AGENDA ITEM No.
North Lanarkshire Council
Planning Applications for consideration of Planning and Transportation Committee
Committee Date: 18 March 2015
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE
18th March 2015
Page Application No Applicant Development/Site Recommendation No
8 14/01975/FUL North Lanarkshire Construction of 20 Grant. Council Dwellinghouses Request for Land At Site visit & North Kilmeny Crescent Hearing Coltness Wishaw
18 14/01987/MIN WAM Land Engineering Works Grant Developments (in retrospect) Site At And North Of Hillside Place G reengai rs ML6 7TX
24 14/02045/FUL SGN Plc Erection of a 1.8m High Grant Palisade Security Fence Site North Of New Edinburgh Road Uddingston G71 6BN
30 14/02170/PPP Brogan Tait LLP Residential Development Grant Brogan Fuels Ltd Nethan Street Forgewood Motherwell ML1 3TF
38 14/02488/FUL Taylor Homes Erection of Five Grant. (Scotland) Limited Dwellinghouses (Plots 2−6) Request for Site At Glen Noble Site visit & Cleland Hearing
50 14/02489/FUL Taylor Homes Erection of Four Grant. (Scotland) Limited Dwellinghouses (Plots 1, Request for 12−14) Site visit& Site At Hearing Glen Noble Cleland 62 14/02491 /FUL Taylor Homes Erection of Five Grant. (Scotland) Limited Dwellinghouses7−11) (Plots Request for Site visit & Site at Hearing Glen Noble Cleland
74 I 5/00072/FUL Tesco Stores Change of Use of Part of Refuse Limited Social Club (Class 11) to Form Convenience Store (Class 1), Including External Alterations, Access Ramp and Installation of Plant Social Club 9 Main Road Cumbernauld G67 4BT
83 15/001 88/FUL Martin Bell Change of Use of Grant Agricultural Land to Bus Depot (Retrospective) and Erection of Garage Land Adjacent To 101 Main Street Newmains Wishaw MI−2 9BG
90 1 5/00284/FUL Viridor Waste Repair, Modification and Grant Management Reinstatement of Existing (Fire Damaged) Waste Transfer Building. Viridor Waste Management Langmuir Way Bargedd ie G69 7RW Application No: Proposed Development:
14/0 1 975/FUL Construction of 20 Dwellinghouses Site Address:
Land At North Kilmeny Crescent Coltness Wishaw North Lanarkshire
Date Registered:
2nd December 2014
Applicant: Agent: North Lanarkshire Council Coltart Earley Civic Centre 11 Clairmont Gardens Windmillhill Street Glasgow Motherwell G3 7LW MI−1 lAB Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 019 Murdostoun 6 letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,
Recommendation:
Approve subject to conditions
Reasoned Justification:
The proposed residential development complies with the principle policy of the adopted Local Plan. In terms of design it is considered that the development would integrate satisfactorily with the surrounding area and not result in significant adverse impact on established residential amenity.
ProposedConditions:−That
the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority. For the avoidance of doubt drawings include: L21 01 − L21 03 (inclusive), L90 001 —1−90 003 (Inclusive), L21 009− L21 014 (Inclusive) and L20 09− L20 14 (Inclusive).
Reason: To clarify the drawings on which this approval of permission is founded.
2. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects, in order to ensure that materials are visually acceptable in a local context.
3. That BEFORE the development hereby permitted starts, a scheme of landscaping for all landscaped areas and all boundary treatments, shall be submitted to, and approved in writing byinclude:the−(a)Planning Authority, and it shall
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. For the avoidance of doubt this scheme shall include structure planting along the west boundary of the site. (c) A timetable for the completion of these works contemporaneously with the development.
Reason: To enable the Planning Authority to consider these aspects.
4. That before the development hereby permitted is brought 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 interests of the environmental amenity of the area.
That'Geo−Environmentalany remediation works identified by the submitted site investigation report Interpretive Report, Innerleithen Drive, Coltness for North Lanarkshire Council' RPS, Ocean Drive, Edinburgh (August, 2013) shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority, prior to the completion of the development, 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.
That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements. 7. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority; full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.
That the SUDS compliant surface water drainage scheme approved in terms of Condition 7 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 CIRIA 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 adjacent to and within the development site.
That before the occupation of the first dwelling, all areas covered by the scheme, approved on drawing 14005 L (90)003 (A) shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as a parking areas.
Reason: To ensure the provision of adequate parking facilities within the site.
10. Thatre−positioningbefore the development hereby permitted starts, details confirming an acceptable of the bus stop (on Kilmeny Crescent) shall be submitted to the Planning Authority for approval following consultation with Strathclyde Passenger Transport and Police Scotland. Thereafter the developer shall relocate the bus stop to the new location before any works start on the three house plots on Kilmeny Crescent.
Reason: To enable the Planning Authority to consider these aspects in detail.
11. 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 way leave area shown on drawing 14005 L (90)003 (A).
Reason: To ensure this area is maintained in the interest of amenity.
12. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 12 shall be in operation.
Reason: In the interests of visual amenity.
13. That, except as may otherwise be agreed in writing by the Planning Authority, no footways shall be stopped up or otherwise diverted until the necessary orders have been obtained and an agreed alternative route is open and available for use.
Reason: To allow for the necessary statutory procedures to be carried out. Background Papers:
Consultation Responses:
The Coal Authority letter received 17th December 2014 & 51h January 2015 Traffic & Transportation memorandum received 5th February 2015 Environmental Health (including Pollution Control) memo received 16th December 2014 and 29th January 2015. Scottish Gas Network letter received 18th December 2014 Scottish Environment Protection Agency letter received 11th December 2014
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632524
Report Date:
4th March 2015 APPLICATION NO. 14101975/FUL
REPORT
1. Site Description
1.1 This application seeks planning permission for the construction of 20 residential dwelling houses on an area of incidental open space within a wider established residential area, Coltness, Wishaw. The site slopes gently from north to south and is bounded by the rear gardens of Ashkirk Place to the east, Walkerburn Drive (Two storey houses) to the south, the rear gardens of Innerleithen Drive, (two storey houses), lockup garages and a small parade of shops to the North. To the west of the site an area of open space will remain. There is currently an area of surfaced car parking on the site which has its access on to Walkerburn Drive but does not appear to relate to a specific development or operation.
2. Proposed Development
2.1 In total, 20 units are proposed with the principal public elevations of the development facing Innerleithen Drive to the North and North Kilmeny Crescent to the South. As an infill development it will result in the loss of an area of amenity open space within the existing residential development. The proposed dwellings are either single or two stories in height with dual pitched roofs form a triangular arrangement in 7 distinct blocks around an internal parking court. Block I and 3 will be two storeys and will be stylistically identical; blocks 2, 5 and 7 will be two storeys in height with some variation in ridge height, while blocks 4 and 6 will be single storey. The proposed finished materials include red facing brick, off white render and grey concrete roof tile. The immediate area around the site is not characterised by consistency in similar materials. On this basis the palette of materials (facing brick, cladding and render) being proposed is also considered to be acceptable in principle at this location.
2.2 The site access will be on Walkerburn Drive with a separate maintenance access being formed around blocks 6 and 7 onto Walkerburn Road for existing sub surface Scottish Gas apparatus within the site boundary. The site will continue to connect Innerleithen Drive to Walkerburn Drive via a foot way connection though some of the existing foot path network within this site currently serving no direct connection will be removed. Several small incidental landscaped areas are proposed throughout the site.
2.3 For information purposes, it is noted that this application is made by North Lanarkshire Council and is exclusively new Local Authority housing.
3. Applicant's Supporting Information
3.1 The applicant has submitted a coal mining assessment report in support of the application.
4. Site History
4.1 As the site was an open space area within an established residential area there is no recent or significant planning history associated with it.
5. Development Plan
5.1 The application site is located within an area covered by policy HCF 1A Residential Amenity in the North Lanarkshire Local Plan. This policy seeks to protect existing residential areas and by a presumption against developments or land uses which would be detrimental to residential amenity. Policy DSP 4 (Quality of Development) is also relevant and is addressed in detail in the Planning Assessment Section below. 6. Consultations
6.1 The following consultation responses have been received:
Scottish Environment Protection Agency (SEPA) advised that the proposal falls within their category type of small−scale local development and therefore provided standing advice.
Traffic and Transportation: Transportation has no objection to the proposal subject to a number of recommendations relating to road junction, footway crossing, sightlines and parking provision. The submitted plan demonstrates an arrangement covering these recommendations and is therefore accepted.
Protective Services raise no objection to the application and have provided comments on potential impact during the construction phase from (noise, dust and nuisance). The applicant has submitted a site investigation report 'Geo−Environmental Interpretive Report, Innerleithen Drive, Coltness for North Lanarkshire Council' RPS, Ocean Drive, Edinburgh (August, 2013) which was reviewed, found to be generally compliant and the following recommendations made regards the proposed remediation strategy. It is recommended in order to progress this application that a condition is attached addressing potential remediation arising from ground investigation works.
Scottish Gas network has provided information on the location of their apparatus within the site area (indicated by way leave area).
Coal Authority: The site falls within a Coal Authority Zone 1 within the development high risk area and following consultation the Coal Authority initially objected to the development. This objection was subsequently withdrawn following receipt of the relevant coal mining supporting information.
7. Representations
7.1 Following the standard neighbour notification process 6 letters of representation were received. Points of objection relate to over development of the area, road safety, overshadowing, localised flooding, proposed layout and parking.
7.2 A request for a site visit and hearing has been received and is based on the following reasons,
• Period for commenting and advice on the application insufficient. • Objection letter not acknowledged for number 2 Watkerburn Drive. • Residents received different layouts with their notification letters.
In response to the foregoing it is noted that the application has been open for comment from validation on the 2' December 2014 to the date of committee l8' March 2015. The Planning Service record also shows that an acknowledgement letter was issued to number 2 Walkerburn Drive on the 19th December following receipt of their comments for considered in this report. It should also be noted that the layout of the development has not been amended from the date of validation to presentation to the committee
8. Planning Assessment
8.1 This application seeks planning permission for the construction of 20 residential units within an established residential area.
8.2 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues and therefore it can be assessed in terms of local plan policy below. 8.3 North Lanarkshire local plan Policy HCF IA Residential Amenity applies to this site where there is a presumption against developments detrimental to residential amenity in primarily residential areas. It is considered that the application complies with this principle policy. Policies DSP 4 is also relevant in considering the proposal design quality and is addressed in turn below.
8.4 Policy DSP 4 Quality of Development considers more development site specific impacts, and provides a range of assessment criteria set out below which are addressed in turn below:
8.5 Part 3(a) of the policy considers Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing, colour, materials and landscaped space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity. For the purposes of this report parts 3(a) and (f) have been considered together as they are so closely linked in terms of the overall assessment.
8.6 The proposed single and 2 storey dwellings do not represent a significant departure from existing dwellings immediately adjacent on the site boundary. As such, will not have a significant impact on existing townscape and may be seen as positive in the context of the wider significant regeneration benefits to Coltness and surrounding dwellings. On balance therefore the wider townscape impacts of the development are considered to be within acceptable limits due to the design of the proposed dwellings and the materials proposed. It is also acknowledged that the overall build footprint within the site continues to fall within acceptable limits.
8.7 The dwellings are a mix of semi detached and terraced dwellings (single and two storeys) comprise of dual pitched roofs throughout with sections of the two storey blocks punctuated by changes in ridge height. The windows are designed to maximise solar gain and provide passive surveillance to the parking courtyard and communal landscaped areas. The blocks are arranged around a parking court and building arrangement ensures that there is no loss of residential amenity in terms of privacy, overlooking or loss of sunlight /day tight.
8.8 Given the foregoing it is therefore considered that design and layout of the development is acceptable and satisfactorily integrates with the surrounding area.
8.9 In considering open space, the document Developer's Guide to Open Space minimum space around dwellings guidance requires that gardens are of an acceptable dimension. While the site slopes gently from north to south with no significant level changes it is noted that on drawing 14005 L (90)003 (A) the applicant is indicating additional minor earthworks these are however not considered significant. It is acknowledged that the layout accommodates a reasonable level of garden ground which will be enhanced by an improved landscape design.
8.10 The applicant while recognising the need for high quality landscaping (pre−application) the initial layout drawing demonstrates that both soft and hard landscaping requires further detailed consideration. Given the importance of the landscaping in both framing and enhancing this development, in particular boundary planting on the western edge of the site which will break towards open space, it is considered that a condition requiring the submission of a detailed landscaping scheme should be placed on any approval in order to provide the required detail.
8.11 The applicants drawing 14005 L (90)003 (A) indicates a level of fence detail which is generally acceptable however it is recommended that an appropriate level of barrier planting is undertaken to soften the transition of the residential development to the remaining area of adjacent open space. A condition covering this additional planting on west boundary is recommended.
8.12 In considering part 3(b) of the policy which looks at whether the proposal provides a safe inclusive convenient and welcoming development which has attractive pedestrian links, integrates with public transport, wider links and assesses the access for cars and appropriate car parking, it is considered that the proposal complies with this part of the policy. 8.13 In considering Part 3(d) of the policy mitigating potential air quality, noise or pollution impacts, and no significant impact is anticipated by virtue of the scale and type of development. It is acknowledged that there will be noise associated with construction works; however, this impact will be temporary in nature with the completed development constituting of everyday noise associated with any residential development. It is considered that the proposal complies with this part of the policy.
8.14 An initial drainage strategy has been discussed at pre−application stage and whilst the principle of this strategy is considered acceptable a condition shall be placed on the consent requiring the implementation of the scheme to be agreed with Scottish Water, and signed off by a chartered engineer as complying with SEPA's guidance on suds, on completion of drainage works. As such the proposal complies with Part 3(e) Protecting Water bodies and SUDS/Drainage.
8.15 Given the foregoing, the design and layout is considered to accord with policy HCF1A and satisfy the terms of policy DSP 4 in the North Lanarkshire Local Plan.
8.16 Other material considerations: It is noted that the applicant intends to seek authority to relocate a bus shelter on Kilmeny Crescent (located to the front of proposed dwellings) however, before relocating this feature details require to be formally submitted for consultation with Strathclyde Passenger Transport the Traffic and Transportation team to implement its relocation. For the avoidance of doubt any proposed relocation should take cognisance of the requirement for separate consent issued by Strathclyde passenger Transport. An informative would be attached to any permission regarding additional consent as well as a planning condition addressing the timing of this consideration.
8.17 The removal of parts of the existing footway requires a stopping up order before removing redundant public footway. This will have a negligible impact on accessibility in the locale and the proposed layout will offer reasonable alternative route. A condition is recommended in covering this aspect of the development.
8.18 The site has the potential to be overlooked by existing CCTV columns and the removal or displacement of these CCTV pillars and cameras is recommended prior to the commencement of the development. An informative attached to the decision is sufficient in bringing this to the applicant's attention.
8.19 The applicant has proposed a secure wayleave area within the site for access to utility infrastructure. In order to ensure this area is adequately maintained a condition is recommended outlining Maintenance schedule covering the area to rear of plots 16−20.
8.20 Consultees: Notwithstanding, matters raised above in consultation responses, suitable planning conditions in relation to the following, boundary treatment, soft and hard landscaping, stopping up order, Scottish Water approval, drainage certification, repositioning of bus stop, maintenance of way leave area and surface finishes are recommended.
8.21 Representation: The following comments are made in respect of the issues raised in letters of representation:
Point of objection: Block 7 shown on drawing 14005 L (90)003 (A) will result in overshadowing of existing neighbouring dwelling at 5 Ashkirk Place.
Comment: The building (block 7) which is two stories in height is positioned approximately 25 metres to the west of the rear of 5 Ashkirk place and as a result of orientation, intervening distance and existing enclosures will not result in significant overshadowing.
Point of objection: The existing car park within the site may be used by surrounding residents to relieve on street parking. Removal of this parking area may give rise to parking on Ashkirk Place and Walkerburn Drive. Comment: Residents opposite this parking area have dedicated in curtilage parking, with additional unrestricted on street and visitor parking available on both Walkerburn Drive and Ashkirk Place. Given that the new development currently meets the Councils parking standards and there are no on street parking restrictions, Transportation have not objected to the proposal.
Point of objection: The resultant increase in traffic from the proposal will give rise to reduction in road safety.
Comment: The development is designed to current roads standards, as such, Transportation have not advised that it will result in a significant reduction in road safety.
Point of objection: The site entrance is poorly positioned giving rise to a reduction in road safety.
Comment: The proposed junction is designed to current roads standards, as such, Transportation have not advised that it will result in a significant reduction in road safety.
Point of Objection: The corner of North Kilmeny Road and Walkerburn Drive regularly floods.
Comment: Notwithstanding the potential for surface water flooding out with the site a properly designed surface water drainage scheme (certified by a chartered civil engineer) should as a minimum improve the drainage of this site.
Point of objection: Concern expressed regards impact on the Green Belt and loss of public open space.
Comment: While the site does not lie within the designated Green Belt the development will result in the loss of an area of amenity open space. However, a significant part of this area will remain post development and overall the development is considered acceptable. The area lost will not result in a significant reduction in residential amenity.
