PLANNING APPLICATIONS COMMITTEE

Report by Executive Director of Development and Regeneration Services

Contact: Mr K McCormack Phone: 0141 287 8443

APPLICATION TYPE Outline Planning Permission

RECOMMENDATION Grant Subject to Condition(s)

APPLICATION 08/00557/DC DATE VALID 09.04.2008

SITE ADDRESS Site Bounded By London Road/St Andrews Lane/Moir Street/ Gallowgate

PROPOSAL Erection of mixed use development comprising residential and commercial units including shops, restaurants and offices, formation of public realm areas, associated car parking and amenity space (Outline)

APPLICANT Strathcarron Estates Ltd AGENT DMD 34 Argyll Arcade Per Deirdre McDermott Glasgow 9 Poolbeg Street G2 8BD Dublin 2 Ireland

WARD NO(S) 09, Calton COMMUNITY 02_037, Calton/Bridgeton COUNCIL

CONSERVATION LISTED

AREA

ADVERT TYPE Bad Neighbour Development PUBLISHED 18 April 2008

Affecting Setting of Listed Building

CITY PLAN Residential

REPRESENTATIONS/ CONSULTATIONS

Land and Environmental Services (Environmental Health) - No objection; conditions.

DRS Transport Planning - No objection; conditions.

Strathclyde Partnership for Transport (SPT) - No objection; condition/comments provided.

Scottish Water - No objection.

Scottish Environment Protection Agency (SEPA) - No objection; conditions.

West of Archaeology Service (WOSAS) - No objections; condition.

Network Rail - No objection; comments provided.

The application was advertised in the Evening Times on 18 April 2008 and has generated 2 letters of representation. The grounds of concern can be summarised as follows: PAGE 2 08/00557/DC

1. Proposed development will exacerbate traffic congestion, pollution from exhaust emissions and parking and access problems.

2. The development will significantly impact on quality of life of residents on the east side of Moir Street in terms of traffic, pollution and noise.

3. The development will cut out significant amount of natural daylight/overshadowing to residents of the Monument development (east side of Moir Street) by virtue of its close proximity and the fact that in having 8 floors, it will almost be twice the height of the Monument development.

4. Disturbance during construction.

5. Loss of trees/greenspace at Moir Street with junction of Gallowgate.

In addition to the letters received from third parties, Councillor Alison Thewliss (Ward 9: Calton) in correspondence dated 15th May 2008 wishes her concerns about the scale and massing of the development to be noted.

SITE AND DESCRIPTION

Outline planning permission is sought for a mixed residential and commercial development at a wedge-shaped site bounded by Gallowgate to the north, Moir Street to the east, St Andrews Lane (also known locally as “Schipka Pass”) to the west and London Road to the south near the Barrowland district of the east end of the City and in close proximity to the Merchant City. St Andrews Lane is flanked on its west side by an elevated railway line beyond which lies the Mercat Building at . The railway line is used infrequently but its route adjacent to the site would form part of the city’s project if implemented which would result in a substantial increase in rail traffic using the line.

According to the planning application forms submitted, the application site extends to some 7836.7 square metres and is situated between the busy roads of Gallowgate and London Road which function as a major east- west arterial route into and out of the City Centre. The site is on the whole part derelict with some single storey shops still in operation on Gallowgate behind which lies a derelict area of land and there is a vacant public house on London Road (formerly the “Welcome Inn”) with adjacent vacant shop units. The site was once occupied with traditional Glasgow tenement buildings with residential flats over ground floor commercial units. The flats on the upper levels have since been demolished and only parts of the commercial units remain at ground floor level. It is understood that some basic environmental improvements (turfing/grass seeding and limited tree planting) were undertaken in the 1980s to the resulting gap site on Moir Street between London Road and Gallowgate as part of the Glasgow Eastern Area Renewal (GEAR) project. At that time it was envisaged that the improvements to the visual quality of the area would make such sites more attractive for redevelopment. There has been limited market interest in this land until this time.

Indicative drawings have been submitted to support this outline planning application to show how the site could possibly be redeveloped for mixed use purposes (residential, shops/coffee shops, offices, restaurants). These show one possible scenario and are submitted for informative purposes only. The indicative drawings illustrate two urban blocks with a public piazza between providing new public open space for the city and linking Gallowgate to London Road in terms of pedestrian movement and permeability. Green roofs and solar panels are intended to be included in this development to promote an environmentally sustainable regeneration project.

The indicative drawings show 323 residential units (providing a mix of 1, 2 and 3 bedroom units) over the commercial units. Communal garden space (in a backcourt style) is shown on an amenity deck above the ground floor commercial space. Residents’ storage space is also shown on the ground floor to the rear of the commercial units. The informative drawings show two 9-storey blocks along Gallowgate linked with a bridging element to create a pend detail through to the public piazza. This indicative massing continues around the corner formed with Moir Street before dropping to a 7-storey block at the southern end of Moir Street. Along this frontage there is a similar pend detail to link the 9 and 7-storey blocks below which is the vehicular entrance to the subterranean car park. This 7-storey form continues westwards along London Road before gradually stepping up from 8 to 9-storeys at a new square to be formed to the rear of the Mercat Building facilitating a potential new rail station which is being investigated by SPT as part of the Crossrail feasibility project. PAGE 3 08/00557/DC

Vehicular access is proposed to be taken from Moir Street and will lead to an underground car park with potential capacity for some 221 spaces located below the commercial units. Whist recognising this is an outline application at this stage, the developer understands that flats that are not allocated a car parking space will require to be marketed as ‘car free’ taking cognisance of the location of the site being annexed to the City Centre and benefiting from high public transport accessibility. There is also provision indicated for bicycle storage.

