noise levels (as set out in conditions (25 and 26) above), and where identified? any operations giving rise to noise levels exceeding specified limits shall be suspended until such time as appropriate remedial action is implemented. A log book shall be kept on site, and be available for inspection at any reasonable time by an officer of the Planning Authority, detailing the excedence, the subsequent investigation and any remedial action implemented.

Reason: In order to allow for the proper control of noise from the site in the interests of amenity.

(29) That the noise and blasting action plans shall include procedures in instances where relevant noise and vibration conditions are not complied with because of an emergency, and in such instances the operator shall, as soon as possible, and in any event not later than 14 days after the breach, provide the Planning Authority in writing of details of the nature of the emergency and reasons why the noise/vibration condition was not adhered to.

Reason: To allow for the proper control of noise and blasting at the site in the interests of amenity.

(30) That the noise and blasting action plans shall include procedures for dealing with complaints from local residents, and in particular the operator shall carry out investigation to establish the justification (or otherwise) of the complaint. Details of the complaint, the likely cause and any relevant remedial action shall be entered in a log book held on site and available for inspection at any reasonable time by an officer from the Planning Authority.

Reason: To allow for the proper control of noise and blasting at the site in the interests of amenity .

(3 1) That notwithstanding the generality of condition (24) above, blasting at the site shall comply with the following:

(a) blasting to be confined to the hours of 10.30 and 16.00 Monday to Friday inclusive, excluding national bank holidays. 147

without the prior written consent of the Planning Authority, within the exingincies of any Health and Safety requirements, the number of blasts shall not exceed two any one one week, with a maximum of one blast per day.

no blasting shall be carried out during a temperature inversion and blasting shall be avoided under weather conditions which are likely to direct the blast air overpressure towards noise sensitive properties.

blasting shall only take place when preceded by visible and audible warnings. Prior to the commencement of operations on the site, the occupiers of all properties around the site shall be notified in writing of the nature of warnings.

appropriate blasting techniques shall be adopted and instantaneous charge levels selected such that the resultant peak particle velocity shall not exceed 6mm/s in any one plane in 95% of all blasts and no individual blast shall exceed peak particle velocity of 1 Omm/s as would be measured at any vibration sensitive property.

the operator shall notify the Planning Authority and the occupiers of any vibration sensitive property by writing in advance (at least 24 hours notice) of any blast. The notification shall include the intended blasting programme and any subsequent changes.

the operator shall submit details of procedures for the notification of blasting to Transco and Shell UK in respect of their adjoining pipelines.

Reason: In order to properly control blasting operations at the site, in the interests of amenity.

That all vehicles and mobile plant on site shall be properly maintained, and provided with suitable and effective silencers where appropriate, or provided with full acoustic screening.

Reason: To minimise noise generation from plantlvehicle movement in the interest of amenity.

That all vehicles and plant used within the site shall be fitted with reverse warning equipment which adjusts their noise level automatically to 5dB(A) above the ambient noise level.

Reason: To ensure that no noise nuisance emanates from the site in the interests of amenity.

DUST

That the proposal shall comply with the terms of a ‘dust action plan’ to be agreed with the Planning Authority in advance of any works commencing on site,

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

That notwithstanding the generality of condition (34) above, the action plan shall accord with the following:

(a) dust suppression equipment, including water spray equipment, shall be available on site at all times and used as required to prevent dust emissions from the site. All areas likely to give rise to airborne dust shall be watered at regular intervals to prevent any dust emission adversely affecting adjoining land or residents. 148

(b) a programme for the monitoring of dust generated by the operation of the site, including measurement locations, frequency of monitoring and methodology. The results of this monitoring shall be submitted to the Planning Authority as soon as possible after they become available, and the site operator shall make further provision for reasonable additional measurements following a request by the Planning Authority.

(c) any adverse increase in dust levels, due to site operations, shall be immediately investigated by the site operator. Where identified any operations giving rise to adverse increases in dust levels shall be suspended until such time as appropriate fast measures have been implemented. A log book shall be held on site and be available for inspection at any reasonable time, by an officer of the Planning Authority, detailing any such adverse increases in dust levels, the subsequent investigations and my remedial action implemented.

(d) where a local resident has cause to make a complaint about dust generated froin the site, the site operator shall carry out investigations to establish the justification, or otherwise, of the complaint. Details of the complaint the likely cause and relevant remedial action shall be entered in a log book, held on site. Said log book shall be kept available for inspection at any reasonable time by an officer of the Planning Authority.

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

ENVJRONMENTAL PROTECTION, ETC.