Point of objection: The transportation and storage of materials to the site will have an impact on residential amenity.
Comment: It is acknowledged that there will be the potential for inconvenience associated with construction works; however, this impact will be temporary in nature with the completed development constituting everyday activity associated with any residential development. As such, the proposal will not result in a significant reduction in residential amenity in the long term.
Point of objection: The development will result in a loss of privacy at 2 Walkerburn Drive.
Comment: The building arrangement ensures that there is no loss of residential amenity in terms of privacy or overlooking.
Point of objection: Resident has submitted plan requesting the revised position of blocks 6 and 7 requesting that these block are relocated.
Comment: While design comments are welcomed it should be noted that the proposed alterations lie outwith the site boundary and do not have the support of the applicant.
9. Conclusions
9.1 Taking the above assessment into account it is considered that the detailed design and layout of the proposal represents the significant regeneration of this site and creates a strong sense of place and identity and is welcomed as the ongoing regeneration of the wider area. On balance it is considered that the development accords with the provisions of the adopted North Lanarkshire Local Plan. It is therefore recommended that planning permission be granted subject to conditions. Application No: Proposed Development:
14/01987/MIN Land Engineering Works (in retrospect) Site Address:
Site At And North Of Hillside Place Greengairs MI−6 7TX
Date Registered:
18th December 2014
Applicant: Agent: WAM Developments Architectural Design Solutions 35 Hillside Place 108 Main Street Greengairs Carnwath MI−6 7FW ML11 8HR
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 007 Airdrie North No letters of representation were Alan Beveridge, Sophia Coyle, Thomas Morgan, received. Andrew Spowart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The development which seeks planning permission in retrospect concurs with the relevant policies contained within the North Lanarkshire Local Plan in principle. In considering the impact of these works, it is reasonable to consider that they are accommodated at this location without significant detriment to residential amenity or the surrounding Rural Investment Area, as such is considered acceptable.
ProposedConditions:−That
the development is hereby permitted in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approvalGA−PP−01 of the Planning Authority. For the avoidance of doubt drawings approved include REV B, GA−PP−02 REV A, GA−PP−03 REV A, FG1007−05/RJF/14A, FG1007−05/RIF/15A and FGI 007−O5IPJF/1 7.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That for the avoidance of doubt, this permission (other than the requirement for landscaping works required by condition 3 below) relates to works which have already been carried out and this does not allow for any further land engineering works (including the importation or exportation of material to and from the site).
Reason: To clarify the drawings on which this approval of permission is founded.
3. That within 3 months of the date of this permission, a scheme for the grass seeding of the site area not included within Planning Permission Ref. 10/01151/FUL, shall be submitted to, and approved in writing by the Planning Authority. Thereafter shall be completed; areas of grass which die, are removed, damaged, or become diseased within two years of completion of the seeding, shall be replaced within the following year.
Reason: In the interests of the environmental amenity of the area.
Background Papers:
Consultation Responses:
Environmental Health (including Pollution Control) memorandum received 12th January 2015 Scottish Environment Protection Agency letter received 31st December 2014 Coal Authority letter received 5th January 2015
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632524
Report Date:
3rd March 2015 APPLICATION NO. 14/01987/MIN
REPORT
Site Description
1.1 The application site is located at the north east end of Greengairs settlement and is accessed off Palacerigg Street (to the east) via a relatively new internal road that serves the surrounding properties/plots of an ongoing residential development. The lands to the south and east are laid out/identified for residential use (house plots). Lands to the north include a disused rail embankment and field over which the applicant has imported and deposited soil in order to level the land over an area of 1 .6ha.
2. Proposed Development
2.1 The applicant seeks retrospective planning permission, for land engineering works relating to the re−grading of land at Hillside Place Greengairs. The scale of the works which included the importation of soil covers an area substantially beyond the boundary of that approved by residential development (permission 10/01151/FUL). This application is intended to retrospectively address both the subject of unauthorised engineering works to re−grade garden ground to usable levels within the approved development as well as regularising unauthorised land engineering works out with the site boundary. While the principle of residential development at this location has been established for some time the applicant has included works within the site boundary in order to regularise this part of the development having exceeded the approved levels. The remainder of the site which has been levelled did not have the benefit of planning permission and is sought for retrospective permission for land engineering works.
3. Applicant's Supporting Information
3.1 The applicant has submitted levels and sections drawings in support of this application. The site investigation report submitted with permission 10/01151/FUL has also been taken into consideration.
4. Site History
4.1 The unauthorised engineering works commencing in January 2014 was brought to the attention of the planning service (enforcement). Following discussions with the planning Service the applicant advised that the works were covered by permission 10/01151/FUL and shortly after ceased. Further works resumed within the site boundary of the 2010 permission and beyond thereafter and as a result of a lack of information on the nature of these unauthorised works, a Temporary Stop Notice was served on the applicant on 1 1th July 2014. The applicant advised that they were unaware that planning permission was required for the activities they had undertaken and subsequently submitted a planning application on 3 r October 2014 in order to regularise this breach of planning control.
Other relevant approved applications include:
. 03/01087/FUL Erection of 50 Dwellinghouses approved 28th April 2004.
• 06/00336/OUT Residential Development for 56 Plots Incorporating Details for 19 Dwellings Approved 27th October 2006.
• 10/01151/FUL Proposed 20 No. New Build Domestic Dwellings approved 18th August 2011. 5. Development Plan
5.1 The site is zoned under Policy NBE 3b (Rural Investment Area) in the North Lanarkshire Local Plan. The section defined by the ongoing residential development is covered by policy HCF2AI (Sites for Short Term Housing Development).
6. Consultations
6.1 A summary of comments from consultees is as follows:
• Protective Services: has no objection to the proposal and in considering the site investigation report previously submitted, permission 10I01151IFUL, (Greengairs Road, Greengairs, Airdrie. Johnson, Poole & Bloomer, September 2005 (Ref # FG1007−05/MAK/APB/CM/JK) recommended that appropriate remediation measures be identified and implemented. Pollution control advised that this should be incorporated into a plot−specific remedial strategy document, which should be submitted to them for review prior to development. This document should also specify required soil and water supply pipe mitigation measures. This is discussed further in paragraph 8.5 below. Comments were also provided on noise standards (open sites), dust suppression, external lighting and hours of operation. Given that this application is retrospective the latter comments are no longer relevant.
• SEPA has advised that a Paragraph 19 exemption under the Waste Management Licensing (Scotland) Regulations 2011 was registered in Jan 2013 − (WML/XC/1108989). This has now expired and a new application has been received and is currently being processed. As the infilling has been registered under the above regulations SEPA have no objection to the planning application. • Coal Authority: has no objection to the proposal.
7. Representations
7.1 Following the neighbour notification procedure and an advert in the local press no letters of representation were received.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The site is divided between policies NBE 3B (Rural Investment Area) and HCF 2A1 (Protecting Residential Amenity and Community Facilities) in the North Lanarkshire Local plan.
North Lanarkshire Local Plan:
8.2 The north portion of the site is zoned as NBE 3B (Assessing Development in the Rural Investment Area). This policy seeks to protect the character of and to promote development in Green Belt through restricting development to acceptable types. The re−grading works and levelling of landscape features in this case may be considered acceptable insofar as these are not enabling works for future development but rather an attempt to modify the existing landscape (included dismantled rail solum and historic minerals stock piles) which were visible from the ongoing residential development. The applicant proposes the natural regeneration of this area supported by grass seeding and a condition is recommended in this respect. and given its urban edge status it is considered that the proposal albeit retrospective accords with Policy NBE 3A in so far as it is viewed as landscape alteration works not significantly affecting the rural character of the wider area. 8.3 The remainder of the site is covered by policy HCF 2A1 (Protecting Residential Amenity and Community Facilities). The applicant has undertaken additional works and engineered the garden ground within plots C, 0, P and Q planning permission 10101151/FUL to level the garden ground beyond that approved. However in doing so, while this requires approval in varying the existing approved levels, there has been no impact on existing levels of residential amenity, as such, it is reasonable to view these works as concurring with this policy.
8.4 The Local Plan also requires developments to be assessed against Policies DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). It is considered that the proposed development accords with Policy DSP2 in that the re−grading works relate to landscape improvements on land which is located in the Rural Investment Area and the re−contouring of the land will not alter this status. In terms of Policy DSP3, the development will not result in consequential additional infrastructure requirements by virtue of its ancillary nature. Policy DSP 4, it is considered that the proposed works will visually improve the site which has been the subject of historic land engineering works, particularly as the site is on the edge of an ongoing residential development. It is therefore considered that the proposal accords with Policy DSP4. As such, it may be argued that the development accords with the Local Plan on these development strategy policies.
8.5 In considering the comments of consultees, conditions applied to the original permission 10/01 151/FUL covering this section of the development remain sufficient in insuring that the recommended remedial measures are undertaken prior to developing each remaining plot. As such, an informative is recommended referring to the relevant conditions attached to this extant permission
9 Conclusions
9.1 In conclusion, the proposed development is considered acceptable in that it complies with the relevant policies contained within the North Lanarkshire Local Plan. The impact of the magnitude of land engineering works carried out is considered acceptable in that it will both secure additional usable garden ground for an approved development and result in an area, that once re−vegetated, will ensure that the character of the surrounding area will remain without significant detriment to the amenity of the area. The proposed development is therefore recommended for approval subject to appropriate conditions. Application No: Proposed Development:
1 4/02045/FU L Erection of a 1.8m High Palisade Security Fence Site Address:
Site North Of New Edinburgh Road Udd ingston G71 6BN
Date Registered:
12th December 2014
Applicant: Agent: SGN Plc N/A Axis House 5 Lonehead Drive Newbridge Edinburgh EH28 8TG
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 013 Thorniewood 4 letter(s) of representation received. Robert Burrows, James McCabe, Duncan McShannon,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposal meets the criteria of Policies HCF 1A and DSP 4 of the North Lanarkshire Local Plan. The proposal is appropriate in scale and form to the location and subject to conditions, can be accommodated without detriment to the amenity of neighbouring residential properties or the local area. ' 01 El
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4 Representations in total. − −. Being Councillor 27 inn . Burrows and 3 from two locations PLANNING APPLICATION 14102045/FUL Reproduced by perrnrusion N Produced by of the Ordnance Survey Planning and Regeneration behalf of HMSO © Crow,r Erection ofa 1.8m High Palisade Security Fence j Regeneration & Environmental Services Iti North Lanarkshire Council 4 Copyirght and database right ,\\ North 2009 Atnghlsreserved Ste North Of New Edinburgh Road, Uddingston Fleming House Lanarkshire Ordnance Survey 2 Tryst Road Cour.dl Leence number 100923396 _j. Cumbernauld W Representation 067 1 J ProposedConditions:−That
except as may otherwise be agreed in writing by the Planning Authority, the development hereby permitted is in accordance with the drawings titled Site Plan, Location Plan; Proposed New Powburn DG Location and Metal Palisade Security Fencing.
Reason: to clarify the drawings on which this approval of permission is founded
That BEFORE the development hereby permitted starts a scheme of landscaping 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 the landscaping scheme approved under condition (2) above shall be completed within six months of the erection of the fence hereby approved and any trees or shrubs which die, are removed, damaged or become diseased within two years of their planting shall be replaced within the following year with other of a similar size or species.
Reason: To safeguard the residential and visual amenity of the area.
4. That no trees within or adjacent to the application site shall be lopped, felled or otherwise affected in order to accommodate the proposed development, without the approval in writing of the Planning Authority.
Reason: To safeguard the residential and visual amenity of the area
5. That, except as may otherwise be agreed in writing by the Planning Authority, the fencing hereby permitted shall be coated in an appropriate material of dark green colour.
Reason: In the interests of the visual amenity of the area
Background Papers:
Consultation Responses:
Memo from Transportation dated 6 January 2015.
Contact Information:
Any person wishing to inspect these documents should contact Miss Kirsty Gray at 01236 632811
Report Date: 26th February 2015 APPLICATION NO. 14/02045/FUL
REPORT
1. Site Description
1.1 The site is an area of amenity open space on the edge of an established residential area, to the north of New Edinburgh Road. The ground is grassed with some mature trees and established shrubbery. There are residential properties to the immediate north and west, a car sales garage to the south and open space to the east. The proposed location of the fencing is towards the south of the site, on an area of grass in between the pavement edge and a row of established trees.
2. Proposed Development
2.1 Permission is sought for the erection of a 1.8m high palisade fence with a galvanised finish and serrated top posts. The purpose of the fencing is to provide security to a proposed gas governor and encloses a squared area 6m by 6m in dimension.
3. Applicant's Supporting Information
3.1 The applicant has providing supporting information detailing the operational requirements for the positioning of the proposed gas governor and associated fencing.
4. Site History
4.1 The site has no significant planning history, by virtue of its nature as an area of amenity ground within an established residential area.
5. Development Plan
5.1 The application site is located within an area identified as a Residential Area in the North Lanarkshire Local Plan where policy HCF 1A applies.
6. Consultations
6.1 Transportation has no objections to the proposal.
7. Representations
7.1 Following the neighbour notification process and advertisement in the local press, three letters of representation were received in objection to the proposal. A further representation was received from a local elected member requesting suitable and comprehensive landscape screening of the proposed development. The points of objection received are summarised as follows:
1. The proposed development is unsightly and will have a negative impact upon the area and on the outlook of residential properties.
2. The proposal will have an effect on the value of the area and will have a direct effect on property prices.
3. Children play in this area and the proposal will mean they have less access to the area and the design of the fence will pose a danger to them. There are few other pieces of land available in Uddingston.
4. The proposed gas governor will be a danger to the wildlife of the area and may result in the loss of existing trees. The gas governor will operate 24 hours a day and will have a background noise which will affect the area. The ground is water logged during period of heavy rain and subject to flooding in the winter months. The fence will not be safe as there are trees within 20 metres. No notification was received of the proposed installation of the gas governor and this was an intentional attempt to keep this from residents.
5. The roads on either side are very busy. This will be exacerbated by this construction and any on−going maintenance work, affecting travel to and from the residential estate and surrounding area.
6. This is not a suitable site and Uddingston has many industrial estates where this could be placed. This construction could be sited elsewhere with much less impact upon outlook and less disruption to traffic flow.
8. Planning Assessment
8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless materials considerations indicate otherwise. The application raises no strategic issued in terms of the Glasgow and Clyde Valley Strategic Development Framework and therefore it can be assessed in terms of local plan policy.
8.2 The site is located within an area zoned as a Residential in the adopted North Lanarkshire Council Local Plan where Policy HCF 1A applies. Policy HCF 1A protects residential amenity in primarily residential areas. The North Lanarkshire Local Plan also requires all proposed developments to be assessed against policies DSP 1−4. Due to the minimal scale of the development, only policy DSP4 − Quality of Development is relevant. This policy states that development will only be permitted where high standards of site planning and sustainable design are achieved and details criteria against which design quality should be assessed including the proposed detailing, form, colour and materials. Developments are required to integrate into the local area and avoid adverse impact upon neighbouring amenity by relating well to the existing context.
8.3 The applicant has provided details of the operational requirements for the selected location. In summary, these are the location of two existing gas mains within this area; the location of the mains system which supplies the area and proximity to the existing regulator site. The proposed fencing therefore also has a specific locational need relative to these requirements.
8.4 The functional purpose of the proposed fencing to provide security is recognised. It is of standard design, height and finish materials and is of relatively modest scale, enclosing a footprint area of 36 square metres. Amenity considerations have been taken into account by the applicant. The proposed location is to the south of an established tree line, in order to maximise cover afforded by this tree line and to minimise the appearance of the apparatus from the residential area. Impact upon the visual amenity of the surrounding area can be further mitigated through appropriate planning conditions. Conditions are proposed requiring a scheme of landscaping and that the finish colour of the fencing to be dark green in order to minimise visual impact. Within this context, it is considered that the proposal can be accommodated without adverse impact upon residential amenity, thereby is acceptable and complies with Policy HCF 1A. Subject to conditions, the proposed scale, form and finish materials of the proposed fencing are acceptable and can be integrated into the local area without adverse impact upon visual amenity. The proposal is therefore complies with Policy DSP 4.
8.5 In relation to the points of objection points raised ad detailed above, the following comments are made: The amenity ground is within the ownership of North Lanarkshire Council. A condition on the sale of the land required for the gas governor and fencing will be placed requiring the provision of an agreed scheme of screening planting to mitigate the visual impact of the installations. The type and specification of fencing has been selected for the purpose of providing security and is considered to be appropriate for this purpose. The finish colour of the fencing can be specified by a planning condition in the interests of visual amenity.
2. The potential impact of the development on property values is not a material planning consideration.
The proposed development will have minimal impact on this area of informal open space. This land has no designation as an area of formal community open space.
4. This application is for the erection of 1.8m high palisade fencing. Points of objection relating to background noise generated by the gas governor and risk of flooding to the equipment by the site conditions are therefore not of relevance to the consideration of this application. The proposed fencing is of standard form and design and is not considered to pose a risk to birds or other wildlife. The protection of existing trees and shrubs can be addressed through the use of a planning condition. The proposed gas governor is not subject to planning control and therefore not subject to a statutory neighbour notification process. The standard neighbour notification procedure has been followed for the proposed development and a neighbour notification advert placed within the local press.
