Appiication No: Proposed Development:
12/00807/FUL Erection of Shop & 2 Flatted Dwelllngs Site Address:
Site To Rear Of 123-125 Main Street overtown MUOQF
Date Registered:
20th July 2012
Applicant: Agent: IN1 Enterprises Architectural Design Practice Ltd 1598 Netherton Road Unit 27 Wtshaw Carfin Industrial Estate Motherwell ML1 4UL
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 020 W ishaw 46 letters of representation and a petition Marion Fellows, Jlm Hume, Samuel Love, Frank containing 179 signatures received. McKay,
Recommendation: Approve Subject to Conditions
Reasoned Justlficatlon:
The proposed development is considered to be acceptable in relation to the relevant policies of the Southern Area Local Plan and the Finalised Draft North Lanarkshlre Local Plan. The proposal can be accommodated without detrlment to the surrounding area.
Proposed Condltlon8:-
1. That the development hereby permitted shall be started within three years of the date of this permisslon.
Reason: To accord with the provisions of the Town and Country Plannlng (Scatland) Act 1907 (as amended by the Planning etc (Scotland) Act 2006. 2. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Plannlng 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.
3. That, except for the terms of conditions (4), (ll),(13), (17) and (19) below, or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings submitted as part of the application and no change to those details shall be made without prior wrltten approval of the Planning Authority.
Reason: To clarify the drawings on which this approval of permisslon is founded.
4. That notwithstanding the details shown on the approved plans BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement the roof of the building shall be finished in flat profiled grey tiles and the walls in synthetic stone or render in a colour similar to adjacent buildings.
Reason: In the interest of visual amenity by ensuring that external materials are appropriate for the site and for the general area.
5. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out In accordance with current best practice advice, such as BS 10175 : 'The investigation of Potentially Contaminated Sltes' or CLR 11. The report must include a site speclflc risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required Reason: To ensure that the site is free of contamination in the interests of the safety of future users of the site. 6. That prior to the development being brought into use, any remediation works Identified by the site investigation report required in terms of Condition 5 above shall be completed and a validation report by an appropriately qualified environmental engineer shall be submitted to the Planning Authority confirming that the remediation works identified within the site investigation report required in terms of Condition 5 have been carried out in accordance with the terms of the Remediation Strategy to the satisfaction of the Planning Authority.
Reason: To ensure the site Is free of contamination In the interests of the safety of future users of the site. 7. That PRIOR to the commencement of development, the applicant shall provide written conflrmatlon 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.
8. 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.
9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 shall be implemented contemporaneously with the development in so far as is reasonably practical. Before the development hereby permitted is brought into use, a certificate (signed by a Chartered Civil Englneer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
10. That before the development hereby permitted starts a plan detailing a right turn storage bay heading north on the A71 shall be submitted to and approved in writing by the Planning Authority and prior to construction work commencing upon the application site the approved revised lining scheme, including the right turn storage bay, shall be completed, at the applicant's expense, to the satisfaction of the Planning Authority.
Reason: In the interests of traffic safety and in order that the flow of traffic on the public road is not impeded.
11. That before construction work commences upon the application site, the dropped kerb vehicle access, as shown on the approved plans, shall be completed to the satisfaction of the Planning Authority.
Reason: In the interests of traffic safety and in order that the flow of traffic on the public road Is not impeded. 12. That before the development Is brought into use the associated parking and manoeuvring area as shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shalt, thereafter, be maintained as parking and manoeuvring areas. Reason: In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking provision and in the interests of the visual amenity of this location. 13, That notwithstanding the detaib shown on the approved plans 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, grass seeding and turfing; (b) a scheme of planting along the boundary that adjoins Main Street, icorporating details of the location, number, variety and size of trees and hedging to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. Reason: In the interests of amenity and in consideration of the desirability of tredhedging planting/retention to help integrate the new development into the area.
14. That the scheme of landscaping and planting, approved under the terms of condition 13 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the development being brought into use. Any trees, hedging or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.
15. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and wails to be erected on the site shall be submitted to, and approved in writing by the Planning Authority. Notwithstanding the details shown on the approved plans a wall/railing shall be erected along the front boundary of the landscaped area at the front of the site at a height of 1 metre.
Reason: To enable the Planning Authority to cbnsider these aspects in detail.
16. That BEFORE the development hereby permitted is brought into use, ail the fences, or walls, as approved under the terms of condition 15 above, shall be erected.
Reason: In the interests of visual amenity.
