North Lanarkshire Council
Planning Applications for consideration of Plann i n g and Transport at io n Com mit t ee
Committee Date: 17 April 201 3
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved
1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE
17th April 2013
Page Application No Applicant DevelopmentlSite Recommendation No
5 11/00531/FUL Alona Ground Re-profiling, Refuse (P) Properties Extension of Car Park - Limited Erection of 2.5 Metre High Fence Greenside Depot Biggar Road Newarthill Motherwell
13 12/00648/FU L Mr & Mrs Removal of Planning Grant (P) McA II i st e r Condition 4 of C/95/608 (Restrictive Occupancy) Arcadia Pet Hotel Whinrigg Farm 555 Stirling Road Airdrie
20 12/00745/FU L Scottish Power Proposal to Extend the Grant Existing Substation to Accommodate New Transformers and a New Indoor Substation Electricity Sub Station Castlehill Road Gow kth rap p I e Wishaw
28 12/01 118/ADV BDW Trading Temporary Erection of Grant Ltd Advertisement Signs, Hoardings & Flags Associated with Housing Development in Retrospect Cairnhill Park Cairnhill Road Cairnhill Airdrie
35 12/01260/MSC Taylor Wimpey Erection of 97 No. Grant West Scotland Dwellinghouses Incorporating Associated Roads, Drainage Works and Landscaping Land At Ravenscliff Road Ravensc rai g Motherwell
2 47 12/0 1335/P PP Ogilvie Homes Residential Development Grant Lt d with Associated Works (In Request for Site Principle) Hearing and Visit Site At St Andrews Drive Westerwood Cumbernauld
60 12/0 1355/FU L NHS Construction of New Grant Lanarkshire Community Health Centre Containing One Large GP Practice, a Dental Practice and NHS Community Health Service Accommodation with Associated Car Parking and Service Yard Shared with the Adjacent Kilsyth Swimming Pool Land Adjacent To Kilsyth Swimming Pool 1 Airdrie Road Kilsyth
74 12/01364/FUL Mr John Change of Use of Vacant Grant Stewart Land to Market Garden Business with Joiners Workshop & Potting Shed and Two Associated Temporary Residential Properties Site To Rear Of Old School House Telegraph Road Longriggend
83 13/00085/FUL Mr Leslie Formation of Driveway Grant Cumming 25 Kenilworth Drive Clarkston Airdrie North Lanarkshire ML6 7EY
88 13/00130/AMD Mr Umar Extension to Existing Grant Farooq Retail Unit, Adding a Flat and Storage to the First Floor 71 - 73 Rosebank Terrace Bargeddie Glasgow
95 13/00 133/P PP Mrs Geraldine Residential Development Refuse (P) Easton (3 storey Flats) 2 Nethercroy Road Croy Glasgow
3 101 13/00218/FUL TJ Erection of Class 1 Retail Grant Morris/Dawn Unit, Together with Developments Access, Servicing Car Parking & External Works Site Adjacent To Lid1 Store Garrell Road Kilsyth
110 13/00254/FUL NLC Housing Lane Closure with Ground Grant Services being Incorporated into Adjoining Gardens of Council Tenancies and Allotment Site Lane Between Loch Road & Kennelburn Road Chapelhall
115 13/00335/FU L Mr James Change of Use of Open Grant Goudie Space to Garden Ground 14 Mossywood Place Westfield Cumbernauld Glasgow
( p> 11/00531/FUL: If minded to grant,needs to be referred to the Scottish ministers due to an objection by SEPA 12/00648/FUL: If minded to grant S75 legal agreement required to restrict any additional dwellings associated with the pet hotel. 13/00133/PPP: If minded to grant needs to be referred to Scottish Ministers who have objected in relation to the Antonine Wall World heritage Site.
4 Application No: Proposed Development:
11/00531/FUL Ground Re-profiling, Extension of Car Park & Erection of 2.5 Metre High Fence Site Address:
Greenside Depot Biggar Road Newarthill Motherwell MLI 5SS
Date Registered:
29th June 201 1
Applicant: Agent: Alona Properties Limited John McLaughlin Biggar Road Mining And Planning Newarthill 13 Mary Street MLl 5SS Hamilton ML3 6PX
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 01 5 Mossend And Holytown No letters of representation received. David Baird, James Coyle, Frank McNally,
Recommendation: Refuse
Reasoned Justification: The proposed development is contrary to Policies NBE 3A, Policy NBEI 6, and DSP 4 of the North Lanarkshire Local Plan, Supplementary Planning Guidance 07 (Green Belt), 09 (Flooding & Drainage) and 20 (Biodiversity & Development), as the proposals would have an unacceptable impact on the character and appearance of the Green Belt. The applicant has also failed to demonstrate whether any potential exists for risk to Protected Species and flooding and if applicable, means for their mitigation, and the means to treat surface water.
5 Planning Application 111011531IF UL Produced by Reptodud by permission Alona Properties Limited d the Ovchance Suwey on Planning and Development behaifofHMSO. @Crown Greenside Depot, Biggar Road, Newarthill, E nviron menta I Se N ices Copyngtt and database tie Motherwell, MLI 5SS North Lanarkshire Council aW9. All rights resrw d. Gmund Repmfiling, Extension of Car Park Fleming House Ordnance Suwey 8 Erection of2.5 Metre High Fence 2 Tryst Road Liceme number 100023396. Cumbernsuld , G67 IJW v Recommendation: Refuse for the Following Reasons:-
1. By virtue of the nature, scale and location, the proposed development represents an unacceptable incursion into the Green Belt that would adversely affect its natural landscape character and appearance and is therefore contrary to the terms of policy NBE 3A (Assessing Development in the Green Belt), and DSP4 (Quality of Development) in the Adopted North Lanarkshire Local Plan (2012), and to Supplementary Planning Guidance 07 (Assessing Development in the Green Belt).
2. The proposed development is contrary to SPG 09 (Flooding & Drainage) in that the applicant has failed to demonstrate whether any potential exists for flood risk and if applicable, means for mitigation and the means to treat surface water.
3. The proposed development is contrary to Policy NBE1 6 and SPG 20 (Biodiversity & Development) in that the applicant has failed to demonstrate whether any potential exists for risk to European Protected Species and if applicable, means for their protection or suitable mitigation.
Note to Committee
Should committee be minded to grant the proposals, it should be noted that under the terms of the Notification of Applications Direction 2009, the decision would require to be deferred to the Scottish Ministers in light of the standing objection from SEPA.
7 Backaround PaDers:
Representation Letters
None received.
Consultation Responses:
Memo from Transportation received 22ndJulx 201 1 Memo from Protective Services received 12' July 201 1 Memos from Greenspace received lgthJuly 201 1,21" September 2012 & IdhMarch 2013 Letter from SEPA received 16IhAugust 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mrs Joanne Delaney at 01236 632647.
Report Date:
28th March 2013
8 APPLICATION NO. 11/00531/FUL
REPORT
1. Site Description
1.1 The site is located within an area of open countryside off Biggar Road which connects Newarthill with Newhouse. The site lies directly adjacent to the south of the applicant’s plant & tool hire business and stretches to the limit of the Legbrannock Burn. The site slopes gently downward from north to south and currently comprises rough scrubland with perimeter hedgerows and sporadic trees/bushes. The site is entirely surrounded by open fields, although the Co-op distribution unit and housing at Newhouse are visible in the distance on the brow of the hill.
2. Proposed Development
2.1 Consent is sought to level the majority of the site on a gentle 2.5% gradient to enable connection with the existing yard to provide additional car and plant parking areas. A 2.5 metres high fence is proposed to enclose this area. A wedge of land approximately 14 metres wide along the south and western edges will not be developed for parking but will be re-profiled to a steeper slope to address the 5 metres level difference in this area resulting from the extent of the proposed parking levelling works.
3. Applicant’s Supportina Information
3.1 The agent advised that the company is required to expand the service and repair of the hired machines. To achieve this, it is required to have a larger area for parking of plant prior to, and after servicing and repair of the machines. It is not possible to develop the land to the north as this falls within different ownership. The applicant contends that the development will not adversely affect the landscape at this location as other industrial units exist, and the proposals would be of benefit in bringing an area of ground into productive use.
4. Site Historv
4.1 No previous planning history exists for the application site. The site of the existing plant and tool hire business previously operated as a bus depot for MacPhails’ coaches from approximately 1949 until 2005 when it became a mechanical engineering and plant hire depot. Previous planning consents have been granted on the existing depot site for:
05/01 174/FUL - Erection of Workshop & Office Accommodation with Ancillary Parking for Storage Depot, granted 14‘h December 2005.
09/00232/FUL - Erection of Two Galvanised Metal Storage Buildings (Retrospective), granted 8thJuly 2009.
5. Development Plan
5.1 The site is zoned as NBE 3A,(Green Belt) in the Adopted North Lanarkshire Local Plan (2012).
9 6.
6.1 Transportation raised no concerns subject to existing visibility splays being maintained and adequate turning being provided within the site.
6.2 Protective Services raised no concerns and made advisory comments relating to any contamination that may be encountered during development.
6.3 Greenspace request that protected species reports be submitted with respect to water voles and otters. They also requested retention and improvement to the boundary hedgerow to the south and west, in order to retain the rural character of the landscape around the site.
6.4 SEPA objects to the development on the grounds that insufficient information has been submitted with respect to surface water drainage for the site. They further advised that the site may be at risk of flooding from the adjacent Legbrannock Burn. Additional information requires to be submitted with respect to risk and mitigation in order to assess whether the proposed development will be at risk of flooding or will increase the risk of flooding elsewhere. They specifically recommended that the applicant accept residual risk from flooding and not land raise the site.
7. Representations
7.1 No letters of representation 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 therefore be assessed in terms of the development plan policies. In the adopted North Lanarkshire Local Plan (NLLP) (2012) the site is zoned as NBE 3A (Assessing Development in the Green Belt). Policy NBE 16 (Protecting the Natural and Built Environment) is also relevant as are Supplementary Planning Guidance 07 (Assessing Development in the Green Belt), Supplementary Planning Guidance 09 (Flooding & Drainage) and Supplementary Planning Guidance 20 (Biodiversity & Development).
8.2 Policy NBE 3A seeks to protect the character of, and to promote development in the Green Belt through restricting development to acceptable types. Developments are required to have a positive economic benefit and minimise adverse environmental impacts. The definition of acceptable types of development includes limited extensions to existing buildings, provided it does not result in disproportionate additions over and above the size of the original, and that they are appropriate in terms of scale, design and materials. The proposals also require to be assessed against the criteria outlined in the related Supplementary Planning Guidance 07 “Assessing Development in the Green Belt”. Section F of SPG 07 states that proposals for parking should be appropriate and not have a harmful visual impact. Section K further advises that full information on impacts should be available during the processing of the application rather than being conditioned. Parking areas should not be sited in prominent locations such as on skylines and open hillsides.
8.3 In assessing the proposed development against policy NBE 3A and SPG 7, it is noted that the business use of this site has long been established and it is considered reasonable to apply the same principle of acceptance to a limited extension of the site area. In this case, the site extension equates to approximately 60% of the original site area and therefore breaches the terms of the policy. Furthermore, due to the open and exposed nature of the site, it is visually prominent when viewed from the main
10 traffic route along Motherwell Road towards Newhouse Roundabout to the east. In addition, due to the valley topography, the site is also overlooked by the raised housing area on the corner of Biggar Road with High Street to the south. Most of the existing trees and shrubs would require removal under the re-profiling works, further exposing the hillside to view and there is little scope for effective screening given the surrounding ground levels. Negotiations in attempt to reduce the scale of incursion into the Green Belt have proven to be unsuccessful. Although existing and proposed contour plans and cross sections were submitted, further information was requested several times over a lengthy period, to more thoroughly demonstrate the visual impact of the proposal on the landscape, particularly given the 5 metre high re- profiling of the site frontage. The requested information has not been submitted. In assessing the proposal as submitted it is considered that the formation of a large, predominantly level hard standing, enclosed by 2.5 metres high fencing, set within the context of a largely sloping and natural landscape, would represent a significant, prominent and unnatural incursion into the Green Belt and would have a detrimental impact on the landscape character and appearance of this area. It is considered that the proposed development would significantly adversely alter the character and appearance of the Green Belt area and would therefore be contrary to Policy NBE 3A and SPG 07.
8.4 Policy NBEI 6 indicates that development that significantly affects a species protected by law will only be permitted where an appraisal has demonstrated that the protected species would not be compromised. SPG 20 (Biodiversity & Development) requires that applicable developments demonstrate any risk and means for mitigation of European Protected Species, in this case otters. As indicated at paragraph 6.3 above Greenspace request that ecological survey reports be submitted with respect to otters and also for water voles, the latter of which are protected under the Wildlife and Countryside Act. This information has been requested several times but has not been submitted. It is therefore considered that in the absence of information that assesses the impact of the proposals upon protected species the proposals do not accord with Policy NBEI 6 and SPG 20.
8.5 The NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). The proposed development site exceeds 2000 square metres out with an industriaVbusiness area and thereby requires to be justified in terms of the industrial land supply under the terms of DSP 1. In considering the proposals, it is noted that the parking areas are required in relation to the expansion and intensification of the existing business and therefore can be justified in terms of locational need. On this basis, it is not considered that the proposals would have a detrimental impact upon the industrial land supply and the development is therefore in accordance with DSP 1. Policy DSP 2 requires that proposals within the Green Belt maintain clearly defined urbanhural boundaries. The site is located centrally within the Green Belt and does not breach the existing defined boundaries of Biggar Road to the west and the Legbrannock Burn to the south and as such is considered to comply with DSP 2. Policy DSP3 is not considered applicable on these proposals. Policy DSP4 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 that will integrate successfully into the local area avoiding harm and adverse impacts. For the reasons noted above in paragraph 8.3, it is considered that the development cannot be accommodated without significant detriment to the Green Belt area. The existing site currently contributes positively to the purposes of the Green Belt by forming part of a wider open area of countryside. The proposals are therefore not considered to accord with policy DSP 4.
8.6 SPG 09 (Flooding & Drainage) requires that applicable developments demonstrate any risk and means for mitigation of flooding and detail the measures for treatment of surface water through the use of SUDS principles. Again, this information was
11 requested several times and has not been submitted. In addition, SEPA have objected on the basis of lack of information with respect to SUDS. It is therefore considered that the proposals do not accord with SPG 09. Should committee be minded to grant the proposals, it should be noted that under the terms of the Notification of Applications Direction 2009, the decision would require to be deferred to the Scottish Ministers in light of the standing objection from this central government agency and statutory consultee.
Consultations
8.7 With regard to consultation responses, SEPAs and Greenspace's comments have been addressed above in paragraphs 8.4 & 8.6. The comments of Transportation can be suitably addressed by the imposition of conditions, whilst those of Protected Services can be dealt with by advisory note.
9. Conclusions
9.1 To conclude, the proposed development would represent a significant, prominent and unnatural incursion into the Green Belt and would have a detrimental impact on the landscape character and appearance of this area and is therefore contrary to Policies NBE 3A, NBEI 6, and DSP4 of the North Lanarkshire Local Plan and Supplementary Planning Guidance SPG 07. The applicant has failed to demonstrate any risk and means for mitigation with respect to flooding/SUDS and European protected species and is further contrary to SPGs 09 (Flooding & Drainage) & 20 (Biodiversity & Development). It is therefore recommended that the application be refused.
12 Application No: Proposed Development:
12/00648/FUL Removal of Planning Condition 4 of C/95/608 (Restrictive Occupancy)
Site Address:
Arcadia Pet Hotel Whinrigg Farm 555 Stirling Road Airdrie ML6 7SS
Date Registered:
21 st June 201 2
Applicant: Agent: Mr & Mrs McAllister Patricia Profili Whinrigg Farm The Profili Partnership LLP 555 Stirling Road The Tree House Airdrie Glen Road ML6 7SS Dunblane FK15 OHR
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 007 Airdrie North No letters of representation received. Alan Beveridge, Sophia Coyle, Thomas Morgan, Andrew Spowart,
Recommendation: Approve
Reasoned Justification:
It is considered that the applicant has provided sufficient justification combined with a proposed new S75 legal agreement which prevents the construction of an additional dwelling in connection with the animal boarding business, for the removal of the planning condition 4 of planning application C/95/608 restricting occupation of the dwellinghouse to a person employed at the related animal boarding establishment, the proposal is in accordance with the Green Belt policy of the North Lanarkshire Local Plan.
13 Change of Use of Tied belinghouse to Non-Restncted Dwellinghouse and Discharge
14 Recommendation: Approve
Backaround Paoers:
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 632508
Report Date: 8thApril 2013
15 APPLICATION NO. 12/00648/FUL
REPORT
1. Site Description
1.1 The application site lies within an area of relatively open countryside at Whinrigg Farm, 555 Stirling Road, Airdrie just to the north of Riggend. The site consists of a detached dwelling and animal boarding building with a one bedroom flat at first floor level and outbuilding associated with the animal boarding business. The pet hotel business is not currently operating. Located immediately to the south is the caravan storage business which is under the ownership of the applicant. The application site is bounded by the A73 to the west, a small dwelling to the east, a large dwelling with outbuildings to the south, outwith all is open countryside. Vehicular access to the site is via Stirling Road (B8039).
2. Proposed Development
2.1 Planning permission is being sought for the removal of planning condition restricting occupation of the dwellinghouse to a person employed in the animal boarding business. No physical alterations are proposed. The planning condition of planning application C/95/608 which permission is sought to remove is as follows:
“Condition 4 - The occupation of this house hereby approved shall be limited to the operator of the animal boarding established and hidher dependents or a full time employee of the operator employed in the animal boarding establishment.”
3. Applicant’s Sumortina Information
3.1 The planning application was submitted with a supporting statement which seeks to provide justification for the removal of the restrictive planning condition. This document makes reference to a change in circumstances since the establishment of the kennelshattery business. Firstly, the applicants who, during the first ten years of the business successfully operated the business, are now in their 70’s and are unable to operate such a demanding business which requires 2417 management. Secondly, the statement considers that the pet hotel had become a well established rural business and the original agricultural need for the occupancy controls has become a serious constraint on the continuation of the business. Thirdly, the supporting information states that the pet hotel is already self contained with residential accommodation within the pet hotel buidling and capable of being operated as a standalone business independently of the existing dwelling. Fourthly, the statement refers to the proven need and demand for the pet boarding facility within the area resulting in the pet hotel being a viable and marketable business opportunity in its own right. Fifthly, the applicant states that the removal of these occupancy controls does not undermine the existing status or integrity of the Green Belt policy.
3.2 Finally, in order to comply with the local plan Green Belt zoning of the application site, the applicant is prepared to enter into an amended legal agreement with North Lanarkshire Council that would restrict the construction of an additional dwelling(s) in connection with animal boarding business.
4. Site Historv
4.1 The following previous applications are relevant to the current proposal:
0 95/05389/COU Use of Land for the Storage of No. 44 Touring Caravans (UNOCCUPIED) - Approved gthNovember 1995 0 98/01 106/FUL First Floor Extension to Kennel Administration Block to form Flatted Dwellinghouse - Approved 7‘h November 2000
16 0 01/01601/FUL Erection of Building to be used as Cattery - Approved 26‘h February 2002 0 05/00073/FUL Change of Use to Caravan Storage Area (In Retrospect) - Approved 20thApril 2005 05/00673/OUT Erection of Dwellinghouse in Connection with Existing Caravan Storage Area - Refused 1 dhJuly 2005 0 07/00083/FUL Formation of Extension toth Caravan Storage Area and Improvement to Existing Access - Approved 6 August 2007 09/00503/FUL New Access Road to Arcadia Pet Hotel from Old 88039, Stirling Road - Refused 22ndJune 2010
5. Development Plan
5.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 The application site is zoned as NBE 3A (Green Belt) within the adopted North Lanarkshire Local Plan.
6. Consultations
6.1 No consultations were required to be undertaken.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received.
8. Planninq Assessment
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 - North Lanarkshire Local Plan: The site falls within an area covered by Policy NBE 3A (Green Belt) which provides protection for the rural character and promotes limited forms of development. The policy states that within a Green Belt location no residential development will be permitted except for new houses for full time workers in connection with forestry or agriculture. The property currently has been permitted with a planning condition restricting the occupancy of the dwelling to a person who is employed full time in the animal boarding business, therefore, this proposal is seeking to establish whether there is significant justification or reasons to remove the restriction. The justification and reason put forward by the applicant in their supporting information will be assessed in full in paragraph 8.5 below.
8.3 The North Lanarkshire Local Plan 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). Given the scale, nature and location of this application, policies DSP 1, DSP 2, DSP 3 and DSP 4 are not relevant.
8.4 Other Material Considerations - Supplementary Planning Guidance: A material consideration is the Supplementary Planning Guidance (SPG) 7 Assessing Development in the Green Belt, of which Section G ‘Dwellings for Agricultural Workers’ is relevant. The SPG states that the council acknowledges that there are particular circumstances when a new house in a countryside location is sometimes required to accommodate a full time worker who is employed in a necessarily rural based business, and where the nature and demands of the work concerned make it essential for one person engaged in the enterprise to live at, or very close to the
17 site of their work. This guidance reiterates and expands on the position of Policy NBE 3A. The supporting statement submitted by the applicant provides reasons and suggests an alternative legal agreement, the suitability of the justification put forward and the suggested legal agreement will be discussed at length and assessed in paragraph 8.5 below.
