North Lanarkshire Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 13fhSeptember 2006

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 13 SEPTEMBER 2006

Page Application No. Applicant DevelopmentlLocus Recommendation No.

11 N/06/00341/MIN Luddon Extension in Time to 31st Grant - Request for Site Construction December 2008 and Visit Ltd Changes to Approved Restoration Scheme Bedlay Colliery Site Birkenshaw Road Annathill

18 N/06/01229/OUT Garnkirk Construction of Two Refuse (P) Estate Dwellinghouses Site West Of Whitehill Farm Whitehill Farm Road Stepps

24 N/06/01280/FUL Mrs C Brett Construction of a Grant Dwellinghouse Land To Rear Of 102 Manse Road Kilsyth

N/06/01283/FUL Mrs J Construction of a Grant - Request for a Site Robertson- Dwellinghouse Visit Gregg Land To The Rear Of No papers issued 38 Mount Harriet Drive Stepps

29 C/06/00336/FUL Wam Residential Development Grant (P) Development for 56 Plots Incorporating Ltd Details for 19 Dwellings at Land North & North West Of 403 - 429 Greengairs Road, Greengairs

40 C/06/01146/FUL Cumbria Conversion of Derelict Farm Grant Property Dev. Buildings to Form 5 Ltd. Dwellinghouses at Bentfoot Farm, Forrest Road, Salsburgh

S/05/01933/FUL Traction Tyres Change of Use of Grant - Request for Site Distribution Depot to Tyre, Visit and Hearing Exhaust and MOT Centre No papers issued 18 - 20 Frood Street Forgewood

47 S/05/0208O/FUL NS Erection of Flatted Grant Partnership Development Comprising 9 Flats & Associated Access Roads Gospel Hall, High Street, Newarthi I I APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 13 SEPTEMBER 2006

Page Application No. Applicant DevelopmentlLocus Recommendation No.

S/O6/0045O/FUL Mr & Mrs C Two Storey Rear Extension Continue Dymock 23 Brigbrae Avenue No papers issued Bellshill

55 S/06/00178/FUL Thomas Change of Use from Refuse McTavish Footpath to Private Garden Ground Land South of 10 Armour Place Newarthill

S/06/0 11 60/FU L Joan Change of Use From Grant - Request for Site Greenshields Vacant Unit To Form Visit and Hearing Nursery No papers issued Newhouse Industrial Estate Block 17 Unit 154 Rowantree Avenue Newhouse Mo t hewe1 I

60 S/06/0121 11FUL Mrs Nanette Change of Use From Refuse Fredriksson Vehicle Repairs to Vehicle Request for Site Visit and Sales Hearing 322 Kirk Road Wishaw

65 S/06/01282/FUL Thorniewood Erection of Canopy to Grant Social Club Provide Smoking Area and Formation of Beer Garden (Retrospective) Thorniewood Social Club, Old Edinburgh Road, Uddingston

71 S1061013021FUL Mr Brian Siting of a Static Snack Van Grant Connell (In Retrospect) High Street Shotts

(P) N/06/01229/OUT : If approved refer to Scottish Ministers (Contrary to Development Plan). (P) C/06/00336/FUL - If Granted Section 69 Agreement to be concluded Application No: N/06/00341/MIN

Date Registered: 28th July 2006

Applicant: Luddon Construction Ltd 1497 Balmore Road Glasgow G23 5HD

Agent Eamonn Wall & CO 15 West Burnside Dollar FK14 7DP

Development: Extension in Time to 31st December 2008 for the Restoration of Land and Changes to Approved Restoration Scheme

Location: Bedlay Colliery Site Birkenshaw Road Annath ill G69 8HL

Ward: 67 Moodiesburn East and Blackwood West Councillor William Hogg

Grid Reference: 272091 670470

File Reference: N/06/00341/MIN

Site History: Various permissions in relation to surface workings dating back as far as 1983. Recent (NLC) planning history as follows:

0 N/01/01606/AMD: Non compliance with Conditions 9, 10 & 14 of N/98/00653/MIN, to Extend Operational Hours, Increase Vehicle Movements Per Day and Modify Transportation Arrangements. Permission refused 11th June 2002 0 N/98/00653/MIN: Non-compliance with Conditions 2 And 11 of Planning Permission No. MIN 83/718 For Winning And Working of Minerals. Permission Granted IStOctober 1998

Development Plan: The site is covered by the Green Belt Policies of the Northern Corridor Local Plan 2005. The local plan policies in relation to vacant and derelict land and minerals are also of relevance.

Contrary to Development Plan: No

Consultations: Scottish Natural Heritage (Conditions) Scottish Environment Protection Agency (No response)

Representations: 2 letters of representation

Newspaper Advertisement: Advertised on 9th August 2006 Extension in Time to 31st December 2008 and Changes to Approved Restoration Scheme * Representation Recommendation: Grant Subject to the Following Conditions:-

That the extraction of blaes and importation of soils and all other operations and works shall cease and any buildings and machinery be removed, and all works for the reinstatement of the site, including the removal of the culvert on the Mollins Burn, shall be completed by 30 December 2008.

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

That, for the avoidance of doubt, Conditions 2 - 16 inclusive of planning permission N/98/00653/MIN shall continue to apply. The restoration and aftercare conditions of that permission are replaced by the following conditions.

Reason: To define the scope of this planning permission.

That within 3 months of the date of this permission, a scheme including contour drawings and cross sections and such further plans and drawings as considered necessary detailing all the works to be undertaken to restore the site shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt the scheme shall update the revised restoration proposals prepared by Eamonn Wall & CO and submitted as part of this application, and it shall include:-

full details of the phasing of operations on the site full details of the levels to be achieved across the site. full details of the works to be carried out to remove the culvert from the Mollins Burn including cross sections and detailed plans of the river channel that will be formed. full details of the reed bed feature included as part of the previously approved restoration scheme. a scheme of tree, grass and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted and grass seed mixes. For the avoidance of doubt, the proposed tree planting along the northern boundary of the site as indicated on Map No 3 prepared by Eamonn Wall & CO shall be extended around the western boundary of the site. 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. details of any bridges or other crossings over the reinstated Mollins Burn details of all access tracks to be formedhetained within the site. details of all proposed fencing including details of fences that are to be removed/replaced. details of all drainage indicating how this drainage will tie into existing drainage systems surrounding the site. full details of the measures to be taken to retain and enhance the seasonal ponds that have been created on the site.

Reason: To ensure thatihese details are submitted for the approval of the Planning Authority and that the site is restored to an appropriate standard.

That the site shall be restored in accordance with the approved phasing and the scheme approved under the terms of Condition 3 above.

Reason: To ensure that the site is restored to an appropriate standard within the agreed timescales

That within 3 months of the date of this permission, a 5 year aftercare scheme shall be submitted for the written approval of the Planning Authority, including any modifications as may be required, and for the avoidance of doubt it shall include the following: the steps necessary to bring the land to a standard that accords with the restoration proposals; full details of the cultivation techniques to be used; the fertilising methods; the soil sampling and analysis procedures; the watering and drainage methods; the weed control systems and any other treatment proposed for the land.

details of the aftercare measures to be adopted for the seasonal ponds and the reed bed system

a timetable for the implementation of these works

that any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within the aftercare period shall be replaced within the following year with others of a similar size and species. For the avoidance of doubt, this requirement also applies to the planting associated with the reed bed system and the seasonal ponds.

the submission of a written annual report to the Planning Authority on progress

Reason: To ensure the success of the restoration scheme

6. That the approved aftercare scheme shall be implemented following cessation of operations at the site and in accordance with the approved timetable unless as may otherwise be agreed in writing by the Planning Authority.

Reason: To ensure the success of the restoration scheme

Background Papers:

Application form and plans received 28th July 2006 Letter from Eamonn Wall & CO dated 16 August 2006

Memo from NLC Geotechnical Team Leader received 3rd August 2006 Memo from NLC Protective Services received 11th August 2006 Letter from Scottish Natural Heritage received 21 st August 2006 Letter from Scottish Environment Protection Agency received 4th September 2006 Email from NLC Central Area Development Control Team received 21 st August 2006

Letter from Howat Associates, 5 Kilmarnock Road, Mauchline, Ayrshire, KA5 5DB received 14th July 2006. Letters from Chryston Community Council, 1 Neuk Avenue, Muirhead, Chryston G69 9EX received 24th August and 4th September 2006.

Any person wishing to inspect these documents should contact Mr Graeme Lee at 01236 616474.

Date: 5 September 2006 APPLICATION NO. N/06/00341/MlN

REPORT

1. Description of Site and Proposal

1.I The application site is the former Bedlay Colliery situated to the south of Mollinsburn village and sandwiched between the village of Annathill and the M73.

1.2 The site currently operates under t$e terms of planning permission N/98/00653/MIN. This planning permission was granted on 1 October 1998 and allows the extraction of blaes and the importation of soils to restore the site. The existing planning conditions cover a range of matters relating to the day to day operation of the site and the long term restoration of the site. The application is seeking a 2-year extension of the time limits for the completion of operations at the site. This is required because works have yet to be completed and Condition 2 of th: permission imposed a time limit to the effect that operations had to be completed by 30 December 2006.

1.3 As submitted, the application also sought approval for changes in relation to the proposed restoration scheme. Specifically, the applicant sought to leave a culverted section of the Mollins Burn that runs through the site (contrary to the requirements of Condition 17 of the permission). This requirement has been the subject of further negotiations with the applicant. These negotiations have been successful and the culvert will now be removed as per the requirements of the original planning permission.

2. Development Plan

2.1 Strategic Policy 1 of the Glasgow and the Clyde Valley Joint Structure Plan 2000 defines the Green Belt around the conurbation and seeks to ensure that the Green Belt is protected and enhanced. In addition the structure plan is supportive of proposals that deliver environmental benefits, in this case the reclamation of a derelict site and the reinstatement of a section of the Mollins Burn.

2.2 The site is covered by the Green Belt Policies (ENV2 - 8) of the Northern Corridor Local Plan 2005. The local plan policies in relation to vacant and derelict land (ENV 29) and minerals and waste disposal (ENV 31 & 32) are also of relevance

3. Consultations and Representations

3.1 Consultation responses have been received as follows:

1. Scottish Natural Heritage have no objections to the proposal but recommend that the culvert is removed and the river channel reinstated and the ponds that have been created on the site are retained and enhanced to protect locally important habitats.

Comment: As indicated above, negotiations with the applicant have resulted in the culvert being removed. A planning condition will be imposed to ensure that the ponds are retained on the site and thereafter managed.

2. My Geotechnical Team Leader has indicated he has no objections to the proposal and advise that it is the policy of the Scottish Environment Protection Agency (SEPA) that wherever possible culverts are opened up.

3. My Protective Services Section was consulted and has no objection to the proposed development. 4. The Scottish Environment Protection Agency (SEPA) has no objection now that the culvert is to be removed and the seasonal ponds retained. SEPA advises that the works to remove the culvert are likely to require a licence under the terms of the Water Environment (Controlled Activities) (Scotland) Regulations 2005. Also that the applicant should ensure that their exemption under the Waste Management Licensing Regulations 1994 remains valid.

3.2 Given that this application is for the continuation of an existing use it was not felt to be necessary to consult my Traffic and Transportation Section.

3.3 Two letters of representation have been received. Chryston Community Council advise that they would object to any increase in traffic from the site passing through Mollinsburn; that hours should be restricted to 7.00 a.m. to 6.00 p.m. Mondays to Fridays (with no working outside these hours) and that all vehicles are covered by haps (sheets) when loaded. The Community Council also request that a site visit takes place in order that the Committee can see first hand the implications of heavy traffic on the residents of Cumbernauld Road, Mollinsburn.