17. That deliveries to the site shall be restricted to between 0900 and 2100 hours Monday- Sunday, unless otherwise agreed in writing by the Planning Authority.
Reason: To safeguard the residential amenity of the area.
18. The design, instailation and operation of any air condition / ventilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level assessed with the windows open, within any dwelling or noise sensitive building in excess of the equivalent to Noise Rating Curve (NRC) 35 between 07.00 hours and 22.00 hours and NRC 25 at all other times
Reason: In the interests of the residential amenity of the surrounding area.
19. That BEFORE the development herby permitted starts, a detailed drawing showing the location and design of the proposed bin stores and boundary enclosures shall be submitted to and approved in writlng by the Planning Authority. The approved bin store and enclosures shall be completed before the development hereby permitted is brought into use.
Reason: To allow the Planning Authority to consider these aspects in detail and in order to protect the amenity of adjacent residents. 20. That within 4 weeks of the development hereby permitted being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To monitor the development, to enable the Planning Authority to retain effective control.
21 I That notwithstanding the details shown on the approved site pian, no permission is hereby approved for the free standing sign and that prior to its installation the appropriate application for advertisement consent requires to be submitted and approved by the Planning Authority. Reason: To enable the Planning Authorky to consider these aspects in detail.
Repreeentation letters
Letter from Mrs Gill Graham, 131c Main Street, Overtown, Wishaw received 2nd August 2012 Letter from Mr Robert King, 8 Garrlon Street, Overtown, Wishaw received 2nd August 2012 Letter from Mr Arif Baig, 82-84 Main Street, Overtown, Wishaw received 13*, athand21" August 2012 Letter from Mr lain MacBean, 128 Main Street, Overtown, Wishaw ML2 OQP received 14th August and 1Oth September 201 2 Letter from Margaret Toner, 27 Garrion Street, Overtown, Wishaw received 15th August 201 2 Letter from Rhona Campbell, 4 Garrion Street, Overtown, Wlshaw received 15th and 20th August 201 2 Letter from Mrs Roberta Hutton, 84a, Main Street, Overtown received 1 and 20thAugust 201 2 Letter from M Kaleem, 353A Shields Road, Motherwell, received 17th August 2012 Letter from Miss Nicole Young, 32 Reid Grove, Mothetwell, ML1 2DQ received 19th August 2012 Letter from Mr Harpal Singh, 69 Russell Street, Wishaw, Lanarkshire received 19th August 2012 Letter from I Carr, 9 Main Street, Wishaw, North Lanarkshire received 20th August 2012 Letter from J Gilmour, 14 Gillburn Street, Overtown, Wishaw received 20th August 2012 Letter from Mr W MacFarlane, Flat D 6 Bentfoot Road, Overtown, Wishaw received 20th August 2012 Letter from M McCaffer, 14 Greenknowe Street, Overtown, North Lanarkshire received 20th August 2012 Letter from E Robeftson, 8 Gillburn Street, Overtown, Wishaw received 20th August 2012 Letter from Mr A Kerr, 57 Jennie Lee Drive, Overtown, Wishaw received 20th August 2012 Letter from Mr W Alien, 56 Bentfoot Road, Overtown, Wlshaw received 20th August 201 2 Letter from E Blyth, 7 Birkshaw Tower, Birkshaw Place, Gowkthrapple received 20th August 201 2 Letter from L Campbell, 179 Stonefield Road, Blantyre 072 9SD received 20* August 2012 Letter from Mr J Cuiien, 18 Birkshaw Tower, Blrkshaw Place, Gowkthrapple received 20th August 2012 Letter from Mr N Cuthbertson, 9 Birkshaw Tower, Birkshaw Place, Gowkthrapple received 20th August 2012 Letter from Mr I Hughes, 12 Garrlon Street, Overtown, Wishaw received 20th August 2012 Letter from S Javed, 2 Campsie View, Hamilton, ML3 8PS received 20th August 2012 Letter from Mr P Rourke, 5 Rhu Quadrant, Overtown, North Lanarkshire received 20th August 2012 Letter from I Russell, 30 Birkshaw Tower, Birkshaw Place, Gowkthrapple received 20th August 2012 Letter from Mr J Rutherford, 2 Lashley Grove, Overtown, Wishaw received 20th August 201 2 Letter from J Singh, 70 Caledonian Road, Wishaw, North Lanarkshire reWi~8d2Orh August 2012 Letter from David Watson, 3a Gill Road, Overtown, received 20* August 2012 Letter from Dr Naureen Baig, 82-84 Main Street, Overtown Wishaw, ML2 OQF received 20th August 201 2 Letter from M & A Marshall, 89 Main Street, Ovettown, Wishaw received 21st August 2012 Letter from A Marshall, 10 Garrion Street, Overtown, Wlshaw received 21 st August 2012 Letter from C Nelson, 35 Belmont Street, Overtown, Wishaw received 22nd August 2012 Letter from C Rae, 12 Overdale Place, Overtown, Wishaw received 22nd August 2012 Letter from Mrs Campbell, 3 Covenanters Way, Overtown, Wishaw received 22nd August 2012 Letter from Mrs M McCarte, 9 Bentfoot Road, Overtown, Wishaw received 22nd August 2012 Letter from Mr 0 Toner, 1 Bruce Loan, Overtown, Wishaw received 22nd August 2012 Letter from Mr S Hutchison, 22A Main Street, Overtown, Wishaw received 22nd August 2012 Letter from Mr S Robertson, 83 Jennie Lee Drive, Overtown, Wishaw received 22nd August 2012 Letter from J Douglas, 41 Main Street, Overtown, Wishaw received 21st August 2012 Letter from A Welsh, 1 Belmont Street, Overtown, Wishaw received 22nd August 2012 Letter from Overtown and Waterloo Community Council received on the 5" September 2012.
