AGENDA ITENo.
North Lanarkshire Council
Planning Applications for consideration of Planning and Transportation Committee
Committee Date: 29 May 2017
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE
29th May 2017
Page Application No Applicant Development/Site Recommendation No
8−26 16/0 1 367/FUL Ashfield Land / Construction of 160 Grant (P) Taylor Wimpey Houses (and Associated Works) Site East Of Drumpark School Glasgow Road Coatbridge
27−33 17/002601FUL Mr Anwar Partial Change of Grant Ulhaq Use to Form Hardstand Stances for Car Wash, Car Sales and associated Portacabin. Site At Burnbank Street Greenhill Coatbridge
34−42 17/00369/FUL Mr George Conversion of Grant McCrone Stables to Form Dwellinghouse Faskine Stables DIY Livery The Stables Calderbank Road Airdrie MI−6 9RF 43−49 1 7/00457/FUL Mr Alexander Change of Use of Grant Cameron Agricultural Land for the Formation of Two Caravan Pitches, including Amenity Blocks and Stable Block, Formation of Access and Hardstanding (in Retrospect) Foulburn Stables 100 Foulburn Road Hartwood MI−7 5FA
50−54 1 7/00475/FUL Mr Steven Change of Use to Grant McGhee form 3 Shops units (Class 1) including new Shopfront Coltness Gatehouse Kenilworth Avenue Wishaw
(P)
16/01367/FUL: If minded to grant, planning permission not to be issued until legal agreement concluded which secures developer contribution to address education impact Application No: Proposed Development:
16/01 367/FUL Residential Development Comprising 160 Houses (and Associated Works)
Site Address:
Site East of Drumpark School Glasgow Road Coatbridge
Date Registered:
14th July 2016
Applicant: Agent: Ashfield Land I Taylor Wimpey Lambert Smith Hampton 25 Blythswood Square 33 Bothwell Street Glasgow Glasgow UK UK G24BL G26NL
Application Level: Contrary to Development Plan: Major Application Yes
Ward: Representations: 010 Coatbridge West 1 letter(s) of representation received. Caroline Stephen, Mary Gourlay, Kevin Docherty,
Recommendation: Approve subject to conditions and legal agreement
Reasoned Justification: The proposed residential development of 160 houses is considered to be a departure from the Development Plan, however, it constitutes sustainable development and will help address a housing land supply shortfall within North Lanarkshire. The proposed development can also be accommodated without detriment to the character and amenity of the surrounding area.
Legal Agreement: Planning permission should not be issued until the developer has completed a Section 75 Agreement with the Planning Authority to secure the appropriate level of financial contribution to education provision within Bargeddie. :IItJIII: N
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Reproduced by Planning Application: 16/01367/FUL permission of the Name (of applicant): Ashfield Land I N North Lanarkshire Ordnance Survey on Taylor Wimpey behalf of HMSO. © Site Address: Site East Of Drumpark Coundi Crown Copyright and School database right 2009. All Glasgow Road rights reserved. Coatbridge Ordnance Survey Development: Construction of 160 Licence number Houses (and Associated Works) 100023396. ProposedConditions:−That
except as may otherwise be agreed in writing by the Planning Authority, the numbers:development−AL(0) shall be implemented in accordance with drawing 01, AL(0) 02 (rev E of 05.05.17), BLR TK/00.00, CHA−2 TKI00.00, DGS−3 TK100.00, DRM− TKI00.00, ERA TK/00.00, GS−2 TK/00.00, HME−2 TKI00.00, MXL−2 TKI00.00, GTC−E−SS−001 0_Ri −8_i_of_I (Sub Station)
Reason: To clarify the drawings on which this approval of permission is founded.
2. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the written approval of the Planning Authority, other than those detailed on the approved plans. Before the development hereby permitted starts, tree protection measures in accordance with British Standard BS 5837 shall be erected along the drip line of any trees directly adjacent to the application site and these measures shall not be removed without the approval in writing of the Planning Authority.
Reason: In the interests of the conservation value of the site and the visual amenity of the site and the adjacent residents.
That the SUDS compliant surface water drainage scheme 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) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and users within the development site. 4. Notwithstanding condition 1, that before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of an amended housing layout shall be submitted to the said Authority and shall include,
− Amendments to the vehicular access to the site to indicate the location of underground ducting to accommodate the provision of traffic signals in the future.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
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 ii. 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 and a phasing plan for any identified remediation works shall be approved in writing by the Planning Authority prior to any works taking place on site.
Reason: To ensure the suitability of the site for the proposed development and to establish the extent and nature of any ground contamination 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 6, shall be carried out to the satisfaction of the Planning Authority in accordance with a timetable to be agreed in writing by the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy. Reason: To establish the extent and nature of any ground contamination in the interests of the amenity and wellbeing of future residents.
7. That before the development hereby permitted starts, full details of the bund or bund/acoustic fence to be erected to the south of the site must be submitted to and approved by the Planning Authority. Once in place a report should be submitted, produced by a suitably qualified engineer/acoustic consultant confirming that this mitigation measure has been constructed as per the detail required. This bund or bund/acoustic fence shall be completed prior to any properties being occupied.
