1
- North Lanarkshire Council
DEPARTMENT OF PLANNING AND DEVELOPMENT
PIa nn i n g Ap plica t io ns for consideration of Planning and Development Committee
Committee Date : 30th October 1996
Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved 2
INDEX
PAGE APPLICATION APPLICANT DEVELOPMENT / LOCUS
4 Nl96/0213/PL MR W. BRYCE ERECTION OF REAR EXTENTION 41 PORTREATH ROAD MOODIESBURN
7 Nl96/0046/PL ASTON RICHARDS LTD ERECTION OF 12 DWELLINGS SOUTH EAST OF MUIRFIELD ROAD CUMBERNAULD
13 N/96/0122/PL HORIZON HOUSING ERECTION OF RESIDENTIAL ASSOCIATION DEVELOPMENT ARCHWAYS SITE MAIN STREET KILSYTH
16 NI9610157 MERCURY ERECTION OF 22.5 METRE AERIAL TELECOMMUNICATIONS TOWER WITH 6 SECTOR ANTENNAE, 4MICROWAVE DISHES AND EQUIPMENT CABIN ENCLOSED IN A 12 X 8 METRE COMPOUND WITH SECURITY FENCING
20 N/96/0161MD EMPLOYMENT SERVICES ERECTION OF OFFICE BUILDING OFFICE ( JOB CENTRE )
28 NI96/0167/PL SPIERS GUMLEY ERECTION OF TWO DWELLING CHARTERED SURVEYORS ( IN OUTLINE )
32 Nl96/0182/PL MCFARLANE SMITH ERECTION OF 12 DWELLINGS DESIGN GARRELL AVE KILSYTH.
36 Cl961267 MR J REID RE-ROOFING OF TWO FLATTED DWELLING HOUSES
40 Cl961374 MORTGAGE ADVICE CHANGE OF USE FROM SHOP TO OFFICE
44 Cl961406 THE TRUSTEES PROPOSED ERECTION OF VIEWING MANSE PLACE AIRDRIE GALLERY TO BOWLING CLUB CLUBHOUSE
49 S/96/001960UT THE BENEFITS AGENCY RESIDENTIAL DEVELOPMENT 190-196 ALEXANDER STREET WISHAW
54 S/96100353/FUL MOSS HOMES LTD ERECTION OF 53 DWELLINGHOUSES ADAMSON STREET MOSSEND BELLSHILL
65 S/96100362/OUT WIMPEY HOMES RESIDENTIAL DEVELOPMENT BRANCHAL ROAD CAMBUSNETHAN WISHAW
76 SI96100404 SPOOK ERECTION OPERATION OF RETAIL MARKET FOR ONE ADDITIONAL DAY PER WEEK ( SUNDAY) FORMER AUCTION MARKET, LAND TO REAR OF CALEDONIAN ROAD WISHAW.
83 S/96/00416/FuL BOTTERILLS EXTENTION OF OPENING HOURS TO 24 CONVENIENCE STORES HOURS PER DAY INCLUDING HOT FOOD FACILITY, UNITS 5-8 VEWPARK SHOPPING CENTRE ,OLD EDINBURGH ROAD UDDINGSTON
91 S/96100421/FUL ASHLEY VITNERS LTD CHANGE OF USE FROM RETAIL (CLASS 1) TO HOT FOOD TAKE AWAY (CLASS 3) UNIT 1,VIEWPARK SHOPPING CENTRE VIEWPARK. 3
INDEX
PAGE APPLICATION APPLICANT DEVELOPMENT / LOCUS
94 S/96/00442/NL W.H. MALCOLM LTD ALTERATIONS AND EXTENSION TO STORAGE WAREHOUSE, ERECTION OF NEW GATEHOUSE AND FORMATION OF PALLET STORAGE, BODDEN SQUARE, NEWHOUSE INDUSTRIAL ESTATE NEWHOUSE.
97 S/96/00453/0UT DIRECTOR OF HOUSING RESIDENTIAL DEVELOPMENT ( HOUSE PLOTS ) 48/50 LIBERTY ROAD BELLSHILL.
103 S/96/00454/0UT DIRECTOR OF HOUSING RESIDENTIAL DEVELOPMENT ( HOUSE PLOTS ) 27/29 BABYLON ROAD BELLSHILL
109 S/96/00487/FuL ANN MCLARE PART CHANGE OF USE FROM WORKSHOP UNIT TO TEAROOM UNIT 2, MARKET ROAD,VIEWPARK UDDINGSTON
112 S/96/00503/0UT DAVID STEFFERD ERECTION OF DWELLING HOUSE LAND ADJACENT TO NO 3 CHURCH ROAD .BONKLE.
118 S/96/00512/FUL MR WATSON ERECTION OF SHED FOR NON FERROUS METALS AND SPARE PARTS 332 CAMBUSNETHAN STREET,WISHAW.
122 S/96/00516/FuL JAMES RAE ERECTION OF CONSERVATORY, 20 AIRBLES CRESCENT MOTHERWELL
127 S/96/00523iFUL RONNIE MCKEEVER CHANGE OF USE FROM OFFICE TO FITNESS CLUB 114 MANSE ROAD NEWMAINS.
132 SI96/00532/NL WILSON SUMMERS ERECTION OF DWELLINGHOUSE WITH INTEGRAL GARAGE, SITE ADJACENT TO NO 22 MOSSBANK ROAD WISHAW.
138 SI 9600549FUL JOHN BARR STORE BUILDING ADDED TO EXISTING PREMISES,48A CALEDONIAN ROAD WISHAW. 4
Application No: N/96/021 3/PL
Date Registered: 1st. October- 1996
APPLICANT: Mr. W. Bryce
Agent:
DEVELOPMENT: Erection of rear extension
LOCATION: 41 Portreath Road, Moodiesburn
Estimated Cost: Ward No: 68 Grid Reference: NS 6993 7108
File Reference: N/96/02 13/PL
Site History:
Development Plan: Strathkelvin District (Southern Area) Local Plan 1983 Strathkelvin District Local Plan Finalised Draft 1995
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection:
Conditions:
No Reply:
REPRESENTAT1 0 NS :
Neighbours: Mr. S. Ross, 39 Portreath Road, Moodiesburn Section 23:
COMMENTS: The application proposal involves the erection of a rear extension of dimensions 4.0 metres by 6.0 metres, incorporating two bedrooms. The extension incorporates a pitched tiled roof, and the external elevations match the materials used on the existing house.
The letter of representation received contains a number of objections which can be summarised as follows:-
1. Increased shading of rear garden will result.
2. Extension will lead to visual intrusion reducing enjoyment of garden area.
3. The present lack of off-street parking within the property and resultant on-street parking will be exacerbated by the proposal.
4. Roof of extension will shed water into the neighbouring garden increasing risk of flooding and damage to propem.
5. Construction/ 5
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5. Construction of the extension will lead to damage to roughcast on the neighbouring property leading to long term problems. Reference within the letter is also made to an ongoing boundary dispute which is not however a matter over which the Planning Authority have any locus.
In the determining of any planning application the first point of reference is the development plan. In this instance the development control policies of the Southern Area Local Plan states that extensions should be successfully integrated with the existing property and in terms of scale should not dominate the existing building, neighbouring properties or the vicinity.
It is considered that the extension as proposed is consistent with the above policies notwithstanding the representation received. In particular the depth of the extension is not considered to have an unacceptably detrimental impact either on the neighbouring property or garden area. Levels of on-street parking are unlikely to be exacerbated by the addition of two bedrooms to the property.
With regard to the concerns that the extension will lead to flooding of the neighbouring property, the applicant has confirmed that the drainage connections are to be to the public mains not to a soakaway.
Finally, concerns regarding any damage to roughcast on the neighbouring property is a civil legal matter over which the Planning Authority has no locus. However, the applicant has maintained a 150mm gap between the extension and the neighbouring property which should alleviate any concerns.
Whilst all the representations have been carefully considered refusal is not justified.
RECOMMENDATION: That the application be approved subject to the undernoted conditions:-
(11 That the development to which this permission relates must be begun within five years of the date of this permission.
Reason: To comply with Section 38 of the Town and Country Planning (Scotland) Act 1972.
BACKGROUND PAPERS: Letter of representation from Mr. S. Ross dated 8th. October 1996.
Any person wishing to inspect these documents should contact Mr. M. Thomson at 01236-722131 extension 2408.
7
Application No: N/96/0046/PL
Date Registered: 21st. March 1996
APPLICANT: Aston Richards Ltd., 13 Parkfield Court, Parkfield Road, Coleshill
Agent: Design 30, 30 Beechwood Crescent, Amington, Tamworth, Staffordshire S77 3JH
DEVELOPMENT: Erection of 12 dwellings
LOCATION: South East of Muirfield Road, Cumbernauld
Estimated Cost: Ward No: 52 Grid Reference: 7648 7653
File Reference:
Site History: See attached report.
Development Plan: Residential in the Mainhead 6(1) Amendment and Cumbernauld Local Plan.
Contrary to Development Plan:
CONSULTATIONS:
Objection: No Objection: The Coal Authority; West of Scotland Water; East of Scotland Water Conditions: NLC Transportation Manager No Reply:
REPRESENTATIONS:
Neighbours: None following Re-notification on 2nd. May 1996 Section 23:
COMMENTS: This proposal is the culmination of lengthy discussions with the developer to achieve a satisfactory layout on a sloping site adjacent to an established residential area. I recommend that permission is granted subject to the undernoted conditions.
RECOMMENDATION: Grant subject to the following conditions:
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
2. That/ 8
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2. That before development starts, a revised site layout plan shall be submitted to and approved by the planning authority and it shall allow for the following:
the deletion of the footway immediately adjacent to Plot 8. the full specification of the 6m radii at the turning heads. the 12.5m dimension of the turning head being taken from the rear of the footway.
Reason: In the interests of traffic safety at the locus and to ensure satisfactory traffic circulation within the site.
3. That before development starts a detailed structural specification for the culvert of the stream traversing the site shall be submitted to, and approved by the planning authority.
Reason: These details have not been submitted.
4. That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the planning authority.
Reason: To enable the planning authority to consider these aspects in detail.
5. That no electricity transforming, or switching equipment, gas governor, or sewage pumping station, shall be erected on any part of the site without the prior written consent of the planning authority.
Reason: In order to protect the visual amenity of the surrounding area.
6. That the use of the garages hereby approved shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site, and no commercial activity shall be carried out in, or from, the garages.
Reason: In order to safeguard to property itself and the amenity of the surrounding area.
7. That notwithstanding the provision of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the integral garages shall not be used as a habitable rooms, without the prior written consent of the planning authority.
Reason: To ensure the provision of adequate parking facilities within the site.
8. That/ 9
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8. That before the development hereby permitted is completed, or brought into use a two metre wide footway shall be constructed along the full frontage of the site including both turning heads, to the satisfaction of North Lanarkshire Council as roads authority and planning a uth or ity
Reason: In the interest of traffic safety at the locus.
9. That no dwellinghouse shall be occupied until the road and footpath fronting the plot in question has been constructed to basecourse standard and that within six months of the house being occupied, the road and footpath fronting the site shall be constructed to final wearing standard.
Reason: In the interest of traffic safety at the locus and to safeguard the amenity of the surrounding area.
10. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the written consent of the planning authority.
Reason: In order to protect the visual amenity of the surrounding area.
11. That before development starts, a scheme of landscaping, including boundary treatment(s1, shall be submitted to, and approved 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 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; and (d) details of the phasing of these works.
Reason: In order to protect the visual amenity of the surrounding area.
12. That prior to completion of the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of Condition 11 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 development, shall be replaced in the next planting season with others of a similar size and species.
Reason/ 10
Reason: In order to protect the visual amenity of the surrounding area.
13. All retained trees within and adjacent to the application site shall be protected by a satisfactory method to be agreed in writing with the planning authority before any work commences on site. The agreed method of protection, (as set out in BS5837/1980) shall be maintained on site until completion of all works in the vicinity of the trees.
Reason: In the interest of the amenity of the site and the area in general.
14. A Management Maintenance Schedule for the landscaping scheme shall be submitted to and approved by the planning authority prior to the commencement of any works. The landscaping shall be maintained in accordance with the approved Management Schedule to the satisfaction of the Planning Authority.
Reason: In the interest of the amenity of the site and the area in general.
15. That before development starts, details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved by, the planning authority.
Reason: These details have not been submitted.
16. That notwithstanding the generalities of condition 15:- no part of the boundary walls fronting Plots 2 and 3 shall exceed lmin height.
Reason: In the interests of traffic safety at the locus.
17. That before any of the dwellinghouses situated on a site upon which a fence is to be erected are occupied, the fence, or wall, for which the permission of the planning authority has been obtained under the terms of Condition 15 above, shall be erected.
Reason: To safeguard the amenity of future residents.
18. That prior to the commencement of any works on site details of contractors storage/compound areas and construction of any temporary vehicular access to same shall be submitted for the written approval of the planning authority.
Reason: To allow the planning authority to consider these aspects in detail.
Noted 11
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NOTES: 1. Before the start of the development, the developer constructing the road must obtain from the Planning and Development Department, a Construction Consent, granted under the terms of Section 21 of the Roads (Scotland) Act 1984.
2. If building works are to be undertaken before roads are completed the developer must agree a bond, guaranteeing the cost of constructing the roads, with the Planning and Development Department, under the terms of Section 17 of the Roads (Scotland) Act 1984.
3. The applicant should contact the Water Authority so that details of the drainage layout may be approved and the necessary consents obtained in terms of the Sewerage (Scotland) Act 1968.
4. The applicant should contact the Environmental Services Department concerning this proposal in respect of legislation administered by that department which is likely to affect this development.
5. The applicant should consult with Strathclyde Fire brigade concerning this proposal in respect of legislation administered by that body which is likely to affect the development.
6. The applicant should consult with the Construction Services Department, North Lanarkshire Council, as a building warrant may be required for the development.
7. The applicant should contact the Environmental Services Department, North Lanarkshire Council, to arrange for the collection of refuse by "yellow trade refuse sack system". Alternative, arrangements can be made with any other trade refuse collection company.
BACKGROUND PAPE RS : Application form and accompanying plans Mainhead 6(1) Amendment 1985 Cumbernauld Local Plan Letter from the Coal Authority dated 16th. May 1996 Letter from East of Scotland Water dated 24th. June 1996 Letter from West of Scotland Water dated 16th. May 1996.
Any person wishing to inspect these documents should contact Shirley Penman at 01236-7221 31 extension 2407. 12
Application No. N/96/0046/PL
REPORT
1.o Description of Site and ProDosal
1.I. The application site is bounded by Eastfield Road to the south, Muirfield Road to the north and west and Westerwood Golf Course and Hotel to the east. The site extends to approximately 1.22ha (3 acres) and comprises vacant ground which is traversed by a stream and has become overgrown.
1.2 Aston Richards Ltd. propose the erection of 12 dwellings comprising 5x4 bedroomed split level, 5 x 4 bedroomed single story and 2 x 3 bedroom single story dwellings arranged along 2 culs- de-sac accessed from Muirfield Road, Westerwood.
2.0 Backaround
2.1 The site was previously owned by Cumbernauld Development Corporation and forms part of the Westerwood Project Area. Walker Homes obtained development approval in 1991 for 12 serviced residential plots but did not implement the proposal. Ownership of the site was subsequently transferred to the Westerwood Hotel.
2.2. The site was marketed in 1995 by the Westerwood Hotel and Aston Richards Ltd. was selected as the potential developer.
3.0 DeveloDment Plan
3.1 The proposal is in accordance with the terms of the Mainhead 6(1) Amendment 1985 and the Cumbernauld Local Plan, both of which identify the site for residential development.
4.0 Representations and Consultations
4.1 One letter of objection was received from Mrs. Ann Wallace, 43 Muirfield Road, Westerwood. However, the layout was subsequently revised and, following the notification of neighbours on 2nd. May 1995 no letters of objection have been received.
None of the consultees had any objections in principle to the proposed development, namely:
The Local Authority East of Scotland Water West of Scotland Water.
5.0 Plannina Assessment and Conclusions
5.1 The proposal represents a low density, high quality development with innovative elevational treatments on five different house types. Certain aspects of the layout require minor adjustment which could be achieved through the conditions imposed.
On balance, therefore, I welcome this proposal as a significant commitment to development within the Westerwood Area and recommend that permission be granted subject to conditions. 13
Application No: N/96/0122/PL Date Registered: 26th. June 1996 APPLICANT: Horizon Housing Association, 96 East Main Street, Whitburn
Agent: Architectural Design Associates, 68 St. Vincent Crescent, Glasgow DEVELOPMENT: Erection of Residential Development (29 units) LOCATION: Archways Site, Main Street, Kilsyth
Estimated Cost: Ward No: 65 Grid Reference: 7162 7801
File Reference:
Site History: Formerly gas works and small industrial units. Planning application PL/92/187 for a supermarket refused in February 1993 for retail, policy and road safety reasons.
Development Plan: Kilsyth Local Plan 1983; Kilsyth Local Plan (Finalised Draft) 1996.
Article 18 Required:
CONSULTATIONS:
Objection: No Objection: The Coal Authority, East of Scotland Water Conditions: West of Scotland Water No Reply:
REPRESENTATIONS;
Neighbours: Section 23:
COMMENTS: The application is for a residential development of 29 units made up of bungalows for wheelchair users, terraced houses and flats. Most of the units have easy access for disabled persons. With the exception of the bungalows they are intended to be let as mainstream low cost accommodation.
The site is identified in the Kilsyth Local Plan (Finalised Draft) 1996 for housing and as such the development is welcomed. There are a considerable number of main services crossing the site which has limited developable areas. This has led to some slightly awkward and restricted sections of layout.
Negotiations have led to a number of improvements including a more appropriate building fronting Main Street.
There are no objections to this important development and as such it is recommended that permission be granted.
RECOMMENDATION: Grant subject to the following conditions:
1. That the development to which this permission relates must be begun within five years from the date of this permission.
Reason: To comply with Section 38 of the Town and Country Planning (Scotland) Act, 1972. 14
2. That amended plans and elevations of the building fronting onto Main Street shall be submitted for the written approval of the planning authority and no works shall commence on site until these or suitable alternative plans and elevations are approved.
Reason: In the interest of the proper planning of the area.
3. That details of the design and positioning of all walls and fences to be erected on the site shall be submitted for the approval of the planning authority and no works shall commence until these or suitable alternative details are approved in writing.
Reason: In the interest of the proper planning of the area.
4. That samples of the proposed external finishing materials shall be submitted for the written approval of the planning authority and no works shall commence on site until these or suitable alternative samples are approved.
Reason: In the interest of the amenity of the site and the general area.
5. That roads and parking shall be to the satisfaction of North Lanarkshire Council as Roads Authority.
Reason: In the interest of road safety.
6. That any alterations to statutory undertakers apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers and at the expense of the developer.
Reason: To protect the satutory undertakers apparatus.
7. That a detailed landscaping scheme shall be submitted for the written approval of the planning authority prior to the commencement of work on site and that the approved scheme shall be implemented within the first planting season thereafter and subsequently be maintained to the satisfaction of the planning authority.
Reason: In the interest of the amenity of the site and the general area.
LIST OF BACKGROUND PAPERS: Application form and plans. Kilsyth Local Plan 1983 and Kilsyth Local Plan (Finalised Draft) 1996. Consultation responses.
Any person wishing to inspect these documents should contact Martin Dean at 01 236-722131, extension 2310.
16
Application No: N/96/0157/PL
Date Registered: 16th. July 1996
APPLICANT: Mercury Personal Telecommunications Ltd., Imperial Place, s Borehamwood, Herts Agent: Grirnley, 39 Melville Place, Edinburgh . DEVELOPMENT: Erection of a 22.5 metre aerial tower with 6 sector antennae, 4 microwave dishes and equipment. Cabin enclosed in a 12 x 8 metre compound with security fencing.
LO CAT10 N : Glaudhall Farm, Drumcavel Road, Muirhead
Estimated Cost: Ward No: 69 Grid Reference: 6899 6936
File Reference:
Site History:
Development Plan: Designated greenbelt and Tree Preservation Orders within the Strathkelvin District (Southern Area) Local Plan 1983. The designation is maintained within the Strathkelvin District Local Plan (Finalised Draft) 1995.
