North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

PIan ni ng Ap p Ii cat ion s for cons iderat i o n of Planning and Environment Committee

~~ ~

Committee Date : 1st November 2005

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 1 NOVEMBER 2005

Page Application No. Applicant DevelopmentlLocus Recommendation No.

30 N/05/00728/FUL Cruden Estates Ltd Residential Development (131 Grant Dwellinghouses) Former Barrwood Quarry Stirling Road Kilsyth

39 N/05/0 1466/FUL The Punch Pub Installation of Retractable Grant Company (PTL) Ltd Canopies, Jumping Jax, 40 Kilbowie Road Carbrain Cumbernauld

N/05/01502/AMD Mrs Helen Renewal of Existing Temporary Grant Sutherland Permission for Use of Rear Yard Site Visit for Vehicle Sales Requested 12 Old Gartloch Road No papers Gartcosh issued

44 C/04/01633/FUL Applewood Builders Erection of 12 Dwellinghouses at Grant Ltd Former Coal Yard, Land West of 70 Main Street, Longriggend, Airdrie

53 C/04/01883/FUL A.J. Builders Erection of 8 Flatted Grant Dwelinghouses, Associated Landscaping and Car Parking at Former Coatbridge Hotel Site, Glasgow Road, Coatbridge

58 C/05/00654/FU L Mr D Douthwaite Installation of Rear Dormer Grant (P) Window and Erection of Two Storey Triple Garage with Side Conservatory and Granny Flat and Dormer Windows on the First Floor at Rannoch House, Berrieswall Farm, Stepends Rd, Plains

62 C/05/00758/FUL Mr & Mrs Mallon Erection of Fence to Front and Grant Rear of Dwellinghouse 9 Kenmore Way Carnbroe, Coatbridge

66 C/05/01201/OUT G.T. Buildings Residential Development (In Grant (Scotland) Ltd Outline) at 406 Greengairs Road Greengairs, Airdrie

C/05/01414/FUL T-Mobile (UK) Ltd Installation of a 11.7m Grant Streetworks Monopole Site Visit & Hearing Incorporating 3 Antennas within Requested Shrouded Headframe and No papers issued Installation of Equipment Cabin, Meter Cabinet and Ancillary Development Land north east of 9 Islay Varnsdorf Way, Airdrie APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 1 NOVEMBER 2005

Page Application No. Applicant DevelopmentlLocus Recommendation No.

73 C/05/01544/FUL Derek Watt Erection of Dwellinghouse in Grant (P) Association with Agricultural Holding on Land West of Avalon, Avonhead Road, Upperton, Airdrie

80 C/05/01569/FUL Arqiva Installation of 2 Dipole Antenna Grant with Dimensions of 53m to 55m on Existing Structure at Black Hill Transmitter Station lnverdovat Farm 501 Duntilland Road Salsburgh, Shotts

S/05/00036/FUL Mr T Ferguson Erection of Flatted Housing Grant Development (One Block Site Visit & Hearing Containing Five Flats, One Block Requested Containing Four Flats) No papers issued Land At 14A Stevenston Street, Holytown Motherwell

84 S/05/00436/FUL Mrs Elizabeth Proposed Outdoor Leisure and Refuse Skelton Activity Centre Site Visit & Hearing Land west of Spindlehowe Road Requested Uddingston

101 S/05/00918/FUL D W Builders Erection of Flatted Residential Grant Development 14 Hill Street, Wishaw

109 S/05/01159/FUL Heather Gierthy & Part Change of Use of Premises Refuse Scott Penwarden to Form Dog Breeding Business Site Visit & Hearing 134 Netherton Road Requested Wishaw

115 S/05/01193/FUL Mr And Mrs G Two Storey Extension to Rear of Grant Gibson Dwellinghouse 18 Newton Drive Newmains, Wishaw

120 S/05/01224/FUL Mr Kevin Millar Erection of Detached Garage to Grant Rear of Dwellinghouse 109 Branchalfield Drive Wishaw

S/05/01290/FUL AB Construction Erection of One Two-Storey Grant (Scotland) Ltd Detached Dwellinghouse Site Visit & Hearing (Amendment to 04/01 845/FUL) Requested Plot 1, 4 Baton Road No papers issued Shotts

125 S/05/01 342/F UL Andrea Alexander Erection of Boundary Fence (Part Grant Retrospective) 24 Haughview Road Motherwell APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 1 NOVEMBER 2005

Page Application No. Applicant DevelopmentlLocus Recommendation No.

130 S/05/01366/OUT Mr RSBhopal & Mr Redevelopment of Commercial Grant H.S. Bhopal Land for Residential Purposes 350 New Edinburgh Road Bellshill

S/05/01399/FUL M. Ruthin & Erection of Rear Extension to Grant R.Williams Dwelling House Site Visit & Hearing I0Catherine Street Requested Motherwell No papers issued

136 S/05/0 43310UT Mr Brian McArdle Residential Development Grant Murrays Bar 50 - 52 Abernethyn Road Newmains, Wishaw

S/05/0 455/FUL Orange PCS Ltd Extension of an Existing Grant Telecommunications Mast and Site Visit the Installation of 3 No. Antennas, Requested 1 No. Transmission Dish, 1 No. No papers issued Equipment Cabinet and Ancillary Equipment - Unit 3 Plantation Avenue, Motherwell

143 S/05/01478/FUL Mr Horn Erection of Garage (Domestic Grant Purposes) 76 Kilmeny Crescent Wishaw

148 S/05/0149O/FUL GAP Group Erection of Industrial Unit for Use Grant as a Plant Hire Business 361 Orbiston Street Motherwell

154 S/05/01585/OUT John Nolan Use of Land for Residential Grant Purposes 33-35 Main Street, Holytown Motherwell

C/05/00654/FUL If granted, Section 75 Agreement required (restrict occupancy) C/05/01544/FUL If granted, Section 75 Agreement required (restrict occupancy) Application No: N1051007281FUL

Date Registered: 3rd May 2005

Applicant : Cruden Estates Ltd 98 Kerr Street Glasgow G40 2QP

Agent Hypostyle Architects 49 & 52 St Vincent Crescent Glasgow G3 8NG

Development: Residential Development (131 Dwellinghouses)

Location: Former Barrwood Quarry Stirling Road Kilsyth

Ward: 66 Banton And Kilsyth East Councillor Tom Barrie

Grid Reference: 272408677976

File Reference: N/05/00728/F UL

Site History: N/98/00759/FUL Erection Of Residential Development (190 Dwellings). Granted in September 1998. N/OO/O1058/AMD Alteration to House Types on Plots 1,2,18,21,32- 37,40-47,120,124-135,142,166,167,179-181 ,I83,184 Plus Changes to Road Layout and Land Formation. Granted in September 2000.

Development Plan: The site is identified for new housing in the Kilsyth Local Plan 1999.

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (Comments) Scottish Water (Objection) Scottish Natural Heritage (Com ments) West of Scotland Archaeology Service(No Objection)

Representations: 4 Representation Letters

Newspaper Advertisement: Not Required

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 ,wm LI,D%illR C>IICII P", I,,, a,,, e," ,191,111It N/05/00728/F UL Hi.3,\,l.llh w r,m 50, Fk-i"lli,"rllr Cruden Estates Ltd t Twit I N., 05:,;"I1 LIlii EPHi U LD Former Barwood Quarry Stirling Road Kilsyth TI*,,,O,i 01m11~110Pa7,,,x+,~,*2Y ,.5000 Residential Development (131 Dwellinyhouses)

";L,*,l< ,PDP:'llir >DO, *Representations 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 before and after levels shall be submitted to, and approved in writing by the Planning Authority.

Reason:ln the interests of amenity by ensuring that levels are appropriate for the site and for the general area.

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

Reason:ln the interests of amenity by ensuring that external materials are appropriate for the site and for the general area.

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

Reason:ln the interests of amenity by ensuring that fences and walls are appropriate for the site and for the general area.

5. That before the development hereby permitted starts, full details of the maintenance of the areas of fencing prohibiting public access to the upper level wildlifelnature area shall be submitted to, and approved in writing by the Planning Authority; such fencing shall be maintained to the satisfaction of the Planning Authority.

Reason:In the interests of public safety by ensuring that there is not unauthorised access to the cliff top area.

6. That before the development hereby permitted starts, a scheme of landscaping, including lochan proposals, shall be submitted to, and approved in writing by the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding, turfing and footpath link provision; (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) nature conservation habitat creation; (e) details of the phasing of these works.

Reason:ln the interests of the amenity by ensuring that landscaping is suitable for the site and the general area.

7. That within one year of the occupation of the first dwellinghouse hereby permitted (or such other timescale as is approved under condition 6), 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 two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason:ln the interests of the amenity by ensuring that landscaping is suitable for the site and the general area.

8. That before the development hereby permitted starts, a scheme, for the provision of two equipped play areas within the application site shall be submitted to, and approved in writing by the Planning Authority and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play areas; (b) details of the surface treatment of the play areas, including the location and type of safety surfaces to be installed; (c) details of the fences to be erected around the play area, (d) details of the phasing of these works.

Reason:ln the interests of residential amenity by ensuring that play area provision is appropriate for the site.

9. That before occupation of the 5th last dwellinghouse within the development hereby permitted, all the works required for the provision of the equipped play areas approved under the terms of condition 8 above shall be completed.

Reason:ln the interests of residential amenity by ensuring that play area provision is appropriate for the site.

10. That before the development hereby permitted starts, a management and maintenance scheme for landscaped areas, the lochan, flood mitigation structures, the culvert, the link footpaths and the play areas shall be submitted to, and approved in writing by the Planning Authority.

Reason:ln the interests of residential amenity by ensuring that landscaped areas, the lochan, the link footpaths and the play area are appropriately maintained.

11. That the approved footpath links to Woodside Avenue and to Burngreen Park shall be kept open at all times for public use.

Reason:ln the interests of public access by ensuring that traditional footpath routes through the site are maintained.

12. That the development proposals shall incorporate the recommendations of the submitted Flood Risk Assessment (Kaya Consulting, 22nd November 2004).

Reason:ln the interests of public safety and wellbeing by ensuring that flood risk is within acceptable lim its .

13. That prior to works commencing, full details of the location and design of the sewerage scheme shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt surface water drainage shall comply with the Scottish Environment Protection Agency (SEPA) principles of Sustainable Urban Drainage Systems (SUDS). Reason:To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

14. That the SUDS compliant surface water drainage scheme approved under Condition 13 above shall be implemented contemporaneously with the development. Following the construction of the approved SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted by the applicant to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason:To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the latest SEPA guidance.

15. That before the development hereby permitted starts written confirmation of the acceptability of the sewerage scheme shall be submitted from Scottish Water.

Reason:To safeguard the amenity of the area and to ensure that the proposed drainage scheme complies with the appropriate regulations and best practice.

16. That before the development hereby permitted starts a Construction Environmental Management Plan shall be submitted to and approved in writing by the Planning Authority: the Plan shall include measures to suppress noise, vibration and dust; measures to safeguard against pollution of the Ebroch Burn; and measures to safeguard against mud on the road.

Reason:ln the interests of public health, safety and wellbeing, and road safety.

17. That the roads, junctions, servicing arrangements and parking provision shall be designed and completed to the satisfaction of North Lanarkshire Council as Roads and Planning Authority.

Reason:ln the interests of road safety by ensuring that roads, junctions, servicing arrangements and parking provision are to an appropriate standard.

18. That no blasting shall take place without prior written notification to North Lanarkshire Council as Planning Authority.

Reason:To allow monitoring of blasting.

Background Papers:

Application form and plans received 3rd May 2005

Memo from Leisure Services received 27th September 2005 Memo from Education received 7th June 2005 Letter from Scottish Environment Protection Agency received Letter from Scottish Water received 24th May 2005 Letter from Scottish Natural Heritage received 26th May 2005 Letter from West of Scotland Archaeology Service received 8th June 2005

Letter from J K McDonald, 2 Barrwood Cottages, Stirling Road, Kilsyth, G65 OHY received 16th May 2005. Letter from Mr William Harden, 'Tigh An Abhainn', 68 Stirling Road, Kilsyth, G65 OHY received 17th May 2005. Letter from Owner/Occupier, Shimla Ridge, High Barrwood Road, Kilsyth, G65 OEE received 24th May 2005. Letter from Mr James Gall, 4 Barrwood Cottages, Stirling Road, Kilsyth, G65 OHY received 18th May 2005. Any person wishing to inspect these documents should contact Mr Martin Dean at 01236 616459. APP LICAT10 N N0. N/05/00728/F U L

REPORT

1. Description of Site and Proposal

1.I The application is for the construction of 131 dwellinghouses on a 8.7 hectare site at Barrwood Quarry, Stirling Road, Kilsyth. Planning permission was previously approved in September 1998 (N/98/00759/FUL) for the erection of 190 dwellinghouses on the main part of the current application site. Earth works commenced under the previous permission but have since halted, resulting in regular complaints concerning the disturbed condition of the site.

1.2 The application proposal is for a more conservative form of residential development and layout than that previously approved on this difficult fo;mer quarry site. Permission is being sought for 61 two storey detached dwellinghouses, 10 1 /* storey detached dwellinghouses and 60 two storey semi-detached dwellinghouses. In order to take best advantage of the sloping site certain dwellinghouses have three storey rear elevations.

1.3 The flooded quarry base will be retained as a water feature, although slightly reduced in size. A wildlifehature area is proposed for the upper cliff area (with no public access) and wildlife beaches will be formed at the waters edge on the inaccessible side of the lochan. An area of open space and a play area are proposed for part of the accessible edge of the lochan feature. A second play area is proposed at the upper section of the development.

1.4 Footpath links are proposed to High Barrwood Road and to Burngreen Park. It is proposed that the relevant section of Burngreen Park footpath will be located within the park rather than, as was previously the case, being within the Barrwood Quarry site. The proposal will allow access from the east-west running former railway line footpath to Burngreen Park without the need to detour onto Stirling Road.

1.5 Vehicular access is onto Stirling Road via a traffic light controlled junction.

I.6 The lochan will function as an integral part of the sustainable urban drainage system and will play a flood mitigation role. It will also be an attractive central feature to the site along with the imposing cliff backdrop.

1.7 The application is accompanied by a flood risk assessment and a sustainable urban drainage strategy.

2. Development Plan

2.1 The site is covered by the following policy in the Kilsyth Local Plan 1999.

HGI : Site for New Housing

2.2 The proposal accords with the Glasgow and The Clyde Valley Joint Structure Plan 2000 in that the site is an appropriately zoned urban brownfield area in which due regard has been given to sustainability, acceptable flood risk and sustainable urban drainage systems. 3. Consultations and Representations

3.1 Summaries of consultation responses are as follows:

Scottish Environment Protection Agency: SEPA objects to the original proposal for 80m of culvert but may accept the amended proposal for 40m of suitably detailed culvert. Surface drainage should comply with sustainable urban drainage systems principles. Detailed comments are submitted on the flood risk assessment and drainage assessment. It would appear that the site is not at risk from flooding. A construction management system should be submitted to ensure that there is no pollution to the Ebroch Burn during construction works.

Scottish Natural Heritage: Although the site is primarily of an urban nature SNH considers that the proposed development could have adverse impacts on locally important nature heritage interest. Nevertheless these impacts could be reduced to a satisfactory level through conditions and/or modifications. It is essential that clearance and re-grading works do not disturb protected species. No objections subject to recommended conditions.

(Scottish Natural Heritage advised conditions are not inserted into the recommended permission as the site has been cleared through the existing planning permission.)

Scottish Water: Scottish Water formally objects to this application. The objection can be deemed to be withdrawn if a condition is attached requiring that no development commence until evidence is exhibited that an agreement has been reached by the applicant with Scottish Water for the provision of a drainage scheme to serve the development.

West of Scotland Archaeological Service: There are no known archaeological issues raised by the planning application.

3.2 The Director of Education has advised that it is anticipated that Kilsyth Primary will be operating to full capacity in future years. The development would result in the Authority having to transport children to neighbouring schools with available accommodation, which would be unacceptable from an education perspective. The construction of the proposed houses will therefore lead to the Council incurring addition expenditure in extending the new schools. This would result in the Authority having to transport children to a neighbouring school with available accommodation. St Patrick’s Primary, St Maurice’s High School and Kilsyth Academy have sufficient accommodation to cope with the projected pupil increase.

(While noting the comments of the Director of Education it is recognised that this site has been zoned for new build housing for over five years and this current proposal is for significantly less dwellinghouses than were approved in 1998.)

3.3 Amended plans have been submitted addressing concerns raised by my Transportation Section. 3.4 Four letters of objection have been submitted with the following points being raised.

Traffic lights will delay traffic on Stirling Road and cause traffic queues. A roundabout is preferable. Traffic lights may be accompanied by parking restrictions. This would cause considerable inconvenience to Stirling Road residents who currently park on the public road.

Comments: It has been determined that the proposed traffic light junction meets the appropriate roads criteria and, as such, there is no justification for not allowing such a junction arrangement. It is not anticipated that there will be traffic order parking restrictions in front of any adjacent Stirling Road dwellinghouse 0 Dwellinghouses should be no higher than 11/2storey in the High Barrwood Road section of the development in order to be in keeping with existing dwellinghouses and to retain existing views.

Comments: Amended plans have been submitted with 1 storey dwellinghouses replacing the previously proposed 2 storey dwellinghouses in the south east section of the development site.

0 There will be a loss of privacy caused by windows facing onto existing High Barrwood Road properties.

Comments: Window to window distances exceed the minimum recommended 18 metres. As such it not considered that there will be any unacceptable loss of privacy.

0 Local houses have recently been flooded due to previous works on the site.

Comments: There was a serious flooding problem in late 2003 due to too small a culvert being installed as part of temporary earth works. The size of the proposed permanent culvert has been determined through the flood risk assessment and as such there should be confidence that this particular cause of recent flooding will not re-occur (subject to proper maintenance). The flood risk assessment also makes recommendations to ensure that there is no unacceptable flood risk on the site and that the flood risk will not be worsened on adjacent land. A recommended condition requires that all approved flood mitigation measures be incorporated within the development proposal.

0 No blasting of rock should be allowed. There has been previous nuisance and damage to property from blasting.

Comments: The rockhead is close to the surface of much of the application site. In order to facilitate development and to deal with many large boulders it is anticipated that some blasting may be required. Any blasting will need to comply with health and safety legislation. A recommended planning condition requires that there be written notification prior to blasting to allow for monitoring.

4. Planninn Assessment and Conclusions

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal complies with the housing development zoning in the Kilsyth Local Plan.

4.2 The principle of residential development has been established through the appropriate zoning of the site and through the previous grant of planning permission for new housing.

4.3 The layout is more conservative than the previously approved scheme but is acceptable on residential amenity and road safety grounds. Similarly the more standardised house types are acceptable. Concerns over certain house types, an excessively long stretch of culvert and footpath provision have been addressed through amended plans. A recommended planning condition requires that no work shall commence until written confirmation is submitted that the drainage scheme is acceptable to Scottish Water.

4.4 The proposed development will ensure that the temporarily abandoned site is brought back into use. Housing on this urban brownfield site will be to the economic and social benefit of Kilsyth. It is recommended that planning permission be granted. Application No: N/05/01466/FUL

Date Registered: 2nd September 2005

Applicant : The Punch Pub Company (PTL) Ltd Jubilee House Second Avenue Burton Upon Trent Staffs DE14 2WF

Agent Jane Maclver CM Design Consultants 22 Athole Gardens Glasgow G12 9BB

Development: Installation of Retractable Canopies

Location: Jumping Jax 40 Kilbowie Road Carbrain Cumbernauld G67 2PX

Ward: 60 Carbrain East Councillor William Homer

Grid Reference: 276247674020

File Reference: N/05/01466/FUL

Site History: No Applications of Relevance

Development Plan: The property is covered by Residential Policies in the adopted Cumbernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations:

Representations: 3 Representation Letters

Newspaper Advertisement: Not Required

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 canopies hereby permitted shall be fully retracted outwith the opening hours of the licensed premises.

Reason: To prevent the provision of an unsupervised sheltered area which could become a gathering place to the detriment of residential amenity.

3. That before the canopies hereby permitted are installed a scheme of improved boundary treatments, which includes provision for the prevention of pedestrian access to the curtilage of the public house from the footpath to the north of the site, shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects in the interests of providing an environment which allows for adequate supervision of the external area associated with the public house premises to safeguard the amenity of the surrounding residential area.

4. That the boundary treatments approved under the terms of Condition 3 shall be in place before the canopies hereby permitted are brought into use.

Reason: In the interests of providing an environment which allows for adequate supervision of the external area associated with the public house premises to safeguard the amenity of the surrounding residential area.

Background Papers:

Application form and plans received 2nd September 2005

Memo from NLC Roads (Northern Division) received 14'h September 2005

Letter from Mr & Mrs R Slonaker,33 Broomlands Road, Cumbernauld, received 9th September 2005. Letter from Mr & Mrs J McMillan,35 Broomlands Road, Cumbernauld, received 13th September 2005. Letter from Mr John J Duffy,6O Kilbowie Road, Cumbernauld, received 15th September 2005.

Any person wishing to inspect these documents should contact Mrs Mary Stewart at 01 236 61 6473. APPLICATION NO. N/05/01466/FUL

REPORT

1. Description of Site and Proposal

1.1 The site comprises a public house within the residential area at South Carbrain, which forms part of the neighbourhood facilities provided when the area was originally developed. Vehicular access is from Kilbowie Road to the south and west of the premises and public footpath runs along the northern and eastern boundaries of the site. The pub occupies a level platform raised above the level of Kilbowie Road to the south and below the level of the footpath to the north.

1.2 The public house has been closed for approximately 8 months and as part of a refurbishment of the property, the applicants propose to install retractable canopies on the south west corner elevations.

2. Development Plan

2.1 The site is covered by Policy HG4 (Residential Amenity) of the adopted Cumbernauld Local Plan 1993. This policy presumes against the loss of housing and development which could be detrimental to residential amenity.

3. Consultations and Representations

3.1 My Transportation Section had no objections to the proposed development as the canopies would be more than 2.2 metres above the level of the hardstanding.

3.2 As a result of the neighbour notification process, 3 representations were received. The concerns expressed can be summarised as follows:-

0 The plans are difficult to interpret to determine the exact position of the canopies.

Comment : The submitted plans adequately illustrate the applicants proposals

0 The canopies will encourage people to smoke and drink outside the building, which will result in a high level of noise. 0 The canopies will encourage more people to drink and smoke outside which will result in increased litter.

Comment : When the forthcoming legislative changes regarding smoking in licensed premises are introduced, customers are likely to seek to utilise external areas associated with licensed premises where they are permitted to smoke. This may lead to a greater number of customers being outside the premises. However these canopies are not specifically designed to cater for that purpose and will shelter an area only 1 metre out from the building over a combined length of 4.9 metres. Should such use result in the creation of statutory noise nuisance, this is a matter for enforcement under other legislation and is not material to the consideration of the planning application. Similarly, the position of the canopies is such that any litter is likely to occur within the applicant’s own curtilage and this is not material to the consideration of the planning application. 0 There will be increased numbers of young people congregating in the vicinity of the pub.

