Planning Index

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 18th April 2007

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 18'h April 2007

Page Application No. Applicant DevelopmentlLocus Recommendation No. 28 N/07/00153/FUL McKernan Homes Construction of 8 Flats, Grant Ltd Stirling Road Kilsyth

34 N/07/00280/FUL Mr. & Mrs. G. Extension to a Grant Brown Dwellinghouse 18 Hayston Road Carrickstone Cumbernauld

39 N/07/00354/FUL Mr. & Mrs. E. Conversion of an Integral Grant Murphy Garage and Construction of a Garage 10 Brownsland Court Ga rtcosh

44 N/07/00418/FUL Mr. & Mrs. Slaven Alterations and Extension to Grant a Dwellinghouse 2 Hayle Gardens Moodiesburn.

49 C/06/01565/AMD Gateway Homes Erection of 132 Flatted Grant (P) Dwellinghouses (Part Retrospective)(Amendment to C/05/01919/FUL) Phases 3B and 3C Ballochney Road, Plains

58 C/06/01957/FUL Mr J Brad Change of Use of Industrial Grant Unit to Truck Shop and Welfare Facilities at 9 - 11 Palacecraig Street Kirkshaws, Coatbridge

65 C/07/00221/FUL Ms Karen Dick Siting of Mobile Snack Van Grant Carpark West Of J & W Carpets Locks Street Retail Park Locks Street, Coatdyke Coatbridge

70 C/07/00444/FUL GME Springs Extension to Workshop and Grant Relocation of Snack Bar at Unit 1 Block 6, Souterhouse Path Coatbridge 75 S1071003201CAAD Mr Strickland Certificate of Appropriate Grant Alternative Development at Request for Site Land South Of Garrion Visit & Hearing Cottage Garrion Bridge Overtown

81 S/07/00321/CAAD Mr & Mrs Burk & Certificate of Appropriate Refuse Mr & Mrs Bell Alternative Development at Request for Site Land Adjacent To Garrion Visit & Hearing Hurst And Garrion Mill Garrion Bridge Overtown

87 S/07/00326/OUT Mr S Wightman Erection of 2 Houses Refuse (P) Kirklee Road Request for Bellshill Site Visit & Hearing

94 S/07/00366/AMD Vodafone (UK) Ltd Amendment to Grant S/06/01793/FUL for the Addition of An Extra 14cm to Telecommunications Monopole with Associated Equipment at General Street BLPU Earn Avenue Righead Industrial Estate Bellshill

C/06/01565/AMD If granted, Section 75 Agreement to be concluded S/07/ 00326/OUT If granted, refer to Scottish Ministers (Contrary to Development Plan) Application No: N/07/00153/FUL

Date Registered: 31st January 2007

Applicant: McKernan Homes Ltd 1 Victoria Glade Dullatur Cumbernauld

Agent Hardie Associates 78 Hopetoun Street Bat hgate

Development: Construction of Flatted Residential Development (8 Flats)

Location: The Covenanter Filling Station Stirling Road Kilsyth G65 OPT

Ward: 66 Banton and Kilsyth East Councillor Tom Barrie

Grid Reference: 27268 1 678 184

File Reference: N/07/00153/FUL

Site History: None

Development Plan: Kilsyth Local Plan 1999: Policy HG3 (Development Control in Housing Areas) Contrary to Development Plan: No

Consultations: Scottish Environment Protection Agency (No Objections) Scottish Water (No Objections) Kilsyth Community Council (Objections)

Representations: One letter of representation received,

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

Reason: To safeguard the residential amenity of the area.

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

Reason: In the interest of the amenity of the site and the general area. 1:2,500 Stirling Road KilGflh Residential Development (8 Flats) 3. That a visibility splay of 4.5m x 120m shall be provided at the connection of Stirling Road, inside which nothing measuring over 900mm shall be built or allowed to grow

Reason: In the interests of traffic safety.

4. That the new access to the site will be a minimum of 6 metres wide and shall be constructed to the specification of North Lanarkshire Council , with the existing junction access being reinstated with a 2m wide footway.

Reason: In the interests of traffic and pedestrian safety.

5. That a minimum of the first 10 metres of the access, and across its entire width, shall be paved to prevent deleterious material being carried onto the public road. In addition adequate site drainage shall be installed to ensure that no surface water runs onto the public road.

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

6. That before any of the flats hereby permitted is occupied, 15 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter be maintained as car parking spaces

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

7. That before the development hereby permitted starts , full details of the design, location and finishing materials of the bin storage areas to be constructed on site shall be submitted to, and approved in writing by the Planning Authority ;provision shall be allowed for two bins per flat or such other scheme as is approved in writing by the Planning Authority.

Reason: In the interests of visual amenity and to ensure there is adequate bin storage provision for the development hereby permitted.

8. That before the development hereby permitted starts, a scheme of landscaping , including boundary treatment , shall be submitted to and approved in writing by the Planning Authority and it shall include:- (a) a details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrubs planting ; incorporating details of the location, number, variety and size of those to be planted (c) details of the phasing of this work

Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and surrounding area.

9. That within one year of the occupation of the development hereby permitted, all planting, seeding and turfing and earth moulding included in the scheme of landscaping and planting approved under the terms of condition 8, shall be completed and any trees, shrubs or areas of grass which die , are removed, damaged or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

10. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to , and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of the proposed grassed, planted and landscaped areas plus all other communal areas. The approved scheme shall be implemented immediately following the completion of the development unless otherwise agreed with the Planning Authority.

Reason: In the interests of amenity by ensuring that landscaping and communal area maintenance is appropriate for the site.

11. That before the development hereby permitted starts, a site investigation survey shall be carried out in accordance with the requirements of the British Standards code of practice BS10175:2001 and a report of this survey shall be submitted to the Planning Authority.

Reason: To ensure that any contaminants on site are removed or rendered harmless

12. That any remediation work identified by the site investigation required in terms of condition 11 above shall be carried out to the satisfaction of the Planning Authority. Within three months of any remediation works being carried out, a certificate( signed by an Environmental Engineer) shall be submitted to the Planning Authority confirming that the works have been carried out in accordance with the remediation strategy

Reason: To ensure that the site is free of contaminants in the interests of amenity and the wellbeing of the surrounding area.

13. That before the development hereby permitted starts, full details of the locations and the design of the surface water drainage scheme to be installed within the application site shall be submitted to and approved in writing by the Planning Authority, and for the avoidance of doubt the scheme shall comply with the Scottish Environmental Protection Agency's principles of Sustainable Urban Drainage Systems (SUDS)

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

14. That the SUDS compliant surface water drainage scheme approved in condition 13 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, 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 ClRlA manual and the approved plans thereafter the system shall be maintained in accordance with the details agreed under the terms of condition 13 above.

Reason: To safeguard ground water from pollution and in the interests of the amenity and wellbeing of existing and future residents

Background Papers:

Application form and plans received 31 st January 2007 Letter from Scottish Water received 13th February 2007 Memo from Traffic & Transportation (Northern Area) received 27th February 2007 Memo from Head Of Protective Services received 14th February 2007 Memo from Community Services Section received 12'h February 2007 Letter from Kilsyth Community Council, C/o Mr A Machray, 19 William Wilson Court, Kilsyth, G65 9DP received 1st March 2007.

Kilsyth Local Plan 1999 Any person wishing to inspect these documents should contact Mr Gavin Forrest at 01236 616466.

DATE: lothApril 2007 APPLICATION NO. N/07/00153/FUL

REPORT

1. Description of Site and Proposal

1.1 This application seeks permission for the erection of a flatted development, comprising of 8 units at the former square metres and is located within an area that is currently a mixed use area as there are various factories, mixed style housing and open space in the immediate vicinity. The open land to the north and the east of the site is the proposed Cavalry Park Housing development by George Wimpy(West Scotland )Ltd.

1.2 The proposed building will be 2 storeys in height. The original plans had a 3 storey element but this has been removed. Both ends of the development will have corner turrets. The ground floor will have 4 x 2 bedroom flats, the first floor will have the same layout. The building itself will cover an area of approximately 360 metres squared and at the highest point will be approximately 8 metres high. Both the side elevations only have windows on the corner turrets and there are numerous windows on the front and rear elevations. Pedestrian access to the flats can be taken from 4 different entrances. are situated at the rear. Vehicular access to the site will be from Stirling Road.

2. Development Plan

2.1 There are no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and the application can be assessed against the relevant provisions of the Local Plan

2.2 This site is covered by Policy HG3 of the Kilsyth Local Plan 1999. This policy states that new residential development will be in keeping with the scale and character of the surrounding areas.

3. Consultations and Representations

3.1 Consultations were carried out with my Traffic and Transportation Section, Protective Services Community Services, Scottish Water and SEPA. Any issues raised by the consultees can be addressed through the imposition of conditions.

3.2 There has been one letter of representation received from Kilsyth Community Council, the main points of objection and my comments thereon are as follows;

0 We object to the 3 storey section of the building. We feel this would be intrusive and out of character for this location. We would have no objection to the application if the building was restricted to 2 storeys high.

Comments: The application no longer has a 3 storey element to it. Amended plans have been submitted detailing the fact that the flats will be 2 storeys in height.

4. Plannina Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This proposal is not contrary to Local Plan Policy. 4.2 The design of the flats, the layout and amenity space proposed are acceptable.The objection is based on the fact that the original proposal was going to be 3 storeys high. As this is no longer the case and the development is in keeping with surrounding properties there is no longer any basis for the objection.

4.3 Having taken account of all the relevant material planning considerations, it is recommended that Planning Permission should be granted Application No: N/07/00280/FU L

Date Registered: 21 st February 2007

Ap p Iican t : Mr & Mrs G Brown 18 Hayston Road Carrickstone Cum bernauld G68 OBS

Agent RGB Design 8 Farm Court Bothwell G71 8BU

Development: Extension to a Dwellinghouse

Location: 18 Hayston Road Carrickstone Cum bernauld G68 OBS

Ward: 57 Westerwood, Carrickstone And Dullatur - Councillor Gordon Murray Grid Reference: 275492 675794

File Reference: N/07/00280/FUL

Site History: None

Development Plan: Cumbernauld Local Plan 1993: Policy HG3 (Residential Development) and HG4 (Residential Amenity)

Contrary to Development Plan: No

Consultations: None

Representations: One letter of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area. Extension to a Dwellinghouse * Representation Background Papers:

Application form and plans received 21 st February 2007

Letter from Mr & Mrs T C Wilson, 65 Hayston Road, Carrickstone, Cumbernauld, G68 OBS received 26th February 2007.

Cumbernauld Local Plan 1993

Any person wishing to inspect these documents should contact Mr Gavin Forrest at 01236 61 6466.

DATE: 1Oth APRIL 2007 AP P LICAT1 0 N NO. N/07/00280/F UL

REPORT

1. Description of Site and Proposal

1.1 This application seeks permission for the erection of a single storey extension to the rear of 18 Hayston Road, Carrickstone, Cumbernauld. The property is currently a single storey detached bungalow that utilises materials such as buff brick and reddish/brown roof tiles. It is situated within a mixed housing area.

1.2 The extension will measure approximately 3.6 metres x 12.7 metres and will result in the extension to 2 existing bedrooms and the creation of an ensuite. Currently the area is a patio area of the rear garden.

1.3 The garden area is enclosed by a 2 metre high wall at one side, and 2 metre fencing on the other two boundaries. Currently there are 4 windows of varying sizes and a set of patio doors. The extension will still have the same number of doors and windows but the position of them will be altered. The gable end facing 16 Hayston Road currently has a door. This will be removed and replaced by a window. The other gable end facing the road doesn’t have a any windows but 2 will be created.

