North Lanarkhire Council

Fleming House 2 Tryst Road Cumbemauld G67 1JW Tel: 01236 632500 Fax: 01698 302115 Email: esdm©northlan.gov.uk

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ONLINE REFERENCE 100080301−001

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Applicant or Agent Details Are you an applicant or an agent? (An agent is an architect, consultant or someone else acting DAgent on behalf of the applicant in connection with this application) IEI Applicant Applicant Details

Please enter Applicant details Mr Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: I I Robert First Name: * Building Number: Ii I Address 1 I McGee Glenheath Drive Last Name:• (Street): *

Company/Organisation Address 2: Ii I 07817074231 Glenboig Telephone Number: * Town/City: * I I United Kingdom Extension Number: Country: *

07817074231 ML52SU Mobile Number: Postcode: * I

Fax Number:

robertmcgee©hotmail.co.uk Email Address: I

Page 1 of 4 Site Address Details I Planning Authority: North Council

Full postal address of the site (including postcode where available):

Address 1:

Address 2: Address 3: I I Address 4: I I Address 5:

Town/City/Settlement:

Post Code:

Please identify/describe the location of the site or sites

Land to the north of Heatheryhill cottage, Molinsburn Road, Annithill, MI−5 20F

f 1 669685 272966 Northing Easting

Description of Proposal

Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters)

Erection of a 2 storey detached house with off street parking and new vehicle access

Type of Application

What type of application did you submit to the planning authority? *

EI Application for planning permission (including householder application but excluding application to work minerals). E Application for planning permission in principle. LI Further application. LI Application for approval of matters specified in conditions.

Page 2 of 4 What does your review relate to? *

[I Refusal Notice. 0 Grant of permission with Conditions imposed. 0 No decision reached within the prescribed period (two months after validation date or any agreed extension) −deemed refusal.

Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority's decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the 'Supporting Documents' section: * (Max 500 characters)

Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision−maker to take Into account.

You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances.

Please see attached planning appeal statement

0 E9 Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? *

If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters)

Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: (Max 500 characters)

Planning appeal statement

Application Details

Please provide details of the application and decision.

What is the application reference number? * 171014301FUL

I What date was the application submitted to the planning authority? * 24/08/2017

I What date was the decision issued by the planning authority? * 10/10/2017

Page 3 of 4 Review Procedure

The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case.

Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * ll El Yes No

In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: ll Can the site be clearly seen from a road or public land? El Yes No * El tl Is it possible for the site to be accessed safely and without barriers to entry? Yes No

If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please explain here. (Max 500 characters)

No direct access to site. Due to trees and hedging the site cannot be easily from the adjacent road.

Checklist − Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. El Have you provided the name and address of the applicant?. Il No * ElYes El Have you provided the date and reference number of the application which is the subject of this No review? * Yes El El El If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * EI El Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? *

Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. El El Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review *

Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent.

Declare − Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated.

Declaration Name: Mr Robert McGee

Declaration Date: 09/0112018

Page 4 of 4 APPEAL TO NORTH LANARKSHIRE COUNCIL LOCAL REVIEW BODY

ERECTION OF DWELLING AND ASSOCIATED ACCESS

LAND NORTH OF HEATHERYHILL COTTAGE, ROAD, ANNATH ILL (17/01430/FUL)

PLANNING APPEAL STATEMENT by MR ROBERT McGEE

JANUARY 2018 CONTENTS

1.0 INTRODUCTION 1

2.0 SITE DESCRIPTION & PROPOSED DEVELOPMENT 3

3.0 REASON FOR REFUSAL 5

4.0 GROUNDS OF APPEAL 6

5.0 CONCLUSIONS 10 1.0 INTRODUCTION

1.1 This Appeal Statement has been prepared to challenge the decision of North

Lanarkshire Council ('the Council') who refused my planning application

(reference 17/01430/FUL) which was decided on 101h October 2017 by delegated

4−powers.bedroomThe planning application proposed the erection of a single 1.5 storey

dwelling with associated access ('the proposed development') on land north of Heatheryhill Cottage, Mollinsburn Road, ('the Site'). The

proposed house, if approved, would serve as our long−term family home in an

area we are very keen to live in.