Comment : Whilst there is nothing to prevent youths congregating at present, it is accepted that the provision of shelter may encourage this. As the canopies are within the curtilage of the premises, it would be the responsibility of the licensee to supervise the use of the external area. Planning conditions can be imposed requiring that the canopies be retracted outwith opening hours when no such supervision is possible and the applicant has agreed to the implementation of additional measures to restrict access to this area to facilitate supervision.

0 No action has been taken in the past when complaints regarding noise, abusive language and drinking in the street have been made. 0 There will be increased levels of verbal and physical assault by persons associated with the public house. 0 There will be increased levels of drunken and anti-social behaviour from persons associated with the public house.

Comment : These are matters for the licensing authority and the police and are not material to the consideration of the planning application.

4. Planninn Assessment and Conclusions

4.1 Under Section 25 of the Town & Country Planning (Scotland) Act 1997 planning decisions require to be made in accordance with the development plan unless material considerations indicate otherwise. Whilst a public house can conflict with the interests of the amenity of surrounding residential property, it can be seen as an important local facility. In this case the public house is an established use within the area.

4.2 Whilst there have been problems with the operation of the facility in the past, the installation of the canopies will have little bearing on the potential for impact on the amenity of adjacent residents. Whilst there may be increased use of the external area arising from the forthcoming ban on smoking, the increase in noise in adjacent residences is unlikely to be significant and this could occur regardless of the installation of canopies.

4.3 The management of the facility will have far greater bearing on the impact on residential amenity. Planning conditions can be imposed to prevent causal use of the canopies for shelter outwith opening hours and the applicant has agreed to the implementation of measures which will improve the ability to supervise the external area associated with the public house. Accordingly, it is recommended that planning permission be granted subject to conditions. Application No: C/04/01633/FUL

Date Registered: 15th September 2004

Applicant: Applewood Builders LTD Craigbank House Blackridge West Lothian

Agent Pineload Designs 73A Station Road Armadale EH48 3LJ

Developmen t : Erection of 12 Dwellinghouses

Location: Former Coal Yard Land West Of 70 Main Street Longriggend Airdrie Lanarkshire

Ward: 46 Plains And Caldercruix Councillor Thomas Morgan

Grid Reference: 2821 20 67001 7

File Reference: CIPLILRM03070ICMIEL

Site History:

Development Plan: Under the terms of the Adopted Monklands District 1991 the application site is located within an area covered by Policy Econ 8 (General Urban Area).

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No Objection) Scottish Water (No Objection) British Gas (No Objection) Scottish Power (No Objection)

Representations: 7 letters of representation

Newspaper Advertisement: Not Required

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 *

Planning Application N0. C/04/0 1633/F U L Erection of 12 Dwellinghouses rnimap irPpmUS.afmaOrMBnnsJrrlly mafenY* n~peml,irar~lamnmm,*” rn I.”lll?,lh Cmrd*rofH.rMqedfr ;ym~yp:gy:x$~:;n~~ Former Coal Yard, Land West of 70 Main Street, Longriggend, Airdrie IBldll Lyc5ss(ll m WCh.4 prniaeengi NCT”LmmlHmc0YTI 100021388 2OoI hl 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.

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

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

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

4, That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works. (e) the landscaping design shall incorporate tree and plant species that will encourage habitats through the use of complimentary species found in the surrounding rural areas. (f) the landscape works shall include a tree planting scheme for the area hatched green on the approved plan.

Reason: To enable the Planning Authority to consider these aspects in the interests of maintaining and enhancing the biodiversity of the site.

5. That within one year of the occupation of the last 2 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the area.

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, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths shaded red on the approved plans; (b) the proposed SUDS Scheme as shown on the approved plans: (c) the proposed sewerage treatment facility as shown on the approved plans; (d) the proposed drainage system mounds as shown on the approved plans; (e) the proposed tree planting area shown hatched green on the approved plans; (f) the proposed fencinglgate shown purple on the approved plans

Reason: To enable the Planning Authority to consider these aspects in detail. 7. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 7 shall be in operation.

Reason: To safeguard the residential amenity of the area.

8. That before the development hereby permitted starts, a woodland management and maintenance scheme, covering the area hatched green on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, 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 in detail.

9. That before completion of the development hereby permitted, the woodland management and maintenance scheme, approved under the terms of condition 9 above, shall be in operation.

Reason: In the interests of amenity and biodiversity

10. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the proper treatment of the ground in the interests of health and safety

11. That before the development starts, full details of the location and design of the location of the drainage scheme to be installed shall be submitted to the Planning Authority for written approval, and these shall include full details of the location and design of the surface water drainage scheme, and for the avoidance of doubt the scheme shall comply with the Scottish Environment protection Agency's principles of Sustainable Urban Drainage Systems(SUDS).

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest guidance on SUDS

12. That before the development hereby permitted is brought into use, the new vehicular access shall be constructed with 10.5 metres radius kerbs, a 5.5 metres wide road and 2 metres wide footway to both sides of the proposed road.

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

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

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

14. That before the last of the dwellinghouses hereby permitted 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. 15. That before any of the dwellinghouses hereby permitted are occupied 2 car parking spaces shall be provided within the curtilage of each plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

Background Papers:

Application form and plans received 14th September 2004

Memo from Local Plans Section received 5th November 2004 Memo from Transportation Section (Northern Division) received 13th October 2005 Memo from Protective Services Section received 30th September 2004 Memo from NLC Community Services Department received 22nd October 2004 Memo from Geotechnical Section received 6th October 2004 Letter from Scottish Environment Protection Agency received Letter from Scottish Water received 15th October 2004 Letter from British Gas received 23rd September 2004 Letter from Scottish Power received 24th September 2004

Letter from Douglas Worrall Estates Manager,Central Scotland Forest Trust, Hillhouseridge, Shottskirk Road, Shotts, ML7 4JS received 16th September 2004. Letter from Keith Sheppard,74 Main Street, Longriggend, ML6 7RS received 22nd September 2004. Letter from Mr & Mrs W Morgan,69 Main Street, Longriggend , Airdrie, ML6 7RS received 28th September 2004. Letter from Colin Morgan,43 Main Street , Longriggend, Airdrie, ML6 7RS received 28th September 2004. Letter from M Lareman,41 Main Street, Longriggend, Airdrie, ML6 7RS received 28th September 2004. Letter from R & D Hills,72 Main Street Longriggend, By Airdrie, ML6 7RS received 23rd September 2004. Letter from Dr Suren Putter-Lareman,41 Main Street , Longriggend, By Airdrie, M16 7RS received 23rd September 2004.

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 81 2376. APPLICATION NO. C1041016331FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for the erection of 12 detached dwellinghouses at a former coal yard site located to the west of 70 Main Street, Longriggend. The site is located on the south side of Main Street and extends to some 0.98ha. The site is bounded to the west by a yard and to the east and south by a new tree plantation maintained and managed by The Scottish Woodlands Trust.

1.2 The proposals would involve the erection of 3 single storey bungalows each with three and four bedrooms and 9 1% storey dwellinghouses providing four and five bedrooms with integral garages. All of the proposed dwellinghouses would be set within large garden curtilages. A new access road would be constructed from Main Street while 3 of the smaller bungalows at the site frontage would take vehicular access direct from Main Street.

1.3 The proposals also include details of a SUDS drainage scheme and the proposed layout plan will incorporate a footpath linking into the plantation area located to the south of the site. The proposals also include a tree plantingllandscaped area to the east of the site.

2. Development Plan

2.1 Under the terms of the Adopted Monkland District Local Plan 1991 the application site is located within an area covered by policy Econ 8 (General Urban Area). There are no strategic issues.

3. Consultations and Representations

3.1 The Transportation Section initially advised that the required standard visibility splay from the proposed development onto Main Street is 9.0 x 90 m in both directions and that this requirement can not be achieved as the visibility splay passes through land out-with the control of the applicant. It was also noted that the existing foot way along the front of the site terminates at the site boundary and was substandard in terms of its width. It was initially recommended the application be refused in the interests of road safety. However following receipt of amended plans the Transportation Section suggested the proposals incorporate a 10.5 m radius junction with turning heads of 5.5 metres in width. Traffic calming elements should incorporate a road hump to appropriate design standards and that a 2.0 metre footway be constructed along the front of the site. It was also recommended that a pedestrian guard-rail be provided at the remote footpath’s link with the public road.

3.2 NLC Community Services had no objection and suggested any landscaping and tree planting proposals should create habitats and use planthee species that compliment the surrounding area in the interests of maintaining and enhancing the biodiversity of the site.

3.3 Scottish Water have no objection to the proposal.

3.4 SEPA (East) had no objection as an appropriate drainage system had been agreed with the developer.

3.5 The Geotechnical Team advised that a SUDS scheme be introduced for the site and that SEPA and Scottish Water should be consulted on an appropriate drainage scheme.

3.6 Scottish Power have no objection to the proposal. 3.7 Transco had no objection

3.8 The Protective Services Section have no objection provided that a comprehensive Phase 1 Site Investigation is carried out to ensure all potential risks arising from the previous industrial uses have been addressed to the satisfaction of the Planning Authority.

3.9 There were 7 letters of representation received in regards to the proposals. The material terms of objection can be fairly summarised as follows:

e That the proposed housing layout does not fit in with the character of the village e That the proposed cul-de-sac roadway is not appropriate e That the proposals will lead to additional traffic and on-street parking to the detriment of traffic safety on Main Street There is no public transport links to the village and residents would be car dependant The proposed development will require a new sewerage system The site would be over developed. A total of 3 houses would be more appropriate There is insufficient parking provision The site is contaminated from previous industrial use Longriggend has poor infrastructure provision, the development would add additional pressure on its resources e The surrounding area cannot cope with additional septic tanks outflows and may be detrimental to flora and fauna The development would be detrimental to wildlife There would be a loss of outlook to the southwest Security would be compromised There would be a loss of market value for existing houses should this development proceed There are no existing community services in this village There are no facilities for children in the village, this will lead to incidents of anti-social behaviour

3.10 Central Scotland Forest Trust withdrew their initial letter of objection following discussions with the developer.

4. Planninn Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations.

4.2 As noted above the application site is located within an area zoned as a General Urban Area (Econ 8) in the local plan where the principle of a mixture of uses is acceptable. Taking into account the previous use of the site, its context with Longriggend and the general urban zoning, the principle of residential use would be acceptable and supported under policy Econ 8.

4.3 The proposed layout generally accords with the Council’s design guidance on new housing areas. Whilst part of the required visibility splay falls outwith the application site boundary it is considered that the actu-al visibility along this part of Main Street is reasonable and the developer has agreed to provide a 2 metre wide footway along the front of the site. The proposed access road would be constructed to adoptable standards with appropriate corner radii, road and pavement widths. Each plot is large enough to accommodate sufficient off street parking spaces and adequate visitor parking would also be provided. 4.4 The proposed dwellinghouses are typical of a type found in a rural village and each is set within a large curtilage. They are of a similar height to others in the village. The building line along Main Street would be retained and the cul-de-sac layout is not considered to be inappropriate in terms of the streetscape of this linear settlement. Plot sizes are more than generous, privacy levels would not be compromised and security would be acceptable provided adequate fencing is provided for each plot. The layout incorporates a SUDS scheme beside the proposed access road to enable servicing and a footpath link through the site is to be provided to the outlying tree plantation area currently managed by CSFT.

4.5 There were no objections from external consultees and SEPA and Scottish Water are satisfied that an appropriate drainage system can be provided.

4.6 Turning to the terms of objection the following comments can be made.

Longriggend is a remote linear shaped settlement, where residential development has taken place along either side of the road. This site was formerly used as a coal yard and due to its size has allowed a development of 12 houses. The site is encompassed within the designated village limit and is not considered to be unacceptable. The provision of a new roadway to adoptable standards has enabled the site to be developed for 12 houses and is considered to be acceptable. The development would increase the number of vehicles in the village however adequate off street parking facilities would be provided therefore the development would not necessarily lead to on street parking on Main Street. There are no regular bus routes via Longriggend however it is understood that a dial a bus service is available. It may be the case that with the additional residents there may be more demand and a regular service may return to the benefit of the village. Both SEPA and Scottish Water had no objection to the proposals and it is assumed that a satisfactory drainage system can be provided. The site is capable of supporting 12 houses. There is adequate parking provision within the site for 12 houses Protective Services have noted the site may be contaminated and it would be a condition of any planning permission that adequate measures are taken to address identified contamination issues. There were no objection from the utility companies and Scottish Water and SEPA had no objection therefore it is likely the development can be serviced to acceptable standards. As above. The proposals also include a tree planting area to the east of the site. In addition each plot would be landscaped with fencing and hedgerows. As such additional habitats would be created to the benefit of flora and fauna and the general biodiversity of the site and surrounding area. As above The site was formerly used as a coal yard and then recently cleared of all buildings and coal storage. The outlook would have been restricted and poor during its operation. The proposal would involve the erection of 1 W storey dwelling houses set within large garden curtilages and this would represent an improvement over the current outlook. Site security would be adequate following provision of boundarykcreen fences Perceived losses to the market value of existing houses is subjective and is not material to the consideration of a planning application. Community facilities in the village are limited however the development is not of a size that would require a developer to provide such facilities as part of the development. As above although it is noted that a children’s play park is located at the end of Main Street. Incidents of anti-social behaviour are a matter for the Police. ._ The terms of objection cannot be sustained in this instance. 4.7 The proposals accord with the terms of the development plan and meet the terms of the Councils Design Guidance on new Housing Areas. While the points of objection are noted I do not consider that these merit the refusal of this application. It is therefore recommended that planning permission be granted subject to conditions. Application No: C1041018831FUL

Date Registered: 26th October 2004

Applicant: A.J. Builders Thistle House Scholar's Gate East Kilbride G75 9JL

Agent Sondh Associates Architecture And Design 5 St. Vincent Place Glasgow G1 2DH

Development: Erection of 8 Flatted Dwellinghouses, Associated Landscaping and Car Parking

Location: Former Coatbridge Hotel Site Glasgow Road Coatbridge Lanarkshire ML5 IEL

Ward: 36: Bargeddie And Langloan Councillor Andrew Burns

Grid Reference: 271 872.664320.

File Reference: CIPLICTG4351CMIEL

Site History:

Development Plan: Under the terms of the Monklands District Local Plan 1991 the application site is located within an area covered by policy HG9 (Housing Policy for Existing Residential Areas)

Contrary to Development Plan: NO

Consultations: Scottish Water (Objections) British Gas Transco (No objections) Scottish Power (No objections) British Telecom (No objections)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is for the erection of 8 flats over 2 levels on the south east corner of the former Coatbridge Hotel Site, Woodside Street, Coatbridge. The proposals would include car parking and shared private amenity space. The flats would be two storey in height with pitched tiled roof and finished in a mix of facing brick and render. A nursing home is presently being built on the land to the north and west of the site and it would share a service access road with this development. Planning Application No. C/04/01883/FUL

Erection of 8 No. Flatted Dwellinghouses, Associated Landscaping and Car Parking The site is zoned HG9 (Housing Policy for Existing Residential Areas) in the Monklands District Local Plan 1991 and there are no strategic considerations. Following the standard neighbour notification procedures no objections were received. Scottish Water has submitted a holding objection until such time as the developer provides and meets the cost of an acceptable drainage arrangement. The Transportation Section had some initial concerns over the use of the Nursing Home service access however the proposed development has been reduced in scale from 9 flats to 8 flats and traffic management improvements would be introduced at this access including improved visibility splays along Woodside Street.

The revised proposals are considered to be an improvement and meet the terms of the Councils design guidance on flatted developments and on open space requirements. Parking and access arrangements are also considered to be satisfactory.

The amended proposal would not adversely affect the amenity of the surrounding area and as such the proposals are in accordance with the terms of the development plan policy HG9. Although Scottish Water raised a holding objection this matter can be resolved via an appropriate planning condition should planning permission be granted. Following consideration of the above matters it has been concluded that the proposed development is acceptable. Therefore it is recommended that planning permission be granted subject to conditions

Recommendation: Grant Subject to the Following Conditions:-

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

Reason: 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.

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

3. That before any of the flatted dwellinghouses hereby permitted, are occupied, all fences, or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

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, 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 a maintenance scheme for the landscape scheme and existing trees.

Reason: To enable the Planning Authority to consider these aspects. 5. That prior to the occupation of any of the flatted dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species and the maintenance scheme shall be in place.

Reason: To safeguard the residential amenity of the area.

6. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.

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

7. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of any trees to be retained, as shown on the approved scheme under the terms of condition 4 above, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect the existing mature trees during construction works

8. That before development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the proper treatment of the ground in the interests of health and safety.

9. That following the completion of the works required under the terms of condition number (8) above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out in full and to a satisfactory standard.

Reason: To ensure the compliance of condition number (8) in the interests of health and safety.

10. That before the commencement of any works on site a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided to the right of the vehicular access and everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line area and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within this sight line area.

Reason: In the interests of traffic and pedestrian safety. 11. That before any of the flatted dwellinghouses hereby permitted are occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring . I . ,. areas.

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

12. That before any of the flatted dwellinghouses hereby permitted are occupied, a dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

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

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

14. That before the commencement of any works on site the developer shall provide written confirmation that a satisfactory drainage system has been agreed with Scottish Water as required in their letter dated 15'h November 2005.

Reason: To ensure that a satisfactory drainage scheme can be provided

Background Papers:

Application form and plans received 26th October 2004 Amended Plans received on 28 July 2005

Monklands District Local Plan 1991

Memo from Transportation Section received lgthJanuary 2005 Memo from Protective Services Section received 12th November 2004 Letter from Scottish Water received 18th November 2004 Letter from British Gas Transco received 5th November 2004 Letter from British Telecom received 15th November 2004

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376. Application No: C1051006541FUL

Date Registered: 31 st May 2005

Applicant: Mr D. Douthwaite Rannoch House Berrieswall Farm Stepends Road Plains Airdrie Lanarkshire

Agent SOS Design Consultants 4 Silvermuir Ravenstruther Lanark MLII 7SD

Development: Installation of Rear Dormer Window and Erection of Two Storey Triple Garage with Side Conservatory and Granny Flat and Dormer Windows on the First Floor.

Location: Rannoch House Berrieswall Farm Stepends Road Plains Ai rdrie Lanarkshire

Ward: 52 Salsburgh Councillor David Fagan

Grid Reference: 280802 666185

File Reference: CIPL/S702000/CMl/EL

Site History:

Development Plan: The application site is designated as GBI (Green Belt Area) in the Monklands District Local Plan 1991. Contrary to Development Plan: No

Consultations:

Representations: None received

Newspaper Advertisement: Not Required

Comments

Planning permission is being sought for the installation of rear dormer window and erection of two storey triple garage with granny flat and dormer windows on the first floor. Planning Application C/05/00654/FUL installation of Rear Dormer Window and Erection of Two Storey The application site is a detached property and is designated as GBI (Green Belt Area) in the Monklands District Local Plan 1991.

Policy GBI in the Monklands District Local Plan states that no development will be permitted except for; new houses for full time workers in Agriculture or Forestry; non residential developments in connection with Agriculture or Forestry and Uses requiring a rural location. Essentially this proposal is considered to be an extension to the existing dwellinghouse and in principle is in accordance with the local plan policy for existing residential areas (Policy HG9). Therefore, this is in accordance with GBI considerations as it is considered that the environmental impact is acceptable.

The proposal would involve the erection of a triple garage and study on the ground floor and a granny flat on the first floor to provide Ino bedroom, living arealkitchen, 2 no bathrooms with 3 no dormer windows to the front and 3 no dormer windows to the rear. The detached 2 storey triple garage sits within a substantial gardenlparking curtilage and is over 130 metres from the public road. The development is well screened from the Berrieswall Farm. There is also a proposed conservatory to be attached to the side of the proposed garage leading onto the study area.

The proposal also seeks to include rear dormer window on the existing adjacent dwellinghouse to provide upper floor accommodation within that dwellinghouse. The dormer will be flat roofed, set slightly below the ridge line of the dwelling and considered acceptable when viewed against the design guidance on “House Extensions”. There are no dwellinghouses within close proximity in which any privacy issues may arise.

The Transportation Section have no objections and that there should be a satisfactory number of parking spaces for the existing dwellinghouse. There are no strategic issues and there were no representations.

The applicant is willing to enter into a Legal Agreement (Section 75) with the Council in respect of tying the “granny flat” as an ancillary extension to the original dwellinghouse at Rannoch House, Berrieswall Farm, Stepends Road, Plains, Airdrie. Therefore the “granny flat” could not be sold as a separate dwellinghouse.

Taking into account the relevant material considerations coupled with the Legal Agreement (Section 75) it is concluded that the proposals are acceptable and it is recommended that planning permission be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

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.

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

Reason:To safeguard the residential amenity of the area.

That the “granny flat“ hereby approved shall only be considered as an ancillary extension to the original dwellinghouse at Rannoch House, Berrieswall Farm, Stepends Road, Plains, Airdrie and shall not be considered as a separate house under the terms of Class 9 of the (Town and Country Planning) (Use Classes Order) (Scotland) 1997.

Reason:To define the permission and to protect residential amenity. NOTE(S) TO COMMITTEE:

If granted, the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of tying the “granny flat” as an ancillary extension to the original dwellinghouse at Rannoch House, Berrieswall Farm, Stepends Road, Plains, Airdrie.

Background Papers:

Application form and plans received 21st April 2005

Memo from Transportation received 16th September 2005 Adopted Monklands District Local Plan 1991

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812375. Application No:

Date Registered: 20th September 2005

Applicant: Mr & Mrs Mallon 9 Kenmore Way Carn broe Coatbridge Lanarkshire ML5 4FN

Development: Erection of Fence to Front of Dwellinghouse (in Retrospect)

Location: 9 Kenmore Way Carnbroe Coatbridge Lanarkshire ML5 4FN

Ward: 35 Sikeside And Carnbroe Councillor John Cassidy

Grid Reference: 274381 663432

File Reference: C/PL/CTK275009/CMI/EL

Site History:

Development Plan: The site is zoned HG3 New Private Sector Housing Development in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 2 Representation Letters

Newspaper Advertisement: Not Required

Recommendation: Grant

Background Papers:

Application form and plans received 6th May 2005

Adopted Monklands District Local Plan 1991

Letter from Mr And Mrs Haggerty, 2 Kenmore Way, Carnbroe, Coatbridge, ML5 4FN received 6th May 2005. Letter from Mr & Mrs J Young, 10 Kenmore Way, Carnbroe, Coatbridge, ML5 4FN received 2nd June 2005.

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812375. Planning Application C/05/00758/FUL

Jc Representations APPLICATION NO. C/05/00758/FUL

REPORT

1. Description of Site and Proposal

1.I Retrospective planning permission is ,eing sought for the erection of a metal fence to the front of No 9 Kenmore Way, Coatbridge. The application property is a detached dwellinghouse set within an existing residential area in Carnbroe, due south of Coatbridge Town Centre.

1.2 The metal fence has been erected in line with the front boundary of the existing dwellinghouse and is approximately 1 metre in height.

2. Development Plan

2.1 The site is zoned HG3 New Private Sector Housing Development in the Monklands District Local Plan 1991. There are no strategic implications.

3. Consultations and Representations

3.1 Following the standard neighbour notification procedures two letters of representation were received from the residents of No 2 and No 10 Kenmore Way, Coatbridge. The main grounds of objection are as follows:

(i) Pedestrian Safety problems in relation to the fence restricting children’s view of vehicles entering Kenmore Way.

