AGENDA ITEM No, .l...l...l...m a

North Lanarkshire Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date : 10 November 201 1

Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved

1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

10th November 201 1

Page Application Applicant Development/Site Recommendation No No

5 10/00952/PPP Hazledene Homes Residential Development (In Refuse (P) Shotts Ltd Principle) Request for Hearing Land At Stable Road Shotts

16 11/00122/FUL Healthcare Erection of Clinical Waste Grant Environmental Treatment Facility, Incorporating Services Ltd Thermal Treatment Plant Hassockrigg Former Opencast Site Shotts Road Shotts

47 11/00495/FUL Mr Paton Erection of Two Storey Grant Detached Dwellinghouse Land At 86 Glen Road Wishaw

56 11/00754/FUL Green Dimension Erection of a Temporary Grant Ltd Meterological Monitoring Mast of Height up to 50.2m. Land North Of Springhill And Leadloch Road Stane Shotts

63 11/00787/FUL Central Scotland Erection of 7 dwellinghouses Grant Forestry Trust Land South Of Southfield Request for Site Visit Crescent Stane Shotts

73 11/00863/FUL Mr Martin Downey Change of Use of Industrial Unit Grant from Light Engineering to Used Car Sales (In Retrospect) Unit 4 & 5 Block 2 Roseberry Road Chapelhall Industrial Estate

2 79 11/00926/FUL Mr Gerard Erection of a Greenhouse Grant Gollogley Extension to Front of Flat (In Retrospect) 2A Kelso Quadrant Summerlee Coatbridge

85 11/0094O/FUL A. B Ashraf Installation of New Shopfront Grant 54 - 56 Castlehill Road Ove rtown Wishaw

92 11/00953/FUL Mr Robert Change of Use from Business Grant McGregor Unit to Car Sales/Showroom lmex Business Centre 260 Main Street Coatbridge

99 11/00990/AMD Bellway Homes Substitution of Flatted Grant Scotland Development with 37 Detached, Semi-Detached and Terraced Dwelling Houses Former Motherwell College Dalzell Drive Motherwell

108 11/00994/FUL Mr & Mrs Robert & Change of use of Land to Grant Lorna Forrest Private Garden Ground Ground North Of 11 1 Omoa Road Cleland

115 1 1/0101 6/FUL North Lanarkshire Change of Use from Public Grant Council Open Space to Public Parking Area Site Adjacent To 212 - 238 Calder Street Whiff let Coatbridge

121 11/01023/AMD Mr Robert Fullarton Erection of Three Storey Block Grant Accommodating Twelve Flatted Dwellinghouses (Extension of Time for Planning Permission 06/0121 3/FUL - Non compliance with Condition 1) The Four Aces Barrowfield Street Barrowfield Coatbridge

3 129 11/01062/FUL North Lanarkshire Construction of a Park and Ride Grant Council Facility of 127 Parking Spaces Land At Foundry Road Shotts

137 11/01063/FUL North Lanarkshire Construction of a Play Area Grant Council Vacant Land North Of 109 Gibb Street Chapelhall

(P) 10/00952/PPP If minded to grant, Section 75 agreement required for off site road works.

4 Application No: Proposed Development:

10/00952/PPP Residential Development (In Principle) Site Address:

Land At Stable Road Shotts

Date Registered:

24th August 2010

Applicant: Agent: Hazledene Homes Shotts Ltd Brian Muir 1 Colme Street Muir Smith Evans Edinburgh 203 Bath Street EH3 6AA Glasgow G2 4HZ

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 012 Fortissat Four letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Refuse

Reasoned Justification:

The proposed residential development does not accord with the Rural Investment Area zoning of the site and is therefore contrary to the Southern Area Local Plan 2008, the Finalised Draft North Lanarkshire Local Plan, the Glasgow and the Clyde Valley Structure. It is also considered that the proposal will adversely affect the existing industrial and commercial uses on Stable Road.

5 D Depot

Thk map is reproduced from PLANNING APPLICATION 10 / 00952 / PPP Produced by Ordnance Survey material North Lanalkshire Council M the permission of Planning and Environment Department, Ordnance Survey on behalf of the Controller of Her Majesw Residential Development (In Principle) Stationery Offioe. 0 Crow copyright Unauthorised reproduction infringes Crown Land At, Stable Road, Shotts rwire copyright and may lead to couad prosecution or civil procaedings. Nuth LanarkshireCouncil Representation K te101698 27427 100023396 2008 * 1:3,000 fax 01698 403053 Recommendation: Refuse for the Following Reasons:-

1. That the proposed development fails to the meet the following criteria within Strategic Policy 9 of the Glasgow and the Clyde Valley Joint Structure Plan 2006;

SP9 A(ii), as the proposed development is considered to be a significant housing development of 10 or more units at a site outwith community growth areas identified in Strategic Policy lc and is not included as an additional housing requirement identified in Schedule 6(b)(ii);

SP9B (ii) a, (v), (vi) as the site includes the development of greenfield land in the wider countryside and does not promote sustainable transport aims;

SP9C(ii) as it is unlikely that appropriate transport facilities could be provided and maintained that would minimise the dependency on the private car to access the development site.

Accordingly, the development is contrary to the Glasgow and the Clyde Valley Structure Plan 2000 Incorporating Fourth Alteration 2008. Furthermore, the applicant has failed to demonstrate that the development is an appropriate departure from the plan as set out within Strategic Policy 10.

2. That the proposed development is contrary to the terms of following policies of the Southern Area Local Plan 2008:

ENV8 (Rural Investment Areas ) as there would be no significant long term economic benefits and no specific locational need for this scale of housing development in this area;

HSG2 (Private Sector Residential Development) as the proposals involve the development of land within the Rural Investment Area;

HSGI 1 (Housing in the Green Belt and Countryside) as the proposed development is outwith existing residential areas as defined under policy HSG2 and 7, and is not an identified housing site or considered to be a development site identified in the Housing Schedules and is not justified under the terms of ENV8.

3. That the proposed development is contrary to following policies of the Finalised Draft North Lanarkshire Local Plan:

NBE 3 B (Assessing Development in the Rural Investment Area) as the proposed development extends beyond the revised settlement boundary for Shotts and as such significantly exceeds the amount of residential development intended for Shotts in the draft plan;

DSP 1 (Amount of Development) as the scale of the proposed development is contrary to the Structure Plan policies and cannot be justified against the criteria of SPIO;

DSP 2 (Location of Development) as the location of the development site is not consistent with the following policy criteria:

0 64 (Accessibility) as the development does not support the hierarchy of walking/cycling/public transpodprivate transport;

65 (Community) as the proposals do not necessarily secure an appropriate combination of services and infrastructure that would improve community facilities at Shotts.

4. That the proposed development is contrary to Policies TR13 of the Southern Area

7 Local Plan and Policy DSP4 of the Finalised Draft North Lanarkshire Local Plan, in that the proposed means of vehicular access through an industrial area to serve a residential development would lead to an unacceptable impact upon the adjoining land uses adversely impacting on road traffic circulation and road safety.

5. That the applicant has failed to demonstrate that suitable noise attenuation measures to adequately reduce the low frequency industrial fan noise from the adjacent industrial unit can be implemented to protect the amenity of the proposed dwellinghouses.

Note to Committee

If approved the decision notice will not be issued until a Section 75 Legal Agreement has been concluded for the provision of off site road works.

Backaround Papers:

Representation Letters

Letter from Debbie Lumb, SNT LTD, High Street Industrial Estate, Shotts received 22nd September 201 0. Letters from Mrs Laura Lane, Nicol Boilers Ltd, High Street Industrial Estate, Shotts received 21" September 2010. Letter from Graham Jinks Planning & Development, 28 Eriskay Avenue, Hamilton, ML3 8QB received 1 1th October 2010. Email from Laura Lane, Stuart Nicol Transport, High Street Industrial Estate, Shotts, ML7 5DR, received 24'h October 201 1 requesting a Site Visit and Hearing. Emails from lan Nicol, Nicol Boilers Ltd, High Street Industrial Estate, Shotts, ML7 5DR, received 24'h October 201 1 requesting a Site Visit and Hearing.

Consultation Responses:

Memo from Transportation 1gth November and 12'h August 201 1. Memo from Geotechnical received 5'h October 2010. Memo from Greenspace Services received 22ndSeptember 2010.

Letter from Scottish Environment Protection Agency received 7th September 201 0. Letter from Scottish Natural Heritage 11 th October 2010. Letters from SPT received 2ndNovember 2010.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

1" November 201 1

8 APPLICATION NO. 10/00952/PPP

REPORT

1. Site Description

1.I The application site is located to the north east of Stable Road, Shotts and extends to some 6.77 hectares. Access to the site is taken from Benhar Road, via High Street and Stable Road. The site is bounded to the south and east by the South Calder Water, and beyond that by open land and water, to the north by open land and to the west and south west by roads and a variety of industrial uses. The site itself has a mixture of buildings and plant throughout associated with its previous use as a general industrial site including a coal wash facility. The site remains derelict and vegetation has not established across the site. Bunding runs around the perimeter of the whole site and the site slopes down from north to south with no dramatic changes in levels.

2. Proposed Development

2.1 Planning permission in principle is sought for a residential development on the site, accessed from Stable Road. An indicative plan has been submitted with the application detailing a layout based on the principles of Designing Streets, with an indicative number of 186 residential units. Access to the site is to be taken from Benhar Road onto High Street and then Stable Road, utilising the existing vehicular access into the site. The current application is intended to be Phase 1 of a wider scheme for the whole of Torbothie Waterside area but has been submitted as a development that could remain free standing in its own right.

3. Applicant’s Sumortina Information

3.1 In addition to the application form and plans, a Supporting Planning Statement, a Transport Assessment(TA), Flood Risk Assessment, Site Investigation Report and an Ecology Report have been submitted in support of the application.

3.2 The Planning Statement includes a summary of findings that the developer considers is particular to the site and that the scale of the proposed development may be justified for the following reasons:

0 The application site is brownfield in nature and does not lie within the designated greenbelt, nor does it lie within an area which could be reasonably described as genuine countryside. The site has supported urban land uses for much of the last century and is only ‘green’ because, following its most recent uses, it was not redeveloped. Certainly the site does not lie within an area which could be classed as countryside which requires to be protected from development. As such the development is considered to e consistent with the provisions of the Structure Plan. 0 Despite the long-standing industrial use of the site (and much of the surrounding area), and despite the fact that the application site makes no obvious contribution to either the environmental quality or the agricultural productivity of the countryside area, the “countryside” policy ENV8 appears to have been applied to the application site (and the surrounding area) without any justification. This general approach has been carried forward in to the emerging local plan, again without any justification. The site has been the subject of substantial developments in the past, forms a clear development platform, and obviously (on the basis of any realistic inspection) represents a degraded urban site which can be classed as brownfield and be capable of redevelopment. Within this context, it is submitted that the application site can be classed as brownfield. 0 It is also submitted that the redevelopment of the site for residential purposes would be consistent with the structure plan part of the development plan

9 because of its brownfield status, and because its redevelopment would not undermine any of the key objectives of the site specific countryside policies of the adopted local plan and the emerging local plan. In particular, it would improve the local environment, rather than undermine it and would not have any adverse impact on agricultural of forestry activities within the area.

4. Site History

4.1 The application site has been subject to a variety of industrial uses connected with the significant industrial area which previously existed between Calderhead and with wider Torbothie site. More recently and as approved in 1993 (220/93), the site has been used for general industrial processing, including a coal washing plant. The site currently remains unutilised.

5. Development Plan

5.1 The application site is designated as Policy ENV8 (Rural Investment Area) in the Southern Area Local Plan 2008.

5.2 The application site is designated as Policy NBE 3 B (Rural Investment Area) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation advised that the concept of a residential development taking access through what is in detail an area used for both Industrial and Commercial premises does not comply with the Roads Authority’s Guidelines. On that basis there are difficulties with both the location of the site and the immediate access to the site.

6.2 Protective Services requested the submission of a detailed site investigation. In addition a 884142 Noise Impact Assessment was requested to assess the impact of noise from the Davidsons Factory on the development site. A noise impact assessment was submitted, however the objection remains as effective noise attenuation measures cannot be provided at Davidson’s to adequately reduce the low frequency industrial fan noise at source.

6.3 SEPA have raised no objections to the development on flood risk grounds.

6.4 Scottish Natural Heritage have requested updated Protected Species Surveys should more than 6 months elapse from the date of the original surveys and the start of works on site. For clarification the updated surveys must cover Badgers, Bats, Water Voles, Breeding Birds, Otters and Great Crested Newts. If they are found to be present, then a species protection plan requires to be submitted.

6.5 Strathclyde Passenger Transport have advised that a development of up to 200 units at this location would create significant travel demand and in line with Scottish Government Planning Policy, the development should be located within 400 metres of public transport services. The proposed development site is outwith the recommended 400 metres walk-in catchment of bus services operating on Station Road, some 700 metres distant. Should permission be granted, it would be necessary for the developer to secure re-routing of bus services into the site. However, poor walking and cycling links along with inadequate access to public transport and the unlikely potential to divert services into the site, means that the development would have residents reliant on private car use and, as such, this would be contrary to Scottish Planning Policy.

6.6 Greenspace Services have advised that the site is adjacent to a Site of Importance for Nature Conservation and that there are no nature designations on the site. In addition, they have advised that the Phase 1 Habitat and Protected Species Surveys carried out by WSP, appears to be comprehensive and that the Mitigation and

10 Enhancement Measures recommended within the surveys should be carried out. They have also advised that it would be reasonable to expect an above ground SUDS to be constructed for the proposed development and that habitats should be created around the SUDS pond.

6.7 Geotechnical have advised that the north east corner of the site falls within the 1 in 100 year flood envelope and therefore has an increased risk of being flooded during intense rain storms. Any new development should not exacerbate flooding elsewhere within the flood envelope. A full detailed SUDWdrainage design including calculations is required to be submitted for full planning permission.

7. Representations

7.1 Four letters of representation and three requests for a Site Visit and Hearing have been received following the neighbour notification and press advertisement procedures, two of which are from objector’s and one from the applicant. The objections raise concerns over the impact of a residential development on the established industrial and business area, the adverse impact of additional vehicular traffic on the established businesses and noise issues. A summary is provided below:

1. The objector has centralised their transport operations at a new purpose built facility on Stable Road. Large commercial vehicles operate on this road and as the area is industrial, minimal impact would be experienced from the objectors operations. However, the introduction of residential development could cause conflict and subsequent complaints from users of the residential area. 2. Stable Road is not of a standard that could sustain an increase in traffic volume and the industrial nature of the road could lead to conflict with residential users of the road and pedestrians. 3. Noise from the objector’s property would adversely impact upon a residential development in the proposed site. 4. Where the road meets Gray Street, there is an adverse camber on a curve resulting in commercial vehicles having to utilise both sections of the road for manoeuvring which would conflict with additional users of Stable Road. 5. The area is industrial in nature and the introduction of a residential development in close proximity to the industrial uses would increase pressures on the industrial users of the area. 6. In strategic planning terms, the need for the proposed scale of housing release in Shotts is questionable. In any event, it is suggested that a decision on the planning application would be premature pending the outcome of the ongoing North Lanarkshire Local Plan in relation to future housing release in Shotts.

8. Plannina Assessment

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

8.2 Development Plan: The Development Plan consists of the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008) and the Southern Area Local Plan 2008.

8.3 Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008): Structure Plan Strategic Policy 1 (Strategic Development Locations) requires the continued designation and safeguarding of the Glasgow and Clyde Valley Green Belt and Rural Investment Areas within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. Consideration is given to the appropriateness of making provision for low density, low impact housing within parts of the Rural Investment Areas, outwith the Green Belt. Where it can be demonstrated that it forms an integral part of a comprehensive regeneration strategy, such development would have to be

11 associated with advanced environmental restoration or enhancement of damaged or degraded landscapes all within the context of an overall plan for securing the improvement of an area considerably larger than that being developed. This change requires to be acceptable in structure and local planning terms. Until suitable areas are identified in an adopted Local Plan, existing development plan policies relating to the control of residential development in the countryside will continue to apply. As the proposed residential development is on land zoned Glasgow and Clyde Valley Green Belt and Rural Investment Areas, it is considered that the proposal is in direct conflict with Strategic Policy 1 which seeks to safeguard land with this designation. Furthermore, as detailed below, the development of a residential development is not identified in either the adopted Southern Area Local Plan 2008 or the Finalised Draft North Lanarkshire Local Plan with regards to a comprehensive rural regeneration strategy.

8.4 The Structure Plan Strategic Policy 6 (Quality of Life and Health of Local Communities) indicates that the quality of life and health of the communities will be supported through providing housing opportunities to meet the requirement for a continuing 5 year effective owner occupied land supply. Schedule 6(b) the need to provide for choice in terms of size and type of housing in each housing market area and the needs for social rented housing identified in Local Plans and Local Housing Strategies. As the proposed development involves greater than 50 houses the proposed development must be assessed against Strategic Policy 9.

8.5 Strategic Policy 9 - Assessment of Development Proposals: Strategic Policy 9 B (ii) seeks to safeguard the Glasgow and Clyde Valley Green Belt. Strategic Policy 9 B (v) also covers the location of the development in terms of the need to avoid sporadic development in the Green Belt and the wider countryside. If proposals fail to meet the criteria set out in this policy they will be regarded as a departure from the Development Plan and require to be justified against Strategic Policy 10. The proposal is in the Rural Investment Area with no adequate justification and therefore fails to meet the criteria set out in this policy. The proposals are also considered contrary to the terms of SP9C(ii) as, despite the claims made in the accompanying TA, it is unlikely that appropriate transport facilities could be provided and maintained that would minimise the dependency on the private car to access the development site. The development is therefore regarded as a departure from the Development Plan and requires to be justified against Strategic Policy 10.

8.6 Strategic Policy 10 - Departures from the Structure Plan: Where development is deemed to be a departure from the Structure Plan, there is a further opportunity to demonstrate appropriateness in Strategic Policy 10 (Departures from the Structure Plan). In this regard, the proposals would require support, most notably under SPIO A (ii) and (v) or SPIOB (i), (ii) or (iii). In terms of need, there is no clear shortfall in the existing or planned supply of housing development within the appropriate Market Area as noted in Schedule 6(b)(ii). There is also no specific locational need for a housing development of this scale in this area. Therefore, it is considered that this particular proposal cannot be justified under SP10 A (ii) or (v). Turning to appropriate benefit criteria of SPlOB, the development would have an impact on employment associated with the construction of a housing development of this scale, however, there would be no long term economic benefit through the creation of a significant number of net additional permanent jobs to the immediate area. Under SPIOB (ii) (a) the proposals would not assist in the rural regeneration of the Priority Areas identified in Schedule 1 (b) (d). The indicative proposals suggest that some community facilities would be provided as part of the wider proposals, however, it cannot be guaranteed that such facilities could be sustainable or managed effectively over the long term and this aspect does not overcome previous concerns over the scale of the housing development in this area. As such, the proposals cannot be justified under SP9B (ii) (b). The proposals would improve on the visual appearance of the site however it would not provide any significant environmental benefits under the criteria noted under SPlOB (iii) a, b or c. In particular, it has not been adequately demonstrated that the proposals could include appropriate measures to protect and enhance a wider

12 environmental restoration of the area or the adjacent SINC. Other supporting documents i.e. the SUDS and Drainage Strategy suggest that appropriate mitigation measures could be introduced to minimise or neutralise the impacts on water quality and the proposals may offer some environmental benefit through the improvement of the part of the site. It can therefore be concluded that the proposals are contrary to the terms of SP9 and cannot be justified to any significant degree to allow an acceptable departure under SP10 criteria as noted.

8.7 Policy ENV8 of the Southern Area Local Plan seeks to protect the Countryside and will not normally permit development other than that which relates to agriculture, forestry, the generation of power from renewable energy sources, outdoor leisure and recreation, telecommunications or other appropriate rural uses, seeking to direct development to brownfield sites. Whilst policy guidance discourages sporadic and isolated development, rural areas do require developments that will bring economic life and vigour to rural areas. However, notwithstanding this, proposals need to be justified under the following criteria in terms of; economic benefit, specific locational need, infrastructure and environmental impact. It is acknowledged that the development has the potential to provide a short term economic benefit, however the proposals would not assist in the rural regeneration of the Priority Areas, the proposals would improve the general appearance of the site however it has not been adequately demonstrated that the proposals could include appropriate measures to protect and enhance the wider environmental restoration of the area or the adjacent SINC. In terms of need, there is no clear shortfall in the existing or planned supply of housing within the appropriate market area and there is also no specific locational need for a housing development of this scale in this location. It is therefore considered that the development is contrary to Policy ENV8.

8.8 Policy HSG2 (Private Housing Development) sets out that private sector residential development should be geared towards infill and redevelopment sites within existing urban areas with the aim of protecting agricultural and greenbelt land. The proposals would involve the development of land in the Rural Investment Area located at the north eastern edge of an established industrial and business area and would not be in compliance with Policy HSG2.

8.9 Policy HSG 11 (Housing in the Green Belt and Countryside) considers a number of criteria the Council will consider when determining proposals for new houses in the Green Belt. New houses, which do not form replacement dwellings, will only be permitted where there is a proven operational need in accordance with policies ENV6 (Green Belt) and ENV8( Rural Investment Area). The applicant has failed to adequately justify the proposal on grounds of specific locational need. The proposal therefore does not comply with policy HSGI 1 in this respect

8.10 Policy TR 13 (Assessing Transport Implications of Development) sets out criteria including: the level of traffic generated and its impact on the environment and adjoining land uses; the provisions made for access, parking and vehicle manoeuvring. As indicated at paragraph 6.1 above, Transportation have recommended that the application be refused as the concept of a residential development taking access through Industrial and Commercial area does not comply with the Roads Authority Guidelines, irrespective of the introduction of Designing Streets. On this basis there are difficulties with both the location of the site and the immediate access to the site. In general terms, the assessment of the off site junction improvements are acceptable. Further discussions would be required in the event that the application were approved in relation to carriageway dimensions and the need for specific off site improvements, Parking standards with dimensions of internal access roads have been referred to in the event that the application were approved. With regards to the Green Travel Plan, the development site is 400 metres from Benhar Road at its nearest point, which is the only street bus service route. However, poor walking and cycling links along with inadequate access to public transport and the unlikely potential to divert services into the site, means that the development would have residents reliant on private car use and, as such, this would

13 be contrary to Scottish Planning Policy. Furthermore, the intensification and conflicted use for industrial and residential purposes would have a detrimental effect on road safety. It is therefore considered that the proposed means of access to the development does not comply with Policy TR 13.

Finalised Draft North Lanarkshire Local Plan

8.11 The terms of the emerging Finalised Draft North Lanarkshire Local Plan (FDNNLP) 2008 needs to be considered as this document contains the Council’s emerging policies for development and, once adopted, would replace the current local plan.

8.12 The FDNLLP offers support for a limited amount of development with land designated as Rural Investment Area. In this respect, Policy NBE 3 B does not support the scale of residential development proposed within the Rural Investment Area.

8.13 The proposals would also need to be assessed against policies DSP 1, 2, 3 and 4 of the FDNNLP as follows. DSP 1 (Amount of Development) sets out that any proposed development that does not form part of the Established Housing Land Supply 2008 and that cannot be justified by demand assessment are Development Plan departures and require to be justified in terms of both need and benefit under Structure Plan Strategic Policy 10. As noted above the proposals are considered not to be in accordance with SP9 and are not justified as an acceptable departure under SP10. Therefore the proposals are considered an over-development under the terms of DSPI (Amount of Development) in the FDNLLP.

8.14 DSP 2 (Location of Development) sets out that planning permission for new developments may be granted only if they are consistent with the policy’s locational criteria. In this respect the proposed development does not meet the criteria on the following basis.

B1. (Urban Regeneration) - Whilst development of brownfield land and/or existing infrastructure and services is supported, this proposal involves a significant new housing development outwith the defined settlement boundary of Shotts, accessed through a commerciaVindustria1 area to which no justification has been provided under Structure Plan Strategic Policy 10.

B4. (Accessibility) - The proposed development does not support the hierarchy of walking/cycling/public transpodprivate transport. The proposals would result in additional reliance on the private car due to its isolated location. It is noted that the Transportation and SPT disagreed with the information presented in the submitted TA that the proposals would be considered as a sustainable development under Scottish Planning Policy (SPP). Paragraph 168 of Scottish Planning Policy states that planning permission should not be granted for significant travel generating uses in locations which would encourage reliance on private car and where direct links to walking and cycling networks are not available and cannot be made and where access to public transport networks would involve walking more than 400 metres. This has not been satisfactorily demonstrated through the application process and it is considered that the application is contrary to Policy DSP 2 84.

8.15 DSP 3 - (Impact of Development) - sets out that development proposals outwith any requirements for Traffic, Retail or Environmental Impact Assessments, require assessment in terms of their impact on the economic, social or environmental infrastructure of the community. The development has the potential to provide short term local employment through the construction phase, however, this does not outweigh the zoning of the site. With regards to the additional information requested by consultees in relation to the impact on protected species, the submission of further information could be suitably conditioned. On balance, the development is considered to be contrary to policy DSP3.

8.16 DSP 4 Quality of Development - developments will only be permitted where high

14 standards of site planning sustainable design are achieved. It is accepted the proposals are, at this stage, in “principle” and should this application be granted, conditions would require further details on these matters to be submitted for consideration.

8.17 In concluding an assessment against the terms of the above policies, it is considered that the proposed development is contrary to the Finalised Draft North Lanarkshire Local Plan 2008.

8.18 The applicant’s supporting statement, as outlined in paragraph 3.2 above, attempts to justify the proposed residential development in terms of the Rural Investment Area zoning of the application site. The supporting statement concludes that the proposal can be considered to be acceptable against the provisions of both national and local planning policy. Notwithstanding the above assertions made in support of the application, it is considered that the proposed development is inappropriate in the proposed location, contrary to the Structure Plan, the Southern Area Local Plan and the emerging Finalised Draft North Lanarkshire Local Plan.

Consultations

8.19 The consultation response received from Transportation has been assessed above in paragraph 8.10. With regards to the comments received from Protective Services requesting a Noise Impact Assessment, the applicant submitted a noise impact assessment, however Protective Services maintain their objection to the development as the proposed means of mitigation would not address the noise issues affecting the site. The additional survey work requested from SNH and Greenspace Services could be covered by appropriate planning conditions in the event that permission were approved. In the event that the application was approved, conditions could be utilised to secure the submission of a detailed site investigation.

Remesentations

8.20 In relation to the grounds of objections, the following comments can be noted:

1. The concerns raised in relation to the conflicts caused through the introduction of a residential development on the edge of an industriaVcommercia1 area are shared as detailed in paragraphs 8.3-8.19 above. 2. The transportation implications of the development have been discussed in paragraph 8.19 above. 3. Noise has been discussed in paragraph 8.1 9 above. 4. The impacts of the development on the industrial/commerciaI uses is not considered to be acceptable for the reasons as outlined above. 5. The view of the objector is shared, in that the approval of the application would be premature pending the outcome of the North Lanarkshire Local Plan in relation to future housing releases.