Comment: The provisions of the existing permission will continue to apply. Accordingly there will be no increase in traffic as a result of this development. The existing planning permission allows an average (over the course of a month) of 50 lorry movements per day (comprising 25 arrivals per day and 25 departures). Working hours and the covering of all vehicles are matters covered by the existing planning conditions and it should be noted that the current working hours are as stated by the Community Council.

3.4 A neighbouring landowner's objection relates solely to the culvert being left in situ; the fact that there is no justification provided for retaining the culvert; the ongoing maintenance obligations and the likelihood of flooding occurring if maintenance was not carried out.

Comment: As indicated above, negotiations with the applicant have resulted in this aspect of the proposed development being revisited. The applicant has now indicated that the culvert will be removed and the river channel reinstated as required by the existing planning permission.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, I am satisfied that the proposed development accords with the policies contained in the Glasgow and the Clyde Valley Joint Structure Plan 2000 and the Northern Corridor Local Plan 2005.

4.2 The site has a long planning history of mineral working and the removal of blaes and importation of materials is considered to be the best practical option to achieve an appropriate standard of restoration on the site. The applicant has advised that the restoration of the site is taking longer than anticipated. A lack of availability of appropriate materials, and the restrictions on the existing planning permission regarding the numbers of vehicles per day, have combined to make it necessary to seek a further period of two years to complete the restoration.

4.3 The removal of the culvert was a requirement of the 1998 planning permission and it was the applicant's intention that the culvert remained. However, following negotiations with the applicant the culvert will now be removed. The removal of the culvert has the support of Scottish Natural Heritage and an adjacent landowner. It is also the policy of the Scottish Environment Protection Agency (SEPA) that wherever possible culverts are opened up.

4.4 I am satisfied that an extension in time of two years is appropriate in this instance and that the continuation of operations should see this site restored to an appropriate standard. The site was always to be restored to a mix of grazing land and woodland. This remains the case although, through the natural recolonisation of the site, there has been an increase in the areas of woodland. Accordingly, it is recommended that planning permission be granted.

4.5 It should be noted that Chryston Community Council has requested that the Committee carries out a site visit before this application is determined. Application No: N/06/01229/OUT

Date Registered: 26th July 2006

Applicant: Garnkirk Estate Clo Savius Hannah Business Park AYR KA6 5HL

Agent Building Designs Ltd lnverlussa Moray Street Blackford PH4 1PY

Development: Construction of Two Dwellinghouses

Location: Site West of Whitehill Farm Whitehill Farm Road Stepps

Ward: 70 Stepps : Councillor Brian Wallace

Grid Reference: 265627668743

File Reference: N/06/01229/OUT

Site History: N/99/00714/FUL: Erection of a 15m Telecommunications Monopole, Antenna And Compound at Whitehill Farm. Refused 18 August 1999

Development Plan: Strategic Policy 1 of the Strathclyde and the Clyde Valley Joint Structure Plan 2000 is of relevance.

The site is covered by Green Belt Policies ENV 2 - 8 of the Northern Corridor Local Plan 2005.

Contrary to Development Plan: Yes

Consultations: Scottish Environment Protection Agency (No Response) Scottish Water (Conditions)

Representations: 7 letters of representation

Newspaper Advertisement: Advertised on 2nd August 2006

Recommendation: Refuse for the Following Reasons:-

1. In the interests of the proper planning of the area in that the proposed dwellings would constitute inappropriate new development in the Green Belt and as such would be contrary to the Glasgow and the Clyde Valley Structure Plan 2000 (Strategic Policy 1). .. Construction of Two Dwllinghouses * Representations 2. In the interests of the proper planning of the area in that the proposed dwellings would constitute inappropriate new development in the Green Belt and as such would be contrary to Policies ENV 2, ENV 4, ENV 5 and ENV 7 of the adopted Northern Corridor Local Plan 2005

3. In the interests of the proper planning of the area in that the proposed dwellings would constitute inappropriate new development in the Green Belt and as such would be contrary to SPP 21 - Greenbelts and Circular 24/1985 - Development in the Countryside and Green Belts.

4. The Northern Corridor Local Plan specifies the circumstances under which new dwellings can be formed in the Green Belt. Dwellings can be formed from renovated redundant buildings, as replacements for existing dwellings and where justified in terms of an appropriate countryside business. The proposed new dwellings fall outwith all of the permitted categories.

5. When assessed against the design guidance contained in The Northern Corridor Local Plan the site is of insufficient size to be able to accommodate two dwellings whilst creating a satisfactory living environment. In particular, the development does not comply with the Council's standards in relation to the formation of new housing plots, on open space around new dwellings and in terms of access and parking.

6. That should planning permission be granted, a precedent may be set which would make it difficult for the Planning Authority to refuse other similar applications.

NOTE TO COMMITTEE

If granted the application will have to be notified to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 because the proposed development constitutes a significant departure from the Glasgow and the Clyde Valley Joint Structure Plan 2000.

Background Papers:

Application form and plans received 18th July 2006

Memo from Traffic & Transportation Team Leader (Northern) received 29th August 2006 Letter from Scottish Water received 3rd August 2006

Letter from Mr Campbell Provan, 13 Alexandra Avenue, Stepps, G33 6BP received 26th July 2006. Letter from Mr J Watson, 33 Alexandra Avenue, Stepps, G33 6BP received 28th July 2006. Letter from Margaret Swart, 32 Alexandra Avenue, Stepps, G33 6BP received 4th August 2006. Letter from F C & M Dominy, 30 Alexandra Avenue, Stepps, G33 6BP received 4th August 2006. Letter from Mr Robert Campbell, 35 Alexandra Avenue, Stepps, G33 6BP received 4th August 2006. Letter from Mr James Shanks, 29 Alexandra Avenue, Stepps, G33 6BP received 4th August 2006. Letter from CKD Galbraith, 3 Main Street, Milngavie, Glasgow G62 6BJ received 25th August 2006.

Any person wishing to inspect these documents should contact Mr Graeme Lee at 01236 616474.

Date: 5 September 2006 APPLICATION NO. N/06/01229/OUT

REPORT

I. Description of Site and Proposal

1.I This outline planning application proposes the formation of two house plots on the site of what is understood to have been a former guide hut on Whitehill Farm Road, Stepps. The site is 588 square metres in area and is situated on land immediately adjacent to the outbuildings on the farm. To the rear of the site is open farmland and other than a new post and wire fence the site is open to this land. The site access is close to the junction of Whitehill Farm Road and Alexandra Avenue beyond the point where Whitehill Farm Road narrows in width and has no foootpaths.

1.2 The site itself is partly screened from the public road by an existing hedgerow and mature trees. The hut is constructed in timber and has fallen into disrepair.

2. Development Plan

2.1 Being a site in the Green Belt, Strategic Policy 1 of the Glasgow and the Clyde Valley Structure plan is of relevance. This policy requires the continued designation and safeguarding of the Glasgow and the Clyde Valley Green Belt.

2.2 The adopted Local Plan is the Council’s Northern Corridor Local Plan 2005. The site is covered by Green Belt policies, the thrust of which, are to protect the Green Belt. New residential development is only acceptable where it can be justified as being necessary in the direct interests of agriculture, forestry, horticulture or other such use only appropriate to a rural location. Subject to a number of criteria being satisfied, the renovation of old redundant buildings to form dwellings is also supported by Green Belt policy.

3. National Plannina Policy

3.1 Scottish Planning Policy 15 : “Planning for Rural Development” - This policy document has the objective of allowing rural areas to evolve in response to national and international economic changes. Developments should be appropriate to particular locations, with location, scale, design, and sustainable transport being important themes.

3.2 Scottish Planning Policy 21 : “Green Belts’’ - This policy document advises that the Scottish Ministers consider that Green Belt policy should be used as a long-term land use planning tool to provide clarity and certainty on where development will and will not take place. There should continue to be a strong presumption against inappropriate development in Green Belts.

4. Consultations and Rewesentations

4.1 My Traffic and Transportation Section has recommended that the application be refused on road safety grounds as the sightlines cannot be achieved, the shared access is too narrow, there are no pedestrian facilities on the frontage and visitor parking will be at the adjacent junction, Alexandra Avenue. Whilst it may well be possible to achieve improvements, the applicants do not have sufficient land within their control to achieve what would be required. Also, the removal of hedgerows and trees and the widening of the road will adversely impact upon the character of the area. 4.2 Scottish Water does not object but indicates that there are currently constraints issues with regards to their network. However there is no indication that these matters could not be addressed

4.3 A total of seven letters have been received. Six letters of objection have been received all making largely the same points. A further letter has been received on behalf of the owners of the adjacent farm. The points raised are summarised below along with my comments:

The development is contrary to the Green Belt policies contained in the local plan and therefore contrary to the development plan.

Comment: I agree with this assessment of the proposed development.

e Traffic, parking and access issues

Comment: I agree with this assessment of the proposed development and my Transportation Section has recommended that planning permission be refused on road safety grounds.

Effect on existing drainage and infrastructure and impact on natural amenity.

Comment Whilst I am unaware of any other infrastructure constraints, Scottish Water has advised that there are currently issues with their infrastructure. However, this is something which could well be overcome so would not in itself justify refusing planning permission. I agree that the proposed development will adversely impact upon the natural amenity of the area.

The report of the Local Plan Inquiry for the Northern Corridor Local Plan advised that the land at Whitehill Farm should not be released for residential use.

Comment: This is indeed the case and notwithstanding that a much larger area of land was involved the principle that the site should be retained as Green Belt was firmly established. It is worth noting that the local plan is up to date (having been adopted in November 2005).

5. Planning Assessment and Conclusions

5.1 In terms of Section 25 of the Town & Country Planning (Scotland) Act 1997, the determination of all planning applications must be made in accordance with the development plan unless material considerations indicate otherwise. In this case, the proposed dwellings are contrary to the Green Belt Policies contained in both the Glasgow and The Clyde Valley Joint Structure Plan, 2000 and the Northern Corridor Local Plan 2005.

5.2 Although there is currently a building on this site, being of wooden construction it is very much a temporary building with a limited life span. The building has no special character and having being constructed as a guide hut, is unlikely to have ever been used as a dwelling. In this case, and as no other justification has been advanced, the proposal is contrary to the development plan and no other material planning considerations outweigh this. Accordingly, if planning permission were to be granted, a precedent would be set for new dwellings which would result in the cumulative reduction in the openness of the Green Belt.

5.2 In February 2005 The Scottish Executive issued Scottish Planning Policy 15 “Planning for Rural Development” (SPP 15). This SPP encourages a more innovative and open-minded approach to dealing with development within rural areas. However, paragraph 10, highlights the particular role of the Green Belt in maintaining the setting and separation of towns and cities by presuming against most new development. This paragraph advises that any proposals to release land for development within the Green Belt should be part of a longer term strategic settlement policy and should be set out in the Development Plan. Paragraph 11 clarifies that the greater scope for more innovative planning policies is in less populated areas. In addition, SSP 21 “Green Belts’’ highlights the Scottish Executive’s requirements that Local Authorities continue to maintain Green Belts. Therefore, piecemeal erosion of the Green Belt in the manner that is being proposed is contrary to National Planning Policy.

5.4 In addition to being contrary to the development plan, the proposed site is of insufficient size to be able to accommodate two dwellings whilst creating a satisfactory living environment. In particular, the development does not comply with the Council’s standards in relation to the formation of new housing plots, on open space around new dwellings and in terms of access and parking. Accordingly, it is recommended that planning permission be refused.

