Application No: Proposed Development:

11100983lPPP Residential or Care Home Development (In Principle) Site Address:

Site South Of 238 Jerviston Street

Date Registered:

27th September 201 1

Applicant: Agent: Tata Steel UK lan Gallacher Clo Agent GVA 206 St Vincent Street Glasgow

Application Level: Contrary to Development Plan: Local Application Yes

ward: Representations: 01 7 North 8 letters of representation received. Annita McAuley, Helen McKenna, Peter Nolan, and a letter from a Local Member. Gordon Stewart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal is considered to be an acceptable departure from the terms of the development plan as, while it is contrary to the Southern Area Local Plan 2008, it accords with the Finalised Draft Local Plan 2009 as it could be accommodated without detriment to the residential amenity of area subject to further assessment at the matters specified by conditions stage. 1 * 8 Representations received and a letter from a Local Member.

PLANNINO APPLICATION 11 I981 I PPP Tata Steel UK Produoad by Site South Of 238 Jervlston Street, New Stevenston, Nom harhhlra Coundl Mothemell Pknnlngand krulrmmam i3parIrnnt Residential Development and I or Care Home Development wlth Associated Access and Landscaphg A td OIOW 27427 *Representation im 01606 403063 Proposed Conditions:-

1. That before the development hereby permitted starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters:- (a) the siting, design and external appearance of the proposed dwellings or care home and other structures: (b)the means of access to the site; (c)the layout of the site with parking provision to the Council’s standards (d)the details of the hard and soft landscaping of the site; (@thedesign and location of all boundary walls and fences; (f)details of existing and proposed site levels with particular regard being paid to the visual mitigation of any retaining feature which may be required depending on proposed site levels; (g)the provision of drainage works; (h)the disposal of sewage:

Reason: To enable the Planning Authority to consider these aspects in detail and to protect the visual amenity of the nearby site of importance for nature consewation.

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

Reaeon: To accord with the provisions of the Town and Country Planning () Act 1997 as amended by Planning etc (Scotland) Act 2006. 3. That the development hereby permitted shall be started, either within three years of the date of this permission, or within two years of the date on which the last of the matters specified by condition are approved, whichever is the later. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by Planning etc (Scotland) Act 2006.

4. That notwithstanding the requirements of condition (1) above, the site shall be accessed by a single 5.5 metre wide carriageway with a visibility splay of 4.5x90m, and shall incorporate an internal turning facillty, to 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 pedestrian safety and residential amenity.

5. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.

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

6. That within 4 weeks of the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

8. That any remediation works identified by the site investigation required in terms of Condition 7,shall be carried out to the satisfaction of the Planning Authority. Before the development is occupied a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

9. For the avoidance of doubt, no approval is hereby given for the submitted indicative layouts.

Reason: In order that the Planning Authority can consider the design and layout in detail.

10. That the design and layout of the dwellings or care home hereby permitted shall:

a) reflect and complement the local character of the surrounding area in its height, scale, design and use of building materials. b) have regard to the Council's Guidance on Open Space requirements for residential dwellings. c) have regard to the Council's Guidance on parking provision for residential dwellings on the minimum basis of Flatted dwellings 1-2 bedroom (2 spaces), 3-4 bedroom (2 spaces); Houses: 1-2 bedrooms (2 spaces), 3-4 bedroom (3 spaces), 5+ bedrooms (4 spaces) d) have regard to the existing streetscene and incorporate active frontages on gables where they adjoin the new residential road especially at the site entrance.

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

11. That no part of the development hereby permitted shall exceed a single story in height but it may include attic accommodation.

Reason: To safeguard the character and visual amenity of the surrounding area and to safeguard the amenity of the adjoining residential properties.

12. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt the dwellings, or care home, hereby permitted shall incorporate materials such as sandstone quoins, light render on the walls and natural slate, or synthetic equivalent, on the roof.

Reason: To enable the Planning Authority to consider these aspects in detail and ensure the materials integrate with the existing streetscene and location.

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

Reason: To ensure the provision of satisfactory drainage arrangements. 14. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.

