AGENDA ITEM No.

North Lanarkshire Council

Planning Applications for consideration of Planning Sub−Committee

Committee Date: 22 June 2017

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING SUB−COMMITTEE

22nd June 2017

Page Application No Applicant Development/Site Recommendation No

8−23 15/01 7921PPP Federated Mixed Use Grant (P) Investments Development LLP And Barratt Comprising 400 Homes West Dwellinghouses, Local Scotland Retail Provision, Community/Healthcare Provision, Associated Roads and Infrastructure. Site Between Carnbroe Road And M8 Carnbroe Coatbridge ML6 8RS

24−31 17/001 88/FUL Loganbay One Detached Grant Limited Dwellinghouse and two Semi−Detached Dwellinghouses Site North Of 1 Myrtle Road Viewpark Udd ingston

32−41 1 7/00407/PPP Mrs Lindsay Residential Grant Kane Development (Permission in Principle) Site East Of McLaughlan View, Harthill

42−47 17/00506/FUL Vertex RAS Extension to Petrol Grant Limited Filling Station Shop 3 Glasgow Road, Kilsyth, G65 9AE 48−56 I 7/00550/FUL Burney Estates DriveConstruction−Through of Grant Ltd Burger Restaurant and Takeaway and Pizza Takeaway with Associated Parking Tesco 15 Auchinbee Way Craigmarloch Cumbernauld G68 OEZ

57−61 1 7/00657/FUL Pick Your Floors Sub−division of Existing Grant Ltd Retail Unit into One Retail unit and One Hot Food Takeaway unit, including new shopfront alterations 539 Glasgow Road Wishaw ML2 71L

62−68 1 7/00742/FUL Dr Calum Conversion of One Grant Macinnes Dwellinghouse into a Two Semi−detached Dwellinghouses plus the Construction of a New Dwellinghouse 521−523 High Street Newarthill ML1 5SP

69−77 1 7/00749/AMD Loretto Housing Amendment to Grant Association Scheme to provide 4 Additional Flatted Units (Amendment to Planning Permission 1 5/01762/FUL) 2 Muiryhall Street Town Centre Coatbridge ML5 3EZ

(P)

15/01792/PPP If minded to grant, planning permission not to be issued until legal agreement signed requiring mitigation of education impacts. Application No: Proposed Development:

15/01 792/PPP Mixed Use Development Comprising 400 Dwellinghouses, Local Retail Provision, Community/Healthcare Provision, Associated Roads and Infrastructure.

Site Address:

Site Between Carnbroe Road And M8 Carnbroe Coatbridge MI−6 8RS

Date Registered:

21st August 2015

Applicant: Agent: Federated Investments LLP And Barratt Homes Andrew Bennie Planning Ltd West Scotland 3 Abbotts Court C/o Agent Dullatur G68 OAP

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 011 Coatbridge South 3 letters of representation received. T Carracher, T Castles, G Encinias and F MacGregor,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered contrary to the development plan but the site is considered to be in a sustainable location and the housing land supply policy provisions of the SPP, the SDP and local plan outweigh the Green Belt zoning in the determination of this application. This is further supported through the proposed inclusion of the site within the urban area in the emerging LDP. This is a sustainable development that will assist in providing a generous and feasible housing land supply in the area and will have no significant adverse impacts on the environment or local amenity.

Legal Agreement

If minded to grant, planning permission should not be issued until a legal agreement has been concluded which allows for a financial contribution to the Council to address education mitigation. na'disus \

−5− 'I &−

4Y½ /

_..,7 S_ \ FoxC /)Issues /

7/

−− − Heather

− . /7 V−IL

\−−

j\ −

−−

\O:charc − H Farm

It—−−−− ii −−−−−_ −− 1 —i−−_5: − −−−−−−−−'c:55' ! ourt

U I Reproduced by Planning Application: 151017921PPP permission of the Name (of applicant): Federated North Ordnance Survey on Investments LLP And Barratt Homes Lanarkhire behalf of HMSO. © West Scotland Council Crown Copyright and Site Address: Site Between Carnbroe databaseMI−6rights right 2009. All Road And M8, Carnbroe, Coatbridge, A reserved. 8RS Ordnance Survey Development: Mixed Use Development Licence number Comprising 400 Dwellinghouses, Local 100023396. Retail Provision, Community/Healthcare Provision, Associated Roads and Infrastructure Proposed Conditions:

That before development starts, a further planning application shall be submitted to the Planning Authoritymatters:−(a) in respect of the following 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, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details of the management and maintenance of the areas identified in (d), (k), (I), (g) and any other communal areas (f) the design and location of all boundary walls and fences; (g) the provision of surface drainage works incorporating SUDS; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be removed or retained; (j) details of existing and proposed site levels. (k) details of play areas commensurate with the scale of the proposed development. (I) details of the noise mitigation methods within the site and to buildings no(m)−buildthe phasing of the development for the entire application site; including all landscape buffers, buffers, open space and SUDS infrastructure.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.

That notwithstanding the requirements of condition 1 above, that the first application for matters specified by conditions shall include a phasing plan

Reason: to ensure the effective implementation of the overall site

3. For the avoidance of doubt, masterplan drawings figure 3.1 and drawing 04, are indicative only. The site layout shall be developed using the masterplan as a guide and taking account of the requirements of all conditions on this consent.

Reason: In order to confirm the terms of this consent.

4. That unless otherwise required by planning condition or agreed in writing with the Planning Authority, and subject to the conditions of this permission, detailed submissions shall accord with the following requirements:

a) The maximum number of residential units to be 400 b) The internal road layout should be in accordance with the principles of "Designing Streets" as published by the Scottish Government. Notwithstanding the terms of condition 3 above, a cul−de−sac arrangement as indicated as Secondary Transport Links are unlikely to be acceptable. C) A landscaped no build buffer measuring 6m shall be incorporated alongside the boundary with South Carnbroe Wood SINC d) A no build buffer shall be incorporated into the western boundary of the site (adjoining the railway line) in line with Appendix 4 of the Environmental Statement (Landscape/SUDS; drawing no. 4.1)

Reason: To define and ensure delivery of all key aspects of the permission, in accordance with the planning application, in the interests of nature conservation and enhancement and to protect the amenity of future residents.

5. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future users of the site.

6. That PRIOR to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future users adjacent to and within the development site respectively.

7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future users.

8. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

9. That notwithstanding the terms of the condition 8 above, all drainage should be diverted away from the adjoining trunk road and railway infrastructure and there shall be no SUDS within lOm of the railway infrastructure.

To ensure that the efficiency of the existing road network and railway infrastructure is not affected

10. That before any works start on site including preparatory works, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. The survey shall include surveys on otter, watervole and bats and a Badger Protection Plan. As a result of the study, should any mitigation measures be required for any protected species, this shall be implemented in accordance with the species protection plan agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Regulations 1994 (as amended); the Wildlife and Countryside Act (1981) as amended; the Protection of Badgers Act 1992 (as amended); and the Nature Conservation (Scotland) Act 2004'

11. No development shall take place within the development area until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme if Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority.

Reason: To identify and protect any putative archaeological remains with the site area 12. That before any works start on site including preparatory works the submission of a scheme of intrusive site investigations for the mine entries indentified in the Mining Stability Report including Coal Mining Risk Assessment (JWH Ross Ltd, September 2014) and the undertaking of those schemes of intrusive site investigations is submitted for the written approval of the Coal Authority.

Reason: To ensure that the proposed development and surrounding land is not at risk from coal mining features and hazards

13. Notwithstanding the requirements of condition 1 above, a detailed Noise Impact Assessment shall be prepared for each phase of residential development for the written approval of the Planning Authority. Thereafter, any agreed noise mitigation measures shall be implemented contemporaneously with the development.

Reason: To protect the residential amenity of future residents.

14. That notwithstanding the terms of Condition 1 above, a detailed Flood Risk Assessment, carried out by an appropriately qualified engineer, shall be prepared for each phase of residential development for the written approval of the Planning Authority. Thereafter, any agreed mitigation measures shall be implemented contemporaneously with the development. Following the construction of the flood mitigation works for any individual phase, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.

Reason: To ensure all matters relating to flood risk are adequately addressed and that it will not give rise to flooding within the application site or increase the flood risk elsewhere.

15. That notwithstanding the terms of conditions 1 above, before any Matters Specified by Condition are first approved, details of 'trespass proof boundary treatment alongside the railway line and trunk road shall be submitted to the Planning Authority for approval in consultation with Transport Scotland and Network Rail. These details shall include a timetable for completion of these works.

Reason: In the interests of safety.

16. That notwithstanding the terms of condition 1 above, before any applications for Matters Specified by Condition (relating to residential development) are first approved a strategy for the provision of equipped play areas shall be submitted to and approved in writing with the Planning Authority. Thereafter, all submissions of Matters Specified by Conditions shall accord with the agreed strategy.

Reason: To ensure the provision of strategic well designed play areas.

Background Papers: Consultation Responses: NLC Education received 19th February 2016 and 3d April 2017 Scottish Gas Network (SGN) received May 2016 NLC Greenspace received 20th May 2016 NLC Play Services received 191h May 2016 NLC Environmental Health (including Pollution Control) received October 2016 and Oct. 2017 Network Rail (NR) received 141h September 2015 NLC Traffic & Transportation received 16th September 2015 Scottish Environment Protection Agency (SEPA) received 7" October 2015 and l0" October 2016 Scottish Water (SW) received 27k" May 2016 Transport Scotland (TS) received 9"' September 2015 Scottish Natural Heritage (SNH) received 8k" September 2015 Health and Safety Executive received 4" September 2015 NLC Archaeology Service received 16th September 2015 The Coal Authority received 1 1thSeptember 2015

Contact Information: Any person wishing to inspect these documents should contact Suzanne Cusick at 01236 632500 Report Date: 14th June 2017 APPLICATION NO: 151017921PPP

REPORT

1. Site Description

1.1 The proposed site is approximately 32.4 hectares of grassland immediately north of the A8 Glasgow and Edinburgh Road, the existing Carnbroe settlement defines the site's north boundary with Carnbroe Road running central south to north through the site. Between the site and the A8 is a house with commercial dog kennels. A small north flowing stream, tree belt and open fields are to the east. The west boundary is bordered by a rail line beyond which is vacant land that has planning permission for the development of an 'Energy from Waste' (EfW) facility. A section of protected woodland lies to the north west of site. The proposed site is relatively open; at the south east corner is the Orchard Farm Pond with a range of mature trees spread throughout and hedgerows are either side of Carnbroe Road. The land is situated on an undulating site that rises to the south towards an east to west peak then falls northwards. There is no formal vehicular access to the site and informal pedestrian access is taken from gaps in fencing.

2. Proposed Development

2.1 The application which is in principle is for a new residential development with ancillary infrastructure, retail and a community/healthcare facility. The applicant has provided an indicative layout demonstrating the potential capacity for two neighbourhoods (one on either side of Carnbroe Road) totalling 400 dwellings, 465 − 700m2 of retail space and a community healthcare facility at the north of the site west of Carnbroe Road, open space with associated roads, cycle connection and infrastructure. Access to both parts of the site would be via the construction of 2 new roundabouts on Carnbroe Road. Information received with the application confirms the retail area would include a 400m2 food store and three smaller 50m2 units with parking provision for 49 cars. Carnbroe Road would be upgraded for cycle and pedestrian access to the existing Carnbroe settlement. The indicative masterplan shows the pond at the south−east of the site to remain. Although shown within the application site boundary, a further area of ground is shown without built development at the south edge of the site, (this area accommodating SUDs associated with the new motorway).

3. Applicant's Supporting Information

3.1 The applicant has provided supporting information summarised as follows:

An Environmental Impact Assessment (EIA) containing information on Traffic and Transportation, Socio —Economic, Noise Impact, Air Quality, Drainage and Flooding, Sustainability, Summary of Mitigation, Statement of Significance, Planning & Environmental Policy Framework, Geology and Mining, Nature Conservation, Environmental Method Statement, Screening and Scoping. Pre−Application Consultation (PAC) Report Planning Statement

4. Site History and Context

4.1 Application Site

• Application 14/01575/PPP for Mixed Use Development Comprising 400 Dwellinghouses, Local Retail Provision, Community/Healthcare Provision, Associated Roads and Infrastructure at Site At Carnbroe Road, Carnbroe. Application withdrawn 0 May 2015

Emerging Local Development Plan (LDP) Process • The site was submitted by the landowner to the 'Call for Sites' process which assesses proposed or future development sites for housing use. After consideration by the Council, the site was not included as a proposed site in the proposed LDP to meet the housing land supply shortfall. • The site was also subject to the Urban Boundary Review independent of the Call for Sites process to review all Green Belt sites that may be considered by virtue of their location as an area within the urban area. Consequently, the site was included in the draft North Lanarkshire Development Plan as being located within the urban area and identified as a Future Housing Development site.

Energy From Waste (EfW) facility (Shore Energy Limited) − − West of the Application Site Planning permission 09/006751FUL was granted at appeal on the 18th November 2012 for Energy from Waste (EfW) facility to the west of the application site. This permission was subsequently amended in April 2016 (15101820/AMD.

5. Development Plan

5.1 This application site raises issues of a strategic and local nature and therefore must be considered in terms of the Strategic Development Plan and Local Plan.

5.2 The site is identified as NBE3A Greenbelt in the North Lanarkshire Local Plan (NLLP).

6. Consultations

6.1 Health and Safety Executive (HSE) Confirm no requirement to consult as the site is out with any major hazard site/pipelines

6.2 Scottish Natural Heritage (SNH) Advised updated surveys and reports (otter, badger, badger protection plan, water vole) would be required with any detailed planning application submitted.

6.3 Transport Scotland (IS) No objection provided conditions that with any detailed application received conditions are imposed that the development is not occupied until the M8 /M73/M74 Improvement Scheme is fully operational; frontage details along the trunk road boundary are submitted as well as lighting details. No drainage connections to the trunk road drainage system are permitted.

6.4 NLC Transportation Confirm no objection to the application at this stage subject to further assessment at the detailed stage.

6.5 The Coal Authority Confirmed the site a 'Zone 1 High Risk Area' however concur that the mineral stability report submitted with the application makes the appropriate recommendations that all shafts within the site are located, treated, investigated and treated and provide mitigation measures for any subsequent intrusive site investigations. Additionally any subsequent application(s) for matters specified in the conditions relating to the site layout is to adhere to the Coal Authority policy (siting of buildings and avoid siting development over recorded mine entry on/off site).

