1
North Lanarkshire Council
DEPARTMENT OF PLANNING AND ENVIRONMENT
Plann i ng Ap p Iicat ions for consideration of Planning and Environment Committee
Committee Date : 22ndMarch 2000
AGENDA IIEM W. I
Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved 2 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 22ND MARCH 2000
Page No. Application No. Applicant Development/ Locus Recommendation
4 N/99/01488NL Mr E MacKay Erection of Dwellinghouse Grant 3 Neuk Avenue, Muirhead.
11 Luggiebank Quarry Ltd Engineering operations on land (cut Grant and fill) to create an access and flat development platform suitable for business, industrial or recreational use Luggiebank Quarry, Luggiebank Cumbemauld
20 N/00/00018/ADV Score Outdoor Ltd Erection of 4 Advertisement Hoardings - Refuse Sites Adjacent to Little Chef, Castlecary Road, Cumbernauld.
25 N/OO/OOO 3 6FUL Courtyard Consultancy Ltd Residential Development to Erect 19 Grant Flats with Access and Parking Areas 156 Cumbernauld Road, Muirhead
32 N/00/00060~L Scotia Pub & Leisure Ltd Change of Use of Loungepublic Bar/ Refuse Function Suite to Entertainment Loungepublic BarFunction Suite, Formation of Beer Garden and Deletion of Existing Restrictive Hours of Opening Planning Condition and retrospective external alterations - 52 High Barrwood Road, Kilsyth.
38 Mr 8z Mrs J Hernandez Change of Use from Agricultural Land Grant To Private Garden Ground Surrounded by a Wall - “Larachbeg”, Arns Road, Cumbemauld G67 3JW
41 C/99/01295ff PO Dr V Gopinathan Lopping of Four Trees - Refuse 4 Stanley Park, North Biggar Road, Airdrie.
44 C/99/01598/FUL Tilcon Northern Ltd Change of Use from Vacant to Grant (P) Industrial Land and Erection of Office Building - Tilcon Construction Ltd Langmuir Way, Bargeddie
52 C/99/01614/FuL Hugh Murray Erection of 1.5 Metre High Metal Grant Security Fence (part retrospective) and 1 Metre Timber Fence - “Sweethill House”, Bore Road, Airdrie. Lanarkshire ML6 6HX
57 C/00/00026/FUL Mrs R McKeaman Erection of Building for Use as Grant Children’s Nursery - “Croftpark”, Forrest Street, Airdrie, Lanarkshire ML6 7B
61 S/99/01274iFUL BOC Ltd Installation of Liquid Hydrogen Grant Storage Facility - Chapelknowe Road, Carfin
A:\ZZ-MAR.DOC 3 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 22ND MARCH 2000 Page No. Application No. Applicant Development/Locus Recommendation
66 S/99/01600/FUL Mr H Muir Alterations & Extensions to Grant Dwellinghouse & Erection of Garage, Erection of Carport and Formation of Driveway - 57 Hope Street, Newmains Wishaw
69 S/00/00086/FUL.. . Coakley Bus Company Ltd Change of Use from Vehicle Repair Grant Workshop to Bus Depot (in retorspect) Extension to Existing Workshop to Form Offices, Toilet and Mess Room - Coakley Bus Company Ltd, Braidhurst Industrial Estate Motherwell
72 S/OO/OOO98/FUL Dalziel Homes Ltd Development of Four House Plots Grant Dalziel Park Estate Land North of Hagen Drive, Morris Cres Motherwell
82 s/oo/oo1oo/FUL Dalziel Homes Ltd Development of Three House Plots Grant Dalziel Park Estate Land North of Hagen Drive, Moms Cres Motherwell
92 s/00/00109/FUL J&L Hamson Construction of Conservatory Grant 6 The Cuillins Tannochside
96 s/oo/oo12omL C McNellis Change of Use Shop to Hot Food Refuse Shop 124-126 Manse Road Newmains , Wishaw
(P) C/99/01598/FUL If Approved, Section 75 Agreement to be concluded
A:UZ-MAR.DOC 4
Application No:
Date Registered: 17 November 1999
APPLICANT: h4R EUAN MCKAY 17 POTASSELS ROAD MuIRHEAD GLASGOW G69 9EL
Agent: T Lawrie & Partners Clydeway Skypark 8 Elliot Place Glasgow G3 8EP
DEVELOPMENT: THE ERECTION OF NEW DWELLINGHOUSE
LOCATION: 3 NEUK AVENUE, CHRYSTON
Ward No: 69 Grid Reference: 268385 6691 17
File Reference: MT
Site History:
Development Plan: Strathkelvin District (Southern Area) Local Plan 1983 Policy EPRO 6 - Unaffected by Specific Proposals, Policy EPRO 7 - Development Control within Residential Areas. Policy PH3 - Small Scale Developments. Northern Corridor Local Plan (Consultative Draft) 1998 Policy HG3-6 - Development Control within Residential Areas. Policy ENV 29 - Methane
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water, Coal Authority. Conditions: No Reply:
REPRESENTATIONS: Neighbours: One letter of representation. Newspaper Advert: Not required
I:\PLAN\MORAWPORTSWEUK.DOC 1 Produced by Planning and DevelopmentDepartment , Southern Division ;l;;don 1 ;l;;don Street MOTHERWELL
' Telephone 01698 302100 F~X.01698 302101 6
COMMENTS: The application under consideration proposes the demolition of an existing house at 3 Neuk Avenue and its replacement with a new detached dwellinghouse.
The erection of a dwelling is, in purely land-use terms, in conformity with adopted and emerging.Ioca1plan policy. Furthermore the proposal can be said to be in accordance with the detailed requirements the relevant policies set out in terms of access, servicing and relationship to neighbouring properties.
A single representations has been received objecting to the proposal on the basis of the proposed house is closer to the common boundary than the house which currently occupies the site. While this is the case, the proposed house is in excess of 2.0 metres from the common boundary, a similar distance to the objector’s own property. In addition, the proposed house will not adversely affect residential amenity or the privacy within the neighbouring property.
All in all the development as proposed is acceptable and accordingly permission should be granted.
RECOMMENDATION: 1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of 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: That the planning authority may retain effective control.
3. That before the dwellinghouse hereby permitted is occupied, a double width driveway, of at least 6.0 metres in length shall be provided of which the first 2.0 metres shall be surfaced in an impervious material, to be approved by the Planning Authority.
Reason: In order to ensure satisfactory vehicular and pedestrian facilities to the dwelling and to prevent deleterious material being carried onto the road.
I:PLAN\MORAYREPORTSWEUK.DOC 7
4. That the integral garage shall not be altered for use as a habitable room without the prior written consent of the Planning Authority.
Reason: To ensure that adequate parking facilities are maintained within the site.
5. That before the dwellinghouse is occupied, 1.8 metre close boarded timber fencing shall be erected along the boundaries shown in purple on the approved plans.
Reason: To ensure that the privacy of the new dwelling and neighbouring dwellings is not compromised.
6. Before any construction work is commenced on site, written confirmation shall be submitted to the Planning Authority to the effect that no methane gas seepage has been detected on site.
Alternatively, or if it is not possible to satisfy the Planning Authority that no such gas is present, confirmation will be required to the effect that the constructional details are such as to ensure that gas will not enter the structure by means of seepage.
Reason: To ensure that the site can be safely developed.
7. That all telephone connections shall be underground.
Reason: To ensure that the amenity of the streetscene is not compromised.
Background Papers: Application Form and Plans Strathkelvin District(Southern Area) Local Plan 1982. North Lanarkshire Council Northern Corridor Local Plan consultative draft 1998. Letter of representation from Miss R Anderson, 1 Neuk Avenue, Chryston received 25 February 2000.
Any person wishing to inspect these documents should contact Moray Thomson at 01236 616463. 8
APPLICATION NO. N/99/01488/FUL
1.0 PROPOSAL AND SITE
1.1 The application proposes the removal of the existing house at 3 Neuk Avenue Chryston and the erection of a replacement dwellinghouse.
1.2 The application site falls within an area which is overwhelmingly residential in character and in terms of local plan policy, unaffected by any specific proposals. The Strathkelvin District (Southern Area) Local Plan states that within such areas no major change is envisaged and that future development proposals will be considered on merit and in terms of local planning criteria.
1.3 Policy PH3 - Small scale developments - is of particular relevance and states that the construction of individual houses will be supported where it can be demonstrated that detailed planning considerations such as design, size of plot, access and relationships with surrounding land uses are acceptable. The proposed replacement for this plan, the Northern Corridor Local Plan, which is in consultative draft form states that applications for residential development shall be considered against criteria including the development plan and the impact on the locality.
1.4 Policy ENV 29 identifies the site as falling within a naturally occurring methane gas area. The policy requires applicants to demonstrate that new developments can be safely developed.
2.0 CONSULTATIONS AND REPRESENTATIONS
2.1 Summaries of consultation responses are as follows:-
Coal Authority : No objection West of Scotland Water: No objection Transportation Manager: No objection
2.2 A representation was received from a neighbouring proprietor at 1 Neuk Avenue. The terms of the representations are as follows:
1) The proposed dwellinghouse will be closer to the common boundary than the existing house at the site. This is a matter of disquiet given that it is intended to pile the foundations of the new house.
2) There are no indications regarding the alignment of the house to the road.
3) No figures are given regarding the overall height of the house.
4) Neuk Avenue is privately maintained and confirmation should be obtained that reinstatement would be made.
Comments upon the consultations and representations are as follows:
1) While the proposed house may be closer than the existing, the distance from the boundary remains in excess of 2.0 metres, similar to the distance between the
I:\PLAN\MORAY\REPORTSWUK.DOC 9
objectors house and this boundary. The relationship to the boundary and the neighbouring property is considered to be acceptable. The impact of the piling is unlikely to be materially reduced even if the new house was to be 4.5 metres.
2) The alignment of the house to Neuk Avenue is shown on the submitted plans. The front elevation of the house will be parallel to Neuk Avenue. The forwardmost part of the fiont elevation of the house will be in line with the objector’s property.
3) The application does provide details of the height of the proposed house in relation to both the existing house and neighbouring properties. The applicant has confirmed that the new house will be of a lower ridge height than both neighbouring properties at 1 and 5 Neuk Avenue.
4) The maintenance of the road is strictly speaking a private matter for all of the owners and as such not material to the consideration of the application. As a matter of courtesy however the applicant’s attention could be drawn to the concerns raised.
3.0 DISCUSSION AND CONCLUSION
3.1 The Strathkelvin District (Southern Area) Local Plan recognises the potential within the built up area for small infill developments. Policy PH3 sets out the criteria which require to be satisfied. In general terms any plot must be sufficiently large and be of a shape which can be developed in a manner in keeping with the area. In addition access arrangements must be satisfactory.
3.2 The proposal under consideration satisfies the foregoing criteria. Physically the application site is capable of accommodating the dwellinghouse proposed, without any adverse impact either on the site itself or neighbouring properties. In addition, the proposed house is of a size and scale, which is in keeping with those in the area and in terms of its setting, maintains reasonable separation to all site boundaries. While the house may reduce the present distances to the side boundaries, the proposed relationships are nonetheless acceptable. The proposed distance to the boundary is almost identical to that of the objector’s own property.
3.3 The design and proposed finishes of the house are also acceptable and will not look out of place within Neuk Avenue.
3.4 The proposed house, by virtue of its positioning and orientation would not adversely affect the privacy or the enjoyment of neighbouring properties or their garden areas. The applicant was requested to amend the window arrangements on the elevation to 1 Neuk Avenue and this has been done. The originally proposed window has been substituted for a high level type which should prevent any possible overlooking. The objector has indicated her satisfaction with the amendment.
3.5 In terms of the access arrangements, the Transportation Manager has confirmed a lack of objections to the proposals
3.6 With respect to the issue of methane gas seepage, there have been a number of residential properties developed in recent years and it considered appropriate therefore to address the matter by the use of planning condition. 10
3.7 It is considered that the development as proposed is acceptable. The amendments made to the initial submission have satisfactorily addressed the only concern regarding privacy and in all other respects the proposal is acceptable and in accordance with local plan policy. Accordingly permission should be granted.
I:\PLAN\MORAYREPORTSWEUK.DOC Application No: N/99/0 1577/FUL
Date Registered: 8th. December 1999
APPLICANT: LUGGIEBANK QUARRY LTD., 9 SOMERSET PLACE, GLASGOW G3 7JT
Agent: Qualcheck Ltd., 69/7 1 Hamilton Road, Motherwell ML 1 3DG
DEVELOPMENT: ENGINEERING OPERATIONS ON LAND (CUT AND FILL) TO CREATE AN ACCESS AND FLAT DEVELOPMENT PLATFORM SUITABLE FOR BUSINESS, INDUSTRIAL OR RECREATIONAL USE
LOCATION: LUGGIEBANK QUARRY, LUGGIEBANK, CUMBERNAULD
Ward No: 61 Grid: 276172 - 673080 File Reference: GL Site History: Former Clay Pit. Planning permission CN/90/31/ for infilling and reinstatement of quarry ganted by Cumbernauld & Kilsyth District council 14th. May 1990.
Development Plan: Zoned as being an area of significant open space in Adopted Cumbernauld Local Plan
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: Community Services No Objection: Transco, Scottish Power, East of Scotland Water, West of Scotland Water No Reply: Conditions:
REPRESENTATIONS:
Neighbours: Two letters of representation received Newspaper Advert: No response
COMMENTS: This planning application proposes the formation of a flat development platform suitable for business, industrial or recreational use. The application site was a former clay pit and upon cessation of working sometime in the early 1970s, only rudimentary restoration works were undertaken. The consequence of this is that the site despite ‘greening up’ over the years can still be described as derelict.
The site lies immediately to the south of Lenziemill Industrial Estate and the proposed access is from Lenziemill Road. To the east is the B8039 and the south is the Luggie Water. The site is currently landlocked but the owner of the surrounding ground (The Scottish Wildlife Trust) has indicated that they are prepared to enter into negotiations with the applicant to allow access.
The/
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The site is currently zoned as an area of significant open space in the Cumbernauld Local Plan and the proposed development has been advertised in the local press as being potentially contrary to the Development Plan.
Two letters of representation were received from neighbours and Community Services have objected to the proposed development. These matters are covered in detail in the accompanying report. The proposed development is considered to be acceptable in planning terms and it is recommended that planning permission is granted.
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2. That before the development hereby permitted is commenced a new vehicular and pedestrian access to the site shall be formed in the position shown marked in yellow on the approved plans and in accordance with the following requirements:
a) The new access shall be 7.3 metres in width, with 10.5 metre corner radii kerbs, a bull nosed delineating kerb along the road edge and surfaced across its entire width to base course level for a minimum of 25 meters into the site.
b) That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason : To ensure the provision of a satisfactory access and that no work to form the development platform is commenced until agreement has been reached with the neighbouring landowner regarding permanent access to the site.
3. That prior to the completion of the development hereby permitted the access formed in accordance with the requirements of condition 2 above shall be completed to wearing course level across its entire width and for a minimum of 25 meters into the site.
Reason : To ensure that the access to the site is completed to adoptable standard.
4. That in connection with the development hereby permitted the sole means of gaining access to the site shall be via the new access to be formed in accordance with the requirements of condition 2 above.
Reason : In the interests of Road Safety.
5. That before the development hereby permitted is completed the former vehicular access to the application site, marked green on the approved plans, shall be removed with the road kerbs reinstated, the existing connecting surfacing removed and the grass verge reinstated.
Reasonl 14 -3-
Reason : In the interests of road safety and the amenity of the area.
6. That before the development hereby permitted starts, a scheme shall be submitted to, and approved in writing by the Planning Authority, covering the translocation of a representative proportion of the damp grassland habitat (that which contains the orchids) to a location in the locale to be agreed in consultation with the Council's Conservation and Greening Manager.
Reason : In the interests of nature conservation and ensuring that the biodiversity interest around the site is maintained.
7. That the scheme approved under the terms of condition 6 above shall be implemented prior to the commencement of earth moving works within the application site and the applicant shall give at least seven days clear notice to the Council's Conservation and Greening Section that work is about to commence.
Reason : In the interests of nature conservation and ensuring that the biodiversity interest around the site is maintained.
8. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-
(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.
Reason : In the interests of the visual amenity of the site and the general area.
9. That within one year of the commencement of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason : In the interests of the visual amenity of the site and the general area.
10. That no trees or hedges within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.
Reason : In the interests of the visual amenity of the site and the general area.
11. That before the development hereby permitted starts, full details of the design and location of all fences to be erected on and around the boundaries of the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason : In the interests of the visual amenity of the site and the general area.
12. That before the completion of the development hereby permitted the fences as approved under the terms of condition 11 above shall be erected.
Reason/ 15 -4-
Reason : In the interests of the visual amenity of the site and the general area.