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

15. That the SUDS compliant surface water drainage scheme submitted in terms of Condition 14 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before any of the residential properties hereby approved are occupied, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance prior to the development being brought into use

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

16. That as part of any detailed or matters specified in conditions application, details of the boundary treatment and site entrance feature shall be submitted to and approved by the Planning Authority and shall be constructed BEFORE the development hereby permitted is occupied. For the avoidance of doubt the design shall incorporate a combination of soft landscaping and wall or wall with decorative railings along the frontage of the site.

Reaaon: In order that the Planning Authority can consider the design and layout in detail.

17, That as 6 months or more has elapsed since the timing of the initial protected species survey dated November 201 0 hereby approved, before development commences, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

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

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing. (b) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before care home is in operation or last house is occupied.

Reason: To enable the Planning Authority to consider these aspects in detail. IQ. That all works included in the scheme of landscaping and planting, approved under the terms of condition 18 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the operation of the care home or occupation of the last house within the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

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

20. That none of the trees identified in the Waterman Energy Arboricultural Report dated November 2010 shall be lopped, topped, felled, or otherwise affected, without the prior written consent of the Planning Authority.

Reason: To protect the woodland within the site,

21. That BEFORE the development hereby permitted starts tree protection measures in accordance with British Standards BS 5837 shall be erected along the drip line of the trees, as shown on the Waterman Energy Arboricultural Report dated November 2010, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect the woodland within the site.

22. That notwithstanding the terms of condition 1, the further application requlred shall include the following ngise attenuation measures outlined by Paul Horsley Acoustics Limited report of the 18 November 201 1:

0 The fabric of the new build will have a minlmum of Rw 40 dB. 0 The glazing specification recommended is 4-16-4 float glass-air-glass com bination

and BEFORE the development hereby permitted is occupied certification from a suitably qualified noise consultant shall be submitted confirming that the attenuation measures have been fully incorporated into the development.

Reason: In the interests of the amenity of the future residents Backaround PaDers:

Representation Letters

1 Letter and 1 online comment from Mr & Mrs W Gordon, 1 Cobbleton Road, New Stevenston, Motherwell received 18th October and 7'" December 201 1 Letter from Mr & Mrs Speirs, 160 Jerviston Road, Cleekhimin, Motherwell received 25th October 201 1 Letter from Jean Perrie, 154 Jerviston Road, Cleekhimin, Motherwell received 21'' October 201 1 Letter from Joseph Mitchell, 152 Jerviston Road, Cleekhimin, Mothetwell received 21 " October 201 1 Letter from Ms A Hamilton, 150 Jerviston Road, Cleekhimin, Motherwell received 24th October 201 1 Letter from Mr & Mrs John Crisp, 238 Jerviston Street, New Stevenston, Motherwell received 18th October 201 1 Letter from Mr & Mrs J Watson, 134 Jerviston Road, Cleekhimin, Motherwell received 24th October 201 1 Letter from Councillor McKenna, North Lanarkshire Council, Member Services, Civic Centre received 14th November 201 1

Consultation Responses:

2 Letters from Scottish Power Energy Networks received 24'h October 201 1 Memo from Transportation received 25'h October 201 1 Memo from Protective Services received 8'h November 201 1 Memo from Greenspace received 1Oth November 201 1 Letter from Scottish Water received 30thSeptember 201 1 Letter from Scottish Gas Network received 1gth October 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01698 2741 04

Report Date: gthJanuary 201 1 APPLICATION NO. 11/00983/PPP

REPORT

1. Site Description

1.1 The application site is approximately 1 hectare of land in the north eastern corner of Colville Park Golf Course and comprises of established woodland and scrub. The site is bounded by housing to the north and east and the golf course and woodland to the south and west.

2. Proaosed Developmenf

2.1 Planning permission in principle is sought for a residential or care home development accessed from Jerviston Street. Three indicative layouts have been submitted, one containing 19 detached and semi detached dwellings, one with 30 terraced dwellings and another showing a 72 bed care home development.

3. Awlicant’r Sumortincl information

3.1 In addition to the application form and plans a supporting planning statement, an arboricultural survey, an ecology survey, a habitat survey, a mining investigation report, a preliminary geo-environmental risk assessment and noise impact assessment have been submitted in support of the application.