(36) That prior to the cominencement of any earthworks within the site, secure fencing of a specification, height, style and position to be agreed in advance by the Planning Authority shall be erected around the perimeter of the working area of the site.

Reason: In the interests of public safety.

(37) That all perimeter fences and gates shall be inspected regularly and a log kept of all these inspections the results of which will be made available, if required, by the Planning Authority.

Reason: In the interests of public safety.

(38) That no trees shall be removed without the prior approval of the planning authority, and for the avoidance doubt, the proposal will allow for the retention of those trees immediately to the east and south of East Badallan Farm, those trees around and to the north of West Badallan Farm, and the mature trees adjoining the A7 1 at its junction with the B7 15.

Reason: In the interests of amenity.

(39) That all hedges and trees within the site to be retained shall be maintained and protected from damage by appropriate temporary fencing where required throughout the duration of the operations until restoration is completed, the position of the fencing to be agreed with the Planning Authority.

Reason: In the interests of amenity. 149

(40) That no stripping of topsoil or deposition of any material shall be carried out within 3 metres of any hedge or the canopy of any tree, and no excavation works shall take place within 121n of the canopy of any tree.

Reason: To protect the existing vegetation, and in accordance with submitted details.

(41) That for the avoidance of doubt, an area of 30m alongside the Breich Water shall be kept free of all development, including the siting of soil mounds, formation of drainage ditches etc and this area shall be protected by fencing of a specification to be agreed in advance by the Planning Authority.

Reason: To protect and enhance the Breich Water and its setting, and in accordance with the terms of submitted details.

(42) That no development shall take place within the site until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the developer for the prior approval of the Planning Authority and which complies fully with terms of reference to be issued by the West of Scotland Archaeology Service on the Authority’s behalf.

Reason: In accordance with submitted details, and to ensure the proper protection and recording of archaeological remains.

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

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

(44) That settling ponds shall be provided within the site to the satisfaction of the Planning Authority in consultation with SEPA.

Reason: To prevent pollution of natural watercourses.

(45) That any oil, fuel, lubricant or other potential pollutant shall be handled on the site in such a manner as to prevent pollution of any watercourse or groundwater. For any liquid other than water, this shall include storage in suitable tanks housed within a suitable bund or other means of enclosure to provide containment for 110% of the storage capacity and with no passive means of discharge.

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

(46) That before any soil stripping or other excavation works commence within cut 6, a supplement to the ‘Weeks’ report on Springhill Bog, shall be submitted to the Planning Authority for its prior approval in consultation with SNH, and this shall comprise the following:- 150

(a) 2 exploritory boreholes, in locations to be agreed in advance, but approximately around NS X and NS Y, and the submission of their findings.

(b) Based on the conclusions of (a) above, the submission of a revised working area should there found to be any adverse impacts of the site workings on the hydrology of the adjoining bogs.

Reason: To ensure the protection of the bogs in the interests of nature conservation.

(47) That the site shall operate in accordance with the terms and conditions set out within the report entitled, “Details for Site Works Associated with Water and Workings in Coal Seams” and where there is any conflict with planning conditions, then the planning conditions will take precedance.

Reason: In the interests of good water management.

(48) That the proposed development shall accord with the terms of a ‘ferruginous soil action plan’ to be submitted to the Planning Authority for its prior approval in consultation with SEPA prior to works commencing on site), and this shall outline procedures for the identification, isolation, storage, encapsulation, burrying and recording of such material.

Reason: In the interests of sound level management, and to minimise post restoration pollution.

(49) That before works commence on site, measures designed to mitagate impacts on bird life within the site shall be submitted to the Planning Authority in consultation with RSPB, and this shall include the establishment of weedy and rough edges around the operational site.

Reason: To protect birdlife in the vicinity of the site in the interests of nature conservation

(50) That before works commence on site, a monitoring regime and action plan centering on the Breich Water shall be submitted to the Planning Authority in consultation with SEPA and this shall address the following matters:

(a) Details of means of assessing water levels at 2 points including details and locations.

(b) Details of a regular monitoring programme, results of which shall be made available, if required, to the Planning Authority.

(c) Details of appropriate mitagation measures should the conclusions of (a) and (b) above indicate the de-watering of the Breich Water into the site workings.

Reason: To protect the integrity of the Breich Water in the interests of sound water management.

(51) That within 6 months of works commencing on site, an “otter ledge” or dry culvert of a specification to be agreed in advance by the Planning Authority in consultation with SNH, shall be installed beneath the Muldron Bridge.

Reason: To minimise otter deaths on the A71 in the interests of nature conservation. 151

RESTORATION

That before development starts, a phased restoration plan shall be submitted for the approval of the Planning Authority, and for the avoidance of doubt, this plan shall be based on the revised plan dated 14/1/99 which forms part of this planning permission.