9. Conclusions

9.1 In conclusion, it is considered that the development constitutes a departure from the development plan and that no material considerations, that would justify the departure, have materialised during the assessment of the proposal. Furthermore, the applicant has not satisfactorily demonstrated that the proposal would not result in a significant adverse effect on the environment or that there is any other justification for a departure from the development plan and other relevant policy documents for the area. It is therefore recommended that the application be refused.

9.2 It should be noted that three separate requests have been made for a Site Visit and Hearing, two from objector’s and one from the applicant.

15 Application No: Proposed Development:

11/00122/FUL Erection of Clinical Waste Treatment Facility, Incorporating Thermal Treatment Plant

Site Address:

Hassockrigg Former Opencast Site Shotts Road Shotts

Date Registered:

7th February 201 1

Applicant: Agent: Healthcare Environmental Services Ltd RPS Planning & Development Mr Garry Pettigrew Alan Pollock Calderhead Road Ocean Point One Shotts 4th Floor ML7 4EQ 94 Ocean Drive Edinburgh EH6 6JH

Application Level: Contrary to Development Plan: Major Application Yes

Ward: Representations: 012 Fortissat 162 letters of representation received. Charles Cefferty, Malcolm McMillan, James Robe rtson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development although contrary to the Southern Area Local Plan and the Finalised Draft North Lanarkshire local Plan is considered acceptable in this instance given overriding material considerations. The impact of the proposed development is considered to have been adequately addressed by the ES, and is considered to accord with the majority of the policy criteria in terms of the impact of the proposed development. Furthermore it is considered that the proposed development generally accords with the main aims, principles, policy and guidance contained within the Zero Waste Plan (ZWP), the National Planning Framework 2 (NPF2), Scottish Planning Policy (SPP) and advice set out in Planning Advice Note 63 (PAN 63). In addition the economic benefits of securing the existing employment of the current workforce and the provision of additional employment within North Lanarkshire are considered to be of sufficient weight to warrant approval of the application in this instance.

16 i _--1.. // .r’ 162 Representations received in total ., ,:>e v. * .,$ * Including local Member MP, MSP 1. I: I ,..Y,$.,*# i., : ,.“L* \ !,, .&‘,P Action Group and West Lothian -1 I! ,dr2,$ ’’ ,‘ 8,v Council . /i ,,,,;,p* ‘\ ,/ 1 within plan area. ‘X,., ‘X,., ,..,**,:$/if ,’ I x b. iEc -.*L PLANN IN APPLl CAT1 ON 11 WO 1 22iFUL Rqmduad by permission G Produced by d th Wnance Su~yon Planning and Dewlwment Isehall d HMSO. @crOwi Erection of Clinical Waste Treatment Facility, Envirormsntal Serlic hpyri@tand database tight Incorporating Thermal Treatment Plant North Lanarkshire CO PO9. All fights resetwed. Fleming House tlrshifl Crdnana Sumy 2Tryst Road Cr Licence nu~erl0m23396. Hassockrigg Former Opencast Site, Cum bernauld Shotts Road, Shotts. 1:10,000A 067 IJW * Representation 17 Proposed Conditions:

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

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

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

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

3. That within 4 weeks of completion of all building works on site, of the development hereby permitted] a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997, to monitor the development, to enable the Planning Authority to retain effective control.

4. 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.

Reason: To clarify the details on which this approval of permission is granted.

5. That no development shall commence on site until a Construction and Environmental Management Plan (CEMP) as outlined in section 9 of the Environmental Statement is submitted and approved by the Planning Authority, in consultation with SEPA. The CEMP shall incorporate detailed pollution avoidance and mitigation measures for all construction elements potentially capable of giving rise to pollution including issues relating to the construction of the building, impacts on hydrogeology and disposal of contaminated land. Specifically the statement shall address the following and the construction of the development shall be carried out in accordance with the agreed details. How contaminated land will be dealt with; treated and disposed of as necessary 0 Details of how disturbance to groundwater will be minimised, including any de watering proposals Details of the storage of construction fuels, materials, raw materials and by- production 0 Temporary SUDS measures 0 Dust mitigation methods. 0 Vehicle maintenance and refuelling 0 Welfare Facilities 0 Cement and Concrete 0 Contingency Plans 0 Inspections

Reason: To protect the water environment from any damage arising from the construction and operation of this facility.

6. That before any development commences on site, details of a Site Waste Management Plan as outlined in section 9 of the Environmental Statement shall be submitted to and approved by the Planning Authority in consultation with SEPA and implemented thereafter in accordance with the approved details during the construction of the development.

Reason: To ensure best practice is adopted in dealing with waste during the

18 construction phase of the development in accordance with Scottish Government policy.

7. That PRIOR to any works of any description being commenced on the application site, 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. For the avoidance of doubt the drainage scheme must comply with the principles of Sustainable Urban Drainage Systems (SUDS) in terms of the relevant ClRlA Manual and other advice published by the Scottish Environment Protection Agency (SEPA).

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

8. That the SUDS compliant surface water drainage scheme approved in terms of Condition 7 above shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant ClRlA Manual and the approved plans.

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

9. That before any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

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

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

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future employees and visitors to the waste management facility.

11. That any remediation works identified by the site investigation required in terms of Condition 10, 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 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 employees and visitors to the waste management facility.

19 12. That no audible vehicle movement alarms should be sounded in the open air in connection with night time operations of the premises between 23:OO hours and 07:OO hours.

Reason: In the interests of residential amenity and to minimise noise disturbance from the site.

13. That prior to the commencement of development on site details of the noise attenuating bunding to be formed within the loading yard area, shall be submitted to and approved in writing by the Planning Authority. The approved bunds shall thereafter be formed in accordance with the approved details and be in place prior to the importation of waste on site.

Reason: In the interests of residential amenity and to minimise noise disturbance from the site.

14 That unless agreed otherwise in writing by the Planning Authority, the finishing materials for the buildings hereby approved shall be as noted in the ES Figure 3.2 (Proposed Building Elevations).

Reason: To ensure the provision of appropriate finishing materials in the interests of the visual amenity of the buildings.

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

16. That BEFORE the development hereby permitted is operational, all the fences, or walls, as approved under the terms of Condition 15 above, shall be erected.

Reason: In the interests of the visual amenity of the area and security for the site.

17. That BEFORE the facility hereby permitted becomes occupied, all of the associated 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: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out on the highway.

18. That notwithstanding the plans hereby approved or unless otherwise agreed in writing with the Planning Authority, details of the amended access scheme shall be submitted to and approved in writing by the Planning Authority. The amended access scheme shall include:-

Details of a right turn storage bay. Details of a junction visibility splay of 4.5m by 215m on both sides of the access along the B7057 or the maximum achievable. 0 Details of the positioning of the entrance gates. Details of the drainage facility to prevent surface water flowing onto the public road.

The approved scheme shall thereafter be implemented in full.

Reason: In the interests of road safety and to ensure adequate access to the site.

20 19. The before the occupation of the development hereby permitted, details of all external lighting and CCTV for within the site shall be submitted to and approved by the Planning Authority in consultation with the Roads Authority. The design of the lights shall incorporate downward reflectors in accordance with the biodiversity enhancement measures required under the terms of condition 21 below.

Reason: To ensure that there will be no distraction or dazzle to drivers on the 87057 in the interests of road safety at the locus.

20 That prior to the commencement of development on site the measures for protection of wildlife detailed in section 6 of the Environmental Statement shall be fully implemented. These shall include the following mitigation measures:-

Otters

0 The mitigation measures as outlined in sections 6.5.5, 6.5.6 and 6.5.9 of the Environmental Statement. Details of a 15m minimum developmental standoff off implemented from the west bank of the unnamed burn if it is considered to be suitable for Otters.

Badgers

An updated survey for badgers if more than 6 months pass between the date of the initial survey and the start date of the proposed works. 0 Details of a Badger Protection Plan If a badger sett is recorded within 30m of the application site.

Water Voles

A Water Vole habitat suitability assessment. 0 An updated survey for water vole if more than 6 months pass between the date of the initial survey and the start date of the proposed works if a suitable habitat for Water Voles is present.

Nesting Birds

0 A qualified Ecologist checks the site for nesting birds prior to the commencement of the works if to be undertaken during the bird nesting season (March - August inclusive). If active nests are found then mitigation should be proposed, approved in writing by the Planning Authority and implemented in accordance with the approved mitigation scheme. 0 Any Felling works undertaken during the bird nesting season (March - August inclusive) require a qualified Ecologist to check for nesting birds prior to any felling works.

Amphibians

0 All shallow pools within the development footprint shall be infilled prior to the amphibian breeding season.

Great Crested Newts

0 The erection of temporary newt fencing around the development site during the construction phase. The retention of all temporary pools outwith the development footprint.

Reason: In the interests of nature conservation within the site and surrounding area.

21 21. That prior to the commencement of development on site a scheme including measures for biodiversity enhancement detailed in section 6 of the Environmental Statement shall be fully implemented. In addition the scheme shall include:-

* Details for the Creationhetention of open stone areas within the proposed grasslands for ringed plover. The creation of an Otter holt. The planting of Phragmites at the deeper ponds margins. The erection of bird Boxes, including Kestrel Boxes in the woodland edge within the land ownership area. The creation of amphibian hibernacula The appropriate management of Semi-improved grassland

Reason: In the interests of nature conservation within the site and surrounding area.

22. That BEFORE the development hereby permitted starts, a scheme of landscaping incorporating biodiversity enhancement measures and native tree planting shall be submitted to, and approved in writing by the Planning Authority, in consultation with NLC Ecology and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, wild grass seeding and turfing; (b) a scheme of native 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. (e) a management and maintenance scheme for these works

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

23. That all works included in the scheme of landscaping and native tree planting, approved under the terms of condition 22 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 visual amenity of the site, to mitigate adverse effects on views of the development from outlying residential areas and to benefit local biodiversity.

24 That prior to the commencement of development on site, an Ecological Clerk of Works (ECOW) shall be appointed, with the approval of the Planning Authority, all costs associated with the appointment shall be met by the developer. The ECOW shall be present on site during construction and shall oversee the pre-construction pollution prevention measures and measures to minimise the impact on Otters. The ECOW will provide monitoring of the construction at the site until completion of the works and will ensure works are carried out in accordance with all relevant Construction and Environmental Method Statements. The ECOW shall oversee and advise on the resolution of ecological issues, protect on site features, habitats and species, provide on site guidance to the operators and ensure legal compliance with respect to protected species.

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

25. That for the duration of the construction works one or more Site Notices, printed on durable material, shall be displayed in a prominent place at or in the vicinity of the

22 development such that it is readily visible to the public; the Notice must accord with Schedule 7 of the Planning etc (Scotland) Act 2006 and must give details of the approved development, its address, details of the planning permission and information on where further information about the development can be obtained.

Reason To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

26. That unless subject to a further separate planning application to the Council the maximum amount of waste to be imported into the facility shall not exceed 34,000 tons per annum.

Reason: To clarify the details on which this approval of permission is granted.

23 Backaround PaDers:

Representation Letters

Letter from Mrs Anne Fleming, 27 Victoria Road, Harthill, ML75QF received 13th April 201 1 Letter from Mr Adrian Bee, Brownhill Kennels, West Benhar Road, Harthill received 20th April 201 1 Letter from Mr Derek Cefferty, 55 Cunningham Drive, Eastfield, HARTHILL received 17th May 201 1 Letter from William Fisher, 9 Victoria Road, Harthill, Shotts received 5th July 201 1 Letter from Mr Frank Buggy, Harthill Environmental Action Group, C/o 43 West Benhar Road, Harthill received 20th June 201 1 Letter from Mr George Wood, 10, Livingstone Quadrant, Harthill received 13th April 201 1 Letter from Mr Frank Buggy, 43 West Ben Har Road, Harthill, ML7 received 13th June 201 1 Letter from 0 McAvoy, 2 Dewshill Cottages, Near Salsburgh, North Lanarkshire received 17th June 201 1 Letter from Mr George Cefferty, The Windermere, 2 Hob Hill, Stalybridge received 13th April 201 1 Letter from Karen Whitefield, 858 South Bridge Street, Airdrie, ML6 6JH received 21st April 201 1 Letter from todd george todd, 6 hawthorn drive, harthill, shotts received 13th April 201 1 Letter from mr laurence ferguson, 171 shotts road, harthill, shotts received 20th May 201 1 Letter from Mr Scott Corrigan, 7 Sidehead Road, Harthill, North Lanarkshire, ML7 5QH received 13th April 201 1 Letter from Mr Andrew Williamson, 17 Cunningham Drive, Eastfield, ML7 5NY received 3rd August 201 1 Letter from Mr Gareth Jeffrey, 57 Covenanter Road, Eastfield, Harthill received Letter from Mr Kevin Jeffrey, 70 Cunningham Drive, Harthill , Shotts received 3rd August 201 1 Letter from Ms Louise Lewis, 70 Cunningham Drive, Harthill , Shotts received 3rd August 201 1 Letter from L McDonald, 1 Paxstone Drive, Harthill, M17 5RT received 3rd August 201 1 Letter from F Thomson, 19 Baird Terrace, Eastfield , Harthill received 3rd August 201 1 Letter from Ms Mark Jamieson, 35 West Benhar Road, Eastfield, Harthill received 3rd August 201 1 Letter from Mr William Murray, 71 Covenanter Road, Eastfield, Harthill received 3rd August 201 1 Letter from Ms Marion Swan, 85 Covenanter Road, Eastfield, Harthill received 3rd August 2011 Letter from Mr George Clelland, 19 Cunningham Drive, Eastfield, Harthill received 3rd August 201 1 Letter from Ms Maralyn Miller, 42a Victoria Road, Harthill, received 3rd August 201 1 Letter from Ms Nancy Wright, 17 Mains Road, Harthill, Shotts received 3rd August 201 1 Letter from Ms Evelyn Jones, 87 Covenanter Road, Harthill, ML7 5PA received 3rd August 201 1 Letter from Mr Graham Swan, 85 Covenanter Road, Harthill, ML7 5PA received 3rd August 201 1 Letter from Mr Derek Wilson, 22 West Benhar Road, Eastfield, Harthill received 3rd August 201 1 Letter from Mr & Mrs A Smith, 12 Heatherbell Court, Harthill, ML7 5RJ received 3rd August 201 1 Letter from Mr K Wilson, 50 Breslin Terrace, Eastfield, Harthill received 3rd August 201 1 Letter from Robert Hilditch, 14 West Benhar Road, Harthill, received 3rd August 201 1 Letter from C. Ferguson, 83 St Catherines Crescent, Dykehead, Shotts received 8th August 201 1 Letter from Margaret Mitchell MSP, Constituency Office, 104 Cadzow Street, Hamilton received 4th October 201 1 Letter from Mr & Mrs Hilditch, 3A Stewart Grove, Harthill, North Lanarkshire received 3rd August 201 1 Letter from A Mackenzie, 4 Deer Path, Harthill, Shotts received 3rd August 201 1

24 Letter from Agnes Walker, Windyknowe, Stewart Grove, Harthill received 3rd August 201 1 Letter from John D Walker, Windyknowe, Stewart Grove, Harthill received 3rd August 201 1 Letter from L McDade, 4 West Benhar Road, Eastfield, Harthill received 3rd August 201 1 Letter from G McDade, 4 West Benhar Road, Eastfield, Harthill received 3rd August 201 1 Letter from Louise Quinn, 3 Deer Path, Harthill, Shotts received 3rd August 201 1 Letter from Donna Quinn, 38A Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Nanette Quinn, 16 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Robert Quinn, 16 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Karen Corrigan, 7 Sidehead Road, Harthill, Shotts received 3rd August 201 1 Letter from Scott Corrigan, 7 Sidehead Road, Harthill, Shotts received 3rd August 201 1 Letter from Lila Gibson, 1 Sidehead Road, Harthill, Shotts received 3rd August 201 1 Letter from Betty Weir, 10 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Scott Armitage, 8 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Derek Armitage, 8 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Alex Armitage, 8 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 20 1 1 Letter from Anne Gilmore, Old Eastfield Street, Eastfield, Harthill received 3rd August 201 1 Letter from Colin Gilmore, 13 Old Eastfield Street, Harthill, ML7 5NX received 3rd August 201 1 Letter from Scott Gilmore, 13 Old Eastfield Street, Eastfield, Harthill received 3rd August 201 1 Letter from Jim Weir, 10 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Kristin Weir, 10 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Angela Armitage, 8 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Lorna McAllister, 2 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from William McAllister, 2 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Alex Stewart, 35 Cunningham Drive, Eastfield, Harthill received 3rd August 201 1 Letter from Anne Stewart, 35 Cunningham Drive, Eastfield, Harthill received 3rd August 201 1 Letter from R Galloway, 4 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from J Galloway, 4 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Andrew Smith, 12 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Jacqueline Smith, 12 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Shirley Carson, 14 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Leanne Carson, 14 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from David Carson, 14 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Robbie Carson, 14 Heatherbell Court, Harthill, North Lanarkshire received 3rd August 201 1 Letter from Mr Frank Buggy, 43 West Benhar Road, Eastfield, Harthill received 4th August 201 1 Letter from mr thomas fisher, 16 west benhar road, eastfield, harthill received 11th September 201 1 Letter from Shannon Biullie, 12 Reid Street, Salsburgh, Shotts received 8th August 201 1 Letter from Mr William Wylie, 27 West Main Street, Harthill, ML7 5QD received 3rd August 201 1 Letter from Ms Laura Wylie, 27 West Main Street, Harthill, Shotts received 3rd August 201 1 Letter from Fiona Cassidy, 174 Station Road, Shotts, North Lanarkshire received 8th August

25 201 1 Letter from Frances Vance, 17 Hill Road, Harthill, Shotts received 8th August 201 1 Letter from Raymond Vance, 17 Hill Road, Harthill, Shotts received 8th August 201 1 Letter from Jean Bissett, 143 Herbison Crescent, Torbothie, Shotts received 8th August 201 1 Letter from Yvonne Parish, 34 Baird Terrace, Eastfield, Harthill received 8th August 2011 Letter from J B Paterson, 1 Pipers Court, Shotts, North Lanarkshire received 8th August 201 1 Letter from Andrew Allan, 11 Currieside Place, Shotts, North Lanarkshire received 8th August 201 1 Letter from Mary Watson, 40 Murdostoun Crescent, Harthill, Shotts received 8th August 201 1 Letter from David Jamieson, 73 Covenanter Road, Eastfield, Harthill received 8th August 201 1 Letter from Carol Allan, 67 Polkemmet Drive, Greenrigg, Harthill received 8th August 201 1 Letter from Pamela Nash MP, Airdrie And Shotts Constituency, 100 Stirling Street, Airdrie received 15th August 201 1 Letter from Mr David McKee, 17 Dunn Terrace, Harthill, Shotts received 8th August 201 1 Letter from Mr D McKee, 17 Dunn Terrace, Harthill, Shotts received 8th August 201 1 Letter from Mr Gary McKee, 18 Miller Street, Harthill, Shotts received 8th August 201 1 Letter from Caroline Close, 18 Miller Street, Harthill, Shotts received 8th August 201 1 Letter from Tom Rennie, 10 Mollison Avenue, Harthill, Shotts received 8th August 201 1 Letter from Lorraine Rennie, 10 Mollison Avenue, Harthill, Shotts received 8th August 201 1 Letter from Councillor Charles Cefferty, Member Services, Civic Centre, Motherwell received 23rd February 201 1 Letter from Councillor Jim Robertson, Member Services , Civic Centre , Motherwell received 18th April 201 1 Letter from Shotts Community Council, C/o Councillor Cefferty, , received 3rd August 201 1 Letter from Dave Barran, 45 West Benhar Road, Harthill, ML7 5PG received 3rd August 201 1 Letter from Natalie McKee, 174 Station Road, Shotts, ML7 4AW received 9th June 201 1 Letter from Ms Elizabeth Wylie, 27 West Main Street, Harthill, ML7 5QD received 3rd August 201 1 Letter from Mr Kenny Thomson, 29 West Main Street, Harthill, ML7 5QD received 3rd August 201 1 Letter from Ms Janice Thomson, 19 Baird Terrace, Eastfield, Harthill received 3rd August 201 1 Letter from Ms Claire Thomson, 29 West Main Street, Harthill, ML7 5QD received 3rd August 2011 Letter from Lindsay Burt, 31 West Main Street, Harthill, ML7 5QD received 3rd August 201 1 Letter from Ms Claire Jamieson, 8 Almond Terrace, Eastfield, Harthill received 3rd August 201 1 Letter from Mr Graham Jamieson, 1 Baird Terrace, Eastfield , Harthill received 3rd August 201 1 Letter from Ms Margaret Jamieson, 1 Baird Terrace, Eastfield, Harthill received 3rd August 201 1 Letter from Mr Fraser Perry, 8 Almond Terrace, Harthill, ML7 5NS received 3rd August 201 1 Letter from Ms Linda Jamieson, 73 Covenanter Road, Eastfield, Harthill received 3rd August 201 1 Letter from Mr Michael McPake, 56 Carvale Avenue, Salsburgh, ML7 4NQ received 3rd August 201 1 Letter from Ms Marie McPake, 56 Carvale Avenue, Salsburgh, ML7 4NQ received 3rd August 201 1 Letter from Mr George Mckee, 83 West Main Street, Harthill, ML7 5PU received 3rd August 201 1 Letter from Ms Sharon Williamson, 17 Cunningham Drive, Eastfield, ML7 5NY received 3rd August 201 1 Letter from Ms lrene Jeffrey, 57 Coveneter Road, Eastfield , Harthill received Letter from Ms Michelle Wightman, 69 Cunningham Drive, Harthill, M17 5NY received 3rd August 201 1 Letter from Ms Elizabeth Fisher, 16 West Benhar Road, Harthill, ML7 5PB received 3rd August 201 1 Letter from Mr Scott Fleming, 27 Victoria Road, Harthill, ML7 5QF received 3rd August 201 1 Letter from Mr Eric Fleming, 27 Victoria Road, Harthill, Shotts received 3rd August 201 1

26 Letter from Ms Anne Fleming, 27 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Ms Shona Brown, 13 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Ms Ann Brown, 13 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Ms lsabelle Fisher, 9 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Mr David McMullan, 27 Liviston Crescent, Eastfield , Harthill received 3rd August 201 1 Letter from Miss Sally McCormick, 10 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Mr John Mcmullan, 12 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Gardner Brown, 13 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Jean Mcmullan, 12 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Ursula McMullan, 27 Livingston Quadrant, Harthill, received 3rd August 201 1 Letter from John McMullan, 12 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Robert Swan, 15 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Barbara Graham, 1 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from Marvyn Swan, 15 Victoria Road, Harthill, Shotts received 3rd August 201 1 Letter from L Scott, 5 Bank Road, Harthill, Shotts received 3rd August 201 1 Letter from Ms Kerri-ann Guest, 87 Edinburgh Road, Harthill, received 4th August 201 1 Letter from Amy Swan, Windyknowe, Stewart Grove, Harthill received 4th August 201 1 Letter from Lynsey Carson, 21 Dunn Terrace, Harthill, Shotts received 4th August 201 1 Letter from Robert & Agnes Marshall, 37 West Main Street, Harthill, Shotts received 4th August 201 1 Letter from Sharon Kerr, 56 Westcraigs Road, Harthill, Shotts received 4th August 201 1 Letter from C Brown, 25 Edinburgh Road, Eastfield, Harthill received 4th August 201 1 Letter from A Cefferty, 19 Breslin Terrace, Eastfield, Harthill received 4th August 201 1 Letter from Laura Grieve, 40 lnverkip Drive, Dykehead, Shotts received 4th August 201 1 Letter from James Buggy, 55 Covenanter Road, Eastfield, Harthill received 4th August 201 1 Letter from Samantha Buggy, 55 Covenanter Road, Eastfield, Harthill received 4th August 201 1 Letter from J Miller, 77 Covenanter Road, Eastfield, Harthill received 4th August 201 1 Letter from M MacKay, 1 West Main Street, Harthill, Shotts received 4th August 201 1 Letter from Vivien Cameron, 25 Victoria Street, Harthill, Shotts received 4th August 201 1 Letter from KerryAnne Furnecwx, 27 Victoria Street, Harthill, Shotts received 4th August 201 1 Letter from Karen Burt, 31 West Main Street, Harthill, Shotts received 4th August 201 1 Letter from Robert Steel, 41 West Benhar Road, Eastfield, Harthill received 3rd August 201 1 Letter from Linda Steel, 41 West Benhar Road, Eastfield, Harthill received 3rd August 201 1 Letter from Owner Occupier, 41 West Benhar Road, Eastfield, Harthill received 3rd August 201 1 Letter from P Buggy, West Benhar Road, Harthill, ML7 5PG received 3rd August 201 1 Letter from M Barron, 45 West Benhar Road, Eastfield, Harthill received 3rd August 201 I Letter from E Buggy, 43 West Benhar Road, Eastfield, Harthill received 3rd August 201 1 Letter from Darren Robinson, 40 lnverkip Drive, Dykehead, Shotts received 3rd August 201 1 Letter from Sandra Stephenson, 14 King Street, Dykehead, Shotts received 8th August 201 1 Letter from Susan McCulloch, 25 Victoria Road, Harthill, M17 5QF received 3rd August 201 1 Letter from G McDonald, 5 Hawthorn Drive, Harthill, Shotts received 3rd August 201 1 Letter from T Borthwick, 3 Minthill Place, Eastfield, Harthill received 3rd August 201 1 Letter from John Brodie, 16 Hill Road, Harthill, Shotts received 3rd August 201 1 Letter from George Steel, 6 Livingston Quadrant, Harthill, ML7 5PJ received 3rd August 201 1 Letter from Mrs S Borthwick, 3 Minthill Place, Eastfield, Harthill received 3rd August 201 1 Letter from John McCulloch, 25 Victoria Road, Harthill, ML7 5QF received 3rd August 201 1 Letter from Mr James Tait, Brownhill Farm, West benhar road, Harthill received 6th March 201 1 Letter from Margaret Mitchell MSP, Constituency Office, 104 Cadzow St, Hamilton, ML3 6HP Letter from Ms Alison Bryce, 16 Regal Grove, Shotts, ML7 4PD

27 Consultation Responses:

Transportation (Southern) received 24Ih August 201 1 Greenspace received 22ndFebruary 201 1 Environmental Health (including Pollution Control) received 13'h April, 21 st April and 21'' June 201 1 West Lothian Council received lothMarch and 1 lthMay 201 1 Scottish Environment Protection Agency received 25'h March and 14'h July 201 1 Scottish Natural Heritage received 2gthMarch, 22ndand 26'h August 201 1 Scottish Water received 13thFebruary 201 1 Central Scotland Forest Trust received 1dh February 201 1 Historic Scotland received 15'h February 201 1 Scottish Gas Network received 17'h February 201 1 Scottish Government received 16th February and 1" March 201 1 Salsbugh Community Council received 17'h June 201 1 Councillor Charles Cefferty received 24thFebruary 201 1 Councillor James Robertson (Depute Provost) e-mail received 1gth April 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 236 632496

Report Date:

23rd August 201 1

28 APPLICATION NO. 11/001221FUL

REPORT

1. Site Description

1.1 The application site and wider land ownership area comprises the former Easter Baton opencast site, to the east of Shotts Road (87057) and north of West Benhar Road (B717). The application site has no nature conservation designations but sits adjacent to Hassockrigg and North Shotts Mosses Sites of Special Scientific Interest (SSSI), with North Shotts Moss also a Special Area of Conservation. The site is comprised of marshy grassland with a number of small ponds existing throughout the site and one large pond to the north west of the site. A small watercourse runs along the western edge of the site while the river Almond runs along the eastern edge of the site. Conifer and mixed plantation screen woodland is located around the periphery of the site and predominantly along the western edge. The site also includes a large concrete pad which was the yard Area previously used in conjunction with the site’s previous use for opencast coal extraction. The application site measures approximately 2.7 ha within the overall 13.93 ha land ownership boundary. The nearest settlements are Eastfield, approximately 1 Skm to the north-east, with Harthill beyond, and Shotts 1.5km to the south-west. The site is bounded to the north-west, north-east and south-west by conifer plantation, to the west by Shotts Road and to the north, south and east by agricultural land, with an additional plantation further to the south. The intervening topography including the existing colliery bing and vegetation is such that the site is unlikely to be visible from the nearest settlements of Shotts, Eastfield and Salsburgh and any views that may be experienced would not be significant. The nearest residential properties are located at 120 and 122 Shotts Road approximately 150m northwest of the site, Easter Hassockrigg sits 270m north of the site, Brownhill Farm 300m southeast and Wester Hassockrigg 370m northwest of the site.