1.2 This Appeal Statement has been submitted to examine the reason for refusing the

proposed development and outline the reasons why I consider the Local Review Body should overturn that decision.

1.3 Whilst it is acknowledged that the proposed development does not accord fully with adopted and emerging Local Development Plan ('LDP') policy in relation to

the green belt (which was the crux of the Planning Officer's decision to refuse my

application), it should be noted that as per my original statement, the Site has

historically been used as an adjunct (i.e. supplementary ground) associated with

the adjacent cottage and therefore I am unsure as to why the Planning Officer did not take this fact into account when assessing my application. As the decision

nonto −refusecompliant my application was based on the proposed development being on this one policy (which could be argued to be of limited relevance), there are grounds to argue that the proposed development should be approved.

1.4 Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended)

('the Act') requires planning applications to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. A balanced judgement, therefore, should be made in assessing the material

considerations relevant to each planning application. In this regard, the reasons set out within this Appeal Statement highlight the strong benefits in approving this application which clearly outweigh the policy presumptions against

development on the green belt.

1 1.5 It is my view that in terms of its context, its planning merits and material considerations which favour approval, the proposed development Is acceptable and planning permission should be granted.

2 2.0 SITE DESCRIPTION & PROPOSED DEVELOPMENT

Site Description

2.1 The Site comprises an area of open land to the north of Heatheryhill Cottage, which has historically formed part of the domestic curtilage of the cottage. The

Cottage and the Site fall within the green belt, as designated within the existing Local Plan and emerging LDP. It is bound to the east by Mollinsburn Road and the

north and west by Glenboig Farm. The Site lies immediately to the north of the settlement of Greenfoot and south of the settlement of Annathill. A number of

mature trees and hedging are located within the Site.

The Proposed Development

2.2 The proposed development is for the construction of a new 1.5 storey (7.2m

high) family dwelling, providing four bedrooms and associated access. The design of the dwelling is white rendered wall with blue black state and white uPVC

windows, eaves and fascias. Additionally, the Site proposes open space / a

private garden which will be a [awned garden, with planting areas to the front of the property.

2.3 I intend to incorporate renewable energy sources within the proposed development including, but not limited to, photovoltaic panels and air source

heat pumps, in order to lower the carbon footprint.

Previous Uses of the Site

2.4 Although the Site is designated as green belt within the current North Lanarkshire Local Plan ('NLLP') and emerging LDP, to my knowledge the Site (at least in part) should be considered as brownfield land as it historically formed part of the brickworks estate in Glenboig.

2.5 Crucially, in terms of my appeal, it should be noted that the land within the Site has formed part of the grounds of Heatheryhill Cottage since 1914 and it has

been used as supplementary ground within the curtilage of Heatheryhill Cottage

3 since this time. This has been confirmed in the previous submitted letters dated

May 2010, sent by Graham Cleland (see Appendix A) and letter sent by Michael Brady (Appendix B).

2.6 It seems to me that this fact was overlooked by the Planning Officer in their 1 previous assessment, as stated within the Delegated Report 'the site would

appear not to have been used for any particular purpose being separated from the adjacent house and fields'. This statement is incorrect and although the

Planning Officer may not have been aware the Site was an associated part of the cottage, this change of use has occurred, and is established.

2.7 Given the above, it is my view that to all intents and purposes, this area should

be classified as land within the residential curtilage of Heatheryhill Cottage and therefore within the settlement boundary of Greenfoot. This demonstrates that

the established use of the Site itself is Class 9 (Houses) of the Use Class Order, and this should have been the starting point in the Planning Officer's

assessment of my application. If this had been done, logic tells me that the outcome would have been different and planning permission would have been granted.

2.8 On this basis, the Site should not have been assessed as a vacant green belt site,

but as a site in active use as supplementary ground for Heatheryhill Cottage. On this basis, the principle of its use for a new house is consistent with its current use and logical, in planning terms.

4 3.0 REASON FOR REFUSAL

3.1 As previously stated, Planning Application 17/01430/FUL was refused by the

Planning Officer on 10th October 2017. The reasoned justification provided within

the Planning Officer's Delegated Report is as follows:

'The proposed development is considered contrary to the Green Belt policy of the

North Lanarkshire Local Plan as the application has failed to justify the proposals in terms with it being associated with an acceptable green belt use or special circumstances that warrant approval of the application in this instance.