Reason: To safeguard the amenity of the local environment and nearby communities
That before the development hereby permitted starts, the specification for the acoustic glazing and acoustic ventilation; which is required to be provided in the north facing facades of the property which are closest to Glasgow Road, Coatbridge, requires to be submitted to and approved by the Planning Authority. Prior to these properties being occupied a report produced by a suitably qualified engineer/acoustic consultant must be submitted to, and approved by the Planning Authority, verifying the correct installation of the approved mitigating features.
Reason: To safeguard the amenity of the local environment and nearby communities
That before the development hereby permitted starts, the specification for the required 1.5 metre acoustic fence; on the North side of this development to ensure suitable noise levels in the gardens of the properties which face on to Glasgow Road, Coatbridge, requires to be submitted to and approved by, the Planning Authority. In addition, prior to these properties being occupied a report produced by a suitably qualified engineer/acoustic consultant must be submitted to and approved by, the Planning Authority, verifying the correct installation of these mitigating features.
Reason: To safeguard the amenity of the local environment and nearby communities
10. That before the development hereby permitted starts, Construction Method Statements (CMSs) shall be submitted to and approved in writing by the Planning Authority, and thereafter be adhered to for the duration of the works. The CMSs shall address potential impacts of all construction works and any ground stabilisation measures on the surrounding environment and local population, and shall include a Site Construction Environmental Management Plan and measures to control, and protect where appropriate:
Phasing,
Location of site compound
Construction traffic access
Reason: To safeguard the amenity of the local environment and nearby communities
11. 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 sewerage and surface water drainage arrangements.
12. 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 all earth moulding and hard landscaping, boundary treatment, grass seeding and turfing, including the proposed earth bund to the southern boundary of the site; (b) Details of trees protection measures across the site. For the avoidance of doubt this shall include protection measures for trees along the northern and eastern boundaries of the site, (c) a scheme of tree and shrub planting within the site and SUDS basin area, incorporating details of the location, number, variety and size of trees and shrubs to be planted. For the avoidance of doubt, this shall take cognisance of Designing Streets policy and be developed taking account of local species and biodiversity interests; (d) a detailed timetable for all landscaping works (in particular the acoustic bund between the houses and the Viridor Waste Plant) 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, to ensure high quality visual amenity.
13. That all works included in the scheme of landscaping and planting, approved under the terms of condition 12 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure the implementation of the landscaping scheme in the interest of amenity.
14. 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 protectionof:−(a)
the proposed footpath link in the north east of the site linking to Glasgow Road; (b) the proposed grassed, planted and landscaped areas; (c) the proposed SUDS area; (d) any communal fences and walls; (e) play provision within the site. (f) acoustic fencing
Reason: To ensure the maintenance of the landscaping scheme in the interest of amenity.
15. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 14 shall be in operation.
Reason: To ensure there is an adequate landscape maintenance scheme in place.
16 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.
Reason: In the interests of amenity and design by ensuring that external materials are appropriate for the site.
17. 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. For the avoidance of doubt, all fencing and walls shall take account of visual impact and the edge of settlement location and potential noise impacts from adjacent land users. Reason: To enable the Planning Authority to consider these aspects in detail.
18. That no dwelling hereby permitted shall be occupied until the street and footpath adjacent to it have been constructed to basecourse standard and the street 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.
19. That before the last of the dwellings hereby permitted is occupied, all streets, 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.
20. That visibility splays of 4.5m x 120m shall be provided in both directions from the site access to Glasgow Road.
Reason: To ensure the provision of appropriate visibility splays as set out on the approved layout.
21. That before commencement of building works on any plot, unless otherwise agreed in writing, full details of the final proposed levels, including levels on immediately adjacent land, shall be submitted to, and approved in writing by the Planning Authority.
Reason: In the interests of amenity by ensuring that levels are appropriate for the site and for the general area.
22. That before the development hereby permitted starts, a scheme, for the provision of an equipped play area within the application site shall be submitted to, and approved in writinginclude:−by(a) the Planning Authority, and this shall
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 to be erected around the play area, (d) details of a DDA compliant access; (d) details of the phasing of these works.
Reason: To ensure adequate provision of play facilities within the site.
23. That before occupation of the last dwellinghouse within the development hereby permitted, all works required for the provision of the equipped play area and, included in the scheme approved under the terms of condition 22, shall be completed.
Reason: To ensure adequate provision of play facilities within the site. Background Papers:
Consultation Responses:
NLC Traffic & Transportation received l6'August 2016, 7th and 25 April 2017 NLC Education Resources received 25th July 2016, 24th March 2017. NLC Protective Services (Pollution Control) received 20th September 2016, 25th January and 1st May 2017 NLC Play Services Manager received 1st August 2016 Scottish Environment Protection Agency received 28th July 2016 and 2 ndMarch 2017 Scottish Natural Heritage received 3 rdAugust 2016 The Coal Authority received 21" July 2016 Viridor Waste Management Limited received 12th and 19th April 2017
Planning and Transportation committee report of 27th January 2016, Local Development Plan Planning and Transportation committee report of 10th August 2016, Local Development Plan
Contact Information:
Any person wishing to inspect these documents should contact Mr Craig McIntyre at 01236 632500
Report Date:
12 th April 2017 APPLICATION NO. 16/01367/FUL
REPORT
1. Site Description
1.1 The site is situated to the south of Glasgow Road on the eastern edge of Bargeddie. Occupying approximately 10.59 hectares of open rough scrubland the site is bound by the A89 Glasgow Road to the north, the former Drumpark Primary School campus to the west, Luggie Glen Business Park to the east and the Viridor Waste Plant to the south west. The highest point of the site is located centrally within the site with a ridgeline running in an east west axis, the site generally slopes downwards to the north and south from this ridgeline with the lowest point being at the south west corner of the site. The slopes are generally steeper in the southern half of the site. The site boundary and the field boundaries contain a number of mature trees, with the trees on the northern boundary of the site to Glasgow Road being protected by a Tree Preservation Order (TPO). The quality of the trees varies across the site.