(ii) Traffic calming measures being used as parking spaces due to the fence being erected and general parking problems associated with Kenmore Way.

(iii) The erection of the fence is contrary to the planning restriction set in the original application C/98/533/FUL.

(iv) The erection of the fence is contrary to the title deeds for the property and will affect the sale and value of No 10 Kenmore Way.

(v) The fence has been erected without prior permission to gain access from No 10 Kenmore Way. No boundary survey was carried out prior to the fence being erected.

(vi) The North Lanarkshire Cleansing Department will have problems accessing the street due the parking implications associated with the erection of the fence.

(vii) The erection of-the-fence implies that the residents at No 10 Kenmore Way are troublesome neighbours.

4. Planning Assessment and Conclusions

4.1 In assessing this application the local plan policy HG3 new private sector housing development and HG9 for existing residential areas is relevant. This seeks to protect such areas by opposing development that adversely affects the amenity of the established housing. 4.2 In relation to the grounds of objection these are addressed as follows:

(i) The pedestrian traffic safety issues relative to this case are not considered to be significantly affected by the fence. While the concerns are fully noted they are not sufficient enough to justify refusal.

(ii) and (vi) The parking provision is unaffected by the development and there is still sufficient space to provide the driveway as recommended by the Transportation Section (6m long x 5m wide) to ensure that two car parking spaces are retained within the curtilage of the application site. On street parking problems related to Kenmore Way are not relevant to this planning application.

(iii) It is acknowledged that the original planning permission contained the condition that removed low front fences of the type proposed from the status of permitted development. However, this did not necessarily imply that such development would be unacceptable, but rather sought to ensure that any proposals would be carefully assessed in view of the adverse impact on amenity that inappropriate enclosures would bring. In this particular case, in view of its scale and design, it is considered the appearance of the fence does not cause any demonstrable harm to amenity.

(iv) In regard to title deeds this is a legal matter to be resolved by the property owner. Property value is not a material planning consideration and therefore cannot be considered as part of this application. The Land Ownership Certificate was completed sufficiently on the planning application form submitted to the Department and as such any boundary disputes would be a legal matter to be resolved between the relevant parties.

(v) With regards to gaining access on private property this issue is a legal matter to be resolved between owners.

(vi) Disputes between neighbours is not a material planning consideration and therefore cannot be assessed as part of this application.

4.4 In conclusion I have considered the points of objection raised in regard to the erection of the fence but find no reason to uphold them as it is not considered that there is any detriment to the objectors properties. Such a development would be permitted development if there was not a restrictive condition set in the original planning permission. The existing parking provision is also adequate with no detrimental effect on the current parking provision. I therefore recommend that planning permission be granted in retrospect. Application No: C/05/01201/OUT

Date Registered: 19th July 2005

Applicant: G.T. Buildings (Scotland) Ltd 406 Greengairs Road Greengairs Ai rd rie Lanarkshire

Development: Residential Development (In Outline)

Location: 406 Greengairs Road Greengairs Ai rdrie Lanarkshire

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 278920 67071 9

File Reference: CIPLIGW G900406/LM/EL

Site History: 92/178 Residential Development (Outline) Granted 11.06.92 95/303 Residential Development (Outline) Granted 13.09.95

Development Plan: This site is zoned as ECON 8 (General Urban Area) within the Monklands District Local Plan 1991 .

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No objection) Scottish Water (No objection) British Gas (No objection) Scottish Power (No objection) Scottish Natural Heritage (No objection)

Representations: 1 Letter of Representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. \\ 2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of equipped play areas; (e) the provision of public open space; (f) the details of, and timetable for, the hard and soft landscaping of the site; (9) details for management and maintenance of the areas identified in (d),(e) and (f) above; (h) the design and location of all boundary walls and fences; (i) the phasing of the development; (j) the provision of drainage works; (k) the disposal of sewage; (I) details of existing trees, shrubs and hedgerows to be retained; (m) details of existing and proposed site levels.

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

3. That within three years of the date of the permission, an application for approval of the reserved matters, specified in condition 2 above, shall be made to the planning authority.

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

4. That the reserved matters application referred to in condition (2) above shall include, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems.

Reason: To enable the Planning Authority to consider these details and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.

5. Notwithstanding the requirements of condition 2 above, before the development hereby approved starts, a report which adheres to guidance given in BS10175.2001 Investigation of Potentially Contaminated Sites, Code of Practice, and describes 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 shall include proposals to remove or render harmless these contaminants, having regard to the proposed use of the site, to be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

6. That following the completion of all or any part of the works hereby required under the terms of condition 5 above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out.

Reason: To ensure the site is free of contamination.

7. That visibility splays of 2.5 metres by 55 metres (to the right) and 2.5 metres by 22 metres (to the left), measured from the road channel, shall be provided at the vehicular access onto Coalburn Street 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: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

8. That each plot shall have a minimum of 2 in curtilage parking spaces with visitor parking provided on a minimum basis of 15%.

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

9. That driveways should be 5 metres wide by 6 metres long or 3 metres wide by 10 metres long and be fully paved over at least the first 2 metres from the heel of the footway.

Reason: To ensure the provision of adequate parking facilities within the site and to prevent deleterious material being carried onto the carriageway.

10. That the proposed in-site road shall be 5.5 metres wide with 2 metre footways on either side, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of pedestrian and vehicular safety. Background Papers:

Application form and plans received 14th July 2005

Memo from Transportation Section received 25th August 2005 Memo from Protective Services Section received 12th August 2005 Letter from Scottish Environment Protection Agency received 12th August 2005 Letter from Scottish Water received 17th August 2005 Letter from British Gas received 28th July 2005 Letter from Scottish Power received 29th July 2005 Letter from Scottish Natural Heritage received 12th August 2005

Letter from Mr & Mrs W Crawford, 405 Greengairs Road, Greengairs, Airdrie, ML6 7TE received 12th August 2005.

Any person wishing to inspect these documents should contact Ms Leigh Menzies at 01 236 812372. APPLICATION NO. C10510120110UT

REPORT

1. Description of Site and Proposal

1.1 The application site extends to an area of approximately 0.85 hectares and is located south of Greengairs Road, Greengairs at the eastern end of the village. The site is bounded to the north by the 8803 Greengairs Road with residential properties opposite, to the west there is currently a vacant piece of ground with detailed planning permission for 12 detached dwellings. Coalburn Street bounds the western side of the site with flatted properties beyond and the area to the south is open land. The site currently contains a timber manufacturing building on the northern half with vacant land on the southern portion.

1.2 The proposal for which planning permission is sought is for the approval of Residential Use (In Outline). As the application is in outline no detailed proposals have been submitted in terms of site layout, house types etc as these matters would be considered at the reserved matters stage, should this application be successful. Notwithstanding the above indicative details have been submitted indicating that the site access would be taken from Coalburn Street and could accommodate approximately 16 properties, both detached and semi-detached.

2. Development Plan

2.1 The site is designated as ECON 8 (General Urban Area) in the Monklands District Local Plan 1991. This policy supports the principle of mixed uses with commercial uses encouraged to remain. As the application raises no strategic issues, it can be assessed in terms of the local plan policy.

3. Consultations and Representations

3.1 The Transportation Section’s response indicated that it had no objection to the application subject to adequate measures in relation to road safety. These measures include adequate visibility splays at the entrance to the proposed development on Coalburn Street and maintenance of the existing sightlines at the junction of Coalburn Street and Greengairs Road. 3.2 Scottish Power and British Gas have offered no objection or comment on this proposal. SNH has no objection to the proposal in principle.

3.3 SEPA have no objection to the proposal but have indicated concern with regard to the net increase in foul and surface water arising from the site and the ability of Greengairs Waste Water Treatment Works to cope with this. Notwithstanding the above Scottish Water have indicated no objection to the proposal and that the water and sewage network currently has adequate capacity to accommodate a development of this size.

3.4 Following the standard neighbour notification procedure 1 letter of objection was received against the proposal. The main points of which are as follows:

a) Too many houses being constructed in the Greengairs b) Loss of privacy c) No local amenities to support increased house numbers d) Increased noise and traffic on the B803 Greengairs Road e) Disturbing the peace of the area 4. Planning Assessment and Conclusions

4.1 The site is situated within a general urban area. In assessing the application, the local plan policy ECON 8 (General Urban Area) is relevant. The application site currently contains a manufacturing building on the northern portion of the site that the applicant currently occupies. The expansion of the business means that the site can no longer accommodate the needs of the business and without relocation the short and long term growth of this established company would be affected. The company also proposes to invest in new machinery to facilitate this growth which would require shift work to ensure a return in this investment. It is felt that this type of machinery in this location would be to the detriment of the surrounding residential properties.

4.2 ECON 8 encourages existing commercial uses to remain, and the loss of such a site must be viewed with some degree of concern. In this instance it is felt that the expansion of the occupant of the application site would have a detrimental effect on the amenity of the adjoining residential properties, particularly in terms of additional commercial traffic and noise generation. Therefore in this instance a departure from the policy is justified.

4.3 The southern portion of the site has previously been part of a larger area that was granted planning permission in outline for housing development. The previous application sites extended along the rear of the properties 406 and 41 4 Greengairs Road.

4.4 In relation to the grounds of objection, these are addressed below: a) Each individual application must be assessed on its own merits and whether the site under consideration is suitable for the proposed use. b) Current policy guidance require that a window to window distance of 18 metres is required for reasons of privacy. The boundary of the application site is located 35 metres from the objectors dwellinghouse. c) It is not felt that the effect that this proposed development on the local amenities will be detrimental. d) It is not felt that this development will have a detrimental impact on the traffic within the village. In addition any impact could be offset by the reduction in commercial traffic servicing the existing manufacturing business. e) As the proposed use of the land is residential the use is compatible with the surrounding dwellinghouses and it is felt that there would be minimal additional impact. In addition any impact could be offset by the reduction in noise currently produced from the existing commercial property.

4.5 In conclusion, having regard to the foregoing, the proposal is considered acceptable and it is in keeping with the surrounding area. The application is acceptable in terms of local plan policies and raises no strategic issues. It is therefore recommended that planning permission be granted subject to the appropriate conditions. Application No: C/05/01544/FUL

Date Registered: 5th September 2005

Applicant: Derek Watt 3 Grahamshill Avenue Airdrie ML6 7EP

Development: Erection of Dwellinghouse in Association with Agricultural Holding

Location: Land West Of Avalon Avonhead Road Upperton Airdrie Lanarkshire

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 280646670355

File Reference: C/PL/LRA750000-1/lJ/EL

Site History:

Development Plan: The site is covered by Policies GB2 (Restrict Development in the Countryside around Towns) and LI1/5(Devastated Landscape) in the Monklands District Local Plan 1991 and Strategic Policy 1 in the Glasgow and Clyde Valley Joint Structure Plan 2000.

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No objections) Scottish Power (No objections)

Representations: None received

Newspaper Advertisement: Not Required

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. Planning Application No C/05/01544/FUL 2. That the development shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Planning Authority.

Reason:To define the permission.

3. 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.

4. 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 before the development hereby permitted is occupied everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

5. That before the dwellinghouse hereby permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.

Reason: To enable vehicles to enter and leave the site in forward gear at all times.

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

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

7. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

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

8. That the occupation of the dwellinghouse hereby permitted shall be restricted to person(s) employed in the Equestrian Business on land west of Avalon, Avonhead Road, Upperton.

Reason: To accord with the approved Green Belt policy.

9. That on completion of the dwellinghouse hereby permitted the temporary residential caravan shall be removed permanently from site and the affected land reinstated where necessary.

Reason: To accord with the approved Green Belt policy. NOTE(S) TO COMMITTEE:

If granted, the planning permission will not be issued until an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 has been concluded with the applicant in respect of a restriction of the occupation of the dwellinghouse to persons employed in the Equestrian Business at Upperton Farm, Avonhead Road, Upperton.

Background Papers:

Application form and plans received 25th August 2005

Letter from Scottish Environment Protection Agency received 16'h October 2005 Letter from Scottish Power received 2gth September 2005

Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382. APPLICATION NO. C1051015441FUL

REPORT

I. Description of Site and Proposal

1.I The application site measures 17 acres and is located to the east of the “Avalon” farm steading, directly south of the nearby settlement of Upperton. An Equestrian Business operates from the site which includes a temporary residential caravan and a large detached outbuilding that is used for the stabling of horses. A large open area within the site is used for the grazing/exercising of horses. The surrounding lands that bound the application site are associated with the existing farming operations.

1.2 The proposal is to erect a permanent detached dwellinghouse as a direct replacement for the temporary residential caravan that would be removed from site following completion of the dwellinghouse. As with the caravan the new dwelling would be linked with the on-going Equestrian Business and the applicant is agreeable to formalising this through a Section 75 Agreement which will restrict the occupation of the dwellinghouse to a full-time worker in the Equestrian Business.

1.3 The dwellinghouse will be of traditional single storey pitched roof construction externally finished in smooth render and re-constituted stone with slate effect roof tiles. On the ground floor there will be a Lounge, KitchedBreakfast Area, Utility Room, Family Room, Bathroom, Toilet, Hall, 4 Bedrooms and a Double Garage. The existing parking arrangements serving the residential caravan and the Equestrian Business will be retained and improved.

2. Development Plan

2.1 The site is covered by Policies GB2 (Restrict Development in the Countryside around Towns) and LI1/5(Devastated Landscape) in the Monklands District Local Plan 1991. The site is also covered by Strategic Policy 1 in the Glasgow and Clyde Valley Joint Structure Plan 2000 and in particular the Metropolitan Development Strategy which seeks to safeguard the Green Belt against the spread of built up areas and the encroachment of development into the countryside.

3. Consultations and Representations

3.1 Following the standard neighbour notification procedures no objections were received against this proposal.

3.2 None of the statutory consultees advised against this proposal.

3.3 The Transportation Section offered no objection to the proposal subject to conditions relating improved accessing arrangements. 4. Plannina Assessment and Conclusions

4.1 Applications of this nature require to be assessed in terms of their appropriateness and compliance with both National Guidelines and Development Plan Policy on the Green Belt. National Green Belt guidance, as contained within Circular 24/1985, presumes against any intrusion into the designated green belt and reinforces the purpose of the green belt which includes establishing a clear definition of settlement boundaries, preventing coalescence, providing for recreation and maintaining the landscape setting of towns.

4.2 The adopted Monklands District Local Plan 1991, under Policy GB2, seeks to restrict isolated development in the Countryside Around Towns unless there is a specific locational need. Proposals for development within the area shall require to be justified against the following criteria: (a) economic benefit (b) special locational need (c) infrastructure implications (d) environmental impact

The development i.e. Equestrian Business will primarily benefit only the applicant in economic terms and there are minimal infrastructure implications other than improved site access provision and in-site sewage treatment and dispersal. In terms of locational need the Council accepts that an Equestrian Business is an appropriate use within a Green Belt location and a report from the Scottish Agricultural Collage has confirmed that “it is essential for the success of their business that the Watts (the applicants) live on the site, to run the enterprise effectively, to increase security, and to provide adequate levels of supervision and welfare for their horses”. The site is within an area of devastated landscape and the general improvements carried out by the applicant within the application site as part of the on-going Equestrian Business have created an environmental benefit to the area.

The Glasgow and Clyde Valley Joint Structure Plan 2000, under Strategic Policy 1, requires, through the Metropolitan Development Strategy, the continued designation and safeguarding of the Green Belt within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. Local Plans shall define the detailed boundaries and policies to safeguard the Green Belt.

4.3 The Equestrian Business is now well established on site and substantial financial output has been made by the applicant in terms of building construction, sewage treatment system, surface works, boundary treatment, animal acquisition etc. to make this enterprise viable. The applicants are successful breeders of Appaloosa ponies and run a stud of pure -bred mares and competition ponies. The current numbers of ponies at stud are four mares, a stallion and five competition ponies, all of which are kept on site. The business also provides a breaking and re-schooling horses and ponies service. The applicants have advised that should this current proposal be considered acceptable then the existing mobile home (in which they are currently resident) would be removed from site immediately on construction of the dwellinghouse. The applicants are also agreeable to a Section 75 Agreement restricting the occupation of the dwellinghouse to a person employed in the Equestrian Business within the site.

4.4 In terms of design the proposed new build is of an acceptable standard for this rural location and the external material are also deemed acceptable. No objections have been received against the proposal and the Transportation Section has only required minor improvements at the access to the site that can be achieved within land under the control of the applicant. 4.5 Having regard to the above I consider the proposal to be acceptable in both policy and design terms. I therefore recommend that planning permission be granted subject to conditions and to the applicant entering into a Section 75 Agreement to restrict the occupation of the dwellinghouse to a full time worker in the Equestrian operations on site. Application No: C/05/01569/FUL

Date Registered: 19th September 2005

Applicant: Arqiva Crawley Court Winchester Hampshire SO21 2QA

Development: Installation of 2No Dipole Antenna at 53m and 55m above ground on Existing Structure

Location: Black Hill Transmitter Station lnverdovat Farm 501 Duntilland Road Salsburgh Shotts Lanarkshire ML7 4NZ

Ward: 52 Salsburgh Councillor David Fagan

Grid Reference: 28281 4 664755

File Reference: C/PL/SAD504501/CMI/EL

Site History: 00/00549/FUL Installation Of 2 No 1.2 Metre Dish Antennae - Granted 14'h June 2000 00/01115/FUL Erection of 1 No. YAGI Antenna on Existing Mast at 23.OM Above Ground - Granted 17'h October 2000 00/01248/FUL Installation of 6 No. Dual Polar Antennae and 4 No. 0.6m Dish Antennae and Associated Equipment Cabinet - Granted 18'h December 2000 03/00704/FUL Installation of 4 Antennae - Granted gthJuly 2003 04/01203/FUL Installation of 8 No. Wind Veins and Anemometers - Granted 20thAugust 2004

Development Plan: The site is zoned as GB2 (Green Belt Area) and policy TELI (Telecommunications Developments) of the Adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: Not Required Planning Application C/05/01569/FUL

Installation of 2 Dipole Antenna with Dimensions of 53m to 55m on Existing Structure Comments:

The applicant is seeking planning permission for the installation of 2 no Dipole Antenna at heights of 53.5 and 55 metre on an existing telecommunications tower for Radio Communications Scotland Ltd at the Black Hill Transmitter Station, lnverdovat Farm, Black Hill, Salsburgh. Both antennas are approximately 1 metre in diameter.

The site is zoned as GB2 (Green Belt Area) and policy TELI (Telecommunications Developments) of the Adopted Monklands District Local Plan 1991. There are no strategic implications. There were no objections received following neighbour notification and consultation procedures.

Policy TELI contained in the Monklands District Local Plan 1991 indicates that any telecommunications developments will be considered with regard to national policy and against; economic benefit, specific locational need and environmental impact. It is unlikely that there would be a significant negative or positive impact in regard to economic benefit that can be measured. It will be of general benefit to the community to have full coverage of their existing radio network. As for specific locational need several sites were investigated and site-share in this case was chosen to provide the appropriate network coverage. It is considered that the proposal meets the criteria stipulated in policy TEL 1 and should not significantly impact on the amenity of the area.

In considering environmental impact, the proposed installation will not have a significant visual impact, as there are similar antennas on the existing tower. Therefore, this overrides normal GB2 considerations as it is considered that the environmental impact is acceptable. As for related health impact the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP com pl iance certificate.

The proposed development is in accordance with local plan policy and national policy guidance in PAN 62 and NPPG 19 Radio Telecommunications.

It is therefore recommended that planning permission be granted subject to conditions.

Recommendation: Grant Subject to the Following Conditions:-

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.

In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard. Background Papers:

Application form and plans received 19th September 2005

Adopted Monklands District Local Plan 1991 National Planning Policy guidance NPPG 19 Radio Telecommunication, July 2001 Planning Advice Note PAN 62 Radio Telecommunication, September 2001

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812375. Application No: S/O5/00436/FUL

Date Registered: 18th April 2005

Applicant: Mrs Elizabeth Skelton 33 Lynnhurst Uddingston G71 6SA

Development: Outdoor Leisure and Activity Centre

Location : Land West Of Spindlehowe Road Uddingston

Ward: 22 Fallside Councillor Bob Burrows

Grid Reference: 270249660948

File Reference: S/PL/B/9/32( 116)

Site History: 1971 - permission refused for transport depot 1971 - permission refused for warehouse and factories 1974 - permission refused for plant hire depot 1980 - permission refused for light industrial and plant hire depot

Development Plan: Public open space in the Uddingston - Tannochside Town Map Green Belt in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: No

Consultations: Leisure Services (conditions) Scottish Natural Heritage (conditions) Scottish Environment Protection Agency (conditions) Scottish Water (objection) British Gas (conditions) Scottish Power (no response) SportScotland (no response) Strathclyde Police (no objection) Railtrack Scotland (conditions) South Lanarkshire Council (no response)

Representations: 350 letters of objection plus a petition with 940 signatures

Newspaper Advertisement: Advertised on 28th April 2005

Recommendation: Refuse for the Following Reasons:-

1. The proposal is contrary to Policy ENV5 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) in that it would be likely to inflict an unacceptable impact on the environment on the following grounds - the suitability of the proposal to the character of the

area, noise, landscape impact of the proposal.