6.6 Network Rail (NR) Raised concern over uncontrolled drainage towards railway line therefore advise a condition or advisory note is included to required that all surface or foul water from the development is diverted away from NR property with no SUDS within 10 metres of railway infrastructure line and designed with long term maintenance plans that meets the needs of the development. NR also requires the applicant ensures safety barriers are in place to prevent unsafe access to the railway. NR also advises the applicant should be aware that noise/vibration form the railway may result in neighbour issues arising and adequate protection of uses within the site is considered. During construction works must be undertaken that they do not disturb the operation of the embankment and supporting structures and details in all changes in level/foundations and operation of mechanical plant in proximity to rail line must be submitted to NR Asset Protection Engineer for approval prior works on the site.

6.7 The Councils Archaeology Advisor Confirmed agreement with the content and recommendations within the Environmental Impact Assessment (section 9) and the Written Scheme of Investigation received with the application. NLC Archaeology acknowledges that sites most impacted will be Carnbroe Rows and the remains of the tramway due to unknown remains within their vicinity. However on balance there are no scheduled monuments in the immediate environs that would be impacted visually and the risk to unrecorded archaeologically remains is insufficient to oppose development of the site. It is recommended a condition is imposed should the application be granted no development is taken place until the developer has secured a programme of archaeological work in accordance with a Written Scheme of Investigation submitted with the application and agreed by the local Archaeology Service and Planning Authority.

6.8 NLC Protective Services Confirm a comprehensive site investigation requires to be submitted to the satisfaction of the planning authority prior any development and depending on results a detailed remediation strategy should also be included if required.

6.9 A refined noise mitigation strategy should be submitted with any detailed application submitted that would include building orientation, garden area, retail area and details of noise barriers that would be incorporated within the proposed development. The outline mitigation measures within the Aecom report submitted February 2016 should also be incorporated within the refined noise mitigation report. An updated air quality assessment should be submitted with any detailed application that would include the new structure of the ongoing road works to the A8 south of the site detailing both present and future predicted levels for required parameters a comparison of the air quality with and without the development.

6.10 Scottish Environmental Protection Agency (SEPA) Confirm no objection to the proposal and the information received is sufficient for the purposes of this application however highlight the following matters that should be assessed during the submission of any detailed application.

6.11 The watercourses (North Calder Water and ponds) adjacent and within the site do not pose any flood risks and have no objection on flood risk grounds but note two areas as being within the medium risk probability of surface water hazard map that would require further assessment during detailed planning stage. A surface water sewer running through part of the site would also require further discussion with Scottish Water.

6.12 In terms of air quality SEPA acknowledges the air quality report concludes that the impact of traffic generated from the site, the new M8 extension and adjacent Carnbroe Energy form Waste (EfW) plant on local air quality will be negligible but asks that an updated Air Quality assessment should be submitted with any detailed application which considers the proposed changes to the EfW plant.

6.13 SEPA refer to the draft Heat and Generation Policy Statement (March 2104) that sets out the Scottish Government's approach to decarbonising our heat system and diversifying sources of heat and recommends the planning authority consider/coordinate the future connection of the proposed development to the approved EfW plant west of the site as a potential heat source.

6.14 In terms of SUDS two levels of treatment would be required for the roads and vehicle areas and roof drainage will require one level. All SUDS proposal will be to the requirements of the Water Environment (Controlled Activities)(Scotland) Regulations 2011 (CAR) which includes the requirement of a construction SUDS during development of the site to ensure no associated pollution contaminates the water environment.

6.15 Legislative consents will be needed for the removal of the Japanese Knotweed species growing near the site boundary

6.16 NLC Education Originally objected to the proposed development confirming the site was not included within the Housing Land Supply and dwellings were not been included in calculations for school provision in this area. NLC Education advised that if the development were to go ahead, they would request a developer contribution to allow a 2 classroom extension and any other, necessary infrastructure to be added to each of the schools in the new joint campus. To this effect NLC Education Service originally requested a Developer Contribution of £1,600,000 (4000 per unit) to ensure additional provision. However due to substantive changes in the area it is now considered a new build primary school is required to absorb this increased development and NLC Education now advise that should the application be granted a contribution of £7800.00 per dwelling would be required towards this new primary school for the area.

6.17 NLC Play Service Have no objection to the proposed development at this stage and provided the guidance on the minimum play space, play equipment, multi use games area (MUGA) and their location for a development of this scale that should be included with any detailed application submitted. NLC Play Service do note that the development is bisected by Carnbroe Road and would accepting of a split of play provision to the east and west of this road to facilitate access safely for all residents. Given the scale of development NLC Play Service would welcome further discussion with the developers regarding management of the future repair and maintenance play areas.

6.18 NLC Greenspace Acknowledge there will be no development within the SINC area (Orchard Farm Pond) however note three other SINCs adjacent the site boundary (South Carnbroe Wood and North Calder Water both to the NE and Faskine Estate Woodland and Pond to the SE). NLC Greenspace confirm disappointment that a buffer zone between dwellings and the South Carnbroe Wood is not greater than 2 metres to avoid potential future issues of leaf shading and fly tipping. In terms of biodiversity NLC Greenspace recommend that further updated surveys and reports would be required with the submission of any detailed planning application relating to badgers, otters, bats, access, and biodiversity enhancements. NLC Greenspace also request confirmation on the provision of a 6 metre buffer between South Carnbroe Wood SINC and the development boundary. In terms of public access, Greenspace would recommend a clear access strategy focussed on pedestrian and sustainable travel.

6.19 Scottish Gas Networks (SGN) Confirm the presence of a High Pressured Gas Transmission Pipeline outwith the site and that this will not be affected by the development. SGN advise no excavations, stockpiling of materials or crossings within 30 metre and that the applicant contacts SGN prior any development to identify the exact location of the pipeline.

6.20 Scottish Water (SW) Acknowledges the applicant is aware of the Scottish Water infrastructure within the site boundary surface water sewer and distribution main that would require further discussion with SW and submission of a detailed design proposal relating to the protection of SW assets prior any development. With regards to capacity SW has advised the applicant that there was sufficient water provision capacity in June 2015 and requested they submit a Drainage Impact Assessment (DIA). In terms of waste water SW confirm there is currently capacity at Daldowie Waste Water Treatment Works however further investigation is required to establish the capacity of Deanstone Walk Waste Water pumping station.

7. Representations

7.1 3 representations were received objecting to the proposed development. The following provides a summary of the comments received:

1. The narrow road running through Carnbroe (Carnbroe Road) is the main access route to the major motorway (M8) and will be unable to manage the additional vehicles this development will yield.

2. The Carnbroe area is overdeveloped; the site is located on Green Belt land and one of last undeveloped areas in Carnbroe which should be converted into a park area. There are other sites more suitable for development in the Coatbridge area and near train stations that would encourage use of public transport.

7.2 It should be noted that as above comments were received 12 months after the expiry of the neighbour notification period (21/09/2015). The applicant acknowledges the comments, however considers they would not qualify as valid objections to the application as not they were received outwith notification period. The applicant was advised in an email on the 27th March 2017 that it is our standard practice to take into account representations received at any time during the assessment process and therefore the representations are material to the consideration of this application. 8. Planning Assessment

8.1 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.

8.2 Development Plan: The Development Plan consists of the Glasgow and the Clyde Valley Strategic Development Plan 2012 and North Lanarkshire Local Plan 2012. The application is of strategic significance due to the zoning of the site in the adopted Local Plan and indicative number of dwellings proposed.

8.3 The site forms part of the Greenbelt under the Spatial Development Strategy of the Glasgow and the Clyde Valley Strategic Development Plan 2012 (SOP)

8.4 The Spatial Development Strategy notes that the Green Belt is central to the sustainable planning of the Glasgow and Clyde Valley city region and provides support to the positive action−orientated Green Network programme (a pro−active approach to wider environmental improvement throughout the plan area). In terms of the Spatial Vision of the SDP, it highlights that the Green Belt is an important strategic tool with a significant role to play in achieving key environmental objectives by directing planned growth to the most appropriate locations, and creating and safeguarding identity through place−setting and protecting the separation between communities. In this instance, the site is within the Green Belt and the proposed development is not in line with the Spatial Development Strategy. The SDP goes onto consider that the review of Green Belt boundaries should be a priority of Local Development Plans so as to ensure those key environmental objectives are achieved. This review, along with the assessment of promoted sites is currently being carried through the emerging Local Development Plan and it is acknowledged that a change in zoning from Green Belt to residential is proposed over the majority of the site.

8.5 Strategic Support Measure 10 'Housing Development and Local Flexibility' of the approved SDP provides the policy mechanism to allow for the early release of land in advance of the adoption of the emerging local development plan (LDP) in order to contribute to the five year effective housing land supply. This policy is relevant given the acknowledged shortfall in housing land supply within the Airdrie/Coatbridge housing sub−market area. This states that if further sites are needed, their identification should be guided by:

• Criteria in Diagram 4 of the SDP

• Absence of insurmountable infrastructure constraints

• Site being capable of delivering its house completions in the next 5 years.

• The vision and planning principles of the SDP and LOP

8.6 In responding to these criteria:

Assessing the application against Diagram 4 (Sustainable Location Assessment) criteria directly, it is noted that it would rate negatively in respect to the Green Network in technical policy terms (the site is adopted Green Belt); but otherwise, the development would be of a scale that would deliver housing land in the short term; would be a meaningful expansion to an existing settlement; would constitute only an acceptable incursion into the Green Belt; would contain a direct boundary to the urban area to the north, would maintain defensible Green Belt boundaries and would have footpath connections to the surrounding area Furthermore, there are no insurmountable technical constraints at the site, there are no prohibitive biodiversity designations, there are no existing passive recreational uses, while there are established bus routes, local services and community services in the surrounding area.

there are no insurmountable technical constraints at the site.

In respect of deliverability, information received from the applicant claims that a consortium of established developers (Barratt and Persimmon and one other house builder) intends to deliver 336 dwellings within the next 5 years. The Planning Service view is that this appears to be a rather ambitious estimate of build out rates with assumptions that each of the 3 builders will have completions of 32 houses per year, which is in excess of other similar developments in the area. However, it is clear that the site will make a meaningful contribution towards addressing the housing land shortfall with any un−built units after the 5 years contributing towards the need to have a generous and flexible supply. It is also noted that this criterion is not followed through in the emerging SDP which is due to be approved in Summer 2017.

In terms of the vision and planning principle of the development plan, it is acknowledged that the site is currently zoned as Green Belt but as noted earlier, the function of the Green Belt in this location has been eroded by the ongoing road works to the south and the energy from waste permission to the west, which when added to the existing urban area to the north and the significant tree belt to the east suggests that the new Green belt boundary advocated by the application (and also the emerging LDP) suggests that the proposal is in line with the vision and planning principles of the development plan.

8.7 Finally, in assessing the application against the principle Development Management policy in the SDP, it is concluded that whilst the application is not in line with the Spatial Development Strategy of the SDP, it can be regarded as an acceptable departure from the plan given that the proposal scores positively in terms of the sustainable location assessment and there is a known demand and need for the housing.

North Lanarkshire Local Plan (NLLP):

8.8 The North Lanarkshire Local Plan zones the site as NBE3A 'Green Belt' and not part of any planned land supply. In this respect, policy NBE3 'Assessing Development in the Green Belt' is also relevant. This defines acceptable forms of development in the Green Belt, including proposals necessary for agriculture, forestry, horticulture, telecommunications, renewables or appropriate outdoor recreation. Mainstream housing, as proposed here, is inconsistent. The associated SPG outlines the key purposes of the Green Belt as set out in Scottish Planning Policy (SPP) as including directing growth to the most appropriate locations, and to protect and enhance the landscape setting and identity of towns. The application is therefore considered to be contrary to policy NBE3 'Assessing Development in the Green Belt'.

8.9 Policy DSP1 'Amount of Development' is relevant, with specific reference to Criterion B Potential Additions to Planned Land Supplies due to the Green Belt status of the site. Additions to housing land supplies greater than certain thresholds outside identified sites require to be justified by demand assessments. The applicant's housing land supply comments within the supporting planning statement are noted and it is accepted that the Council has not maintained a five year effective housing land supply within this locale. As a consequence, given the site's contribution to addressing the shortfall, it is considered that the application accords with policy DSP 1.

8.10 Policy DSP2 'Location of Development' sets out criteria for potential additions to the land supply. Whilst not brownfield in nature, the site will benefit from using some existing infrastructure and services. If approved, the development would maintain a clearly defined Green Belt boundary, would have an acceptable level of accessibility, would utilise the existing road network, would provide a developer contribution towards education provision, would not impact unacceptably on environmental assets, would not impact on any known constraints and would not impact adversely on town centres. In this regard, while technically contrary to the Green Belt zoning, the application is considered to be acceptable under policy DSP2.

8.11 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. The financial contribution towards school provision could be satisfactorily addressed through legal agreement whilst provision of retail and the new health care provision to serve the proposed dwellings would accord with DSP3. 8.12 Policy DSP4 (Quality of Development) states that development will only be permitted where high design standards of site planning and sustainable design are achieved. Developments are also required to integrate successfully into the local area avoiding harm to neighbouring amenity and adverse impact on adjacent properties. The provision of roads, access and parking also requires to be assessed.

8.13 In terms of visual impact, it is considered there would be no significant landscape or visual effects arising from the development. Although immediately south of the existing Carnbroe settlement the existing mature hedging/trees on the sites north border lessens the views of the site from these dwellings. The site is most visible by vehicular traffic from the A8 and those travelling through Carnbroe Road. Consequently views are predominantly transitory which are considered less sensitive and focussed on the landscape than views experienced from residential dwellings and adjacent footpaths. Furthermore it is noted landscape treatment is intended as mitigation to reduce the visual impact of the proposed residential development and assist its visual integration in to the wider area. These are matters that can be addressed on submission of detailed applications. As such from a landscape/visual aspect the development would not have an adverse impact on the setting of the site.

8.14 In terms of internal design and layout, it is accepted that a suitable layout including play provision, open space, drainage, road layout, parking etc could be achieved subject to detailed consideration. In terms of infrastructure requirements there no substantive issues for refusal following the consultation process. North NLC Transportation and Transport Scotland have no objections to the proposal subject to conditions.

8.15 In terms of noise impacts from surrounding land uses, the masterplan layout (Environmental Impact Assessment, Appendix 4, figure 4.1 Landscape/SUDS) includes a buffer zone that would provide mitigation of any noise impacts from the surrounding nearby A8/M8 roads, railway line and the proposed energy from waste development. To ensure noise from pre−existing uses and the new Energy from Waste facility does not conflict with noise sensitive dwellings a condition imposed ensures the site layout received with the detailed application includes a buffer zone. A refined mitigation strategy will further address any potential noise issues.

8.16 It therefore considered in technical terms, the development could be accommodated. As the application is in principle only, it is accepted that the outstanding matters identified through the consultation process are satisfactorily achieved on submission of any detailed planning application.