Article 18 Required: No
CONSULTATIONS:
Objection: No Objection: Conditions: No Reply:
REPRESENTATIONS: 18 Pro-forma letters and individual letters detailed below:
Letter dated 27th. August 1996 from Chryston Community Council Letter dated 28th. August 1996 from Mr. J. Campbell Letter dated 1st. September 1996 from Mr. B. Rose.
Neighbours: Contrary to Development Plan:
COMMENTS: As members will recall, on 4th. September 1996 a report was . submitted to the Committee in respect of the above application. The application was the subject of a number of representations submitted by local residents raising concerns regarding both safety and the visual impact of the aerial from the adjacent Right of Way. In response to these representations, a site visit was subsequently undertaken during which it was decided that an amended position for the aerial and compound should be sought, east of that originally proposed.
In/ 17
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In response to this, negotiations have been undertaken with the applicants in an attempt to address the concerns raised. In this respect, amended plans have now been received showing the aerial and compound relocated approximately 30 metres east of the original position. The amended location is now proposed within a area of woodland. An accurate tree survey from the applicants has indicated that only three trees will require removal, two of which are semi-mature. Supplementary planting will be provided. The aerial is now some 20 metres from the Public Right of Way and the siting should further reduce the visual impact of the structure. It is considered that the amended position satisfactorily meets the objectives set out at the site visit.
It is therefore recommended that permission be granted subject to the undernoted conditions:-
RECOMMENDATION: Grant subject to the following conditions-
(1) That the development to which this permission relates must be begun within five years from the date of this permission.
Reason: To comply with Section 38 of the Town and Country Planning (Scotland) Act 1972.
(2) That prior to commencing work on site a plan shall be submitted in duplicate for the written approval of the planning authority incorporating the undernoted details:
I) an accurate survey of all trees within the site ii) the route of the access road annotated with details of surfacing, means of excavation and construction and the location of any excavated material iii) identification of any trees to be affected by lopping works in connection with the creation of the access road and the scope of works iv) a scheme of tree planting for the area shaded in green on the approved plan which shall list the numbers, varieties and sizes of the trees to be planted.
Reason: In order that the planning authority may retain effective control and to ensure that the wellbeing of the trees is not compromised.
(3) That for the avoidance of doubt no materials shall be stored under the canopies of any trees.
Reason: To protect the wellbeing of the trees.
(4) That all excavation for the access road shall be undertaken by hand.
Reason: To ensure that the surface and anchor roots of the trees are not damaged.
5. That/ 18
(5) That the finished ground level of all land within the canopies of any trees shall be maintained at the level existing prior to work commencing on site.
Reason: To ensure that the wellbeing of the trees is not compromised.
(6) That the tree planting finally approved under Condition 2(iv) above shall be carried out no later than the planting season following the aerial being brought into use.
Reason: In the interest of the amenity of the site and the general area.
BACKGROUND PAPERS: Strathkelvin District (Southern Area) Local Plan 1983 Strathkelvin District Local Plan (Finalised Draft) 1995 Application and plans of 16th. July 1996. Amended plans of 18th. October 1996. Previous report of 4th. September 1996.
Any person wishing to inspect these documents should contact Moray Thomson at 01236-7221 31 extension 2408. I \\ I I 20
c
Application No: N/96/0161/ND
Date Registered: 19th. July 1996
APPLICANT: Employment Services Office, Argyle House, 3 Lady Lawson Street, Edinburgh EH3 9SD
Agent: Holmes Partnership, 89 Minerva Street, Glasgow G3 8LE
DEVELOPMENT: Erection of Office Building (Job Centre)
LOCATION: Vacant site, South Muirhead Road, Cumbernauld
Estimated Cost: Ward No: 53 Grid Reference: NS 7619 7494
File Reference:
Site History: See attached report
Development Plan: Central Area 6(1) Amendment 1994 and Cumbernauld Local Plan
Contrary to Development Plan:
CON SU LTATlONS :
Objection: No Objection: West of Scotland Water, Building Control Manager.
Conditions: East of Scotland Water, Architectural Liaison Officer, Environmental Services, Royal Fine Art Commission.
No Reply:
REPRESENTATIONS:
Neighbours: Eight letters of objection have been received from neighbouring residents. Section 23:
COMMENTS: This proposal follows a previous marketing exercise by Cumbernauld Development Corporation in which the Employment Services Office was the successful bidder. The existing Job Centre is relocating from the Town Centre to this edge of centre location. This represents a significant investment in Cumbernauld.
It should be noted that this is not a Planning Application but is a Courtesy Notice, served in respect of Crown Development, which has been lodged with the Council for information and comment.
Recommendation/
22
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RECOMMENDATION: It is recommended that the Council confirms acceptance of the proposal 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 provision of the Town and Country Planning (Scotland) Act 1972.
2. That before development starts, full details and samples of all facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. Notwithstanding condition 2 above, cast stone shall be extended around the west, north and south sides of the open plan office.
Reason: In the interests of visual amenity.
4. That before development starts, a scheme of landscaping, including boundary treatmentk) shall be submitted to, and approved 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 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 and dl Details of the phasing of these works.
Reason: In order to protect the visual amenity of the surrounding area.
5. That prior to the occupation of the buildings 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 next planting season with others of a similar size and species.
Reason:/ 23
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Reason: In order to protect the visual amenity of the surrounding area.
6. Notwithstanding condition 4 above, the landscaping shall allow for either scheme to be approved by the Planning Authority:
a) The re-siting of the seating area marked yellow on the approved plans or b) The elimination of the seating area from the proposal.
Reason: To allow the Planning Authority to consider this aspect in detail.
7. That the proposed vehicular and pedestrian access and/or egress shall be sited and constructed to the satisfaction of the Planning Authority before use of the premises commences.
Reason: In the interests of traffic safety at the locus.
8. Notwithstanding condition 7 above, no gates, or other obstructions, shall be erected within the first 6m from the kerbline of the road.
Reason: In the interest of traffic safety at the locus.
9. Notwithstanding condition 7 above, the first 5m from the heel of the footway shall be paved across the entire width of the access.
Reason: In the interest of traffic safety at the locus.
10. Notwithstanding condition 7 above, the connection of the road junction/ footway crossing shall be a 7.5m wide dropped kerb footway crossing leading to a 5.5m wide access at the heel of the footway.
Reason: In the interest of traffic safety at the locus.
11. That before development starts details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved by the Planning Authority.
Reason: These details have not been submitted.
12. The before the development hereby permitted is occupied or brought into use, all the fences for which the permission of the Planning Authority has been obtained under condition 11 above shall be erected.
Reason: In order to safeguard the property itself and the amenity of the surrounding area.
13. That/ 24
13. That details of contractors storageicompound areas and construction of any temporary vehicular access to same shall be submitted to, and approved by the Planning Authority, prior to the commencement of work on site.
Reason: To enable the Planning Authority to consider these aspects in detail.
14. That details of any temporary barricades proposed during the works involved shall be submitted to the Planning Authority before the commence of such works and shall thereafter be implemented in the approved manner.
Reason: To enable the Planning Authority to consider these aspects in detail.
15. That the site shall be cleared and maintained in a clean and tidy condition to the satisfaction of the Planning Authority.
Reason: In order to protect the visual amenity of the surrounding area.
ADVISORY NOTES TO APPLICANTS:
1. Before the start of any works affecting the public road, the developer must obtain from the Planning and Development Department, a Road Opening Permit, granted under the terms of Section 56 of the Roads (Scotland) Act 1984.
2. A Building Warrant may be required . For advice the applicant should contact the Building Control Manager, Council Offices, Bron Way, Cumbernauld (01236 7221 31 1
3. The applicant should contact the Environmental Services Department concerning this proposal in respect of legislation administered by that Department which is likely to affect this development.
4. The applicant should contact the Environmental Services Department, North Lanarkshire Council, to arrange for the collection of refuse by "yellow trade refuse sack system". Alternatively, arrangements can be made with any other trade refuse collection company.
5. The applicant should contact the West of Scotland Water Authority so that details of the drainage layout may be approved and the necessary consents obtained in terms of the Sewerage (Scotland) Act 1968. (West of Scotland Water, Righead Industrial Estate, Melford Road, Bellshill ML4 3JU Tel: 01 698 740570).
so 6. The applicant should contact the East of Scotland Water Authority that details of the water ~ supply may be approved and to ascertain if suitable drainage arrangements can be made (East of Scotland Water, Area Office, Meiklehill House, Lammermuir Crescent, Kirkintilloch Tel: 0141 - 5800).
7. The applicant should arrange for the property street number to be displayed on the premises.
8. Any proposed temporary barricades should be fitted with wooden fillets to prevent fly-posting. The barricades should be painted and maintained in good condition for the duration of their use.
Background1 25
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BACKGROUND PAPERS: Application form an accompanying plans Central Area 6(1) Amendment 1994 Cumbernauld Local Plan Letter from West of Scotland Water dated 30th. July 1996 Letter from East of Scotland Water dated 15th. August 996 Letter from Architectural Liaison Officer dated 20th. August 1996 Letter from Royal Fine Art Commission dated 29th. August 1996 Letter from Angus and Anne Pender, IQ Blake Road, Cumbernauld dated 23rd. July 1996 Letter from T.P. McGrath, 1D & E Blake Road dated 23rd. July 1996 Letter from Mr. G. Gibson, 1F Blake Road, Curnbernauld dated 23rd. July 1996 Letter from Mr. & Mrs. W. McLachlan, 1G Blake Road, Cumbernauld dated 23rd. July 1996 Letter from Mr. N. Gibson, 1A Blake Road, Curnbernauld dated 24th. April 1996 Letter from Mr. G. Mulholland, 1L Blake Road, Cumbernauld dated 24th. July 1996.
Any person wishing to inspect these documents should contact Shirley Penman at 01 236-722131 extension 2407. 26
REPORT
1 .o Description of Site and ProDosal.
1.1 The site extends to approximately 0.25 hectares (0.6 acres or thereby) and comprises a vacant site previously occupied by the former Police Station and, latterly, the Candle Centre. The site lies on the North East edge of Cumbernauld Town Centre. It is bounded by the rear gardens of the terrace in Blake Road and open landscaped area to the North, the Post Office sorting office to the East, South Muirhead road to the South and the Beefeater Restaurant overflow car park to the West.
There is a water main within the site which may require to be diverted by the developer.
1.2 The Employment Services Office propose to erect a single storey 'L' shaped building with a floor area of 965 sq.m. Approximately 60% of this floor area is open plan and devoted to the Jobcentre's public display and waiting area. Ancillary accommodation comprises offices, interview rooms, staff rooms and storage areas. The remainder of the site provides 19 parking bays and associated landscaping.
2.0 Backaround.
2.1 The site was previously occupied by the former Police Station and, latterly, the Candle Centre which was involved in drug rehabilitation. The land was purchased recently from Cumbernauld Development Corporation by the Employment Services Office with the sole purpose of erecting a new Jobcentre.
2.2 The Employment Services Office, being a Government Agency, is not required to submit a formal Planning Application but has served the necessary Notice of Intention to Develop for the Council's comments and recommendations.
3.0 Development Plan.
3.1 The proposal is in accordance with the Central Area 6(1) Amendment approved by the Scottish Office in 1994 and the adopted Cumbernauld Local Plan. The 6(1) Amendment identifies the site for non-retail use, while the site lies within an area zoned predominantly for shopping use in the Local Plan.
4.0 Representations and Consultations.
4.1 Eight letters of representations have been received from neighbouring properties. The residents object to the proposal on the grounds of an anticipated increase in antisocial behaviour including noise, litter, loitering and vandalism resulting from the increase in pedestrian and vehicular traffic around the site. In addition, parking problems are envisaged in Blake Road and South Muirhead Road resulting from what the residents consider to be inadequate on site parking. Concern has also been expressed that the proposal will be detrimental to the residential area and will have an adverse effect on the property values and amenity of the area.
4.2 None of the consultees has raised objections to the proposal in principle. However the following recommendations have been made.
4.3 East of Scotland Water has advised that there is a water main within the site. No building should be erected over or interfere with their access to the public main. The main may have to be diverted by the developer.
4.4. The/ 27
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- 4.4 The Police Architectural Liaison Officer has made several suggestions concerning the external and internal security of the proposed building. These include raising the height of fencing on the northern boundary, relocating or removing the seating area proposed to the rear of the building and reducing the height of the existing shrubbery at the front of the building. In addition, a high standard of security lighting around the building and car park has been recommended.
4.5 The Transportation Manager has requested that the access point and gate comply with current road guidelines. He has noted that it may be difficult to manoeuvre into and out of some of the parking bays.
4.6 The Environmental Services Manager has requested that the proposal complies with current standards relating to site activities, construction works, ventilation and water supply to the kitchen areas.
4.7 The Royal Fine Art Commission has suggested that the cast stone detailing on the south elevation should be extended around the west and north sides of the open plan office to strengthen the impact of the building.
5.0 Planninq Assessment and Conclusion.
5.1 The Employment Services Office propose to erect a single storey 'L' shaped building on the vacant site between the Post Office Sorting Office and a car park in South Muirhead Road, Cumbernauld.
The building is to be finished in facing brick with cast stone blockwork on the southern wall, window frames and louvres will be anodised aluminium and the roof comprises aluminium sheeting.
5.2 The proposal has been the subject of protracted discussions with the architect in an effort to achieve an improved design which will enhance the quality of the streetscene. Some of these requirements have been met by the architect. Although the Royal Fine Art Commission has no objections to the proposal, it is considered necessary to impose several conditions to ensure a satisfactory development within the existing streetscene.
5.3 The proposal will undoubtedly increase the amount of pedestrian and vehicular traffic to, from and around the site during the normal office hours operated by the Jobcentre. This is considered to be normal activity for this type of development and is to be expected in a town centre or edge-of-centre location. In view of the above and having regard to the existing office and commercial premises already occupying South Muirhead Road I do not consider this to be an inappropriate land use for the site. These matters were raised by the objectors along with concerns relating to anticipated anti-social behaviour. These latter issues have also been noted but are not considered to be valid planning objections to the proposal.
5.4 The majority of the technical and physical requirements of the consultees are addressed in the conditions attached to the recommendation.
5.5. On balance, I welcome this proposal as yet another significant commitment to the development of the Central Area in Cumbernauld. I recommend acceptance of the proposal subject to the noted conditions. 28
Application No: N/96/0167/PL Date Registered: 30th. July 1996 APPLICANT: Gauld Properties Ltd
Agent: Spiers Gumley Chartered Surveyors DEVELOPMENT: Erection of two dwellings (In Outline)
LOCATION: Auchengeich House, Auchengeich Road, Bridgend, Chryston
Estimated Cost: Ward No: 67 Grid Reference: 6900 7093
File Reference: N/96/0167/PL
Site History: Approval for one dwelling (In Outline) given by Strathkelvin District Council November 1993 - Reference TP/93/367.
Detailed approval for one dwelling given by Strathkelvin District Council 7th. February 1994 - Reference TP/94/4
Development Plan: Southern Area adopted Local Plan (1983) Policy EPRO6 (Area unaffected by specific proposals). Strathkelvin Finalised Draft Local Plan (1996) Policy EP12 (Greenbelt).
Contrary to Development Plan: No
CONSULTATIONS: West of Scotland Water The Coal Authority NLC Landscape Services Manager
Objection: No Objection: Conditions: No Reply:
REPRESENTATIONS: CAMAS UK Ltd., Greystones, Hancote Road, Croft, Leicester Chryston Community Council, 1 Neuk Avenue, Muirhead. Moodiesburn Community Council dated 16th. August 1996 Councillor Charles Gray
Neighbours: Objection letters from: Mr. N.G. Campbell, Auchengeich House, Auchengeich Road, Chryston, Glasgow G69 OJN Mr. C.M. Campbell, 'Burnmill', 3 Auchengeich Road, Chryston, Glasgow G69 OJN
Section 23:
COMMENTS: This is an outline application for the erection of two dwellings within the grounds of Auchengeich House using the existing private vehicular access onto Auchengeich Road.
Auchengeich House is a two storey sandstone dwelling built during the middle of last century. It has subsequently been subdivided into two separate flats on ground and first floor levels.
The/ 29
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The application site is within the grounds of the ground floor flat. This flat is currently being rented out by the applicant.
In August 1993, Strathkelvin District Council granted outline consent for the erection of one dwelling within the grounds of the first floor flat. After detailed consent in 1994 the two storey dwelling known as ‘Burnmill‘ was erected to the east of Auchengeich House.
The application site falls within Policy EPROG of the Strathkelvin District Council adopted Southern Area Local Plan of 1983, which identifies areas unaffected by any specific proposals. in terms of the Strathkelvin District Local Plan Finalised Draft, the site falls within the greenbelt (Policy EPI 2) and the proposal would be contrary to the Local Plan if adopted. However, the proposal is not contrary to the adopted Southern Area Local Plan.
Five letters of objection have been received and the grounds of objection can be summarised as follows:
1. Access/Traffic:
- Increase in vehicular activity on existing access - Conflict between Concrete Works and residents sharing access.
2. Effect on Existing Environment
- Loss of garden area and historical context - Loss of trees and wildlife - Increased burden on existing food and surface drainage
3. Backland Development:
- Previous approval subject to new dwelling not projecting forward of front elevation of Auchengeich House.
4. Contrary to Local Plan
With regard to objections 2 and 3 it is considered that the site can be satisfactorily developed without unacceptable detriment to Auchengeich House, its setting and existing trees. The proposal is not considered to be backland development as Auchengeich House and the dwelling known as ‘Burnmill’ do not front onto either Auchengeich Road or Gartferry Road.
West of Scotland Water have commented that they have no objections to the proposal in terms of water supply, surface and foul drainage.
Objection/ 30
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Objection 4 is not considered to be a valid objection as the proposal is not contrary to the adopted plan. Although the site is within the curtilage of a dwellinghouse it is not covered by Development Control in residential areas policy EPRO7 in the Strathkelvin District Council (Southern Area) Local Plan 1983. The application should therefore be considered on its own merits as outlined in policy EPROG. As previously mentioned, the proposal would be contrary to the Strathkelvin Local Plan Finalised Draft Greenbelt Policy if adopted. However, this Draft Local Plan is currently under review as part of the rationalisation and consolidation of existing Local Plans within the division.
The Transportation Section has recommended that the proposal is refused as it would result in the increased use of an existing access which is sub-standard due to severely restricted visibility caused by existing boundary walls. Objection 1 is therefore considered to be valid due to the sub-standard nature of the existing access. Transportation have stated that this problem could be alleviated with appropriate improvement works to visibility along the access connection with Auchengeich Road.
This access is however outwith the application site and any improvement works works cannot therefore be considered as an amendment to this application.
RECOMMENDATION: Under these circumstances it is therefore recommended that the application be refused for the following reasons:-
1. The proposal would result in the increased vehicular usage of the existing sub-standard access onto Auchengeich Road to the detriment of road safety.
2. That should planning permission be granted for this development a precedent may be set which would make it difficult for the planning authority to refuse other similar applications.
LIST OF BACKGROUND PAPERS: Application forms and drawing No. 1 101/01 dated May 1996 Strathkelvin District Council (Southern Area) Local Plan 1983 Strathkelvin District Local Plan (Finalised Draft) 1995 Consultation responses from Local Plans Section and Transportation Section
Letters of representation from:
Mr. N.G.Campbell dated 5th. August 1996, Auchengeich House Mr. C.M. Campbell dated 6th. August 1996, 'Burnmill' 3 Auchengeich Road Councillor Charles Gray, dated 6th. August 1996, PO Box 14, Civic Centre, Motherwell.
Any person wishing to inspect these documents should contact Paul Williams at 01 236-7221 31, extension 291 2. -
WMENGEI M HOUSE. CHRYSTW. 32
Application No: N/96/0182/PL Date Registered: 15th. August 1996 APPLICANT: Balcastle Construction Ltd., Southbank Works, Auchinstarry, Kilsyth.