1.2 The wider area is characterised as being predominantly rural with a mixture of fields and parkland golf course (Drumpellier Golf Club), but also the local settlements of Bargeddie and Coatbridge. Directly to the north west is the built edge of Bargeddie which has a mix of 1 − 2 storey dwellinghouses. 2. Proposed Development
2.1 Proposed is a residential development of 160 dwellinghouses, a reduction of 20 from the initial submission. The houses are for the private market, predominantly two storey detached and semi−detached units with a choice of nine different house−types ranging from 2−4 bed units. Access would be from a single point onto Glasgow Road (a dual carriageway) using a left in − left out' layout i.e. traffic leaving the site heading east would first of all need to head west and turn at the first roundabout. The design and layout has evolved taking cognisance of National Policy 'Designing Streets', with a more informal street pattern than conventional standards that have characterised residential development over recent years. A new footway is proposed along the frontage of the site onto Glasgow Road, and a footpath is proposed from the east end of the site (through the existing and retained tree belt) towards Glasgow Road.
2.2 Elements of a landscape strategy are set out in the plans and the design and access statement, and this shows the incorporation of a landscape band around the southern and eastern boundaries of the site.
2.3 An area of open space is provided in the south west corner of the site, which although sloping, would be landscaped and maintained as passive space, and the applicant proposes play provision within.
2.4 The application originally included an element of class 4 business use at the eastern edge of the site adjacent to the Luggie Glen Business Park, however, this was withdrawn as a result of the reduction in the developable area of the site due to the introduction of a buffer between the development and the adjacent Viridor Waste Plant.
3. Applicant's Supporting Information
3.1 The applicant has submitted the following information in support of their application:
• Design and Access Statement • Pre−Application Consultation with the Community Report • Ecology Report • Transportation Statement • Tree Survey and Arboriculture Constraints Report • Flood Risk Assessment • Site Investigation Report • Noise Impact Assessment/Acoustic Report • Odour Report • Air Quality Assessment report • Drainage and Engineering Report
3.2 The Pre−Application Consultation report summarised the public event which was held on the 9thof December 2015.
4. Site History and Context
4.1 The site was assessed during the 'Call for Sites' Main Issues Report consultation process (site submission number 0005/09) for inclusion into the emerging Local Development Plan (LDP). The site was included in the draft North Lanarkshire Development Plan as being located within the urban area of Bargeddie and identified as a future housing development site.
4.2 There are no relevant applications in respect to this particular site, however, Barratt West Scotland have secured a planning consent (following an appeal) for 180 houses to the north of Glasgow road immediately adjacent to this site. That site is in the Green Belt and was not included as a proposed site within the emerging LDP. However, the Scottish Government reporter was satisfied that the need for housing in the area outweighed those factors. In terms of access, that application proposed a new junction onto Glasgow Road which would be controlled by traffic signals. That application was in principle and therefore the exact location and detail of the proposed access has not yet been agreed.
4.3 Planning permissions are in place at the adjoining Viridor waste plant for various works including the construction of a new waste processing plant designed to process mixed household waste. Members may be aware that the Clyde Valley Waste Project has signed a contract with Viridor which will see residual household waste from 5 Councils in west−central Scotland (including North Lanarkshire) being processed at this site.
5. Development Plan
5.1 This application site raises issues of a strategic and local nature and therefore must be considered in terms of the Strategic Development Plan and Local Plan.
5.3 The site is identified as NBE3A Greenbelt in the North Lanarkshire Local Plan 2012 (NLLP).
6. Consultations
6.1 The following consultation responses have been received:
6.2 NLC Transportation: Various discussions have been had with NLC Transportation with changes made to the proposed site layout, including changes to the internal layout and parking provision. A variety of layout design is provided through the street pattern and make−up, the varied nature of the layout in respect to intervening open space and level differences, alternate junction types and turning facilities, and through the ultimate variances of surface materials. Overall, it is accepted that enough has been achieved in design terms. While various comments are made in respect to the transportation aspects of the proposal, and conditions recommended, in light of the zoning of the site and the variety of guidance within Designing Streets policy, from a planning perspective it is considered that the layout is at a suitably advanced stage that may be supported with any residual matters addressed via conditions. Other matters raised by Transportation in respect to adoption standards can be addressed at that stage or through the Roads Construction Consent (RCC) process. It is noted that a footpath through the open space in the north east of the site would not be adopted and it would be for the applicants factoring arrangement to address that matter. The proposed access onto Glasgow Road is considered acceptable. As and when Barratt submit details of their layout for approval, the access details will be expected to align with any permission granted for this site. The impact of this will be that when both developments are built out, both accesses will have the benefit of traffic signals.