Petition containing 179 signatures received 20th August 2012
Consultation Responsea:
Memo and email from Transportation received 4* September 201 2 Memo from Protective Services received 9* August 2012 Letter from Scottish Environment Protection Agency received 31 July 201 2. Letter from Scottish Water received 7IhAugust 2012
Contact Informatlon:
Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236 632503
Report Date: i71hSeptember 2012 APPLICATION NO. 12/00807/FUL
REPORT
1.
1.1 The application relates to a gap site on Main Street (A71), Overtown. The application site extends to 1,497 square metres and is bounded to the north by a single storey dwelling, to the east by the garden ground of the two storey dwellings on Garrion Street, to the south and west by two storey commercial properties with residential properties on the first floor. Overtown Community Centre and its car park are located on the opposite side of Main Street. The site is relatively level and an informal access exists onto Main Street in the north western section of the site, The existing boundary treatment consists of a 1,8 metre high timber fence to the east and by a wall approximately 1.8 - 2 metres to the north. Vegetation on the site consists of mature shrubs on the southern and northern boundaries with a grassed area in the eastern section of the site and a combination of hard core and tarmac on the western section of the site. A servitude right of access for pedestrian and vehicular trafflc dissects the site from Main Street linking into the service area of the public house. At present the site is partly used as an informal parking area for the existing adjacent shops.
2.
2.1 Planning permission is sought for a mixed use development comprising of a retail unit on the ground floor with two, two bedroom flatted dwellings on the first floor. Vehicular access is to be taken from a newly formed 6 metre wide dropped kerb access linking into the parking and servicing area for the development. The building is to be single storey with attic accommodation measuring 3 metres to the eaves and 7.5 metres to the ridge, The frontage of the building is to measure approximately 23 metres and is to consist of a modem glazed sectional shop front and a centrally located entrance. Two dormer windows are proposed on the front elevation with two double width dormer windows being located on the rear elevatlon. Materials are to consist of grey concrete roof tiles, white upvc windows on the dormers, a green aluminium shop front. The front elevation is to be finished in Ashlar stone with the side and rear elevations having a rendered finish. An ATM is also to be installed on the shop front. The retail floorspace is to measure 190 square metres, exclusive of storage space. The building would be set back 20 metres from Main Street with the car parking situated to the front of the site. The car park would be set back from Main Street by an area of landscaping equal in depth to the adjacent buildings. In total 4 car parking spaces will be allocated for the resldentlal properties with 11 spaces being allocated for the retail unit. A service vehicle turning facility Is to be provided at the north eastern section of the site, The open space associated with the residential dwellings equates to 82 square metres and would be located in the eastern section of the site. 3. Amllcent’s SuoPortina Information 3.1 No additional information has been submitted in support of the application. 4. Site Histggy 4.1 No relevant site history.
5.
5.1 The site is zoned as HSG2 (Housing Development Opportunities) in the Southern Area Local Plan 2008.
5.2 The site Is zoned as HCF 1A (Residential Amenity) In the Finalised Draft North Lanarkshire Local Plan. 6. Conlrultatio na
6.1 Transportation has raised no objections to the proposed development and have advised that the entrance to the site will require to be monitored in order to determine if alterations are required to the road markings on Main Street.