5. Transportation has been consulted and has submitted no objections to the proposal. Safe and effective construction traffic management is a matter for detailed consideration by the Roads Authority at implementation stage.
6. There are specific operational requirements for the proposed location of the equipment, details of which has been provided by the applicant in support of the application.
9. Conclusion
9.1 In conclusion, the development satisfactorily meets the criteria of Policies HCF 1A and DSP 4 therefore is in accordance with the adopted local plan. The purpose of the proposed fencing is to provide security to utilities apparatus at this site and the proposal therefore has a specific locational requirement. The proposal is appropriate in scale and form to the location and subject to conditions, can be accommodated without detriment to the amenity of neighbouring residential properties or the local area. Notwithstanding the representations received it is recommended that planning permission be granted. Application No: Proposed Development:
14/021 70/PPP Residential Development
Site Address:
Brogan Fuels Ltd Nethan Street Forgewood Motherwell
Date Registered:
31st October 2014
Applicant: Agent: Brogan Tait LLP John Russsell Partnership Oilfast Anderson House Nethan Street Dundyvan Road Motherwell Coatbridge
Application Level: Contrary to Development Plan:
Committee Yes
Ward: Representations: 016 Motherwell West 2 letters of representation received. Paul Kelly, Michael Ross, Annette Valentine,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development is considered to be a justifiable departure from the zoning of the site for industry and business and meets the criteria of policy HCF 1A and DSP 4 as it could, in principle, be accommodated in this location without detriment to neighbouring residential amenity.
ProposedConditions:−That
before development starts, a further planning application(s) shall be submitted to thematters:Planning−(a) Authority in respect of the following
the siting, design and external appearance of all buildings and other structures; (b) the new roads and means of access to the site; (c) the layout of the site, including all roads, footpaths, footways, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site which should include native species; (e) details of the management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls fences; (g) details of existing trees, shrubs and hedgerows to be retained; (h) details of existing and proposed site levels; (i) details of a play area and open space commensurate with the scale of the proposed development; (j) details of any works to trees along the site boundary;
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and approved in writing by the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future users of the site.
3. That any remediation works identified by the site investigation required in terms of Condition 2, shall be carried out to the satisfaction of the Planning Authority. Before the development is brought into use, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future users of the site.
4. For the avoidance of doubt, no permission is hereby granted for the indicative layout submitted as part of this application, nor for any particular number of units. Those details require to be taken forward for approval via an application for Matters Specified in Condition.
Reason: To define the terms of this permission.
5. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: In order that the Planning Authority can consider these details further.
6. That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development. Reason: To ensure the provision of satisfactory drainage arrangements.
That the further application required under Condition (1) above shall include full details of the proposed surface water drainage scheme which shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater, and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site respectively.
8. That the SUDS compliant surface water drainage scheme required in terms of condition (7) above shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before and dwellinghouse hereby approved in principle is occupied, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard any adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents.
9. That notwithstanding the requirements of condition (1) above, before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
10. That the further application required under condition (1) above, shall be accompanied by a scheme of landscaping which shall be submitted to, and approved in writing by the include:Planning−(a) Authority before the development starts, and it shall
details of any earth moulding and hard landscaping, boundary treatment, 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the last dwelling or flat within the site is occupied.
Reason: To enable the Planning Authority to consider these aspects.
11. That all works included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure the provision of adequate landscaping.
12. That the further application required under condition (1) above, shall be accompanied by a management and maintenance scheme which shall be approved in writing by the Planning Authority before work starts on site, and it shall include proposals for the continuing care, maintenance and protection of the proposed trees/ landscaping and communal areas. Reason: To enable the Planning Authority to consider these aspects in detail in the interests of the visual amenity of the area.
13. That the landscape maintenance scheme approved in terms of Condition 12 above shall be operational within 3 months of the landscaping scheme having been implemented and before the last dwellinghouse within the site is occupied, whichever is the earlier.
Reason: In the interest of the amenity of the site and the general area.
14. That the further application required under condition (1) above shall be accompanied by a detailed Transportation Statement to the satisfaction of the Planning Authority.
Reason: To enable the Planning Authority to consider the transportation impacts of the development.
Background Papers:
Consultation Responses:
Memo from Transportation received 5t and 29th January 2015 Memo from Protective Services received 16th December 2014 Letter from Scottish Gas received 18th December 2014 Email from Learning and Leisure received 12th January 2015 Letter from SEPA received 6 January 2015
Contact Information:
Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632493
Report Date:
3rd March 2015 APPLICATION NO. 141021701PPP
REPORT
1. Site Description
1.1 The application site is 1.62 hectares of industrial land comprising of hardstanding, refuelling area and buildings associated with Brogan's Fuels, Forgewood. The site is surrounded by woodland to the north, housing to the east and west and an industrial yard area to the south. The site would be described as broadly level.
2. Proposed Development
2.1 Planning permission in principle is sought for residential development. An indicative layout shows a development of 38 houses and a block of flats accessed off Nethan Street.
3. Applicant's Supporting Information
3.1 The applicant submitted a transportation statement and information in support of their proposal concluding that the site is no longer fit for purpose for the business and that a residential development at this site would significantly reduce the amount of vehicle movements at the nearby junction of Nethan Street.
4. Site History
4.1 Site has been in use as a fuel distribution centre since the 1950's.
5. Development Plan
5.1 The site is zoned as EDI 1 Al (Industrial and Business Areas) in the North Lanarkshire Local Plan 2012.
6. Consultations
6.1 The following consultees raised no objections:
i. Transportation − subject to conditions requiring a further transport statement to be submitted at the matters specified by condition stage and requiring that any proposal achieving roads guidelines. ii. Scottish Gas iii. SEPA iv. Learning & Leisure V. Protective Services− subject to a site investigation.
7. Representations
7.1 Two representations were received from neighbouring properties following the neighbour notification and press advertisement. The points made can be summarised as follows:
i. Traffic − concerns are raised about Nethan Street being too narrow to accommodate the development and additional traffic flows are anticipated adding to congestion, on street parking problems and the risk of accidents on Nethan Street and also at the junction with Bellshill Road. Additional environmental and noise pollution is also anticipated from the traffic and the developer should provide a solution to reduce waiting times at the nearby junction. ii. Consultation − There has been no meaningful consultation with local residents for this application, the press advertisement is considered to be inadequate. iii. The suitability of the ground for the type of development proposed is queried due to the site being a former fuel depot. iv. Construction − the impact of the proposed development on property prices and the local environment.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and as such requires to be assessed against Local Plan Policies. In this instance the North Lanarkshire Local Plan 2012 is relevant. The site is zoned as Policy EDI Al (Industrial and Business Areas). DSP I (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development), HCF 1A (Residential Areas) and DSP 4 (Quality of Development) are also relevant along with Supplementary Planning Guidance (SPG) 14 (Industrial & Business Development).
8.2 Policy EDI 1 Al and SPG 14 seek to support the continuing character of industrial sites where appropriate. Proposals for change of use require consideration against a range of criteria including: industrial land supply; locational requirements; economic benefit;under−utilised travel patterns and whether the development would reuse vacant or industrial land. The applicants supporting information indicates that their business has changed since it first established at this site in the 1950's and they now require a site that has better access to the motorway networks in order to better serve their customers and reduce transport costs. They also note that during that period their site has become surrounded by housing. They hope to relocate their company to a more suitable industrial site within North Lanarkshire to increase its competitiveness. The proposal does not accord with EDI I Al, however, the site is not identified as being of strategic importance for industrial/business use and the proposed conversion to residential use would not have a significant impact on the wider industrial land supply. Neighbouring sites in the vicinity have been redeveloped over the years for residential use and the surrounding land is now predominantly residential in use. In this instance the change away from industry to residential is considered to be an acceptable departure subject to further assessment against the DSP policies.
8.3 Policy DSP1 requires consideration of the amount of development. The site is not in the industrial land supply but is zoned for industry and is not either in the residential land supply. The proposal is contrary to DSP 1 but requires consideration against the other relevant policies. In terms of Policy DSP 2, it is a brownfield site and doesn't raise any issues regarding any of the locational criteria and is therefore in accordance with DSP 2.
8.4 Policy DSP 3 considers the impact of the proposed development in terms of its requirements for additional community facilities or any infrastructure which is necessary to meet future demands on existing provisions. Taking account of the scale of the development, along with consultation responses from Transportation and Learning and Leisure the proposal does not necessitate infrastructure or education improvements in this instance and is therefore in accordance with DSP 3.
8.5 Policy HCF 1A resists proposals that would have an adverse impact on amenity in primarily residential areas. A residential development at this site is compatible surrounding residential uses subject to further assessment against DSP 4.
8.6 Policy DSP 4 requires consideration of a range of design criteria ensuring developments integrate well into the local context minimising any impact on residential amenity and taking account of transportation issues. The proposal is for planning permission in principle and the layout submitted with the application is indicative only at this stage. The predominant use in the area is residential, where policy HCF 1A resists proposals that would have an adverse impact on amenity. A residential development at this site is compatible with HCF 1A and DSP 4 as the layout submitted could be developed without significant adverse impacts on neighbouring amenity in respect to sunlight/daylight levels and privacy. The actual detail of any detailed application would be assessed at that time. The proposal would remove an industrial use and is therefore likely to reduce any potential disturbance in the local area and heavy vehicles using the local road network. The transportation statement submitted in support of the application demonstrates that the impact of a residential development is not likely to raise any adverse road safety issues at this location and transportation have raised no objections subject to conditions, including the requirement for the submission of a more detailed transport assessment at the matter specified by condition stage. In planning terms it is considered that all matters have been satisfactorily considered from the perspective of planning permission in principle. The actual detail of these matters can be taken forward in a future detailed application and secured through conditions. In light of the above it is considered that the proposed use is in accordance with DSP 4 and HCF 1A.
8.7 In respect of the points made in the letters of representation the following responses should be noted:
i. In relation to access and traffic issues, as detailed in paragraphs 6.1 and 8.8, Transportation have no objections and the proposal is not considered to have an adverse impact on the road network. ii. With regards to public consultation the relevant neighbours were notified and the application was advertisement in the local press. The scale of the application is such that there is no further consultation required. iii. In terms of the suitability of the ground for the development proposed, conditions are recommended requiring a site investigation and any necessary mitigation take place prior to any development taking place. iv. Any disturbance to local properties during the construction process would be temporary and is not a material planning consideration.
8.8 In terms of the consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.
9 Conclusions
9.1 The proposed development is considered to be an acceptable departure from Policy EDI Al and SPG 14 as the loss of this industrial land would not have a significant impact on the industrial land supply and the use for residential purposes is more compatible with the surrounding area. It is considered that the proposals comply with Policies HCFIA and DSP 4 as this development be accommodated in this location without detriment to neighbouring residential amenity. It is recommended that planning permission in principle be approved, subject to conditions Application No: Proposed Development:
14/02488/FUL Erection of Five Dwellinghouses (Plots 2−6)
Site Address:
Site At Glen Noble, Cleland
Date Registered:
23rd December 2014
Applicant: Agent: Taylor Homes (Scotland) Limited David Findlay Eastcroft House TH−DM 25 Woodhall Road Eastcroft House Wishaw 25 Woodhall Road ML2 8PY Cambusnethan ML2 8PY
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 019 Murdostoun 32 letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed residential development accords with relevant policies within the Adopted North Lanarkshire Local Plan 2012. The scale, design and layout of the development is considered acceptable and the development will integrate well with the existing area without detriment to the character or residential amenity of the area. /1
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Reproduced by permission PLANNING APPLICATION : 14/02488/FULN Produced by of the Ordnance Survey on Planning and Regeneration Regeneration & Environmental Services behalf of HMSO. © Crown Erection of Five Dwellinghouses (Plots 2−6) Copyright and database right North Lanarkshire Council 2009. All rights reserved. Site At Glen Noble, Cleland Fleming House J!rkhIre, Ordnance Survey 2 Tryst Road Cemdt Licence number 100023396. Representation A Cumbernauld * G67 1JW ProposedConditions:−That,
except for the requirements of conditions (2), (3), (4), (7) and (8) or as may otherwise be agreed in writing by the Planning Authority, the development shall be implementednumbers:−13−017−AL(2)101in accordance with drawing Rev C, 13−017−AL(2)300 Rev B, 13−017−AL(2)301 Rev B, 13−017−AL(2)500 Rev B, 13−017−AL(2)302 Rev B 13−017−AL(3)101 Rev B, 13−017−AL(3)300 Rev B,13−017−AL(3)301 Rev B, 13−017−AL(3)500 Rev B, 13−017−AL(4)101 Rev B,13−017−AL(4)300 Rev B, 13−017−AL(4)301 Rev B, 13−017−AL(4)500 Rev B,13−017−AL(5)101 Rev B, 13−017−AL(5)300 Rev B, 13−017−AL(5)301 Rev B,13−017−AL(5)500 Rev B, 13−017−AL(6)101 Rev B, 13−017−AL(6)300 Rev B,13−017−AL(6)301 Rev B, 13−017−AL(6)500 Rev B, 13−017−AL(6)501 Rev B 13−017−AL(15)500,13−017−AL(15)300 13−017−AL(0)402, 13−017−AL(0)051 Rev A, 13−017−AL(0)057, 13−017−AL(0)400, 13−017−AL(0)401, 13−017−AL(0)102 Rev C, 13−017−AL(0)100 Rev B.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That notwithstanding the terms of Condition (1) above, the development shall be implemented in accordance with the site levels and cross section details shown on 13drawing−017−AL(0)057numbers:− 13−017−AL(0)400, 13−017−AL(0)401, 13−017−AL(0)402 and and no alterations shall be made to the site levels without the prior approval in writing of the Planning Authority.
Reason: To ensure that the site is constructed in accordance with the approved plans and, in particular, proposed levels at the site.
That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls, including retaining walls, to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: These details have not been submitted.
4. That notwithstanding the generalities of Condition (3) above, a 2 metre high close boarded screen fence shall be provided along the rear boundary of plots 3 to 6 (inclusive), area marked GREEN on approved Drawing No. 13−017−AL−(0)102 Rev C to the satisfaction of the Planning Authority.
Reason: To ensure the provision of adequate boundary treatment.
That BEFORE any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of Conditions 3 and 4 above, shall be erected.
Reason: To ensure the provision of adequate boundary treatment.
6. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement, the roofs of the houses shall be finished in dark grey or brown tiles and the external walls shall be finished in facing brick of a colour that is in keeping with the existing adjacent dwellinghouses.
Reason: To enable the Planning Authority to consider these details and in the interests of the visual amenity of the area.
7. That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
8. That the surface water drainage submitted by Dewer Associates with related correspondence dated 27th January 2015 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the final dwellinghouse hereby approved is occupied, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
That BEFORE the development hereby permitted starts, a scheme of landscaping shall include:be submitted−(a) to, and approved in writing by the Planning Authority, and it shall
details of any earth moulding and hard landscaping, boundary treatment, 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) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the final dwellinghouse hereby approved is occupied
Reason: In the interests of the amenity of the site and general area.
10. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 9 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the amenity of the site and general area.
11. That, notwithstanding the generalities of Conditions 9 and 10 above, the hedge along the southern boundary of plot 2 shall be retained and the hedge along the frontage of plots 1 and 2 shall be retained unless proposals for replacement hedge or shrub planting, using native species, are included in the landscaping scheme required by condition 7. If such replacement planting is proposed then the approved planting along the frontage of plots 1 and 2 shall be complete before the house on the relevant plot is occupied.
Reason: In the interests of the visual amenity and ecology of the area.
12. That no dwellinghouse hereby permitted shall be occupied until the footpath adjacent to it has been constructed to base course standard and the footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: In the interests of public safety.
13. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.
Reason: In order to provide satisfactory vehicular and pedestrian access facilities and in the interests of Road safety. 14. That before any works start on the construction of the dwellinghouse on Plot 2, the proposed turning head on Wishaw Low Road shall be completed to adoptable standard and Wishaw Low Road shall be completely resurfaced along the frontage of Plot 2 to the satisfaction of the Council as Roads Authority. That the house hereby permitted on Plot 2 shall not be occupied until the footpath adjacent to it has been constructed to wearing course standard.
Reason: In order to provide satisfactory vehicular and pedestrian access facilities and in the interests of Road safety.
15. That before any of the dwellinghouses hereby permitted are occupied 4 car parking spaces shall be provided within the curtilage of each plot and out with the public road or footway, and thereafter be maintained as parking spaces.
Reason: To ensure the provision of adequate parking facilities.
16. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and approved in writing by the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
17. That any remediation works identified by the site investigation required in terms of Condition 16 above shall be carried out to the satisfaction of the Planning Authority. Before any dwellinghouse hereby approved is occupied a certificate (signed by a qualified 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.