8.18 SINC (Orchard Pond) south east of the site. The provision of a 6 metre buffer between South Carnbroe Wood SINC and the development boundary would be a requirement of any detailed application. As this is an application for planning permission in principle, it is accepted that this resource could be adequately protected and enhanced as part of any development.

8.19 It is accepted that drawings and additional information that would be received with any detailed planning application would address criteria of the policy DSP4 in terms of impact on residential amenity, road layout, flooding etc.

8.20 Policy ED12 B (Transport Development): As the site is adjacent to the A8 currently undergoing significant road improvements, part of the site is covered by policy ED12 B and is therefore relevant to the application. However given there would be no development at this part of the site that would result in any impact on the current road improvement the application would in principle comply with policy ED12 B

8.21 Policy RTC 3C (Neighbourhood and Local Centres Neighbourhood and Local Centres) and policy HCF2 Bi (Community Facilities) are relevant. Policy RTC 3C assesses the proposed retail development within smaller settlements and suburban centres whilst the latter acknowledges community facilities are integral to the well being of residential areas. The application proposes the development of 465 − 700m2 of retail space comprising one food store (400m2), three smaller 50m2 units and a community health care facility. The location servicing and parking of the proposed retail units and healthcare facility would be subject to further assessment on submission of any detailed planning application. The application is considered in principle comply with policies RTC 3C and HCF2 Bi 8.22 Drawing together consideration of the North Lanarkshire Local Plan, it is concluded that although contrary to policy NBE3 (Green Belt) the proposal may be considered in principle to accord with policies DSPI, DSP2, DSP3, DSP4, ED1 1 and RTC 3 relating to housing land supply, economic and retail development.

Material Considerations

North Lanarkshire Local Development Plan (NLLDP) 9.1 The Planning and Transportation Committee approved the Proposed North Lanarkshire Council Local Development Plan on 10 August 2016 and the consultation period expired on 24 March 2017. A report will be presented to committee in due course advising of the outcome of the consultation and recommending the next course of action.

9.2 This site was put forward by the land owner as a suitable housing site in the call for sites' process of the LDP. This was assessed against a sustainability and deliverability matrix. This site was not considered one of the most suitable to meet shortfall in Airdrie/Coatbridge Housing Sub−Market Area based on its performance against the Sites' Sustainability and Deliverability Matrix criteria/factors. However following a separate Urban Boundaries Review process, this site is included within the Urban Boundary and therefore was identified as a Future Housing Development Site', these being sites which have the potential to be developed to meet future housing need. The LDP document states that such sites would have to be justified on the basis of housing need and or locational circumstances. The case for housing need has been established and the location has been demonstrated as being sustainable.

9.3 The exact nature and extent of representations received in relation to the proposed designation at this site is not yet known but it can be confirmed that some objections have been received. The implication for this is that (in normal circumstances) the proposed designation would be the subject of examination by Scottish Government Reporters as part of the LDP process. However, if planning permission were to be granted then that would effectively allow an LDP zoning for housing to be confirmed and there would be no need for the zoning to be examined by the Reporters. In any case, given the stage in the process of the emerging LDP, it is considered that limited weight can be given to the proposed designation of this site at this time. Instead, it is suggested that significant weight should be given to Scottish Planning Policy (as noted above) which states that significant weight should be given to bringing forward sustainable sites (such as this) which will assist in addressing the housing land shortfall.

9.4 It must be acknowledged that for those who may have objected to the site's designation in the LDP, they will be denied the right to be heard by Reporters in the LDP examination process. However, it should also be noted that there were limited representations submitted as part of the planning application process. Also, whilst the importance of a plan led system is recognised it is not possible for the Council to await the conclusion of the LDP process (anticipated to be early 2018) before it identifies the means of addressing the current and pressing housing land shortfall, as demonstrated by the recent appeal decision for housing on the north side of the application site, bearing in mind that site was also in the Green Belt but did not even feature as a proposed site within the proposed LDP.

9.5 The emerging Strategic Development Plan (Clyde Plan 2016) is at a more advanced stage in its process, having been though Examination and the Reporters' report published. Fundamentally, the vision and strategy of the emerging Clyde Plan does not differ significantly from that taken in the approved SDP and therefore would not (as a material consideration) change the assessment of this particular proposal.

Scottish Planning Policy (SPP)

9.6 SPP provides general principles by which Scottish planning policy and other land use matters should be assessed. The purposes of Green Belts include directing growth to the most appropriate locations and to protect and enhance the quality, character, landscape setting and identity of towns. It notes that Green Belt designation should provide clarity and certainty on where development will and will not take place. The Council has expressly defined Green Belt boundaries within the North Lanarkshire Local Plan and has very clear related policies on acceptable Green Belt proposals. However the SPP in determination in Green Belt sites for residential development gives weight to the presumption in favour of sustainable development in circumstances where a five year effective housing land supply is not being maintained by the Council and the adopted Local Plan is out of date. SPP states that where a plan is under review it may be appropriate to consider whether granting planning permission would prejudice the emerging plan. Such circumstances are only likely to apply where the development proposed would be so significant that to grant permission would undermine the plan−making process by predetermining decisions about the scale, location or phasing of new developments that are central to the emerging plan. Prematurity will be more relevant the closer the plan is to adoption or approval. Given adoption of the plan may be 2018 it is not considered the granting of planning permission in principle to be premature. In this case, it is considered for the reasons set out earlier in the report, a departure from the primary zoning can be justified and with limited impact.

9.7 As mentioned above in paragraph 1.1 planning approval is in place for the erection of an EfW facility west of the application site. Paragraph 191 of the Scottish Planning Policy (SPP) recommends that buffer zones of 250 metres may be required between dwellings and sensitive receptors such as waste management facilities. The layout plan received is at this stage indicative only but does show houses within the 250m buffer. However it should be noted the applicant has submitted sufficient information on noise, odour, pollution that demonstrates they have considered all potential impacts on the amenity of the proposed residents from the proposed EfW facility. Furthermore following a review of submitted reports relating to Noise and Air Quality and the mitigation measures proposed NLC Protective Service confirm these matters can be addressed during the assessment of any detailed application received.

10. Assessment of Consultation Responses and Representations

Consultation Responses

10.1 Scottish Natural Heritage (SNH) A condition imposed ensures updated ecology surveys and reports will be submitted any detailed application received.

10.2 Transport Scotland (TS) The conditions TS require relating to timing of occupation of the site, boundary treatments, drainage and lighting will be included and will details will received with any detailed application received.

10.3 NLC Transportation A Construction Consent (RCC) will be required with any detailed application submitted.

10.4 The Coal Authority A condition has been imposed that ensures a scheme of intrusive site investigations for the mine entries indentified in the Mining Stability Report including Coal Mining Risk Assessment (JWH Ross Ltd, September 2014) and the undertaking of those schemes of intrusive site investigations is submitted for the written approval of the Coal Authority is submitted with this application. It is noted that additional information relating to the required remedial works, no build zones and treatment of recorded mine entries will be required with any detailed application received.

10.5 Network Rail (NR) Th requirements of Network Rail in terms of drainage can be addressed by condition. With regards to maintenance of the SUDS, fencing, proposed trees/shrubs; these matters can also be considered during the assessment of any detailed application submitted.

10.6 NLC Archaeology A condition is imposed that no development is taken place until the developer has secured a programme of archaeological work in accordance with the Written Scheme of Investigation is submitted and approved by NLC Archaeology Service and Planning Authority.

10.7 Scottish Environmental Protection Agency (SEPA) The following matters raised by SEPA are noted and conditions have been imposed ensuring the submission of detailed surveys/reports on flood risk and surface water, noise, SUDS are received with any detailed application is received. An updated air quality report was also requested to be submitted with any subsequent detailed application. However the reassessed Air Quality chapter of the Environmental Statement reviewed the impact of the 400 dwellings, commercial uses and associated infrastructure as well as the impact of EM! and the surrounding road network. The conclusions of the reassessment did not alter the Environmental Statement and it was also found that the EfW development would have a negligible impact on the development. SEPA also conclude that the impact from traffic generated from the site, the new M8 extension and adjacent Carnbroe Energy form Waste (EM!) plant on local air quality will be 'negligible'. Therefore in this instance there is no requirement for the submission of a further and updated Air Quality Assessment. In terms of the CARS licence and the removal of Japanese Knotweed these would be the applicant's responsibility but have been included as advisory notes. The potential for the EM! plant as a potential heat source to the development is noted and will be for the respective parties to take this forward.

10.8 NLC Protective Services Conditions are imposed ensuring the submission of a comprehensive site investigation, a refined noise mitigation strategy; a validation report and Noise Impact Assessment are received with any detailed planning application received. We acknowledge an updated Air Quality Impact Assessment was also requested however it is considered that the revised details within the reassessed Air Quality chapter of the Environmental Statement fully addresses the impact of all co−locational uses and sites. Paragraph 8.16 also confirms noise issues from surrounding land uses (A8/M8 motorway, Shore Energy facility, Rail Line) has been considered and that a condition imposed ensures the detailed application includes a buffer zone to mitigate against co−locational uses.

10.9 NLC Education If minded to grant, planning permission will be issued when a legal agreement has been concluded which allows for a financial contribution to the Council of approximately £7800.00 per dwelling addressing education mitigation.

10.10 NLC Play Service The comments on play space, equipment and their size and location are noted and will be assessed on submission of any detailed application submitted. Matters relating to the maintenance and care of play areas/equipment would be considered during assessment of any detailed application submission.

10.11 NLC Greenspace Conditions are imposed to ensure detailed reports and surveys (badgers, otters, bats, access, and biodiversity enhancements) are submitted with any detailed application. Buffer zones and the pedestrian/sustainable travel access strategy would be assessed as part of any detailed application received.

10.12 Scottish Gas Networks (SGN) A condition has been imposed to ensure that prior any development including preparatory works the developer gains written approval from SGN that they are satisfied the proposed development will not impact on the High Pressured Gas Transmission Pipeline.

10.13 Scottish Water (SW) It is noted the applicant requires further discussion with SW regarding their assets and infrastructure within the site boundary. This will be dealt with during assessment of any detailed planning application.

Representations:

10.14 In response to representations, the following comments are given:

1. With regards to the impact on the existing Carnbroe Road as mentioned above the proposal includes the upgrade of this road to accommodate the proposed development. NLC Traffic and Transportation confirm no objection to the application. The proposed road network within and adjacent the site will be addressed as part of future detailed submissions.

2. It is acknowledged the application may be regarded contrary to Green Belt policy as discussed above in point 8.11 however it is considered in principle to comply with the housing land supply policies in that it would address the shortage in housing land supply as required by the SDP and the SPP 10. Conclusions

10.1 A summary of the above assessment follows:

10.2 It is acknowledged the proposed development is considered to be contrary to Green Belt policy within the adopted local plan. However as mentioned above the current development plan has failed to ensure a 5 year rolling supply of housing and in such circumstances the SPP states that the relevant policies for the supply of housing should not be considered up to date if the planning authority cannot demonstrate a five year supply of deliverable housing sites. On this basis the proposal is considered to meet the terms of policy DSP1 in terms of addressing the shortfall. Also, it is concluded that the proposal accords with local plan policy DSP2 and SDP policy Strati 0, both of which seek to establish the suitability of additions to the land supply. Therefore although contrary to Green Belt policy, the site is considered to be in a sustainable location and the housing land supply policy provisions of SPP, the SDP and local plan outweigh the Green Belt zoning in the determination of this application. This is further supported through the proposed inclusion of the site within the urban area in the emerging LDP.

10.3 In terms of detailed assessment, the development has been shown to be suitable in terms of criteria such as transportation, noise, air quality, landscape impact and drainage. Moreover, the new development has been demonstrated (subject to conditions and further assessment at the detailed stage) to be compatible with surrounding land uses such as the trunk road to the south, railway to the west and proposed energy from waste plant, also to the west.

10.4 With regards to the proposed retail units and the community health facility ancillary to the residential development these are considered to comply with the relevant local plan policies in that they are appropriate to the function and sustainability of the new neighbourhoods.

10.5 In conclusion therefore, the development, whilst contrary to the Green Belt status of the site, has been shown to be sustainable and would assist in meeting the housing land supply shortage in the area. The new Green Belt boundary would be appropriate and defensible. The proposal has therefore been demonstrated to be an acceptable departure from the development plan. It is therefore recommended that planning permission be granted subject to conditions and subject to a legal agreement which requires financial contribution from developers to the Council to address education impacts. Application No: Proposed Development:

17/001 88/FUL One Detached Dwellinghouse and two Semi−Detached Dwellinghouses Site Address:

Site North Of 1 Myrtle Road Viewpark Uddi ngston G71 5JF

Date Registered:

7th February 2017

Applicant: Agent: Loganbay Limited Ecoplan Architectural Limited 5 FernhUl Grange Meadowlands Bothwell Kippford Glasgow Dalbeattie G71 8JH DG5 4LG

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 14 Thorniewood 0 letter(s) of representation received. Steven Bonnar, Robert Burrows and Hugh Gaffney.

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered to be acceptable for its location as it will result in vacant land in close proximity to a residential area being brought into use.

ProposedConditions:−1.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings numbers:− 1237−001, OIA, 02A, 03A, 04B, 05A and 06.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That, notwithstanding the terms of condition 1 above, and except as may otherwise be agreed in writing by the Planning Authority, and BEFORE the development hereby permitted starts, full details of the external render to be used on the development hereby approved, shall be submitted to and be approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

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

3. That, notwithstanding the terms of condition 1 above, and 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.

4. That, BEFORE the dwelling house hereby permitted is occupied, all the fences, or walls, as approved under the terms of condition 3 above, shall be erected.

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

5. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water and that all requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and infrastructure to serve the development.

Reason: To ensure the provision of satisfactory site drainage arrangements and to prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

6. That PRIOR to any works of any description being commenced on the application site, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant CIRIA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future users adjacent to and within the development site respectively.

That the SUDS compliant surface water drainage scheme approved in terms of Condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.

Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future users.

8. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175:2011 'The Investigation of Potentially Contaminated Sites' orCLR 11. The report must include a site specific risk assessment of all relevant pollution linkages, be carried out in accordance with the Environment Agency publication Model Procedures for the Management of Land Contamination CLRII, and be submitted in both hard copy and electronic format. Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

9. That any remediation works identified by the site investigation required in terms of Condition 8, shall be carried out to the satisfaction of the Planning Authority. Before the development hereby permitted is commenced a certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

10. That before the development hereby permitted starts, all parking and manoeuvring areas shown on the approved plans, shall be levelled (driveway gradients not exceeding 10%), properly drained, surfaced in a material which the planning authority has approved in writing before the start of surfacing work, (the first two metres should be paved) 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.