5.5 Should it be the decision of the Committee to grant planning permission, the application will require to be referred to the Scottish Ministers as a significant departure from the Structure Plan under the terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997. Application No: N/06/01280/FUL

Date Registered: 26th July 2006

Applicant: Mrs C Brett 15 Glen Lednock Drive Craigmarloch

Development: Construction of a Dwellinghouse

Location: Land to Rear of 102 Manse Road Kilsyth

Ward: 64 Croy and Kilsyth South and Smithstone: Councillor Francis Griffin

Grid Reference: 272356677452

File Reference: N/06/01280/FUL

Site History: None

Development Plan: The site is covered by Housing Policy HG 3-5 in the adopted Kilsyth Local Plan, 1999.

Contrary to Development Plan: No

Consultations: Scottish Water (No Objection)

Representations: One letter of representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That 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, including the arrangements for maintenance of the system, shall be submitted to and for the approval of 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 ClRlA 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 residents adjacent to and within the development site respectively. rkshire COuncll

1: 1.250 3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 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 responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans and thereafter the system shall be maintained in accordance with the details agreed under the terms of Condition 2 above.

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

4. That before the development starts full details of the existing and proposed finished site levels and building finished floor levels shall be submitted for the written approval of the Planning Authority. Following approval these levels will be implemented on site.

Reason: To ensure that these matters are considered in detail.

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

Reason: To ensure that these matters are considered in detail

6. 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: In the interest of the visual amenity of the area.

7. That before the development hereby permitted starts a desk top study of the site (regarding the presence of ground filled with unknown constituents in close proximity to this site), shall be submitted to the Planning Authority in both written and electronic format, by a suitably qualified person to a standard approved by North Lanarkshire Council's Protective Services section. Depending on the findings of this study a full site investigation survey may require to be carried out in accordance with the British Standard Code of Practice BS10175:2001. If required, this survey must look at all aspects of contamination of the site with particular reference to addressing the issue in terms of assessing the risk posed by the presence of pollutants in relation to sensitive receptors and where appropriate must include remediation proposals. Any analytical or investigatory work used to support the conclusions of the survey must include information regarding the methodology and Quality Assurance systems used.

Reason: To ensure that any gas migration and /or contaminants associated with any ground filled with unknown constituents in close proximity to the site, do not pose a risk to development.

Background Papers:

Application form and plans received 26th July 2006 Memo from Traffic & Transportation Team Leader (Northern) received 28'h August 2006 Memo from Head Of Protective Services received 21st June 2006 Letter from Scottish Water received 7th August 2006 Letter from Colin A Jones, 100 Manse Road, Kilsyth, G65 OET received 7th August 2006.

Any person wishing to inspect these documents should contact Mr Alan Graham at 01236 616394.

Date: 5'h September 2006 APPLICATION NO. N/06/01280/FUL

REPORT

Description of Site and Proposal

The application seeks consent for the construction of a dwellinghouse on land to the rear of 102 Manse Road, Kilsyth, which forms part of an established residential area. The proposal is for a detached one and a half storey house with two dormer windows on the front and rear, and would front on to Coach Place. It is proposed that the building would have a maximum height of 8.6 metres with a pitched roof, measure 9.85 metres wide and 9.35 metres long. Three parking spaces will be provided.

Development Plan

The application raises no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan Policies.

Within the adopted Kilsyth Local Plan 1999, the application site is located within an area covered by Housing Policy HG 3-5 which states that new residential development will be in keeping with the scale and character of the surrounding area and have no detrimental effect on existing residential amenity.

Consultations and Representations

One letter of representation has been received from the neighbours at 100 Manse Road, with the following objections being raised:-

* Restricted access

Comments: My Transportation Section have been consulted on the application and have raised no concerns regarding access.

Loss of privacy

Comments: I am of the opinion that the proposed dwelling would not have a detrimental impact on the residential amenity of the neighbouring proprietors in terms of privacy. While the building will certainly be visible from the rear windows of No.100 and change their outlook to some extent, the rear windows of the proposed house will be off set at an angle from No.100 and will be positioned more than 18 metres away from No.100, the minimum distance required. The privacy of No.100 should therefore, not be compromised to any significant extent.

Noise

Comments: My Council’s Protective Services Section have been consulted on the application and have raised no concerns regarding noise, although there will inevitably be some disturbance during the construction works.

Overshadowing

Comments: It is acknowledged that there will be some overshadowing in the rear garden of No.100 in the forenoon. However, it is my view that this impact would be minimal given the location of the proposed house which will sit 19.6 metres east of No.100 and would in turn have a limited detriment to the amenity currently enjoyed by No.100. 4. Planninq Assessment and Conclusions

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

4.2 It is proposed that the house will front on to Coach Place. Minimum space standards for front and rear garden depth will not be met, however it should be noted that the proposed development meets the minimum standards for garden area which require to be at least 60% of the site. Three parking spaces can be accommodated within the curtilage. The application is in keeping with the character and scale of surrounding development and will not adversely affect residential amenity of neighbouring properties. The application therefore complies with Housing Policy 3-5.

4.3 This application has been submitted in tandem with a second application for alterations and an extension to 102 Manse Road.

4.4 Having taken account of all relevant material considerations, and notwithstanding the concerns raised by the neighbouring proprietors at 100 Manse Road, it is recommended that planning permission be granted for a dwellinghouse on land to the rear of 102 Manse Road, Kilsyth subject to conditions. Application No: C/06/00336/0UT

Date Registered: 11th April 2006

Applicant: Wam Development Ltd Clo Agent

Agent Architectural Design Solutions 108 Main Street Carnwath MLll 8HR

Development: Residential Development for 56 Plots Incorporating Details for 19 Dwellings

Location: Land North & North West Of 403 - 429 Greengairs Road Greengairs Airdrie Lanarkshire

Ward: 45 New Monklands West Councillor Sophia Coyle

Grid Reference: 278854670755

File Reference: C/PL/GWGSOO

Site History: C/99/00995/0UT Erection of Residential Development (In Outline) Withdrawn 3 July 2000 C/03/01087/FUL Erection of 50 Dwellinghouses Granted 27 April 2006 C/06/00871/FUL Use of Land for Temporary Residential Accommodation at Plot 37 Granted 4 August 2006

Development Plan: The site is covered by residential policies contained within the Monklands District Local Plan 1991 .

Contrary to Development Plan: No

Consultations: Com munity Services (No response) Education (Comments) Scottish Natural Heritage (No objection) Scottish Environment Protection Agency (Objection) Scottish Water (Objection) Scottish Power (Objection) Network Rail (No objection) British Telecom (No objection) Greengairs Community Council (No response)

Representations: 1 Letter of Representation

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That, prior to the commencement of the construction of the first dwellinghouse, a visibility splay measured from the road channel of the realigned section of Palacerigg Road onto the B803 Greengairs Road to be 9.0m x 120m shall be provided on both sides of the vehicular access and before the development hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure the provision of satisfactory sightlines in the interests of road safety.

3. That, prior to the commencement of the construction of the first dwellinghouse, a visibility splay measured from the road channel of the proposed access onto Palacerigg Road should be 9m x 90m to the left and 9m x 70m to the right of the vehicular access and before the development hereby permitted is occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure the provision of satisfactory sightlines in the interests of road safety.

4. That visibility splays measured from the road channels at the internal junctions to be 4.5m x 35m. shall be provided on both sides of the vehicular access and before the development hereby permitted is completed or occupied, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.

Reason: To ensure the provision of satisfactory sightlines in the interests of road safety.

5. That before development of each of the plots hereby permitted commences, the associated access road shall be constructed to base course level.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 6. That before the last of the dwellinghouses permitted is occupied, all roads and footways shall be completed to final wearing course level.

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

7. That before the development of each dwellinghouse commences, a further reserved matters application, with the exception of plots 1, 13 & 40-56, shall be submitted to the Planning Authority and for the avoidance of doubt these will adhere to the approved design brief, in respect of the following details:

a) The siting, design and external appearance of all buildings and other structures, including walls, roofs, windows, doors, gutters and downpipes; b) The design and location of all boundary walls and fences; c) Cross sections of the plot showing existing and proposed site levels; d) Proposed hard and soft scheme of landscaping. Reason: To enable the Planning Authority to consider these aspects in detail.

8. That before development commences on any dwellinghouse hereby approved, the following shall be submitted to the Planning Authority, and for the avoidance of doubt these will adhere to the approved design brief, in respect of the following details

a) full details of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes; b) The design and location of all boundary walls and fences; c) Proposed hard and soft scheme of landscaping.

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

9. That, for the avoidance of doubt, the development of the plots and dwellinghouses hereby permitted shall be constructed in accordance with the approved Design Brief.

Reason: To define the permission.

10. That, for the avoidance of doubt, in terms of plots 1,I 3, and 40-56 the design and layout of these are hereby approved, as per plans 05/205/0101 (Plot I),05/205/113 (Plot 13), 05/205/48 Revision B (Plots 48-55) and 05/205/40 Revision A (Plots 40-47&56).

Reason: To define the permission

11. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of the dwellinghouses shall be finished in materials which match those on the dwellinghouse within the associated plot.

Reason: To safeguard the residential amenity of the area.

12. That any garage built within the curtilage of any dwellinghouse shall not project beyond the building line of that dwellinghouse and any adjacent road and shall incorporate a driveway at least 6 metres in length.

Reason: To safeguard the residential amenity of the area.

13. That before each of the dwellinghouses permitted is occupied 2 off street parking spaces shall be provided within each plot and shall be maintained thereafter to the satisfaction of the Planning Authority. For the avoidance of doubt the dimensions of the parking areas should be a minimum of 6m long x 5m wide or 10m long x 3m wide.

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

14. That the use of any garage within the development hereby approved shall be restricted to private use incidental to the enjoyment of the associated dwellinghouse on the site and no commercial activity shall be carried out, in, or from, the garage.

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

15. That before development of the plots hereby permitted commences details of the materials for hard landscaping shall be submitted to, and approved by the Planning Authority.

Reason: To ensure appropriate materials are utilised for the purposes of SUDS and road safety. 16. That no driveway serving the plots or dwellinghouses hereby permitted shall exceed a gradient of 10%.

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

17. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed. Reason: To ensure that any ground contamination is adequately tested and treated in the interest of public safety.

18. That following the completion of all or any part of the works required under the terms of condition (17) above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out.

Reason: To ensure that any ground contamination is adequately tested and treated in the interest of public safety.

19. That before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To safeguard the residential amenity of the area.

20. That before the development hereby permitted starts, full details of the style and colours to be used on all garage doors, shall be submitted to, and approved in writing by the Planning Authority.

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

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

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

22. Notwithstanding condition (21) above the treatment of the rear boundary of Plots 43 to 47 and 56 shall be submitted to, and agreed in writing with the Planning Authority prior to the commencement of development of any of the aforementioned plots and shall be completed prior to the occupation of the first associated plot.

Reason: To enable the Planning Authority to consider these aspects in detail and safeguard residential amenity of the surrounding area.

23. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) details of the phasing of these works.

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

24. That within one year of the occupation of the 30th dwellinghouse hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (23) above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the area.

25. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority and it shall include proposals for the continuing care, maintenance and protection of:- (a) all footpaths shown on the approved plans; (b) all proposed parking areas shown on the approved plans; (c) the proposed external street lighting; (d) the proposed grassed, planted and landscaped areas as agreed under the terms of condition (24) above; and (e) the proposed fences to be erected along the boundaries agreed under the terms of condition (21) and (22) above.

Reason: To ensure ongoing maintenance in the interest of amenity of the surrounding area.

26. That before completion of the landscaping scheme approved under the terms of condition (23) above, the management and maintenance scheme approved under the terms of condition (25) shall be in operation.