18. That should 6 months or more have elapsed between the timing of the initial ecological survey dated February 2015 hereby approved, before development commences, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992. Background Papers:
Consultation Responses:
Memos from Transportation dated 13.2.15 and 20.2.15 Memo from Environmental Health (including Pollution Control) dated 6.1.15 Letter from Scottish Water dated 23.2.15 Letter from The Coal Authority dated 6.1.15 Memos from Greenspace dated 4.2.15 and 18.2.15 Memo from Leisure and Learning dated 13.2.15
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521
Report Date:
loth March 2015 APPLICATION NO. 14/02488/FUL
REPORT
1. Site Description
1.1 The site is part of a large area of open grassland adjacent to a fairly modern housing development on the edge of Cleland. It lies immediately adjacent to Wishaw Low Road. The site extends to some 0.29 hectares and consists of undeveloped ground formerly associated with agricultural (grazing) use and is roughly rectangular in shape. The site slopes from north down to south and there is a 9 metre level difference from the highest part of the overall site down to the lowest part of the proposed development site.
2. Proposed Development
2.1 Planning permission is sought for the erection of five detached dwellinghouses on a piece of vacant land adjacent to the development known as Glen Noble. The site forms part of a larger development proposal by the applicant for fourteen houses in total. The overall site has been split into three phases and separate applications have been submitted for each phase. The two other applications under consideration are 14/02489/FUL and 14/02491/FUL. The dwellings are large family style dwellings, four of which have a double integral garage and one has a detached double garage. Four of the dwellings take access off the existing road known as Glen Noble with the remaining dwelling taking access off Wishaw Low Road.
3. Applicant's Supporting Information
3.1 The applicant has submitted a Mining Report, an Ecology Assessment and Drainage information.
4. Site History
4.1 The following planning applications are relevant for the site:
• S/99/00252/OUT Residential Development Refused on 29.4.99 and subsequent Appeal dismissed on 1.2.2000 (reference P/PPA/320/61) • 04/00956/FUL Erection of 5 Detached Dwellinghouses Refused 14.10.04 • 04/00962/FUL Erection of 4 Detached Dwellinghouses Refused 14.10.04 • 04/00964/FUL Erection of 5 Detached Dwellinghouses Refused 14.10.04 • 14/011 06/FUL Development of 5 Houses Withdrawn 6.10.14 • 14/01 107/FUL Development of 5 Dwellinghouses Withdrawn 6.10.14 • 14/01 108/FUL Development of Four Houses Withdrawn 6.10.14
5. Development Plan
5.1 In the adopted North Lanarkshire Local Plan, the application site is located within an area covered by Policy HCF 1A (Residential Areas).
Consultations
6.1 A summary of comments from consultees is as follows:
a) The Coal Authority − No objections, the site is considered stable for the proposed development. b) Learning & Leisure Services − No objections and note that local schools have adequate capacity, therefore no development contribution is required. c) Protective Services have no objections subject to conditions requiring that a Site Investigation is carried out and thereafter any remediation works required as a result of the investigation should be carried out prior to works starting on site.
d) Greenspace have no objections to the proposal subject to conditions that incorporate the recommendations of the Ecology Report, requiring the retention and enhancement of the hedgerows and which make provision for protecting bats and relating to mitigation for loss of marshy grassland within the site.
e) Transportation have no objections subject to conditions relating to access, a turning head, footpath provision along the site's frontage on Wishaw Low Road, drainage and car parking within the site.
f) Scottish Water has no objection as the proposed development can be adequately served by a water supply and a waste treatment facility. A totally separate surface water discharge system should be provided at the site based on the principles of SUDS.
7. Representations
7.1 Following the standard neighbour notification process and advertisement in the local press, 32 letters of representation were received, 2 of which were letters of support with the remainder being objections to the proposal. The concerns raised may be summarised as follows:
a) The application is contrary to the Local Plan. The Local Plan states that "the Council intends to address North Lanarkshire's housing and community facilities issues over the 5−10 year life of the Local Plan by protecting residential amenity and community facilities". The submitted applications fail to meet this policy aim, as they seek to eradicate an area of residential amenity. The objectors question why the land was re−zoned to residential and why was there no community consultation or involvement or any direct notification surrounding the decision. The new Local Development Plan process should consult the local people when deciding the zoning of sites. The current local plan has identified sites for short to medium term housing opportunities, the current application sites are not identified as such; they are identified as "Protecting the Natural and Built Environment". b) When the site was considered by The Scottish Government DPEA as a potential housing site the Reporter stated that any future development proposals would be scrutinised under the development management procedure with a clear presumption in favour of retaining existing levels of residential amenity. These applications make no provision for residential amenity and are for the sole purpose of housing development. c) The development would have a negative impact on the designated Green Belt which is home to rare protected species including bats and badgers and a gateway to a protected woodland. The application has failed to consider the landscape value of the site, biodiversity, heritage and amenity. The development is at odds with North Lanarkshire Biodiversity Action Plan. It is requested that the Bat Conservation Trust, the Clyde Bat Group, Scottish Badgers, The British Deer Society, Scottish Natural Heritage, SEPA and Cleland Community Council should all be consulted. d) There is limited green space in the Cleland area, the development will result in the loss of an established local amenity which is enjoyed by young and old alike. e) The proposals will cause loss of privacy and residential amenity and the stunning views across the site. The scale and nature of the properties means that they will become an imposing feature on the landscape as they are larger than the dwellings that face directly onto the site from Glen Noble and Wishaw Low Road. f) There would be increased traffic and pollution impacting on Cleland, Glen Noble and individual dwellings. There are issues at present with the road network adjacent to Glen Noble, therefore an additional 14 dwellings will increase the dangers posed in the area and specifically at the entrance to the estate from the roundabout. Construction traffic would add to the problem and cause more speeding traffic which is dangerous for the elderly, children and pets. The previous building works traffic caused problems for emergency service vehicles due to road blockages. There will be inadequate visitor parking provision within the site and too many dwellings will be accessed off the one road. g) Negative impact on schools, play areas and shops. h) There are no provisions for a sustainable drainage system at the site to accommodate surface water and the existing gardens in the area suffer from standing water and there are existing sewage problems within the Glen Noble estate. The land in question is a natural floodplain as it provides natural drainage for Glen Noble. I) The project may not be viable and companies often get themselves into trouble and leave sites unfinished for years. The objectors question whether the applicants have the financial resources to complete a development of this scale. The applicant has a track record of not completing works that they were duty bound to do such as the children's play park at Glen Noble. Building debris was left lying around the site. The residents have to pay someone to maintain the play equipment and keep the place maintained to an appropriate level. There have been previous issues with the developers in relation to completion of footpaths, roads, toddlers play area and lack of factoring. j) The proposed development will cause a loss of natural light and cause overshadowing. k) Decision makers should be satisfied that they have received responses from the consultees and that any concerns have been suitably addressed. I) The proposed plans allow for further encroachment into the Green Belt around Cleland behind the application site. m) The land in question was originally left out of the applicants plans when developing Glen Noble due to its Green Belt status.
7.2 The points raised in the two letters of support can be summarised as follows:
a) The land is not amenity land used by young and old alike, it is only used by dog walkers. Children do not play on the site due to its poor condition i.e. pitted, scarred and barren. This is an area of derelict land, therefore developing it can only enhance the area. b) The school roll has decreased, there is therefore no issue with schools not being able to accept more children, either nursery or primary. c) Any school walks down this part of Cleland do not go into this site as the walks carry on down the Wishaw Low Road. d) The Local shops are more than adequate to accommodate more footfall and would welcome any new custom. If more people were in Cleland perhaps a dental or doctor practice may locate in Cleland. The RBS recently closed due to lack of footfall so this defeats the argument by objectors to the proposal. e) The ancient hedgerow mentioned by objectors was in fact planted by the applicants as part of their original development.
7.3 A number of the objectors have requested a site visit and hearing.
8. Planning Assessment
8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan the site is covered by NBE 1A (Residential Areas). Policy DSP4 (Quality of Development) is also relevant.
8.2 Policy HCF 1A has a presumption against development which is detrimental to residential amenity in primarily residential areas. Policy DSP 4 requires a high quality of development in terms of form, scale, height, proportion and materials; integrating successfully into the local area; avoiding harm to residential amenity and avoiding adverse impact on existing properties through overlooking, loss or privacy or amenity and overshadowing and subject to satisfactory access and parking arrangements.
8.3 The application site is located adjacent to the development known as Glen Noble, however has the impression of being enclosed within the housing estate's boundary as it is not fenced off along its frontage. It was formerly within an area identified as Green Belt, however the land use zoning changed in 2012 after the adoption of the current North Lanarkshire Local Plan. As can be seen from the history of the site in paragraph 4.1 above, the site has previously been refused planning permission, ultimately due to its Green Belt zoning at the time, with one of the applications also being dismissed on Appeal. Recent planning applications were also withdrawn as there was insufficient information submitted at that time. Although the site was formerly zoned as Green Belt, such designations are not permanent and can be altered either by planning permission at any time (such as Glen Noble itself, which was Green Belt at the time of the initial planning applications), or a change in development plan designation. The Council has a statutory duty to update its development plans on a 5 year cycle. North Lanarkshire Local Plan was Adopted on 28namely:September−Consultation 2012 following 4 rounds of consultation/publicity, Draft 2007, Finalised Draft 2009, Proposed Adoption 2012 and Adoption 2012. In line with regulations, notification was made in all local newspapers, as well as on line and directly to Statutory Consultees (Scottish Natural Heritage, SEPA etc, each Community Council, Community Forums and Elected Members) and groups that had expressed an interest. Taylor Homes (the applicant) had objected to the Green Belt designation of the current application site and asked it to be designated under a policy specifically allocating the land as suitable for private housing. The Council's response was to recognise that the site had no long−term contribution to the aims of the Green Belt (as stated in Scottish Planning Policy (2010)), in light of it being surrounded on 3 sides by the housing development, but also to recognise its importance as amenity open space within the housing development. Taylor Homes was satisfied by this and withdrew its objection. However, all such Council proposed changes/objection withdrawals were included in the Local Plan Examination by the Scottish Government Directorate of Planning and Environmental Appeals. The Scottish Government Reporter agreed that the site should not be designated as either Green Belt "The site appears to me to be an integral part of the adjacent residential development", or open space, but under Policy HCF 1A "Residential Amenity", along with the rest of the housing estate. The site was not designated as a housing site and any planning application made in an area designated under policy HCF 1A is not guaranteed to be granted, if the Council is of the view that it would have an adverse impact on the amenity and setting of the local residential area, including any impact on wildlife, etc.
8.4 In terms of the amenity value of the site, it is an unkempt piece of land with no formal recreational value, but forms a natural 'buffer' between the Glen Noble housing area and the wider rural area. As indicated at paragraph 6.1, Greenspace do not object to the proposal and are satisfied that there are no protected species within the site after the submission of an Ecology Report. They are satisfied with the proposed development of the site subject to conditions. It therefore comes down to whether or not the amenity of the existing residential area will be detrimentally affected by the development of this site for residential purposes.
8.5 In terms of the requirements of Policies HCF 1A and DSP4 in relation to amenity, it is considered that the development proposals meet Council standards in terms of distance between dwellings and garden ground provision. The proposed houses would be located some 26 metres away from the nearest existing dwellings on the opposite side of the road at Glen Noble. The land is also located downhill from the existing housing area, therefore there would be no adverse impact in terms of privacy and overlooking of existing properties. The access road into the site off Wishaw Low Road, namely Glen Noble, is capable of accommodating the proposed development. A visitor parking space is to be located on the new stretch of road adjacent to the southern boundary, which forms part of one of the other planning applications being considered at this time. Transportation has no objections to the proposal. It is considered that the proposed development is acceptable in terms of layout, design and meets the Council's open space guidelines, whilst maintaining an acceptable amount of privacy for existing residences in the general vicinity of the site. The location and orientation of the application site, as well as the topography of the site, are such that the proposed dwellings will not have any impact on existing residential properties in terms of overshadowing of existing properties to the north of the site. The site has limited amenity value, has no protected species present on site, is sustainable in that there is existing infrastructure as well as local amenities and is of a form and a design that is considered consistent with the existing area. The existing road network is capable of accommodating the proposed development and there is sufficient parking provision within the site to ensure that the development will not have a detrimental impact on the existing road network. With the imposition of suitable conditions relating to materials, boundary treatment and landscaping it is considered that the proposed development complies with Policies HCF 1A and DSP4.
8.6 Representations: With respect to the terms of objection set out at paragraph 7.1 above, the following responses should be noted.
a) & b) The application is not considered to be contrary to the Local Plan and the development proposal has been assessed against the relevant policies and has been found to be acceptable in terms of the adopted policies for the reasons outlined in paragraphs 8.3 − 8.5 above. Paragraph 8.3 explains the process for consultation for a new Local Development Plan. Everyone is afforded the opportunity to comment on it through the various stages described in paragraph 8.3. The site is identified within the HCF 1A and this policy is explained in paragraphs 8.2 and 8.5 above. It is concluded that the proposal is in compliance with the general principles of Policy HCF 1A. The site is zoned as HCF 1A and must be assessed against the requirements of that policy and other relevant policies of the Local Plan. Each application must be assessed on its own merit, the availability of other sites within Cleland and Ravenscraig for development is not relevant. c) The Council's Greenspace section has been consulted on the application and the appropriate ecological surveys have been undertaken. Greenspace were satisfied with the findings of the Ecological Report. The current application site includes a short section of hedgerow adjacent to Wishaw Low Road that Greenspace would prefer to see retained. A new footway and hammerhead are to be formed in that location therefore at least part of this section of hedge will need to be removed. A condition is proposed requiring replacement planting for any hedgerow that will be removed. It should be noted that the hedgerow along the southern boundary of the sites of the associated planning applications will be retained. d) It is accepted that this area of informal grassland will be lost, however the site has no formal recreational value. A development of this scale would not be required to provide play facilities and it is not considered that this development would place undue strain on play facilities within the general Cleland area. e) As indicated in paragraph 8.5 the proposals will not have an adverse impact in terms of loss of privacy. The houses have a slightly larger footprint, however it is considered that the plots are sufficiently large enough to accommodate the larger dwellings with no adverse impact on the amenity of the area. f) The Council's Transportation section has no objections to the proposal and is satisfied that the proposed development will not have an adverse impact on the local road network. g) As indicated at paragraph 6.1 Learning & Leisure have indicated that there is adequate capacity within existing schools to accommodate the proposed development. The scale of the proposed development is such that there is unlikely to be any significant impact on shopping facilities within Cleland. h) A drainage scheme has been submitted and suitable conditions are proposed to ensure that the site is served by a suitable drainage and sewage system. I) The viability of a project or a company's previous history cannot be taken into account when determining an application, as every application must be considered on its own merits. j) As indicated at paragraph 8.5 the development would not adversely affect neighbouring properties due to loss of sunlight or overshadowing. k) All responses have been received from consultees to enable a proper assessment of the application. I) The granting of planning permission at this location would not set a precedent for development of the adjacent Green Belt area or further encroachment into the Green Belt. Any future planning application or representation submitted as part of the Local Development Plan process to get a site re−zoned for encroachment into the Green Belt would be assessed on its own merits. m) The original application for Glen Noble did initially incorporate the current application site, however it was removed during the processing of the application. This land was not considered to be part of the public open space for the Glen Noble development as it is private land and was out with the boundary of the application site.
The comments made within the letters of support Paragraph 7.2 are noted.
8.9 The matters raised by consultees can be acceptably addressed by planning conditions.
9. Conclusions
9.1 In conclusion, having due regard to the provisions of the Development Plan, the proposals are considered to comply with Policies HCF 1A and DSP4 of the North Lanarkshire Local Plan. The proposed development can be accommodated without harm to the amenity of the area or adverse impact on the road network. Notwithstanding the representations received, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:
14/02489/FIJL Erection of Four Dwellinghouses (Plots 1, 12−14) Site Address:
Site At Glen Noble Cleland
Date Registered:
23rd December 2014
Applicant: Agent: Taylor Homes (Scotland) Ltd David Findlay Eastcroft House TH−DM 25 Woodhall Road Eastcroft House Wishaw 25 Woodhall Road ML8 5US Cambusnethan MI−2 8PY
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 019 Murdostoun 32 letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed residential development accords with relevant policies within the Adopted North Lanarkshire Local Plan 2012. The scale, design and layout of the development is considered acceptable and the development will integrate well with the existing area without detriment to the character or residential amenity of the area. 6
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* 32 Representations received in total from 21 locations including 1 outwith plan area and 3 unaddressed.