6.3 NLC Protective Services raised comments in respect to the requirement for a Site Investigation Report, construction impacts and appropriate lighting. Specific consideration was given to the assessment of the Acoustic report, the Air Quality report and the Odour report and all were found to demonstrate the acceptability of the proposed development in terms of its relationship to the adjacent Viridor Plant, with the requirement for detailed mitigation measures addressed via conditions.
6.4 NLC Education Resources provided an initial response in July 2016 which commented that the development is situated within the catchment area of Bargeddie Primary and St Kevin's Primary schools. Based on the number of proposed units and a primary pupil product ratio (PPR) of 0.3 this development would yield approximately 54 primary pupils. The additional pupil product from this proposed development could not be absorbed within the existing school provision in the area. It was therefore envisaged at that time that an extension to the capacity of St Kevin's Primary school would be required. The developer would finance a proportion of the costs in direct relation to the anticipated pupil yield from this development. The Service anticipated that a Developer Contribution in the region of £204,545 would be required to deal with the impact on provision in the local area resulting from this development.
Education Resources then provided a revised consultation response in March 2017 in which they stated that following a review of the emerging NLLDP, and the promoted sites within the local catchment area a completely different approach and solution is required to deal with the impact of the proposed level of housing in the area. Based on the information in the proposed LDP, and recent appeal (Barratt site to north of Glasgow Road) granted by Scottish Government, it is anticipated that an additional 830 units will be added to the housing land supply in this local area. This is estimated to generate an additional 250 primary school pupils. To put this into context, a single stream primary school can accommodate 217 pupils. Therefore, such an increase in primary school age pupils cannot be absorbed into the existing estate. It is now envisaged that an additional primary school will be required in the local area to accommodate the additional pupils. For a new build primary school, it is calculated that each unit would be required to contribute £7,800 to the cost. This development of 160 units equates to a contribution of £1,248,000 towards dealing with the impact on education infrastructure. (see section 9.1 below for a commentary on this issue)
6.5 NLC Play Services raise no objection and provided comments with regard to the design and specification of the play equipment within the proposed play area which can be addressed via conditions.
6.6 Scottish Natural Heritage raise no objection and consider that providing the measures set out in the applicants Ecological Report are properly implemented, then the proposals are unlikely to have a significant impact on the natural heritage of the area.
6.7 Scottish Environmental Protection Agency raise no objection to this planning application, however they state that it is important that the local planning authority (LPA) fully considers whether it is appropriate for the proposed new housing development to be sited in close proximity to the Viridor Waste regulated site. In particular they refer to Scottish Planning Policy which states that Planning Authorities should consider the need for buffer zones between dwellings and some waste management facilities. In this case (given the fact that the adjoining Viridor waste plant processes mixed waste) a 250m buffer may be appropriate. SEPA suggest that careful consideration will be required to assess if the proposal is compatible with existing and proposed adjacent land use and whether there are adequate separation distances between the sites or if additional measures require to be incorporated within the layout of the proposed development for example to mitigate where possible for process failures which could generate odour problems. This point was duly assessed and the applicant has provided technical studies with the aim of demonstrating that the proposed residential development is compatible with the continued operation of the adjacent Viridor Waste Plant. The applicant reduced the capacity of the site from 180 units to 160 units by setting the development back a minimum of 1 OOm from the Viridor Waste Plant.
6.8 The Coal Authority raises no objection to the application, setting out standing advice to the applicant.
7. Representations
7.1 One letter of representation was received from Viridor Waste Management Limited as a result of the standard neighbour notification and press advert.
7.2 Viridor set out to remind the Council of its obligations under the Scottish Planning Policy (SPP) to protect the interests of existing waste management facilities through the consideration of buffer zones between dwellings and some waste management facilities. Viridor make the point that the fact that they are an established use with consented enhancement for the facilities with reference to their contract with the Clyde Valley Residual Waste Treatment Partnership is a material consideration that should be given sufficient weight when considering the acceptability of any residential development in the locality.
7.3 Viridor have engaged with the applicant's agents (KSG Acoustics Ltd.) to ensure that the proposed development does not conflict with their current and future operations within the site and to ensure that the amenity of future residents is protected. Having reviewed the revised housing layout as represented by drawing ref AL(0) 02 Rev D, theycomments:make−− the specific
The housing layout should be configured to provide an optimum distance between sensitive receptors and the Recycling hub taking into account noise, odour and air quality, − Adequate mitigation measures (supported by technical assessments) should be built into the scheme to ensure that the risk of complaint is minimised and the amenity of residents is not compromised. − An acoustic bund and fence should be provided along the southern boundary of the development site between the proposed housing and the recycling hub, details (including cross sections) should be provided. − The bund shown on the layout plan and the bund shown in the noise model (KSG ref 15341R4/vl) do not match. − Viridor disagree with the noise penalties which have been applied in the assessment of the noise from Viridor, KSG have only included a noise penalty for tonal noise, however, it is reasonable to state that noise from Viridor is calculationintermittent.−worsening Therefore an additional 3dB should be added to the KSG conclusions. In respect of the future compatibility of the two uses it is suggested that the applicant demonstrates why such a noise penalty for intermittent noise should not be applied. − Noise from road traffic on Glasgow Road is the main contributor to the background noise level at the proposed site. In the south of the proposed site, road traffic noise will be screened by the proposed dwelling buildings themselves. This will potentially reduce the background sound level, and increase the audibility of operations from Viridor.