8.5 Assessment of Applicant’s Supporting Information: In normal circumstances occupancy conditions are attached to planning consents issued by the Council for residential development in the Green Belt when directly linked with forestry or agriculture. Applications for their removal are then considered against Local Plan policy and the particulars of the case. The basic question is whether or not there is a good planning reason to maintain the restriction. The applicant’s supporting statement, as outlined in paragraphs 3.1 and 3.2 above, attempts to justify the removal of the restrictive occupancy planning condition. The reasons provided by the applicant relate to age of the applicant, the original agricultural need has become a constraint, existing pet hotel is self contained, the business is viable in its own right and there will be no detrimental impact on Green Belt. The applicant’s age and demanding 24/7 requirements of the animal boarding business are noted. With reference to the business being a well a well established rural business and therefore, the original agricultural need for the occupancy controls has become a serious constraint on the continuation of the business. It is noted that due to the age of the applicant and the demands running the business have resulted in its closure while the occupancy constraints have been a deterrent to new individuals taking over the business. The applicant’s statement states that the pet hotel is already self contained with adequate residential accommodation at first floor level of the existing building and capable of being operated as a standalone business independently of the existing dwelling. It is noted that the amount of residential accommodation within the pet hotel property would be sufficient to operate as a separate residential unit. The statement refers to the proven need and demand for the pet boarding facility within the area resulting in the pet hotel being a viable and marketable business opportunity in its own right, these points are both noted. The applicant considers that the removal of these occupancy controls does not undermine the existing status or integrity of the Green Belt policy, this is noted and will be discussed at length below.
8.6 In addition to the issues of the animal boarding business, the applicant has suggested an alternative form of control to protect the integrity of the Green Belt. The support statement proposes that the applicant is willing to replace the current Section 75 Agreement with a new agreement, to ensure that no additional house(s) be constructed in connection with the animal boarding business and on ground under the applicant’s control. It is considered that each of the reasons, on their own are not sufficient justification to removal of the existing occupancy controls, however, when combined and added to the amended legal agreement, this does not undermine the status and integrity of the current Green Belt policy and therefore complies with the motives and intentions of policy NBE 3A of the North Lanarkshire Local Plan and SPG 7 ‘Assessing Development in the Green Belt‘.
8.7 Legal Agreement: In order to comply with motives of the Green Belt zoning of the site, the applicant has offered to enter into a new legal agreement with North Lanarkshire Council that would prevent the construction of an additional dwelling(s) in connection with animal boarding business and on land under the control of the applicant. This new legal agreement would ensure that the animal boarding business would not seek an additional dwelling for operational purposes thus protecting the rural amenity and integrity of the Green Belt.
9. Conclusions
9.1 In conclusion, it is considered that the applicant has provided sufficient justification, when combined with the new legal agreement, for the removal of the occupancy restrictions on the dwellinghouse to an employee of the animal boarding business.
18 Taking account of these matters, it is recommended that planning permission be granted subject to the conclusion of a new S75 legal agreement preventing any additional dwellings directly linked to the animal boarding business and on land under the ownership of the applicant. It should be noted that a grant of planning permission would remove the relevant planning condition and will be a basis for the separate process of discharging the legal agreement.
9.2 Planning permission should not be issued until a new S75 legal agreement has been concluded that would restrict the construction of an additional dwelling in connection with animal boarding business and on land under the control of the applicant.
19 Application No: Proposed Development:
12/00745/FUL Proposal to Extend the Existing Substation to Accommodate New Transformers and a New Indoor Substation Site Address:
Electricity Sub Station Castlehill Road Gowkthrapple Wishaw ML2 ORL
Date Registered:
5th July 201 2
Applicant: Agent: Scottish Power N/A New Alderston House Dove Wynd Strathclyde Business Park Bellshill ML4 3FF Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 020 Wishaw No letters of representation received. Marion Fellows, Jim Hume, Samuel Love, Frank McKay,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development is considered to meet the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The proposed extension to this established facility only marginally encroaches into the landscaped area to the west of the site and can be accommodated without detriment to the surrounding area.
20 hl Ptdnnmg andby Development dtheo*ancrSunreyon Electricity Sub Station, Castlehill Road, I behalfofHMSO. @Crown Copyrigttandd&&asr fi# GowkthrappIeI Wishaw I am.niiri~hts~~e~d. Proposal to Extend the Existing Substation to Ordnance S;wey Acdommodate New Transformirs and a New tic em e hum ber 100023396. I n d 00 Sub stati0 n I I 21- I G€i71Jw 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 drawing numbers 18UG-2- 4 100-D A-IB EC EE-0005 and 18UG -2-41 OO-DA- I BEC EE-0006.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That before the development hereby permitted starts, full details of all external materials to be used in construction, shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. Noise from the development once operational, with appropriately designed noise enclosures in place, must meet the requirements of the following noise criteria at any time of day or night when measured from a free field position at the outdoor measurement location at OS grid reference 278870 654074 at the nearest residential property to the development;
(i) the difference between the rating level from the completed development and the measured representative L,Qo(T) background noise when assessed in terms of BS4142: 1997 shall not exceed ‘+O’dB
(ii) the combined noise level from the completed development and the existing electricity substation shall not exceed an unweighted LZeq(T) 55dB at the 100Hz frequency band when measured in the absence of background noise
Reason: In the interests of the amenity of the surrounding area.
4. That before the plant is brought into operational use, confirmation from a suitably qualified person with Membership of the Institute of Acoustics, shall be submitted to the Planning Authority confirming that the design and noise attenuation performance across the frequency spectrum as specified by condition 3 is achieved as detailed in the Environmental Noise Assessment October 2012 and March 2013 by Sgurr Energy. For the avoidance of doubt enclosures designed to result in a post-development predicted noise level LZeq(T) 45dB or lower at the 100Hz frequency band at the aforementioned grid reference in condition 3 shall result in a ‘zero’ change to the pre- development noise emission at 1OOHz from the existing substation at the same outdoor location.
Reason: In the interests of the amenity of the surrounding area.
5. That before the development hereby approved becomes operational, the temporary site road shall be removed and the ground re-instated to its original condition, and any fences as approved under the terms of condition 6 below shall be erectedlrelocated.
Reason: In the interests of the visual amenity of the site and surrounding area and in the interests of security of the site.
6. That before the development hereby permitted is started, full details of the design and location of all fences shall be submitted to and approved in writing by the Planning Authority and shall thereafter be erected in accordance with the approved details.
Reason: To ensure that boundary features are of acceptable quality in the interest of visual amenity.
7. That before the development hereby permitted becomes operational all the fences, or walls, as approved under the terms of Condition 6 above, shall be erected.
22 Reason: In the interests of the visual amenity of the area.
8. That notwithstanding the details shown on the approved plans BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and hedge planting along the boundaries that adjoin Castlehill Road and Allershaw Road, incorporating details of the location, number, variety and size of trees and hedging to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: In the interests of amenity and in consideration of the desirability of tree/hedging planting/retention to help integrate the new development into the area.
9. That the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be implemented in accordance with the approved timetable and shall be completed prior to the development becoming operational. Any trees, hedging or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.
10. That BEFORE the development hereby permitted starts, full details of all trees and hedges within the landscaping buffer along Castlehill Road and Allershaw Road that are to be removed to facilitate the development shall be submitted to and approved in writing by the Planning Authority, thereafter only the trees and hedging agreed to be removed shall be removed from the site. Before the development hereby permitted is started tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of the trees that are to remain on site and shall not be removed without the approval in writing of the Planning Authority.
Reason: In the interests of the protection of the trees within the application site.
11. That the development hereby approved shall not commence until the necessary Stopping Up Order has been confirmed.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006.
23 Backaround PaDers:
Representation Letters
No letters of representation received.
Consultation Responses:
Memo from Transportation received 23rdJuly 2012 Memos from Protective Services received 2ndAugust, 28'h November 2012 and 25'h March 201 3. Memo from Greenspace Services received 24thJuly 2012.
Contact Information:
Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236 632503
Report Date:
28'h March 2013
24 APPLICATION NO. 12/00745/FUL
REPORT
1. Site Description
1.1 The application site is the existing Electricity Sub Station on land to the east of Castlehill Road and north of Allershaw Road, Gowkthrapple, Wishaw. The existing substation site extends to 6.9 hectares and the application site extends to 1.6 hectares, 0.55 hectares of which is within the existing compound with the additional 1.05 hectares on land out with the application to the west fronting Castlehill Road. The application site at present consists of a planted buffer of varying maturity between the existing sub station compound and Castlehill Road. A footway runs along the perimeter of the western boundary of the site, with Castlehill Road, beyond, the existing access to the substation and the substation are on the northern and western boundaries respectively with open land with Allershaw Road beyond to the south.
2. Proposed Development
2.1 Planning permission is sought for a 1.05 hectare extension to the existing substation at Castlehill Road to accommodate a new indoor substation and new external transformers. The new internal substation is to be located adjacent to the south western corner of the existing site. The building is to measure 12 metres in height by 55 metres in length by 27 metres in width. The new transformers to be installed are to be located on land to the immediate north and south of the proposed building and are to replace the existing transformers/substation equipment located in the north western and south western sections of the existing site. Permission is also sought for an extension to the existing perimeter security fence around the site, No details have been submitted detailing the proposed external finish to the building however, an indicative landscape plan has been submitted detailing the provision of enhanced perimeter planting around the site as viewed from Castlehill Road and Allershaw Road.
3. Applicant's Supportina Information
3.1 A Noise Impact Assessment has been submitted in support of the application.
4. Site History
4.1 04/02003/FUL - Installation of Power Fence to the Top of The Existing Palisade Fence, approved 14'h December 2004.
4.2 98/01438/FUL - Conversion of Substation Roof from Flat to Hipped Pitch, approved 2ndDecember 2012.
4.3 12/00349/PRA - Proposed Electrical Switchgear Enclosure, confirmed works were permitted development on the 23rdMay 2012.
5. Development Plan
5.1 The application site is zoned as EDl A1 (Industrial and Business Areas) and HCFl B1 (Community Facilities) in the North Lanarkshire Local Plan.
6. Consultations
6.1 Transportation has raised no objections to the proposed development, however they consider that the proposed temporary access would be detrimental to the operation of the existing bus stop and instead recommend that the existing site access be widened.
25 6.2 Protective Services have raised no objections to the submitted noise impact assessment and have recommended a condition to address noise emitted from the transformers.
6.3 Greenspace Services have advised that trees should only be removed out with the bird breeding season and have recommended that the existing path on Castlehill Road should be upgraded to a 2 metre wide surfaced path following the removal of the path that is to be incorporated into the application site. A comprehensive landscaping scheme has also been requested.
7. Representations
7.1 No letters of representation have been received.
8. Plann inu 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 policies. In the North Lanarkshire Local Plan (NLLP) the site is zoned as EDI AI (Industrial and Business Areas) and HCFl B1 (Community Facilities). Policies DSP 1-4, NBEI A5b (Trees and Woodlands) and NBE2 A3 (Woodland Management and Structure Planting) are also relevant to this application.
8.2 Policy ED1 AI (Industrial and Business Areas) states that the Council will support the continuing industrial and business character of existing industrial and business areas while Policy HCFl B1 seeks to maintain community well-being in residential areas by protecting community facilities. There is no proposed change of the established use within the site and the purpose of the extension to the substation, transformers and plant is to enable the proposed upgrading of the Strathaven, Torness and Smeaton overhead power lines to 400kv. It is considered that the proposed development will integrate well within the context of the site and the loss of part of the area of ground identified as HCF 61 (Community Facilities) for the purposes of this development is not considered to be detrimental to the wider area of open space that lies adjacent to the site. The principle of the development therefore complies with policies EDI AI and HCFl 61.
8.3 Policy NBEl A5b seeks to safeguard trees and woodlands. Policy NBE2 A3 seeks to retain existing trees and groupings including street and garden trees wherever possible. As detailed above the 1.05 hectare extension is to be within the existing wooded area to the west of the existing compound, resulting in the loss of a number of trees consisting mostly of Alder, Birch, Ash and Rowan. The temporary construction access will also result in the loss of part of the existing belt of trees that lies adjacent to Castlehill Road. The applicants have sought to minimise tree loss and in order to compensate for the loss of existing trees a replacement landscaped buffer 10 - 20 metres in depth is proposed along the western and southern boundaries of the extension to the compound. This landscaping scheme is to be secured by means of a planning condition. The application therefore is considered to be acceptable when assessed against policies NBEI A5b and NBE2 A3.
8.4 The NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Due to the limited nature of the development, Policies DSP 1, 2 and 3 are not relevant. Policy DSP 4 states that development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and use; the design and scale of the development, including roads access and
26 parking, use of materials, traffic and transportation links, and road safety, without having an adverse impact on the amenity of that area.
8.5 The proposed extension to the compound and the new substation building relates to a long established infrastructure installation. There are residential properties to the west beyond the existing/proposed landscaped buffer and dwellings are proposed on land to the south, the nearest dwelling being 45 metres to the north west of the site. However, the established use of the site as a substation and the nature of the extension to the compound and equipmentlplant to be installed are such that the development is considered to be acceptable in terms of the impact on the character and amenity of the area. Following submission of Noise Assessments Protective Services are satisfied that the development will be acceptable subject to a condition confirming that noise mitigation will adequately limit noise emissions to within acceptable levels. The proposed design of the new indoor substation is considered acceptable and in keeping with the equipment on site and would incorporate metal cladding to match the surrounding environs of the compound. The majority of the new substation equipment is to be installed within land that formed part of the original compound with a relatively minor encroachment into the landscaped area. Subject to the conditions relating to the provision of additional landscaping the proposed development is considered acceptable. Furthermore following the completion of the development a number of existing transformers in the northern section of the site are to be removed. A temporary access onto Castlehill Road is to be formed for the duration of construction works. Transportation has raised no objections to the development but has commented that the revised access position may adversely impact upon the use of the bus stop on Castlehill Road. The applicant has declined the request to widen the existing access for health and safety reasons. On balance it is considered that, as the works are temporary and should not exceed a total of 5 one way vehicular movements throughout the construction period, the disruption to the bus stop would be minimal. Furthermore the temporary access reduces the encroachment into the existing landscaped area. The requirement to divert a non lit footpath within the site a Footpath Diversion Order under Section 208 of the Town and Country Planning (Scotland) Act 1997 will be progressed separately should the application be approved. It is therefore considered that the development is found to be acceptable and therefore the proposal complies with DSP4.
8.6 In terms of consultation responses there are no objections to the proposals. As indicated at paragraph 8.5 above Protective Services have confirmed their acceptance of a planning condition in relation to noise from the site. With regards to the comments received from Greenspace Services in connection with the loss of the trees and upgrading works to the footpath, a planning condition is proposed to secure the submission and implementation of a planting strategy for the landscaped buffer around the western and southern perimeter of the site. With regards to the footpath to be lost through the development this is to be secured through a Stopping Up Order. In terms of the works requested to the footpath around Castlehill Road, the footpath is already constructed to adoptable standards and is lit in accordance with the requirements of Transportation and the request for upgrading works are not considered to be necessary in this instance.
9 Conclusions
9.1 In conclusion having due regard to the provisions of the Development Plan, the proposals are considered to be comply with Policies HCF B1 , ED1 AI, NBEI A5b, NBE2 A3 and DSP4 of the North Lanarkshire Local Plan. It is therefore recommended that planning permission be granted subject to conditions.
27 Application No: Proposed Development:
12/01118/ADV Temporary Erection of Non Illuminated Advertisement Signs associated with a Housing Development in Retrospect Site Address:
Cairnhill Park Cairnhill Road Cairnhill Airdrie ML6 9HU
Date Registered:
5th February 201 3
Applicant: Agent: BDW Trading Ltd NIA 7 Buchanan Gate Cumbernauld Road Stepps Glasgow G33 6FB Application Level: Contrary to Development Plan: Local No
Ward: Representations: 008 Airdrie Central Two emails and one letter of James Logue, David Stocks, Peter Sullivan, representation received.
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The advertisements are considered acceptable in terms of the criteria set out in the relevant policies of the North Lanarkshire Local Plan in that they do not have an adverse impact upon the amenity of the area.
28 lepduced by permtsslon Produced by Temporary Erection of Advertisement Signs, Planning and Development )f the Ordnance Survey on Environmental Services Ehalf of HMSO Crown Q Hoardings & Flags Associated with Housing Nom Lanarkshire Counc bwgh'anddatabaserght Development in Retrospect Fleming How wire 912 All nghts reserved 2 Tryst Road COlRdl %&lancesunrey Curnbernauld icence number loo023396 Cairnhill Park, Cairnhill Road, Cairnhill, Airdrie G67 1JW I * Representations
29 Proposed Conditions:-
1. That the advertisements hereby permitted shall be removed either within 2 months of the occupation of the last house within the development or within 5 years of the date of this application hereby approved whichever is sooner.
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 advertisements hereby permitted shall be located strictly in accordance with the positions indicated on the approved plans
Reason: To clarify the drawings on which this approval of permission is founded.
30 Backaround Paoers:
Consultation Responses:
Traffic & Transportation, memo received 27'h February 201 3
Contact information:
Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01 236 632645
Report Date:
22ndMarch 2013
31 APPLICATION NO: 12/01 11 NADV
REPORT
1. Site Description
1.1 This application seeks advertisement consent, in retrospect for the temporary erection of non illuminated advertisement signage, including fascia signage, freestanding hoardings, banners and flags commonly associated with a housing development within a residential area of Airdrie. The development is currently under the last phase of construction by the house builder, Barratt Homes who confirm the remaining 25 units should be completed within 24 months. The signage is located at the entrance to the housing development (junction of Cairnhill Road and Ewart Drive), on a landscaped area fronting Cairnhill Road and at the show home and sales office that are located within the site on Ewart Drive. The application site is located within an established residential area. The housing development consists of modern two storey detached dwellings and three storey flatted blocks whilst the surrounding dwellings facing onto the site comprise modern and traditional detached and semi detached properties, one and two storey in height.
2. Proposed Development
2.1 Following discussion with the agent, revised plans were received proposing the reduction in the amount of flags, freestanding hoarding and banners currently erected within the housing development. It is proposed that three flagpoles, one vinyl banner and three freestanding hoardings will be removed. This application therefore relates to the retention of five flags and flagpoles, seven vinyl banners, 5 fascia signs and nine freestanding signs. All advertisement information relates to the housing development.
2.2 Advertising signage has been erected at the show home and sales office within the site and around the boundary of the site fronting Cairnhill Road. These include flagpoles, vinyl banners, free standing hoarding and fascia signage.
3. Applicant’s Supportina Information
3.1 None received
4. Site History
4.1 Various permissions relating to the housing development granted permission by virtue of planning application 00/00932/OUT: approved 14/03/2001
5. Development Plan
5.1 The application raises no strategic issues and it can be assessed in terms of the local plan policy.
5.2 The site is covered by policy HCF 1A (Residential Areas) and HCF 2 A1 (Sites for (Short Term) Housing Development) of the North Lanarkshire Local Plan 2012.
6.
6.1 Traffic and Transportation have confirmed that they would have no objection to the application provided no signage encroaches into the 9 metre x 120 metre visibility splays from Ewart Drive to 8802 Cairnhill Road. Revised drawings have been received confirming the relevant freestanding signage will be removed outwith the visibility splays of 9 metre x 120 metre.
32 7. Representations
7.1 One letter and two emails of objection were received. The following summarises the points made;
I. The signage sited on the landscaped area fronting Cairnhill Road impacts negatively on the nearby residential dwellings as it is targeted by vandals resulting in noise disturbance during night time hours. This signage also becomes dislodged and blows into the nearby road or neighbouring gardens.
II. The flapping noise of the two flagpoles erected at junction of Cairnhill Road and Ewart Drive is a source of annoyance to the residents of the adjacent flats.
Ill. The banners attached to the fencing fronting Cairnhill Road (south of Ewart Drive junction) visually detract from the entrance to the estate.
IV. The signs are no longer considered necessary to advertise the site as it is now well developed and adequately signposted at the entrance.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. In accordance with Regulations 4 (1) of the Town and Country Planning (Control of Advertisement) (Scotland) Regulations 1984 limits the exercise of the powers of control of advertisements solely to amenity and public safety.
8.2 In terms of the North Lanarkshire Local Plan the site is zoned as HCF 2 AI (Sites for (Short Term) Housing Development) and is currently being built out. The site has been developed since publication of the North Lanarkshire Local Plan 2012 therefore policy HCF1A (Residential Areas) is also of material consideration to the assessment of the application. Policy HCFlA (Residential Amenity) seeks to ensure that all development will have an acceptable impact on the residential amenity of the surrounding area. The advertising signage is located at a site which has planning permission for residential use and as mentioned above in paragraph 1.1 , is currently being developed. The assessment of this application considers whether the signage has an adverse impact on the surrounding residential area and to road and pedestrian safety. As mentioned above in paragraphs 2.1 and 2.2, revised plans have been received proposing the reduction in the amount of signage within the site through the removal of freestanding hoardings, a banner and flagpoles. It is considered that the removal of the signage would lessen the negative visual effect caused by the proliferation of signs and would allow the signage to be set sufficiently back from the road visibility splays so as not to present a hazard to traffic entering and exiting the site or pedestrians crossing at the junction. As a result, it is considered that the cumulative effect of the remaining freestanding hoardings, flagpoles, fascias and flagpoles, relatively typical of the signage erected at similar housing developments, would not visually detract from the residential character of the site and would satisfactorily integrate within the surrounding amenity. It is considered that the advertisements are acceptable and not contrary to policies HCF 2 A1 and HCF 1A.