PLANNING APPLICATION 14/02489/FUL Reproduced by permission : Produced by of the Ordnance Survey on N Planning and Regeneration behalf of HMSO, © Crown Erection of Four Dwellinghouses (Plots 1, 12−14) Regeneration& Environmental Services Copyright and database right North Lanarkshire Council Fleming House 2009. All rights reserved. Site At Glen Noble, Cleland Nuib Ordnance Survey 2 Tryst Road ,rIçhIre Cosindi Licence number 100023396 * Cumbernauld Representation G67 1JW Conditions:Proposed−That,
except for the requirements of conditions (2), (3), (4), (7) and (9) or as may otherwise be agreed in writing by the Planning Authority, the development shall be implementednumbers:−13−017−AL(1)101in accordance with drawing Rev C, 13−017−AL(1)300 Rev B, 13−017−AL(1)301 Rev B, 13−017−AL(1)500 Rev B, 13−017−AL(0)104 Rev C, 13−017−AL(12)101 Rev B, 13−017−AL(12)300 Rev B,13−017−AL(12)301 Rev B, 13−017−AL(12)500 Rev B, 13−017−AL(13)101 Rev C,13−017−AL(13)300 Rev B, 13−017−AL(13)301 Rev B, 13−017−AL(13)500 Rev B,13−017−AL(14)101 Rev C, 13−017−AL(14)300 Rev B, 13−017−AL(14)301 Rev B,13−017−AL(14)500 Rev B, 13−017−AL(15)500, 13−017−AL(0)402 Rev A, 13−017−AL(0)052 Rev A, 13−017−AL(0)057, 13−017−AL(0)056, 13−017−AL(0)058, 13−017−AL(0)400 Rev A, 13−017−AL(0)401 Rev A, 13−017−AL(15)300, 13−017−AL(0)100 Rev C.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That notwithstanding the terms of Condition (1) above, the development shall be implemented in accordance with the site levels and cross section details shown on drawing numbers:− 13−017−AL(0)400 Rev A, 13−017−AL(0)401 Rev A, 13−017−AL(0)402 Rev A and 13−017−AL(0)057 and no alterations shall be made to the site levels without the prior approval in writing of the Planning Authority.
Reason: To ensure that the site is constructed in accordance with the approved plans and, in particular, proposed levels at the site.
3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls, including retaining walls, to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: These details have not been submitted.
4. That BEFORE any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 3 above, shall be erected.
Reason: To ensure the provision of adequate boundary treatment.
That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement, the roofs of the houses shall be finished in dark grey or brown tiles and the external walls shall be finished in facing brick of a colour that is in keeping with the existing adjacent dwellinghouses.
Reason: These details have not been submitted.
That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
That the surface water relatedthdrainage submitted by Dewer Associates with correspondence dated 27 January 2015 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the final dwellinghouse hereby approved is occupied, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
8. That BEFORE the development hereby permitted starts, a scheme of landscaping shall include:be submitted−(a) to, and approved in writing by the Planning Authority, and it shall
details of any earth moulding and hard landscaping, boundary treatment, 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, specifically including additional planting to enhance the existing hedge/trees along the southern boundary of the site; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the final dwellinghouse hereby approved is occupied
Reason: In the interests of the amenity of the site and general area.
That all works included in the scheme of landscaping and planting, approved under the terms of Condition 8 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the amenity of the site and general area.
10. That, notwithstanding the generalities of Condition (8) above, the existing hedge and trees along the southern boundary of the site shall be retained.
Reason: In the interests of the visual amenity and ecology of the area.
11. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees/hedge on the southern boundary of the application site and shall not be removed without the approval in writing of the Planning Authority.
Reason: To ensure adequate protection measures are in place for the trees.
12. That before any works start on the construction of the dwellinghouse on Plot 1, the proposed turning head on Wishaw Low Road shall be completed to adoptable standard and Wishaw Low Road shall be completely resurfaced along the frontage of Plot 1 to the satisfaction of the Council as Roads Authority. That the house hereby permitted on Plot 1 shall not be occupied until the footpath adjacent to it has been constructed to wearing course standard.
Reason: In order to provide satisfactory vehicular and pedestrian access facilities and in the interests of Road safety.
13. That before any of the dwellinghouses hereby permitted are occupied, 4 car parking spaces shall be provided within the curtilage of each plot and out with the public road or footway, and thereafter be maintained as parking spaces.
Reason: To ensure the provision of adequate parking facilities. 14. That the dwellinghouses on Plots 12−14 (inclusive) hereby permitted, shall not be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
15. That before the last of the dwellinghouses hereby permitted are occupied, all roads and footways shall be completed to final wearing course.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
16. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and approved in writing by the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
17. That any remediation works identified by the site investigation required in terms of Condition 16 above shall be carried out to the satisfaction of the Planning Authority. Before any dwellinghouse hereby approved is occupied a certificate (signed by a qualified 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.
18. That should 6 months or more have elapsed between the timing of the initial ecological survey dated February 2015 hereby approved, before development commences, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992. Background Papers:
Consultation Responses:
Letter from The Coal Authority dated 15.2.15 Memo from Transportation dated 13.2.15 Memo from Environmental Health (including Pollution Control) dated 12.1.15 Letter from Scottish Water dated 23.2.15 Memo from Greenspace dated 4.2.15 and 18.2.15 Memo from Learning and Leisure dated 13.2.15
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521
Report Date: lot March 2015 APPLICATION NO. 14/02489/FUL
REPORT
1. Site Description
1.1 The site is part of a large area of open grassland adjacent to a fairly modern housing development on the edge of Cleland. It lies immediately adjacent to Wishaw Low Road. The site extends to some 0.36 hectares and consists of undeveloped ground formerly associated with agricultural (grazing) use and is roughly rectangular in shape. The site slopes from north down to south and there is a 9 metre level difference from the highest part of the overall site down to the lowest part of the proposed development site.
2. Proposed Development
2.1 Planning permission is sought for the erection of four detached dwellinghouses on a piece of vacant land adjacent to the development known as Glen Noble. The site forms part of a larger development proposal by the applicant for fourteen houses in total. The overall site has been split into three phases and separate applications have been submitted for each phase. The two other applications under consideration are 14/02488/FUL and 14/02491/FUL. The dwellings are large family style dwellings, all of which have double detached garages. Three of the dwellings are accessed via a new access road to be formed off Glen Noble, with the remaining dwelling taking access off Wishaw Low Road.
3. Applicant's Supporting Information
3.1 The applicant has submitted a Mining Report, an Ecology Assessment and Drainage information.
4. Site History
4.1 The following planning applications are relevant for the site:
• S/99/00252/OUT Residential Development Refused on 29.4.99 and subsequent Appeal dismissed on 1.2.2000 (reference P/PPN320/61) • 04/00956/FUL Erection of 5 Detached Dwellinghouses Refused 14.10.04 • 04/00962/FUL Erection of 4 Detached Dwellinghouses Refused 14.10.04 • 041009641FUL Erection of 5 Detached Dwellinghouses Refused 14.10.04 • 14/01 106/FUL Development of 5 Houses Withdrawn 6.10.14 • 14/01 107/FUL Development of 5 Dwellinghouses Withdrawn 6.10.14 • 14/01 108/FUL Development of Four Houses Withdrawn 6.10.14
5. Development Plan
5.1 In the adopted North Lanarkshire Local Plan, the application site is located within an area covered by Policy HCF 1A (Residential Areas).
6. Consultations
6.1 A summary of comments from consultees is as follows:
a) The Coal Authority − No objections, the site is considered stable for the proposed development. b) Learning & Leisure Services − No objections and note that local schools have adequate capacity, therefore no development contribution is required. C) Protective Services have no objections subject to conditions requiring that a Site Investigation is carried out and thereafter any remediation works required as a result of the investigation should be carried out prior to works starting on site.
d) Greenspace have no objections to the proposal subject to conditions that incorporate the recommendations of the Ecology Report, requiring the retention and enhancement of the hedgerows and which make provision for protecting bats and relating to mitigation for loss of marshy grassland within the site.
e) Transportation have no objections subject to conditions relating to access, a turning head, footpath provision along the site's frontage on Wishaw Low Road, drainage and car parking within the site.
f) Scottish Water has no objection as the proposed development can be adequately served by a water supply and a waste treatment facility. A totally separate surface water discharge system should be provided at the site based on the principles of SUDS.
7. Representations
7.1 Following the standard neighbour notification process and advertisement in the local press, 32 letters of representation were received, 2 of which were letters of support with the remainder being objections to the proposal. The concerns raised may be summarised as follows:
a) The application is contrary to the Local Plan. The Local Plan states that "the Council intends to address North Lanarkshire's housing and community facilities issues over the 5−10 year life of the Local Plan by protecting residential amenity and community facilities". The submitted applications fail to meet this policy aim, as they seek to eradicate an area of residential amenity. The objectors question why the land was re−zoned to residential and why was there no community consultation or involvement or any direct notification surrounding the decision. The new Local Development Plan process should consult the local people when deciding the zoning of sites. The current local plan has identified sites for short to medium term housing opportunities, the current application sites are not identified as such; they are identified as "Protecting the Natural and Built Environment". b) When the site was considered by The Scottish Government DPEA as a potential housing site the Reporter stated that any future development proposals would be scrutinised under the development management procedure with a clear presumption in favour of retaining existing levels of residential amenity. These applications make no provision for residential amenity and are for the sole purpose of housing development. c) The development would have a negative impact on the designated Green Belt which is home to rare protected species including bats and badgers and a gateway to a protected woodland. The application has failed to consider the landscape value of the site, biodiversity, heritage and amenity. The development is at odds with North Lanarkshire Biodiversity Action Plan. It is requested that the Bat Conservation Trust, the Clyde Bat Group, Scottish Badgers, The British Deer Society, Scottish Natural Heritage, SEPA and Cleland Community Council should all be consulted. d) There is limited green space in the Cleland area, the development will result in the loss of an established local amenity which is enjoyed by young and old alike. e) The proposals will cause loss of privacy and residential amenity and the stunning views across the site. The scale and nature of the properties means that they will become an imposing feature on the landscape as they are larger than the dwellings that face directly onto the site from Glen Noble and Wishaw Low Road. f) There would be increased traffic and pollution impacting on Cleland, Glen Noble and individual dwellings. There are issues at present with the road network adjacent to Glen Noble, therefore an additional 14 dwellings will increase the dangers posed in the area and specifically at the entrance to the estate from the roundabout. Construction traffic would add to the problem and cause more speeding traffic which is dangerous for the elderly, children and pets. The previous building works traffic caused problems for emergency service vehicles due to road blockages. There will be inadequate visitor parking provision within the site and too many dwellings will be accessed off the one road. g) Negative impact on schools, play areas and shops. h) There are no provisions for a sustainable drainage system at the site to accommodate surface water and the existing gardens in the area suffer from standing water and there are existing sewage problems within the Glen Noble estate. The land in question is a natural floodplain as it provides natural drainage for Glen Noble. i) The project may not be viable and companies often get themselves into trouble and leave sites unfinished for years. The objectors question whether the applicants have the financial resources to complete a development of this scale. The applicant has a track record of not completing works that they were duty bound to do such as the children's play park at Glen Noble. Building debris was left lying around the site. The residents have to pay someone to maintain the play equipment and keep the place maintained to an appropriate level. There have been previous issues with the developers in relation to completion of footpaths, roads, toddlers play area and lack of factoring. j) The proposed development will cause a loss of natural light and cause overshadowing. k) Decision makers should be satisfied that they have received responses from the consultees and that any concerns have been suitably addressed. I) The proposed plans allow for further encroachment into the Green Belt around Cleland behind the application site. m) The land in question was originally left out of the applicants plans when developing Glen Noble due to its Green Belt status.
7.2 The points raised in the two letters of support can be summarised as follows:
a) The land is not amenity land used by young and old alike; it is only used by dog walkers. Children do not play on the site due to its poor condition. This is an area of derelict land; therefore developing it can only enhance the area. b) The school roll has decreased, there is therefore no issue with schools not being able to accept more children, either nursery or primary. C) Any school walks down this part of Cleland do not go into this site as the walks carry on down the Wishaw Low Road. d) The Local shops are more than adequate to accommodate more foot fall and would welcome any new custom. If more people were in Cleland perhaps a dental or doctor practice may locate in Cleland. The RBS recently closed due to lack of footfall so this defeats the argument by objectors to the proposal. e) The ancient hedgerow mentioned by objectors was in fact planted by the applicants as part of their original development.
7.3 A number of the objectors have requested a site visit and hearing.
8. Planning Assessment
8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan the site is covered by NBE 1A (Residential Areas). Policy DSP4 (Quality of Development) is also relevant.
8.2 Policy HCF 1A has a presumption against development which is detrimental to residential amenity in primarily residential areas. Policy DSP 4 requires a high quality of development in terms of form, scale, height, proportion and materials; integrating successfully into the local area; avoiding harm to residential amenity and avoiding adverse impact on existing properties through overlooking, loss or privacy or amenity and overshadowing and subject to satisfactory access and parking arrangements.
8.3 The application site is located adjacent to the development known as Glen Noble, however has the impression of being enclosed within the housing estate's boundary as it is not fenced off along its frontage. It was formerly within an area identified as Green Belt, however the land use zoning changed in 2012 after the adoption of the current North Lanarkshire Local Plan. As can be seen from the history of the site in paragraph 4.1 above, the site has previously been refused planning permission, ultimately due to its Green Belt zoning at the time, with one of the applications also being dismissed on Appeal. Recent planning applications were also withdrawn as there was insufficient information submitted at that time. Although the site was formerly zoned as Green Belt, such designations are not permanent and can be altered either by planning permission at any time (such as Glen Noble itself, which was Green Belt at the time of the initial planning applications), or a change in development plan designation. The Council has a statutory duty to update its development plans on a 5 year cycle. North Lanarkshire Local Plan was Adopted on 28namely:September−Consultation 2012 following 4 rounds of consultation/publicity, Draft 2007, Finalised Draft 2009, Proposed Adoption 2012 and Adoption 2012. In line with regulations, notification was made in all local newspapers, as well as on line and directly to Statutory Consultees (Scottish Natural Heritage, SEPA etc, each Community Council, Community Forums and Elected Members) and groups that had expressed an interest. Taylor Homes (the applicant) had objected to the Green Belt designation of the current application site and asked it to be designated under a policy specifically allocating the land as suitable for private housing. The Council's response was to recognise that the site had no long−term contribution to the aims of the Green Belt (as stated in Scottish Planning Policy (2010)), in light of it being surrounded on 3 sides by the housing development, but also to recognise its importance as amenity open space within the housing development. Taylor Homes was satisfied by this and withdrew its objection. However, all such Council proposed changes/objection withdrawals were included in the Local Plan Examination by the Scottish Government Directorate of Planning and Environmental Appeals. The Scottish Government Reporter agreed that the site should not be designated as either Green Belt "The site appears to me to be an integral part of the adjacent residential development", or open space, but under Policy HCF 1A "Residential Amenity", along with the rest of the housing estate. The site was not designated as a housing site and any planning application made in an area designated under policy HCF 1A is not guaranteed to be granted, if the Council is of the view that it would have an adverse impact on the amenity and setting of the local residential area, including any impact on wildlife, etc.
8.4 In terms of the amenity value of the site, it is an unkempt piece of land with no formal recreational value, but forms a natural 'buffer' between the Glen Noble housing area and the wider rural area. As indicated at paragraph 6.1, Greenspace do not object to the proposal and are satisfied that there are no protected species within the site after the submission of an Ecology Report. They are satisfied with the proposed development of the site subject to conditions. It therefore comes down to whether or not the amenity of the existing residential area will be detrimentally affected by the development of this site for residential purposes.
8.5 In terms of the requirements of Policies HCF 1A and DSP4 in relation to amenity, it is considered that the development proposals meet Council standards in terms of distance between dwellings and garden ground provision. The proposed houses are in the southern part of the site therefore the nearest dwellinghouse is on Wishaw Low Road and will be in excess of 28 metres away from the dwelling that fronts onto this road. The land is also located downhill from the existing housing area; therefore there would be no adverse impact in terms of privacy and overlooking of existing properties. The access road into the site off Wishaw Low Road, namely Glen Noble, is capable of accommodating the proposed development and adequate parking provision is provided within each plot as well. Transportation has no objections to the proposal. An additional visitor parking is to be located within the sites of the other planning applications being considered at this time. It is considered that the proposed development is acceptable in terms of layout, design and meets the Council's open space guidelines, whilst maintaining an acceptable amount of privacy for existing residences in the general vicinity of the site. The location and orientation of the application site, as well as the topography of the site, are such that the proposed dwellings will not have any impact on existing residential properties in terms of overshadowing of existing properties to the north of the site. The site has limited amenity value, has no protected species present on site, is sustainable in that there is existing infrastructure as well as local amenities and is of a form and a design that is considered consistent with the existing area. The existing road network is capable of accommodating the proposed development and there is sufficient parking provision within the site to ensure that the development will not have a detrimental impact on the existing road network. With the imposition of suitable conditions relating to materials, boundary treatment and landscaping it is considered that the proposed development complies with Policies HCF 1A and DSP4.