7.4 Viridor conclude that following assessment of the noise reports undertaken by KSG and when assessed in accordance with BS41452, noise from Viridor is likely to cause an adverse impact at a number of the proposed dwellings. Viridor suggest that further assessment is required by the applicant before the application can be determined.
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. It is considered that the proposal raises issues of a strategic nature in terms of the Glasgow and the Clyde Valley Strategic Development Plan (SDP) 2012 as it promotes more than ten houses in the Green Belt.
Glasgow and Clyde Valley Strategic Development Plan 2012
8.2 The site forms part of the Green Belt under the Spatial Development Strategy of the Glasgow and the Clyde Valley Strategic Development Plan 2012 (SDP).
8.3 The Spatial Development Strategy notes that the Green Belt is central to the sustainable planning of the Glasgow and Clyde Valley city region. In terms of the Spatial Vision of the SDP, it highlights that the Green Belt is an important strategic tool in achieving key environmental objectives by directing planned growth to the most appropriate locations, creating and safeguarding identity through place−setting and protecting the separation between communities. In this instance, falling within the Green Belt, the proposed development is not in line with the Spatial Development Strategy. The SDP does however go on to consider that the review of Green Belt boundaries should be a priority of Local Development Plans. This review, along with the assessment of promoted sites is currently being carried through the emerging Local Development Plan and it is acknowledged that a change in zoning from Green Belt to residential is proposed.
8.4 Strategy Support Measure 10 'Housing development and local flexibility' of the SDP notes that local authorities should continue to audit their housing land supplies in light of prevailing market conditions with a view to maintaining an appropriate five years effective housing land supply, guided by a sustainable location assessment. Strategy Support Measure 10 relates specifically to housing development and together with Diagram 4 provides a framework for assessing proposals where these are unrelated to land supply established in the development plan. The Planning Service would acknowledge that although the site is not identified in the adopted local plan for residential purposes, there is a known shortfall in housing land supply. This is material to the assessment of the application along with the flexibility required by planning authorities in addressing housing land supply, set out in Scottish Planning Policy (SPP). In short, the need to maintain a five−year effective housing land supply is a continuing and on−going requirement and the Planning Authority requires to be flexible in how this is achieved, a factor re−enforced by the recent appeal decision in relation to the proposed housing site to the north. It is accepted that a demand case can be made. It is also accepted that the proposed development is of a scale which is capable of being delivered within the next 5 years.
Assessing the application against Diagram 4 (Sustainable Location Assessment) criteria directly, it is noted that it would rate negatively in respect to the Green Network in technical policy terms (the site is adopted Green Belt); but otherwise, the development would be of a limited scale that would deliver housing land in the short term; would be a relatively small expansion to an existing settlement; would constitute only a small incursion into the Green Belt; would contain a direct boundary to the urban area (on the basis that there is a planning permission for housing to the north); would maintain defensible Green Belt boundaries and would have footpath connections to the existing road network.. Furthermore, there are no insurmountable technical constraints at the site, there are no prohibitive biodiversity designations, there are no existing passive recreational uses, while there are bus routes, local services and schools in the surrounding area.
In concluding the assessment of the development of the proposal against the SDP, whilst it does not accord with the Spatial Development Strategy, there are arguments that it may be an acceptable departure from the plan on the basis that the site is a sustainable location where there is a known need for housing.
North Lanarkshire Local Plan (NLLP)
8.5 The North Lanarkshire Local Plan zones the site as NBE3A Green Belt' and not part of any planned land supply. The SPP states that the purposes of Green Belts include directing growth to the most appropriate locations and to protect and enhance the quality, character, landscape setting and identity of towns. It notes that Green Belt designation should provide clarity and certainty on where development will and will not take place. The Council has expressly defined Green Belt boundaries within the North Lanarkshire Local Plan and has very clear related policies on acceptable Green Belt proposals. On this basis, the proposal does not accord with this policy.
8.6 Otherwise, the proposed development also requires to be assessed against Development Strategy Policies DSPI−4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development).
8.7 Policy DSP1 'Amount of Development' is relevant, with specific reference to Criterion B Potential Additions to Planned Land Supplies due to the Green Belt status of the site. Additions to housing land supplies greater than certain thresholds outside identified sites require to be justified by demand assessments. In this instance, it is accepted that there is a recognised shortfall in housing land supply, with a requirement on the Council to provide a minimum 5−year housing land supply at all times. The development is considered to be acceptable when assessed against policy DSP1.
8.8 Policy DSP2 'Location of Development' further considers the strategic approach to development locations. Located in the Green Belt reference to Criterion B: 'potential additions to planned land supplies' is relevant. It is acknowledged that the application fails to comply with the primary Green Belt zoning of the site. Policy NBE3 'Assessing Development in the Green Belt' defines acceptable forms of development in the Green Belt, including proposals necessary for agriculture, forestry, horticulture, telecommunications, renewables or appropriate outdoor recreation. Mainstream housing, as proposed here, would ordinarily be inconsistent. However, taking into account the strategic policy assessment in paragraphs 8.3−8.4 above and in respect to the requirements of SPP discussed in 10.1 below, it is considered that there is sufficient justification for the proposal in this instance. If approved, the development would maintain a clearly defined Green Belt boundary, would have an acceptable level of accessibility, would utilise the existing road network, would provide a developer contribution towards education provision, would not impact unacceptably on environmental assets, would not impact on any known constraints and would not impact adversely on town centres. In this regard, while technically contrary to the Green Belt zoning, the application is considered to be acceptable under policy DSP2.