Reason: To ensure enhanced site restoration.

(53) That the restoration of the site shall be carried out in accordance with the final contours and other details illustrated on figure 4.2 of the Environmental Statement hereby approved to the satisfaction of the Planning Authority.

Reason: In the interests of proper land management.

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

Reason: To minimise the period of environmental disruption.

(55) That, notwithstanding conditions (52) above, the following conditions shall be observed in the restoration of the site to the satisfaction of the Planning Authority:-

following the replacement of overburden, and before the replacement of subsoil, the upper layers of the overburden shall be rooted and cross-rooted to a depth of 5001n1n, with boulders and stones exceeding 250mm in one dimension being removed from the site or buried on the site at a considerable depth;

all available subsoils shall be re-spread evenly in separate layers of 300mm depth and each layer shall be rooted and cross-rooted, with boulders and stones exceeding 150mm in one dimension being removed;

all subsoil areas which have been used for the storing of other subsoil or topsoil shall be rooted and cross-rooted in a similar manner to (b) above;

following the replacement of subsoil, all available topsoil shall be re-spread evenly to achieve the final level and configuration, and shall be rooted and cultivated as required with all stones exceeding 1 OOmm in one dimension being removed;

all operations involving subsoil and topsoil replacement and cultivation shall only be carried out when the full volume of soil involved is in a suitably dry soil moisture condition to minimise soil damage and to maximise the effects of the rooting operations, and

that at least 48 hours notice shall be given to the Planning Authority of intention to spread subsoil and topsoil to allow for inspection of the area by the said Authority.

Reason: In the interests of sound soils management. 152

(56) That upon cessation of mineral extraction, all settlement ponds shall be emptied of slurry, filled with dry inert material and restored, and all areas of hardstanding shall be broken up and restored.

Reason: In the interests of effective land management.

(57) That within three months of the completion of the restoration of the site required in terms of conditions (52) above, all fixed equipment, plant, machinery and building shall be removed from the site and the access and road widening works restored to its previous condition..

Reason: In the interests of amenity and road safety.

AFTERCARE

(58) That at least three months prior to the replacement of topsoil on any phase of the site, a 5 year aftercare scheme for areas defined in the restoration plan as ‘agricultural’ shall be submitted to the Planning Authority for approval, and the scheme shall specify such steps as may be necessary to bring the land to a standard suitable for agricultural use and shall include cultivating, fertilising following soil sampling and analysis, watering, draining and otherwise treating the land.

Reason: In the interests of sound land management.

(59) That before any works commence on site, a 10 year aftercare scheme for areas defined in the restoration plan as ‘non-agricultural’ shall be submitted to the Planning Authority for approval, and the scheme shall be prepared and implemented by suitably qualified experts on the individual elements of the scheme.

Reason: In the interests of sound land management and nature conservation.

(60) That the aftercare scheme required in terms of condition (58) above shall take account of Appendix I11 of SDD Circular No. 5/1982, and the aftercare of the site shall be carried out to the satisfaction of the Planning Authority.

Reason: In the interests of sound land management.

(61) That the requirements of condition (58 and 59) above shall be carried out in accordance with the agreed timescale and shall be managed to the satisfaction of the Planning Autliority in accordance with the agreed prescriptions during the relevant aftercare period.

Reason: In the interests of amenity.

(62) That, before 3 1st July of every year during the aftercare period, a report shall be submitted to the Planning Authority recording the operations carried out during the previous 12 months and setting out the intended operations for the next 12 months.

Reason: To ensure the satisfactory aftercare of the site.

(63) That, before 3 1 st August of every year during the aftercare period, a site meeting shall be arranged with the Planning Authority to discuss the report prepared in accordance with condition (62) above. 153

Reason: To ensure the efficient monitoring of the aftercare of the site.

(64) That temporary signs shall be erected around the perimeter of the site warning the public of deep excavations.

Reason: In the interests of public safety

General

(65) That from the commencement of the operations to the completion of the restoration works, a copy of this permission including all the documents hereby approved and any other documents subsequently approved in accordance with this permission shall always be on display at the site during normal working hours.