8.3 The adopted local plan requires all applications be assessed against policies DSP 1 (Amount of Development) DSP 2, (Location of Development), DSP3 Impact of Development and DSP 4 (Quality of Development). Due to the limited scale and nature of the proposal policies DSP 1 , 2 and 3 are not relevant to this application.
33 8.4 Under policy DSP4 development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area in terms of the suitability of the site and its setting and use: the design and scale of the development including the roads access and parking, traffic and transportation links and road safety without having an adverse impact on the amenity of the area. As indicated in paragraph 8.2, it is considered that the advertising signs at the above locations would not have a significant negative impact on the existing site or the character of the wider surrounding area. In addition, transportation raised no objections provided that the signage does not impact on the visibility splays. The siting of the advertisements fronting Cairnhill Road is considered to be at an adequate distance from the adjacent road. It is therefore considered that there is no negative impact on the road and pedestrian safety or sight visibility splay. The signage which is temporary and will be removed upon completion of the development complies with policy DSP4 due to the aforementioned reasons.
8.5 Representations: In terms of the points of objection raised, I would offer the following comments. As mentioned above in paragraphs 8.1 and 8.2, revised plans have been received resulting in the removal of the majority of signage that had raised the concerns of the neighbouring residents. The remaining advertisements are considered acceptable, given the housing development is currently under the final phase of construction and the signage is required to promote the sale of these houses. It is therefore considered that, following the removal of the signage, the remaining banners, flagpoles and freestanding hoarding are suitably sited within the housing development and would not have a detrimental impact on the surrounding area.
9. Conclusions
9. 1 In conclusion, it is considered that the design, location and scale of the remaining advertisement signage is acceptable in that they would not significantly detract from the amenity of the residential area and would not have an adverse impact on road and pedestrian safety. The advertisements are considered satisfactory in terms of the criteria set out in policies HCF 2 Al, HCF 1A and DSP 4 of the North Lanarkshire Local Plan 2012. It is recommended that temporary advertisement consent (retrospective) is approved.
34 Application No: Proposed Development:
12/0 I260/M SC Erection of 97 No. Dwellinghouses Incorporating Associated Roads, Drainage Works and Landscaping
Site Address: Land At Ravenscliff Road Ravenscraig Motherwell MLI 4XB
Date Registered:
7th December 2012
Applicant : Agent: Taylor Wimpey West Scotland N/A Cirrus, Unit C Glasgow Airport Business Park Marchburn Drive Paisley PA3 3SJ
Application Level: Contrary to Development Plan: Major Application No
Ward: Representations: 018 Motherwell South East And Ravenscraig No letters of representation received. Councillors Kaye Harmon, Thomas Lunny, Gary O'Rorke & Alan Valentine
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed residential development is considered acceptable in terms of the criteria set out in the relevant policies of the North Lanarkshire Local Plan. The proposal can be accommodated without detriment to the surrounding area and it will improve the visual amenity at this particular location of Ravenscraig.
35 ~eprod~cedbypermission PLANNING APPLICATION 12/0126O/MSC Produced by of the Ordnance Survey on Planning and Development Environmental Servi behalf of HMSO. 0 Crown Erection of 97 No. Dwellinghouses CopyTight and database right North Lanarkshire C 2009. All rights reserved. Incorporating Associated Roads, Fleming House rwire Ordnance Survey Drainage Works and Landscaping 2 Tryst Road colmdl Licence number lO(xM3396. A Cumbernauld G67 1JW Land At Ravenscliff Road, Ravenscraig, Motherwell. MLI 4XB
36 Proposed Conditions:-
1. 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.
2. 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 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 Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).
3. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: To enable the Planning Authority to consider these aspects in detail.
4. That unless agreed otherwise in writing by the Planning Authority, the design and location of the fences, gates and walls for the development hereby approved shall be as noted on approved drawing no's. Enclosures Layout- Sheet 1 and Enclosures Layout- Sheet 2 Enclosures Types (2 of) and before the development hereby permitted commences, details of the finishing materials for the walls shall be submitted to, and approved in writing by the Planning Authority. Thereafter all fences, gates and walls shall be erected prior to the occupation of each dwellinghouse in accordance with the details approved under the terms of this condition.
Reason: To ensure the provision of appropriate boundary treatments in the interests of the visual amenity of the surrounding area.
5. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a further 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.
6. That any remediation works identified by the site investigation required in terms of Condition 5, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority prior the first dwellinghouse hereby permitted becoming occupied confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future users of the site.
37 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 prior to the occupation of the first dwellinghouse hereby approved 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 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.
10. 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; in particular this should include a scheme for tree and shrub planting along the western boundary, along the western boundary of Plot 58, within the parking courts and surrounding the SUDS pond. (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 schedule for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site and completed before the first dwellinghouse hereby permitted is occupied.
Reason: To enable the Planning Authority to consider these aspects in detail.
11. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of any communal areas, including landscaping and play areas.
Reason: To enable the Planning Authority to consider these aspects in detail.
12. That all works included in the scheme of landscaping and planting, approved under the terms of condition 10 above, shall be completed in accordance with the approved schedule, 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 dwellinghouse becoming occupied, shall be replaced within the following year with others of a similar
38 size and species.
Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.
13. That before the occupation of the last dwellinghouse within the development hereby permitted, the management and maintenance scheme approved under the terms of Condition 11 shall be in operation.
Reason: To ensure ongoing maintenance in the interest of traffic safety and amenity.
14. That before the development hereby permitted starts, a scheme for the provision of the play area within the site as indicated on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, and this shall include:- (a) details of the type and location of play equipment, seating and litter bins to be situated within the play area; (b) details of the surface treatment of the play area, including the location and type of safety surface to be installed; (c) details of the fences, gates and animal grids to be provided around the play area, and (d) a detailed schedule for all landscaping works which shall provide for these works being carried out and all works shall be completed in accordance with the timescales specified in Condition 15 for the completion of the play area.
Reason: To ensure the provision of adequate play facilities within the site.
15. That before the occupation of the 50thdwellinghouse within the development hereby permitted, all works required for the provision of the equipped play area included in the scheme approved under the terms of Condition 14, shall be completed to the satisfaction of the Planning Authority.
Reason: To ensure the provision of adequate play facilities within the site.
16. 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.
17. 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.
18. 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 within the site.
19. That before the development hereby permitted commences, details of a site entrance feature shall be submitted to and approved in writing by the Planning Authority, and thereafter shall be constructed in accordance with the details approved under the terms of this condition prior to the occupation of the first dwellinghouse.
39 Reason: In the interests of the visual amenity of the site and the general area.
20. That the applicant shall ensure, to the satisfaction of the Planning Authority, that continued vehicular and pedestrian access to the BRE Innovation Park shall be provided at all times during the construction period and thereafter.
Reason: In the interests of maintaining vehicular and pedestrian access to the adjacent BRE Innovation Park.
21. That before any dwellinghouse within the development hereby permitted commences, the continuation of the length of Ravenscliff Road to Plot 27 shall be constructed to ensure vehicular and pedestrian access to the BRE Innovation Park, to the satisfaction of the Planning Authority.
Reason: To ensure satisfactory access/egress into the site and to the BRE Innovation Park.
22. That should 12 months or more elapse between the timing of the initial ecological survey dated January 201 3 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.
Reason: In the interests of the protection of natural habitats and protected species.
23. That prior to commencement of development, a Construction Method Statement shall be submitted to and approved by the Planning Authority. For the avoidance of doubt, the Construction Method Statement shall cover:
0 Details of the proposed phasing of all works; Details of all on-site construction including means of access to the site and; 0 A dust management plan during the construction period:
The development shall be implemented in accordance with the approved Construction Method Statement.
Reason: In the interests of the amenity of the area particularly neighbouring BRE Innovation Park to ensure that necessary contingencies are in place, to minimise pollution risks arising from construction activities.
40 Consultation Responses:
Memos from Transportation received 21" Dzcember 2012 and 21'' Fytruary 2013. Memo from Protective Services received 19 December 2012 and 11 March 2013. Memo from Greenspace Development (Biodiversity) received 2lt; December 2012. Memo from Greenspace DeyFlopment (Landscape) received 12 December 2012. Letter from SPT received 25 January201 3. Letter from Scottish Water received 28 December 201 2. Letter from SEPA received 20thDecember 2012.
Contact Information:
Any person wishing to inspect these documents should contact Miss Heather Gebbie at 01 236 632494
Report Date:
26'h February 201 3
41 APPLICATION NO. 12/01260/MSC
REPORT
1. Site Description
1.I The application site measures approximately 3.8 hectares and comprises of vacant, brownfield land within the central part of the former Ravenscraig Steelworks site. The application site was subject of previous engineering and platforming works to prepare the site for residential development. This particular location of Ravenscraig is identified for housing (Carfin area) in the approved Ravenscraig Masterplan. The site is bounded by the BRE Innovation Park and South Calder Water to the south, Plantation Road to the west and similar platformed land to the north and east. The Wishaw Deviation railway line lies beyond the wider platformed site to the east. The site is relatively flat however it should be noted that it sits at a lower level than the adjacent BRE Innovation Park. Access to the site is taken via Ravenscliff Road which leads from Plantation Road to the west.
2. Proposed Development
2.1 The applicant seeks approval of matters specified in conditions associated with outline planning permission Ref. 01/00758/OUT. Approval is sought for the erection of 97 dwellinghouses with associated roads, drainage works and landscaping. The dwellinghouses would be two and two and a half storeys in height and be semi- detached, detached and terraced in style. The applicant proposes to use a palette of materials including facing brick, render and concrete roof tiles and each dwelling will have a pitched roof. An equipped play area would be located centrally within the site and a SUDS pond would be constructed in the south east part of the site. In terms of access arrangements, there is an existing access road (Ravenscliff Road) serving the adjacent BRE Innovation Park. This access leads from Plantation Road to the west to the site. The applicant proposes to access the site by constructing a continuation of Ravenscliff Road. The applicant also proposed to close the existing BRE access point on Ravenscliffe and construct a new entrance to their site on the new length of Ravenscliff Road
3. Applicant's Suwortina Information
3.1 The applicant has submitted a Design and Access Statement, Noise Impact Assessment, Protected Species Survey and Detailed Drainage Scheme in support of the application.
4. Site History
4.1 The following planning applications are relevant:
0 01/00758/OUT: Mixed Use Development Comprising Residential Areas, Primary Schools/Community Uses, Business and Employment Uses, Open Space, a New Town Centre Including Retail, Leisure, Busicess, Housing and Hotel and Associated Transport Infrastructure. Granted 1 1 March 2005. 0 06/00684/FUL: Construction of Roads, Re-Profiling of Ground to Create Development Platforms with Associated Infrastructure and Landscaping. Granted 2ndAugust 2006. 06/00685/REM: Construction of Roads, Re-Profiling of Ground to Create Development Platforms with Associated Infrastructure and Landscaping. Granted 2ndAugust 2006.
4.2 Also relevant is Area Planning Brief 1 (APBI) which sets out detailed design guidelines and principles for the Carfin, Cleekhimin and South Calder Residential Areas within Ravenscraig. This Area Planning Brief was approved under the terms of Condition 12 of outline planning permission Ref 01/00758/OUT on 11th April 2006.
42 5. DeveloPment Plan
5.1 The site is zoned as Policy HCM A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012.
5.2 The site is also identified as a Development Strategy Area Priority (DSAP2- Ravenscraig) in the North Lanarkshire Local Plan.
6. Consultations
6.1 A summary of the comments received from the consultees is as follows:
Transportation has no objections to the proposed development. Protective Services commented that a site investigation report requires to be submitted prior to development commencing and a noise impact assessment requires to be submitted in relation to the nearby railway line. Greenspace Development (Biodiversity) commented that they are content with the findings of the submitted ecology report and offered comments in relation to the impact of the development on the nearby Community Nature Park. Greenspace Development (Landscape) has no objection to the proposals subject to detailed landscaping plans and an associated maintenance scheme is submitted. SEPA has no objection to the proposed development on flood risk grounds. Scottish Water commented that there is capacity at Balmore Water Treatment Works to service the proposed development. SPT commented that the applicant should fund the provision of a bus service for a 3 year period relating to the phasing of the development and that bus infrastructure should be provided to serve the site. They also commented that Travel Information packs should be produced for residents in relation to sustainable travel prior to the occupation of each dwelling.
7. Rewesentat ions
7.1 No letters of representation have been received in relation to this application following the neighbour notification procedure and press advertisement.
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. As the site is identified as a Flagship Strategic Development Location (Ravenscraig) in the Glasgow and the Clyde Valley Strategic Development Plan (SDP) 2012, it is considered that the proposal complies with the SDP and therefore raises no issues of a strategic nature. As such, it can therefore be assessed in terms of the local plan policies. The site is zoned under Policy HCF2 A1 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan (NLLP).
DeveloDment Plan:
8.2 The site is located within Ravenscraig which is identified as a Development Strategy Area Priority (DSAP2). The proposed residential development accords with this DSAP as it supports the regeneration of this former industrial site.
8.3 As the site is zoned for short term housing development as an addition to the Housing Land Supply under Policy HCF2 All the principle of residential development at this location is considered to be acceptable. As such, the proposal complies with this local plan policy.
43 8.4 The proposed development also requires to be assessed against Development Strategy Policies DSPI -4 which include DSPl (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development). With regard to Policy DSPI (Amount of Development), the proposal falls within sites allocated for residential development as detailed in paragraph 8.2 above. The amount of development is therefore considered to be acceptable. In terms of Policy DSP2, the site is a proposed addition to the housing land supply and as such, it is consistent with the NLLP’s locational criteria. The proposal is therefore in accordance with Policies DSPl and 2.
8.5 Policy DSP3 (Impact of Development) considers the impact of the proposed development in terms of its requirements for additional community facilities or infrastructure which is necessary to meet future demands on existing provisions. As the proposals do not have any impact on the surrounding infrastructure or require additional community facilities, it is considered that the proposal complies with Policy DSP3.
8.6 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. In terms of the local plan policy, proposals require to be assessed against a set of criteria and the paragraphs below assess the proposal against such criteria.
a. Desian Principles lncludina Provision for the Development and Links to Nearbv Green Networks
In terms of design principles, the applicant requires to take account of Area Planning Brief (APBI) in any design of the proposed residential development. This document was approved on llthApril 2006 as a requirement of a planning condition (No.8) attached to the outline planning permission Ref. 01/00758/OUT. The APB incorporates a set of detailed design guidelines for any residential development within the defined South Calder, Cleekhimin and Carfin residential areas. The application site is located within the southern part of the identified Carfin residential area as shown in the approved APBI . The applicant has designed the site layout in order to accord with the design principles contained in the APB which include guidelines on housing design, landscaping, public realm works, feature character buildings and density. The proposed site layout has been designed with future road connections which have the ability to connect to the proposed Carfin Neighbourhood Square and Primary School to the north and wider residential areas also to the north and east. In terms of links to nearby Green Networks, there is no direct access to the proposed Community Nature Park to the south east however there are pedestrian routes to this area through the future development of the town and retail centres.
b. Safe. Inclusive. Convenient and Welcomina Development
In considering these criteria, the proposed access, parking and the impact of the proposal on the road network must be assessed. Within Ravenscraig, there have been significant road works already undertaken including the construction of access road and the main Spine Road for future residential development within the areas covered by APB. The proposed site layout has been designed to take account of national policy guidance ‘Designing Streets’ in order to create an internal road network that slows traffic speed without additional traffic calming measures. The layout of the housing creates a sense of place by locating the dwellinghouses appropriately within plots. Furthermore, the proposed site layout includes a gateway feature building at the entrance to the residential development and a two and half storey dwellings along the western boundary at Plantation Road to create an attractive site frontage. Within the central part of the site, the applicant proposes an equipped play area and surrounding amenity space which is well overlooked by residential properties. The location and size of the play area accord with the
44 guidelines contained in the APB. The above detailed design elements therefore create a safe, welcoming development for all future residents of the housing.
c. Enerav Resources and Sustainable Development
The proposal will result in sustainable development through the regeneration of the Ravenscraig brownfield site and will improve its visual amenity.
d. Air Qualitv, Noise and Pollution ImDacts
With regard to noise, Protective Services have reviewed the submitted noise impact assessment and are content with its findings and there is no requirement for any further measurement work or any mitigation measures in respect of noise and vibration for the proposed development. In terms of the construction of the housing, planning condition is recommended to ensure a Construction Method Statement is submitted which includes the phasing of all works prior to any works commencing in order to minimise any environmental impacts on the adjacent BRE Innovation Park.
e. Water Bodv Status
The South Calder Water lies to the south east of the site within a steep gorge. The watercourse sits approximately 20 metres below the level of the platformed ground subject of this application. As such, SEPA have raised no concerns with regard to flood risk. In terms of drainage, the applicant has submitted a detailed drainage scheme and a planning condition is recommended to ensure that the construction of the SUDS drainage scheme is in accordance with the submitted details.
f. Impact on Local Amenitv
Given that the application site is not bounded by any residential dwellings due to its location within Ravenscraig, it is considered that there will be no adverse impacts on residential properties. The site lies adjacent to the BRE Innovation Park which accommodates exhibition houses for demonstration purposes and a visitor centre. As the BRE Innovation Park is not significant in scale in terms of its activities, there would be no adverse impacts on the Park or conversely from the Park activities on the proposed housing subject of this application.
In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4.
Other Material Considerations:
8.7 The national planning policy document ‘Designing Streets’ is a material planning consideration in the determination of this application. This policy document aims to create successful places through street design. As detailed in paragraph 8.6 above, the proposed site layout has been designed taking into account the principles contained in this document and is considered to satisfactorily comply with this national planning policy.
Consultations:
8.8 In terms of the consultation responses received from Landscaping, Scottish Water and Protective Services, planning conditions are recommended in respect of their requirements for drainage infrastructure and a site investigation report. With regard to the comments received from SPT it is considered that it would be inappropriate to require one developer to subsidise a bus service for 3 years particularly given the size of the site relative to the wider Ravenscraig development. This obligation has not been pursued at other similar residential sites within Ravenscraig and it is considered that public transport is adequately provided for through other obligations on Ravenscraig Ltd which will be triggered at certain points in the future. However in
45 relation to travel information packs, this matter can be dealt with through advisory notes to the applicant. In terms of Greenspace Development (Biodiversity) comments in relation to the Community Nature Park, the works associated with the Park are not subject of this application and will be undertaken as part of the development of the town and retail centres.
9. Conclusions
9.1 In conclusion, following detailed assessment of the application and taking account of the site history, it is considered that the proposed residential development is acceptable when considered against the relevant policies of the North Lanarkshire Local Plan. It is therefore recommended that planning permission is granted subject to conditions.
46 Application No: Proposed Development:
12/0 1335/PPP Residential Development with Associated Works (In Principle) Site Address:
Site At St Andrews Drive Westerwood Cumbernauld North Lanarkshire
Date Registered:
17th December 2012
Applicant: Agent: Ogilvie Homes Ltd Jones Lang LaSalle Ogilvie House 150 St Vincent Street Pirnhall Business Park Glasgow Stirling G2 5ND FK7 8ES Ap plicat ion Level : Contrary to Development Plan: Major Application No
Ward: Representations: 002 Cumbernauld North 248 letters of representation received. Balwant Singh Chadha, Alan Masterton, Barry McCulloch, Alan O'Brien,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The residential proposals (submitted in outline) are considered to be in accordance in principle with the relevant policies contained in the North Lanarkshire Local Plan 2012 and associated Supplementary Planning Guidance. It is considered the proposed development could be accommodated at this site without detriment to the character and amenity of the surrounding area. Satisfactory measures would be introduced to mitigate impacts on the adjacent SlNC and the setting of the Antonine Wall (World Heritage Site).
47 Produced by P IB rt n in U and D 1%e too rn r nf
48 Proposed Conditions:-
1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, car and cycle parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) details of the management and maintenance of the areas identified in (d) above; (f) the design and location of all boundary walls fences; (9) the provision of surface drainage works incorporating SUDS; (h) the disposal of sewage; (i) details of existing trees, shrubs and hedgerows to be retained; (j) details of existing and proposed site levels. (h) details of no-development buffer zone (minimum width 2m) between the SlNC and development area. (i) details of a play area commensurate with the scale of the proposed development.
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 unless otherwise agreed in writing the proposed development site shall be restricted to a maximum number of 100 residential units.
Reason: To ensure the site is not overdeveloped to the detriment of the amenity of the surrounding area and to limit impacts on roads, drainage infrastructure and education provisions.
3. 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 users of the site.