8.9 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. In this instance Education Resources have provided a mechanism for securing the contribution to the educational estate required to serve the development. Taking the above matters into account, it is considered that the proposed development accords with Policy DSP3.
8.10 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. Design Principles Including Provision for the Development and Links to Nearby Green Networks
The applicant has submitted a Design and Access Statement which provides information with respect to the proposed site layout and house design. While on the periphery of the settlement of Bargeddie, views into the site are partially filtered by established and proposed trees, hedgerow and landscaping. There would also be a softer edge to the development through landscaping. As such, and taking into account the level of landscaping also afforded to Glasgow Road, the layout and nature of the housing proposed is considered to be acceptable. Materials can be controlled via conditions. The density is considered acceptable. The band of open space along the southern boundary of the site results in visual and acoustic benefits with regard to the proximity to the Viridor Waste Plant and conditions have been proposed to enable the control of landscaping and fencing within this area to further advance passive recreational benefits and biodiversity attributes. While play facilities are shown on the site layout plan, the detailed design and specification of this play area can be taken forward via conditions.
The applicant intends to retain the majority of trees along northern and eastern boundaries and to enhance visual amenity and landscape integration (as part of a wider landscape buffer), with new planting also proposed along the southern boundary with the Viridor Waste Plant. This maintains some continuity with the established local context. It is acknowledged that the tree survey supporting the application identified several trees along the northern boundary that are diseased, expressing concern regarding their condition and recommending removal. Further tree removal will be required to accommodate the footway along the site frontage onto Glasgow Road and to accommodate the footpath connection at the north−east corner of the site. It is also highlighted that these are covered by a TPO and currently have local landscape significance. On balance, the nature and extent of tree removal required in order to facilitate necessary pedestrian access to and from the site is deemed acceptable, given that many of the trees to be removed are in poor condition, there will be a replacement tree planting scheme and the fact that the green character and appearance of that part of the site will remain intact. Conditions are proposed to further advance the landscaping strategy to ensure control over any tree removal (that may be required as a result of disease or in minor instances due to local working requirements), and to ensure that where this may be justified adequate replacement landscaping is implemented. This should ultimately look to enhance and build upon established site boundaries with a longer term view, even where the removal of any mature diseased trees can be justified. b. Safe, Inclusive, Convenient and Welcoming Development
Access to the site has evolved in discussion with NLC Transportation and it is considered that the development is now accessed in an appropriate manner from a single access off Glasgow Road. A review of the consultation outcome with NLC Transportation is set out in paragraph 6.2 and in planning terms it is considered that all matters have been satisfactorily addressed, or can be controlled via conditions. The proposed site layout has been designed to take account of national policy guidance 'Designing Streets' in order to create a greater sense of place, and provide a nature of street design that is more pedestrian and cyclist friendly. Overall, it is accepted that a softer nature to the development has been achieved whilst satisfactorily meeting functional requirements, and that all areas have a good degree of passive surveillance from the proposed housing. The above detailed design elements are considered to create a safe, welcoming development and in time, when landscaping within and around the development fully matures, one with good green elements. A condition is proposed to ensure DDA compliant access is provided to the Play Area.
C. Energy Resources and Sustainable Development
In terms of sustainable development, it is acknowledged that the site's inclusion for development purposes has followed the emerging local plan process in light of housing land supply requirements in the wider area, and strategic aims of planning policy for the Clyde Valley region. As a site, it is also designed to link to local footpaths with a satisfactory proximity to local amenities.
Air Quality, Noise and Pollution Impacts
With regard to noise, air quality and odour following consultation with NLC Protective Services and SEPA the nature and scale of development has been demonstrated to be acceptable in terms of its close proximity to the Viridor Plant. The concerns raised by Viridor Waste Management Limited relating to acoustic issues are fully discussed in section 9.3 below, however, following a review of the data used by KSG Acoustics Ltd in their noise reports NLC Protective Services were satisfied that technical solutions promoted by the developer will resolve any potential noise complaint issues between future residents and Viridor. Conditions have been attached to ensure that any noise mitigation measures are suitably detailed and completed prior to the completion of the development. e. Drainage and Water Body Status
Both Scottish Water and SEPA have been consulted and this has raised no objections as set out in section 6 of the report. Foul drainage is to be connected to the foul sewer and surface water drainage intended to be dealt with by a SUDS system/Basin, with ultimate adoption by Scottish Water. Conditions can be attached to ensure all requirements of Scottish Water, SEPA and general SUDS principles are satisfactorily achieved. The applicant also submitted a Flood Risk Assessment with the application and this raised no objection from SEPA in respect to flooding interests. This should also guide the final design of drainage infrastructure.
Impact on Local Amenity
In considering the location of the site in relation to neighbouring residential properties, it is considered that there are no significant adverse impacts on their amenity in respect to sunlight/daylight, levels and privacy, with adequate standards being achieved. A condition is also proposed in respect to reviewing and approving appropriate boundary fencing. 8.11 In light of all of the above, it is considered that the proposal is in accordance with Policy DSP4 of the emerging NLLDP. In concluding the application's compliance with the North Lanarkshire Local Plan, it is noted that it complies with policies DSP 1−4 but is contrary to the current Green Belt zoning of the site.