2.

2.1 Planning permission is sought for the erection of a clinical waste treatment facility with the capacity to treat a total volume of 34,000 tons per annum (tpa). The proposed relocation of the facility currently operating within Shotts would provide a custom built facility with the only additional process being the Advanced Thermal Treatment (ATT). The principal building of the proposed waste facility would be 12.2 metres at its highest point with one external 16m stack associated with the ATT process located to the rear of the building and one 16m stack associated with the autoclaves/boiler, located within the building. The main building incorporates a main warehouse style portal frame with adjoining Vehicle Maintenance Unit (VMU) with a total building footprint of 4,468 m2 and canopy located on the north-eastern side of the building. The building incorporates a standing seam curved roof and walls clad with horizontally laid, semi circular profiled, Telegrey coloured cladding panels. The proposed offices and VMU which protrude from the main building are to be lower in height and constructed in horizontally laid, flat wall white aluminium cladding panels. The office section of the building incorporates a flat roof, setting it apart and highlighting it from the main unit and adds additional detailing whilst breaking up the mass of the proposed building. The building would be accessed by a dedicated access road off the main 87057 Shotts Road and would be serviced by a main yard and parking area adjacent to the building. In addition the proposals include a gatehouse/transport office adjacent to the weighbridge, vehicle fuelling island, vehicle wash facility and two hot char container tanks associated with the proposed ATT process. A 2.4m high palisade perimeter fence would enclose the entire facility within the planning application boundary. The proposals also include additional woodland, hedgerow and willow planting at the north, east and south of the land ownership boundary, additional biodiversity enhancement and hedgerows along the access road

29 to provide ecological benefit and a measure of additional screening of the development from the surrounding area.

2.2 The proposed facility would carry out the following activities to treat the waste streams received; the shredding of waste paper into bales for transportation off site for recycling; non hazardous wastes would be shredded pending storage and/or treatment via the autoclave (process used to sterilise waste using high pressure steam); clinical waste treated by means of autoclave to render it harmless for transfer to landfill for disposal; clinical waste treated by means of advanced thermal treatment (the high temperature combustion of waste in the absence of oxygen which destroys and reduces the volume of clinical waste); anatomical wastes would be accepted and stored in the refrigerated unit within the warehouse building pending treatment or transfer elsewhere; pharmaceutical wastes would be accepted and stored in the secure compound pending transfer for off-site disposal; the decanting of full discharged sharps from Healthcare Sharp containers into wheeled bindbulk containers for treatment in the warehouse building via the autoclaves; the compaction of waste pending transfer elsewhere; the washing and re-use of Healthcare Sharps containers; the decanting of pharmaceutical wastes to allow the re-use of containers and the washing of vehicles within the external yard area. All wastes will be stored on hardstanding within the warehouse building in capped/lidded containers with all lids, caps and valves secured in place. The steam for the autoclave process will be supplied from the waste heat generated during the ATT process and from a backup boiler when the ATT is not operational.

2.3 The existing facility currently operating from Centrelink 5 (former Shotts Cummins Factory) has a Pollution Prevention and Control (PPC) license from SEPA to handle 34,000 tpa of clinical waste. HES previously examined the feasibility of modifying the existing building to incorporate the ATT process at its current location. The existing constraints of the site including; the building’s status as A-Listed, the current disrepair of the adjacent units and uncertainty over the long term viability of the site coupled with the companies wish to secure its long term future resulted in HES seeking an alternate site that would be owned and controlled by HES. As part of the site selection process HES undertook an extensive site search of all potential sites above 1.4ha to establish if the proposed development could be accommodated on any existing or promoted general industrial site. The search for alternate sites proved unsuccessful for a variety of reasons which included; Eurocentral declining to offer HES any sites; proximity to housing areas; transportation and access issues and site infrastructure costs. Healthcare Environmental Scotland HES Ltd currently services 95% of the clinical/healthcare waste management contracts in Scotland. It is currently contracted with the NHS in Scotland for the two largest contracts of this type, namely the Greater Glasgow Health Board and the Pan-Scotland Health Board Contract. HES Ltd currently provides the main treatment options for clinical waste within Scotland, mainly based on autoclaving. In respect of treatment options for the wastes which require incineration type treatment (i.e. the high infectious wastes) at present there are no facilities in Scotland and transports this portion of the waste stream (under the PPC Permit at its existing facility) is transported for incineration in England.

2.4 The design and scale of the proposed building allows for all required waste treatment and processing plant to be housed internally, including for the potential future expansion of the ATT process up to the maximum processing capacity of 10,000 tpa. Adequate storage of associated items is provided in allocated areas within the building and secure storage areas have been provided where necessary. The staff facilities are split between office staff and warehouse operations staff to allow an efficient working environment.

2.5 Traffic associated with the proposed development (both construction and operational) will access the site from the main B7057 Shotts Road, then follow a new dedicated internal access road into the proposed facility. The facility has been designed to accommodate 71 parking spaces for operations and office staff; and 18 loading bays

30 to accommodate the main operational vehicles (ranging from HGVs to vans). The proposed parking and loading bays are located on the northern and eastern boundaries of the building respectively.

2.6 The facility would employ approximately 121 staff comprising operating shift staff, maintenance employees, weighbridge operators, clerical and administrative staff and plant maintenance staff. All of the existing operational workforce (90 staff) would transfer directly from the current facility. It is anticipated that the introduction of ATT plant would also create up to 31 new full time equivalent jobs. Operational hours would be 24 hours per day, seven days per week, although transport operations would be limited during the eveninghight period and on Sundays.

2.7 External safety and security lighting will be provided around the perimeter of the building. The perimeter fence will not be illuminated except at the site entrance. Further security would be provided by means of a CCTV monitoring system and the presence of security guards if required.

3. Aimlicant's Sumortina Information

3.1 An Environmental Statement, Pre-Application Consultation Report, Planning Statement, Design and Access Statement and Supplementary Environmental Information in response to both SNH and SEPA consultation responses. The submitted Environmental Statement and Supplementary Environmental Information that accompanies this application include assessments on the following topics: planning policy; landscape and visual assessment; ecology and nature conservation; air quality; noise and vibration; hydrology and drainage design; land contamination and hydrogeology; cultural heritage and archaeology; transportation and traffic and socio economic assessment.

4. Site History

4.1 The application site has been subject to planning permission for open cast coal mining covered by four planning permissions M/4/89, M/4/91, M/4/92 and M/4/93 and an application S/96/00380 for continued use of a yard area for a temporary period for the purpose of importing, processing and marketing of coal products.

4.2 The application site and wider ownership boundary operated from the late 1980's to the mid to late 1990's as an opencast coal site and latterly as a facility to import, process, and market coal products. Following the cessation of opencast working the site was restored in a phased manner, however notwithstanding this phased restoration the area principally surrounding the yard area and directly to the south was never fully restored. The Council sought agreement with the previous operator for the submission and implementation of an agreed restoration scheme to complete restoration of the site. The operator submitted a scheme including the retention of the concrete pad (yard area), under instruction from the previous landowner, which the Council considered unacceptable given its failure to include the removal of this area. A restoration scheme for this area has thus far failed to be agreed, however a bond for the sum of f50,000 is in place for the Council to call upon and complete the restoration of the site if required.

5. DeveloDment Plan

5.1 The site is covered by Policy ENV8 (Rural Investment Areas) in the Southern Area Local Plan 2008.

5.2 The application site is zoned as NBE 3B Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009.

31 6. Consultations

6.1 The following consultees have no objection to the proposed development:.

Scottish Water Historic Scotland Scottish Gas Scottish Government West Lothian Council Rathmell Archaeology

6.2 Transportation have no objections subject to conditions that the access across from the proposed application access is removed or relocated to establish a staggered junction and the provision of a right turn storage bay for vehicle manoeuvres into the site. In addition a junction visibility splay of 4.5m by 215m should be achieved and maintained from the access along the B7057 in both directions. The proposed new access road should be fully paved and a drainage facility provided to prevent surface water flowing onto the public road. Any gates associated with the development should be located a minimum of 20m from the public road.

6.3 Greenspace comment that the site itself has no nature conservation designations, however, there are two European and Nationally designated sites in the nearby area. Hassockrigg and North Shotts Mosses which are both sites of Special Scientific Interest with North Shotts Moss also a Special Area of Conservation. Greenspace accept the findings of the EIA and wish to be further consulted regarding the landscape plan and ecological enhancements for the wider site. In addition they comment that they are happy with the mitigation proposed for air quality and pollution control and wish to see additional planting and biodiversity enhancement to improve the wider site.

6.3 Protective services have no objections to the proposed development subject to conditions relating to the submission of a Phase II Site Investigation report, the steam vent flue location and operation, limitation of vehicle movement alarms during night time operations and the creation of noise attenuating bunding in sensitive locations within the site.

6.4 Scottish Environmental Protection Agency has offered no objections to the proposed development subject to conditions requiring the submission of a construction environmental management plan and an environmental management plan. SEPA however still consider that insufficient information has been submitted to demonstrate that there will be no significant effect on the adjacent North Shotts Moss SAC and / or the Hassockrigg SSSI. SEPA are satisfied however that these concerns can be assessed further at PPC consent stage. In line with this and in order to clarify the potential impact on surrounding habitats, SEPA recommend that prior to determining the application, the Planning Authority (as competent authority), in consultation with Scottish Natural Heritage, undertake an Appropriate Assessment of the implications for the site’s conservation objectives. The proposed development will require authorisation from SEPA under PPC legislation and SEPA would be unable to grant a PPC Permit unless it had been demonstrated beyond all reasonable scientific doubt that the proposed plant would not have a significant effect on the qualifying features of any Natura sites.

6.5 Scottish Natural Heritage comment that the proposal raises natural heritage issues of national interest due to the potential impacts of deposition of emissions from the proposal on the raised bog features of North Shotts Moss SAC and Hassockrigg and North Shotts Mosses SSSI. In terms of the original submission SNH previously objected on the basis of lack of information had indicated that an Appropriate Assessment would also be required given the likely impact on the North Shotts Moss Special Area of Conservation (SAC). The requested additional information was

32 subsequently submitted by the applicant and SNH altered its position that it did not object to the proposals provided that the Council make clear by condition or appropriately worded advisory note that the facilities process contribution to total acidic deposition over the SSSl shall not exceed 10% of the critical load. SNH also carried out an appraisal of the submitted additional information in the form of an Appropriate Assessment which they indicated could be adopted by the Council. This therefore forms the basis of the Council’s Appropriate Assessment of the impact on the SAC. SNH also comment that there would be benefit in including detailed monitoring of the impacts of emissions on the SAC and SSSl as part of any conditions/legal agreements for the development. In addition SNH recommend a condition on updated ecological surveys if 6 months have elapsed from the initial survey to determination of the application and the inclusion of an additional water vole survey. Furthermore SNH recommend that should works be undertaken during the bird nesting season checks for nesting birds and if necessary mitigation put in place. Felling works should be undertaken outwith the nesting season or if not possible then a suitably qualified ecologist should be employed to check for the presence of nesting birds prior to felling.

6.6 Central Scotland Forest Trust comment that the development appears to have been handled sensitively and thoroughly in terms of the landscape and ecological impact. The suggest that the applicant should consider the use of a higher proportion of Alder to replace the Beech which is not a native tree and the use of Downy Birch in place of the proposed Silver Birch.

6.7 Salsburgh Community Council has objected to the proposed development on the grounds that the proposals are contrary to the Development Plan, Scottish Planning Policy (SPP), National Planning Framework 2 (NPF2), The Zero Waste Plan (ZWP), Planning Advice Note 63 (PAN 63) and wider Scottish Government policy and advice as well as EU Directives and European Environmental Policy. In particular they highlight concerns regarding;

The amount of waste proposed to be treated within the facility. The lack of need for the new facility and the failure of the ES to suitably justify the proposed development in terms of the development plan and wider policy context. The impact of the development on the amenity of the surrounding residents in terms of pollution, air quality, odour and noise. The ecological impact of the proposed development on the adjacent SSSl’s and SAC as well as wildlife within the site and potential for deposition of emissions on these protected sites. The safety of the processes involved in autoclaves and ATT and the potential for adverse impact on public safety including potential for asphyxiation or explosion due to mine gases. The suitability of the development in terms of the proximity principle and the minimisation of unnecessary travel. Failure of the ES to suitably address the cumulative impact of the proposed development in terms of air quality and its impact on the air quality management area (AQMA) at Harthill and wider settlements. The impact of traffic of and its effect in terms of emissions, damage to the public road, noise and disturbance and road safety. Concern that the pre-application consultation with the community and public exhibition was substandard given the nature of the proposed development. The failure of the proposed development to comply with NPF2 in terms of its locational criteria. The failure of the proposals to comply with SPP and PAN 63 in terms of accessibility to the site and reduction on the dependency of the private car and minimisation of traffic The failure to meet the requirements of SPP in terms of the recommended 250m buffer to residential properties for such facilities.

33 7. Representations

7.1 Following the standard neighbour notification process and newspaper advertisement, 162 letters of representation have been received. The representations include one from the Depute Provost Councillor James Robertson regarding potential for emissions from the facility, and one from Councillor Charles Cefferty regarding potential adverse impacts on health, noise disturbance, impact on the general amenity of the area and transportation issues. Margaret Mitchell MSP has submitted a representation which includes concerns regarding the adverse impact on wildlife and ecology, the unsuitability of the site given its rural designation. In addition concerns regarding the impact on air quality and odours given previous complaints to SEPA regarding the existing facility, potential for contamination of the River Almond and the failure of the applicants to adequately engage with the surrounding community in terms of the pre-application consultation process. The former MSP Karen Whitefield submitted a representation indicating reservations regarding the proposed pyrolysis facility and the potential health risks associated with the operation of the new facility. The representations received from the wider community include two petitions with a total of 1137 signatures objecting to the proposed clinical waste facility. The reasons for objection are outlined below:-

Planning Policy Emissions - air pollution and odours (13 Complaints to SEPA regarding the existing facility cited) Noise Transportation Pollution of watercourses. Wildlife, Ecology and the SSSl’s and SAC Proximity of the facility to the local community. Potential contamination of farmland and the food chain. The storage and handling of radioactive materials. Failure to fully restore the site. Visual impact Failures of the pre-application consultation Detrimental impact on surrounding property values

8 Planninu Assessment

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

8.2 In terms of the Structure Plan and in particular Strategic Policy 9 (Schedule 9) the scale of development that is likely to be significant is identified as waste management developments exceeding 1Oha or general industry (class 5) exceeding 5ha outwith existing sites zoned for industry, business or distribution. The proposed application site boundary covers an area of 2.7ha with the proposed building footprint of approximately 4,500m2. The proposals are therefore not of strategic significance and do not require to be assessed against the Structure plan. The application still requires to be assessed under the terms of the adopted Southern Area Local Plan 2008.

Southern Area Local Plan 2008

8.3 The site is identified as Policy ENV8 (Rural Investment Areas) in the Southern Area Local Plan 2008. Policies MINI1 (Proposals for Waste Disposal Facilities); ENV 1 (The Environment); ENV 4 (Contaminated Land); ENV5 (Assessment of Environmental Impact); ENV9 (Flooding); ENV13 (Biodiversity); ENV14 (Nature

34 Conservation); ENV21 (Archaeology) and TRI 3 (Assessing the Transportation Implications of Development) are also relevant to the assessment of this application.

8.4 Policy ENV 8 sets out that the Council will seek to promote and protect the Countryside and will not normally permit development other than that which relates to agriculture, forestry, the generation of power from renewable energy sources, outdoor leisure and recreation, telecommunications or other appropriate rural uses. The proposals are therefore considered contrary to policy ENV 8.

8.5 Policy MIN 11 sets out that proposals for waste disposal facilities will be assessed against the following criteria; convenience to waste producers; the impact on visual amenity; the impact on local residents, due to noise, odours and other disturbance; the impact on traffic and highway safety; the requirement for landfilling the by products of any processing and the impact on the natural and built environment. The impact criteria are discussed in more detail in paragraphs 8.6 to 8.12 below, however in summary, with respect to the convenience to waste producers it should be noted that the waste to be managed is of a specialist nature that is generated in relatively small quantities over a very broad area, The proposed development will by necessity serve a wider area than that covered in the local plan in order to be economically viable. Its convenience to waste producers is therefore considered acceptable in this instance. The submitted ES is Considered to adequately cover the impact of the development in terms of visual amenity, noise, odours, transportation issues and other disturbance. Furthermore it should also be recognised that the proposal is for the relocation of an existing facility which currently operates within North Lanarkshire albeit that the new facility will include the addition process of the Advanced Thermal Treatment. Furthermore its relocation is considered the best option for the operator given the constraints of maintaining and refurbishing the existing A Listed facility. The environmental impacts of the proposed development are discussed in paragraph 8.6 to 8.1 1 below and are considered acceptable. The proposed development is therefore considered to accord with policy MIN 1 i.

8.6 Policy ENV 1 supports sustainable development by seeking to maintain and enhance the quality of the environment of the plan area through promoting the long term environmental interest and reducing, where possible, the damaging effects of development on this long term interest. The proposed development would create new areas of woodland, hedgerows, meadow and wetland in addition to conditions which require further biodiversity enhancement of the site that would provide enhancement of the existing countryside environment, improve landscape aesthetics and provide increased biodiversity and nature conservation value. In addition the development is located on previously developed land for an opencast coal site that has not completed restoration (see paragraph 4.2 above), Having consulted the Council’s Greenspace section they are satisfied that the wider improvements proposed by the applicant sufficiently offset any negative impact of the construction of the proposed facility and have recommended further habitat enhancements to be included in the scheme of works proposed by the applicant on the wider site. Having consulted both SNH and Greenspace they have no objection to the proposed development subject to the imposition of suitable conditions and advisory notes. On balance, the proposed development is therefore considered to accord with policy ENV 1.

8.7 Policy ENV4 (Contaminated Land) requires developers to investigate the conditions of contaminated land prior to development and to detail remedial action to be undertaken. The proposed development is located on a former opencast coal site and consequently the land may potentially be contaminated. Chapter 10: Land Contamination and Hydrology of the ES details the existing baseline conditions at the site (a Phase I Desktop Study) and assesses the potential future risks to the proposed development from land contamination. The assessment concludes that potential risks can be mitigated through the implementation of construction management practices and the proposed engineering design principles. Having consulted the councils Protective Services section they are satisfied with the content of the ES and have no objections subject to the submission of a phase II site

35 investigate report and approval of any remediation works if required. The proposals are therefore considered to accord with policy ENV 4.

8.8 Policy ENV5 (Assessment of Environmental Impact) sets criteria for assessing the environmental impact of proposed development. These include; suitability of the proposal to the character of the area in which it is set; the landscape and visual impact of the proposal; the extent of traffic generation, noise, dust, pollution and flooding risk; the loss of natural habitats and protected species; the extent to which derelict land is regenerated; and the need for specific measures to ensure satisfactory restoration of the site. Having assessed the proposals and the submitted Environmental Statement and in view of the consultation responses detailed above, it is considered that:-

b The proposed development can be accommodated within the site although not a typical design or scale of building to be found in the rural area. The assessment of the visual effects in the Environmental Statement concludes that from Easter Hassockrigg and Brownhill Farm direct views of the proposed development may be experienced, albeit that the significance of this visual impact would be no worse than moderate to minor and would therefore not be significant. The proposed landscaping scheme incorporates an area of woodland planting to the north of the proposed development to screen the direct views, albeit that the proposed planting would take several years to become established. Views from the other residential properties in the vicinity of the site towards the proposed development would be screened by the existing intervening vegetation. Given the distance to the site, the intervening topography (including the existing colliery bing) and vegetation, the landscape and visual assessment concludes that proposed development is unlikely to be visible from the nearest settlements of Shotts, Eastfield and Salsburgh and any views that may be experienced would not be significant. b The visual impact of the proposed development on the 67057 Shotts Road, the 8717 West Benhar Road, the 87076 and other local roads in the vicinity of the site are also assessed in the landscape and visual assessment. It concludes that although potential views may be experienced from the 87057 and the B717, these views would be intermittent and of short duration only and will therefore not be significant. b The extent of traffic generation is considered in more detail in paragraph 8.12 below, however having consulted Transportation it is considered that the proposed development can be accommodated at this location without detriment to the wider area. b Having consulted both SEPA and Pollution Control it is noted that the ES and supplementary information has satisfactorily addressed the noise and dust and pollution issues affecting the site. In terms of flood risk SEPA have offered no objections to the proposed development and drainage matters are covered by recommended conditions. In terms of the loss of natural habitats and protected species these issues are considered in more detail in paragraph 8.10 below. The impact of the proposed development and the proposed mitigation measures outlined in the ES and additional supporting documents in conjunction with the proposed habitat enhancement are considered to adequately address these issues.

Therefore having considered the above criteria it is considered that the proposed development accords with policy ENV 5.

8.9 Policy ENV9 (Flooding) indicates that where development is proposed in areas with a history of, or potential for flooding, the Council will require a statement from the applicant showing measures to ameliorate the potential effects of flooding at the site or elsewhere as a result of the development. The submitted Environmental Statement has adequately covered all drainage and flooding matters and concludes that the site is not recognised as having a history of flooding or as being at risk of flooding. The

36 proposed development is designed to manage surface water runoff , thereby reducing the potential for flooding elsewhere. Having consulted SEPA they have offered no objections to the proposed development. The application is therefore considered to accord with policy ENV9.

8.10 Policy ENV13 seeks to maintain and enhance the nature resources of the plan area by the protection of habitats, species and natural features which are vulnerable and/or specifically protected, and by a requirement to take account of the needs of wildlife where new development is proposed. Greenspace and SNH have indicated no objections to the proposed development. Having assessed the proposals and the submitted ES it is considered that the proposed development will have no significant impact on any species located on or adjacent to the site and conditions are recommended to further minimise the effects of the development on indigenous species at the site. In addition it is also considered that the wider landscape, biodiversity and habitat improvements proposed by the applicant will help to offset any negative effect that the construction and operation of the facility will have on the wider site. The proposals are therefore considered to accord with policy ENV13.

8.11 Policy ENV21 indicates that the Council will not normally allow development which would have an adverse impact on archaeological sites and industrial archaeological resources and their setting. The Council’s archaeological advisors had no objections to the proposed development as the site has only a IOWpotential for the presence of archaeological remains. The application therefore accords with policy ENV21.

8.12 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated; the impact of the development on road traffic circulation and road safety; and provisions made for access, parking and vehicle manoeuvring. The ES concludes that the level of traffic generated from the new facility would result in a reduction of traffic flows along the adjacent highway network in comparison to the existing traffic flows. In terms of the level of traffic generated; road traffic circulation and road safety the ES concludes that the proposed development is acceptable and will not in any significant detrimental effect. The proposed development incorporates sufficient provision for access; parking and vehicle manoeuvring and Transportation have no objections to the proposed development subject to conditions regarding the proposed access. The proposals are therefore considered to be in accordance with policy TR13.

8.13 In terms of the wider policies of the SALP including MIN 11, ENV 1, 4, 5, 9, 13, and 21 and TR 13 it is concluded that the application is acceptable in terms of waste policy, environmental impact and other considerations such as transportation and flooding. It is acknowledged, however, that due to the location of the site within the Rural Investment Area that the application is technically contrary to the primary policy zoning. The planning system does however allow for other material considerations to be taken into account.

Other Material Considerations

8.14 The principal other material considerations relevant in determining a planning view of the proposed development are discussed below. The material considerations include the Finalised Draft North Lanarkshire local Plan, national planning policy and advice and guidance, namely the National Planning Framework 2 (NPF2), The Zero Waste Plan (ZWP), Scottish Planning Policy (SPP) and advice set out in Planning Advice Notes 63 (PAN 63).

Finalised Draft North Lanarkshire Local Plan

8.15 Policy NBE 3: Assessing Development in the Green Belt and Rural Investment Area provides that the Council will protect the character and promote development in the Rural Investment Area through restricting development to acceptable types and operating assessment criteria. The relevant acceptable types of development in the

37 Rural Investment Area include business, industry or tourism up to 1,000m2 gross floorspace demonstrating economic benefit. In addition proposals are required to demonstrate that they minimise any adverse environmental impacts, do not pose undue infrastructure implications, have a specific locational need, be of a suitable scale and form for the location and include high quality landscape enhancement of the site. Having assessed the proposals and the submitted Environmental Statement and in view of the consultation responses detailed above, it is considered that:-

The proposed development is contrary to the criteria limiting acceptable development to business and industry up to 1,000m2 as the proposals are for a waste management facility with a footprint of 4,468m2. The proposed development does however demonstrate economic benefit in that it will secure the existing employment of the current workforce and the provision of an additional 31 jobs whilst securing these posts within the North Lanarkshire area for a significant period of time. The submitted ES as outlined in paragraph 8.8 above has demonstrated that the proposed development will not cause any significant negative environmental impacts. Having examined the ES and consulted Transportation it is considered that the proposed development does not pose any undue infrastructure implications and can be accommodated at the proposed site without detriment to the surrounding area. b In terms of locational need it is accepted that the proposed development does not meet the Council’s locational criteria for waste management facilities which seeks to locate with established industrial and business areas or on sites forming part of the land supply for industry and business. The ES concludes that having examined all the alternative industrial areas allocated within the development plan area none were considered suitable for the proposed development, with a key factor being the potential for adversely affecting amenity both actual and perceived. In addition given the specialist nature of the waste stream and the perception of harm associated with clinical waste, in this instance the proposed siting in the rural area was considered an appropriate alternative to an industrial zoned or brownfield location. In terms of the proximity to waste producers it is accepted that the waste to be managed is of a specialist nature that is generated in relatively small quantities over a very broad area. The access to the site is good and the site is located in close proximity to the primary road network and does not lie in close proximity to sensitive receptors, including residential areas. In addition the submitted ES as outlined in paragraph 8.12 above has demonstrated that the proposed development will not cause any significant negative transportation impacts. b The ES confirms that the site is well screened from public view, the applicant has offered to incorporate additional screen planting to limit any existing views and a scheme of landscape and habitat enhancement for the wider area surrounding the application site.