Agent: McFarlane Smith Design, 6 Garrell Grove, Kilsyth G65 9PT
DEVELOPMENT Erection of 12 dwellings.
LO CAT10 N : Garrell Avenue, Kilsyth
Estimated Cost: Ward No: 65 Grid Reference: 7186 7044
File Reference:
Site History: Planning Permission CN/77/14 was approved in 1977 and included 14 dwellings on the current application site.
Development Plan: Kilsyth Local Plan 1983: Residentially zoned. Kilsyth Local Plan (Finalised Draft) 1996: New Housing Site.
Contrary to Development Plan:
CONSULTATIONS:
Objection: No Objection: East of Scotland Water, West of Scotland Water, The Coal Authority Conditions: No Reply:
REPRESENTATIONS:
Neighbours: None Section 23:
COMMENTS: The application is for the erection of 12 dwellings at Garrell Avenue, Kilsyth.
In 1977 planning permission was granted for 14 dwellings on the current application site, The site is identified for new housing in the Kilsyth Local Plan (Finalised Draft) 1996.
Satisfactory amendments have been made to the layout to reflect current adoptable road standards.
There are no objections to the housing layout or the designs of the dwellings.
Grant subject to the following conditions:-
RECOMMENDATION: 1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1992.
2. Thatl 33
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2. That before development starts full details of all boundary walls and fences shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the amenity of the site and general
area I
3. That before development starts full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the amenity of the site and general area.
4. That before development starts details of the finish, route and future maintenance of the footpath link between Garrell Avenue and Horsburgh Avenue shall be submitted to and approved by the Planning Authority.
Reason: In the interests of the amenity of the site and general area.
5. That before development starts, a scheme of landscaping, including boundary treatment at Garrell Burn shall be submitted to, and approved 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 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. (c) details of the phasing of these works; and (e) details of trees to be retained.
Reason: In the interest of the amenity of the site and general area.
6. Prior to the occupation of the last dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of planting, approved under the terms of condition 5 above shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 3 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of the amenity of the site and general area.
7. That/ 34
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7. That before development starts amended plans of Plots 9 and 10 designed to overcome the problem of overlooking kitchen windows shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the amenity of the site and general area.
8. That no dwellinghouse shall be occupied until the access road is formed to base course standard; the road, footway, and Garrell Avenue/Parkburn Road junction shall be laid out and finished to full adoptable standard within six months of the final dwelling being occupied.
Reason: In the interests of road safety.
9. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 the conversion of the integral garages to provide residential accommodation shall be the subject of an application for planning permission.
Reason: In the interests of amenity and road safety.
10. That any alterations to statutory undertakers apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers and at the expense of the developer.
Reason: To protect statutory undertakers apparatus.
LIST OF BACKGROUND PAPERS: Application form and plans. Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1996 Consultation responses.
Any person wishing to inspect these documents should contact Martin Dean at 01 236-722131, extension 2310.
36
Application No. 96267 Date registered 14 June 1996 APPLICANT MR J RED, 265 CUMBERNAULD ROAD, CHRYSTON
Agent DEVELOPMENT =-ROOFING OF TWO NO. FLATTJZD DWELLINGHOUSES. LOCUS 9 SUNNYSIDE ROAD,COATBRIDGE.
Estimated Cost &- Ward No. 34 Grid Reference 730865 13
File Reference CTS87 10090000
Site History
Development Plan COM 4 Secondary (Retail) Core Area: ENV 15/1 Conservation Area. Article 18 required
CONSULTATIONS None Required.
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours None Section 25 Yes (Advert date:- 21 June 1996)
COMMENTS The proposal involves the re-roofing of part of a traditionally built terraced row of shops and flats located to the east of Sunnyside Road, Coatbridge. The terraced roof is continuous throughout its length and is covered in natural slate. The applicant intends to replace the natural slate with a Marley Monarch concrete interlocking tile.
It should be noted the property is located within the Blairhll and Dunbeth Conservation Area and the re-roofing proposal would need to accord with the Council's Design Guidance Re-roofing within Conservation Areas. Whilst Marley Monarch tiles are considered to be among the better quality slate replica tiles, in this instance they would not be appropriate and therefore would not accord with the said policy. The applicant's property is located mid-terrace and the proposal (if allowed to proceed) would result in a patchy uneven finish to the detriment of the visual qualitykharacter of the property itself, the remaining terraced row and the surrounding conservation area.
RECOMMENDATION
It is recommended that the application be refused for the reasons attached hereto.
DIRECTOR OF PLANNING AND DEVELOPMENT 17 October 1996~~
RCMO lO//jw/Cttee 37
WUNlCtPAL BUILDINGS , KlLooNANmEET COATBRmGE - Re-roofing of 2 No. flatted Mt53w ' 4. ELIQ12369 441200 dwellinghouses ', i -fN __:.' ' 38
2
List of Background Papers
- Application Forms and Accompanying Plans.
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr C Marshall.
RCMO lO//Jw/Cttee 39 NORTH LmZXRXSHIFtE COUNCIL C/96/267 DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION ON PLANNING APPLICATION
- Applicant : Agent : Mr J REID
265 CUMBERNAULD ROAD CHRYSTON
Nature of Proposal: RE-ROOFING OF 2 NO. FLATTED DWELLINGHOUSES
Site: 9 B, C, D, E SUNNYSIDE ROAD, COATBRIDGE
Recommendation: REFUSE PERMISSION
REASONS :
01. The proposal would be damaging to the visual amenity and character of the property itself, the terraced block to which it is attached and the Blairhill and Dunbeth Conservation Area.
02. The proposal, in view of reason (01) above, would be contrary to the Council's approved design guidance on re-roofing within Conservation Areas.
ADVISORY NOTES: 40
Application No. 96374 Date registered 16/8/96 APPLICANT MORTGAGE ADVICE BUREAU, 10 ROCHDALE PLACE, KIRKINTILLOCH G661HZ
Agent D M Hall & Son, 12 Grampian Court, Livingston, EH54 6QF DEVELOPMENT CHANGE OF USE FROM SHOP TO OFFICE (CLASS 2) LOCUS 5 STIRLING STREET, AIRDFUE
Estimated Cost &- Ward No. 43 Grid Reference 761 1 6540
File Reference LM/Jw/AIS741005
Site History 1. Permission granted 17/8/90 for use of the upper floor of shop as offices and alterations to shop front of ground floor. App. No. 90307.
2. Permission granted 18/1/96 for use of basement as hot foodshop, App. No. 95579.
Development Plan Lies withRetail Core Area of Airdrie Town Centre. The application site lies within the Victoria and Town Centre Conservation Area. Article 18 required
CONSULTATIONS None Required.
0b jection No Objection Conditions No Reply
REPRESENTATIONS None
Neighbours Section 23
COMMENTS This application is for consent for the change of use of the vacant shop unit at 5 Stirling Street to an office. The property has been vacant for approximately three years despite being actively marketed since at least March 1995. The property lies within the retail core area of Airdrie Town Centre where such a change of use is, strictly speaking, contrary to Local Plan policy. The unit is however very small (23 square metres) and has no storage facilities. Permission has been granted for the use of the upper floor as an ofice and for the use of the basement as a hot food take away. The vacant unit was last used as a hairdressers which constituted service rather than retail floorspace. Although the proposal is contrary to policy it would not involve a significant loss of Class 1 retail floorspace. Also in view of its history and the length of time it has been vacant I consider that an exception should be made in this instance. This conclusion is based on the merits of this individual case and should not be seen to prejudice the Council's approved retail policy.
RLMCC006/jw 41
2
RECOMMENDATION
Grant, subject to conditions, see attached sheet.
DIRECTOR OF PLANNING AND DEVELOPMENT 17 October 1996 +
List of Background Papers
- Application form and accompanying plans. - Letter from Agent dated 9/8/96. - Letters from J Trevor and Webster dated 6/8/96 and 4/9/96.
Any person wishing to inspect the above background papers should telephone Coatbridge 812379 and ask for Mrs L McCallum.
RLMCC006/jw IAPPLICATION 4k 96374 .SCALE:
I CENlRALOMSlON I MUNICIPAL EUlLDlNGS NORTH 5 Stirling Street DATE : LANARKSHlRE sm: Airdrie i KllDONAN STREET COATBRIDGE CO U NCI L ML5 3w Use of shop as office (Class 2) I 4 i PROPOSAL: N - ___ ...... -. - .. - - __ _id . , .- . .. ._..__.. .~ , ... . ., ...... 43 NORTH LANA.RKSHIRE COUNCIL C/96/374 DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION ON PLANNING APPLICATION
Applicant: Agent : MORTGAGE ADVICE BUREAU D M HALL & SON * DUNNET & MACK 10 ROCHDALE PLACE 12 GRAMPIAN COURT KIRKINTILLOCH LIVINGSTON
Nature of Proposal: USE OF SHOP AS OFFICE (CLASS 2)
Site: 5 STIRLING STREET, AIRDRIE
Recommendation: GRANT PERMISSION SUBJECT TO CONDITIONS
01. That the development hereby permitted shall be started within 5 years of the date of this permission.
02. That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no alterations shall be made to the external appearance of the building without the prior written consent of the Planning Authority.
REASONS :
01. To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
02. To enable the Planning Author ty to consider ,hese aspects in detail.
02. In order to safeguard the property itself and the amenity of the surrounding area.
ADVISORY NOTES: 44
Application No. 96406 Date registered 5th September, 1996 APPLICANT THE TRUSTEES, MANSE PLACE, AJRDRIE
Agent John S. Angus Associates DEVELOPMENT PROPOSED ERECTION OF VLEWING GALLERY TO BOWLING CLUB CLUBHOUSE LOCUS LOUDON STREET, AIRDRIE
Estimated Cost 2 Ward No. 46 Grid Reference 76036532
File Reference AIL855
Site History P9204 1 Demolition of Bowling Club Pavilion (Conservation Area Consent). This was granted conditional planning consent on 29th June, 1992.
P9 1602 Erection of Food Superstore (2,787 sq. metres net sales area), formation of car park and vehicular access. This development was granted conditional planning consent on 26th June, 1992.
Development Plan TR10, ECON 13/4, COM 6/6, ENV 15/3 Article 18 required -
CONSULTATIONS
Objection None
RlEPRESENTATIONS
Neighbours Although there were no representations from neighbours, the local member for the area, Councillor Peter Sullivan requested that the application be considered by the Committee.
Section 25 Yes (Date of Advert: 13 September, 1996).
COMMENTS Notwithstanding the previous planning history relating to the redevelopment of the site, the current planning application requires to be considered on its own merits.
The Bowling Club pavilion is located within a larger open area currently used as a car park/open market area to the south of Loudon
RCMOO3. SAMCttee/jc I
I! Y
Airdne Won
Car Park
_- NORTH LANARKSHIRE COUNCIL APPLICATION tc: 96406 -,LE : I :& PLANNING & DEVELOPMENT CENTRAL DMSION NORTH Bowling Club MUNICIPAL BUllDlNGS LANARKSHIRE SE.: Manse Place KILDONAN STREET Airdrie COATBRIDGE COUNClL 7 MU31N TEL. (01236) 441200 PROPOSAL : Proposed alterations & extension 4N __ r. .. :;* 1. -. - . - --. ~ -_I_---_------46 2
Street. The pavilion comprises a brick built traditional building with part rendered walls.
The proposal relates to the erection of a small viewing gallery to the south elevation of the existing pavilion, this situated between two feature gable projections.
An existing slate roof overhang would be slightly extended under which the new gallery would be formed and finished in materials to match the existing building.
It is considered that the proposal is acceptable in terms of scale design and materials and meets the requirements of the Council's Design Guidance on Conservation Areas.
RECOMMENDATION: It is recommended that the application be approved subject to the attached conditions.
DIRECTOR OF PLANNING AND DEVELOPMENT 11th October 1996 sq
List of Background Papers
- Application form and plans
Any person wishing to inspect the above background papers should telephone Coatbridge 8 12376 and ask for Mr Marshall.
RCM003.SAMCttee/jc 47 2
RECOMMENDATION Granted subject to conditions (refer to attached sheet).
DIRECTOR OF PLANNING AND DEVELOPMENT 11th October 1996
List of Background Papers
- Application form and plans
Any person wishing to inspect the above backgound papers should telephone Coatbridge 812376 and ask for Mr Marshall.
RCMOO3. SAMCttee/jc NORTH LA.N=SHIRE COUNCIL C/96/406 DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION ON PLANNING APPLICATION
Applicant: Agent : THE TRUSTEES JOHN S ANGUS ASSOCIATES AIRDRIE BOWLING CLUB MANSE PLACE 7 VICTORIA PLACE AIRDRIE AIRDRIE
Nature of Proposal: PROPOSED ERECTION OF VIEWING GALLERY TO BOWLING CLUB CLUBHOUSE
Site: AIRDRIE BOWLING CLUB LOUDON STREET, AIRDRIE
Recommendation: GRANT PERMISSION SUBJECT TO CONDITIONS
01. That the development hereby permitted shall be started within 5 years of the date of this permission.
02. That notwithstanding the submitted drawings the extension shall be externally finished in render whose details shall be approved prior to any development works commencing on site.
03. That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
REASONS :
01. To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
02,03. In order to safeguard the property itself and the amenity of the surrounding area.
02. To enable the Planning Authority to consider these aspects in detail.
ADVISORY NOTES: 49
Application No. Si9610019610UT Date registered 5 September 1996 APPLICANT THE BENEFITS AGENCJ’ Agent Chesterton Consult~t-,g36 Casrie Street, Edinburgh EH2 3HT DEVELOPMENT R ES I DE NTIA L D EVELO F FA ENT LOCATION 190-196 ALEXANDER ST;IEET. V1’ISHAW
Estimated Cost Ward No. 7 Grid Reference
File Reference CP/JM/lO/l6(49)
Site History Existing building previously occupied by Benefits Agency
Development Plan
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection Scottish Power British Gas West of Scotland WatFr Conditions Coal .4uthority No Reply
REPRESENTATIONS
Neighbours Section 23
COMMENTS This outline planning applicatioi-i relates to the demolition of former Government Offices at the corner of Alexander Street and Marshall Street and !I;?use of the site for a residential development. Existing dwellings are situated adjacent to the site on its Southern Boundary VVishaw Sports Grounds lie to the South Wzst ,c;f the site. on the opposite site of Alexander Street. The iocal train Iirie is located approximately 40 metres to the Norrh of the site. No objections have been received in relation to this applicaticn. The site lies within 40 metres of the railway line which ser:’es the local network. However, it is considered that tr:e propased de,;eiopment could be designed and laid oiit in siich a n2:itier as to minimize the impact of noise from the railviayhie. thiis providing a satisfactory standard of resiciei-itiai a’nerity It is tP,us considered that the use of the site fcsc 3 residential development would be acceptable an(! ifi keepii:3 ,.v?l?existiqg land uses in the area.
RECOMMENDATION 50 51
Grant, subject to the following conditions. viz,-
That before development starts a written appiication and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:-
(a) the siting, design and external appearance of all buildings and other structures:
(b) the means of access to the site:
(c) the layout of the site, including ail roads, icoiways, and parking areas;
(d) the details of, and timetable for, the hard and soft landscaping of the site;
(e) the design and location of all boundary waiis aiid fences;
Reason: The approval is in principle on!y
That the development hereby permitted shall be staried, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (1) above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
That the only vehicular access to the site sha!! be taken from Marshall Street, at a point not less than 40 metres from Alexander Street.
Reason: In the interests of public safety.
That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shail 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 ai!oviied to grow, within these sight line areas.
Reason: In the interests of public safety
That a visibility splay of 9 metres by 90 metres, ineasured from the road channel, shall be provided to the left at the junction of ~.larshallStreet with Alexander Street and before the development hereby permitted IS completed. or brought into use, 52
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. 1 Reason: In the interests of public safety. . That before the development hereby permitted is completed, or brought into use, the existing vehicular access to the application site, marked X on the approved plans, shall be closed off and the ground, within the area formerly occupied by the access, shall, thereafter, be reinstated as a public footway.
Reason: In the interests of public safety.
That the layout and design of the proposed development shall minimise the impact of noise from the railway line, on the proposed dwellings.
Reason: In the interests of residential amenity.
That no building within the site shall exceed a maximum of 3 stories, on the frontage of Alexander Street and a maximum of 2 stories, elsewhere within the site.
Reason: In the interests of amneity.
That before the development starts, a certificate from a recognised firm of chartered engineers, shall be submitted to the Planning Authority confirming the mineral stability of the site.
Reason: To ensure the mineral stability of the area.
NOTES
(1) Before the start of any works affecting the public road the developer must obtain, from North Lanarkshire Council's Divisional Manager (South) a Road Opening Permit, granted under the terms of S56 of the Roads (Scotland) Act 1984.
(2) The applicant should contact The West Of Scotland Water Authority, Clyde East District, Melford Road, Righead Industrial Estate, Bellshill ML4 3JU so that details of the drainage layout may be approved and the necessary consents obtained in terms of the Sewerage (Scotland) Act 1968.
(3) Mining has taken place beneath this site at shallow depths and The Coal Authority consider it would be inadvisable to develop the land without seeking appropriate technical advice. If you want to do site investigations or treat any shafts, adits or shallow mineworkings you must contact:- Mr. G. Offen, Head of Mining Reports, The Coal Authority, Mining Reports Office, Ashby Road, Stanhope Bretby, Burton-on-Trent, Staffordshire, DE15 OQD (Tel: 01283 550606). 53
List of Background Papers
Application form and plans received 5/9/96 Finalised Wishaw Local Plan Consultative Draft of Motherwell District Local Plan Letter from West of Scotland Water received 23/9/96 Letter from The Coal Authority received 21/9/96 Letter from British Gas Transco received 23/9/96 Letter from Scottish Power received 23/9/96
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 261 and ask for Mrs Parkes. 54
Application No. S/96/00353/FUL Date registered 28th June 1996 APPLICANT MOSS HOMES LTD & BRITISH RAILWAYS BOARD Agent Alan C Daly & Partners, 25 Bothwell Road, Hamilton DEVELOPMENT ERECTION OF 53 DWELLINGHOUSES LOCATION ADAMSON STREET, MOSSEND, BELLSHILL
Estimated Cost Ward No. 28 Grid Reference 274590660200
File Reference W LS/UW/7/69lS
Site History Previous application, 1995, to remove part of embankment approved by Planning Committee in September 1996, but withdrawn before bond completed and so consent never issued.
Development Plan Area of No Significant Land Use Change.
Contrary to Dev. Plan Yes
CONSULTATIONS
Objection No Objection West of Scotland Water, The Coal Authority Conditions British Gas Transco, First Engineering, Health and Safety Executive, Environmental Services, NLC Leisure No Reply
REPRESENTATIONS
Neighbours Two objections received Section 23
COMMENTS This proposal seeks permission to erect 53 houses on a previously undeveloped site to the south of Adamson Street, Mossend. The site is presently enclosed by two railway embankments, one still operational the other defunct, and it is proposed to remove the disused embankment; access to the site would be from Adamson Street. Detailed discussions on . the layout have resulted in the number of houses proposed being reduced from 72 to the present figure, and I am generally satisfied that a satisfactory layout has been achieved.
Two objections from Adamson Street residents were received and are discussed in greater detail in the accompanying report.
RECOMMENDATION Grant, subject to the following conditions, viz- 55 56
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 1972.
That, notwithstanding the terms of conditions (1) above and (3) and (4) below, no development shall commence until all of the following matters have been complied with, viz: asite history, and a full report of a gas spike survey, to test for methane within the site, shall be submitted to, and approved by, the planning authority and any required remedial measures undertaken in full.
Reason: In the interests of public safety and to ensure that the site is free from landfill gas.
(3) That, notwithstanding the terms of conditions (1) and (2) above and (4) below, no development shall commence until all of the following matters have been complied with, viz: a rail noise survey, using the new rail noise prediction method and based upon rail movements over the next 15 years, together with a report on vibration levels, shall be submitted to, and approved by, the planning authority, and any required changes to the site layout and building specification arising from these studies shall be made.
Reason: To safeguard the amenity of future residents.