4. That any remediation works identified by the site investigation required in terms of Condition 3, shall be carried out to the satisfaction of the Planning Authority. Before the development is brought into use, a certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future users of the site.
5. 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
49 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.
6. That the SUDS compliant surface water drainage scheme approved in terms of Condition 5 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.
7. 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.
8. That notwithstanding the terms of Condition 1 above, the application for approval of the matters shall include details for the provision of 25% affordable housing, in accordance with the provisions of Policy HCF 3 of the Finalised Draft North Lanarkshire Local Plan. Subsequently affordable housing shall be provided in full accordance with that agreed scheme.
Reason: In order to secure the provision of affordable housing.
9. Notwithstanding the requirements of Condition 1 a detailed Woodlands Management and Biodiversity Plan (BP) covering the adjacent SINC, Buffer Area and northern “carse” area including details of proposed mitigation measures and a timetable for their implementation shall also be submitted to the Planning Authority.
(For the avoidance of doubt a detailed site layout plan shall incorporate a minimum 2m wide SINC protection buffer area to the satisfaction of the Planning Authority).
Reason: To enable the Planning Authority to consider these aspects in detail.
10. That notwithstanding the terms of condition 1 further details of the following requirements shall be submitted to and approved by the Planning Authority:
0 Details of a roundabout provided at the site access should be provided and its design shall comply fully with the standards indicated in the Design Manual for Roads and Bridges.
0 Details of footpath upgrading works on St Andrew’s Drive (to adoptable standards) should be provided and this shall include widening of the existing carriageway from 5.75m to a minimum of 6.0m. Details indicating that the existing visibility splay of 4.5m x 90m to the right of The Links along St Andrew’s Drive should be demonstrated and maintained.
0 Details of a 2.0m wide footway shall be provided along the frontage of the site to connect with existing footway on the west side of The Links and pedestrian access to the hotel.
0 Details of the proposed road layout should be provided in accordance with the principles indicated in ‘Designing Streets’ published the Scottish
50 Government or the standards currently adopted in North Lanarkshire.
0 Parking to be provided in accordance with the standards currently adopted in North Lanarkshire. Details of the provision of an additional bus stop positioned along Eastfield Road shall be provided with the written agreement of SPT
Reason: To enable the Planning Authority to consider these aspects in detail.
11. That no development shall take place within the development area until the applicant has secured the implementation of a staged programme of archaeological work in accordance with a Written Scheme of Investigation which has been submitted by the applicant, agreed by the local Archaeology Service and approved by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
12. That notwithstanding the terms of condition 1 a Landscape and Visual Impact Assessment shall be submitted with any further planning application to demonstrate that the proposed housing development shall not have a significant impact on the setting of the Frontiers of the Roman Wall (Antonine Wall) World Heritage Site, (WHS Buffer Zones) and Scheduled Monument).
Reason: To enable the Planning Authority to consider these aspects in detail.
13. That before any detailed planning application is submitted full details of the required SlNC Protection Buffer Zone shall be submitted for the consideration and written approval of the Planning Authority. These details shall include scaled plans of the extent of the proposed buffer zone and the northern boundary of the proposed construction area including the positioning of all trees that are to be retained and protected.
For the avoidance of doubt the minimum width of the buffer zone shall be 2m and this shall be extended to ensure all mature trees located within the vicinity of the proposed construction site are adequately protected.
Reason: To enable the Planning Authority to consider and approve these aspects in detail before any further planning application is submitted for consideration.
Consultation Responses:
Rathmell Archaeology Limited received 151'~January 20:: NLC Greenspace (Landscape) received 3'PhJanuary, 25 Fc$ruary and 12'h March 2013 NLC Greenspace (Biodiversity) repived 4 January and 28 February 2013 Scottish Gas Network receiyd 15 January 2013. Historic Scotland received 7 Jpuary 2013. NLC Play Services received 14 January 201 3. NLC Education received 1gth March 201 3. NLC Environmental Health (including Pollution Control) received 4'hJanuary and 21 '' February 2013 Scottish Rights Of Way and Access Society received 29 January 2013. NLC Traffic & Transportation received 7thJanuary 2013. Scottish Environment Protection Agency received 15'h January 2013. Scottish Water received 27 December 2012 Scottish Natural Heritage received 15'h January and 2Cith March 2013. The Coal Authority received 4thJanuary 2013 NLC Housing and Social Work received 25'h March 2013
51 Contact Information:
Any person wishing to inspect these documents should contact Mr Colin Marshall at 01 236 632497
Report Date:
5th April 201 3
52 APPLICATION NO. 12/01335/PPP
REPORT
1. Site Description
1.1 The application site area extends to some 9.75 hectares and encompasses 3 separate land forms including: a low lying “carse” which consists of marsh/grassland area to the north; a steep sloping mature woodland (Drumcap Plantation) escarpment, (designated as a Site of Interest for Nature Conservation (SINC) which traverses the centre section of the site and an elevated plateau of rough grassland to the south which would accommodate the proposed development area. (Refer to Location Plan)
1.2 The site is bounded to the west and southwest by the Westerwood Golf Course and Hotel and to east by an existing residential development. To the north the site is bounded by an open “carse” area which includes part of Cumbernauld Airport runway and beyond this a preserved section of the Antonine Wall (World Heritage Site). Core Path 77 is located to the east and leads past the northern edge of the SINC towards the Antonine Wall.
2. Proposed Development
2.1 Planning permission is sought in outline for a residential development with associated works. The applicant anticipates that the developable part of the site (elevated plateau to the south) would be large enough (4.9ha) to accommodate around 100 residential units depending on a final site layout plan which will be based on the Designing Streets guidance
2.2 A new road access would be provided via a new roundabout constructed on St Andrews Drive which provides existing access to the Westerwood Hotel/Golf Course and the residential area at Edenside and The Links.
3. Applicant’s Supportinci Information
3.1 The applicant has submitted the following documents in support of their application:
Pre-Application Consultation Report Design and Access Statement Planning Statement Transport Assessment Landscape Assessment and Addendum Archaeological Assessment Noise Assessment Westerwood Tree Protection Plan Tree Survey Drainage Assessment Phase 1 and Protected Species Survey Review of Otter and Water Vole Location and Site Plans
4. Site History
4.1 Planning Application 01/00502/OUT was refused planning permission on 2nd September 2002. This proposal included the reconfiguration of the Westerwood Golf Course and the construction of 257 houses at 4 separate site locations including the proposed development site.
53 A subsequent planning permission appeal (ref: PPA-320-138) was dismissed by Scottish Ministers on 23 April 2003 as the proposal was considered to be contrary to the green belt policies set out under the former development plan (Cumbernauld and Kilsyth Local Plan). The 4 separate sites indentified by the developer at that time were not considered to be viable housing sites and would have resulted in significant impacts on traffic, infrastructure provisions, would be visually prominent and remove areas of ancient woodland and loss of visual buffer areas.
5. DeveloDment Plan
5.1 The application site is located within an area covered by Policies HCF2 A2 (Sites for Short Term Housing Development), NBE 1A4a (Site of Importance for Nature Conservation) and HCF 161 (Community Facilities)’ Policy HCF3 Assessing Affordable Housing Development would also be relevant.
5.2 Policies NBE1 BI(a) (Frontiers of the Roman Wall (Antonine Wall) World Heritage Site), NBE 1 61 (b) (WHS Buffer Zones) and NBE B2(a) (Scheduled Monuments) are also relevant.
5.3 Development Strategy Policies DSP 1,2,3 and 4 require to be taken into account for all planning applications
6. Consultations
6.1 A summary of the comments received from the consultees is as follows:
a) NLC Transportation Section had no objections to the proposals subject to conditions requiring further details of the proposed roads layout and access provision. An additional bus stop was also required to improve access to the public transport networks. b) NLC Protective Services had no objection subject to conditions requiring further information on site investigation before any development commenced. They agreed with the conclusions of the Noise Report that there would be no significant noise impacts from Cumbernauld Airport and that there would be no requirement for an Air Quality Impact Assessment. c) NLC Greenspace Development (Biodiversity) would object to the proposals unless a protective buffer zone (minimum width 2m) is maintained between the SlNC woodland and the northern edge of the proposed residential development area and that a woodlands management scheme incorporating biodiversity enhancement measures covering the protected SlNC area be introduced as part of the detailed development proposals. d) NLC Greenspace Development (Landscape) commented on the scope and detail of the LVlA however there was no objection in principle and considered the proposed development site would have no unacceptable landscape impacts and would be adequately screened from the WHS Antonine Wall. e) Historic Scotland had no objections and considered that the site would not have an impact on the Antonine Wall HWS or its setting. g) SNH had no objection subject to conditions requiring updates to all of the submitted Protective Species Surveys before any development is commenced. h) NLC Leaning and Leisure had no objection as there was considered to be sufficient capacity in local schools to accommodate the proposed residential development. i) SEPA have no objection to the proposed development and offered comments in relation to foul and surface water drainage and waste materials from the demolition of the building. It was requested that a SUDS be provided. j) Scottish Gas had no objection. k) The Coal Authority had no objection subject to a condition I) Rathmell Archaeology had no objection subject to condition requiring a staged programme of archaeological works be submitted in accordance with a Written Scheme of Investigation agreed with RA and approved by the Council before any development commenced on site.
54 m) NLC Play Services had no objection subject to condition requiring provision of a play area within the site. n) The Rights of Way Society had no objections provided an existing right of way which traverses the site to the north is protected and kept open for public access use. 0)Scottish Water had no objections subject to conditions requiring SUDS. p) Housing and Social Works Services confirmed that a 25% affordable housing provision would apply to this scale of housing development.
7.
7.1 A total of 248 letters of representation (mostly pro-forma type) including a letter from Westerwood Community Council were received and the terms of objection can be summarised as follows:
i) The scale of the proposed residential development would significantly overstretch the existing infrastructure in terms of additional impacts on local traffic, local schools and local medical facilities. ii) There would be a significant impact on the environment with increased noise, traffic and a major change to the outlook from the adjacent residential area. iii) The proposals will add to existing drainage problems. iv) The proposed development would cause overshadowing to existing properties at Edenvale, reduce the outlook and have a detrimental impact on the environment. v) The proposals would cause traffic, parking, access and drainage problems. vi) There is no information on the number of houses proposed or their design and due to severe gradient to the rear of the existing houses there will be an unacceptable loss of privacy. vii) A previous residential proposal was refused planning permission at appeal due to inadequate infrastructure provisions to accommodate further residential development at this site.
7.2 There were requests made by some objectors for a site visit and hearing before the Council took their decision on the proposed development. The reason for the request is to enable residents to express their concerns over the development of this site and its potential impacts on their exiting homes.
8. Planning Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 The application site is not identified as a Strategic Economic Investment Location in terms of the Glasgow and Clyde Valley Development Plan Area 2012 and in turn this application is not considered of strategic nature. As such, it can therefore be assessed in terms of the local plan policies.
8.3 The site is covered by Policy HCF2 A2 (Sites for Short Term Housing Development) in the North Lanarkshire Local Plan 2012 and Policy NBE 1A4a (Site of Importance for Nature Conservation) and HCF 1B1 (Community Facilities)’.
8.4 As the proposed development site is around 400m to the south of the Antonine Wall WHS, policies NBE1 Bl(a) (Frontiers of the Roman Wall (Antonine Wall) World Heritage Site), NBE 1 B1 (b) (WHS Buffer Zones) and NBE B2(a) (Scheduled Monuments) also require to be taken into account in terms of any impacts on the WHS and its setting.
8.5 The proposed development also requires to be assessed against Development Strategy Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of
55 Development).
Develooment Plan:
8.6 As the site is zoned for short term housing development as an addition to the Housing Land Supply under Policy HCF2 A2, the principle a residential development at this location is considered to be acceptable. As such, the proposal complies with this local plan policy. The developer intends to include a 25% provision of affordable housing units to meet the terms of policy HCF 3.
8.7 The site is also covered by policy NBE 1A4a (SINC) which seeks to protect such designated areas from inappropriate development. It is noted that some 9% of the SINC’s designated area (mainly low value scrub woodland) would be lost to the development and whilst the developer has advised this loss would be off-set by additional planting areas (24%) in the retained SlNC area and northern carse area, NLC Greenspace (Biodiversity) would object to the proposals unless requested a non development buffer area (minimum width 2m but extended where appropriate to include the canopy spread of any mature trees) is retained and maintained between the development area’s northern boundary edge and the SlNC Woodland escarpment ridgeline.
This additional mitigation measure has been agreed with the applicant and its provision could be covered by planning condition. This would offer additional safeguards to the SlNC woodland and complement and protect the improvements realised by the SlNC Woodland Management Plan also proposed by the developer. As such it is considered that the proposals would not be considered contrary to the aims of policy NBE 1 A4a (SINC).
8.8 Part of the application site also incorporates an area of open “carse” land located within the northern section which is zoned as HCF 1 61 (Community Facilities) which sets out to protect existing community facilities. The developer proposes to enhance this open carse area in association with the SlNC Woodland Management Scheme with the agreement with NLC Greenspace (Biodiversity) with the aim of enhancing its open aspects for the benefit of the local community. As such it is considered that the proposals would accord with the aims of Policy HCF 1 61,
8.9 Policies NBE1 Bl(a) (Frontiers of the Roman Wall (Antonine Wall) World Heritage Site), NBE 1 61 (b) (WHS Buffer Zones) and NBE B2(a) (Scheduled Monuments) also require to be taken into account in terms of any impacts on the WHS and its setting. The LVIA includes enough details that demonstrated that the proposed development would not have any significant visual impact on the WHS or its setting. Cross section details and viewpoints demonstrate that there would be adequate space and screening between the development site and the Antonine Wall. There was no objection from Historic Scotland in this regard and in principle it can be determined that the proposed development would be in accordance with these policies. However, it would be appropriate to seek further information at any detailed planning application stage and this could be covered by condition.
8.10 With regard to Policy DSP1 (Amount of Development), the proposal falls within sites allocated for residential development as detailed in paragraph 8.3 above, the amount of development (indicative provision of 100 units) is considered to be acceptable. The proposal is therefore in accordance with Policy DSP1.
8.11 Policy DSP 2 (Location of Development) is not require further consideration as the site is zoned as a potential housing site in the development plan.
8.12 With regard to Policy DSP3, the proposed development would not have an impact on local school or health care provisions. Whilst some of the objectors consider the proposals would have a significant impact on such resources NLC Education has confirmed that local schools have sufficient provision to accommodate this scale of
56 development and previous pre-application correspondence between the developer and NHS Lanarkshire (included as part of the application details) confirms that the proposed development would not have a significant impact on existing local health services. The scale of the proposed development will not impact on the local roads network but would require a new access and roundabout on St Andrews Drive. The application site boundary can accommodate such a provision and could be covered by planning condition as required. As such the proposals are considered to accord with DSP 3 (Impact of Development).
8.13 Policy DSP4 (Quality of Development) requires development proposals to only be permitted where high standards of site planning and sustainable design are achieved. Proposals require to demonstrate that: an appraisal has been carried out of the existing character and features of the site and its setting, existing rights of way or features or historic environment interest will be safeguarded or enhanced, the proposed development takes account of the site appraisal and any evaluation of design options, achieves a high quality development against a list of detailed criteria. The following paragraphs assess the proposal against the list of detailed criteria.
Design Principles: As this application seeks planning permission in principle, design details and site layout would be assessed through any subsequent matters specified in conditions (MSC) application. Planning conditions can be proposed to ensure that any development approved meets the Council’s requirements in terms of a high quality design, open space requirements and minimising the impact on the surrounding area. It is considered that there is adequate provision within the site to accommodate the residential development and it would be of a scale and proportion that would be in keeping with the character of the adjacent residential area. The site would be located on the semi-urban rural fringe where there are existing footpath links to outlying rural areas including the Antonine Wall WHS to the north therefore there would be direct link from the residential site to this part of the wider green network.
Safe, Inclusive and Welcoming Development: In considering these criteria, the proposed access, parking and the impact of the proposal on the road network must be assessed. Whilst the proposals have been submitted in outline NLC Transportation had no objection in principle subject to conditions. The developer has indicated that any detailed site layout would be set out under the latest Designing Streets criteria. It is considered that the proposed development could be appropriately designed to be safe, inclusive and welcoming.
Energy Resources and Sustainable Development As noted above the proposed development would utilise a site that was previously quarried and in-filled. In terms of sustainable construction, the detailed design of any house types will be assessed as part of any future subsequent matters specified in conditions (MSC) application. The developer has demonstrated that appropriate mitigation measures can be introduced to ensure that any impacts on the SINC. These include the off-set planting proposals and the introduction of a buffer zone between the SlNC and development area which would protect the SlNC enhancement works.
Air Quality, Noise and Pollution Impacts: With regard to noise, Protective Services have reviewed the submitted noise impact assessment and are content with its findings. Given the previous quarry/infill history it was also recommended that further site investigations are considered before any construction work begin and it is considered this could be covered by planning condition. PS would require an Air Quality Impact Assessment should the proposed residential development generate more than 300 vehicles. Given the site area it is envisaged the the site would only be capable of supporting around 100-120 units depending on the final house type design. As such an AQlA would not be required however it may be appropriate to set out a condition which restricts the maximum number of houses to 100 units at this outline stage.
57 Water Course Status: There are no water bodies within or in close proximity to the site. In terms of drainage, the applicant has submitted a drainage strategy and a planning condition is recommended to ensure the submission of a detailed SUDS drainage scheme as part of any future detailed or matters specified in conditions application.
lmpact on Local Amenity: This application seeks permission in principle only, with the design, layout, position and height of buildings and landscaping would be assessed in any subsequent matters specified in conditions application. It is considered that the site could accommodate residential development without any detrimental impacts on the amenity of the existing housing to the east off St Andrew’s Drive.
Taking these matters into consideration it can be concluded the proposals would in principle meet the requirements of Policy DSP 4 Quality of Development,
Consultations
8.14 Whilst there were no objections to the proposed development from any of the consultees, the developer will be required to consider various mitigation measures to minimise impacts but these can be covered by planning condition at any detailed planning application (MSC) stage. NLC Greenspace (Biodiversity) has insisted that a buffer zone is provided to protect the retained and enhanced SlNC area from the residential development area and this has been agreed with the applicant. SUDS provision could also be covered by planning condition.
Representations
8.15 In terms of letters of representation points of objection, the following comments are in response:
i) As discussed at para 8.12, it is considered there would be no significant impact on local education and health facilities. NLC Education had no objection and considered there was sufficient capacity in local schools to accommodate the development. The applicant provided copies of pre-application discussions with NHS Lanarkshire that advised that the proposals would not impact on existing health facilities. ii) Whilst there may be some additional noise during any construction phase, this would be and controlled via environmental regulations where there would be a requirement to keep within noise and dust emission thresholds. The proposed development will generate additional vehicle movements on the local and wider roads network, this is not considered to be significant enough to warrant any traffic impact mitigation works beyond provision of a roundabout access to the site off St Andrews Drive. It is agreed that the western outlook from the existing residential estate (The Links and Edenside) would change due to the development however this would not be to the detriment of residential amenity. The current outlook includes longer views towards the Westerwood Hotel and golf course however foreground views include the scrub woodland, an ad-hoc material storage yard and fenced car park associated with the golf course. This loss of outlook can not be considered as significant impact and cannot be given weight to suggest the proposals are refused planning permission. iii) The proposed development would include its own drainage system and would include SUDS in line with current design requirements set out by Scottish Water, who had no objection to the development and considered there was adequate water supply available and adequate capacity for foul water discharge from the development site. iv) Overlooking issues would be an important consideration at any detailed planning application stage where the developer would need to insure that any detailed layout plan would not result in any unacceptable loss of privacy. Current design standards set out to ensure such circumstances are avoided. The main environmental impacts from this proposal have been identified and it is considered that adequate mitigation measures can be implemented to limit such impacts to acceptable levels. VIConverselv it is considered the DroRosals would not cause significant traffic,
58 parking, access and drainage problems. As noted above there was no objection from Transportation or Scottish Water. vi) No detailed layout plan was provided as this level of detail is not required to be submitted at the planning permission in principle (PPP) stage of the planning process. Whilst it can be noted that the landform rises to the west, it is not agreed this is a significant gradient where any new residential development would result in a loss of privacy to existing residents to the detriment of their amenity. vii) The appeal decision taken in 2003 by Scottish Ministers refers to a much larger development of 257 houses covering 4 separate sites in and around the Westerwood area. As noted above the appeal was dismissed on the basis that it was contrary to the green belt policies of a former development plan. The sites indentified by the developer at that time were not considered to be viable housing locations and would have resulted in significant impacts on traffic, infrastructure provisions, would be visually prominent and remove areas of ancient woodland and loss of visual buffer areas. Conversely, the current proposals have been assessed under the terms of the current development plan and are considered acceptable in policy terms. The site is allocated as a potential housing site under policy HCF 2 A2 (Additions to Housing Land Supply), and a maximum number of 100 units would be proposed. Moreover there would be no significant impacts on infrastructure or the local environment subject to appropriate mitigation measures covered by condition of any planning consent.
Having considered the terms of objections set out above it can be concluded that they cannot be sustained or merit any reason to render the outline residential proposals unacceptable.