Although exceeding the threshold for business and industry, a case for the location can be justified and the remainder of the policy requirements are met.

8.16 The FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Having assessed the proposals and the submitted Environmental Statement and in view of the consultation responses detailed above, it is considered that:-

In terms of policy DSP 1 and DSP 2 it is considered that the amount, location and the demand for the addition of the site to the land supply has been adequately considered by the ES. The ES concludes that having examined all alternative industrial areas allocated within the development plan area none were considered suitable for the proposed development, with a key factor being the

38 potential for adversely affecting amenity both actual and perceived in particular given the specialist nature of the waste stream and the perception of harm associated with clinical waste. The impact of the proposed development is considered to accord with policy DSP 3 and has been assessed in paragraphs 8.4 to 8.16 above. Having assessed the submitted ES and in light of the consultation responses received the proposed development is considered to have no significant detrimental impacts on the site or surrounding area. Furthermore the improvement of the wider area with the new planting and habitat enhancement will only serve to further improve the site. 0 With respect to policy DSP 4, it is considered that the design of the proposed facility and its integration within the existing land form have been suitably justified within the submitted ES, as such, it is considered that the proposals accord with policy DSP 4.

8.17 In terms of the policies of the FDNLLP and in particular NBE 3 and policies DSP 1-4 it is concluded that the application is acceptable in terms of waste policy, environmental impact and other considerations such as transportation and flooding. It is acknowledged, however, that due to the location of the site within the Rural Investment Area that the application is technically contrary given that the proposals exceed the threshold for business and industry.

8.18 The revised EU Waste Framework Directive (WFD) [Directive 2008/98/EC] states that Member States must have a National Waste Management Plan or Plans. In practice, the EC recognises that the WFD can be fulfilled by Scotland's tiered system of planning which includes national waste documents and development plans. The Zero Waste Plan (June 2010) now supersedes some references to waste policy in the National Planning Framework 2 and Scottish Planning Policy. It should therefore be noted that the Zero Waste Plan and the documents listed below constitute Scotland's new National Waste Management Plan for planning purposes.

The National Planning Framework 0 Scottish Planning Policy 0 Planning Advice Note 63

Planning decision-making should, for all new developments, not just waste facilities, recognise the hierarchy's preference for prevention, reduction, reuse, recycling and energy recovery over waste disposal. The Area Waste Plans have been superseded by Scotland's Zero Waste Plan. Thus the Glasgow and Clyde Valley Area Waste Plan (and National Waste Plan 2003) and the relevant parts of the Glasgow and Clyde Valley Structure Plan are superseded. In due course the Glasgow and Clyde Valley Strategic Plan will provide a more detailed local framework for the Zero Waste Strategy. An objective remains to improve resource efficiency, stimulate investment and maximise the economic opportunities arising from waste.

8.19 The Zero Waste Plan (ZWP) sets out the Scottish Government's vision for a zero waste society, highlighting the role of planning in delivering waste management facilities, objectives and targets. It also notes that there will be opportunities to harness heat and power generated from waste recovery processes. A zero waste society will also support sustainable economic development as new waste facilities mean new investment and job opportunities. The ZWP sets out locational criteria that should be considered by planning authorities which are listed below:-

Potential Sites which include industrial areas; degraded, contaminated or derelict land; working and worked out quarries; sites that have the potential to maximise the potential for the re-use of waste heat through co-location with potential heat users; existing or redundant sites or buildings that can be easily adapted; existing waste management sites, or sites that were previously occupied by waste management facilities and sites accessible to railways, waterways or the trunk and principal road network junctions. Links to Transport Infrastructure which requires the siting of installations to

39 include access to the transport network, including road, rail and waterways and the minimisation of unnecessary travel. 0 Impact on Environment requiring proposed waste management facilities are located in sites where potential impacts on the human, built and natural environment can be minimised. 0 Heat and Power Use requires that any sites identified specifically for energy from waste should allow links to be made to potential users of renewable heat and energy especially in locations where there are premises nearby with a long-term demand for heat. 0 Construction and Demolition Waste requires that Development Plans should identify suitable sites for the processing of all waste types, including construction and demolition wastes including existing minerals workings or industrial sites.

The proposed development site is located on a former opencast coal site which does benefit from good links to the principal road networks. As outlined in the assessment above the submitted ES has shown that the proposed development is located on a site which minimises the impacts on the surrounding residents and the built and natural environment. The requirement to locate in close proximity to other potential users of waste heat and energy is noted but not considered significant in this instance given that initially only 6% rising potentially to 30% of the total waste received by the plant will be dealt with through ATT plant. Furthermore, given that the waste heat from the ATT facility will be reused for the steam autoclaves and the heating of the building itself it is considered that it is in accordance with this criteria. In terms of the location of the development it is considered that with respect to the convenience to waste producers it should be noted that the waste to be managed is of a specialist nature that is generated in relatively small quantities over a very broad area. The proposed development will by necessity serve a wider area than that covered in the local plan in order to be economically viable. In addition the ES concludes that having examined all the alternative industrial areas allocated within the development plan none were considered suitable, with a key factor being the potential for adversely affecting amenity both actual and perceived. In this instance the proposed siting in the rural area was considered an appropriate alternative to an industrial zoned or brownfield location. Having due consideration of the ZWP it is therefore considered that the proposed development is generally acceptable and complies with the aims and intentions of this plan.

8.20 The National planning Framework 2 (NPF2) sets out a framework for strategic development priorities in Scotland to 2030 to support sustainable economic growth. It recognises the importance of waste management infrastructure, the move away from landfill, and the potential of waste as a resource as well as highlighting the importance of planning in allowing these targets and aspirations to be met. In addition NPF 2 details more specific matters such as siting, proximity to waste source, transport networks and minimising the movement of waste. The proposed development is therefore considered to broadly accord with the objectives of NPF2 and on balance is considered acceptable in terms of the guidance within this document.

8.21 Scottish Planning Policy (SPP) seeks to encourage a move away from landfill toward other forms of waste management infrastructure. The SPP identifies the important role of planning in realising this strategic policy in meeting the targets set. It recognises the importance of the Zero Waste Plan which this application broadly accords with. The SPP encourages appropriate sites to be identified for waste management facilities and a policy framework which facilitates the development of these facilities. While both the adopted and emerging local plan do not specifically zone sites for waste facilities a policy framework is provided as discussed in paragraphs 8.5 and 8.15 above. Furthermore the SPP highlights the potential suitability of former minerals workings in addition to industrial zoned sites, noting other requirements including accessibility, the need for buffer zones and sensitivity of surrounding uses, whilst also acknowledging the regulatory role of SEPA.

40 In assessing the proposed development in terms of the above it is considered that a needs case has been demonstrated, the application broadly complies with the aims of the ZWP, and whilst not in an industrial area is located on a former opencast site. The appropriateness of the location has been considered above and has been accepted in this instance given the specialist nature of the waste and the perception of harm. In terms of buffer zones and SEPA guidance the facility exceeds the minimum distance of 100m from the nearest residential property. In terms of the relationship with the energy grid and users, no such linkages are proposed. However it is noted that in this instance that the waste heat from the ATT facility will be reused in the industrial processes and the heating of the building itself. In terms of minimising impacts on, transportation, the environment and local communities it is considered that these issues have been addressed in the assessment above and found to be acceptable. The proposed development is therefore considered to take substantial support from the provisions of the SPP in relation to waste management.

8.22 PAN 63 Waste Management Planning complements SPP and provides locational advice for waste management developments. In general, the most appropriate locations will be those with the least adverse impacts on the local population and the environment, although other potential locations for facilities may include; degraded, contaminated or derelict land and other sites with good transportation links. Planning authorities should consider sensitive siting and design to allay public concerns about health while operators should provide evidence that consideration has been given to siting. Sensitive issues, including; amenity; visual impact; operational impacts; access; heritage interests; siting and design; ecology and infrastructure. It is considered that the issues highlighted have been adequately addressed in the submitted ES and are covered in the assessment of the proposals in paragraphs 8.4 to 8.16 above. For these reasons it is considered that the proposed development is supported by the advice contained within this document. In respect to policy compliance it is considered that in this instance there are overriding material considerations which justify the departure from the rural investment zoning of the site.

8.23 It is considered that the proposals would accord with the main aims and principles of the above noted national policy and guidance on waste management development. SEPA are content that the supporting information provided by the developer adequately demonstrates need for the facility. The energy from waste facility will also help divert waste from landfill and thereby reduce greenhouse gas emissions from landfill. In addition the proposed facility would also create a new source of energy therefore reducing its own energy demands to operate the plant. Given these factors the proposals are considered to be in line with the requirements of Scottish Planning Policy and PAN 63.

Consultations:

8.24 The objections raised by Salsburgh Community Council are considered to have been addressed in paragraphs 8.3 to 8.23 above. In terms of the comments from SEPA that an Appropriate Assessment is required to be undertaken by the Planning Authority in consultation with SNH it should be noted that the SNH response dated lgthAugust and the appraisal carried therein by SNH forms the basis of the Council’s Appropriate Assessment and are considered acceptable. The remaining consultation responses received offer no objections and all issues raised can be addressed by suitable planning conditions, submission of further details and the inclusion of appropriately worded advisory notes.

ReDresentations:

8.25 In terms of points of objection, I would comment as follows:-

1. The concern regarding emissions from the facility and the potential for an adverse impact on the health of residents in the surrounding communities is noted. SEPA and Protective Services had no objections to the proposals

41 following consideration of the assessment on air quality impact information contained in the Environmental Statement. It was concluded that the proposals would not have a significant impact on air quality due to the operation of the proposed facility. Furthermore all waste would enter the site in rigid cappedhidded containers with all lids, caps and valves secured in place that are colour coded appropriate to the nature of the waste. The waste would then be treated via the autoclave and/or the ATT plant. With the adoption of standard waste handling and storage procedures, dust and odour are unlikely to be a significant problem. Odour generated from the waste prior to treatment would be minimal as all waste entering and exiting the site would be in covered containers and there would be a quick turnaround of all waste. The autoclaves are sealed units and consequently no hazardous or harmful materials would be released to the air. In terms of the ATT treatment process, the ES specifically considered the likely impact of air borne particulates from the ATT plant on sensitive receptors including local residential areas. It was concluded that there would be no significant impact on human health. 2. The potential for noise disturbance caused by the construction and operation of the facility, given that it is proposed to operate 24 hours a day is considered above. Having consulted Pollution Control they have indicated no objections to the proposed development in terms of noise subject to appropriate conditions. Furthermore chapter 8 of the ES confirms that no significant noise effects will occur to the nearest affected properties during either construction or operation of the proposed facility. 3. The concerns regarding the transportation impact that the proposed development will have on the surrounding area given the number of vehicles involved in the operation of the facility, the substandard nature of the surrounding road network, its capacity to accommodate the proposals and the detrimental impact on road safety are noted. Having consulted Transportation they have offered no objections to the proposed development subject to conditions. Furthermore the traffic impacts of the development are assessed in chapter 12 of the ES and conclude that the proposed development will result in an overall slight decrease in traffic levels than those generated at the existing facility in Shotts. Although it is anticipated that staff and management vehicular use will increase from 120 to 142 daily trips, with transport staff increasing from 68 to 100 trips, this is off-set by a decrease in the estimated HGV movements from 120 at present to 57 when the proposed facility is fully operational. In mitigation of potential impacts, HES Ltd would introduce an operational management plan that would encourage contracted waste delivery companies to avoid routes through residential areas. 4. The concerns regarding the potential for air pollution and odours emanating from the new facility and its related processes (including pyrolysis), and any detrimental impact on amenity are not found to merit refusal of the application. SEPA and Protective Services had no objections to the proposals following consideration of the assessment on air quality impact information contained in the Environmental Statement. As all of the waste management processes would be contained within a large building that would be subject to filters and odour emissions would be adequately controlled, SEPA is satisfied that control of odours through the use of a condensing system complies with the principles of ‘best available techniques’ (BAT) and advised that adequate controls over such problems would be controlled via their PPC permit regulations. The ES concludes that the proposals would not have a significant impact on air quality due to the operation of the proposed facility. It should also be noted that the proposed location of the new facility is far more isolated than that of the existing facility and given its proposed location, modern design and the nature of the prevailing wind at the new location it is envisaged that the issue of odours should be further mitigated. 5. The concerns regarding the potential for the facility to cause discharge of pollutants into the adjacent watercourses, in particular the river Almond, and the subsequent detrimental impact on wildlife and potential recreational users

42 of the watercourse for activities such as fishing are considered in paragraphs 6.4 and 8.9 above. Having consulted SEPA and Scottish Water they have indicated no objections to the proposed development in terms of discharge into the River Almond. Furthermore all discharges and emissions from such a facility are regulated through SEPA and the Pollution Prevention and Control (PPC) regulations. The proposals are therefore considered acceptable and will not have a detrimental impact on wildlife or the recreational use of the watercourse. 6. The concerns regarding the detrimental impact of the proposed facility on wildlife and protected species currently located on the site and in addition the wider environmental impacts of the proposals, in particular the potential detrimental impact on the adjacent SSSl Hassockrigg Moss are considered in the assessment above. The ES has demonstrated that there would be no significant impact of natural heritage interests including protected species. Scottish Natural Heritage agreed with the conclusions of the ES and had no objection subject to conditions relating to standard protection measures for adjacent habitats and protected species. Having consulted Greenspace they have offered no objections to the proposed development subject to the imposition of suitable planning conditions and appropriately worded advisory notes. Both SNH and SEPA are satisfied that the levels of emissions from the facility will not have a detrimental impact on the adjacent SSSl or the river Almond. It should be noted that as part of the proposed development the applicant has indicated that they are willing to provide additional habitat enhancement in the land surrounding the application site which is within their ownership which is controlled by conditions. 7. The concern that the facility is located too close to the local community and that it would be better situated in a more remote location is highlighted in the assessment above. The application site was considered the most suitable for a development of this nature in terms of its size, long term commercial viability, previous use as an opencast site, immediate access to the primary road network, proximity to sensitive receptors and its minimal visual/landscape impact. The ES considered a comprehensive range of environmental impacts on sensitive receptors at and around the site, including the predicted impact on adjacent residential areas and concluded that such impacts would not be significant. Where some minor concerns were identified, mitigation measures are proposed to enable the development to be considered acceptable. Furthermore the existing clinical waste facility at Centrelink 5 is located approximately 70m away from the nearest residential property and approximately lOOm away from the edge of the settlement of Bridgend in Shotts. The new facility would be located approximately 150m away from the nearest residential property and 1.5Km away from the nearest settlement of Eastfield. Given the requirements that such facilities are located close to major transport links it is considered that the proposed location is as isolated as could be expected given the various constraints to the siting of such a facility. 8. The concern that the proposed development is contrary to planning policy is addressed in paragraphs 8.4 to 8.23 above. 9. The concern regarding the potential for pollutants to contaminate farmland and subsequent contamination of the food chain as a result is noted. The control of emissions are covered by the Waste Incineration Directive (WID) and the Pollution Prevention and Control (PPC) legislation and having consulted SEPA and Protective Services they have no objections to the proposals following consideration of the assessment on air quality impact information contained in the Environmental Statement. 10. The concerns regarding the handling and storage of radioactive materials on site are noted. The transportation, handling and disposal of such materials are licensed through SEPA under the PPC legislation. Having consulted SEPA they have no objections to the proposed development. 11. The concerns regarding the issues that the land has not been fully restored from its previous use as an open cast site and why the outstanding bond has

43 not been called on to complete the restoration of the site are accepted. The Council had been in negotiation with the previous site operator and landowner on the content of a restoration scheme to complete the restoration of the site. The Council has thus far failed to reach a satisfactory conclusion to those negotiations which have been suspended in light of the current proposals for the site. Should the committee refuse the application or the proposal not proceed the Council may elect to call on the existing bond for the site to carry out the outstanding restoration works. 12. The concerns regarding the visual impact of the proposal and in particular the visual impact on the owner of Brownhill Farm given the proximity of the proposals are considered in detail above. Chapter 5 of the ES concludes that from Easter Hassockrigg and Brownshill Farm direct views of the proposed may be experienced, albeit that the significance of this visual impact would be no worse than moderate to minor. In addition, the proposed landscaping scheme incorporates an area of woodland planting to the north of the proposed development to screen these views, albeit that the proposed planting would take several years to become established. The views experienced from the other residential properties in the vicinity of the site towards the proposed development would be screened by the existing intervening vegetation. Given the distance to the site, the intervening topography (including the existing colliery bing) and vegetation, the landscape and visual assessment concludes that proposed development is unlikely to be visible from the nearest settlements of Shotts, Eastfield and Salsburgh and any views that may be experienced would not be significant. The visual impact of the proposed development on the 87057 Shotts Road, the 6717 West Bernhar Road, the 87076 and other local roads in the vicinity of the site are also assessed in the landscape and visual assessment. The ES concludes that although potential views may be experienced from the 67057 and the 8717, these views would be intermittent and of short duration only and will therefore not be significant. 13. The concern that the applicants failed to engage with the community sufficiently in the pre-application process is noted. The applicant submitted a Proposal of Application Notice (PAN) Reference 10/01175/PAN under the terms of Part 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 to North Lanarkshire Council, Harthill and Eastfield, Salsburgh and Shotts Community Council’s. The PAN provided a description of the proposals, location plan and details of the proposed pre-application consultation activity. In addition the applicant placed a newspaper advertisement in the Wishaw press on the 3rdNovember 2010 detailing the time and date of the public exhibition that was held in Shotts Community Centre on 17‘h November 2010. In addition the applicants met with Harthill and Eastfield Community Council on the 2”d February 201 1 to further discuss the proposed development. It is therefore considered that the applicant has sufficiently engaged with the community prior to the submission of the application. 14. The detrimental impact of the proposed development on the value of the surrounding properties or any perceived loss of property value is not material to the consideration of a planning application.

9 Conclusions

9.1 In conclusion, the proposed development is contrary to the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire local Plan as the proposed location of the facility fails to accord with the land use policy criteria for the location of such facilities. In terms of the wider policies of both these plans and the assessment of the development in terms of the impact of the proposed development. It is concluded that in terms of convenience to waste producers; the landscape and visual impact; the extent of traffic generation; the impact on local residents, due to noise, odours and other disturbance; the loss of natural habitats and protected species; flood risk and

44 the measures included to ensure satisfactory restoration of the site, the proposed development is acceptable and accords with the relevant policies contained within both plans. The ES has adequately demonstrated that the proposals are acceptable in terms of need and comply with the proximity principle for dealing with the identified waste stream. The proposals although failing to comply with the locational criteria outlined in local plan policy, do meet the majority of the policy criteria with respect to the impact of the proposed development.

9.2 In terms of the other material considerations it is considered that the proposed development generally accords with the main aims, principles, policy and guidance contained within the Zero Waste Plan (ZWP), the National Planning Framework 2 (NPF2), ), Scottish Planning Policy (SPP) and advice set out in Planning Advice Note 63 (PAN 63). In terms of the need for the facility SEPA are content that the supporting information provided by the developer adequately demonstrates the case. Furthermore the inclusion of the ATT process to generate energy from waste will also help divert more waste from landfill and thereby reduce greenhouse gas emissions. In addition the proposed facility would also create a new source of energy therefore reducing its own energy demands to operate the plant and further reduce its carbon footprint.

9.3 The proposed re-location of the facility is also considered to demonstrate economic benefit in that it will secure the existing employment of the current workforce and the provision of an additional 31 jobs whilst securing these posts within the North Lanarkshire area for a significant period of time. In addition short term employment will also be generated by the jobs associated with the construction of the facility and the supply of building materials and services.

9.4 In assessing the proposals the application site was considered the most suitable for a development of this nature in terms of its size, long term commercial viability, previous use as an opencast site, immediate access to the primary road network, proximity to sensitive receptors and its minimal visual/landscape impact. The ES considered a comprehensive range of environmental impacts on sensitive receptors at and around the site, including the predicted impact on adjacent residential areas and concluded that such impacts would not be significant. Furthermore the existing clinical waste facility at Centrelink 5 is located approximately 70m away from the nearest residential property and approximately 100m away from the edge of the settlement of Bridgend in Shotts. The new facility would be located approximately 150m away from the nearest residential property and 1.5Km away from the nearest settlements of Eastfield and Shotts. Given the requirements that such facilities are located close to major transport links it is considered that the proposed location is as isolated as could be expected given the various constraints to the siting of such a facility. The ES has adequately demonstrated that the proposals are acceptable in terms of need and comply with the proximity principle for dealing with the identified waste stream.

9.5 In terms of locational need it is accepted that the proposed development does not meet the Council’s locational criteria for waste management facilities which seeks to locate with established industrial and business areas or on sites forming part of the land supply for industry and business. The ES concludes that having examined all the alternative industrial areas allocated within the development plan area none were considered suitable for the proposed development, with a key factor being the potential for adversely affecting amenity both actual and perceived. In addition given the specialist nature of the waste stream and the perception of harm associated with clinical waste, in this instance the proposed siting in the rural area was considered an appropriate alternative to an industrial zoned or brownfield location.

9.6 There was no objection from statutory consultees including the Scottish Government, SEPA, SNH, and Scottish Water. There was no objection from the respective NLC Services requested to comment on the application. The accompanying ES demonstrates that environmental impacts from the development would not be

45 significant and it is agreed that the suggested mitigation measures can be controlled through appropriate conditions and suitably worded guidance notes.

9.7 Despite the significant volume of representation received in regards to the application, the points of objection have been carefully assessed. It has been determined that the objections cannot be sustained and do not raise sufficient reason or concerns that would justify a recommendation that planning permission should be refused.

9.8 It has been concluded that although the proposals fail to accord with the terms of the development plan, there are, in this instance overriding material considerations which conclude that, on balance, the proposed development is acceptable when assessed against the other material considerations noted in the main report. The proposals are therefore considered to be acceptable and it is therefore recommended that planning permission be granted subject to conditions.

46 Application No: Proposed Development:

11 /00495/FUL Erection of Two Storey Detached Dwellinghouse Site Address:

Land At 86 Glen Road Wishawhill Wishaw ML2 7NP

Date Registered:

4th May 201 1

Applicant: Agent: Mr Paton Sondh Associates 86 Glen Road Bristol &West House Wishawhill 4th Floor, 82 Union Street Wishaw Glasgow G1 3QS

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 8 Motherwell South East And Ravenscraig Five letters of representation received. Kaye Harmon, Thomas Lunny, Linsey McKay, Alan Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered acceptable given the predominantly residential nature of the locale. The development is held to meet the aims and objectives of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan without detriment to the amenity of the existing site and surrounding area.

47 ,reduced bypermsslon PLANNING APPLICATION 1l/UO4951FUL Pmdumdby le Orchance Slrrveyon N Planning and Development alf PfHmO @Crow Erection of Two Storey Detached Dwellinghouse ryigtt and database ngtt North Lanarkshire C 9. Allright$resenrec. nance Suney LandAt86 Glen Road,Wishaw A fwc. wenuMer100023396. i~q,ooo Cumbernauld * Representation G67 IJW Proposed Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

L3 (21) 002, L3(20)001RevPO1 , L1(21)002 and Ll(21)OOl.

Reason: To clarify the drawings on which this approval of permission is founded.

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

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

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

6. That notwithstanding the requirements of condition (5) above, the materials to be used on the dwellinghouse hereby approved shall be as follows:

Roof: Flat profiled dark grey smooth roof tiles, slates or synthetic slates; External Walls: Reconstituted or natural stone in a colour to match the adjacent properties and white or cream coloured render.

Reason: To safeguard the visual amenity of the area.

7. That before the start of works on site, full details and plans of the method for the formation of the access and subsequent reinstatement of the wall on the southern boundary shall be submitted to and approved in writing by the Planning Authority.

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

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

9. The before the dwellinghouse hereby permitted is occupied any fence or wall, as approved under the terms of conditions (7) and (8), shall be reinstated/erected.

Reason: In the interest of the amenity of the future occupants of the dwellinghouse.

49 10. That no trees or hedges partly or wholly within the site shall be lopped, topped, felled or otherwise affected, including for the avoidance of doubt, the undertaking of any excavations or erection of any structures at any time during construction or in the future, along either the northern and eastern boundaries of the application site without the prior written consent of the Planning Authority.

Reason: To safeguard the visual amenity 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 all trees wholly or partly within the site and shall not be removed without the prior approval in writing of the Planning Authority.

Reason: In order to safeguard those trees.

12. That before the dwellinghouse hereby permitted is occupied, a 3 metre wide dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

13. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 15 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority and shall thereafter be maintained as such.

Reason: In the interests of traffic and pedestrian safety.

14. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no development shall take place within the part of the curtilage of the application site hatched GREEN, other than that expressly authorised by this permission.

Reason: In order to protect the trees wholly or partly within that part of the site in the interests of the visual amenity of the area.

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

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

16. That any remediation works identified by the site investigation required in terms of Condition 15, 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 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.

50 Backaround Papers:

Representation Letters

Letter from Mrs Pamela Millar, 88 Glen Road, Wishaw, ML2 7NP received 25th May 201 1 Letter from Mrs Pamela Millar, 88 Glen Road, Wishaw, ML2 7NP received 2ndAugust 201 1 Letter from Mrs Pamela Millar, 88 Glen Road, Wishaw, ML2 7NP received 3rdAugust 201 1 Letter from J Simpson, 94a Glen Road, Wishaw, ML2 7NP received 6th September 201 1 Letter from May H Gemmell, 94 Glen Road, Wishaw, ML2 7NP received 14th September 201 1

Consultation Responses:

Memo from Transportation received 2gthAugust 201 1.

Contact Information:

Any person wishing to inspect these documents should c ntact Mr Fraser Miller t 01698 2741 19

Report Date:

1gth October 201 1

51 APPLICATION NO. 11/00495/FUL

REPORT

1. Site Description

1.1 The application site is the rear garden ground of 86 Glen Road, Wishaw. The site is bounded by well established residential properties to the north, west and south and by Belhaven Park to the east. Mature trees within the grounds of Belhaven Park adjoin the eastern boundary, whilst a stone wall and mature hedging lines the southern boundary. Mature gardens with a central lawn area with perimeter planting forms the majority of the application site. The dwelling at 86 Glen Road to the west of the site is a large detached two storey dwellinghouse whilst the dwellings on Glen Road are predominantly single storey dwellings with attic accommodation, whereas, the dwellings on Glenpark Street are a mixture of single storey dwellings and single storey dwellings with attic accommodation.