13. Notwithstanding the generalities of the requirements of condition 11 above the following matters shall be included in the design of the site fencing
a) Site fencing along the top of the southern most slope within the application site shall be set back a minimum of 5 meters from the top of the slope. b) The fencing scheme shall also include the temporary securing of the entire length of the access road and include the erection of a secured gate across the access.
Reason : In the interests of the visual amenity of the site and the general area and to safeguard against fly tipping either on the access road or within the site itself.
14. That prior to the start of the development hereby permitted, the applicant shall submit a scheme for the written approval of the planning authority, including any modifications as may be required, detailing the location of and the works to be undertaken within 6 months of the commencement of the development to form a pond to replace the one which will be lost as a result of this development.
Reason In the interests of nature conservation.
15. That the acceptable uses of the development platform formed under this permission shall be restricted to those included within Classes 4,5 and 6 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 or outdoor recreation.
Reason : In the interests of the proper planning of the area.
16. That prior to the commencement of the development hereby permitted full details shall be submitted for the written approval of the planning authority, including any modifications as may be required, on the manner in which the development platform will be engineered including drainage and surfacing.
Reason : In the interests of the amenity of the site and of the general area.
17. That no waste materials shall be imported to the site and except as may otherwise be agreed in writing by the planning authority, no excavated materials shall be transported off site.
Reason : In the interests of amenity and to ensure that the site is not operated as a waste disposal site.
18. That prior to the commencement of the development hereby permitted, a scheme shall be submitted for the written approval of the planning authority, including any modifications as may be required, detailing how the Luggie Water Site of Importance for Nature Conservation will be protected from the works.
Reason : In the interests of nature conservation.
19. That for the duration of the works hereby permitted the scheme for the protection of the Luggie Water Site of Importance for Nature Conservation approved under the terms of condition 18 above shall be implemented on site.
Reason : In the interests of nature conservation.
20 That/ 16 -5-
20. That except as may otherwise be agreed in writing by the planning authority, if following the completion of the works hereby permitted the site lies vacant for 2 years a further 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 grass seeding the platform.
Reason : In the interests of amenity and to lessen the visual impact of the site should it not be developed in the short term.
21. That within the first available planting season following the approval of the further scheme of landscaping approved under the terms of condition 20 above, the landscaping works shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within the following two years shall be replaced within the planting season with others of a similar size and species.
Reason : In the interests of amenity and to lessen the visual impact of the site should it not be developed in the short term.
List of Background Papers:
Planning application form and plans Consultation responses from Transco dated 14th. December 1999; Scottish Power dated 15th. December 1999; Transportation Manager dated 20th. December 1999; Protective Services dated 17th. December 1999; East of Scotland Water dated 17th. December 1999; West of Scotland Water dated 20th. December 1999; Community Services dated 6th. January 2000 and Service Manager (Planning & Building Control) dated 8th. February 2000 Letters of representation from BOC Distribution Services, 22 Lenziemill Road, West Lenziemill Industrial Estate, Cumbernauld G67 2XN dated 3rd. December 1999 and Scottish Wildlife Trust, Cramond House, Kirk Cramond, Cramond Glebe Road, Edinburgh EH4 6NS dated 23rd. December 1999.
Any person wishing to inspect these documents should contact Graeme Lee on 01236-616474
i 17 APPLICATION NO: N/99/01577/FUL
1. SITE AND PROPOSAL
1.1 This application proposed the formation of a flat development platform suitable for business, industrial or recreational use. The applicant intends to achieve this by re-engineering the site which is a former clay pit. By carrying out a cut and fill operation, a flat development platform will be formed using only material that is currently on the site.
1.2 The site is located to the south of Lenziemill Industrial area and the proposed access is from Lenziemill Road. To the east is the B8039 and south is intervening ground and then the Luggie Water. At present the site is derelict although over time and through natural regeneration, the site has greened up. The Luggie Water Site of Importance for Nature Conservation Value lies mainly to the south of the site, although the boundary does intrude some 10 metres into the site. The site is included within the Areas of Significant Open Space zoning in the Cumbernauld Local Plan. This is covered by Policy EN.26 which allows only limited development.
1.3 As stated above, the site was formerly a clay pit which upon cessation of clay extraction was only restored in a rudimentary fashion. The application site is made up of a range of ground conditions but includes faces and exposed slopes, a deep gorge( which includes a pond), a significant area of flat ground and higher undulating ground towards the boundaries with Lenziemill Road and the B8039. The southern boundary is formed by a steepish slope and a difference in levels of some eight metres between the application site and the low lying ground beside the Luggie Water. The main part of the site will change very little in appearance with only some limited alterations being carried out to the existing ground levels. The most significant alterations will be the removal of materials from the top end of the site (close to Lenziemill Road) and placing these in the gorge to remove this feature.
2. CONSULTATIONS AND REPRESENTATIONS
2.1 The consultation process has resulted in the receipt of an objection from Community Services who recommend that from a landscape point of view, the proposed development should be refused. Their objection will be discussed in more detail in the following section. In terms of nature interest, the Conservation and Greening manager advised that he had no objection subject to conditions regarding landscaping, the assessment of stratigraphical interest of the quarry faces and the translocation of habitats from within the site.
2.2 Otherwise no other consultee objected to the proposed development, the Transportation manager has no objections subject to the imposition of planning conditions regarding the positioning and geometry of the site access. The Service Manager (Planning and Building Control) has confirmed that the proposed development is not contrary to the approved Structure Plan. It is pointed out that there is already an adequate supply of development sites in Cumbernauld and the addition of this site to the supply could exacerbate take up rates in existing industrial estates.
2.3 Two letters of representation were received in response to the application both from neighbours. Prior to seeing the application details, BOC Distribution Services advised that they had some initial concerns regarding the development, as follows:-
1) Concerns about what will be used to reinstate the site; 2) Concerns about effect on their business (food distribution) if site is to be used as a landfill site; 3) The effect on traffic on Lenziemill Road; 4) Concerned that the construction and operation of the application site may effect their site utilities including radio communication.
upon/ 18 -2-
Upon seeing the application proposals and plans and discussing them with the case officer their concerns were alleviated and no further representation was submitted.
2.4 The Scottish Wildlife Trust own all of the ground which immediately surrounds the application site and the ground over which the applicant is proposing to form the site access. The Trust submitted a representation which indicated that they were prepared to negotiate with the applicant regarding the access and otherwise offered some general comments regarding the proposed works, as follows:-
1. The faces that currently exist within the site should be replicated where possible. These faces are of importance for many species of burrowing insects such as solitary bees; 2. The pond within the gorge at the western part of the site may be a suitable habitat for Great Crested Newts. Also, a replacement pond should be provided by the developer as part of the scheme; 3. The site should be landscaped and habitats created using native trees and shrubs (this could include specimens rescued from the site).
3. OBSERVATIONS AND CONCLUSIONS
3.1 As indicated above, the proposed development has attracted an objection from Community Services on landscape grounds. It is their view that the development will have a detrimental effect on the visual quality of the site. It is considered that these views do not take full account of the extent of the works being proposed. The Scottish Wildlife Trust own land around the site and the proposed works (with the exception of the proposed site access) excludes all this ground. The Trust own the ground from the bottom of the southern slope down to the Luggie Water, they also own the ground between the application site and the B8039 and Lenziemill Road. Consequently, the application site is restricted to the former clay pit. The Trust’s ground adjacent to both roads contains the majority of the tree cover, and as this ground will be unaffected by these proposals the trees will remain.
3.2 It is proposed that one flat development platform is formed (not a series of platforms as feared by Community Services) and that the platform should be formed by filling in the gorge. This will be done by excavating materials from the higher parts of the application site and placing them in the void. The eventual level of the platform will be close to that which currently exists on the flat part of the site. Essentially, the existing faces that exist between the flat and higher parts of the site will be reformed on the boundaries of the application site. Whilst the proposed development will alter the character of the site it is considered that it will not change to the extent feared by Community Services. Furthermore, the site, despite greening up over time is a derelict quarry and the proposed development will result in the land being reinstated for beneficial uses. It is also considered that by the use of planning conditions, a satisfactory landscaping scheme can be secured which will augment the existing planting on the Trust’s land.
3.3 In terms of Nature Conservation, Community Services advised that the boundary of the Luggie Water Site of Importance for Nature Conservation (SINC) intrudes into the application site. The boundary of the SINC runs some five metres beyond the top of the southern slope that forms the southern boundary of the application site. Nevertheless, only conditions are suggested regarding the positioning of any future boundary fences, the translocation of areas of damp grassland, landscaping and an assessment of the quarry faces. These are considered reasonable and can be covered by the use of planning conditions and notes on the planning permission. The applicant has expressed a willingness to work with the Conservation and Greening Section to address these matters. They do however point out that they will only fund the translocation of habitats within the immediate locale of the site and this is acceptable to Conservation and Greening.
3.4 The/ 19 -3-
3.4 The comments offered by the Scottish Wildlife Trust can also be covered by planning conditions and notes on the planning permission. The applicant has indicated that they are prepared to assist in the creation of a replacement pond on the Trust’s ground. The Council’s Conservation and Greening Section did not make any observations regarding potential habitats within the application site for Great Crested Newts. It is therefore considered sufficient to advise the applicant by way of a note on the planning permission to carry out an appraisal of the site prior to commencing work.
3..5 The Transportation manager has not objected to the proposed development and has specified the standard of access required and this can be covered by planning conditions. Therefore, the concerns expressed by BOC Distribution Services regarding the access from Lenziemill Road would not justify refusing the application.
3.6 It is considered that the proposed works will result in the potential to use a currently derelict site in a beneficial manner. Further planning permission would be required for the internal layout of the site and any buildings. The types of uses that would be acceptable on the site can be satisfactorily controlled by the use of a planning condition.
3.7 The proposed use of the site for industrial or business use does not accord with the terms of the current Local Plan zoning. There are however other material considerations that have to be taken into account: -
The site’s location makes it more appropriate to view the site as being part of the established and neighbouring industrial estate to which the site forms a logical and natural extension; The characteristics which are appropriate to it’s current zoning are found along the boundaries of the site which is the ground in the ownership of the Scottish Wildlife Trust. As part of the proposed development these features will be preserved and augmented by the relocation of existing vegetation from the application site and new planting; The ground directly affected by these works is the former and mainly derelict quarry; The site will be contained by strong defensible and maintainable boundaries. In addition, the fact that the Scottish Wildlife Trust owns all the immediately surrounding land means that it is unlikely to come forward as ground suitable for development; The site will add to the supply of available industrial land within the Town. Also, the site will be a useful addition to the range of available sites and locations currently suitable for development; The use of this site for industrial or business use is not contrary to the current Structure Plan.
In view of these other material considerations and as no objections have been received that are sufficient to warrant refusal, despite the existing Local Plan zoning, it is recommended that planning permission is granted. 20
Application No: N/OO/OOO 18/ADV
Date Registered: 12" January 2000
APPLICANT: SCORE OUTDOOR LTD., 7 SEAWARD ROAD, PAISLEY ROAD, GLASGOW, G41 1NJ
Agent:
DEVELOPMENT: ERECTION OF 4 ADVERTISEMENT HOARDINGS
LOCATION: SITE ADJACENT TO LITTLE CHEF, CASTLECARY ROAD, CWERNAULD
Ward No: 57 Grid: 277000 676000 File Reference: Site History: 99/00074/ADV - Proposed Alterations to Signage - Granted 98/00749/FUL - Erection of a Single Storey Extension to Accommodate Fast Food Take Away - Granted 96/00286/ADV - Erection of Internally Illuminated Pole Sign and Replacement of Existing Fascia Signs - Granted 95/00086/CON - Extension to Restaurant - Granted 83/000 19/AD - Erection of 5 Internally Illuminated Fascia Signs and 1 Pole Sign - Granted
Development Plan: Zoned in the Cumbernauld Local Plan (Adopted) 1993:- EN 26 Significant Areas of Open Space - Limited Development Allowed EN 10 Presumption Against Roadside Hoardings
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: The Scottish Executive, Road Network Division No Objection: No Reply: Councillor G. Murray Conditions:
REPRESENTATIONS:
Neighbours: None Newspaper Advert: None
COMMENTS: This application has been submitted for the erection of 4 advertisement hoardings at an area known as the Little Chef, Castlecary Road, Cumbernauld. The hoardings are likely to have an adverse effect on both road safety and visual amenity. I have therefore recommended that permission is refused. My detailed comments are contained within the accompanying report.
RECOMMENDATION: Refuse for the following reasons:-
22
1. The proposal is contrary to Policy EN 10 of the Cumbernauld Local Plan (Adopted 1993) which seeks to discourage roadside advertisement hoardings unless they result in overriding environmental improvements.
2. In the interests of traffic safety as the hoardings would create an unnecessary distraction to the drivers of vehicles using and making manouvers on the AS0 Trunk Road and Castlecary Road.
3. The proposal, if approved, would be likely to encourage further applications and therefore erode Policy EN 10 which seeks to discourage indiscriminate roadside hoarding advertisements.
4. In the interests of visual amenity as the proposal, if approved, would create a strident and discordant feature in the landscape.
List of Background Papers:
Application Form and Plans Cumbernauld Local Plan 1993 Consultation Memo from Local Plans (Cumbernauld) dated 20" January 2000 Letter from applicants dated 3rdMarch 2000 Consultation Letter from The Scottish Executive dated 3rdMarch 2000 Consultation Memo from Transportation dated Sh March 2000
Any person wishing to inspect these documents should contact Jim Ravey on 01236-616479 23
APPLICATION NO: N/OO/OOO 1WADV
1. SITE AND PROPOSAL
1.1 This application has been submitted by Score Outdoor Ltd. for the erection of four advertisement hoardings at the site known as the Little Chef, Castlecary Road, Cumbernauld. The proposals indicate the erection of a single 48 sheet (12.19 m x 3.048 m) hoarding which will be angled to display to traffic on the northbound (Stirling) lane of the A80. A further three panels will be located adjacent to the Castlecary Road. Two will be directed towards traffic coming from CastlecaryWardpark and a single hoarding will be angled to traffic heading in the opposite direction. The three hoardings will be of similar dimensions to the A80 proposal. The height of all hoardings will be accentuated by a 1.5 m apron.
1.2 The general location of the hoardings is, as previously mentioned, bound to the south by the A80 and to the north by the Castlecary Road. The site adjacent to the proposal consists of a petrol filling station, a sit in restaurant and a fast food take away. Access to the site is taken from the northbound lane of the A80 through a deceleration lane into the petrol filling station, from there access can be gained to the sit idfast food facilities. No direct access can be gained to the site from the southbound (Glasgow) lane. Traffic leaving the petrol filling station is joined by trafic leaving the food facilities and merges with the traffic flow on the A80 along an acceleration lane. The advertisement hoarding is located approximately 25 m along the edge of the acceleration lane.
1.3 A separate accesdegress can be utilised from Castlecary Road. This road was formed as part of the planned Cumbernauld New Town distributor road system, and was designed with two lanes leading to the Wardpark Industrial Estate and two lanes leading to Cumbernauld. Direct access is afforded to traffic travelling to Cumbernauld, a right turn filter lane is provided for traffic heading in the opposite direction. All traffic leaving the site must turn right. The proposed hoardings will be located some 35m to the east of the access facility.
1.4 The site adjacent to the application is as previously mentioned a petrol filling station and fast food facility. The area to the east is a grassed and maturehemi mature landscaped area forming part of the structured landscaping implemented by Cumbernauld Development Corporation as part of the townscape.
1.5 The site is zoned :-
EN 26 Significant Areas of Open Space - Limited Development Allowed
District Wide Policy - EN 10 Presumption Against Roadside Hoardings
in the Cumbernauld Local Plan (Adopted) 1993
2. CONSULTATIONS AND OBJECTIONS
2.1 The application has been submitted for advertisement consent, and has therefore under planning legislation not been the subject of a neighbour notification process. In accordance with the location of the proposal adjacent to the A80 a copy of the details was sent to the Road Network Management Division at the Scottish Executive. Consultation was also carried out with North Lanarkshire Council Transportation, Property and the locally elected member for the area.
2.21 24
2.2 The reply received from the Scottish Executive indicated that the placing of the hoardings adjacent to the trunk road would cause an unnecessary distraction to the flow of traffic along the A80 and to traffic emerging from the petrol filling statiodfood facilities into the trunk road. The recommendation was that the application be refused.
2.3 The Transportation Section also indicated that the location and positioning of the hoardings on the Castlecary Road would create an unnecessary distraction to cars both turning right to access the petrol filling statiodfood facilities and cars using the road to access Cumbernauld. Their recommendation was also that the application be refused.
2.4 No further objections or comments were received.
3. OBSERVATIONS AND CONCLUSION
3. I The proposal has been recommended for refusal by both the Network Management Division of the Scottish Executive and North Lanarkshire Council on the grounds that the location of both sets of hoardings would cause an unnecessary distraction to traffic movements and manouvers.