11. That, accept as may otherwise be agreed in writing by the Planning Authority, nothing above 1 metre in height should be allowed to encroach forward of the front elevation within the curtilage of each dwellinghouse hereby approved.

Reason: In the interests of pedestrian and traffic safety.

12. That, before the development hereby permitted starts, details shall be submitted to and approved in writing by the Planning Authority for the relocation of the bus stop and no works should commence on site until this has been agreed in consultation with North Lanarkshire Council Roads and Transportation and Strathclyde Passenger Transport.

Reason: In the interests of traffic and pedestrian safety.

13. That, before any other works take place on the site, the bus stop shall be relocated to the position approved under the terms of condition 12 above.

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

Consultation Responses:

4th Environmental Health (including Pollution Control) − February 2017 28th Roads & Transportation − February and March 2017 Contact Information:

Any person wishing to inspect these documents should contact Ms Lisa Smith at 01236 632500

Report Date: 6th June 2017 APPLICATION NO. 17/00188/FUL

REPORT

1. Site Description

1.1. The site is a gap between an existing functioning convenience store and Tannochside Business Park. Immediately west of the site is a housing development underway at the former lbstock Brick site, south west is Tannochside Primary School and east of the site is the existing residential area of Viewpark. Myrtle Rd is a main bus route with cars of existing terraced houses parking on the east side of the road. The site is not level and is at its highest at the centre of the site sloping down at various degrees towards its perimeter. The site is currently undeveloped and surrounded with a 1.8 metre high metal fence.

2. Proposed Development

2.1 The proposed development is one detached and two semi−detached two storey dwellinghouses with associated in−curtilage parking and garden ground. Originally four semi detached houses were proposed but following discussions around not meeting Council Standards on garden depths the proposal was altered to that now proposed, to improve garden ground available for the narrowest section of the site. An existing Bus Stop needs to be relocated to secure traffic and pedestrian safety and in the interest of the amenity of future residents of the application site.

3. Applicant's Supporting Information

3.1 The applicant has submitted a Design and Access Statement. They have stated that they view the site as brownfie?d which they aim to improve with quality houses and external finish materials and landscaped gardens. They state that the site has good access to shops, roads and public transport and that the development will be in harmony with the surrounding environment.

4. Site History

4.1 None.

5. Development Plan

5.1 In the adopted North Lanarkshire Local Plan, the application site is located within an area designated as EDI 1A1 − Industrial and Business Areas. Policy DSP 4 − Quality of Development and Supplementary Guidance (SPG 14) are also relevant.

6. Consultations

6.1 The Council's Roads and Transportation Section advised that they have no objections subject adherence to: − dropped kerb specifications; − a visibility splay of 2.5m x 20m and nothing higher than 1 metre for each driveway; − driveways with widths of 5.5m, gradients not exceeding 10%, fully paved for the first 2m and with drainage facilities; − 3 in−cu rtilage parking spaces per dwelling house.

6.2 The Council's Protective Service Section have advised that a site investigation will be required. Remediation work identified will require to be undertaken and verification provided by the developer to the satisfaction of the Council.

7. Representations

7.1 No letters of representation have been received. 8. Planning Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the Local Plan policies. In the North Lanarkshire Local Plan the site is covered by EDI 1A1 − Industrial and Business Areas. Policy DSP 4 − Quality of Development and Supplementary Guidance (SPG 14) are also relevant.

8.2 Policy EDI 1A1 sets out that the Council will support the continuing character of existing industrial and business areas, where appropriate and will assess changes of use against set out criteria and Supplementary Planning Guidance (SPG 14). Criteria includes surplus of industrial land supplies, undermining the character of an existing industrial area, locational requirement, economic benefit, suitable alternative sites and whether a development will re−use vacant or under−utilised land. Supplementary Planning Guidance (SPG 14) reiterates this criteria.

8.3 Permission is sought for one detached and two semi−detached two storey houses on a site currently designated as existing industrial land and for this reason the proposal is contrary to the development plan. However, in terms of Policy EDI 1A1 criteria, the site is relatively small and following completion of the former Ibstock Brick Site, it will be flanked by dwellinghouses to the west, east and south. Tannochside Business Park located directly north of the site is not considered an issue as the design of the park coupled with boundary treatments and shrubbery sets it back from the site and Myrtle Road. The Council's Protective Service Section have advised that a noise impact assessment was not required for the application as a recent noise assessment for a nearby development demonstrated that noise from Tannochside Business was not an issue. In this respect, it is considered that housing at this location will not be detrimental to the character of Tannochside Business Park and will result in an over grown section of land being brought into use, thus improving the residential amenity of the surrounding residential area.

8.4 In terms of garden ground available, it is considered that the proposed amount within each plot is acceptable given that all three plots will back on to a suds/open space area. In terms of the visibility splay and again subject to the relocation of an existing Bus Stop, the visibility splay can be met for plots one and two. Plot three can meet the visibility splay to the south but not to the north. This land is outwith the control of the applicant and due to the mesh design of the fence which offers some visibility, this is not considered to have an impact on visibility suffice to warrant refusal of the application.

8.5 The front elevations of existing houses on the east side of Myrtle Road are a distance of 17 metres to the heel of the kerb of the application site and therefore window to window distances are not an issue. Due to the location of the houses proposed and the design of the housing site on the former Ibstock Brick site immediately at the rear of the application site, daylight, sunlight and privacy are not considered an issue.

8.6 External finish materials proposed are Russell Grampian dark grey roof tiles, grey UPVC windows and doors, grey UPVC fascias, soffit boards and verge boards and black UPVC gutters and downpipes. Walls will be finished in a render which will be subject to a planning condition. Solar Panels will be located on the roof of all three houses.

8.7 The design of the houses are considered acceptable and together with this, acceptable external finish materials, daylight, sunlight, privacy and window to window distance it is considered that the proposed development meets the relevant criteria of DSP 4.

8.8 Roads and Transportation's request for 5.5 metre wide in−curtilage driveways is not considered to be justified. The provision of 5.1 metre wide driveways by the applicant is considered acceptable for the development proposed. Other requirements around drainage, surface treatments and gradients will be subject to planning conditions.

8.9 Pollution Control's request for a Site Investigation will be subject to a Planning Condition. 9. Conclusion

9.1 The proposed development is considered to be acceptable for its location as it will result in vacant land in close proximity to a residential area being brought into use. The design of the houses proposed are considered acceptable, will not harm the character of an adjacent industrial and business area and will accord with Policies EDI 1A1, DSP 4 and SPG 14. Application No: Proposed Development:

1 7/00407/PPP Residential Development (Permission in Principle) Site Address:

Site East Of McLaughlan View, Harthill

Date Registered:

13th March 2017

Applicant: Agent: Mrs Lindsay Kane Walter Struthers 2 Bell Grove Daiziel Design Law Village 1 Braefoot Court Scotland Law Village MI−8 5FF Scotland MI−8 5HY

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 13 Fortissat 4 letter(s) of representation received. Thomas Cochrane, Martin McCulloch, Kenneth Stevenson, Sandy Thornton,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development could be accommodated within the site without adversely affecting the residential amenity of neighbouring properties or residential character of the surrounding areas. As such it is considered that the principle of residential development broadly accords with the policy provision of the North Lanarkshire Local Plan 2012. C

rI __0 o EI IJEj U . El TTh E lII:z:II 't9.,T

Li\

Tr ci

62 C6

Pc 1r 1El0 11T ir kk—Reproduced

by permission of Planning Application: 17!00407IPPP the Ordnance Survey on Name (of applicant): Mrs Lindsay Kane N 4 North Copyright and database right Site Address: Site East Of McLaughlan Lanarkshire 2009. All rights reserved. View, px up Council Ordnance Survey Licence Harthill 'I)' number 100023396. Development: Residential Development (Permission in Principle) ProposedConditions:−That

before development starts, a further planning application shall be submitted to the Planning Authorityplots(s):−(a) in respect of the following matters for the relevant 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 of the management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls fences; (g) details of existing trees, shrubs and hedgerows to be retained; (h) details of existing and proposed site levels together with any retaining structures.

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

2. That the development hereby permitted shall be in the form of no more than four single house plots which shall be served by a singular vehicular access to be approved by the Planning Authority.

Reason: To define the permission and in the interests of vehicular safety.

3. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.

Reason: To ensure that the site is free of contamination in the interests of the amenity of future residents.

4. That any remediation works identified by the site investigation report required in terms of Condition (3) above shall be carried out to the satisfaction of the Planning Authority prior to the first occupation of the houses hereby approved. Before any of the dwellinghouses are occupied a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure the site is free of contamination in the interests of the amenity of future residents.

That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be 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 provision of satisfactory drainage arrangements.

6. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

7. That the SUDS compliant surface water drainage scheme required under Condition 6 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the development hereby permitted is brought into use, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA guidance and the certified plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and users within the development site.

8. That the site is developed in accordance with the Councils 'Developers Guide to Open Space' in terms of the minimum space standards and space around dwellings.

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

That notwithstanding the terms of condition I above, the site is to be developed in accordance with the Council's car parking standards for residential development which is 2 spaces for up to 2 bedroom houses; 3 spaces for 3−4 bedroom houses and 4 spaces for 4−5 bedroom houses plus visitor parking.

Reason: In order to provide adequate parking provision in the interests of road safety and residential amenity.

10. 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 interest of amenity and nature conservation.

11. That notwithstanding the terms of condition 1 above, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the mature trees, along the eastern and southern boundaries of the site, and shall not be removed without the approval in writing of the Planning Authority.

Reason: In the interest of amenity and nature conservation.

12. That should 6 months or more elapse between the granting of planning permission, and development commencing, a further survey shall be undertaken on the site to determine the presence of badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation or protection of any protected species, these shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007. Background Papers:

Consultation Responses:

Traffic & Transportation received 27 April 2017 Scottish Environment Protection Agency received 17 March 2017 Environmental Health (including Pollution Control) received 21 March 2017 West Lothian Council received 22 March 2017 NLC Greenspace received 12 June 2017 Education received 15th March 2017

Contact Information:

Any person wishing to inspect these documents should contact Mrs Susan Hunt at 01236 632500

Report Date:

12th June 2017 APPLICATION NO. 171004071PPP

REPORT

1. Site Description

1.1 The application site comprises an area of vacant land to the east of McLaughan View, Harthill. The site extends to 1954 sq.m and has a steep cross fall. The site slopes down from the access point at McLaughlin View down to the rear boundary to its lowest point at the north east corner of the site (approximately 3−4m lower than the access point). The south eastern pocket of the site rises to the southern boundary (approximately 2m). The site is largely surrounding by residential properties. Immediately to the north are existing dwellinghouses along Murdostoun Crescent (which it at a higher level than the application site) and a triangular area of rough ground owned by NLC. To the east is a narrow strip of rough ground under the administrative control of West Lothian Council with Greenrigg Primary School and residential properties at Polkemmet Lane beyond (which sit at a higher level to the application site). To the south is open ground which is marked as communal to the flats at Viewfield Place. To the east are existing dwellinghouses along McLaughlan View.

2. Proposed Development

2.1 Planning permission in principle is sought for a residential development with vehicular access being taken from McLaughlan View to the west. The applicant has provided an indicative layout plan showing four house plots being accessed from the current termination point of McLaughlan View which takes the form of a turning head. The vehicular access is shown as 6.5m wide adjacent to No.11 McLaughland View which would accommodate a 5m wide carriageway and a 1.5m wide footway along the southern edge of the site.

3. Applicant's Supporting Information

3.1 The applicant submitted a written statement in support of the application.

4. Site History

• 02/01661/OUT Erection of 3 Dwellinghouses (Outline) granted 20.03.2003 .05/02102/OUT Erection of 6 Detached Dwellinghouses (In Outline) withdrawn 02.03.2007 • 07101477/OUT Formation of 5 No Serviced Residential Building Plots granted 10.02.2009 • 10/00233/FUL Erection of Two Detached Dwellinghouses with Detached Garages granted 14.05.2010 • 12/003941FUL Amendment to Application Ref: 10/00233/FUL Through the Substitution of Plot 2 House Type granted 09.07.2015

5. Development Plan

5.1 The application site is zoned as HCF 2 A 1 − Promoting Housing Development (Sites for Short Term Housing) in the North Lanarkshire Local Plan 2012. DSP1−3 Development Strategy Aims (Amount, Location, Impact and Quality of Development) also apply.

6. Consultations

6.1 NLC Traffic and Transportation recommend refusal of the application. The access road is substandard in terms of width, horizontal geometry, pedestrian facilities and turning facilities and would not receive Construction Consent. It is noted that there appears to be no scope to provide a road designed and constructed to an adoptable standard ie 5.5m wide carriageway 2m wide footway along both sides terminate in a turning facility, minimum curve radius of 25m, minimum gradient 0.8%, maximum gradient 8%, street lighting and drainage, due to the boundary connection with the existing termination of McLaughlan View.

6.2 NLC Greenspace has not objected to the application. It is noted that the site has no conservation designations associated with it. Following a site walk over by NLC Greenspace they have provided advice and guidance on the potential presence of protected species, breeding birds and Japanese knotweed. A condition requiring a further walk over survey prior to any construction works commencing and a bat survey could be applied to any permission. The advice and guidance on breeding birds and Japanese knotweed could be attached by means of an informative.

6.3 NLC Protective Services has no objection to the application. A Site Investigation is required prior to any works starting on site and this could be adequately controlled by condition. Standard best practice guidance any construction works on site has also been provided.

6.4 West Lothian Council has not objected to the application. West Lothian has advised that whilst a small section of the site falls under their administrative control education provision would be provided by NLC due to the site access being within the NLC boundary.

6.5 SEPA was consulted due to the site being located within an area of risk relating to fluvial flooding and has no objection to the application.

6.6 NLC Education has advised that Alexander Peden Primary School will reach capacity by 2024; however, given the small number of pupils anticipated to be produced by the proposed development a developer contribution is not requested at this time.

7. Representations

Following the standard neighbour notification procedures and press advert 4 letters of representation have been received and the matters raised can be summarised as follows:

i. There is not enough parking for homeowners in the street and more houses will cause more obstructions.

ii. There are existing problems with inconsiderate parking along McLaughlan View. This is exacerbated on occasions where there are large visitor numbers to the street (such as gala days or parties at individual houses). This has caused tension and arguments in the past.

iii. Another access is needed for the development. This would keep the current development and proposed development separate.

iv. The access is not wide enough for a dual track road or provision of a pedestrian pavement.

v. There have been problems with children using the road (McLaughlan View) as a football field/play park and causing damage to cars and dwelling houses.

vi. Loss of light or overshadowing

vii. Noise and disturbance resulting from use.

viii. The mess that will be created on the street during construction.

ix. The site is used by wildlife and the development would result in a loss of habitat

x. The area of land was meant as a drying area and or garden fro the houses that are at the end of McLaughlan View leading to Viewfield Place but the Iandlaord has rented the flats out and sold the land. What happens when these houses are sold in the future and require gardens.

xi. There will be a loss of view for homes facing these proposed houses.

xii. The application site encroaches on land outwith the ownership of the applicant.