3.2 Additionally, the Planning Officer states within the concluding section of the

Report that 'as the proposed dwelling is not required for any rural use and the

applicant has not demonstrated any special circumstances that require the construction of a dwelling at this greenbelt location. The proposed development if

approved would therefore set an undesirable precedent for other similar proposals contrary to the development plan.'

3.3 These quotes relate to the green belt policy NBE 3A 'Assessing Development in the Green Belt' of the NLLP.

3.4 I find it quite telling that no other reason for refusing the application was given, and it was acknowledged within the Case Officer's Delegated Report that

the planning application was compliant with all other relevant policies.

Although the NLLP contains a large number of policies which my application met, it seems that my application has been refused on the basis of being contrary to a single policy. I therefore question whether a balanced judgernent, as discussed in paragraph 1.4 above, has been made.

5 4.0 GROUNDS OF APPEAL

4.1 This chapter sets out my Grounds of Appeal in relation to the stated reason for refusal.

4.2 As stated at paragraph 1.3, it is acknowledged that the application does not

accord fully with Policy NBE 3A of the NLLP, however, I feel that there are clear considerations which outweigh that. Accordingly, my view is that the Planning

Officer failed to properly assess the application in accordance with Section 25 of the Act, and the exercise detailed above.

The Principle of Residential Development on the Appeal Site

4.3 As previously stated within Section 2 of this Appeal Statement, although the Site

is designated as green belt it can be considered (at least in part) as brownfield as it formed part of the brickworks estate in Glenboig and benefits from an established use as part of the adjacent cottage. The Local Review Body will be

aware that there is a national priority to achieve development of brownfield sites.

4.4 Additionally, the Site (since 1914) has formed supplementary ground associated

with Heatheryhill Cottage. This fact appears to have been overlooked by the

Planning Officer in their previous assessment and the Site should be classified as residential curtilage to Heatheryhill Cottage, forming part of the current house

plot. Therefore, the established use of the Site forms part to the adjacent house and should be classed as Class 9 of the Use Class Order.

4.5 On this basis, the planning application should not have been assessed by the

Planning Officer as being a vacant green belt site − but a brownfield one which has been in active use as land serving a domestic property.

4.6 The Planning Officer's consideration on assessing the Site as purely green belt is therefore invalid and the fact that a change of use occurred, means that the

development should be considered as an infill development of a site (albeit informally) established as Class 9 of the Use Class Order.

6 Compliance with other Policies

4.7 Taking into account my comments above regarding the Site already having an established use, it is important to note that the Delegated Report expressed that the proposed development was compliant with all other relevant policies. It stated, 'The NLLP also requires proposed developments to be assessed against

policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3

(Impact of Development) and DSP 4 (Quality of Development). Due to the limited

nature of the development the proposal raises no issues with regards to Policies DSP 1, DSP2, and DSP3.'

4.8 Furthermore, and in line with the above, I would emphasise that no objections were raised through the application consultation and the Planning Officer expressed full acceptance of the design of the proposed development stating that 'It is considered that the proposed design of the dwelling is acceptable with

a traditional rural appearance and scale, as such, the design of the dwelling proposed at this location will not significantly impact on the rural character or

erode the openness of the green belt at this location.'

4.9 This reflects the arguments detailed within the previously submitted Design and Access Statement, which stated that the self−contained nature of the Site means that it would act as a logical and modest extension to the settlement of Greenfoot, and would fit in with adjacent uses. Given, however, that the Site should be classed as Class 9 of the Use Class Order and that Heatheryhill Cottage itself is also within the green belt allocation, the settlement boundary for Greenfoot should logically already include the Site. Therefore, the Site is not

considered to be an extension to the settlement but should already be included.

4.10 Furthermore, the Site does not currently contribute to any significant protection

area, nor is the Site subject to any environmental protections, and rather, if developed, would remove a derelict site and contribute to the settlement, not detract from it.