3.2 The edge of the main arterial roads in Cumbernauld benefit from extensive mature structure planting. This was part of the overall design concept for the New Town and was to create an effective barrier to the neighbouring land uses, whilst softening the edge of the transport corridor. In order to reinforce this ethos no advertisement hoardings were permitted by Cumbernauld Development Corporation along the main road corridors. The integrity of this design concept has been perpetuated by North Lanarkshire Council.
3.3 The inclusion of a district wide policy in the Cumbernauld Local Plan identified that
“Hoardings will not be acceptable due to their obtrusive and alien appearance within the built environment and on road verges. They often represent a traffic hazard.”
In the case of all four of the advertisement hoardings no case can be made for their siting to be considered as having an overriding environmental improvement.
3.4 I would also bring to the attention of the Committee an indication from Score Outdoor that certain elements of this application may be amended or deleted subject to negotiations. I would however foresee no possible alteration or amendment which would comply with the concerns raised from a traffic viewpoint or result in an overriding environmental improvement.
3.5 I would therefore deem that the above development is unacceptable and would recommend that advertisement consent be refused. 25
Application No: N/00/00036RUL
Date Registered: 20 January 2000
APPLICANT: COURTYARD CONSULTANCY THE TOLL GATE 19 MARINE CRESCENT GLASGOW G51 1HD
Agent: J. MARTIN WILSON ASSOCIATES 14 BOTANIC CRESCENT GLASGOW
DEVELOPMENT: RESIDENTIAL DEVELOPMENT TO CONSTRUCT 19 FLATS
LOCATION: RANKIN’S GARAGE, 156 CUMBERNAULD ROAD,MUIRHEAD.
Ward No: 69 Grid Reference: 268494 669523
File Reference: MT
Site History:
Development Plan: Strathkelvin District(Southern Area) Local Plan 1983 Policy EPRO 6 - Areas Unaffected by Specific Proposals, Policy EPRO 7 - Development Control within Residential Areas. Northern Corridor Local Plan (Consultative Draft) 1998 Policy SC1 -Protect and Enhance Existing Local Shopping Areas. Policy ENV 29 - Methane Gas
Contrary to Development Plan: No
CONSULTATIONS:
Objection: Countryside and Landscape Manager No Objection: West of Scotland Water, Coal Authority Conditions: No Reply:
REPRESENTATIONS: Neighbours: Three Newspaper Advert: Not required.
COMMENTS: The application under consideration proposes the demolition of the existing garage complex at 156 Cumbernauld Road Muirhead and the erection of 19 flats with associated parking.
It is considered that the erection of 19 flats is in land-use terms in conformity with both the adopted and emerging local plan policy. In particular the proposal to redevelop the site has the potential to significantly improve the appearance of the streetscene, while also removing what is, in terms of on-street parking and traffic movements arguably a non-conforming use within this part of Muirhead. The Football Ground 27 proposal would also assist in the process of maintaining the local shopping and other services through the additional spending by residents.
Three representations have been received objecting to the three-storey element of the development, the resulting traffic congestion and possible flooding problems. The objections have been considered but do not justify the refusal of the scheme.
All in all the development as proposed is acceptable and accordingly permission should be granted.
RECOMMENDATION: Grant subject to the following conditions: -
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2. That before the development hereby permitted starts, full details of existing and proposed levels shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason : To enable the Planning Authority to consider these aspects in detail.
3. That before the development hereby permitted starts, full details andor samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters, downpipes and frontage paving slabs, shall be submitted to, and approved in writing by the Planning Authority including any modifications as may be required.
Reason : To enable the Planning Authority to consider these aspects in detail.
4. That before the development hereby permitted starts, 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.
5. That before any of the residential flats hereby permitted are occupied, the fences or walls, as approved under the terms of condition 4 above, shall be erected.
Reason : To safeguard the amenity of future residents.
6. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, 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 pIanting, 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.
7. That within 6 months of the occupation of the last residential flat 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 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged or become diseased within 2 years of 28 the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason : In the interests of amenity.
8. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- a) the proposed footpaths; b) the proposed parking areas; c) the proposed external lighting; d) the proposed grassed, planted and landscaped area; e) the proposed boundary fences/walls.
Reason : To safeguard the amenity of future residents.
9. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 8 shall be in operation.
Reason : To safeguard the amenity of future residents.
10. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.
Reason : To safeguard the amenity of the area.
11. That details of the provision and installation of external lighting shall be submitted to, and approved in writing by the Planning Authority.
Reason : For the avoidance of doubt and to seek to reduce nuisance through lighting spillage.
12. That the internal access road shall not exceed a gradient of 10%.
Reason : In the interests of road safety.
13. That before the development hereby permitted starts, proposals shall be submitted for the written approval of the planning authority demonstrating clear inter-visibility between the car park exit and the common access and a means of establishinddefining the priority of the parking area over the common access.
Reason: In the interests of road safety.
14. That before the development hereby permitted is completed or brought into use, all the parking and manoeuvring areas shown on the approved plans and as amended under condition 16 below, 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.
15. That there shall be a dropped kerb footway crossing with a 7.5m wide dropped kerb footway crossing to the public road which shall be constructed to satisfaction of North Lanarkshire Council as Roads and Transportation Authority.
Reason : In the interests of road safety. 29 16. That parking spaces shall have a minimum size of 5m by 2.5m other than the two parking spaces on the southern boundary marked purple on the approved plans which shall be increased to 3.5 metres in width.
Reason: To ensure that all of the spaces are usable.
17. That any alterations to statutory undertaker’s apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.
Reason : To protect statutory undertaker’s apparatus.
18. That before works commence a Noise Survey shall be submitted and no works shall commence until it is confirmed that there will be no noise nuisance to residents from the A80; North Lanarkshire Council’s Head of Environmental Services shall define “nuisance”.
Reason: To ensure that no noise nuisance exists within the development.
19. That before the development hereby permitted starts a landfill and gas survey for the site shall be carried out and submitted with any required remedial measures to, and approved in writing by the Planning Authority including any modifications as may be required.
Reason : In the interests of public safety.
20. That before any development hereby permitted starts details of any noise, vibration and landfill gas remediation measures which may be required by the Planning Authority under the terms of conditions 18 and 19 above shall be submitted to, and approved in writing by the Planning Authority including any modification as may be required and shall thereafter be implemented as approved.
Reason: In the interests of public safety.
21. That before any development hereby permitted starts, a report, from a professionally qualified source, describing the soil and ground conditions over the Site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the programme of works required in connection with the development to remove or treat these contaminants shall be agreed in writing with the Planning Authority.
Reason: To ensure that any contaminants on the site are identified prior to construction commencing.
22. The works to remove or treat the contaminants shall be undertaken in accordance with the scheme agreed by the Planning Authority under condition 2 1.
Reason : In the interest of public safety and amenity.
Background Papers: Application Form and Plans. Strathkelvin District (Southern Area) Local Plan 1983. North Lanarkshire Council Northern Corridor Local Plan Consultative Draft 1998. Letters of Representation dated 3 1 January 2000 from Mrs M Wutherspoon of 156 Cumbernauld Road, Muirhead and from Chryston Community Council dated 4 February and 1 March 2000. Any person wishing to inspect these documents should contact Moray Thomson at 0 1236 6 16463. 30 APPLICATION NO. N/00/00036/FUL
1.o PROPOSAL AND SITE
1.1 Policy EPRO 6 of the Strathkelvin District (Southern Area) Local Plan identifies the site as being unaffected by specific proposals. It states that future development proposals will be considered on merit and in terms of local planning criteria.
1.2 The proposed replacement for the adopted plan, the Northern Corridor Local Plan, which is in consultative draft form, states that the Council will seek to maintain existing local centres by discouraging developments that could threaten their viability and vitality as local shopping centres.
1.3 Policy ENV 29 identifies the site as falling within a naturally occurring methane gas area. The policy requires applicants to demonstrate that new developments can be safely developed.
2.0 CONSULTATIONS AND REPRESENTATIONS
2.1 Summaries of consultation responses are as follows:- West of Scotland Water: No objections. Transportation Manager: No objections subject to conditions. Coal Authority: No objections Environmental Services : No objections subject to conditions. Head of Parks and Catering: Objections to design and finish of the development.
2.2 Three representations has been submitted in respect of the proposals and includes the following:
1) the proposed access will lead to a lot more traffic congestion, 2) that the proposals will adversely affect drainage drains, 3) concern that the facade might be lost. 4) there is an anomaly regarding the numbering in Cumbernauld Road which could, as part of this development, be resolved. 5) the three-storey block is out of place in this location and would result in overlooking of those properties in Station Road. 6)a single accedegress will present a hazard in an emergency.
2.3 Comments upon the objections are as follows: 1) The concerns regarding road safety have been considered, however the Transportation Manager is satisfied that the impact of the development is acceptable. 2) There is no suggestion that the proposal will lead to drainage problems or that a problem currently exists. 3) the facade is attractive, however it would be impractical to retain it as part of this development. Although physically the faGade may be lost, extensive records and photographs exist. 4) any problem regarding numbering can be resolved as part of the development. 5) due to modern proportions, the three-storey block is actually of similar height to the existing two storey blocks in the area and as such, will be quite in keeping with the existing ridge heights. In terms of privacy, the development’s impact upon existing properties has been assessed against the standards formerly contained within the Building Regulations. The window to window distances as proposed exceed the standards set out. As such it is not considered that there will be a material loss of privacy. 6)while the safety implications of any development are always carefully considered, in this case the Transportation Manager has confirmed that subject to some amendments, the access arrangements are acceptable.
3.0 DISCUSSION AND CONCLUSION
3.1 It is considered that the proposals under consideration are in accordance with local plan policy in terms of both the adopted and emerging local plan policy. 31 3.2 The Southern Area Local Plan, the adopted local plan, states that proposals will be considered on merit and in terms of local planning criteria, the policy recognising the potential within the built up area for infill developments. The application proposes the redevelopment of the garage site within Muirhead and the erection of new flats and is, in land use terms consistent with existing land uses and the pattern of development. Furthermore, in terms of local planning criteria, the proposal has not been the subject of adverse comments from any of the consultees.
3.3 In terms of the design, scale and massing, the flatted development is acceptable and in keeping with existing developments in the vicinity. The development will enhance the streetscene of Cumbernauld Road and improve both the siting and outlook of those properties adjacent to the site.
3.4 The emerging local plan, the Northern Corridor Local Plan, seeks to protect and enhance existing local shopping areas. It is considered that the proposal as submitted does not conflict with this policy and may in fact enhance the viability and vitality of Muirhead as a shopping area by virtue of the additional expenditure which the residents of the flats would bring to the local area. Additionally, the redevelopment of the site may lead to an improvement in the attractiveness of the area as a shopping centre.
3.5 It is considered that the development as proposed is acceptable and that accordingly permission should be granted subject to the conditions attached. 32 Application No: N/00/00060/FUL.
Date Registered: 24th. January 2000
APPLICANT: SCOTIA PUB & LEISURE LTD., 52 HIGH BARRWOOD ROAD, KILSYTH G65 OEG
Agent: John Harvey, 4 Forsyth Street, Airdrie
DEVELOPMENT: CHANGE OF USE OF LOUNGE/ PUBLIC BAR/ FUNCTION SUITE TO ENTERTAINMENT LOUNGE/ PUBLIC BAR/ FUNCTION SUITE, DELETION OF EXISTING RESTRTCTIVE HOURS OF OPENING PLANNING CONDITION AND RETROSPECTIVE EXTERNAL ALTERATIONS
LOCATION: 52 HIGH BARRWOOD ROAD, KILSYTH G65 OEG
Ward No: 66 Grid: 272533 - 677793 File Reference: MD Site History: CN/73/216: Erection of Licensed Shop - Approved November 1973 CN/76/19: Change of Use of Licensed Shop to Public Bar - Approved April 1976 PL/22/34: Sub Division, Alterations and Change of Use from Bar Restaurant and Function Suite to a) Function Suite (with related restaurant facilities)/ Snooker Premises and b) Restaurant and Bar - Approved July 1992
Development Plan: Kilsyth Local Plan 1999: Residential Policies (HG 2-5)
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: No Objection: No Reply: Strathclyde Police Conditions:
REPRESENTATIONS:
Neighbours: Five Newspaper Advert: Nine
COMMENTS: The apF ication is for c,,ange of use from lounge/ public bar/ function suite to entertainment lounge/ public bar/ function suite; deletion of an existing condition which restricts hours of opening and retrospective external alterations at 52/54 High Barrwood Road, Kilsyth. The applicants have deleted a further proposal for a beer garden from the application.
The applicants wish the upstairs lounge to open until 1 .OO am. In order to obtain the necessary entertainment licence they require to have constant entertainment in the upstairs lounge when open.
The/
ilsslcomps20 10th March 2000
34 -2-
Fourteen letters of objection have been received from local residents with the main points relating to existing and potential disturbance and noise, and to local parking problems. Many of the points of objection concern the existing authorised use of the premises as a public house/ function suite/ restaurant and are not directly relevant to the current application.
It is considered that there is likely to be potential residential nuisance through regular late night openings beyond normal licence premises hours and through potential noise associated with the entertainment lounge.
The potential nuisance is particularly significant as the premises are in a residential area rather than being within the town centre. In this respect the proposals are considered to be contrary to the residential zoning of the site which seeks to protect local residential amenity.
Taking account of the above it is recommended that planning permission be refused for residential amenity, local plan zoning and precedent reasons.
RECOMMENDATION : Refuse for the following reasons:-
1. In the interest of amenity in that local residents are likely to be adversely affected through noise and activity extended into the late evenindearly morning period due to;
a) Potential regular opening until 1 am; b) Increased entertainment provision;
in this respect the proposals are contrary to the terms of the Kilsyth Local Plan 1999 which seeks to protect residential amenity in established residential areas (HG2).
2. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse similar applications.
List of Background Papers:
Application form and plans Kilsyth Local Plan 1999 Letters of representation from Miss M. Hughes, 59 Haughton Avenue, Kilsyth G65 ODU; Local Residents, High Barrwood Area, Kilsyth; L&G Bennett, Detmold, 36 High Barrwood Road, Kilsyth G65 OEE; Mrs. I. Angus, 46 High Barrwood Road, Kilsyth G65 OEF; Mr. SJ & Mrs. AM Bryden, 48 High Banwood Road, Kilsyth G65 OEF; Ms. A. Whyte, 50 High Barrwood Road, Kilsyth G65 OEF; Mrs. JA. McEwan, 56 High Barrwood Road, Kilsyth G65 OEF; Edward & Bettina Weldon, 60C High Banwood Road, Kilsyth G65 OEF; Mr. & Mrs. D. Gallagher, 21 St. Mirrens Road, Kilsyth G65 ODX; Mr. A. Johnstone, 25 St. Mirrens Road, Kilsyth G65 ODX; Mrs. L. Marshall, 29 St. Mirrens Road, Kilsyth G65; Mr. & Mrs. J. Martin, 3 1 St. Mirrens Road, Kilsyth G65; Mr. J. Wilson, 36 St. Mirrens Road, Kilsyth G65 ODX; Mrs. CA Veitch, 42 St. Mirrens Road, Kilsyth G65.
Any person wishing to inspect these documents should contact Martin Dean on 01236-616459.
Comaps2000/Martin.DMOO/OOO6OFUL/9mh/jk
itsslcomps20 10th March 2000 36 - There is anti-social behaviour and vandalism associated with patrons of the existing premises and this has resulted in regular police visits. - The exterior grounds of the premises are in an untidy condition with there being particular problems with rubbish storage.
3. OBSERVATIONS AND CONCLUSION
3.1 It is important to distinguish between points of objection which are raised against current legitimate operations (public bar, lounge bar, function suite and related restaurant facilities) and points of objection which relate to matters covered by the current planning application. In this respect complaints of existing anti-social behaviour, local parking problems and poorly maintained gounds are not considered to be relevant. Objections concerning potential noise from the entertainment lounge and the initially proposed beer garden, and concerning potential late night noise and disturbance from patrons exiting after extended opening hours do however raise legitimate concerns about local residential amenity.
3.2 It is unusual for hours of opening of licensed premises to be controlled by a planning condition as well as by the Licensing Board. Due however to the residential nature of the area it has previously been considered important to strike a balance between residential amenity and the operational needs of this licensed premises by applying an hours of opening planning condition. Clearly any regular extension of the hours of opening beyond 1 1.30pm Monday to Thursdays and 12.3Oam on Friday, Saturday and Sunday mornings would have the potential to increase levels of nuisance to local residents. There would be noise and activity from even well behaved patrons leaving the premises at these late hours. The applicants have stated that the extended hours would be to lam. It is however considered that there would be significant local nuisance from a lam closing time. Such increased nuisance may possibly be acceptable in a town centre location but not in an established residential area
3.3 The applicants contend that regular entertainment in the upstairs lounge bar area will not increase noise levels outwith the premises. This is supported by a noise survey submitted on behalf of the applicants which reports that during a test external noise levels were so low as to be not measurable. Despite the survey’s clear conclusion that there will be no noise nuisance it is noted from its comments “.. outside the nearest houses, the music levels were barely audible ..” and “The music noise was almost inaudible outside the premises ..” that there was some external noise resulting from the entertainment test. This is likely to be an irritant to local residents trying to get to sleep in this established residential area during the extended opening hours. It is not considered that sufficient reliance can be placed on thick curtains, lower amplification levels and future testing to ensure that there is no loss of residential amenity due to the entertainment lounge operating in the late eveningl early morning.