6.2 Protective Services have raised no objections to the application subject to the submission of a site investigation report, including if required, remediation measures prior to the start of works on site and for delivery times and noise from air condition unitdextraction units being appropriately conditioned.
6.3 Scottish Water and the Scottish Environmental Protection Agency have raised no objections,
7. pewesentatione
7.1 Forty six letters of representation from forty two parties have been recelved following the neighbour notification and press advertisement procedures and a petition containing 179 signatures has also been received. One of the letters has been submitted by Overtown and Waterloo Community Council. The objections have been summarised below:
a. The proposed shop is in close proximity, less than 50 yards, to the traffic light controlled junction of Main Street and Castlehill Road. Vehicles currently park on either side of the road causing dlsruption to the area and stopping the traffic. The proposal would result in grldlock and an Increased risk of accidents as vehicles woutd have to cross two lanes of stationery traffic to enter the site. In addition vehicles turning rlght Into the site whilst travelling north bound on the A71 wlll stop the traffic from being free flowing. There are also concerns that there is not adequate parking to serve the site resulting in an increased number of vehicles that park on Main Street close to the traffic Ilghts. At present there is a full height kerb to deter parking at the shops and in the ground to the rear of the shops. b. There are concerns that an additional access being utilised for users of the site and delivery vehicles in close proximity to the traffic lights would adversely impact on the flow of traffic at this location. C. There is no demand for another retail unit In the Overtown area and the addition of another retail unit is likely to adversely impact upon the existing shops resulting In job losees. d. There is no requirement for a shop to be open to 10pm selling alcohol. This is likely to result in an increase of anti social behaviour and security issues, including within the play park opposite the site and residential properties close to the site. The development would result in increased noise and nuisance in a largely residential area. It Is requested that the trading hours be restricted to 9pm. It is pointed out that the existing licensed shop closes early evening to avoid such problems. e. The boundary wall at the north of the site has been damaged by adverse weather, a replacement fence would not suffice to reduce noise associated with the service area. A replacement wall of 8 foot in helght should be erected in order to maintain the amenity of the rear garden area of the objector's property. Clarification is also sought on who would be responsible for fencing within the site. Delivery times should also be restricted to protect residential amenity. f. There is concern over what type of vehicle is to deliver to the retail unit, no swept path analysis has been provided and if HGV's are to deliver then the correct analysis should be submitted. g. Plannlng conditions should be utilised to restrict working hours associated with the construction of the unit. h. There are concerns that the windows on the gable of the flatted dwellings could over look the rear garden area of the objector's property. i. The relocation of the Post Office to this shop will have a negative impact on the older population of Overtown and school children who would be required to travel further across a busy main road during lunch times. The existing Post office serves food at lunchtimes to school children. There are concerns at children having to cross the A71 as kids don’t always use traffic lights and the existing lights do not always function properly. 1. The proposed parking spaces for the shops cover a right of access to number 131, 131b and 131c Main Street and the commercial properties already present on Main Street. The proposed development may result in HGVs servicing the public house having to unload from the A71 as there is insufficientspace for HGV turning within the development. k. The boundary line at the location of the parking for the two flats would appear to encroach onto land that is used as a drying green for flats 131B and 131C I. The view from the objector’s property to the play park will be obstructed.
8. pianninrr Asseesme nt
8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the Southern Area Local Plan 2008 the site is covered by Policy HSG2 (Housing Development Opportunities). Policies RTLl (Retail Development), RTL4 (Assessing Applications for Retail Development), RTL11 (Assessing Applications for Bad Neighbour Development), HSG10 (Infill Housing Development) and TR13 (Assessing the Transportation Implications of Development are also relevant. In the Finalised Draft North Lanarkshire Local Plan FDNLLP the site is zoned as HCF1 1A (Residential Amenity).
8.2 The site is designated as Policy HSG2 which seeks to promote the release of sites for housing development, as well as other suitable infill or redevelopment sites. In this instance a mixed use development consisting of two flatted dwellings a retall unit is proposed, The site is adjoined by residential uses to the east and north and to the south and east by a mixture of commercial and residential uses on upper floors. It is considered that the principle of a mixed development is appropriate at this site, subject to the assessment of the detailed layout and design of the proposed building within the site. It is therefore considered that the principle of the development Is acceptable at this location.