8.6 Representations: With respect to the terms of objection set out at paragraph 7.1 above, the following responses should be noted.
a) & b) The application is not considered to be contrary to the Local Plan and the development proposal has been assessed against the relevant policies and has been found to be acceptable in terms of the adopted policies for the reasons outlined in paragraphs 8.3 − 8.5 above. Paragraph 8.3 explains the process for consultation for a new Local Development Plan. Everyone is afforded the opportunity to comment on it through the various stages described in paragraph 8.3. The site is identified within the HCF 1A and this policy is explained in paragraphs 8.2 and 8.5 above, It is concluded that the proposal is in compliance with the general principles of Policy HCF IA. The site is zoned as HCF 1A and must be assessed against the requirements of that policy and other relevant policies of the Local Plan. Each application must be assessed on its own merit, the availability of other sites within Cleland and Ravenscraig for development is not relevant. C) The Council's Greenspace section has been consulted on the application and the appropriate ecological surveys have been undertaken. Greenspace were satisfied with the findings of the Ecological Report. The current application site includes a section of hedge/trees along the southern boundary of the site, a condition is proposed requiring its retention and that additional planting be undertaken to enhance this feature. d) It is accepted that this area of informal grassland will be lost, however the site has no formal recreational value. A development of this scale would not be required to provide play facilities and it is not considered that this development would place undue strain on play facilities within the general Cleland area. e) As indicated in paragraph 8.5 the proposals will not have an adverse impact in terms of loss of privacy. The houses have a slightly larger footprint, however it is considered that the plots are sufficiently large enough to accommodate the larger dwellings with no adverse impact on the amenity of the area. f) The Council's Transportation section has no objections to the proposal and is satisfied that the proposed development will not have an adverse impact on the local road network. g) As indicated at paragraph 6.1 Learning & Leisure have indicated that there is adequate capacity within existing schools to accommodate the proposed development. The scale of the proposed development is such that there is unlikely to be any significant impact on shopping facilities within Cleland. h) A drainage scheme has been submitted and suitable conditions are proposed to ensure that the site is served by a suitable drainage and sewage system. i) The viability of a project or a company's previous history cannot be taken into account when determining an application, as every application must be considered on its own merits. j) As indicated at paragraph 8.5 the development would not adversely affect neighbouring properties due to loss of sunlight or overshadowing. k) All responses have been received from consultees to enable a proper assessment of the application. I) The granting of planning permission at this location would not set a precedent for development of the adjacent Green Belt area or further encroachment into the Green Belt. Any future planning application or representation submitted as part of the Local Development Plan process to get a site re−zoned for encroachment into the Green Belt would be assessed on its own merits. m) The original application for Glen Noble did initially incorporate the current application site, however it was removed during the processing of the application. This land was not considered to be part of the public open space for the Glen Noble development as it is private land and was out with the boundary of the application site.
The comments made within the letters of support Paragraph 7.2 are noted.
8.9 The matters raised by consultees can be suitably addressed by planning conditions.
9. Conclusions
9.1 In conclusion, having due regard to the provisions of the Development Plan, the proposals are considered to comply with Policies HCF 1A and DSP4 of the North Lanarkshire Local Plan. The proposed development can be accommodated without harm to the amenity of the area or on the road network. Notwithstanding the representations received, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:
14/02491/FUL Erection of Five Dwellinghouses (Plots 7−11)
Site Address:
Site At Glen Noble, Cleland
Date Registered:
23rd December 2014
Applicant: Agent: Taylor Homes (Scotland) Ltd David Findlay Eastcroft House TH−DM 25 Wood hall Road Eastcroft House Wishaw 25 Woodhall Road MI−2 8PY Cambusnethan MI−2 8PY
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 019 Murdostoun 32 letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed residential development accords with relevant policies within the Adopted North Lanarkshire Local Plan 2012. The scale, design and layout of the development are considered acceptable and the development will integrate well with the existing area without detriment to the character or residential amenity of the area. iY.
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* 32 Representations received in total from 21 locations including 1 outwith plan area and 3 unaddressed.
ErectionPLANNING APPLICATION : 14/02491 /F'UL Reproduced by permission r,i Produced by of the Ordnance Survey ' Planning and Regeneration on of Five Dwellinghouses (Plots 7−11) ARegeneration behalf of HMSO. © Crown & Environmental Services Copyright and database right North Lanarkshire Council 2009. All rights reserved. Site At Glen Noble, Cleland Fleming House North Ordnance Survey 2 Tryst Road LanarkhIre Licence number 100023396. * Cumbernauld Council Representation G67 1JW ProposedConditions:−That,
except for the requirements of conditions (2), (3), (4), (7) and (10) or as may otherwise be agreed in writing by the Planning Authority, the development shall be implementednumbers:−Location in accordance with drawing Plan, 13−017−AL(0)103 Rev B, 13−017−AL(7)101 Rev B, 13−017−AL(7)300 Rev B, 13−017−AL(7)301 Rev B, 13−017−AL(7)500 Rev B, 13−017−AL(8)101 Rev B, 13−017−AL(8)300 Rev B, 13−017−AL(8)301 Rev B, 13−017−AL(8)500 Rev B, 13−017−AL(8)501 Rev B, 13−017−AL(9)101 Rev B, 13−017−AL(9)300 Rev B, 13−017−AL(9)301 Rev B, 13−017−AL(9)500 Rev B, 13−017−AL(10)101 Rev B, 13−017−AL(10)300 Rev B, 13−017−AL(10)301 Rev B, 13−017−AL(10)500 Rev B, 13−017−AL(11)101 Rev B, 13−017−AL(11)300 Rev B, 13−01 7−AL(1 1)301 Rev B, 13−01 7−AL(1 1)500 Rev B, 13−01 7−AL(1 5)500, 13−017−AL(0)402, 13−017−AL(0)057,13−017−AL(0)400, 13−017−AL(0)401, 13−017−AL(15)300, 13−017−AL(0)100 Rev B, 13−017−AL(0)056, 13−017−AL(0)058, 13−017−AL(0)052 Rev A
Reason: To clarify the drawings on which this approval of permission is founded.
2. That notwithstanding the terms of Condition (1) above, the development shall be implemented in accordance with the site levels and cross section details shown on 13drawing−017−AL(0)057numbers:− 13−017−AL(0)400, 13−017−AL(0)401, 13−017−AL(0)402 and and no alterations shall be made to the site levels without the prior approval in writing of the Planning Authority.
Reason: To ensure that the site is constructed in accordance with the approved plans and, in particular, proposed levels at the site.
3. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and walls, including retaining walls, to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: These details have not been submitted.
4. That notwithstanding the generalities of Condition (3) above, a 2 metre high close boarded screen fence shall be provided along the rear boundary of plots 7 and 8, area marked GREEN on approved Drawing No. 13−017−AL−(0)103 Rev B, to the satisfaction of the Planning Authority.
Reason: To ensure the provision of adequate boundary treatment
That BEFORE any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of condition 3 above, shall be erected.
Reason: To ensure the provision of adequate boundary treatment.
6. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement, the roofs of the houses shall be finished in dark grey or brown tiles and the external walls shall be finished in facing brick of a colour that is in keeping with the existing adjacent dwellinghouses.
Reason: These details have not been submitted.
7. That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
8. That the surface water drainage submitted by Dewer Associates with related correspondence dated 27th January 2015 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the final dwellinghouse hereby approved is occupied, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant CIRIA Manual and the approved plans.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
That BEFORE the development hereby permitted starts, a scheme of landscaping shall include:be submitted−(a) to, and approved in writing by the Planning Authority, and it shall
details of any earth moulding and hard landscaping, boundary treatment, 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, specifically including additional planting to enhance the existing hedge/trees along the southern boundary of the site; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site; (e) details of a wetland area to be incorporated within the south western corner of the site and completed before the final dwellinghouse hereby approved is occupied
Reason: In the interests of the amenity of the site and general area.
10. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 9 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the amenity of the site and general area.
11. That, notwithstanding the generalities of Condition 9 above, the existing hedge and trees along the southern boundary of the site shall be retained.
Reason: In the interests of the visual amenity and ecology of the area.
12. That BEFORE the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees/hedge on the southern boundary of the application site and shall not be removed without the approval in writing of the Planning Authority.
Reason: To ensure adequate protection measures are in place for the trees.
13. That before any of the dwellinghouses hereby permitted are occupied, 4 car parking spaces shall be provided within the curtilage of each plot and out with the public road or footway and thereafter be maintained as parking spaces.
Reason: To ensure the provision of adequate parking facilities. 14. That before any of the dwellinghouses hereby permitted are occupied the roads and footpaths shall be constructed to basecourse standard and the road and footpaths shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
15. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
16. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and approved in writing by the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
17. That any remediation works identified by the site investigation required in terms of Condition 16 above shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a qualified 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.
18. That should 6 months or more have elapsed between the timing of the initial ecological survey dated February 2015 hereby approved, before development commences, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992. Background Papers:
Consultation Responses:
Memos from Transportation dated 13.2.15 and 20.2.15 Memo from Environmental Health (including Pollution Control) dated 6.1.15 Letter from The Coal Authority dated 6.1.15 Letter from Scottish Water dated 23.2.15 Memos from Greenspace dated 4.2.15 and 18.2.15 Memo from Leisure and Learning dated 13.2.15
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521
Report Date:
10th March 2015 APPLICATION NO. 14!02491/FUL
REPORT
1. Site Description
1.1 The site is part of a large area of open grassland adjacent to a fairly modern housing development on the edge of Cleland. It lies immediately adjacent to Wishaw Low Road. The site extends to some 0.55 hectares and consists of undeveloped ground formerly associated with agricultural (grazing) use and is roughly rectangular in shape. The site slopes from north down to south and there is a 9 metre level difference from the highest part of the overall site down to the lowest part of the proposed development site.
2. − Proposed Development
2.1 Planning permission is sought for the erection of five detached dwellinghouses on a piece of vacant land adjacent to the development known as Glen Noble. The site forms part of a larger development proposal by the applicant for fourteen houses in total. The overall site has been split into three phases and separate applications have been submitted for each phase. The two other applications under consideration are 14/02488/FUL and 14/02489/FUL. The dwellings are large family style dwellings, all of which have double integral garages. One of the dwellings is accessed off Glen Noble, with the remainder being accessed via a new access road to be formed off Glen Noble.
3. Applicant's Supporting Information
3.1 The applicant has submitted a Mining Report, an Ecology Assessment and Drainage information.
4. Site History
4.1 The following planning applications are relevant for the site:
• S/99/00252/OUT Residential Development Refused on 29.4.99 and subsequent Appeal dismissed on 1.2.2000 (reference P/PPA/320/61) • 04/00956/FUL Erection of 5 Detached Dwellinghouses Refused 14.10.04 • 04/00962/FUL Erection of 4 Detached Dwellinghouses Refused 14.10.04 • 04/00964/FUL Erection of 5 Detached Dwellinghouses Refused 14.10.04 • 14/011 06/FUL Development of 5 Houses Withdrawn 6.10.14 • 14/01 107/FUL Development of 5 Dwellinghouses Withdrawn 6.10.14 • 14/011 08/FUL Development of Four Houses Withdrawn 6.10.14
5. Development Plan
5.1 In the adopted North Lanarkshire Local Plan, the application site is located within an area covered by Policy HCF 1A (Residential Areas).
6. Consultations
6.1 A summary of comments from consultees is as follows:
a) The Coal Authority − No objections, the site is considered stable for the proposed development. b) Learning & Leisure Services − No objections and note that local schools have adequate capacity, therefore no development contribution is required. C) Protective Services have no objections subject to conditions requiring that a Site Investigation is carried out and thereafter any remediation works required as a result of the investigation should be carried out prior to works starting on site.
d) Greenspace have no objections to the proposal subject to conditions that incorporate the recommendations of the Ecology Report, requiring the retention and enhancement of the hedgerows and which make provision for protecting bats and relating to mitigation for loss of marshy grassland within the site.
e) Transportation have no objections subject to conditions relating to access, a turning head, footpath provision along the site's frontage on Wishaw Low Road, drainage and car parking within the site.
f) Scottish Water has no objection as the proposed development can be adequately served by a water supply and a waste treatment facility. A totally separate surface water discharge system should be provided at the site based on the principles of SUDS.
7. Representations
7.1 Following the standard neighbour notification process and advertisement in the local press, 32 letters of representation were received, 2 of which were letters of support with the remainder being objections to the proposal. The concerns raised may be summarised as follows:
a) The application is contrary to the Local Plan. The Local Plan states that "the Council intends to address North Lanarkshire's housing and community facilities issues over the 5−10 year life of the Local Plan by protecting residential amenity and community facilities". The submitted applications fail to meet this policy aim, as they seek to eradicate an area of residential amenity. The objectors question why the land was re−zoned to residential and why was there no community consultation or involvement or any direct notification surrounding the decision. The new Local Development Plan process should consult the local people when deciding the zoning of sites. The current local plan has identified sites for short to medium term housing opportunities, the current application sites are not identified as such, they are identified as "Protecting the Natural and Built Environment". b) When the site was considered by The Scottish Government DPEA as a potential housing site the Reporter stated that any future development proposals would be scrutinised under the development management procedure with a clear presumption in favour of retaining existing levels of residential amenity. These applications make no provision for residential amenity and are for the sole purpose of housing development. c) The development would have a negative impact on the designated Green Belt which is home to rare protected species including bats and badgers and a gateway to a protected woodland. The application has failed to consider the landscape value of the site, biodiversity, heritage and amenity. The development is at odds with North Lanarkshire Biodiversity Action Plan. It is requested that the Bat Conservation Trust, the Clyde Bat Group, Scottish Badgers, The British Deer Society, Scottish Natural Heritage, SEPA and Cleland Community Council should all be consulted. d) There is limited green space in the Cleland area, the development will result in the loss of an established local amenity which is enjoyed by young and old alike. e) The proposals will cause loss of privacy and residential amenity and the stunning views across the site. The scale and nature of the properties means that they will become an imposing feature on the landscape as they are larger than the dwellings that face directly onto the site from Glen Noble and Wishaw Low Road. f) There would be increased traffic and pollution impacting on Cleland, Glen Noble and individual dwellings. There are issues at present with the road network adjacent to Glen Noble, therefore an additional 14 dwellings will increase the dangers posed in the area and specifically at the entrance to the estate from the roundabout. Construction traffic would add to the problem and cause more speeding traffic which is dangerous for the elderly, children and pets. The previous building works traffic caused problems for emergency service vehicles due to road blockages. There will be inadequate visitor parking provision within the site and too many dwellings will be accessed off the one road. g) Negative impact on schools, play areas and shops. h) Loss of an established local amenity which is enjoyed by young and old alike. i) There are no provisions for a sustainable drainage system at the site to accommodate surface water and the existing gardens in the area suffer from standing water and there are existing sewage problems within the Glen Noble estate. The land in question is a natural floodplain as it provides natural drainage for Glen Noble. j) The project may not be viable and companies often get themselves into trouble and leave sites unfinished for years. The objectors question whether the applicants have the financial resources to complete a development of this scale. The applicant has a track record of not completing works that they were duty bound to do e.g. children's play park at Glen Noble. Building debris was left lying around the site. The residents have to pay someone to maintain the play equipment and keep the place maintained to an appropriate level. There have been previous issues with the developers in relation to completion of footpaths, roads, toddlers play area and lack of factoring. k) The proposed development will cause a loss of natural light and cause overshadowing. I) Decision makers should be satisfied that they have received responses from the consultees and that any concerns have been suitably addressed. m) The proposed plans allow for further encroachment into the Green Belt around Cleland behind the application site. n) The land in question was originally left out of the applicants plans when developing Glen Noble due to its Green Belt status.
7.2 The points raised in the two letters of support can be summarised as follows:
a) The land is not amenity land used by young and old alike; it is only used by dog walkers. Children do not play on the site due to its poor condition. This is an area of derelict land; therefore developing it can only enhance the area. b) The school roll has decreased, there is therefore no issue with schools not being able to accept more children, either nursery or primary. c) Any school walks down this part of Cleland do not go into this site as the walks carry on down the Wishaw Low Road. d) The Local shops are more than adequate to accommodate more footfall and would welcome any new custom. If more people were in Cleland perhaps a dental or doctor practice may locate in Cleland. The RBS recently closed due to lack of footfall so this defeats the argument by objectors to the proposal. e) The ancient hedgerow mentioned by objectors was in fact planted by the applicants as part of their original development.
7.3 A number of the objectors have requested a site visit and hearing.
8. Planning Assessment
8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan the site is covered by NBE 1A (Residential Areas). Policy DSP4 is also relevant.
8.2 Policy HCF 1A has a presumption against development which is detrimental to residential amenity in primarily residential areas. Policy DSP 4 requires a high quality of development in terms of form, scale, height, proportion and materials; integrating successfully into the local area; avoiding harm to residential amenity and avoiding adverse impact on existing properties through overlooking, loss or privacy or amenity and overshadowing and subject to satisfactory access and parking arrangements.