3.4 The proximity of the initially proposed beer garden to residential properties (10m to the nearest garden and 20m to nearest dwelling) may lead to some minor increase in residential nuisance but not sufficient to lead to a refusal of permission. The applicants have, however, taken note of the concerns of residents and have deleted the beer garden proposal.
3.5 There are no objections to the external alterations.
3.6 The premises are within an established residential area and as such are covered by Kilsyth Local Plan Policy HG2 which seeks to protect local residential amenity. This policy specifies that the extension of a non-residential activity within an existing residential area will not be acceptable if likely to lead to a loss of amenity. As it considered that there will be some loss of residential amenity from the application proposals they do not accord with the Kilsyth Local Plan.
3.7 Any grant of planning permission will set a precedent for developments leading to a loss of residential amenity in an established residential area.
4. CONCLUSIONS
i/ss/comps20 10th March 2000 35 APPLICATION NO: 00/00060/FUL
1. SITE AND PROPOSAL
1.1 The application is for the change of use of lounge/ public bar/ function suite to entertainment lounge/ public bar/ function suite, deletion of an existing condition which restricts hours of opening and retrospective external alterations at the public house at 52 High Barrwood Road, Kilsyth.
1.2 In detail the proposals involve:
a. Change of use of the upstairs licence lounge to a licensed entertainment lounge such that entertainment is a mainstream part of the use. Entertainment could include such activities as single singers, bands and folk nights. The entertainment lounge would take up approximately 50% of the upper floor with the remaining 50% being the existing function suite. b. Deletion of the existing restrictive hours of opening planning condition. The existing condition requires that the premises shall not operate beyond 11.3Opm except for Thursday, Friday and Saturday evenings where the premises shall not operate beyond 12.3Oam of the following morning. The applicant has stated that he wishes a potential daily extension to lam. Although licensed premises hours of opening are normally controlled solely by the Licensing Board it has previously been considered appropriate to also have planning control over the hours of opening due to the residential location of the premises. c. External refurbishment involving timber infill panelling replacing part glazing has already been carried out.
1.3 Under the terms of the Kilsyth Local Plan 1999 the site is within a residential area covered by the following policies HG3 : New residential development and alterations/extensions to existing residential properties. HG4: Multiple occupation in residential areas. HG5: New housing refurbishment schemes.
1.4 Within existing residential areas policy HG2 applies. This policy states in part “...... The introduction or extension of a non-residential activity will not be acceptable if likely to lead to a loss of amenity.”
2. CONSULTATIONS AND WPRESENTATIONS
2.1 There are no objections from the Transportation Manager. Improvements to the adjacent North Lanarkshire Council owned car park would improve the parking situation. The applicants have offered to carry out improvements. The Head of Environmental Services has commented that the change of use to entertainment lounge has the potential to cause noise nuisance to nearby residents. The applicants should seek to demonstrate by means of a noise consultant report that the undertaking can be carried out without causing nuisance. It is also pointed out that the premises should comply with the relevant requirements of The Food Safety (General Food Hygiene) Regulations 1995.
2.2 The applicants have written supporting their application. They have taken over the running of the premises and have upgraded what was previously a derelict and dangerous eyesore. They state that the proposals will allow continued upgrading and will provide Kilsyth with a much needed entertainment lounge and function suite.
2.3 14 letters of objection have been received from local residents. The main points of objection are as follows: - The proposal will cause late night disturbance and noise. - The entertainment lounge will create noise nuisance. - There will be added nuisance from the beer garden. - The premises are outwith the town centre in a residential area. The proposals will adversely affect the residential amenity of the area. - There are existing parking problems associated with the premises. i/ss/comps20 10th March 2000 37 4.1 It is considered that the proposed removal of the existing planning condition restricting hours of opening and the formation of an entertainment lounge with regular late night! early morning entertainment will lead to a significant adverse affect on local residential amenity, will be contrary to the Kilsyth Local Plan and will set an undesirable precedent. It is therefore recommended that planning permission be refused.
ilsslcomps20 10th March 2000 38
Application No: N/00/00093/FUL
Date Registered: 9 February 2000
APPLICANT: MR & MR J HERNANDEZ, LARACHBEG, ARNS ROAD, CUMBERNAULD, G67 3JW
Agent: Mr. Graeme Muir, 26 Victoria Quadrant, Holytown, Motherwell
DEVELOPMENT: CHANGE OF USE FROM AGRICULTURAL LAND TO PRIVATE GARDEN GROUND SURROUNDED BY A WALL
LOCATION: LARACHBEG, ARNS ROAD, CUMBERNAULD, G67 3JW
Ward No: 58 Grid: 280908 675529 File Reference: GLA Site History: N/98/00864/FUL - Erection of a Rear Extension, Granted 5/8/98
Development Plan: Cumbernauld Local Plan (Adopted November 1993) - Zoned as Green Belt, Policy EN 13-15 - existing rural Character and amenities to be protected; presumption Against new development
Contrary to Development Plan: Yes
CONSULTATIONS:
Objection: No Objection: West of Scotland Water, East of Scotland Water No Reply: Conditions:
REPRESENT ATIONS :
Neighbours: No Response Newspaper Advert: No Response
COMMENTS: The application under consideration proposes the change of use and area of agricultural land to private garden ground and the erection of a surrounding wall at Larachbeg, Arns Road, Cumbernauld. The site falIs within the designated greenbelt within the Cumbernauld Local Plan (Adopted November 1993). The proposed change of use from agricultural land to private garden ground was advertised as potentially contrary to the greenbelt policy in the development plan. The existing property is a semi-detached dwellinghouse, which is situated within a rural location and is set within a curtilage of approximately 613 square metres. The proposed area of land which is to change to private garden ground is approximately 537 square metres. Consultations and neighbour notifications produced no adverse responses, however the Transportation Manager attached conditions to his response. He has no objections to the principle of the application, however he recommends that conditions be 39
Produced by Departmentof Planning and Environment Northern Division Bron Way CUMBERNAULD 067 1DZ
Mephone 01238616400 Fax. 01238616420
OS Limnw LA W1L 40
attached to the consent which address the interests of road safety. These have been incorporated into my recommendation. The proposed garden extension is confined to the area intervening between the existing house and the neighbouring farm. It will not extend the limits of the garden beyond that already estabIished by the rear walls of the .existing steading and the house. I believe that the proposed use of this 12.5 metre wide strip as garden ground alone will not affect, adversely, the quality of the environment or the Greenbelt in this location. Having regard to these particular circumstances I consider the proposal to be acceptable providing the appropriate conditions are attached. I therefore recommend that it is granted subject to conditions.
RECOMMENDATION:
Grant subject to the following conditions:-
1. That the development hereby permitted shalI 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 use of the ground hereby granted consent shall be confined to garden ground ancillary to the enjoyment of the neighbouring dwellinghouse at Larachbeg, hsRoad, Cumbernauld.
Reason: To define the use of the land and to protect the Greenbelt.
3. That the boundary wall shall be 1050mm in height for the distance of 2.5 metres indicated as blue on the approved plans.
Reason: In the interests of traffic and pedestrian safety.
List of Background Papers:
Application Forms and Plans dated 1st February 2000 Cumbernauld Local Plan (Adopted November 1993) Consultation response from East of Scotland Water dated 18th February 2000 Consultation response from West of Scotland Water dated 231d February 2000 Consultation response from the Transportation Manager dated 9" March 2000
Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478. 41
Application No. C/99/01295/TPO Date registered 20 October 1999 APPLICANT DR V GOPINATHAN, 4 STANLEY PARK, NORTH BIGGAR ROAD, AIRDRIE
Agent DEVELOPMENT LOPPING OF FOUR TREES LOCATION 4 STANLEY PARK, NORTH BIGGAR ROAD, AIRDRIE
Ward No. 43 Grid Reference 276929 665681
File Reference C/PL/32270/20 17/2/00O/KC/KH
Site History None
Development Plan In terms of the Adopted Monklands District Local Plan 1991 the site has the following z0nings:-
1. HG9 Housing Policy for Existing Residential Areas 2. EN1512 Drumgelloch Conservation Area
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours None
Newspaper Advertisement Not Required
COMMENTS This application is for consent to lop branches of 4 trees at 4 Stanley Park, North Biggar Road, Airdrie. Consent is required to carry out the proposed works as the trees are located within a Conservation Area, and as such have protection similar to TPO status. 1 tree is located to the rear of the garden at the property (No. 4), while the other 3 trees are located to the rear of nearby lock-up garages within the Stanley Park Development. The applicant suggests that branches of the trees are over hanging the roof of the house and the garages. The Countryside and Landscape Manager advises that the trees have had their limbs lopped in the past and that no branches directly overhang the house or garages at the present the. The trees are a visually dominant feature on North Biggar Road itself and can clearly be seen ftom nearby Drumbathie Road. Their location is very important within that part of the Drumgelloch Conservation Area. While I am not against the principle of individuals carrying out works to trees when necessary, it is felt that in this instance the proposal would be detrimental to the surrounding Conservation Area as it could result in damage to the trees, sufficient to kill them in due course. Therefore, as the trees appear to show no signs of disease, decay or overhanging branches, no works are required. I therefore recommend that consent to cany out lopping of the 4 trees be refused.
19901295
43
RECOMMENDATION
Refuse for the following reason:
1. That as the trees show no signs of disease or decay and there are no branches directly over hanging the property at 4 Stanley Park, North Biggar Road, Airdrie, or the nearby lock-up garages, there is no requirement to cany out the work proposed which would be visually detrimental to the Drumgelloch Conservation Area
List of Background Papers
- Application form and plans dated 20 October 1999. - Adopted Monklands District Local Plan 199 1.
Any person wishing to inspect the above background papers should telephone Coatbridge 812382 and ask for Kirsten Cairns.
r990 1295 44
Application No. Cl9910 1598ff UL Date registered 19 January 2000 APPLICANT TILCON NORTHERN LTD, 250 ALEXANDRIA PARADE, GLASGOW Agent Hugh Anderson Associates, 109 Hope Street, Glasgow G2 6LL
DEVELOPMENT CHANGE OF USE FROM VACANT LAND TO INDUSTRIAL LAND AND ERECTION OF OFFICE BUILDING LOCATION TILCON CONSTRUCTION LTD, LANGMUIR WAY, BARGEDDIE.
Ward No. 36 Grid Reference 270494664166
File Reference CPLl248 8012 0 0 21210 0 01C MIS OH
Site History The following planning consents relate to developments within the vicinity of the application site.
941509 Use of Vacant Land as Extension to Existing Yard for Open Storage Purposes including Erection Of Boundary Fencing. Granted 12 December 1994.
951189 Use of Land as Extension to Existing Yard for Open Storage Purposes and Erection of Boundary Fence (Amendment to 941509). Granted 12 May 1995.
951589 Use of Land as Scrapyard for the Storage and Treatment of Ferns and Non-Ferns Metals including the Erection of Ancillary Buildings on Land. Granted 18 January 1996.
98101093 Use of Site for Waste Transfer and Waste Recycling, including Erection of Building. Granted 16 October 1998
Development Plan Under the terms of the Adopted Monklands District Local Plan 199 1 the application site is located within an area covered by the following policies: -
GB 1 Restrict Development in the Green Belt CUM Landfill Gas LI 111 High Quality Landscape
Under the terms of the Strathclyde Structure Plan 1995 the application site is located within an area covered by the following policies: -
GB 1 and GB 1A Greenbelt
Contrary to Development Plan Yes
CONSULTATIONS
Objection No Objection BT, BG Transco, West of Scotland Water, Scottish Power, SEPA West Conditions The Coal Authority, No Reply 5 46
REPRESENTATIONS Neighbours No Response
Newspaper No Response Advertisement
COMMENTS Planning permission is being sought by Tilcon Construction Ltd. for an extension to their existing aggregate workshagging storage yard for the purposes of erecting a single storey office building and associated car parking facilities. Although the proposal represents a departure from the terms of Policy GB1 of the adopted local plan I consider this to be acceptable in this instance (refer to accompanying report).
RECOMMENDATION
Grant, subject to the following conditions.
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects.
3. That before the development hereby permitted is brought into use, all the fences, or walls, as approved under the terms of condition 2 above, shall be erected.
Reason: In the interests of amenity and site security.
4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-
(a) details of any earth moulding and hard landscaping, grass seeding and turfmg; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.
Reason: To enable the Planning Authority to consider these aspects.
5. That within one year of the occupation of the office building hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: To mimimise the visual impact of the development. 47
6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care maintenance of -
(a) the proposed access road and staff/visitor parking areas. (b) the proposed landscaping areas as approved under the terms of condition 4 above. (c) the proposed security fencing.
Reason: In the interests of general amenity.
7. That before the development hereby permitted starts, a woodland management and maintenance scheme, covering the area hatched green 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) proposals for the continuing care, maintenance and protection of the trees, shrubs and hedges, including details of the timing and phasing of all such works; (b) details of the location, number, variety and size of trees and shrubs to be planted, and the phasing of such works.
Reason: To enable the Planning Authority to consider these aspects.
8. That before completion of the development hereby permitted, the woodland management and maintenance scheme, approved under the terms of condition 7 above, shall be in operation.
Reason: In the interests of visual amenity
9. That the permission hereby granted shall re!ate to the use of the office solely for an ancillary use included within Class 5 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.
Reason: To enable the Planning Authority to retain effective control, in order to prevent or preclude any inappropriate use.
10. That before works start on site the developer shall confm in writing to the Planning Authority that all outstanding matters relating to current environmental control legislation (in particular Waste Management: Paper No 270) have been met.
Reason: To ensure appropriate measures are taken to satisfy current environmental legislation in the interests of ensuring the safe use of the building.
NOTE TO COMMITTEE
The committee should note that planning permission should not be issued until a Section 7.5 Agreement relating to the provision of woodland planting to the north and east of the site has been satisfactorily concluded. 48
List of Background Papers
- Application Forms and Plans, Soil Investigation Report. - Letter from applicant dated 8 September 1999. - Adopted Monklands District Local Plan 1991. - Consultation Response from BT received 23 February 2000 - Consultation Response from The Coal Authority received 9 February 2000 - Consultation Response from BG Transco received 27 January 2000 - Consultation Response from West of Scotland Water received 3 1 January 2000 - Consultation Response from Scottish Power received 3 1 January 2000 - Consultation Response from SEPA West received 09 March 2000 - Consultation Response from Head of Protective Services received 15 February 2000 - Consultation Response from Divisional Transportation Manager received 14 February 2000
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshall. 49
APPLICATION NO. C/99/01598/FUL
REPORT
1. APPLICATION SITE AND PROPOSAL
1.1 Planning permission is being sought by Tilcon Construction Ltd. for an extension to their existing aggregate workshagging storage yard for the purposes of erecting a single storey office building and associated car parking facilities.
1.2 The application site extends to some 0.3 ha and is located to the north of Tilcon’s existing aggregate storage area. This area formed part of a larger landfill site (now restored) and is generally characterised by its rubble surface and scrub woodland.
1.3 The proposal would involve a change of use of the vacant scrubland to industrial land. The developer also intends to undertake a tree-planting scheme (with support from the Central Scotland Countryside Trust) at the north and eastern boundaries of the site with the aim of creating a 20 metre wide tree belt between the extended industrial area and the outlying vacant land. As this proposed tree belt would lie outwith the application site the developer has accepted the need to enter into and conclude a satisfactory Section 75 Agreement with the Council, and the landowner.
1.4 The office block would consist of a single storey unit providing a floor area of some 432m2. The building would be modular in design with a curved metal clad roof, rendered walls and aluminum framed windows. The north elevation of the building would back on to an extended gabion basket wall, which would be filled with stone rubble. An existing site access road would be extended to provide access to a 19 no stafflvisitor parking bay/turning head. The site would be bounded by a security fence to match the existing enclosure.
1.5 In support of the application the applicant has asked me to consider the following matters.
That although the site lies within a designated green belt area this particular part largely consists of fill material and comprises rough scrub arguably of little ecological interest.
That the proposal should be considered as a consolidation of the green belt boundary rather than an erosion of green belt area. In support of this view the developer considers the tree planting proposals would clearly fix the limits of the industrial area which would discourage any further development beyond the tree line. Moreover the tree planting scheme would screen the industrial uses from outlying areas and generally improve the visual amenity of the area.