3.2 The planning statement includes a summary of findings that the developer considers are particular to the site and that the proposed development may be justified for the following reasons:

a) The applicant has been promoting the land for development through the local plan process since 2004 and the emerging local plan removes the site from the greenbelt. b) The proposal is acceptable when tested against the Development Plan and material considerations. c) The potential income from the development will be reinvested into the golf club benefitting the members and wider community. d) The application site is overgrown ground which serves no function within the golf course.

4. Site HistQLy

4.1 Planning permission was refused on the 14‘h April 2003 for alterations to the golf course and residential development (planning reference 02/00198/OUT) on the grounds that the site was Green Belt and that insufficient justification existed for a residential development.

5. Develoament Plan

5.1 The site is zoned as ENV 6 (Green Belt) in the Southern Area Plan 2008.

5.2 The slte is designated as Policy HCFlA (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan 2009.

8.

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

i. Transportation raised no objections subject to minimum visibility splays being achieved at the access, minimum parking standards achieved and the internal layout being designed in accordance with Guidelines for Development Roads 1986. ii. Protective Services raised no objections subject to conditions to secure that the recommendations of the noise impact assessment be incorporated into the design and requiring a site investigation. iii. Scottish Power Energy Networks object to the development as they have a low voltage overhead line within the vicinity of the development. iv. On receipt of the ecology surveys Greenspace raised no objections and recommended conditions relating to further pre construction surveys for badgers. They also recommended that a pedestrian linkage to Cobbleton Road be incorporated into the design and that a large oak tree on the western boundary be retained.

7. Rewesentatlone

7.1 Following the neighbour notification and press advertisement 8 letters of representation have been received and 1 letter from a local member requesting a site visit and hearing. The comments can be summarised as follows:

i, There are already several brownfield sites identified for housing in the area and applications approved for care homes which have yet to be developed and it is considered that there is no need to develop this Greenfield land. ii. The financial proceeds of selling the site for housing will only benefit the golf club members and the proposal will not benefit the wider community or local residents. Other goif clubs are forced to raise funds by methods other than selling off their land. iii. In order to accommodate the development a valued area of woodland which is home to a varlety of species and wildlife will requlre to be removed to the detriment of the local environment. iv. The potential for stray golf balls hitting the proposed houses raises health and safety issues. V. The removal of the woodland could increase vermin in the surrounding area. vi. Japanese Knotweed is present in the site, vii. The construction work will cause dlsruption to surrounding properties. viii. The current housing and care industries are experiencing problems and a small developer of this nature at this site is unlikely to be able to compete with larger developments in the area. ix. The proposal would increase congestion on the local road network, leading to parking problems, air pollution and create a new access which would be detrimental to road safety. X. The proposal would reduce the privacy currently enjoyed by surrounding dwellings. xi. The ground is not suitable for development as the area experiences drainage and ground stability problems with known mineshafts entries in the site and uncertainty exists if recent works have addressed this properly. The proposal will make the problems worse for surrounding properties and the buildings on site will be impossible to sell leading to a derelict development. xii. The view existing houses currently enjoy of the Clyde Valley and golf course will be restricted and in some cases blocked. xiii. The land which forms the application site was given to the people of Motherwell as a gift from the Colville family and shouldn't be sold. There is scope for Leslie House care home, which is within 1 mile of the proposal, to be renovated and reused rather than another private care home. xiv. The land has been re-zoned as a favour for the applicant rather than for planning reasons. xv. The proposal doesn't comply with government policy. xvi . Clarification is sought on the monitoring points employed by the acoustic consultant for the noise assessment as he was sighted taking recordings from Cobbleton Rd which is less likely to experience noise pollution than from Jerviston Street. 8. Plannina Assessment

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

8.2 DeveloDment Plan: The Development Plan consists of the Glasgow and Clyde Valley Joint Structure Plan 2000 and the Southern Area Local Plan 2008.