Approximately 2432 square metres of ground floor commercial space is shown on the indicative layout in 19 separate units. Potential uses for these units include class 1 retail shops, class 2 financial, professional and other services, class 3 cafes/restaurants and modest class 4 office space.

In support of the proposal, the applicant has lodged supplementary statements which examine likely noise and vibration impact from rail traffic; the geotechnical examination of ground conditions; a traffic assessment, flood risk assessment; and a planning/urban design statement/analysis.

POLICIES

Glasgow and the Clyde Valley Joint Structure Plan 2000

Strategic Policy 4

Glasgow City Plan 2003

• DEV 1 Residential Development Policy Principle • RES 1 Residential Density • RES 2 Residential Site Layouts • RES 3 Residential Greenspace Standards • RES 16 Bin Stores • TRANS 1 Transport Route Reservations • TRANS 4 Vehicle Parking Standards • TRANS 6 Cycle Parking Standards • DES 1 Reinforcing Local Character and Identity • DES 2 Urban Design • DES 3 Building Design and Materials • HER 2 Listed Buildings (Buildings of Architectural and Historic Importance) • ENV 3 Flood Prevention and Land Drainage

ASSESSMENT AND CONCLUSIONS

Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that where an application is made under the Planning Acts, it shall be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan comprises the Glasgow and the Clyde Valley Joint Structure Plan (Approved 2000, as amended) and the Glasgow City Plan (Adopted 2003).

The principal planning issues to be addressed with respect to this application are considered to be:-

1. whether the proposals are appropriate in land use planning terms having regard to the provisions of the statutory Development Plan; and

2. whether any consultations/representations received are relevant to the assessment of the proposals as material planning considerations.

In respect of point 1 above:

The Glasgow and the Clyde Valley Joint Structure Plan: PAGE 4 08/00557/DC

Strategic Policy 4

Strategic Policy 4 of the Structure Plan supports the development of a number of strategic transport schemes and requires that additional committed and uncommitted road and rail schemes are investigated and confirmed through the development plan. The site is in the location of the protected (under policy TRANS 1 of the City Plan) reservation route for Glasgow Crossrail’s Glasgow Cross station. Cognisance of the importance of this has been taken by the developer in the indicative drawings prepared following consultation with SPT. A planning condition can safeguard this policy requirement in terms of this outline planning application. The reserved matters submission will require this requirement to be fully addressed in close consultation with the interested parties. Given the foregoing the application accords with this strategic policy’s aims.

The Glasgow City Plan:

Development Policy Principle DEV 2:

The subjects are covered by a residential land use designation; Development Policy Principle DEV 2 in the adopted Glasgow City Plan. The area’s designated ‘residential’ are the City’s housing districts. In addition to housing they include facilities such as schools, local shops, public buildings, small businesses, light industry, local community, health, social and recreational facilities and local greenspaces. In considering development proposals, the Council will seek to preserve and enhance residential amenity, particularly in respect of townscape, landscape and greenspace provision. The proposed development is compatible in land-use planning terms with the area’s residential designation.

RES 1 Residential Density:

This policy sets out varying criteria for residential density across the city. The site falls within an area of high accessibility where no maximum density is prescribed. In these cases, density is determined by an appropriate scale of built form providing good residential amenity. This application is for outline planning permission and the density of the residential component of the development is an issue for assessment at the reserved matters stage. There is no reason to doubt that an acceptable scheme cannot be delivered at that time. In these terms, there is no conflict with policy.

RES 2 Residential Site Layouts:

This policy sets out the criteria for standards in new housing developments including privacy and aspect. This application is for outline planning permission and the residential site layout of the development is an issue for assessment at the reserved matters stage. There is no reason to doubt that an acceptable scheme cannot be delivered at that time. In these terms, there is no conflict with policy.

However, it is worth noting that based on the indicative drawings submitted for informative purposes only, there are no window-to-window distance failures, no overlooking or privacy problems on street frontages and care has been taken to consider amenity decks for private amenity space as well as new public spaces. Most units appear to enjoy dual aspect and all of the flats enjoy principal aspect to the surrounding public streets to draw visual amenity which is sound land-use planning practice and due care has been taken in the indicative design of the residential floorplans to locate kitchens and bathrooms where there are decked-access arrangements, beyond which there is good prospect towards the landscaped amenity deck. The indicative layout provides a range of one, two and three bedroom apartment units ranging in size and layout aimed at the emerging market for City. Communal and commercial services are provided between the respective uses with the ground floor commercial units providing an effective privacy buffer between the street and first floor residential accommodation and creating active ground floor land uses which is commendable.