2. Development Plan

2.1 There are no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and the application can be assessed against the relevant provisions of the Local Plan.

2.2 This site is covered by Policy HG3 (Residential Development) and HG4 (Residential Amenity) of the Cumbernauld Local Plan 1993 Policy HG3 states that any alterations/extensions to residential properties will be in keeping with the scale and character of the surrounding area. Policy HG4 states there will be a presumption against development which could be detrimental to residential amenity.

3. Consultationsand Representations

3.1 No consultations were necessary with respect to this application.

3.2 One letter of representation has been received from Mr & Mrs T C Wilson, 65 Hayston Road, Carrickstone. Their main points of objection and my comments thereon are as follows;

The development of the extension will cause overshadowing to our property and reduce the light available to the main entrance of our house, kitchen and dinning area.

Comments : The extension will protrude from the existing building line by 3.6 metres, leaving approximately 6 metres to the boundary with 65 Hayston Road. On the objectors’ side of the fence there is approximately 3 metres to the property. The extension will not increase the height of the property as the extension will join the existing roofline and will slope away from the existing ridge. There is currently a 2 metre high fence on the boundary. At the nearest point to the boundary the building will be 2.5 metres in height. The building will not lead to a significant amount of overshadowing, and if it was the case it would still not be classed as a material consideration as the rooms overshadowed are not classed as habitable rooms. Number 18 lies to the north of number 65, so sunlight and shadow are not relevant issues.

0 It will encroach on our privacy. The proposed family room will sit a few feet away directly across from our main toilet and main bedroom. We are also concerned with the increase in noise.

Comments : The property will be located approximately 9 metres away from the property with a 2m high boundary fence in between. Due to this any impact on privacy will be minimal. Noise is not considered a material planning consideration in this particular case

0 Currently there are difficulties with drainage, with the run off from the applicant’s garden and this would, I feel be exacerbated if the extension goes ahead.

Comments: The issues of drainage, although a planning consideration on larger developments is not something relevant to a development of this size. The extension will be built in accordance with Building Regulations. As there will be a loss of grass on the site, the run off on to the neighbouring property will, if anything, be reduced.

4. Plannina Assessment and Conclusions

4.2 The design of the proposed extension is acceptable and overshadowing and privacy are not serious enough to affect the neighbours at 65 Hayston Road. Issues such as noise and drainage are not relevant to this application. The extension will not be of height to cause any detrimental loss of daylight. This is especially the case as there is a 2m high fence situated approximately 3 metres away from the objectors’ property and the extension measuring, 2.5 metres at the closest point to the boundary, will be situated approximately 9 metres away.

4.3 Having taken account of all relevant material planning considerations, it is recommended that permission be granted Application No: N/07/00354/FUL

Date Registered: 5th March 2007

Ap p Iican t : Mr & Mrs E Murphy 10 Brownsland Court Gartcosh G69 8ED

Agent lan M Denney 2nd Floor 132 West Nile Street Glasgow G12RQ

Development: Conversion of a Garage to a Habitable Room and Construction of a Garage

Location: 10 Brownsland Court Gartcosh G69 8ED

Ward: 68 Moodiesburn West & Gartcosh Councillor Joseph Shaw

Grid Reference: 269957668678

File Reference: N/07/00354/FU L

Site History: None

Development Plan: Northern Corridor Local Plan, 2005, policy HG3 applies

Contrary to Development Plan: No

Consultations:

Representations: One letter of representation

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area.

3. That notwithstanding the positioning of the detached garage hereby permitted on the approved plan, a revised plan shall be submitted to the Planning Authority that demonstrates the garage set back 1 metre from the back kerb of the visitor parking bays prior to any work commencing on site.

Reason: In the interests of traffic and pedestrian safety.

4. That a 2 metre wide service crossing shall be provided at the driveway location between the dropped kerb vehicular access and the garage.

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

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

Reason: In the interest of the amenity of the site and the general area.

Background Papers:

Application form and plans received 5th March 2007

Letter from Professor Sam McKinstry, 7 Johnston Road, Gartcosh, Glasgow, G69 8AZ received 14th March 2007.

Northern Corridor Local Plan, 2005

Any person wishing to inspect these documents should contact Ms Erin Louise Deeley at 01236 61 6464.

Date: 1Oth April 2007 APPLICATION NO. N/07/00354/FUL

REPORT

1. Description of Site and Proposal

1.1 The application property is a detached bungalow at Brownsland Court, an established residential area of Gartcosh. The property is located at the end of a cul-de-sac. There is a substantial sized front garden, measuring approximately 16 metres deep at the furthest point. The current parking arrangements are the integral garage and the driveway in front of the garage measuring approximately 10 metres deep X 4.5 metres wide and accommodating 2 standard sized cars. There is a visitor parking bay that is surrounded by the front garden ground of the application property. There is a rear conservatory, erected under permitted development rights.

1.2 The applicant proposes to convert the existing integral garage to form a lounge room. Furthermore, the applicant proposes to erect a detached garage to the front of the property, the side elevation would be parallel to the back kerb of the visitor parking bays. A new driveway is proposed that would connect the public road and the garage. This would accommodate 2 cars.

2. Development Plan

2.1 This proposal raises not strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and can therefore be assessed against local plan policies.

2.2 In the Northern Corridor Local Plan 2005, policy HG3 (Retention of Residential Amenity) applies. This policy seeks to protect residential amenity from inappropriate developments.

3. Consultationsand Representations

3.1 My Traffic and Transportation Section have been consulted regarding this application. They have no objections to convert the existing garage or the erection of the proposed garage, however they do require that the garage be set back at least one metre from the back of the visitor parking bays. As such, this has been attached as a condition.

3.2 There has been one letter of objection received from the owner and occupier of No. 7 Johnston Road. The points raised can be summarised as follows:

0 There are existing drainage problems at the application property which affect my property. The drainage arrangements for the detached garage could worsen the problem

Comment: Drainage is an issue dealt with by my Building Standards Section. It has been concluded by Building Standards that a building warrant would not be required for this detached garage. The objector has been advised accordingly. This objection should therefore not be given any weight when determining this application.

0 I am a little concerned with the overshadowing of the garage

Comment: The garage would be located behind the rear garden of No 9 Johnston Road and there would be approximately 1 metre between the garage and the mutual boundary. There would be approximately 3 metres between the garage and the mutual boundary with No.7. There is a 1.8 metre fence separating both properties with the application property. The garage would be 3.5 metres in height at the ridge and 2.5 metres at the eves. Although the application property is on a higher level than the properties on Johnston Road, I consider that the above distances combined with the design of the garage and relationship between the application property and the objector’s property are such that there would be no overshadowing repercussions on the garden ground of No 7 and this objection would certainly not merit a refusal of this application. It is worth noting that although this objection has been considered, overshadowing of garden ground is not given the same consideration as overshadowing of a habitable room.

Can you ensure that the garage is not raised unnecessarily on a platform

Comment: There are no such proposals to raise the garage above ground level and there appears to be no reasoning for requiring this. It is therefore not considered reasonable to attach a condition preventing this.

A flat roof garage or a lower pitched garage would be preferable

Comment: The proposed roof is considered acceptable. Furthermore, there is no justification for asking the applicant to alter the design of the roof.

4. Plannina Assessment and Conclusions

4.1 In terms of the Town and Country Planning (Scotland Act) 1997, planning applications must be determined in accordance with the relevant development plan unless material considerations indicate otherwise. In this case, the proposal complies with policy HG5 of the Northern Corridor Local Plan 2005.

4.2 The proposed garage is of reasonable design and scale. The impact of the garage on surrounding properties has been assessed and found to be acceptable. The relationship of the garage with the surrounding houses and the design of the garage are such that there are no amenity issues that would justify refusing planning permission.

4.3 It should be noted that planning permission is not required to convert the garage as there is not a restrictive condition attached to the original consent for the site. However, It is considered that as a result of a garage conversion, the replacement window for the garage door would not have a detrimental impact on the residential amenity of neighbouring properties.

4.4 There exist 3 in curtilage parking spaces on the site. As a result of the converted garage, erection of the new garage and formation of the new driveway, 3 in-curtilage spaces would still exist on the site. Parking provision is therefore not affected.

4.5 Notwithstanding the objections made, it is considered that the proposal is acceptable from a planning perspective and as such it is recommended that planning permission be granted. Application No: N/07/00418/FUL

Date Registered: 15th March 2007

Applicant: Mr 81 Mrs Slaven 2 Hayle Gardens Moodies bu rn G69 OPL

Development: Alterations and Extension to a Dwellinghouse

Location: 2 Hayle Gardens Moodiesburn G69 OPL

Ward: 68 Moodiesburn West And Gartcosh: Councillor Joseph Shaw

Grid Reference: 269702 671 199

File Reference: N/07/0041 8/FU L

Site History: None

Development Plan: Northern Corridor Local Plan 2005: Policies HG3 (Retention of Residential Amenity) and HG5 (House Extensions).

Contrary to Development Plan: No

ConsuI tat ions: None

Representations: One letter of representation received.

Newspaper Advertisement: Not Required

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building.

Reason: To safeguard the residential amenity of the area. -2

1 :I,250 Alterations & Extension To A Dwellinghouse Jr Representation Background Papers:

Application form and plans received 15th March 2007

Letter from Mr T McCormack & Miss L Kyle, 4 Hayle Gardens, Moodiesburn, Glasgow, G69 OPL received 21st March 2007.

Northern Corridor Local Plan 2005

Any person wishing to inspect these documents should contact Mr Gavin Forrest at 01236 616466.

DATE: 1Oth April 2007 APPLICATION NO. N/07/00418/FUL

REPORT

1. Description of Site and Proposal

1.1 This application seeks permission for the erection of a single storey extension to the rear of 2 Hayle Gardens, Moodiesburn. The property is a two storey semi detached house. The extension would be situated in an area that currently has a decked area. This will be removed to allow for the extension to take place. The deck will be repositioned at the side of the proposed extension. The front garden will also be mono-blocked.

1.2 The extension will measure approximately 3.8 metres x 8.8 metres and will be finished to match the existing materials (white roughcast and dark roof tiles). The roof will be mono-pitched. At its highest point the extension will measure 4 metres in height.

1.3 There will be 2 sets of windows on the rear elevation that will look out into the existing garden. There will be a set of French doors positioned on the side elevation that will allow access to the repositioned decking area.

2. Development Plan

2.1 There are no strategic issues in terms of the Glasgow and the Clyde Valley Joint Structure Plan 2000 and the application can be assessed against the relevant provisions of the Local Plan.

2.2 This site is covered by policy HG3 (Retention of Residential Amenity) and HG5 (House Extensions) of the Northern Corridor Local Plan 2005,Policy HG3 states that there will be a presumption against development that adversely affects the amenity of established housing areas. Policy HG5 sets out guidelines for new development concerned with garden ground loss, daylight, privacy etc

3. Consultations and Representations

3.1 No consultations were necessary with respect to this application.

3.2 One letter of representation has been received from Mr T McCormack and Miss L Kyle of 4 Hayle Gardens Moodiesburn. Their main points of objection and my comments thereon are as follows;

The proposed extension will result in a significant loss of daylight and sunlight and will have an adverse effect on our visual amenity.