(4) That, notwithstanding the terms of conditions (I),(2) and (3) above, no development shall commence until all of the following matters have been complied with, viz: proposals for improvements to the Adamson StreeVMain Street junction shall be submitted to, and approved by, the Planning Authority and thereafter shall be carried out in full at the developets expense.
Reason: In the interests of road safety.
(5) That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
(6) That before development 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 by, the Planning Authonty.
Reason: These details have not been submitted.
(7) That before any of the dwellinghouses shaded YELLOW on the approved plans are occupied, a 1.8 metre high screen fence shall be erected along the boundary marked YELLOW on the approved plans.
Reason: To safeguard the amenity of future residents. 57
(8) That before any of the dwellinghouses shaded PURPLE on the approved plans are occupied, a 1.8 metre high close boarded screen fence shall be erected along the boundary marked PURPLE on the approved plans.
Reason: To safeguard the amenity of future residents
(9) That before any of the dwellinghouses shaded BROWN on the approved plans are occupied, a 1.8 metre high wall shall be erected along the boundary marked BROWN on the approved plans and, prior to the wall being erected, samples of the facing materials to be used shall be submitted to, and approved by, the Planning Authority.
Reason: To safeguard the amenity of future residents.
(1 0) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse and the adjoining road, with the exception of a 0.5 metre high facing brick, or roughcast wall built to match the facing brick, or roughcast, on the existing house; and before development starts, samples of the facing materials to be used on the wall shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the visual amenity of the area.
(1 1) That the typical cross sections in the vicinity of the former railway embankment shall conform to those shown on plan P/M11/02.
Reason: To safeguard the amenity of future residents.
(12) That a positive drainage system shall be installed at the foot of the embankments in the vicinity of plots 1 - 4 inclusive and 39 - 45 inclusive.
Reason: To ensure satisfactory drainage where gardens are located in close proximity to embankments.
(13) That before development starts, a scheme of landscaping shall be submitted to, and approved by, the Planning Authority and it shall include:-
1 details of any earth moulding and hard landscaping , grass seeding and turfing; 2 a scheme of tree and shrub planting, incorporating details of the number, variety and size of trees and shrubs to be planted.; 3 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, and 4 details of the phasing of these works.
Reason: In the interests of the visual amenity of the area.
(14) That prior to the occupation of the last 20 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms 58
of condition (13) above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 5 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species.
Reason: In the interests of amenity.
That no electricity transforming, or switching equipment, gas governor, or sewage pumping station, shall be erected on any part of the site without the prior written consent of the Planning Authority.
Reason: In the interests of the visual amenity of the area.
That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any integral garage shall not be used as a habitable room, without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plot.
That no fences, or walls, shall be erected and no trees, or shrubs, shall be planted within the 2 metre wide public utility strip hatched ORANGE on the approved plans.
Reason: To ensure adequate access to the services contained in the public utility strip.
That before the dwellinghouses hereby permitted are occupied, dropped kerbs vehicular accesses shall be constructed, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.
Reason: In the interests of public safety.
That before the dwellinghouses hereby permitted are occupied, private vehicular accesses, or driveways, of at least 10 metres in length, shall be provided and the first 2 metres of these accesses, beyond the limit of the adjoining road, shall be paved, across its full width.
Reason: To prevent deleterious material being carried onto the road.
That any garage, or car port, erected within the curtilage of the site, shall be at least 6 metres from the heel of the footway.
Reason: In the interests of public safety.
That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course level.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings. 59
(22) That engineering operations on the site, relating to the removal and re-grading of the embankment, and any resultant off site vehicle movements shall take place only between the hours of 8.30 am and 4.30 pm, Monday to Friday.
Reason: In the interests of amenity.
(23) That at all times during the removal of the embankment, and any subsequent works on site, the vehicular access to Nos. 19 and 21 Adamson Street shall be kept clear.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
(24) That, before any operations commence on site, details of proposed site fencing and the location of any site compounds and/or vehicle storage areas shall be submitted to and approved by the Planning Authority.
Reason: In the interests of the amenity of the adjoining residential area and to enable the Planning Authority to retain effective control.
(25) That, before any operations commence on site, details of wheel cleaning facilities to be used shall be submitted to and approved by the Planning Authority, and that any operations which involve the emergence of vehicles from the site shall not commence until such approved wheel cleaning facilities are operational.
Reason: To prevent deleterious material being carried onto the road.
(26) That all of the material currently forming the embankment to be removed shall be taken off site, and shall not be spread or relocated within the application site.
Reason: To ensure the site is free of contamination.
(27) That not withstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no extensions to the rear of houses on plots 45-50 (inclusive) and 53 shall be built without the prior consent of the Planning Authority.
Reason: In the interests of amenity of public safety and to ensure compliance with the requirements of the Health & Safety Executive, in relation to the High Pressure Gas Main.
NOTES
(11 This application was advertised in terms of the Town and Country Planning (Development Contrary to Development Plans) (Scotland) (No. 2) Direction 1994, and notification carried out in terms of Article 9 (1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. Two representations were received. 60
The applicant has agreed to enter into a legal agreement in respect of provision of off-site play facilities. The planning consent should not be issued until these matters have been concluded.
(3) Before the start of the development the developer constructing the road must obtain, from North Lanarkshire Council's Divisional Transportation Manager, a Construction Consent, granted under the terms of Section 21 of the Roads (Scotland) Act 1984.
(4) If building works are to be undertaken before roads are completed the developer must agree a bond, guaranteeing the cost of constructing the roads, with North Lanarkshire Council's Divisional Transportation Manager under the terms of Section 17 of the Roads (Scotland) Act 1984.
The Coal Authority have indicated that shafts and/or adits are situated under or close to this site. No development should take place over or near any shaft or adit. The developer must contact:-
Mr. G. Offen, Head of Mining Reports, The Coal Authority, Mining Reports Office, Ashby Road, Stanhope Bretby, Burton-on-Trent, Staffordshire, DE15 OQD (Tel: 01283 550606) so that a thorough investigation of the position can be made. The above office can also supply you with a plan showing the approximate position of the shafts and/or adits. A charge will be made for this service.
List of Background Papers
Application form and plans fax dated 14/10/96 from Alan C Daly & Partners Bellshill & Mossend Local Plan Draft Motherwell District Local Plan Letter (undated) from British Gas Transco Letter dated 22/7/96 from First Engineering Letter dated 22/7/96 from West of Scotland Water Letter dated 23/7/96 from The Coal Authority Letter dated 24/7/96 from HSE Letter dated 31/7/96 from West of Scotland Water Letter dated 13/8/96 from HSE Memo dated 27/8/96 from Environmental Services Letter dated 20/9/96 from First Engineering Fax dated 1/10/96 from NLC Leisure Letter dated 26/9/96 from HSE Letter dated 8/7/96 from W Arthur Letter dated 15/7/96 from R McKeown 61
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 248 and ask for Les Stevenson. 62
APPLICATION NO. S/96/00353/FUL
REPORT
1. PROPOSAL AND SITE
1.1 This is a detailed planning application for the erection of a 53 house development on a 2.6 hectare (6.4 acre) site at Adamson Street, Mossend. The proposals involve 24 three bed semis, and 29 three bed detached houses grouped along an access road and two short culs-de-sac. A large area of public open space is also proposed, and although there is no play area proposed within the development the applicants have offered to provide additional play facilities in the adjacent park.
1.2 The site is roughly triangular in shape located between two railway embankments, one of which has been disused for many years; it is proposed to remove this embankment to provide access via Adamson Street, and to open up the northern boundary of the site which abuts onto houses and the King George V park. The Hamilton Circle/Glasgow-Shotts-Edinburgh rail line runs along the embankment to the south.
1.3 The site is allocated on the adopted Bellshill and Mossend Local Plan as being within an Area of No Significant Land Use Change. The Draft Motherwell District Local Plan makes no specific reference to this site. The land has previously been used for grazing, but has lain fallow for a number of years; a planning application to form a temporary access, from Adamson Street, to enable site investigation to take place was approved by Motherwell District's Planning Committee in September 1995: but was withdrawn before a required band was provided and so the planning consent was never issued.
2. CONSULTATIONS AND OBJECTIONS RECEIVED
2.1 British Gas Transco noted that there were two gas pipelines running through the site, a 9" Medium Pressure Pipeline and a 10" High Pressure Transmission Pipeline, with stand-off distances either side of 5 metres and 31 metres respectively.
2.2 Health and Safety Executive required that no houses should be located within 60 metres of the high pressure pipeline.
2.3 First Engineering, operators of the railway line, had no objections provided adequate security fencing was erected.
2.4 West of Scotland Water had no objections to the proposal.
2.5 Environmental Services recommended that a rail noise survey and a vibration report be submitted, in addition to a study on a history of past usage to identify any past contaminative uses.
2.6 The Coal Authority had no objections to the proposal, but noted that there was a mine shaft in the vicinity of the site. 63
2.7 NLC Leisure had no objections, and were agreeable to the applicants' suggestion of a contribution towards the upgrading of play facilities in the park.
2.8 Neighbour notification was carried out, and the proposal was advertised under the Development Contrary to Development Plans procedure. Two objections were received from residents of houses, which are adjacent to the proposed access point. The first objection raised matters such as noise and additional traffic which would result from the proposed development. The second objection related to road safety, particularly how children playing in the street will be affected by increased traffic; inconvenience and safety problems arising from extra traffic on a road which is used by residents for parking, and noise and pollution which could occur during the course of the development.
3. PRINCIPAL PLANNING ISSUES
3.1 Various issues relating to roads arose during the consideration of this application, and various adjustments to the layout have been made which have resolved most of these. One particular matter, however, related to the provision of turning circles in the short culs-de-sac as preferred by the Roads Guidelines; while I understand the desire of the guidelines to avoid reversing movements in such locations, in this case I believe that the overall layout and form of the development would not be helped by turning circles in the culs-de-sac. From a planning viewpoint, therefore, 1 am prepared to accept hammerheads in this development. One outstanding matter relates to the need to improve visibility at the junction of Adamson Street and Main Street, and the applicants have indicated that, in principle, they would be prepared to carry this out.
3.2 It should be noted that this development has been designed using the general criteria laid down in the 1986 Guidelines, and so does not contain traffic calming measures. The application was received in June, at which time the 1986 Guidelines were in use, and so detailed discussions with the applicants took place on that basis; since then, my Department has agreed to base consideration of new proposals on Guidelines which include traffic calming, but I did not consider it reasonable to require the applicants to change the layout to reflect this more recent guidance at such a late stage in negotiations.
3.3 Some outstanding details remain to be assessed, particularly with regard to noise and vibration caused by nearby rail traffic, and the need to confirm that there is no gas problem within the site. These investigations are currently underway, and while it is not anticipated that there will be any such problems I would propose to impose suspensive conditions on the consent: which means that the permission would not take effect until these matters have been resolved satisfactorily.
3.4 The issue of the safety distances from the gas pipelines has been addressed by changes to the layout of the development.
3.5 Detailed consideration must be given to the objections received, and my comments on the various matters raised are as follows:-
a) Increased noise and traffic: it is true that: by opening up the embankment and developing 53 houses on the site, there will be additional traffic using 64
Adamson Street and that this will be most noticeable to those residents at the southern end of the existing cul-de-sac. However, Adamson Street is a relatively wide public road, and should be capable of taking the additional traffic, while noise from the vehicles generated by 53 houses should not be excessive.
(b) Children's safety: As noted above, there will be increased traffic, but Adamson Street is suitable to take this. Children playing on the road should not be encouraged in any case, and I do not consider that this objection could be grounds for refusing consent.
(c) Parking problems: On-street car parking does occur on Adamson Street, but the extent of this and the width of the roadway mean that it is not likely to affect the traffic flow significantly. Of course, if any obstruction should occur this would be a matter which could be addressed by the police.
(d) Noise and pollution: inevitably, the removal of the embankment will result in some disturbance, but this can be controlled by restricting the hours of operation and ensuring that the site compound is appropriately located and that wheel cleaning facilities are used. Dust etc. can be controlled by Environmental Health legislation.
4. CONCLUSIONS
4.1 This proposal will provide a useful addition to the local supply of housing land and although there are some local concerns, I am satisfied that the development can be successfully completed with minimal local disruption. Controls will be required on the removal of the embankment, and further improvements may be required at Main street, but these can be dealt with by means of planning conditions. The applicants' contribution to the local play facilities will: however, require a separate legal agreement.
4.2 I therefore recommend that consent be granted. 65
Application No. S/96/00362/OUT Date registered 27June1996 APPLICANT WIMPEY HOMES HOLDINGS LTD, KIRKINTILLOCH ROAD, BISHOPBRIGGS, GLASGOW G64 2PS Agent DEVELOPMENT RESIDENTIAL DEVELOPMENT LOCATION BRANCHAL ROAD, CAMBUSNETHAN, WISHAW
Estimated Cost Ward No. 9 Grid Reference
File Reference CP/JM/3/73(261)
Site History
Development Plan Green Belt
Contrary to Dev. Plan Yes
CONSULTATIONS
Objection Central Scotland Countryside Trust NLC Education Department No Objection West of Scotland Water (Water)
Conditions West of Scotland Water (Sewerage) The Coal Authority NLC Leisure Services (Head of Parks & Amenity) No Reply Community Council
REPRESENTATIONS
Neighbows 96 Letters of objection Section 23
COMMENTS This outline application relates to the use of approximately 25 hectares of land within the designated Greenbelt, for residential purposes. The site lies to the North and East of Cambusnethan in Wishaw and is currently occupied by pasture land and areas of peripheral woodland. The site is bounded by existing residential developments to the South and West. The land to the North of the site has been designated as aSite of Interest for Nature Conservation. The main point of vehicular access to the site would be from a roundabout on Branchal Road, with a possible secondary access point, leading from a traffic controlled junction on Cambusnethan Street. It is estimated that the site would be capable of accommodating between 500-700 dwellings. Observations on the details of consultation responses and numerous letters of objection in relation to this application, are contained in the accompanying report, along with my 99 67
observations on the planning merits of the proposed development.
RECOMMENDATION
Refuse, on the following grounds, viz:-
(1) That the proposed use of this land for residential development would be contrary to the policies of the Finalised Wishaw Local Plan and the Consultative Draft of the Motherwell District Local Plan, in which the land is zoned as Greenbelt.
(2) The proposed use of this land for residential development would be contrary to Structure Plan Policy RES 2, which seeks to direct new residential development to infill or redevelopment Sites , within urban areas, in preference to sites in the Greenbelt.
(3) The proposed development would be detrimental to road safety in that it could lead to a large scale increase in the volume of traffic in the area, which could overcapacitate the existing junction at Branchal Road with Cambusnethan Street.
(4) The proposed development would be contrary to policy ENVl2 of the Consultative Draft of the Motherwell District Local Plan, which seeks to protect areas of importance for Wildlife Conservation.
(5) The proposed development due to its scale may have an impact on education facilities to the detriment of the well-being of future residents within the area.
NOTES
(1) This application was advertised in terms of the Town and Country Planning (Development Contrary to Development Plans) (Scotland) (No. 2) Direction 1994. Ninety Six letters of objection were received.
(2) If granted this application will require to be referred to the Secretary of State in accordance with the Town and Country planning (Notification of Applications) (Scotland) Direction 1988.
List of Background Papers
Application and plans received 27/6/96 Supplementary plans received 26/7/96 Letter from applicant received 811 0196 Finalised Wishaw Local Plan 68
Consultative Draft of Motherwell District Wide Local Plan Letter received from West of Scotland Water 12/8/96 Letter received from Director of Education, North Lanarkshire Council 9/8/96 Letter received from The Coal Authority 21/8/96 Memo received from Head of Parks & Amenity, North Lanarkshire Council 18/8/96 Leisure Services Department Letter from James Daly received 27/8/96 Letter from Mr & Mrs G Williams received 27/8/96 Letter from Mr & Mrs A Clark received 27/8/96 Letter from Mr M. McKay received 20/8/96 Letter from Mr W. Park received 30/8/96 Letter from Mr M. McDonald received 27/8/96 Letter from Mr J. Christie received 27/8/96 Letter from Mr G. Hegarty received 27/8/96 Letter from Helen McQuade received 27/8/96 Letter from Mr. I. Price received 27/8/96 Letter from Anthony Paterson received 27/8/96 Letter from J & A E Stevenson received 27/8/96 Letter from Mr J. Carsewell received 27/8/96 Letter from Mrs lrene Hunter received 27/8/96 Letter from Mrs E Hughs received 27/8/96 Letter from J. Finlayson received 27/8/96 Letter from Linda Johnston received 27/8/96 Letter from Amanda Lockhart received 27/8/96 Letter from Helen Shearer received 27/8/96 Letter from Donald Morrison received 27/8/96 Letter from Mr & Mrs McAleer received 27/8/96 Letter from Jamie Rodgers received 27/8/96 Letter from Stephen Smith received 27/8/96 Letter from Alan Dick received 27/8/96 Letter from Mr D. Adie received 27/8/96 Letter from Mr & Mrs Collins received 27/8/96 Letter from Mr & Mrs McWhinnie received 27/8/96 Letter from Mr J. Waddell received 27/8/96 Letter from Mr I. Rhinds received 27/8/96 Letter from Mr R. McLaren received 27/8/96 Letter from Mr T. Murphy received 27/8/96 Letter from Mr & Mrs J. Clark received 27/8/96 Letter from Mr Richard Ronnie received 27/8/96 Letter from Mr & Mrs Reynolds received 27/8/96 Letter from Mr & Mrs K Wilson received 27/8/96 Letter from Mr & Mrs Smith received 27/8/96 Letter from M. B. McNally received 27/8/96 Letter from Mr & Mrs A. Ruthven received 27/8/96 Letter from C. M. Davie received 28/8/96 Letter from Mr J. Redfem received 27/8/96 Letter from Mr Glen Scolley received 27/8/96 Letter from Mr Mohammed received 27/8/96 Letter from Miss Dane received 27/8/96 Letter from Mr & Mrs I. Fraser received 27/8/96 Letter from Miss E. Quigley & Mr C. McCafferty received 27/8/96 Letter from Mr A & Mr J. Martin received 27/8/96 69
Letter from R. M. Scott received 27/8/96 Letter from Valerie Marshall received 27/8/96 Letter from A. Wilson received 27/8/96 Letter from Mr & Mrs Wilkie received 27/8/96 Letter from Mark Aston received 27/8/96 Letter from Mr & Mrs Johnston received 27/8/96 Letter from Mr & Mrs W Cogan received 27/8/96 Letter from Mr Mathieson received 27/8/96 Letter from Kenneth Marrs & Julia Strang received 27/8/96 Letter from Mark Aiton received 27/8/96 Letter from Lesley Mitchell received 27/8/96 Letter from Mr & Mrs Kennedy received 27/8/96 Letter from Jean Walker received 27/8/96 Letter from Hugh Cairns received 27/8/96 Letter from Linda Fowler received 27/8/96 Letter from Jim Poole received 27/8/97 Letter from Mr & Mrs Sin received 27/8/96 Letter from Mr & Mrs Riley received 27/8/96 Letter from Mr Hazlet received 27/8/96 Letter from Mr J. Fair received 27/8/96 Letter from Mr J. Johnston received 27/8/96 Letter from Audrey Goodwin received 27/8/96 Letter from Elaine Millar received 26/8/96 Letter from W. Watson received 22/8/96 Letter from Mrs E. J. Clements received 15/7/96 Letter from Eleanor Watson received 17/9/96 Letter from George Young received 12/7/96 Letter from J. Andrew received 9/7/96 Letter from Mrs C. A. Williamson received 10/7/96 Letter from Roberta Gold received 10/7/96 Letter from Alan Wilson received 9/7/96 Letter from A. B. Littlejohn received 5/7/96 & 20/8/96 Letter from T. Mclvor received 5/7/96 Letter from E. H. Hay received 8/7/96 Letter from Alexander & Jane Low received 5/7/96 & 6/9/96 Letter from Mrs Clare Boyle received 3/7/96 Letter from Mr & Mrs Dalgleish received 4/7/96 Letter from Alex Davidson received 5/7/96 Letter from A & M Eadie received 6/7/96 Letter from Gordon Govan received 10/7/96 Letter from Marion Dempster received 7/7/96 Letter from Mrs A Lawson received 5/7/96 Letter from Mr L M Taylor received 28/6/96 Letter from Mr 8 Mrs Mawer received 17/6/96 Letter from Mr & Mrs H Lawrie received 18/7/96 Letter from Mrs Millar received 27/7/96 Letter from Mr J. Bailley received 31/7/96
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 261 and ask for Mrs Parkes. 70
A PPLlCAT10 N NO S/96/00362/OUT
REPORT
1.O APPLICATION SITE AND PROPOSALS
1.1 This 25 hectare site lies within the Greenbelt, to the North and East of the Cambusnethan area of Wishaw. The site is currently occupied by rough grassland with peripheral areas of woodland.