Reason: To facilitate the effective monitoring of the site by the Planning Authority. 154

Application No. S/98/01390/FUL Date registered 6th October 1998 APPLICANT ZUBIDA ASLAM, 6 SNEDDON AVENUE, WISHAW Agent J. Kerr McDougall, Unit 27 Carfin Industrial Estate, Motherwell ML14UL DEVELOPMENT ERECTION OF 5 FLATTED DWELLINGS LOCATION 65 COLTNESS ROAD, WISHAW

Ward No. 8 Grid Reference

File Reference S/PL/B/ 1 0/2( 126)iAMIJM

Site History 1. Application for construction of one dwellinghouse (Ref. 497/93), granted in 1994. Site adjacent to shop at 65 Coltness Road. 2. Application for change of use from Licensed Grocers to Hot Food Takeaway (Ref: 96/0001 l/FUL) Refused consent July 1996

Development Plan Zoned Residential on Southern Area Local Plan Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

Objection No Objection Scottish Power, Transco, Coal Authority Conditions West of Scotland Water No Reply British Telecom

REPRESENTATIONS

Neighbours 2 letters of objection Newspaper Advertisement Not Required

COMMENTS This application is for the erection of 5 flatted dwellinghouses adjoining the existing shop and flat at 65/67 Coltness Road, Wishaw. The proposal would create an L-shaped block incorporated the existing shop and flat linked into the five proposed flats. Building heights would be two storey and the units would be of traditional construction. As there are no policy or practical objections to developing this site I recommend for the reasons outlined in the accompanying report that planning permission is granted.

RECOMMENDATION

Grant, subject to the following conditions:- I I~

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Planning Application No. S/98/01390/FUL

' Depanmmr Erection of 5 Flatted Dwellings 65 Coltness Road, Wishaw lelcphonc01695302100 Far 016983021012 A * Location of Objectors 1:1250 IS kencc L4 090411 156

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

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

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

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

3. That before 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 safeguard the residential amenity of the area.

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

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

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

6. That within one year of the occupation of the 5 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 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 safeguard the residential amenity of the area. 157

7. 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.

8. That before the development hereby permitted is commenced plans showing markings and signage for the proposed parking spaces for the shop shall be submitted to and approved in writing by the Planning Authority including any modifications as may be required.

Reason: In the interests of traffic and pedestrian safety.

9. That before the development hereby permitted is completed the markings and signage approved under the terms of condition 8 above shall be undertaken and thereafter maintained to the satisfaction of the Planning Authority.

Reason: In the interests of traffic safety.

List of Background Papers

Application form and plans dated 611 0198 Southern Area Local Plan Finalised Draft Letter dated 20/10/98 from Scottish Power Letters dated 23/10/98 and 22/10/98 from West of Scotland Water Letter dated 22/10/98from Transco Letter dated 7/11/98 from The Coal Authority Letter dated 12/10/98 from Mr & Mrs Frazer, 65 Coltness Road Letter dated 12/10/98 from Mr MacDonald 72 Abbotsford Road

Any person wishing to inspect the above background papers should telephone Motherwell 302 138 and ask for Alastair Maclean. 158

APPLICATION No. S/98/01390/FUL

REPORT

1. SITE AND PROPOSAL

1.1 This application is for the erection of 5 flatted dwelling houses adjoining an existing two storey building which incorporates a shop on the ground floor and a flatted dwellinghouse above. The proposal would create an L-shaped building.

1.2 The site of the proposed development is to the north of the present shop. Some of the area is grassed which is well maintained. The remainder is covered in tarmac which serves as a parking area for the shop and a service area to the rear of the site shop.

1.3 The area of Coltness Road on which the subject site is situated has no direct individual accesses, the houses being served by service roads on either side. The service roads join Coltness Road at staggered junctions adjacent to the subject site.

1.4 To the rear of the shop is a garage with a roller shutter door which is used as a store. If the development proceeds materials for the store will require to be transported from the site car parking areas a distance of approximately 25 metres.

1.5 To the north of the site is Ryde Lane which connects Ryde Road and Coltness Road. Part of this is used as a vehicular access to Temple Gill Kennels. One corner of the proposed flat will be close to the land but a minimum distance of 2 metres will be maintained between the development and Ryde Lane.

1.6 The shop is well used by children from nearby Primary Schools and Coltness High School.

2. CONSULTATIONS

2.1 None of the service providers stated that they had any objections to the development. High voltage power cables and a 6” water main pass through the site but neither would exclude development.

2.2 Initially, I had some concerns regarding conflict between the existing uses and the proposed flats. This has been discussed with the applicant’s agent and a revised plan submitted which has addressed these matters. The parking area for the shops has been segregated from that for the proposed flats.

3. REPRESENTATIONS

3.1 Two letters of representation have been received from neighbours in Coltness Road and Abbotsford Road.

3.2 Both objectors expressed concerns about parking and manoeuvring in the vicinity of the shop and the hazard this places on shop users: especially school children, as well as general road traffic in the area. 159

3.3 Concerns were also raised regarding drainage and sewerage. It is claimed that flooding occurs in the vicinity of Abbotsford Road and Ryde Lane and that further development would worsen the situation.