8.3 Glasgow and Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008): Structure Plan Strategic Policy 1 (Strategic Development Locations) identifies areas for future urban expansion. The site lies within an area zoned as Green Belt in the Southern Area Local Plan 2008 and while the emerging North Lanarkshire Local Plan 2009 designates it as an established residential area it does not form part of a community growth area and does not accord with Policy 1.

8.4 The Structure Plan Strategic Policy 6 (Quality of Life and Health of Local Communities) indicates that the quality of life and health of the communities will be supported through providing housing opportunities to meet the requirement for a continuing 5 year effective owner occupied land supply. Schedule G(b)(ii) details additional housing supply requirements. There is no recognised shortfall in housing at this location and the proposed development must be assessed against Strategic Policy 9. 8.5 Strategic Policy 9 - Assessment of Development Proposals: Strategic Policy 9 B (ii) seeks to safeguard the Glasgow and Clyde Valley Green Belt. Strategic Policy 9 B (v) also covers the location of the development in terms of the need to avoid sporadic development in the Green Belt and the wider countryside. If proposals fail to meet the criteria set out in this policy they will be regarded as a departure from the Development Plan and require to be justified against Strategic Policy 10. The emerging plan identifies the site as an established housing area however the adopted plan designates it as Green Belt and with no adequate justification in terms of the specified criteria, the proposed development is a departure from the Development Plan and requires to be justified against Strategic Policy 10.

8.6 Strategic Policy 10 - Departures from the Structure Plan: Where development is deemed to be a departure from the Structure Plan, there is a further opportunity to demonstrate appropriateness in Strategic Policy 10 (Departures from the Structure Plan). In this regard, the proposals would require support, most notably under SPlO A (ii) and (v) or SPlOB (i), (ii) or (iii). In terms of need, there is no clear shortfall in the existing or planned supply of housing development within the appropriate Market Area as noted in Schedule G(b)(ii). There is also no specific locational need for a residential development of this scale in this area, therefore, it is considered that this particular proposal cannot be justified under SPlO A. Turning to appropriate benefit criteria of SPlOB, the development would have a positive impact on the employment associated with the construction of a housing or care home development of this scale although it is noted that this would be temporary. The care home would enhance community facilities in the area and there may also be a small increase in net permanent jobs in the immediate area albeit, these cannot be guaranteed due to the speculative nature of the proposal. The proposal represents an environmental benefit with regards to the protection of the green belt as identified in the emerging local plan and the changing designation to housing demonstrates the capacity of the settlement to absorb an additional residential site. There is also potential that investment in an actively managed landscape scheme, including the retention and protection of some of the best trees, would enhance the neighbouring golf course and wider residential area. Other supporting documents i.e. the SUDS and Drainage Strategy suggest that appropriate mitigation measures could be introduced to minimise or neutralise the impacts. In conclusion, the proposals could not be justified under SP1 OA, however, there are benefits associated with the development under SP1 OB. The economic, social and environmental benefits of the development are more applicable in this instance and, on balance, are considered to outweigh any shortfall in supply or specific locational need, As such the proposals are an acceptable departure under SP10.

Adopted Local Plan

8.7 The site is zoned as ENVG (Green Belt) in the Southern Area Local Plan 2008 which seeks to protect the character and function of the Green Belt and there is a presumption against development other than that which relates to agriculture, forestry, the generation of power from renewable energy sources, outdoor teisure and recreation, telecommunications or other appropriate rural uses, seeking to direct development to brownfield sites. The development is not an appropriate Green Belt use and is therefore contrary to policy ENVG.

8.8 Policy HSG 11 (Housing in the Green Belt and Countryside) considers a number of criteria the Council will consider when determining proposals for new houses in the Green Belt, New houses, which do not form replacement dwellings, will only be permitted where there is a proven operational need in accordance with policy ENVG (Green Belt). The applicant has failed to adequately justify the proposal on grounds of specific locational need. The proposal therefore does not comply with policy HSG11 in this respect.