As a result of the close proximity of busy roads and an elevated railway line adjacent, details of an earlier assessment of noise and vibration from road and rail traffic were lodged with the application. This concluded that noise from both sources can be mitigated by a good quality acoustic glazing specification for windows and the incorporation of a vibration isolation layer in the new buildings’ foundations. This study does not deal with projected increases in rail traffic associated with the Crossrail project and, accordingly, conditions are recommended that establish limits on noise levels within dwellings caused by road and rail traffic and require further studies on projected rail traffic noise and vibration associated with Crossrail. PAGE 5 08/00557/DC

RES 3 Residential Greenspace Standards:

This application is for outline planning permission and the residential greenspace standards of the residential component of the development is an issue for assessment at the reserved matters stage. The applicant is fully aware of this. There is no reason to doubt that an acceptable scheme cannot be delivered at that time. In these terms, there is no conflict with policy. Any future financial contribution requires to be the subject of a legal agreement under Section 69 of the Local Government (Scotland) Act 1973 and as normal is a prerequisite to a reserved matters/full planning permission being issued.

RES 16 Bin Stores:

This policy sets out the standards for refuse collection. This application is for outline planning permission and the refuse standards for the development is an issue for assessment at the reserved matters stage. The applicant is fully aware of this. There is no reason to doubt that an acceptable scheme cannot be delivered at that time. In these terms, there is no conflict with policy.

TRANS 1 Transport Route Reservations:

This policy seeks to protect the City’s resources for the improvement of the public transport system serving the metropolitan area which include existing transport routes and former routes. The site is in the location of the protected (under this policy) reservation route for Glasgow Crossrail’s Glasgow Cross station. At this time the detailed design of the station/platform has not yet been determined and the scheme will be subject to planning permission in the future should the scheme secure government backing with associated financial support. In accordance with this policy this requirement should be safeguarded and the developer is fully aware of this constraint of future site development. The developer has been in consultation with SPT and the indicative drawings show development exclusion zones to account for Crossrail. A planning condition can safeguard this policy requirement in terms of this outline planning application. The reserved matters submission will require this requirement to be fully addressed in close consultation with the interested parties. As such there is no conflict with policy TRANS 1.

TRANS 4 Vehicle Parking Standards:

This policy sets out the parking standards for residential developments which would normally require the provision of at least one space per dwelling. The site is located adjacent to the city centre in an area of high accessibility in terms of public transport. The indicative drawings show 68% provision for the use of residents. The Council’s Local Transport Strategy, approved in March 2007, updates residential parking controls and requires the provision of at least one off-road car parking space for each dwelling created except for developments within and at least 100 metres from the boundary of a controlled or restricted parking zone. The application site lies within a controlled parking zone at a location more than 100 metres from its boundary. In these terms, a reduced parking ratio may be considered acceptable. DRS Transport Planning have offered no objection to the indicative level of parking being proposed in principle. The reserved matters application will analyse the issue in greater detail.

TRANS 6 Cycle Parking Standards:

This policy sets out the standards for cycle parking in new developments. This application is for outline planning permission and this is an issue for assessment at the reserved matters stage. The applicant is fully aware of this and has shown provision on informative drawings. There is no reason to doubt that an acceptable scheme cannot be delivered at that time. In these terms, there is no conflict with policy.

DES 1 Reinforcing Local Character, DES 2 Urban Design, DES 3 Building Design and Materials:

The proposed re-development of this site is to be generally supported. The current state of the site does not create a positive image for the area with low grade commercial units and poor environmental appearance. The indicative drawings show potential massing for future development and built-form but do not explore the potential architectural language or proposed materials. This application is for outline planning permission and the detailed design of buildings will be an issue for assessment at the reserved matters stage. The applicant is fully aware of this and a detailed design statement will be required to justify the proposals in terms of the established townscape character of the area. There is no reason to doubt that an acceptable scheme cannot be delivered at that time. In these terms, there is no conflict with policy. PAGE 6 08/00557/DC

ENV 3 Flood Prevention and Land Drainage:

This policy seeks to ensure development proposals meet the Council’s standards for flood prevention and sustainable site drainage. The applicant has commissioned a flood risk assessment in support of the proposals to demonstrate that there is no risk statistically to the proposed housing from the Molendinar culvert either upstream or downstream. A planning condition can be imposed by the City Council to require that at the reserved matters stage, sustainable urban drainage systems (SUDS) are integral to site drainage and any watercourse issues are addressed fully prior to work commencing on-site.

In respect of point 2 above:

Land and Environmental Services (Environmental Health) recommend approval subject to conditions relating to contamination, noise, lighting and refuse. These conditions have been attached.

DRS Transport Planning recommend approval subject to conditions relating to Crossrail, access, footways parking, servicing and cycle parking. These conditions have been attached.

Strathclyde Partnership for Transport (SPT) have no objections subject to a safeguarding condition relating to the accommodation for Crossrail to be allowed for in future site development. A suitably worded condition is attached.

Scottish Water offer no objections.

Scottish Environment Protection Agency (SEPA) offer no objections subject to conditions relating to drainage and flood risk. These conditions are attached.

West of Scotland Archaeology Service (WOSAS) have no objections subject to a condition requiring a programme of archaeological works. This condition is attached.

Network Rail offer no objections. Advisory notes are attached making the developer aware of the requirements of this body.