8.3 The application site is located adjacent to the development known as Glen Noble, however has the impression of being enclosed within the housing estate's boundary as it is not fenced off along its frontage. It was formerly within an area identified as Green Belt, however the land use zoning changed in 2012 after the adoption of the current North Lanarkshire Local Plan. As can be seen from the history of the site in paragraph 4.1 above, the site has previously been refused planning permission, ultimately due to its Green Belt zoning at the time, with one of the applications also being dismissed on Appeal. Recent planning applications were also withdrawn as there was insufficient information submitted at that time. Although the site was formerly zoned as Green Belt, such designations are not permanent and can be altered either by planning permission at any time (such as Glen Noble itself, which was Green Belt at the time of the initial planning applications), or a change in development plan designation. The Council has a statutory duty to update its development plans on a 5 year cycle. North Lanarkshire Local Plan was Adopted on 28namely:September−Consultation 2012 following 4 rounds of consultation/publicity, Draft 2007, Finalised Draft 2009, Proposed Adoption 2012 and Adoption 2012. In line with regulations, notification was made in all local newspapers, as well as on line and directly to Statutory Consultees (Scottish Natural Heritage, SEPA etc, each Community Council, Community Forums and Elected Members) and groups that had expressed an interest. Taylor Homes (the applicant) had objected to the Green Belt designation of the current application site and asked it to be designated under a policy specifically allocating the land as suitable for private housing. The Council's response was to recognise that the site had no long−term contribution to the aims of the Green Belt (as stated in Scottish Planning Policy (2010)), in light of it being surrounded on 3 sides by the housing development, but also to recognise its importance as amenity open space within the housing development. Taylor Homes was satisfied by this and withdrew its objection. However, all such Council proposed changes/objection withdrawals were included in the Local Plan Examination by the Scottish Government Directorate of Planning and Environmental Appeals. The Scottish Government Reporter agreed that the site should not be designated as either Green Belt "The site appears to me to be an integral part of the adjacent residential development", or open space, but under Policy HCF 1A 'Residential Amenity", along with the rest of the housing estate. The site was not designated as a housing site and any planning application made in an area designated under policy HCF 1A is not guaranteed to be granted, if the Council is of the view that it would have an adverse impact on the amenity and setting of the local residential area, including any impact on wildlife, etc.
8.4 In terms of the amenity value of the site, it is an unkempt piece of land with no formal recreational value, but forms a natural 'buffer' between the Glen Noble housing area and the wider rural area. As indicated at paragraph 6.1, Greenspace do not object to the proposal and are satisfied that there are no protected species within the site after the submission of an Ecology Report. They are satisfied with the proposed development of the site subject to conditions. It therefore comes down to whether or not the amenity of the existing residential area will be detrimentally affected by the development of this site for residential purposes.
8.5 In terms of the requirements of Policies HCF 1A and DSP4 in relation to amenity, it is considered that the development proposals meet Council standards in terms of distance between dwellings and garden ground provision. The proposed houses are in the western part of the site and the nearest dwellinghouse is on Glen Noble and will be approximately 23 metres away. The land is also located downhill from the existing housing area, therefore there would be no adverse impact in terms of privacy and overlooking of existing properties. The access road into the site off Wishaw Low Road, namely Glen Noble, is capable of accommodating the proposed development and adequate parking provision is provided within each plot as well. Transportation has no objections to the proposal. Additional visitor parking is to be located on the new stretch of road adjacent to the southern boundary of the site. It is considered that the proposed development is acceptable in terms of layout, design and meets the Council's open space guidelines, whilst maintaining an acceptable amount of privacy for existing residences in the general vicinity of the site. The location and orientation of the application site, as well as the topography of the site, are such that the proposed dwellings will not have any impact on existing residential properties in terms of overshadowing of existing properties to the north of the site. The site has limited amenity value, has no protected species present on site, is sustainable in that there is existing infrastructure as well as local amenities and is of a form and a design that is considered consistent with the existing area. The existing road network is capable of accommodating the proposed development and there is sufficient parking provision within the site to ensure that the development will not have a detrimental impact on the existing road network. With the imposition of suitable conditions relating to materials, boundary treatment and landscaping it is considered that the proposed development complies with Policies HCF 1A and DSP4.
8.6 Representations: With respect to the terms of objection set out at paragraph 7.1 above, the following responses should be noted.
a) & b) The application is not considered to be contrary to the Local Plan and the development proposal has been assessed against the relevant policies and has been found to be acceptable in terms of the adopted policies for the reasons outlined in paragraphs 8.3 − 8.5 above. Paragraph 8.3 explains the process for consultation for a new Local Development Plan. Everyone is afforded the opportunity to comment on it through the various stages described in paragraph 8.3. The site is identified within the HCF 1A and this policy is explained in paragraphs 8.2 and 8.5 above. It is concluded that the proposal is in compliance with the general principles of Policy HCF 1A. The site is zoned as HCF 1A and must be assessed against the requirements of that policy and other relevant policies of the Local Plan. Each application must be assessed on its own merit, the availability of other sites within Cleland and Ravenscraig for development is not relevant. c) The Council's Greenspace section has been consulted on the application and the appropriate ecological surveys have been undertaken. Greenspace were satisfied with the findings of the Ecological Report. The current application site includes a section of hedge/trees along the southern boundary of the site, a condition is proposed requiring its retention and that additional planting be undertaken to enhance this feature. d) It is accepted that this area of informal grassland will be lost, however the site has no formal recreational value. A development of this scale would not be required to provide play facilities and it is not considered that this development would place undue strain on play facilities within the general Cleland area. e) As indicated in paragraph 8.5 the proposals will not have an adverse impact in terms of loss of privacy. The houses have a slightly larger footprint, however it is considered that the plots are sufficiently large enough to accommodate the larger dwellings with no adverse impact on the amenity of the area. f) The Council's Transportation section has no objections to the proposal and is satisfied that the proposed development will not have an adverse impact on the local road network. g) As indicated at paragraph 6.1 Learning & Leisure have indicated that there is adequate capacity within existing schools to accommodate the proposed development. The scale of the proposed development is such that there is unlikely to be any significant impact on shopping facilities within Cleland. h) A drainage scheme has been submitted and suitable conditions are proposed to ensure that the site is served by a suitable drainage and sewage system. i) The viability of a project or a company's previous history cannot be taken into account when determining an application, as every application must be considered on its own merits. j) As indicated at paragraph 8.5 the development would not adversely affect neighbouring properties due to loss of sunlight or overshadowing. k) All responses have been received from consultees to enable a proper assessment of the application. I) The granting of planning permission at this location would not set a precedent for development of the adjacent Green Belt area or further encroachment into the Green Belt. Any future planning application or representation submitted as part of the Local Development Plan process to get a site re−zoned for encroachment into the Green Belt would be assessed on its own merits. m) The original application for Glen Noble did initially incorporate the current application site; however it was removed during the processing of the application. This land was not considered to be part of the public open space for the Glen Noble development as it is private land and was out with the boundary of the application site.
The comments made within the letters of support Paragraph 7.2 are noted.
8.9 The matters raised by consultees can be suitably addressed by planning conditions.
9. Conclusions
9.1 In conclusion, having due regard to the provisions of the Development Plan, the proposals are considered to comply with Policies HCF 1A and DSP4 of the North Lanarkshire Local Plan. The proposed development can be accommodated without harm to the amenity of the area or on the road network. Notwithstanding the representations received, it is recommended that permission be granted subject to conditions. Application No: Proposed Development:
15/00072/FUL Change of Use of Part of Social Club (Class 11) to Form Convenience Store (Class 1), Including External Alterations, Access Ramp and Installation of Plant Site Address:
Social Club 9 Main Road Cumbernauld G674BT
Date Registered:
19th January 2015
Applicant: Agent: Tesco Stores Limited Scott Mackay Scottish Property Office Mackay Planning Carnegie Road Po Box 12 Livingston 145 Kilmarnock Road EH54 8QX Glasgow G41 3JA
Application Level: Contrary to Development Plan: No
Ward: Representations: 003 Cumbernauld South 2250 letters of representation received William Goldie, Allan Graham, Paddy Hogg, (Including Jamie Hepburn MSP) Stephanie Griffin,
Recommendation: Refuse
Reasoned Justification:
The proposal is considered to be unacceptable at this location as it will have a significant negative impact on the village centre by virtue of impact on road safety as there is insufficient public car parking to deal with current and projected car parking demands as a result of the proposal, as such, the proposal does not accord with Policy DSP4 in the North Lanarkshire Local Plan.
Recommendation:Reasons:−That Refuse for the Following
the proposed development is contrary to Policy DSP4 of the North Lanarkshire Local Plan as it is considered that the proposal will exacerbate existing car parking problems within the village as the existing public car park is not of an appropriate size to cope with the extra car parking generated by the proposal. As a result of the car parking deficiency and also the proposed servicing within the public car park, the proposal will have a detrimental impact on road safety and general amenity within the village.
Background Papers:
Consultation Responses:
Traffic & Transportation received 26.02.15. Waste Management received 26.02.15.
Contact Information:
Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 632519
Report Date:
10th March 2015 APPLICATION NO. 15/00072/FUL
REPORT
1. Site Description
1.1 The application site forms the northern portion of the existing Condorrat War Memorial Social Club in Main Street Condorrat. The building fronts directly onto Main Street to the Northwest, is centrally located within the village centre and is bounded to the north and east by a car park and to the south by a mixture of shops and houses.
1.2 The building is a mixture of two storey and single storey with a traditional dual−pitched roof finished in slate and concrete tiles. The external walls are cream and brown twopainted−storey render. The original building covering the southern half of the site is and has an 'art deco' style facade with symmetrical windows and doors and a centrally mounted flagpole fixed to a bay feature which projects above the roof eaves. At ground level there is a centrally mounted war memorial plaque which commemorates the six men of Condorrat who died in the Great War. Below this plaque, there is a terrace of three steps down to pavement level for the placing of wreaths at remembrance ceremonies. The front elevation of the original building is effectively a war memorial reflecting its original purpose.
1.3 The later extension on the northern half of the site appears to date from the 1960/70s and is more utilitarian in character with eye level windows and timber panelling to the eaves. The side of this northern extension has two shuttered windows and a door and immediately abuts a row of parking spaces, two disabled spaces, three standard spaces and three spaces for taxis.
2. Proposed Development
2.1 The proposal is for the part change of use of the social club to convenience store and the construction of a disabled access ramp and alterations to form a shop front along the northern part of the frontage (1960/70s extension). This would effectively split the building in two with the residual social club taking up the southern part and the shop taking up the northern part. The existing club has a floor area of 1120 square metres and the proposed shop would have a public retail floor area of approximately 221 square metres with a 'backshop' area of approximately 145 square metres. The proposed residual club would have a floor area of approximately 754 square metres.
2.2 As indicated above, the proposal also involves the formation of a shop front facing onto Main Street as well as the formation of a disabled access ramp immediately in front of the proposed new shop front along the northern part of the frontage. The applicant originally proposed to form the access ramp along the frontage of the original building in front of the war memorial. Due to concerns about the impact on the memorial and it's functionality during remembrance services the location of the proposed ramp was moved through the submission of amended plans to the northern half of the frontage.
2.3 The proposed opening hours for the shop are 6a.m. to 11pm, 7 days a week. Servicing is intended to be done from the rear of the premises with 1 or 2 deliveries being made per day outwith peak times.
3. Applicant's Supporting Information
3.1 The applicant has submitted a Planning Statement in support of the proposal. The applicant argues that the proposal will safeguard the continuing future of the social club which is struggling in trade terms similar to other clubs and that the proposal will help the club financially and practically to continue. Furthermore, that the proposal will not detrimentally impact on the war memorial plaque or frontage.
3.2 The applicant further argues that the proposal is appropriate in terms of use within an existing local centre. The applicant also argues that the site is adequately served by public transport (bus stop immediately to front), a local footpath network with a significant local residential catchment within easy walking distance and is adjacent to a public car park which has space for 61 cars as well as 2 disabled spaces.
3.3 The applicant further argues that all servicing of the retail unit is expected to occur outwith peak times, which will minimise any impact on traffic movements on the surrounding road network and car park. Waste management is dealt with by Tesco in−house, with waste stored within the building and bin store and returned to the distribution centre for recycling.
3.4 The applicant also argues that the physical impact on the village is acceptable in terms of the relevant local plan policies. The applicant argues that the proposal complies with policy RTC 1 C (Local Centre) as the proposal is for retail and also well below the size threshold that would require to be assessed in terms of retail impact. The applicant also states that the proposal complies policies DSP 1 (amount of development) as less than the 1000 square metres retail floor area proposed. Also RTC 2 (location of development) in terms of criteria including re−use of existing building, safeguarding vitality of centres and supporting existing transport modes. The applicant also argues that the proposal complies with policy DSP 3 as it will not place extra demands on community facilities and will safeguard and ensure the viable continuance of the social club. Lastly in terms of policy DSP 4 (Quality of Development) the applicant argues that the proposal represents a significant improvement to the condition and attractiveness of the building and the site and therefore accords with this policy.
3.5 The applicant has also submitted a Transport Statement which argues that although no new parking is proposed, there is sufficient existing adjacent parking to cope with the car trips that the proposed use will generate. With regards to vehicle movements the report advises that the peak traffic generation is anticipated at 37 vehicle movements during the morning peak and 61 vehicle movements during the afternoon peak. The applicant also argues that the site being within the local centre is well served by pedestrian access/footpaths with a nearby residential catchment and there is also good public transport in terms of buses and the development also proposes cycle parking. In this context, the applicant argues that the current level of walking, cycling and public transport provision in the area will be sufficient to accommodate the expected future demand and also help encourage an uptake in sustainable travel. The Transportation Statement argues that the customer base for the proposed store will predominantly be trade draw from the existing Spar and Key Stores in the village centre. The statement also argues that a large proportion of the surrounding residential area is within 800 metres walking distance of the village centre.
4. Site History
4.1 None relevant.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 The application site is within an existing Neighbourhood and Local Centre, Policy RTC 1 C. This policy seeks to protect the network of neighbourhood and local centres as the continuing focus of retail, leisure, civic, and community uses. With appropriate uses being identified such as shops, offices, restaurants, residential and public halls, churches and crèches, libraries and museums etc. The proposal also requires to be assessed against Policy DSP4 (Quality of Development) which aims to ensure high standards of site planning and sustainable design area achieved. 6. Consultations
6.1 A summary from consultees is as follows:
6.2 Traffic and Transportation: Has recommended that the application is refused as the applicant cannot provide the 18 parking spaces and appropriate servicing facilities required for a retail proposal of this floor area which will result in adverse impact on road safety and lead to the damage of the public car park. Traffic and Transportation further comment that a review of the historic mapping for the Condorrat area shows that the Social Club was constructed without associated parking and the public car park was constructed at a later date on Council owned land. Although a total of 53 spaces and 2 disabled persons' parking places are provided within the public car park and 4 spaces within the club ground, the car park is not capable of accommodating demand at peak times and as such indiscriminate parking has taken place on Main Road resulting in measures such as bollards, barrier and parking restrictions being provided to help improve road safety in the area and to protect the footway network. Furthermore, given that there is insufficient parking within the area the applicant should provide an additional 5 spaces per 100m2 of gross floor area (18 spaces) for the proposed development. It is pointed out that the applicant is not able to provide the additional required parking.
6.3 Traffic and Transportation further comments that it should be noted that the applicant has sited within their Transport Statement that a similar development at Woodside Street in Coatbridge was granted by the reporter without parking. Since the development started operating the Council has received numerous complaints regarding road safety associated with indiscriminate parking and as a result the Traffic and Transportation Service are in the process of implementing measures to improve the ongoing difficulties at that site. The application drawings show a new pedestrian entrance to the development from Main Street. Given the shortfall in parking within the area and the distance to the public car park to the rear customers are likely to park on street disregarding the existing waiting restrictions and bus stops which will lead to difficulties accessing public transport and enforcement issues for Police Scotland and have a detrimental effect on road safety.
6.4 In terms of servicing, Traffic and Transportation comment that to remove conflict between pedestrians and servicing vehicles the servicing facilities should be outwith the existing public car park and access/ egress should be achieved in a forward gear. The applicant has shown the Council owned car park being utilised for servicing and access being obtained by undertaking reversing manoeuvres. Furthermore, it should also be noted that the car park has not been constructed to accommodate heavy goods vehicles and the introduction of servicing at this location is likely to result in the degradation of the car park surface and result in additional costs being incurred by the council. Measures will need to be put in place to protect the car park.
6.5 N.L.C. Waste Management: Has expressed no objections as non domestic premises are not required to use the services of the Council and usually use private contractors. Notwithstanding the above, the location of the proposed bin store appears to be located at a suitable point assuming that there is adequate access through the car park.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, 2250 representations have been received including one from the local MSP as well as two requests for a site visit and hearing. Most of the objections were in the form of a pro−forma letter. It should be noted that the overall number of objections is subject to change. A significant number of people have contacted the Planning Service following the acknowledgement letters being sent out. Many of those that have telephoned have indicated they do not recall signing any letter of objection. A number have gone on to write in and confirm they want to have the objection in their name withdrawn and their details removed from our systems. 8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Develoøment Plan: North Lanarkshire Local Plan (NLLP): The site is within Policy RTC 1 C, an existing neighbourhood centre. This policy seeks to protect these centres as a continuing focus for appropriate neighbourhood centre uses such as those described in paragraph 5.2 above.
8.3 In considering retail and town centres it should be noted that Policy RTC1 seeks to protect the North Lanarkshire Centre Network as the focus for retail, civic, leisure and community uses. The site is identified as a Neighbourhood and Local Centre in the local plan. In this regard, the proposed sub−division of the social club and formation of a retail unit complies with this policy in terms of the proposed retail use being one of the appropriate uses recognised by the policy.
8.4 The physical impact of the proposal is also considered in the North Lanarkshire Local Plan (NLLP) which requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policy DSP 1, DSP2 and DSP3 are not relevant. Policy DSP4 considers overall development quality including detailed design and is discussed below.