Reason: To ensure ongoing maintenance in the interest of amenity of the surrounding area.

27. That before the development starts, full details of the location and design of the surface water drainage scheme to be installed within the application site shall be submitted to, and for the approval of the Planning Authority, and for the avoidance of doubt the scheme shall comply with the principles of Sustainable Urban Drainage Systems (SUDS).

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

28. Notwithstanding the details submitted under the terms of condition (23) above, a shelterbelt or extended hedgerow 2.5m wide consisting of mixed age native species characteristic of the area shall be planted around the site.

Reason: To reduce the visual impact of the development on the surrounding area in the interest of amenity.

29. That prior to the start of the development hereby permitted the road improvements to Palacerigg Road and all statutory requirements relating to the stopping up of the section of road outlined on GREEN on the approved plans shall be completed to the satisfaction of the Planning Authority.

Reason: To ensure that the development proceeds following the stopping up of part of Palacerigg Road in accordance with Section 208 of the Town and Country Planning (Scotland) Act 1997.

30. That before the development hereby permitted starts, details regarding the provision of access to the existing garage associated with 429 Greengairs Road, shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure the continuing provision of access to an existing property.

31. That before the development hereby permitted starts details of the management and maintenance of the SUDS submitted under the terms of condition (27) above shall be submitted to, and approved in writing by the Planning Authority.

Reason: To ensure ongoing maintenance in the interest of amenity of the surrounding area.

32. That before development starts the applicant shall demonstrate to the Planning Authority that Scottish Water has no objection to the connection of the development to the public sewer system.

Reason: To safeguard the amenity of the area and to ensure that the proposed sewage system complies with Scottish Water requirements.

33. That before development starts the applicant shall demonstrate to the Planning Authority that Scottish Power has no objection to the diversion of overhead power lines.

Reason: To safeguard the amenity of the area and to ensure that the proposed diversion of power lines complies with Scottish Power requirements.

34. That, for the avoidance of doubt, accesses and orientation for plots 34-37 shall be to the northern boundary.

Reason: In the interests of visual amenity.

35. That the first 2 metres of all driveways shall be paved.

Reason: To prevent deleterious material being carried onto the road.

36. That all driveways and parking areas shall meet the public carriageway at 90 degrees.

Reason: To ensure satisfactory vehicular access facilities to each plot.

37. That before the development hereby permitted starts, details regarding the provision of access to the SUDS area, shall be submitted to and approved in writing by the Planning Authority.

Reason: To ensure access to maintain SUDS pond in the interests of amenity to the surrounding area.

If granted, the planning permission will not be issued until an Agreement under Section 69 of the Town & Country Planning (Scotland) Act 1973 has been concluded with the applicant in respect to a financial sum, at a rate of f500 per additional house, for the provision of play facilities within Greeng ai rs ,

Background Papers:

Application form and plans received 2nd March 2006

Memo from Transportation received 29th August 2006 Memo from Geotechnical Team Leader received 3rd August 2006 Memo from Protective Services Section received 3rd May 2006 Memo from Education received 16th June 2006 Letter from Scottish Natural Heritage received 5th May 2006 Letter from Scottish Environment Protection Agency received 5th June 2006 Letter from Scottish Water received 26th April 2006 Letter from Scottish Power received 2nd May 2006 Letter from Network Rail received 27th April 2006 Letter from British Telecom received 4th May 2006

Letter from Scottish Power Energy Networks, St Vincent Crescent, Glasgow, G3 8LT received 2nd May 2006.

Any person wishing to inspect these documents should contact Ms Leigh Menzies at 01236 81 2372.

Date: 4 September 2006 APPLICATION NO. C10610033610UT

REPORT

1. Description of Site and Proposal

1.I The development for which planning permission is sought is for the creation of a residential development for 56 plots (in outline) which incorporates detailed plans for 19 dwellings. The site consisted of two fields of semi-improved grassland that has not been grazed for several years and which slopes down to a disused railway on the northern boundary of the site. The applicant has now cleared the site and preparatory work is underway, this work has been carried out under the terms of the previous approval, which is detailed in paragraph 1.4 below.

1.2 The planning application seeks permission for the creation of 56 plots within the site boundary, which includes an improved junction at Palacerigg Road and Greengairs Road, and it is proposed that each plot will contain a detached property. The development includes 37 plots to be developed individually, the application includes a design brief that has been prepared in conjunction with the Planning Authority, which will help to help achieve a cohesive development. The design brief outlines the parameters within which each dwellinghouse must be designed and located within each plot.

1.3 For the remaining 19 plots full details of design and location have been submitted for consideration, 17 of the properties (Plot nos 40-56) are located at the most western extent of the site on a steep gradient. Due to this site geography these properties require to have an elevation that would have three storeys of accommodation, with other elevation providing two storeys. It is proposed that these dwellinghouses would include 4 bedrooms and 3 reception rooms. Of the remaining two plots, Plot 1 is a 1% storey property located at the entrance to the development and Plot 13 is a two storey property, comprising of 4 bedrooms and 2 reception rooms. All of these 19 plots are in accordance with the agreed design brief.

1.4 The application site has previously been granted planning permission (Ref: C/03/01087/FUL) for 50 houses which included full details of house types and locations. However the developer was able to secure additional land surrounding the site, which facilitates the incorporation of a further 6 plots, this is partly due to relocation of the Sustainable Urban Drainage System (SUDS) for the proposed development to the north of the housing area in open land. In addition it has become apparent that the majority of the plots are to be developed individually, with the applicant only providing the required infrastructure for the site.

1.5 As there is a well-equipped play area near to the application site, off Rankin Crescent, the applicant, as part of the previous application, requested that a contribution be made to additional play facilities within the village, the relevant sum has been received from the applicant in respect of application C/03/01087/FUL. Subsequently due to the proposed addition of 6 units a further sum would be required in respect of this matter which will require a Section 69 agreement.

2. Development Plan

2.1 The site is covered by policy HG3 New Private Sector Housing Development in the Monklands District Local Plan 1991. As the application raises no strategic issues, it can be assessed in terms of the local plan policy. 3. Consultations and Representations

3.1 Following the standard consultation process Network Rail and British Telecom indicated that they had no objections to the proposals.

3.2 Scottish Natural Heritage indicated no objection to the application but has requested that a defensible edge be created along the northern boundary of the site using native tree and shrub species. A condition would be placed on any approval in respect of this.

3.3 Scottish Power has indicated that they have high voltage cable within the vicinity of the site and wish to object to the development until this has been addressed. The applicant has been advised that any works to divert or protect existing cables would be at the developer’s expense. To address this an appropriate condition would be added to any approval.

3.4 Scottish Water indicated an objection to the application due to the cost of providing infrastructure to serve the development. However their objection could be removed should the applicant comply with certain conditions, which included the issues of cost and design. To address this, an appropriate condition would be placed on the development requiring that before any work starts, the applicant shall demonstrate to the Planning Authority that Scottish Water has no objection to the connection of the development to the public sewer system. In addition Scottish Water have also requested that SUDS be incorporated into the development.

3.5 Comments received from Transportation Section indicated no objection subject to conditions being placed on the development in respect of a new junction onto Greengairs Road from Palacecraig Road, visibility splays, appropriate parking spaces and relationship to the public road. The appropriate conditions would be placed on any approval in respect of these.

3.6 Geotechnical Team Leader has commented on the proposed SUDS and indicated that in principle the system should be acceptable so long as it is maintained properly.

3.7 The response from Protective Services Section requested that contamination and noise assessment surveys be carried out. In addition it requests that the construction work only be carried out during certain hours and that best practice be used in terms of noise from the construction and dust emissions.

3.8 Education Department have indicated that there are capacity issues at both the primary and secondary school levels for the area. As a result the Education Department has indicated that the children would require to be transported to a neighbouring school with accommodation or would mean that the Council would incur additional expenditure to extend the current provision.

3.9 SEPA indicated an objection to the development, as the current foul drainage network has no further capacity. In addition it has also provided comments requiring that an adequate SUDS system be provided within the site, that the risk of any possible nuisance (ie. dust etc) from the adjacent landfill sites be addressed, that adequate provision be made for space for waste storage, that construction works must be carried out to avoid creation of pollution and that any waste products be disposed of in accordance with the appropriate regulations.

3.10 Following the standard neighbour notification procedure one letter was received. Although the neighbour did not object to the application, they were concerned at the loss of access to an existing garage at 429 Greengairs Road, which currently takes access from the section of Palacecraig Road that would be stopped up.

4. Planninn Assessment and Conclusions

4.1 The application site has been identified for housing in the Monklands District Local Plan 1991 and this has been reinforced by the granting of detailed planning permission for 50 dwellinghouses in April 2004 (Ref: C/03/01087/FUL). Therefore the principle of development at this location has been established for some time. When considering the proposal it is necessary to ensure that the development does not conflict with the relevant design guidance or that there are material considerations that could justify setting aside the established principles.

4.2 The detailed information provided in relation to 19 the dwellinghouses and the design brief for the 37 plots are in accordance with the design guidance set out in the local plan in respect of requirements for the design and location of the structures within each plot. The proposal does not however provide the play provision normally associated with such a development, although as mentioned previously the applicant has provided a sum of f500 per dwellinghouse in respect of the previous application C/03/01087/FUL for the site. With regard to the application under consideration the applicant has agreed to provide a further €500 each for the 6 additional properties.

4.3 In terms of the comments by Scottish Water regarding the incorporation of SUDS, details have been prepared by the applicant and submitted to Scottish Water for approval. Scottish Water has indicated that so long as the SUDS is constructed satisfactorily then it would ultimately be maintained by them.

4.4 The Education Department indicated that there may be issues regarding capacity at the relevant schools, however it is considered that as the response given to the previous consent, indicated that there was no capacity issue, that a contribution from the developer would not be appropriate in this instance.

4.5 With regard to the comments by SEPA, the points raised are addressed as follows:

In terms of the foul. drainage a condition would be placed on the any approval to ensure that an agreement is reached with Scottish Water. In relation to the SUDS, a scheme has been put forward and it would appear from correspondence received from the applicant that SEPA has confirmed that it satisfies their requirements. Possible nuisance from adjacent landfill sites could be better controlled through alternative legislation. Provision of space for waste disposal, requirement for this has been made in the design brief. Regarding the possible construction pollution and the removal of waste products from the site issues such as this could be more effectively controlled through alternative legislation covering these issues.

4.6 Regarding the letter of representationfrom the owner of 429 Greengairs Road and the provision of access to an existing garage, a condition would be placed on any approval requiring that details be submitted in this regard for the approval of the Planning Authority.

4.7 In conclusion, having regard to the above, it is considered that they do not raise any issue that would merit refusal of the application. The proposed development is in line with the Development Plan and all other material planning considerations. There appears to be a demand for self build plots and the inclusion of the design brief would help to ensure a cohesive development rather than the submission of individual applications on an ad hoc basis. It is therefore recommended that planning permission be granted subject to the appropriate conditions and the conclusion of the required Section 69 agreement for the additional 6 houses. Application No: C/06/01146/FUL

Date Registered: 29th June 2006

Ap piican t : Cumbria Property Developments Ltd I0Palacecraig Street Rosehall Industrial Estate Coatbridge ML5 4RY

Agent Arc hibald McG rath 10 Palacecraig Street Coatbridge ML5 4RY

Development: Conversion of Derelict Farm Buildings to Form Residential Development Consisting of Five Dwellinghouses

Location: Benffoot Farm Forrest Road Salsburg h North Lanarkshire

Ward: 52 Salsburgh Councillor David Fagan

Grid Reference: 285697664720

File Reference: C/PL/SAF680000/1J/LR

Site History:

Development Plan: The site is covered by policies GB2 (Countryside around Towns); LR10/2(Develop Leisure and Recreation in the Countryside); LIIM(Landscape Improvements) and CUIM(Gas Pipeline Safety Zones) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: British Gas (No response) Scottish Environment Protection Agency (No objections) Scottish Water (No objections)

Representations: None received

Newspaper Advertisement: Advertised on 12thJuly 2006

Recommendation: Grant Subject to the Following Conditions:-

1. That the development hereby permitted shall be started within five years of the date of this permission. Planning Application No C106/01146/FUL

Converslonof Derelict Farm Buildings to Form 6 Dwellinghouses hl Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.