The application was advertised in the Evening Times on 18 April 2008 and generated two letters of representation. The grounds of concern are addressed as follows.

1. Proposed development will exacerbate traffic congestion, pollution from exhaust emissions and parking and access problems.

Comment:

Transport Planning colleagues have not substantiated the claims regarding traffic and have recommended the application is granted subject to conditions which have been attached accordingly. Land and Environmental Services – Environmental Health have not substantiated the claims regarding pollution and have recommended the proposal is granted subject to conditions which have been attached. The indicative drawings show a potentially reduced level of parking (given the location of the site being annexed to the city centre and highly accessible by public transport means) which will assist with perceived issues relating to traffic, pollution and parking. An air quality assessment can be required at the reserved matters stage once final dwelling numbers, commercial floorspaces and parking levels have been decided upon by the developer. However, the site is located in a dense urban environment where some levels of pollution and noise are to be expected.

The proposed mix of uses (residential, restaurants/cafes, office and retail) is compatible with the character of the surrounding area and is not likely to cause material disturbance by way of noise or introduce significant pollution to the area. The indicative drawings also show provision for safeguarding of the Crossrail project and considerable bicycle parking. Both of these will promote alternative and sustainable means of transport to and from the site which is directly adjacent to the City Centre’s considerable amenities offered. PAGE 7 08/00557/DC

2. The development will significantly impact on quality of life of residents on the east side of Moir Street in terms of traffic, pollution and noise.

Comment:

Transport Planning colleagues have not substantiated the claims regarding traffic and have recommended the application is granted subject to conditions which have been attached accordingly. Land and Environmental Services – Environmental Health have not substantiated the claims regarding pollution and have recommended the proposal is granted subject to conditions which have been attached. The indicative drawings show a potentially reduced level of parking (given the location of the site being annexed to the city centre and highly accessible by public transport means) which will assist with perceived issues relating to traffic, pollution and parking. An air quality assessment can be required at the reserved matters stage once final dwelling numbers, commercial floorspaces and parking levels have been decided upon by the developer. However, the site is located in a dense urban environment where some levels of pollution and noise are to be expected. The proposed mix of uses (residential, restaurants/cafes, office and retail) is compatible with the character of the surrounding area and is not likely to cause material disturbance by way of noise or introduce significant pollution to the area. The indicative drawings also show provision for the safeguarding of the Crossrail project and considerable bicycle storage. Both of these will promote alternative and sustainable means of transport to and from the site which is directly adjacent to the City Centre’s considerable amenities offered.

3. The development will cut out significant amount of natural daylight/overshadowing to residents of the Monument development (east side of Moir Street) by virtue of its close proximity and the fact that in having 8 floors, it will almost be twice the height of the Monument development.

Comment:

The reserved matters stage will consider details of the siting, design and external appearance of the building(s) and the impact on existing buildings in the area. The indicative drawings show 9-storeys on Gallowgate and a section of Moir Street which then reduces to 7-storeys on Moir Street. The agent has considered the distances between buildings in terms of City Plan policy and opines that the proposed development will not result in a significant reduction of natural daylight/overshadowing to the flats on the eastern side of Moir Street. It should be noted that the Monument building is 8-storeys (7 with an additional penthouse level) on the corner of Gallowgate and Moir Street before dropping to 5-storeys on Moir Street and then rising again to 7-storeys at the corner formed with London Road. The reserved matters stage will consider details of the siting, design and external appearance of the building(s) and the impact on existing buildings in the area. A sunlight/daylight impact assessment can be required at that stage.

4. Disturbance during construction

Comment:

Noise and disturbance is inevitable during construction work and is relatively short-term in its nature and as such is not a reason to preclude development proposals.

5. Loss of trees/greenspace at Moir Street with junction of Gallowgate

Comment:

This site is not identified in the statutory development plan as an area of greenspace. It is understood that some basic environmental improvements (turfing/grass seeding and limited tree planting) were undertaken in the 1980s to the resulting gap site on the Moir Street between London Road and Gallowgate as part of the Glasgow Eastern Area Renewal (GEAR) project. At that time it was envisaged that the improvements to the visual quality of the area would make such sites more attractive for redevelopment. The trees themselves are not protected and are considered to have limited amenity value. The indicative drawings submitted show provision for new public realm (both hard and soft landscaping) and conditions can be attached to require these issues to be fully explored at the reserved matters stage.

The concern of Councillor Thewliss is duly noted and has been addressed in the body of this report to Committee. PAGE 8 08/00557/DC

In conclusion, the proposal is acceptable in land-use planning terms, having regard to the provisions of the Development Plan. The redevelopment of this site will assist in re-establishing the strong former urban scale at this site which has become physically run-down in recent years. Active ground floor commercial floorspace will serve to increase the vitality and viability of the locale and should be supported. Furthermore, the proposed development will, through good urban design at the reserved matters stage, make a positive contribution to the character and appearance of this transitional quarter of the City and will aid the consolidation of the Barras area reconnecting it to Glasgow Cross (assisting in the continuing efforts of the Planning Authority to lead regeneration of the successful Merchant City and the east-end of the City).