That Tilcons’ proposal to combine the location of sales and production staff would provide employment for 30 people which in turn would bring benefits to the local economy.
2. DEVELOPMENT PLAN/SITE HISTORY
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.
GB 1 Restrict Development in the Green Belt CU 16Landfill Gas LI lil High Quality Landscape
2.2 Listed above is a note on previous planning consents. Although the consents are not directly related to the current application site they offer an indication on how this well established industrial area has been extended over a period of time. 50
3. CONSULTATIONS/REPRESENTATIONS
3.1 There were no adverse comments received fiom the above noted consultees however The Coal Authority advised they had note of 2 mine entries located within 20 metres of the site. The Coal Authority has also suggested that the developer should seek appropriate technical advice before works are undertaken on site. The applicant’s agent has been advised of these comments.
3.2 Following the prescribed neighbour notification period and advertisement of the appIication in a local newspaper there were no representations received from interested parties.
4. ASSESSMENT
4.1 The proposal has been advertised as being contrary to green belt policy GB 1. This policy only permits developments that are either connected to forestry or agriculture uses or to developments that require a rural location. It is clear from the nature of the proposed development that it is not related to an appropriate green belt use. However the applicant has requested that I consider other material factors that may justify an acceptable departure from the adopted policy. Such factors may include economic benefit, locational need, infrastructure implications and any environmental impact or improvement.
4.2 Economic Benefit: Tilcon have advised that their proposal would involve a relocation of approximately 30 saleshupport and operational staff to the Bargeddie depot which may have spin off improvements to the local economy. Conversely, if the proposal is unacceptable Tilcon have advised they may need to relocate the entire facility to another area which may be to the detriment the local economy. Whilst Tilcon have previously advised (refer to their pre-application letter dated 8 September 1999) that these jobs would represent a relocation of existing staff numbers from Glasgow to Bargeddie it is accepted that the if staff numbers are increased there would be a small benefit to the local economy.
4.3 Locational Need: Under the strict terms of Policy GB 1 there is no need for this type of industrial use to be located within a green belt site. Notwithstanding this, it should be noted that this industria1 area is characterised by a number of well-established ‘bad neighbour’ industrial uses. Due to the site’s relatively remote location these existing industries are able to operate with no adverse environmental impact on neighbouring properties. Alternative sites offering similar advantages have been identified in the local plan. However these sites are already occupied or are bounded by adjacent residential areas. As such there are few opportunities available which would allow Tilcon to relocate to suitable sites in the surrounding North Lanarkshire Area. To this end it may therefore be justified in this instance to allow a hrther extension to the depot provided safeguards could be put in place to prohibit any further loss of green belt at this locus.
4.4 Infrastructure Implications: The existing site and surrounding industrial uses are already serviced although it is accepted that the proposed office may need to be connected to a septic tank system. West of Scotland Water and SEPA West had no objections to the proposals. Overall I consider there would be no significant infrastructure implications as a result of the proposal.
4.5 Environmental Impact: The processes involved in the production of concrete and aggregates can have a detrimental impact on the amenity of any neighbouring uses however as noted above this is largely acceptable at this particular location. Moreover the proposal relates to the provision of an ancillary office block and does not include any extension to Tilcon’s plant machinery. As such I do not consider the proposal, itself, would have a significant environmental impact.
4.6 Environmental Improvements: The proposals also include a tree-planting scheme around the north and eastern boundary of the site. Once established this would have the benefit of first, providing a natural visual screen to the site. Second, improve the quality of the surrounding landscape and third, provide a more defmitive boundary between the edge of the green belt and the extended industrial site. The developer has agreed to enter into a Section 75 Agreement with the landowner and the Council and has accepted the need for a Woodlands Management Scheme with assistance from Central Scotland Countryside Trust.
4.7 Other considerations: It may be argued that a precedence has been set in allowing a gradual take up of small sections of green belt land in this area (refer to the delineated green belt boundary on the attached 51
location plan). The development history of this well established industrial area offers an indication of how the current amenity sensitive land uses have gradually encroached the outlying vacant ground. The main expansions occurred when firstly Tilcon secured planning permission for an aggregate storage area (ref planning consents 95509 and 95189) and secondly when planning permission was granted to Enviroscot Ltd. for the adjacent Waste Transfer and Recycling Plant (ref planning consent Ci98101093iFUL). These extensions may have been acceptable in part due to there being no definitive natural boundary to the green belt over this former landfill site. The previous’extensions have all involved ground that formed part of an open area that is generally characterised by its rough undulating surface on which a variety of scrub has re-established itself. Given such a precedence I consider the current proposals may offer an opportunity to rationalise and make provision for a more clearly defined boundary to the green belt. This would assist in resisting any further encroachments beyond the proposed tree belt.
4.8 As noted above there were no adverse comments received from any of the external consultees and there were no representations from neighbours.
4.9 Following consideration of the above matters it is my view that on balance the advantages gained in allowing a fiuther extension to the established industrial area outwiegh the case for exercising the strict terms of the greenbelt policy in this instance. In its favour is the recognition that the area provides an appropriate locus for ‘bad neighbour’ industries. Indeed it may be argued that this particular site is ideally situated to accommodate such land uses. These types of sites are limited and relocation opportunities are limited and problematic as relocation may result in amenity concerns elsewhere. It is accepted that there would be small economic benefit to the local economy however it is noted the increased staff numbers would be as a result of a relocation of existing staff. I accept that precedence has been set in allowing a certain degree of encroachment on the green belt boundary and this proposal would be difficult to resist purely on policy grounds. Moreover the proposal offers an opportunity to consolidate the green belt boundary which in turn would restore its strategic containment role. The provision of a tree belt would also assist in improving the quality of the surrounding landscape and its future maintenanceimanagement would be assured with assistance fiom CSCT. I consider the proposal to be acceptable and on balance represents an acceptable departure from the terms of the development plan. As such it is recommended that planning permission be granted subject to conditions and the satisfactory conclusion of a Section 75 Agreement. 52
Application No. C/99/0 16 14/FUL Date registered 24 December 1999 APPLICANT MR HUGH MURRAY, "SWEETHILL", BORE ROAD, AIRDRIE, ML6 6Hx
Agent Construction Design Associates, 6 Church Street, Coatbridge
DEVELOPMENT ERECTION OF 1.5 METRE HIGH METAL SECURITY FENCE (PART RETROSPECTIVE) AND 1 METRE TIMBER FENCE LOCATION SWEETHILL HOUSE, BORE ROAD, AIRDIRE
Ward No. 43 Grid Reference 276848665769
File Reference CPLlO525 0120 12121000/KC/SOH
Site History 83001 - Erection of dwellinghouse, granted 9 February 1983 9 1460 - Conversion of workshop and stores to form three self contained dwellinghouses and six domestic lock-up garages, granted 11 February 1992
Development Plan In terms of the Adopted Monklands District Local Plan 199 1, the area is located within an area covered by the following policy:
ENVl5 12 Drumgelloch Conservation Area, Airdire
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS Neighbours Three
Newspaper None Advertisement
COMMENTS This application for the erection of a 1.5 metre high security fence (including gates) and the erection of a 1 metre high timber fence on top of part of the rear boundary wall at Sweethill House, Bore Road, Airdrie. The application site is located within the Drumgelloch Conservation Area. It is the case that the applicant has erected a section of the 1 Smetre high security fence. The assessment of the proposal is to be dealt with in the accompanying report. The conclusion is essentially a grant of permission for the main element of the proposal but subject to conditions which require specific items to be deleted.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
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.
R9901614
54
That the traffic calming method shall not be in the form of the rubber strips as indicated on the approved plans. Furthermore, the method of traffic calming shall be agreed in writing with the Planning Authority.
Reason: In the interests of visual amenity.
That the timber close boarded fence from point A to point B as indicated on the approved plans is not hereby granted permission.
Reason: In the interests of amenity.
That the double gate from point C to point D as indicated on the approved plans is not hereby granted permission.
Reason: In the interests of traffic and pedestrian safety.
List of Background Papers
- Application form and plans dated 13 December 1999 - Adopted Monklands District Local Plan 199 1 - Two letters of representation from Mr James Murray, 8 1 Bore Road, Airdrie, dated 16 December 1999 and 26 February 2000 - Letter of representation from E McWilliams, 83 Bore Road, Airdrie, dated 22 December 1999 - Letter of representation from h4r E and Mrs J Bryce, 85 Bore Road, Airdrie, received on 24 January 2000
Any person wishing to inspect the above background papers should telephone Coatbridge 812382 and ask for Kirsten Cairns.
R9901614 55
APPLICATION NO. C/99/01614/FUL
REPORT
1. SITE AND PROPOSAL
1.1 This application is for the erection of a 1.5 metre high security fence and gates and the erection of a 1 metre high timber fence on top of part of the rear boundary wall at Sweethill House, Bore Road, Airdrie. A section of the proposed 1Smetre high security fence has been erected. When it was pointed out that planning permission was required, work on the fence ceased.
1.2 Most of the area concerned is communal pedestrian and vehicular access to not only Sweethill House itself and its two garages, but also the properties at 81, 83, and 85 Bore Road and allocated garages. Properties at 81 to 85 inclusive Bore Road are located to the rear of Sweethill House. Therefore, pedestrian and vehicular traffic must pass by Sweethill House to access these properties and their allocated garages.
I .3 The application site is located within the Drumgelloch Conservation Area. Most of the surrounding properties are of a traditional design. However, Sweethill House itself was granted permission in 1983 and properties 81 to 85 inclusive were converted from old workshops in the early 1990s.
2. CONSULTATIONS
2.1 None
3. REPRESENTATIONS
3.1 Four letters of representation have been received from the neighbours at 8 1 to 85 Bore Road who are directly affected by the proposal.
3.2 The points of objection can be fairly summarised as follows:-
(a) The type of fencing proposed is not suitable for a Conservation Are and would affect property values of surrounding houses; (b) Proposed fence and gate at the entrance to the applicants double garage would restrict manoeuvring of the cars of resident at 8 1 to 85 Bore Road to such an extent that the cars would not be able to enter Bore Road in forward gear; (c) The reduction in the width of the driveway would restrict the access of emergency vehicles or removal vans to properties 81 to 85 Bore Road; (d) One of the reasons for purchasing the houses was because of the open plan courtyard; (e) The proposed erection of the 1 metre timber fence onto the existing wall to the front of 83 Bore Road would block out sunlight and would not be suitable for a Conservation Area; (f) Missives show a common access width of 3.5 metres, however, the proposal would reduce the width to 3 metres. Furthermore, it would obstruct the view currently enjoyed; (g) The proposed gate across the communal access would not allow pedestrian access and would be hard to open as it is located up hill.
4. OBSERVATIONS
4.1 In assessing this particular proposal, it is considered that the relevant determining factors are whether the proposal is acceptable in terms of design, materials and scale. Furthermore, it requires to be considered whether the proposal would have a detrimental effect on the neighbours at 81-85 Bore Road, in view of the objections mentioned.
4.2 In respect of the above, it is considered that the materials proposed for both types of fence are suitable in that the properties, though located within a Conservation Area, are of a modem appearance.
4.3 Following on from the point made at 4.2 above, it is felt that the positioning of the 1.5 metre high metal security fence is acceptable. The applicant is merely taking steps to fence off the curtilage of the house. It is the case that the width of the communal access appears to be reduced. However, it has
R9901614 56
been confmed by the applicant that the missives to do not state a minimum width. Even if the width is contrary to the missives, this is a legal issue between the applicant as Feu Superior, and the objectors. The Division’s Transportation Manager has no concerns over the proposed width of the access in form or road safety.
4.4 The proposal also involves the erection of gates, one to the front of the applicant’s double garage which is situated away from the house, to the east of the site. The other is located across the common access area. Through consultation it was established that the need for the gate across the access was in order to reduce the speed of vehicles entering and exiting the site. It was agreed that a form of speed ramp would better suit the purpose of reducing the speed of vehicles, as such, the gate at this location was omitted from the proposal. The type of speed ramp could be agreed in writing with the Planning Authority at a later date.
4.5 Concerns have been expressed over the location of the double gate to the fiont of the applicant’s garage on the east of the site. Having consulted the Division’s Transportation Manager it is considered that this part of the proposal is unacceptable as it would interfere with the turning manoeuvre of vehicles using the lock-up garages. This would result in vehicles having to leave the site in reverse gear. In fact the approved plans for application 91460, conversion of workshop and stores to form three self contained dwellinghouses and six domestic lock-up garages, shows the area to the front of the applicants double garage as a turning area. It is therefore felt that this part of the proposal cannot be approved. It is the case that the applicant was asked to remove the gates from the proposal, however, he declined.
4.6 The last main component of the proposal involves the erection of a 1 metre timber close-boarded fence on part of the existing 1 metre high rear boundary wall of Sweethill. The rear boundary wall of Sweethill also forms the front boundary of properties 81 and 83 Bore Road. The applicant proposes erecting the timber fence only onto the section of wall to the front of 83 Bore Road. It is felt that this is unreasonable as it would severely affect the outlook and amenity of the residents of No 83. Effectively they will be looking onto a timber fence only 2 metres from the kitchen window. It is therefore felt that this element of the proposal cannot be approved.
4.7 Following on from the above, it is proposed that the existing lm boundary wall be extended by 0.8 metre. This element is acceptable as the applicant is merely building to his formal boundary.
4.8 It is the case that all the residents who use the communal space are responsible for its functioning. If even one person does not use the space appropriately it has an effect on all other residents. However, the erection of gates and the timber fence at strategic points are not the answer as they will restrict the available space to the detriment of some of the users. Having assessed the proposal in great detail, the only elements that are appropriate are the demarkation of the applicant’s boundary and the introduction of speed ramps. Therefore, it is felt that the erection of the timber fence onto part of the boundary wall and the erection of the double gate to the front of the applicant’s double garage cannot be granted.
5. CONCULSIONS
5.1 For the reasons outlined in the main body of the report it is recommended that the application be granted permission subject to conditions. The conditions specify which inappropriate aspects of the proposal are unacceptable and are therefore not recommended for approval.
R990 I614 57
Application No. C/OO/OOO26/FUL Date registered 2 1 January 2000 APPLICANT MRS R McKEARNAN, ‘CROFTPARK’ FORREST STREET, AIRDRIE
Agent DEVELOPMENT ERECTION OF BUILDING FOR USE AS CHILDREN’S NURSERY LOCATION ‘CROFTPARK’, FORREST STREET, AIRDRIE
Ward No. 44 Grid Reference 2773 11 665568
File Reference
Site History 97455 Erection of Two Storey Children’s Day Care Nursery Accommodation Granted 14 January 1998 96178 Erection of Two Storey Building for Use as Additional Private Day Care Nursery Granted 19 June 1996 95023 Part Use of Dwellinghouse as Private Day Nursery Granted 31 March 1995 872 13 Erection of Dwellinghouse in Outline Granted 15 January 1987 87213 Erection of Two Dwellinghouses in Outline Refused 30 April 1987
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policies: -
HG9 Housing Policy for Existing Residential Areas ENV 15 Conservation Area
Contrary to No Development Plan
CONSULTATIONS
Objection No Objection West of Scotland Water, The Coal Authority Conditions No RepIy
REPRESENTATIONS Neighbours One
Newspaper No Response Advertisement
COMMENTS Planning permission is being sought for the erection of a 1% storey building which would be used as a children’s day care nursery. The proposal would represent a further increase to this ancillary use within the grounds of Croftpark (refer to the above planning history). The building would be ‘L’ shaped and would be positioned at the north east corner of the extensive garden grounds attached to Croftpark. On the ground floor 3 playrooms would be formed with toilet facilities. The upper floor would consist of an attic storage facility accessed by hatch. An existing outhouse would be demolished and two semi-mature trees and one diseased tree would be removed. The building would be similar in design to that constructed on the other side of the villa and would be finished in materials to match and
comnlement the existinec villa.
59
The applicant has confirmed that the business employs 10 part time staff members and the submitted plans indicate that there is sufficient off-street parking space to accommodate this level of use.
The proposal generally accords with the terms of the local plan policies although it is noted that the ancillary day care use has escalated. However despite this, its operation can be contained within the curtilage of the existing dwellinghouse due to the extensive garden areas and with no detrimental impact to the site itself or to that of surrounding neighbours. The proposed building has no upper window openings to the north or east elevations and as such overlooking problems would not arise. The building is designed to complement the original villa and would not affect its setting.
A letter of representation was received fi-om a neighbouring resident who objected on the basis that the development was detrimental to the aims of the conservation area and would result in the loss of trees. The policies relating to the Conservation Areas do not preclude development per se provided they are appropriately designed. In this instance the proposals accord with the design guidance on conservation areas. The applicant is to provide appropriate replacement tree species within the site which I consider would be acceptable. Indeed it is noted that the applicant has recently completed additional tree planting works to the front of the site which will through time enhance the mature tree canopy. I therefore do not consider the objection can be sustained in this case.