2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

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

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

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

Reason: In the interests of amenity.

5. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths shown on the approved plans; (b) the proposed parking areas shown on the approved plans; (c) the proposed external lighting provided for the area(s) shown on the approved plans; (d) the proposed grassed, planted and landscaped areas shown on the approved plans; (e) the proposed fences to be erected along the boundaries shown on the approved plans.

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

6. That prior to the occupation of the last dwellinghouse hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.

Reason: In the interests of amenity.

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

Reason: To define the permission.

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

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

9. That the new boundary treatment fronting onto Forrest Road shall comprise of 1 metre high natural stone or suitable alternative, and not as stated on the approved plans, details of which shall be submitted to, and for the written approval of the Planning Authority before any works start on site. Reason: To enable the Planning Authority to consider these aspects in detail.

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

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

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

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

12. That following the completion of all or any part of the works required under the terms of condition (11) above, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all necessary works have been carried out.

Reason: To ensure that any ground contamination is adequately tested and treated in the interest of public safety.

Background Papers:

Application form and plans received 29th June 2006

Memo from Transportation received 28'h July 2006 Letter from Scottish Water received 24th July 2006 Letter from SEPA received 22"d August 2006 Memo from Pollution Control Section received 24th July 2006

Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 812382.

Date: 30 August 2006 APPLICATION NO. C1061011461FUL

REPORT

I. Description of Site and Proposal

1.I The subjects comprise of an existing redundant farmhouse with attached outbuildings that are set within a rural location to the east of Salsburgh and near the Forrestburn Reservoir. The site fronts onto Forrest Road and is bounded to the north and east by open fields, to the west by an existing residential property and to the south by Forrest Road from where access to the site is taken. The main farmhouse is currently vacant while the attached outbuildings are in need of substantial repair. A number of former outbuildings have recently been demolished for safety reasons.

1.2 The proposal seeks to comprehensively refurbish the existing structures around the courtyard including the repositioning of an existing outbuilding to provide, in total, 5 dwelling units including the main farmhouse building. The works will retain the existing single storey build and will incorporate a mix of dormers/velux windows in the roof area to allow the upper area of the building to be utilised for bedroom accommodation. Each of the units will accommodate a Living Room, Kitchen/Dining Area, Bathroom and Bedroom on the ground floor. On the upper floor each unit will accommodate 2 Bedrooms.

1.3 Externally the refurbished structure will be finished in a mix of retained natural stone and white coloured dry dash render and the roof area will be re-slated (natural slates). The existing chimney heads will be retained and all windows/doors will be timber.

1.4 A new dedicated resident garage area (10 attached garages i.e. 2 per unit) will be provided to the north of the buildings and a dedicated visitor parking area will be allocated at the site frontage. Dormers are proposed within the roof area of the garages to replicate the style of the main building. The open courtyard area will be landscaped to include pathways, tree planting while retaining individual garden areas for each unit. Timber fencing is proposed as boundary treatment around the site.

1.5 Initially the applicant had proposed to extend the existing building on both its eastern and western elevations to accommodate 6 individual dwelling units although following discussions with this department those proposals were subsequently amended to those currently under consideration.

2. Development Plan

2.1 The site is covered by policies GB2 (Countryside around Towns); LR10/2(Develop Leisure and Recreation in the Countryside); LI1/3(Landscape Improvement) and CU1/3(Gas Pipeline Safety Zones) in the Monklands District Local Plan 1991.

3. Consultations and Representations

3.1 Following the standard neighbour notification and public advertisement procedures no letters of objection were received against this proposal.

3.2 None of the statutory consultees have offered any adverse comment on the proposals although Scottish Water have advised that drainage arrangements for the development will require to be treated by septic tank. SEPA have offered no objection to the principle of the proposal subject to agreement being reached on the method of disposal of sewage disposal. SEPA have added that the first choice option for sewage disposal is a suitably sized septic tank discharging to land via a closed soakaway system and the applicant is currently in discussion with SEPA to agree an acceptable method of sewage disposal. 3.3 The Transportation Section has recommended against the proposal on the grounds of additional traffic movements on what is essentially a substandard de-restricted public road with no footways. The Pollution Control Section has offered no objection to this proposal.

4. Plannina Assessment and Conclusions

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

The refurbishment of this former farm unit to individual residential units would have no significant benefit to the area in economic terms and there are minimal infrastructure implications other than the creation of site access provision and on-site service provision including sewage treatment and dispersal. In terms of locational need the farm buildings are set within a rural location and the style of the proposed refurbishment works are appropriate to the site's rural location. The site is within an area of medium quality landscape and while the proposal will not seek to introduce any significant landscape improvements other than around the boundaries of the site itself, the land itself is not considered to be prime agricultural land. The site is set at a visually prominent position on the skyline and in its present dilapidated condition it detracts from the surrounding rural environment. The proposals will re-establish the former farm buildings to their previous condition and taken together with the proposed boundary tree planting, this will have a significant environmental impact on the area around the site.

4.2 The approved Design Guidance on "New Houses in the Countryside", as contained within the Local Plan provides for the sympathetic adaptation for residential use of existing buildings (not necessarily last used for residential purposes) subject to the building being inherently worthy of preservation, substantially complete and of traditional design with adequate vehicular access and drainage. In addition Policy HG5 of the Local Plan seeks to encourage residential development in declining rural settlements through measures including the conversion and rehabilitation of existing cottages and redundant farm buildings in rural areas.

4.3 Having regard to the above Design Guidance criteria the application property is compliant in that the building is of traditional design, is mostly complete although partially in need of substantial repair and is inherently worthy of preservation. The external stone finish of the building cannot be retained in its entirety. It is accepted that the substantial remedial works necessary on the exterior of the building, including the introduction of various new openings, and the poor condition of the existing stonework justifies the comprehensive rendering of the building in a similar fashion to other farm buildings in the area. The repositioning of an existing attached outbuilding onto the eastern end of the building will create a more traditional "U" shaped structure and will resdlt in no increase to the overall floorarea of the existing building as previously proposed. The constraints of the courtyard have prohibited the use of the central courtyard area for curtilage parking, as would be preferred, and therefore the identification of dedicated residenthisitor parking areas to the north and south of the buildings is being accepted.

4.4 While the concerns of the Transportation Section are noted as regards the condition of the road (Forrest Road) serving the application site it should be highlighted that this same road currently serves a number of existing farm holdings and is used by heavy vehicles associated with the nearby Quarry. Forrest Road is also the sole access into the frequently used motor racing hill climb circuit located to the north east of the application site. It should be noted that a planning application (ref:C/04/01307/NID) is currently under consideration for the change of use of the land around the motor racing circuit to form a Quad Bike and Scramble Bike facility. That proposal would operate 7 days a week and could attract up to 2000 visitors at annual events. Sole vehicular access to that site would be taken from Forrest Road (to the north of Bentfoot Farm) and the Transportation Section has suggested improvements to the public road (intervisible passing places etc.) as conditions on any planning permission issued. Taken the current level of traffic using Forrest Road, and the potential increase resulting from the Quad Bike planning application then on the whole the introduction of approximately 10 more cars (2 per new unit) associated with the current proposal will have little if any adverse effect on the operation of Forrest Road.

4.5 Taking all of the foregoing matters into consideration I am satisfied that the proposal accords with the principles of the development plan. The design and external finish of the refurbished building is sympathetic to the rural location. I therefore recommend that planning permission be granted subject to the recommended conditions. Application No: S1051020801FUL

Date Registered: 19th December 2005

Applicant: NS Partnership 3 Cullion Way NewarthiII MLI 5SF

Agent Tom Whitelaw W hitelaw Associates W hitfield West Linton EH46 7AX

Development: Erection of Flatted Development Comprising 9 Flats & Associated Access Roads

Location: Gospel Hall High Street Newarthill North Lanarkshire

Ward: 29: Newarthill Councillor John Lafferty

Grid Reference: 278378659583

File Reference: SIPLIBl5184lLCIMM

Site History:

Development Plan: The site is zoned as HI (Established Housing - No Change) in the Adopted Northern Area Local Plan 1986.

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as CS 2 (Established Community Facilities).

Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (Comments) Scottish Water (0bjections) British Gas (Comments)

Representations: None received

Newspaper Advertisement: Advertised on 12th January 2006

Recommendation: Grant Subject to the Following Conditions:-

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

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

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

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

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

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

4. That before the residential development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, and measures for their protection in the course of development; and (d) details of the phasing of these works; and (e) for the avoidance of doubt, existing trees shall be retained unless otherwise agreed in writing by the Planning Authority. .

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

5. That before the residential development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed parking areas shown on the approved plans; (b) the proposed external lighting to be provided for the site; (c) the proposed grassed, planted and landscaped areas agreed under the terms of condition 4 above; and (d) the proposed fences to be erected as agreed under the terms of condition 3 above.

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

6. That within one year of the occupation of the last flatted property within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 4 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.

7. That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.

Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.

8. That no flatted property hereby permitted shall be occupied until the road and footpath within the site has been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.

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

9. That before the last of the flats hereby permitted is occupied, all roads and footways shall be completed to final wearing course.

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

10. That before the development hereby permitted starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met 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 that there is sufficient capacity in the sewerage and water supply systems to allow the residential development to proceed

11. That notwithstanding condition (10) above, before the development hereby permitted commences on site, written confirmation shall be submitted to the Planning Authority that the drainage works are able to be carried out to the satisfaction of Scottish Water and the Scottish Environment Protection Agency and shall comply with the appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems and before any dwelling is occupied written confirmation shall be submitted to the Planning Authority that these works have been completed to the satisfaction of Scottish Water and SEPA.

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

12. That before the residential development hereby permitted is completed, the surface water drainage scheme approved under the terms of Condition (11) above shall be installed, and thereafter maintained in accordance with the approved details.

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

13. That before the development commences, a further Site Investigation report be submitted for approval by the Planning Authority, and for the avoidance of doubt, the Site Investigation report shall take cognisance of the points of the memorandum from NLC Pollution Control dated 30th May 2006.

Reason: In order for the Planning Authority to consider these aspects in detail.

14. That before the development hereby permitted is commenced, full details of the proposed bin stores shall be submitted to and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider these aspects. 15. That before the flatted dwellings hereby approved are occupied, the following requirements shall be met in full: (a) Sitelines of 2.5 metres x 60 metres to the left and 2.5 metres x the distance to the junction tangent point to the right will be provided , and that nothing above 1.05 metres in height above the road channel level shall be planted, placed, erected, or allowed to grow within this site line area, and; (b) The existing vehicular access across the footway on High Street shall be reinstated to footway, with a full upstand carriageway kerbline, to the satisfaction of the Planning Authority.

Reason: To ensure adequate access and egress arrangements to the site in the interests of highway safety

Background Papers:

Application form and plans received 19th December 2005 Amended plans received 8 August 2006

Memo from Transportation Manager received 13'h January 2006 Memo from Geotechnical Team Leader received 13'h January 2006 and email dated 30thMay 2006 Memo from Head of Protective Services received 19th January 2006 Memo from Leisure Services received 1Oth January 2006 Letter from Scottish Environment Protection Agency received 1st March 2006 Letter from Scottish Water received 9th January 2006 Letter from British Gas received 5th January 2006

The Adopted Northern Area Local Plan 1986 The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mrs Lesley Carus at 01 698 302142.