9. Conclusions
9.1 In conclusion, it is considered that the proposed development is an acceptable in terms of the policies of the North Lanarkshire Local Plan. There was no objection from consultees subject to conditions and any further issues raised would be subject to further assessment at the detailed (MSC) stage. Whilst the concerns expressed by neighbouring residents can be noted, the terms of objection can not be sustained. The previous appeal decision was issued some time ago and the development plan has now been updated where the site has now been zoned as a potential residential development site. This cannot therefore be given weight in consideration of the current proposals. It is therefore recommended that planning permission in principle be granted subject to conditions.
59 Application No: Proposed Development:
12/01355/FUL Construction of New Community Health Centre Containing One Large GP Practice, a Dental Practice and NHS Community Health Service Accommodation with Associated Car Parking and Service Yard Shared with the Adjacent Kilsyth Swimming Pool
Site Address:
Land Adjacent To Kilsyth Swimming Pool 1 Airdrie Road Kilsyth Glasgow North Lanarkshire
Date Registered:
20th December 201 2
Applicant: Agent: NHS Lanarkshire Reiach And Hall Architects NHS Lanarkshire Headquarters 6 Darnaway Street Kirklands House Edinburgh Fallside Road EH3 6BG Bothwell G71 8BB
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 001 Kilsyth 0 letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposal broadly complies with the relevant policies (HCF1B1 and DSP1-4) of the North Lanarkshire Local Plan, would integrate satisfactorily with the surrounding area without causing any adverse impacts on amenity and would be of benefit to the wider community.
60 NHS Lanarkhire Construction of New Community Health Centre Containing One Large GP Practice, Repaduced by pemission a Dental Practice and NHS Community Produced by dtheohance Suwq on Planning and Development behatfofHMS0. QCrnwn Health Serves Accommodation with Environmental Sewices Copyrigtt and database ti&l Associated Car Parking and Service Yard North bnarkshire C 2009. Anti@ rem&. Shared with the Adjacent Kilsyth Swimming Fkming House 2 Tryst Road Mnante Suwey PO 01 Liceme number 10003396. Cumbernauld Land Adjacent To Kikyth Swimming Pool, 687 IJW 1 Airdrie Road, Kilsyth
61 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 numbers:-
4037K( PL) 003 Rev B 4037K(PL) 004 4037K(PL) 005 Rev B 4037K(PL) 006 Rev A 4037K(PL) 007 Rev A 4037K(PL) 008 4037K(PL) 009 4037K(PL) 010 4037K(PL) 01 1 46391 33810200 46391 33810220 46391 338-0103 46391 338-0104 SKETCH-GD02 Rev A SKETCH-GDO1 Rev A 669/HM/PP/OO 1 669/HM/PP/002 669/HM/PP/003 1248 1249
Reason: To clarify the drawings on which this approval of permission is founded.
2. 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 users of the site.
3. That any remediation works identified by the site investigation required in terms of Condition 2, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future users of the site.
4. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
62 5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 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.
6. That the flood risk mitigation measures identified in the Flood Risk Assessment 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.
7. That no development shall take place on land formally identified to accommodate the flow pathway (identified on drawing SKETCH-GD02A titled OVERLAND FLOW ROUTE by URS dated December 2012) and compensatory storage area (outlined in blue on drawing 46391 338-0103 titled COMPENSATORY FLOOD STORAGE PLANS & SECTIONS by URS dated 20 March 2013) and that these areas shall be protected from any development, works or encroachment throughout the lifespan of the approved building. A written description of any works proposed for these areas, regardless of how minor, shall be submitted to the Planning Authority for its consideration, consultation with SEPA and written approval.
Reason: To ensure that the function of the flood prevention measures identified and approved in terms of condition 6 above is not compromised in any way as a result of future works.
8. 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.
9. That all works included in the scheme of landscaping and planting shall be completed in accordance with an approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure the implementation of the landscaping scheme in the interest of visual amenity.
10. The BEFORE the health centre hereby permitted is first occupied, details of all external lighting for within the site shall be submitted to and approved by the Planning Authority, and any lighting erected within the site shall be installed in accordance with the details approved under the terms of this condition. For the avoidance of doubt this scheme shall include a lighting strategy to emphasise the main entrance to the building.
Reason: In the interests of visual amenity of the site and the general area and to ensure that the main entrance to the building is highly legible and easy to identify.
11. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning
63 Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed footpaths; (b) the proposed parking areas; (c) the proposed external lighting;
Reason: In the interests of the visual amenity of the area.
12. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 11 shall be in operation.
Reason: In the interests of the visual amenity of the area.
13. That the existing visibility splay of 4.5 metres from the site access along the B802 Airdrie Road to the exit from the roundabout junction with Garrell road shall be maintained and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within this sight line.
Reason: In the interests of traffic safety.
14. That before any works start on site a revised scheme of car parking to accommodate 16 additional spaces shall be submitted to the Planning Authority for its written approval.
Reason: To ensure the provision of adequate parking facilities within the site.
15. That before the health centre hereby permitted is first occupied, the car parking area (including the 16 additional spaces required by condition 14) shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as a parking area. For the avoidance of doubt this shall include suitable kerbing, line markings and signage.
Reason: To ensure the provision of adequate parking facilities within the site.
16. That before building hereby permitted is first occupied, full details of the design, installation and operation of any air conditioninglventilation or other plant and an assessment of its noise impact shall be submitted to the Planning Authority for its written approval. For the avoidance of doubt the applicant will require to demonstrate that the plant (with appropriate noise attenuation measures in place) shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C) 35 between 07.00 hours and 20.00 hours and N.R.C 25 at all other times.
Reason: In the interest of amenity.
17. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: In the interests of the visual amenity of the area.
18. 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.
64 19. That the development hereby approved shall not commence until the necessary right of way diversion has been confirmed and the statutory procedures in Schedule 16 of the Town & Country (Scotland) Act 1997 have been completed.
Reason: To allow for the necessary statutory procedures to be carried out.
20. That no external roller shutters shall be installed upon the building.
Reason: In the interests of visual amenity.
65 Backaround PaDers:
Consultation Responses:
Traffic & Transportation received 30 January 2013; 11 February 201 3 and 28 February 201 3 Scottish Environment Protection Agency received 23 January 2013; 08 March 201 3; 15 March; 03 April 2013 Scottish Water received 03 January 2013 Environmental Health (including Pollution Control) received 07 January 2013 Landscape received 23 January 2013 Scottish Gas Network received 17 January 2013 SPT received 26 February 2013
Contact Information:
Any person wishing to inspect these documents should contact Ms Susan Miller at 01 236 632498
Report Date:
04 April 2013
66 APPLICATION NO. 12/01355/FUL
REPORT
1. Site Description
1.1 The proposed site is located to the south of Glasgow Road (A803), north of Garrell Industrial Estate and west of Airdrie Road (B802) immediately adjacent to Kilsyth Swimming Pool and sharing the same vehicular access.
1.2 The site extends to approximately 1.26 ha and is currently open ground, consisting mainly of rough grass with pockets mature trees and some scrub. The majority of the site on which the proposed building is to be located is fairly level. There is a steep embankment with mature trees sloping up to Glasgow Road (with a significant level difference between 5m and 8m).
1.3 In terms of the surrounding area and land uses the existing swimming pool building (to the east) sits immediately adjacent to the site and is finished with concrete block work with a barrel roof. The buildings within the industrial estate (to the south) are a mix of brick and render warehouse buildings. The community education centre (to the west) is a flat roof rendered two storey building. The residential properties along Glasgow Road to the north of the site sit at an elevated level to the road (approx 1Om) and are a mix of materials.
1.4 Members should note that this site is currently within the ownership of North Lanarkshire Council.
2. Proposed Development
2.1 The proposed health centre would house several community health services including, GP practice and dental practice together with facilities for psychiatry, podiatry, physiotherapy and speech and language therapy.
2.2 The building is two storeys in height with a linear floor plan and two glazed courtyards. The building measures approximately 72m by 20m and has a height of 9.5m (to the top of the parapet wall). The roof structure is predominantly flat, with glazed atrium and plant projections which are semi screened by a parapet wall from ground level.
2.3 The proposed building would be finished in brick. The windows have dark surrounds and those to the consulting rooms have floor to ceiling sections. There is also glazing on the gable elevations which offers a level of interaction with the remaining open space to the west.
2.4 The existing road geometry of Airdrie Road will remain unchanged with the existing access to the swimming pool being used to access the site. There is a shared service yard to sit between the health centre and existing swimming pool building.
2.5 This proposal forms part of a wider project by NHS Lanarkshire which includes new health centres at Wishaw and East Kilbride. Members should note that a report on the planning application for the shared service building of Wishaw health centre and NLC facilities (including library and first stop shop) also appears within this agenda.
3. Applicant’s Supportina Information
3.1 The applicant submitted:
0 Supplementary Design Report Tree Survey Report, Landscape Tree Removal Plan and Tree Protection measures
67 0 Landscape Layout, Landscape Maintenance Plan and Landscape Outline Specification Plan 0 Ground Investigation Report Drainage and Flood Risk Assessment 0 Transport Statement 0 Ecology Report
4. Site History
4.1 There is no relevant planning history to this site.
5. Development Plan
5.1 This application raises no strategic issues in terms of the Glasgow and Clyde Valley Strategic Development Plan and therefore requires to be assessed against the terms of the North Lanarkshire Local Plan. The application site is located within an area covered by policy HCF 1 B 1 Protecting Residential Amenity and Community Facilities in the North Lanarkshire Local Plan. This policy seeks to maintain community well-being in residential areas by protecting those community facilities shown on the proposals map. Policies DSP1-4 are also relevant and are addressed in detail in the Planning Assessment Section below.
6. Consultations
6.1 A summary of the comments received from the consultees is as follows:
6.2 SEPA initially objected to the application on the grounds of lack of information in respect of flood risk. This related to further information about the Garrel Burn and culvert running through the site, This information was subsequently provided and SEPA has withdrawn their objection subject to condition.
6.3 Land Services (Greenspace) has objected to the application on the basis of the proposed landscape mitigation to address the loss of broadleaved trees and grassland. They do agree with the methodology and findings of the ecology report which does not identify any protected species within the site.
6.4 Land Services (Landscape) has no objection to the application and has provided comments on the detailed landscaping scheme. These have been passed to the applicant.
6.5 Traffic and Transportation has no objection subject to conditions regarding an additional 16 car parking spaces, visibility splay, kerbing, line markings and signage.
6.6 Protective Services has no objection to the application and has provided further comment on lighting, noise and dust. A site investigation was submitted with the application; however, no conclusions have been reached on its content.
6.7 SPT provided comment on the application and advised that it is well served by local and supported bus services. Suggestions were made in relation to providing information on public transport within the building and improving the existing bus stops in terms of assisted crossing points and raised kerbs.
6.8 The following consultees had no objection:
0 Scottish Water 0 Scottish Gas Network
68 7. Representations
7.1 Following the standard neighbour notification process no letters of representation were received.
8. Plannina Assessment
8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and Clyde Valley Strategic Development Plan and therefore it can be assessed in terms of the North Lanarkshire Local Plan policies.
HCF 1B1 Protectina Residential Amenitv and Communitv Facilities
8.2 The site is zoned as HCF 1B1 which seeks to maintain community well-being in residential areas by protecting those community facilities shown on the map. In this case the area covered by this policy includes the football ground, education centre, area of open space and swimming pool. It is acknowledged that the area of open space will be significantly diminished; however, the existing community facilities would be unaffected by the development. The development would provide enhanced community facilities for the wider area. As such it is considered that the proposal accords with this policy. Policies DSP1-4 are also relevant and addressed in turn below.
DSPl Amount of DeveloPment:
8.3 In terms of DSPI B, ‘Additions to the Planned Land Supplies Class 2 Offices’ are specifically referred to and those over 2,000 sq.m outwith RTClA Town Centres require to be justified by a 10 year marketable industriaVbusiness land supply. Should developments not be justified by the 10 year marketable industrial/business land supply then they require to be justified against Strategic Policy 10 of the Glasgow and Clyde Valley Joint Structure Plan.
8.4 It is acknowledged that a health centre use falls within Class 2 of the Town and Country (Use Classes) (Scotland) Order 1997; is located outwith the town centre and that the gross floor area (approximately 2,400sqm) of the proposed building breaches the 2,000 sqm threshold outlined above. However, it is important to note that the floor area of the existing Kilsyth Health Centre (which is also located outwith the town centre) would be relocated to this site and must be taken into account. The application has not been supported by a 10 year marketable industrial/business land supply and therefore under this policy requires an assessment against the terms of Strategic Policy 10.
8.5 It is noted that Strategic Policy 10 of the Glasgow and Clyde Valley Joint Structure Plan no longer exists and has not been superseded by any similar policy in the Glasgow and Clyde Valley Strategic Development Plan. The principles of Strategic Policy 10 of economic, environmental and social benefit are still relevant material considerations. The existing health centre is located at Burngreen, Kilsyth and is currently not located within the town centre and it is noted that the Burngreen site is considerably smaller and would struggle to achieve the floorspace now required to accommodate the health centre. It is considered that NHS Lanarkshire has identified an operational need for the facility and to extend the range and type of services available to patients locally within Kilsyth. As such it is considered that there is a strong social benefit to these proposals in terms of enhancing the community health facilities of Kilsyth.
8.6 Taking into account the above it is considered that the proposal does not fully comply with DSPl in this regard and that it would be preferable to see such a facility located within the town centre; however, it is considered that in this instance the proposal can
69 be justified in terms of local need and social benefit and as it is in close proximity to the town centre (approximately 300m) it is generally acceptable.
DSP2 Location of Development:
8.7 In terms of policy DSP2A it is noted that the site is zoned as HCF 1B1 Protecting Residential Amenity and Community Facilities which seeks to maintain community well-being in residential areas by protecting those community facilities shown on the map. For the reasons noted above it is considered that the proposal broadly complies with the spirit of this policy. It is acknowledged that it would be preferable to see such a facility located within the town centre; however, it is considered that the location of the building adjacent to existing community facilities and in close proximity to the town centre (approximately 300m) is acceptable,
8.8 Policy DSP2B requires an assessment against 7 points which are listed below with assessment comments:
Urban Regeneration: Whilst this proposal does not involve the re-use of brownfield urban land it does utilise existing infrastructure and sits adjacent to other community facilities. Greenbelt: The site is not located in the greenbelt Environmental Assets: the site is not identified as a SlNC or other protected area and the ecological survey has not identified any protected species or habitat. Accessibility: It is considered that the site is accessible. Community: It is noted that the proposal will clearly enhance existing health care provision within Kilsyth and therefore enhance social inclusion and integration by improving access to community facilities. Town Centres: It is noted that it may be preferable to see such a facility located within the town centre; however, locating adjacent to existing community facilities is considered acceptable and that there would not be an adverse impact on the town centre. It is noted that the Town centre is close to the site approximately 300 metres to the east across Airdrie Road. Health and Safety: The applicant has submitted an acceptable flood risk assessment demonstrating that there is no flood risk to the site (with appropriate mitigation measures), there are no high pressure pipeline routes or hazardous development exclusion zones nearby.
8.9 Taking into account the above it is considered that the proposal complies with policy DSP 2 and is considered to be in a suitable location.
8.10 DSP 3 Impact of Development: No impacts from this proposal, either taken on its own or together with others, have been identified in terms of infrastructure or additional demands on community services. There is therefore no requirement for any developer contribution or legal agreement in relation to this application.
8.11 DSP 4 Qualitv of Development: This policy considers more development specific impacts in terms of existing site attributes, and provides a range of assessment criteria set out in 4 parts to the policy which are addressed in turn below:
8.12 In terms of Part 1 the applicant has provided a suitable appraisal of the site and its surroundings. In terms of Part 2 the applicant submitted an ecological survey with the application which did not find any evidence of protected species or sensitive habitat. Consultation with Greenspace Services on these surveys has confirmed that the findings of the survey can be accepted. However it is noted that Greenspace has objected to this application on the basis of loss of trees and grassland and the impact this may have on biodiversity across the site. Some suitable replacement planting can be accommodated within the site and has been shown on the detailed landscape proposals; however, Greenspace do not agree that this is sufficient compensatory
70 mitigation. This area is not protected by any tree preservation orders, is not designated as a SINC, it is not identified as a public park nor is it offered protection from the local plan zoning of the site as HCFl B1. The applicant has carried out a tree survey and advised that the building has been chosen to minimise the felling of high quality specimens. It is accepted that public open spaces form part of the biodiversity action plan; however, the site is zoned as community facilities and in this case the applicant has accommodated as much landscaping within the site as possible whilst achieving other requirements within the constraints of the site. The revised layout reduces the built footprint of the car parking area and creates a triangular parcel of land within the south western extent of the site which could accommodate additional landscaping. On balance it is considered that the proposal is acceptable in this regard. The applicant has also submitted a maintenance plan for the landscaped areas of the site which is considered acceptable.
8. 13 In terms of Part 3 the proposed 2 storey block sits adjacent to the swimming pool and follows the same building line as that of the swimming pool. The swimming pool building is of concrete block work construction with barrel roof structure and red metal windows. There is little in terms of design features which would be desirable to replicate in the proposed health centre building. That said it is considered that the proposed building will integrate satisfactorily with surrounding buildings.
8.14 The building has a modern design with crisp lines and minimalist detailing. The applicant has advised that it is their aspiration to achieve BREEAM excellent status for the building. The use of brick is considered acceptable. The windows have dark surrounds offering contrast to the brick and those to the consulting rooms have floor to ceiling elements with vertical bars to add detail and interest. The wrap around window at first floor level on the eastern elevation provides to interaction with the public approach through the car park and similar large windows on the west elevation interact with the open space.
8.15 Due to the location and positioning of the building at a lower level to Glasgow Road there will be no harm to the amenity of neighbouring residential properties in terms of privacy, overlooking or SunlighVdaylight nor will there be an adverse impact on the adjacent swimming pool, community education centre or industrial buildings. It is noted that a proportion of residential properties to the north of Glasgow Road, which occupy an elevated position, will have a view over the roof structure of the building (including plant); however, due to the difference in ground levels from natural topography and distance of these properties to the proposed building it will not significantly adversely affect their current outlook which looks on to the roof structure of the swimming pool building, industrial buildings and pub building on Airdrie Road.
8.16 There is an existing footpath which runs east to west through the site roughly parallel to Glasgow Road, this does not form a part of the core path network but is identified as a right of way. As part of this project it is proposed to alter the course of this path from running behind the new health centre building and swimming pool building to in front. This is considered acceptable and a more desirable route which would benefit from more overlooking. It is noted that this would require to be the subject of a formal diversion of the right of way prior to works starting on site.
8.17 The town centre is approximately 300m to the east of the site and is reached by informal crossing points along Airdrie Road adjacent to the site. The applicant provided detailed information relating to the pedestrian crossings and the need for a signalised crossing point; however, the report concludes that this is not necessary in this case. This was accepted by the Traffic and Transportation service. In terms of public transport there are existing bus stops serving the site on both Airdrie and Glasgow Road.
8.18 Car parking numbers have been considered in the Transport Statement and have been accepted by the Traffic and Transportation service at 140 spaces. The car parking layout has been the subject of extensive discussion and subsequent revision
71 taking into account the updated Flood Risk Assessment addendum. The car park has been redesigned to position the car parking on higher ground within the site; however, whilst the revised layout is acceptable it is acknowledged that there is a shortfall of 16 parking spaces. It is considered that this can be controlled by a condition requiring a revised parking scheme to accommodate the additional 16 spaces. A Green Travel Plan forms part of the Transport Statement which seeks to encourage staff to use alternatives to accessing the site by car. Provision for bicycle parking is provided under a covered area adjacent to the front elevation of the building.
8.19 The site is not located within or adjacent to an air quality management area. Due to the location of the building, the nature of their operations, surrounding uses, adjacent busy roads and distance from residential properties the building raises no issues in terms of adverse noise impact. The applicant submitted a Site Investigation with the application; however, no conclusion has been reached on its content at the time of writing. It is considered that this can be adequately covered by conditions including any required mitigation measures and its implementation.
8.20 There is an under ground culvert which runs through the site which requires to be protected. SEPA requested further information on the proposal in terms of flood risk which has been provided and is satisfactory.
8.21 The additional information provided in response to SEPA included an addendum to the Flood Risk Assessment. This identified a potential flooding issue within the south west portion of the proposed car park. This has been addressed by revising the design and reducing the layout of the car park in this area. The applicant has demonstrated that suitable compensatory attenuation measures can be accommodated and SEPA has accepted these proposals subject to a condition requiring the protection of these measures to ensure future functionality.
8.22 The principle of the drainage strategy submitted with the application is considered acceptable; however, a condition shall be placed on the consent requiring the submission of a more detailed certified drainage scheme and another condition shall require the implementation of the scheme to be certified.
8.23 It is considered that on balance the proposal accords with the policy provisions of DSP4 in the North Lanarkshire Local Plan.