8. Planning Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 states that a planning application should be assessed against the relevant Development plan policies unless material consideration indicate otherwise. In this case, the proposal is not of strategic significance and as such, should be assessed in terms of the relevant local plan policies.

8.2 It is noted that the eastern extent of the site falls within the administrative boundary of West Lothian Council and as such a separate planning application has been made in respect of this area. West Lothian Council has been consulted on this application and has not raised any concerns or objections.

8.3 The site is zoned as HCF2 A 1 Promoting Housing Development (Sites for Short Term Housing) in the North Lanarkshire Local Plan 2012 and therefore the principle of residential development is acceptable and in accordance with the North Lanarkshire Local Plan 2012.

8.4 The North Lanarkshire Local Plan also requires all proposed developments to be assessed against policies DSP1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of development) and DSP4 (Quality of Development). Due to the HCF 2 A 1 zoning and the limited scale and nature of the development it is considered that the proposal raises no issues with regards to policies DSP1−3.

8.5 Policy DSP 4 Quality Development states that development will only be permitted when an appraisal has been carried out of the existing character and features of the site and its setting, including landscape, biodiversity, heritage or amenity value and where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting avoiding any adverse impact on residential amenity and taking account of any transportation issues.

8.6 As this application is for permission in principle full details have not been submitted; however, the applicant has provided an indicative layout plan. It is considered that a proposed residential development could integrate satisfactorily with surrounding land uses. From the indicative layout plan and based on the available site area it is considered that 4 house plots could be accommodated within the site whilst meeting the requirements of open space and parking provision together with an access road. It is also considered that there is sufficient scope within the site area to accommodate the 4 dwellinghouses without adversely impacting upon privacy or sunlight daylight of neighbouring properties by meeting minimum distances between existing properties, albeit detailed plans, house types and levels would have to be given further consideration at matters specified in condition stage.

8.7 Of particular relevance in the assessment of this application is part (b) which requires that vehicular access be safe for all road users and appropriate parking or traffic calming being well located and integrated. Consideration has been given to the ability to gain vehicular access to the site from McLaughlan View. It is noted that the entrance has been physically constrained by the completion of the new build dwellinghouse at No. 11 McLaughlan View granted permission in 2010 (10/00233/FUL) and subsequently amended in 2012 (12/00394/FUL). It is acknowledged that to continue McLaughlan View along to an adoptable standard (including a footpath on either side) would require an access point of a minimum of 9m wide. From the plans submitted it is clear that this standard cannot be achieved with the pinch point on accessing the site measuring 7.1 m wide. Given the HCF2 A 1 zoning and the planning history of the site (particularly the 2007 application for 5 houses) it is considered unreasonable to refuse planning permission on the lack of a suitable width of access and considered appropriate to take a pragmatic approach to achieving the best possible access to the site from McLaughlan View with a 5m wide road with a single footpath running along the southern boundary of the site and into the development. With this in mind a condition restricting the number of dwellinghouses within the application site is considered reasonable to apply.

8.8 In terms of the comments from NLC Greenspace it is noted that a walk over survey of the site was undertaken to establish the potential for habitat to support protected species. From this it is recommended that a further walk over survey be carried out in respect of badgers should construction works not start on site within 6 months. Given that this application is for planning permission in principle and further Matters Specified by Condition or full detailed applications are required it is anticipated that a condition be applied requiring the survey to be carried out as part of any further applications. It is noted that there are mature trees along the eastern and southern boundaries of the site. At this stage, given there is no detailed site layout, it is considered prudent that a condition be applied to require the protection and retention of the trees. Further details regarding their protection or removal can then be assessed once a detailed layout is received at the matters specified in condition or detailed application stage.

8.9 The matters raised in the representation letters are addressed in the paragraphs below.

8.10 There is not enough parking for homeowners in the street and more houses will cause more obstructions. It is considered that adequate visitor parking to serve the proposed dwellinghouses could be accommodated within the application site area. It is not incumbent upon the current applicant to address any existing shortfall in parking provision.

8.11 There are existing problems with inconsiderate parking along McLaughlan View. This is exacerbated on occasions where there are large visitor numbers to the street (such as gala days or parties at individual houses). This has caused tension and arguments in the past. Inconsiderate parking, nuisance or antisocial behaviour is not a material planning consideration.

8.12 Another access is needed for the development. This would keep the current development and proposed development separate. Reference has been made to an alternative vehicular access; however, the site does not lie adjacent to any another road.

8.13 The access is not wide enough for a dual track road or provision of a pedestrian pavement. It is acknowledged that the vehicular access falls short of the 9m width required to provide a road together with pedestrian footpath on either side. As noted above it is considered that a road and a single footpath would be the best achievable access to the site.

8.14 There have been problems with children using the road (McLaughlan View) as a football field/play park and causing damage to cars and dwellinghouses. This is not a material planning consideration.

8.15 Loss of light or overshadowing. This application is for planning permission in principle and as such details of the proposed houses have not been submitted. However, based on the available site area and indicative site plan and achievable distances between existing properties and the site it is considered that housing could be accommodated without causing an adverse impact on available sunlight and daylight of existing neighbouring dwellinghouses. This would require a detailed assessment once full plans have been submitted.

8.16 Noise and disturbance resulting from use. It is anticipated that introducing housing development on an area of vacant ground would bring an associated increase in noise levels. However, there is no reason to suggest that it would result in any increased noise levels which would not be commensurate with that of the wider residential area.

8.17 There was mess caused during the construction of the most recent house and there would be more mess created on the street during construction. This primarily would relate to the management of the any construction works on site and is not a material planning consideration.

8.18 The site is used by wildlife and the development would result in a loss of habitat. It is acknowledged that any development of the site has potential to remove wildlife habitat within the site. It is noted that the site consists of mainly rough grassland with trees and shrubs largely limited to the eastern and southern boundaries. As discussed in paragraph 8.8 above NLC Greenspace has been consulted and advised that some further survey works should be undertaken prior to any construction works starting on site. It is considered reasonable that this can best be achieved by applying conditions requiring a further walk over survey and requiring the existing trees to be retained.

8.19 The area of land was meant as a drying area and or garden for the houses that are at the end of McLaughlan View leading to Viewfield Place but the landlord has rented the flats out and sold the land. What happens when these houses are sold in the future and require gardens. It is acknowledged that this site historically formed part of the ground of the large traditional house on East Main Street which has now been divided into flats. The application site is vacant ground which is overgrown with rough grass land and some scrub and mature trees along the eastern boundary. Whilst it may have acted as part of the grounds of the larger house in the distant past, it does not appear to have been utilised by the flats recently and not since the clearing of the majority of this site under the approval of housing plots on the site in 2007. This is not considered to be a material planning consideration.

8.20 There will be a loss of view for homes facing these proposed houses. This is not a material planning consideration.

8.21 The application site encroaches on land outwith the ownership of the applicant. This is not a material planning consideration. The applicant has submitted the required land ownership certificate.

9. Conclusions

9.1 Taking the above into account it is considered that the principle of the proposed residential development is acceptable. The application accords with policies HCF 2 A 1 and DSP1−3 of the North Lanarkshire Local Plan 2012. In terms of policy DSP4 it is considered that based on the indicative layout plans a satisfactory vehicular access could be achieved to the site, albeit that this may be less than the standard 9m width requirement. The details of the vehicular access arrangement would be fully assessed at matters specified by condition stage. Consideration has been given to the matters raised in the letters of representation; however, it has been found that no matter carries such weight as to merit he refusal of this application. It is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

1 7/00506/FUL Extension to Petrol Filling Station Shop

Site Address:

3 Glasgow Road Kilsyth G65 9AE

Date Registered:

7th April 2017

Applicant: Agent: Vertex RAS Limited The Voigt Partnership Ltd Sir William Smith Road Studio 01 Kirkton Industrial Estate Erskine House Arbroath Commerce Street DD11 3RD Arbroath DD11 1WB

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth 3 letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal complies with Policy HCF 1 A (Protecting Residential Amenity and Community Facilities − Residential Areas) in the adopted North Lanarkshire Local Plan. The design, scale and proposed materials to be used are considered to be acceptable and the proposal will not detract from the residential amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable.

ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers C−3056−1 B 1, C−3056−1 B 2, C−3056−1 B 3, C−3056−1B 5, C−3056−1B 6, C−3056−1B 7, M−3056−1A and Location Plan.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.

Reason: To ensure that the site is free of contamination in the interests of the amenity.

3. That on completion of any remedial works identified by the site investigation required under the terms of Condition (2) and before the retail units within the site are operational, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.

Reason: To ensure the site is free of contamination in the interests of the amenity of future users of the retail units.

4. That BEFORE the development herby permitted starts, a detailed drawing showing the location of all bin stores and bin provision shall be submitted to and approved in writing by the Planning Authority. This shall include provision of a litter bin for customers.

Reason: To ensure that adequate bin provision is provided.

Background Papers:

Consultation Responses: Memo from Protective Services received on 26th April 2017 Memo from Traffic & Transportation received on 25th April 2017 Letter from The Coal Authority received on 22 nd May 2017

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500

Report Date: 12 June 2017 APPLICATION NO. 17/005061FUL

REPORT

Site Description

1.1 The application site is an existing petrol filling station at Glasgow Road, Kilsyth. The existing service station shop is a single storey, flat roofed, modern retail unit with metal cladding and glazing elevations. The site is bounded by residential properties to the north (opposite side of the road) and west, a vacant grassed/wooded area is located to the east and south.

Proposed Development

2.1 Full planning permission is being sought for a side and rear extension to the existing petrol filling station building. The rear extension will measure 8.5m wide, 22.3m long, 3.7m high and 186sqm. The side extension will measure 8.05m wide, 9.23m long, 3.7m high and 75sqm. The extension will be finished in white cladding and a matching white flat roof. The proposed extension of shop floor area will accommodate an extended shop area with a Greggs and Subway counters, a cold storage area, a stock room and customer toilets.

3. Applicant's Supporting Information

3.1 A Coal Mining Risk Assessment and Planning Design Statement has been submitted with the application.

4. Site History

4.1 The following previous applications are relevant to the current proposal:

94/00286/AD Erection of Various Illuminated & Non−Illuminated Signs − Approved February 1994 31st 17/00508/ADV Installation of Signage − Approved May 2017 5. Development Plan

5.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

5.2 The application site is zoned as HCF 1 A (Protecting Residential Amenity and Community Facilities − Residential Areas) within the adopted North Lanarkshire Local Plan. 6. Consultations

6.1 A summary of comments from the consultees is as follows:

i. Traffic & Transportation no objection provided the drainage facilities are provided to prevent surface water running onto the public road. Protective Services have no objection to the proposal subject to the submission of a site investigation with a detailed remediation strategy if required and refers to best practice relating to noise from construction, construction hours, dust control, construction waste and light pollution. iii. The Coal Authority considers that the content and conclusions of the Coal Mining Risk Assessment Report are sufficient for the purposes of the planning system in demonstrating that the application site is, or can be made, safe and stable for the proposed development. However, further more detailed considerations of ground conditions and/or foundation design may be required as part of any subsequent building warrant application. 7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, 3 letters of representation has been received, all of which object on the grounds of late opening/activity, local pupils congregating, road safety, parking and litter.

8. Planning Assessment

8.1 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.

8.2 Development Plan: North Lanarkshire Local Plan: The site is located within an established residential area which is covered by Policy HCF I A (Protecting Residential Amenity and Community Facilities − Residential Areas) where there is a presumption against developments detrimental to residential amenity in primarily residential areas. Developments of an ancillary nature may be acceptable (e.g. guest houses, children's nurseries, medical surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking. It is clear that the policy identifies that local retail units are acceptable subject to the impact on residential amenity. The proposed extension to the existing petrol filling station is considered to be small scale. It is, therefore, considered that the proposed shop use is in keeping with the immediate residential area, there will not be any unacceptable loss of residential amenity and to control the potential impact, planning conditions are recommended to provide bin provision to ensure that there is no litter issue.

8.3 The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Given the scale of the proposal, only DSP 4 is of relevant in this case. The proposal seeks to extend an existing commercial unit and DSP 4 states that development will only be permitted where high standards of site planning sustainable design is achieved, the proposed extension compliments to the design of the existing unit and is well contained within the existing site, therefore no significant visual impact of the proposed development. It is considered, therefore, that the proposal is in accordance with policies HCF 1 A, DSP 2, DSP 3 and DSP4 of the North Lanarkshire Local Plan.

8.4 Consultations: With to the comments made by Traffic & Transportation regarding drainage facilities to prevent surface water running onto the public road, the proposal is for the extension of the existing commercial unit and does not include any alterations to the existing vehicular access to the site, therefore, the request for drainage facilities is not relevant in this instance. Concerning the Protective Services comments, planning conditions are recommended to cover site investigation, while the comments relating to best practice relating to noise from construction, construction hours, dust control, construction waste and light pollution will be added as advisory notes to the planning consent. The position of the Coal Authority is noted.

8.5 Representations: In response to the concerns raised, the following comments are offered:

Point of objection: There is a concern regarding late opening of the new Greggs and Subway counters attracting crowds after the pubs close, and how antisocial behaviour by those crowds can be managed by the shop staff. There have previously been issues with inappropriate tannoy use after midnight which was escalated by to the local councillor to the antisocial behaviour team at North Lanarkshire Council. The additional custom that a late opening Greggs could be expected to attract will make such incidents more frequent. This would of course no longer be a concern if opening hours were subject to suitable binding restrictions.

Comment: There are no opening hours restrictions in place at the moment and it is not considered appropriate to place restrictions on given the current position.

Point of objection: The second concern is that the new Greggs and Subway counters will attract large numbers of pupils from Kilsyth Academy, particularly at lunchtimes. There is a lack of litter bins in the area, and already litter is thrown through the railings and over the wall into the garden of the adjacent house which is opposite the garage on the corner of Glasgow Road and Balmalloch Road. There are concerns that larger numbers of pupils coming from the Academy to the garage and returning along Balmalloch Road will mean more litter dropped into our garden and onto the surrounding streets. This concern might be somewhat mitigated by provision of additional bins around the garage itself and along both Glasgow Road and Balmalloch Road, but on the other hand teenagers are not always diligent in putting litter into bins.

Comment: The potential congregation of local pupils cannot be controlled by this current planning application, however, a planning condition is recommended to ensure that appropriate litter bins are in place.