4. OBSERVATIONS

4.1 With regard to parking for the shop there are currently approximately 8 spaces available for the shop and flat above. The standards suggest 5 spaces for the shop and 8 spaces for the 6 flats, a total of 13 spaces. While the proposed does allow for the requisite number of spaces only 4 are proposed to be located in front of the shop. This and the proposed development may exacerbate an already unsatisfactory situation. However, I do not consider this a sufficient reason to justify refusal of the application. I have already discussed these concerns with the applicant’s agent and a more satisfactory layout is now proposed. Conditions attached to the planning consent will help to improve the use of the parking areas and on this basis I am satisfied that the development will be acceptable.

4.2 With regard to the flooding and sewerage issues, West of Scotland Water have raised no concerns on these matters when consulted.

4.3 The proposed development will be of a higher density than that currently in the adjacent area. However, the site can be developed with adequate garden ground and car parking sufficient to meet NLC’s overall development standards.

5. CONCLUSIONS

5.1 Any reservations with regard to this development are more concerned with the existing shop rather than the addition of five flatted dwellings. The proposal together with attached the conditions will help to segregate parking for the shop and may ultimately improve matters. The proposal accords with the Councils local plan and raises no policy objections. 160

Application No. S/98/01654/FUL Date registered 15 December 1998 APPLICANT IAN MAY, 9 BOTHWELL PARK ROAD, BOTHWELL G71 8AQ Agent W H Dickie, 77 Hamilton Road, Motherwell ML1 3DG DEVELOPMENT ERECTION OF SEVEN DWELLINGHOUSES LOCATION 6 GILL ROAD, WISHAW, LANARKSHIRE ML2 OQB

Ward No. 15 Grid Reference 280461653080

File Reference S/PL/B/2/5 1 (1 93)/GMcWAB

Site History Planning permission granted for change of use from bakery to light engineering, March 1968 (App. No. 68/117) Planning permission granted for alteration and addition to form offices, toilets and storage accommodation, November 1977 (App. No. 377177) Planning permission refused for retrospective change of use from light engineering to hire and maintenance of heavy plant equipment, November 1989 (App. No. 308/89) Enforcement notice served, February 1990 Enforcement notice appeal dismissed, October 1990 Planning permission granted for siting of temporary office, September 1993 (App. No. 271193)

Development Plan Established Housing Area, Southern Area Local Plan (Finalised Draft)

Contrary to Development Plan No

CONSULTATIONS

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

REPRESENTATIONS

Neighbours Two letters of objection Newspaper Advertisement Not Required

COMMENTS This application seeks planning permission for the erection of seven dwellinghouses at 6 Gill Road, Overtown. Consultations were undertaken with the statutory utilities and no objections were received. Two letters of objection however were received from an adjoining neighbour in relation to this application. For the reasons contained in my accompanying report it is recommended that planning permission is granted. Producedplummg and by Dsvclepmcnl Ocpamcnl Planning Application No. S/98/01654/FUL sawcm on4uon 303 aimdon sweet Erection of Seven Dwellinghouses MOTHERWELL ML1 1RS 6 Gill Road Wishaw Telephone 01695 302100 Far 01698 3021012 A Location of Objector 1:1250 OS LIcensc L4 090411 * 162

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 sliall 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.

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) details of the phasing of these works.

Reason: To safeguard the residential amenity of the area.

4. That within one year of the occupation of the last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 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 safeguard the residential amenity of the area.

That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths shaded YELLOW on the approved plans; (b) the proposed parking and manoeuvring areas hatched PURPLE on the approved plans; (c)the proposed grassed, planted and landscaped areas hatched GREEN on the approved plans; (d) the proposed wall/fences to be erected along the boundaries marked BLUE on the approved plans. (e) the proposed bin stores marked ORANGE on the approved plans.

Reason: To safeguard the residential amenity of the area. 163

6. That before completion of the development hereby permitted, the management and maintenance schemes approved under the terms of condition 5 shall be in operation.

Reason: To safeguard tlie residential amenity of the area.

7. That a detailed drawing showing the bin store location and boundary enclosure shall be submitted to and approved in writing, including any modifications as may be required by the Planning Authority, prior to the start of these works.

Reason: To safeguard the residential amenity of the area.

8. That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouses hereby permitted and the adjoining road.

Reason: In the interests of visual amenity.

9. That before the development hereby permitted is completed or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and 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 starts, a detailed scheme of road works, including footpath, roadway, drainage treatment and phasing thereof, 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 satisfactory vehicular and pedestrian access facilities.