2. ProPosed Development

2.1 Planning permission is sought for the erection of a two storey detached dwellinghouse in the rear garden ground of 86 Glen Road, Wishaw. The site extends to just over 0.1 hectares and access the site is proposed to be taken via a 3 metres wide dropped kerb access from Glen Park Street. The footprint of the dwelling is approximately 92 square metres, and accommodation is to be provided on the ground floor, the first floor and within the roof space, through the provision of velux windows.

3. Applicant's Sumortina Information

3.1 A letter has been received from the applicant's arboriculturalist in connection with the trees adjoining the application site boundary.

4. Site History

4.1 Planning permission 04/01793/FUL for the erection of two-storey dwellinghouse approved by Committee on the 2ndMarch 2005, subject to conditions.

5. Development Plan

5.1 The site is zoned as Policy HSG7 (Established Housing Areas) in the Southern Area Local Plan 2008.

5.2 The site is zoned as Policy HCFIA (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 Following the submission of amended plans Transportation have advised that the driveway should be extended to 15 metres in length to provide 3 in curtilage parking spaces and that the driveway is required to be accessed via a 3 metre wide drop kerb arrangement.

7. Representations

7.1 Five letters of representation have been received raising concerns about amenity, overprovision and traffic, following the neighbour notification process. Three of which have been received from one objector.

1. The proposed development represents the over development of the site, detrimental to the amenity of the residential area and adversely impacting on the privacy and daylight and the window to window distances to the objector's house

52 and garden. 2. The proposed development will adversely impact on the trees within the grounds of Belhaven Park. 3. The precedent for the approval is not appropriate as the permission has lapsed in which the circumstances for assessment have changed through the provision of additional design guidance and the Finalised Draft North Lanarkshire Local Plan. 4. The proposal is contrary to Policy DSP4 and Supplementary Planning Guidance Note 15 as it does not represent a high standard of site planning and sustainable design through the use of inappropriate materials, window positioning and that it does not successfully integrate into the local area. 5. The proposed garden area is significantly smaller than the gardens of the adjacent dwellings and there will be a low standard of amenity for the proposed house. 6. The house adversely impacts on the generously set grounds of the existing house at 86 Glen Road. 7. The proposed access in close proximity to the junction of Glen Park Street and Glen Road is likely to cause a hazard when vehicles are exiting and entering the site.

0. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy HSG7 (Established Housing Areas) in the Southern Area Local Plan 2008. Polices HSG10 (Infill Housing Development) and TR13 (Assessing the Transport Implications of Development) are also relevant.

AdoDted Local Plan

8.2 Policy HSG7 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of Established Housing Areas. In this case the proposal relates to the principle of the use of an area of garden ground for the development as a single house plot. The site is bounded to the north, south and west by residential properties and by Belhaven Park to the east. The area is therefore considered to comprise mostly of residential properties. Furthermore the site benefits from a previous planning approval for the erection of a two storey dwelling which was approved at the Planning and Transportation Committee of the 2ndMarch 2005.There has been no change in circumstances and therefore the principle of an additional dwelling in this location fronting onto Glen Park Street is established and acceptable, subject to its detailed assessment against policies HSG10 and TR13.

8.3 Policy HSGI 0 (Infill Housing Development) details criteria against which new housing sites will be assessed. These include: the impact of the proposals on the character and amenity of the surrounding area; the dimensions of the site relative to the development and associated garden ground; effect on the infill on the garden space, privacy and sunlight received by surrounding properties; scale, materials, roof heightlpitch and window patterns, and the provision of vehicular access and parking arrangements. It is considered that the proposed two-storey dwelling will be in keeping with the character of the surrounding area. In terms of the dimensions of the site, the proposed plot depth is 27 metres in length and the resultant plot depth of the existing dwelling would be 30 metres. This is considered to be in keeping with the dwellings on Glen Road and Glen Park Road which have various plot depths ranging from 27 metres to 45 metres. The proposed plot width is 16 metres; however, this is not out of character when compared with the existing plot widths on Glen Road and Glen Park Street. Sufficient rear garden ground will be maintained at both 86 Glen Road and the application site; garden sizes proposed meet with the Councils' open space guidelines and equate to approximately 260 square metres each. There will be

53 no adverse issues with regards to the amenity of the adjoining dwellings as window to window distances of 18 metres will be maintained and those windows at 90 degrees are in excess of the 18 metre distance. The proposed house is set back 10 metres from the boundary of the property to the rear and the house is positioned so that it only overlooks the bottom of the garden of that property. It is considered that there will be no adverse effects in connection with the loss of privacy and sunlight by adjoining properties. The proposed dwelling is to measure 5.7 metres to the eaves and 9.5 metres to the ridge, which is marginally higher that the previously approved dwelling and approximately the same height of the existing dwelling to the west of the site. The applicant proposes to finish the proposed dwelling with re-constituted stone and render on the southern elevation and render on north east and west elevations and smooth profiled grey tiles on the roof. The proposed dwelling has been designed to complement the existing well-established dwellings of the area through the use of mock sash and case windows with a vertical emphasis, central mullions and architectural features characteristic of the adjoining dwellings. It is therefore considered acceptable in terms of scale, materials, roof heightlpitch and window patterns. With regards to the impact on the trees on the boundary with Belhaven Park, the proposed dwelling has been positioned so that the root structure of the trees will not be damaged by construction work as confirmed by the applicant’s arboriculturalist. Additional advice has been that there may be a requirement to trim some of the limbs of the trees that overhang the application site and that the recommendations of the original report remain. Planning conditions are proposed to secure tree protection measures through the course of the development. The vehicular access and parking arrangements are discussed below. In light of the above, the proposal is held to comply with policy HSGIO.

8.4 Policy TR13 seeks to consider the impact of a development upon the road network and public safety. In this case Transportation have advised that the driveway should be extended to 15 metres in length to provide 3 in curtilage parking spaces and that the driveway is required to be accessed via a 3 metre wide drop kerb arrangement. It is considered appropriate to utilise suitable planning conditions to ensure compliance with this request. It is therefore considered that the application complies with policy TR13.

Finalised Draft North Lanarkshire Local Plan

8.5 The Finalised Draft North Lanarkshire Local Plan (FDNLLP) is a material consideration in the assessment of this application and zones the area as HCFIA Protecting Residential Areas. Policy HCF1A, states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. Planning permission has previously been approved for a detached dwelling on the site and in assessing this application it is considered that in principle a detached dwelling at this location would not adversely affect the amenity enjoyed by the existing or proposed dwellings in the vicinity.

8.6 Policy DSPI Amount of Development is not relevant to this proposal as the application as the development is below the threshold for justification. Policy DSP2 Location of Development is also not relevant as the development meets the location criteria. Similarly the development does not require to be assessed by Policy DSP3 given the minimal scale of the development.

8.7 Policy DSP 4 Quality of Development states that development will be permitted where sustainable design standards and site planning are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with design principles which lead to the creation of a distinct, successful place addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through over looking, loss of privacy or

54 amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4. As detailed in paragraph 8.3 above, it is considered that the proposed layout, scale of development and resultant density is in keeping with the immediate vicinity of the application site. Whilst the plot dimensions are marginally smaller than those immediately adjacent to the site, there are a number of dwelling on Glen Road and Glenpark Street with similar dimensions. Similarly the proposed design and finishing materials are considered acceptable when assessed against the adjacent properties. The proposed dwelling takes the form of a traditional two storey dwelling, utilising smooth profiled roof tiles, reconstituted stone and render, similar in finish to the dwellings on Glenpark Street and Glen Road. As stated above the useable garden ground for the existing and proposed dwellings is in excess of the Council’s minimum standards and the window to window distances are in accordance with the 18 metre requirements. The transportation implications of the development have been discussed in paragraph 8.4 above. It is considered that the proposed house would be in keeping with the development pattern Glenpark Street and Glen Road it is therefore considered that the proposals are acceptable in terms of the requirements of policy DSP 4.

Representations:

8.8 In terms of the objections raised, I would comment as follows:-

1. As detailed in paragraphs 8.3 and 8.7 above, the impact on the privacy and amenity, window to window distances, including daylight received by adjacent properties is minimal and does not warrant the refusal of the application. 2. The issue of the impact on the trees located within the grounds of Belhaven park has been discussed in paragraph 8.3 above. 3. The previous permission has lapsed, however the principle of the development remains acceptable given the zoning of the site in combination with the previous approved planning permission. The circumstances around the principle of the development have not changed. 4. The proposed design and finishing materials are considered acceptable when assessed against Policy DSP4 and SPG 15 of the Finalised Draft North Lanarkshire Local Plan. 5. The useable garden ground equates to approximately 260 square metres with a rear depth of 10 metres. Whilst this is marginally smaller that some of the adjacent garden depths, the house to plot ratio is considered acceptable. 6. The impact of the proposed dwelling on the adjacent properties has been considered in paragraph 8.3 above. 7. The impact of the proposed vehicular access on traffic and pedestrian safety is considered acceptable when as detailed in paragraph 8.4 above.

9. Conclusions

9.1 In conclusion, this planning application for a single house plot has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance, justification exists for the principle of the development on the site. Furthermore the detailed design of the proposed dwelling in addition to the impact of the development on the amenity experienced by the adjacent dwellings is considered to be acceptable when assessed against the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. It is therefore recommend that the application be granted subject to conditions.

55 Application No: Proposed Development:

I 1/00754/FUL Erection of a Temporary Meteorological Monitoring Mast of Height up to 50.2m.

Site Address:

Land North Of Springhill And Leadloch Road Stane Shotts

Date Registered:

12th July 201 1

Applicant: Agent: Green Dimension Ltd Catherine Streater 43 Clarence Road Green Dimension Ltd Milton Keynes 43 Clarence Road MK11 1JE Milton Keynes MK11 IJE

Application Level : Contrary to Development Plan: Local Application No

Ward: Representations: 012 Fortissat No letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed wind monitoring mast accords with Policy ENV 8 of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan in that the temporary nature and height of the mast is considered acceptable and would not adversely affect the visual amenity of the surrounding area.

56 I PLANNING APPLICATION 11/00754/FUL ?producedby permism Erection of a Temporary Meterological Produced by the Orchance Survey on N Plannina and DeveioDment !halfof HMSO @Crown Monitoring Mast of Height up to 50.2m. Environkntal Services ipyrighl and database right k%$ All rights reserved Land North Of Fleming House .&an= Survey Springhill And Leadloch Road A 2 Tryst Road xnce number lOW3396. Curnbernauld Stane, Shotts I G671JW v Proposed Conditions:-

1. That the mast and associated structures hereby permitted shall be removed from the site, and the land restored to its former condition to the satisfaction of the Planning Authority, by 10th November 2014 or within 3 months of the wind survey being completed, whichever is the sooner.

Reason: To accord with the terms of this application and in the interests of visual amenity of this rural location and countryside beyond.

2. That, except for the terms of conditions below or as may be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings stamped approved as part of this permission.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That notwithstanding the details shown on the approved plans, details of the bird deflectors to be added to the guy ropes and mast shall be submitted to and approved in writing prior to any works commencing on site.

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

4. That prior to any works commencing on site, a construction methodology statement shall be submitted to and agreed in writing by the Planning Authority. The statement shall include:-

(a) the means of vehicular access to the site from the public road; (b) details of the types and numbers of vehicles that will be accessing the site during construction of the mast; (c) details of the proposed service routes required for future maintenance; (d) details of the proposed methods of reinstatement of the access route to the mast; (e) details of the proposed phasing of these works and the proposed timescales of implementation. (f) details of the protection of the habitat and protected species during the construction of the mast.

Thereafter construction of the development shall be in accordance with this approved statement.

Reason: To enable the Planning Authority to consider these aspects in detail and to ensure the protection of the habitat and protected species.

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

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

6. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

58 Backaround Papers:

Consultation Responses:

NLC Greenspace received 4'h August 201 1 and 5'h October 201 1. Ministry of Defence received 12'h July 201 1 National Air Traffic Services (Safeguarding) received 27'h July 201 1 JRC received 22ndJuly 201 1 Atkins Global received 21 '' July 201 1 BAA Aerodrome Safeguarding received 12th July 201 1 Scottish Environment Protection Agency received 12'h July 201 1 Environmental Health (including Pollution Control) received 8'h August 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 236 632496

Report Date:

25'h October 201 1

59 APPLICATION NO. 11/00754/FUL

REPORT

1. Site Description

1.1 The application site is located on land to the north of B7010 Springhill and Leadloch Road. Springhill Bog is an area of raised bog which sits within a wider area of open land and is bounded on all sides by similar agricultural land. The site is approximately 600m east of Stane and access to the site is taken from an existing field access from the 87010 Springhill and Leadloch Road.

2. Proposed Development

2.1 Temporary planning permission is sought for the erection of a 50 metre high wind monitoring mast. The mast consists of a tubular steel column supported by steel guy wires which will be anchored using concrete blocks in shallow trenches, which will be subsequently backfilled, or similar as appropriate to the ground conditions and the mast itself requires no foundation as it sits on a metal base plate. The spread of the guy ropes would be 33.5 metres by 33.5 metres. The mast is required by the applicant for a period of 3 years, in order to monitor wind speeds at the site and it will gauge the potential for renewable energy sources at the site.

3. Applicant’s Supportina Information

3.1 The applicant has provided a short supporting document explaining the method of construction and estimated operational period of the mast.

4. Site Historv

4.1 There is no relevant site history.

5. Development Plan

5.1 The site is covered by Policy ENV8 (Rural Investment Area) in the Southern Area Local Plan 2008.

5.2 The application site is zoned as NBE 3B Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009.

6.

6.1 The following consultees have no objection to the proposed development:-

National Air Traffic Services BAA Aerodrome Safeguarding MOD SEPA J RC Atkins Global Pollution Control

6.2 A summary of the comments from the remaining consultees are as follows:-

i) Greenspace comment that only proposals which demonstrate no adverse impact on the SlNC or that the impacts can be mitigated in environmental terms relevant to the impact. Greenspace offer no objections to the proposed installation of the meteorological mast subject to habitat and species protection during construction and the use of bird deflectors for the guy wires.

60 7. Reoresentat ions

7.1 Following the neighbour notification and press advertisement procedures, no letters of representation have been received.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy ENV 8 (Rural Investment Areas) in the Southern Area Local Plan 2008. Policies ENV5 (Assessment of Environmental Impact) and ENV 14 (Nature Conservation Sites) are also relevant.

AdoDted Local Plan

8.2 Policy ENV8 states that the Council will not normally permit development other than that directly associated with an appropriate rural use but allows for renewable energy developments. In this case the proposal relates to a wind monitoring mast to establish potential for a possible windfarm development and as such the proposals are considered to be in accordance with policy ENV8.

8.3 Policy ENV5 states that the council will assess the suitability of a proposal to the character of the area, its landscape and visual impact and the impact on biodiversity. The views of the landscape at this location are characterised by open agricultural grassland. The site is also located in an area of low population. In respect of the mast itself, although it has a height of 50 metres, it is fairly insubstantial in structure. Taking into account the landscape characteristics, it is considered that the mast will have a limited adverse visual impact but this will be outweighed by its temporary nature and the benefits of gathering information on the potential for wind power on the site. For the avoidance of doubt, a grant of planning permission in this instance will not set a precedent for permanent wind turbines. The proposed mast is considered to have a minimal impact on the overall landscape character of the site and can be accommodated without significant detriment to the existing SINC. Having consulted Greenspace they have indicated no objections to the proposed development subject to conditions regarding habitat and species protection during construction and the use of bird deflectors for the guy wires. It is not considered that the countryside location, existing natural habitat or landscape character of this site would be compromised by the proposal. Consequently the proposal accords with policy ENVS.

8.4 Policy ENV 14 states that the Council will resist development proposals which would significantly affect a Site of Importance for Nature Conservation. The proposed development is not considered to have a significant impact on the SINC and having consulted Greenspace they have indicated no objections to the proposed development subject to conditions. The proposed development is considered to accord with policy ENV 14.

Finalised Draft North Lanarkshire Local Plan

8.5 The application site is zoned as NBE 38 Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009. This policy seeks to protect the character of and to promote development in Rural Investment Areas through restricting development to acceptable types. Generation of power from renewable sources is considered an acceptable type of development. The policy then lists impact criteria for assessing acceptable development. The development must comply with the undernoted criteria:

0 Have a positive economic benefit. 0 Minimise any adverse environmental impacts.

61 0 Do not pose undue infrastructure implications. 0 Have a specific locational need. 0 Be of a suitable scale and form for the location. 0 Applications include a landscape assessment.

As outlined in section 8.3 and 8.4 above, the proposed development is considered to be of a suitable scale and form for the location. In this case the proposal relates to a wind monitoring mast to establish potential for a possible windfarm development. The proposed mast is considered to have a minimal impact on the overall landscape character of the site and can be accommodated without significant detriment to the existing SINC. It is therefore considered that the proposed development is acceptable and accords with policy NBE 3A.

Consultations

8.6 With respect to the consultation responses it is considered that all issues addressed can be addressed by appropriate conditions.

9. Conclusions

9.1 In conclusion, I am satisfied that the impact of the wind monitoring mast is acceptable from a planning viewpoint and that the proposal generally accords with policies ENV8, ENV5 and ENV 14 of the Southern Area local Plan 2008 and the policies of the Finalised Draft North Lanarkshire local Plan. For the reasons stated above, it is recommended that temporary planning permission be granted for a period of 3 years.

62 Application No: Proposed Development:

11 /00787/FUL Erection of 7 dwellinghouses

Site Address:

Land South Of Southfield Crescent Stane

Date Registered:

2nd August 201 1

Applicant: Agent: Central Scotland Forestry Trust Hardie Associates Hillhouseridge Colin Hardie Shottskirk Road 78 Hopetoun Street Shotts Bathgate ML7 4JS EH48 4PD

Application Level: Contrary to Development Plan: Local Yes

Ward: Representations: 01 2 Fortissat Six letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Whilst not in accordance with the Southern Area Local Plan 2008, the principle of the proposed development accords with Policies DSPI, DSP2, DSP4 and HCFlA of the Finalised Draft North Lanarkshire Local Plan as the proposed zoning of the application site has been fully publicised and considerable material weight can therefore be associated with the Finalised Draft Local Plan. In terms of the acceptability of the design, scale and layout, these matters are considered acceptable when assessed against the Finalised Draft North Lanarkshire Local Plan. Furthermore it is considered that there would be no significant adverse impact upon the character and amenity of the surrounding area.

One of the letters of objection has requested that a site visit be carried out by the Planning and Transportation Committee.

63 .,.

Ptudutzd by NIPlanning and Development Enwronm mtal Sewices North Lanarkshire C Flemirg House Crescent Torbothie Shotts A 2 Tryst Road Licemenut?t)er100023396. R~~~~~~~~~~,~~~Cum bernauld 64 087 IJw Proposed Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

11/028/PL04bJ PUO28/PLO2 and 11/028/PLOI.

Reason: To clarify the drawings on which this approval of permission is founded.

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

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

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

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

7. The before the dwellinghouse hereby permitted is occupied any fence or wall, as approved under the terms of condition 6, shall be erected.

Reason: In the interest of the amenity of the future occupants of the dwellinghouse.

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

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

9. That any remediation works identified by the site investigation required in terms of condition 8, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the

65 Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

10. That no dwelling hereby permitted shall 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 satisfactory vehicular and pedestrian access facilities to the dwellings. 11. That before the last of the dwellings hereby permitted is occupied, all roads, footpaths, footways and manoeuvring areas shall be completed to sealed final wearing course. Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

12. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 15 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to the satisfaction of the Planning Authority and shall thereafter be maintained as parking spaces.

Reason: In the interests of traffic and pedestrian safety,

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

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

14. That the SUDS compliant surface water drainage scheme approved in terms of condition 13 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 last house 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 has been constructed in accordance with the relevant SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

15. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment and a management and maintenance schedule shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the restoration of the soils within the areas of soft landscaping; (d) a timetable for the implementation of these works contemporaneously with the development and to be completed before the last house is occupied; (e) confirmation of the management and maintenance proposals for the communal landscaped area.

Reason: To ensure the submission of appropriate details and to protects and enhance the visual amenity and character of application site and the wider area.

66 16. That all works included in the scheme of landscaping and planting, approved under the terms of condition 15 above, shall be completed contemporaneously with the development in accordance with the approved timetable and shall be completed before the occupation of the last dwellinghouse within the development hereby permitted; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure that the landscaping works are completed in a timeous manner in the interests of the amenity of the area.

17. That before the occupation of the last house within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 16 shall be in operation.

Reason: To ensure the long term care of communal areas in the interests of the amenity of the area.

18. That the flood mitigation and drainage works identified in the Outline Drainage Report dated 8'h July 201 1 shall be implemented contemporaneously with the development in so far as is reasonably practical. Following the construction of all of the flood mitigation works, a certificate (signed by a Chartered Civil Engineer experienced in flood mitigation) shall be submitted to the Planning Authority confirming that the flood mitigation works have been constructed in accordance with the approved plans.

Reason: To ensure that the development site and adjacent land and property will not be subjected to unacceptable flooding in the interests of public safety and amenity.

67 Backaround PaDers:

Representation Letters

Letter from Mr & Mrs A Somers, 20 Southfield Avenue, Stane, Shotts received 16th August 201 1 Letter from Gregg McGuiness, 14 Southfield Avenue, Stane, Shotts received 24th August 201 1 Letter from Mr Andrew McCavitt, 12 Southfield Avenue, Shotts, ML7 5LP received 26th August 201 1 Letter from Mr William Hammond, 6 Southfield Avenue, Torbothie, Shotts received 8th August 201 1 Letter from Mrs Maggie Hyslop, 4 Buchanan Court, Cumbernauld Road, Stepps received 25th August 201 1 Letter from Miss Kathleen McCusker, 5 Southfield Crescent, Shotts, ML7 5LR received 18th August 201 1

Consultation Responses:

Memos from Transportation received I" September and 1Oth October 201 1. Memo from Protective Services received 17'h August 201 1. Letter from Scottish Water received 16'h August 201 1. Letter from Scottish Environment Protection Agency received 30thAugust 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

26'h October 201 1

68 APPLICATION NO. 11/00787/FUL

REPORT

1. Site Description

1.I The application site is triangular in shape and extends to approximately 0.45 hectares. The site is undulating and is bounded by well established single storey residential properties to the north west on Southfield Avenue, grassland to the east and by Cemetery Road to the south. Trees are located within the application site along the north western boundary and a unlit footpath runs the length of the eastern boundary. Reeds are located throughout the site, as a result of the marshy nature of the southern areas of the site.

2. Proposed Development

2.1 Planning permission is sought for the erection of seven detached dwellings on the site. Four of the dwellings are to be single storey with the remaining three being single storey with attic accommodation. The proposed layout of the development will result in the dwellings running parallel with those on Southfield Avenue. Plots 1 to 4 are to be the single storey dwellings, whilst plots 5 to 7 will be the single storey dwellings with attic accommodation. Access to the site is to be taken from Southfield Crescent

3. Applicant’s Sumortina Information

3.1 A planning statement and drainage report have been submitted in connection with the application.

4. Site Historv

4.1 There is no relevant site history on this site.

5. Development Plan

5.1 The site is identified as L3 (Protected Open Space) in the Southern Area Plan to which policy ENV6 applies.

5.2 The site is zoned as Policy HCFIA (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation have raised no objections subject to conditions relating to parking provision and the geometry of the road. Protective Services have requested the submission of a site investigation in accordance with BS 10175:2001. SEPA have raised no objections to the proposed development on flood risk grounds. Scottish Water have raised no objections to the development and have advised that there is capacity at the Daer Water Treatment Works to service the proposed development.

7. Remesentations

7.1 Six letters of representation have been received following the neighbour notification process. The points of objection are on the grounds of the adverse impact of additional traffic on the surrounding streets, the impact on privacy and amenity of adjacent dwellings and the impact of the development on the drainage of the site. A summary of the points raised is provided below:

1. The proposed development would adversely impact on privacy/amenity and light into the objectors property and the density of the development is greater than the

69 existing houses on Southfield Avenue and would adversely impact on the streetscape. 2. Concerns regarding drainage and flooding of the objector’s property should houses be built, due to past problems with flooding and concerns that the drainage system is already overworked in Southfield Crescent and Southfield Avenue . 3. The impact of traffic from the development on Southfield Crescent and Southfield Avenue. 4. The development would impinge on the trees along the rear boundary of the houses on Southfield Avenue and these should be protected and the houses would affect the open space leisure amenity which exists on Cemetery Road. 5. Adverse impact on property values. 6. Disruption during the construction phase of the development and clarification where construction vehicles would access the site from. 7. A fee has been paid to the Coal Board by an objector for the use of part of the application site for the past 25 years and wishes to lay claim to the land.

One of the letters of objection has requested that a site visit be carried out by the Planning and Transportation Committee.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application is not of strategic significance and therefore only requires to be assessed against the relevant Local Plan for this area.

8.2 The site is zoned as Protected Open Space in the Southern Area Local Plan to which Policy L3 applies. Policy L3 seeks to protect from development formal and informal public and private open spaces by resisting proposals which would adversely affect such spaces. An application for a residential development on the site is therefore contrary to Policy L3 as no acceptable justification has been provided.

8.3 The Finalised Draft North Lanarkshire Local Plan (FDNLLP) is a material consideration in the assessment of this application and zones the area as HCFlA Protecting Residential Areas. The application site adjoins a wider area of open space to the east of the site and to the south of the site across Cemetery Road. Cemetery Road acts as a natural boundary creating a defensible edge to the built up area. No adverse comments were received in relation to this site during the Finalised Draft Local Plan Stage and therefore significant weight can be attached to the allocation of the site within the settlement boundary of Shotts. Policy HCF1A, states that there is a presumption against developments detrimental to residential amenity in primarily residential areas. In principle the development would not adversely impact on residential amenity as it is a continuation of the residential area, adjacent to existing dwellings. Additional housing at this location would not adversely affect the amenity enjoyed by the existing or proposed dwellings in the vicinity. The principle of the application is therefore acceptable subject to its detailed assessment against policies DSPI -4.

8.4 Policy DSP1 Amount of Development is not relevant to this proposal as the application as the development is below the threshold for justification. Policy DSP2 Location of Development is also not relevant as the development meets the location criteria. Similarly the development does not require to be assessed by Policy DSP3 given the minimal scale of the development.

8.5 Policy DSP 4 Quality of Development states that development will be permitted where sustainable design standards and site planning are achieved. In particular, proposals will need to demonstrate that: an appraisal has been carried out on the existing character and features of the site and a high quality development is achieved with

70 design principles which lead to the creation of a distinct, successful place addressing siting, overall layout, density, form, scale, height, massing, proportion, detailing, materials and open space issues. Developments are also required to integrate successfully into the local area avoiding harm to the neighbouring amenity, avoiding adverse impact on adjacent properties through over looking, loss of privacy or amenity, overshadowing, noise or disturbance. The provision of roads, access and parking also requires to be assessed by Policy DSP4.