The site is bounded by existing residential areas to the South and West. Land to the North and West of the site has been designated as a Site of Importance for Nature Conservation. A portion of the land within the North Eastern Section of the application site is included within the boundaries of the S.I.N.C.
1.2 This Outline Application relates to the development of this greenfield site for residential purposes. It is estimated that the site would be capable of accommodating approximately 500-700 dwellings. The proposed main vehicular access to the site would be from a roundabout on Branchal Road, with a possible secondary access, leading from a roundabout on Cambusnethan Street. A proposed pedestrian link and possible emergency access route may also be provided from Rankin Road. A landscaped strip would be provided between the existing residential areas and the proposed development and between each of the six proposed 'neighbourhood areas', within the development scheme. One childrens play area is also indicated on the submitted plans.
2.0 CONSULTATIONS
2.1 West of Scotland Water has no objections to the proposed development, although it advises that the layout of the proposed development could be constrained by the presence of existing sewerage pipelines which traverse the site.
2.2 The Coal Authority advises that the site is located within the likely zone of influence from five seams of coal, at shallow to approximately 100 metres in depth, the last working date being 1945. There are 6 mine entries situated within the site's boundaries and in view of mining circumstances, a prudent developer should seek appropriate technical advice, before any works are undertaken on site.
2.3 The Director of Education at North Lanarkshire Council, comments that the existing schools could accommodate a maximum of 400 new dwellings in this area. in the event that the total number exceeds 400, the Department would object to the proposal, on the grounds that there would be insufficient spaces available within existing schools to serve this size of development. The existing school catchment areas would require rezoning and substantial use of bus facilities would be required, in order to serve the additional number of resulting households.
2.4 The Head of Parks and Amenity at North Lanarkshire Council Leisure Services Department, comments as follows:-
1) The site lies immediately to the South and East of areas of wetland and woodland known as Branchal Moss and Branchal Plantation, respectively. These combined areas have been designated as a S.I.N.C. (Site of 71
Importance for Nature Conservation). The ecologically vulnerable site . provides a locally and naturally important habitat for a wide range of wildlife species.
2) The proposed development would destroy this area of wetland habitat located within the application site and would affect the hydrology of the remainder of Branchal Moss, which is linked to the application site, in terms of its drainage.
3) Rights of way which pass through this area, would be significantly altered or removed. In view of the above, the following recommendations are offered in respect of this application.
a) The hydrological implications of developments on this site should be investigated to ensure that there would be no adverse effect on the moss habitat. b) A buffer zone, including the area of mossland within the application site, should be retained along the south side of the track, to decrease pressure on the SINC. c) The rights of way should be retained or alternative routes should be found. d) The Area of Scientific Interest under the applicant's ownership, to the North of this site, should be handed over to North Lanarkshire Council, to provide for its management for nature conservation, in conjunction with the remainder of the SINC, which already falls within the Council's Ownership.
3.0 REPRESENTATIONS
3.1 Letters of objection were received from 96 neighbouring residents, in relation to this proposal. The main grounds of Objection are as follows:-
1) The amount of traffic generated by the development would cause the overloading of the existing road network, to the detriment of public safety. 2) There would be insufficient capacity within the existing schools in the area, to serve a development on this scale. 3) The existing water and sewerage systems are already close to capacity, in this area and would be unable to serve this scale of development. 4) The area is poorly served in terms of local amenities, such as shopping and leisure facilities and would therefore be unsuitable for the siting of another large scale residential development. 5) The proposal would be contrary to national, regional and local planning guidance, in that it would result in the loss of a substantial area of Greenbelt. This area of Greenbelt serves as an important buffer zone between the built up areas of Cambusnethan and Newmains. 6) The site includes a large section of marshland adjacent to Branchal Road, which serves as an important habitat for local wildlife. The proposal would consequently destroy the complex ecosystem which exists on this part of the site and would damage the viability of the remaining area of mossland to the North the application site. 7) The proposed development of this substantial greenfield site could prejudice the development of approved brownfield sites and as a consequence would be harmful to the process of urban generation, which is being pursued by the Council. 72
The location of the proposed residential development, on the periphery of the existing settlement, would be energy inefficient in terms of the resulting land use pattern. The proposal would therefore be contrary to the aims of sustainable development currently being promoted by the Council, through the Local Plan. The proposed development would be detrimental to the amenity of existing residents in the area, as it would result in overshadowing, loss of outlook, and privacy and an increase in levels of noise and disturbance and consequent fall in property values, in the locality. One neighbouring resident has also objected to the proposed development, on the grounds that the required construction works would result in an unacceptable level of disturbance, for a protracted period, throughout the locality. One objector has raised the possibility that the site may be prone to subsidence, owing to the presence of old mine workings within the area. The owner of Branchal Farm has written to advise that the access road to his farm is on Branchal Road and cannot be obstructed at any time.
3.2 I should also advise that objections were initially received from a number of neighbours on the grounds that the original plan which formed the basis of this application was of poor quality, being out of date and providing insufficient information. I would confirm however, that the developer has since provided a more detailed plan, and has renotified neighbours of this submission.
3.3 Residents of the Birchmeadows estate have also objected to the proposal, on the grounds that the applicant should have notified them directly, as joint owners of communal open space, which falls within the site's boundaries. I should advise however, that I have received further confirmation from Wimpey Homes, that they are the sole owners of all land falling within the application site.
4.0 PLANNING OBSERVATIONS
4.1 The Development of this large area of land within the Greenbelt for residential purposes, raises a number of important planning issues, which require consideration in the determination of this application:-
4.2 GREEN BELT
4.2.1 The application site forms part of the Greenbelt to the North of Wishaw, which performs an important function in preventing the coalescence of the existing settlements of Newmains and Cambusnethan. It also serves as an important nature conservation resource, as referred to in paragrpah 4.4.1. Furthermore Structure Plan Policies seek to protect agricultural land of this quality from development, where alternative sites exist. It is considered that the loss of 25 hectares of land, at this sensitive location, would therefore be inappropriate and undermine the integrity of the remaining Greenbelt in this area.
4.2.2. In certain cases, Greenbelt releases have been justified on the grounds that there is a shortage of housing land of over a particular housing land supply period. However, in this instance there is a considerable surplus of land over the 1998-2003 period and there is therefore no argument for further release on these 73
grounds. Moreover, it is likely that further Greenbelt release in this area, would undermine the regeneration process and prejudice the take up of established housing opportunities. The proposal is therefore considered contrary to Local and Structure Plan policies, relating to development in the Greenbelt and cannot therefore be supported on policy grounds.
4.3 TRAFFIC
4.3.1 Many objections from the local community were based largely on the affects of the proposal on road safety in the area. I would have serious concerns about the impact of such a large scale development on the existing road system. It is considered unlikely that Branchal Road could safely accommodate this rapid increase in the volume of traffic generated from the proposed development. I would have reservations on safety grounds, about the creation of a new traffic controlled junction on Cambusnethan Street, which is already an extremely busy route. I would therefore be unwilling to support the approval of this application without giving consideration to the results of a Traffic Impact Assessment.
4.4. ECOLOGY
4.4.1 Part of the site is occupied by an area of wetland which falls within the Branchal Moss S.I.N.C. (Site of Special Interest for Conservation). The proposed development would effectively remove this part of this locally and nationally important wildlife habitat.
4.4.2 The remainder of Branchal Moss lies inmediately to the North of the S.I.N.C. and an area of woodland, known as Branchal Plantation also included within the S.I.N.C., lies to the West of the application site. Surface water from the application site currently drains into the remainder of Branchal Moss, as indicated by the Leisure Services Department. There is therefore a serious possibility that the proposed development could threaten the ecological balance of this vulnerable habitat, to the detriment of the various wildlife species it supports.
4.4.3 The southern boundary of the application site also forms an important area of open space, which serves as a buffer zone between the built up urban edge and the wildlife habitat at Branchal Moss. If this area is also developed for residential purposes it is likely that Branchal Moss would suffer from vandalism and other forms of environmental damage, due to the close proximity of a large residential area.
4.4.4 It is noted that there are a number of public rights of way passing through, or adjacent to the boundaries of the application site, as highlighted by the Head of Parks and Amenity. The amended plans submitted by Wimpey, indicate the retention of certain public footpaths throughout the site. It is considered possible that such rights of way could be retained within the site: providing that the layout of any resulting housing scheme is designed in a satisfactory manner. It is likely, however, that the rural quality of such rights of way would be severely diminished by their incorporation within a large housing estate, thus affecting the enjoyment of those using them for recreational purposes. 74
4.5. SERVICES
4.5.1 The Director of Education has confirmed that the existing school network would be able to support the demand arising from a maximum of 400 new dwellings. It is estimated that the proposed development would provide up to approximately 700 new dwellings and the resulting level of demand would therefore be likely to place a considerable strain on the capacity of the existing schools. The objections of local residents on these grounds therefore appear to be supported by the Education Authority.
4.5.2 Objections to the proposed development also relate to the shortage of shopping and other community facilities within the locality. This part of Cambusnethan consists of a large residential area, much of which includes previous development phases by the applicant, Wimpey Homes. This immediate area is lacking in shopping and related facilities. There are, however, existing local shops and services located a reasonable distance from the application site at Newmains and I am not therefore, seriously concerned about this proposal from this point of view.
4.6 RESIDENTIAL AMENITY
4.6.1 Concerns have been expressed by existing residents in the neighbourhood, about the effects of the proposed development upon the amenity of their properties, in terms of loss of privacy, outlook and overshadowing. The amended plan submitted by Wimpey does show an area of planting to be provided between the existing and proposed residential areas. It is considered that providing such planting is carried out and maintained properly and is of a sufficiently generous standard, it should serve to protect the privacy and amenity of existing dwellings and to reinforce the identity of separate neighbourhood areas. In the event that this application is approved, the layout and design of the proposed development could be controlled at the detailed application stage, in order to ensure that the amenity of existing residents is protected.
5.0 CONCLUSIONS
5.1 The development of this 25 hectare site in the Greenbelt for residential purposes, is contrary to national planning guidelines and to Structure and Local Plan policies relating to the protection of the Greenbelt.
5.2 It is further considered that a residential development of this scale would overload the existing road network, to the detriment of public safety and inconvenience of highway users.
5.3 Furthermore, the proposed development would both directly and indirectly damage the ecology of Branchal Moss, a Site of Importance for Nature Conservation and would therefore be contrary to Local Plan Policies, aimed at the protection of the natural environment.
5.4 Finally, the Local Education Authority has indicated that the existing local schools would be unable to accommodate the additional level of demand generated from this scale of development without major changes to the catchment areas and increased usage of school bus facilities. 75
5.5 For the above reasons, I therefore consider that this application should be refused. 76
Application No. S/96/00404/FUL Date registered 16 July 1996 APPLICANT SPOOK ERECTION LTD, 15 QUEENS ROAD, EVESHAM, WORCESTERSHIRE Agent Armstrong-Payn Associates, 35 King Street, Penrith DEVELOPMENT OPERATION OF RETAIL MARKET FOR ONE ADDITIONAL DAY PER WEEK (SUNDAY) LOCATION FORMER AUCTION MARKET, LAND TO REAR OF CALEDONIAN ROAD, WISHAW
Estimated Cost Ward No. 7 Grid Reference
File Reference LB/KW/I0/36( 172)iS
Site History 1974 - The site ceased operation as a livestock market. 1975 - Planning permission refused for a Saturday retail market. 1977 - Permission granted, on appeal for the operation of the market on Saturdays. 1994 - Planning permission refused for the operation of the market on Thursdays.
Development Plan Zoned partly as mixed land use, partly for new road works and traffic management scheme and partly for rear servicing associated with pedestrianisation in Finalised Wishaw Local Plan.
Contrary to Dev. Plan No
CONSULTATIONS
Objection Strathclyde Police No Objection Conditions Director of Environmental Services No Reply Strathclyde Fire Service
REPRESENTATIONS
Neighbours Section 23 Twenty nine letters of objection
COMMENTS This application seeks consent for Wishaw Retail Market to operate on a Sunday, in addition to Saturday. The proposal has attracted substantial opposition from local residents and local churches who are concerned about its impact, in terms of noise and traffic generation. My comments and observations on the proposal and on the concerns of the objectors are contained in the accompanying report.
RECOMMENDATION
78
Refuse, on the following grounds, viz:-
The proposed development would result in the parking and manoeuvring of traders and customers vehicles on a Sunday in an area where these activities would lead to further congestion and on-street parking which would prejudice the safety of pedestrians and other road users.
The proposed development would significantly and materially intensify the level of disamenity experienced by residents and neighbouring users of the surrounding area by dint of the activity and disruption generated by the operation of the market, and the traffic generated by customers and traders.
The proposal is contrary to the provisions of the Finalised Wishaw Local Plan and if approved, it would prejudice the Council’s town centre proposals for a town centre relief road with associated rear servicing plus car parking.
This application was advertised in terms of Section 23 of the Town and Country Planning (Scotland) Act 1972. Twenty nine letters of objections were received.
List of Background Papers
Planning application forms and plans. Finalised Wishaw Local Plan. Consultative Draft Motherwell District Local Plan Letter from Strathclyde Police dated 7th August 1996. Memo from Director of Environmental Services dated 6th September 1996. Letter of objection from Mrs McFarlane dated 29/7/96 Letter of objection from Mrs Scott dated 7/8/96 Letter of objection from H. C. Wilson dated 31/7/96 Letter of objection from Mr Fraser undated Letter of objection from W. Bell undated Letter of objection from R. Anderson dated 5/8/96 Letter of objection from Mr Black dated 23/7/96 Letter of objection from Mr Laurie undated Letter of objection from M & A Donaldson dated 25/7/96 Letter of objection from M. Flerning dated 25/7/96 Letter of objecton from Miss Johnston undated Letter of objection from The Clydesdale Bank dated 29/7/96 Letter of objection from Mr & Mrs McManus dated 22/7/96 Letter of objection from R. Wilson undated Letter of objection from Ms Steven dated 23/7/96 Letter of objection from Mr Leighton dated 25/7/96 79
Letter of objection from Ms Watt dated 24/7/96 Letter of objection from A & R Matthews dated 25/7/96 Letter of objection from Ms Rice dated 21/8/96 Letter of objection from Ms Mitchell undated Letter of objection from Mr & Mrs Wood dated 21/8/96 Letter of objection from C & D Frame dated 22/8/96 Letter of objection from I. Findlay undated Letter of objection from P. Brown dated 26/8/96 Letter of objection from Ms Mitchell dated 2018196 Letter of objection from Mr Anderson dated 27/8/96 Letter of objection from Miss Turnbull dated 28/8/96 Letter of objection from Rev Fallows dated 29/8/96 Letter of objection from Mr Jardine dated 29/9/96
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 260 and ask for L Bowden. 80
APPLICATION NO. S/96/00404/FUL - REPORT
1. PROPOSAL AND SITE
1.1 The applicants currently operate a Saturday market in Wishaw on the site of the former livestock market. The market operates between the hours of 10.00am and 4.30pm, with the setting up and dismantling of the stalls taking place up to 2 hours before and after these times. The applicants have a current Market Operators Licence and have on average 200 pitches on site each Saturday.
1.2 The application site is owned by the applicants and lies vacant for the remainder of the week. This proposal seeks consent to operate the market on one additional day, Sunday.
1.3 The application site occupies the area to the rear of the properties on Stewarton Street, Caledonian Road, Steel Street and East Academy Street. It was originally occupied by a livestock market and the original Auction Mart building, which is still on the site, accommodates stalls on market days. There is direct access from the site onto Steel Street and East Academy Street. Pedestrian access is also available from Stewarton Street via a pend. In the Finalised Wishaw Local Plan the site is identified as being required for the construction of a road and the formation of servicing and loading areas for shops, plus an area of mixed land use.
2. CONSULTATIONS
2.1 Strathclyde Police have stated that there are seven churches who hold morning services in the immediate area of the market. Due to the close proximity of these churches it is their opinion that there would be a conflict of interests in relation to parking. The absence of a Traffic Regulation Order prohibiting on-street parking on a Sunday would further compound the problem and could lead to congestion on the main arterial route through the town centre.
2.2 The Director of Environmental Services has stated that this market site is in the vicinity of residential properties and consequently the residents will be subject to noise from the operation of the market including the setting up and dismantling of stalls. Also, the site is located at the rear of a church which holds a morning service each Sunday. In view of the markets noise sensitive location it is recommended the hours of operation be restricted to between 12.30pm and 4.00pm with access to the site restricted to one hour prior and dismantling to be completed within one hour of the end of the trading period. Furthermore, the operator requires to take the best practicable means to ensure the operation does not increase existing background levels and cause noise nuisance to the residents of the area.
2.3 Strathclyde Fire Service have not replied to their consultation
3. OBJECTIONS
3.1 This application was advertised in the Local Press and I have received 29 letters of objection in response. The majority of the letters are from residents who live close to the market site. A number are from Wishaw residents concerned about the 81
effect of the proposal on the nearby churches. There is also some concern about the possible impact upon the existing town centre businesses. The reasons for objection can be fairly summarised as follows:-
Sundays should be kept special, there are five other days of the week when the market could trade.
The proposal is contrary to the Local Plan.
The noise and activity generated by the market, the setting up of stalls can begin as early as 5am according to many of the objectors, will cause disturbance to local residents.
There are no parking restrictions in operation on a Sunday so visitors to the market will park on-street. This will cause difficulties for local residents and parking problems for people attending the local churches.
Vehicles associated with the market manoeuvre on the residential streets posing a danger to local children.
Although the market organises a litter collection after trading finishes, litter gets blown into the gardens of neighbouring residents. In addition to this, the Clydesdale Bank on Stewarton Street have stated that bags of rubbish are often thrown over the dividing wall at the rear of their premises, and an additional day of trading will exacerbate this problem.
The operation of the market on an additional day will further exacerbate the problems which are facing the established traders in Wishaw Town Centre. These traders are faced with increasing competition from other shopping areas and as a result the centre is deteriorating.
4. OBSERVATIONS
4.1 The Saturday market in Wishaw is very popular and attracts large numbers of shoppers to the town. There are two schools of thought as to what effect this has on the permanent traders in the town centre. It is the view of one of the objectors, who operate a local retail business, that the additional competition is leading to businesses closing. On the other hand the current government advice on retail development encourages diversification and variety as ways of making centres more attractive to consumers. If the market is attracting people that would otherwise go elsewhere to shop there is likely to be a spin off effect for the other retailers. Nevertheless, it is equally clear that the market has an impact upon the amenity of the surrounding residents and other adjoining uses.
4.2 The market generates a large number of vehicle movements in the area immediately surrounding the market site. The streets in the vicinity of the application site are required, on market days, to cope with demands for parking space generated by customers' and traders' vehicles. The majority of these streets are residential in character and scale and are not suited to handling increased amounts of traffic without causing problems, thus disrupting the amenity of residents. 82
4.3 In addition, the operation of the market on a Sunday will bring this pedestrian and vehicular activity into direct conflict with the congregations of the neighbouring churches. Whilst there are seven churches in the neighbourhood , this particularly relates to Chalmers Church which immediately adjoins the application site, fronting onto East Academy Street. There are no parking restrictions in operation on Sundays and this may lead to conflict between people attending the church and customers and traders from the market and congestion.