7 Amenity, Economic and Social Benefits

4.11 As you may be aware, the Site has been subject to significant amounts of unauthorised fly−tipping over the years which has caused blight and impacted

on the visual amenity of the area. This is one of the main reasons for me

wanting to develop the Site, as it will allow what is currently a vacant (but

degraded) site to be put to good use and put an end to the current issues of blight.

4.12 I therefore feel that the proposed development will also provide benefit to the

local community, as residents will no longer be subject to potentially aggressive

fly−tippers nor feel obliged to clean up potentially hazardous materials, as has

happened in the past. To me, putting the Site to a positive re−use is the only logical solution.

4.13 In terms of economic benefits, I intend to instruct local tradesman for the

constructionLocally−sourced of the proposed development and use local supplies. materials will form the basis of the construction of this development. As

such, the proposed development will deliver employment and economic benefits

to the local community to the tune of £200,000 which is the approximate cost of constructing the dwelling.

4.14 Lastly, there are potential social benefits from the development. As I stated

earlier, the new house, if approved, would be our long−term family home and

would allow my family to have the space we need to grow and undertake foster caring, which is something I am currently in the process of formalising with the relevant authorities.

Precedent

4.15 I am aware that the Planning Officer has stated that approving my application would create an undesirable precedent for other similar proposals contrary to the Development Plan to follow. As far as I know, each planning application

should be assessed individually on its own merit and in this case, I feel that my situation is quite unique.

8 4.16 This isn't just a typical vacant green belt site − it has been previously developed, is subject to ongoing fly−tipping and already has an established land use as part of Heatheryhill Cottage. These circumstances would, I imagine, render the

circumstances here very different to most other applications of this nature and

to me, this means that approving the application would not create any precedent.

4.17 If this appeal is dismissed it will hinder a positive opportunity to redevelop a vacant site which is subject to fly tipping and enable my family to participate In foster care.

9 5.0 CONCLUSIONS

5.1 This appeal requires to be determined in accordance with Section 25 of the Act,

which states that where making any determination under the Planning Acts, regard is to be had to the Development Plan, and the determination shall be made in accordance with the Development Plan unless material considerations indicate otherwise.

5.2 Although I can see that the Planning Officer feels the proposed development does not comply with Policy NBE 3A of the NLLP in terms of development within

the green belt, it is considered that the Site should not be regarded as a vacant

green belt site due to its established historical use. Instead, it Is residential curtilage associated with Heatheryhill Cottage and approval of my proposed

house would simply continue the 'domestic' use of the land in question.

5.3 Additionally, notwithstanding green belt policy, there are clear benefits which outweigh this. In relation to economic benefits, the proposed development will

use local supply chain and tradesman who will experience economic benefits during construction of the dwelling. The proposed development will also allow a currently vacant site which is subject to fly−tipping and anti−social behaviour to

be brought into a positive new use as a family, home and also enable social

benefits, by allowing my family to advance their plans for undertaking foster caring.

5.4 Furthermore, the Delegated Report clearly stated that the design of the

proposed development is acceptable and will not significantly impact on the

rural character or erode the openness of the green belt at this location.

5.5 The Local Review Body is being asked to determine whether the Planning

Officer's reason for refusal is appropriate and valid. The reason hinges on two factors; an instance of policy conflict and concerns over creating an undesirable precedent. In my view, the material considerations set out in this Appeal Statement outweighs the policy issues and due to the unique circumstances

explained above I feel that this does not constitute an undesirable precedent.

10 5.6 Please be assured that this is not just a speculative attempt to build a house in the green belt, hopefully this Appeal Statement has demonstrated the unique

circumstances which apply in this case, which appear to have been overlooked by

the Planning Officer. The application was assessed as greenbelt, however based

on the discussion in paragraphs 4.3 to 4.6 above, the correct designation for the Site should have reflected its long term domestic use. This means that allowing the appeal would not create a precedent for others to do the same.

5.7 Therefore, in terms of Section 25 of the Act, it is considered that there were material considerations of sufficient weight to justify allowing the appeal, with the acceptability of residential development at the Site having been established already and the reason for refusal is not valid and the appeal should be allowed.

5.8 In summary, I think there is a clear argument as to why this development should be approved and it is requested that the Local Review Body apply common sense

and allow this residential development to be developed on this suitable site

which is, on balance, in accordance with the Development Plan with all other relevant policies.