8.6 The development is to run parallel with the dwellings on Southfield Avenue following the established built form. Whilst the plot dimensions of the existing dwellings are generous, the proposed dwellings are all found to generally comply with the Council’s open space standards around dwellings. Plots 1-4 are approximately 1 metre short on the preferred 10 metre minimum garden depth, however as the window to window distance is in excess of 18 metres and the dwellings would be single storey, it is considered that the rear garden areas in excess of 150 square metres are acceptable. The rear garden depth of plot 5 is to measure 5 metres, however the side area of the plot is to be utilised as useable garden ground, increasing the garden area similarly in excess of 150 square metres. Plot 5 is proposed to be single storey with attic accommodation with windows on the front and rear gable elevations. Given the large rear gardens of the dwellings on Southfield Avenue, the window to window distance remains well in excess of 18 metres. Plots 6 and 7 would be single storey with attic accommodation, however there are no issues of overlooking as the requirements of the open space guidelines are adhered to. In terms of the detailed design elements of the proposed dwellings, a combination of render, facing brick and interlocking roof tiles are proposed, conditions are proposed to seek final confirmation of the proposed materials. The density, scale, height, proportioning and window detailing are all found to be acceptable. The development would require the removal of the trees located in the western corner of the site, however their loss would be balanced through additional structured planting around the southern and eastern section of the site. A planning condition is to be utilised to secure the submission of a landscaping and implementation scheme for these areas. With regards to the proposed access into the site, Transportation have raised no objections to the proposed road layout, following amendments to the forward visibility at of the bend adjacent to plot 5. Each dwelling also makes provision for a 15 metre driveway for the parking of 3 vehicles as per the requirements of Transportation. A turning facility is also provided within the site which also includes for 2 visitor parking bays. It is therefore considered that the proposals are acceptable in terms of policy DSP4.

Consultations

8.7 Transportation raised no objections to the application, subject to conditions, details of which have been discussed in paragraph 8.6 above. A condition is proposed to secure the submission of a detailed site investigation and remediation strategy prior to the start of works on site. No objections were raised by SEPA or Scottish Water with regards to flood risk or foul and surface water drainage and standard conditions with regards to self certification are proposed to secure the submission of final confirmation from both Scottish Water and SEPA.

ReDresentations:

8.8 In terms of the objections raised, I would comment as follows:-

1. The impact on privacy and amenity has been discussed in paragraph 8.6 above. It is acknowledged that the density of the development is greater than the established housing area to the north of the site, however the proposed density is considered acceptable when accessed against policy DSP4 of the Finalised Draft North Lanarkshire Local Plan. 2. Scottish Water and SEPA have raised no objections on the grounds of flooding. Furthermore, finalised details in connection with drainage are required to be submitted through planning conditions and Scottish Water have advised that

71 there is capacity to serve the site. 3. As detailed in paragraph 8.6, Transportation have raised no objections. Furthermore adequate off street parking for 3 vehicles per plot is proposed, in addition to visitor parking and a turning facility. 4. The trees on the north western boundary of the site are not protected by a tree preservation order. In compensation for these trees a suitable landscaping proposal is to be secured via planning conditions. Whilst the development would result in a reduction of open space, the land had a low amenity value given the issues associated with standing water in the southern section of the site. A defensible edge is created by Cemetery Road and the principle of the development is supported by the Finalised Draft North Lanarkshire Local Plan. 5. The impact on property values is not a material consideration. 6. Access for construction vehicles is also not a material consideration. 7. A claim of ownership to the section of ground to the rear of an objector’s property is classed as a civil matter between the owner of the land and the objector.

9. Conclusions

9.1 In conclusion, this application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance I am satisfied that justification exists for departing from the approved zoning of the site as Protected Open Space within the Southern Area Local Plan (2008). The proposed development will contribute to the rounding off the settlement boundary of Shotts as identified in the Finalised Draft North Lanarkshire Local Plan, which has been publicised. Following the detailed assessment of the application, I consider that the proposed development is acceptable when considered against the relevant policies of the Finalised Draft North Lanarkshire Local Plan. In terms of the proposed layout and detailed design elements I am satisfied that the layout is acceptable and that the proposed conditions can direct the development in a satisfactory manner. I therefore recommend that the application be granted subject to conditions.

72 Application No: Proposed Development:

I 1/00863/FUL Change of Use of Industrial Unit from Light Engineering to Used Car Sales

Site Address:

Unit 4 & 5 Block 2 Roseberry Road Chapelhall Industrial Estate Chapelhall

Date Registered:

5th August 201 1

Applicant: Agent: MFD Car Sales Ltd Jack Wright Design Services Mr Martin Downey Pollokwood House Units 4 & 5, Block 2 451 Kennishead Road Chapehall Industrial Estate Glasgow Roseberry Road G43 1BE Airdrie ML6 8QH

Ap plicat ion Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 1 Airdrie South No letters of representation received. Michael Coyle, Thomas Curley, David Fagan, John Love,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal is for a sui generis use in variance with the ECON2 designation of the site. However, it is considered that the proposal broadly complies with the spirit of ECON 2 and EDI1A which aim to protect the character and attractiveness (to business users) of industrial estates. As there is no external sales proposed and it is an internal showroom only there is no significant concern that the nature of the business (Second Hand Car Sales) could give rise to a significant change to the character of the location and affect its overall attractiveness for business and industry. Furthermore, Permitted Development rights have been removed in the former Monklands area by an Article 4 Direction so that car sales businesses cannot change to general retail without requiring planning permission so secondary retail development can be effectively controlled. Also there are no concerns regarding traffic generation, access and parking.

73 Produced by Planning and Development dnance Survey Change of Use of Industrial Unitfrom Light mcenumber 1ooo23396. Cumbernauld Engineering to Used Car Sales. 067 1Jw v Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number AL(90)Ol.

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

2. That the visitor and staff parking spaces as illustrated and annotated on the approved drawing AL(90)Ol shall be painted out and thereafter maintained as visitor and staff car parking spaces with no external display of vehicles for sale.

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

3, That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

Backaround Papers:

Consultation Responses:

NLC Traffic & Transportation received 15'h September 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 6325 19

Report Date:

18th October 201 1

75 APPLICATION NO. 11/00863/FUL

REPORT

1. Site Description

1.I The application site lies close to the northern corner of Chapelhall Industrial Estate at the corner of Moncreiffe Road and Roseberry Road. There is access from Hogg Road to the west of the site and Roseberry Road to the east. The premises in question is a portal steel frame building amalgamating units 4 and 5 of Block 2 within the industrial estate. It forms the northern most units within a range of six industrial units. There is an external front forecourt fronting onto Hogg Road and a rear access yard and dedicated parking spaces on the Roseberry Road side of the premises.

1.2 Chapelhall industrial estate is a well established industrial area and has a range of manufacturing and industrial uses as well as a cluster of car related uses including car sales, trade counters, and businesses attending to particular automotive parts and services.

2. Proposed Development

2.1 The proposed development is for Change of Use of Industrial Unit from Light Engineering to Used Car Sales. The application is in retrospect, in that the premises are now occupied by MDF Car Sales Ltd, although the applicant has stated that no trading has taken place within the site and that it is being used for storage and valeting of cars. The applicant has been trading from unit 8, block 7 within the industrial estate for a number of years and intends to continue trading from the original premises.

2.2 The applicant intends to use the site in question as an additional trading premises but with an internal showroom to counteract winter weather conditions. Nine Customer parking spaces (two disabled) are proposed within the forecourt fronting onto Hogg Road with three additional staff parking spaces to the rear accessed from Roseberry Road.

3. Applicant’s Sumortina Information

3.1 The applicant has submitted supporting information relating to the application. The applicant has provided information regarding existing established car sales businesses within the industrial estate. This includes three existing car sales businesses including his existing business at Block 7 Unit 8. The applicant also listed three other car sales businesses in close proximity to Chapelhall Industrial Estate. The applicant has also stated that there is a tyre sales business located within the industrial estate.

4. Site History

4.1 There is no relevant planning history for the site, although the units in question where previously occupied by a plastics light engineering company.

5. Development Plan

5.1 The proposal raises no strategic issues and can be assessed in terms of the relevant Local Plan policies.

5.2 The site is covered by Policy ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991, This policy supports the retention of the existing character of the area by, amongst other factors, ensuring that suitable parking, servicing, and amenity is met. There is also a general presumption to resist retail outlets (including car sales).

76 5.3 The zoning of the site and policy position is not altered by the Finalised Draft North Lanarkshire Local Plan. Policy EDll A1 (Protecting Economic Development and Infrastructure Resources).This designation reiterates the focus on the industrial character of the area but revises it to a more general industrial and business character. It emphasises that development should not undermine the attractiveness of the area as a location for business and industry and that the proposal should show a specific locational need for the development. The North Lanarkshire Local Plan does not specify a scale to which these concerns would apply.

6. Consultations

6.1 A consultation response was received from the council’s Head of Roads and Transportation expressing no objections subject to conditions. The conditions are standard relating to the access that the existing visibility splay shall be maintained on Hogg Road with no car to be prepared or displayed for sale on the public road or footway. In terms of parking, a minimum of 3 visitor/customer/staff car parking bays per 100 square metres of display space is required (approximately 3 spaces for every 10 cars displayed with 6% of these being suitable for use by the mobility impaired (minimum 2)). These bays should be clearly marked and kept free from display vehicles. A 6 metre wide access aisle should be maintained at the parking bays. The Head of Roads and Transportation confirmed that Moncrieff Road & Roseberry Road are maintained as part of the public road network. Hogg Road is private.

7. Rewesentations

7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of objection have been received.

8.

8.1 Section 25 of the Town & 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 Development Plan -Policy ECON 2 in the Monklands District Plan supports the retention of the existing character of the area by, amongst other factors, ensuring that suitable parking, servicing, and amenity is met. There is also a general presumption to resist retail outlets (including car sales). ECON2 suggests a presumption against car sales and is based upon a concern that such a use has the potential to significantly alter the character of an industrial site and its surroundings. In this case, the key consideration is whether the change of use of these particular units would adversely impact on the overall industrial character of the estate. In this regard, the unit is located away from the main thoroughfare and is relatively small compared with the overall Industrial Estate. This proposal is for internal car sale and display only and as such, it is considered that the overall character or viability of the industrial estate would be adversely affected, particularly taking into consideration the other automotive businesses within the estate and surroundings.

8.3 Policy TR 9 (Car Parking and Roads Standards) in the Monklands Local Plan 1991 is also relevant to the assessment of the proposal. With regard to the comments of council’s Head of Roads and Transportation, the existing access visibility is acceptable. In terms of parking, the applicant proposes a total of 12 spaces (two disabled). The proposed internal display/sales area is 396 square metres, which equates to 12 spaces in terms of council parking standards. The proposal is therefore considered to be satisfactory in this regard. With regard to maintaining the parking spaces and having no external display/sales area, this can be controlled by condition and is part of the resultant approved layout drawing. In this regard, the proposal is considered to comply with policy TR 9 (Car Parking and Roads Standards) in the Monklands Local Plan 1991.

77 8.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan which zones the site within Policy EDIlA (Protecting Economic Development and Infrastructure Resources) in the North Lanarkshire Local Plan Finalised Draft emphasises that development should not undermine the attractiveness of the area as a location for business and industry and that the proposal should show a specific locational need for the development. The proposal does not include details of a particular need at this location. However, the potential affect of the proposal on the attractiveness of the location for business and industry is the main consideration.

8.5 However, as noted against ECON2 and subject to the parking and servicing concerns, the relatively small scale of the proposal, its internal sales focus, and the remoteness of it from a main thoroughfare or prominent gateway allows some confidence that the character of the surrounding industrial and business area would not be significantly adversely impacted to the detriment of its attractiveness as a location for industry and business. It must also be recognised that Chapelhall Industrial Estate includes a clustering of automotive businesses and there may be some benefit to these existing businesses due to the conglomeration. In terms of industrial land supply the proposal does not replace an existing business but fills vacant units left by the previous light industrial user.

8.6 The main consideration is whether the proposal would affect the character and attractiveness for businesses of Chapelhall Industrial Estate. The external display of vehicles could give rise to a significant change to the character of the industrial estate and affect its overall attractiveness for business and industry inconsistent with the aims of ECON2, TR9 and EDI1A. However, as the proposal is for an internal sales and display showroom, the site is not prominent and there is an existing cluster of similar car sales and automotive uses, it is considered that the character of the industrial estate will not be affected by the proposal. As such, it is considered that the proposal broadly complies with the aims of ECON2, EDIIA and TR9. Furthermore, as there is an Article 4 Direction which removes Permitted Development Rights for Car Sales to Class 1 retail, it is considered that any secondary retail development can be effectively controlled.

9. Conclusions

9.1 In this case, there is no external sales proposed and it is an internal showroom only. In this case as it is an internal sales area only there is no significant concern that the nature of the business (Second Hand Car Sales) could give rise to a significant change to the character of the location and affect its overall attractiveness for business and industry, The business in question has been trading for a number of years from the industrial estate, as have two other car sales businesses. Although the car sales business is a type of retail use, it is considered that due to the historical background and character of the industrial estate, it is acceptable in this case. Additionally, Permitted Development rights have been removed in the old Monklands area by an Article 4 Direction so that car sales businesses cannot change to general retail without requiring planning permission. Also there are no concerns regarding traffic generation, access and parking. It is therefore recommended that consent be granted.

78 Application No: Proposed Development:

11/00926/FUL Erection of a Greenhouse Extension to Front of Flat

Site Address:

2A Kelso Quadrant Summerlee Coatbridge ML5 1QZ

Date Registered:

5th September 201 1

Applicant: Agent: Mr Gerard Gollogley N/A 2A Kelso Quadrant Summerlee Coatbridge ML5 1QZ Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 006 Coatbridge North And Glenboig 3 letters of representation received. Martin McWilliams, William Shields, Peter Sullivan,

Recommendation: Approve

Reasoned Just if ication :

The proposal complies with HG 9 (Housing Policy for Existing Residential Areas) and the Development Control Advice within the Monklands District Local Plan 1991. The location, design, scale and materials of the greenhouse are considered to be acceptable and the proposal will not detract from the residential amenity of the application site or the surrounding area. The impact on neighbouring properties is considered to be acceptable.

79 PLANNING APPLICATION 11/00926/FUL Reproduced by permission Produced by of the Ordnance Survey on Planning and Develoment behalf of HMSO @Crown Erection of a Greenhouse Extension to Copyright and database right Front of Flat (In Retrospect) 2009 All rights reserved Ordnance Survey Licence number 1000233% 2A Kelso Quadrant, Summerlee, Coatbridge Curnbernauld G67 1JW v * Representation 80 Backaround Papers:

Representation Letters Letter from Linda McKechnie, 28 Kelso Quadrant, Summerlee, Coatbridge received 29th September 201 1 Letter from Lisa Kelly, 2C Kelso Quadrant, Summerlee, Coatbridge received 29th September 201 1 Letter from Ann Davidson, 2D Kelso Quadrant, Summerlee, Coatbridge received 29th September 201 1

Consultation Responses: None

Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 632508

Re ort Date: 24' R October 201 1

81 APPLICATION NO. 11/00926/FUL

REPORT

1. Site Description

1.I The application site is a flatted property with a front garden located at 2 Kelso Quadrant, Coatbridge within an established residential area. The flatted property forms part of a four-in-a-block with rendered elevations and a concrete tiled roof. The property has been previously extended to the side and there is an existing side vehicular driveway to the site. The application site is bounded on all four sides by residential properties of a similar age, style and materials.

2. Proposed Development

2.1 This application seeks full planning permission for the erection of a greenhouse extension to front of flat (in retrospect). The greenhouse is a single storey lean-to structure measuring 2.3 metres long by 2.1 metres wide and a height of 2.1 metres which is predominately glazed with timber framing.

3. Site History

3.1 The application site has been the subject of a number of applications of which the details are as follows:

04/0016O/FUL Erection of Extension to Side of Flat to Form Sun Room - Approved 17'h March 2004. 0 05/00446/FUL Erection of Extension to Existing Sunroom - Approved 26'h May 2005.

3.2 This greenhouse structure was brought to our attention by a complaint resulting in a letter being sent out on 21" July 2011 requiring the submission of a planning application for the structure. The current application was submitted by the applicant in an attempt to regularise the planning position.

4. Development Plan

4.1 The application raises no strategic issues; it can be assessed in terms of the local plan policy.

4.2 In terms of the Monklands District Local Plan 1991 the site is covered by policy HG 9 (Existing Housing).

6. Reoresentations

6.1 Following the standard neighbour notification processes, three letters of representation have been received which object to the proposal due to the retrospective nature of the development; the greenhouse being an eyesore and consider that the structure should be removed.

7. Plannina Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is of no strategic importance the relevant development plan would be the Adopted Monklands District Local Plan 1991.

7.2 DeveloDment Plan: Adopted Monklands District Local Plan 1991: The relevant policy with regards to this site is Policy HG 9 (Housing Policy for Existing Residential Areas)

82 which states that development should not adversely affect the amenity of the area, should be ancillary to the residential nature of the area and that house extensions will generally be permitted so long as they comply with Design Guidance outlined by the Planning Authority. This states that the size of the extension should not be so large as to overwhelm the existing dwelling and should not adversely affect neighbouring properties in terms of loss of privacy or sunlightldaylight.

7.3 The greenhouse to front of property is considered acceptable in design, scale and siting. The greenhouse would not overwhelm or dominate the existing flat. It is noted that the greenhouse is temporary in nature and can be easily be removed in future. The greenhouse, although in a prominent location, is not considered to adversely affect the visual appearance of these frontages from the road or the amenity of the area. For this reason the proposal would comply with Policy HG9 of the Adopted Monklands District Local Plan 1991.

7.4 Other Material Considerations: Finalised Draft North Lanarkshire Local Plan: The policy for this area remains consistent with the Adopted Monklands District Local 1991 and therefore would raise no additional considerations. Any application of this nature should also be considered against policy DSP 4 (Quality of Development). Given that the development relates to an established residential unit, the most relevant consideration within this policy would point 3 part d which states that a development should integrate successfully into a local area without causing harm to residential amenity in terms of overlooking, loss of privacy, overshadowing, noise or disturbance. As stated previously it is considered that this development would not adversely affect the residential amenity of the area and consequently would accord with this policy. The points of consideration within this policy will be addressed in the following sections.

7.5 Effect on Local Amenity: The greenhouse is located to the front of the existing property, sufficient distance from the neighbouring property’s garden ground. Due to the size and location of the structure, the greenhouse will not significantly affect existing privacy, sunlightldaylight or the general amenity of the area. It is considered that the greenhouse extension to the front of the property will result in a not detrimental to the residential amenity of the local area.

7.6 Representations: In relation to the grounds of objection the following comments can be noted:

Point of Objection: The greenhouse does not benefit from planning permission or residential permission from 28, 2C or 2D Kelso Quadrant.

Comment: This current planning application seeks to regularise the breach of planning control and there no requirement to seek permission for the development from the residents of the neighbour properties.

Point of Objection: The building is an eye sore and should be removed.

Comment: It is noted that the greenhouse is basic in design, however, it does not result in a detrimental impact on the amenity levels currently enjoyed by the residents of the neighbouring properties and, on balance, considered acceptable in this instance.

8. Conclusions

8.1 The greenhouse dwellinghouse is acceptable and in accordance with the criteria stipulated in policy HG 9 (Housing Policy for Existing Residential Areas), the Development Control Advice within the Monklands District Local Plan 1991 and policies HCF 1 and DSP 4 within the Finalised Draft North Lanarkshire Local Plan. The greenhouse is considered acceptable in scale, height and design and would not result in a detrimental impact on the street scene. It is considered that the points of

83 objection would not raise any issues which would warrant the refusal of the application and therefore it is recommended that the application be approved.

84 Application No: Proposed Development:

11/00940/FUL Installation of New Shopfront Site Address:

54 - 56 Castlehill Road Overtown Wishaw ML2 OQS

Date Registered:

5th September 201 1

Applicant: Agent: A. B Ashraf Kerr McDougall 159b Netherton Road Unit 27 Wishaw Carfin Industrial Estate Motherwell

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw 5 letters of representation received. Clare Adamson, Samuel Love, Frank McKay, John Pentland,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development meets the criteria set out in the retail and residential policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009. The proposed development is acceptable in terms of its impact upon the property and the surrounding residential area.

85 Aayng Field

Reproduced by permission PLANNING APPLICATION 11 /0094O/FUL N Produced by of the Ordnance Survey on Planning and Development behalf of HMSO @Crown Installation of New Shopfront Environmental Sew Copyright and database right North Lanarkshire C 2009 All rights reserved Fleming House rbhire Ordnance Survey 54 - 56 Castlehill Road, Overtown, Wishaw. 2 Tryst Road counci Licence number 100023396 Cumbernauld * Representation G67 1JW 86 Proposed Conditions:-

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

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

2. 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.

Reason: To clarify the drawings on which this approval of permission is founded.

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

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

4. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

87 Backaround Papers:

Representation Letters

Letter from Mr Stuart Smith, 53 Castlehill Road, Overtown, ML2 OQS received 27th September 201 1 Letter from Mr Peter Smellie, 55 Castlehill Road, Overtown, ML2 OQS received 27th September 201 1 Letter from Mrs Moira Kerr, 50 Castlehill Road, Overtown, ML2 OQS received 27th September 201 1 Letter from Mr Graham Hall, 52 Castlehill Road, Overtown, Wishaw received 5th October 201 1 Letter from Mrs Clare Hall, 52 Castlehill Road, Overtown, Wishaw received 1gth October 201 1 via Councillor Pentland

Consultation Responses:

Memo from Traffic & Transportation Section received 6'h October 201 1

Contact Information:

Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01698 274102

Report Date:

18th October 201 1

88 APPLICATION NO: 11/00940/FUL

REPORT

1. Site Description

1.I The application site is a single storey shop unit with an attached dwelling to the rear of 54-56 Castlehill Road, Wishaw. The application site is bounded by residential dwellings to the east, west and south and by the changing pavilion and associated sports pitches to the north.

2. Proposed Development

2.1 Planning permission is sought for the installation of New Shopfront to the existing building. The alterations would include replacing the existing three small windows for two larger glazed windows either side of the entrance door. The entrance would remain in its current location. The existing non-illuminated fascia signage located above the doorway would increase in length from 3m to 8.5m but would remain non- illuminated.

3. Applicant's Supportinu Information

3.1 None received

4. Site History

4.1 Planning permission (10/0141I/FUL) for Change of Use from Dwellinghouse to Shop and Erection of Extension to Shop to Form Storage Area was refused 3rdMarch 201 1 due to road safety issues. Planning permission (1 1/00301/FUL) for Part Change of Use of Dwelling to Form Retail Floorspace of Associated Class 1 Retail Unit and Installation of New Shop Front and Installation of ATM was also refused on I" June 201 1 again due to road safety issues.

5. Development Plan

5.1 The application site is designated as policy RTL6 (Secondary Village and Neighbourhood Commercial Areas) in the Southern Area Local Plan (2008). Policy RTLIO (Design Guidance for Commercial Frontages) is also relevant to the proposal.

5.2 The application site is designated as HCFIA (Residential Amenity) of the Finalised Draft North Lanarkshire Local Plan (2009). Policy DSP4 (Quality of Development) is also relevant to the proposal.

6. Consultations

6.1 The Traffic and Transportation Section confirmed they have no objections to the proposal.

7. Representations

7.1 5 letters of representation has been received. The objections can be summarised as follows:

1. The planning application was factually inaccurate and deliberately misleading in its description of the proposal in that the internal reconfiguration of the shop unit and alterations to increase the trading floor space were omitted.

2. The internal changes and installation of new shopfront would attract more customers which would have an adverse impact on parking, road safety, access to surrounding properties and ability to manoeuvre.

89 3. Two previous applications to extend the trading floorspace of the proposed site were also previously refused as they failed to meet local plan policies RTL4 and TR13.

4. The increase in parking and road traffic will result in considerable loss of privacy and amenity of surrounding residential properties throughout the day.

5. The current shopfront is more in keeping with the tone of the residential area within which it is situated. a. Planni nu 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 application raises no strategic issues; it can therefore be assessed in terms of the local plan policy. The site is zoned as policy RTLG (Secondary, Village and Neighbourhood Commercial Area) in the Southern Area Local Plan (2008). Policy RTL10 (Design Guidance for Commercial Frontages) is also relevant. The site is also zoned as policy HSGlA (Residential Amenity) of the Finalised Draft North Lanarkshire Local Plan (2009). Policy DSP4 (Quality of Development) is also relevant to the proposal.

Southern Area Local plan 2008

8.2 Policy RTLG (Secondary Village and Neighbourhood Commercial Areas) - The proposed site is currently operating as a retail unit and is considered acceptable under the criteria set out in policy RTLG subject to assessment against the requirements of policy RTLl0.

8.3 Policy RTL10 (Design Guidance for Commercial Frontages) - seeks to encourage shopfront designs that are in character with their surroundings and visually sympathetic to the building they are part of in terms of materials, colour scheme and window size. The alterations to the shopfront are considered acceptable in terms of the scale and nature of the building and it is considered that the finished frontage would not be detrimental to the visual amenity of the area. Given the above, the proposal is held to comply with policy RTL10

Finalised Draft North Lanarkshire Local Plan 2009

8.4 Policy HSGlA (Residential Amenity) - lists criteria that the Council consider acceptable and of an ancillary nature to a residential area including retail for local needs. The proposal therefore complies with policy HSG1A.

8.5 Policy DSPI Amount of Development is not relevant to this proposal as the development is below the threshold for justification. Policy DSP2 Location of Development is also not relevant as the development meets the location criteria. Similarly the development does not require to be assessed by Policy DSP3 given the minimal scale of the development. Policy DSP4 (Quality of Development) - lists criteria that will be considered acceptable including where high quality development is achieved and integrate successfully into the local area avoiding harm to the neighbouring amenity. As mentioned in paragraph 8.3 above, the proposal is considered acceptable in terms of the requirements of policy DSP 4.

Representations

8.6 In response to the points of representations I would comment as follows:

1. The internal changes proposed by the applicant would involve the removal of

90 the shop units’ storage and staff kitchen area, measuring approximately 15 square metres, to form part of the retail trading area. No change of use application is required as these changes are an internal reconfiguration and therefore were not detailed on the planning application.

2. The increase in retail space is noted however this internal change does not require planning consent and cannot be assessed as part of this application. The Traffic and Transportation Section have confirmed they have no objections to the proposed installation of the new shopfront as mentioned in paragraph 6.1.

3. In contrast to the current proposed installation of shopfront application, the previous refused applications related to applications to increase the overall floorspace. Therefore the previous applications cannot be considered as material planning considerations when assessing this current proposal.

4. The loss of privacy and amenity through the increase in parking and road traffic is not relevant to the current assessment of the proposed installation of a shopfront and therefore cannot be considered as part of this application.