The third party representations received have been taken fully into account but in this case would not outweigh the terms of the statutory development plan. At the reserved matters stage, details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site will be assessed in accordance with the statutory development plan unless material considerations indicate otherwise. Neighbour notification will require to be executed again as part of this future submission and any representations duly considered by the City Council.

On the basis of the foregoing information, it is recommended that outline planning permission be granted subject to the following planning conditions.

CONDITIONS AND REASONS

01. Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and the landscaping of the site (hereinafter called the reserved matters) shall be obtained in writing from the Planning Authority prior to the start of any work on site. All reserved matters to be submitted for approval within three years of the date of this permission.

Reason: In compliance with Section 59 of the Town and Country Planning (Scotland) Act 1997.

02. The indicative drawings submitted are not approved.

Reason: The details shown on the indicative drawings are not regarded as necessarily the only or best solution for the development of this site.

03. The reserved matters application(s) shall be accompanied by:-

- A design statement providing an explanation of the rationale behind the design and a detailed justification of the proposals demonstrating that the Council's urban design criteria (as outlined in the development plan) have been met. The final design should respect the established townscape character of the area and in particular take cognisance of the setting of the 'B' Listed Mercat Building, the curvature of Gallowgate and established building lines and the massing of surrounding buildings.

- An air quality assessment making reference to the standards and objectives of the National Air Quality Strategy. Should an adverse impact on residents be identified, mitigation measures shall be identified for the consideration and approval of the Planning Authority.

- Detailed design guides for the ground floor commercial units including common external appearance, signage zones/standards, security measures and provision for internal ventilation ducting.

- An updated Transport Assessment based on final numbers of dwellings and commercial floorpspace proposed.

- Details of all proposed surface water drainage, an updated Flood Risk and Drainage Impact Assessment (based on final numbers of dwellings, commercial floorpspace/public realm/finished floor levels etc) or any other matters relating to flooding issues associated with any watercourses and the proposed development. The drainage details shall:- PAGE 9 08/00557/DC

• Demonstrate an appropriate level of post development run off for flood control purposes.

• Certify confirmation that Scottish Water are satisfied with the accuracy of the proposed drainage model.

• Identify appropriate proposed level of freeboard and demonstration that overland flow pathway is the most appropriate flood management option or identify alternative solutions.

• Identify whether a culvert no build zone is required and if so the appropriate sizing.

- A sunlight/daylight assessment in terms of the proposed and existing dwellings.

- Plans (including cross-sections through the site) showing existing and proposed ground levels (at 0.5m intervals) and finished floor levels certified as accurate.

- Detailed proposals for the public realm including street furniture, surfacing, landscaping and public art.

- Details of the servicing arrangements for the commercial units including on road loading bays.

- Details of renewable energy means to be utilised.

Reason: To enable the Planning Authority to consider this/these aspect(s) in detail.

04. The flats shall be designed and constructed so that noise from road traffic and the adjacent railway, including the likely impact from its use as part of the city's Crossrail project does not give rise to internal levels of noise with windows closed greater than 45dB(A) daytime and 35dB(A) night-time when measured as LAeqT. Details confirming how this will be achieved shall be submitted to the Planning Authority for approval in writing prior to the commencement of the development.

Reason: In order to safeguard residential amenity.

05. Provision shall be made for the parking of bicycles in Sheffield Type racks. Details, including number and location, shall be submitted to and approved by the Planning Authority prior to the commencement of works. The facilities hereby approved shall be provided before the use of the premises commences.

Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.

Reason: In the interest of the safety of the users of the premises.

06. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeology resources within the development site is undertaken in agreement with the Planning Authority and West of Scotland Archaeology Service.

Reason: In order to safeguard the discovery of any archaeological remains.

07. All footways fronting the approved development are to be reconstructed in materials conducive to the City Centre and should be successfully integrated into the design of the public realm areas being created by the developer and timescales identified for site implementation. Full design details shall be submitted to the Planning Authority for its written approval prior to the commencement of works on site and thereafter implemented in the agreed manner.

Reason: To ensure that the proposed development conforms to the standards approved by the Council in respect of developments within and adjoining the City Centre. PAGE 10 08/00557/DC

08. Before any work on the site is begun, a scheme of landscaping shall be submitted to and approved in writing by the planning authority. The scheme shall include hard and soft landscaping works, boundary treatment(s), details of trees and other features which are to be retained, and a programme for the implementation/phasing of the landscaping in relation to the construction of the development.

Reason: To ensure that the landscaping of the site contributes to the landscape quality and biodiversity of the area.

09. All landscaping, including planting, seeding and hard landscaping, shall be completed in accordance with the approved scheme.

Reason: To ensure that the landscaping of the site contributes to the landscape quality and biodiversity of the area.

10. Any trees or plants which die, are removed or become seriously damaged or diseased within a period of five years from the completion of the development shall be replaced in the next planting season with others of similar size and species.

Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area.

11. Before any work on the site is begun, a maintenance schedule for the landscaping scheme/open space, and details of maintenance arrangements, including the responsibilities of relevant parties, shall be submitted to and approved in writing by the planning authority.

Reason: To ensure the continued contribution of the landscaping scheme/open space to the landscape quality and biodiversity of the area.