9 Consultations:
9.1 NLC Education Resources. The applicant has expressed concern about the increase in the proposed financial contributions to mitigate the impact of the development on the educational estate from the initial consultation in July 2016 which proposed a figure of £204,545 to meet the costs of an extension to the capacity of St Kevin's Primary school to a figure of £1,248,000 in March 2017 to meet the costs associated with the development of a new school. This matter will need to be resolved in advance of the conclusion of the Section 75 agreement and both parties need to arrive at a figure which they deem acceptable while not impacting on the viability of the development. Should an agreement between interested parties not be forthcoming then the matter will be presented back to committee for further instruction.
9.2 In terms of the other consultation responses received, it is considered that the outstanding matters which have not been covered earlier in this report could be suitably addressed by way of planning conditions or advisory notes attached to any permission.
Representations:
9.3 Following neighbour notification and a notice in the local press, one letter of representation was received from Viridor Waste Management Limited.
9.4 The Planning Service are aware of its obligations to reflect Scottish Planning Policy (SPP), with regard to the need to consider the establishment of buffer zones between waste management facilities and sensitive receptors such as dwellings and have taken the decision not to set a specific separation distance but rather to ensure that applicants provide sufficient technical information to satisfy the Council that there will be no detriment to either party from the proposed development.
9.5 Viridor's concerns were primarily related to the acoustic issues that may arise from location dwellings in close proximity to their established industrial use. The applicants noise consultant KSG Acoustics Ltd were asked to provide additional information on the noise report and the data sources for the SOUNDPLAN model to enable NLC Protective Services to respond to the issues raised by Viridor. Viridor's concerns and the Council's considered response following the receipt of the additionalfollows:−Theinformation from KSG Acoustics Ltd are as
housing layout should be configured to provide an optimum distance between sensitive receptors and the Recycling Hub taking into account noise, odour and air quality,
The applicant has reduced the development capacity of the site from 180 houses to 160 houses as a result of the decision to move the houses a minimum of lOOmetres away from the Viridor Plant. This has enabled the applicant to have sufficient space within their landholdings to undertake physical measures (bund, acoustic fence) to mitigate any acoustic issues emanating from the Viridor plant rather than rely solely upon the mitigation measures being undertaken by Viridor.
Adequate mitigation measures (supported by technical assessments) should be built into the scheme to ensure that the risk of complaint is minimised and the amenity of residents is not compromised. NLC Protective Services are satisfied that the findings of the KSG Acoustics Ltd reports accord with best practice and the range of mitigation measures set out in the report are adequate to resolve any potential noise complaint issues between future residents and Viridor.
of − An acoustic bund and fence should be provided along the southern boundary the development site between the proposed housing and the recycling hub, details (including cross sections) should be provided.
(KSG − The bund shown on the layout plan and the bund shown in the noise model ref 1534/R4/v1) do not match.
Condition 7 requires the applicant to confirm the location and specification of the proposed bund and acoustic fence between the development site and the Viridor site.
Viridor disagree with the noise penalties which have been applied in the assessment of the noise from Viridor, KSG have only included a noise penalty for tonal noise, however, it is reasonable to state that noise from Viridor is calculationintermittent.−worsening Therefore an additional 3dB should be added to the KSG conclusions. In respect of the future compatibility of the two uses it is suggested that the applicant demonstrates why such a noise penalty for intermittent noise should not be applied.
NLC Protective Services have scrutinised the methodology and data sources which went into the SOUNDPLAN model and found that the noise penalties proposed by KSG Acoustics Ltd are acceptable.
Noise from road traffic on Glasgow Road is the main contributor to the background noise level at the proposed site. In the south of the proposed site, road traffic noise will be screened by the proposed dwelling buildings themselves. This will potentially reduce the background sound level, and increase the audibility of operations from Viridor.
The Council accepts that the proposed acoustic mitigation measures along Glasgow Road and the development of the housing will decrease the levels of background noise levels from the road at the southern boundary of the site, however, the cumulative impact on the background noise levels from the introduction of an acoustic fence along the northern boundary of the site onto Glasgow Road and the development of the housing have been factored into the KSG Acoustics Ltd reports findings and the proposed mitigation measures have been designed accordingly.
10. Material Considerations
Scottish Planning Policy (SPP)
10.1 Scottish Planning Policy (SPP) is an important material consideration. SPP says that where (as is the case here) there is less than a five year supply of effective housing land, development plan policies for the supply of housing are not to be considered up to date and the presumption in favour of development which contributes to sustainable development is to be a significant material consideration. In such cases any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against the wider policies in SPP should be taken into account.
10.2 In this case it is accepted that there is a shortfall in the effective housing land supply. It is also highlighted that in the emerging LDP, the site is proposed for residential purposes; and that an assessment of the application against other local plan policies raise no significant impacts. In these circumstances, construction of 160 houses on the site would make a contribution to the housing shortfall.
10.3 SPP also identifies the uses of Green Belt designation. These are directing development to the most appropriate locations, supporting regeneration, protecting and enhancing the character and landscape setting of the settlement; and protecting and enhancing access to open space. It confirms that where Green Belt designation is justified, it will be for local development plans to define the boundaries as part of their spatial strategies. In this case, it is considered for the reasons set out earlier in the report, a departure from the primary zoning can be justified and with limited impact.