Point of objection: There is a concern about the safety of pupils from Kilsyth Academy crossing Glasgow Road at the junction with Balmalloch Road. Although most pupils will probably come via the steps from Kelvin Way and will therefore cross at the pelican crossing on Glasgow Road, many will come via Corrie Road and Balmalloch Road to cross the A803 where there is no protected pedestrian crossing. This risk would be difficult to mitigate as provision of a new pelican crossing at the junction of Glasgow Road and Balmalloch Road would adversely affect the traffic flow at that junction, which provides the main access to the northern parts of Kilsyth.

Comment: NLC Traffic & Transportation have been consulted on the proposed petrol filling station extension with regard to road safety and there was no objection to the proposal.

Point of objection: Parking is insufficient and there are no plans to extend this and there is currently have difficulty accessing the driveway of 1 Glasgow Road due to the increase traffic.

Comment: NLC Traffic & Transportation have been consulted on the proposed petrol filling station extension with regard to road safety and there was no objection to the proposal.

9. Conclusions

9.1 The proposed petrol filling station extension does not result in an unacceptable detrimental impact on residential amenity or on the amenity of this location. It is considered that the proposal is in compliance with the terms of the adopted North Lanarkshire Local Plan. Taking account of these matters and also the representation received, it is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

1 7/00550/FUL Construction of Drive−Through Burger Restaurant and Takeaway and Pizza Takeaway with Associated Parking Site Address:

Tesco 15 Auchinbee Way Craigmarloch Cumbernauld Glasgow North Lanarkshire G68 OEZ

Date Registered:

15th May 2017

Applicant: Agent: Burney Estates Ltd Dovetail Architects Ltd C/o Agent Clock Tower House 4 Suite 4, First Floor Clock Tower House, Horndon Industrial Estate West Horndon United Kingdom CM13 3XL

Application Level: Contrary to Development Plan: No

Ward: Representations: 002 Cumbernauld North 24 letters of representation received. Councillors Danish Ashraf, Alan Masterton, Tom Fisher and Calum Currie

Recommendation: Approve Subject to Conditions

Reasoned Justification:

It is considered that the proposal is acceptable at this location and accords with the relevant local plan policies and it will be acceptable in terms of the infrastructure and amenity of the area. − iL−J \:X 'iççi ' \ Nil) IN1 TT

11

A [T (Otlalth. Centre

A \

X−'4\\J '". •'// F

I \\ \\ X" LD !

Reproduced _ by permission of Planning Application: 17/00550/FUL the Ordnance Survey on Name 1f behalf of HMSO. © Crown ' applicant): Burney Estates Ltd N North Copyright Site Address: Tesco Lanarkshire and database right 1IPP 2009. All rights reserved. 15 Auchinbee Way Council Ordnance Survey Licence Craigmarloch number 100023396. Cumbernauld Glasgow North Lanarkshire G68 OEZ DriveDevelopment:−Through Construction of Burger Restaurant and Takeaway and Pizza Takeaway with Associated Parkina ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: 3576−PLO1, 3576−PL02, 3576−PL02 2A, 3576−PLO3, 3576−PLO4, 3576−PL05, 3576−PL06 and 3576−PLO7.

Reason:− To clarify the drawings on which this approval of permission is founded.

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

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

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 and prior to the building being brought into use, all walls and fences approved shall be constructed and shall thereafter be maintained to the satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects and to protect the amenity of nearby residents.

4. That BEFORE the development hereby permitted starts, a scheme of landscaping, including boundary treatment,include:−(a) shall be submitted to, and approved in writing by the Planning Authority, and it shall 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) and their protection in the course of development (d) a timetable for the implementation of these works contemporaneously with the development.

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

That 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 before the development hereby permitted is brought into use in accordance with the approved timetable; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of completion of the development, shall be replaced within the following year with others of a similar size and species.

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

That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 6 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, and before the development hereby approved is brought into use, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water 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.

9. That unless otherwise agreed in writing by the Planning Authority a visibility splay of 2 metres by 20 metres shall be formed at the site access prior to the operation of either premises.

Reason: To ensure the provision of satisfactory vehicular access to the site.

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

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

11. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required

Reason: To ensure the suitability of the site for the proposed development.

12. That any remediation works identified by the site investigation required in terms of Condition 11 shall be carried out to the satisfaction of the Planning Authority prior to the site being brought into use. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority, prior to the site being brought into use, confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination.

13. The design, installation and operation of any air condition I ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level assessed with the windows open, within any dwelling or noise sensitive building in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07.00 hours and 22.00 hours and NRC 25 at all other times.

Reason: In the interests of the residential amenity of the surrounding area.

14. That prior to the commencement of construction works on site details of all proposed extractor flues shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of the residential amenity of the surrounding area.

15. That before the development hereby permitted is brought into use, full details of the external lighting units proposed shall be submitted to the Planning Authority for written approval and prior to the development being brought into use the approved scheme shall be implemented to the satisfaction of the Planning Authority.

Reason: To safeguard the amenity of the adjacent residential dwellings. Background Papers:

Consultation Responses:

Protective Services (including Pollution Control) received 18" May 2017 Traffic & Transportation (Roads Operations) received 12th June 2017 Scottish Water received 9th June 2017 Scottish Environment Protection Agency received 16th May 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

5th June 2017 APPLICATION NO. 17/00550/FUL

REPORT

1. Site Description

1.1 The application site lies to the southwest of the Tesco store at Craigmarloch District Centre and covers an area of approximately 2248 square metres. It is accessed from Auchinbee Way which is in turn accessed from the Craigmarloch roundabout. The site currently forms part of the Tesco supermarket curtilage which is part of the greater Craigmarloch district centre which includes the supermarket, pub/restaurant, filling station, doctors surgery, two fast food outlets, a hairdressers and a Post Office.

1.2 The site is secluded in nature as it is behind the main supermarket building and has mature vegetation to the northwest and south. The site has a tarmac surface and is a formally laid out car park for Tesco that contains 80 parking spaces, a click and collect' facility as well a recycling bin area at the western corner of the site nearest to the site access point. There is a maintained grass and shrub bund immediately to the northwest and outwith the site boundary. There is mature woodland immediately to the south of the site between the site and Eastfield Road which screens the site from Eastfield Road. Similarly mature woodland to the northwest screens the site from the downward sloping open countryside and the golf course beyond.

2. Proposed Development

2.1 The proposal is to develop a 175 square metre burger drive through restaurant and a 105 square metres pizza delivery takeaway restaurant. The proposal includes 17 parking spaces including 2 disabled spaces. The proposed burger restaurant and drivethrough' would be located at the northwestern end of the site in parallel to the northern boundary of the site with a rectangular plan and layout. It would be single storey with a flat roof finished in brick, mushroom coloured façade panels and bay features finished with composite shiplap light oak panels. The drivethrough' element would be laid out around the edge of the building in a clockwise direction like a lasso.

2.2 The pizza restaurant and delivery/pick up business would be located adjacent to the southwestern corner of the site. It is again of rectangular plan set parallel to the access road with customer parking to the northeast with 19 parking spaces (2 disabled) serving both restaurants. There is a centrally located and separate service access that wold serve both businesses. The proposal also includes areas of soft landscaping and tree planting on the edges of the site as well as spread out through the parking and servicing areas.

3. Applicant's Supporting Information

3.1 The applicant has submitted a Design and Access Statement, a Transport Statement, a Noise Impact Assessment and a SUDS report.

3.2 The Design and Access Statement explains the proposed access and parking provision and the business operation of the proposed businesses. The statement says that the burger restaurant would create 40 jobs (20 full time and 20 part time) and the pizza restaurant and delivery/pick up business would create up to 20 jobs of which approximately 8 would be full time. The statement further explains that the business model for the proposed pizza business is for 75% of business to be home delivery which reduces some potential traffic and the need for additional parking.

3.3 The Transport Statement outlines public transport links and opportunities, has swept path analysis illustrating the proposed layouts capacities regarding vehicular movement. Furthermore a trip generation study was undertaken which concluded that the extra generated trips would be related to existing uses in the surrounding area and would therefore not significantly impact on the existing road network. A parking assessment was also carried out that concluded that the parking stress would raise from 54% to 61% as a result of the proposal, in other words that there is adequate spare parking capacity both as existing and potentially as a result of the proposed development.

3.4 The Noise Impact Assessment concludes that the nearest dwellings (Noise Sensitive Receptors) would not be adversely affected by either mechanical plant, servicing vehicles or customers vehicle movements. The SUDS report concludes that surface water will be discharged into the Tesco store system and foul drainage will discharge into the existing foul sewer.

4. Site History

4.1 Non relevant

5. Development Plan

5.1 In terms of the adopted North Lanarkshire Local Plan, the site is zoned as RTC IC − Neighbourhood and Local Centres. This policy seeks to protect the network of centres as a continuing focus of retail, civic and community uses. The policy sates appropriate uses for such centres as being, retail, offices restaurants, hotels, residential, civic uses (churches, public halls, museums etc). Policy DSP 4 − Quality of Development is also relevant.

6. Consultations

6.1 SEPA provided standing advice on the application as there are no site specific issues that would trigger specific comments.

6.2 Scottish Water has expressed no objections to the proposal subject to the usual protocols.

6.3 The Council's Head of Regulatory and Waste Solutions has provided advice regarding construction work hours, control of construction dust, acceptable standards for the noise of mechanical plant and lighting as well as the submission of comprehensive Site Investigation regarding potential landfill and contaminants resulting from nearby historical quarrying.

6.4 The Council's Roads Operations has expressed on objections to the proposals subject to standard conditions regarding parking and access visibility.

7. Representations

7.1 24 letters of representation have been received. 17 representations are objections and 7 representations are in support of the proposal. The points of representation can be summarised as follows:−Points

:−• of objection

No need for Proposed restaurant/takeaways as existing fastfood outlets in town centre and 2 existing takeaways at Craigmarloch and better to have proposed takeaways at newly approved Westfield Retail park. • Would rather see Health Centre expanded. • Proposal would lead to increased traffic and a reduction in parking. • Proposal would lead to increased levels of existing anti−social youth behaviour in the area. • Proposal would create noise, litter and cooking fumes. • Healthier food outlets would be better to combat the obesity crisis. • NHS − proposal would increase existing anti−social behaviour and vandalism at the adjacent doctors surgery and its quiet location.

:−• Point of Support

Proposal would boost jobs in local community.

8. Planning Assessment

8.1 In accordance with Section 25 of the Town & Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. 8.2 Policy RTC 1C designates the area as being within an existing Neighbourhood and Local Centre and sets out that the Council will protect the network of centres as the continuing focus of retail, leisure, civic, and community uses. Policy DSP 4 looks for high standards of site planning which ensures a development is of the right scale and design which protects the amenity of neighbouring properties.

8.3 Policy RTC 1C states that restaurants are an acceptable use in principle within Neighbourhood and Local Centres. In this case, there is also a hot food takeaway/ drivethrough element and delivery element to the proposals. The delivery element would be relatively inconsequential in terms of impact on the existing centre and surrounding area. However, the hot food takeaway/ drivethrough element has to be considered in terms of potential impact on residential amenity as hot food takeaway uses in such centres can only be acceptable if there is no significant impact on nearby residential amenity. In this case, the nearest dwellings, in Glen Moriston Road, are approximately 200 metres away to the north from the nearest part of the application site. It is considered that this distance combined with the secluded nature of the site as described in paragraph 1.2 above means that subject to compliance with environmental health standards there should be no significant impact on residential amenity. It is therefore considered that the principle of the proposed uses at this District Centre are acceptable and comply with Policy RTC 1C.

8.4 In terms of Policy DSP4, it is considered that the design and layout, including hard and soft landscaping is of an acceptable standard and therefore compliant with this policy.

8.5 With regard to potential traffic generation and parking provision, it is considered that although the proposal will result in the loss of 80 parking spaces, these are not generally or intensively used. It is further considered that the existing access road is acceptable for the proposed uses and that the residual parking provision for the District Centre is acceptable and has the capacity to cope with the loss of parking as well as the possible relocation of the existing recycling bins and 'click and collect' facility to the main front car park.

8.6 In terms of noise and lighting, the site is relatively secluded and these aspects are dealt with under separate Environmental Health legislation. In terms of a Comprehensive Ground Investigation, this can be imposed by means of appropriate planning conditions.

Consultations:

8.7 In terms of the consultation responses SEPA has provided standard advice as the onus is on the developer to ensure acceptable drainage solutions and Scottish Water has expressed no objections.

8.8 With regard to the comments of the Council's Roads Operations it is considered that a condition can be applied regarding the recommended access visibility splay of 2 metres by 20 metres.

Representations:

8.9 follows:In terms−Point of the representations, I would comment as

of objection: No need for proposed restaurant/takeaways as existing fastfood outlets in town centre and 2 existing takeaways at Craigmarloch and better to have proposed takeaways at newly approved Westfield Retail Park.

Comment: It is noted that there are 2 Hot Food takeaways and a pub/restaurant within the district centre. The appropriateness of the site in Westfield is outwith the scope of this assessment.

Point of objection: Would rather see Health Centre expanded.

Comment: Noted, however the assessment of the application can only be with regards to the inherent proposal.

Point of objection: Proposal would lead to increased traffic and a reduction in parking. Comment: Noted and accepted. However, it is considered that the increased traffic will be within acceptable limits and the residual parking has acceptable spare capacity. The Council's Roads Operations has made no specific comments regarding additional traffic and parking issues as they do not consider there to be any issues in this regard.

Point of objection: Proposal would lead to increased levels of existing anti−social youth behaviour in the area.

Comment: This is a separate social issue which is not specifically related to this proposal.

Point of objection: Proposal would create noise, litter and cooking fumes.

Comment: This is dealt with under separate Environmental Health Legislation and there is a significant distance from the application site to the nearest dwellings (see paragraph 8.3). Also the existing hot food outlets are much closer to the nearest housing. Appropriate conditions can be applied regarding extractor flues design and operational sound levels.

Point of objection: Healthier food outlets would be better to combat the obesity crisis.

Comment: This is not a material planning consideration

Point of objection: NHS − proposal would increase existing anti−social behaviour and vandalism at the adjacent doctor's surgery and its quiet location.

Comment: This again is a separate social issue which is not specifically related to this proposal.

Point of support: Proposal would boost jobs in local community.

Comment: It is accepted that the proposal would create jobs however it is not possible to determine how many of these would be local.