5. The scale and design of the proposal has been considered to be acceptable as discussed in paragraph 8.3.

9. Conclusions

9.1 The proposed development meets the criteria set out in the retail and residential policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan 2009. The design and scale of the alterations are considered acceptable and it is considered that the development would not adversely affect the visual amenity of the area. The concerns of the objectors are addressed above in paragraph 8.6. I therefore recommend that the application be approved subject to the attached conditions.

91 Application No: Proposed Development:

1I /00953/FUL Change of Use from Business Unit to Car Sales/Showroom Site Address:

lmex Business Centre 260 Main Street Coatbridge North Lanarkshire

Date Registered:

1st September 201 1

Applicant: Agent: Mr Robert McGregor Stanley C Cook MRTPl C/o 12 Beveridge Terrace 12 Beveridge Terrace Mossend Mossend Bellshill Bellshi1 I ML4 2RJ ML4 2RJ

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 0 Coatbridge South No letters of representation received. James Brooks, lan Ferrie, John Higgins,

Recommendation: Approve subject to Conditions

Reasoned Justification :

Although the proposal does not accord with the Monklands District Local Plan 1991 and the Finalised Draft North Lanarkshire Local Plan in respect of policies ECON 2 and EDIIA, it does accord with the spirit of those policies which seek to protect the character and attractiveness (to business users) of industrial estates. It is considered that this proposal would give rise to no significant concern that the nature of the business (car sales) could give rise to a significant change to the character of the location and affect its overall attractiveness for business and industry. Permitted Development rights have been removed in the old Monklands area by an Article 4 Direction so that car sales businesses cannot change to general retail without requiring planning permission so secondary retail development can be effectively controlled. Whilst there are no serious concerns regarding traffic impacts into the site, it is considered that the creation and use of the remote car park at the west end of the site would be the cause of conflict between pedestrians and vehicles and it is considered that the west car park element alone is unacceptable.

92 Planning Application No 11/00953FUL Mr Robert McGregor lmex Business Centre, 260 Main Street, Coatbridge Change of Use from Business Unk to Car S alesl S howroom

93 Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the approved drawings.

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

2. That the proposed car park area at the west side of the application site (marked as “24 parking spaces” on approved plans) does not form part of this planning permission, and for the avoidance of doubt this area shall not be used as a parking and or sales area associated with the proposed development.

Reason: To define the permission and to prevent pedestrian/vehicular conflict in the interests of road safety.

3. That before any works commence on site, a scheme of parking for the area immediately to the east of the proposed car sales area (marked as “22 parking spaces” on approved plans) shall be submitted to the Planning Authority for its prior approval. For the avoidance of doubt, this shall show adequate numbers of parking spaces for use by staff and customers of the proposed development. The number of spaces allocated for staff and customers shall equate to 3 spaces per 100 sq m of display area or any other number agreed in advance by the planning authority. These spaces shall then be painted out before the car sales comes into use and thereafter be maintained as visitor and staff car parking spaces and not for the display of cars for sale.

Reason: To define the permission and to ensure adequate parking provision in the interests of road safety.

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

5. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

94 Backaround Papers:

Representation Letters None

Consultation Responses:

Traffic & Transportation Environmental Health (including Pollution Control)

Contact Information:

Any person wishing to inspect these documents should contact Mr lan Johnston at 01 236 632509

Report Date: 27th October 201 1

95 APPLICATION NO. 11/00953/FUL

REPORT

1. Site Description

1.1 The application premises forms part of an established block of Industrial type buildings (3 of) located on the south side of Main Street, Coatbridge to the west of Coatdyke Cross. The application unit is currently occupied in part by an industrial operation with the western part of the larger building occupied by ‘Howdens’ (kitchen wholesalers) and the central unit unoccupied at this time. A large distillery operation is located directly to the east of the application site and that use utilises the same vehicular access onto Main Street. The adjoining distillery has planning permission for housing although there is no indication at this time that development is likely to commence in the foreseeable future.

2. Proposed Development

2.1 The proposal seeks to change the usage of the eastern part of an existing industrial type building to that of a car sales/showroom use. The proposal will retain a small element of office use within the building to serve the proposed car sales/showroom use and while the applicant has intimated that only minimal alterations are proposed to the external structure of the building to allow it to be utilised as a showroom, no details have been submitted on any proposed alterations to the building. No details have been submitted in respect of any external display of vehicles although the applicant has indicated that 22 parking spaces are available immediately to the east of the unit with an additional 24 spaces to be created within an overgrown area to the west of the site.

3. Applicant’s Sumottina Information

3.1 In support of this application the applicant has provided the following additional information:

This development is a relocation of the applicants existing operation from its present location at Carlisle Road, Airdrie. All new parking areadbays will be marked out on site within the identified areas. Other identified alternative sites for car sales are no longer available as a site at Plains is now a car wash facility, a site at Lock Street has been identified for another use by third parties and the preferred site at Coatbank Way was recently refused planning permission by the Council.

4. Site History

4.1 Previous planning applications relating to this site are as follows:

0 01/00557/FUL Change of Use of Factory Unit to Nursery/Care Unit - Refused 21 .I1.2001 0 01/009OO/FUL Use of Vacant Factory Premises as Storge and Distribution Unit (Class 6) Including Ancillary Trade Counter and External Alterations - Granted 19.09.2001 0 02/00769/FUL Change of Use of Factory Unit to Gymnasium - Refused 9.1 0.2002 0 04/02035/FUL Change of Use of Unit to Class 6 (Storage and Distribution) Use - Granted 24.1.2005.

96 5. Development Plan

5.1 The application site is located within an area designated as ECON 2 (Existing General Industrial Areas) in the Monklands District Local Plan 1991. There are no strategic implications and the application will therefore be considered in relation to Local Plan Policy.

6. Consultations

6.1 The Transportation Section has advised that the access road serving the application site is private and has offered no objection to this proposal on condition that no vehicles are displayed on the public road or footway and that the required level of visitor/customer/staff car parking bays are provided.

7.

7.1 Following the standard neighbour notification procedures and public advertisement no letters of representation were received.

8. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise.

8.2 Material Considerations - Glasgow and the Clyde Valley Joint Structure Plan 2006: It is considered that the proposal is below the likely significant threshold set by Schedule 9, being of no strategic significance and must therefore be assessed against the relevant Local Plan policies.

8.3 Development Plan - Adopted Local Plan - Monklands District Local Plan 1991 including the Finalised First Alterations A, B & C 7996: Policy ECON 2 in the Monklands District Plan supports the retention of the existing character of the area by, amongst other factors, ensuring that suitable parking, servicing, and amenity is met. ECON2 suggests a presumption against car sales and is based upon a concern that such a use has the potential to significantly alter the character of an industrial site and its surroundings. In this case, the key consideration is whether the change of use of these particular units would adversely impact on the overall industrial character of the estate. In this regard, the unit is located to the south of Main Street and not visible from that roadway. While this proposal involves both internal and external car sale and display all external display will be limited to the existing parking area located directly adjacent to the unit. As such, it is not considered that the overall character or viability of the industrial estate would be adversely affected.

8.4 Policy TR9 supports the provision of adequate and appropriate car parking and road standards. Notwithstanding the lack of detailed information available in respect of how the building would be utilized as a showroom, including vehicle access to the building, the proposed level of parking spaces to be provided to serve this proposed use and the retained industrial premises is considered acceptable and the proposal is therefore considered to be satisfactory in this regard. With regard to maintaining the proposed level of parking spaces this can be controlled by condition in any planning consent. In this regard, the proposal is considered to comply with policy TR 9 (Car Parking and Roads Standards) in the Monklands Local Plan 1991. Further comment on the remote car parking area to the west of the site can be found in paragraph 8.8 below.

8.5 Other Material Considerations - Emerging Local Plan - Finalised Draft North Lanarkshire Local Plan: : A material consideration is the Finalised Draft North Lanarkshire Local Plan which zones the site within Policy EDIlA (Protecting Economic Development and Infrastructure Resources) in the North Lanarkshire Local

97 Plan Finalised Draft emphasises that development should not undermine the attractiveness of the area as a location for business and industry and that the proposal should show a specific locational need for the development. The proposal does not include details of a particular need at this location. However, the potential affect of the proposal on the attractiveness of the location for business and industry is the main consideration.

8.6 However, as noted against ECON2 and subject to the parking and servicing concerns, the relatively small scale of the proposal, and the physical screening of it from a main thoroughfare allows some confidence that the character of the surrounding industrial and business area would not be significantly adversely impacted to the detriment of its attractiveness as a location for industry and business. In terms of industrial land supply the proposal does not replace an existing business but fills vacant units left by the previous light industrial user.

8.7 The main consideration is whether the proposal would affect the character and attractiveness for businesses of this industrial area. The site is not prominent and it is considered that the character of the industrial estate will not be affected by the proposal. As such, it is considered that the proposal broadly complies with the aims of ECON2, EDIlA and TR9. Furthermore, as there is an Article 4 Direction which removes Permitted Development Rights for Car Sales to Class 1 retail, it is considered that any secondary retail development can be effectively controlled.

8.8 Plannina Hisfont It is relevant to note that previous planning applications relating to the application premises included proposals to utilise it as a NurseryICare Unit (ref:01/00557/FUL) and as a Gymnasium (ref:02/00769/FUL) both of which were refused on the grounds of adverse impact on the predominantly industrial character of the area and the lack of segregation between vehicles and pedestrians to the detriment of road safety. It is clear that the impact of these community and leisure uses on the industrial character of the area would be much more significant that for the car sales proposed. Also, whereas the nature of those previous proposals would result in a significant increase in pedestrian movement around the site on a section of shared surface private access road the current submission would primarily involve car borne patrons. However, there is concern that the siting of the remote car park at the west of the site would result in high levels of pedestrian traffic in and around the adjoining commercial businesses which would be to the detriment of safety. It is considered that this risk is sufficiently high to merit the deletion of the westerly car park from any planning permission. This can be addressed by planning condition.

9. Conclusions

9.1 In conclusion, it is considered that there is no significant concern that the nature of the business (Car Sales) could give rise to a significant change to the character of the location and affect its overall attractiveness for business and industry, The business in question has been trading for a number of years from the industrial estate, as have two other car sales businesses. Additionally, Permitted Development rights have been removed in the old Monklands area by an Article 4 Direction so that car sales businesses cannot change to general retail without requiring planning permission. Also there are no concerns regarding traffic generation, access and parking. It is therefore recommended that consent be granted.

98 Application No: Proposed Development:

11 /00990/AMD Substitution of Flatted Development with 37 Detached, Semi- Detached and Terraced Dwelling Houses (Amendment to 07/01534/FUL) Site Address:

Former Motherwell College Dalzell Drive Motherwell

Date Registered:

14th September 201 1

Applicant: Agent: Bellway Homes Scotland N/A Bothwell House Hamilton Business Park Caird Street Hamilton

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 018 Motherwell South East And Ravenscraig No letters of representation received. Kaye Harmon, Thomas Lunny, Linsey McKay, Alan Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed amendment meets the criteria set out in policies CS2, HSG9 and TR13 of the Southern Area Local Plan 2008 and the relevant policies of the North Lanarkshire Local Plan. There will be no detrimental amenity issues for surrounding dwellings and the proposal will not adversely affect the wider area.

99 Rploduced bypemission PLANNING APPLICATION 11/U3099DIAMD Produced by I dthe Orchance Slrtvevon I .I Planning and Development behalfofHMS0.OCii-m Substitution of Flatted Development with apyigtt and database ngtt 37 Detached, Semi-Detached and Terraced 2009. nil tigm ~W~WJ. Crdnance Sumy Dwelling Houses ticem nuwberlO0023396. Cum bernauld Former Motherwell College, Dalzell Drive, 067 1JW 1 Motherwell. I 100 Proposed Conditions:-

That the development hereby permitted shall be started not later than 1 1th March 2014.

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 except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawings:-

Wellington Trad -01 rev N, Shelburne Trad-O2C, Shelburne Trad 01 K, Rosebery Trad-01 Rev P, Portland TradOl Q, Palmerston Trad-01L, MCPH2ISWOl D, MUPLAN 02, EDEN-FEN 01, Devonshire Trad-001, Churchill Trad-01 J, Churchill Trad 02B, BEN-GA-05, BEN-GA-04, ASQUITH-Trad 01 Rev L

Reason: To clarify the drawings on which this approval of permission is founded.

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

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

4. That within 4 weeks of the last dwelling or flat within the development hereby permitted being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006), to monitor the development, to enable the Planning Authority to retain effective control.

5. 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.

Reason: To enable the Planning Authority to consider these aspects in detail and in order to minimise the visual impact of the development.

6. That before each of the dwellinghouses hereby permitted is occupied, all of the associated parking and turning areas shown on the approved plans, shall be levelled, properly drained and surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out. These areas shall thereafter be retained as such to the satisfaction of the Planning Authority.

Reason: To ensure the provision of adequate parking facilities.

7. That before the first house within the development hereby permitted is occupied; the means of vehicular and pedestrian access to the site from Dalzell Drive shall be constructed in accordance with the approved plans.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

8. That no dwellinghouse hereby permitted shall 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.

101 Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

9. 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 satisfactory vehicular and pedestrian access facilities to the dwellings.

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

11. Notwithstanding the terms of condition 10 above, BEFORE the development hereby permitted starts, the materials to be used on the boundary treatment outlined ORANGE in the plans hereby permitted shall be submitted to, and approved in writing by the Planning Authority. For the avoidance of doubt the materials to be used should be in keeping with the adjoining development.

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

12. That before any of the dwellings hereby permitted are occupied, the fences, or walls, as approved under the terms of Condition 10 and 11 above, shall be erected.

Reason: To safeguard the residential amenity of the area

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

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

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

14. That all works included in the scheme of landscaping and planting, approved under the terms of condition 13 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 occupation of the last house within the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

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

15. 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 any communal areas, including landscaping and play areas.

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

16. That BEFORE occupation of the last house within the development hereby permitted, the management and maintenance scheme approved under the terms of condition 15;

102 shall be in operation.

Reason: To ensure ongoing maintenance in the interest of visual amenity.

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

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

18. That any remediation works identified by the site investigation required in terms of Condition 17, 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 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.

19. That PRIOR to any works commencing on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water and that Scottish Water will adopt the surface water system including the attenuation tank.

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

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

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

21. That the SUDS compliant surface water drainage scheme approved in terms of Condition 20 shall be implemented contemporaneously with the development in so far as 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 SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

22. That prior to any works being undertaken on site, further updated ecological surveys regarding bats and badgers shall be undertaken on the site to determine the presence of any bats and badgers. The said surveys 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 studies, should any remediation measures be required, these 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.

103 Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007.

23. That details of the proposed gateway access feature into the site shall be submitted and approved in writing by the Planning Authority prior to the commencement of work on site and the said entrance features shall be completed to the satisfaction of the Planning Authority prior to the occupation of the first dwelling.

Reason: In the interests of road safety.

24. That no trees within the area hatched GREEN on the approved plans shall be lopped, topped or felled and no shrubs or hedges, shall be removed, without the approval in writing by the Planning Authority.

Reason: In the interests of nature conservation and visual amenity of the surrounding green belt area.

25. That before the development hereby permitted starts tree protection measures in accordance with British Standards BS 5837 shall be erected along the drip line of the trees, as shown on the approved plans, and shall not be removed without the approval in writing of the Planning Authority.

Reason: To protect the area of woodland within the site.

104 Backaround Papers:

Representation Letters

None

Consultation Responses:

Memo from Transportation received 1Oth October 201 1 Email from Protective Services received !jthOctober 201 1 Email from SEPA received 2gthSeptember 201 1 Letter from Scottish Water received 21" September 201 1

Contact Information:

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

Report Date:

18th October 201 1

105 APPLICATION NO. 11/00990/AMD

REPORT

1. Site Description

1 .I The site is the north eastern part of the Baron's Grange development at the former Motherwell College on Dalzell Drive and is bounded to the north by Firpark stadium, to the east by woodland along Dalzell Drive, to the south by recently constructed housing and a strip of woodland and to the west by Firpark School. The site slopes gently upwards from west to east and would be accessed via Heron View.

2.

2.1 This application seeks an amendment to the house types and layout approved in application 07/01534/FUL. Permission exists for 9 detached houses and 100 flats at this part of the Baron's Grange Development and the applicant seeks to change this to a mixture of detached, semi detached and terraced dwellings (37 units). The units would be accessed via a loop road off Heron View and an area of public open space is proposed in the middle.

3. Applicant's Supportinu Information

3.1 None

4. Site History

4.1 Planning permission was granted for 228 Residential Dwellings (1 28 Detached Units and 100 Flatted Dwellings) with Associated Roads, Car Parking and Landscaping (07/01534/FUL) on 12'h March 2009.

4.2 The applicant has recently been granted amendments to other parts of the Baron's Grange development. On the 2ndJuly 2010 permission was granted for substitution of house types and erection of seven additional dwellings (reference: 10/00222/AMD) and on the IdhOctober 2010 permission was granted for substitution of house types and erection of four additional dwellings (reference: 10/00826/AMD).

5. Development Plan

5.1 In terms of the Southern Area Local Plan 2008, the site is covered by Policies CS 2 (Established Community Facilities).

5.2 The Finalised Draft North Lanarkshire Plan identifies the site as HCF 1 B1 (Community Facilities).

6. Consultations

6.1 Transportation raised no objections subject to some minor amendments to the road that would be dealt with at the Construction Consent stage.

6.2 Protective Services raised no objections subject to the requirement for a site investigation report.

6.3 SEPA raised no objections subject to foul drainage being discharged to the public sewerage system and the use of SUDS to deal with surface water.

6.4 Scottish Water confirmed capacity exists to serve the development.

7. ReDresentations

106 7.1 There were no letters of representation received following the press advert and neighbour notification.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. This application is not of strategic significance and should therefore be assessed against the policies contained in the Southern Area Local Plan 2008. The site is zoned as Policy CS2 (Established Community Facilities). Policies HSG 9 (Assessing Applications for Housing Development) and TR13 (Assessing the Transportation Implications of Development) are also relevant to this application.

Adopted Local Plan

8.2 Policy CS 2 seeks to safeguard existing community facilities, however, residential development has already been accepted on this site by virtue of original consent 07/01534/FUL and subsequent amendments.

8.3 Policy HSG 9 assesses the impact of the development on the surrounding area and all issues relating to the design of the proposal. In this regard, it is considered that the proposal is acceptable in terms of the proposed layout and general design and complies with the Council's open space standards] in terms of garden dimensions and open space. The design details are in keeping with what had been approved previously and the proposal is considered to represent a good quality residential development with minimal and acceptable impact on the character and setting of the wider area. It is therefore considered that the proposal complies with policy HSG 9.

8.4 Policy TR 13 sets criteria relating to road and pedestrian safety, parking and servicing. The proposal meets parking requirements and minor amendments to deal with traffic calming and pedestrian safety will be addressed under the roads construction consent.

Finalised Draft North Lanarkshire Local Plan:

8.5 The Finalised Draft North Lanarkshire Local Plan 2009 similarly zones the site for the former college community facility. However, acceptance of a departure from this zoning has already been justified in paragraph 8.2 above.

Consultations:

8.6 With regard to the comments received from Protective Services] conditions are proposed requiring a site investigation report, while conditions are similarly proposed requiring SUDS details to address SEPAs comments.

9.

9.1 With regard to all material considerations, it is considered that the proposed residential development is acceptable in terms of the aforementioned policies in the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is considered that the proposed amendment is acceptable in terms of design and impact on the amenity and character of the surrounding area. As such the application is therefore recommended for approval subject to the above conditions.

107 Application No: Proposed Development:

I I /00994/FUL Change of use of Land to Private Garden Ground

Site Address:

Ground North Of 111 Omoa Road Cleland Motherwell ML1 5RE

Date Registered:

27th September 201 1

Applicant: Agent: Mr & Mrs Robert & Lorna Forrest N/A 5 Barrs Lane Carluke ML8 5SA Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 019 Murdostoun No letters of representation received. Robert McKendrick, James Martin, Nicky Shevlin, John Taggart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Policy ENV6 of the Southern Area Local Plan (2008) indicates that there will be a general presumption against development or change of use within the greenbelt other than that directly associated with and required for agriculture, forestry, the generation of power from renewable sources, outdoor leisure and recreation, telecommunications or other appropriate rural uses. However, given that the area of land in question is relatively small (43m2) and the driveway would be associated with the dwellinghouse, in this instance the change of use is considered to be acceptable.

108 Produced by kd-~Idnarkshire Council PLANNING APPLICATION 11 100994 / FUL Planning and buironment Department. Ealziel Building, Change of use of Land to Private Garden Grounds MLl 1SX Ground North Of 11 1 Omoa Road, Cleland, *I 0 18 98 274274 cx 0 1898 403 053 Mothetwell 109A Proposed Conditions:-

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

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

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

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

3. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006), to monitor the development, to enable the Planning Authority to retain effective control.

4. 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.

Reason: To clarify the drawings on which this approval of permission is founded.

5. That the area of ground identified for the change of use will form private garden ground or driveway only and in no circumstance shall there be development of any kind within the application site.

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

6. That the gate access proposed shall be set back 5 metres from the public footway as identified in the approved plans.

Reason: To allow vehicles to move off of the road before stopping.

7. That before the development hereby permitted starts, full details of a turning area which allows vehicles to enter and leave in a forward gear shall be submitted to and approved in writing by the Planning Authority and thereafter be retained to the satisfaction of the Planning Authority.

Reason: To ensure that vehicles can enter and exit the site in forward gear.

8. That BEFORE the development hereby permitted starts, full details of the design and location of all fences and gates to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

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

9. That the first 2 metres of driveway beyond the heel of the footway, shall be surfaced in an impervious material, to be approved in writing by the Planning Authority before the development hereby permitted starts.

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

110 Backaround PaDers:

Representation Letters

None.

Consultation Responses:

Traffic & Transportation received 12'h October 201 1

Contact Information:

Any person wishing to inspect these documents should contact Mr Gary McEwan at 01698 2741 17

Report Date:

18th October 201 1

111 APPLICATION NO. 11/00994/FUL

REPORT

1. Site Description

1 .I The site is zoned as greenbelt, is situated to the north of domestic property 111 Omoa Road, Cleland and would be directly associated with this property. To the north and east are residential dwellings. Directly to the south are two semi-detached single storey cottage style dwellings, one of which being No. 111 Omoa Road. Beyond these residential dwellings to the south, and to the west, is open space which is also zoned as greenbelt land.

2. Proposed DeveloDment

2.1 The applicant seeks planning permission for the change of use of open space to form an improved access for the adjacent dwelling. The development would involve creating a 5.3 metre wide vehicle access and parking area for 2 cars. A 2 metre high timber fence would be erected around part of the site, although this would be reduced to 1 metre in height within 3 metres of the public footway. The applicant also proposes 2 metre high gates which would be set back 5 metres from the footway adjacent to the vehicle access.

3. Applicant’s Supportinu Information

3.1 None.

4. Site History

4.1 No relevant planning history.

5. Development Plan

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

5.2 The site is zoned as NBE 3A (Assessing Development in the Green Belt and Rural Investment Area) in the Finalised Draft North Lanarkshire Local Plan (2009).

6. Consultations

6.1 Transportation have no objections to the proposal, however have commented that vehicular access should be via a 3 metre - 5 metre wide dropped kerb footway crossing arrangement and be paved or surfaced for at least the first 2 metres beyond the heel of the footway, that there is sufficient area within the curtilage of the property to allow vehicles to enter and exit in forward gear and that there is sufficient parking within the site.

7. Representations

7.1 No letters of representation have been received. a. Plannina Assessment

8.1 In accordance with Section 25 of the Town & 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 Southern Area Local Plan 2008 is relevant. The site is zoned as ENVG (Green Belt), however policy TR13 is relevant.

112 Adopted Local Plan

8.2 Policy ENVG (Green Belt) seeks to safeguard the character and function of the Green Belt, within which there is a presumption against development or change of use other than that directly associated with and required for agriculture, forestry, generation of power from renewable resources, outdoor leisure and recreation, telecommunications or other appropriate rural uses. It is acknowledged that the proposal could be considered contrary to policy ENVG, however given that the area of land in question is relatively small (43m2) it is not of a scale considered to be of strategic importance. Also taking into consideration that the driveway proposed would be associated with the dwellinghouse at No. 111 Omoa Road and that no development would be undertaken within this area, the character of the greenbelt would be largely unaffected by the proposal. A condition is recommended to ensure that there would be no future development within this area. It is therefore considered that in this instance the change of use is an acceptable departure from Policy ENV6.

8.3 Policy TR13 (Assessing the Transport Implications of Development) states that the Council will take account of criteria including: the impact of the development on road traffic circulation/road safety and the provision made for access, parking and vehicle manoeuvring. The proposal involves the creation of a 5.3 metre wide access. A 2 metre high timber fence would be erected along part of the new northern boundary; however within 3 metres of the public footpath all fencing would be no higher than 1 metre in height. A 2 metre high gate is proposed which would enclose the rear garden area of the property; however this would be set back 5 metres from the public footpath allowing vehicles to move off of the road before stopping. A condition is recommended to ensure that an adequate turning area is provided so that vehicles can enter and exit the site in forward gear. Taking the above into account it is considered that the proposal is acceptable from a pedestrian and road safety perspective. The proposal is therefore considered to comply with Policy TR13.

North Lanarkshire Local Plan

8.4 A material consideration is the Finalised North Lanarkshire Local Plan. The site is zoned as NBE 3A (Assessing Development in the Green Belt and Rural Investment Area) in the Finalised Draft North Lanarkshire Local Plan (2009). This policy indicates that the Council will protect the character and promote development in the Green Belt through restricting development to acceptable types and assessing against various assessment criteria. While the proposal is potentially contrary to Policy NBE 3A, given the scale of the proposal it is not considered to be of strategic importance.

8.5 The Finalised Draft North Lanarkshire Local Plan (2009) also requires proposed developments to be assessed against DSP policies 1-4. DSP Policy 1 (Amount of Development) is not relevant to this application as the proposal is below the threshold for justification. Policy DSP2 (Location of Development) is also not relevant as the development meets the location criteria. Similarly the development does not require to be assessed by Policy DSP3 (Impact of Development) given the minimal scale of the development. DSP 4 (Quality of Development) states that development will be permitted where sustainable design standards and site planning are achieved. The current application looks only to erect fencing and a condition would be placed on any approval for the submission of details prior to erection. It is therefore considered that the proposal is acceptable in terms of the requirements of policies DSP 1-4.

Consultations

8.6 The comments from Transportation have been addressed in paragraph 8.3 above.

9. Conclusions

9.1 This application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. While the

113 proposal would be in accordance with policy TR13 it is acknowledged that the proposal could be considered contrary to policy ENVG. However given that the area of land in question is relatively small scale it is not considered to be of strategic importance. In this instance it is considered that justification exists for departing from the approved zoning of the site. It is therefore recommended that planning permission is granted subject to conditions.