11. That before any of the development hereby permitted is occupied, all road works included in the scheme, approved under the terms of condition 10 above, shall be completed to tlie satisfaction of the Planning Authority.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

12. 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 for all road works included in the scheme, approved under the terms of condition 10 above.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities 164

13. 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 safeguard the residential amenity of the area.

14. 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 13 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

15. That notwithstanding the generalities of condition 13, that details of a scheme for the erection of a 1.8 metre high brickhimber wall along the boundary marked BLUE shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To safeguard the residential amenity of the area.

16. That a visibility splay of 2.5 metres to the junction of Gill Road and Main Street, measured from the road channel, shall be provided on the north west side of the vehicular access marked A on the approved plans and before the development hereby permitted is completed or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

17. That a visibility splay of 2.5 metres by 25 metres, measured from the road channel, shall be provided to the north east of the vehicular access marked A on the approved plans and before the development hereby permitted is completed or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety. 165

18. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: In the interests of site safety and general amenity.

List of Background Papers

Application form and accoinpanying plans registered 15/12/98 Southern Area Local Plan (Finalised Draft) Letter dated 29/12/98 from British Gas Transco Letter dated 6/1/99 from West of Scotland water Memo dated 8/1/99 from NLC Environmental Services Letter dated 11/1/99 from The Coal Authority Letter dated 11/1/99 from Scottish Power Letter dated 12/12/98 from Stephen Smith, 9 Douglas Street, Overtown Letter dated 19/12/98 from Stephen Smith, 9 Douglas Street, Overtown

Any person wishing to inspect the above background papers should telephone Motherwell 3021 39 and ask for Miss McKillop. 166

APPLICATION NO. S/98/01654/FUL

REPORT

1 .o APPLICATION SITE AND PROPOSAL

1.1 The application site lies on the north side of Gill Road, Overtown, a private unmade road which rums between Main Street and Jacob’s Ladder WayDouglas Street. A private housing development lies to the east of the site while individual detached dwellinghouses have been erected within infill sites along Gill Road itself. The properties at 37-47 Main Street to the west of the application site were formerly owned by the co-op and have been converted to dwellinghouses. The application site is therefore, bounded by residential properties on all sides.

1.2 In 1989 planning permission was refused for a retrospective change of use from light engineering to hire and maintenance of heavy plant equipment and an enforcement notice was served. The applicant’s appeal to the Secretary of State was dismissed and aside from the siting of a temporary office in 1993 the site has largely remained vacant.

1.3 The applicant seeks to clear the site and erect seven dwellinghouses. The proposal would form an ‘L’ shape with car parking to the front adjacent to Gill Road. Gill Road is an uiadopted road and is in poor condition. Although there is no scope available to widen the road to an adoptable standard the applicant has agreed to finish the road and footpaths to the satisfaction of the Local Authority.

2.0 CONSULTATIONS

2.1 Although no objections were received in relation to this application NLC Environmental Services indicated that a history of past usage of the site should be obtained to clarify if the site has been used for any contaminative purposes.

3.0 REPRESENTATIONS

3.1 Two letters of objection have been received in relation to this application from an adjoining neighbour based on grounds that the proposal would be detrimental to residential amenity. The objector considers the proposal to be too close to his boundary and that this would result in overshadowing and loss of privacy. The objector has stated however that if tlie proposed dwellings were moved by 1 % - 2 metres from his boundary without adverse affect on the development then this could be more acceptable.

4.0 OBSERVATIONS AND CONCLUSION

4.1 Originally the applicant proposed to erect eight dwellinghouses. After discussions with the agent it was agreed to reduce the number of dwellings to seven in order to move the proposal an additional four metres from the objector’s boundary. The proposed development would be approximately 8.5 metres at its closest point from the objector’s boundary and is considered to be sufficiently far enough away to be acceptable in terms of residential amenity. 167

4.2 Gill Road is in poor condition and there does not appear to be any road drainage. The applicant proposes to upgrade the road and footways as far as the site’s eastern boundary and to put in new drains and gulleys. It is therefore considered that subject to conditions to ensure the implementation of these road works that access to the site would be acceptable.