Having considered all of the above matters I would conclude that proposal could be implemented in satisfactory manner and recommend that planning permission be granted subject to conditions
RECOMMENDATION
Grant, subject to the following conditions.
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
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 enable the Planning Authority to consider these aspects.
3. That notwithstanding the provisions of Class 10 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the building hereby approved shall be used solely as a Child's Day Care Nursery. The attic area as indicated on the approved plans shall be used for storage purposes only.
Reason: To enable the Planning Authority to retain effective control and for the avoidance of doubt over the limit of the authorised use. 60
4. That no cars shall be parked outwith the parking areas noted on the approved plans.
Reason: To ensure the ancillary use is not overdeveloped and to ensure there are adequate parking facilities within the site.
5. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
6. That before works start on site the developer shall erect appropriate entrance and exit signs at access points 'A' and 'B' respectively as noted on the approved plan to ensure that a one way system is adopted by all visitors to the site. Details of these signs shall be submitted to, and approved in writing by the Planning Authority.
Reason: In the interests of traffic and pedestrian safety.
7. That parking spaces nos 8 and 9 as noted on the plans hereby approved shall be reserved for the occupants of the existing dwellinghouse and shall not be used as staffivisitor parking.
Reason: To ensure the provision of adequate parking facilities within the site.
8. That within 12 months of the start of the works hereby approved, or within an alternative timescale approved in writing by the Planning Authority, the tree planting scheme as noted on approved drawing number DS/09832/01 shall be completed; and any trees which die, are removed or become diseased within two years of the completion of the development, shall be replaced within the next planting season with others of similar size and species.
Reason: In the interests of the visual amenity of the Conservation Area.
9. That the proposed parking areas noted on the approved plans shall be surfaced in stone sets to match the existing driveway.
Reason: In the interests of traffic safety and to protect the amenity of the conservation area.
List of Background Papers
- Application Forms and Accompanying Plans - Adopted Monklands District Local Plan 1991 - Consultation Response from West of Scotland Water received 11 February 2000 - Consultation Response from The Coal Authority received 10 February 2000 - Letter of Objection from R A Wood, 4 Grahamshill Street, Airdrie ML6 7EH
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Marshall. 61
Application No. SI9910 1274lFUL Date registered 29'" September 1999 APPLICANT BOC LTD, THE PRIESTLEY CENTRE, 10 PRIESTLEY ROAD, GUILDFORD, SURREY Agent DEVELOPMENT INSTALLATION OF LIQUID HYDROGEN STORAGE FACILITY LOCATION BOC GASES, CHAPELKNOWE ROAD, CARFIN
Ward No. 5 Grid Reference 277732 658308
File Reference SIPLIBISIS 1IGLIJM
Site History Various applications related to the development of and installation of plant at this site
Development Plan Established Industrial Complex within the GreenBelt on the Finalised Draft Southern Area Local Plan and the Northern Area Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Health and Safety Executive, NLC Emergency Planning Conditions No Reply
REPRESENTATIONS
Neighbours One letter of objection from British Steel and one representation from the Diocese of Motherwell Newspaper Advertisement No Response
COMMENTS This proposal relates to the installation of a hydrogen storage facility and trailer filling system at the BOC works, Chapelknowe Road, Carfin. British Steel and the Diocese of Motherwell made representations regarding this proposal on the grounds that the proposal may affect the redevelopment of the former Ravenscraig site and Housing proposals at Carfin Grotto respectively. This application is solely for the installation of plant and machinery and not for the storage of liquid hydrogen, which requires a separate consent under the Hazardous Substances Regulations. However, none of the bodies consulted, including the HSE, have objected to this proposal and, on this basis I recommend that planning permission be granted.
RECOMMENDATION
Grant, subject to the following conditions:- \ 63
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 within 3 months of the plant, hereby approved, being brought into use, a noise survey related to the plant shall be carried out and submitted to the Planning Authority and shall include proposals for the amelioration of any noise, emanating from this plant, which exceeds the background noise from the existing plant on site.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That any amelioration measures identified as a result of the noise survey carried out under the terms of Condition (2) above shall be undertaken within a timescale agreed with the Planning Authority.
Reason: To protect nearby residents from additional noise intrusion.
4. That this consent relates to the installation of plant and machinery only and the facility shall not be brought into operation until the appropriate consent has been obtained under the Planning (Hazardous Substances) (Scotland) Regulations 1993 for the storage of Liquid Hydrogen in the facility.
Reason: Hazardous Substances Consent will be required to permit the operation of the facility at the proposed levels of Liquid Hydrogen Storage.
List of Background Papers
Application forms, plans and background statement registered on 29/9/99 Letter and baseline noise study dated 18\11/99 and 21/1/00 Finalised Draft Southern Area Local Plan Ravenscraig Master Plan Final Report 1997 Letter from HSE dated 14/12/99 Memo from Chief Executive dated 14/10/99 Letter from British Steel dated 2911 1/99
Any person wishing to inspect the above background papers should telephone Motherwell 3021 04 and ask for Mr Laing. 64
APPLICATION No. S/99/01274FUL
REPORT
1. SITE AND PROPOSAL
1.1 The application site is currently a car park in the north west corner of the existing BOC site at Chapelknowe Road, Carfin. To the west of the site is land owned by BOC and the railway, to the north is further land within the BOC site, and Chapelknowe Road and to the east and south is the BOC works.
1.2 It is proposed to install a 60000 litre liquid hydrogen storage tank, vent stack, vapourisers associated plant and trailer filling bays on the site to provide a short notice distribution service for hydrogen gas, which is used within the electronics industry. The tank and much of the associated plant is being relocated from the company’s Middlesbrough branch and is some 15 to 16 metres in height with the vent stack being 20 metres high. Other storage cylinders for gaseous hydrogen will be relocated from elsewhere within the Carfin site.
1.3 It should be noted that this application relates only to the installation of plant and machinery and that to store liquid hydrogen at the facility B.O.C. will have to apply for an amendment to the Hazardous Substances Consent covering the Carfin site.
2. CONSULTATIONS
2.1 The Health and Safety Executive have offered no objections to this proposal and have further indicated that the existing consultation zone around BOC Carfin is not likely to be affected. This response only relates to the erection of the plant and does not infer that the storage of hydrogen will not affect controls and restrictions within the zone. Any changes to these controls can only be assessed on receipt of a Hazardous Substances Consent Application. The Council’s Emergency Planning Officer has also offered no objections to the proposal.
3. OBJECTION
3.1 British Steel have lodged an objection to this proposal, on the grounds that the current Ravenscraig Master Plan proposes residential development for the area of the Ravenscraig site closest to the BOC plant, and within the consultation zone, and that this proposal would be a potential risk to the redevelopment. The Diocese of Motherwell have expressed similar fears relating to the housing proposals at Carfin Grotto.
3.2 These representations raise valid concerns regarding the redevelopment of the former Ravenscraig site and Carfin Grotto, however, these concerns relate to the storage of liquid hydrogen, which would not be permitted without an application to amend the existing Hazardous Substances Consent. The current planning application relates to the installation of the tank and associated plant and machinery, to which there is no objection froin HSE.
4. CONSIDERATIONS AND CONCLUSIONS
4.1 There are no land use implications raised by this proposal and none of the authorities consulted during the consideration of the proposal have raised objections. In addition, although the vent stack operates in a slow, controlled manner, BOC have offered to carry out noise assessment once the plant is operating to ensure that, as they assert, any noise emanating from this plant will be imperceptible against the background noise of the existing operations on the site. 65
4.2 The concerns of the objectors are understandable but on the basis of all of my consultations I am of the opinion that there are no grounds on which this proposal, which relates to physical works only, could be reasonably refused. I recommend, therefore, that permissioii is granted. 66
Application No. S/99/01600/FUL Date registered 17 December 1999 APPLICANT MX H MUIR, 57 HOPE STREET, "NS Agent Neville Design Services, 7 Mayfield Place, Carluke ML8 4HQ DEVELOPMENT EXTENSION TO DWELLINGHOUSE, ERECTION OF GARAGE, ERECTION OF CAR PORT AND FORMATION OF DRIVEWAY LOCATION 57 HOPE STREET, NEWMAINS
Ward No. 16 Grid Reference 282131655919
File Reference S/PL/B/3/7 1(3 B)/JL/AB
Site History No site history
Development Plan Residential on Southern Area Local Plan - Finalised Draft
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours One letter of objection Newspaper Advertisement Not Required
COMMENTS The applicant seeks planning consent for the erection of a two storey rear extension, erection of garage, erection of a car-port and formation of a driveway at 57 Hope Street, Newmains. One letter of objection was received from an adjoining neighbour. The objection can be summarised as follows:-
- The two storey rear extension will, due to it's southerly king direction, drastically reduce any available natural light fiom entering the lounge and rear window and it will g~eatlyovershadow the garden and seated area, which will have a negative effect on amenity;
- the proposed front driveway will be difficult to use due to the inadequate width of the access road leading thereto;
- the main dram, which is in close proximity to the application site, is constantly in a state of collapse due to subsidence;
68
- two storey house extensions have been refused in the past in this residential area.
My comments on the above are as follows:- having assessed the proposal against normal sunlight/daylight indicator tests on the affected property, it was found that the effect of the two storey extension on the adjacent property was minimal and not sufficient to sustain a refusal of planning permission. With regard to vehicular access, Hope Street is a substandard road in terms of width, being only approximately 4.5 metres wide however, the creation of off street parking facilities within the site curtilage should prove beneficial to the area generally. Drainage issues relative to this proposal are not an issue to be considered when determining this planning application. Lastly, I have no record of any planning refusal for a two storey extension in this area. Notwithstanding the objections received, I hereby recommend that planning consent is granted for the proposal.
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 coloLir and texture those of the existing adjoining dwellinghouse.
Reason: To ensure that the materials match existing dwellinghouse.
List of Background Papers
Application form and plans dated 17112/00 Letters from agent dated 14/02/00 and 7/03/00 Southern Area Local Plan - Finalised Draft Letter of objection dated 10/12/99 from Mrs M Allan, 59 Hope Street, Newmains
Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Jim Lennon. 69
Application No. S/00/00086/FUL Date registered 1 February 2000 APPLICANT COAKLEY BUS COMPANY LIMITED, 19 NEWHUT ROAD, BRAIDHURST INDUSTRIAL ESTATE, MOTHERWELL ML13ST Agent Parry & Hughes, 7 Lpedoch Street, Glasgow G3 6EF DEVELOPMENT CHANGE OF USE FROM VEHICLE REPAIR WORKSHOP TO BUS DEPOT (XETROSPECTIVE) AND EXTENSION TO EXISTING WORKSHOP TO FORM OFFICES, TOILET AND MESS-ROOM LOCATION 19 NEWHUT ROAD,BRAIDHURST INDUSTRIAL ESTATE, MOTHERWELL
Ward No. 3 Grid Reference 274782 658045
File Reference S/PL/B/13/ 16( 17)/JwAB
Site History Planning consent was granted in March 1988 for change of use from vehicle parking garage to vehicle repair workshop (ref no. 28/88)
Development Plan Industrial on Southern Area Local Plan - Finalised Draft
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS The applicant seeks retrospective planning consent for the change of use from vehicle repair workshop to bus depot and extension to existing workshop to fom offices, toilet and messroom at 19 Newhut Road, Braidhurst Industrial Estate, Motherwell. The applicant has been operating from the premises for well in excess of one year now and was in kct encouraged to move from his previous inadequate premises in the Bellshill Area. I have received no objections from neighbouring properties and I am of the opinion that the site can readily accommodate Mr Coakley’s business, I therefore recommend that planning consent is granted.
RECOMMENDATION Grant., subject to the following conditions:-
71
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 ensure that the materials match existing building.
List of Background Papers
Application form and plans dated 1/2/00 Southern Area Local Plan - Finalised Draft
Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Jim Lemon. 72
Application No. s/o0100 09 8/FUL Date registered 3rdFebruary 2000 APPLICANT DALZIEL HOMES LTD, 100 HAGEN DRIVE, MOTHERWELL Agent DEVELOPMENT DEVELOPMENT OF FOUR HOUSE PLOTS AND FORMATION OF ACCESS LOCATION LAND NORTH OF HAGEN DRIVE, MORRIS CRESCENT, MOTHERWELL
Ward No. 5 Grid Reference 278178 658271
File Reference S/PL/B/5/5O(27 1)/DA/JM
Site History Feb 1994 - Part of site granted outline planning permission for upgrading of outdoor sports facilities, golf course and 175 house plots
Development Plan Northern Area Local Plan - Greenbelt Policies (El, E2, E3) Southern Area Local Plan, Finalised Draft - Private Housing Development Opportunity Policy (HSG2)
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Health and Safety Executive, West of Scotland Water, Coal Authority Conditions No Reply Scottish Environment Protection Agency
REPRESENTATIONS
Neigh bours 2 letters of objection Newspaper Advertisement Not Required
COMMENTS The applicant seeks planning permission to develop four house plots on an area of ground near to the entrance of Dalziel Park Estate off Chapelknowe Road, Motherwell. The plots would be served by a single private access road from Morris Crescent. The site is allocated as a private housing development opportunity on the most recent local plan and would effectively “round off’ development of the Estate. A similar application on an adjacent site for three house plots is also being reported to this Coininittee (application no S/OO/OO 10 I /FUL). Two objections have been received to the application and my comments on these and the merits of the proposal are detailed in the attached report.
RECOMMENDATION AJng Field 74
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 development of the plots hereby permitted starts, the access road shall be constructed to sealed base course level.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings and to prevent deleterious material being carried onto the road.
3. That before the last of the dwellinghouses permitted in terms of condition 6 below is occupied, all roads and footways shall be completed to final wearing course.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
4. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
5. That a visibility splay of 2.5 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 started, 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. In addition, the forward visibility envelope shaded RED on the approved plans shall also be kept clear of all obstructions described by the above terms.
Reason: In the interests of the safety of all Vehicular road users.
6. That before the construction of each dwellinghouse starts, a further planning application for each dwellinghouse shall be submitted to the Planning Authority in respect of the following details:-
(a) the siting, design and external appearance of all buildings and other structures; (b) the design and location of all boundary walls and fences;
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That notwithstanding the terms of condition 6 above, the dwellinghouse on plot no 4 shall front onto Morris Crescent. 75
Reason: To ensure a logical building frontage along Morris Crescent in the interests of visual amenity.
8. That notwithstanding the terms of condition 6 above, the dwellinghouses on plots 5,6 and 7 shall front onto the new access road.
Reason: In the interests of the privacy of adjacent plots and to ensure adequate spacing between the dwellings.
9. That notwithstanding the terms of condition 6 above, the dwellinghouses permitted in terms of condition 6 above shall not contain the windows of habitable rooms above ground floor level on gable elevations, with the exception of those fitting with opaque glazing. Furthermore, the south-east elevation of the dwellinghouse on plot 5 shall not contain windows on the ground floor unless these are also fitted with opaque glazing.
Reason: In the interests of privacy of adjoining dwellinghouses, particularly the dwellinghouse to be built on plot no.4.
10. That notwithstanding the terms of condition 6 above, the dwellinghouses to be built within the application site shall not exceed two storeys in height.
Reason: To ensure compliance with the established building form, in the interests of the visual amenity of the area.
11. That before construction starts on each of the dwellinghouses permitted in terms of condition 6 above, full details and/or samples 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 and that, for the avoidance of doubt, the roof tile shall be of a dark colour, such as DARK GREY or BROWN.
Reason: To minimise the visual impact of the dwellinghouses due to their prominent position at the entrance to the Estate.
12. That the plots hereby approved shall be developed in accordance with the minimum sizes and dimensions detailed below, viz:-
(a) a minimum front garden depth of 6 metres; (b) a minimum rear garden depth of 9 metres, except for plot 4 which shall have no part of the dwellinghouse built within the area shaded BROWN on the approved plans; (c) a minimum distance between the side wall of any dwellinghouse and the side garden boundary of 2 metres, except for plot 5 which shall have no part of the dwellinghouse built within the area shaded BLUE on the approved plans. (d) a minimum rear garden area of 100 square metres; (e) a minimum garden area to dwellinghouse ground floor area ratio of 60:40.
Reason: In the interests of the visual amenity of the area, to ensure the construction of a low density residential development befitting an urban fringe location and, with respect to plots 4 and 5, to ensure an adequate separation distance. 76
13. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls or other means of enclosure shall be erected beyond the front building line of the dwellinghouses permitted in terms of condition 6 above.
Reason: To ensure an open plan policy in the interests of amenity.
14. That notwithstanding the details requested in terms of condition 6 above, a 1.8 metre high close boarded timber screen fence shall be erected around the rear garden of all dwellinghouses as far as the front building line of each dwellinghouse, except for the western plot boundary of plot 7, all before the first of the neighbouring dwellinghouses is occupied.