2. The proposal is contrary to Policies L2 and CS4 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) in that it does not meet an identified shortfall in provision and will impact on landscape character, visual amenity and important habitats, and the character and amenity of adjoining properties and the surrounding environment. Background Papers:

Application form and plans received 18th March 2005

Memo from Transportation Manager received 28th June 2005 Memo from Head Of Protective Services received 21st October 2005 Memo from Leisure Services received 8th June 2005 Letter from Scottish Natural Heritage received 12th May 2005 Letter from Scottish Environment Protection Agency received 31st May 2005 Letter from Scottish Water received 23rd May 2005 Letter from British Gas received 20th May 2005 Letter from Strathclyde Police (Wishaw) received 11th June 2005 Letter from Railtrack Scotland received 31st May 2005

Letters of Representation Letter from Mrs Elizabeth Gibson,29 Kingsley Court, Uddingston, G71 6QH received 29th March 2005. Letter from Hilary Tunney, 5 Kylepark Crescent, Uddingston, G71 7DQ received 29th March 2005. Letter from James T Irvine, 8 Almond Vale, Uddingston, G71 6QQ received 29th March 2005. Letter from Mr & Mrs Michie,2 Kilbride View, Spindlehowe, Uddingston, received 29th March 2005. Letter from Margo Ward,6 Kilbride View, Uddingston, G71 6RH received 31st March 2005. Letter from lan & Alison Lockhart,l6 Hamilton View, Uddingston, G71 6QA received 31st March 2005. Letter from James Kirk,7 Kingsley Court, Uddingston, G71 6QH received 31st March 2005. Letter from Mrs Cherry Isdale,l19 Kylepark Drive, Uddingston, G71 7DD received 31st March 2005. Letter from C Milne,33 Kingsley Court, Uddingston, Glasgow, G71 6QH received 1st April 2005. Letter from Charles Bryceland,l2 Copperfield Lane, Uddingston, G71 6QU received 1st April 2005. Letter from Anne McGuire,41 Kingsley Court, Uddingston, G71 6QH received 1st April 2005. Letter from Gavin Crawford,l4 Kilbride View, Uddingston, G71 6RH received 1st April 2005. Letter from Gillian McCartney,35 Kingsley Court, Uddingston, G71 6QH received 1st April 2005. Letter from Mrs Anne M Stevenson,9 Dechmont View, Uddingston, G71 6LP received 1st April 2005. Letter from Walter Silcock, Uddingston Pride, 20 Clydeneuk Drive, Uddingston, received 4th April 2005. Letter from Helen Jack,2 Athena Way, Uddingston, G71 6HW received 4th April 2005. Letter from James L Jack,2 Athena Way, Uddingston, G71 6HW received 4th April 2005. Letter from Mrs May MacPherson,l2 Dechmont View, Uddingston, G71 6LP received 4th April 2005. Letter from Ms G Stevenson,57 Osprey Drive, Uddingston, G71 6HU received 4th April 2005. Letter from Margaret Murray,87 Glencroft Avenue, Uddingston, G71 6BZ received 4th April 2005. Letter from Gavin McCover,9 Kingsley Court, Uddingston, G71 6QH received 4th January 2005. Letter from Mr R Mellor,l31 New Edinburgh Road, Uddingston, G71 6LP received 4th January 2005. Letter from Mrs P Milligan,9 Kilbride View, Uddingston, G71 6RH received 5th April 2005. Letter from Raymond Robertson,88 Hamilton View, Uddingston, G71 6QA received 5th April 2005. Letter from Susan Laustrian,l33 New Edinburgh Road, Uddingston, G71 6NF received 5th April 2005. Letter from Mrs Agnes Robb,lO Kilbride View, Uddingston, G71 6RH received 5th April 2005. Letter from Andrew Hall,l Kilbride View, Uddingston, G71 6RH received 5th April 2005. Letter from Mr James Thomson,l3 Kingsley Court, Uddingston, G71 6QH received 5th April 2005. Letter from Mr lan Cowan,l Dechmont View, Uddingston, G71 6LP received 5th April 2005. Letter from Frank Smythe,25 Osprey Drive, Uddingston, Glasgow, G71 6HU received 6th April 2005. Letter from Jim & Linda Michie,l6 Donald Way, Uddingston, G71 6QW received 6th April 2005. Letter from R Henderson,78 Hamilton View, Uddingston, G71 6QA received 6th April 2005. Letter from Elizabeth Murray,72 Osprey Drive, Uddingston, G71 6HZ received 5th April 2005. Letter from Mrs M McLevey,8 Pandora Way, Uddingston, G71 6QL received 6th April 2005. Letter from Mr James Smith,65 Osprey Drive, Uddingston, G71 6HU received 6th April 2005. Letter from Mrs Clare E L Acebbi,33 Hillcrest Road, Uddingston, G71 6QX received 7th April 2005. Letter from Philip Burke,2 Hillcrest Road, Uddingston, Glasgow, G71 6QZ received 7th April 2005. Letter from Stephen Morrison,6 Copperfield Lane, Uddingston, G71 6QU received 7th April 2005. Letter from John Kirkwood,l7 Kingsley Court, Uddingston, Glasgow, G71 6QH received 7th April 2005. Letter from Susan Kirkwood,l7 Kingsley Court, Uddingston, G71 6QH received 7th April 2005. Letter from Olive Thompson,9 Copperfield Lane, Uddingston, G71 6QU received 7th April 2005. Letter from Mr Hamilton,80 Hamilton View, Uddingston, G71 6QA received 7th April 2005. Letter from Owner/Occupier,27 Kingsley Court, Uddingston received 7th April 2005. Letter from J & G McGee, 9 Thorniewood Gardens, Uddingston, G71 6NQ received 8th April 2005. Letter from Owner/Occupier,7 Millgate Court, Uddingston, G71 7AE received 8th April 2005. Letter from Donald McGill,2 Thorniewood Gardens, Uddingston, G71 6NQ received 8th April 2005. Letter from WH Cosgrove,8 Athena Way, Uddingston, G71 6HW received 8th April 2005. Letter from D Stevenson,84 Hamilton View, Uddingston, G71 6QA received 8th April 2005. Letter from Malcolm G MacLachlan,23 Hamilton View, Uddingston, G71 6QG received 8th April 2005. Letter from Bjorn Aaen,l3 Lynnhurst, Uddingston, G71 6SA received 8th April 2005. Letter from Mr R Mclntosh,l Thorniewood Gardens, Uddingston, G71 6NQ received 8th April 2005. Letter from Mr D C Mitchell,30 Osprey Drive, Uddingston, G71 6HR received 8th April 2005. Letter from Margaret Jarvie,l6 Hillview Crescent, Calderbraes, Uddingston received 11th April 2005. Letter from Mary Patrick,25 Kingsley Court, Uddingston, G71 6QH received 1 Ith April 2005. Letter from Gabrielle Rice,6 Hillcrest Road, Uddingston, G71 6QZ received 1Ith April 2005. Letter from G Thomson, Finnart, 1 Ardgowan Drive, Uddingston, G71 6AE received 1Ith April 2005. Letter from D & E Maxwell,81 Calderbraes Avenue, Uddingston, G71 6EE received 11th April 2005. Letter from Robert Hutcheson,94 Hamilton View, Uddingston, G71 6QA received 11th April 2005. Letter from Linda Bryceland,l2 Copperfield Lane, Uddingston, G71 6QU received 1Ith April 2005. Letter from Mrs L Kerr,l Hamilton View, Uddingston, Glasgow, G71 6QB received 1Ith April 2005. Letter from Mr F Fisher,6O Hamilton View, Uddingston, Glasgow, G71 6QA received 11th April 2005. Letter from Miss K Montgomery, 10 Dechmont View, Uddingston, G71 6LP received 11th April 2005. Letter from Mrs Agnes C Burns,l Athena Way, Uddingston, G71 6HW received 1 Ith April 2005. Letter from Mr James Bryce,31 Kingsley Court, Uddingston, G71 6QH, received 11th April 2005. Letter from Paul Donnelly, Lynnhurst, Uddingston, G71 6SA received IIth April 2005. Letter from G Patrick,25 Kingsley Court, Uddingston, G71 6QH received 11th April 2005. Letter from George Zonfrillo, 70 Hamilton View, Uddingston, G71 6QA received 1Ith April 2005. Letter from Andrew MacNab, 25 Hillfoot Gardens, Uddingston, G71 6BN received 11th April 2005. Letter from Mrs Janette Bulloch,35 Pandora Way, Uddingston, G71 IQL received I lth April 2005. Letter from A Plenderleith,82 Hamilton View, Uddingston, Glasgow, G71 6QA received 11th April 2005. Letter from William & Mairi Kennedy,l4 Lynnhurst, Uddingston, G71 6SA received 1Ith April 2005. Letter from Mr E Thomson,lO Mossgeil Gardens, Uddingston, G71 6EP received 1Ith April 2005. Letter from Richard Baxter,20 Kilbride View, Uddingston, Glasgow, G71 6RH received 1Ith April 2005. Letter from Mr & Mrs McVey,9 Lynnhurst , Udingston, G71 6SA received 12th April 2005. Letter from Mr & Mrs W Barclay,6 Brooklands Avenue, Uddingston, G71 7AT received 12th April 2005. Letter from Mr & Mrs White,37 Kingsley Court, Uddingston, G71 6QH received 12th April 2005. Letter from John Conlon,79 Osprey Drive, Uddingston, G71 6HU received 12th April 2005. Letter from David Bennett,22 Croft Wynd, The Spiney, Uddingston, G71 7BJ received 12th April 2005. Letter from James Morrison,l4 Crofthill Avenue, Uddingston, G71 7AF received 12th April 2005. Letter from Mr James Devlin,l8 Kew Gardens, Uddingston, G71 6LT received 12th April 2005. Letter from Mr & Mrs Partlin,ll Crofthill Avenue, Uddingston, G71 7AF received 12th April 2005. Letter from John McKernan,l8 Norwood Terrace, Uddingston, G71 6HY received 12th April 2005. Letter from Owner/Occupier,19 Moray Gardens, Uddingston, G71 6EW received 12th April 2005. Letter from Susan Anne Potter And Raymond Chappell,ll Moray Gardens, Uddingston, G71 6EW received 12th April 2005. Letter from Mr & Mrs G Carson,l 1 Lynnhurst, Uddingston, received 13th April 2005. Letter from Alexander Faut,l9 Hillfoot Gardens, Uddingston, G71 6BN received 13th April 2005. Letter from Alex McHugh,3 Crofthill Avenue, Uddingston, G71 7AF received 13th April 2005. Letter from Alan Smith,75 Glencroft Avenue, Uddingston, G71 6BY received 13th April 2005. Letter from Susan Gray,l2 Cameron Drive, Tannochside, G71 6HS received 13th April 2005. Letter from Mr & Mrs J D Rankin,44 Calderbraes Avenue, Uddingston, G71 6EA received 13th April 2005. Letter from Annette Gough,67 New Edinburgh Road, Uddingston, G71 6AB received 13th April 2005. Letter from Mrs R McGuigan,5 Hamilton View, Uddingston, G71 6QB received 13th April 2005. Letter from Claire Kelly,31 Pandora Way, Uddingston, G71 6QL received 13th April 2005. Letter from A McCormack,21 Kingsley Court, Uddingston, G71 6QH received 13th April 2005. Letter from Alan McCartney,9 Cathkin Gardens, Uddingston, G71 6DS received 13th April 2005. Letter from C McGowan,7 Ardgowan Drive, Uddingston, G71 6AE received 14th April 2005. Letter from Mr C McGowan,7 Ardgowan Drive, Uddingston, G71 6AE received 14th April 2005. Letter from D Rankin & C Barie, 7 Corless Court, Uddingston, G71 7JW received 14th April 2005. Letter from Jim NOrtOn,35 Hillcrest Road, Uddingston, G71 6QX received 14th April 2005. Letter from Laura Black,62 Hamilton View, Uddingston, G71 6QA received 14th April 2005. Letter from Mairi A Morrison,l4 Crofthill Avenue, Uddingston, G71 7AF received 14th April 2005. Letter from Andrew Hall,l Kilbride View, Uddingston, G71 6RH received 14th April 2005. Letter from Elizabeth Murray,72 Osprey Drive, Uddingston, G71 6HZ received 14th April 2005. Letter from Margo Ward,6 Kilbride View, Uddingston, G71 6RH received 14th April 2005. Letter from lan & lsobel Cowan,l Dechmont View, Uddingston, G71 6LP received 14th April 2005. Letter from Mrs Mackenzie,34 Holmbrae Road, Uddingston, G71 6AN received 15th April 2005. Letter from J Beattie,23 Kingsley Crescent, Uddingston, Glasgow, G71 6QH received 15th April 2005. Letter from Gerald Gray,6 Almond Vale, Spindlehowe, Uddingston, G71 6QQ received 15th April 2005. Letter from Mr Frank Adams,5 Almond Vale, Uddingston, G71 6QQ received 15th April 2005. Letter from lain Stronach,l64 Calderbraes Avenue, Uddingston, received 15th April 2005. Letter from Ronald & Veronica Stronach,l6 Norwood Terrace, Uddingston received 15th April 2005. Letter from Miss Wilson,54 Hamilton View, Uddingston, G71 received 15th April 2005. Letter from J & A Henderson,71 Glencroft Avenue, Uddingston, G71 6BY received 15th April 2005. Letter from Ms M Henderson,58 Hamilton View, Uddingston, G71 6QA received 15th April 2005. Letter from lan Wilson,32 Holmbrae Road, Uddingston, G71 6AN received 15th April 2005. Letter from Mrs E T B Wilson,32 Holmbrae Road, Uddingston, G71 6AN received 15th April 2005. Letter from Elspeth Williams,l2 Lynnhurst , Uddingston, G71 6SA received 15th April 2005. Letter from Archie Williams,l2 Lynnhurst, Uddingston, G71 6SA received 15th April 2005. Letter from M & S Borthwick,41 Glencroft Avenue, Uddingston, G71 6EF received 18th April 2005. Letter from Mrs L McBride,9 Croft Wynd, Uddingston, G71 7BJ received 18th April 2005. Letter from Mrs L Campbell,8 Gartmore Gardens, Uddingston, G71 6EL received 18th April 2005. Letter from A M Findlay, Uddingston Community Council, 7 Brooklands Avenue, Uddingston, G71 7AT received 18th April 2005. Letter from Muriel McCandish,92 Hamilton View, Uddingston, G71 6QA received 18th April 2005. Letter from J Johnstone,l22 Calderbraes Avenue, Uddingston, G71 6ES received 18th April 2005. Letter from Andrew McCandish,92 Hamilton View, Uddingston, G71 6QA received 18th April 2005. Letter from lsabel Flemming,l5 Thorniewood Gardens, Uddingston, G71 6NQ received 18th April 2005. Letter from John Flemming,l5 Thorniewood Gardens, Uddingston, G71 6NQ received 18th April 2005. Letter from Mary R Lindsay,53 Osprey Drive, Uddingston, G71 6HU received 19th April 2005. Letter from M McAlavey,lS Saint John’s Boulevard, Uddingston, G71 7JF received 19th April 2005. Letter from A Burns,3 Osprey Drive, Uddingston, G71 6HR received 19th April 2005. Letter from D A Neillie,43 Woodhead Crescent, Uddingston, G71 6LR received 19th April 2005. Letter from Mr & Mrs Frank Higgins,22 Kew Gardens, Uddingston, G71 6LT received 19th April 2005. Letter from lan Hamilton,GAthena Way, Uddingston, G71 6HW received 19th April 2005. Letter from Leigh Williams,l2 Lynnhurst, Uddingston, G71 6SA received 19th April 2005. Letter from Matthew Gaffney,l8 Kilbride View, Uddingston, G71 6RH received 20th April 2005. Letter from Margaret Gaffney,18 Kilbride View, Uddingston, G71 6RH received 20th April 2005. Letter from Carol Smith,l2 Hillcrest Road, Uddingston, G71 6QZ received 20th April 2005. Letter from Owner/Occupier, 16 Crofthill Avenue, Uddingston, G71 7AF received 20th April 2005. Letter from Sheila Lindsay,4 Thorniewood Gradens, Uddingston, G71 6NQ received 20th April 2005. Letter from Mrs Janet Barr,3 Kilbride View, Uddingston, G71 6RH received 21st April 2005. Letter from Robert Barr,3 Kilbride View, Uddingston, G71 6RH received 21st April 2005. Letter from Jaqueline Donnelly,27 Hamilton View, Uddingston, G71 6QG received 21st April 2005. Letter from Mr Michael Currie,38 Talbot Terrace, Uddingston, G71 6ER received 21st April 2005. Letter from Craig & Fiona Borthwick,3 Kingsley Court, Uddingston, G71 6QH received 21st April 2005. Letter from W F McWilliams,71 Osprey Drive, Uddingston, G71 6HU received 22nd April 2005. Letter from C L McWilliams,71 Osprey Drive, Uddingston, G71 6HU received 22nd April 2005. Letter from Sam Stafford,66 Osprey Drive, Holmbrae, Uddingston, G71 6HZ received 22nd April 2005. Letter from Pamela D Stafford,66 Osprey Drive, Uddingston, G71 6HZ received 22nd April 2005. Letter from Niall Stafford,66 Osprey Drive, Holmbrae, Uddingston, G71 6HZ received 22nd April 2005. Letter from Mrs A McCabe Stevenson,9 Dechmont View, Uddingston, G71 6LP received 6th May 2005. Letter from Owner/Occupier,4 Lynnhurst, Uddingston, G71 6SA, received 25th April 2005. Letter from Owner/Occupier,4 Lynnhurst, Uddingston, G71 6SA received 6th May 2005. Letter from Christine Reid,30 Talbot Terrace, Uddingston, G71 6ER received 25th April 2005. Letter from James Hawthorn,8 Copperfield Lane, Uddingston, G71 6QU received 25th April 2005. Letter from Mrs K Nei1,47 Hillfoot Gardens, Uddingston, G71 6BN received 25th April 2005. Letter from Mr L A Maxwell,49 Hillfoot Gardens, Uddingston, G71 6BN received 25th April 2005. Letter from Mr G Handley,ll Dechmont View , Uddingston, G71 6LP received 25th April 2005. Letter from Ms A Handley,ll Dechmont View, Uddingston, G71 6LP received 25th April 2005. Letter from Mr J Nei1,47 Hillfoot Gardens, Uddingston, G71 6BN received 25th April 2005. Letter from Kenneth McCartney,35 Kingsley Court, Uddingston, G71 6QH received 25th April 2005. Letter from W.Reid,30 Talbot Terrace, Uddingston, G71 6ER received 25th April 2005. Letter from Gillian Kerd,30 Talbot Terrace, Uddingston, G71 6ER received 25th April 2005. Letter from Mr Andrew Miller,40 Hillcrest Road, Uddigston, G71 6QX received 28th April 2005. Letter from Mrs Jill Miller,40 Hillcrest Road, Uddingston, G71 6QX received 28th April 2005. Letter from Mrs V Maxwell,49 Hillfoot Gardens, Uddingston, G71 6BN received 25th April 2005. Letter from Mr & Mrs P E Currie,37 Osprey Drive, Uddingston, G71 6HU received 5th May 2005. Letter from Mr T Brown,39 Osprey Drive, Uddingston, G71 6HU received 4th May 2005. Letter from J Murray,lO Holmwood Avenue, Uddingston, G71 7AJ received 4th May 2005. Letter from Miss Jaqueline McDove,33 Osprey Drive, Uddingston, G71 6HU received 4th May 2005. Letter from Mr Richard G Gibson,9 Kirkview Gardens, Uddingston, G71 6RW received 3rd May 2005. Letter from Mrs Elaine Gibson,9 Kirkview Gardens, Uddingston, G71 6RW, received 3rd May 2005. Letter from Mr Matthew Carey,63 Osprey Drive, Uddingston, G71 received 26th April 2005. Letter from Ken & Joan Jackson,l 1 Glenacre Crescent, Uddingston, G71 6EJ received 3rd May 2005. Letter from Alistair Tweedie,2 Kirkview Gardens, Uddingston, G71 6RW received 3rd May 2005. Letter from Peter C & Fiona Cunningham,88 Calderbraes Avenue, Uddingston, G71 6ED received 4th May 2005. Letter from Mr M Cummings,76 Hamilton View, Uddingston, G71 6QA received 5th May 2005. Letter from Mrs M Cummings,76 Hamilton View, Uddingston, G71 6QA received 5th May 2005. Letter from Mr A Bradley,57 Glencroft Avenue, Uddingston, G71 6EF received 5th May 2005. Letter from Mr G Smith,6 Dechmont View, Uddingston, G71 6LP received 28th April 2005. Letter from Janice Hawthorn,8 Copperfield Lane, Uddingston, G71 6QU received 25th April 2005. Letter from J.Carmichael,34 Talbot Terrace, Uddingston, G71 6ER received 26th April 2005. Letter from Mr T Stanley,45 Calderbraes Avenue, Uddingston, G71 6EE received 25th April 2005. Letter from Mrs M Stanley,45 Calderbraes Avenue, Uddingston, G71 6EE received 25th April 2005. Letter from Eric Gilmour,3 Dechmont View, Uddingston, G71 6LP received 25th April 2005. Letter from Elizabeth Gilmour,3 Dechmont View, Uddingston, G71 6LP received 25th April 2005. Letter from J & G McGee,9 Thorniewood Gardens, Uddingston, G71 6NQ received 26th April 2005. Letter from Alison Dykes,l6 Dalveen Drive, Uddingston, G71 6BX received 26th April 2005. Letter from Heather Dykes,l6 Dalveen Drive, Uddingston, G71 6BX received 26th April 2005. Letter from Elizabeth Muir,5 Kilbride View, Uddingston, G71 6RH received 9th May 2005. Letter from Mrs Bridgeen Clark,l3 Hillcrest Road, Uddingston, G71 received 9th May 2005. Letter from James Boyle,34 The Cuillins, Uddingston, G71 6EY received 9th May 2005. Letter from Ms Sylvia Aitken,25 Hamilton View, Uddingston, G71 6QG received 5th May 2005. Letter from Mrs Philomena Bradley,57 Glencroft Avenue, Uddingston, G71 6EF received 5th May 2005. Letter from Mr P Clark,l2 Hillcrest Road, Spindlehowe , Uddingston received 10th May 2005. Letter from Linda Smart,8 Hamilton View, Uddingston, G71 6QA received 10th May 2005. Letter from Mrs Elizabeth Smith,6 Dechmont View, Uddingston, G71 6LP received 28th April 2005. Letter from Mr Kevin Gibson,29 Kingsley Court, Uddingston, G71 6QH received 6th May 2005. Letter from Fiona Clarke,74 Hamilton View, Uddingston, G71 6QA received 11th May 2005. Letter from Bryan Clarke,74 Hamilton View, Uddingston, G71 6QA received 11th May 2005. Letter from Tannochside Action Group,l2 Copperfield Lane, Uddingston, G71 6QU received 1lth May 2005. Letter from Mrs C McAlinden,64 Glencroft Avenue, Uddingston, G71 6EF received 1Ith May 2005. Letter from Mr Bryan McAlinden,64 Glencroft Avenue, Uddingston, G71 6EF received 1 Ith May 2005. Letter from Tracey McCusker,89 New Edinburgh Road, Uddingston, G71 6AB received 10th May 2005. Letter from C M Steven & Family,2 The Cuillins, Uddingston, G71 6EY received 13th May 2005. Letter from Mr And Mrs C Sinclair,3 Hamilton View, Uddingston, G71 6QB received 13th May 2005. Letter from Mr A Sommerville,l Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from Kim Sommerville,l Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from Nathan Sommerville,l Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from Moira Thomson,66 Hamilton View, Uddingston, G71 6QA received 13th May 2005. Letter from A Thomson,66 Hamilton View, Uddingston, G71 6QA received 13th May 2005. Letter from Mrs M Abercrombie,58 Glencroft Avenue, Uddingston, G71 6EF received 13th May 2005. Letter from Louise Wiggins,5 Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from Eileen Wiggins,5 Copperfield Lane, Uddingston, G71 6QU, received 13th May 2005. Letter from Denise Wiggins,5 Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from Mr Lindsay Wiggins3 Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from H & J Watson,71 New Edinburgh Road, Uddingston, G71 6AB received 13th May 2005. Letter from Mr I M Charlton,52 Glencroft Avenue, Uddingston, G71 6EF received 13th May 2005. Letter from Tannochside Action Group,l2 Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from Owner/Occupier,54 Glencroft Avenue, Uddingston, G71 6EP received 13th May 2005. Letter from R Anderson,l6 Thorniewood Gardens, Uddingston, G71 6NQ received 13th May 2005. Letter from Mr K. R. Warnock,l4 Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from Nicole Sommerville,l Copperfield Lane, Uddingston, G71 6QU received 13th May 2005. Letter from Mrs Denise McElroy,5 Dechmont View, Uddingston, G71 6LP received 13th May 2005. Letter from Linda Bell,lO Hillcrest Road, Uddingston, G71 6QZ, G71 6QZ received 17th May 2005. Letter from Owner I Occupier,24 The Cuillins, Uddingston, G71 6EU received 12th May 2005. Letter from Susan Liddle,2 Copperfield Road, Uddingston, G71 6QU received 15th May 2005. Letter from Brian Liddle,2 Copperfield Lane, Uddingston, G71 6QU received 15th May 2005. Letter from lftikhar Ahmed,56 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Naheed Ahmed,56 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Safia Ramzan,43 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Mussarat Ramzan,43 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Mohammed Ramzan,43 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Kirsteen Montgomery, 10 Dechmont View, Uddingston, G71 6LP received 17th May 2005. Letter from Mr John McElroy,5 Dechmont View, Uddingston, G71 6LP received 17th May 2005. Letter from Leslie Boyle,36 The Cuillins, Uddingston, G71 6EY received 17th May 2005. Letter from Maureen Cowan,24 Kew Gardens, Uddingston, G71 6LT received 12th May 2005. Letter from Mary Anne Carey,63 Osprey Drive, Uddingston, G71 6HU received 17th May 2005. Letter from Mrs Nicola Kane,6 Kilmory Avenue, Uddingston, G71 6LW received 17th May 2005. Letter from Mr Martin Kane,6 Kilmory Avenue, Uddingston, G71 6LW received 12th May 2005. Letter from Mr George Cowan,24 Kew Gardens, Uddingston, G71 6LT received 12th May 2005. Letter from Anne Baggley,4 Donald Way, Uddingston, G71 6QW received 12th May 2005. Letter from Maria Reilly,4 Pandora Way, Uddingston, G71 6QL received 13th May 2005. Letter from S Gemmell,5O Glencroft Avenue, Uddingston, G71 6EF received 12th May 2005. Letter from Andrew McVey,9 Lynnhurst, Uddingston, G71 6SA received 12th May 2005. Letter from Mrs R McGuigan,5 Hamilton View , Uddingston, G71 6QB received 15th May 2005. Letter from Raymond Robertson,88 Hamilton View, Uddingston, G71 6QA received 15th May 2005. Letter from Mrs Patricia McNair, received 15th May 2005. Letter from Miss T Hi11,6 Hamilton View, Spindlehowe, Uddingston, G71 6QA received 15th May 2005. Letter from Agnes Forrester,23 Ardgowan Drive, Uddingston, G71 6AE received 16th May 2005. Letter from J Kirkwood,l7 Kingsley Court, Uddingston, Glasgow, G71 6QH received 13th May 2005. Letter from Nazma Ramzan,l2 Donald Way, Uddingston, G71 received 17th May 2005. Letter from Tariq Ramzan,l2 Donald Way, Uddingston, G71 received 17th May 2005. Letter from Surya AIL47 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Kasim Ali,47 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Zafar Ali,47 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Azam Ali,47 Osprey Drive, Uddingston, G71 received 17th May 2005. Letter from Javid Sattar,l 1 Copperfield Lane, Uddingston, G71 received 17th May 2005. Letter from I Sattar,ll Copperfield Lane, Uddingston, G71 received 17th May 2005. Letter from Kashif Sattar,ll Copperfield Lane, Uddingston, G71 received 17th May 2005. Letter from Mrs J Callaghan,l Brightside Avenue, Uddingston, G71 7NF received 17th May 2005. Letter from Mr V Callaghan,l Brightside Avenue, Uddingston, G71 7NF received 17th May 2005. Letter from Mr T Brown,39 Osprey Drive, Uddingston, G71 6HU received 4th May 2005. Letter from Gilbert Dykes,l6 Dalveen Drive, Uddingston, G71 6BX received 4th May 2005. Letter from Catherine Williamson,2 Dechmont View, Uddingston, G71 6LP received 4th May 2005. Letter from A & P Fergus,4 Hamilton View, Uddingston, Glasgow, G71 6QA received 4th May 2005. Letter from Jean Dyles,l6 Dalveen Drive, Uddingston, G71 6BX received 4th May 2005. Letter from lain Hawthoin,8 Copperfield Lane, Uddingston, Glasgow, G71 6QU received 4th May 2005. Letter from Mr M Hughes,l7 Osprey Drive, Uddingston, G71 6HU received 4th May 2005. Letter from Mrs Jean Wilson,48 Buchan Street, Wishaw, ML2 7HU received 18th May 2005. Letter from Claire Maxwell,61 Osprey Drive, Uddingston, Glasgow, G71 6HU received 18th May 2005. Letter from Mrs Brown,73 Watling Street, Uddingston, Glasgow, G71 6DP received 18th May 2005. Letter from Mrs C Swann,l Kirkhill Road, Uddingston, G71 6BW received 18th May 2005. Letter from Angela Stuart,38 Hamilton View, Uddingston, G71 6QA received 18th May 2005. Letter from Owner/Occupier,l Kirkhill Road, Uddingston, G71 6BW received 18th May 2005. Letter from M Amjid,lO Kilmory Avenue, Uddingston, Glasgow, G71 6LW received 23rd May 2005. Letter from Sobia Amjid,lO Kilmory Avenue, Uddingston, Glasgow, G71 6LW received 23rd May 2005. Letter from Shada Amjid,lO Kilmory Avenue, Uddingston, Glasgow, G71 6LW received 23rd May 2005. Letter from A Sattar,lO Kilmory Avenue, Uddingston, Glasgow, G71 6LW received 23rd May 2005. Letter from R Amjid,lO Kilmory Avenue, Uddingston, Glasgow, G71 6LW received 23rd May 2005. Letter from Waqaj Amjid,lO Kilmory Avenue, Uddingston, Glasgow, G71 6LW received 23rd May 2005. Letter from J Wilson,65 New Edinburgh Road, Uddingston, G71 6AB received 19th May 2005. Letter from Mrs E & Mr J Lipowski,74 Osprey Drive, Uddingston, G71 6HZ received 19th May 2005. Letter from John Smyth,7 Lynnhurst, Uddingston, G71 6SA received 19th May 2005. Letter from Ann Smyth,7 Lynnhurst, Uddingston, G71 6SA received 19th May 2005. Letter from M. McLevey,8 Pandora Way, Uddingston, G71 received 31st May 2005. Letter from Mr T Brown,39 Osprey Drive, Uddingston, G71 6HU received 31st May 2005. Letter from lrene Quinn,79 Old Edinburgh Road, Uddingston, G71 6AB received 19th May 2005. Letter from John Quinn,79 Old Edinburgh Road, Uddingston, G71 6AB received 19th May 2005. Letter from John Quinn,79 New Edinburgh Road, Uddingston, G71 6AB received 19th May 2005. Letter from Kate Barrie,l5 New Edinburgh Road, Uddingston, G71 received 19th May 2005. Letter from Archie Williams,l2 Lynnhurst, Uddingston, G71 6SA received 20th May 2005. Letter from A & I Fairfull,38 New Edinburgh Road, Uddingston, G71 6BS received 18th May 2005. Letter from Mr & Mrs J Clark-Dick,89 Calderbraes Avenue, Uddingston, G71 6EE received 18th May 2005. Letter from Alistair Basset,21 Winton Gardens, Uddingston, G71 6AQ received 17th May 2005. Letter from Sheena Ralston,4 Dechmont View, Uddingston , G71 6LP received 24th May 2005. Letter from Douglas Ralston,4 Dechmont View, Uddingston, G71 6LP received 24th May 2005. Letter from Mr James Pollock,5 Cathkin Gardens, Uddingston, G71 6DS received 24th May 2005. Letter from Susan McMillan,24 Calderbraes Avenue, Uddingston, G71 6DU received 24th May 2005. Letter from David McMillan,24 Calderbraes Avenue, Uddingston, G71 6DU received 24th May 2005. Letter from Tracy Nicol,21 Laurel Gardens, Uddingston, G71 6SD received 24th May 2005. Letter from William Gilmour,7 Newton Drive, Uddingston, G71 6EU received 11th May 2005. Letter from Paul Duddy,6 Lynnhurst, Uddingston, G71 6SA received 24th May 2005. Letter from Mrs L Stevenson,7 Hamilton View, Uddingston, G71 6QB received 2nd June 2005. Letter from Alex Hamilton, 49 Woodhead Crescent, Uddingston, G67 6LR received 5th June 2005. Letter from A Neil MSP, Scottish Parliament, Holyrood, Edinburgh, EH99 1SP received 6th June 2005. Letter from Mrs Lyndsay J Mclntosh,35 Lynnhurst, Uddingston, G71 6SA received 26th May 2005. Letter from Ross Mclntosh,35 Lynnhurst , Uddingston, G71 6SA received 26th May 2005. Letter from Gillian Mclntosh,35 Lynnhurst, Uddingston, G71 6SA received 26th May 2005. Letter from Colin Blair,37 Lynnhurst , Uddingston, G71 6SA received 26th May 2005. Letter from Fiona Blair,37 Lynnhurst, Uddingston, G71 6SA received 26th May 2005. Letter from Janis And Euan Blair,C/o 37 Lynnhurst, Uddingston, G71 6SA received 26th May 2005. Letter from Chairperson, Tannochside Action Group, 12 Copperfield Lane, Uddingston, G71 6QU received 26th May 2005. Letter from Ms K Montgomery, 10 Dechmont View, Uddingston, G71 6LP received 21st June 2005. Letter from D J King,23 Clydeford Drive, Uddingston, Glasgow, G71 7DJ, received 28th June 2005. Letter from Margaret E Allan,9 Clydeford Drive, Uddingston, G71 7DJ received 4th July 2005. Letter from M A Smith,ll Clydeford Drive, Uddingston, Glasgow, G71 7DJ received 4th July 2005. Letter from Christopher McDonald,28 Clydeford Drive, Uddingston, G71 7DJ received 28th June 2005. Letter from Donna McDonald,29 Clydeford Drive, Uddingston , G71 7DJ received 28th June 2005. Letter from Anthony McDonald,28 Clydeford Drive, Uddingston, G71 7DJ received 28th June 2005. Letter from Elizabeth McDonald,28 Clydeford Drive, Uddingston, G71 7DJ received 28th June 2005. Letter from Clare McDonald,28 Cyldeford Drive, Uddingston, G71 7DJ received 28th June 2005. Letter from Ralph J Anderson,l5 Kylepark Avenue, Uddingston, G71 7DG received 28th June 2005. Letter from David & Elizabeth Fraser,l4 Crawford Crescent, Uddingston, G71 received 6th July 2005. Letter from Margaret C Haywood,l8 Rosefield Gardens, Uddingston, G71 7AW received 6th July 2005. Letter from Ewan Kirk,l Crofthill Avenue, Uddingston, G71 7AF received 11th July 2005. Letter from Colette Kirk,l Crofthill Avenue, Uddingston, G71 7AF received 11th July 2005. Letter from Gail Barclay,43 Hume Drive, Kylepark, Uddingston, G74 7DL received 13th July 2005. Letter from Mrs Morag Santoni,7 Croftbank Crescent, Uddingston, G71 7JD received 13th July 2005. Letter from Erik Morrison,l4 Crofthill Avenue, Uddingston, G71 7AF received 13th July 2005. Letter from R Armstrong,2 Prospect Avenue, Uddingston, G71 7AN received 13th July 2005. Letter from Alison Armstrong,2 Prospect Avenue, Uddingston, G71 7AN received 13th July 2005. Letter from Mr & Mrs Sara McKibbin,l8 Castle Gate, Uddingston, G71 7HU, received 21st July 2005. Letter from Mr Daniel Cree,l4 Clydeneuk Drive, Uddingston, G71 7SZ received 22nd July 2005. Letter from Paul Devlin,24 Douglas Gardens, Uddingston, G71 7HB received 22nd July 2005. Letter from Mrs P Young,3 Clova Place, Uddingston, G71 7BQ received 25th July 2005. Letter from Frank & Bridget Higgins,22 Kew Gardens, Tannochside, G71 6LT received 26th July 2005. Letter from J & A Fleming,71 North British Road, Uddingston, G71 7AD received 27th July 2005. Letter from Joe & Elizabeth Gove,2 Kew Gardens, Uddingston, G71 6LT received 1st August 2005. Letter from Mrs C Vass,l5 Station Way, Uddingston, G71 7BD received 1st August 2005. Letter from Bette Frood,lO Lairds Gate, Uddingston, G71 7HR received 2nd August 2005. Letter from Brian Gordons,46 Kew Gardens, Uddingston, G71 6LT received 2nd August 2005. Letter from Elaine Swan-Gordon,46 Kew Gardens, Uddingston, G71 6LT received 2nd August 2005. Letter from Dr A Jessop,26 Kylepark Crescent, Uddingston, G71 7DQ received 2nd August 2005. Letter from Mr R & Mrs S McKibbin,l8 Castle Gate, Uddingston, G71 7HU received 2nd August 2005. Letter from Ann Cumming,l8 Kylepark Crescent, Uddingston, G71 7DQ received 4th August 2005. Letter from Mrs S Mathieson,20 Kylepark Crescent, Uddingston, G71 received 4th August 2005. Letter from Mr & Mrs G McGowan,32 Kew Gardens, Uddingston G71 6LT received 8th August 2005. Letter from A Christie,7 Lairds Gate, Uddingston, G71 7HR received 8th August 2005. Letter from Mrs Moira Hannal,5 Moray Gate, Bothwell, G71 8BY received 9th August 2005.