8.9 Policy TR 13 sets criteria relating to road and pedestrian safety, parking and servicing. As mentioned above Transportation raised no objections to the proposed development in principle subject to further assessment of the detailed layout which would require to be submitted at the matters specified by conditions stage

Finalised Draft North Lahire Loca I Plan:

8.10 The Finalised Draft North Lanarkshire Local Plan (FDNLLP) is a material consideration in the assessment of this application and zones the area as HCFlA Protecting Residential Areas. This policy requires the proposed residential development to be assessed in terms of its impact upon residential amenity and against policies DSPl (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). The application site is located adjacent to a residential area, therefore subject to detailed design and layout considerations, the proposed use of the site for residential purposes would not detract from the amenity of the area. With regards to DSPl and DSP2 the site is considered to be an appropriate location for new residential development and the nature and scale of the proposals is considered to be consistent with the established pattern of development in the area. The principle of residential use is therefore considered to be acceptable and conditions are proposed that ensure an appropriate density and layout for the character of the area. In relation to DSP3 (Impact of Development), as indicated above, it is considered that a residential or care home development could be accommodated at the site without detriment to the amenity of surrounding houses, subject to the detailed assessment at the matters specified by conditions stage. With regards to DSP4 (Quality of Development), the site is currently overgrown and enclosed to the public with a palisade security style fencing. Conditions are recommended requiring the design to complement the character of the surrounding area and for a good quality landscaping scheme including the retentlon of mature trees within the site and appropriate boundary treatment. In conclusion, the principle of a residential or care home development is acceptable in principle when considered against the emerging plan subject to conditions,

8.1 1 With regard to the consultation response from Protective Services, a planning condition is recommended in relation to the submission of a site investigation, In relation to the response from Greenspace Services conditions are proposed requiring submission of further survey information, and if required, mitigation details in relation to any habitats found within the site prior to the start of development, the retention of trees, provision of bat and bird boxes and a landscaping scheme.

ReDresentations:

8.12 In relation to the points of objection, I would comment as follows:-

i. It is noted that the land is currently Green Belt however, as detailed in paragraph 8.10, it is zoned as an established housing area in the emerging plan and the size of the site is such that it is not considered to have a significant impact on the wider housing land supply. ii. With regards to the financial benefit to the applicant this is not a material planning consideration. With regards to the benefits to the wider community, as detailed in paragraph 8.10, it is considered that the proposal can be accommodated without detriment to the surrounding area subject to further assessment at the detailed stage. iii. In relation to the environmental impact of the proposal, ecology and tree surveys have been submitted in support of the application and conditions are attached requiring the retention of as many trees as possible, that a landscaping scheme be submitted and best practice with regards to construction and protected species. iv, v, vi, viii With regards to health and safety issues, vermin, construction distubance and the presence of Japanese knotweed, these are not material planning considerations. viii. Private competition within industry is not a material planning consideration. ix. With regards to Transportation issues, as discussed above in paragraph 8.9, the proposal is considered to be acceptable subject to a detailed assessment at the matters specified by conditions stage, X. In relation to the impact on privacy, this will also be assessed at the matters specified by conditions stage. xi, With regards to the alleged ground stability and mineral history, as detailed above in paragraph 3.1, the applicant has submitted the required surveys and appropriate conditions may be imposed to secure site stability. xii. The impact of the development on the view currently enjoyed by existing houses is not a material planning consideration. xiii. In relation to the ownership, the applicant has submitted the relevant certificate as part of their application and the presence of another care home in the vicinity is not a material consideration. xiv. The policy designation for the site contained in the Finalised Draft Local Plan was arrived at following the Local Plan process and associated publicity, there were no objections recelved from neighbouring properties. xv. With regards to the relevant policy for the site, as detailed in paragraphs 8.2- 8.10, the proposal is considered to be acceptable. xvi . The noise report contained measurements from different parts of the site however the main monitoring point used is detailed in appendix A, which is the position which is likely to be the most affected. As detailed above Protective Services are satisfied with the findings,

9. Conclusions

9.1 In conclusion, the proposal is considered to be an acceptable departure from the terms of the development plan as, while it does not accord with the Southern Area Local plan 2008, it is in compliance with the Finalised Draft North Lanarkshire Local Plan 2009. It is therefore recommended that the application be granted subject to conditions.

9.2 It should be noted that a local member has requested that a site visit and hearing undertaken prior to the determination of the application.