Date: 28 August 2006 APPLICATION NO. S/05/0208O/FUL

REPORT

1. Description of Site and Proposal

1.I The application site comprises land at High Street, Newarthill, which extends to approximately 0.12 hectares. At present, a Gospel Hall is situated on the site, although the building is of no architectural merit, being single storey and finished in brown render with a metal roof and several flat roofed extensions to the side and rear. At the eastern end of the site, there is an area of low-level shrubs and bushes, with a number of taller semi-mature trees, currently owned by North Lanarkshire Council. The site itself is flat, although sits higher than the properties to the rear (north) due to a difference in ground levels. The site currently benefits from a formal vehicular access via High Street, however the proposed layout plan shows a new access being taken from Caledonia Drive, at the eastern end of the site. 1.2 To the south of the site lie a doctor’s surgery, community centre and residential flats. To the north, east and west of the site are further residential properties comprising predominantly 2 storeys in height to the east and west, and single storey to the north.

1.3 Detailed Planning Permission is sought for the erection of a residential development comprising 9 flatted properties with parking and landscaping. Following several discussions, amended plans were received detailing the flats as 3 storeys in height with balconies on the elevation fronting High Street. A turreted corner feature is proposed on the east elevations onto Caledonia Drive and High Street, with a hipped roof at the western end.

1.4 Access to the site is proposed to be via a new access from Caledonia Drive, and there is a pedestrian link from Caledonia Drive to the rear of the flats. A total of 12 parking spaces are proposed within the site.

1.5 In terms of landscaping, 360 square metres of open space is proposed within the site, the majority of which is situated at the western end of the site providing a buffer between the proposed development and the adjacent residential proprietors.

2. Develooment Plan

2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.

2.2 The site is zoned as HI (Established Housing - No Change) in the Adopted Northern Area Local Plan 1986. More contemporary is the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) which zones the site as CS 2 (Established Community Facilities). In addition, Policies HSG 10 (Assessing Applications for Housing Development) and TR13 (Assessing the Transport Implications of Development) are also relevant to the consideration of this proposal.

3. Consultations and Representations

3.1 Transco had no objections to the proposals.

3.2 Scottish Water objected to the proposals based on the network constraints and capacity issues at the Daldowie Wastewater Treatment Works.

3.3 NLC’s Geotechnical Section and SEPA expressed no objection to the development provided surface water is treatec'in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland. Construction works associated with the development of the site must be carried out with due regard to SEPAs guidelines on avoidance of pollution. In addition, the development may require the removal of waste and therefore this must be in accordance with the Waste Management Licensing Regulations.

3.4 NLC Transportation Section were consulted several times throughout the course of the application as several amendments were made to the plans. Initially, the Transportation Team Leader raised concerns regarding the levels of parking, junction sightlines and the size of the parking spaces. After further discussions with the developer, the proposed layout was amended and is now considered to be acceptable.

3.5 NLC Protective Services commented that a comprehensive site investigation should be undertaken to assess any potential risks arising from previous site uses. They also advised that a note should be placed on any consent restricting the production of noise during construction periods.

3.6 NLC Community Services found that the proposals were generally acceptable, however, they stated that efforts should be made by the applicant to retain the existing trees and landscaping within the site.

4. Planning Assessment and Conclusions

4.1 The proposals require-to'be assessed under the terms of the development plan and any other material considerations. In this instance the terms of policy HI (Established Housing Areas) in the Adopted Northern Area Local Plan and policies HSGI 0 and TRI 3 of the emerging Southern Area Local Plan are most relevant.

4.2 Policy HI of the Northern Area Local Plan supports residential developments that are compatible with the amenity of existing residential areas. Therefore it is considered that the principle of residential development is in accordance with policy HI, and detailed assessment on amenity issues are discussed under policy HSG 10 of the emerging plan in paragraphs 4.4 - 4.6 below.

4.3 Although it is recognised that the application site is currently zoned as CS 2 (Established Community Facility) in the Southern Area Local Plan, it is considered that this site offers no scope to be retained for community use. Furthermore, since the character of the area is predominantly residential, the principle of residential development on the site is acceptable. In addition, the site is currently a derelict property and thus new development will improve the visual amenity of the area. Hence, given the proximity of this application site to existing housing, the main issues in determining the acceptability of this application is to establish whether the proposal is compatible with the adjoining residential area, and the extent to which the development is affected by the existing adjoining uses.

4.4 Policy HSGlO (Assessing Applications for Housing Development) states that in determining planning applications for new housing, the Council will take into consideration: the impact of the development on the existing built and natural environment; density, layout and mix of housing; detailed design elements such as building height, materials and positioning; provision of landscaping, screening and open space; and the provision made for roads, access, parking and garage space.

4.5 When assessing this proposal against the provisions of HSG 10, the development is considered to be acceptable in terms of the impact on existing housing. The proposed flats will be three storeys in height, however there is no loss of privacy or amenity due to the distance of 24 metres between the flats and the houses to the east of the site; there are no windows overlooking habitable rooms of the properties to the west of the site; and there are no overlooking issues to the rear due to the orientation of the houses. With regard to the loss of sunlightldaylight, the level currently enjoyed by adjoining neighbours to the rear will remain largely unaffected by virtue of the perpendicular building configuration which sites habitable rooms away from any direct impact and results in only a marginal affect on the garden ground of the residents.

4.6 The proposed flats will be 3 storeys in height with a hipped roof at the western end of the site, a turret feature at the eastern end of the block and incorporates projecting bays and balconies, to add visual interest on this prominent corner site. The existing houses adjacent on High Street are 2 storey dwellings with similar hipped roofs. The hipped roofs of the flats reduce their visual impact, and the distance of 13 metres between the flats and the existing houses on High Street ensures that the difference in heights of the buildings integrate harmoniously within the streetscene. The scale and design of the flats is considered acceptable and complementary to adjoining properties. In addition, the development conforms to the Council’s open space guidelines in terms of the amenity space afforded to the flats. In addition, the site benefits from an established landscape feature at the eastern end of the site, much of which can be retained and this helps to soften the visual impact and is complemented by the landscaping and open space within the development site. Therefore the proposal is considered to comply with Policy HSG 10. Roads requirements are discussed in more detail under Policy TRI 3.

4.7 Policy TR 13 (Assessing Transport Implications of Development) sets out criteria for the Council to consider when assessing applications for development. These criteria include: the level of traffic generated and its impact on the environment and adjoining land uses; the impact of the development on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. The aim of this policy is to ensure that developments which generate traffic do not detrimentally effect the environment or adjoining land users, and is important in the assessment of this application. With regard to access and parking provision for the site, it is considered that the location of the access from Caledonia Drive coupled with the provision of adequate manoeuvring facilities within the site, would allow vehicles to enter the road network in an acceptable and safe manner. As indicated in paragraph 3.4, the Transportation Section are satisfied with the proposals. Therefore the development complies with Policy TR 13.

4.8 With regards to the issues raised by SEPA, Scottish Water and NLC’s Geotechnical Section, the submission of further drainage details can be secured by condition if consent is granted.

4.9 NLC Protective Services section requested that a site investigation be carried out. A condition will be imposed requiring the submission of a further site investigation report if Committee grant this application in order to address the outstanding issues. In addition, a note will be placed on the consent, if granted, advising on construction noise.

4.10 NLC Community Services commented on the landscaping within the site and conditions will be imposed requiring submission of a landscape scheme and maintenance regime for the site, should consent be granted.

4.11 In terms of overall design, the proposal is considered to be sensitively designed in terms of siting, scale and layout. Additional landscaping will soften the affect of the development on the site. It is considered that the residential amenity of existing surrounding dwellings will not be adversely affected.

4.12 To conclude, the residential development is deemed acceptable and the imposition of conditions will secure accordance with local plan policies. I therefore recommend that planning permission be granted. Application No: S106/00178/FUL

Date Registered: 9th March 2006

Applicant: Thomas McTavish 10 Armour Place Motherwell Lanarkshire MLI 5HJ

Development: Change of Use from Footpath to Private Garden Ground

Location: Land South of 10 Armour Place Newarthill Motherwell MLI 5HJ

Ward: 29 Newarthill Councillor John Lafferty

Grid Reference: 277316 659573

File Reference: SIPL/B/5/381LCIMM

Site History: No relevant site history

Development Plan: The site is zoned as HI (Established Housing Area) in the Adopted Northern Area Local Plan 1986.

The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as HSG 8 (Established Housing Area).

Contrary to Development Plan: No

Consultations: Scottish Power (No objections) British Gas (No objections)

Representations: None received

Newspaper Advertisement: Not Required

Recommendation: Refuse for the Following Reason:

1. That the development is contrary to Policies HSG8 and L4 of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) in that it would have an adverse effect on the amenity of the established housing area as it will result in the loss of an important pedestrian access serving the residents of the immediate area and adjacent areas. It would also conflict with good design practice which seeks to safeguard such routes. If granted, it could set a precedent for the submission of further applications thereby worsening the effect on amenity.

Background Papers:

Application form and plans received 6th February 2006

Letter from Scottish Power received 9th June 2006 Letter from British Gas received 30th May 2006 Memo from Transportation Team Leader received 4thApril 2006

Adopted Northern Area Local Plan 1986 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mrs Lesley Carus at 01 698 302142.

Date: 28 August 2006 APPLICATION NO. S/06/00178/FUL

REPORT

I. Description of Site and Proposal

1.I Planning permission is sought for the change of use of a public lane to private garden ground at land south of 10 Armour Place, Newarthill. The lane is proposed to be incorporated within the adjoining garden ground of 10 Armour Place. The applicant has indicated that the application has been lodged due to anti-social behaviour of people using the footpath.

1.2 The lane is located within a high density residential area mainly comprising long rows of terraced dwellings arranged on a 'Radburn' layout where a series of footpath networks traverse the housing estate. The lane is located between nos. 8 & 10 Armour Place and provides direct access between the front and rear of the terraced properties. Notwithstanding its location between property gable walls and 2 metre high rear fences, the lane is highly visible and open owing to its spacious dimensions measuring 3.5 metres wide by 21 metres long. It presents a tidy appearance free from litter, weeds or graffiti. The extent of lane proposed for closure is curtailed such that it only restricts access between the front and rear of Armour Place and does not therefore, sever other linkages which allow circulation around the estate. Similar access routes are available adjacent to nos. 2 & 24 Armour Place, and between nos. 16 & 18 Armour Place.

1.3 If granted there will be a requirement for the Council to promote a Stopping Up Order under Section 207 of the Town and Country Planning (Scotland) Act 1997 authorising the closure of the footway. This would be required before the land could be incorporated within the private garden ground of the applicant.

2. Development Plan

2.1 The application raises no strategic issues in terms of the Structure Plan and can therefore be assessed in terms of local plan policies.

2.2 The site is zoned as HI (Established Housing Area) in the adopted Northern Area Local Plan.

2.3 Within the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) the site lies within an area zoned as policy HSG 8 (Established Housing Areas).

2.4 Also relevant in assessing this application is policy L4 (Public Rights of Way and Access).

3. Consultations and Representations

3.1 The Transportation Team Leader raised no concerns relating to the stopping up of this footpath. However, he advised that public services may run through this lane, and recommended that all public services be consulted.