Any person wishing to inspect these documents should contact Mr Alistair Maclean at 01698 302093. APPLICATION NO. S1051004361FUL

REPORT

1. Description of Site and Proposal

1.I The application site is situated between the M74 and New Edinburgh Road, bounded to the east by Spindlehowe Road and the west by Old Mill Road. The area extends to about 5.6 hectares and is gently undulating. There are many trees within the site, with the area adjacent to New Edinburgh Road being particularly well wooded. The site lies to the south of a residential area, however to the east is the Bison cement facility while the M74 and Uddingston to Bellshill railway lie to the south beyond the Myers Burn and significant numbers of trees.

1.2 The application is for the construction of an ‘Outdoor Family and Activity Centre’ comprising: 0 Construction of a quad and mountain bike track of over 2.6km in length weaving its way through the outer fringe of the wooded area then descending into an open area; 0 Skateboarding facility (concrete construction with timber half-pipes, ramps etc.) - free of charge; 0 Children’s play area (range of activities - not specified) - free of charge; 0 Development of a nature watch area (programme of guided walks for school children); 0 Ancillary car parking, portable office (portacabin), workshop, garage, refreshments / restrooms and general changing facilities.

1.3 The applicant also intends to implement: 0 Measures to prevent unauthorised vehicular access to the area; 0 Provide anti-vandal benches, shelters and dog bins; 0 Secure access to the railway for appropriate personnel; 0 Prevention measures to discourage drinking and drug taking; 0 Installation of CCTV to monitor approach to the M74 underpass.

1.4 It is the aim of the applicant to become a recognised induction training centre for young enthusiasts

1.5 Access to the proposed development would be from Spindlehowe Road some 100 metres from its junction with New Edinburgh Road. Parking is proposed for 18 cars, adjacent to the road. Beyond this, two containers are proposed for storage - these are standard 9.6 metre long steel road containers - and office and changing facilities provided in two portacabins 8.63 metre in length. This area would also contain the skateboard track and children’s play area.

1.6 A background paper giving details of the proposal and a Noise Survey were submitted by the applicant, followed by a further Noise Survey at a later date.

1.7 The applicant intends to operate the main complex area from Ilam to 9pm while in the winter months operations will be governed by daylight hours. The purpose of the quad bike section of the facility is to train young riders of 5-12 years to become competent and safe riders.

2. Development Plan

2.1 The application is not of strategic significance in Structure Plan terms.

2.2 The area is zoned as public open space in the Uddingston - Tannochside Town Map. 2.3 The site is within the Green Belt in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policy ENV6 ‘Green Belt’ states that there will be a presumption against development with a number of exceptions which includes outdoor leisure and recreation. Policy ENV5 ‘Assessment of Environmental Impact’ states there will only be a presumption in favour of development where it can be clearly demonstrated that the proposal is not likely to inflict an unacceptable impact on the environment. A number of criteria are listed including the suitability to the character of the area; landscape and visual impact; extent of traffic generation, noise, dust, pollution, flood risk and interference; loss of natural habitat; and loss of urban space. Under Policy L2 ‘Leisure Development’ the Council seeks to encourage and support the provision of a suitable quality and range of leisure development. In assessing proposals the Council will consider the extent to which the proposal meets an identified shortfall in provision; the impact on landscape character, visual amenity and important habitats; impact on the character and amenity of adjoining properties and the surrounding environment. Policy CS4 ‘Assessing Applications for Community Facilities’ is also relevant in that the Council shall consider the extent to which the proposals meet a shortfall in provision; the suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment.

3. Consultations and Representat ions

3.1 One consultee objected to the development, however a number of others expressed concerns: SNH consider that the development could have adverse impacts on locally important natural heritage interests. They suggested conditions to cover a survey for species that receive statutory protection, particularly badgers and bats; appropriate screen planting; and any tree or shrub vegetation removal to take place outwith the bird breeding season. SEPA raised concerns about foul and surface water drainage; protection of existing watercourses; accidental spillage of oils and fuels from refuelling and fuel storage areas; and the types of materials. Scottish Water objected as the provision of infrastructure is likely to be beyond reasonable costs, however they indicated that they would withdraw the objection if the developer can demonstrate otherwise. Scottish Gas require to be contacted before work starts on site. Network Rail requires their current access point to remain unaffected. Strathclyde Police observed that there were incidences of graffiti, vandalism, illegal drinking and fly tipping. The Head of Sport, Parks and Transport expressed concerns about segregation of walkers and bikers; recommended a full badger survey be undertaken; the Myers Burn be buffered along its length; and requested detailed plans showing play area, skate park, path layout, surface, width and drainage; and maintenance regimes for the nature trail. Protective Services were of the opinion that the noise survey was inadequate and there was no adequate evidence to show it had been taken from the correct location/s. One of the surveys was conducted using one quad bike with snow on the ground while there is dubiety whether the other was conducted using a number of quad bikes.

3.2 Three hundred and fifty letters of representation were received, all objecting to the development. These include a number of pro forma letters as well as individual letters of objection. A petition against the development with 940 signatures was also received. With such a range of objections it is only feasible to produce a list of the main points raised. I have grouped these under headings, but this does not signify any order nor amount of objections to particular aspects.

(i) Plans I Supporting Information Not professional; Lacking in detail; Constantly changing; Inaccurate statements in submission; Non-compliance with General Development Procedure Order regulations in that they have not shown notified neighbours on a plan; Contrary to Local Plan I Structure Plan; Photographic evidence submitted is out-of-date and does not reflect condition of land; Application should be advertised in local newspapers.

(ii) Traffic Infrastructure cannot cope with additional traffic; Increase in traffic; Concerns for pedestrian safety; Increase in congestion at Old Mill Road and Holmbrae Road junctions with New Edinburgh Road; Public transport links totally inadequate; Increased levels of traffic would impinge on NLC Walk to School initiative; Danger to safety of children using this route to school; Increase in parking in nearby residential area; Inadequate parking; Access for emergency vehicles in event of an accident at New Edinburgh Road and Spindlehowe Road leading to closure of road; To attract and encourage youths and young children to a development between a railway line, motorway, and a very busy road is irresponsible and inviting disaster; Bison cement lorries using road; Noise from vehicles and trailers; Distraction to traffic driving along M74.

(iii) Noise Horrendous; On-going at all hours; Tree planting has provided a natural sound barrier; High pitch sound generated will not be ignored so easily; Exacerbate noise from M74; Noise Survey inadequate - on bike in snow conditions; Unacceptable; Unbearable - even indoors; Disturbance to church services (St John’s Church); No measures to provide adequate screening

(iv) Pollution Off-road vehicles not subject to emissions standards; Increase in air pollution; Increased emissions; Air quality; Flood-lighting; Malodorous; Copious amounts of CO2, NO, H2S03, suspended particulates; Increased levels of COn emissions and other exhaust fumes; Fuel pollution; Site formerly a bing - proposal could release toxins and create a serious public health risk; Dust; Have chemical analysis of top and sub soils been undertaken?; Pollution of the Myers Burn with spilled hydrocarbons and eroded soil; Smells from fast food outlets

(v) Landscape Removal of trees, shrubs and bushes; Contrary to NLC policy of sustaining the environment; Contrary to Local Agenda 21 - Sustainability Principles Guide; Contrary to Open Space Strategy

2004 - Sustainable Management, Recommendation 7 ‘I,. . maximising the potential benefits that open spaces can provide”; Fall foul of NPPGI 1 - Sport, Physical Recreation and Open Space ‘I.. . protection of Open Space, address deficiencies, enhance existing provision, create new open space; Contrary to PAN 65 - Planning and Open Space; Desecration of Green Belt; Closure of right of way; Pleasant barrier of established trees, plants and wildlife will be affected; Erosion would be extensive; Damage to the environment; Contrary to Strathclyde Corridor Scheme; Contrary to NLC site acceptability standard as detailed in Land Use Consultants report of July 2003.

(vi) Amenity Spoil quiet and peaceful atmosphere; Would affect ability to enjoy gardens of existing houses; Not in keeping with residential area; Not be located in residential area; Seriously affect quality of life; Too close to residential area; Regular walking trail; Not in keeping with vision of Uddingston as a desirable place to live and work; In the wrong place; Visual impact; The proposed buildings - garages, portacabins, offices, workshops, restroom, refreshment building and hard-standing areas not in keeping with area; The Myers Burn overflows in times of spate or heavy rain leading to foul smells - not the place to site a Family Leisure Centre.

(vii) Nature I Wildlife Would be affected I displaced; Loss of woodland will affect wildlife inhabiting the site; Area is densely populated with foxes, bats, voles, hedgehogs, squirrels, weasels, stoats etc.; Any protected species of animals or plants?; Protection of biodiversity and promotion of nature conservation; Have Scottish Wildlife Trust been consulted? (viii) Existing SportlLeisure Facilities At A8 -would be more suitable site as already a scar on landscape; Harthill, received NLC funding; Strathclyde Park; Sufficient leisure facilities in area - Birkenshaw Sport Barn, Viewpark community centre, Bellshill baths, Jock Stein sports barn, Cardinal Newman sports hall & gym, Uddingston Grammar sports hall & gym, Showcase cinema & bowling, Uddingston rugby, cricket, hockey & squash club, Uddingston tennis club, Bellshill golf club, Bothwell golf club, various parks and football pitches; No positive health benefits - does not have health benefits of swimming pool or cycleway;

Anti-Social Behaviour / Security Catalyst for an increase in disorder, vandalism and opportunist crime; Increase in undesirables; Similar problems to Fallside Nature Park; Problem policing the area after it closes; Provision of shelters and seats would encourage anti-social behaviour; Skate board facility in Blantyre had robust site security, multiple incidents had occurred; Increase in loitering in the approach to M74 underpass; Graffiti increase; Increase in opportunist crime; Increase in youth disorder. Security of the area - how to prevent unauthorised use of the area /track?; CCTV system

Reduction in Property Value Will reduce tax band level with subsequent loss of revenue to the Council; Detrimental to house prices in area

(xi) Safety Risk Health & Safety matters; First Aiders required

(xii) Environmental Assessment Required: Noise pollution; Air quality; Loss of amenity; Traffic; Habitat loss; Impact on protected flora and fauna; Visual impact; Loss of open space I greenspace; Design quality

(xiii) Company /Applicant Has no track record; To what extent are they qualified to work with young children; How can it be a profitable venture as only proposes to charge for limited activities.

(xiv) Suggested Conditions if Granted Hours of business restricted to 1Oam to 6pm; Screen planting and fencing erected to reduce visual impact; Screen planting should be of such a type to provide an appropriate sound barrier during construction and operation of the development; Provision should be made for additional infrastructure, parking and litter collection as appropriate to the anticipated levels of use of the family activity park; The approach to the underpass at the M74 should be monitored to ensure that members of the public are not discouraged from using this pedestrian route. To include CCTV to ensure public confidence in safe use of the pedestrian walkways.