12. A noise and vibration survey of the impact on the development from railway traffic, including the projected impact from Crossrail use of the railway line, shall be carried out by a method agreed by the Planning Authority prior to construction works on site. A scheme of mitigation measures shall be detailed which demonstrates that the construction and design of any dwelling is such that:

(i) it will not be adversely affected by excessive magnitudes of vibration from rail traffic movements as detailed in BS6472:1984 "Evaluation of Human Exposure to Vibration in Buildings, (1 Hertz to 80 Hertz)"; and

(ii) internal levels of noise within dwellings with windows closed shall be no greater than 45dB(A) daytime and 35dB(A) night-time when measured as LAeqT.

The scheme shall be approved in writing prior to the commencement of works. All works which form part of the approved scheme shall be completed before any of the dwellings hereby approved are occupied.

Reason: In order to protect the residential amenity of the development and to ensure that no dwellings are erected in a position which exposes them to unacceptable levels of noise and/or vibration.

13. The ground floor commercial units shall only be used for purposes within classes 1 (Shops), 2 (Financial, Professional and other services), 3 (Food and Drink) and 4 (Business) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 or in any provision equivalent to such Classes in any statutory instrument revoking and re-enacting that Order. The developer shall inform the Planning Authority in writing of the implementation of the original use of each commercial unit. Subsequent changes of use not permitted by the above order (or equivalent) shall be the subject of a planning application for the consideration of the Planning Authority.

Reason: To enable the use to be adequately controlled and to remain compatible with the character of the surrounding area. PAGE 11 08/00557/DC

14. Details of the hours of operation of the ground floor commercial units shall be submitted at the reserved matter stage.

Reason: To enable the use to be adequately controlled and to remain compatible with the character of the surrounding area.

15. No solid roller shutters or projecting roller shutter housings shall be included in the development.

Reason: In order that the works do not detract from the appearance of the building.

Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.

16. Access to the site shall be by means of a footway crossing designed in accordance with figure 10.18 of the Glasgow City Council Roads Development Guide.

Reason: In the interest of traffic safety and to safeguard the amenity of the surrounding area.

17. An architecturally designed lighting scheme consistent with the aims and objectives of Glasgow City Council's Approved Lighting Strategy - 'Glasgow City of Light' shall be incorporated into the design of the buildings and surrounding public realm. Details shall be submitted to and approved in writing by the Planning Authority prior to the commencement works on site. Any future decorative lighting scheme must satisfy the requirements of the BAA governing the installation of external lighting.

Reason: To enhance the image, appearance and safety of this location.

18. The approval of reserved matters covering the residential component(s) shall be subject to the provisions of City Plan Policy RES 3 'Residential Greenspace Standards'.

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

19. Car parking provision shall accord with the requirements of Policy TRANS 4 of Glasgow City Plan unless otherwise agreed in writing by the Planning Authority. Residential dwellings without an allocated car parking space should be clearly marketed as 'car free'.

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

20. No construction work shall take place on site until a series of tests for ground contamination have been carried out in accordance with a method approved by the Planning Authority and the recommendations published by the Department of the Environment. No construction work shall be started until remedial work considered necessary by the Planning Authority as a result of these tests has been carried out and the ground has been made safe.

Reason: To ensure the ground is suitable for the proposed development.

21. Disposal of Cooking Odours/Fumes

(a) All cooking smells, noxious fumes or vapours from the premises shall be disposed of by means of a suitable duct carried up internally through the building and terminating at a point 1 metre above eaves level. The duct shall be free from any obstruction such as a plate, cowl, or cap or any other deflection at its termination point.

(b) A ventilation and filtration system incorporating at least the following elements shall be installed and operational prior to the start of the use hereby approved. The elements to be included are:

(i) Canopies - A suitable canopy (or canopies) shall be located above all cooking appliances.

(ii) Air Flow - The canopy face velocity shall be not less than 0.5 m/s.

(iii) Primary Grease Filtration - Labyrinth (baffle) grease filters shall be installed within the canopy or canopies. PAGE 12 08/00557/DC

(iv) Air Input - A suitable air input system shall be provided by means of a pleated inlet filter, supplying clean filtered air equivalent to at least 80% 'make-up' of the extracted air.

(c) A maintenance and management scheme for the ventilation and filtration systems including all aspects referred to in (a) and (b) above shall be submitted to, and shall be approved in writing by, the Planning Authority prior to the commencement of the use hereby approved and shall thereafter be implemented as approved.

(d) Mechanical and electrical installations shall be suitably arranged to ensure that the ventilation system is in operation during periods when the premises are open for the preparation and/or cooking of food.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

22. Noise from or associated with the completed development (the building and fixed plant) shall not give rise to a noise level, assessed with windows closed, within any dwelling or noise sensitive building in excess of that equivalent to Noise Rating Curve (NRC) 35 between the hours of 0700 hours and 2200 hours and Noise Rating Curve (NRC) 25 at all other times.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

23. All mechanical ventilation and air conditioning plant shall be suitably isolated from the structure of the building and fan units positioned in a ducted system shall be isolated from the ducting by means of flexible connections.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

24. To minimise structure borne noise or vibration, lifts and/or hoists, including doors, guide rails and ancillary plant and machinery shall be suitably isolated from the structure of the building.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

25. Light from the use of the facility shall not give rise to:

a) An "Upward Waste Light Ratio" (maximum permitted percentage of luminaire lux that goes directly to the sky) in excess of 15%

b) A "Light Into Windows" measurement in excess of 10Ev (lux). (Ev is the vertical luminance in lux.)

c) A "Source Intensity" measurement in excess of 100 Kcd (kilocandela). (Source Intensity applies to each source in the potentially obtrusive direction out of the area being lit.)