3.4 Scottish Water, Transco and Scottish Power made no objections to the proposed development.

4. Planning Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 4.2 Policies HI of the adopted local plan and HSG 8 of the emerging plan indicate that the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. It is considered that the proposed development will have an adverse affect on the amenity of the established housing area as it will result in the loss of an important pedestrian access serving the residents of the immediate area and adjacent areas. Furthermore from an access point of view, good pedestrian links between major areas of housing are highly desirable and as there were no obvious signs of anti-social behaviour at the time of visiting, there is a presumption against restricting access by closing existing paths. If there is an anti-social problem, the closure of this lane would simply result in the problem being shifted to another lane, thus if granted, it could set an undesirable precedent for other residents within this area to carry out similar works, to the detriment of access and residential amenity. Issues of anti-social behaviour are best dealt with by the enforcing authorities namely the Police, not the Planning Authority.

4.3 Policy L4 (Public Rights of Way and Access) indicates that the Council will maintain and protect the network of Public Rights of Way and other permissive access routes. The accompanying text at paragraph 8.41 states that “Providing paths can encourage people to maintain healthier lifestyles and provide a safe and sustainable alternative to the using of cars for local journeys to work, shops and schools. The provision of access routes contributes to wider environmental improvements.” The current proposal is considered to be unacceptable as the lane provides an important access and egress to and from the adjacent residential areas. The lane in question is utilised as a pedestrian route around the housing network and the residential dwellings surrounding Armour Place, Kilbreck Lane and Lawers Lane. It is considered that the lane could not be closed without a significant detrimental impact to the existing access routes in the area. Therefore the closure of this route is considered to be contrary to the provisions of Policy L4 (Public Rights of Way and Access). 4.4 The proposal is therefore considered contrary to policies HSG8 and L4 above as the closure of this lane will have a significant detrimental impact on the existing access routes in the area. As such, I recommend the application for refusal. Application No: S/06/0121IIFUL

Date Registered: 18th July 2006

Applicant: Mrs Nanette Fredriksson 30 Elliott Road Thornton Heath Surrey CR7 7QA

Development: Change of Use From a Vehicle Repairs Garage to Vehicle Sales

Location: 322 Kirk Road Wishaw North Lanarkshire

Ward: 8 Stewarton Councillor John Moran

Grid Reference: 280368 655414

File Reference: S/PL/BF/l0/4 (241)/FM/MM

Site History: 06/00443/FUL - Use of Premises as a Vehicle Repair Workshop, granted 24th May 2006, expires 24'h May 201 1.

S/05/01117/FUL - Alterations and Change of Use From Vehicle Repair Workshop to Hot Food Takeaway, application withdrawn 1!jth September 2005

S/99/00647/FUL - Renewal of Change of Use to Vehicle Repair Workshop, granted 12thOctober 1999 expired 13'h October 2004

113/92 - Change of use to hot food takeaway, refused 3" June 1992.

383191 - Change of use to hot food takeaway, refused 6'h November 1991.

51 6/88 - Renewal of change of use to vehicle repair workshop, granted 1st September 1993, expired 1'' September 1998. 360/86 - Change of use from electrical workshop to vehicle repair workshop, granted 30thSeptember 1986, expired 31st October 1988.

Development Plan: The site is zoned as RTL6 (Secondary Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) and Policies RTLII (Bad Neighbour Developments) and TR13 (Assessing the Transportation Implications of Development) also apply.

Contrary to Development Plan: No

Consultations: No external consultations required

Representations: None Received

Newspaper Advertisement: Advertised on 26th July 2006

Recommendation: Refuse for the Following Reasons:-

1. That the development is contrary to Policies TR13 and RTLI 1 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) in that the development would be detrimental to road safety as the site is substandard in terms of vehicular parking provision and vehicular manoeuvring areas.

Background Papers:

Application form and plans received 13th July 2006 and amended plans received on the 2EithAugust 2006.

Memo from NLC Transportation Team Leader received 4th August 2006 Memo from NLC Head of Protective Services received 27th July 2006

Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005).

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 302087.

Date: 28 August 2006 APPLICATION NO. S10610121 IIFUL

REPORT

1. DescriDtion of Site and Proposal

1.I Detailed planning permission is sought for the change of use of a vehicle repair workshop to a vehicle sales premises at 322 Kirk Road, Wishaw. The application site is situated in a small neighbourhood commercial area on the corner of Kirk Road and Meadowburn Road, Wishaw. Dwellings bound the site to the north and east with a convenience store with a flat above bounding the site to the south. A fish and chip shop and an appliance shop bound the site to the west. A carpet clearance shop and another convenience store lie to the south east on the opposite side of Meadowburn Road.

1.2 The application site extends to approximately 360 square metres and includes the detached workshop/showroom building 90 square metes in size and the existing car park to the west of the building. Access to the site is taken from Meadowburn Road via a dropped kerb access at the rear of the site in between the convenience store to the south and the workshop building.

1.3 In the last 20 years there have been 4 temporary planning consents for the use of the premises as a vehicle repair workshop. The most recent of which was granted temporary consent for a period of 5 years at the Planning and Environment Committee of the 24'h May 2006. In addition there have been three applications to change the use of the premises to a hot food takeaway, two of which have been refused with the third being withdrawn at the applicants request.

2. Development Plan

2.1 The site is zoned as Policy RTL6 (Secondary Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005). This policy gives guidance on appropriate uses for such areas, which should support the role of the centre and not adversely affect the character and amenity of the area. Policies RTLII (Bad Neighbour Developments) and TRI 3 (Assessing the Transportation Implications of Developments) are also applicable.

3. Consultations and Representations

3.1 My Transportation Section would not be concerned with the proposal subject to a number of requirements being met. The applicant should provide a turning facility within the site suitable enough for the largest vehicle likely to serve the business. In addition 2 parking spaces should be provided within the curtilage of the site for staff and customer use, together with a 6m-aisle width to allow vehicles to manoeuvre to and from the bay. Area(s) for storage of new and used cars and space for other operational requirements should also be provided and no vehicles associated with the premises should be mounted on the public footway.

3.2 My Protective Services Section have advised that there is no record of any noise complaints in respect of these premises. They also advise that a condition be imposed restricting noise generation from machinery, such that noise levels in any adjoining residential property remain within acceptable limits.

4. Planning Assessment and Conclusions 4.1 It should be noted that,the application raises no strategic issues and therefore only needs to be assessed against the relevant detailed policies of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005), and any other relevant material considerations.

4.2 The application site lies within the Commercial Area on Kirk Road, Wishaw. Policy RTLG (Secondary, Village and Neighbourhood Commercial Areas) of the Southern Area Local Plan Finalised Draft applies and indicates that the Council will support the retention and provision of uses which compliment the role and function of such Commercial Areas. The text associated with Policy RTLG states in paragraph 5.84 that other commercial activities which are complimentary to the nature of Secondary, Village and Neighbourhood Commercial Area will be supported subject to their compliance with the other policies set out in the local plan. The current application site has been in operation as a vehicle repair workshop for a period of 20 years and the new proposed use of the site is considered to comply with Policy RTLG subject to the detailed assessment of the proposals with the provision of Policy RTLII (Bad Neighbour Developments).

4.3 Policy RTLI 1 (Bad Neighbour Developments) recognises that Commercial Areas are the preferred location for many uses, which are classed as bad neighbour development. The relevant criteria of this policy which need assessment for the current application are the impact on the character and amenity of adjoining properties and the surrounding environment, design, provision for access, servicing and parking, and the proposal's impact on pedestrian safety and traffic circulation. The application site is located within a local commercial area and the nearest residential dwelling is located approximately 20 metres from the workshop building. It is considered that the proposed use for vehicle sales is unlikely to have any significant impact on residential amenity in terms of noise sufficient to warrant refusal of the application. There are no external alterations proposed to the building as part of this application. The provision for vehicular access and parking arrangements are considered in the following paragraph.

4.4 In assessing the transportation implications of a development, Policy TR13 is a material consideration and states that the Council will take account of criteria including: the level of traffic generated and its impact on the environment and adjoining land uses, the impact of the development on road traffic circulationhoad safety and the provision made for access, parking and vehicle manoeuvring. As indicated above in paragraph 3.1 above, my Transportation Section require a turning facility to be provided within the site and adequate parking spaces to be provided within the site for vehicle sales and staff/customer parking together with other operational requirements. However it is evident from the dimensions of the yard area, that there is insufficient space within the site for the required turning, manoeuvring space and parking within the site to fully and adequately serve the proposed use of the site. The applicant was requested to provide an additional drawing and information showing a workable solution, but the amended plan received on 25'h August 2006 does not meet the requirements of my Transportation Section. It is therefore considered that the development is contrary to Policy TR13.

4.5 In relation to the comments made by my Protective Services Section, these would be dealt with by conditions if the recommendation had been to grant the development to limit potential future noise concerns.

4.6 As detailed above the proposed change of use of this vehicle repair garage to a vehicle sales area is considered to be in accordance with Local Plan Policy RTL6. However the likely impact of the development is considered to be detrimental to road safety as the site is substandard in terms of vehicular parking provision and vehicular manoeuvring areas. The application is therefore contrary to policies TRI 3 and RTLI 1 of the Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) and it is recommend that permission be refused. Application No: S/06/01282/FUL

Date Registered: 4th August 2006

Applicant: Thorniewood Social Club Robertson Park Old Edinburgh Road Uddingston G716HL

Agent Brian Goodwin 69 Burnhead Street Viewpark G71 5RN

Development: Erection of Canopy to Provide Smoking Area and Formation of Beer Garden (Retrospective)

Location: Thorniewood Social Club Old Edinburgh Road Uddingston G71 6HL

Ward: 22 Fallside Councillor Robert Burrows

Grid Reference: 271013 661056

File Reference: S/PL/BF/9/67( 7 1)/LC/M M

Site History: S/05/00543/FUL Installation of 15 Metre High Telecom Mast with Associated Infrastructure - Granted at Appeal 2611 /2006

Development Plan: The site is zoned as Major Private Open Space in the Adopted Uddingston and Tannochside Town Map 1973.

The site is zoned as policy L1 (Established Leisure Facility) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) and policies RTLII and TR13 are also relevant to this developmen t . Contrary to Development Plan: No

Consultations: None

Representations: One Letter of Representation

Newspaper Advertisement: Advertised on 17th August 2006

Recommendation: Grant Subject to the Following Conditions:-

1. That the permission for the change of use to beer garden hereby granted relates only to the areas of ground indicated as the beer garden on the approved plans and to no other area within the grounds of the Social Club.

Reason: To define the use of the land.

2. That no music shall be played at any time within the beer gardedsmoking area.

Reason: To protect the amenity of nearby residents.

3. That the permission granted for the canopy shall be for a temporary period of five years from the date of this permission.

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

4. That double doors shall be provided at the entrance/exit doors marked BLUE on approved plans, in accordance with a scheme to be submitted to, and approved in writing by the Planning Authority.

Reason: To protect the amenity of nearby residents.

Background Papers:

Application form and plans received 27th July 2006

Letter from Anne Mulholland, 57 West Avenue, Viewpark, Uddingston, Glasgow, North Lanarkshire, G71 6HA received 1st August 2006.

Uddingston-TannochsideTown Map 1973 Southern Area Local Plan Finalised Draft (modified 2001, 2004 and 2005)

Any person wishing to inspect these documents should contact Mrs Lesley Carus at 01698 302142.

Date 28 August 2006 APPLICATION NO. S/06/01282/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought in retrospect for the erection of a canopy to provide a smoking area, and the formation of a beer garden at Thorniewood Social Club, Old Edinburgh Road, Udd ingston.