Others Will deter further investment in area; Will need to be determined by Scottish Ministers as Council has an interest in the land; Precedent for similar applications; Precedent for change to this proposal; No over-riding justification; Difficult to stop future development; Rodent infestation from refreshment facility; Grave doubts as to sustainability - would leave an unwanted eyesore, could lead to further development;

3.3 It should be noted that a number of objectors have requested a Site Visit and Hearing be held.

4. Planning Assessment

4.1 Considering firstly the Development Plan. As stated in Section 2 above the development is of no significance in Structure Plan terms. The Uddingston - Tannochside Town Map has no policy background nevertheless I am reasonably content that the proposal fits with the zoning. The proposal fits with Policy ENV6 of the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) however Policies ENV5, L2 and CS4 need to be considered when assessing the application.

4.2 Policy ENV5 states that there will only be a presumption in favour of development where it can be clearly demonsrated that the proposal is not likely to inflict an unacceptable impact on the environment. The site of the proposed development forms an important green wedge between the M74 and the housing development which bounds the site on the northern side on New Edinburgh Road. At present it forms a pleasant green space and a significant habitat for wildlife. The proposal would spoil the character of the area by restricting enjoyment of the present facility which the site provides. The landscape would be harmed by the provision of hardstanding for buildings, as well as the buildings themselves which are not designed in sympathy with a Green belt area and would therefore present an unacceptable visual intrusion. The noise levels would be significant at a different pitch from the background M74 noise and would be closer to development on the northern side of New Edinburgh Road thereby reducing the occupiers’ enjoyment of their property. Some clearance of vegetation would be inevitable to create hardstanding etc. which would lead to some loss of natural habitats and it is likely that the development would have an adverse affect on protected species.

Policies L2 and CS4 To encourage and support the provision of a suitable quality and range of leisure development, taking account of the extent to which the proposal meets an identified shortfall in provision and the impact on landscape character.

Visual amenities, important on habitats impact on the character and amenity adjoining properties and surrounding environment.

No evidence has been produced to show that the proposal meets an identified shortfall in provision. There is an existing quad bike facility at Harthill which does provide the training proposed under this application. No supporting letters from community groups, which might be expected for such a proposal, have been forthcoming either from the applicant or sent independently. The proposal would have an adverse impact on landscape character and amenity and important habitats as well as on the character and amenity of adjoining properties and the surrounding environment for the reasons outlined above.

4.3 Turning to the objection letters. Again, it is only feasible to consider a list of the main points raised. I deal with these under the headings in para 3.2 above.

(0 PlanslSupporting Information The plans and supporting information do lack a number of details however I consider them adequate to make a recommendation on the application. Development Plan matters are dealt with in paras 2.3, 4.1 and 4.2 above. The application was advertised.

(ii) Traffic The Transportation Team Leader had little adverse comments on the proposal, although he does recommended an increase in parking provision. Traffic levels generated by this development are unlikely to cause significant problems at a traffic light controlled junction. The development is generally remote from the M74 being a minimum of 50 metres from the hard shoulder separated by trees and the Myers Burn. I agree that attracting youths and young children to an area bounded by a busy road (with a 40mph speed limit), railway line and motorway may not be ideal.

(iii) Noise Two noise surveys were produced; both dealing with combustion engined bikes as opposed to electric bikes. While the noise from the M74 is significant and omnipresent the noise from quad bikes is at a different pitch and would not be so easily ignored. In addition the peak times for the proposed facility would be after school, evenings and weekends, largely coinciding with times when people are not at work and wishing to enjoy the benefits of their gardens, etc.

Pollution While there would be an increase in air pollution it is doubtful if this would be significant given the site’s nearness to the M74. SEPA raised many of these concerns in their consultation response (see para 3.1 above).

Landscape The destruction of trees is stated in the applicant’s report to be minimal, however, I am concerned that there would be erosion and there would be loss of vegetation in the area where the buildings etc. are to be placed.

Am en ity I have sympathy with the view that the proposed development is in the wrong place. Despite the omnipresent noise from the motorway, the site creates a landscape wedge between the motorway and the built-up area north of New Edinburgh Road, this landscape wedge continuing eastward to the Bellshill by-pass. To introduce a noise-creating development into this area would disturb the continuity of the landscape wedge. There would be conflict between walkers wishing to enjoy the naturalised area and the proposals. The visual impact would be relatively minimal viewed from New Edinburgh Road as the proposed buildings would be screened by existing vegetation and situated in the area opposite the cement works.

(vii) Nature / Wildlife SNH considered the development could have adverse impacts on locally important natural heritage interests but could be reduced to a satisfactory level through the imposition of strict conditions if the application is granted. They added that the area could provide habitats for protected species and that the scrub woodland provides appropriate nesting sites and expressed concern that the development might impact on the riparian zone of the Myers Burn.

(viii) Existing SpodLeisure Facilities While none of the nearby facilities mentioned provide the type of development proposed here, the development does have a parallel at Harthill which is operational. There is also an unofficial track near Bargeddie. While a small number of people may walk to a facility at this location, to be a paying proposition relatively high numbers will be required of whom most will be taken by car, in which case Harthill is relatively close, being only about 15 minutes away.

(ixi) Anti-Social Behaviour There is no outright evidence to support the views that the development would increase anti- social behaviour, contrarily the development may help to reduce some incidences, however, there are concerns that once closed in the evening the development may attract such behaviour and would be difficult to police.

Property Values This cannot be considered as a legitimate reason for refusal under planning.

Safety Risk The applicant states that the development will accord with all Health and Safety requirements and First Aiders will be present when the development is open.

(xii) Environmental Assessment This was given careful consideration but it was considered the development does not fall within the relevant Schedules. (xiii) Company I Applicants While the issues raised are not strictly those that can be considered under a planning application I do share concerns about the ability of the applicant to succeed in developing or continuing the business.

(xv) Others I have sympathy with the doubts over sustainability and the concern over the potential for future, inappropriate development. These points are generally covered in points raised above or in the following paragraphs.

5. Conclusions

5.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. In this instance the development is not contrary to the development plan in terms of zoning, however, all development also needs to be considered under a number of policies in the development plan, in this case, the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) as detailed in para. 2.3 above. Under Policy ENV5 I consider the proposal would be likely to inflict an unacceptable impact on the environment. Under Policies L2 and CS4 I consider the proposal would not meet an identified shortfall in provision; would impact on landscape character, visual amenity and important habitats; and on the character and amenity of adjoining properties and the surrounding environment.

5.2 It is clear from the number of objections that the local people see this area as an important green wedge within the area, providing a physical barrier from the M74 to development in the Calderbraes area. While it is not practical to map all the objectors it is clear that the majority of objections are from the local area both north and south of the motorway. The petition against the development raised 940 signatures while the number of individual letters numbered 350. While there will be overlap between the petition and individual letters it is not practical to match these up, nevertheless, it is clear there is a substantial body of people who clearly do not wish this development to proceed on this site.

5.3 As part of the proposal the applicant suggests using electric quad bikes. While this is likely to reduce noise, if permission were granted and restricted to electric bikes it would be extremely difficult to enforce that only electric bikes were used. Additionally, this is only one aspect of the application.

5.4 While a number of issues raised cannot be dealt with under the Planning Acts there are many issues raised which are valid planning objections. These have been dealt with above. In balance, having considered the objections raised and considered the policies in the Development Plan I recommend that permission be refused.

Note: If the committee is minded to grant consent the application will require to be referred to the Scottish Ministers as the Council owns the application site and there has been a significant number of objections. Application No: S/05/00918/FUL

Date Registered: 1-l th May 2005

Applicant: D W Builders Clo W H Dickie 77 Hamilton Street Motherwell ML13DG

Agent W H Dickie 77 Hamilton Road Motherwell MLI 3DG

Development: Erection of II No Flatted Dwellinghouses

Location: 14 Hill Street Wishaw Lanarkshire ML2 7AA

Ward: 8 Stewarton Councillor John Moran

Grid Reference: 279504 6551 26

File Reference: S/PL/l0/33/HMG

Site History: No Planning Applications of Relevance

Development Plan : The site is covered by Policy RTL 5 Town Centre Areas in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

The site is zoned as Business Use in the Burgh of Motherwell and Wishaw Development Plan 1953.

Contrary to Development Plan: 'Yes

Consultations: Transportation (Objection) Scottish Environment Protection Agency (No Response) Scottish Water (Comments) Transco (Com ments) Scottish Power (Com ments) Strathclyde Fire Brigade (Southern) (No Objection) Head of Protective Services (Com ments) Leisure Services (Comments)

Representations: None

Newspaper Advertisement: Advertised on 9th June 2005

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, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

Reason: To ensure the site is free of contamination.

3. That before the first flat is occupied, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

4. Notwithstanding the details shown on the approved plans, a 1 metre high boundary wall shall be constructed along the frontage of the site at Hill Street, details of which shall be submitted to, and approved in writing by the Planning Authority.

-. ~ Reason: In the interests of amenity of the future residents.

5. That before any of the flats hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall as shown on the approved plans and as required by conditions (3) and (4) above, shall be erected.

Reason: To safeguard the residential amenity of the area.

6. 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.

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

7. That the proposed location of all lighting apparatus, shall be submitted to, and approved in writing by the Planning Authority.

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

8. That before the development hereby permitted starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems.

Reason: To safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.

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

Reason: To ensure the provision of satisfactory drainage arrangements.

10. That before the development hereby permitted starts, a scheme of landscaping for the areas marked GREEN on the.approved plans, shall be submitted to and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of trees 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 to be removed and details of those to be retained, and measures for their protection in the course of development, and (d) details of the phasing of these works. (e) details of tree planting along the north western boundaries with St Andrew's Episcopal Church and land to the rear of 39 Belhaven Terrace.

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

11. That prior to the occupation of the last 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 10 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 residential amenity.

12. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to,' ancf'approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas and parking areas shown on the approved plans.

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

13. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 12 shall be in operation.

Reason: To ensure proper maintenance of the area

14. That no trees shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing by the Planning Authority.

Reason: In the interests of nature conservation and visual amenity of the surrounding area.

15. That before any flat within the development hereby permitted is occupied, a 5.5 metre wide dropped kerb footway arrangement shall be provided at Hill Street, to the satisfaction of the Roads Authority.

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

16. That no flat shall be occupied until the access roads, parking, manoeuvring areas and footways leading thereto from the existing public road have been constructed to base course level.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 17. That before the last flat hereby permitted is occupied, all roads, parking, manoeuvring areas and footways shall be completed to final wearing course.

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

18. Notwithstanding the details shown on the approved plans, the secondary vehicular access to the west of the application site, shall be a minimum of 5.5 metres wide.

Reason: To ensure satisfactory vehicular access to the dwellings.

Background Papers:

Application form and plans received 11th May 2005 and 30thAugust 2005.

Letter from Transportation received 25ithJuly 2005

Letter from Scottish Water received 30th June 2005 Letter from British Gas received 14th June 2005 Letter from Scottish Power received 28th June 2005 Letter from Strathclyde Fire Brigade (Southern) received 20thOctober 2005 Letter from Head of Protective Services received 1gth October 2005 Letter from Community Services received 11 th October 2005

Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01698 302132. APPLICATION NO. S/05/00918/FUL

REPORT

1. Description of Site and Proposal

1 .I The application site is a vacant single storey former post office building at 14 Hill Street Wishaw. The site covers an area of approximately 0.2 Ha and there is an area of trees and overgrown vegetation to the rear of the site. St Andrew's Scottish Episcopal Church lies to the north west of the site, a three storey traditional tenement style building and small commercial units to the south west, service access for Main Street properties to the north east, and an overgrown tree and shrubbed area directly to the west. Additionally, a number of Main Street properties back directly onto the site.

1.2 The applicant, D.W Builders, proposes to construct two flatted three storey residential blocks comprising of a total of 11 dwellings. One of the flatted blocks fronts directly onto Hill Street and this comprises of 4 two-bedroom flats and 1 one-bedroom flat. This has a pend access to the second block, which is located at the rear of the site. The second flatted block comprises a total of 6 two-bedroom flats. The materials to be used shall be concrete roof tiles with facing materials comprising of render finish, facing brick base course and reconstituted stone quoins, details of which have to be agreed. All vehicular and pedestrian access shall be from Hill Street, however the applicant has stated that there is an additional right of access from the telephone exchange. This access does not form part of the proposed development, however the applicant has stated that this will be maintained as an emergency access.

2. Development Plan

2.1 The site is zoned as Business Use in the Burgh of Motherwell and Wishaw Development Plan 1953.

2.2 The application site is covered by Policy RTL 5 Town Centre Areas in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Policy RTL 5 states that the Council will seek to protect and enhance the retail and commercial function of the town centre. In this instance Policy HSG 11 lnfill Housing Development applies to this proposal. Given the age of the adopted local plan, more weight will be given to the emerging local plan. . ...

3. Consultations and Representations

3.1 There have been no letters of representation received following the neighbour notification procedure and press advertisement in relation to this application.

3.2 My Transportation Section have commented that there is a right of access at the neighbouring BT site, however they stated that this cannot be guaranteed that this shall be available at all times for refuse and emergency vehicles. Furthermore, they stated that a commercial turning area should be provided within the application site to allow the refuse and emergency vehicles to enter and leave in forward gear, however they consider that this is not achievable due to the physical constraints of the site.

3.3 My Protective Services have commented that a site investigation survey and noise impact assessment should be submitted. They also commented that the construction hours for noise producing works should be limited and suitable dust suppression measures should be put in place. 3.4 NLC Community Services have commented that there is insufficient landscape design information to be considered and further information would be required to determine the acceptability of the proposed scheme.

3.5 Scottish Water have objected to this application stating that there are capacity issues at Carbarns Wastewater Treatment Works. However, they have no objections if the developer can demonstrate that suitable water infrastructure can be put in place to support the development.

3.6 Scottish Power and Transco have made comments in relation to this application and have no objections subject the appropriate measures to protect their apparatus.

3.7 Strathclyde Fire Brigade have no objections to the proposed development.

4. Plannina Assessment and Conclusions

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

4.2 The main consideration in the determination of this application is that the proposal is contrary to Policy RTL 5 Town Centre Areas in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). The local plan policy, as discussed in Paragraph 2.2 above, seeks to protect and enhance the retail and commercial function of the town centre area, with particular regard to encouraging Class 1 retail floorspace. The policy also states that changes of use to residential or on suitable gap sites will also be encouraged, where appropriate. In this instance, the site comprises of a vacant post office building and an overgrown grassland area. Parts of the site have been overgrown for some time and the former Post Office has been vacant for over 5 years. The site is not located on the Main Street frontage of the town centre and a mix of uses can be found in this area. It is therefore considered that the principle of residential development on this particular infill site would be acceptable.

4.3 Policy HSG 11 lnfill Housing Development in the Southern Area Local Plan Finalised Draft indicates the criteria required to be taken into consideration when determining the acceptability of infill residential development on suitable gap sites. This policy requires consideration of the impact of the proposal on the character and amenity of the surrounding area, the scale and dimensions of the site and the vehicular and parking arrangements. While the development has an area of land for amenity space, the proposal does not meet the Council’s Open Space Guidelines in terms of open space per dwelling. However, the guidelines could not be achieved as a result of the physical dimensions of the site. The proposed development will include landscaping and it is considered that it will improve the general character of Hill Street. There will be no significant impacts on any of the neighbouring properties, in particular the adjacent tenement building. The proposed development is also at a town centre location and I am satisfied that a reduced level of open space is acceptable in these circumstances.

4.4 A further local plan policy of relevance to this proposal is Policy TRI 3 Assessing the Transport Implications of Development. This policy relates to the criteria relating to vehicular and pedestrian considerations for any development proposals. Access arrangements, parking and turning for the proposed residential properties are considered acceptable by my Transportation Section. However they have objected to the proposal in terms of access for refuse and emergency vehicles. Strathclyde Fire Brigade have no objections to the proposed development subject to a 5.5 metre wide secondary access to the rear of the site for emergency vehicles. This matter has been addressed by a planning condition. It is considered that the proposal generally meets the criteria contained within this local plan policy and the site would not be able to accommodate any significant development whilst providing commercial standard turning facilities. I am satisfied that the development proposed is acceptable at this particular location. ',' My Transportation Section noted that should the application be granted, a 5.5 metre wide dropped kerb arrangement should be provided at Hill Street. This matter may be satisfactorily addressed by a planning condition.

4.5 With regards to the responses received from other consultees such as Scottish Water, NLC Community Services and Protective Services, all matters may be addressed through the imposition of planning conditions. My Protective Services Section commented that a noise impact assessment should be submitted as the proposal is in close proximity to commercial and industrial premises. However, given the town centre location and the proposed site layout, it is considered that a noise impact assessment would not be required in this instance.

4.6 In conclusion, the proposed residential development is contrary to local plan policy RTL 5 Town Centre Areas. However, following consideration of the proposal in terms of the location of the site, the mix of uses in the vicinity and the physical dimensions of the site, it is considered that the proposal is an acceptable departure from the Local Plan. The development is considered acceptable in terms of design, scale, layout and the impact upon the character and amenity of the neighbouring properties. It is therefore recommended that planning permission be granted subject to conditions. Application No: S/05/01159/FUL

Date Registered: 15th September 2005

Applicant: Heather Gierthy & Scott Penwarden 134 Netherton Road Wishaw Lanarkshire ML2 OAR

Development: Part Change of Use of Premises to A Form Dog Breeding Business ( In Retrospect)

Location: 134 Netherton Road Wishaw Lanarkshire ML2 OAR

Ward: 13 Muirhouse And Netherton Councillor Gerard McLaughlin

Grid Reference: 2781 04 654530

File Reference: SlPLlBll IlSlEML

Site History: 392/77 Erection of Double garage granted 1111 1/77 96/84 Change of use from house to “Eventide Home” granted 19/4/84 41 2/84 Two storey extension to House (change of use not Implemented at that time) granted 2711 2/84 04/0159O/FUL Change of Use from Nursing Home to Dwellinghouse granted 11 /I 0/04

Development Plan: Policies HSG8 (Established Housing Areas) and RTL 11 (Bad Neighbour Development) of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) apply.

Contrary to Development Plan: Yes

Consultations: None

Representations: Three Letters of Representation

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reason:-

1) The part change of use to a dog breeding business would have an unacceptable negative impact on the residential amenity of the neighbouring properties and as such is not considered an appropriate use for an established housing area, the development therefore fails to meet the criteria set out in Policies HSG8 and RTLII of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004). PLANNING APPLICATION NO. S/05/01159/FUL M bmmmuncli mmwam ~~i~~nt tb*U"en PART CHANGE OF USE OF PREMISES TO FORM SAqKOI RmiwHua 2TwuR-d DOG BREEDING BUSINESS DrmsmLyIuu OTIJW 134 NETHERTON ROAD, WISHAW Tebphm OlZU6iQIO FarO

Application form and plans received 6th July 2005

Memo from Transportation Manager received 19th October 2005 Memo from Head Of Protective Services received 27th September 2005

Letter from Mr Patrick Cassidy, 136 Netherton Road, Wishaw, ML2 OAR received 11th July 2005. Letter from Mr Robert Winsborough, 132 Netherton Road, Wishaw, ML2 OAR received 12th July 2005. Letter from J & E McKenna, 135 Netherton Road, Wishaw, ML2 OAR received 19th September 2005.

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 302134. APPLICATION NO. S/05/01159/FUL

REPORT

1. Description of Site and ProDosal

1.I This planning application seeks retrospective permission for a part change of use of domestic premises to form a dog breeding business at 134 Netherton Road, Wishaw. The property is a two storey semi- detached dwelling located on the north side of Netherton Road. The site is surrounded by residential properties to the west, east and south. To the north lies Netherton Industrial Estate.

1.2 The dogs are currently kept both in the house and in an outbuilding that has been converted to kennels.

1.3 The applicant has supplied a letter stating the current situation with respect to the business be as follows:

At present the intention and future plans are to remain with two breeds of dogs, in particular; Old English Mastiff and King Charles Spaniel. The present number of breeding bitches sits at 3 of which there are two King Charles and one Mastiff bitch. It is proposed to increase the stock by 1 Mastiff bitch. The Mastiff dogs are family pets and housed within the home; this will not change in the future. The King Charles dogs are housed during the night within a tiled room within the house, and during the day are housed in the outhouse and run at the bottom of the garden. The outhouse has been constructed in brick and has been outfitted with electricity. These areas will be utilised for litter housing as they have been outfitted for this aim. The dogs are sold to the public who visit the premises at sociable times by appointment only. The amount of people is unquantifiable due to the variable size of a litter. The current status is usually that the person coming to visit is vetted prior to coming to the premises in order to limit the number of people visiting thus reducing any possible disturbance. It should also be noted that the house has a substantial parking area and it is envisaged that people purchasing a dog will arrive at allotted times in order to ensure that there is no vehicular issues. Noise reductions are completed by housing the pups and dogs within the house for the Mastiff breed. As for the King Charles breed, at present the applicant houses the dogs inside between 8pm and 8am as to reduce any disturbance, which the applicant states is minimal. The future plan by the applicant is to house the dogs in the outhouse, due to its construction and insulation added the applicant submits that this will ensure noise is kept to a very minimum. Anti-barking collars are available to use when needed. Smell should not be an issue. The Mastiff breed are kept as family pets, and the King Charles dogs are cleaned and disinfected out on a daily basis. Due to the low number of dogs there should not be an odour issue on the site or for any of the adjacent properties. 0 Commercial deliveries are not applicable, any deliveries are utilised using the family car. a Breeding takes place as per natural occurrences, as the dogs come into season they are usually mated by the stud dog. This takes its normal course hopefully resulting in one litter per breed, per year. The business plan is to keep the dogs in a level of comfort, while keeping the accounts in a break even. The dogs are not bred for huge profits, however it will allow vet bills and feeding costs to be covered.

2. Development Plan 2.1 The site is situated within an covered by Policy HSG8 (Established Housing Areas). Policies RTL 11 (Bad Neighbour Development) and TR13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) are also material planning considerations.

3. Consultations and Rewesentations

3.1 My Transportation Team Leader has no objections subject to conditions relating to access and the provision of adequate parking and turning facilities.

3.2 The Animal Health and Welfare Inspector has made no response to date.

3.3 The Pollution Control Manager has asked that the applicant submit a noise impact assessment to determine as to whether such a business will generate complaints from the neighbouring residential properties.

3.4 Three letters of objection have been received with respect to the above, proposed development one of which has requested a site visit and hearing. The reasons for objection are summarised as follows;

The development has had an adverse impact upon on the residential amenity of the neighbouring properties in terms of visual impact, noise, smell, disposal of animal waste etc. Large numbers of bin bags full of waste have been stored in the site. The odours have forced neighbours to close windows. There are concerns over the possible health implications of animal waste attracting flies etc. One of the objectors is a registered child minder and the development is adversely affecting the ability of children to use the rear garden of their property. There are concerns over traffic implications such as parking and access issues and commercial vehicle deliveries. Access to the site is shared with a neighbour who objects due to damage already caused to the access and stone gate pillars. Parking at the site has resulted in blocking of access to other properties in the vicinity and made egress onto Netherton Road difficult. That the proposal is contrary to the Local Plan given that it is a residential area unsuitable for a commercial activity such as this. There are, or have been, other breeds of dog being housed and bred at the site. The applicant has five breeding bitches and the Bull Mastif has had at least 12 pups. The effect that the business would have on the re-sale value of the neighbouring properties.