8.3 Policy RTLl directs lesser retail developments, such as this proposal, to town centres, village, neighbourhood end secondary commercial areas and to areas of major industriahusiness and housing development. The proposal would only be permitted where such provision is supported by an appropriate catchment population, Is compatlble with adjoining uses and does not undermine the vitality and viability of existing town, village, neighbourhood and secondary commercial areas. The application site is located at the centre of Overtown village and adjacent to a well established residential area that would serve as a catchment population. The proposed retail use would, subject to conditions to protect amenity, be compatible with the adjoining residential and mixed use area, The site at present is vacant and its prominent position on the Main Street creates a poor image in visual terms to passing motorists and impacts on the residential amenity of the surrounding area. Thls proposal would enable the vacant site to be brought back into use and would improve the character of the area. The retail element of the proposal (190 square metres) falls well below the ‘lesser retail developments’ threshold and although larger than other nearby shops could reasonably be considered as a ’local shop’ given the size scale and nature of it. It is considered that a shop of this size would not have an adverse impact upon the vitality or viability of existing town centres or secondary village and commercial areas. While it may impact upon other Individual units this is not a planning consideration. The proposal is compatible with adjacent land uses and is found to be acceptable in terms of scale and location and therefore complies with Policy RTL 1.
8.4 Policy RTL 4 lists a set of criteria for assessing retail developments and in this case the relevant criteria include whether the proposal could be supported by the appropriate catchment population, effect on the vitality and viability of existing shopping centres, the extent to which proposals would be accessible to public transport, the impacts upon travel patterns by motor car, suitability and impact of the proposal on the character and amenity of adjoining properties and the surrounding environment, design details and access for pedestrians and provision for vehicular access, parking and pedestrian safety. As indicated in paragraph 8.3 above the proposal is considered to be acceptable in terms of catchment population and impact upon vitality and viability and the character of the area. The unit would be within walking distance for residents of the village and is on a main route served by public transport.
8.5 In terms of the impact upon the area the siting of the building set back from Main Street is different from the existing pattern of development to the south of the site. This allows for the car park to be visible from the Main Street to encourage its use, furthermore the servitude right of access for the public house is maintained through this layout. The area of open space to be formed at the site frontage is aimed at enhancing the visual appearance of the site and will introduce a feature of some landscape quality to the area as well as linking the new retail unit within the wider streetscape. The building Is to be no higher than those adjacent to the site, with the exception of the single storey dwelling to the north, It will however create a stepped increase in height between the single storey house and the two storey dwelling and two storey commercial uses on Main Street. The building is situated sufficiently distant from the adjacent buildings in order to protect the existing privacy and amenity enjoyed by them. A planning condition is proposed to secure the submission of a Iandscaplng scheme for the communal area to the front of the site and a planning condition is also proposed to secure the submission of boundary treatments in order to create a degree of uniformity and deter on street parking. The proposed materials and the design of the building are considered to integrate well within the area. The site is adjacent to a group of commercial properties that include a hairdressers, chemist and public house, On balance it is considered that the impact on the character and amenity of the area will be acceptable and that the development will not adversely affect neighbouring properties. Roads, access and parking are also considered under Policy TR13 and are discussed in detail in paragraph 8.8 below. In light of the above, the proposal is held to comply with policy RTL4.
8.6 Although the development was advertised under Article 12(5)(b) as a Bad Neighbour development by virtue of the proposed hours of operation, it is considered that the proposal raises no issues in terms of policy RTL 11 (Bad Neighbour Developments) as the impact of the proposal on the character and amenity of adjoining properties as discussed at paragraphs 8.3 and 8.5 above, will be acceptable.
8.7 Policy HSGI 0 states that when considering applications for infill residential developments on suitable gap sltes, the Council will take account of; the Impact on the character and amenity of the surrounding area; dlmensions of the site, the resultant garden ground: (sunlightldaylight); scale, design and materials: and the vehicular access and parking provision, It is considered that in land use terms the proposed residential accommodation is acceptable and would not adversely affect the character and amenity of the area. The design and layout of the proposed development is considered acceptable, while complementing the existing surrounding properties in terms of building form, scale, style and finish. The proposed development would result in no loss of privacy/sunlight or daylight to surrounding properties and the open space required for each flat is catered for within the site, The proposals are therefore considered acceptable in terms of policy HSG 10. The transportation issues are considered below.
8.8 Policy TR13 states that the Council will take account of criteria including: the Impact of the development on road traffic circulation/road safety and the provision made for access, parking and vehicle manoeuvring. Transportation have raised no objections to the development. Adequate pedestrian access, parking, servicing and manoeuvring areas are proposed for the retail and residential elements of the development. The servitude right of access is to be maintained through the site. It is therefore considered that the proposals are acceptable in terms of the transportation requirements of policies CS4 and TR13.