Comments: The rear of Number 4 Hayle Gardens is north east facing. Due to this any overshadowing from the extension will be minimal and would occur during early morning and would be largely over garden ground. Thereafter the sun will be positioned to the south west/ rear of the property. The kitchen is the room that may suffer a loss of daylight. Currently there is fencing on the boundary measuring 1.5 metres in height rising to 2 metres. The kitchen is not considered a habitable room, the loss cannot be considered as a material consideration. This is also the case in term of the loss of view.

The proposed extension is over dominant in relation to the existing property and the percentage of garden space taken up is excessive.

Comments: The property does not take up a large amount of garden space in relation to what currently exists. There is currently approximately 250 square metres of garden space. The extension will measure approximately 33 square metres which is not over dominant for the area.

4 Plannina Assessment and Conclusions

4.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This proposal is not contrary to Local Plan Policy.

4.2 The scale and design of the proposed extension are acceptable. The objections are mainly related to overshadowing, loss of view and the percentage of garden space that will be lost. Overshadowing will be minimal due to the orientation of the rear of the properties. Any loss of daylight will be into non-habitable rooms. There is more than adequate garden space for the extension to not be detrimental, and the loss of view cannot be considered as a material consideration.

4.3 Having taken account of all the relevant material planning considerations, it is recommended that planning permission be granted. Application No: C/06/01565/AMD

Date Registered: 20th September 2006

Applicant: Gateway Homes Ltd 83D Patrick Thomas Court Candleriggs Glasgow G1 ILF

Agent Pollock Design - Chartered Architect Tandlemuir House Lochwinnoch PA12 4LB

Development: Erection of 132 Flatted Dwellinghouses (Part Retrospective) (Amendment to C/05/01919/FUL)

Location: Land At Ballochney Road Plains North Lanarkshire

Ward: 46 Plains And Caldercruix Councillor Thomas Morgan

Grid Reference: 279490 667477

File Reference: CIPLIPLB063ICMIEL

Site History: OI/OOOIO/AMD Erection of 251 Dwellinghouses Granted March 2001 0410071 l/AMD Change of House Types within Phases 1A and 1B (Amendment to Planning Permission C/O1/OOO1O/AMD) Granted 12'h Nov. 2004 04/02052/REM Erection of 52 Dwellinghouses Within Phase 1C Granted 8'h June 2005 05/01 161/FUL Erection of 89 Houses (Amendment to Planning Permission C/O1/00010/AMD) Granted 30thDec. 2005 05/01919/AMD Erection of 38 Dwellinghouses (Part Amendment to C/04/002052/REM) Granted 3rdApril 2006

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991, the application site is located within an area covered by policy HG3 (New Private Sector Housing Development)

Contrary to Development Plan: No

Consultations: Community Services (Comments) Education (No Objection) Scottish Environment Protection Agency (No Objection) Scottish Water (No Objection) British Gas (No Objection) Scottish Power (Comments) British Telecom (No Objection)

Representations:

Newspaper Advertisement: Not Required Planning Application No C/08/01565/AMD Erection of 132 Flatted Dwellinghouses (Amended to PP C/05101919/FUL) Phase 38 & 3C Land at Baliochney Road , Plains Site Area 4.35HA Recommendation: Grant Subject to the Following Conditions:.

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

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

2. That before any further works commence, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

3. That before any of the flatted dwellinghouses hereby permitted are occupied, the fences, or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

4. That before any further works commence, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority including the location, design and materials of bin stores to serve the flats.

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

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

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

6. That prior to the occupation of the last two flatted dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the area.

7. That prior to the occupation of the last two flatted dwellinghouses, the management and maintenance scheme approved under the terms of condition 5 shall be in operation.

Reason: To safeguard the residential amenity of the area. 8. That before any further works commence, a report describing the soil and ground conditions prevailing over the application site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority, and development shall not be commenced until these works have been completed.

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

9. That any remediation works identified by the site investigation required in terms of Condition 8 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible 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

10. That before any further works commence on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. For the avoidance of doubt house completions on site must be aligned to the Scottish Water planned upgrade for Plains STW as agreed in writing with the developer. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

Reason: To prevent groundwater and surface water contamination in the interests of environmental and amenity protection.

11. That the SUDS compliant surface water drainage scheme approved in terms of Condition 10 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a responsible Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

12. Notwithstanding the terms of Conditions 10 and 11, a Flood Risk Assessment shall be submitted to the Planning Authority PRIOR to any further works of any description being commenced on the application site, unless otherwise agreed in writing with the said Authority. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy 7 (SSP 7): Planning & Flooding and Planning Advice Note 69 (PAN 69) : Planning and Building Standards Advice on Flooding.

Reason: In order that the Planning Authority might be satisfied that the proposed development will not give rise to flooding within the application site and will not increase the flood risk elsewhere.

13. That prior to the start of any construction works on the flats at the Phase 3C area hereby approved, the 6 metre wide central carriageway, to the south of the development site, shall be constructed in full to the specification of the Roads Authority’s Guidelines for Development Roads 1986.

Reason: In the interests of amenity and traffic and pedestrian safety 14. That within one month of the final completion of the 6 metre wide central carriageway, noted in condition 13, the conversion of the part of Ballochney Road running between the new roundabout on the north boundary and the access to Ballochney Farm shall be converted to a footway, and the statutory procedures specified in Schedule 16 of the Town and Country Planning (Scotland) Act 1997 shall have been completed. For the avoidance of doubt within one month of the date of this permission the developer shall provide full details of works required, closing the road to vehicular traffic and adapting the road to a pedestrian thoroughfare with appropriate surfacing works, gates and planting proposals.

Reason: To allow the necessary statutory procedures to be carried out and ensure the road is adapted to pedestrian use only.

15. That within one month of the opening of the 6 metre carriageway referred to in condition 13 above all works approved under the terms of condition 14 shall have been completed to the satisfaction of the Planning Authority.

Reason: In the interests of amenity and traffic and pedestrian safety

16. That within 6 months of the date of this permission a footway in accordance with the details approved by the Planning Authority under the terms of this permission shall be constructed between the development site roundabout and Jarvie Avenue, Plains

Reason: In the interests of amenity and traffic and pedestrian safety

17. That visibility splays of 4.5 m by 60 m shall be provided from all parking courts within the development onto the respective public road.

Reason: In the interests of traffic and pedestrian safety

18. That car parking provision shall be at a rate of 1.65 per flatted dwellinghouse in Phase 3C with details of how this provision shall be accommodated to be provided prior to the commencement of any works within that phase.

Reason: In the interests of amenity and traffic and pedestrian safety. 19. That for the avoidance of doubt, prior to the occupation of the last two flatted dwellinghouses in each of the phases 39 & 3C the car parking and footways associated with each respective phase shall be fully completed.

Reason: In the interests of amenity and traffic and pedestrian safety.

Note to Committee . I .,, .,

If the Committee are minded to grant planning permission the decision notice will not be issued until a Section 75 Agreement is signed between the Council and the developer with regard to the agreed financial contribution for the upgrading of the recreational ground off Arbuckle Road and for the provision of a 2m wide link footpath between the development site, the recreational area and Jarvie AvenuelArbuckle Road junction .-

Background Papers:

Application form and plans received 15th September 2006 Letter from Pollock Design (Agent) received 2gthNovember 2006

Memos from Transportation received 16'h, 21'' March and 3rdApril 2007 Memo from Protective Services received 3rd November 2006 Memo from Community Services received 27th November 2006 Memo from Education Department received 12th October 2006 Letter from Scottish Environment Protection Agency received 3rd November 2006 Letter from Scottish Water received 9th October 2006 Letter from British Gas received 9th October 2006 Letter from Scottish Power received 9th October 2006 Letter from British Telecom received 9th October 2006 Memo from Geo-Technical Team Leader received 19th October 2006 Letters from Cllr Morgan received 2"6 and 24'h November 2006 Letter from Scottish Power Energy Networks, St Vincent Crescent, Glasgow, G3 8LT, received 9th October 2006.

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 812376.

Date: 10 April 2007 APPLICATION NO. C1061015651AMD

REPORT

1. Description of Site and Proposal

1.1 Planning permission is being sought for the erection of 132 flatted dwellinghouses at phase 38 and 3C of the ongoing residential development at Ballochney Road, Plains.

1.2 The site sits to the north east of Plains village and is bounded to the north and west by Ballochney Road, to the east by Arbuckle Road to the south by the new distributor road currently under construction.

1.3 There would be 11 separate 3 storey blocks of flats of varying size, each accessed off new parking courts that would be centrally located within each respective development phase. There would be a mix of one and two bedroom flats provided though-out the development. Phase 38 would include 7 blocks with 78 flats and Phase 3C would include 4 blocks with 54 flats, which together would include a total of 132 units with an average parking ratio of 158%, (total of 217 parking spaces).

1.4 The proposed external finishing materials to all of the blocks would be a mix of facing brick and render to the upper level with tiled roof common to all of the flatted blocks.

1.5 The communal areas surrounding the flatted blocks would be shared and the periphery of these areas would be fenced and landscaped. Indicative landscape plans were submitted and these indicate that the periphery of the site would be planted with heavy standard trees to minimise the impact of the development on the surrounding rural area.

1.6 There is no dedicated play area provision. However, the developer has agreed to provide a commuted sum of f500 per flat to allow NLC Community Services to undertake up grading works to the large recreational area located some 200m to the south of the site. As this recreational area is some distance from the development site, the developer is to provide a 2m wide footway along the western side of Arbuckle Road to improve pedestrian links to the recreational area and to Jarvie Avenue. The developer has agreed to enter into a Section 75 Agreement to facilitate these arrangements.

1.7 The developer provided a Transportation Statement in support of the proposals.

1.8 It should be noted that the proposals are being considered partly in retrospect as unauthorised construction works have proceeded on 5 of the flatted blocks proposed at the phase 3B area. The developer has agreed by letter received on 29th November 2006, to cease further construction works on the flats pending receipt of all statutory consents and permissions. Letters have been submitted to the Council confirming that the developer has complied with the request to cease works.

2. Development Plan

2.1 The application site falls within an area zoned as a new private sector housing development (policy HG3) in the local plan. There are no strategic issues. 3. Consultations and Representations

3.1 Scottish Water had no objection to the proposals. SEPA initially objected to the proposals as the Plains Waste Water Treatment Works has insufficient capacity to meet the requirements of this revised development proposal. It was SEPAs view that unless and until the Plains WWTW is upgraded, the North Calder Water will remain at risk of downgrading if there is any discharge of treated sewage effluent. SEPA has advised they are now prepared to withdraw their objection following discussions with Scottish Water and the developer who will align house completions to the Scottish water Upgr;;ide.

3.2 NLC Community Services have no objection to the proposals provided a commuted sum of f500 per flat is provided by the developer, (total of f 66,000) to allow for the upgrading of the play facilities in Plains village. The indicative landscape scheme would require some alterations and a robust management scheme would be required. Alteration to the planting species would be essential to ensure they endured the elements and provided adequate ground cover.

3.3 Cllr T Morgan had no objection to the proposals for the 3 storey flats provided they did not have a detrimental impact on the visual amenity of this part of the village. However concern was noted over additional pressure on the existing roads and lighting infrastructure to accommodate this development.

3.4 NLC Protective Services had no objection to the proposals provided a full site investigation survey is carried out in accordance with the British Standard Code of Practice BS 10175:2001.There was no objection from British Telecommunications plc or Scottish Gas Networks.There was no objection from NLC Geotechnical Section provided the developer seeks advice on ground stability and ground contaminants as the site lies close to a former landfill site. Scottish Power objected to the proposals as there is overhead line apparatus within the site boundary and it is unclear as to whether the apparatus will be affected by the proposal. NLC Education had no objection to the proposal as there is sufficient capacity to accommodate additions to the projected school roles for local primary and secondary schools. There was no objection from the Transportation Section subject to conditions.