4.4 The level of disturbance and activity generated by the market on Saturdays also has a major impact on the amenity of the surrounding residential area. This disruption can commence very early in the mornings and continue through until late afternoon. The addition of an extra days trading, particularly on a Sunday when more people are at home, would materially intensify the level of detriment to the amenity which local residents already experience. Similarly, the church would have to function with a potentially noisy market operation nearby.
4.5 Finally, the application site is identified in the Finalised Wishaw Local Plan and in the Consultative Draft Motherwell District Local Plan for the construction of a new road, by-passing Wishaw Cross, and the formation of parkingAoading areas for shops. Whilst the proposed link road does not currently feature in the Council’s spending programme it is still considered to be an option for resolving Wishaw’s traffic problems. Allowing the market to increase its trading position may compromise this proposal.
4.6 In light of the above, it is my opinion that the traffic and noise generated by the operation of the market on a Sunday would have an adverse impact upon the residential amenity currently enjoyed by the residents on that day. It is also likely to cause traffic congestion on the residential streets. It is for these reasons, and as the Council remains of the view that this site would be required for a new road link, I recommend that consent be refused. 83
Application No. S/96/00416IFUL Date registered 19 July 1996 APPLICANT BOTTERILLS CONVENIENCE STORES LTD, BLOCK 9 SOUTH AVENUE HIGH BLANTYRE G72 OXB Agent TAL Design Consultants. 33 Kitchener Street. Wishaw ML2 7JQ DEVELOPMENT EXTENSION OF OPENING HOURS TO 24 HOURS PER DAY INCLUDING HOT FOOD FAC I LlTY LOCUS UNITS 5-8 VIEWPARK SHOPPING CENTRE, OLD EDINBURGH ROAD, VIEWPARK, UDDINGSTON
Ward No. 23 Grid Reference NS 271 533 660944
File Reference S/CLK/KWI9/110
Site History No significant history
Development Plan Draft Motherwell District Local Plan - Policy 'Retail 11' (Assessing Bad Neighbour Developments)
Article 18 required
CONSULTATIONS
Objection No Objection Strathclyde Police Conditions Director of Environmental Services No Reply
REPRESENTATIONS
Neighbours Four letters including a letter and petition with 13 signatories have been received objecting to the proposal. Councillor McCabe also objects to the proposal. Section 23 Yes
COMMENTS I am concerned that the proposal as submitted, ie a hot food facility within the general store which the applicant wishes to operate 24 hours a day, would pose significant problems of noise and disturbance late at night and in the early hours of the morning. However, the nature and extent of the proposal seems unlikely to pose any serious problems outwith these times. I am willing to recommend approval but only with restrictions on the hours of operation, and nature and extent of the use. RECOMMENDATION
Grant, on the following grounds, viz-
(1) That the development hereby permitted shall be started within five years of the date of this permission. i 84
HOT FOOD ,I I'
PART USE OF SHOP AS HOT FOOD TAKE-AWAY [ 24hPS. ) UNIT 5 - 8. VIEWPARK SHOPPING CENTRE. VIEWPARK. 85
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
(2) That the use hereby permitted shall only be carried out between the hours of 7.00am and 11.OOpm.
Reason: To safeguard the amenity of the area
(3) That the use hereby permitted shall be restricted to the following:
(a) The sale of hot food to be restricted to that area hatched RED on approved plans, or any other area agreed in advance by the Planning Authority.
(b) The heating and cooking of food to be restricted to microwave ovens, or any other means of cooking to be agreed in advance by the Planning Authority.
Reason: To safeguard the amenity of the area and define the use of the site.
NOTES:
(1) This application was advertised in terms of Section 23 of the Town and Country Planning (Scotland) Act 1972. Four objections were received. including a petition containing thirteen signatures.
(2) This development should comply with the terms of the undernoted legislation:-
(a) Food Safety Act 1990
(b) Food Hygiene (Scotland) Regulations 1959-78
(c) Health and Safety at Work etc. Act 1974
(d) Workplace (Health Safety and Welfare) Regulations 1992.
(e) Offices, Shops and Railway Premises Act 1963
(f) The Local Authority is the enforcing Authority in terms of the above legislation.
List of Background Papers
Application S/96/00416/FUL registered 19th J~ly1996 and accompanying plans and letter dated 2nd September 1996. Draft Motherwell District Local Plan Letter from Strathclyde Police dated 14th Acrgust 1996 Memorandum for Director of Environmental Services dated 13th August 1996. Letter of petition with 13 signatories dated 24th July 1996. Letter from Wilson, Chalmers and Hendry on behalf of Mr Cheung dated 26th July 1996. Letter from Bonnar & CO on behalf of Mr Barilone dated 29th July 1996.
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 246 and ask for Mr Kellock. 87
APPLICATION NO. S/96/0041GIFUL AND S/96/00421/FUL
REPORT
1. DESCRIPTION OF SITES AND SURROUNDINGS
1.1 This report relates to two similar proposals within the same row of shops. Given similar circumstances, reports on both proposals have been brought together.
1.2 Both sites are within Viewpark Shopping Centre, a small modern retail development at the eastern end of Old Edinburgh Road. This comprises a hairdressers, a video shop, a veterinary surgery, a hot food take-away aiid a general store. The site has its own car park and servicing area. Surrounding this centre is a petrol filling station to the east, open space to the north aiid west and a mixture of residential and commercial uses to the south (on the other side of Old Edinburgh Road). In addition to the hot food take-away already wi!hii? the shopping centre, there are 3 other hot food shops and a public house within 130 tnetres of the application sites (see attached plan).
2. DESCRIPTION OF PROPOSALS
2.1 The first application (application ref S/96i00416!96) relates to the introduction of a hot food use to the general store. It would be the applicant's intention to provide a range of hot snacks which would be prepared primarily by microwave. This would not alter the normal range of goods currently available from the shop. The operator, Botterills Stores Ltd, have indicated that they also intend opening the shop 24 hours per day, although this in itself would not require planning permission. Sales of all goods, including the proposed sale of hot food, would be made via a new hatch on the shop front between the hours of 10.00pm and 7.00am.
2.2 The second application (application rei S/96/00421iFUL) is a proposal to change the existing hairdressers shop into a fish and chip shop.
3. DEVELOPMENT PLAN
3.1 Policy 'Retail 11' (Assessing Applications for Bad neighbour Developments) is relevant to the determination of both applications This policy states that hot food take-aways will only be acceptable in town centre areas village and neighbourhood shopping centres where they take account of amongst other things -
1. The impact of the proposal on the character and amenity of adjoining properties and the surrounding shopping environment.
2. The resulting mix of retail and non-retail uses, and
3. The provisions made for vehiccilar access. parking and the impact on pedestrian safety and traffic circulation.
4. CONSULTATIONS 88
.- 4.I In the case of both applications, the Ciiector of Environmental Services and Strathclyde Police had no objections it; principle to the proposed developments.
5. REPRESENTATIONS
5.1 Most of the objections received were applicable to both proposals
5.2 The local member for the area. Councillor McCabe, has made it known that he objects to both applications.
5.3 A letter of petition has been received with 13 signatories from the surrounding area. These objectors are concerned about the increased noise? disturbance and traffic which such uses generate and believe that there are sufficient numbers of hot food outlets in the area which already cause problems, paflicularly late at night.
5.4 A local resident has written expressing fears similar to those above, and has stressed the potential for additional problems resulting from the 24 hour per day operation of the general store.
5.5 The operators of existing hot food shops at the shopping centre and 702 Old Edinburgh Road object to the proposals on the basis that an over provision of hot food outlets would result in environmental problems such as litter, noise etc., as well as problems of anti-social behaviour often associated with such uses.
5.6 Finally, the owner of the shopping centre has written objecting to the proposed development by Botterills, stating that such a development requires his permission which will not be forthcoming. I have advised Botterills of this matter but they have requested that consideration of their application continues.
6. BACKGROUND
6.1 Botterills have produced letters in support of their proposal, the main points being as follows:-
(a) The proposed 24 hour a day operation is designed to compete with the many shops found at petrol filling stations which already operate long hours
(b) Hot food would only be by rneacs of heating pre-cooked snacks using microwaves
(c) The shop could already open 24 hours a day without any permission from the Planning Department, A Botterills shop at High Blantyre has been operating such hours since April 10 the satisfaction Df the operator.
6.2 The Committee may wish to note that Botterills have made similar applications to South Lanarkshire Council for their stores at LO\>VM’aters Roacl, Hamilton and the above noted store at Stonehouse Road. Blantyre. Both applications were the subject of numerous objections and South Lanarkshire Council’s Planning Committee has agreed to refuse planning perrnission for both proposals.
7. PLANNING ASSESSMENT 89
7.1 In terms of their assessment Draft Local Plan Policy RTLll asks that hot food take away proposals are measured again3t the follo~.viilgcriteria -
7.2 (A) The impact of the proposal on the character and amenity of adjoining properties and the surrounding environment.
COMMENT
7.2.1 It is widely recognised that hot food take-aways can have a varied and often significant impact, (particularly on nearby residential areas) including the generation of noise and disturbance, litter, smells, anti-social behaviclur and so on. However, I would find it difficult to argue that the limited nature and extent of the proposal at Boterills (using a couple of microwaves) would have a detrimental effect on neighbouring properties for most of the day. A key issue in this application, however, is the introduction of 24 houriday opening and I believe this is where the main problem will lie. There will inevitably be additional noise and disturbance late at night and in the early hours of the morning, even without the sale of hot food. However, the proposed sale of hot snacks will increase the likely level use at these times. Additional noise and disturbance will be increased by the fact that all sales would be carried out via a hatch, therefore causing all cutomers to wait outside, often for several minutes whilst the food is being prepared.
7.2.2 The proposed fish and chip shop at Unit 1 on the other hand would be much more of a traditional hot food outlet in terms of its operation. However, unlike the proposal at Boterills, it would not be the intention of the applicant to operate 24 hourslday, although it should be noted that recently approved Late Hours Catering Licences in the area allows similar premises to open until 12.30 am every night, with older licences granted under Motherwell District Council allowing some premises to operate as late as 1.30 am on Fridays.
7.2.3 It is likely, therefore, that both proposals will have a detrimental effect on the residential amenity of the area. What is equally important however, is the cumulative impact that the proposed and existing late night uses could have. Nearby residents already have to tolerate noise frotn the busy main road and nearby late night uses, However, there comes a point where nearby residents cannot be expected to tolerate further disturbances. I believe that this point has been reached and that the two proposals would result in the potential for excess levels of noise, disturbance, anti-social behaviour etc from all of the existing and proposed late night uses.
7.2.4 A further related concern is the anticipated impact on the character of the area which is currently that of a mixed retailicornmerciallresidential area, but already with a tendency towards late night uses. Approval of both proposals would further emphasise this tendency and lead to a change in character whereby such uses would dominate to the detriment of the residential character, and attractiveness of the local shopping area. Such uses may be siiited to some town centre locations, but I would find this area unsuitable for these uses in a part residential area outwith the town centre.
(B) The Impact of The Resultant Mix of Retail and Un-Retail Uses 90
7.3 Comment
7.3.1 Viewpark Shopping Centre and surrounding shops. although scattered over a wide area, perform an important role as a neighbourhood shopping centre. The attractiveness of this shopping facility is based partly on the variety of uses and this attractiveness would be reduced by the loss of ihe Class 1 retail unit at Unit 1 and the introduction of a further hot food use resulting in inore than 50% of the units in the immediate area being hot food or non retail uses It is recognised that this argument is less prominant with the proposal at Botterills as the existing general store use will be retained.
7.4 (C) The Provisions Made for Vehicular Access, Parking and the Impact on Pedestrian Safety and Traffic circulation
Comment
7.4.1 Both proposals have the benefit of a purpose built off-street parking area and in terms of highway safety, I find both proposals acceptable Nevertheless, I do have some concerns that the car park could become congested at certain peak hours in the evening where it would have to serve 3 hot food uses. However, I do not believe that this concern in itself would merit the refusal of both applications.
8. CONCLUSIONS
8.1 I would conclude that in terms of the proposed developinent at Botterills, the proposed development would only be acceptable on condition that the hot food use is restricted in terms of its hours of operation and its nature i.e.small scale, microwaves etc. On this basis, I consider this proposal to be acceptable.
8.2 In terms of the proposal for Unit 1, I find the environmental impact of the proposal on the residential amenity and overall charac!er of the area to be unacceptable, particularly when seen in light of the large number of similar late night uses in the area. Also, the resultant mix of commercial uses will detract for the viability of the neighbourhood shopping centre. As such, I recornmei-id that this application is refused for the reasons noted above. 91
Application No. 5/96/0042 1/FUL Date registered 30 July 1996 APPLICANT ASHLEY VITNERS (STRATH) LTD, 15 LADY JANE GATE, BOTHW ELL Agent J G Aitchison & Son, 5 Bourne Street, Hamilton ML3 7BW DEVELOPMENT CHANGE OF USE FROM RETAIL (CLASS 1) TO HOT FOOD TAKE AWAY (CLASS 3) LOCUS UNIT 1, VIEWPARK SHOPPING CENTRE, VIEWPARK
Ward No. 23 Grid Reference NS 27 1499 660933
File Reference SICLWKWI9Il 10
Site History No significant history
Development Plan Draft Motherwell District Local Plan - Policy ‘Retail 1 1 ’ (Assessing Bad Neighbour Developments)
Article 18 required No
CONSULTATIONS
Objection No Objection Strathclyde Police
Conditions Director of Environmental Services No Reply
REPRESENTATIONS
Neighbours Four letters including a letter and petition with 13 signatories objecting to the development. Councillor McCabe also objects to the proposal. Section 23
COMMENTS This proposal has been the subject of numerous objections from local resdients. I am concerned that the environmental impact of this proposal, in addition to that from other similar uses nearby, is such that the character and amenity of the area would be adversley affected to an extent which justifies the refusal of planning permission. An application for a similar proposal is being considered for the unit at the other end of this row of shops and full details of both applications can be found within the report attached to application ref. no. S/96/004 16/96.
RECOMMENDATION
Refuse, on the following grounds, viz:- 92 93
(1) That the proposed development would generate levels of noise, disturbance, smells and litter which would detract from the character and amenity of the residential and shopping environment of the area, and as such is contrary to the terms of Policy RTLl 1 of the Draft Motherwell District Local Plan.
(2) That the proposed development would create a further imbalance of uses (in favour of hot food take aways and other late night uses) which would in turn undermine the viability and attractiveness of the neighbourhood shopping centre, and as such is contrary to the terms of Poljcy RTLl 1 of the Draft Motherwell District Local Plan.
NOTES:
(1 ) This application was advertised in terms of Section 23 of the Town and Country Planning (Scotland) Act 1972. Four letters of objection were received, including a letter ofpetition containing thirteen signatures.
List of Background Papers
Application form and accompanying plans. Draft Motherwell District Local Plan. Letter from Strathclyde Police dated 14th August 1996. Memorandum from Director of Environmental Services dated 23rd August 1 996. Letter of petition with 13 signatories, submitted by Mrs Kerr, dated 24th July 1996. Letter from Wilson, Chalmers & Hendry on behalf of Mr Cheung dated 24th July 1996. Letter from Franchi Finneston on behalf of Mr Marini dated 16th August 1996.
Any person wishing to inspect the above background papers should telephone Motherwell 25 1321 Ext. 246 and ask for Mr Kellock. 94
Application No. S/96/00442/FUL Date registered 1 August 1996 APPLICANT W H MALCOLM LTD., BODDEN SQUARE, NEWHOUSE INDUSTRIAL ESTATE, NEWHOUSE Agent D Stewart Toy, 29A High Street, Lanark MLI 1 1LU DEVELOPMENT ALTERATIONS AND EXTENSION TO STORAGE WAREHOUSE, ERECTION OF NEW GATEHOUSE AND FORMATION OF PALLET STORAGE. LOCATION BODDEN SQUARE, NEWHOUSE INDUSTRIAL ESTATE, NEWHOUSE
Estimated Cost - Ward No. 27 Grid Reference 278200661200
File Reference
Site History Formerly part of Terex complex; planning permission granted in December 1992 for change of use to Distribution Warehouse.
Development Plan Industrial.
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection Environmental Services Conditions British Coal No Reply
REPRESENTATIONS
Neighbours None Section 23
COMMENTS This application is for a major extension to warehouse premises, which will be carried out in four phases over a 3 - 4 year period, together with a new gatehouse and the allocation of an area for the storage of pallets. The extension will increase the size of the warehouse by some 22000 square metres, more than doubling the existing floorspace and the building will be extensively re-clad in blue steel profile sheets. There are no planning objections to this proposal.
RECOMMENDATION Grant, subject to the following conditions, viz:-
(1) That the development hereby permitted shall be started within five years of the date of this permission. 95
ALTERATIONS / EXTENSION TO WAREHOUSE 6 ERECTION I 1: 25001 /r\ OF GATEHOUSE NEWHOUSE INDUSTRIAL ESTATE 96
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
(2) That no pallets shall be stored on the site outwith the area hatched yellow on the approved plans. I
Reason: In the interests of amenity, in the interests of public safety, and to enable the Planning Authority to retain effective control.
(3) That the areas shown as 'car park' and 'vehicle park' shall be retained for such purposes and shall not be used for the storage of pallets or any other materials.
Reason: In the interests of amenity, in the interests of public safety and to enable the Planning Authority to retain effective control.
(4) That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
NOTES:
The Coal Authority have indicated that shafts and/or adits are situated under or close to this site. No development should take place over or near any shaft or adit. The developer must contact:-
Mr. G. Offen, Head of Mining Reports, The Coal Authority, Mining Reports Ofice, Ashby Road, Stanhope Bretby, Burton-on-Trent, Staffordshire, DE15 OQD (Tel: 01283 550606) so that a thorough investigation of the position can be made. The above office can also supply you with a plan showing the approximate position of the shafts and/or adits. A charge will be made for this service. Application No. S/96/00453/OUT - Date registered 18 September 1996 APPLICANT DIRECTOR OF HOUSING, NORTH LANARKSHIRE COUNCIL, MUNICIPAL BUILDINGS, KILDONAN STREET, COATBRIDGE ML5 3NG Agent c DEVELOPMENT RESIDENTIAL DEVELOPMENT (HOUSE PLOTS) LOCATION 48/50 LIBERTY ROAD, BELLSHILL
Estimated Cost Ward No. 25 Grid Reference 273600 659200
File Reference WLS/JM/7/36
Site History Former garage area, disused for some years. Housing Committee agreed, May 1996, to market sites for development.
Development Plan Housing Area
Contrary to Dev. Plan No
CONSULTATIONS
Object ion No Objection Coal Authority
Conditions No Reply
REPRESENTATIONS
Neighbours One Letter of objection Section 23
COMMENTS This application seeks outline consent for a limited house plot development on a former garage area, which has been disused for some time leading to complaints of anti-social activities occuring there. The Council has agreed to market this site (and another at Babylon Road) and this consent is required to enable that to proceed. The site lies to the rear of a large number of terraced houses, and is accessed by means of a narrow lane. Although the site is not ideal for this purpose, backland development such as this can work successfully provided that sufficient controls are imposed to ensure privacy and amenity. I therefore recommend that consent be granted. Further details are contained in the accompanying report.
RECOMMENDATION 98 99
Grant, subject to the following conditions, viz:-
(1) That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the 7 reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
(2) That before development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:-
(a) the siting, design and external appearance of all buildings and other structures;
(b) the means of access to the site;
(c) the layout of the site, including all roads, footways, and parking areas; landscaping of the site;
(d) the design and location of all boundary walls and fences;
Reason: The approval is in principle only.
(3) That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (2) above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
(4) That the total number of dwellinghouses within the site shall be not more than 2
Reason: To enable the Planning Authority to retain effective control.
(5) That notwithstanding the generalities of condition (2) above, before any of the dwellinghouses are occupied, a 1.8 metre high screen fence shall be erected along the boundary marked BLUE on the approved plans.
Reason: To safeguard the amenity of future residents.
(6) That notwithstanding the generalities of condition (2) above, before the dwellinghouses hereby permitted are occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.