4.3 The proposed development would bring back into use a vacant site. It would be an acceptable landuse and would upgrade the main part of Gill Road accessed by existing residents. Furthermore in terms of design and impact upon adjoining neighbours the proposed development is considered acceptable. It is therefore recommended that subject to conditions planning permission is granted. 168

Application No. S/98/0 1 666lFUL Date registered 8 December 1998 APPLICANT MILLER HOMES, THE OCTAGON, 35 BAIRD STREET, GLASGOW G4 OEE Agent Murray Design Group, 3 La Belle Place, Glasgow G3 7LH DEVELOPMENT ERECTION OF 44 DWELLINGHOUSES LOCATION LAND OPPOSITE GARRION BUSINESS PARK, SMITH AVENUE, WISHAW

Ward No. 14 Grid Reference 279400 653550

File Reference SIPL/B/2/8(8O)IDMcFlAB

Site History None

Development Plan Zoned for housing on Southern Area Local Plan Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

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

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant wishes to build 8 flatted houses, 8 terraced houses and 28 semi-detached dwellings on a site to the south of Smith Avenue. The site has been identified in the Finalised Draft Local Plan as suitable for private housing development. There have been no objections to the proposal and all the consultees comments can be accommodated with the imposition of appropriate conditions. I consider that this development would be a welcome addition to the area in terms of land use and extended housing choice. I therefore recommend that planning permission be granted.

170

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 ensure that the design of fencing and walls safeguard the residential amenity of the area.

Reason: To safeguard the residential amenity of the area.

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

Reason: To enable the Planning Authority to retain effective control, in order to safeguard the amenity of the area.

5. That before the development hereby permitted starts, a scheme of landscaping, for the area hatched GREEN on the approved plans, shall be submitted to, and approved in writing by the Planiiing 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 safeguard the residential amenity of the area. 171

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

Reason: To safeguard the residential amenity of the area.

7. That before the development hereby permitted starts, a management aiid 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 grassed, planted and landscaped areas hatched GREEN on the approved plans.

Reason: To ensure that the approved landscaping scheme is maintained.

8. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 7 above, shall be in operation to the satisfaction of the Planning Authority.

Reason: To ensure the proper maintenance of the landscaped areas.

9. That before the development hereby permitted starts, a scheme, for the provision of one equipped play area within the application site shall be submitted to, aiid approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences to be erected around the play area, (d) details of the phasing of these works.

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

10. That before occupation of the last 5 dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area and, included in the scheme approved under the terms of condition 9 above, shall be Completed.

Reason: To ensure the provision of adequate play facilities within the site. 172

11. That a visibility splay of 4.5 metres by 90 metres, measured from the road channel. shall be provided on both sides of the vehicular access and before the development hereby permitted is completed or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

12. That before the development hereby permitted is completed, a 2 metre wide footway shall be constructed along the full frontage of the site to Smith Avenue, 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

13. That the semi detached dwellinghouses and end terraced dwellinghouses hereby permitted shall have individual driveways of 10 metres in length and 3 metres in width with the first 2 metres fully surfaced in a hard material to be approved by the Planning Authority.

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

14. That the mid terraced dwellinghouses hereby permitted shall have individual driveways of 6 metres in length and 2.5 metres in width with the first 2 metres fully surfaced in a hard material to be approved by the Planning Authority.

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

15. That prior to the commencement of the development hereby permitted a scheme of environmental "Artworks" shall be submitted to and approved by the Planning Authority.

Reason: In the interests of amenity.

16. That prior to the occupation of the last 5 dwellinghouses hereby permitted the scheme of artworks approved under the terms of condition 15 above shall be implemented to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

17. That before the development hereby permitted starts, a report shall be submitted to the Planning Authority regarding the stability of the site for the development proposed and this report shall be based on a professionally supervised and regulated boring programme.

Reason: To ensure the mineral stability of the area. 173

Reason: To ensure the site is free of contamination.

List of Background Papers

Application form and plans dated 8/12/98 Southern Area Local Plan Finalised Draft Letter dated 5/2/99 from Scottish Power Letter dated 18/1/99 from Scottish Power Memo dated 21/1/99 from Head of Protective Services Memo dated 12/1/99 from Head of Protective Services Memo dated 12/1/99 from Head of Parks & Catering Letter dated 11/1/99 from Scottish Power Letter dated 3 1/12/98 from Transco Letter dated 7/1/99 from West of Scotland Water Letter dated 8/1/99 from The Coal Authority Letter dated 5/1/99 from Health and Safety Executive

Any person wishing to inspect the above background papers should telephone Motherwell 302 125 and ask for Mr McFarlane.

c 174

APPLICATION NO. S/98/0 1666/FUL

REPORT

1. SITE AND PROPOSALS

1.1 The site lies to the south of Smith Avenue and to the north east of Heathfield, Gowkthrapple. The site does not directly abut the Heathfield area due to a line of electricity pylons which separates the two development areas. The site is at present owned by North Lanarkshire Council but the intention is that it will be sold to the Garrion People’s Housing Co-operative. The site is at present an area of undeveloped, unused former agricultural land which has lain vacant for some time and has an uncared for appearance. This impression is not helped by the derelict condition of most of the buildings on the north side of Smith Avenue which is known as Garrion Business Park.