11 APPENDIX A

Copy of Letter sent by Graham Cleland Appendix 'A' − copy of letter from the owners of Heatheryhill Cottage to the company holding title to the plot.

43 Woodside Poriteland Newcastle upon Tyne NE2O 93B 20th May 2010 INVERSTONE LIMITED SUITE 326, BALTIC CHAMBERS 50 WELLINGTON STREET G2 6W

Dear Sirs,

HeatheryhW Cottage, MoHinsburn Road, Greenfoot, By Glenboig

I understand that your company is the registered owner of subjects lying on the east side of Inchneuk Road, Glenboig, Coathridge, your title being registered in the Land Register under Title Number LAN168865.

Following the death of our father, my sister and I are the owners of the above property, Heatheryhill Cottage, which was feud to our grandfather, Matthew Cleland, by William Black Rankin of Cleddans in 1914.

I enclose for reference a copy of the title for the property. Since 1914, the house has remained in our family, being owned successively by our Grandfather, by our father, Matthew James Cleland and now by us. My sister has always lived in the property and continues to do so.

Since 1914, the family has occupied and used as garden ground, an area adjoining the north boundary of the title area, shown outlined in red on the plan annexed to this letter. I have been researching the title to the house since my father's death and I have ascertained that the red area on the plan annexed to this letter lies out with the title of the house. The Land Register have advised me that your company holds title to this area.

My sister and I would like to acquire a title to the area if possible and I shall be obliged if you will advise me if you would be prepared to grant us a title to the area In question and if so, on what terms.

I look forward to hearing from you in due course.

Yours sincerely, e, ' t&' d Graham Cleland Appendix 'A' (continued)

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'V 4 APPENDIX B

Copy of Letter sent by Michael Brady MICHAEL BRADY [email protected] 107960 781 940 1 Brae Cottage, 15B Old Mugdock Road, Strathblane, Stirlingshire, G63 9EJ

8" January 2018

To Whom it may concern

I write to clarify the situation regards the plot of ground at Mollinsburn Road, Glenboig, lying generally to the North of Heatheryhill Cottage.

Background: In 2003, the Land Titles to the former Glenboig Estate, as historically owned by the Glenboig Union Fireclay Company Ltd were acquired by my then company, Inverstone Limited. At that point, the plot remained within the Superiority Title for the estate, this being reflected by its inclusion within the extent of the Land Certificate issued by Registers of Scotland bearing the Title Number LAN168865. In short, that particular parcel of land had never been dealt with in its own right.

I confirm that the ground was not included within the extent of the Titles to Glenboig Farm.

Though it was never specifically conveyed to the proprietor of Heatheryhill Cottage, the plot was used as an adjunct to Heatheryhill Cottage by the long standing proprietor, since the original feu of that property in 1914. Heatheryhill Cottage remained within the ownership of the same family through to circa 2010 / 2011. The family approached Inverstone Limited in 2010, seeking to formally acquire the plot from Inverstone Limited, in order to formalise the long standing occupation / usage. Ultimately, later in 2010, the plot was transferred to the current proprietors, that Disposition being the first time that the property was dealt with in its own right and removed from the head titles to the Glenboig Estate. That Application was treated by Registers of Scotland as a 'Transfer of Part' from the Estate Title.

Sincerely,

Michael Brady. Planning, Design & Access Statement: Proposed new dwelling on land adjacent to Mollinsburn Road, ML5 2QF for Mr. & Mrs. R. McGee

: − ..•

rd

CadTech Design Introduction

This statement has been prepared by Cadtech Design and is intended to support the planning application for a proposed new dwelling on land at Mollinsburn Road, ML5 2QF.

The application proposes a one−and−a−half−storey property with amenity space including car parking, cycle and refuse storage. The dwelling will occupy an infill plot, with access provided off Mollinsburn Road. This document aims to demonstrate how the applicant has identified the opportunities presented by the site and has produced a high quality, site specific design which is in harmony with the vernacular of the local area and complies with local planning policies.