Finalised Draft Local Plan 8.9 The site Is designated HCFIA - Protecting Housing and Community Facilities - Residential Amenity. This permits developments of an ancillary nature to the residential surroundings, including ‘retail for local needs’, subject to an assessment of the impact on residential amenity and provision. The proposal by virtue of its scale and nature Is considered to be an acceptable ancillary development within such areas.
8.10 The Finalised Draft North Lanarkshire Local Plan 2000 (FDNLLP) requires all applications to be assessed against policies DSP 1(Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development).
8.1 1 Due to the limited scale and nature of the development, policies DSP 1 and 2 are not relevant. Policy DSP 3 requires developer contributions if improvements are required in the area, in this instance, given the nature, scale, design and location of the proposal; it is not considered that it will cause a significant demand on community faclllties or Infrastructure in the area. Under policy DSP 4 development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and use; the design and scale of the development, Including roads access and parking, use of materials, traffic and transportation links, and road safety, without having an adverse impact on the amenity of that area. As detailed in relation to the Adopted Local Plan the principle of the development of the site, the proposed layout, design and landscaping and transportation matters are found to be acceptable, therefore the proposal complies with DSP4.
8.12 With regard to the comments received from Transportation and Protective Services conditions are proposed regarding the service access, servicing hours and imposing noise limits.
8.13 In response to the objections raised:
a. There are no parking restrictions on Main Street which does result in vehicles parking on the publlc road and obstructing traffic flow. However Transportation has raised no objections to the proposal and have confirmed that the 11 parking spaces proposed to serve the site and the position of the access are acceptable. A condition is imposed regarding possible future alterations to road markings at the site access. b. Transportation have raised no concerns with the proximity of the proposed site access to the traffic lights. c. The issue of demand for a retail unit of this scale is not required to be demonstrated by the applicant. Furthermore the issue of market forces is not a material planning consideration. d. A llcense will be required should the applicant seek to sell alcohol and opening hours are controlled by that process. in order to protect residential amenity conditions are recommended limiting delivery times to between 9am to 9pm and restricting noise associated with extraction/ventilation units. Potential for anti social behaviour and security issues are not material planning considerations. e. With regards to the boundary treatment around the perimeter of the service area, finalised details have yet to be submitted and a planning condition is proposed to cover this. Normal practice would be for a 2 metre high close boarded fence which in combination with restricted delivery times would adequately reduce noise in this area. The issue of the ownership of fencing within the slte is a legal issue and is not a material planning consideration.. Transportation have not requested the submission of a swept path analysis and have confirmed that the proposed service facility is adequate to serve a site of this scale. It is not considered appropriate in this instance to use planning conditions to control opening hours of the shop, A license would be required in the event that the premises are to be open beyond Ilpm. With regards to the hours associated wlth construction an advisory note is proposed in line with the requirements of Protective Services restricting construction times. h. The proposed bedroom windows on the side elevation are in excess of 10 metres from the boundary of the site and comply with the minimum window to window distance requirements. i. In the event that the Post Office is to be relocated this would not be a material planning consideration. However the application site is only 300 metres from the exlstlng Post Office and traffic controlled signals are in place at the junction to allow safe passage across the A71. Concerns raised regarding the failure of the traffic lights to operate correctly have been forwarded to the Transportation Service for action as may be appropriate. i. Property Services who are marketing the site, have confirmed that the proposed layout accommodates the right of access as specified in the title deeds. The issue of access through the proposed gate would be a matter to be agreed between the applicant and the owners of the public house. Transportation have raised no concerns over the proposed site layout in relation to servicing arrangements. Furthermore the development brief for the slte reiterates the right of access requlrements as a condition of the sale of the site. k. Property Services have confirmed that the application site is on land covered by the title for the site, 1. The right to a vlew is not a material planning conslderation.
9. mlU8im
9.1 In conclusion having due regard to the provisions of the Development Plan, the proposals are considered to be acceptable and to comply with Policies HSGP, RTL1, RTl.4, RTL11, HSG10 and TR13 of the Southern Area Local Plan 2008 and policies HCFIA, DSP 3 and 4 of the Finalised Draft North Lanarkshire Local Plan. The proposed development will acceptably relate to surrounding land uses and the reuse of this long vacant site is to be welcomed. Notwithstanding the objections received it is therefore recommended that planning permission be granted subject to conditions.