3.5 There were no representations received in respect of the proposals.

4. Plannincl Assessment and Conclusions

4.1 The proposals require to be assessed under the terms of the development plan and any other material considerations. There are no strategic planning issues to address.

4.2 The development of this site for housing purposes has previously been granted planning permission and the proposal in principle accords with the terms of the development plan. The current proposals relate to a significant increase in the housing density and amendment to the house type and these aspects require to be assessed under the terms of the design guidance on new housing layouts and space around dwellings and flats.

4.3 The Transportation Section had no objections to the proposals and considered the access and parking arrangements are adequate although it was noted there was a shortfall in visitor parking at the phase 3C development area. The submitted Transportation Statement was considered acceptable. The proposed link footpath between the application site and the existing recreational area is also acceptable in principle and this shall be extended to Jarvie Avenue. The developer has agreed to provide this extended link. This would be subject to a Section 75 Agreement.

...... , ' 4.4 The proposed flats would offer more balance to the other housing types currently proposed within the surrounding development area and offers a choice of accommodation to cater the housing needs of all sectors of the housing market. The communal open space to be provided around each block of flats is acceptable. Whilst most of the adjacent housing developments are 2-storey in height the provision of the 3-storey blocks of flats is acceptable. The visual impact of the flats would be minimised through the use of matching finishing materials to the 2 storey houses. In addition the developer intends to undertake a tree-planting scheme on the periphery of the site and this would provide a soft landscape feature to the urbankural fringe area along Arbuckle Road and Ballochney Road. The proposals are also acceptable in terms of privacy and security as the flats would overlook the communal parking areas and the shared amenity spaces would have robust boundary treatments along the edge of the site. There were no details provided of any bin store areas, however it is envisaged these could easily be accommodated within the site. Details of such provision could be subject to a condition if planning permission is gnnted.

4.5 As noted above, the developer intends to offer a commuted sum of f500 per dwelling (total of f66,OOO)instead of providing dedicated play areas at the site. The commuted sum would be used by Community Services to upgrade the existing recreational area located to the south of the site. In addition a 2m wide link footpath would also be provided between the site, the recreational area with this link path continued to Jarvie Avenue. These arrangements would require the developer to enter into and complete a Section 75 Agreement with the Council before any planning permission is issued.

4.6 There were no adverse comments from most of the consultees noted above and any outstanding requirements for further information could be covered by appropriate conditions, as noted above.

4.7 The initial objection from SEPA relates to a potential water quality issue. It was envisaged by SEPA that due to the increased volume of waste water from the proposed flats, the existing Plains WWTW would not be able to effectively treat the waste and the outflows from the WWTW would then reduce the existing water quality in the North Calder Water. SEPA and Scottish Water have now agreed to a program for the upgrading works timescale and SEPA have withdrawn their objection.

4.8 Under the terms of planning permission C/04/00711/AMD to develop the site, there is a requirement to ensure that part of Ballochney Road be closed as the new distribution road would supersede this section of road. The new road is currently under construction along the southern boundary of the development site and it is envisaged that on its completion this section of Ballochney Road would be closed to through traffic but remain open to pedestrians. The Council will require to promote the formal Stopping Up Order.

4.9 Taking all of the above into account it can be concluded that the proposals are acceptable. As such it is recommended that planning permission be granted subject to conditions and completion of a Section 75 Agreement in relation to the payment of a commuted sum of f66,000 and provision of a footpath, linking the development site to the recreational area off Arbuckle Road and Jarvie Avenue. Application No: C/06/01957/FUL

Date Registered: 24th January 2007

Applicant: Mr J Brad 9-1 1 Palacecraig Street Rosehall Industrial Estate Coatbridge

Agent Mr G Muir 26 Victoria Quadrant Holytown MLI 4XW

Development: Change of Use of Industrial Unit to Truck Stop and Welfare Facilities

Location: 9 - 11 Palacecraig Street Kirkshaws Coatbridge North Lanarkshire ML5 4RY

Ward: 38 Kirkshaws Councillor John Higgins

Grid Reference: 273220663277

File Reference: C/PL/CTP070/CMI/EL

Site History: 06/01992/FUL Part Change of Use of Storage Unit to MOT Station - Granted - 1gth January 2007

Development Plan: The site is zoned ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: None

Representations: 2 letters of representation received.

Newspaper Advertisement: 31st January 2007

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, including the parking bays for articulated vehicles, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

3. That before the development hereby approved is commenced, the following requirements shall be met in full:

(a) The gated access from Palacecraig Street shall be set back a minimum of 15 metres from the heel of the footway. (b) Visibility splays of 2.5 metres x 60 metres shall be achieved and maintained from the junction of the access and Palacecraig Street in both directions, and nothing shall be placed or allowed to grow over 1.05 metres in height above the carriageway level. (c) A 30 metre diameter turning circle to be indicated within the yard area and shall be clearly marked out. For the avoidance of doubt, the operation of the turning circle should not be compromise by the parked vehicles or vehicles which are loading and unloading. (d) A total of 11 car parking spaces shall be provided within the development site, and for the avoidance of doubt, parking bays should be 2.5 metres wide and 5 metres long, with one space suitable for the mobility impaired measuring 3.3 metres wide and 5 metres long. A plan showing the layout of these requirements shall be submitted for the prior approval of the Planning Authority.

Reason: In the interests of road safety and to allow the satisfactory accesslegress to and from the site. Background Papers:

Application form and plans received 28th November 2006

Memo from Transportation Section received on 5'h April 2007 Letter from Strathclyde Police received 2!jth March 2007

Letter from T.M. Smith, Motor Engineer, Unit 2, Palacecraig Street, Coatbridge, received 13th February 2007. Letter from Hayes & Finch, Hanson Road, Aintree, Liverpool, L9 7BP received 15th February 2007.

Monklands District Local Plan 1991, Including Finalised First Alterations A, B & C September 1996

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01236 812381.

Date: 1Oth April 2007 APPLICATION NO. C/06/01957/FUL

REPORT

1. Description of Site and Proposal

1.I This application is for the change of use of an industrial unit to a truck stop and welfare facilities at 9-11 Palacecraig Street, Rosehall Industrial Estate, Coatbridge. The property is a large industrial warehouse which has been subdivided and sits on the corner of Palacecraig Street, where it takes a 90 degree turn to the east. A vehicular access is located at the north western corner of the site leading to the rear yard area with pedestrian access taken from northeast corner of the site from Palacecraig Street. The property lies within Rosehall Industrial Estate and is bounded by existirrg industrial premises and neighbouring games courts.

1.2 The site is relatively flat with the concrete turning/parking area in need of repair with metal palisade fencing along the boundary of the site. The existing palisade fencing along the boundary of the side is to be maintained. There will be a controlled access to the property via the front entrance gates where there is a porta-cabin and the gates will be closed at night after closing hours. The yard will accommodate a maximum of 25 lorries at any one time.

1.3 The proposal seeks to utilise an L-shaped part of the existing building at the northeast corner providing a canteen/lounge, an office with internet access and shower rooms. There is one small external alteration in that a double door will be replaced by one entrance door. The TruckEafe stop will operate from 6.30am to 11.30pm. There will be 3 employees working with one working in the caf6, one at the front entrance and 1 security guard on over night duty.

2. Develooment Plan

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

2.2 The site is zoned ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991.

3. Consultations and Reoresentations

3.1 The Transportation Section have been consulted and no objections subject to visibility splay of 2.5 metre by 60 metres being maintained, entrance gates being set back a minimum of 15 metres from the heel of the footway, a turning circle 30 metres in diameter being provided, parking bays being clearly marked and 10 car parking spaces being provided on site. These can be dealt with through conditions.

3.2 Protective Services have no objection to the proposal.

3.3 Strathclyde Police have advised that the proposal may give concerns for the opportunity for crime in terms of high value loads being transported and kept overnight in such a facility.

.. 3.4 Following the standard neighbour notification and public advertisement procedures two letters of objection were received. The main reasons for objection are as follows:

(a) The use of this location as a Truck Stop will adversely affect the existing businesses and other users of the neighbourhood.

(b) Until recently the site had a mix of light industrial units and only occasional heavy motors accessing the site. Recently the neighbourhood has been under considerable strain on account of the heavy plant trucks from Martin Plant Hire. Moreover the access road and pavements of the industrial estate are in poor condition allowing the use of another heavy vehicle company would cause even greater deterioration of the estate.

(c) In addition to this a neighbouring business has had to turn away a delivery truck bringing supplies as it was unable to enter their premises due to the close proximity to their gates of that company’s employees parked cars. Incidents like this make it necessary for this business to reconsider the viability of their operation in Coatbridge. .. (d) All trucks using the proposed site would need to enter at the junction with Kirkshaws Road, passing in close proximity past both Rosehall School and St Andrews School.

(e) There is no proper drainage on site and the previous use of a car wash caused problems with water running onto the ground of the neighbouring property.

4. Planning Assessment and Conclusions

4.1 The application raises no strategic issues and can therefore be assessed in terms of the local plan policies. The proposals require to be assessed under the terms of the development plan and any other relevant material considerations. The Monklands District Local Plan 1991 zones the area as ECON 2 (Existing General Industrial Areas) where the Council will support the retention of the industrial character of the area. 4.2 In assessing this proposal against the provisions of policy ECON 2, the proposals are considered to comply as the proposal is being located within an appropriately zoned area, and makes beneficial use of a large vacant site which has been rundown for sometime, thereby securing further economic benefit in the form of employment generation in North Lanarkshire and promoting the viability of this industrial estate. Due to the position of the existing building the visual impact of the parked trucks from Palacecraig Street will be minimal. It is proposed that the existing security fencing be repaired and maintained. The impact on traffic circulation and manoeuvring has been considered by the Transportation Section who have advised that they have no objections subject to the requirements stated in paragraph 3.1 above. These requirements can be met in practice and may be secured via the imposition of conditions.While the proposal itself is not an industrial use, it is appropriate to the industrial area due to the need for secure overnight parking for heavy vehicles. These can be reasonably accommodated to most Transportation requirements.

4.3 With regard to comments from Strathclyde Police, the applicant is providing a security guard in order to reduce the level and fear of crime. The existing boundary treatment is considered adequate for deterring people trespassers. In addition to this the gates will be closed and locked after closing hours. This position is considered acceptable. 4.4 In terms of the concerns raised by the objectors, I would respond as follows: As stated in paragraph 4.2 above the proposal complies with local plan policy and is appropriate to and can be accommodated within an industrial area and will help promote the viability of the industrial estate. Therefore it is considered that the proposal will not have a detrimental effect on the surrounding businesses which should be encouraging employees to park responsibly.

With regard to any increased demand on parking and access roads, the proposal makes provision for the recommended 10 off-street car parking spaces as recommended by the Transportation Section. The existing parking problems related to Palacecraig Street are not relevant to this planning application.

This is not a material planning consideration and cannot be assessed as part of this application.

The access road which will be used to enter the site services the industrial site. This access road is also used for buses and staff entering St Andrews High School. The pupil and parent drop off entrance is taken from Old Monkland Road. Therefore it is considered that any detrimental affects in terms of road safety will be minimal given that Palacecraig Street is used by lorries at present and was designed for the existing industrial site.