9. Conclusions

9.1 In conclusion, it is considered that the proposal is acceptable in that the proposed uses are acceptable to this location with no significant amenity or infrastructure issues. It is therefore considered that the proposal complies with the relevant local plan policies. As such, this application is recommended for approval subject to the application of the appropriate conditions. Application No: Proposed Development:

1 7/00657/FUL Sub−division of Existing Retail Unit into One Retail unit and One Hot Food Takeaway unit, including new shopfront alterations

Site Address:

539 Glasgow Road Wishaw ML2 7TL

Date Registered:

28th April 2017

Applicant: Agent: Pick Your Floors Ltd Fouin + Bell Architects Ltd 14 Cotton Vale 1 Johns Place Dalziel Park Estate Edinburgh Motherwell City of Edinburgh ML1 5LN EH6 7EL

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 019 Motherwell South East And Ravenscraig Five letter(s) of representation received. Kenneth Duffy, Agnes Magowan, Alan Valentine, (three against, and two in support). Nathan Wilson,

Recommendation:

Reasoned Justification:

The proposal will not detract from the amenity of the application site or surrounding area. The impact on neighbouring properties is considered to be acceptable. The proposal complies with policies of the North Lanarkshire Local Plan. 0

Reproduced by permission 01 Planning Application: 17100657/FUL the Ordnance Survey on Name (of applicant): Pick behalf of HMSO. © Crown Your Floors Ltd North Copyright and database right Site Address: 539 Glasgow Road Lanarkh ire 2009. All rights reserved. Wishaw Council Ordnance Survey Licence ML2 7TL number 100023396. A Development: Sub−division of Existing Retail Unit into One Retail unit and One Hot Food Takeaway unit, including new shopfront alterations ProposedConditions:−That,

except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbered (PL)02 Rev B and the Site layout Plan.

Reason: To define the drawings on which this permission is founded

2. All cooking smells, noxious fumes or vapours from the premises shall be disposed of by means of an external flue terminating one metre above the eaves level of the building to be provided in conjunction with the trunking for the extraction of cooking smells, noxious fumes or vapours from the cooking range. The said system shall incorporate a facility to fit a filter system in the event of nuisance conditions arising from the emission of cooking smells, noxious fumes or vapours

3. That before the commencement of any operations on site and before the flue or any ventilation apparatus as required by condition 2 is installed, full details of the proposed external extraction flue (and associated apparatus), including details of the colour and finish, shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of local amenity.

4. That before the hot food takeaway hereby permitted is brought into use, written confirmation from a suitably qualified source shall be submitted to the Planning Authority for written authorisation, that the flue and any associated apparatus has been installed on the rear of the unit in accordance with the details submitted in relation to Conditions 2 and 3 above.

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

5. Noise associated with the completed development (from ventilation systems including any extract ventilation systems, refrigeration/air conditioning plant) shall not give rise to a noise level within the nearest residential property (when assessed with a '−10dB' attenuation for an openable window) in excess of the equivalent of Noise Rating Curve (NRC) 35(1) between 07:00 hours and 22:00 hours and NRC 25(1) at all other times.

Reason: In the interests of the residential amenity of the surrounding area and to ensure that the noise associated with the development will be within acceptable limits.

Background Papers:

Consultation Responses:

Traffic & Transportation, 26 May 2017. Pollution Control), 05 May 2017.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gerard Quinn at 01236 632500

Report Date:

08 June 2016. APPLICATION NO. 17/00657/FUL

REPORT

1. Site Description

1.1 This application site is a single storey free standing retail unit fronting Glasgow Road, on the west side of Wishaw. The unit faces northwards on to the main road, on the other side of which lie established houses. A commercial use (builders merchants) lies to the east, across Excelsior Street, while a substation is nearby to the south, and open land and trees lie to the west.

2. Proposed Development

2.1 The applicant proposes to subdivide an existing retail unit, approximately in half, to create two commercial units; one for use as retail, and the other for use as a hot food takeaway. The latter also includes ancillary waiting area. Off street parking would be provided at the east of the building, with access from Excelsior Street. Frontage alterations are also proposed, including new openings and aluminium framed glazed doors and panels

3. Development Plan

3.1 The proposal raises no strategic issues and can therefore be assessed in terms of local plan policies.

3.2 The application site is zoned as HCF 1 A (Protecting Residential Amenity and Community Facilities − Residential Areas) within the adopted North Lanarkshire Local Plan 2012.

4. Consultations

4.1 Traffic and Transportation have indicated that they have no objections to the application. Pollution Control raised no objections subject to conditions on ventilation and noise.

5 Representations

5.1 Five letters of representation were received; two in favour and three against. Those in favour support the proposal as they believe it would bring a new standard of healthy hot food product to the area (stove pizzas), with charcoal system to deal with smell, and with sufficient off−street parking for visitors. It is also highlighted that the intended operator's current establishment at Whitburn is noted as a well run and outstanding business.

5.2 The objectors express concerns as follows: There are already enough similar establishments and there is no need for another! The use will cause on−street parking / The use will cause loitering/The use will cause noise and smell nuisance/The use will cause litter! The use will add to problems associated with unhealthy heating.

6. Planning Assessment

6.1 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. The proposal is not considered to be strategic in nature. Therefore the proposal can be assessed in terms of the local plan policies

6.2 Policy HCF 1A (Residential development) applies and allows development where it can be demonstrated that amenity would not be adversely affected.

6.3 Policy DSP4 (Quality of Development) states that development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and design without adversely affecting neighbouring amenity or the transport network. 6.4. The retail element of the proposal represents an established use and, as such, would not be considered to be representing any significant change to the existing situation. Similarly the proposed new shopfront alterations in appearance terms would not harm amenity. The determining issue therefore concerns whether or not the hot food takeaway use is acceptable taking into account the local plan polices and other material considerations.

6.5 It is noted that the unit sits in an area characterised by a main road location and general associated activity, and is of sufficient distance away from all houses not to cause unacceptable noise smell, or disturbance. In this regard, Pollution Control do not object to the proposal. Therefore, taking into account these basic locational and site characteristics, it is considered that the proposed takeaway unit at this location would have no adverse impact on the amenity of the surrounding residential and commercial uses. In these respects, the proposal is compliant with local plan policies.

6.6 Turning to traffic impacts, the traffic and transportation service have expressed no objections, noting that sufficient off street parking is available to service both the retail and takeaway uses. In these respects, the proposal is similarly compliant with local plan policies.

6.7 Turning to the objectors' concerns, the issues regarding smell, noise and traffic are addressed above. Both litter and loitering relate to the subject of social behaviour which itself is not an area within the control of planning legislation. The health impacts of eating choices are not within the planning remit. Finally, any concerns regarding commercial competition between similar establishments is not a material consideration.

7. Conclusions

7.1 In conclusion, there has been no objection received from Pollution Control on noise or smell, or Traffic and Transportation on parking, traffic generation or road safety. The proposed use of the premises as a hot food takeaway business would not result in an unacceptable detrimental impact on residential amenity or on the amenity of this location. It is therefore considered that the proposal is in accordance with the policies contained within the adopted North Lanarkshire Local Plan. Taking account of these matters and notwithstanding the objections, it is recommended that planning permission be granted subject to conditions. Application No: Proposed Development:

1 7/00742/FUL Conversion of One Dwellinghouse into a Two Semi−detached Dwellinghouses plus the Construction of a New Dwellinghouse Site Address:

521−523 High Street Newarthill Motherwell North Lanarkshire ML1 5SP

Date Registered:

16th May 2017

Applicant: Agent: Dr Calum Macinnes John Russell Partnership 521 High Street Anderson House Newarthill Dundyvan Road UK Coatbridge ML1 5SP UK ML5 1DB

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 018 Motherwell North No letters of representation received. Olivia Carson, Shahid Farooq, Pat O'Rourke, Ann Weir

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Whilst the application site is outwith Newarthill settlement boundary, it is within a residential curtilage and there is no significant impact upon the character and amenity of the neighbouring properties and all relevant design standards are satisfactorily achieved. Reproduced by permission of Planning Application: 17/00742/FUL the Ordnance Survey on Name (of applicant): Dr Calum MacIn North behalf of HMSO. © Crown nes Copyright and database right Site Address: 521−523 High Street Lanarkshire 2009. All rights reserved. Newarthill Council Ordnance Survey Licence Motherwell number 100023396. A North Lanarkshire MLI 5SP Development: Conversion of One Dwellinghouse into a Two Semi−detached Dwellinghouses plus the Construction of a New Dwellinghouse ProposedConditions:−That

except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− H678−01, H678−02, H673−03 and H678−04.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.

3. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water 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.

4. That before the new' dwellinghouse hereby permitted is occupied, the existing footpath to the front of the area being developed as a house plot shall be widened to 2 metres, across the full width of the plot, to the satisfaction of the Council as Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

5. That before any of the dwellinghouses hereby permitted are occupied, a turning facility shall be provided within the curtilage of each plot to the satisfaction of the Council as Roads authority..

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

6. That before any of the dwellinghouses hereby permitted are occupied, the associated driveway shall be completed and the first 2 metres of this access beyond the limit of the adjoining road shall be surfaced in an impervious material.

Reason: To prevent deleterious material from being carried onto the public road, in the interests of traffic safety.

That a visibility splay of 2.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before any of the development hereby permitted is brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: In the interests of traffic and pedestrian safety.

8. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Thereafter the fences/walls shall be erected prior to the last dwelling hereby permitted being occupied.

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

9. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects. 10. That BEFORE the development hereby permitted starts, a scheme of landscaping for the north eastern include:boundary,−(a) shall be submitted to, and approved in writing by the Planning Authority, and it shall

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

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

11. That all works included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the provision of adequate, replacement landscaping within the site.

Background Papers:

Consultation Responses:

Memo from Traffic & Transportation dated 14 1hJune 2017 Memo from Environmental Health (including Pollution Control) dated 23rd May 2017 Memo from NLC Greenspace dated 26t1 May 2017 Letter from The Coal Authority dated 31st May 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500

Report Date:

31st May 2017 APPLICATION NO. 17/00742/FUL

REPORT

Site Description

1.1 The application site relates to a single storey residential dwellinghouse and curtilage at 521−523 High Street, Newarthill. The existing dwellinghouse was formerly two dwellings, however was altered to form one dwelling sometime in the past. As well as the dwellinghouse, there are two existing double garages, a garden room and a shed within the redline boundary. The garden area has some fairly mature trees/vegetation within its boundary. The site is bounded by agricultural land to the north and east, by High Street with agricultural land beyond to the south and by residential properties to the west.

2. Proposed Development

2.1 SemiFull−detachedplanning permission is sought for the Conversion of One Dwellinghouse into a Two Dwellinghouses plus the Construction of a New Dwellinghouse at 521−523 High Street, Newarthill. A small extension to the front of the existing dwellinghouse is proposed to help with the practicalities of splitting the dwelling into two units. There are some minor internal alterations proposed with the resultant dwellings both having 3 bedrooms. Each dwelling will have its own driveway (utilising existing arrangement) leading to existing double garages to the rear. The westernmost property has a far larger curtilage and will retain the existing garden room structure and shed. Both properties have in excess of 474m2 rear garden area, therefore easily meet rear garden size criteria.

2.2 The side garden area that is to 'house' the proposed new dwelling is some 22m wide and 55m deep. The proposed dwelling is set back some 7m, at its closest point to the road, is single storey with conventional pitched roofs and has a footprint of some 243m2. At its highest point, the roof is some 5.6m high. The overall width of the dwelling is 17.8m and it is 20m deep, including protruding front and rear elevations which give the dwelling more depth. A double garage is proposed on the western part of the dwellinghouse. As with the converted dwellings, three bedrooms are proposed. A turning facility is proposed within the front area of the plot to ensure that vehicles can enter and leave the site in first gear. The rear garden area amounts to some 600m2 and distance from rear of property to rear boundary is some 28m. A number of mature trees, of no real ecological value, are to be removed as a result of the development proposal.

3. Applicant's Supporting Information

3.1 The applicant submitted a Planning Statement and a Coal Mining Risk Assessment along with the application.

4. Site History

4.1 Planning permission was approved on 28.3.2000 for Construction of Conservatories ref.ño. 00/00161/FUL.

5. Development Plan

5.1 The site is zoned as NBE 3A − Green Belt in the North Lanarkshire Local Plan. 6. Consultations

6.1 Neither Greenspace, Protected Services nor The Coal Authority had any objections to the proposal. Roads and Transportation have no objection subject to conditions relating to access, turning facilities within the site and sightlines.

7. Representations

7.1 Following an advertisement in the local newspaper and standard neighbour notification procedure, no letters of representation were received.

8. Planning Assessment

8.1 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. The application raises no strategic issues, it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan (2012) the site is covered by NBE 3A − Green Belt.

8.2 Development Plan − North Lanarkshire Local Plan (NLLP): Residential development in the Green Belt is covered by Policy NBE 3A (Assessing Development in the Green Belt). In the case of the development proposed this protects the character and promotes acceptable development within the green belt by presuming against new residential development, unless shown to be necessary for agriculture, forestry or other uses appropriate only to a rural area. The NLLP also requires proposed developments to be assessed against policies DSP I (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3.

8.3 Other Material Considerations − SPG 07 Assessing Development in the Green Belt (SPG 07) sets out that any exceptions to Policy NBE 3A must be evidenced by special circumstances demonstrated by the applicant. In this case the circumstances highlighted by the applicant in the supporting statement are considered sufficient to justify the development in this instance.

8.4 In terms of Policy NBE 3A, a new residential dwelling would require to be in conjunction with an acceptable green belt use and it is considered that the proposed development does not meet this criteria. SPP sets out that developments not consistent with green belt policy can be considered if it can be demonstrated that the development is a national priority or meets an established need if no other suitable site is available. SPG 07 echoes this position in looking for new residential developments unconnected with a green belt use to demonstrate special circumstances. The proposed use of the side garden ground as a house plot is considered acceptable in this instance, is accessed off and enlarged, existing access and will leave ample rear garden ground as stated in 2.2 above. Furthermore, the small scale nature of the development and the sympathetically designed traditional style rural property is considered to have very limited impact on the visual amenity of the area. The proposed development will not reduce the openness of the area and still maintains a robust edge against the open field adjacent to the residential curtilage, as most of the trees on the boundary will be maintained within the site. The applicant's justification for the proposed development is considered to be sufficient in this instance and thus is considered to satisfy the assessment criteria for Policy NBE 3A, SPP and SPG 07. The granting of permission will not in this instance set a precedent for other inappropriate dwellings in the green belt given the nature of the residential curtilage, and the conversion of one dwelling into two raises no issues. It is therefore considered that the proposals can be justified and, as such, the proposed development is considered an acceptable departure in terms of Policy NBE 3A, SPP and SPG 07.