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

26. A noise assessment to demonstrate the impact of noise from commercial premises in the proposed development on residential premises in the vicinity, including those within the proposed development, shall be carried out by a method agreed with the Planning Authority and shall be submitted to and approved by the Planning Authority prior to the commencement of any works on site. Should the assessment predict an adverse impact on residential/noise sensitive premises, appropriate mitigation measures should be identified. Thereafter the approved details shall be implemented in full.

Reason: In order to safeguard the property itself and the amenity of the surrounding area.

27. The reserved matters submission shall fully accommodate the potential for construction of a ticket office serving the southbound platform for a future Glasgow Cross station as part of the Crossrail project, including all associated works and access at St Andrew's Lane. This may have implications for the design of any proposed building and public realm at this part of the site.

Reason: To safeguard provision for Crossrail and to comply with City Plan policy TRANS1. PAGE 13 08/00557/DC

28. All car parking shall be for the sole use of the occupants of the development and shall not be rented or sold to non residents.

Reason: To safeguard use of parking for users of the development only given the proximity to the City Centre.

29. The existing adopted footway widths on Gallowgate and London Road shall be maintained, with a 3m wide minimum footway provided on Moir Street.

Reason: In the interests of pedestrian safety.

30. Clear delineation, by means of flush delineation heel kerb, shall be provided between the adopted footways on Gallowgate, Moir Street and London Road and the public realm space.

Reason: In the interests of pedestrian safety.

31. No trees shall be planted on footways of Gallowgate, London Road and Moir Street.

Reason: In the interests of pedestrian safety.

Reason: In the interest of traffic safety at the locus and to ensure satisfactory traffic circulation within the site.

32. All drainage discharge of surface water to the water environment shall be in accordance with the terms of the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (as amended).

Reason: To ensure sustainable and acceptable site drainage.

ADVISORY NOTES TO APPLICANT

01. The applicant is advised to contact the West of Scotland Archaeology Service at an early stage in respect of archaeology issues.

02. The applicant is advised that in cases where car parking is not provided at a rate of 100% the dwellings not allocated a car parking space shall be marketed as 'car free'. The developer and prospective purchasers should be aware that future residents will not be eligible to purchase a residents on-road parking permit.

03. The applicant is advised to liaise with the Planning Authority during the preparation of the submission for approval of reserved matters.

04. The applicant is advised to contact Land and Environmental Services (Roads) regarding any current waiting, loading and parking restriction on the existing street network to ensure that the proposed bin stores can be properly accessed by Cleansing Services and the commercial units can be serviced. DRS Transport Planning advise that any alteration to the existing Traffic Regulation Order (TRO) will be fully recharged to the developer.

05. Any proposed temporary barricade should be fitted with wooden fillets to prevent fly-posting. The barricade should be painted and maintained in good condition for the duration of its use.

06. Any advertisement, other than that deemed within the terms of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, to be the subject of an application for express consent.

07. The developer is reminded of their responsibility to ascertain whether or not a stopping-up order is required for St Andrew’s Lane under the terms of the Town and Country Planning (Scotland) Act 1997. PAGE 14 08/00557/DC

08. It is recommended that the applicant should consult with Land and Environmental Services (Roads) at an early stage concerning this proposal, in respect of legislation administered by that Department which is likely to affect this development.

09. The applicant should consult Scottish Water concerning this proposal in respect of legislation administered by that organisation which is likely to affect this development. In particular, sustainable drainage systems (SUDS) should be designed and constructed in accordance with the vestment standards contained in "Sewers for Scotland", 2nd edition 2007.

The applicant is advised that, where drainage systems including SUDS are not vested in Scottish Water, it is the applicant’s/developer’s responsibility to maintain those systems in perpetuity or to make legal arrangements for such maintenance.

10. It is recommended that the applicant should consult with Land and Environmental Services (Environmental Health) concerning this proposal in respect of legislation administered by that Department which is likely to affect this development.

11. Although there is a possibility of contamination on all or part of the application site, the Planning Authority has determined the application only on the basis of information available to it. This does not mean that the land is free from contamination and responsibility for safe development and secure occupancy of the site rests with the developer.

12. It is recommended that the applicant should consult with Strathclyde Fire Brigade concerning this proposal in respect of legislation administered by that body which is likely to affect this development.

13. The applicants are reminded of the following policies of Land and Environmental Services (Cleansing):

REFUSE CONTAINMENT

It is the responsibility of the developer/owner to purchase the agreed means of refuse containment.

WHEELED BIN REFUSE COLLECTION

Where the developer is planning a wheeled bin method of refuse containment and collection, the conditions governing this system must be complied with, ie that the wheeled bin is presented at/and collected from, the agreed location (kerb side, air space etc) on the advised day of refuse collection by the owner/tenant/caretaker etc.