The proposal is utilising an existing parking area with no additional floor space being provided. Should any problems arise in terms of drainage this can be controlled under separate legislation by SEPA.

4.5 In conclusion, the proposal is not detrimental to the relevant Local Plan policies. It is considered that in terms of siting and transportation requirements the proposed development is acceptable, should positively contribute to the wider area and provide a needed service. Taking into account all material considerations including local policies, it is recommended that planning permission be granted, subject to conditions. Application No:

Date Registered: 20th February 2007

Applicant: Ms Karen Dick 9 Sikeside Place Coatbridge ML5 4HN

Development: Siting of Mobile Snack Van

Location: Carpark West Of J & W Carpets Locks Street Retail Park Locks Street Coatdyke Coatbridge North Lanarkshire

Ward: 47 North Cairnhill And Coatdyke Councillor Peter Sullivan

Grid Reference: 274740 664679

File Reference: CIPLICTL705ICMIIEL

Site History: Various applications relating to the development of the business park.

Development Plan: The site is zoned ECON 8 General Urban Area in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: No letters of representation received.

Newspaper Advertisement: 7'h March 2007

Recommendation: Approve Subject to the Following Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire one year from the date of this permission.

Reason: To enable the Planning Authority to retain effective control

Background Papers:

Application form and plans received 9th February 2007

Memo from Protective Services 2"d and gthMarch 2007

Monklands District Local Plan 1991, Including Finalised First Alterations A, B 81C September 1996

Any person wishing to inspect these documents should contact Miss Charmaine Mills at 01698 302136.

Date: 1Oth April 2007 APPLICATION N0. C/07/00221/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for the siting of a mobile snack van within the car park area of the Locks Street Retail Park at Coatdyke, Airdrie. The application site is located on the east side of Locks Street, Coatbridge and forms part of a larger retail warehouse development with the adjacent units currently accommodating Tile it All, J & W carpets and Club 3000. The snack van would be located at the north side of the car park across from J&W Carpets, adjacent to the car park exit. The car park is hard surfaced and marked out and benefits from some amenity space which softens the built form.

1.2 The proposal seeks to utilise a small area within the car park for the siting of a mobile snack van. The snack van itself occupies 3 parking bays and allows for appropriate circulation space for customers. The site is maintained in a tidy position and has recently benefited from landscape improvements associated with the recent development of a Bingo Hall within the site. The proposed hours of operation for the snack van would be between the hours of 7am and 3pm, seven days a week. The facility will serve customers and workers within the surrounding trading area.

2. Development Plan

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

2.2 The site is zoned ECON 8 General Urban Area in the Monklands District Local Plan 1991.

3. Consultationsand Representations

3.1 The Transportation Section have been consulted and have verbally advised that there is not adequate parking provision for the existing retail warehouse park and the proposal, if granted, would have road safety implications as the snack van would occupy car parking spaces required for existing site uses.

3.2 Protective Services have no objection to the proposal.

3.3 Following the standard neighbour notification and public advertisement procedures no letters of objection were received.

4. Plannina Assessment sind Conclusions

4.3 With regard to the comments from the Transportation Section, whilst the snack van will utilise 3 parking bays, it is considered that there would still be sufficient dedicated provision for this retail warehouse park and that the proposal not result in on-street parking. Vehicular access and circulation arrangements will remain unaffected. The proposal is considered acceptable and as such is unlikely have a detrimental affect on road safety.

4.4 In conclusion, given the temporary nature of the structure, and the adjacent uses I consider the proposal acceptable and recommend that planning permission be granted subject to a condition limiting siting to one year to assess its impact on parking in the area. Application No:

Date Registered: 20th March 2007

Applicant: GME Springs Unit 1, Block 6 Dundyvan Industrial Estate Coatbridge ML5 4AG

Agent John Russell Partnership Anderson House Dundyvan Road Coatbridge ML5 IDB

Development: Extension to Workshop and Relocation of Snack Bar

Location: Unit 1 Block 6 Dundyvan Industrial Estate Souterhouse Path Coatbridge North Lanarkshire ML5 4AQ

Ward: .In Old Monkland Councillor Thomas Maginnis

Grid Reference: 272780 664169

File Reference: C/PL/C/TS345/SMI/EL C/05/01847/FUL - Siting of Mobile Snack Van at Land East Of Unit Site History: 1 Block 6 Dundyvan Industrial Estate Coatbridge granted 4th of January 2006

Development Plan: The application site is zoned as ECON 2 Existing General Industrial Areas in the Monklands District Local Plan 1991

Contrary to Development Plan: No

Consultations:

Representations: None

Newspaper Advertisement: 28'h March 2007

Recommendation: Approve Subject to the Following Conditions:-

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

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

2. That the facing materials to be used for the external walls and roof of the extension shall match in colour and texture those of the existing adjoining building.

Reason: To ensure that the extension matches the external appearance of the existing building and thereby maintains the visual quality of the area.

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

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

4. That prior to the extension hereby permitted first coming into use, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 3 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interest of the environmental amenity of the area.

5 That the permission hereby granted for the snack van is for a temporary period only and shall expire in January 201 1.

Reason: To accord with the terms of the original permission for the snack van.

Background Papers:

Application form and plans received 13th March 2007

Memo from Head of Protective Services received 30th March 2007

Glasgow and Clyde Valley Structure Plan 2000 Monklands District Local Plan 1991, Including Finalised First Alterations A, B 8, C September 1996

Any person wishing to inspect these documents should contact Ms Susan Miller at 01236 812374.

Date: lothApril 2007 APPLICATION NO. C/07/00444/FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks permission for the erection of an extension to an existing workshop and the relocation of a snack van.

1.2 The extension to the workshop is of irregular shape following the boundary of the site with a footprint of approximately 185.2 metres. It will measure 19.5 metres along the northern boundary, 12 metres along its east elevation, and 8.5 along the west elevation. The extension will have a shallow pitched roof with a ridge height of approximately 6 metres and will be finished in materials to match the existing workshops.

1.3 In order to accommodate the extension the existing mobile snack van within the site requires to be relocated approximately 35 metres to the west.

2. Development Plan

2.1 The application site falls within an area designated as ECON 2 General Industrial Areas in the Monklands District Local Plan 1991. There are no strategic implications.

3. Consultations and Representations

3.1 The Pollution Control section was consulted and has not objected but did offer advice on asbestos and the Health 2nd Safety at Work etc 1974.

3.2 Following standard neighbour notification procedures and press advertisement no objections have been received.

4. Plannina Assessment and Conclusions

4.1 Policy ECON 2 (Existing General Industrial Areas) supports the retention of a predominantly industrial character and the continuation of industrial use.

4.2 The occupier GME springs are well established within the industrial estate. The extension is to be erected within the existing yard. There are currently 2 storage containers within the yard adjacent to the Souterhouse Road. It is considered that the erection of the extension will visually improve the area as the yard, storage containers and various materials can be viewed from Souterhouse Road.

4.3 The extension has a higher ridge height than the existing workshop units and will project approximately 2 metres above the existing roofline. The extension requires to be this height to allow the company to work on larger vehicles within the workshop.

4.4 There is an area of existing landscaping to the rear of Block 7 with established trees which will partially screen the extension from the junction of Souterhouse Road and Dundyvan Road. 4.5 The mobile snack van was granted planning permission by the Planning and Environment Committee on the 4'h of January 2006 for its existing position within the site. In order to accommodate the extension within the site the snack van requires to be relocated. The snack van will now be positioned at the north west of the site. The snack van will have its own fenced off area measuring 4.2 metres by 9 metres. This area will be bound by a 2.1 metre high palisade fence (to match existing) and will have a vehicle and pedestrian gate from Souterhouse Path and a pedestrian gate from Souterhouse Road.

4.6 The Snack Van owner has been based in the Industrial Estate for a number of years and within the site for the last year. Mobile snack vans are generally an acceptable feature in industrial estates, with it being noted that they provide a service to local employees. There are no anticipated overriding road safety problems, with the snack van being located off the public road. Similarly it is not anticipated that there will be any amenity problems in the immediate area.

4.7 Taking into account the foregoing it is recommended that planning permission be granted subject to the attached conditions. Application No: S107/00320/CAAD

Date Registered: 23rdFebruary 2007

Ap p Ii ca nt : Mr Strickland Garrion Cottage Garrion Bridge Overtown

Agent Stanley C. Cook M.R.T.P.1 12 Beveridge Terrace Mossend Bellshill

Development: Certificate of Appropriate Alternative Development

Location: Land South Of Garrion Cottage Garrion Bridge Overtown

Ward: 15 Garrion Councillor John Pentland

Grid Reference: 27941 1 651 106

File Reference: S/PL/BF/2/45/EM/MM

Site History: 186/90 Erection of Dwellinghouse at Horsley Brae, Garrion Bridge, Wishaw. Approved 22ndJanuary 1991.

Development Plan: The site is zoned as Green Belt and an Area of Great Landscape Value in the Central Industrial Area Part Development Plan 1964. The site is zoned as ENV6 (Green Belt), ENV15 (Area of Great Landscape Value) and TR7 (South Motherwell - Wishaw Transport Improvements) in the Southern Area Local Plan Finalised Draft Modified (2001,2004 and 2005)

Contrary to Development Plan: Yes

Consultations: Scottish Water (No Objection) Transco (No Objection) Scottish Power (No Objection) SN H (No Objection)

Representations: No letters of representation

Newspaper Advertisement: Not Required.

Recommendation: That a Certificate of Appropriate Alternative Development be issued in respect of Class 9 (Residential) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 subject to the following Condition. Produced by Planning Application No. S I07 / 00320 / CAAD North Lanarkshire Council Fisoning and Environment Dept Ftemlng House, 2 Tryst Road Certificate of Appropriate Alternative Development Cumbernauld, 087 IJW @I01236 6162iO hx 01236816232 Land South Of Garrion Cottage, Garrion Bridge, Oveitown IYmi This mapis repmdumifrom OrdnmceSurrey material lNith the psrmiabn of Ordnanse Suwey Site Area 0.02 ha. on behDifoftheConhdl*rofHerMsy~* Stationery Ome. OCIM copyrbht Unauthorired reproddudion dringescrown mpyrbhlsnd my lead to prosecution or civil proceedinpi North Lanarkshire Council 703023396 2004 A 1. That the application site shall only be used in conjunction with land to the north for a single dwellinghouse.

Reason: To accord with outline permission 186/90 granted in January 1991 for a dwellinghouse.

Background Papers:

Application form and plans received 23'' February 2007 Outline Planning Permission 186/90 for a Dwellinghouse, Granted on 22"d January 1991.

Letter from Transco received 15'h March 2007 Letter from Scottish Water received 12'h March 2007 Letter from Scottish Power received 8'h March 2007 Letter from Scottish Natural Heritage received gthMarch 2007

Central Industrial Area Part Deveiopment Plan 1964 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Land Compensation (Scotland) Act 1963 The Town and Country Planning (Use Classes) (Scotland) Order 1997

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

Date: 10th April 2007 .e

APPLICATION NO. S1071003201CAAD

REPORT

1. Purpose of Application

1.I This is an application for a Certificate of Appropriate Alternative Development (CAAD) under the Land Compensation (Scotland) Act 1963. This type of application is relatively rare, occurring where compulsory purchase of a piece of land is proposed, without agreement between the parties as to the value of the land. A party with a legal interest in the land may apply for a CAAD as a means of defining any development value of the land which can be taken into account in assessing the compensation for the land being compulsorily acquired.