8.5 Policy DSP4 considers the quality of development. In this respect it is considered that the proposed sub−division and formation of a retail unit is of an acceptable quality of design and development as it is considered that the proposal is of a scale and nature that is appropriate to the character of the village. In terms of the existing frontage, it could be considered that the proposed frontage works will improve the physical fabric of the building at this location. In these respects the proposal accords with some of the elements of policy DSP4. However, as detailed below there are significant shortcomings with the scheme in terms of parking and servicing which means that the proposal does not comply with policy DSP4.
8.6 Consultees: Traffic and Transportation − At present there are 55 public parking spaces, 4 private to the social club and 3 taxi spaces. Traffic and Transportation has concerns about existing parking issues within the village at peak times and the extra levels of parking that this proposal will generate which would lead to more on .street parking to the detriment of road safety. Traffic and Transportation has also advised that servicing should take place outwith the existing car park. Whilst it is recognised that the site is well served by bus routes and the public footpath network with a significant proportion of households with close walking distance, it is considered that the deficiency in parking provision and lack of appropriate servicing provision is a significant consideration. Policy DSP4 states that a high level of design should be achieved, amongst other things, in terms of a safe environment and appropriate car parking. The Transportation Statement submitted with the application estimates peak morning traffic generation of 37 vehicles and 61 vehicles in the afternoon peak. Traffic and Transportation advise that there are current issues at peak times with the car park being unable to cope with the current levels of demand and this leads to indiscriminate and inappropriate parking which has an adverse impact on road safety. The additional anticipated vehicle movements associated with the development (particularly the peak vehicle movements) will exacerbate this and the applicant is not able to resolve this issue by providing additional parking. In these terms and as indicated above, it is considered that the proposal does not comply with Policy DSP4.
8.7 Consultees: NLC Waste Management − Comments noted in terms of refuse collection. 8.8 Representations: Following the standard neighbour notification process, 2250 letters of representation including a letter from Jamie Hepburn MSP were received. A Site Visit and Hearing has also been requested. The points of objection are summarised below:−•
Point of objection: The proposal will result in the closure of existing shops unable to compete with Tesco resulting in loss of vitality in the village centre.
Comment: At present there are at least 6 existing retail premises within the centre 'Costcutter' (at the petrol station), Keystore', Spar', Newsagent/store/Post office, butcher and baker. There are also other units which include a bookmakers, hairdressers, hot food takeaway and chemist. It is noted that competition is not a material planning consideration.
• Point of objection: The proposal will result in an overprovision of retail outlets in the village. There are enough existing shops in the village as well as large supermarkets in the town centre and Craigmarloch.
Comment: It is recognised that there are existing convenience stores as well as supermarkets within short driving distance. However, competition is not a material planning consideration.
• Point of objection: There is no need for more alcohol outlets which would lead to anti−social activity.
Comment: The sale of alcohol is controlled through separate legislation.
Point of Objection: The proposal would lead to increased traffic leading to congestion and road safety issues particularly for school children. There is also a bus stop immediately in front of the site.
Comment: It is recognised that there are existing parking issues with the public car park not able to cope with demand at peak times. It is considered that the additional traffic generated as a result of this proposal will exacerbate this problem.
• Point of Objection: There is inadequate parking provision.
Comment: It is recognised that there are existing parking issues with the public car park not able to cope with demand at peak times.
• Point of Objection: Impact on War Memorial − disrespectful to the war dead and to the original purpose of the social club and the proposed access ramp would detrimentally impact on remembrance ceremonies.
Comment: It is agreed that originally submitted proposal would detrimentally impact on the war memorial and also the functionality of remembrance services. However, through discussion, the applicant has submitted a revised proposal that relocates the proposed disabled access ramp to the north so that the war memorial area will remain unaffected.
• The revised ramp position together with the attached bike parking structures will reduce the width of the pavement and have an adverse impact on pedestrian safety and the operation of the crossing. Accordingly the proposed store entrance should be relocated away from the Main Street frontage.
Comment: Although reduced in width the footway will be as wide as that which exists across the existing Social Club entrance and steps. Whilst Traffic and Transportation have some concerns regarding the distance from parts of the car park to the proposed entrance no pedestrian safety issues have been highlighted with regards to the positioning of the ramp. • Point of Objection: Service deliveries will cause inconvenience at various times of the day and night.
Comment: These concerns are shared by the Councils Traffic and Transportation service given that it is proposed that there will be no separate servicing arrangements outwith the public carpark.
• Point of Objection: Proposal will result in more noise and air pollution.
Comment: These aspects are controlled through separate legislation.
• Point of Objection: The proposed bin store is insufficient.
Comment: The consultation response from N.L.C. Waste Management explains the usual waste management provision. Also if any issues arise, they would be deal with under separate Environmental Health legislation.
• Point of Objection: Condorrat is a village not a town, 'Glitzy' Tesco out of keeping with more old fashioned traditional character of village.
Comment: It is recognised that Condorrat village centre has its own distinct character of a more traditional nature. However, it is not considered that the proposed shop frontage would be out of keeping with this. As previously commented, it is considered that the proposed frontage works will visually enhance this part of the building in terms of physical fabric and also removing a 'dead frontage'.
• Point of Objection: Inappropriate bright signage would detrimentally affect amenity.
Comment: The detail of any illuminated signage would be controlled through a separate Advertisement consent application, however a standard shopfront at this location should not present any amenity issues.
• Point of Objection: The proposal is legally questionable in terms of the original constituted club.
Comment: This may or may not be the case. However, this is a private legal matter and not a material planning consideration.
• Point of Objection: Tesco to face investigation amid concerns that it has breached Groceries Supply Code of Practice.
Comment: Again, this is not a material planning consideration.
9. Conclusions
9.1 It is considered that the proposed development complies with the relevant local plan policies in terms of use and location, however it is considered that the issue of insufficient parking within the area, with no new parking provision being proposed, is a significant determining factor which renders this proposal to be contrary to Policy DSP4. It is therefore recommended that the application be refused.
9.2 Members should note that two separate requests for a site visit and hearing have been made by objectors. Application No: Proposed Development:
15/001 88/FUL Change of Use of Agricultural Land to Bus Depot (Retrospective) and Erection of Garage Site Address:
Land Adjacent To 101 Main Street Newmains Wishaw MI−2 9BG
Date Registered:
9th February 2015
Applicant: Agent: Martin Bell G S McPhail JMB Travel Alex Cullen & Co 101 Main Street 7 Gateside Street Newmains Hamilton Wishaw ML3 7HT MI−2 9BG Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 019 Murdostoun No letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The development meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan in that it relates to an existing use without being harmful to the character or amenity of the Green Belt.
ProposedConditions:−That,
except for the requirement of conditions 2, 6 and 7 or as may otherwise be agreed in writing by the Planning Authority, the proposed garage shall be implemented in accordance with drawing numbers:− 1215/1 and 1215/2B.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That notwithstanding the details shown on the approved plans and BEFORE any work commences on the proposed garage, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: In the interest of visual amenity by ensuring that external materials are appropriate for the site and for the general area.
That BEFORE any works of any description start on the proposed garage, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and approved in writing by the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To ensure that the site is free of contamination in the interests of the safety of future users of the site.
4. That BEFORE any works of any description start on the proposed garage, any remediation works identified by the site investigation report required in terms of Condition 3 above shall be completed and a validation report by an appropriately qualified environmental engineer shall be submitted to the Planning Authority confirming that the remediation works identified within the site investigation report required in terms of Condition 3 have been carried out in accordance with the terms of the Remediation Strategy to the satisfaction of the Planning Authority.
Reason: To ensure the site is free of contamination in the interests of the safety of future users of the site.
That before the garage 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, and shall, thereafter, be maintained as parking and manoeuvring areas. Reason: To ensure that there are suitable car parking facilities within the site, independent of the bus parking area.
6. That BEFORE any works of any description start on the proposed garage, a scheme of landscaping shall be submitted for the land within the applicants ownership on the north western and western boundaries of the site and approved in writing by the include:Planning−(a) Authority, and it shall
details of any earth moulding and hard landscaping, boundary treatment, 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; specifically this shall include a scheme of perimeter tree and hedge planting scheme along the north west and north east boundaries of the site, (C) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, (d) a timetable for these works.
Reason: To enable the Planning Authority to consider these aspects in detail and in the interests of the visual amenity of this Green Belt area.
That all works included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed within 9 months of this permission, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interest of the amenity of the site and the general area.
8. That BEFORE any works of any description start on the proposed garage, 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. 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 CIRIA in March 2000.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
9. That within 9 months of this permission and BEFORE any works of any description start on the proposed garage full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer experienced in drainage works as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
10. That the SUDS compliant surface water drainage scheme approved in terms of Condition 9 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS and before the garage is brought into use a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance prior to the garage becoming operational.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
11. That, apart from buses, there shall be no open air storage of materials taking place within the application site.
Reason: In the interests of visual amenity of the area. Background Papers:
Consultation Responses:
Memo from Protective Services dated 17.2.15 Email from Transportation dated 27.2.15
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521
Report Date:
27th February 2015 APPLICATION NO. 151001881FUL
REPORT
1. Site Description
1.1 The application site comprises the northern section of the former McKindless bus depot, located on the eastern side of the A73 between Newmains and Bogside. The application site consists of large industrial/workshop building with ancillary offices and a large yard for the parking of buses and staff cars. The site is bounded by the remainder of the former McKindless Bus Depot to the south, which is still actively used, partly as a bus depot and partly by other businesses including a plant & machinery hire business and a mechanical & electrical contractor. Open agricultural land lies to the north, east and west albeit that the land to the west is separated by the A73.
2. Proposed Development
2.1 Permission is sought for the erection of a garage in connection with the bus business and the regularisation of an unauthorised change of use from agricultural land to a yard for the storage of buses which took place less than 10 years ago. The proposed garage is almost square in shape, measuring 18.6m wide and 20m in length with a pitched roof, being 6.5m to eaves and 9.8m to apex. The materials to be used on the building are a band of brown facing brick from ground level to 2m high then powder coated plastisol metal lining to eaves and the roof is to be constructed with metal roof profile sheeting (goosewing grey). The increased yard is some 6140 square metres (1.5 acres/0.6ha) in size making a total site area of some 10330 square metres (2.55 acres/1 ha) including the access to the site.
3. Applicant's Supporting Information
3.1 Background information proving that two unauthorised sheds were built in excess of 4 years ago.
4. Site History
4.1 No significant site history.
5. Development Plan
5.1 The site is located within the Green Belt in the adopted North Lanarkshire Local Plan where Policy NBE 3A applies.
6. Consultations
6.1 Neither Transportation nor Protective Services have any objections, however, due to previous uses of the land, Protective Services have requested that a site investigation report is undertaken before development starts.
7. Representations
7.1 No letters of representation received.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies. In the North Lanarkshire Local Plan the site is covered by NBE 3A Green Belt. Policy DSP 4 (Quality of Development) and Supplementary Guidance SPG.07 (Green Belt) are also relevant.
8.2 Policy NBE 3A seeks to protect the character and promote development in the Green Belt by restricting development to acceptable types. SPG 7 indicates that extensions to and new building relating to existing uses are acceptable in principle subject to these not being harmful to the Green Belt. Policy DSP 4 seeks to ensure that developments are of a high quality and integrate with the local area without being harmful to the amenity of that area. Both policies NBE 3A and DSP 4 require applications to be assessed in consideration of a range of criteria including: economic benefits; infrastructural implications; specific locational needs; environmental impacts; design and transportation issues. As the extension of the yard into the Green Belt is for an enlargement of an existing yard, is considered to be of economic benefit in that it has enabled the applicant to expand their business and can be argued to have a specific locational need. The development does not pose any infrastructure issues. The yard extension and perimeter fence are screened to a degree by existing landscaping. Subject to a condition requiring some peripheral landscape screening it is considered that the visual impact of the expansion of the yard and the proposed building can be suitably mitigated. The surrounding land is fairly low grade non−prime agricultural land and is considered to be able to accommodate the development without being harmful to the Green Belt. The new garage will be constructed at a location within the site adjacent to other buildings, its visible impact will be minimised by the topography of the site and existing and proposed landscaping. A condition can ensure the use of appropriate materials on the building to ensure that it is appropriate for the rural setting. It is considered that the development complies with both Policies NBE 3A and DSP 4 and with SPG.07 (Green Belt).
8.4 Issues raised by consultees can be suitably addressed by planning conditions.
9. Conclusions
9.1 In conclusion, it is considered that the development complies with policies NBE 3A and DSP4 of the North Lanarkshire Local Plan and SPG.07 in that it relates to an existing use without being harmful to the character or amenity of the Green Belt. It is recommended that planning permission is granted subject to conditions. Application No: Proposed Development:
1 5/00284/FUL Repair, Modification and Reinstatement of Existing (Fire Damaged) Waste Transfer Building. Site Address:
Viridor Waste Management Lang muir Way Bargeddie North Lanarkshire G69 7RW
Date Registered:
12th February 2015
Applicant: Agent: Viridor Waste Management Limited Angus Design Associates Ltd Pioneer House The Building Design Centre Europoint Office Park 125 Muir Street Eurocentral Hamilton ML1 4UF MI−3 6BJ
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 009 Coatbridge West 0 letter(s) of representation received. James Smith, Paul Welsh, Kevin Docherty,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed repair and reinstatement works to this ancillary electrical waste transfer station are considered acceptable and are in accordance with the local plan. The proposed replacement building would complement the adjoining waste storage and processing building in terms of its appearance and function and would enable the operator to continue to recycle electrical and electronic waste in accordance with the current waste management permitting requirements agreed with SEPA.
ProposedCondition(s):−That,
except as may otherwise be agreed in writing by the Planning Authority, the development hereby approved shall be implemented in accordance with the approved drawings as set out below:
AL(0)001 Location and Block Plan AL(0)005 Rev A Proposed Details−Demolition AL(0)012 Rev A Proposed Floor Plan AL(0)01 3 Rev A Proposed Elevations
Reason: To clarify the details on which this approval of permission is founded.
Background Papers:
Consultation Responses:
NLC Environmental Health (includin Pollution Control) received 5th March 2015. NLC Roads Operations received 24 February 2015 Scottish Environment Protection Agency received 24t1 February 2015
Contact Information:
Any person wishing to inspect these documents should contact Mr Cohn Marshall at 01236 632497
Report Date:
5th March 2015 APPLICATION NO. 15/00284/FUL
REPORT
1. Site Description
1.1 The proposed repair, modification and re−instatement works relate to part of a fire damaged electrical waste storage building located within Viridor's operational waste management depot at Langmuir Way, Bargeddie.
1.2 This part of the building was previously used to store waste electrical and electronic equipment, prior to recycling and is located centrally within the depot and is accessed via an internal service roadway and hard standing area.
2. Proposed Development
2.1 The proposals would involve the demolition of the fire damaged section of this waste storage building (767m2) and replace this with a smaller structure with a floor space of 322m2. The replacement building would consist of an open front metal framed structure clad with metal panels. The overall height of the replacement building would similar to the adjacent undamaged section of this building and finished in matching materials. The replacement building would continue to be used by Viridor to store electrical waste items prior to recycling processes.
3. Applicant's Supporting Information
3.1 The applicant provided an application form and drawings showing the proposed demolition and reconstruction works in relation to the overall site and the surrounding area.
4. Site History
4.1 This waste management site was initially in use as a scrap metal yard in mid 1990s and has subsequently been extended and developed as a waste transfer and recycling depot including waste recycling buildings, waste storage areas and ancillary office and weighbridge facilities. Improvements to access and other infrastructure have also been implemented to assist in the management of the facility.
4.2 The current operator, Viridor host a regular Community Liaison Group Meeting with members of the local community.
5. Development Plan
5.1 The existing waste management depot, is located within an area covered by Policy EDI Al (Existing Industrial and Business Area and Policy EDI Al "W' (Existing Waste Management Facilities). Policy DSP 3 and 4 would also be relevant.
6. Consultations
6.1 There was no objection from SEPA or NLC Roads Operations.
6.2 NLC Protective Services had no objections to the proposals but advised the construction works should be carried out in accordance with current environmental regulations to ensure the working hours, noise and dust emissions are effectively controlled.
7. Representations
7.1 There were no representations received. 8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, all planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 The proposals relate to repair and re−instatement works to an existing fire damaged waste recycling building located within an existing operational waste management depot and would accord with policy EDI Al (Existing Industrial and Business Area and policy EDI Al "W" (Existing Waste Management Facilities).
8.3 The proposals are also considered acceptable under policy DSP 3 (Impact of Development) and policy DSP4 (Quality of Development) as there would be no unacceptable impacts and the replacement unit would be of similar design, function and form to the previous structure but with a smaller construction footprint. The reconstructed unit would continue to be used to store and recycle waste electrical components.
8.4 There were no objections to the proposals from the consultees as noted above and there were no objection representations.
9. Conclusions
9.1 The proposed repair and reinstatement works to this ancillary waste transfer station is acceptable and in accordance with the local plan policies. There were no objections from consultees and there were no representations received. The re−instatement of this facility would enable the operator to continue recycling electric and electronic waste in accordance with their SEPA PPC permit. It is therefore recommended planning permission be granted subject to condition.