Reason: In the interests of public safety 100
(7) That notwithstanding the generalities _of condition (2) above, before the dwellinghouses hereby permitted are occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided for each and the first 2 metres of this access, beyond the limit of the adjoining road, shall be paved, across its full width.
Reason: To prevent deleterious material being carried onto the road.
(8) That notwithstanding the generalities of condition (2) above, any garage, or car port, erected within the curtilage of the site, shall be at least 6 metres from the frontage of the house plot.
Reason: In the interests of public safety
(10) That, nowithstanding the generalities of condition (2) above, there shall be a tarmacadam or brick paviour surfaced access serving both houses, and that this shall make relevant provision for rear access to those existing houses which currently enjoy access from the site.
To ensure satisfactory vehicular and pedestrian access facilities to the dwellings
NOTES
(1) Consultation was carried out in terms of Article 9(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. One representation was received.
List of Background Papers
Application form and plans Bellshill and Mossend Local Plan Draft Motherwell District Local Plan Letter from The Coal Authority dated 13/8/96 Letter from H. Docherty dated 11/8/96 Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 248 and ask for Mr Stevenson 101
A P PLlCATlON S/96/00453/0UT
REPORT
1.o PROPOSAL
1.1 This application seeks outline consent for house plots on a former lock-up garage area to rear of houses at Liberty Road, Bellshill. The site has been unused for a number of years, and complaints have been received (via the local councillor) that anti-social activities have been taking place. The site is generally flat and is almost rectangular in shape, lying behind the rear gardens of a number of terraced houses. Access is taken via a 3.2 metre wide lane onto Liberty Road.
1.2 Consideration has been given to various means by which the local problems of the. mis-use of such sites can be avoided, and the view was taken that development for house plots could be appropriate. The Housing Committee, at its meeting on 1st May 1996 (para 12) agreed to market this site, and another at Babylon Road, for such development. This application is therefore required in order to progress the marketing of these sites.
2.0 CONSULTATION AND OBJ ECTl ON RECEIVED
2.1 The Coal Authority had no objections to the proposal
2.2 One letter of objection was received, from a neighbouring resident, who objected on the grounds that, firstly, the proposal would result in the loss of a safe area for children to play in;secondly , that the rear vehicular access to his property would be affected and, thirdly, that fire engines could not access the site on the event of a fire.
2.3 There are no other service constraints affecting this site
3.0 0 BSERVATION S
3.1 The three points raised by the objector can be considered as follows:- a) The site was formerly a garage court, and was never intended as a play area; indeed, its location to the rear of houses would generally be considered unsuitable. for play areas. b) A number of houses currently use the area to provide vehicular access to their rear gardens; these can be formalised and retained by means of a planning condition. c) Although it is true that fire service vehicles may not be able to gain access into the site, the area is still relatively close to the road to enable other means of fire control to be used.
3.2 The question of access does, however. require to be considered. Generally,a 5.5 metre wide access would be required, and a lane of 3.2 metres width would not normally be acceptable. However, if the garage area was still in use it would generate greater traffic levels than two houses, and I am therefore prepared to accept a reduced standard in such circumstances.
3.3 Privacy and amenity are other matters which can often pose problems for backland development. However, the rear gardens of adjoining houses are 102
relatively large and that, together with appropriate screen fencing, should ensure that satisfactory standards are achieved.
4.0 CONCLUSIONS
4.1 This site, and the similar site at Babylon Road (Application no. S/96/00494/OUT), are remnants of a period when it was considered appropriate to have garage courts to the rear of houses. Today, many such areas are unused and suffer from 1 misuse; this proposal seeks to find an alternative use which will benefit the area. Although the site is not ideal for this type of use, I am prepared to recommend that consent be granted for up to two house plots. 103
Application No. S/96/00454/0UT Date registered 18 September 1996 APPLICANT DIRECTOR OF HOUSING, NORTH LANARKSHIRE COUNCIL, MUNICIPAL BUILDINGS, KI LDONAN STREET, COATBRIDGE ML5 3NG Agent DEVELOPMENT RESIDENTIAL DEVELOPMENT (HOUSE PLOTS) LOCATION 27/29 BABYLON ROAD. BELLSHILL
Estimated Cost Ward No. 25 Grid Reference 273400658950
File Reference WLS/JM/7/87
Site History Former garage area! disused for some years. Housing Committee agreed, May 1996, to market sites for development
Development Plan Housing Area
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection Coal Authority
Conditions No Reply
REPRESENTATIONS
Neighbours One letter of representation Section 23
COMMENTS This application seeks outline consent for a limited house plot development on a former garage area, which has been disused for some time leading to complaints of anti-social activities occuring there. The Council has agreed to market this site (and another at Liberty Road), and this consent is required to enable that to proceed. The site lies to the rear of a large number of terraced houses, and is accessed by means of a narrow lane. Although the site is not ideal for this purpose, backland development such as this can work successfully provided that sufficient controls are imposed to ensure privacy and amenity. I therefore recommend that consent be granted. Further details are contained in the accompanying report.
RECOMMENDATION
105
Grant, subject to the following conditions, viz:-
That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
That before development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:-
(a) the siting, design and external appearance of all builidngs and other structures;
(b) the means of access to the site;
(c) the layout of the site, including all roads. footways, and parking areas; landscaping of the site;
(d) the design and location of all boundary walls and fences;
Reason: The approval is in principle only
That within three years of the date of this pertnission an application for approval of the reserved matters, specified in condition (2) above. shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
That the total number of dwellinghouses within the site shall be not more than 2
Reason: To enable the Planning Authority to retain effective control
That notwithstanding the generalities of condition (2) above, before any of the dwellinghouses are occupied, a 1.8 metre high screen fence shall be erected along the boundary marked BLUE on the approved plans.
Reason: To safeguard the amenity of future residents
That, notwithstanding the generalities of condition (2) above, before the dwellinghouses hereby permitted are occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear.
Reason: In the interests of public safety
That, notwithstanding the generalities of condition (2) above, before the dwellinghouses hereby permitted are occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided for each and the first 2 106
metres of this access, beyond the limit of the adjoining road, shall be paved, across its full width.
Reason: To prevent deleterious material being carried onto the road.
That, notwithstanding the generalities of condition (2) above, any garage, or car port, erected within the curtilage of the site, shall be at least 6 metres from the frontage of the house plot.
Reason: In the interests of public safety.
That, notwithstanding the generalities of condition (2) above, there shall be a tarmacadam or brick paviour surfaced access serving both houses, and that this shall make relevant provision for rear access to those existing houses which currently enjoy access from the site.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
That, notwithstanding the generalities of condition (2) above, before any development is commenced on site the existing British Telecom apparatus shall be diverted.
Reason: In order to ensure satisfactory development without disruption to utility services.
NOTES
(1) Consultation was carried out in terms of Article 9(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. One representation was received.
List of Background Papers
Application forms and plans Bellshill & Mossend Local Plan Draft Motherwell District Local Plan Letter from The Coal Authority dated 13/8/96 Letter from M. McLenaghan dated 8/8/96
Any person wishing to inspect the above background papers should telephone Motherwell 251 321 Ext. 248 and ask for Mr Stevenson. 107
A PPLI CAT10 N N0 S/96/004 54/0UT
REPORT
1.o PROPOSAL AND SITE
1.1 This application seeks outline consent for house plots on a former lock-up garage area to the rear of houses at Babylon Road, Bellshill. The site has been unused for a number of years, and complaints have been received (via the local councillor) that anti-social activities have been taking place. The site is generally flat, although irregularly shaped, and lies behind the rear gardens of a number of terraced houses. Access is taken via a 2.9 metre wide lane onto Babylon Road.
1.2 Consideration has been given to various means by which the local problems of the mis-use of such sites can be avoided, and the view was taken that development for house plots could be appropriate. The Housing Committee, at its meeting on 1st May 1996 (para 12) agreed to market this site, and another at Liberty Road, for such development. This application is therefore required in order to progress the marketing of these sites.
2.0 CONSULTATION AND REPRESENTATION RECEIVED
2.1 The Coal Authority had no objections to the proposal
2.2 Following the neighbour notification procedure, a letter was received from a neighbour seeking clarification of certain matters, such as the type of houses to be built; a reply explaining the proposal was sent, and any further comments invited, but no subsequent objection was received.
2.3 There are no other service constraints affecting this site: other than some overhead BT apparatus which could be diverted or put underground.
3.0 OBSERVATIONS
3.1 As in the similar application for Liberty Road, the matter of access to the site requires to be considered. Generally, a 5.5 metre wide access would be required, and a lane of 2.9 metres width would not normally be acceptable. However, if the garage area was still in use it would generate greater traffic levels than two houses, and I am therefore prepared to accept a reduced standard in such circumstances.
3.2 Privacy and amenity are other matters which can often pose problems for backland development. However, the rear gardens of adjoining houses are relatively large and that, together with appropriate screen fencing, should ensure that satisfactory standards are achieved.
4.0 CONCLUSIONS
4.1 This site, and the similar site at Liberty Road (Application no. S/96/00453/OUT), are remnants of a period when it was considered appropriate to have garage courts to the rear of houses. Today, many such areas are unused and suffer from mis-use; this proposal seeks to find an alternative use which will benefit the area. Although 108
the site is not ideal for this type of use, I am prepared to recommend that consent be granted for up to two houses. 109
Application No. S/96/00487/FU L Date registered 23 August 1996 APPLICANT ANN McLARE, 69 NORTH BRITISH ROAD, UDDINGSTON Agent DEVELOPMENT PART CHANGE OF USE FROM WORKSHOP UNIT TO TEAROOM LOCATION UNIT 2, MARKET ROAD, VIEWPARK, UDDINGSTON G71
Estimated Cost Ward No. 23 Grid Reference
File Reference GL/KW/9/105/S
Site History Village Industry Units constructed by Motherwell District Council in 1995
Development Plan Residential on The Uddingston Tannochside Town Map. No change on The Draft Motherwell District Local Plan.
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours Section 23
COMMENTS This application is for the partial change of use of a small Council owned unit in Market Road Viewpark to a tea room. The applicant has been operating a tea room, "The Tea Cosy", from a unit in Viewpark Shopping Centre for a number of years. The lease on that unit has expired and the applicant now wishes to operate from nearby unit built by the former Motherwell District Council. The bulk of the applicant's business is in contract catering, for nearby businesses, and the preparation of food within the unit for such a business does not require planning permission. However, the applicant does wish to provide facilities in which the local community can purchase and consume meals and snacks and it is this use of the premises which requires planning permission. I have no objections to this use of the premises and recommend that planning permission is granted.
RECOMMENDATION 110
I-
Uar ke: >lace
PLANNING APPLICATION NO. S/96/00487/FUL Scale PART CHANGE OF USE FROM WORKSHOP UNIT TO TEAROOM 1: 1250 UNIT 2 /n Date MARKET ROAD N 1 VIEWPARK 17/10/96 L 111
Grant, subject to the following conditions, viz:-
(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 1972.
(2) That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts or projecting signs, shall be erected on the premises without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control.
NOTES:
(1) This development should comply with the terms of the undernoted legislation:-
A. Food Safety (General Food Hygiene) Regulations 1995.
B. Health and Safety at Work etc. Act 1974
C. Workplace (Health Safety and Welfare) Regulations 1992.
D. The Local Authority is the enforcing Authority in terms of the above legislation.
(2) This application was advertised in terms of Section 23 of the Town and Country Planning (Scotland) Act 1972. No objections were received.
List of Background Papers
Application form and plans registered on 23/8/96. Uddingston Tannochside town Map. Draft Motherwell District Local Plan.
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 243 and ask for Mr Laing. 112
Application No. S/96/00503/OUT Date registered 28 August 1996 APPLICANT DAVID STREFFORD, 29 WOODSIDE CRESCENT, NEWMAl NS Agent MacFarlane & CO,48 Main Street, Wishaw DEVELOPMENT ERECTION OF DWELLINGHOUSE LOCATION LAND ADJACENT TO NO. 3 CHURCH ROAD, BONKLE
Estimated Cost Ward No. Grid Reference
File Reference CP/JM/3/25(1 17)
Site History Outline planning permission for erection of dwelling approved 1/10/86 (Planning Application No. 246/86)
Development Plan Established Housing Area
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection The Coal Authority British Gas West of Scotland Water Scottish Power
Conditions No Reply
REPRESENTATIONS
Neighbours Two Letters Section 23
COMMENTS This outline application relates to the erection of a single dwellinghouse, on an area of garden ground situated between the existing dwellings at Church Road, Bonkle. The application site has frontages onto Church Road and Allanton Road and lies close to a number of Listed Buildings. Two letters of objection have been received from neighbouring residents. My observations on the proposal and comments on the ground of objection are contained in the accompanying report.
RECOMMENDATION
Grant, subject to the following conditions, viz:- 113 114
(1) That before development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:-
(a) the siting, design and external appearance of all buildings and other structures;
(b) the means of access to the site;
(c) the design and location of all boundary walls and fences;
Reason: The approval is in principle only
(2) That the development hereby permitted shall be started: either within five years of the date of this permission, or within two years of the date on which the last of the reserved matters are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
(3) That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (1) above, shall be made to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
(4) That the dwellinghouse hereby approved in outline, shall not exceed one storey in height.
Reason: In the interests of visual amenity.
(5) That the facing materials to be used for the external walls and roof shall complement in colour and texture, those of traditional style neighbouring dwellinghouses, to the satisfaction of the Planning Authority.
Reason: In order to protect the character and amenity of the surrounding area.
(6) That the ridgeline of the dwellinghouse hereby approved, shall run parallel to Church Road, Bonkle.
Reason: In the interests of the visual amenity of the area.
(7) That the front building line of the proposed dwellinghouse shall be sited no more than 7 metres from the back edge of the public footpath on Church Road.
Reason: To safeground the amenity of the area. 115
That no trees within the application site shall be lopped, topped or felled, and no shrubs or hedges, shall be removed from the application site, without the prior written consent of the Planning Authority.
Reason: To safeguard the amenity of the area.
That vehicular access to the site shall be taken from a 3 metre wide dropped kerb access on Church Road and no other vehicular access shall be taken onto Allanton Road.
Reason: In the interests of public safety
That a visibility splay of 2.5 metres by 20 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway.
Reason: To ensure the provision of adequate parking facilities within the site.
That before the dwellinghouse is occupied, a private vehicular access or driveway of at least 10 metres in length, where no garage is provided, or 6 metres when a garage is provided, shall be provided and the first 2 metres of this access beyond the limit of the public road shall be paved.
Reason: In the interests of public safety and to prevent deleterious material being carried at the road.
NOTES
(1 1 Consultation was carried out in terms of Article 9 (1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. Two objections were received.
(2) The applicant should contact The West of Scotland Water Authority, Clyde East District, Melford Road, Righead Industrial Estate, Bellshill ML4 3JU so that details of the drainage layout may be approved and the necessary consents obtained in terms of the Sewerage (Scotland) Act 1968. 116
List of Background Papers
Application Forms and plans received 28/8/96 Finalised Wishaw Local Plan Consultative Draft of Motherwell District Local Plan Letter from West of Scotland Water received 23/9/96 Letter from Scottish Power received 23/9/96 Letter from British Gas received 23/9/96 Letter from The Coal Authority received 24/9/96 Letter from Mr A. Beattie received 16/9/96 Letter from Mr B. Connell dated 16/9/96
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 261 and ask for Mrs Parkes. 117
A PP LI CAT1ON N0. S/96/00503/0 UT
REPORT
1 .o APPLICATION SITE AND PROPOSAL
1.1 This outline application relates to the erection of a single dwellinghouse on an area of garden ground situated between two existing dwellings at Church Road, Bonkle. The application site has frontages onto both Church Road and Allanton Road.
The dwelling adjacent to the application site at no. 2 Allanton Road and those immediately to the North of the application site at nos. 3 and 5 Allanton Road are all Listed Buildings. Some mature trees and hedgerows fall within the boundaries of the application site.
2.0 PLANNING HISTORY
2.1 Outline planning permission has previously granted for this proposal in 1986, although this consent has now expired.
3.0 CONSULTATIONS
3.1 The Coal Authority, British Gas, West of Scotland Water and Scottish Power have no objections in respect of this proposal.
4.0 REPRESENTATIONS
4.1 Letters of objection have been received from the occupants of nos 2 and 3 Allanton Road. The grounds of these objections are that the proposed dwelling would have a detrimental affect on the natural environment of the village and would effect the view of the existing village from these dwellings. Loss of view, however, is not considered a valid ground for the refusal of planning permission.
5.0 PLANNING OBSERVATIONS
5.1 I am of the opinion that it would be possible to locate a new building at this gap site in the village centre, without causing a loss of amenity to neighbouring residents or the character of this historic area.
5.2 The site is 70 metres in depth which should allow adequate space for the appropriate siting of this dwelling and the protection of existing trees within the site.
5.3 Planning conditions may be used to ensure that the design of the proposed dwellinghouse is compatible with the character of historic buildings in the area and does not result in a loss of amenity to neighbouring properties.
6.0 CONCLUSIONS
6.1 I would therefore recommend that planning permission is granted, subject to the relevant planning conditions. 118
Application No. S/96/00512/FUL Date registered 30 August 1996 APPLICANT MR WATSON, 332 CAMBUSNETHAN STREET, WISHAW Agent DEVELOPMENT ERECTION OF SHED FOR NON-FERROUS METALS AND SPARE PARTS LOCATION 332 CAMBUSNETHAN STREET, WISHAW
Estimated Cost Ward No. 9 Grid Reference
File Reference GMc WJ M/3/5(81 )
Site History Planning consent refused for enlargement of existing yard for parking for vehicles, October 1968 (Appl. No. P208) Application withdrawn for alterations and modernisation of dwellinghouse, April 1979 Planning consent granted for erection of dwellinghouse and garage, October 1979 (Appl. No. 137/79)
Development Plan Residential, (Written Statement) Wishaw Local Plan
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection West of Scotland Water (Sewerage and Water) The Coal Authority SEPA (West Region) Conditions NLC Environmental Services No Reply
REPRESENTATIONS
Neighbours Section 23
COMMENTS This application seeks planning consent to erect a shed to store non-ferrous metals and spare parts at 332 Cambusnethan Street, Wishaw. Construction of the shed has begun and its main frame has already been erected. The applicant was unware that planning consent was necessary and due to a number of thefts has started work, in order to secure his site. No objections have been received in relation to his application. The site has been used for the operation of a scrap metal business for a number of years and the proposed development would replace a shed that had fallen into disrepair. It is considered that the proposal is acceptable as car parking, service delivery, access and manoeuvring 119 120
requirements would still be met. It is therefore recommended that planning consent is granted.
RECOMMENDATION
Grant, subject to the following conditions, viz:- (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 1972.
(2) That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
NOTES
(I) The applicant should contact The West Of Scotland Water Authority, Clyde East District, Melford Road, Righead Industrial Estate, Bellshill ML4 3JU so that details of the drainage layout may be approved and the necessary consents obtained in terms of the Sewerage (Scotland) Act 1968.
(2) Mining has taken place beneath this site at shallow depths and The Coal Authority consider it would be inadvisable to develop the land without seeking appropriate technical advice. If you want to do site investigations or treat any shafts, adits or shallow mineworkings you must contact:- Mr. G. Offen, Head of Mining Reports, The Coal Authority, Mining Reports Office, Ashby Road, Stanhope Bretby, Burton- on-Trent, Staffordshire, DE15 OQD (Tel: 01283 550606).
(3) Environmental Services have no objection to the proposal subject to its compliance with the relevant legislation. To ensure that the proposal will comply the applicant should contact Environmental Services, North Lanarkshire Council, Scomagg House, Crosshill Street, Motherwell, Tel: 01698 300201.