8.24 To conclude on the relevant policies assessed above it is considered that the proposal accords with policy HCFI B1. It is acknowledged that it does not fully comply with DSPI in that it would be preferable to see such a facility located within the town centre; however, it is considered that in this instance the proposal can be justified in terms of local need and social benefit greatly enhancing community facilities for the wider area and is therefore generally acceptable. It is considered to be sited in a suitable location in terms of policy DSP2 and has no impacts required to be addressed in term of DSP3. Following detailed assessment the proposal is considered to accord with the provisions of DSP4. On this basis the proposal is considered to be in accordance with the development plan and should be approved unless material considerations indicate otherwise. It is acknowledged that there is an objection from Land Services (Greenspace) in terms of the level of compensatory landscaping; however, on balance this is not considered to merit the refusal of this application.
9. Conclusions
9.1 Taking the above assessment into account it is considered that the proposal complies with the North Lanarkshire Local Plan and is acceptable in this regard. The detailed design and layout, including landscaping plans, adequately accords with the provisions of DSP4 of the North Lanarkshire Local Plan and is acceptable in this regard. Furthermore the positioning and orientation of the proposed building is such
72 that there would be no adverse impact on surrounding land uses or properties. It is noted that no letters of representation have been received. The objection received from Greenspace has been fully considered; however, it has been concluded that this objection does not merit the refusal of the application. Other comments raised by consultees on areas of technical detail can be addressed through the use of conditions. On this basis it is therefore recommended that planning permission be granted subject to conditions.
73 Application No: Proposed Development:
12/01364/FUL Change of Use of Vacant Land to Market Garden Business with Joiners Workshop & Potting Shed and Two Associated Temporary Residential Properties
Site Address:
Site To Rear Of Old School House Telegraph Road Longriggend
Date Registered:
5th February 201 3
Applicant: Agent: Mr John Stewart N/A 58 Glenview Avenue Banknock Falkirk FK4 1JX
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 007 Airdrie North Eleven letters of representation received Alan Beveridge, Sophia Coyle, Thomas Morgan, (9 objections, 2 in support). Andrew Spowart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposal complies with Policy NBE 3B (Rural Investment Area) in the North Lanarkshire Local Plan. The design, scale, location and use are considered to be acceptable in this rural area.
74 75 Proposed Conditions:-
1. That within 2 months of the date of this decision, full details of the area set aside for the growing of plants and display of plants for sale, full details of the design and location of the potting shed, joinery building, all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of rural amenity by ensuring that walls and fences are appropriate for the site and the general area.
2. That within 6 months of the date of this decision, the development shall be implemented in accordance with details approved under the terms of condition 1 above and the unnumbered drawing site and location plan, unless otherwise agreed in writing with the Planning Authority.
Reason: To enable the Planning Authority to retain effective control and to clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall remain on site for a period of three years from the date of this permission whilst the new business is being established, unless further consent is granted by the Planning Authority for it to remain, the caravans and hardstanding yard shall be removed from the site and the ground made good no later than 18'h April 201 6.
Reason: To accord with policy NBE 38 (Rural Investment Area) in the North Lanarkshire Local Plan.
4. That the occupation of the temporary residential accommodation hereby permitted shall at all times be limited to a person who is employed full time in the horticulture and joinery business.
Reason: To enable the Planning Authority to retain effective control.
5. That within 2 months of the date of this decision, 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; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. That all works included in the scheme of landscaping and planting approved under the terms of condition 5 above, shall be completed within 6 months from the date of this permission and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within the following two years, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure effective landscaping.
76 Backaround PaDers:
Consultation Responses: Memo from Traffic & Transportation received on 4'h March 201 3 Memo from Protective Services received on 21'' February 201 3
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 632508
Report Date: 8'h April 2013
77 APPLICATION NO. 12/01364/FUL
REPORT
1. Site DescriPtion
1.I The application site to the rear of Old School House, Telegraph Road, Longriggend lies just beyond the southern boundary of village in the countryside with the surrounding area mainly characterised by open fields. The site currently consists of two temporary residential units and an area of hard standing, all of which are unauthorised. Vehicular access has been created onto Telegraph Road. Located to the north are residential properties which form part of the village. To the west and on the opposite side of Telegraph Road is land (at Peatside, Telegraph Road, Longriggend) where a similar small rural business with temporary residential unit has recently been approved on 2lStFebruary 201 3 (Ref: 12/01287/FUL).
2. ProPosed Develooment
2.1 Full planning permission is being sought for the change of use of vacant land to market garden business with joiners workshop & potting shed and two associated temporary residential properties. This planning application seeks to regularise the existing temporary residential accommodation, hard standing area and vehicular access. In addition, it is proposed to form a market garden, display area, joinery building and potting shed. Landscaping planting is proposed along the eastern boundary and internally to screen the commercial buildings.
3. Amlicant's Sumortinta Information
3.1 The applicant has provided a supporting statement which states that the primary objective of the proposal is to establish a market garden which involves the production and sale from the site of horticultural produce to the members of the public. In addition to these plants and shrubs grown on site from seed, there will be the sale of wreaths. The supporting statement proposes that the proposed joinery business will mainly manufacture small agricultural sheds such as chicken coops, dog kennels, rabbit hutches, bird nesting boxes, etc. Overall, the statement considers that the proposal will create three permanent jobs and 213 part time jobs during the planting season. The statement is refers to the need for two residential units on the site for 24 hour security reasons to protect the proposed businesses from theft and vandalism as the joinery unit will hold expensive tools and fixed machinery that may be a target as well as commercial products. The statement indentifies a need for the second caravan as this will accommodate immediate family members who will be partners in the proposed business and will be actively involved in the market garden and provide a security presence.
4. Site History
4.1 The following previous applications are relevant to the current proposal:
0 11/00152/FUL Siting of Two Static Residential Caravans (in Retrospect) - Refused IdhDecember 201 1 and Appeal Dismissed. 0 12/0102O/PPP Construction of 2 Dwellinghouses (In Principle) and Retention on Site of 2 Residential Caravans during Construction -Withdrawn 14thNovember 201 2
4.2 In addition to the planning application history, the clearing of the site in preparation for the proposed caravans was brought to the attention of the Service by a complaint. Committee approval was given on 14th March 2012 for enforcement action to secure the removal of the caravans and an Enforcement Notice was served on 2"d November 2012. The current application has been submitted by the applicant in an attempt to regularise the planning position. Enforcement proceedings are continuing.
78 5. Development Plan
5.1 The application raises no strategic issues and it can be assessed in terms of the local plan policy.
5.2 The application site is zoned as NBE 38 (Rural Investment Area) within the adopted North Lanarkshire Local Plan.
6. Consultations
6.1 A summary of comments from consultees is as follows:
i) Traffic & Transportation have recommended that the proposal be refused on the grounds that: . The proposed development would take frontage access from a de- restricted section of road that has no system of street lighting. The width of the road is below the standard 5.5m, averaging 5.1 m over the length of the site. . There are no footways at this location and none are proposed as part of the development. This could lead to pedestrians walking to the development on an unlit de-restricted carriageway to the detriment of road safety. This may result in requests for infrastructure improvements such as footways and a system of street lighting. ii) Protective Services have no objection to the proposal subject site investigation and potential noise issues. Reference is also made to best practice relating to noise from construction, construction hours, dust control, construction waste and light pollution.
7. Rewesentations
7.1 Following the standard neighbour notification process and newspaper advertisement and eleven letters of representation received (9 objections, 2 in support). The objections are on the grounds of noise disturbance, traffic generation, business operating in winter months, security, site outwith Longriggend in the Green Belt, planning history, visibility issues, no footpath or street lights, no economic or community benefit and set an unacceptable precedent. The letters in support refer to supporting the proposed market garden business, improvements made to the site and the applicant has become part of the local community.
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 DeveloDment Plan: North Lanarkshire Local flan: The site falls within an area covered by Policy NBE 3B (Rural Investment Area) which provides protection for the rural character and promotes limited forms of development. The policy seeks to protect the character and promote development in the Rural Investment Area by restricting development to acceptable types and operating assessment criteria as follows: developments considered appropriate in the Green Belt (and meeting NBE 3A assessment criteria); up to 4 housing units: and business, industry or tourism up to 1,000 sqm gross floorspace, demonstrating economic benefit. In addition to this, the impact of Developments of up to 4 housing units, business, industry or tourism up to 1,000 sqm gross floor space will be assessed against the following relevant criteria: enhance an existing cluster of development and acceptable in terms of design, scale, access and countryside integration; enhance natural heritage value (e.g. through new planting or removal of intrusive features); respect natural boundaries (road, tree line, watercourse) and include works to reinforce and enhance boundaries and buffers;
79 avoid loss of prime agricultural land (Classes 1, 2 and 3.1); and respect local amenity (if adjoining industrial or business uses are proposed). The proposed horticultural and small joinery business are considered to be an acceptable business venture within a rural location and the size of the proposal is well within the 1000 square metres identified by policy NBE 38. The proposal is small scale in nature and due to this, will integrate into this rural location with minimal impact. The proposal will result in a small economic benefit to the area and seeks to respect and enhance existing boundaries with a landscaping proposal to aid the proposals integration. The proposed business and the subsequent residential elements in connection with the proposed business ventures is acceptable given it is required for the security supervision of tools, products and the site. When assessed against this policy, the proposed horticultural and small joinery business, temporary residential accommodation and associated development are considered to be an acceptable development in this rural location.
8.3 With this in mind the NLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). Given the nature of the proposal, to change the business hours, policies DSP 1, DSP 2 and DSP 3 are not relevant in this instance. With regards to DSP 4, the elements of this policy which relevant to the proposal is quality of design and adequate vehicular access requirements, in this instance, it is considered that the design and scale of the development are appropriate in this location while the vehicular access requirements will be assessed in paragraph 8.5 below. It is considered, therefore, that the proposal is in accordance with policies NBE 3B and DSP4 of the North Lanarkshire Local Plan.
8.4 Other Material Considerations: - supplementary Planning Guidance: A material consideration is Supplementary Planning Guidance (SPG) 08 ‘Assessing Development in the Rural Investment Area’, which covers all varieties of development on land zoned as Rural Investment Area. Section H ‘New Dwellings & House Extensions’ and Section K ‘Key Design Requirements for New Buildings’ - Commercial & Business Premises of this SPG are of particular relevance. In relation to Section H, it is considered that the residential element of this proposal is ancillary in nature to the proposed horticultural and small joinery business, given its temporary nature, it is recommended that temporary consent for three years be granted for the caravans. With reference to the Section K, the guidance states that new commercial and business premises should avoid harming the visual amenity and character of the countryside and associated development should be carefully located, well landscaped and built in materials which help them “fit in” and make them unobtrusive features in the landscape. It is considered that the proposed horticultural and small joinery business where the potting shed and joinery building will be basic in design, will be well positioned within the site, will be constructed of suitable timber materials and of a scale that will have little impact on the visual amenity of the area. In addition, landscaping is proposed internally within the site that will soften the visual impact of the business building, of which a planning condition is recommended for full details to be submitted, to as help minimise the visual impact of the development. It is, therefore, considered that the development complies with SPG 08.
8.5 Consultations: Traffic & Transportation have objected on the grounds of substandard road, no footways or street lighting. The issue of the de-restricted section of road and its dimension can not be adequately addressed by the applicant. Concerning the lack of footway and lighting issues, there is no existing footway and street lighting to the north of the application site on Telegraph Road and it would be unreasonable to request these for this small section of Telegraph Road that will not link into any existing footways or street lights. It is noted that previously refused planning application (Ref: 11/00152/FUL) for two caravans did include transportation concerns, however, the main factor for the refusal was the conflict with NBE 3B ‘Rural Investment Area’, these policy issues have since been resolved in this current proposal and the outstanding roads concerns are not considered sufficient to recommend refusal on these reasons alone. Given that there are no issues raised concerning access dimensions, visibility and parking, and that the issues raised
80 relating to the substandard road, footways and street lighting are considered unreasonable to impose on the applicant, it is considered that, on balance, the proposed access is sufficient. Concerning the Protective Services comments, given the temporary nature of the buildings and little noise impact due to the size of the horticultural and small joinery business, it is considered that these are not required in this instance, while the comments relating to best practice relating to noise from construction, construction hours, dust control, construction waste, light pollution and the presence of any unsuspected contamination will be added as informatives on any planning permission.
8.6 Remesentations: In terms of the objections raised, I would offer the following comments:
Point of Objection: There will be noise disturbance from the joinery business.
Comment: The proposed joinery business is small scale and sufficient distance from neighbouring residential properties to not cause any significant loss of residential amenity.
Point of Objection: The proposal will generate extra traffic thus causing disturbance.
Comment: The horticultural and small joinery business are small scale and will generate not traffic levels that will significantly affect traffic circulation in this area.
Point of Objection: If approved and business operates in the winter, there will be a security risk due to the long nights, if lighting is installed to solve this issue, this will cause light pollution.
Comment: The proposed two residential units will be 24 hour security of the site throughout the year and therefore, not require the site to be floodlit for security reasons.
Point of Objection: This development is located outwith Longriggend and in the Green Belt.
Comment: It is noted that the application site is located outwith Longriggend which is discussed in detail above, however, the site is not within the Green Belt but designated as a Rural Investment Area in the North Lanarkshire Local Plan
Point of Objection: The site and applicant have already put in previous applications and these have been refused and also applicant has a notice to leave site.
Comment: The planning history of the site are noted and detailed in paragraphs 4.1 and 4.2 above.
Point of Objection: There are visibility issues at entrance/exit to site, no footpath and no street lighting.
Comment: The traffic and access implications of the proposed development have been assessed in detail above and considered to be acceptable.
Point of Objection: The proposed development will have no economic benefit to this community and will not create employment.
Comment: It is considered that the proposal will create a small business in the area with employment opportunities which is discussed in detail above.
Point of Objection: To allow this application would may encourage others to this or similar development with no planning permission.
81 Comment: No undesired precedent will be set and each planning application must be considered on its own merits.
Support: The proposed market garden business is a good idea, improvements made to the site and the applicant has become part of the local community.
9. Conclusions
9.1 In conclusion, it is considered that the proposal can be justified against policy NBE 38 (Rural Investment Area) in the North Lanarkshire Local Plan and Supplement Planning Guidance 08. It is accepted that the proposed horticulture and joinery business is suitable at this rural location and that the residential caravans are required for the security measures associated with the proposed business. Taking account of these matters and the objections received, it is recommended that temporary planning permission is granted, subject to conditions, for three years to reflect the nature of the proposed buildings and allow sufficient time for the business to establish.
82 Application No: Proposed Development:
13/00085/FUL Formation of Driveway Site Address:
25 Kenilworth Drive Clarkston Airdrie ML6 7EY
Date Registered:
15th March 2013
Applicant: Agent: Mr Leslie Cumming N/A 25 Kenilworth Drive Clarkston Airdrie ML6 7EY Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 007 Airdrie North 0 letter(s) of representation received. Alan Beveridge, Sophia Coyle, Thomas Morgan, Andrew Spowart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development accords with the adopted North Lanarkshire Local Plan Policies HCFlA and DSP4, as it is considered that there will be no detrimental impact on the residential amenity and character of neighbouring properties and the wider residential area.
Taking these points into account, it is considered that there are no material considerations that would .merit refusal of this application.
83 Produad by Phnnha and DruebDmmt PLANNING APPLICATION 131Doo85/FUL Enuto~matAlNorth L.nAhrh#t# SRiVA+% Cound FhmiqHOW* Formation of Driveway 2TqstRoAd Cumbemruld 25 Kenibrth Drive. Clarkston.Airdrie A ea7 1w Proposed Conditions:-
1. 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 define the permission.
Backaround PaDers:
Representation Letters None
Consultation Responses:
None
Contact information:
Any person wishing to inspect these documents should contact Ms Lisa Smith at 01 236 632522
Report Date:
8'h April 201 3
85 APPLICATION NO. 13/00085/FUL
REPORT
1. Site Description
1 .I The application site is currently front garden ground in a Council owned property at 25 Kenilworth Drive, Airdrie. The site is located within an established residential area and surrounding properties are four in a block cottage flats and some two storey semi-detached properties.
2. Proposed Development
2. I The proposed development is the formation of a driveway in the front garden of the application site. It is proposed to measure 3.8 metres wide by 5 metres in length and will be finished in two rows of slabs and stone chips. Planning permission is required as the dwelling is a flat.
3. Applicant’s Supportinu Information
3.1 The applicant’s doctor has submitted a letter confirming that the applicant suffers from a medical condition that has reduced his mobility, and that the driveway would improve his quality of life.
4. Site Histor1
4.1 None.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 The adopted Local Plan is the North Lanarkshire Local Plan which designates the area as Policy HCF 1A (Protecting Residential Areas and Community Facilities - Residential Amenity). This policy seeks to protect the residential amenity of the existing residential area. Policy DSP 4 Quality of Development is also relevant and sets out criteria to secure high standards of site planning and sustainable design. For the purpose of this application DSP 4 3(f) is relevant.
6. Consultations
6.1 None.
7. Rewesentations
7.1 No letters of representation have been received.
8. Planninu Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 DeveloDment Plan - North Lanarkshire Local Plan: The site is located within an established residential area in Airdrie and is zoned as Policy HCF 1A (Protecting Residential Areas and Community Facilities - Residential Amenity). Policy DSP 4 (Quality of Development) is also relevant. The primary issues to be considered are the appropriateness and compliance with the development plan and the affect the proposed development will have on the surrounding area.
86 8.3 The proposed development requires to be assessed in terms of Policy HCF lA, which seeks to protect the residential amenity of existing residential areas. Kenilworth Drive is narrow only allowing on street parking at one side. As the properties surrounding the application site are mainly four in a block parking possibilities are constrained. Several properties surrounding the application site have already converted their front garden ground to a parking area and as such, it is considered that the proposed development will be in keeping with the general area and may ease parking pressures within the local area. As such, the proposed development is considered to be acceptable and therefore, in accordance with policy HCF 1A.
8.4 Policy DSP 4 (3f) - sets out that developments should integrate successfully into the local area, avoid harm to neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing or proposed properties through overlooking, loss of privacy, amenity overshadowing or disturbance. Due to the points raised in the paragraph above, the proposed development is considered to accord with Policy DSP 4.
9. Conclusions
9.1 In conclusion, it is considered that the proposed development would not result in a significant impact on the residential amenity of immediate neighbouring properties and the wider residential area. As such, it is recommended that planning permission be granted.
87 Application No: Proposed Development:
13/00130/AMD Extension to Existing Retail Unit, Adding a Flat and Storage to the First Floor
Site Address:
71 - 73 Rosebank Terrace Bargeddie G69 7SG
Date Registered:
1 1th February 2013
Applicant: Agent: Mr Umar Farooq Alan Wilson 71 -73 Rosebank Terrace 4 Hareshaw Road Bargeddie Hareshaw Village G69 7SG Cleland ML1 5LZ
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 009 Coatbridge West Three letters of representation received. James Smith, Paul Welsh, Kevin Docherty,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The amendment to planning application 12/00412/AMD to include the formation of two rear dormer windows, relocating the shop entrance to the right, the enclosing the area underneath the side stairway and a small single story lean to extension for storage on the same side are considered to be acceptable. The proposal would accord with policy HCFIA of the North Lanarkshire Local Plan.
88 r&cd bypemssvn Plannng and Devebpneni LanaMhire 71 - 73 Rosebank Terrace, Bargeddie, Glssgow CIld ne nu* 1KWB393 Cumbemauld Jr Representabons 89 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 numbers 01 and 03b.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That all conditions of the original planning consent 12/00412/AMD fully apply to this amendment application and their terms shall be complied with in full.
Reason: As this permission represents an amendment to that permission.
Backaround PaDers:
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632508
Re ort Date: 25'R March 201 3
90 APPLICATION NO. 13/00130/AMD
REPORT
1. Site Description
1.1 The application property is the Bargeddie Londis Store and Post Office which is located on Rosebank Terrace, Bargeddie. The store is located in a residential area and backs onto Green Belt open space at the rear towards the A8. The store faces residential properties on Rosebank Terrace and there are residential properties on either side of the store. The store is a single storey retail unit finished in a white coloured render with brown roof panelling and metal framed windows and doors.
2. Proposed Development
2.1 Planning Permission is being sought for an amendment to the previously approved 12/00412/AMD application for an upper floor extension to the existing retail unit to create storage space for the retail unit and a single flatted residential unit. The amendment includes the formation of two rear dormer windows which look over open space, relocating the shop entrance to the right, the enclosing the area underneath the side stairway and a small single story lean to extension for storage on the same side.
3. Site Historv
3.1 The planning history of the site is as follows: 0 07/00162/FUL Installation of ATM at Existing Shop - Approved 16'h March 2007 0 11/00201/FUL Single Storey Side & Rear Extension to Existing Convenience Store -Approved 3rdJune 201 1 0 12/00412/AMD Provide Storage and a Flat in t!: Attic Space (Amendment to planning permission 11/00201/FUL) - Approved 6 June 2012
4. Development Plan
4.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
4.2 The application site is zoned as HCF 1 A (Protecting Residential Amenity and Community Facilities - Residential Areas) within the adopted North Lanarkshire Local Plan.