This Design & Access Statement should be read in conjunction with the application drawings and planning maps. The Site & Local Area

The site, approximately 1/3 of an acre, sits on the Northernmost point of the settlement of Greenfoot, 1.5 miles east of Glenboig. It is the last plot directly to the north of the last cottage (Heatheryhill Cottage) on the west of Mollinsburn Road, as you leave Greenfoot heading north towards Ann athill.

The site and the immediate vicinity

21 The site is currently a self−contained piece of waste ground which was formerly part of the brickworks estate in Glenboig. It is overgrown and regularly used for illegal fly−tipping.

The current official designation is greenbelt, however this is incorrect as the site has been laid out and used as an adjunct to Heatheryhill Cottage since 1914, as is clearly demonstrated in Appendix 'A' − a letter from the owners ofHeatheryhill Cottage to the company which holds title to the plot.

The site has its own distinct boundaries which are formed by existing belts of mature trees to the north, south and east, with Mollinsburn Road to the west.

Adjacent land uses include an old quarry, former railway sidings and various agricultural buildings, stores and machinery yards.

The proposed new dwelling will have its access onto Mollinsburn Road. A private driveway and parking area will be incorporated to accommodate four cars and storage will be provided for four bicycles. Planning Policy

The North Lanarkshire Local Plan states that 'a strong greenbelt policy will continue to direct development to major urban areas while the Rural Area policy will encourage appropriate development in and around remoter urban areas'.

The self−contained nature of the site means that it is a logical and modest extension to the settlement of Greenfoot, and would fit in with adjacent uses. It does not currently contribute to any significant protection area, nor is the site subject to any environmental protections, and rather, if developed, would remove a derelict site and contribute to the settlement, not detract from it. It would also remove the opportunity for further illegal fly−tipping of hazardous materials, which have historically been left for the current owner to remove at his own cost and risk. Typically, those who illegally dispose of materials of this nature are confrontational people, so by removing the opportunity for them to use this site as a dumping ground, the potential for local people to put themselves in harm's way, either in confronting the fly tippers or dealing with potentially harmful materials.

The proposal supports National Planning Policy section 'Vibrant Local Communities' parts 2.25 to 2.29. This section of NPF3 sets out the support that will be offered to rural communities to promote their own sustainable nature and vibrancy through appropriate development. In

3 order to promote population growth in rural areas, part 2.26 specifically states that 'remote areas are likely to benefit from a flexible approach, particularly where it sustains fragile communities'. Facilitating the delivery of affordable rural housing remains a priority to support community vitality and population growth, and this proposal reinforces those principles.

By following a self−build philosophy, the proposal also supports the recommendations of NPF3 Section 2.27.

For the aforementioned reasons, Greenfoot should be defined as a 'remoter urban area', and as such, developments such as this proposal can be considered appropriate. The site is clearly separated from land which has rightly been designated as green belt. It is self−contained, with its own boundaries, has never formed part of the agricultural surroundings and has its own access. The Proposal

The proposal is for a new one−and−a−half−storey dwelling, providing four bedrooms.

The applicant has opted for a design which embraces the local character, with white rendered wall finishes, blue black slate to the roof and white uPVC windows, eaves and fascias.

4 I Enhancing Space

The proposed dwelling will sit within more than 140O2of amenity space, with a lawned garden and planting areas to the front of the property.

Development of the site will allow what is currently an eyesore in the settlement of Greenfoot to be put to good use, and allow the regeneration of what was formerly the materials store ofthe old Greenfoot brickworks. Redeveloping a piece of land which has become a dumping ground will provide community benefits to the settlement, as it means that residents will not have to deal with potentially aggressive fly−tippers nor feel obliged to clean up potentially hazardous materials, as has happened in the past. Socio−Economic Benefits

The applicants have been a part of the local community for many years and have raised a family there. They wish to remain in the area and live in a self−sufficient manner, while also continuing to support the local shops, businesses and services as they have for more than 12 years. The proposed dwelling will be a home for life for the family.

The applicants propose to engage local builders and tradesmen should they be awarded planning approval, which will result in economic benefits for associated trades, merchants and suppliers. Locally−sourced materials will form the basis of the construction.