114 Application No: Proposed Development:

11/01016/FUL Change of Use from Public Open Space to Public Parking Area Site Address:

Site Adjacent To 212 - 238 Calder Street Whiff let Coatbridge North Lanarkshire ML5 4QN

Date Registered:

9th September 201 1

Applicant: Agent: North Lanarkshire Council North Lanarkshire Council Fleming House Fleming House 2 Tryst Road Tryst Road Cum bernauld Cum bernauld G67 IJW G67 1JW

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 0 Coatbridge South No letters of representation received. James Brooks, lan Ferrie, John Higgins,

Recommendation: Approve Subject to Conditions

Reasoned Justification: The proposed development is considered to be in accordance with Policy HG9 (Residential Area) of the adopted Monklands District Local Plan and policy HCFlA (Residential Amenity) of the emerging North Lanarkshire Local Plan (Finalised Draft) as the development is considered to improve the amenity of the area.

115 Reproducedby permission of the Ordnance Survey on behalf of HMSO. 0 Crown Copyright and database right 2009. All rights reserved. Ordnance Survey Licence number 100023396,

I I r

116 Recommendation: Approve Subject to the following Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- RI-11- 028/GL-01, RI-11-028/GSCD-O1and RI-l1-028/LP-01.

Reason: To clarify the drawings on which this approval of permission is founded.

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

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

4. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans shall be levelled, properly drained, surfaced as per approved drawing no.RI-l1-028/GSCD-01and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

5. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.

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

I17 Representation Letters None received.

Consultation Responses:

Memo from Traffic & Transportation dated 27'h September 201 1.

Contact information:

Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521

Report Date:

18th October 201 1

118 REPORT

1. Site Descrbtion

1 .I The crescent shaped area of public open space is located to the front of nos. 214 - 238 Calder Street, Coatbridge. The area of land is crescent shaped and consists of a maintained grassed area that rises to the centre from all sides and is traversed in the middle by a footpath which gives pedestrian access to the adjacent dwellings. The site is bounded by Calder Street to the north, an access off Calder Street to the south, east and west with residential dwellings beyond aforementioned roads. The area of affected ground amounts to some 410 square metres.

2. ProDosed Development

2.1 The proposal is for the part change of use of an existing, maintained grassed area to form 16 parking spaces measuring 2.5m x 5m. The area is separated in half by a footpath, thereby creating 2 parking areas with a 1metre wide footpath being created on the outside of the parking areas. The access off Calder Street is also being widened to ensure adequate accesdegress from the parking bays.

3. Applicant’s Supportinq Information

3.1 No supporting information. 4. Site History 4.1 No site history.

5. DeveloDment Plan

5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan Policies.

5.2 The site is located within a residential area in both the adopted Monklands District Local Plan where Policy HG9 applies and the emerging North Lanarkshire Local Plan where Policy NBE 3 B applies

6. Consultations

6.1 Roads and Transportation have no objections to the proposal. 7. Rewesentations 7.1 No letters of representation received.

8. Plannina Assessment

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

8.2 Development Plan: Monklands District Local Plan 1991. Policy HG9 (Housing policy for Existing Residential Area) states that development will be resisted in these areas that would adversely affect the amenity of the area and would not be ancillary to housing. The formation of a parking area to service an existing parking shortfall in a residential area is considered to comply with adopted policy and will also help resolve the on-street parking issues within the immediate vicinity of the application site.

8.3 Other Material Considerations : Finalised Draft North Lanarkshire Local Plan: A material consideration is the emerging Finalised Draft North Lanarkshire Local Plan. Within the emerging plan, the site is also located within the residential area where Policy HCFI A applies. This policy generally reflects adopted policy in that any proposals within this area that would be considered to be detrimental to the

119 protection from inappropriate development within the residential area.

9. Conclusions

9.1 In conclusion, it is considered that the proposal is deemed to accord with both adopted and emerging policy and, as such, is considered to be an acceptable development within the residential area. It will be a welcome development within the immediate vicinity of the application site as it help reduce on-street parking by providing parking for 16 cars, which can only be good for both traffic and pedestrian safety. I hereby recommend that permission be granted for the proposal.

120 Application No: Proposed Development:

11/01023/AMD Erection of Three Storey Block Accommodating Twelve Flatted Dwellinghouses (Extension of Time for Planning Permission 06/01213/FUL - Non compliance with Condition 1) Site Address:

The Four Aces Barrowfield Street Barrowfield Coatbridge North Lanarkshire

Date Registered:

12th September 201 1

Applicant: Agent: Mr Robert Fullarton N/A The Four Aces 1 Barrowfield Street Coatbridge ML5 4BU Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 009 Coatbridge West 1 letters of representation received. James Smith, Thomas Maginnis, Paul Welsh,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposal would accord with the residential policies and associated design guidance on "lnfill Housing" and "New Housing" in the adopted Monklands District Local Plan 1991. The proposal would not adversely affect the residential amenity of neighbouring properties or the environmental amenity of the surrounding area.

121 Planning Application No 11(010231AMD Nt Robetl Fullarton The Four Acm, Barrowfield Street, Codbridge Erection of Three Story Block Acmnmodding TweA Flatted Dwellinghouses (Extension of Time for Planning Permission 06(01213EUL -Non mwliance with Condition 1) * Representation

122 Proposed Conditions:-

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

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

2. That the 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.

Reason: To clarify the drawings on which this approval of permission is founded.

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

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, including any modifications as may be required.

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

6. That, notwithstanding the requirements of condition 5 above, and for the avoidance of doubt, the proposed boundary treatment between the development site and the bowling club shall take the form of a stone/facing brick wall, details of which shall be submitted to, and approved in writing by the Planning Authority, before any works start on site.

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

7. 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, including any modifications as may be required.

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

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

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

123 9. That any remediation works identified by the site investigation required in terms of Condition 8, 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 confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

10. That BEFORE 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 and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland' and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSWP). The post-development surface water discharges shall ensure that the rate and quantity of run-off to any watercourse are no greater than the pre-development run-off for any storm return period unless it can be demonstrated that a higher discharge is necessary to protect or improve the aquatic habitat. SUDS shall still be provided even where discharges are proposed to public sewers notwithstanding any conditions imposed by Scottish Water.

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.

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

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.

12. That vehicular access to the site shall be via a 5 metre wide dropped kerb footway crossing arrangement and shall incorporate a flush heel kerb to delineate the development site from the public road.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

13. That before any development starts a plan shall be submitted to, and approved in writing by the Planning Authority, showing that a 2 metre wide footway shall be provided along the full frontage of proposed Blocks A & B to link the parking bays to the Block entrances and this shall incorporate alterations to the proposed car park layout.

Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.

14. That the corner radii of 7.5 metres should be provided at the junction of Barrowfield Street and Dundyvan Road adjacent to the development and this shall incorporate a 3 metre wide footway and a 4.5 metre by 95 metre visibility splay from Barrowfield Street to the right on Dundyvan Road

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

124 15. That before any of the dwellinghouses hereby permitted are occupied, 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 the provision of adequate parking facilities within the site.

16. That, for the avoidance of doubt, the parking and manoeuvring areas shown on the approved plans shall be surfaced in a monoblock or similar material, details of which shall be submitted to, and approved in writing by the Planning Authority before any works start on site.

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

17. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of any phasing of these works.

Reason: In the interests of amenity.

18. That before occupation of any of the dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of amenity.

19. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of:- (a) the proposed footpaths shown on the approved plans; (b) the proposed parking areas shown on the approved plans; (c) the proposed external lighting provided for the area(s) shown on the approved plans; (d) the proposed grassed, planted and landscaped areas shown on the approved plans; (e) the proposed fences and walls to be erected along the boundaries shown on the approved plans.

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

20. That prior to the occupation of the last dwellinghouse hereby permitted, the management and maintenance scheme approved under the terms of condition 19 shall be in operation.

Reason: In the interests of amenity.

125 Representation Letters

Letter from Mrs Ruth Mansey, 15 Barrowfield Street, Coatbridge,ML5 4BU received 15th September 201 1

Consultation Responses:

Traffic & Transportation Environmental Health (including Pollution Control)

Contact Information:

Any person wishing to inspect these documents should contact Mr lan Johnston at 01 236 632509

Report Date:

7th October 201 1

126 APPLICATION NO. 11/01023/AMD

REPORT

1. Site Description

1.I The application site measures 0.1 3 hectares approximately, is rectangular in shape and currently accommodates a substantial single storey licensed premises addressed as “The Four Aces”, Barrowfield Street, Coatbridge. The site is located to the south of Coatbridge Town Centre, within the predominantly residential area of Barrowfield, Coatbridge and is bounded by public roads to the north (Dundyvan Road) and west (Barrowfield Street), residential properties to the south and a bowling green to the east.

2. Proposed Development

2. I The proposal is for the renewal of an existing planning permission (ref:06/01213/FUL) In respect of an extension of time for implementation of the development as a non- compliance with condition 1 of that permission which required the development to be started within five years of the date of the permission (by 2ndOctober 201 1).

2.2 The development involves the erection of a block of flatted dwellinghouses that will accommodate 12 individual units within a three storey structure of double pitched roof construction. Each unit will be accessed from central landings and will each accommodate a lounge, kitchen, bathroom, hall and 2 bedrooms. The building will front towards Barrowfield Street from where vehicular and pedestrian access will be taken and all in-site parking provision (20 spaces) will be located at the site frontage with Barrowfield Street. No specific details have been provided on boundary treatment.

2.3 External treatment to the new build will be a mix of Dry Dash RendedStone Blocks with Concrete Roof tiles. All windows will be white UPVC and doors will be of timber construction. To accommodate the new build the existing licensed premises will be demolished.

3. Applicant’s Supportinu Information

3.1 None submitted.

4. Site Historv

4.1 Previous relevant planning permission relating to this site is restricted to the following:

06/0121 3/FUL Erection of Three Storey Block Accommodating Twelve Flatted Dwellinghouses

5. Development Plan

5.1 The site is covered by policy HG9: Housing policy for Existing Residential Areas in the Monklands District Local Plan 1991. The proposal raises no strategic issues.

6. Representations

6.1 Following the standard neighbour notification procedures one letter of objection was received against this proposal. The relevant points raised are as follows: e How will development infringe on parking on street? Will the development impound on existing drainage system that serves adjoining uses?

127 How high will the proposed building be and will in overlook the adjacent properties? 0 Who will occupy the building?

7. Consultations

7.1 The Transportation Section has offered no objection to this proposal subject to appropriate conditions.

8. Plannina Assessment

8.1 The proposals require to be assessed under the terms of the Development Plan and any other material considerations. There are no strategic planning issues to address and the terms of policy HG9 would be relevant along with the appropriate design guidance on flatted developments.

8.2 Consent is now being sought for the renewal of a previous planning permission in respect of the erection of Erection of Three Storey Block Accommodating Twelve Flatted Dwellinghouses on the application site. There have been no alterations to the proposal or the surrounding environment and the comments received by the Transportation Section are relevant as are those of Pollution Control who have offered no objection to this proposal.

8.3 In respect of the points of objection raised I would offer the following comment: all parking associated with the development will be contained within the development site. 0 the development will require to satisfy the appropriate legislative bodies in respect of site drainage and any issues arising can be controlled through available legislation. the new building will be set at 3 storey level and will not directly overlook any adjacent properties with no habitable room windows positioned on the southern gable of the new building next to the nearest semi-detached residential property on Barrowfield Street (nos 7-9). No information has been submitted in respect of occupation type.

9. Conclusions

9.1 The development of this site for residential purposes is considered compliant with the relevant residential policies of the adopted Monklands District Local Plan 1991 and the laying out of the site to accommodate three storey flatted units (12 off) has also been accepted through the granting of planning permission 06/0121 3/FUL. The current submission seeks solely to extend the timescale for implementation of that previous permission and while the points of concern raised are noted I do not consider that these merit the refusal of this application. Permission should therefore be granted subject to conditions.

128 Application No: Proposed Development:

11/01062/FUL Construction of a Park and Ride Facility of 127 Parking Spaces Site Address:

Land At Foundry Road

Date Registered:

19th September 201 1

Applicant: Agent: North Lanarkshire Council Dougall Baillie Associates Daziel Building Jim Ashwood Roads And Transportation 3 Glenfield Road 7 Scott Street East Kilbride Motherwell G75 ORA MLI ISX Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 012 Fortissat No letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development is considered an acceptable departure from the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan in that it will provide and aid the use of sustainable transport and will not adversely affect the character of the surrounding edge of town centre location.

129 _._._,_._.-.-.-.-..-- 1;...... -...... -...... -----.--

1i! j

Produced by RPmdued byPeMsion 11101 062/FUL Planning and Development dthe Onhance Eunreyon North Lanarkshire Council Enwronmmtal Servi bhatofHmO.@c,,.,urn North Lanarkshire C Copyigttanddatd3asetigk Land At Foundry Road Shotts Flemirg House 2009, nil tights ~~enrat. Construction of a Park and Ride Facility of 2Tryst Road h Cum bemauld mnaneSuney 127 Parking Spaces Liceme nunt3erl00023396. G67 IN I I 130 Proposed Conditions:-

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

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

2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

1101 O/LP/03, 1101 0/700/300, 1101 0/500/300, 1101 0/2700/300, 1101 0/200/300, 11010/1400/300, 11010/1200/300, 11010/1100/300, 11010/100/302, 11010/100/301 and 1 1010/100/300.

Reason: To clarify the drawings on which this approval of permission is founded.

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

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

4. That within 4 weeks of the completion of the development hereby permitted, a Notice of Completion of that shall be submitted to the satisfaction of the Planning Authority,

Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.

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 and thereafter erected in accordance with the details approved under the terms of this condition. For the avoidance of doubt a 1.8 metre high close boarded timber fence shall be erected along the southern and western boundary of 1 1-17 Gillie-Burn Gardens, all of which are to be erected prior to the site being brought into use.

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

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

(a) Details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) A scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted. The scheme shall include native species such as Hazel, Rowan, Sycamore, Cherry and Willow; (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 completion of these works contemporaneously with the development.

Reason: In the interest of the car park users and the amenity of the general area

7. That all works included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be implemented in accordance with the approved timetable associated with the phasing of the development and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two

131 years of the completion of the landscaping, shall be replaced within the following year.

Reason: In the interest of the car park users and the amenity of the general area.

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

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

9. 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 tu and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model, Depending on the results of the investigation, a detailed Remediation Strategy may be required.

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

10. That any remediation works identified by the site investigation required in terms of Condition 9, 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 confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

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

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

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

12. That the SUDS compliant surface water drainage scheme approved in terms of Condition 11 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 SEPA SUDS guidance.

Reason: To safeguard adjacent watercourses and groundwater from pollution

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

Reason: To ensure the provision of satisfactory drainage arrangements.

14. The BEFORE the development hereby permitted is brought into use details of all external lighting, including any provision for CCTV Cameras, for within the site shall be submitted to and approved by the Planning Authority, and shall thereafter be installed in

132 accordance with the details approved under the terms of this condition. Reason: In the interests of visual amenity of the site and the general area.

Backuround PaDers: Consultation Responses:

Memo from Transportation received 21" Settember 201 1, Memo from Protective Services received 30 September 201 1.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01698 2741 19

Report Date:

1 gthOctober 201 1

133 APPLICATION NO. 11/01 062/FUL

REPORT

1.1 The application site measures approximately 0.6 hectares and comprises of low level vegetation. There are areas of scrub and semi mature trees around the perimeter of the site, whilst the majority of the application site remains open and level, although higher than the ground to the west and south. The application site is bounded by the railway line to the north, scrub land to the west and south, Shotts Abattoir to the south east with the remaining industrial area beyond and by dwellings to the north east.

2. Proposed Develooment

2.1 The applicant seeks planning permission for the construction of a 127 space car park serving as a ‘park and ride’ facility for Shotts railway station. The car park will be accessed through Foundry Road. In order to achieve a level site and as a result of the differing levels with the land to the west and south, a slope will be formed to the lower land on these perimeters to link in with the adjacent land. Provision has been made for the attenuation of storm water in the south eastern corner of the site, adjacent to the proposed access. Lighting columns are proposed throughout the development and a footpath connection is to be made in the north eastern corner of the site to the railway platform.

2.2 The Committee should note that the land subject of this application is under the ownership of the Council.

3. Aoolicant’s Sumortina Information

3.1 The applicant has provided drawings detailing the location of lighting positions and the storm drainage layout.

4. Site Historv

4.1 There is no relevant site history in connection with the application site.

5. Development Plan

5.1 Two thirds of the application site is zoned as IND8 (Established Industrial and Business Areas) with the remaining third being zoned as ENV8 (Rural Investment Area) in the Southern Area Local Plan (2008).

5.1 The site is zoned as Policy ED12A (Industrial and Business Sites) in the Finalised Draft North Lanarkshire Local Plan.

6. Consultations

6.1 Transportation have raised no objections to the proposal.

6.2 Protective Services have requested the submission of a site investigation report. In addition, in order to mitigate noise impact from the development on 11-17 Gillie-Burn Gardens, an adequate acoustic barrier has been requested through the provision of a close boarded fence along the boundaries of these properties.

7. Rewesentations

7.1 No letters of representation have been received following the neighbour notification and press advertisement procedures.

134 8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. Two thirds of the site is zoned as IND8 (Established Industrial and Business Areas) with the remaining third being zoned as ENV8 (Rural Investment Area) in the Southern Area Local Plan 2008. Policies ENV5 (Assessment of Environmental Impact), TR3 (Rail Services and Infrastructure) and TR13 (Assessing the Transport Implications of Development) are also relevant to this proposal.

Adoated Local Plan

8.2 Policy IND8 seeks to retain the existing character of Established Industrial and Business Areas by safeguarding existing uses and supporting the development of General Industrial, Distribution, Storage or Class 4 Business Uses where appropriate. Policy ENV8 seeks to protect the countryside through restricting development to that which relates to agriculture, forestry, outdoor leisure and recreation or other appropriate rural uses. Whilst the development does not strictly accord with either an industrial/commerciaI use or an appropriate rural use, it is considered that the site is ideally located within close proximity to the railway station and naturally lends itself to being utilised for the proposed use. There is a lack of alternative vacant sites in close proximity of the railway station which are suitable to provide this facility. While the majority of the land is to be developed, the proposed site layout and end use will retain an open aspect at this location and planning conditions are recommended to provide a suitable landscaping scheme at the periphery of the site using native species. A pedestrian linkage is to be provided in the north eastern corner linking in directly with the southern railway platform. The proposed car park will improve and encourage sustainable transport methods by introducing a new facility to the town. While the proposal is contrary to the provisions of Policies IND8 and ENV8, it is considered that the loss of industrial and business land and a small area of the Rural Investment Area through the introduction of the park and ride facility in this location would not significantly impact on the character and amenity of this area and is thus an acceptable departure from this local plan policy.

8.2 With regard to the assessment of environmental impact, Policy ENV5 applies. The majority of the perimeter of the site has areas of scrub and tree planting, which will be removed through the development. There is sufficient space on the southern and western boundary for the provision of a landscaping scheme to allow for a natural screen to be created on these boundaries. A planning condition is recommended to ensure that a landscaping scheme is submitted to allow appropriate replanting to be undertaken to mitigate the loss of the perimeter planting. It is considered that this proposal will enhance the use of sustainable transport at Shotts and help reduce single car occupant mileage, congestion, air pollution and energy consumption. On balance it is considered that this development will not inflict an unacceptable impact on the environment due to the long term benefits from reduced car usage. It is therefore considered that the proposal complies with Policy ENV5.

8.3 Policy TR3 (Rail Services and Infrastructure) is relevant to this application in that it recommends that rail service operators investigate the potential for additional Park and Ride facilities with the Local Authority. In this case, there is currently no dedicated ‘park and ride’ facility associated with Shotts railway station. Commuters currently utilise the available on street parking on Station Road, however this restricts the availability of parking spaces for other users of the town. It is therefore considered that the proposal is in keeping with the spirit of this local plan policy.

8.5 Policy TR 13 requires assessment against various criteria relating to access, parking and the impact of the proposal on the road network. Transportation has no objections to the proposal. Furthermore the peak time for traffic accessing the site is likely to be

135 between 7am to 9am and 5pm to 6pm, which is unlikely to conflict with peak flows associated with the industrial units. Taking account of the above, the proposal is considered compliant with Policy TR13.

Finalised Draft North Lanarkshire Local Plan

8.6 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is zoned as Policy ED12A (Industrial and Business Sites). This policy supports the continuing industrial and business character of existing industrial and business areas. As discussed in paragraph 8.2 above there is a lack of alternative vacant sites in close proximity of the railway station which are suitable to provide this facility. The proposed car park will improve and encourage sustainable transport methods by introducing a new facility to the town. It is considered that the proposal will encourage the use of sustainable transport modes, which is a key objective of the FDNLLP. With this in mind the FDNLLP also requires proposed developments to be assessed against policies DSP l(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, Policies DSP 1 and 2 are not relevant whilst DSP 3 and 4 will inform a Development Management Assessment of the proposed development. Policy DSP 3 refers to the economic, social, or environmental impact of proposals on the infrastructure of the community. With reference to DSP 3, the proposal is minor in nature and will not have a major impact on the locale. Policy DSP 4 states that development will only be permitted when design is of a high standard. The development relates to the formation of a car park on an industrial zones site which on balance is considered acceptable. In this case, it is considered that given the size and nature of the application site with the implementation of a suitable planting scheme and noise attenuation that there will be no adverse impacts experienced by the residential dwellings to the north east of the site. Regarding DSP 4, the proposed design and layout of the site is of a high standard that would be considered to be acceptable in this location. The development is therefore in accordance with policies DSP 3 and DSP 4.

Consultations:

8.7 With regard to the consultation response from Protective Services, a suitable planning condition is recommended to ensure the submission of a site investigation report prior to development commencing. Furthermore a planning condition is proposed to secure the submission and implementation of noise attenuation measures along the eastern boundary of the site, adjacent to the established dwellings.

9. Conclusions

9.1 In conclusion, this application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance it is considered that justification exists for departing from the industrial and business zoning and the rural investment area zoning of the site. Following detailed assessment of the application, I consider that the proposed development is acceptable when considered against the relevant policies of the Southern Area Local Plan 2008 and Finalised Draft North Lanarkshire Local Plan. It is therefore recommended that planning permission is granted subject to conditions.

136 Application No: Proposed Development:

11/01063/FUL Construction of a Play Area Site Address:

Vacant Land North Of 109 Gibb Street Chapelhall North Lanarkshire

Date Registered:

17th September 201 1

Applicant: Agent: North Lanarkshire Council N/A Municipal Buildings Kildonan Street Coatbridge ML5 3BT Application Level: Local Contrary to Development Plan: No

Ward: Representations: 01 1 Airdrie South 1 letter of representation received. Michael Coyle, Thomas Curley, David Fagan, John Love,

Recommendation: Approve Subject to Conditions

Reasoned Justification: This type of proposal Is considered ancillary within the residential area and at this location will not result in an overriding loss of amenity. As such this proposal is considered acceptable in terms of the development plan and meets the criteria set out in the relevant policies of the Monklands District Local Plan and the Finalised Draft North Lanarkshire Local Plan. There are no material planning considerations which merit refusal.

137 &"Z2,,"\ \ \n \ mmd

11101 0361FUL North Lanarkshire Council Vacant Land North Of 109 Gibb Street Chapelhall construction of a Play Area .k Representation

138 Proposed Conditions:-

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

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, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the stamped approved drawings.

Reason: To clarify the drawings on which this approval of permission is founded.

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

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.

That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.

Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective contro I.

139 Backaround Papers:

Representation Letters

Letter from Helen Grant, 115 Gibb Street, Chapelhall, Airdrie received 30thof September 201 1.

Consultation Responses:

None

Contact information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01 236 632524

Report Date:

4th October 201 1

140 APPLICATION NO. 11/01063/FUL

REPORT

1. Site Description

1.I The application site is a landscaped (grassed) area of open ground located within the existing residential area. The site is bounded by the road network to the north and west with a further open space area to the north and dwellings on Gibb Street to the west beyond with dwellings adjoining the site on the eastern boundary. The open space continues to the south beyond the site boundary. A footway runs from the north of the site connecting to Aikenhead Road in the South and Gibb Street to the west. The site slopes steeply from the north to the south of the site.

2. Proposed Development

2.1 Planning permission is sought for the installation of a new play area within an area of open space within the residential area. The area of the site is 0.37 Ha and it is proposed to install a variety of play equipment. The type of equipment to be installed will cater for a range of ages and will consist of climbing and balance equipment, swings, roundabouts, chutes, rockers and spring mounted equipment.

2.2 For information purposes, it is noted that this application is made by North Lanarkshire Council (Play Services Manager).

3. Amticant’s Sumortina Information

3.1 No additional information has been submitted in support of the application.

4. Site History

4.1 No relevant site history.

5. Development Plan

5.1 There are no strategic implications and the application will therefore be considered in relation to the Local Plan. The site is identified as LR11 (Improve Public Open Space) in the Monklands district Local plan 1991.Given the location of the proposal within the residential area Housing policy for Existing Residential areas HG9 is considered.

6. Consultations

6.1 No consultations were required in the assessment of the application.

7.

7.1 One letter of representation has been received following the neighbour notification. Points raised can be summarised as relating to attracting anti social behaviour.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy LR11 (Improve Public

141 Open Space).

8.2 DeveloDment Plan Monkllands District Local Plan: Policy LR11 (Improve Public Open Space) seeks to protect from development formal and informal public and private open spaces by resisting proposals which would adversely affect such spaces. The proposed development would complement the use of the open space being a use normally considered ancillary within the residential area and thereby appropriate in principle. It is therefore considered that the proposal is acceptable in relation to policy LR11.

8.3 In terms of the impact on residential amenity it is considered that this type of proposal is not likely to adversely affect the amenity of the residential area being clearly of a nature ancillary to within the residential area. As such the proposal complies with policy for Existing Residential Areas HG9.

8.4 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan, however, the zoning and policy position raises no new assessment considerations with the continuation of residential amenity policies.

8.5 Play area design: The play area will consist of a variety of play equipment. The type of equipment to be installed will cater for a range of ages and will consist of climbing and balance equipment. Crucially there will be a stand of area of 15 metres both for observation from nearby dwellings which is also acceptable in protecting the amenity of properties adjacent to the site.

8.6 In response to the points of objection received the following comments are pertinent:

Point of Objection: The area surrounding the proposal is predominantly residential properties occupied by elderly people with no children and a play area at this location will attract youths to the area to consume alcohol.

Comment: The proposal is intended to provide play equipment for children in the wider Chapelhall settlement as well as the immediate locus. The prevention of antisocial behaviour is not an overriding material planning consideration when assessing this type of development.

9. Conclusions

9.1 In conclusion, this application has to be assessed against the relevant policies of the Development Plan unless there are material considerations which indicate otherwise. In this instance it is considered that the proposed play area is an acceptable ancillary use within existing residential areas and the new equipment is acceptable in the proposed location. It is therefore recommended that planning permission is granted subject to conditions.

142