1.2 The applicants seek a Certificate in respect of the part of the land in their ownership which was th," subject of a Draft Compulsory Purchase Order (CPO) issued by the Scottish Ministers on 2 November 1998. The order relates to various parcels of land required for the purpose of the construction of an additional road bridge over the River Clyde near to the existing Garrion Bridge and the construction of roadworks associated therewith, including the construction of a roadway connecting the existing A72 (Lanark Road) with the A71 (Ayr RoadlCornsilloch Road). The CAAD application must be considered primarily on the planning situation at the date on which the Draft Order was published.

1.3 The planning authority must not refuse a certificate solely on the grounds that it would be contrary to policies which have no purpose beyond the scheme for which the compulsory acquisition is being promoted. Broader policies which would prevent any of the Classes of Use proposed can, however, be taken into account.

2. Description of Site and Proposal

2.2 The applicants seek a CAAD and suggest that Use Class 9 (Residential) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 is an appropriate use. No indicative plans were submitted in relation to the use proposed.

2.3 The site forms part of a larger area previously granted planning consent for the erection of a dwellinghouse on 22"d January 1991.

3. Development Plan

3.1 The site is zoned as Green Belt and an Area of Great Landscape Value in the then relevant Central Industrial Area Part Development Plan 1964.

3.2 The same zoning also applies in the up to date Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005), with the site also being covered by policies ENV6 (Green Belt) and ENV15 (Area of Great Landscape Value). This plan was not, however, in existence, at the time of the draft CPO.

3.3 The Glasgow & Clyde Valley Joint Structure Plan 2000, preceded by the Strathclyde Structure Plan 1997 both zone the area as Green Belt and an Area of Great Landscape Value. 4. Consultations and Renrcsentations

4.1 Scottish Natural Heritage (SNH) has offered no objections to the proposals.

4.2 Scottish Water has offered no objections to this application. A SUDS drainage system would be required.

4.3 Transco and Scottish Power have offered no objections to this application, although both may have apparatus within the site, which may require works at the applicant’s expense.

4.4 No letters of representation have been received.

5. Planninn Assessment and Conclusions

5.1 The CAAD procedure requires that the planning authority certifies the alternative development for which planning permission would have been granted for land if it were not proposed to be acquired by an authority possessing compulsory purchase powers. The CAAD procedure requires that account must be taken of Development Plan policies, such as Green Belts. The Development Plan is, however, set aside in so far as the development plan allocates the site for the purpose for which it is being compulsorily acquired. In this case the land is allocated for the use for which it is being acquired (TR7 South Motherwell - Wishaw Transport Improvements) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) but was not allocated as such in the adopted development plan at,the time of issue of the Draft CPO. The applicable policies of Green Belt and Area of Great Landscape Value (AGLV) are the broader policies which must theieio-re be taken account.

5.2 In assessing potential development against relevant Development Plan policies the following is noted; a) Green Belt: The purpose of Green Belt policy is to prevent inappropriate new development in order to safeguard its character and function. Any Use Class development, including the applicants’ suggested residential use, would adversely affect the area by introducing an urbanising element and by reducing the openness of the area. Development would, therefore, be contrary to this policy. b) Area of Great Landscape Value: This policy seeks to protect and enhance the Clyde Valley by resisting any proposal which will have a significant adverse effect on the character and quality of the environment. Any new Use Class development would have a significant adverse effect on the sensitive and high quality landscape and environment at this part of the Clyde Valley and would be detrimental to the local landscape quality. Development would, therefore, be contrary to this policy.

5.3 The relevant national Green Belt planning policy at the time of the draft CPO was covered by Circular 24/1985 “Development in the Countryside and Greenbelts”. This Circular presumes against inappropriate development in the Green Belt and identifies the following main purposes for Green Belt land. Green Belt land should a) maintain the identity of settlements by establishing a clearly defined physical boundary; b) should prevent coalescence; c) should provide countryside for recreation or institutional purposes of various kinds; and d) should maintain the landscape setting of settlements. It also indicates a presumption against development which would have an adverse impact on the environment, landscape and nature conservation. Developrn&it,at this location would have such an adverse impact and therefore is not in keeping with this national planning policy.

5.4 Notwithstanding the above it is noted that outline planning permission for a dwellinghouse (ref 186/90) was granted in January 1991 on the current application site plus land to the north. In granting this permission it was determined that the policy objections were outweighed by material considerations relating to the position and character of the site. In particular it was noted that this was a constrained section of garden whereby a dwellinghouse would not look significantly out of place and would not set a precedent for similar developments in more open parts of the Clyde Valley. Although this permission had lapsed by the 1998 date for considering the current CAAD application it is a material consideration, particularly in that there had been no physical or policy changes in the intervening period.

5.5 Taking account of the above it is considered that the previous grant of outline planning permission for a dwellinghouse on the application site and land to the north outweighs the Development Plan presumption against development on the site. As such it is recommended that a CMD be granted for Use Class 9 (Residential) subject to a condition limiting potential development to a single dwellinghouse. Application No: S107100321ICAAD

Date Registered: 23rdFebruary 2007

Applicant: Mr & Mrs Burk & Mr & Mrs Bell Garrion Hurst & Garrion Mill Garrion Bridge Overtown

Agent Stanley C. Cook M.R.T.P.1 12 Beveridge Terrace Mossend Bellshill

Development: Certificate of Appropriate Alternative Development

Location: Land Adjacent To Garrionhurst And Garrion Mill Garrion Bridge Overtown

Ward: 15 Garrion Councillor John Pentland

Grid Reference: 279378650987

File Reference: S/PL/BF/2/45/EM/MM

Site History: No relevant site history.

Contrary to Development Plan: Yes

Consu Itations: Scottish Water (No Objections) Transco (No Objections) Scottish Power (Objection)

Representations: No letters of representation

Newspaper Advertisement: Not Required.

Recommendation: That a Certificate of Appropriate Alternative Development be issued in respect of Nil Classes of the Town and Country Planning (Use Classes) (Scotland) Order 1997 as the site is considered to be only appropriate for private amenity space associated with existing dwellings. Produced by North Lanarkshire Council Planning Application No. S I07 I00321 / CAAD Planning and Environmnt Dept Flemiq Hou~,2TrysttRcad Certificate of Appropriate Alternative Development Cumberoauid, 087 1Jw telOlUa 016210 fax OIL% 61m32 Land Adjacent To Garrion Hurst And Garrion Mill, This mep Is repmduced from Ordnance Suwey Garrion Bridge, Overtown material wrtir the permission 04 Ordnance Suwey M behandtheContrdlerofH*,rM~j~~~ Satlonery Offlca. 0 Cr- urpyrbht Unauthorised Site Area 0.17 ha. reprodudon iofrmpaCrwm mpynght and my bad to prooBcutbn or civil pweedlngs. No& Lanarkshire Council 1000233W 2024 Background Papers:

Application form and plans received 23'' February 2007.

Memo from Conservation & Greening Section received 1tjth March 2007 Letter from Transco received 13'h March 2007 Letter from Scottish Water received 12th March 2007 Letter from Scottish Natural Heritage received gthMarch 2007

Central Industrial Area Part Development Plan 1964 Southern Area Local Plan, Finalised Draft (Modified 2001, 2004 and 2005) Land Compensation (Scotland) Act 1963 The Town and Country Planning (Use Classes) (Scotland) Order 1997

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01698 3021 37.

Date: 10th April 2007 APPLICATION NO. S/07/00321/CAAD

REPORT

1. Purpose of Application

1.I This is an application for a Certificate of Appropriate Alternative Development (CAAD) under the Land Compensation (Scotland) Act 1963. This type of application is relatively rare, occurring normally where compulsory purchase of a piece of land is proposed, without agreement between the parties as to the value of the land. A party with a legal interest in the land may apply for a CAAD as a means of defining any development value of the land which can be taken into account in assessing the compensation for the land being compulsorily acquired.

1.3 In terms of the regulations governing the assessment of CAAD applications, the planning circumstances at the date of the publication of the Draft Compulsory Purchase Order must guide the decision. In this case the relevant date is 2"dNovember 1998.

1.4 The planning authority must not refuse a certificate solely on the grounds that it would be contrary to policies which have no purpose beyond the scheme for which the compulsory acquisition is being promoted. Broader policies which would prevent any of the Classes of Use proposed can, however, be taken into account.

2. Description of Site and Proposal

2.1 For the purposes of this application the description of the site is that of how it would have previously appeared at the time of the Compulsory Purchase Order. The application site comprises 0.22 hectares of ground adjacent to the line of the old A71 and would have formed part of the curtillage of Garrionhurst (C-Listed) and Garrion Mill residential properties. The site sits in between the old A71 and Garrionhurst, to the southwest of the access leading to the existing properties.

2.2 The application site would have formed an area of open space associated with the existing dwellings and would have been part of the dwellings curtillage.

2.3 The applicants seek a CAAD and suggest that Use Class 9 (Residential) of the Town and Country Planning (Use Classes) (Scotland) Order 1997 is an appropriate use. No indicative plans were submitted in relation to the use proposed.

3. Development Plan

3.1 The site is zoned as Green Belt and an Area of Great Landscape Value in the then relevant Central Industrial Area Part Development Plan 1964.

3.2 The same zoning also applies in the up to date Southern Area Local Plan Finalised Draft (Modified 2001, 2004 8, 2005), with the site also being covered by policies ENV6 (Green Belt) and ENV15 (Area of Great Landscape Value). This plan was not, however, in existence, at the time of the draft CPO.

3.3 The Glasgow & Clyde Valley Joint Structure Plan 2000, preceded by the Strathclyde Structure Plan 1997 both zone the area as Green Belt and an Area of Great Landscape Value.

4. Consultations and Representations

4.1 The Conservation and Greening Section manager has commented that the site is located along the Clyde Valley which is valued as having very good landscape quality. The site was and is located at a very prominent location. Because of the sensitivities of the site development would need to be judged by the capacity of the landscape to take on the proposal. It is therefore considered that the site would have been best kept for conservation, but if other developments were allowed the potential of the site would be for another residential dwelling of good quality. Commercial operations would not be considered appropriate because of the often associated higher volume of traffic in an already congested area.

4.2 Scottish Natural Heritage (SNH) has offered no objections to the development of this site but has noted that due to the proximity of the development to the bank of the River Clyde, and the flooding risks inherent with this section of the river, there may be limitations on the type and size of development that could occur safely without detriment to the watercourse.

4.3 Scottish Water has offered no objections to this application. A SUDS drainage system would be required.

4.4 Transco have offered no objections to this application, although Transco may have apparatus within the site, which may require works at the applicant's expense.

4.5 Scottish Power have objected to the application as they have an operational substation and underground apparatus within the proposed site.

4.6 No letters of representation have been received.

4.7 The applicant has requested a site visit and hearing should it be recommended that a CAAD is not granted for residential use.

5. Planninn Assessment and Conclusions

5.1 The CAAD procedure requires that the planning authority certifies the alternative development for which planning permission would have been granted for land if it were not proposed to be acquired by an authority possessing compulsory purchase powers. The CAAD procedure requires that account must be taken of Development Plan policies, such as Green Belts. The Development Plan is, however, set aside in so far as the development plan allocates the site for the purpose for which it is being compulsorily acquired. In this case the land is allocated for the use for which it is being acquired (TR7 South Motherwell - Wishaw Transport Improvements) in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) but was not allocated as such in the adopted development plan at the time of issue of the Draft CPO. The applicable policies of Green Belt and Area of Great Landscape Value (AGLV) are the broader policies which must therefore be taken account.