4. I Plannina Assessment and Conclusions

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

4.2 Policy HSG 8 (Established Housing Areas) indicates that the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. Policy RTLI 1 (Bad Neighbour Development) indicates that the council will consider the impact of the proposal on the character and amenity of adjoining properties and the surrounding environment as well as the provisions made for vehicular access, parking, servicing and the proposals impact on pedestrian safety. Policy TR13 (Assessing the Transport Implications of Development) states that the Council will consider matters such as the level of traffic generated, impact upon road traffic circulation and road safety and provisions made for access, parking and vehicle manoeuvring.

4.3 The dog breeding at the site is of a level that is more than incidental to the normal keeping of pets incidental to the enjoyment of residents of the house. It is considered that the part change of use to a dog breeding business is incompatible with the residential setting of the site and adversely affects the residential amenity of the area in terms of general disturbance and loss of amenity. The fact that this is a large property with a generous garden does not lessen the impact to an acceptable extent. The concerns raised by the neighbours relating to loss of amenity cannot be adequately controlled and mitigated by the use of conditions. I consider the development to be contrary to the aims of policies HSG8 and RTLll that seek to protect the amenity of housing areas. In terms of the access and parking issues my Transportation Section have no objections to the proposal subject to conditions. The curtilage of the property is large and adequate access, parking and turning could be provided. If conditions were imposed relating to these matters the development would be acceptable in terms of the transportation requirements of policies RTLI 1 and TRI 3.

4.4 In terms of the consultations undertaken conditions could be imposed to meet the requirements of the Transportation Section. The applicant was requested to submit a noise report as recommended by the Pollution Control Section. However, she indicated that she was not prepared to do so “as the costs versus the actual impact that the dogs will have on the surrounding environment is small if not less than what is at present within the surrounding neighbourhood”.

4.5 In terms of the objections raised I would respond as follows:

A) I accept that the development is not one that is appropriate in a residential area due to the loss of amenity to surrounding residents. As indicated above I do not consider that the concerns raised can adequately be dealt with by imposition of planning conditions. B) As indicated above the Transportation Section have not opposed this application. C) As indicated at paragraph 4.3 above the application is considered contrary to policies HSG8 and RTLI 1 of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004). D) There are clearly differences in the numbers and breeds of animals stated by the applicant and the objectors. This only reinforces my concern that the business cannot be adequately controlled and enforced using planning conditions. E) The resale value of a property is not a valid planning consideration.

4.8 In conclusion, the part change of use to a dog breeding business is considered to have an unacceptable negative impact on the amenity of the neighbouring residential properties and as such is not considered an appropriate use for an Established Housing Area. The application is therefore contrary to policies HSG8 and RTLI 1 of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) and is recommended that permission be refused. Application No: S105101193lFUL

Date Registered: 14th July 2005

Applicant: Mr And Mrs G Gibson 18 Newton Drive Newmains Wishaw Lanarkshire ML2 9DB

Agent Alan Wilson 4 Hareshaw Road Cleland ML2 5LZ

Development: Two Storey Extension to Rear of Dwellinghouse

Location: 18 Newton Drive Newmains Wishaw Lanarkshire ML2 9DB

Ward: 16 Newmains Councillor David McKendrick

Grid Reference: 282240 656182

File Reference: S/PL/B/3/68(70)/EML

Site History: None

Development Plan: The site is situated within an established housing area and Policies HSG8 (residential amenity) and HSG13 (house extensions) of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) apply. Contrary to Development Plan: No

Consultations: None

Representations: One Letter of Representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

Reason: To safeguard the residential amenity of the area.

3. That notwithstanding the requirements of condition (2) above, before the development hereby permitted starts, full details of all external materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the planning authority.

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

Background Papers:

Application form and plans received 13th July 2005

Letter from Mrs E Newlands, 16 Newton Drive, Newmains, Wishaw, ML2 9DB received 1st August 2005.

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 3021 34. APPLICATION NO. 5/05/01 1931FUL

REPORT

1. Description of Site and Proposal

1.I This planning application seeks planning permission for the erection of two storey rear extension at 18 Newton Drive, Newmains. The dwelling is a two storey semi detached dwellinghouse and is bounded by dwellings to all sides and a playground to the North.

1.2 The proposed two storey extension will project 4.4 metres from the rear elevation, 1.9 metres from the common boundary of 16 Newton Drive and 2.8 metres from the common boundary of 20 Newton Drive. The rear extension will measure 7.8 metres in height, 4 metres in width and measured externally will have an area of 17.6 square metres. The proposed extension will incorporate French doors and a first floor velux window (North elevation), two windows with opaque glazing (Eastern elevation) and a door (Western elevation).

2. Development Plan

2.1 The site is situated within an established housing area and Policy HSG8 (residential amenity) and HSG13 (house extensions) of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) are therefore material planning considerations as is the "Developers guide to open space" also relevant in this instance.

3. Consultations and Representations

3.1 One letter of objection has been received from the occupiers of 16 Newton Drive with respect to the proposed developmerit with the reasons as follows:

They indicate that the proposed two storey extension would seriously restrict their light to the rear downstairs windows of their house, at present they enjoy sunshine in their back garden in the afternoons and evenings which they feel would be non-existent due to the shadow that would be cast by this building. Loss of privacy. The proposed entrance to the building has been located on the same side as the mutual boundary, which means that any person visiting the premises using that entrance has an unobstructed view into the objector's windows. The proposed toilet window on the upper floor, which even if fitted with obscure glass is in line with the objector's bedroom window and a line of vision exists should this window be capable of being opened. 0 The overall size and height of the extension is overbearing and out of context with the surrounding buildings and will adversely affect the resale value of the objector's property.

3.2 No consultations were required in respect to this application.

4. Plannina Assessment and Conclusions

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

4.2 Policy HSG 8 indicates that the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. 4.3 Policy HSG 13 indicates that the Council when determining applications for extensions will take account of the size, proportion, positioning and effect that the extension will have on garden ground. It will also consider the impact of the extension on neighbouring properties in terms of privacy, daylight and sunlight. The policy also assesses the proposal in terms of effect on parking provision, access, road safety and the external finish and design of the proposal.

4.4 It is not considered that the rear extension will have a significant effect on the daylight/sunlight enjoyed by the neighbouring property given that the north facing rear window already fails the minimum percentage of sunlight considered acceptable. A daylightkunlight test was carried out and the proposed extension will slightly reduce the amount of daylight available with a larger reduction in sunlight also experienced, however, the reduction is not considered sufficient to warrant the refusal of the application in this instance. The development leaves more than 80 square metres of rear garden ground, which is more than adequate for this type of property.

4.5 The applicant has amended the proposed design of the extension reducing its impact by lowering the roof pitch and removing the door facing the objector’s property. The amended design incorporates two windows facing into the objector’s property, both of which are, a downstairs toilet and upstairs bathroom incorporating opaque glazing. Therefore it is considered that the proposed windows will have little impact on the neighbouring property with respect to overlooking.

4.6 The resale value of a property is not a valid planning consideration.

4.7 The proposed rear extension is acceptable in terms of its positioning, design, scale and materials. Sufficient garden ground will be retained and therefore the proposal is not considered to be overdevelopment. The application therefore accords with policies HSG8 and HSGl3 of the finalised Southern Area Local Plan and is recommended for approval. Application No: S/05/01224/FUL

Date Registered: 25th August 2005

Applicant : Mr Kevin Millar I09 Branchalfield Drive Wishaw ML2 8QE

Development: Erection of Detached Garage to Rear of Dwellinghouse

Location: 109 Branchalfield Drive Wishaw Lanarkshire ML2 8QE

Ward: 9 Cambusnethan Councillor Thomas Selfridge

Grid Reference: 281439 655990

File Reference: S/PL/B/3/73(339)/EML

Site History: None

Development Plan: The site is situated within an established housing area and Policy HSG8 (Established Housing Areas) and HSGI3 (House Extensions) of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) Contrary to Development Plan: No

Consultations: None

Representations: One Letter of Representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

Reason: To safeguard the residential amenity of the area.

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

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 12th July 2005

Memo from Transportation Manager received 13'h September 2005

Letter from Miss lsobel Thomson,l84 Branchalfield Drive, Wishaw, ML2 8QE received 1st September 2005.

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 302134. APPLICATION NO. SIO51012241FUL

REPORT

1. Description of Site and Proposal

1.I This planning application seeks permission for the erection of a garage to the rear of 109 Branchalfield Drive. The dwelling is a two storey terraced dwellinghouse and is bounded by dwellings to all sides.

1.2 The proposed garage will measure 3.8 metres in width and 5.5 metres in length, approximately 20.9 square metres in area. The garage will be 2.4 metres in height sitting adjacent to the garage at the neighbouring property and will incorporate materials to match the existing dwellinghouse.

2. Development Plan

2.1 The site is situated within an established housing area and Policy HSG8 (Established Housing Areas) and HSG13 (House Extensions) of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) are therefore material planning considerations as is the "Developers guide to open space" is also relevant in this instance

3. Consultations and Representations

3.1 One letter of objection has been received from the occupiers of 184 Branchalfield Drive in connection with the proposal. The objection may be summarised as follows:

0 Parking and access problems during the construction of the garage

0 Vehicles parking on the-pavement to the frontage of the objectors property

0 Building materials being disposed into the public sewer causing flooding

3.2 The Transportation Manager was consulted as part of this application and offered no com ments.

4. Piannina Assessment and Conclusions

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

4.2 Policy HSG 8 outlines that the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas.

4.3 Policy HSG 13 outlines that the Council when determining applications for extensions will take account the size, proportion, positioning and effect that the extension will have on garden ground. It will also consider the impact of the extension on neighbouring properties in terms of privacy, daylight and sunlight. The policy also assesses the proposal in terms of effect on parking provision, access, road safety and the external finish and design of the proposal.

4.4 It is considered that the proposed garage will have a minimal impact on the surrounding properties given its design, height and location to the rear of the garden. The proposed Garage will also sit adjacent to a neighbouring properties garage and as a result the proposed double garage will not cause any increase in overshadowing. The remaining rear garden area measures approximately 25 square metres which is considered to be acceptable for the site given the small nature of the original garden.

4.5 In response to the points of objection given above my Transportation Manager has no concerns regarding parking or access. Any parking on the public road with respect to the objector’s driveway is a civil matter outwith planning control. Furthermore the applicant has not indicated that any building materials will be located on the public road or that any materials will be disposed of into the public sewer.

4.6 The disposal of materials into the public sewer is not a valid planning consideration. 4.7 In conclusion the design and location of the garage is considered to be acceptable and the development therefore accords with policies HSG8 and HSG13 of the finalised Southern Area Local Plan. It is therefore recommended that permission be granted. Application No: S/05/01342/FUL

Date Registered: 9th August 2005

Applicant: Andrea Alexander 24 Haughview Road Motherwell MLI 3EA

Development: Erection of Boundary Fence (Part Retrospective)

Location: 24 Haughview Road Motherwell Lanarkshire MLI 3EA

Ward: 1 Ladywell Councillor Michael Ross

Grid Reference: 273840656744

File Reference: S/PL/B/l3/23/MARLN

Site History: Non relevant

Development Plan: The site is zoned as Policy HSG 8 Established Housing Areas in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: No

Consultations: None Required

Representations: 3 Letters of Representation

Newspaper Advertisement: Not Required

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

Background Papers:

Application form and plans received 9th August 2005 Memo from Transportation Manager received 29 August 2005 Letter from Marion & William Gillies,37 Neilsland Drive, Motherwell, MLI 3EB received 22nd August 2005. Letter from J Christie,35 Neilsland Drive, Motherwell, Lanarkshire, MLI 3EB received 23rd August 2005. Letter from Vando Gargaro,22 Haughview Road, Motherwell, MLI 3EA received 5th September 2005. Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Any person wishing to inspect these documents should contact Mrs Marlaine Lavery at 01698 302099. APPLICATION NO. S/05/01342/FUL

REPORT

1. Description of Site and Proposal

1.I The application seeks permission to erect a boundary fence at 24 Haughview Road, Motherwell. The house is a flat within a four-in-a-block on the corner of Haughview Road and Neilsland Drive and the applicant has already erected part of the fence to the rear of the property.

1.2 The applicant originally proposed to remove the existing hedge and construct a 2 metre high fence on the boundary with Neilsland Drive. However, the plans have since been revised and it is proposed to construct a 1.15 metre fence for the majority of the boundary and where the fence extends to 2 metres the fence will be set back from the boundary and landscaped to the front.

2. DeveloDment Plan

2.1 The site is covered by policy HSG 8 Established Housing Areas within the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

3. Consultations and Representations

3.1 My Transportation Section has no objection to the proposal.

3.2 Three letters of objection have been received and the points are summarised as follows:-

0 That the 2 metre fence is not in keeping with the appearance of Neilsland Drive which has low walls throughout. 0 The applicant has already erected part of the fence and the notice to neighbour did not make reference to this. 0 That the height of the proposed fence is not safe at the corner of a four-way junction. 0 The fence that has been built already is unsightly and there is concern that the proposed fence will be the same.

4. Planninn Assessment and Conclusions

4.1 The application raises no strategic issues and therefore can be assessed in terms of the local plan policies. The primary issues to be considered here are the compliance with the relevant development plan policies and the affect the proposal will have on the neighbouring properties.

4.2 Policies HSG 8 (Established Housing Areas) is relevant to the consideration of this application. HSG 8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas.

4.3 With regard to the points raised by the objectors, the plans have since been amended and the majority of the fence will now be only 1.15 metre in height. There will be a small section of fence within the garden area which will be 2 metres in height to afford the applicant some privacy, however this section of fence will be set back from the boundary line and will be obscured by landscaping. The section of fence which has already been erected will remain at 2 metres in height, however it will be reduced to 1.15 metre in height where it comes within 5 metres of the pavement. It is considered that this is satisfactory and addresses the concerns of the objectors. As stated above My Transportation Section have no objections to the erection of the proposed fence as it will be reduced in height to 1 metre at the corner of Neilsland Drive and Haughview Road for reasons of vehicular visibility.

4.4 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, the proposal is in compliance with the development plan and I am satisfied that the design and scale of the proposed fence is acceptable from a planning viewpoint. Notwithstanding the objections raised by the neighbours, and for the reasons stated above, it is recommended that planning permission be granted subject to conditions. Application No: S/05/01366/OUT

Date Registered: 1 1th August 2005

Applicant: Mr R.S. Bhopal & Mr H.S. Bhopal 350 New Edinburgh Road Bellshill Lanarkshire ML4 3HH

Developmen t : Redevelopment of Commercial Land for Residential Purposes

Location: 350 New Edinburgh Road Bellshill Lanarkshire ML4 3HH

Ward: 22: Fallside - Councillor Robert Burrows

Grid Reference: 271590 660492

File Reference: S/PL/B/9/117

Site History: S/02/01043/FUL Formation of New Access. Refused 12/11/02 S/97/10684/ADV Illumination of Advertisement Hoarding. Granted

The site is covered by Green Belt policies in the adopted Bellshill Development Plan: and Mossend Local Plan 1983 and the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) designates the site as being partially Green Belt and partially RTL 9 - Other Commercial Uses.

Contrary to Development Plan: Yes

Consultations: Scottish Environment Protection Agency (Comments) Scottish Water (Objection) British Gas (Comments) Scottish Power (No comments) British Telecom (Comments) West of Scotland Archaeology Service (Comments)

Representations: None received

Newspaper Advertisement: Advertised on the 7'h October 2005

Recommendation: Grant Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; ~ PLANNING APPLICATION NO. S/05/01366/OUT

REDEVELOPMENT OF COMMERCIAL LAND FOR RESIDENTIAL PURPOSES 350 NEW EDINBURGH ROAD, BELLSHILL Site Area= 0.37 Ha (e) the design and location of all boundary walls and fences; (9 the provision of drainage works; (9) the disposal of sewage; (h) details of existing trees, shrubs and hedgerows to be retained; (i) details of existing and proposed site levels.

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

2. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

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

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.

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

4. That notwithstanding the details requested in terms of condition (1) above, the development hereby permitted shall not exceed 2.5 storeys in height and the design and siting of the dwellings shall take cognisance of the adjacent Green Belt area, with particular regard being paid to scale, massing, roof pitch, fenestration and materials.

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

5. That notwithstanding the provisions of Condition l(b) above, access to the site shall be via a single 5.5 metre wide access, located at the west end of the site ensuring a minimum junction spacing of 40 metres from the junction at Bothwellpark Road, and any redundant accesses shall be reinstated to footway.

Reason: To ensure the provision of satisfactory vehicular access facilities in the interests of road safety.

6. That the minimum junction sightlines of 4.5 metres by 120 metres shall be provided at the access referred to in condition 5 above.

Reason: In the interests of road safety

7. That the site is developed in accordance with the Council's 'Developer's Guide to Open Space' in terms of the minimum space standards and space around dwellings.

Reason: To ensure the provision of satisfactory amenity space for the dwellinghouse.

8. That further to condition l(d) above, a scheme of appropriate peripheral landscaping on the southern and western boundaries shall be incorporated within the site to the satisfaction of the Planning Authority.

Reason: To safeguard the quality and appearance of the area and the adjacent Green Belt area.

9. That the reserved matters application referred to in condition (1) above shall include, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems. Reason: To enable the Planning Authority to consider these details and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.

10. That before the residential development hereby permitted is completed, the surface water drainage scheme approved under the terms of Condition (9) above shall be installed, and thereafter maintained in accordance with the approved details.

Reason: In the interests of water quality and the environment.

11. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, as specified in their letter dated 20th September 2005, have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

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

12. That before development hereby permitted starts, a site investigation survey shall be carried out in accordance with the requirements of British Standard Code of Practice BS10175:2001 and the report shall be submitted to the Planning Authority for written approval. For the avoidance of doubt the report shall examine all aspects of contamination of the site with particular reference to addressing the risk posed by the presence of pollutants in relation to sensitive receptors and, where appropriate, must include remediation proposals. Works to be carried out to remove or render harmless any contaminants shall be agreed in writing with the Planning Authority and the development shall not commence until these works have been completed.

Reason: In order to safeguard the end use of the site and the surrounding residential area.

Background Papers:

Application form and plans received 11th August 2005

Memo from Transportation Team Leader received 23rd August 2005 Memo from Geotechnical Team Leader received 5th September 2005 Memo from Head of Protective Services received 1st September 2005 Letter from Scottish Environment Protection Agency received 5th September 2005 Letter from Scottish Water received 21 st September 2005 Letter from British Gas received 22nd August 2005 Letter from British Telecom received 24th August 2005 Letter from West of Scotland Archaeology Service received 27th September 2005

Any person wishing to inspect these documents should contact Miss Lesley Ward at 01698 302142.

APPLICATION NO. S/05/01366/OUT

REPORT I. Description of Site and Proposal

1.1 The application site is a commercial garage and petrol filling station, addressed as 350 New Edinburgh Road, Uddingston. The total site area extends to some 3500 square metres and is located within an area of parkland bounded on the northern and eastern edges by residential properties.

1.2 The applicant seeks Outline Planning Permission to change the use of the land from commercial to residential, and as such, no details were submitted at this stage regarding the proposed house types, landscaping or access as these details will be the subject of a Reserved Matters application.

2. Development Plan

2.1 It is considered that the application raises no strategic issues as the proposal involves changing the use of previously developed commercial land to land for residential purposes. The proposal can therefore be assessed in terms of the local plan policies.

2.2 Despite the presence of the commercial garage on the site since gaining Planning Permission in 1973, the area was zoned as Green Belt in the adopted Bellshill and Mossend Local Plan 1983. The emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) earmarks the site as being partially Green Belt and partially RTL 9 - Other Commercial Uses. After correspondence with the applicant, and a review of the original Planning Permission for the garage, the entire application site was included in the 1973 consent thus the zoning in the Southern Area Local Plan is inappropriate and the full site should be zoned as RTL 9.

3. Consultations and Representations

3.1 In terms of the consultation responses, Scottish Water have objected to the proposal based on the constraints of the existing wastewater network system in the area. However, Scottish Water have indicated that this objection will be withdrawn following the satisfactory installation of suitable infrastructure, or the developer confirming that the development will not affect Scottish Water’s assets. SEPA have also stipulated that the development should incorporate SUDS principles, and that a contamination assessment be carried out to ascertain the levels of pollutants present within the site. These issues are dealt with through the conditions of the consent.

3.2 Comments received from Traffic and Transportation indicate that there are no objections subject to conditions relating to access and sightlines.

4. Planninq Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues and therefore only needs to be assessed against the Local Plan and other material considerations.

4.2 In assessing this proposal it is necessary to consider that the site was zoned as Green Belt in the adopted Bellshill and Mossend Local Plan 1983. The emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) also designates the site as being partially Green Belt (however, paragraph 2.2 above shows that this zoning may not be correct) and partially RTL 9 - Other Commercial Uses. The application site is located in close proximity to residential properties, and any impact upon residential amenity would be marginal, as there would be no significant increase in noise or general disturbance. It is further considered that the conditions of this permission restricting the height and design of the proposal would ensure that the development does not adversely affect the visual amenity of the neighbouring properties, as it will compliment the style of the existing area.

4.3 Consideration is nevertheless given to the fact that the site is zoned for commercial use, and therefore the proposal to change the use of the land for a residential development is contrary to the provisions of the Southern Area Local Plan. However, currently the site does not contribute to any aesthetic merit of the surrounding area and the redevelopment of the land to a suitable standard would be of benefit to the adjacent community.

4.4 In conclusion, although policy RTL 9 of the Southern Area Local Plan Finalised Draft supports the continued use of such commercial areas, the policy is not adverse to other uses where they are compatible with surrounding land uses. In this instance, the proposed use of land for residential purposes is compatible with the surrounding area and therefore is acceptable.

4.5 Overall, the proposed use of land for residential purposes would integrate satisfactorily with the existing adjoining residential area to the north and east. No objections have been received following the advertisement and neighbour notification and it is therefore recommended that Planning Permission be granted subject to conditions. Application No: S/05/01433/OUT

Date Registered: 23rd August 2005

Applicant: Mr Brian McArdle Clo 12 Beveridge Terrace Mossend Bellshill ML4 2RJ

Agent Stanley C. Cook M.R.T.P.1 12 Beveridge Terrace Mossend Bellshill ML4 2RJ

Development: Residential Development

Location: Robin’s Bar 50 - 52 Abernethyn Road Newmains Wishaw Lanarkshire ML2 9NB

Ward: 16 Newmains Councillor David McKendrick

Grid Reference: 282466656605

File Reference: SlPLlBl3l55lGORL

Site History: Three applications in the 70’s and 80’s for the erection of a social club and it‘s subsequent change of use to a public house.

Development Plan: The site is zoned for Urban Uses in the Central Industrial Area Development Plan 1964.

The site is covered by Policy HSG 8 Other Established Residential Areas in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004).

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No Response) Scottish Water (Comments) British Gas (Comm ents) Scottish Power (0bjection)

Representations: None

Newspaper Advertisement: Not Required k 3 0 A d Q a" v! 9 5 z Y 0 a k s 5 2 ; a z0 E z Lu z P 4 s Q a Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

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

2. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details for management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls and fences; (9) the provision of drainage works; (h) the disposal of sewage; (i) details of existing and proposed site levels.