5. Consultations
5.1 No consultations were considered necessary to be undertaken.
6. Representations
6.1 Following the standard neighbour notification process and newspaper advertisement, three letters of objection have been received. The main points of objection relate to works currently being undertaken, deliveries, formation of flat, privacy, daylight, traffic, vandalism, location of ATM, need for additional storage, lack of information, design, drainage, data protection, materials, parking, fire escape, ventilation and bin storage.
7. Plannina Assessment
7.1 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.
91 7.2 DeveloPment Plan: North Lanarkshire Local flan: The site falls within an established residential area which is covered by policy HCF 1 A (Protecting Residential Amenity and Community Facilities - Residential Areas) where there is a presumption against developments detrimental to residential amenity in primarily residential areas and refers to developments of an ancillary nature may be acceptable (e.g. guest houses, children’s nurseries, medical surgeries or retail for local needs) subject to impact on residential amenity and provision for servicing and parking. The proposed amendment to the previous approval to include two dormer windows to the rear, relocating the shop entrance to the right, to enclose the area under the site stairway and a small side are considered to be of a small scale, will not be any unacceptable loss of residential amenity and therefore in accordance with policy HCF 1 A.
7.3 The North Lanarkshire Local Plan 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). Given the nature of the proposal, to change the business hours, policies DSP 1, DSP 2 and DSP 3 are not relevant in this instance. With regards to DSP 4, this policy states that development will only be permitted where high standards of site planning sustainable design is achieved, the proposed physical alterations put forward in this amendment application are considered to be of sufficient standard of design and finish which is acceptable. It is considered, therefore, that the proposal is in accordance with policy DSP4 of the North Lanarkshire Local Plan.
7.4 Other Material Considerations: - Supplementary Planning Guidance: A material consideration is the Supplementary Planning Guidance (SPG) 18 Shopfronts & Security. The proposed amendment for the formation of two rear dormer window, relocating the shop entrance to the right, the enclosing the area underneath the side stairway and a small single story lean to extension for storage on the same side are in keeping with the existing building and will not result in any significant impact on amenity of the area. It is, therefore, considered that the proposal is in keeping with the Supplementary Planning Guidance.
7.5 Representations: In terms of the concerns raised, the following comments are offered:
Point of Objection: There is currently work being undertaken at this site without planning permission which is having an extremely negative impact on the residents.
Comment: The property has planning permission to undertake the works to form storage and a flat in the attic space. It is noted that during the construction period there will be a temporary period of disruption.
Point of Objection: There appears to be no provision being made for deliveries to the premises.
Comment: The proposed amendment to the include dormers, enclose the area underneath the side stairway and small extension will not necessarily result in an increase in out of hour deliveries.
Point of Objection: The flat and storage to the upper floor area will result in the loss of privacy, daylight and traffic congestion.
Comment: The merits of the flat and storage area has been assessed in full under planning application 12/00412/AMD and approved.
Point of Objection: There have been Anti-social problems experienced in the area.
Comment: Whether or not anti-social problems are already experienced in the area is not a planning consideration, this would be a matter for the Police.
92 Point of Objection: The ATM has been relocated to directly opposite the bedroom of No. 86 Rosebank Terrace which will cause distress as the machine will be operating over a 24 hour period and does not meet Disability Discrimination Act for access for those in wheelchairs.
Comment: The location of the ATM has been approved under planning application 12/00412/AMD and is approximately 24 metres from the windows of No. 86 Rosebank Terrace. Regarding access, there are no apparent barriers to access the ATM.
Point of Objection: There is a question concerning the need for the additional storage underneath the stairs and the single storey side.
Comment: The question of need is not a material planning consideration and it is for the applicants to satisfy themselves that there is a requirement for the additional space. The planning application would assess the suitability of the proposed extension and, as discussed in detail above, it is considered to be acceptable.
Point of Objection: There is a lack of information on the submitted plans, no drawing to compare with, no access to upper level, they are unfit for purpose and should be classed as invalid.
Comment: The information is of a sufficient level to validate and assess the planning application.
Point of Objection: The windows of the proposed flat looks directly into the upper level living room and two front bedrooms of No. 88 Rosebank Terrace and result in a loss of privacy.
Comment: The merits of the proposed flat have been assessed and subsequently approved under planning application 12/00412/AMD and is approximately 24 metres from the windows of No. 88 Rosebank Terrace which exceeds the minimum guidance on window to window distance of 18 metres.
Point of Objection: The proposed relocation of the shop door will create an unbalanced geometric symmetry to the building to the detriment of visual amenity and encourage customers to park at that end causing congestion.
Comment: The proposed relocation of the shop door is considered to be acceptable and will not necessarily result in traffic problems.
Point of Objection: There is no evidence of drainage, sewerage or water connections shown in the plans.
Comment: This level of information is not required for planning application of this nature, this will be submitted when the applicant submits the building warrant, in addition, it would be expected that this development would connect into the existing services.
Point of Objection: The installation of CCTV, both internal and external, will impact privacy and result in a breach of the Data Protection Act.
Comment: No external CCTV forms part of the proposal and any internal CCTV is not a material planning consideration.
Point of Objection: There is no indication of the materials of the proposed hardstanding located between the shop and the public footpath.
Comment: A planning condition was attached to the previous planning permission 12/00412/AMD which require sample of materials to be used be submitted for
93 approval before being used in the development.
Point of Objection: The proposed parking is not sufficient, will cause traffic movements problems, will be are dangerous to pedestrians, cause access problems for waste removal and emergency services.
Comment: The parking issues where considered in the assessment of the previous planning application 12/00412/AMD, the proposal was considered to be acceptable and approved.
Point of Objection: The proposal does not include appropriate fire escape provision for the upper storage area.
Comment: This level of information is not required for planning application of this nature and this will be submitted when the applicant submits the building warrant.
Point of Objection: The proposal does not include any information on the proposed ventilation for this development, there is a concern that this may result in smells to the detriment of residential amenity.
Comment: There is no indication that any form of ventilation system is being installed or required given the nature of the development where it is not expected to result in any significant smell issues.
Point of Objection: The plans show that the area under the stairway will be used as a bin store, it is unclear whether this is for the shop or flat and this does not appear sufficient for either.
Comment: Concerning the bin storage, it is considered that there is adequate bin storage is provided.
Point of Objection: The external stairway will look directly into the bedrooms on the 1'' floor of No. 75 Rosebank Terrace which will result in a loss of privacy while the rear dormers will result in a loss of light and scenic view.
Comment: The location of the stair way has been approved in the previous planning application 12/00412/AMD. With reference to the dormer windows to the rear, these will not affect any light enjoyed by No. 75 Rosebank Terrace due to the distance from the boundary and loss of view is not a material planning consideration.
8. Conclusions
8.1 The proposed amendment to planning permission 12/00412/AMD to include the formation of two rear dormer windows, relocating the shop entrance to the right, the enclosing the area underneath the side stairway and a small single story lean to extension for storage on the same side does not result in an unacceptable detrimental impact on residential amenity or on the amenity of this location. It is considered that the proposal is in compliance to the terms of the adopted North Lanarkshire Local Plan. Taking account of these matters and also the objections received, it is recommended that planning permission be granted subject to conditions.
94 Application No: Proposed Development:
13/00133/PPP Residential Development (3 storey Flats) Site Address:
2 Nethercroy Road Croy Glasgow North Lanarkshire G65 9JF
Date Registered:
14th February 201 3
Applicant: Agent: Mrs Geraldine Easton David Rose 6 Orchadton Road ADR (Design) Ltd Falkirk 5 The Nurseries FK5 4GT Tak-Ma-Doon Road Kilsyth G65 ORS
Ap pl ication Level: Contrary to Development Plan: Local Application No
Ward: Representations: 001 Kilsyth No letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,
Recommendation: Refuse
Reasoned Justification: The proposed development would have a detrimental effect on the Antonine Wall as it would impact adversely on the setting of the wall and involve the construction of buildings on the northern part of the site which is the location of a buried archaeological feature.
95 Rowancraig Quarry
(disused) Recommendation: Refuse for the Following Reasons:-
1. The development proposal is contrary to adopted Policies NBEl Bl(a), NBEl B1 (b) and NBEl B2(a) as it would involve development over land that is within the Antonine Wall World Heritage Site Buffer Zone resulting in the proposal having an adverse impact on the site and its setting.
2. In the interests of archaeology in that the proposed development will adversely affect the Antonine Wall and its setting as it would involve ground works within an area identified as having a buried archaeological feature which would ultimately lead to the removal of the surviving buried remains; in this respect the proposal is contrary to Scottish Planning Policy and North Lanarkshire Council Supplementary Guidance Notes 32 and 33.
NOTE TO COMMITTEE If granted, this application will require to be notified to the Scottish Ministers in accordance with the Town & Country Planning (Notification of Applications) (Scotland) Direction 1997 because Historic Scotland have objected as a Statutory Consultee.
Backaround Papers:
Consultation Responses:
Memo from Traffic & Transportation dated 7'h March 2013 Memo from Environmental Health (inclfding Pollution Control) dated 27'h February 2013 Letter from Historic Scotland dated 27 February 2013
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521
Report Date:
8'hApril 2013
97 APPLICATION NO. 13/00133/PPP
REPORT
1. Site Description
1.I This application in principle is for a flatted development indicated at 3 storeys in height. The cleared vacant site is approximately 0.25 hectares (0.6 acres) in area and lies to the east of Nethercroy Road, Croy. A redundant public house and a hot food takeaway are located to the south of the site and the access road to Croy Miners Welfare Club car park forms the northern and eastern boundaries.
1.2 The Antonine Wall and related scheduled area occupy the northern half of the site, whilst the remainder is within the general Croy village envelope. The southern boundary of the scheduled area is depicted on all plans supplied with this application.
2. Proposed Development
2.1 An indicative layout has been submitted as part of the application showing a block of flats (3 storey - albeit there are no elevation details) located to the west of the site, with an access road serving the development off Nethercroy Road at its southernmost point; landscaping and parking is also shown on this indicative plan.
2.2 The indicative layout of the flatted block is positioned within the scheduled area as described in paragraph 1.2 above.
3. Apdicant’s Supportinu Information
3.1 The agent has confirmed by email, his client’s willingness to enter into an agreement in relation to North Lanarkshire Council’s commitment to affordable housing in the area and any future Education contribution to towards upgrading local schools.
4. Site Historv
0 04/00858/OUT Residential Development refused 29.07.04 0 05/00972/OUT Construction of 10 Flats withdrawn 09.1 1.05 0 05/01048/OUT Construction of Dwellinghouse (In Outline) refused 15.09.05 0 07/00750/FUL Construction of Four Dwellinghouses refused 31.07.07 08/00714/OUT Construction of 4 Dwellinghouses granted 1.08.13
5. DeveloPment Plan
5.1 The adopted North Lanarkshire Local Plan 2012 has the following relevant Policies:-
0 HCFIA - Residential Areas 0 NBE 1 B 1 (a) - Frontiers of the Roman Empire (Antonine Wall) World Heritage Site 0 NBE 1 B 1 (b) - Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Buffer Zones 0 NBE 1 B 2 (a) - Scheduled Monuments
6.
6.1 North Lanarkshire Council (NLC) Protective Services section have no objection to the proposal provided that a Site Investigation is carried out due to previous land uses in the area. NLC Roads and Transportation have no objection subject to appropriate conditions.
6.2 Historic Scotland object to the application due to the adverse impacts on the archaeology and setting of the scheduled monument and the outstanding universal
98 value of the world heritage site. Their acceptance of the previously approved scheme on the site was on the basis that the buildings were outwith the scheduled area and parking and landscaping was to be accommodated in the scheduled area without damage to the archaeology by raising levels above the present ground surface. They considered that the previous approval minimised the impact on the site and setting of the monument.
6.3 Historic Scotland further state that in addition to planning permission from the Council, the portion of the development falling within the scheduled area would require the prior consent of Scottish Ministers, known as Scheduled Monument Consent, which is obtained through Historic Scotland. Given the archaeological sensitivity of the site and its national and international designation, they consider it unlikely that consent would be granted for the current application.
7. Representations
7.1 No letters of representation received as a result of neighbour notification or a press advert
8. Plannina Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997 the determination of planning applications must be made in accordance with the development plan unless material considerations dictate otherwise.
8.2 The Antonine Wall and its setting is an archaeological feature of local, national and international importance. It is vital to ensure that it is not adversely affected by inappropriate development. This is especially the case as the Antonine Wall is part of a World Heritage Site.
8.3 DeveloDment Plan: North Lanarkshire Local Plan: The site is located within the settlement boundary of Croy where Policy HCF 1A applies. This policy would support development of an appropriate scale, design and layout subject to all other material considerations being acceptable. In this case, due to part of the site falling within the ‘buffer’ zone for the Antonine Wall World Heritage Site Policies NBE 1 B 1 (a) - Frontiers of the Roman Empire (Antonine Wall) World Heritage Site, NBE 1 B 1 (b) - Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Buffer Zones and NBE 1 B 2 (a) - Scheduled Monuments apply.
8.4 Policy NBE1 B1 (a) Frontiers of the Roman Empire (Antonine Wall) World Heritage Site - states that there will be a presumption against development which would have an adverse impact on the World heritage Site. Policy NBE 1 B 1 (b) Frontiers of the Roman Empire (Antonine Wall) World Heritage Site Buffer Zones - states that there will be a presumption against development which would have an adverse impact on the World heritage Site Buffer Zone which would have an adverse impact on the site and its setting, unless: mitigation action to the satisfaction of the Council in consultation with Historic Scotland can be taken to redress the adverse impact; and there is no conflict with other Local plan policies. No further information has been submitted to justify an approval of planning consent on the site at the area sought.
8.5 NBEI B 2(a) Scheduled Monuments states that developments shall preserve archaeological remains in situ and within an appropriate setting. The policy further states that adverse impacts on the integrity of the monument or its setting shall not be permitted unless there are exceptional circumstances. No such circumstances have been brought forward by the applicant.
8.6 The proposal fails Policy DSP4 - Quality of Development as the proposal will have an adverse impact on a Antonine Wall World Heritage Site and no justification has been provided to demonstrate that it can be completed without detriment to the this historic site.
99 8.7 Other material Considerations: The Scottish Governments Scottish Planning Policy (Feb 2010) Section 110-1 12 - Historic Environment reaffirms the Council’s position in that it states that Planning Authorities can help to safeguard assets through development plans and development management decisions. It further states that Planning Authorities should provide the framework for the protection, conservation and enhancement of all elements of the historic environment and its setting. The proposal is considered to be at odds with this Policy document.
8.8 North Lanarkshire Council’s Supplementary Planning Guidance Note (SPG 33) on Archaeology is also relevant in the determination of the application. As part of the application site is within the Antonine Wall World Heritage Site and Buffer Zone, this SPG, as with the previously mentioned adopted Development Plan Policies and Scottish Planning Policy offers guidance on protecting areas with known archaeology remains and advises that developers should consider using a sympathetic design which avoids disturbing the remains altogether or at least minimises any damage. The fact that the proposal is for development within the ‘buffer’ zone for the World Heritage Site clearly demonstrates that it is at odds with the Supplementary Guidance (33) as well as the Development Plan and Scottish Planning Policy.
8.9 North Lanarkshire Council’s Supplementary Planning Guidance Note (SPG 32) on Antonine Wall further reaffirms the aforementioned policies and guidance by further stating that the Buffer Zone does not act as an absolute barrier to development but defines a zone where added protection to the immediate setting of the World heritage Site is given. It also states that development proposals within the Buffer Zone will be given careful consideration to determine whether it is likely to significantly detract from the Outstanding Universal Value, authenticity or integrity of the Antonine Wall. As stated in paragraph 8.8 above, the integrity of the wall would be jeopardised by a development of the nature proposed, it is therefore at odds with SPG 32.
8.10 The applicant has been asked to amend the drawings to move the indicative footprint of the proposed flatted development outwith the ‘buffer’ zone, but has indicated his unwillingness to do so. He is aware of the Council’s stance on the ‘buffer’ zone but is of the opinion that the site can be developed without affecting the World heritage site. His reasons for this stance are that the site has previously been developed, therefore any possible archaeological remains will have been disturbed/damaged a long time ago.
9. Conclusions
9.1 It is considered that the site can be development for residential purposes, however a sympathetic scheme requires to be submitted that takes account of the World Heritage Site Buffer Zone that precludes extensive development on it. Planning permission for 4 detached dwellings has been previously approved (now lapsed) where a compromise position of allowing access and landscaping within the Buffer Zone was deemed appropriate. The indicative position of the 3 storey block is unacceptable and is at odds with adopted North Lanarkshire Local Plan, approved Scottish Government Scottish Planning Policy and North Lanarkshire Council Supplementary Planning Guidance Notes 32 and 33. For these reasons, it is recommended that planning permission be refused.
9.2 Should the Committee decide to grant outline planning permission, it will be necessary to notify the Scottish Ministers as a Statutory Consultee, namely Historic Scotland, has objected to the proposal.
100 Application No: Pro posed Development:
13/00218/FUL Erection of Class 1 Retail Unit, Together with Access, Servicing, Car Parking & External Works Site Address:
Site Adjacent To Lid1 Store Garrell Road Kilsyth G65 9JX
Date Registered:
22nd February 201 3
Applicant: Agent: TJ Morris/Dawn Developments Peter Carus GVA GVA 206 St Vincent Street 206 St Vincent Street Glasgow Glasgow G2 5SG G2 5SG
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 001 Kilsyth 3 letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,
Recommendation: Approve Subject to Conditions
Reasoned Justification: The proposal is considered acceptable at this location in that it will not result in a significant negative impact on the town centre by virtue of scale, as such, the proposal accords with the relevant policies in the North Lanarkshire Local Plan. The site also benefits from an extant planning approval for a similar sized retail unit, albeit that the goods to be sold from it are restricted to non-convenience goods.
101 ~w~uoe~~ypermlsslon PLANNING APPLICATION 13/00218/FUL Produced by if the Ordnance Survey Planning and Development on EnvironmentalSeMces of HMSO 0Crorm ehalf Erection of Class 1 Retail Unit, Together with North Lanarkshire Counc 'wightand database right Access, Servicing, Car Parking & External Works Fleming House 012 All rights reserved 2 Tryst Road mi=cwndl hdnance Survey Cumbernauld icence number 100023396 Site Adjacent To Lid1 Store, Garrell Road, Kilsyth 067 IJW
Representation * 102 I Proposed Conditions:-
1. 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.
2. That PRIOR to any works of any description being commenced on the application site, a comprehensive site investigation report shall be submitted to and approved in writing by the Planning Authority. The investigation must be carried out in accordance with current best practice, 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 as part of the above report.
Reason: To ensure that the site is free of contamination in the interests of the amenity.
3. That on completion of any remedial works identified by the site investigation required under the terms of Condition (2) and before the retail unit within the site is operational, a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any such remediation works have been carried out in accordance with the submitted details.
Reason: To ensure the site is free of contamination in the interests of the amenity of future users of the retail unit.
4. That before the retail unit hereby approved is operational, the associated parking and manoeuvring area as 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, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: In order that vehicles can enter and leave the site in forward gear and to ensure adequate parking provision.
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 that before the retail unit hereby approved is operational, the associated fences/walls approved under this condition shall be erected and maintained to the satisfaction of the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. 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 practice to protect adjacent watercourses and groundwater.
7. That the SUDS compliant surface water drainage scheme approved in terms of Condition 6 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
103 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.
8. That BEFORE the development hereby permitted starts, a scheme of landscaping, and boundary treatments, shall be submitted to, and approved in writing by the Planning Authority and it shall include:-
(a) details of any earth moulding, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d 1 details of all hard landscaping including samples or specification of all materials and design details of external street furniture, including lighting, and feature elements; (e) details of the phasing of these works.
Reason: To enable the Planning Authority to consider these aspects in detail.
9. That within six months of the occupation of the development hereby permitted, all works which are included in the scheme of landscaping and planting, approved under the terms of condition 8 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the area
10, That the design, installation and operation of any air conditioninghentilation or other plant for the proposed development and any other noise associated with the completed development shall be such as will not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 20.00 hours and N.R.C. 25 at all other times.
Reason: To safeguard the amenity of the adjoining residential area.
11. That BEFORE the development starts, full details shall be submitted for the approval of the Planning Authority detailing all external plant including any odour filtration system. For clarity any external plant or flues should not be placed in a prominent position on public elevations. Following approval the equipment shall be in place before the retail units are brought into use
Reason: To consider these aspects in detail and safeguard residential amenity of the surrounding area.
12. That before works commence on site, further shop front details, including, information to be placed on facia signage and security shutters should be submitted and agreed in writing with the planning authority. Following approval the development shall be completed in accordance with the details approved under the terms of this condition
Reason: To consider these aspects in detail.
13. That ‘Convenience Goods’ shall be restricted to 60% of the total net floorspace of the unit hereby approved at any one time for the lifetime of the unit. This percentage cannot be exceeded without the benefit of a further planning application being submitted.
104 Reason: To protect the viability of the adjacent Town Centre.
14. That notwithstanding the generalities of the Town and Country Planning (General permitted Development) (Scotland) Order 1992, no additional floorspace shall be created by way of an extension or internal alterations without the prior written approval of the Planning Authority.
Reason: To allow the Planning Authority to retain effective control.