1.2 The proposal is for a development of 8 flats, 8 terraced houses and 28 semi detached houses arranged around a single CUI de sac, taking access off Smith Avenue. The development provides a range of house sizes from 2 bedroom flats to 3 bedroom houses, all of which have appropriate parking and garden space. The development itself does not have a play provision but a new facility to be located between Heathfield and this proposal has been discussed and 1 would propose the imposition of a condition requiring the implementation of this facility prior to the occupation of the development, should planning permission be granted.

I .3 The development is proposed to be two storey in height, of traditional construction, with pitched roofs finished in concrete tiles. The walls would be a combination of brick finish with rough cast areas providing variety and colour. A landscaped strip along tlie road frontage of the site together with a brick pillared entrance feature provides a setting for the development.

2. CONSULTATIONS AND REPRESENTATIONS

2.1 The proposal has not generated any representations and none of the consultees have any objections to the development, providing their individual detailed requirements can be accommodated. In this regard ,I consider that the consultees requirements can be accommodated via the imposition of suitable conditions.

3. OBSERVATIONS & CONCLUSIONS

3.1 There are no physical constraints preventing development of this site. In policy terms tlie site is zoned as suitable for housing development on the Southern Area Local Plan, Finalised Draft. I therefore consider that the proposal is particularly welcome because tlie development of this site will provide a much needed catalyst for further development in this area. It is hoped that once occupied, other adjacent similarly zoned sites will prove more marketable which will assist in widening housing choice in the area. The development also complies with the Council’s policies of directing development towards areas which have been identified as development sites through the local planning process. The proper development of such sites also strengthens the Council’s case when challenged by development proposals which are contrary to the Development Plan such as greenfield/greenbelt developments.

3.2 In summary, I consider that the development, if approved, would provide a much needed improvement to the image of the area, whilst increasing the overall housing choice for the Gowkthrapple residents. I therefore recommend that planning permission should be granted. 175

Application No. S/99/001 5 8/FUL Date registered 11 February 1999 APPLICANT MR WILLIAM NELSON, 3 ALYSSUM CRESCENT, MOTHERWELL ML1 1DF Agent DEVELOPMENT PART CHANGE OF USE OF SHOP TO HOT FOOD TAKE AWAY LOCATION 220 HAMILTON ROAD, MOTHERWELL

Ward No. 1 Grid Reference 274370-656650

File Reference S/PL/B/13/23/JLIAB

Site History Temporary planning consent granted in January 1995 for part change of use to hot food takeaway - expired February 1997 (App. No. 481/94) Planning consent granted February 1997 for part change of use to hot food takeaway - expired 26/2/99 (App. No. S/96/00696/FUL)

Development Plan Residential on a Southern Area Local Plan-Finalised Draft

Contrary to Development Plan No

CONSULTATIONS

0 bjection No Objection Conditions No Reply

REPRESENTATIONS

Neighbours No Response Newspaper Advertisement No Response

COMMENTS The applicant seeks to renew this planning consent for the partial change of use of a shop to a hot food takeaway. Consent has been granted for this proposal on two previous occasions on a temporary basis, in order to allow the Council the opportunity to monitor the operations and it’s impact on the nearby busy Hamilton Road junction. During both temporary periods there have been no objections received, furthermore, after discussion with Strathclyde Police (Traffic) they indicated that there has been no attributable rise in the level of road traffic accidents as a result of this operation. Although the site is unable to provide off- street parking, it is now considered reasonable that a ‘personal’, permanent consent should be granted to the applicant, as he has demonstrated that he can operate a hot food takeaway from the shop without detriment to the road traffic network. For the avoidance of doubt, any such consent would not be tranferable and any future \ \ \\ \ \ " \, 1 \ \~ ______\ \ \\ \ \' '. \ I

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owner/lessee of the shop premises will be required to apply for planning consent if a future occupier wished to continue these operations.

RECOMMENDATION Grant, subject to the following conditions:-

1. That the permission hereby granted shall enure solely for the benefit of Mr Williain Nelson.

Reason: To define the permission.

2. That no equipment for the preparation of hot food shall be located within the application premises other than at the locations indicated in RED on the approved plans.

Reason: To safeguard the amenity of the area and define the use of the site.

3. That the location of any ventilators associated with this development shall be such as to prevent odour nuisance and any other discharge prejudicial to public health.

Reason: To safeguard the amenity of the area and define the use of the site.

List of Background Papers

Application form and plans dated 11/2/99 NLC Southern Area Local Plan - Finalised Draft

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