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

3. That within three years of the date of this permission, an application for approval of reserved matters, specified in condition 2 above, shall be made to the Planning Authority.

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

4. For the avoidance of doubt, no approval is hereby given for the submitted indicative layout plan comprising three blocks of six flats, associated open space and parking area.

Reason: To define the permission.

5. That before the development hereby permitted commences, a 1 metre high boundary wall/railing shall be constructed along the frontage of the site at Abernethyn Road and Muirhouse Avenue, details of which shall be submitted to, and approved in writing by the Planning Authority beforehand.

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

6. That the reserved matters application referred to in condition (2) above shall include, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems.

Reason: To enable the Planning Authority to consider these details and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.

7. That no part of the development hereby permitted shall exceed two storeys in height but may include attic accommodation and dormer windows.

Reason: In the interests of the visual amenity of the area and to safeguard the amenity of adjoining residential properties. 8. That the siting and design of the dwellings must adequately preserve the residential amenity of the neighbouring properties, particularly at 69 and 71 Muirhouse Avenue, including in terms of privacy and loss of light with respect to facing windows.

Reason: To safeguard the residential amenity of the adjoining property and future residents.

9. That notwithstanding the details required under condition 2 above, the development shall comply with North Lanarkshire Council's 'Developer's Guide to Open Space'.

Reason: To ensure a satisfactory level of open space is provided in the interests of future residents.

10. That the reserved matters application referred to in condition (2) above shall include, (1) connection to the proposed parking area via a 5.5 metre wide dropped kerb footway; and, (2) a turning facility to allow all vehicles to enter and leave the site in a forward gear, to the satisfaction of the Roads Authority

Reason: To ensure satisfactory vehicular access to the site and the provision of adequate turning facilities.

Background Papers:

Application form and plans received 23rd August 2005

Memo from Transportation Manager received 14th October 2005 Memo from Head Of Protective Services received 14th September 2005 Memo from Leisure Services received 20th September 2005 Letter from Scottish Water received 20th September 2005 Letter from British Gas received Gfh-September 2005 Letter from Scottish Power received 29th September 2005

Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01698 302128. APPLICATION NO. S/05/01433/0UT

REPORT

1. Description of Site and Proposal

1.I The application site comprises an area of open space to the rear of and including Robin’s Bar and a hot-food take away, Abernethyn Road, Newmains. Robin’s Bar, the adjoining take-away and an electricity sub-station lie at the site’s northern end fronting Abernethyn Road, with a rear yard area extending to the south. The site is bound by the rear of properties on Crindledyke Crescent to the east and south (2-metre high timber fence) and by a footpath, a band of mature native woodland and open space to the west. Beyond Abernethyn Road to the north is a further area of open space. It is noted that visually, the site is in extremely poor condition with a burnt out shed and various areas of dumped materials. A fence which runs the length of the footpath to the west has collapsed and there is evidence of vandalism and anti-social behaviour.

1.2 The applicant seeks outline planning permission for a residential development. The applicant has submitted an indicative layout comprising of a flatted development consisting three blocks of flats (providing 18 flats in total), associated parking and open space. The flats are configured at the north end of the site with access taken from Abernethyn Road at the position of the existing electricity sub-station.

2. Development Plan

2.1 The site is zoned for Urban Uses in the Central Industrial Area Part Development Plan 1964. The site is identified HSG 8 Established Housing Areas in the emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). Other relevant policies to this proposal are HSGlO Assessing Applications for Housing Development and TR13 Assessing the Transport Implications of Development.

3. Consultations and Representations

3.1 My Traffic and Transportation Team Leader has no objection to the residential development of the site and has accepted the position of the proposed access. Various points are however raised in connection to visibility, manoeuvrability, parking layout and turning facilities.

3.2 NLC Community Services Landscaping Section have no objections to the development in principle, however they have made comments in relation to the indicative layout. They have commented that the levels and boundaries of the site are of importance to the overall visual amenity and a landscaping scheme is required. Further points are raised relating to the retention of a lighting column at the end of the adjacent footpath and the boundary treatment along the length of the footpath to take account of anti social behaviour.

3.3 My Protective Services Section have no objection but have requested that a note be added to any consent advising of working hours during construction.

3.4 Scottish Water and Transco and have no objections to the proposed development subject to the imposition of appropriate planning conditions.

3.5 SEPA have yet to respond to the application, however I would recommend that a condition be added to ensure that all SEPA requirements are met, particularly in relation to the provision of a Sustainable Urban Drainage Scheme. 3.6 Scottish Power have objected to the application on grounds that they have apparatus within the application site (electricity sub-station) and have not been approached by the developer regarding the impact of the development on their equipment. It is noted that the proposed access is taken over the position of the sub-station.

4. Planning Assessment and Conclusions

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

4.2 The application is not of strategic significance and attention is therefore given to the relevant Local Plan position. As stated in paragraph 2.1, the site is zoned for Urban Uses in the Central Industrial Area Part Development Plan 1964 and as an established housing area in the emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). In this respect the principle of residential development is accepted.

4.3 In physical terms, I consider that residential development is suited to the site given its condition, and its position adjacent to established housing, a mature belt of native trees and open space all within the settlement boundary. Furthermore, I consider the application an opportunity to improve the overall amenity of an area which has been a blight for some considerable time.

4.4 Policy HSG 10 Assessing Applications for Housing Development in the Southern Area Local Plan applies and this policy requires that the following matters are taken into consideration: the impact on the existing built and natural environment: density, layout and mix of housing: provision of landscaping, screening and open space: design details such as heighVmaterials and provision made for roads, access and parking. The application site has a relatively prominent location at the junction of Abernethyn Road and Muirhouse Avenue. Whilst this application is only in outline, any residential buildings should take into consideration the impact on the character of the area and the surrounding residential properties, particularly on Crindledyke Crescent and Muirhouse Avenue. The applicant has submitted an indicative layout for a flatted development and while no indication has been given to the height of the buildings, given the numbers of flats proposed and the footprint of the buildings this is likely to be 3-storey. Taking into account the height of the surrounding buildings, which are predominately 2-storey, a planning condition is recommended to restrict the height of the development to remain in keeping. It is considered that the site is a sufficient size for a flatted residential development albeit the number of units and layout ultimately permitted would require to accord with the Council’s Open Space Guidelines and parking standards and may subsequently change through submission of a reserved matters application. The development will not be detrimental to the amenity of the neighbouring residential properties to the south and east. However, a planning condition has been imposed in order to take into account any potential impacts on privacy, sunlight and daylight levels, particularly at 69 & 71 Muirhouse Avenue. It is therefore considered that subject to conditions the proposal meets the criteria contained in Policy HSG 10.

4.5 A further local plan policy of relevance to this proposal is TR13 Assessing the Transport Implications of Development. Policy TR13 sets out criteria which require consideration in the determination of this application. In this instance, the level of traffic generated and its impact on the adjoining land uses, impact of the development on road traffic circulation and road safety and the provisions for access, parking and vehicle manoeuvring are applicable. My Traffic and Transportation Team Leader has no objections to the proposals subjected to amendments to the indicative internal layout, which may require the reconfiguration of the flats within the site. Notwithstanding these comments, I would note that the application is only in outline at this stage and internal details are not being confirmed through this application. It is considered that the development can achieve the criteria contained in Policy TR13 through a reserved matters application.

4.6 In relation to the various issues raised through normal consultation procedures it is considered that these can all be adequately controlled through conditions and a reserved matters application. The objection by Scottish Power is noted, however, this is a matter to be resolved by the applicant and should not preclude the granting of planning permission in this instance. As the proposed residential development complies with the policy zoning for the site I therefore recommend that planning permission be granted. Application No: S/051014781FUL

Date Registered: 2nd September 2005

Applicant : Mr Horn 76 Kilmeny Crescent Wishaw Lanarkshire ML2 8QY

Development: Erection of Garage (Domestic Purposes)

Location: 76 Kilmeny Crescent Wishaw Lanarkshire ML2 8QY

Ward: 10 Coltness Councillor Ernest Holloway JP

Grid Reference: 280435 656216

File Reference: SIPLIB/4/4

Site History: None

Development Plan: The site is situated within an established housing area and Policy HSG8 (Established Housing Areas) and HSG13 (House Extensions) of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) Contrary to Development Plan: No

Consultations: None

Representations: One Letter of Representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:.

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

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

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

Reason: To safeguard the residential amenity of the area.

3. That the use of the garage hereby permitted shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in, or from, the garage. I I * Representation I Reason: To safeguard the residential amenity of the area.

4. That before the garage hereby approved is brought into use the driveway shall be paved for the first 2 metres behind the heel of the footway for its entirety.

Reason: In the interests of road safety and to prevent deleterious materials being carried onto the public footway.

Background Papers:

Application form and plans received 2nd September 2005

Memo from Transportation Manager received 17th September 2005

Letter from Ms Shona McMillan, 78 Kilmeny Crescent, Wishaw, ML2 8QY received 16th September 2005.

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 302134. APPLICATION NO. S/05/01478/FUL

REPORT

1. Description of Site and Proposal

1.I This planning application seeks permission for the erection of a garage to the rear of 76 Kilmeny Crescent, Wishaw. The dwelling is a two storey end terrace and is bounded by dwellings to all sides and open spacehecreational ground to the South.

1.2 The proposed double garage will measure 6.6 metres in width and 8.75 metres in length, approximately 57 square metres in area. The proposed double garage will be 4.4 metres in height sitting adjacent to the neighbouring properties garage and will incorporate materials to match the existing dwellinghouse.

2. Development Plan

2.1 The site is situated within an established housing area and Policy HSG8 (Established Housing Areas) and HSG13 (House Extensions) of the Southern Area Local Plan Finalised Draft (Modified 2001 & 2004) are therefore material planning considerations as is the "Developers guide to open space" is also relevant in this instance.

3. Consultations and Representations

3.1 One letter of objection has been received from the occupier of 78 Kilmeny Crescent in connection with the proposal. The representation is with respect to the drainage of rainwater to the main sewer located with the objector's garden. The objector is concerned that the rainwater will be directed to the main sewer, which is located in the objector's garden. The objector feels that it would be logical to let the water drain in the applicants garden via a small drain located within the applicant's ground.

3.2 The Transportation Manager was consulted as part of this application and commented that the driveway should be paved for the first 2 metres behind the heel of the footway for its entirety.

4. Planninn Assessment and Conclusions

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

4.2 Policy HSG 8 indicates that the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas

4.3 Policy HSG 13 indicates that the Council when determining applications for extensions will take account the size, proportion, positioning and effect that the extension will have on garden ground. It will also consider the impact of the extension on neighbouring properties in terms of privacy, daylight and sunlight. The policy also assesses the proposal in terms of effect on parking provision, access, road safety and the external finish and design of the proposal.

4.4 It is considered that the proposed double garage will have a minimal impact on the surrounding properties given its design, height and location to the rear of the garden. The proposed garage will also adjacent to a neighbouring property's garage and as a result the proposed double garage will not cause any increase in overshadowing. The remaining rear garden area measures approximately 56 square metres which is considered to be acceptable for the site.

4.5 Despite the concerns raised by the objector, drainage into the public sewer is a matter for Building Control. The discharge of rainwater into the public sewer is not a valid planning consideration and as such does not provide justification for refusal of this application.

4.6 In conclusion the design and location of the garage is considered to be acceptable and the development therefore accords with policies HSG8 and HSG13 of the finalised Southern Area Local Plan. It is therefore recommended that permission be granted. Application No: S/0510149O/FUL

Date Registered: 2nd September 2005

Applicant: GAP Group Carrick House 40 Carrick Street Glasgow G2 8DA

Agent Bell Building Group Ltd 19 Robert Drive Govan Glasgow G51 3He

Development: Erection of industrial Unit for Use as a Plant Hire Business

Location: 361 Orbiston Street Motherwell Lanarkshire MLI IQW

Ward: 12 Knowetop Councillor William Wilson JP

Grid Reference: 276351 6561 75

File Reference: SIPLIB11211 7

Site History: 18/84 - Erection of Industrial Unit, granted 4th1984 435185 - Erection of Workshop, Showroom and manufacturing unit, granted 5th February 1986

Development Plan: Zoned as Industrial in the Burgh of Motherwell and Wishaw Development Plan 1953.

Zoned as IND 8 Established Industrial and Business Areas within the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No Objection) Scottish Water (0bjection) Scottish Power (No Response)

Representations: 4 Letters of Representation

Newspaper Advertisement: Not Required I I PLANNING APPLICATION NO. S/O5/01490/FUL I

I I I Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That 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.

Reason: To ensure that the external materials area appropriate for the site and the general area.

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

Reason: To ensure that the boundary walls and fences are appropriate for the site and general area.

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

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

5. That before any development commences on site written confirmation shall be submitted to the Planning Authority that the drainage works are able to be carried out to the satisfaction of Scottish Water and the Scottish Environmental Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems and before the buildings are occupied written confirmation shall be submitted to the Planning Authority that these works have been completed to the satisfaction of Scottish Water and SEPA.

Reason: In the interests of amenity and public health in relation to drainage of the building and all hard surfaces.

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

Reason: To ensure the satisfactory provision of drainage and that existing infrastructure is not adversely affected by the proposal.

Background Papers:

Application form and plans received 2nd September 2005 Memo from Transportation Manager received 31' October 2005 Letter from Scottish Environment Protection Agency received 17'h October 2005 Letter from Scottish Water received 28'h September 2005 Letter from Owner/Occupier, 486 Orbiston Street, Motherwell, ML1 1QW received 9th September 2005. Letter from G Robertson, 486 Orbiston Street, Motherwell, MLI 1QW received 9th September 2005. Letter from Mrs Marion Robertson, 488 Orbiston Street, Motherwell, ML1 1QW received 13th September 2005. Letter from Mr Adam Robertson, 488 Orbiston Street, Motherwell, MII 1QW received 13th September 2005.

Any person wishing to inspect these documents should contact Mrs Marlaine Lavery at 01698 302099. APPLICATION NO. S/05/0149O/FUL

REPORT

1. Description of Site and Proposal

1.I The application site relates to the erection of an industrial unit for use as a Plant Hire Business at 361 Orbiston Street, Motherwell. The site is within an existing industrial area and is surrounded by various business uses. The railway line bounds the site to the rear and there is a terraced row of houses opposite on Orbiston Street. The site fronts onto Orbiston Street and measures approximately 0.4 hectares. There is a an existing unit on the site which has been operating as a plant hire business for a number of years and a car repair garage both of which will be demolished.

1.2 It is proposed to construct a unit measuring 36 metres x 20 metres in area and 7.5 metres in height. The unit will comprise of an area to store plant hire equipment, three offices, a reception, staff room, and toilets. There will be 9 No. car parking spaces and a turning area to allow vehicles to enter and leave the site in forward gear. There will also be two designated areas for the storage of plant within the site.

2. Development Plan

2.1 The proposed development raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000.

2.2 The site is zoned Existing and Proposed Areas for Industrial Development within the Burgh of Motherwell and Wishaw Part Development Plan 1953.

2.3 The site is covered by policy IND 8 Established Industrial and Business Areas within the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004). This policy seeks to retain the existing character of the Established Industrial and Business Areas by safeguarding existing uses and supporting the development of Central Industrial, Distribution, Storage or Class 4 Business Uses were appropriate.

3. Consultations and Representations

3.1 The Transportation Section and Pollution Control have no objections to the proposal.

3.2 SEPA has expressed no objections to the proposal provided that all internal drains are connected to the public sewer.

3.3 Scottish Water has objected to the proposal. However, the objection can be deemed to be withdrawn subject to the satisfactory provision of drainage scheme and drainage infrastructure.

3.4 Four letters of objection were received, two letters from the neighbours at 486 Orbiston Street, and two from the neighbours at 488 Orbiston Street. Their points of objection are summarised as follows:

0 There is an existing problem with parking and traffic congestion at the site on Orbiston Street which prevents the neighbours at 488 Orbiston Street from accessing their property 0 The neighbours at No. 488 are concerned that if an ambulance was needed it would have difficulty parking outside their home. 0 The school bus has difficulty stopping outside No. 486. 0 There is excessive noise from the site early in the morning. 0 Black smoke is emitted from a fork lift in the middle of the road and the neighbour at No.488 has asthma Burning at the back of the site causes further pollution.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the Local Plan Policies. The primary issues to be considered is the appropriateness and compliance with the relevant development plan and the affect the proposal will have on the surrounding area.

4.2 As stated above the site is zoned industrial within the Burgh of Motherwell and Wishaw Part Development Plan 1953, however given the age of this plan the Southern Area Local Plan Finalised Draft is a more recent statement of Planning Policy for the area. The policy relating to the site is Established Industrial and Business Areas within the emerging Southern Area Local Plan, which seeks to retain the existing character of Established Industrial and Business Areas.

4.3 The other issues raised by the consultees including drainage can be dealt with by way of conditions and issues relating to air pollution can be addressed through separate pollution control legislation.

4.4 With regard to the concerns raised by the objectors my comments are as follows:-

0 The applicants have amended the original plans and there is now adequate car parking facilities within the site, this should ameliorate the existing problems with parking. With regard to the noise coming from the site in the morning, it is conceded that there may be some noise however the plant hire business should not generate a significant level of noise in comparison to the existing uses within the industrial estate. The emission of smoke from vehicles and burning at the back of the site are not material planning considerations and can be dealt with through separate pollution control legislation.

4.5 It is my conclusion that the proposed Plant Hire Business is acceptable within the industrial estate and complies with the zoning of the Southern Area Local Plan Finalised Draft. I therefore recommend that planning permission be granted subject to conditions.

- ... Application No: SIO5/01585/OUT

Date Registered: 21 st September 2005

Applicant : John Nolan 147 Townhill Road Hamilton 'ML3 9RL

Development: Use of Land for Residential Purposes

Location: 33-35 Main Street Holytown Motherwell Lanarkshire MLI 4TH

Ward : 27 Holytown - Councillor James Coyle JP

Grid Reference: 276257660472

File Reference: SIPLIBI5/17lLW

Site History:

The site is designated as an area of Mixed Use in the Adopted Development Plan: Northern Area Local Plan 1986, and as policy RTL 6 - Secondary, Village and Neighbourhood Commercial Areas in the Southern Area Local Plan Finalised Draft (Modified 2001 and 2004)

Contrary to Development Plan:

Consultations: Scottish Environment Protection Agency (No response) Scottish Water (Objections) British Gas (comments) Scottish Power (No response British Telecom (No comments)

Representations: None received

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision of drainage works; (9)the disposal of sewage; *. .

(h) details of existing trees, shrubs and hedgerows to be retained; (i) details of existing and proposed site levels.

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

2. That the development hereby permitted shall be started, either within 5 years of the date of this permission, or within 2 years of the date of which the last of the reserved matters are approved, whichever is the later.

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

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1 above, shall be made to the Planning Authority.

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

4. That notwithstanding condition (1) above, the development hereby permitted shall not exceed 2.5 storeys in height.

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

5. That notwithstanding Condition l(b) above, access to the site shall be via a single 5.5 metre wide footway crossing, with a 40 metre junction spacing from the road serving the Keir Hardie Sports Centre and any redundant accesses/junctions shall be reinstated to footway.

Reason: To ensure the provision of satisfactory vehicular access facilities in the interests of road safety.

6. That the site is developed in accordance with the Council's 'Developer's Guide to Open Space' in terms of the minimum space standards and space around dwellings.

Reason: To ensure the provision of satisfactory amenity space for the dwellinghouse.

7. That the reserved matters application referred to in condition (1) above shall include, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to and for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by the Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems.

Reason: To enable the Planning Authority to consider these details and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.

8. That before the residential development hereby permitted is completed, the surface water drainage scheme approved under the terms of Condition (7) above shall be installed, and thereafter maintained in accordance with the approved details.

Reason: In the interests of water quality and the environment.

9. That before development hereby permitted starts, a site investigation survey shall be carried out in accordance with the requirements of British Standard Code of Practice BSI01752001 and the report shall be submitted to the Planning Authority for written approval. For the avoidance of doubt the report shall examine all aspects of contamination of the site with particular reference to addressing the risk posed by the presence of pollutants in relation to sensitive receptors and, where appropriate, must include remediation proposals. Works to be carried out to remove or render harmless any contaminants shall be agreed in writing with the Planning Authority and the development shall not commence until these works have been completed.

Reason: In order to safeguard the end use of the site and the surrounding residential area.

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

Reason: In order to ensure satisfactory drainage requirements.

Background Papers :

Application form and plans received 21 st September 2005

Memo from Transportation Manager received 14'h October 2005 Letter from British Gas received 5th October 2005 Letter from British Telecom received 10th October 2005

Any person wishing to inspect these documents should contact Miss Lesley Ward at 01698 302142. APPLICATION NO. S/05/01585/OUT

REPORT

1. DescriDtion of Site and ProDosal

1 .I The application site consists of 2 public houses, addressed as 33 and 35 Main Street, Holytown. The total site area extends to some 1875 square metres and is located where there are a range of mixed uses; the Keir Hardie Sports Centre and a bakery to the North, a Betting shop to the East, and an area of open space to the south.

1.2 The applicant seeks Outline Planning Permission to change the use of the land from the previous commercial public house uses to residential. At this stage, no details are required to be submitted regarding the proposed house types, landscaping or access as these details will be the subject of a Reserved Matters application.

2. Development Plan

2.1 It is considered that the application raises no strategic issues as the proposal involves changing the use of previously developed commercial land to land for residential purposes. The proposal can therefore be assessed in terms of the local plan policies.

2.2 The Adopted Northern Area Local Plan zones the site as being within an area of mixed uses, where a mixture of residential and commercial uses are acceptable. The emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) designates the site as being within an area zoned as RTL 6, where the retention and provision of other uses which complement the role and function of secondary, village and neighbourhood commercial areas are supported.

3. Consultations and Remesentations

3.1 Scottish Water has objected to the proposal on the basis of capacity issues. However, the objection can be deemed to be withdrawn subject to the satisfactory provision of a drainage scheme and drainage infrastructure.

3.2 Comments received from Traffic and Transportation indicate that there are no objections subject to conditions relating to access and sightlines.

4. Planning Assessment and Conclusions

4.1 It should be noted that the application raises no strategic issues and therefore only needs to be assessed against the Local Plan and other material considerations.

4.2 In assessing this proposal it is necessary to consider that the site was zoned for mixed uses in the adopted Northern Area Local Plan 1986. The emerging Southern Area Local Plan Finalised Draft (Modified 2001 and 2004) designates the site as being RTL 6, where a range of uses are supported. The application site is located in an area where there are a range of local shops, open space, community facilities and residential properties. An increase in residential use in this area would not be harmful.to the amenity or character of the area, and it is considered that the conditions of this permission restricting the height and design of the proposal would ensure that the development does not adversely affect the visual amenity of the surrounding area.

4.3 In conclusion, although policy RTL 6 of the Southern Area Local Plan Finalised Draft supports commercial use, the policy is not adverse to other uses where they are compatible with surrounding land uses. In this instance, the proposed use of land for residential purposes is compatible with the surrounding area and therefore is acceptable.

4.4 Overall, the proposed use of land for residential purposes would integrate satisfactorily with the existing adjoining areas. No objections have been received following neighbour notification and it is therefore recommended that Planning Permission be granted subject to the following

conditions. ^I 1.