Backaround Papers:
Consultation Responses:
Memo from Traffic & Transportation dated 26'h November 2012 and 17'h December 2012 Memo from Environmental Health (including Pollution Control) dated 22ndNovember 2012 Memo from Local Plans Section dated 20thMarch 2013 Letter from The Coal Authority dated 28thNovember 2012 Letter from Scottish Water dated 2gthNovember 2012
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632521
Report Date:
81h April 2013
105 APPLICATION NO. 13/00218/FUL
REPORT
1. Site DescriDtion
1.1 The applicant is proposing the Construction of a Class 1 Retail Unit, together with Access, Servicing, Car Parking and External Works at Garrell Road, Kilsyth. The site is located outwith, but adjacent to the designated town centre and is bounded by the recently constructed Lid1 Foodstore and associated car parking to the north, industrial premises to the south and west and by woodland to the east. The site benefits from a ‘live’ planning consent for the construction of 2 Class 1 retail units that was approved in February 2004. One of the units has been constructed with Lid1 Foodstore taking possession of it. It is proposed to access the site via the existing access into the Lid1 store leading thereon to a parking area with provision for 56 spaces. It should be noted that the site already benefits from an extant planning permission for the Erection of a Retail Unit of a similar size with a restriction imposed which limits the goods sold from it to ‘bulky’ goods only.
2. ProDosed Development
2.1 It is proposed to construct a single storey retail unit amounting to some 1207sq.m on land adjacent to the existing Lid1 foodstore at Garrell Road, Kilsyth. The net internal retail floorspace is 988sq.m as part of the unit is used for warehousing. The specific operating model of the proposed occupier is that the unit would be 60% - food (convenience) and 40% - non-food (comparison). This equates to a net floorspace split of 593sq.m convenience / 395sq.m comparison. The unit is similar in design and materials to other retail units of this nature being a contrast of white and black composite cladding with buff facing blockwork at the lower level. The entrance area is dark grey powder coated aluminium framing with double glazing and covers the majority of the north western elevation.
2.2 Vehicle and pedestrian access is via the existing access that serves Lid1 off Garrell Road. 56 additional parking spaces (incl. 4 disabled bays) are proposed to serve the proposed development and a proposed service bay is to be located at the end of the existing service road. An element of landscaping is proposed on the outer edges of the site.
3. ADDlicant’s SuDportine Information
3.1 The applicant submitted a supporting Planning Statement discussing the relevant planning policies of the North Lanarkshire Local Plan and other material considerations. One such consideration was their claim that there has been a severe reduction in consumer expenditure on bulky goods since permission was granted at the site and, as such demand for bulky goods retailers occupying space has reduced accordingly. A Ground Conditions Report was also submitted confirming ground conditions prevailing at the site.
4. Site Historv
N/03/00792/FUL - Planning permission was approved for Erection of 2 Class 1 Retail Units approved 13.02.2004 12/01204/FUL Erection of Class 1 Retail Unit, Together with Access, Servicing, Car Parking and External Works withdrawn 22.02.21 03
5. DeveloDment Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
106 The application site is located in an Industrial Area where policy EDI 1 A1 applies, however, the existing consent on the site is of significance as the site was originally part of an earlier consent for the erection of 2 Class 1 Retail Units which has been partially implemented with the construction of the Lid1 unit.
Consultations
A summary of comments from consultees is as follows: Transportation: no objection to the application provided that service vehicles can enter and exit the site in forward gear.
Protective Services (Pollution Control) have no objection subject to recommended conditions. The Coal Authority: no objection. Scottish Water: no objection.
7. Rewesentat ions
7.1 Following the standard neighbour notification process and newspaper advertisement, three letters of representation were received.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Develo~mentPlan: Norfh Lanarkshire Local Plan (NLLP): The site is located within Burnside Industrial Estate which is identified under Policy EDI 1 which sets out the Council’s support for the continuing industrial and business character of the area. However, the existing consent on the site is of significance as the site was originally part of an earlier consent which has been partially implemented with the construction of the Lid1 unit. Unless the new unit is regarded as changing the overall character of the wider industrial estate then the EDI 1 policy is of limited relevance in this case, particularly given the planning history on the site with regard to the original retail permission.
8.3 In terms of DSP 1 (Amount of Development), it is considered that this policy does not apply to the application as the floorspace threshold which triggers consideration of any demand assessment for retailing is 2,000 sq m comparison or 1,000 sq m convenience floorspace and the proposal is for a 1,207 sq m (Gross) store - likely to be Home Bargains. As the proposed operator is proposing a mixture of Convenience goods - Foodstuffs (60%) and non-food Comparison (40%), this is considered to be in line with DSP 1 and not at odds with the general principles of this policy.
8.4 DSP 2 (Location of development) is also of relevance. This policy seeks to assess the location of any new development likely to be considered as additions to the planned land supplies. The application site can be considered against the 7 stated locational criteria as follows:-
Criteria Consideration 1, Urban Regeneration Positive as the site would utilise brownfield urban land and existing infrastructure/services. 2. Green Belt Positive as site does not undermine Green Belt policy. 3. Environmental Positive as the site does not undermine safeguarded Assets Assets locations/ habitats, etc.
107 4. Accessibility Largely Positive given close proximity to bus routes & town centre. 5. Community Positive given reasonably good access to community facilities. 6. Town Centres See Below. 7. Health & Safety Unlikely that the site is liable to flooding or affected by hazardous substances, etc although this would have to be confirmed.
Most of the above locational criteria are fairly positive with regard to the site. The Town Centre criterion is slightly more complex in that the development site is not within the town centre and could be regarded as doing little to safeguard the vitality and viability of Kilsyth Town Centre. However, as the site benefits from a current planning approval and the gross floorspace is only 1207 sq m (988sq m net) equating to some 593 sqm (net) convenience goods, it is considered that the Policy requirement to have regard to the sequential approach to site selection does not apply in this instance. Notwithstanding this, it is noted that the site currently benefits from planning permission for retail use and there are no suitable alternative sites within the existing town centre.
8.5 Policies DSP 3 and DSP 4 state a requirement to assess the impact and quality of development although the assessment, DSP3 however, is considered not to be relevant. With regards to the quality of the proposed development, it is considered that the proposed scheme is acceptable. Policy DSP 4 - sets out that development will only be permitted where high standards of site planning and sustainable design are achieved. This policy sets out criteria and requirements in this respect which include; character and setting, rights of way and features of natural or historic environmental interest, site appraisal and evaluation of design options, air, noise, pollution impacts, water body status protection, integration into the local area and open space provision. The building is a modern, typical commercial building that relates well to the surrounding environment, including the most recent adjacent, single storey Lid1 building. DSP4 is therefore considered to be satisfied.
8.6 In considering retail and town centres, it should be noted that Policy RTCI seeks to protect the North Lanarkshire Centre Network as the focus for retail, civic, leisure and community uses. This site is outwith the designated town centre. Given that the application is outwith Kilsyth Town Centre, it could be argued that the proposal does not support the overall objective of protecting the North Lanarkshire Council Town Centre Network. However, assuming the status of the site as an edge of centre development, it is accepted that as there are no alternative town centre sites to support such a development then that proposal could be seen as supporting the network. The vacant, former co-op premises within the centre is the most comparable sized vacant unit (circa 1217sq.m), however this has recently been subdivided into various units, albeit they are at present vacant. Part of the building would be difficult to be incorporated within the one shopfloor area due to build make up of unit i.e. the original sandstone building (circa 326sq.m). There are other issues that would require to be addressed e.g. access to the flats on the upper floor area that would prove problematic. The applicant is also of the opinion that the proposal is at a convenient location and will help to retain expenditure generally within Kilsyth on the basis that local shoppers will not have to travel further afield to find a similar retail offer.
8.7 RTC3 (Assessing Retail and Town Centre Development) offers assessment criteria for development outside the Town Centre Network for convenience over 1000 sq m or comparison/commerciaI leisure over 2000sq m gross. The proposal, although outwith the existing Town Centre, does not exceed the specified size threshold for assessment under RTC3 and cannot therefore be assessed under this policy.
8.8 Consultees: Traffic and Transportation are satisfied with the proposal as there is adequate parking provision and an adequate manoeuvring area for service vehicles.
108 NLC Pollution Control have no objections subject to conditions relating to contamination and noise emanating from the site. Neither The Coal Authority nor Scottish Water have any objection to the proposal.
8.9 Representation: Following the standard neighbour notification process, 3 letters of representation were received. One of the representations was a letter of support from a resident of Kilsyth. One letter was a letter of concern from an adjoining neighbouring business concerned about their boundary fence. A condition is proposed requesting details of any fencing/walls to be erected at the site. The other remaining letter of objection was from a concerned resident of Kilsyth who is concerned about the amount of vacant shops in the town centre and that these vacant units should be used instead of new units being built outwith the town centre. Firstly the site already benefits from an approval for a retail unit. This application is for the erection of a retail unit without any bulky goods restriction. Given the size of the unit proposed, there are no planning policies that would merit the refusal of the application at hand. It is unfortunate that there are vacant shops, however as discussed earlier in the report, there are no suitable shop units in Kilsyth that could satisfy the needs of Home Bargains in terms of size.
9. Conclusions
9.1 The site is located within an Industrial zoned area, however benefits from a current planning approval for a Retail Unit with a ‘bulky goods’ restriction imposed on its use. It is considered that the current proposal for 60% of the retail floorspace being available for convenience goods is acceptable and will not be at odds with Local Plan policy for the reasons stated in section 8 above. Having regard to the foregoing, it is recommended that the application be approved subject to conditions.
109 Application No: Proposed Development:
13/00254/FUL Lane Closure with Ground being Incorporated into Adjoining Gardens of Council Tenancies and Allotment Site
Site Address:
Lane Between Loch Road & Kennelburn Road Chapelhall ML6 8TP
Date Registered:
27th February 2013
Applicant: Agent: NLC Housing Services NIA Coats House Gartlea Road Airdrie
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 1 Airdrie South No letters of representation received. Agnes Coyle, Michael Coyle, Thomas Curley, David Fagan,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The development meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan. The proposal will not have a significant detrimental effect on the amenity of the surrounding area as there is a reasonable alternative to the lane which would not inconvenience current lane users to a great degree.
110 13/DO254iFUL Reploduced by permission Produced by dtheOrchancr hwqon NLG Housing Services Plannina and Development &hafofHMSO.@C,,,(,,,, Lane Between Loch Road & Kennelburn Road Copytigltanddatabase til)rt Ghapelhall ~009.*llfig*RseRd.- Lane Closure with Ground being Incorporated Ordnance Suwey into Adjoining Gardens of Council Tenancies Lie em e nurn ber 100023396. and Allotment Site M7IJW 7 111 Proposed Conditions:-
1. 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.
2. No physical closure of the footpath shall start until the required formal Stopping Up procedures have been initiated and the necessary footpath closure has been confirmed and the statutory procedures in Schedule 16 of the Town & Country (Scotland) Act 1997 have been completed.
Reason: To ensure that the appropriate statutory procedures are in place before development.
Consultation Responses: Letter from Scottish Power Energy Networks re;eived on 13'h March 201 3 Memo from Protective Services received on 26 March 201 3
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01 236 632508
Report Date: 8'h April 2013
112 APPLICATION NO. 13/00254/FUL
REPORT
1. Site Description
1.1 The application site comprises of a 105 metre long and 3.5 metre wide section of hard surfaced unlit lane which links Loch Road to Kennelburn Road, Chapelhall. The application site is located within an established residential area and is bounded by local authority residential properties and a recently established allotment.
2. Proposed Development
2.1 The proposal is for the physical closure of the 105 metre long and 3.5 wide metre lane. The section of lane between 15 and 17/19 Loch Road will be incorporated into the garden ground of the North Lanarkshire Council property at 19 Loch Road and the section of the lane between 16 and 18/20 Kennelburn Road being incorporated into the garden ground of North Lanarkshire Council property at 16 Kennelburn Road. The remaining section of lane will be incorporated into the allotment site.
3. Site Historv
3.1 Following a request from local residents to close the lane due to incidents of anti- social behaviour, a survey was carried out by Housing & Social Work Services to obtain the views of all affected residents on the proposal. In total, 156 surrounding residents were consulted and only two objected. These objections were based on dissatisfaction at allotment plot holders parking in Gibb Street and not the lane closure. The Housing & Social Work Services Committee approved at its meeting of 1" November 2012 the closure of this lane subject to the seeking of approval of planning permission. The decision of that Committee was noted at the Planning & Transportation Committee on 22ndNovember 201 2.
4. Development Plan
4.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
4.2 The application site is zoned as HCF 1 A (Protecting Residential Amenity and Community Facilities - Residential Areas) within the adopted North Lanarkshire Local Plan.
5. Consultations
5.1 A summary of comments from the consultees is as follows:
i. Protective Services have no objection to the proposal and refers to best practice relating to noise from construction, construction hours, dust control and the presence of any unsuspected contamination. ii. Scottish Power Energy Networks have no objection to the proposal but do advise that there is an under ground cable in the vicinity of the proposals.
6.
6.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation received.
7. Plannina Assessment
7.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act
113 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
7.2 DeveloDment Plan: North Lanarkshire Local Plan: The site falls within an area covered by Policy HCF 1 A (Protecting Residential Amenity and Community Facilities - Residential Areas) which where there is a presumption against developments detrimental to residential amenity in primarily residential areas. The main issue to be determined in this case, is whether or not the footpath closure could take place with no detriment to residential amenity. The primary purpose of the lane is to provide access from Loch Road and Kennelburn Road to the common playground area to the centre, this area has recently been converted into allotments where the main access is via Gibb Street, as well as being a short cut link between Loch Road to Kennelburn Road. It is accepted that the closure of this lane would increase the walking distances for residents, although this added walking distance, is only in the region of 60 metres (maximum) and is not therefore considered unreasonable or excessive. The proposal to incorporate the lane into either garden ground or the allotment will not result in any cut off pieces of land that could be unsightly. The proposal is considered to not result in a detrimental impact on the residential amenity of the area and, therefore, in accordance with policy HCF 1 A.
7.3 The North Lanarkshire Local Plan 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). Given the nature of the proposal, to change the business hours, policies DSP 1, DSP 2 and DSP 3 are not relevant in this instance. With regards to DSP 4, this policy states that development will only be permitted where high standards of site planning and sustainable design is achieved, the proposed physical alterations to incorporate the lane into either gardens ground or the allotment will not result in a detrimental impact on the visual amenity of the area and therefore acceptable. It is considered, therefore, that the proposal is in accordance with policy DSP4 of the North Lanarkshire Local Plan.
7.4 Should planning permission be given then no physical closure of the footpath could be started until the required formal Stopping Up procedures have been initiated and the necessary footpath closure has been confirmed and the statutory procedures in Schedule 16 of the Town & Country (Scotland) Act 1997 have been completed.
7.5 Consultations: With reference to the comments made by Scottish Power Energy Networks, there is no apparatus or cables within the planning application site. Concerning comments made by Protective Services, suitable advisory notes are recommended.
8. Conclusions
8.1 Having regard to the foregoing it is considered that this proposal is acceptable as there would on balance be no significant loss of residential amenity. The removal of this public footpath would not be unacceptable as there is a viable alternative if required. Although problems caused by incidents of anti-social behaviour are generally a matter for the police it is acknowledged that the lane closure may help reduce incidents of nefarious activity affecting the residential amenity of the area. It is considered that the proposal is in accordance with the terms of the adopted North Lanarkshire Local Plan. Taking account of these matters, it is recommended that planning permission be granted subject to conditions.
114 Application No: Proposed Development:
13/00335/FUL Change of Use of Open Space to Garden Ground Site Address:
14 Mossywood Place W estfield Cumbernauld Glasgow G68 9DS
Date Registered:
7th March 201 3
Applicant: Agent: Mr James Goudie NIA 27 Rosehill Drive Condor rat Cumbernauld Glasgow G67 4EQ Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 002 Cumbernauld North 1 letter of representation received. Balwant Singh Chadha, Alan Masterton, Barry McCulloch, Alan O'Brien,
Recommendation: Approve Subject to Conditions
Reasoned Justification: The proposed development accords with the adopted North Lanarkshire Local Plan Policies HCFIA and DSP4, as it is considered that there will be no detrimental impact on the residential amenity and character of neighbouring properties and the wider residential area.
Taking these points into account, it is considered that there are no material considerations that would merit refusal of this application.
115 3eproduced by permission PLANNING APPLICATION 13/00335/FUL Produced by Planning and Development f the ordnance survey m EnvironmentalSeFJices A YU.L hlfof HMSO Q Crown Change of Use of Open Space to Garden North Lanarkshire Council hwighi and database nghi Ground Fleming House AG&@hire U12 All rights reserved 2 Trvst Road /cwndl lrdnanceSurvey Cumbernauld mmce number 100023396 14 Mossywood Place, Westfield, Cumbernauld G67 1JW v
I I 116 Proposed Conditions:-
1, 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 define the permission.
2. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: In the interest of the amenity of the site and the general area.
117 Backaround PaDers:
Representation Letters One letter of representation received 5'h April 2013
Consultation Responses:
Regeneration and Infrastructure Services reply date 26th March 201 3
Contact Information:
Any person wishing to inspect these documents should contact Ms Lisa Smith at 01 236 632522
Report Date:
8'h April 2013
118 APPLICATION NO. 13/00335/FUL
1. Site Description
The application site is a section of open space owned by the Council and is located west of 14 Mossywood Place Westfield, Cumbernauld. The site sits within a densely built established residential area and has a series of access pathways, landscape features and communal parking areas throughout. A level difference is evident with the ground nearer the application site sitting higher than its boundary to the west. The ground is overgrown and in need of maintenance.
2. Proposed Development
The proposed development is the change of 40 square metres of public open space to private garden ground and is subject to the land being sold by the Council to the applicant.
3. Atmlicant’s Supportina Information
None.
4. Site History
None.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 The adopted Local Plan is the North Lanarkshire Local Plan which designates the area as Policy HCF 1A (Protecting Residential Areas and Community Facilities - Residential Amenity). This policy seeks to protect the residential amenity of the existing residential area. Policy DSP 4 Quality of Development is also relevant and sets out criteria to secure high standards of site planning and sustainable design. For the purpose of this application DSP 4 3(f) is relevant.
6. Consultations
6.1 The Council’s Regeneration and Infrastructure Service has confirmed they have no objection to the proposed change of use.
7. Representations
7.1 One letter of representation has been received which objects to the proposal on grounds that it will be detrimental to privacy and daylight, the removal of trees will create additional flooding, there will be a change of character of the current woodland area, there is insufficient plans about levelling of ground and boundary treatments and the proposed change of use will be detrimental to wildlife.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act requires that planning decisions be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan - North Lanarkshire Local Plan: The site is located within an established residential area in Westfield, Cumbernauld and is zoned as Policy HCF 1A (Protecting Residential Areas and Community Facilities - Residential Amenity). Policy DSP 4 (Quality of Development) is also relevant. The primary issues to be considered
119 are the appropriateness and compliance with the development plan and the affect the proposed development will have on the surrounding area.
8.3 The proposed change of use requires to be assessed in terms of Policy HCF IA, which seeks to protect the residential amenity of existing residential areas. Approximately two thirds of the ground requested to change to garden ground will face directly on to the gable wall of the nearest neighbour west of the application site. On this basis it is considered that the proposed development will not have a significant impact on this neighbouring property. On conducting the site visit the application site is overgrown and there is significant open space remaining to the north, west and east of the application site. As such, the impact of the change of use and replacement boundary fencing on neighbouring properties is considered to be acceptable and therefore, in accordance with policy HCF 1A.
8.4 Policy DSP 4 (3f) -sets out that developments should integrate successfully into the local area, avoid harm to neighbouring amenity by relating well to the existing context and avoiding adverse impact on existing or proposed properties through overlooking, loss of privacy, amenity overshadowing or disturbance. Due to the points raised in the paragraph above, the change of use and replacement boundary fencing is considered to accord with Policy DSP 4.
8.5 Representations;One letter of objection has been received on the following points;
Point of Objection: The objector hoped to purchase a section of the application site and this permission will remove any chance this.
Comment: This is not a planning consideration.
Point of Objection: The area is subject to a level difference, is subject to flooding, resulting in the objectors garden flooding and that any removal of trees will make this situation worse. The objector requests that an environmental impact report is undertaken prior to any permission being granted.
Comment: Whilst removal of sapling trees and vegetation may alter water run off, this is not a planning matter.
Point of Objection: The level of difference and any flat surface created on this ground will result in a negative effect of the privacy and daylight currently enjoyed.
Comment: This application relates only to a change of use, any future development that may require planning permission will be assessed in due course.
Point of Objection: The proposed development will result in a change of character from woodland area and will be detrimental to wildlife at the application site.
Comment: The area is part of a wider area of open space and it is considered that sufficient open space will remain post the proposed development.
Point of Objection: Insufficient plans have been provided to show how the land will be developed.
Comment: A planning condition has been set requiring details of any boundary treatments to be confirmed by the Planning Authority prior to their erection.
9. Conclusions
9.1 In conclusion, it is considered that there is not a significant impact on the residential amenity of immediate neighbouring properties and the wider residential area. As such, it is recommended that planning permission be granted.
120