5.2 In assessing potential development against relevant Development Plan policies the following is noted; a) Green Belt: The purpose of Green Belt policy is to prevent inappropriate new development in order to safeguard its character and function. Any Use Class development, including the applicants' suggested residential use, would adversely affect the area by introducing an urbanising element and by reducing the openness of the area. Development would, therefore, be contrary to this policy. b) Area of Great Landscape Value: This policy seeks to protect and enhance the Clyde Valley by resisting any proposal which will have a significant adverse effect on the character and quality of the environment. Any new Use Class development would have a significant adverse effect on the sensitive and high quality landscape and environment at this part of the Clyde Valley and would be detrimental to the local landscape quality. Development would, therefore, be contrary to this policy.

5.3 The relevant national Green Belt planning policy at the time of the draft CPO was covered by Circular 24/1985 “DeveIQpment in the Countryside and Greenbelts”. This Circular presumes against inappropriate development in the Green Belt and identifies the following main purposes for Green Belt land. Green Belt land should a) maintain the identity of settlements by establishing a clearly defined physical boundary; b) should prevent coalescence; c) should provide countryside for recreation or institutional purposes of various kinds; and d) should maintain the landscape setting of settlements. It also indicates a presumption against development which would have an adverse impact on the environment, landscape and nature conservation. Development at this location would have such an adverse impact and therefore is not in keeping with this national planning policy.

5.4 Taking account of the above it is considered that a Class 9 (Residential) use, as suggested by the applicants, would not have been appropriate for this site given that development would constitute an encroachment into the countryside. It would also have significantly affected the character of the Green Belt and Area of Great Landscape Value at this location by virtue that it would displace a natural greenfield site already utilised for amenity spaced associated with the existing dwellings. Such development would have had a visual impact at the site and from the wider area as it would have been visible from the A71 and have been detrimental to the landscape setting of the area. For these reasons it is considered that any other alternative Use Class development would have been unacceptable at the site.

5.5 In conclusion, it is considered for the purposes of the Certificate of Appropriate Alternative Development that the site could not have been satisfactorily used for Class 9 (residential) purposes as proposed by the applicant, or for any other use class given the sensitive and prominent nature of this rural site. It is therefore recommended that a CAAD be issued in respect of Nil Classes of the Town and Country Planning (Use Classes) (Scotland) Order 1997 as the site is considered to be appropriate only for private amenity space associated with the existing dwellings. Application No: S/O 7/0032610 UT

Date Registered: 28th February 2007

Applicant: Mr S Wightman Clo 77 Kirklee Road Mossend Be1Ish i I I ML4 2RU

Agent Stanley C. Cook M.R.T.P.1 12 Beveridge Terrace Mossend Bellshill NIL4 2RJ

Development: Erection of Two Dwellinghouses (In Outline)

Location: 77 Kirklee Road Bellshill ML4 2RU

Ward: 28 Mossend East And New Stevenston North Councillor Kevin McKeown

Grid Reference: 275061 659457

File Reference: S/PLIBF/7I70/LC/MM

Site History: Site of the former Kirklee Cottage (now demolished) 1985 - Outline Consent granted for 3 dwellinghouses. One was built. S/98/01556/OUT- Construction of Dwellinghouse. Granted August 1999 S/98/01557/OUT - Construction of Dwellinghouse. Granted August 1999 S/06/01191/0UT - Erection of Two Dwellinghouses (In Outline). Refused November 2006

Development Plan: The site is zoned in the Adopted Bellshill and Mossend Local Plan as E2 - Greenbelt. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as ENV 6 - Greenbelt.

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (Comments) Scottish Water (Comments) British Gas (0bject ions) Scottish Power (Comments) Health and Safety Executive (Comments)

Representations: No letters of representation received.

Newspaper Advertisement: Advertised on 8th March 2007 Lanarhshlre CoundI I00326 I OUT mg and EnvironmentDwt 2 Tvat Road ERECTION OF TWO DWELLINGHOUSES ( IN OUTLINE ) Cumbwnwld, G67 1Jw A LAND AT 77 KIRKLEE ROAD, BELLSHILL 1:4,000 telO1236616210 laxO125(1816232 Recommendation: Refuse for the Following Reasons:.

1. The proposed development is contrary to policies ENV6 (Green Belt) and HSG12 (Housing in the Green Belt) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 & 2005) and Scottish Planning Policy 21 Green Belts in that there is no proven justification for additional dwellings at this location, and therefore could set a precedent for similar applications within the Green Belt, to the detriment of its character and function.

2. The proposal is contrary to policy TR13 (Assessing the Transport Implications of Development) of the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) as the access for the site, coupled with the lack of footways and streetlighting on this section of private road, would be unsuitable to accommodate additional vehicular traffic on this section of private road in an acceptable and safe manner and would be to the detriment of road and pedestrian safety.

3. That the development would pose an unacceptable risk to future residents due to the close proximity of the High Pressure Gas Pipeline, as advised by Scottish Gas Networks.

Note to Committee If granted, the application will require to be referred to the Scottish Ministers in accordance with the Town & Country Planning (Notification of Applications) (Scotland) Amendment Direction 2006, as the development constitutes a departure from the Development Plan on Green Belt Land.

Background Papers:

Application form and plans received 28th February 2007

Memo from Transportation Team Leader, received 13'h March 2007 Memo from Head of Protective Services, received IdthMarch 2007 Memo from Geotechnical Team Leader, received 2 April 2007 Letter from Health and Safety Executive, received 12'h October 2006 Letter from Scottish Natural Heritage received 9th March 2007 Letter from Scottish Water received 20th March 2007 Letters from British Gas received 15th March 2007 and 20thMarch 2007 Letter from Scottish Power received 9th March 2007

Adopted Bellshill and Mossend Local Plan 1985 Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) SPP 3 Planning for Housing SPP 21 Green Belts

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

Date: 10th April 2007 APPLICATION NO. S10710032610UT

REPORT 1. Description of Site and Proposal

1.I This application seeks to renew an expired permission for the erection of 2 dwellinghouses in outline. The application rite is located within the garden ground of the existing Kirklee Cottage, some 205 metres from the built-up area of Mossend. Within the site boundary (approximately 4 metres to the east of the indicative location of the proposed houses) lies the Bellshill to Motherwell High Pressure Gas Pipeline, and beyond is the Motherwell to Cumbernauld train line. The site is gently undulating throughout and comprises mainly of grassland and vegetation, with mature trees running along the north, east and southern boundaries.

1.2 The site is accessed via a private road leading from Kirklee Road that is owned by the applicant. The road is unadopted and is currently in poor condition.

1.3 Since this application has been submitted in outline, no elevational details have been submitted at this time.

1.4 In 1985, outline planning permission was granted for 3 houses on this site, but only one house was constructed. The outline consent for the other two houses lapsed, and subsequent applications S/98/01556/0UT and S/98/01557/0UT sought permission for the erection of 2 dwellinghouses. These applications were granted at the Planning and Environment Committee in August 1999 but reserved matters applications were never submitted. Thus, these consents also lapsed, necessitating the submission of planning application S/06/01191/0U~.However, this application was refused at the Planning and Environment Committee on 29 November 2006.

2. Development Plan

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

2.2 The site is zoned as E2 - Greenbelt in the Adopted Bellshill and Mossend Local Plan 1985. More contemporary is the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) which also zones the site as ENV 6 - Greenbelt.

3. Consultations and Representations

3.1 The Transportation Section have objected to the proposal and have commented that Kirklee Road is private beyond the junction with Lee Place. The final 250 metres of Kirklee Road up to the driveway of the application site is single track, with no passing places, footways or streetlighting. There are significant potholes along its unsurfaced length, and there are no turning facilities at the end. As the private road currently serves 2 dwellings and a business, and given the aforementioned shortcomings, it is concluded that the majority of this private length of Kirklee Road is unsuitable to accommodate additional vehicular and pedestrian traffic.

3.2 The Protective Services Section have commented that a site investigation survey should be submitted prior to the commencement of any works to confirm that the site is free of any harmful contaminants. In addition, since the site is adjacent to a railway line and a 24 hour industrial operator, a noise and vibration impact assessment should be submitted to assess any possible adverse effects that rail traffic or industrial noise may have on the development when com pleted. 3.3 The Geotechnical Section commented that they were unaware of any flooding incidences in the vicinity, however the absence of flood reports should not be interpreted as an absence of flood risk. Insufficient information has been provided in respect of foul and surface water drainage, but any systems should be designed in accordance with Planning Advice Note 61 and SPP 7 - Planning and Flooding. In addition, the site lies within an area where abandoned shallow mine workings may be present. Therefore the applicant should seek the advice of an appropriately qualified engineering geologist or mining engineer to ensure the development is not at risk.

3.4 Scottish Water had no objections to the proposal, but advised that a separate drainage system will be required with the surface water discharging to a suitable outlet. Scottish Water supports the principle of a sustainable urban drainage system (SUDS) but will not adopt surface water drainage systems that require the flows to be pumped.

3.5 The Health and Safety Executive (HSE) did not advise against the granting of this permission, however as the proposed development is within consulting distance of a major hazard pipeline, the pipeline operator should be contacted.

3.6 The pipeline operator, Scotland Gas Networks, advised that the building proximity distance to this Bellshill to Motherwell pipeline is 16 metres. As such, Scottish Gas Networks stated that they would not support the application for new development to be constructed within 4 metres of the High Pressure Pipeline. Despite the consent of the previous applications, where a stand-off distance of 6 metres was acceptable, Scottish Gas Networks confirmed that current procedures would no longer support this.

3.7 No objections were received from Scottish Power. Scottish Natural Heritage did not object to the proposals but advised that any effects on protected species must be fully considered prior to determining this application.

3.8 Following the press advertisement and neighbour notification procedure, no letters of representation have been received in relation to this application.

4. Planninn Assessment and Conclusions

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

4.2 The application site is within land zoned as Greenbelt in the adopted Bellshill and Mossend Local Plan 1985 and Greenbelt Policy ENV 6 in the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005). Policies HSG 12 (Housing in the Green Belt and Countryside) and TR13 (Assessing the Transport Implications of Development) are also relevant.

4.3 Policy E2 of the Adopted Bellshill and Mossend Local Plan states that within areas defined as Green Belt, there will be a presumption against any development which is not clearly required in connection with agriculture, forestry, sport or other open space uses. In assessing this proposal against policy E2, the applicant has indicated that the proposed dwellinghouses are not required for agriculture, forestry, sport or other appropriate use, and therefore since there is no justification for the provision of two houses at this location, the proposal is contrary to policy E2.

4.4 In addition, the Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as ENV6 - Green Belt, and states that the Council will safeguard the character and function of the Green Belt within which there is a presumption against any development other than that associated with agricultural or other appropriate rural uses. As indicated above, no such justification exists in this case. The proposal is therefore contrary to policy ENV 6. 4.5 Policy HSG 12 states that in determining applications for new housing in the Green Belt and Countryside, a number of criteria should be taken into account. This policy states that new houses, which do not form replacement dwellings, will only be permitted where there is a proven operational need in accordance with policies ENV 6 Green Belt. Other criteria include the visual prominence of the site: the compatibility of the design to the rural location; the incorporation of traditional design features and external finishing materials: the provision made for vehicular access and site drainage. In assessing this proposal against the criteria of HSG 12, it is clear that there is no proven operational need for new houses at this Green Belt location. Apart from the views from the adjacent railway line, the site is not a visually prominent location within the Green Belt as it is screened by a number of mature trees, and the railway line to the east and industrial area to the north act as a buffer between the site and adjoining Green Belt and existing residential areas beyond. Since the proposal is applied for in outline only, no details have been submitted regarding the finishing materials or design features of the development. Similarly, drainage details would form part of a reserved matters application if this application was granted. In relation to the vehicular access, this is addressed in the following paragraphs and is examined under policy TR 13. It is considered that the proposal is contrary to HSG12.