8.5 Policy DSP 4 − sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, site appraisal and evaluation of design options, water body status protection, integration into the local area, and safe access for cars. The dwelling is located in the green belt where development should avoid key corridors and wedges and maintain clearly defined urban/rural boundaries. The proposal includes a new build dwelling, traditional in nature, which would integrate well with the landscape at this particular location. Policy DSP 4 states that development will only be permitted when design is of a high standard and the detail of the development is considered in line with design guidance for dwellings in the countryside. It is considered that the proposed design of the dwelling is acceptable with a traditional rural appearance and scale and, as such, the design of the dwelling proposed at this location will not significantly impact on the rural character or erode the openness of the green belt at this location. The conversion of one dwelling into two raises no issues. It is considered that the use of the side garden area at this location is considered to be acceptable in terms of policy DSP 4. 8.6 Consultations − As stated above, Greenspace, Protected Services and The Coal Authority are satisfied with the proposals. Roads and Transportation have asked for visibility splays of 2.5 metres by 60 metres in both directions from the improved access. This can easily be achieved by forming a 2 metre wide footpath along the site frontage.

9. Conclusions

9.1 The development meets the criteria set out in policies NBE3A and DSP4 contained within the North Lanarkshire Local Plan. The conversion of one large bungalow into two smaller bungalows, each with its own access, turning area and double garage is considered satisfactory, as is the construction of a single storey dwellinghouse within the large side garden area of the existing host dwelling. It is therefore recommended that permission is granted. Application No Proposed Development:

I 7100749/AMD Amendment to Scheme to provide 4 Additional Flatted Units (Amendment to Planning Permission 15/01 762/FUL) Site Address:

2 Muiryhall Street Town Centre Coatbridge ML5 3EZ

Date Registered:

5th May 2017

Applicant: Agent: Loretto Housing Association Hypostyle Architects Lipton House 49 St Vincent Street 2nd Floor Glasgow 170 Cronn Street G3 8NG Glasgow G5 9XD Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 006 Gartcosh, Glenboig and Moodiesburn No representations received. Councillors Gregg Lennon, Michael McPake and Willie Doolan

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal complies with the relevant local plan policies as it will enhance the conservation area at this prominent location and provide centrally located social housing.

ProposedConditions:−1.

That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:−. AL(0)100K, AL(0)103 Rev I, AL(0)104 Rev I, AL(0)105H, AL(0)106H, AL(0)108G, AL(0)109F, AL(0)11IA, AL(0)120B, AL(0)121B AL(0)122D and , AL(0)1 23C.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used including samples of all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To allow the Planning Authority to assess these aspects in detail in the interests of the visual amenity of the site.

3. That prior to the commencement of construction work on site the developer shall submit a scheme of intrusive site investigations for the approval of the Planning Authority in consultation with the Coal Authority.

Reason: So that the issue of possible mineworkings can be assessed in the interests of public safety.

4. That prior to construction work on site, the scheme of intrusive site investigations as approved under conditions 3 above shall be carried out and a report of findings including any required remedial works identified shall be submitted to and approved in writing by the Planning Authority in consultation with the Coal Authority.

Reason: So that the issue of possible mineworkings can be assessed in the interests of public safety.

5. That prior to the commencement of construction work on site, the identified scheme of remedial works for shallow mineworkings (including consideration of gas emissions) or for the mine entry on site shall be implemented to the satisfaction of the Planning Authority and Coal Authority and a certificate (signed by a suitably qualified engineer) shall be submitted to the Planning Authority confirming that the mitigation works have been carried out satisfactorily and in accordance with the measures specified as part of condition 4 above.

Reason: To ensure that any issues relating to mineworkings are adequately addressed prior to the commencement of construction work on site in the interests of public safety.

6. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to,include:and−(a)approved in writing by the Planning Authority, and it shall

details of any earth moulding and hard landscaping, boundary treatment, 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

7. That the landscaping plan and specification as approved under condition 6 above shall be implemented in accordance with an approved timetable to be submitted to and approved in writing by the Planning Authority, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species and thereafter shall be maintained as per the specified maintenance schedule.

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

8. That a forward visibility splay of 4.5 metres by 60 metres northwards from the site access onto St John Street shall be maintained in perpetuity unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of road safety.

9. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, such as BS 10175: The Investigation of Potentially Contaminated Sites, or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required as part of the above report.

Reason: To ensure that the site is free of contamination.

10. That for the avoidance of doubt, any remediation works identified by the site investigation required in terms of Condition 9 above, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination.

11. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

12. That the SUDS compliant surface water drainage scheme approved in terms of Condition 11 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

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

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

14. That before the development hereby permitted starts, unless otherwise agreed in writing by the Planning Authority; the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water 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. Background Papers:

Consultation Responses:

Historic Environment Scotland received 12th May 2017 Environmental Health (including Pollution Control) received 16th May 2017 The Coal Authority received 18 May 2017 Roads Operations received 6th June 2017

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632500

Report Date:

31st May 2017 APPLICATION NO. 17/007491AMD

REPORT

Proposal and Site Description

1 .1 This application seeks consent for the development of a 28 unit social housing development on the sitere−use of an existing empty office building which had been unsuccessfully marketed in terms of a new of the building. The demolition of the formerl960's tax office building has now taken place as a result of a recent consent on the site. A previous almost identical proposal for 24 units by the same applicant received consent on the 21st of October 2015 (15/01762/FUL).

1.2 The site is prominently located within the Blairhill and Dunbeth Conservation area and Coatbridge town centre, on the corner of Muiryhall Street and St. John Street. Adjacent to the site are two churches, which are both listed, St. Patricks Church, which is Category 'B' listed and the former St. John the Evangelist Church, which is also Category 'B' listed. The eastern edge of the site is bounded by a service lane accessing a nearby shopping centre, and a terrace of traditional 2 storey properties on St. John Street / Main Street form the southern edge of the site. A shopping centre parking structure is located immediately to the east of this lane.

1.3 The now demolished tax office building which occupied the site consisted of a three−storey block with a single storey wing to the north east corner. It was constructed of pre−cast concrete blocks with flat felt roofs and featured timber spandrel panels and was in a state of disrepair prior to demolition. The former St. John the Evangelist Church is located directly north of the site, with St. Patricks to the south west, both of which are constructed in sandstone with slate roofs and both are listed buildings. The 2 storey terrace directly to the south, also sandstone & slate, forms part of the remaining historic buildings of Main Street. A large open area containing a shopping centre car park lies to the east. Muiryhall Street features a varied streetscape including flats, churches, car parks and public buildings.

2. Proposed Development

2.1 This application seeks to amend the previous consent for the proposed redevelopment of the site for residential use. The proposal as previously approved was for a residential development of 24 new flatted dwellings. The housing mix was predominately 1 bedroom/2 person flats (12), with (7) 2 bedroom/3 person flats, (3) 2 bedroom/4 person flats, and (2) wheelchair flats located on the ground floor level. This revised scheme features an additional 4 flatted units which are required for reasons of financial viability. The additional proposed 4 units being three 2 bedroom flats and one 3 bedroom flat. The additional proposed flats would be accommodated on the northern part of the proposed building facing onto Muiryhall Street utilising what was originally a 'break through void' on the northern elevation. The proposed amendment would result in there being no void in the northern elevation and also an increase in height of the northern part of the building by approximately 1.7 metres. The developer, Loretto Housing Association focuses on accommodation for more elderly or disadvantaged residents with easy access to town centre amenities. The proposal forms part of the Council's Local Housing Strategy (LHS) 2011−2016, the aim of which is to build housing futures for all people in North Lanarkshire by meeting their housing needs and providing opportunities for them to fulfil their housing aspirations.

2.2 The proposed building takes the form of an asymmetrical U−shaped block, which provides frontages to St. John Street, Muiryhall Street and the area of open space at the junction to the north east corner of the site. Deck access is located to the rear of the block, which encloses south facing deck areas and an undercroft car park. The proposed building ranges from a 5 storey element on the corner of Muiryhall Street and St John Street with 4 storeys stepping down in height to 3 storeys in line with the downward slope on St John Street. The proposed building is flat roofed and the main finishing materials are light buff textured brick and a smoother darker contrasting brick as well as smooth render window surrounds and glass panelling.

2.3 The proposal respects the line of the immediately adjacent existing terrace on St. John Street, the frontage being suitably set back with a roofline that steps down to address the sloping nature of the street. The roofline steps up towards the corner of Muiryhall Street and St. John Street, which is the most prominent corner of the site and where the main pedestrian entrance is located. The roofline also steps down on the east facing frontage, allowing increased levels of sunlight into the rear deck access and amenity areas. The St John Street frontage features a large 'cut out' void, which allow views of the adjacent Listed St Patrick's church from the access decks and back court area, provides amenity spaces at different levels throughout the development, and allows additional daylight into the middle of the site.

3. Applicant's Supporting Information

3.1 The applicant has submitted a supporting/design statement and argues that the proposed housing will enhance this disused site and deliver a high quality new development within the Conservation Area. The applicant further argues that the development of the site will also benefit the wider community by provision of much needed affordable housing within the town centre location bringing subsequent benefits to the environment. The applicant also makes the case that the proposal will enhance the streetscape by providing frontages clad in more appropriate materials to the Conservation Area than what currently exists, in a similar scale to the existing residential blocks located on Muiryhall Street thus enhancing a prominent corner at Muiryhall St / St. John St, situated between two listed churches and marking the northern gateway to the pedestrianised Main Street immediately to the south, enhancing the character of the Conservation Area, and also the setting of the adjacent properties. In terms of the proposed amendment, the applicant argues that the additional 4 flatted units are required to make the proposal financially viable and will only result in the height on the northern part of the proposed building increasing by approximately 1.7 metres as three of the proposed additional flats would be accommodated within the previously approved 'break through' void on the northern elevation. The applicant therefore argues that he proposed changes can be achieved without any negative impact on the conceptual ideas driving the project and the overall massing of the proposed building and with no negative impact on the character of the Conservation Area or the nearby Listed churches. The applicant also argues that although the proposed 4 extra units would mean a change in parking provision from 87% to 75% the site is in a town centre location and the Loretto Housing Association tenants are typically older people with an approximate car ownership level of 35%.

4. Site History

4.1 Planning Permission for the demolition of the previous building on the site and the construction of 24 flatted dwellings with associated communal amenity spaces and car parking was granted on the 21s' of October 2015 (Planning Application 15/01 762/FUL).

5. Development Plan

5.1 NBE 1 133a Blairhill and Dunbeth Conservation Area, RTC 1 A Town Centre and DSP 4 Quality of development also relevant.

6. Consultations

6.1 Historic Environment Scotland has expressed no objections to the proposal.

6.2 The Coal Authority originally objected to the proposal due to there being a mineshaft within the vicinity of the site. However after subsequent re−consultation and engagement, the developer has now reported to the Coal Authority that the mineshaft has been located and adequately grouted as a result of intrusive survey work carried out after the demolition of the ex−tax office building.

6.3 The Council's Head of Traffic and Transportation has recommended that a visibility splay of 4.5 metres by 60 metres should be achieved and maintained at the proposed vehicular access. However, the Head of Traffic and Transportation has recommended that the application is refused due to lack of parking. The number of spaces required when applying Council standards is 42 spaces including visitor spaces with the proposed number of spaces being 21 giving an overall shortfall of 21 spaces.

6.4 The Head of Regulatory Services and Waste Solutions has advised regarding construction work hours and also the satisfactory submission of a Site investigation report in terms of ground contamination and required mitigation measures. 7. Representations

7.1 No letters of representation have been received.

8. Planning Assessment

8.1 Section 25 of the Town and Country (Scotland) Act 1997 states that planning applications should be assessed in terms of the appropriate local plan policies unless other material considerations indicate otherwise. In this case, the site is identified as being within Blairhill and Dunbeth Conservation Area − Policy NBE I 133a and Coatbridge Town Centre − Policy RTC I A. The North Lanarkshire Local Plan also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and Policy DSP 4 (Quality of Development). Policies DSP 1, DSP 2 and DSP 3 are not relevant in this case given the scale and nature of the development. Policy DSP 4 Quality of development is relevant. Policy NBE 1 133a seeks to protect and or enhance the character of conservation areas with a presumption against demolition of any building that makes a positive contribution to the character of the Conservation Area. Furthermore, the policy states that any new development within a Conservation Area shall be appropriate to the character of the Conservation Area in terms of design, setting, scale and finishing materials. In this case the demolition of the ex−tax office building which previously occupied the site was justified in policy terms as the building had been unsuccessfully marketed and the proposed replacement building is considered to be of a high quality of design and proposed finishing materials that respects the sensitive location of the site that will represent a net enhancement of the character of the Conservation Area at this location. As such, this amended proposal is considered to accord with Policy NBE 1 133a.

8.2 In terms of policy RTC 1 A, the proposed residential development is a use that is identified as being appropriate to a Town Centre and therefore accords with this policy.

8.3 In terms of Policy DSP 4 (Quality of Development), the proposal is considered to be of a good quality in design that respects the sensitive site location and addresses the sites relationship with both adjacent listed church buildings and is of a scale and massing that will sensitively integrate with the streetscape. Furthermore, the proposed finishing materials are considered to be appropriate and sensitive to the Conservation Area location. In general design terms, it is considered that the proposed development cleverly addresses both street frontages whilst making the most of the site orientation in terms of the proposed south facing balconies and amenity gardens/courtyard. In terms of car parking, the proposal has a dedicated undercroft car park for residents. In terms of the proposed amendments as described above, it is considered that they will have no significant impact on the scale, massing and overall design quality of the previously approved scheme and therefore no negative impact of the Conservation Area or the two adjacent Listed Churches. In terms of the comments from Roads Operations, it is recognised that the proposed parking will be reduced from from 87% to 75% as a result of the proposed 4 extra flatted units. However, the site is in a town centre location and the Loretto Housing Association tenants are typically older people with an approximate car ownership level of 35%. Therefore with nearby public car parks and on−street parking opportunities coupled with the low levels of car ownership identified in the target tenant group, it is considered that the proposed parking although below normal standards will be satisfactory in this case. There is also provision for 12 mobility scooters and charging points. It is therefore considered that the proposal accords with Policy DSP 4. The advice from the Head of Regulatory Services and Waste Solutions regarding the satisfactory submission of a Site Investigation Report in terms of ground contamination and required mitigation measures can be addressed by the imposition of appropriate conditions.

9. Conclusions

9.1 The proposed amended development is considered to be of a design quality that is not significantly different in scale, massing and character than the previously approved scheme and therefore, it is considered, like the previously approved proposal, it will enhance the character of the Conservation area at this sensitive location between two listed church buildings. Furthermore, the proposal serves to provide some of the social housing requirements as identified in Council's Local Housing Strategy. 9.2 It is therefore considered that this amended proposal complies with the relevant local plan policies NBE I 133a Blairhill and Dunbeth Conservation Area, RTC 1 A Town Centre and DSP 4 Quality of development. As such, this application is recommended for approval subject to the application of the appropriate conditions.