Reason: In the interests of the privacy of adjacent residents.
15. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of any of the dwellinghouses permitted in term of condition 6 above shall be finished in materials which match those used on the dwellinghouse within the relevant plot.
Reason: In the interests of visual amenity.
16. That any garages built within the curtilage of any of the dwellinghouses permitted in terms of condition 6 above shall not project beyond the front wall of the dwellinghouse and shall incorporate a driveway to the front of the garage of at least 6 metres length. With respect to plot 7, this also applies to both walls of the dwellinghouse fronting on to Morris Crescent.
Reason: To ensure the provision of adequate off-street parking facilities.
17. That before each of the dwellinghouses permitted in terms of condition 6 above is occupied, and notwithstanding the terms of condition 16 above, two off street parking spaces shall be provided within each plot.
Reason: To ensure the provision of adequate off-street parking facilities.
18. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as a habitable room.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within each plot.
19. That the use of any of the garages to be constructed within any of the plots 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 garages.
Reason: To safeguard the residential amenity of the area. 77
20. That the driveways of the dwellinghouses permitted in terms of condition 6 above shall be finished in block paving within one month of the dwellinghouse being occupied.
Reason: In the interests of amenity and to prevent deleterious material, being carried out onto the highway.
21. That no driveway serving any of the four plots hereby permitted shall exceed a gradient of 10%.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
22. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.
Reason: To ensure that the ground is suitable for building on and forming garden ground.
23. That notwithstanding the terms of conditions 6 and 14 above, the required screen feiicing shall be erected along the individual plot sections of the boundaries marked AB before development starts on the immediately adajcent plot, or land, and that, for the avoidance of doubt, the fence line shall not break the line of the tree canopy, except as where may be agreed in writing with the Planning Authority.
Reason: To ensure adequate protection of the adjacent trees which are covered by a tree preservation order.
24. That no soil shall be disturbed or deposited, nor any structures erected within the drip line of the trees adjacent to the application site.
Reason: To ensure adequate protection of the adjacent trees which are covered by a tree preservation order.
25. That four trees of the approved species shall be planted in each plot during the first planting season (approximately November - April) following occupation of each of the dwellinghouses permitted in terms of condition 6 above.
Reason: In the interests of amenity and to accord with the terms of the approved development and design brief.
26. That the dwellinghouses permitted in terms of condition 6 above shall be constructed in accordance with the approved development and design brief.
Reason: To ensure continuitv in the develoument of the Estate. 78
27. That construction work on the access road and plots hereby permitted shall not take place outwith the hours of 8 am to 6 pin Monday to Friday and 9 am to 6 pm on Saturdays and Sundays.
Reason: To protect the residential amenity of the adjoining properties.
28. That the applicant shall submit details of measures to ensure that Morris Crescent is kept clear of mud, building materials and waste at all times and that these measures shall be approved in writing by the Planning Authority, all before the development hereby permitted starts.
Reason: To ensure the provision of adequate off-street parking facilities.
List of Background Papers
Application form and plans dated 3/2/2000 Development and Design Brief Motherwell District Council, Northern Area Local Plan North Lanarkshire Council, Southern Area Local Plan, Finalised Draft Letter from Coal Authority dated 14/2/2000 Letter from West of Scotland Water dated 10/2/2000 Letter from Health and Safety Executive dated 14/2/2000 Letter from Mr Dunn, 11 Jones Wynd, Motherwell, dated 14/2/2000 Letter from Mr McVey, 9 Jones Wynd, Motherwell, undated
Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. 79
APPLICATION No. S/OO/OOO98/FUL
REPORT
1. APPLICATION AND SITE
1.1 The developer of Dalziel Park Estate, located off Chapelknowe Road, Motherwell, seeks permission to develop seven house plots near the entrance to the Estate. This application is for four of these house plots; the remaining three plots form application no. S/00/001OO/FUL which is also being reported to this Committee. One private access is to be formed from Morris Crescent to serve the four plots which are the subject of this application.
1.2 The application site covers an area of 1.2 acres and is elevated relative to Morris Crescent, sloping generally from the north to the south. Currently it is mainly grassed and maintained by the Estate developer.
1.3 It is within the area covered by the outline planning permission granted in 1994 for residential development and associated sports facility developments. The house plot element of the permission was for the development of 175 such plots but only 172 have been achieved within the main part of the site. Whilst the planning application for three house plots on the adjacent site may be regarded as completing the 175 plots, this application may be regarded as “rounding off’ the development.
2. CONSULTATIONS
2.1 Consultations were carried out with West of Scotland Water, the Scottish Environment Protection Agency, the Coal Authority and the Health and Safety Executive. Replies were as follows.
2.2 The Health and Safety Executive (HSE), who were consulted on the basis that the site is within the 500 metre notification zone for the British Oxygen Company liquid oxygen tank, has responded that they do not wish to advise against the granting of planning permission on the grounds of safety.
2.3 West of Scotland Water indicated that there are existing water and sewerage facilities to which connections may be made.
2.4 The Coal Authority indicated that they do not envisage any problems, subject to the usual precautionary advice.
2.5 The Scottish Environment Protection Agency did not respond.
3. OBJECTIONS
3.1 Two objections were received in respect of this application, one from a notified neighbour and the other from a resident living in the vicinity. Objections cover the following issues:-
0 the site was not identified for house building the application site area will be a continual building site as “third phase” housing within the Estate is not yet started 0 the proposed development will delay the completion of the road works 80
location of the site relative to the BOC “blast zone” and the objector‘s dwellinghouse 0 upper levels of the dwellinghouses would overlook one objector’s rear garden 0 construction work in the vicinity, due to levels of noise and hours of operation, would detract from amenity for three years 0 dirt, nails and screws from the site as well as digging up Morris Crescent will cause traffic problems loss of greenbelt this part of the Estate should have been developed first and not now
4. DEVELOPMENT PLAN
4.1 The development plan for the application site consists of the Strathclyde Structure Plan and the Motherwell District Council Northern Area Local Plan. The Southern Area Local Plan, Finalised Draft, produced by North Lanarkshire Council is a valid material consideration. The proposed development has no strategic implications and it is therefore local plan policies which require more explanation.
4.1 Although identified as GreenBelt by the Northern Area Local Plan, this plan pre-dates the granting of planning permission in outline for the development of Dalziel Park and the Green Belt status of the site has, therefore, been diminished. It is considered that the Finalised Draft of the Southern Area Local Plan, which identifies the site as a private housing development opportunity, more accurately reflects the current status of Council policy in respect of the application site.
5. COMMENTS AND OBSERVATIONS
5.1 There has been considerable speculation for several years over the development potential of this site, with discussions over the possible location of a nursing home and, more recently, the development of 3-4 storey flats. However, Dalziel Park Estate has been developed over the past six years in accordance with a Development and Design Brief. Among other restrictions, the Brief requires that plotted residential development take the form of detached single and two storey dwellinghouses. As already noted, the outline planning permission for the whole estate allowed for the development of 175 house plots. To date only 172 plots have been accommodated (145 dwellinghouses have been built) and a further three have yet to be identified.
5.2 The application for 3 plots on the adjacent site would bring this total to 175, as required by the terms of the original outline permission. However, development of these plots would use only part of the mounded area of open space at the entrance to the Estate. If it is accepted that development of the three plots of the neighbouring location is permissible, it would leave this site with a very “incomplete” appearance. There would be a fence line with only three dwellinghouses behind it and a wider area of open space to the front of it. Whilst this area is presently maintained by the developer, experience elsewhere in the Council area suggests that once the developer leaves the site and residents are left to carry out maintenance the regime inevitably breaks down. In this instance, it would be extremely unfortunate to have a large uninaintained area of open space at the entrance to the site. I consider that it may be better to secure this opportunity to locate an attractive form of residential development on this site (the plot at the Estate entrance covers half an acre and could contain an attractive “feature” house). Nevertheless, this has to be balanced against the objectors’ comments regarding development of the site. I would assess those comments as follows.
5.3 The original plans submitted with the reserved matters application identified the site as a “future develoDment site”. While not allocated suecificallv for housing the site was, therefore, 81
clearly identified for “development” before the objectors applied for permission for their own dwellinghouses. The Southern Area Local Plan has allocated the site for residential purposes to reflect the most appropriate use. I therefore consider that, in view of the approved plans for the Estate, residents living in the vicinity of the application site should have had a reasonable expectation that some form of development would take place on this site. In view of the immediate surrounding land uses, housing development is regarded as the most appropriate form.
5.4 Many of the objections raised are in respect of inconvenience to existing residents once development starts and matters which may compromise their amenity. That the site would be an ongoing building operation is not in dispute. It cannot be stated with any certainty how long building operations will take and to place any sort of a timescale on this is speculative. It is inevitable that, with any plotted residential development, people will start and finish building operations at different times, often overlapping. Planning legislation allows specification of a timescale for starting an operation but not (except for temporary permissions), a timescale for completion. However, the inconvenience caused to residents by building operations may be regulated by the use of conditions relating to hours of operation and cleaning of the road surface, and requiring the Estate developer to demonstrate how the site is to be managed during the construction phase, to minimise inconvenience to existing residents.
5.5 One point of objection relates to how the proposed development could impact on the completion of roads within the Estate. The existing planning permissions for residential development elsewhere within the Estate require the roads to be constructed to final wearing course before the last of the 172 dwellinghouses elsewhere within the Estate is occupied. These permissions operate independent of the current proposal and, therefore, this proposal will have no impact on completion of the road network.
5.6 The objectors incorrectly identify a “blast zone” for BOC. I assume they are actually referring to the consultation distance already identified above. As noted, the HSE has not recommended against granting planning permission for residential development on the application site area.
5.7 Only one objector has referred to the possible overlooking of his garden by the proposed new housing and this is the objector who is more distant from the site. In fact from the nearest point of the proposed new dwellinghouses to his garden, the distance is approximately 60 metres. I consider this distance will minimise any overlooking of the garden area (which could most likely only be achieved from upper level bedroom windows) and will minimise any impact on privacy.
5.8 With respect to the final point of objection not already addressed, it would have been preferable for this site to be developed in the early phases of Dalziel Park. However, in order to comply with Council spacing standards and play area policy, all 175 dwellinghouses could not be accommodated within the main area of the Estate set aside for residential development. This, inevitably, was not clear in the early stages of the development.
6. CONCLUSION
6.1 I am satisfied that there is a reasonable basis on which to conclude that the principle of development on the application site was established through the granting of the outline planning permission and that the site has been identified on subsequently approved plans for development purposes. I am also satisfied that the proposed plots would provide an appropriate “rounding off’ of the development near the entrance to the Estate. I appreciate the objectors’ concerns over continued disturbance during the construction phase but I believe that this can be controlled to some extent through the imposition of conditions and, if necessary, their subsequent enforcement. In view of the above, I recommend that planning permission be granted. 82
Application No. S/OO/OO 1OOIFUL Date registered 31d February 2000 APPLICANT DALZIEL HOMES LTD, 100 HAGEN DRIVE, MOTHERWELL Agent DEVELOPMENT DEVELOPMENT OF THREE HOUSE PLOTS AND FORMATION OF ACCESS LOCATION LAND NORTH OF HAGEN DRIVE, MORRIS CRESCENT, MOTHERWELL
Ward No. 5 Grid Reference 278178658271
File Reference S/PL/B/5/5O(272)lDAlJM
Site History Feb 1994 - Part of site granted outline planning permission for upgrading of outdoor sports facilities, golf course and 175 house plots
Development Plan Northern Area Local Plan - Greenbelt Policies (El, E2, E3) Southern Area Local Plan, Finalised Draft- Private Housing Development Opportunity Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Health and Safety Executive Conditions No Reply West of Scotland Water, Coal Authority, Scottish Environment Protection Agency
REPRESENTATIONS
Neighbours 2 letters of objection Newspaper Advertisement Not Required
COMMENTS The applicant seeks planning permission to develop three house plots on an area of ground near to the entrance of Dalziel Park Estate, off Chapelknowe Road, Motherwell. The plots would be served by a single private access road from Morris Crescent. The site is allocated as a private housing development opportunity on the most recent local plan and represents the last 3 house plots allowed by the original outline planning permission for the development of 175 house plots. A similar application on an adjacent site for the development of an additional four house plots is also being reported to this Committee (application no. S/O0/00098IFUL). Two objections have been received to the application and my comments on these and the merits of the proposal are detailed in the attached report. Flaying field 84
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 development of the plots hereby permitted starts, the access road shall be constructed to sealed base course level.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings and to prevent deleterious material being carried onto the road.
3. That before the last of the dwellinghouses permitted in terms of condition 6 below is occupied, all roads and footways shall be completed to final wearing course.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
4. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
5. That a visibility splay of 2.5 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 started, 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 the safety of all vehicular road users.
6. That before construction starts on a dwellinghouse on each of the plots hereby permitted, a planning application for each dwellinghouse shall be submitted to, and approved by, the Planning Authority in respect of the following details:-
(a) the siting, design and external appearance of all buildings and other structures; (b) the design and location of all boundary walls and fences;
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That notwithstanding the terms of condition 6 above, the dwellinghouse on plot no. 1 shall front on to Morris Crescent. 85
Reason: To ensure a logical building frontage along Morris Crescent in the interests of visual amenity.
8. That notwithstanding the terms of conditon 6 above, the dwellinghouses on plots 2 and 3 shall front eastwards on to the new access road.
Reason: In the interests of the privacy of adjacent plots and to ensure adequate spacing between the dwellings.
9. That notwithstanding the terms of condition 6 above, the dwellinghouses permitted in terms of condition 6 above shall not contain the windows of habitable rooms above ground floor level on gable elevations, with the exception of those fitted with opaque glazing. Furthermore, the southern elevation of the dwellinghouse on a plot 2 shall not contain windows on the ground floor unless these are also fitted with opaque glazing.
Reason: In the interests of privacy of adjoining dwellinghouses, particularly the dwellinghouse to be built on plot no. 1.
10. That notwithstanding the terms of condition 6 above, dwellinghouses to be built within the application site shall not exceed two storeys in height.
Reason: To ensure compliance with the established building form, in the interests of the visual amenity of the area.
11. That before construction starts on each of the dwellinghouses permitted in terms of condition 6 above, full details and/or samples 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 and that, for the avoidance of doubt, the roof tile shall be of a dark colour, such as DARK GREY or BROWN.
Reason: To minimise the visual impact of the dwellinghouses due to their prominent position at the entrance to the Estate.
12. That the plots hereby approved shall be developed in accordance with the minimum sizes and dimensions detailed below, viz:-
(a) a minimurn front garden depth of 6 metres; (b) a minimum rear garden depth of 9 metres, except for plot 1 which shall have no part of the dwellinghouse built within the area shaded RED on the approved plans; (c) a minimum distance between the side wall of any dwellinghouse and the side garden boundary of 2 metres, except for plot 2 which shall have no part of thedwellinghouse built within the area shaded BLUE on the approved plans. (d) a minimum rear garden area of 100 square metres; (e) a minimum garden area to dwellinghouse ground floor area ratio of 60:40.
Reason: In the interests of the visual amenity of the area, to ensure the construction of a low density residential development befitting an urban fringe location and, specifically with respect to plots 1 and 2, to ensure an adequate separation distance. 86
13. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls or other means of enclosure shall be erected beyond the front building line of the dwellinghouses permitted in terms of condition 6 above.
Reason: To ensure an open plan policy in the interests of amenity.
14. That notwithstanding the details requested in terms of condition 6 above, a 1.8 metre high close boarded timber screen fence shall be erected around the rear garden of all dwellinghouses as far as the front building line of the dwellinghouse, all before the first of the neighbouring dwellinghouses is occupied.
Reason: In the interests of the privacy of adjacent residents.
15. That notwithstanding the provisioiis of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of any of the dwellinghouses permitted in terms of condition 6 above shall be finished in materials which match those used on the dwellinghouse within the relevant plot.
Reason: In the interests of visual amenity.
16. That any garages built within the curtilage of any of the dwellinghouses permitted in terms of condition 6 above shall not project beyond the front wall of the dwellinghouse and shall incorporate a driveway to the front of the garage of at least 6 metres in length.
Reason: To ensure the provision of adequate off-street parking facilities.
17. That before each of the dwellinghouses permitted in terms of condition 6 above is occupied, and notwithstanding the terms of condition 16 above, two off street parking spaces shall be provided within each plot.
Reason: To ensure the provision of adequate off-street parking facilities.
18. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as a habitable room.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within each plot.
19. That the use of any of the garages to be constructed within any of the three plots 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 garages.
Reason: To safeguard the residential amenity of the area. 87
20. That the driveways of the dwellinghouses permitted in terms of condition 6 above shall be finished in block paving within one month of the dwellinghouse on the plot being occupied.
Reason: In the interests of amenity and to prevent deleterious material being carried out onto the highway.