(4) SEPA (West Region) have no objection to the proposal subject to its compliance with the Waste Management Licensing (amendment etc) Regulations 1995. The applicant should contact the Scottish Environmental Protection Agency, Rivers House, Murray Road, East Kilbride to discuss the proposal and the implications of the above legislation on the development. 121
List of Background Papers
Application form and accompanying plans submitted 30th August, 1996 (Written Statement) Wishaw Local Plan Letter from West of Scotland Water (Sewerage and Water) dated 1st October 1996 Letter from The Coal Authority dated 4th October, 1996 Memo from NLC Environmental Services dated 10th October 1996 Fax from SEPA (West Region) dated 16th October 1996
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 260 and ask for Miss McKillop. 122
Application No. S/96/00516/FUL Date registered 5 September 1996 APPLICANT JAMES RAE, 20 AIRBLES CRESCENT, MOTHERWELL MLI 3AR Agent Clydesdale Conservatories, Unit 20, Netherdale Road, Netherton, Wishaw ML2 OER DEVELOPMENT ERECTION OF CONSERVATORY LOCATION 20 AIRBLES CRESCENT, MOTHERWELL MLI 3AR
Estimated Cost Ward No. 11 Grid Reference
File Reference GMcWJM/2/1/C (138)
Site History Planning consent granted to erect front porch, May 1992 (Appl. no. 163192) Planning consent granted for alteration and extension of dwellinghouse, September 1980 (Appl. no. 371/80)
Developmen t Plan Residential, (Consultative Draft) Motherwell District Local Plan
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours One letter of objection Section 23
COMMENTS This application seeks planning consent to erect a conservatory to the rear of 20 Airbles Crescent, Motherwell. One letter of objection has been received, the details of which are given in the accompanying report. I consider the proposal to be acceptable both in terms of design and impact upon neighbouring properties. I, therefore, recommend that planning consent is granted.
RECOMMENDATION
Grant, subject to the following conditions, viz:- 123 124
(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 1972.
(2) That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
NOTES
(1) Consultation was carried out in terms of Article 9(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. One objection was received.
List of Background Papers
Planning application and accompanying plans submitted 5th September, 1996 (Consultative Draft) Motherwell District Local Plan Letter from W.C.G. Swan dated 16th September 1996
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 260 and ask for Miss McKillop. 125
REPORT
1.o SITE AND PROPOSAL
This application seeks planning consent to erect a conservatory at 20 Airbles Crescent, Motherwell. It is a two storey semi-detached property, located within the Beechwood estate and is bounded on all sides by residential properties.
The proposal would be erected in the rear garden area of the property. It would bound an existing extension to the rear and would form the boundary between No’s 20 and 18 Airbles Crescent. The proposed conservatory would have a floor area of 13.5m2 and would extend approximately 4.5 metres into the rear garden area.
2.0 REPRESENTATIONS
2.1 One letter of objection was received in relation to this application from an adjoining neighbour. The grounds of objection are detailed below:-
. The proposal would reduce the objectors’ outlook from their dining room window; . The proximity of the proposal’s blank wall would result in loss of light to their
property I . The proposal would affect the sale of their property. . The proposal would cause additional overshadowing as it would extend beyond the existing extension. . The construction of the proposal would involve encroachment of their land . The proposal may cause drainage and infrastructure problems . The dividing wall is non reflective . The proposal would cause security problems as it would create a darkened come r.
3.0 OBSERVATIONS
3.1 Eight grounds of objection were raised by the adjoining neighbour. My consideration of each of these in turn is set out below.
3.2 I do not consider that the outlook from the objectors’ dining room window would be reduced as there is an existing 2 metre high dividing fence on this boundary which already obscures this view.
3.3 The proposal passes the Building Research Establishment’s (B.R.E.) sunlightldaylight test and would not result in any loss of light to the objectors’ property .
3.4 I note the objectors’ concern that the proposal would affect the sale of their property, however this is not a planning consideration.
3.5 The proposal would not cause additional overshadowing for the reason detailed in paragraph 3.3. 126
3.6 The objectors’ concern that the construction of the proposal would involve encroachment of their land is noted. This, however is not a planning consideration.
3.7 The objectors’ concern that the proposed development may cause drainage and infrastructure problems is noted. For this type of development these details are a requirement for a building warrant and would be dealt with by Building Control.
3.8 It is considered that as the proposal passes the B.R.E. test for suniighVdaylight the dividing boundary that the proposal would form is not required to be in a reflective material. It would be a requirement however that the facing materials to be used on all external walls and roofs shall be submitted to, and approved by the Planning Authority.
3.9 The proposal would not create a darkened corner and cause security problems as it passes the B.R.E. SunlighVdaylight test.
4.0 CONCLUSION
4.1 For these reasons, I consider the proposal to be acceptable both in terms of design impact upon neighbouring properties and therefore recommend that planning consent is granted. 127
Application No. S/96/00523/FUL Date registered 11 September: 1996 APPLICANT RONNIE McKEEVER, 16 FORTISSAT AVENUE, SHOTTS ML7 4EW Agent DEVELOPMENT CHANGE OF USE FROM OFFICE TO FITNESS CLUB LOCATION 114 MANSE ROAD, NEWMAINS
Estimated Cost Ward No. 16 Grid Reference
File Reference GMcWJM/3/70( 110)
Site History Planning consent granted for installation of shop front, subdivision of small unit and separation from upper floor, April 1988 (Appl. No. 68/88) Planning consent granted for change of use of premises to snooker and pool room, April 1983 (Appl. No. 19/83).
Development Plan Area of mixed land use (Written Statement) Wishaw Local Plan
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection
Conditions NLC Environmental Services No Reply
REPRESENTATIONS
Neighbours Section 23 One letter of representation
COMMENTS This application seeks planning consent for a change of use from office to fitness club at 114 Manse Road, Newmains. One letter of representation was received in relation to this application. N.L.C. Environmental Services had no objection to the proposal subject to its compliance with the relevant legislation. The main area of concern in relation to this application is the availability of car parking, however for the reasons contained in the accompanying report I recommend that planning consent is granted.
RECOMMENDATION
Grant, subject to the following conditions, viz:- 128 129
(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 1972.
(2) That the premises shall be used as a fitness club and for no other purpose (including any other purpose in Class 16 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1989), without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain control over future development of the site.
NOTES
(1) This application was advertised in terms of Section 23 of the Town and Country Planning (Scotland) Act 1972. One objection was received.
(2) Environmental Services have no objection to the proposal subject to it's compliance with the relevant legislation. To ensure that the proposal will comply the applicant should contact Envi ro nmen ta I Services, North Lanarkshire Cou n ci I, Scomag g House, Crosshill Street, Motherwell, Tel: 01698 300201.
List of Background Papers
Application form and accompanying plans submitted 11th September 1996 Letter from The Prince's Scottish Youth Business Trust dated 18th September 1996 Letter from Bank of Scotland dated 19th September 1996 Letter from applicant dated 12th October 1996 (Written Statement) Wishaw Local Plan Memo from NLC Environmental Services dated 7th October, 1996 Letter from Ness, Gallagher and Co., on behalf of Seith Wear Autos dated 20th September 1996
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 260 and ask for Miss McKillop. 130
REPORT
1 .o SITE AND PROPOSAL
1 .I The applicant seeks planning consent for a change of use from office to fitness club at 114 Manse Road, Newmains. The proposal would be located on the first floor of a two storey building above Spar Grocery.
1.2 The club would be made up of a cardio room, aerobic studio, seating area, beauty room, weights area, dressing rooms and reception. It would have one entrance/exit onto Manse Road.
1.3 The proposed development would be located within an area of mixed land use. It is bounded by a bakery to the east, Manse Road to the south, and by a jewellers to the west. To the north of the site the proposal would back onto auto-repair businesses. Access to these premises is cobbled and car parking is congested.
1.4 The applicant proposes to operate from 10 am to 9pm Mondays to Fridays and from 10 am to 4 pm on Saturdays and Sundays. The business would be based on membership,but would expect to attract passing trade as well.
1.5 The applicant has investigated a number of other gyms and expects to attract on average the following amounts of people per hour (p.p.h.):-
. Monday - Friday between 10 am - 5 pm: 4 - 8 pph . Monday - Friday between 5 pm - 9 pm: 10 - 15 pph . Saturday - Sunday all day : 5 -10 pph
1.6 Furthermore from this investigation it is expected that 95% of the customers that attend would work and of that 75% would attend after 5.00 pm.
2.0 CONS ULTATIONS
2.1 NLC Environmental Services had no objection to the proposal subject to its compliance with the relevant legislation.
3.0 REPRESENTATIONS
3.1 After consultation one letter of objection was received from an adjoining neighbour. The objector is concerned that the proposal may increase the use of the vehicular access to the rear of the property and that it would hinder the conduct of the objector's business.
3.2 If planning consent was granted, the objector would be satisfied, however, if a condition was included that would prevent the use of the access by patrons of the proposal.
4.0 OBSERVATIONS AND CONCLUSION
4.1 The proposed development cannot provide off-street parking facilities. The applicant has no entitlement to use the rear access and this area is already well utilised. Parking however is available at the shopping centre, to the west of the 131
premises, and there is additional parking at the Health Centre, within 100 metres of the proposal.
4.2 The main peak time for the club would be after 5.30 pm from Monday to Friday. Manse Road however, is a busy main road and is well used before and after 5 pm due to the mixture of shops and hot-food takeaways. It is likely that customers seeking these uses in the evening would not take the trouble to secure safe parking due to the short term nature of their parking whereas it is considered that members of the gym would seek more secure off street parking either at the shopping centre or the Health Centre, due to the long term nature of this activity
4.3 My records also indicate that these premises, without the provision of off-street parking, have operated successfully as a snooker and pool room (Appl. no. 19/83). This use and the proposed use fall within the same use category.
4.4 The objector's concern that the rear access would be used by patrons of the club is noted.The area is already well used by the objector's own business and others and it is unlikely that available space would be left to encourage this activity.
4.5 In regard to the incorporation of a condition to prevent the use of the access by members of the club it should be noted that this is not an enforceable condition and thus could not be included within any consent.
4.6 These premises have previously gained planning consent for a class 16. Furthermore the proposed development would bring into actual use a vacant upper floor property and although the applicant cannot provide off-street parking, the lack of these facilities, in a location such as this could not reasonably be used as a basis for refusal. I therefore recommend that planning consent is granted. 132
Application No. S/96/00532/F UL Date registered 13 September 1996 APPLICANT WILSON SUMMERS, 22 MOSSBANK ROAD, WISHAW ML2 8NB Agent A and A Neil Architects, 72 Berkeley Street, Glasgow G3 7DS DEVELOPMENT ERECTION OF DWELLINGHOUSE WITH INTEGRAL GARAGE LOCATION SITE ADJACENT TO NO. 22 MOSSBANK ROAD, WISHAW ML2 8NB
Estimated Cost Ward No. 9 Grid Reference
File Reference GMcK/JM/3/1(102)
Site History No significant planning history
Development Plan Residential (Written Statement) Wishaw Local Plan
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection West of Scotland Water (Water and Sewerage) The Coal Authority
Conditions Scottish Power No Reply British Gas British Telecom REPRESENTATIONS
Neighbo u rs Four letters of objection Section 23
COMMENTS This application seeks planning consent to erect a dwellinghouse with integral garage adjacent to 22 Mossbank Road. Four letters of objection were received from three adjoining neighbours and are detailed in my accompanying report. There were no objections after consultation. The proposal would be able to meet the requirements relating to access, parking, and garden ground. I consider the proposal to be acceptable both in terms of design and impact and recommend that planning consent is granted.
RECOMMENDATION
Grant, subject to the following conditions, viz- 133
--__------______---,r------134
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 1972.
That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
That no trees within the application site shall be lopped, topped or felled, and no shrubs or hedges, shall be removed from the application site, without the prior written consent of the Planning Authority.
Reason: To safeguard the amenity of the area.
That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the integral garage shall not be used as a habitable room, without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plot.
That a visibility splay of 2.5 metres by 20 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
That before the dwellinghouse hereby permitted is occupied, a dropped kerb vehicular access shall be constructed, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.
Reason: In the interests of public safety.
NOTES
(1) Consultation was carried out in terms of Article 9(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. Four objections were received.
(2) Before the start of any works affecting the public road the developer must obtain, from North Lanarkshire Council's Divisional Manager (South) a Road Opening Permit, granted under the terms of S56 of the Roads (Scotland) Act 1984. 135
(3) The applicant should contact The West Of Scotland Water Authority, Clyde East District, Melford Road, Righead Industrial Estate, Bellshill ML4 3JU so that details of the drainage layout may be approved and the necessary consents obtained in terms of the Sewerage (Scotland) Act 1968.
(4) Mining has taken place beneath this site at shallow depths and The Coal Authority consider it would be inadvisable to develop the land without seeking appropriate technical advice. If you want to do site investigations or treat any shafts, adits or shallow mineworkings you must contact:- Mr. G. Offen, Head of Mining Reports, The Coal Authority, Mining Reports Office, Ashby Road, Stanhope Bretby, Burton- on-Trent, Staffordshire, DE15 OQD (Tel: 01283 550606).
(5) Scottish Power have indicated that cable exists on this site and the developer should contact, Scottish Power, Power Systems, Western Region, Leven Street, Motherwell MLI 2RA, Tel: 01698 267341.
List of Background Papers
Application form and accompanying plans submitted 13th September 1996 Letter from agent dated 11 th October, 1996 (Written Statement) Wishaw Local Plan Letter from W.S.W. (Water and Sewerage) dated 24th September 1996 Letter from Scottish Power dated 24th September 1996 Letter from The Coal Authority dated 3rd October 1996 Letter from Mrs C. M. Hunter on behalf of Miss M MacGregor dated 16th September 1996 Letter from M. Chalmers dated 22nd September 1996 Letter from Mrs H. Hyslop dated 25th September 1996 Letter from Nimmo, Thomson and McLean on behalf of Mrs H Hyslop dated 2nd October 1996
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 260 and ask for Miss McKillop. 136
REPORT
1.o SITE AND PROPOSAL
1.1 The applicant seeks planning consent to erect a dwellinghouse with integral garage adjacent to 22 Mossbank Road, Wishaw. The proposed dwellinghouse would be two storeys in height and would be bounded by similar residential properties on all sides.
1.2 The proposal would have an integral garage and porch to the front of the dwellinghouse. The garage would be in line with 22 Mossbank Road and would back onto the rear garden of no. 18 Mossbank Road.
1.3 The proposed dwellinghouse would have three bedrooms and aside from the integral garage would be of, a similar style and appearance as the surrounding residential properties.
2.0 CONSULTATIONS
2.1 After consultation there were no objections to the proposal
3.0 REPRESENTATIONS
3.1 Four letters of objection were received from three adjoining neighbour in relation to this application. Their grounds of objection are detailed below:
The proposed dwellinghouse would be two storeys and would be too close to the boundary fence of no. 18 Mossbank Road. It would reduce residential amenity privacy and outlook. It would cause overshadowing. The plot was not intended to support two dwellinghouses. It would reduce off-street parking which in turn would restrict vehicular and pedestrian use of Mossbank Road. The proposal would establish a precedent. It has been the Council's policy to retain this area as a "scenic corner".
4.0 OBSERVATIONS
4.1 Seven grounds of objection were raised by adjoining neighbours in relation to the proposal. My consideration of each of these in turn is laid out below
4.2 The proposed dwellinghouse would be nine metres away from the boundary fence of no. 18 Mossbank Road. Furthermore there are a number of mature trees along this boundary and it is the applicant's intention to retain these trees as a screen between the two properties.
4.3 The applicant proposes to erect the dwellinghouse in his garden adjacent to his own dwellinghouse. The proposal aside from the integral garage would be of a similar style and appearance as the surrounding residential properties. Furthermore the gable elevation of the proposed dwellinghouse has been designed in such a way to ensure adequate privacy for the occupants of the adjoining property. 137
4.4 The size of plot that the proposed dwellinghouse would occupy would have an area of approximately 260m2 and would be in keeping to what a number of other properties within the area have.
4.5 The residential amenity of the adjoining properties would not be reduced as the orientation of the development is such that overshadowing would be minimised.
4.6 The surrounding area has a number of different types of house plot and it should be noted that corner house plots are considerable larger to others within the area. This proposal is not on an corner location and although it was not originally developed along with the existing estate, it is of an appropriate size to accommodate the proposed dwellinghouse.
4.7 The proposal is able to meet access and off-street parking requirements and is considered accept ab Ie.
4.8 This would be the first dwellinghouse to be developed outwith the original development of the estate. Certain criteria however have to be met relating to access, parking, and garden ground and it is considered that these can be achieved by the development. Any other application to be submitted would similarly have to meet these criteria.
4.9 The proposed site for the development is not on a corner location and would conform to local plan policy.
5.0 CONCLUSION
5.1 For the above reasons it is considered that the proposal would be acceptable both in terms of design and impact upon surrounding residential properties and therefore recommend that planning consent is granted. Application No. S/96/00549/FUL Date registered 20 September 1996 APPLICANT JOHN BARR, 48A CALEDONIAN ROAD, WISHAW ML2 8AR Agent MacFarlane & CO,48 Main Street, Wishaw ML2 7AB DEVELOPMENT STORE BUILDING ADDED TO EXISTING PREMISES LOCATION 48A CALEDONIAN ROAD, WISHAW ML2 8AR
Estimated Cost Ward No. 8 Grid Reference
File Reference GMc WJ M/ 10/35(225)
Site History Planning consent granted for change of use to food stuffs store, June, 7987 (Appl. no. 735/87)
Development Plan Area of mixed land, use (Written Statement) Wishaw Local Plan
Contrary to Dev. Plan No
CONSULTATIONS
Objection No Objection Conditions N.L.C. Environmental Services No Reply
REPRESENTATIONS
Neighbours One letter of objection Section 23
COMMENTS This application seeks planning consent to extend an existing food stuffs store at 48A Caledonian Road, Wishaw. One letter of objection has been received in relation to this application and is detailed in my accompanying report. NLC Environmental Services had no objection to the proposal subject, to its compliance with the relevant legislation. The proposed development is within an area of mixed landuse. Car parking, servicing , access and manoeuvring requirements would still be met. It is therefore recommended that planning consent is granted.
RECOMMENDATION
Grant, subject to the following conditions, viz:- 139 140
(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 1972.
(2) That the facing materials to be used for the external walls and roof shall complement in colour and texture those of the existing adjoining structure to the satisfaction of the Planning Authority.
Reason: In the interests of the visual amenity of the area
NOTES
(1) Environmental Services have no objection to the proposal subject to its compliance with the relevant legislation. To ensure that the proposal will comply the applicant should contact Environmental Services, North Lanarkshire Council, Scomagg House, Crosshill Street, Motherwell Tel: 01698 300201.
(2) Consultation was carried out in terms of Article 9(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992. One objection was received.
List of Background Papers
Application form and accompanying plans submitted 20th September 1996 (Written Statement) Wishaw Local Plan Memo from NLC Environmental Services Letter from Freelands on behalf of Mr lqbal dated 3rd October 1996
Any person wishing to inspect the above background papers should telephone Motherwell 251321 Ext. 260 and ask for Miss McKillop. 141
REPORT
1 .o SITE AND PROPOSAL
1.1 The applicant seeks planning consent to erect an extension to an existing food store at 48A Caledonian Road, Wishaw. The proposed development is located to the rear of a row of shops along Caledonian Road and is accessed via a close between no's 56 and 74 Caledonian Road.
I.2 The extension would be located to the rear of the site and would have a floor area of 32m2. It would have a butterfly roof with a valley gutter.
1.3 The proposal would be within an area of mixed landuse. It would back onto flats and would be fronted by shops, flats and offices.
2.0 CONSULTATIONS
2.1 Environmental Services had no objection to the proposal subject to it's compliance with the relevant legislation.
3.0 REPRESENTATIONS
3.1 One letter of objection was received in relation to this application. The objector's main concern is that the proposed development would diminish the area of ground at the rear of the shops which is used for traffic circulation, goods delivery and car parking. This in turn would have an impact on the amenity of the surrounding commercial premises.
4.0 OBSERVATIONS AND CONCLUSION
4.1 The proposed extension would be erected to the rear of the site and would have a floor area of 32m2. In comparison to the main store which has a floor area of 362m2 it is a relatively small extension. Furthermore it is considered that the proposal is acceptable as servicing, car parking, access and manoeuvring requirements can still be met.
4.2 Thus it is considered that the proposed extension is acceptable both in terms of design and impact and I recommend that planning consent is granted.