Access

Access to the proposed dwelling will be via Mollinsburn Road, with a new driveway provided. The driveway will be formed in permeable paving and will provide turning space so that vehicles leaving the site can exit onto Mollinsburn Road in a forward gear. Materials

Materials have been chosen to match those of existing buildings in the locality. External walls will be finished with white render, with blue/black slate roof tiles and white uPVC windows.

Renewable Technologies

The applicants intend to incorporate renewable energy sources within the proposed scheme, including but not limited to photovoltaic panels and air source heat pumps.

5 − Accessibility

The scheme has been designed to fully comply with the requirements of Part M2 of the Building Regulations, the Lifetime Homes standards, and Level 3 of the Code for Sustainable Homes. Scale and Massing

The property comfortably exceeds the national space standards for a four bedroom, 3 − 4 person dwelling. The proportion of the plot given over to development is less than 30% overall, and therefore does not constitute overdevelopment according to the most recent guidelines.

Impact on Neighbouring Properties

Greenfoot is a small settlement consisting of a number of rural−style housing clusters and one−off self−build plots. Directly to the south of the site is Heatheryhill Cottage. The proposal would provide a moderate and sympathetic extension to the settlement boundary of Greenfoot.

The existing belts of mature trees will screen the proposed dwelling from Heatheryhill Cottage and prevent overlooking in either direction.

Transport & Local Amenities

The site is in an area of North Lanarkshire where housing supply has been identified as an issue.

The site sits adjacent to, and takes access directly onto Mollinsburn Road. A 1.5 mile drive into Glenboig and on to provides access to the M73, which in turn offers access to the M8, M74 and Mg motorways, giving the proposal excellent links to Scotland's central belt.

Train services to Edinburgh and Glasgow can be found a short drive away in Gartcosh and . Physical Site Constraints The analysis of historical mapping data, British Geological Survey data and other desk top surveys indicates that the site is not constrained for the proposed development in any way, speicifically:

• The site is not undermined • The site is not contaminated • The site is not in an area of flood risk • There are no overhead lines running through the site • The site is not in an area of significant protection or conservation

6 1 Changes in Landscape Character

The proposed development would have a positive impact on the landscape character of the area. The sensitive design of the property contributes to the sense of place, and removes a potential eyesore within the settlement. The maintenance of the existing boundary tree belts will assist in mitigating the visual impact of a new dwelling. Conclusion

The applicants have identified an opportunity to provide a high−quality two−storey home on a vacant infill site. Disruption to, and impact on, the local area will be minimal, and the design of the proposed dwelling is considerate and in keeping with the surroundings. With the above in mind, the applicants would ask North Lanarkshire Council to look favourably upon this application.

71 Appendix 'A' − copy of letter from the owners of Heatheryhill Cottage tc the company holding title to the plot.

43 Woodside Ponteland Newcastle upon Tyne NE2O 93B 20th May 2010 INVERSTONE UM1TED SUITE 326, BALTIC CHAMBERS 50 WELLINGTON STREET GLASGOW G2 6W

Dear Sirs,

Heatheryhill Cottage, Mollinsburn Road, Greenfoot, By Glenboig

I understand that your company is the registered owner of subjects lying on the east side of Inchneuk Road, Glenboig, Coatbridge, your title being registered in the Land Register under Title Number LAN168865.

Following the death of our father, my sister and I are the owners of the above property, Heatheryhill Cottage which feud to grandfather, Matthew Cleland, by William Black , was our Rankin of Cleddans in 1914.

I enclose for reference a copy of the title for the property. Since 1914, the house has remained in our family, being owned successively by our Grandfather, by our father, Matthew James Cleland and now by us. My sister has always lived in the property and continues to do so.

Since 1914, the family has occupied and used as garden ground, an area adjoining the north boundary of the title area, shown outlined in red on the plan annexed to this letter. I have been researching the title to the house since my father's death and I have ascertained that the red area on the plan annexed to this letter lies out with the title of the house. The Land Register have advised me that your company holds title to this area.

My sister and I would like to acquire a title to the area if possible and I shall be obliged if you will advise me if you would be prepared to grant us a title to the area in question and if so, on what terms.

I look forward to hearing from you in due course.

Yours sincerely,

Graham Cleland KM pendix 'A' (continued)

cc) LAND REGISTER OF SCOTLAND C.00

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