4.6 Policy TR 13 (Assessing the Transport Implications of Development) sets out criteria to consider including the level of traffic generated and its impact on the environment and adjoining land uses; the impact of the development on road traffic circulation and road safety and; the provisions made for access, parking and vehicle manoeuvring. The aim of this policy is to ensure that developments which generate traffic have suitable access, parking and manoeuvring, and this is important in the assessment of this application. As indicated in paragraph 3.1, the Transportation Section have expressed concerns over the proposals. It is considered that the plots afford adequate space for parking and turning facilities. However, the poor condition of the single track access to the site, the lack of footways and streetlighting mean that the access is not suitable for increased vehicular or pedestrian use. This section of private road could not be used in an acceptable and safe manner. Whilst the applicant could possibly upgrade the road (subject to agreement with other communal owners), the costs of doing so are likely to prove prohibitive for such a small development and it is more realistic that the road would require to remain in its current sub-standard condition. As currently proposed, the development does not comply with Policy TR 13.

4.7 Scottish Planning Policy 21 (Green Belts) was published by the Scottish Executive in April 2006 and replaces the previous Circular 24/1985 (Development in the Countryside and Green Belt). This policy states that there should continue to be a strong presumption against inappropriate development in green belts. SPP 21 identifies several appropriate uses in the Green Belt, namely: agricultural uses, including the re-use of historic agricultural buildings in keeping with their surroundings; Woodland and forestry, including community woodlands; horticulture, including market gardening (but not retailing unconnected with or out-of-scale with this purpose); and recreationai uses that are compatible with an agricultural or natural setting. The proposal does not fall within any of these acceptable exceptions. Urban sprawl and ribbon development should be avoided and isolated development in the countryside should be discouraged. This proposal is outwith the BellshilllMossend settlement boundary and although the application site is located within the garden ground of an existing property, it is considered that the proposed housing would create an undesirable form of development at this location. It is considered that in this instance the proposal is likely to set a precedent for similar residential developments within the Green Belt. Further planning policy which is relevant to this application is SPP 3 Planning for Housing which states housing requirements should be met within the existing towns and villages, in order to prevent sprawl and coalescence of settlements. As stated in paragraphs 4.3, 4.4 and 4.5 above, the proposed dwellings represent a sporadic development within the Green Belt that cannot be justified, and this may set a precedent for other developments, to the detriment of the character and function of the Green Belt. The proposal is clearly contrary to national planning policy. 4.8 In addition, the presence of the High Pressure Gas Pipeline within close proximity of the site represents a constraint to the development that cannot be overcome by the applicants, as the required 16 metres building proximity distance cannot be achieved. Although HSE raised no objections, Scottish Gas Networks have recommended refusal of this application for health and safety reasons in that the proposed dwellings would be situated within dangerously close proximity to the Motherwell to Bellshill High Pressure Gas Pipeline. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) identifies that there is a restriction on development within close proximity to High Pressure Gas Pipelines where development is constrained.

4.9 With regard to the other consultation responses, the requirements of Protective Services, Geotechnical and Scottish Water could be adequately dealt with by the imposition of suspensive conditions if planning permission is granted. With regards to the comments made by SNH in connection with the effects on protected species, a report could have been requested prior to decision, but given the recent refusal decision, it was not considered of benefit to pursue the submission of this information given the repeat likelihood of a refusal recommendation.

4.10 The site history is also a relevant material consideration that requires to be taken into account when assessing this application. It is noted that the previous application, granted in 1985 for three houses in outline. was not fully implemented and therefore this permission has lapsed. The subsequent approvals in 1998 have also lapsed. However, since that time, SPP 21 has been published, and this places a stronger presumption against inappropriate development in the Green Belt. Although SPP 21 lists examples of where appropriate Green Belt development may apply, this proposal does not meet those terms. The Council has been commended in the past on appeal for more rigorously applying the protection of Green Belt areas on sites which have benefited from approval in the past but to which consents have subsequently lapsed. This is further strengthened by the previous refusal of application S/06/01191/OUT for the same site and proposal, which the Planning and Environment Committee determined in November 2006.

4.1 I In conclusion, the applicant has not provided an appropriate justification for the dwellings within the Green Belt and as such, the proposed development is contrary to local plan policies ENV 6 and HSG 12, and national planning guidance. Access to the site is substandard and cannot accommodate additional traffic without being of detriment to highway safety. As such, the proposal is also contrary to policy TR 13. Furthermore, the site is within close proximity to a High Pressure Gas Pipeline and Scottish Gas Network recommend that this application be refused. No material change in circumstances have arisen since the previous refusal decision in November 2006, which would lead me to alter my consideration of the application, therefore taking into account all of the above, it is recommended that planning permission be refused.

4.12 It should be noted that the agent has requested that a site visit and hearing be undertaken prior to a decision being made on the application.

_. .I. Application No: S107100366lAMD

Date Registered: 7th March 2007

Applicant: Vodafone UK Ltd Clo Agent

Agent Mono Consultants Ltd .- 48 St Vincent Street Glasgow G2 5TS

Development: Installation of 16.44 metre high telecommunications monopole with associated equipment. (Amendment to S1061017931FUL) Location: Land At Earn Avenue Righead Industrial Estate Uddingston

Ward: 23 Viewpark Councillor James McCabe

Grid Reference: 272896665400

File Reference: SIPLIBI9Il 12lSMCC

Site History: 06101793 Installation of 15 Metre High Street Works Monopole and Associated Equipment. Approved 15th December 2006

Development Plan: - The site is zoned in the Adopted Bellshill and Mossend Local Plan as II- Areas where new Industrial Developments will be Concentrated. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 8 (Established Industrial Areas)

Contrary to Development Plan: No

Consultations: No external consultations

Representations: None received

Newspaper Advertisement: Not Required

Recommendation: Grant Subject to the Following Conditions:-

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

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

2. That in the event that the telecommunications equipment, supporting structure or the apparatus within the site becomes redundant it must be removed to the satisfaction of the Planning Authority within one month of becoming redundant. If the site ceases to be used for telecommunications transmission, it must be reinstated to the satisfaction of the Planning Authority within six months of cessation.

Reason: To minimise the level of visual intrusion and to ensure the reinstatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 7'h March 2007 Memo from Transportation Team Leader received 10th March 2007

Any person wishing to inspect these documents should contact Mr Stewart MacCallum at 01698 302085. AP PL IC AT 10 N N0. S/07/00366/AM D

REPORT

1. Description of Site and Proposal

1.I This application seeks an amendment to a previous consent (S/06/01793/FUL) which was for the installation of a 15 metre high telecommunications streehvorks monopole with 3 antennas, 1 transmission dish, associated ground-based cabinets and palisade fence. The application would see an additional 14cm added to the overall height of the monopole mast due to a change in the type of installation now available from the applicants supplier.

1.2 The application site lies to the north of Old Edinburgh Road within the Righead Industrial Estate, Bellshill. This area is primarily industrial in nature, and the application site lies on the grass embankment to the immediate north of an existing unit on Earn Avenue, set back approximately 6 metres from the road. There are a number of small business units to the south of the application site and larger industrial units to the north, east and west.

1.3 The applicant has supplied a supporting statement that indicates the need for a mast within this area to meet a shortfall in coverage, which will be of general benefit to business, and domestic users in the area. An ICNIRP compliance certificate was also submitted confirming that the mast is within public health guidelines as required.

2. Development Plan

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

2.2 The site is zoned as I1 (Areas Where New Industrial Developments will be Concentrated) in the Adopted Bellshill and Mossend Local Plan. The Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 8 (Established Industrial Areas).

3.0 Consultations and Representations

3.1 The Transportation Team Leader had no comments to make with regards to this application.

3.2 Following the standard neighbour notification procedure, no representations were received.

4. Planninn Assessment and Conclusions

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

4.2 In assessing this proposal it is necessary to consider that the site is zoned in the adopted Bellshill and Mossend Local Plan as an industrial area. This policy seeks to concentrate industrial development within the designated areas. As expected of a local plan of this age, there are no policies relating to telecommunications development. 4.3 Similarly, the emerging Southern Area Local Plan Finalised Draft (Modified 2001, 2004 and 2005) zones the site as IND 8 - Established Industrial and Business Areas. This policy states that the Council will seek to retain the existing character of established industrial and business areas by safeguarding the existing uses. It is considered that the monopole will cause very little impact on the character of the industrial area given its discrete, slimline proportions and as such the existing uses will be safeguarded, the minor increase in height of 14cm would cause little change to the previous proposal (06/01793). In terms of the industrial policies, the proposal is acceptable.

4.4 Policy CS 6 (Telecommunications Development) is also relevant in this case. This policy indicates that telecommunications developments will be considered using a precautionary approach and will seek to locate such developments outwith densely populated areas or areas where there are sensitive uses. Proposals should be sited and designed to minimise the visual impact of the apparatus. The policy outlines the following criteria which should be taken into account when considering applications for telecommunications equipment.

- The proximity of the equipment to housing or public buildings; - The design and visual impact of the apparatus; - The extent to which more suitable alternative sites exist; - The scope for sharing facilities, buildings and other suitable structures.

4.5 The principle of a telecoms mast at this location has already been established by the approval of the previous planning application. In assessing the current application against policy the focus should therefore be on the difference between the approved and the proposed development. This difference being an increase in height of 14cm. The nearest residential properties lie approximately 190 metres to the south east of the site, and due to the aspect and orientation of these properties, no windows will look directly onto the proposed mast. The business unit to the immediate south of the site of the proposed mast is approximately 7 metres in height, and sits slightly higher than the road due to level differences. However, the existing industrial properties act as a visual buffer for the proposed mast, and coupled with the substantial distance to the nearest residential properties, the mast would not be visible from any residential properties, thus causing no detrimental effects to residential or visual amenity. The monopole is 30cm in diameter at the bottom, and gradually reduced to 20cm at the top. The lampposts on Earn Avenue are approximately 8 metres in height; therefore the visual impact of the installation will be minimal due to the presence of existing street furniture. The matters relating to site sharing or alternative locations are not relevant in this case as this an application to slightly amend the approved development. The development is therefore considered to be acceptable in terms of Policy CS 6.

4.6 NPPG 19 and PAN 62 provides support for telecommunications development where the applicants have demonstrated the ability to carefully consider the siting and design options, and where the possible environmental effects have been minimised. It indicates that where the applicant has taken all these factors into consideration, refusal is unlikely to be warranted. The applicant has satisfied the criteria set out in both NPP 19 and PAN 62. Overall, the proposal is in accordance with all relevant national planning policy and the applicant has submitted the ICNIRP compliance certificate as required.

4.7 In conclusion, the proposal is in accordance with the Local Plan policies and national policy guidance in PAN 62 and NPPG 19 Radio Telecommunications. It is considered that in terms of siting and design the proposed development is acceptable and it should not significantly impact on the amenity of the adjacent areas. The increase in height by 14cm from the height of the original consent would be a very minor change to the mast and would not significantly alter the appearance of the mast, therefore I recommend that planning permission be granted, subject to conditions.