21. That no driveway servicing any of the three plots hereby permitted shall exceed a gradient of 10%.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
22. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.
Reason: To ensure that the ground is suitable for building on and forming garden ground.
23. That notwithstanding the terms of conditions 6 and 14 above, the required screen fencing shall be erected along the individual plot sections of the boundaries marked AB and BC before development starts on the immediately adjacent plot, or land, and that, for the avoidance of doubt, the fence line shall not break the line of the tree canopy, except as where may be agreed in writing with the Planning Authority.
Reason: To ensure adequate protection of the adjacent trees which are covered by a tree preservation order.
24. That no soil shall be disturbed or deposited, nor any structures erected within the drip line of the trees adjacent to the application site.
Reason: To ensure adequate protection of the adjacent trees which are covered by a tree preservation order.
25. That four trees of the approved species shall be planted in each plot during the first planting season (approximately November - April) following occupation of each of the dwellinghouses permitted in terms of condition 6 above.
Reason: In the interests of amenity and to accord with the terms of the approved development and design brief.
26. That the dwellinghouses permitted in terms of condition 6 above shall be constructed in accordance with the approved development and design brief.
Reason: To ensure continuity in the development of the Estate. 88
27. That construction work on the access road and plots hereby permitted shall not take place outwith the hours of 8 am to 6 pm Monday to Friday and 9 am to 6 pm on Saturdays and Sundays.
Reason: To protect the residential amenity of the adjoining properties.
28. That the applicant shall submit details of measures to ensure that Morris Crescent is kept clear of mud, building materials and waste at all times and that these measures shall be approved in writing by the Planning Authority, all before the development hereby permitted starts.
Reason: To protect the residential amenity of the adjoining properties.
List of Background Papers
Application form and plans dated 3/2/2000 Amended Development and Design Brief dated 3/2/2000 Motherwell District Council, Northern Area Local Plan North Lanarkshire Council, Southern Area Local Plan Finalised Draft Letter from Health and Safety Executive, dated 6/3/2000 Letter from Mr Dunn, 1 1 Jones Wynd, Motherwell, dated 14/2/2000 Letter from Mr McVey, 9 Jones Wynd, Motherwell, undated
Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. 89
APPLICATION No. S/OO/OO 1OO/FUL
REPORT
1. APPLICATION AND SITE
1.1 The developer of Dalziel Park Estate, located off Cliapelknowe Road, Motherwell, seeks permission to develop seven house plots near the entrance to the Estate. This application is for three of these house plots; the remaining four plots form application no. S/00/00098/FUL which is also being reported to this Coininittee. One private access is to be formed from Morris Crescent to serve the three plots which are the subject of this application.
1.2 The application site covers an area of 0.65 acres and is elevated relative to Morris Crescent, sloping generally from the north east to the south west. Currently it is mainly grassed and maintained by the Estate developer.
1.2 It is within the area covered by the outline planning permission granted in 1994 for residential development and associated sports facility developments. The house plot element of the permission was for the development of 175 such plots but only 172 have been achieved within the main part of the site. This application may therefore be regarded as completing the plotted development.
2. CONSULTATIONS
2.1 Consultations were carried out with West of Scotland Water, the Scottish Environment Protection Agency, the Coal Authority and the Health and Safety Executive. Replies were as follows.
2.2 The Health and Safety Executive, who were consulted on the basis that the site is within the 500 metre notification zone for the British Oxygen Company liquid oxygen tank, has responded that they do not wish to advise against the granting of planning permission on the grounds of safety.
2.3 Although this is the only consultation response received to this application, responses have been received for the application to develop four house plots on the adjacent site from the Coal Authority and West of Scotland Water. Neither consultee had adverse comments to make.
2.4 The Scottish Environment Protection Agency did not respond.
3. OBJECTIONS
3.1 Two objections were received in respect of this application, one from a notified neighbour and the other from a resident living in the vicinity. Objections cover the following issues:-
0 the site was not identified for house building 0 the application site area will be a continual building site as “third phase” housing within the Estate is not yet started 0 the proposed development will delay the completion of the road works 0 location of the site relative to the BOC “blast zone” and the objector’s dwellinghouse 0 upper levels of the dwellinghouses would overlook one objector’s rear garden 0 construction work in the vicinity, due to levels of noise and hours of operation, would detract from amenity for three years 90
0 dirt, nails and screws from the site as well as digging up Morris Crescent will cause traffic problems 0 loss of greenbelt 0 this part of the Estate should have been developed first and not now
4. DEVELOPMENT PLAN
4.1 The development plan for the application site consists of the Strathclyde Structure Plan and the Motherwell District Council Northern Area Local Plan. The Southern Area Local Plan, Finalised Draft, produced by North Lanarkshire Council is a valid material consideration. The proposed development has no strategic implications and it is therefore local plan policies which require more explanation.
4.2 Although identified as Green Belt by the Northern Area Local Plan, this plan pre-dates the granting of planning permission in outline for the development of Dalziel Park and the Green Belt status of the site has, therefore, been diminished. It is considered that the Finalised Draft of the Southern Area Local Plan, which identifies the site as a private housing development opportunity, more accurately reflects the current status of Council policy in respect of the application site.
5. COMMENTS AND OBSERVATIONS
5.1 There has been considerable speculation for several years over the development potential of this site, with discussions over the possible location of a nursing home and, more recently, the development of 3-4 storey flats. However, Dalziel Park Estate has been developed over the past six years in accordance with a Development and Design Brief. Among other restrictions, the Brief requires that plotted residential development take the form of detached single and two storey dwellinghouses. As already noted, the outline planning permission for the whole estate allowed for the development of 175 house plots. To date only 172 plots have been accommodated (145 dwellinghouses have been built) and a further three have yet to be identified, hence the reason for this application.
5.2 However, whether or not the current application site is the most appropriate location for these plots has to be assessed and the objectors’ comments form part of this assessment.
5.3 The original plans submitted with the reserved matters application identified the site as a “future development site”. While not allocated specifically for housing the site was, therefore, clearly identified for “development” before the objectors applied for permission for their own dwellinghouses. The Southern Area Local Plan has allocated the site for residential purposes to reflect the most appropriate use. I therefore consider that, in view of the approved plans for the Estate, residents living in the vicinity of the application site should have had a reasonable expectation that some form of development would take place on this site. In view of the immediate surrounding land uses, housing development is regarded as the most appropriate form.
5.4 Many of the objections raised are in respect of inconvenience to existing residents once development starts and matters which may compromise their amenity. That the site would be an ongoing building operation is not in dispute. It cannot be stated with any certainty how long building operations will take and to place any sort of a timescale on this is speculative. It is inevitable that, with any plotted residential development, people will start and finish building operations at different times, often overlapping. Planning legislation allows specification of a timescale for starting an operation but not (except for temporary permissions), a timescale for completion. However, the inconvenience caused to residents by building operations may be regulated by the use of conditioiis relating to hours of operation and cleaning of the road 91
surface, and requiring the Estate developer to demonstrate how the site is to be managed during the construction phase, to minimise inconvenience to existing residents.
5.5 One point of objection relates to how the proposed development could impact on the completion of roads within the Estate. The existing planning permissions for residential development elsewhere within the Estate require the roads to be constructed to final wearing course before the last of the 172 dwellinghouses elsewhere within the Estate is occupied. These permissions operate independent of the current proposal and, therefore, this proposal will have no impact on completion of the road network.
5.6 The objectors incorrectly identify a “blast zone” for BOC. I assume they are actually referring to the consultation distance already identified above. As noted, the HSE has not recomineiided against granting planning permission for residential development on the application site area.
5.7 Only one objector has referred to the possible overlooking of his garden by the proposed new housing and this is the objector who is more distant from the site. In fact from the nearest point of the proposed new dwellinghouses to his garden, the distance is approximately 50 metres. I consider this distance will minimise any overlooking of the garden area (which could most likely only be achieved from upper level bedroom windows) and will minimise any impact on privacy.
5.8 With respect to the final point of objection not already addressed, it would have been preferable for this site to be developed in the early phases of Dalziel Park. However, in order to coinply with Council spacing standards and play area policy, all 175 dwellinghouses could not be accommodated within the main area of the Estate set aside for residential development. This, inevitably, was not clear in the early stages of the development.
6. CONCLUSION
6.1 I am satisfied that there is a reasonable basis on which to conclude that the principle of development on the application site was established through the granting of the outline planning permission and that the site has been identified on subsequently approved plans for development purposes. I am also satisfied that the 175 new build detached dwellinghouses cannot be accommodated within the main area within the Estate set aside for residential development and that, having examined the site, this is the only area which can accommodate the remaining plots. I appreciate the objectors’ concerns over coiitinued disturbance during the construction phase but I believe that this can be controlled to some extent through the imposition of conditions and, if necessary, their subsequent enforcement. In view of the above, I recommend that planning permission be granted. 92
Application No. s/oo/oo 109/FUL Date registered 8th February 2000 APPLICANT MISSES J & L HARRTSON, 6 THE CUILLINS, UDDINGSTON, G716EY Agent J F Harrison, 2 Elmwd Manor, Bothwell, G718EA DEVELOPMENT CONSTRUCTION OF CONSERVATORY LOCATION 6 THE CUILLINS, UDDINGSTON, G716EY
Ward No. 21 Grid Reference 268998 662203
File Reference S/PL/B/9/7 1( 148)/MJM
Site History Construction of extension to existing garage - granted 18th August 1999 (ref S/99/00776/FUL)
Development Plan Uddhgston & Tannochide Town Map: Residential Southern Area Local Plan (Finalised Draft) 1998: Residential
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours One letter Newspaper Advertisement Not Required
COMMENTS The applicants seek planning permission for the construction of a conservatory at the rear of their property at 6 The Cuillins, Uddingston. One letter of representation was received fiom an adjoining neighbour. The contents of the letter and my observations are outlined in my accompanying report.
RECOMMENDATION
Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
94
2. That the Eacing materials to be used for the basecourse shall match in colour and texture those of the existing adjoining building.
Reason: To ensure that the development hereby approved complements the existing adjoining dwellinghouse.
List of Background Papers
Application fom and plan dated 8/2/00 Southern Area Local Plan Finalised Draft Uddhgston and Tannochide Town Map Letter from Rosaleen Doyle, 4 The Cuillins, Uddingston received 17 February 2000
Any person wishing to inspect the above background papers should telephone Motherwell 302099 and ask for AUison Russell. 95
APPLICATION No. S/OO/00109/FUL
REPORT
1. SITE AND PROPOSAL
1.1 The application site is at 6 The Cuillins, Uddhgston. The site contains a semidetached two storey dwehghouse, detached garage and generous garden ground. The site forms part of residential atate constructed during the 1980's.
1.2 The proposal is to construct a typical conservatory (with fired)to the rear, almost on the boundary with 4 The Cuillins.
1.3 The conservatory measures approximately 12 square metres, and is just under three metres in height. Due to the proximity of the neighbouring boundary, a firedis required under the current building regulations.
2. REPRESENTATIONS
2.1 One letter of representation was received from a neighbouring householder. The points raised by the neighbour are as follows:-
(1) "I am concerned that the length of the conservatory will cause a shadowhlock light and block the view fiom our living-room".
Comment: The proposed conservatory is of a standard length (3.7 metre) and, in my opinion, there will be an insigtllscant impact on the available light reachmg the adjoining neighbour's garden. Additionally, noone is legally entitled to a view.
(2) "Our garden is already very damp and we are worried about dramage".
Comment: In cases such as this, dramage issues are not regarded as material planning conditions.
(3) "The extension is excessive for a conservatory in a short garden".
Comment: I do not consider a comewry of approximately 12 square metres to be excessive.Indeed, if it were not for the existing garage, the proposed conservatory would be permitted development.
3. PLANNING ASSESSMENT
3.1 The design, size and scale of the proposed conservatory raises no concerns, and the application is acceptable to me fiom a planning point of view.
3.2 Overall, I am satisfied with this proposal and recommend that permission be granted, notwithstanding the neighbour's objection. 96
Application No. S/00/00120/FUL Date registered 10 February 2000 APPLICANT MS C McNELLIS, 2 KILMORY TERRACE, PORT GLASGOW PA14 5PF Agent DEVELOPMENT CHANGE OF USE OF SHOP TO HOT FOOD SHOP LOCATION 124/126 MANSE ROAD, NEWMAINS
Ward No. 16 Grid Reference 282080 655933
File Reference S/PL/B/3/70/JL/AB
Site History Planning consent granted 5/10/83 for sub-division of shop to form 2 retail units and 1 office at 124 Manse Road (ref. no. 336/83) Planning permission was granted on 26/2/9 1 for alterations to shop front at 124 Manse Road (ref. no. 75/91).
Development Plan Village, Neighbourhood and Secondary Commercial Areas on Southern Area Local Plan - Finalised Draft
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours One letter of objection Newspaper Advertisement One letter of objection containing 8 signatures of petition
COMMENTS The applicant hereby seeks planning consent for the change of use of two existing, vacant shop units at 124/126 Manse Road, Newmains to form a hot food take-away and cafe. Two objection letters were received, one from the local Community Council and one letter from an existing hot food shop trader. It should be noted that a further 7 ‘hot food’ traders signed this letter intimating their objection to the application. Details of these objections and my comments thereon can be found in the accompanying report.
In traffic terms I am against the proposal due to the location of a pelican crossing immediately adjacent to the application site. The likelihood of on street parking occurring in the vicinity of the crossing and congestion at the access to the adjacent car park and other nearby accesses would, in
98
my view, be detrimental to the interests of road safety. I hereby recommend that planning consent is refused.
RECOMMENDATION Refuse, subject to the following reason:-
1. That the proposed development, due to its position on the public highway, would encourage on street parking at a pelican crossing and cause increased congestion at the access to the adjacent car park and other accesses in the vicinity, to the detriment of public safety.
List of Background Papers
Application form and plan dated 10/2/00 Southern Area Local Plan - Finalised Draft Letter dated 20/2/00 from Newmains and District Community Council, 19 1 Tiree Crescent, Newmains Letter dated 18/2/00 from Mr Anthony Kaba, 136F Manse Road, Newmains
Any person wishing to inspect the above background papers should telephone Motherwell 302 142 and ask for Mr Lennon. 99
APPLICATION NO: S/OO/OO 120RUL
REPORT
BACKGROUND AND PROPOSAL
The applicant seeks planning consent for the change of use of two existing vacant shop units to form a hot food take away and cafe at 124/126 Manse Road, Newmains.
The application site is situated within a commercial area and bounded by shops to the east and west, commercial yard to the north and Manse Road to the south.
The shop units have lain in a vacant state for a number of years and are located immediately adjacent to a pelican crossing with associated zig-zag safety lines extending across and beyond the frontage of the application site.
REPRESENTATIONS AND OBSERVATIONS
Two letters of objection were received, one from the local Community Council and one from an existing hot food shop trader. It should be noted that the latter contained an additional 7 signatures, all existing hot food shop operators. Their objections may be summarised as follows:-
- the premises are situated at a pelican crossing and, as such, would lead to traffic congestion at this location; - the granting of this application would lead to over provision of this type of premises in this immediate area which is already served by eightlnine similar types of premises within 150 yards; - the village lacks variety of shops; - Newmains is a small village with a small population and high unemployment, it therefore cannot cope with another hot food shop; - The car park adjacent to the application site is private, for the use of units 136 Manse Road.
My comments on the above objections are as follows:-
* the first objection is valid, as the application site is immediately adjacent to a pelican crossing, with the zig-zag safety lines extending across and beyond the frontage of the development site. This will in my view lead to on street parking in the vicinity of the crossing. Due to it’s location the application site would require 4 parking spaces. however, this is unachievable therefore the lack of a dedicated parking area for the hot food shop is likely to have a damaging effect on the immediate area, as on street parking will result in congestion at the access to the adjacent car park and other accesses, all to the detriment of road safety; although competition is not a valid planning concern, it is considered that any increase in the already large number of similar hot food shop uses, would lead to a proliferation of this type of development in the area, all to the detriment of the existing neighbourhood shopping area albeit that this is not a valid reason for refusal in this instance; the village does lack a variety of shops and although these premises have been vacant for some time one further food take away is unlikely to add to the vitality and viability of the centre overall; Newmains has high unemDIovment levels makes it difficult for the area to sustain a further 100
‘hot food’ shop. This is not a valid planning concern when determining this application; finally, the car park adjacent to the application site being private is not relevant, as the applicant is not in a position to create his own parking requirement at this particularly dangerous location on Manse Road.
3. CONCLUSIONS
3.1 Whilst I would normally welcome vacant shop units being brought back into productive use, I feel that in this particular instance, the increased traffic, and likely increase in on street and congestion parking generally far outweighs the benefits of bringing redundant shops back into use. I also consider that the proliferation of this type of use in this area is becoming an increasingly common occurrence. However, I take the view, that this is not a reason to refuse planning consent in this instance. I hereby recommend that planning consent is refused.