1.2 Thorniewood Social Club is set back from Old Edinburgh Road behind a new development of shops and a nursing home to the north. To the East of the social club are semi-detached residential properties sitting at a lower ground level, and to the south and west is the Thorniewood football ground. Mature planting is evident along the eastern boundary of the site, which provides some level of screening to neighbouring properties. The Club itself is largely single storey, and vehicular access is taken from the existing access on Old Edinburgh Road to a small car park to the north of the site.

1.3 The proposal includes the erection of a canopy and the formation of a beer garden to the side of the social club, with five picnic style tables, each with individual canopies, and an awning over 2 of these tables. The awning projects approximately 3 metres from the building wall, and is 4 metres in length. This area will be accessible from the front entrance of the social club, as well as a side door leading into the area.

2. Development Plan

2.1 The proposal raises no strategic issues in terms of the Glasgow and Clyde Valley Joint Structure Plan 2000 and can therefore be assessed in terms of Local Plan policies.

2.2 The site is zoned as Major Private Open Space in the Adopted Uddingston and Tannochside Town Map 1973. The site is zoned as policy L1 (Established Leisure Facility) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) and policies RTLII (Bad Neighbour Developments) and TR13 (Assessing the Transport Implications of Development) are also relevant to this development.

3.

3.1 Protective Services have been consulted and recommended that no piped music is allowed within the canopy covered area, the use of the area be limited to 10pm and that double doors be incorporated at the entrance to the area to minimise transmission of music outdoors. They have also advised that any construction work and dust emission associated with the development is within recommended guidelines.

3.2 Following the standard neighbour notification and public advertisement, one letter of objection was received by a neighbouring resident at 57 West Avenue. The points of objection can be summarised as follows:

(i) The objector states that the occupier of 55 West Avenue is a young female with a toddler; at no. 59 is a mother and daughter and at no. 61 is a husband and wife who are senior citizens. (ii) The objector has had to telephone the club to complain about the noise levels, especially during the summer months when the noise levels after 11pm have been intolerable, esDeciallv since the door can be left oDen all dav and niaht. (iii) Another complaint made to the club was that their customers sit at the door, and urinate on the wall of the club (iv) The customers of the club invade the privacy and pose a threat to the safety of the objector and her neighbours.

4. Planninn Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposals require to be assessed under the terms of the development plan and any other relevant material considerations. The Uddingston and Tannochside Town Map 1973 zones the development site as an area of major private open space. The Social Club has been established for many years as an ancillary facility in association with the football club. It is considered that the formation of a smoking area and beer garden will further enhance these facilities and therefore accords with this policy.

4.2 The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) zones the site as policy L1 (Established Leisure Facility). This policy states that the Council will seek to protect and enhance existing leisure facilities by: implementing a programme of upgrading and refurbishment of Council facilities, supporting private sector and community initiatives in suitable locations, and resisting the loss of leisure facilities where a shortfall in provision for that locality will result. As noted above, the social club has been established at this site for many years thus the beer garden and smoking areas are acceptable in principle.

4.3 Policy RTLI 1 “Bad Nelghbour Developments” seeks to locate such developments within Town Centres and/or Secondary Village or Neighbourhood Commercial Areas. Proposals are assessed on their potential impact on the character of the surrounding environment, with developments expected to complement the existing streetscape. In relation to Policy RTLI 1, it is considered that the relevant determining factors are whether the beer gardenkmoking areas are acceptable in terms of their location, design and effect on the adjoining neighbours. The location, design and size of the beer gardenkmoking areas pose complementary discrete additions to the public house building and they would also be well screened by existing vegetation. As the social club has been established for many years it is considered that there would be no significant increase in fumes, noise or general disturbance from the proposed beer gardenkmoking area. Thus, the proposal is held to comply with policy RTLI 1.

4.4 Policy TR13 “Assessing the Transport Implications of Development” requires account to be taken of criteria including: the impact of development on road traffic circulation, road safety and provision made for access, parking and vehicle manoeuvring. The beer gardenkmoking areas do not encroach upon parking bays thus it is held that parking, vehicular access and circulation arrangements will remain unaffected. Therefore, the proposal also accords with policy TRI3.

4.5 With regards to the points of objection, these can be addressed as follows:

(i) The tenure of the neighbouring properties is noted. However, it is considered that since the social club has been established for many years, this proposal will not significantly impact on the amenity of the neighbouring residents. (ii) Some noise disturbance is inherent in an establishment of this type, but it is unlikely that the smoking area/beer garden would significantly increase noise levels at this locus given its intermittent use, such that would warrant refusal on this basis. Nevertheless, conditions have been set advising that at all times no music shall be played within the beer garden area, and that double doors be installed at both entrance/exit doors to the beer gardenkmoking areas. (iii) This matter is not a planning consideration, as it is the responsibility of the social club to ensure that its patrons are behaving in an appropriate manner. (iv) Due to the existing planting between the social club and residential properties, there will be no impact on the safety or privacy of neighbours.

4.6 In general, it is considered that residential amenity is maintained as the proposed developments pose relatively discrete additions, with the nearest dwellinghouse located approximately 25 metres on the east side of the development. With the existing adequate screening, it is considered that the proposed development will not adversely affect the existing setting. Its effect should be localised only within the immediate commercial environment given that the residential properties benefit from screening, planting and fencing. Furthermore, conditions are recommended restricting the use of the area as a beer gardenlsmoking area to those specific areas identified on the approved plans and no piped music shall be allowed at any time. Overall, the location, and perimeter screen planting of the social club ensures that the juxtaposition of this commercial operation is reconciled comfortably alongside residential neighbours. Thus, the addition of a beer gardenlsmoking area as an ancillary facility to an established Social Club is considered acceptable at this location and will not have a detrimental effect on the surrounding area.

4.7 With regards to the comments received from Protective Services, conditions have been set advising that at all times no music shall be played within the beer garden area, and that double doors be installed at both entrancelexit doors to the beer gardenlsmoking areas. However in regard to the time limit and dust emissions these are not relevant planning considerations and are dealt with under separate Environmental legislation. In regard to construction regulations the applicant has been advised of this.

4.8 As detailed above the proposed external beer gardenlsmoking areas at this long established social club are considered to be in accordance with Local Plan Policies L1, RTLI 1 and TR13. The design of the proposals are acceptable and the impact of the development on surrounding neighbours is considered to be of marginal significance given the current use of the site as a social club. In summary, it is considered that taking into account the development plan and all material considerations, I recommended that planning permission be granted subject to conditions. Application No: S/O6/01302IFUL

Date Registered: 1st August 2006

Applicant: Mr Brian Connell 51 Quarry Road Fauldhouse EH47 9HD

Agent Stanley C Cook 12 Beveridge Terrace Mossend Bellshill

Development: Siting of a Static Snack Van (In Retrospect)

Location: High Street Shotts North Lanarkshire

Ward: 20 Benhar Councillor Charles Cefferty

Grid Reference: 287954659839

File Reference: SIPLIBFII 7/51 (336)IEMIMM

Site History: None

Development Plan: The site is zoned for Major Environmental Improvement Projects in the Shotts Local Plan 1982.

The site is unzoned in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005), and lies between the road and an established Industrial and Business Area (IND8), with an area of Protected Open Space (L3) lying to the southwest. Policies RTLII (Bad Neighbour Developments) and TRI 3 (Assessing the Transport Implications of Development) are also relevant.

Contrary to Development Plan: No

Consultations: None

Representations: None

Newspaper Advertisement: 17'h August 2006

Recommendation: Grant Subject to the Following Conditions:.

1. That the permission hereby granted is for a temporary period only and shall expire on 13th September 2009.

Reason: To enable the Planning Authority to retain effective control. Depot 2. That the opening hours of the snack van, for which planning permission is hereby granted, shall be between the hours of 6am and 8pm Monday to Saturday and 8am to 2pm on Sundays.

Reason: To define the permission.

3. That the applicant shall provide litter disposal facilities on the site, whilst the snack bar is in operation, to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

4. That in the event that the snack unit is removed from site, the site shall be reinstated to the satisfaction of the Planning Authority within one month of the snack unit being removed.

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

Background Papers:

Application form and plans received 1st August 2006

Memo from Transportation Team Leader received 23" August 2006 Memo from Protective Services Section received 24'h August 2006

Shotts Local Plan 1982 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005)

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 302137.

Date: 28 August 2006 APPLICATION NO. S/06/01302/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought retrospectively for the siting of a static snack van situated on a grass verge adjacent to High Street, Shotts. The snack unit is located on the southeast side verge, across from the Library, and is bounded by a high grass embankment to the rear (southeast) and open space either side (northeast and southwest).

1.2 The snack van operates from a porta-cabin where the proposed hours of operation would be between the hours of 6am and 3pm Monday to Friday and 8am to 2pm on a Saturday and Sunday. The snack van has been in operation at this site for approximately 2 months and the site is maintained in a tidy condition, assisted by the provision of a litter bin.

2. Development Plan

2.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies.

2.2 The adopted Shotts Local Plan 1982 zones the site for Major Environmental Improvement Projects. The site is unzoned in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005), and lies between the road and an established Industrial and Business Area (IND8), with an area of Protected Open Space (L3) lying to the southwest. Policies RTLII (Assessing Applications for Bad Neighbour Development) and TRI 3 (Assessing the Transport Implications of Development) are also relevant.

3. Consultations and Representations

3.1 My Transportation and Protective Services Sections have offered no objections to the proposed development.

4. Planninn Assessment and Conclusions

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

4.2 Policy L3 (Protected Open Space) indicates that the Council will seek to protect from development formal and informal public, and private open spaces shown on the Proposals Map by resisting proposals which would adversely affect such spaces. The application site lies close to an area designated as Protected Open Space and forms a grass verge continuation of that area. It is considered that the siting of a static snack van within the verge is acceptable and would not adversely affect the nearby area designated L 3 Protected Open Space.

4.3 Policy RTLI 1 requires that consideration must be accorded to the impact of the proposal on the character and amenity of the area. The proposed snack van is located on a grass verge area. To the rear is a grass embankment separating the van from an industrial unit and across the road lies the Library and Sports Centre. The impact of the snack van is only experienced at the immediate local level within this area and is located approximately 75 metres away from the nearest residential dwelling. As the surrounding uses are all commercial or recreational it is considered that the snack van provides an additional catering facility in the area which complements the industrial and recreational nature of its surroundings. Given its position the van can easily be subsumed visually within the bustling nature of the area and as such the impact on the amenity of the area is considered minimal. Furthermore, given the hours of operation and its somewhat isolated position it is not considered that there will be any significant detrimental impact on the surrounding uses. I would recommend conditions, in the interests of amenity, granting only a temporary consent, limiting the opening hours of the snack van and requiring the provision of litter facilities. Subject to these conditions, it is considered the proposal complies with Policy RTLI 1.

4.4 In assessing the transport implications of development, Policy TR13 applies. This policy assesses the proposal against various transportation criteria the relevant ones of which are (1) the level of traffic generated and its impact on the environment and adjoining land uses, (2) impact of the development on road traffic circulation and road safety, (3) provisions made for access, parking and vehicle manoeuvring. My Transportation Section has no objections to the proposed development and it is considered that the proposal can be accommodated without any significant detriment to the level of traffic generated or impact on the surrounding environment and land uses. It is considered the proposal will have no significant impact on traffic circulation or road safety. It is likely that most customers will be from the immediate area arriving on foot, and my Transportation Section have no requirement for any parking or vehicular access provisions to be made. Thus, the proposal also accords with Policy TR13.

4.5 The consultation responses have offered no objections to the application and no third party representations have been received.

4.6 In conclusion, I consider that in view of the compatibility of the proposal with the surrounding land uses, the proposed snack van complies with the relevant development plan policies contained in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005). It is therefore recommended that planning permission be granted.