14. The applicant is advised that the granting of planning permission does not remove him/her from the requirement to obtain the consent of adjacent landowners in respect of any access required to build, or maintain, this approved development. Such consent should be obtained prior to the commencement of works on site.

15. The primary responsibility for safeguarding land or property against flooding remains with the owner. Approval of this application does not imply the absence of flood risk. Development at risk of flooding may face difficulties with the cost or availability of insurance and the applicant may wish to seek the views of insurers at an early stage.

16. The applicant is advised to consider registering the site with the Considerate Constructors Scheme, which aims to improve the image of the construction industry. For further details, please contact the scheme directly. Considerate Constructors Scheme, PO Box 75, Ware, Hertfordshire SG12 0YX Telephone: 01920 485959 Fax: 01920 485958 Free phone: 0800 7831423 www.ccscheme.org.uk email:[email protected]

17. Construction and/or demolition work associated with this development should conform to the recommendations/standards laid down in BS5228 Part 1: 1997 "Noise and Vibration Control on Construction and Open Sites". Best Practicable Means as defined in Section 72 of the Control of Pollution Act 1974 should be employed at all times to ensure noise levels are kept to a minimum. PAGE 15 08/00557/DC

18. Network Rail advise:

- All surface or foul water arising from the proposed works must be collected and diverted away from Network Rail Property.

- Any work which limits access to Network Rail land or structures will require the approval of Network Rail.

- Security of the railway boundary will require to be maintained at all times. If the works require temporary or permanent alterations to the mutual boundary the applicant must contact the Outside Parties' Engineer.

- If not already in place, the Developer must provide a suitable trespass-proof fence (of at least 1.8m in height) adjacent to Network Rail's boundary and make provision for its future maintenance and renewal. Network Rail's existing boundary must not be removed or damaged.

- Where trees/shrubs are to be planted adjacent to the railway boundary, these should be positioned at a minimum distance from the boundary which is greater than their predicted mature height. Certain broad leaf deciduous species should not be planted adjacent to the railway boundary. The approval of any landscaping scheme adjacent to the railway should be agreed with Network Rail.

- Where new lighting is to be erected adjacent to the operational railway, the potential for train drivers to be dazzled must be eliminated. In addition, the location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway.

- All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail's property, must at all times be carried out in a 'fail-safe' manner such that in the event of mishandling, collapse or failure, no materials or plant are capable of falling with 3.0m of the nearest rail of the adjacent railway line, or where the railway is electrified, within 3.0m of overhead electrical equipment or supports.

- Method statements may require to be submitted to Network Rail's Outside Parties' Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a 'fail-safe' manner, it will be necessary to restrict those works to periods when the railway is closed to rail traffic, ie by a 'possession' which must be booked via Network Rail's Outside Parties' Engineer and are subject to a minimum prior notice period for booking of 20 weeks.

- All changes in ground levels and the laying of foundations carried out in the vicinity of Network Rail land, buildings or structures must be designed and executed such that there is no interference with their integrity.

- If temporary works compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail.

- Consideration should be given to ensure that the construction and subsequent maintenance of proposed buildings or structures can be carried out without adversely affecting the safety of, or encroaching upon Network Rail's adjacent land, and therefore all/any building should be situated at least 2 metres from Network Rail's boundary. This will allow construction and future maintenance to be carried out from the applicant's land, thus avoiding provision and costs of railway look-out protection, supervision and other facilities necessary when working from or on railway land.

- The Developer should be aware that any development for residential use adjacent to an operational railway may result in neighbour issues arising and every endeavour by the developer in relation to adequate soundproofing should be made.

- Network Rail is required to recover all reasonable costs associated with facilitating these works. PAGE 16 08/00557/DC

19. It is recommended that noise associated with construction and demolition works in residential areas shall not occur before 0800 or after 1900 from Monday to Friday, and not before 0800 or after 1300 on Saturdays. Noise from construction or demolition works shall be inaudible at the site's perimeter on Sundays and public holidays. Land and Environmental Services should be notified of emergency works likely to create noise that will occur at these hours.

20. Prior to the installation of the lighting system, the applicant should submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person, to the Planning Authority confirming that the proposed system will satisfy the requirements of the above condition.

21. Prior to commencement of use of the facility, the applicant should, following the testing of the lighting system, submit certification from a member of the Institute of Lighting Engineers, or other suitably qualified person to the Planning Authority confirming that the system complies with its design specification.

22. In terms of Condition 27 - Crossrail, the developer is advised to open early dialogue with SPT/Network Rail/Transport Scotland to determine any land requirements etc and any associated design requirements that may need to be considered for buildings adjacent and public realm.

for Executive Director of Development and Regeneration Services DC/ KMC/fc 10/11/2008

PLEASE NOTE THE FOLLOWING:

Any Ordnance Survey mapping included within this report is provided by Glasgow City Council under licence from the Ordnance Survey in order to fulfil its public function to make available Council-held public domain information. Persons viewing this mapping should contact Ordnance Survey Copyright for advice where they wish to license Ordnance Survey mapping/map data for their own use. The OS website can be found at www.ordnancesurvey.co.uk

If accessing this report via the Internet, please note that any mapping is for illustrative purposes only and is not true to any marked scale.

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