Emerging Development Plan
10.4 The Planning and Transportation Committee approved the Proposed North Lanarkshire Council Local Development Plan on 10 August 2016 and the consultation period expired on 24 March 2017. A report will be presented to committee in due course advising of the outcome of the consultation and recommending the next course of action.
10.5 This site was put forward by the land owner as a suitable housing site in the 'call for sites' process of the LDP. This was assessed against a sustainability and deliverability matrix. This site was not considered one of the most suitable to meet shortfall in Airdrie/Coatbridge Housing Sub−Market Area based on its performance against the Sites' Sustainability and Deliverability Matrix criteria/factors. However following a separate Urban Boundaries Review process, this site is included within the Urban Boundary and therefore was identified as a 'Future Housing Development Site', these being sites which have the potential to be developed to meet future housing need. The LDP document states that such sites would have to be justified on the basis of housing need and or locational circumstances. The case for housing need has been established and the location has been demonstrated as being sustainable.
10.6 The exact nature and extent of representations received in relation to the proposed designation at this site is not yet known but it can be confirmed that some objections have been received. The implication for this is that (in normal circumstances) the proposed designation would be the subject of examination by Scottish Government Reporters as part of the LDP process. However, if planning permission were to be granted then that would effectively allow an LDP zoning for housing to be confirmed and there would be no need for the zoning to be examined by the Reporters. In any case, given the stage in the process of the emerging LDP, it is considered that limited weight can be given to the proposed designation of this site at this time. Instead, it is suggested that significant weight should be given to Scottish Planning Policy (as noted above) which states that significant weight should be given to bringing forward sustainable sites (such as this) which will assist in addressing the housing land shortfall.
10.7 It must be acknowledged that for those who may have objected to the site's designation in the LDP, they will be denied the right to be heard by Reporters in the LDP examination process. However, it should also be noted that there were no representations submitted as part of the planning application process. Also, whilst the importance of a plan led system is recognised it is not possible for the Council to await the conclusion of the LDP process (anticipated to be early 2018) before it identifies the means of addressing the current and pressing housing land shortfall, as demonstrated by the recent appeal decision for housing on the north side of the application site, bearing in mind that site was also in the Green Belt but did not even feature as a proposed site within the proposed LDP.
10.8 The emerging Strategic Development Plan (Clyde Plan 2016) is at a more advanced stage in its process, having been though Examination and the Reporters' report published. Fundamentally, the vision and strategy of the emerging Clyde Plan does not differ significantly from that taken in the approved SDP and therefore would not (as a material consideration) change the assessment of this particular proposal.
11. Conclusion
11.1 In terms of an assessment of the proposal against the development plan, it is noted that the site's current designation as Green Belt ensures that the proposal is contrary to both the adopted Local Plan and approved Strategic Development Plan. However, it should also be noted that some support is given to the proposal through policies DSP 1−4 in the Local Plan and Strategy 10 in the SDP. Furthermore, significant weight must be given to the proposal via SPP in that the site and development are considered to be sustainable and that the development could assist in addressing the current housing land shortfall.
11.2 In terms of a detailed assessment, the layout and design is shown to be acceptable. In particular, despite not meeting the guidance for buffers between waste management sites and the new residential development, the applicant has demonstrated that the lOOm buffer between the site and the adjoining waste plant is sufficient. Also, a suitable means of mitigating education impact is available, albeit further discussions with the developer are required.
11.3 On balance therefore, the proposed development is considered to be an acceptable departure from the development plan and it is recommended that planning permission should be granted subject to conditions and the appropriate Section 75 Legal Agreement. Application No: Proposed Development:
I 7/00260/FUL Partial Change of Use to Form Hardstand Stances for Car Wash, Car Sales and associated Portacabin.
Site Address:
Site At Burnbank Street Greenhill Coatbridge
Date Registered:
28th February 2017
Applicant: Agent: Mr Anwar Ulhaq Kanak Bose 13 Morris Crescent Ogscastie Dalziel Park Carnwath Motherwell Lanark MI−1 5NH ML11 8NE
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 007 Coatbridge North No letters of representation received. Kirstin Larson, Alex McVey, Bill Shields, Allan Stubbs
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed car wash and car sales are considered acceptable in terms of the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The proposed development is unlikely to significantly adversely affect the surrounding industrial and business area. Area
El Sub Ste
Reproduced by permission of Planning Application: 17/00260/FUL the Ordnance Survey on Name (of applicant): Mr North behalf of HMSO. © Crown Anwar Ulhaq Copyright and database right Site Address: Site At Lanarkshire 2009. All rights reserved. Burn bank Street Council Ordnance Survey Licence Greenhill number 100023396. Coatbridge A Development: Partial Change of Use to Form Hardstand Stances for Car Wash and Car Sales ProposedConditions:−That,
except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− OGS 248 01 REV A and OGS 248 02
Reason: To clarify the drawings on which this approval of permission is founded.
2. That the permission hereby granted is for a temporary period only and shall expire on 31st May 2020, upon which the site must be reinstated to the satisfaction of the Planning Authority within six months of cessation.
Reason: To enable the Planning Authority to retain effective control.
3. That within 2 months of the date of this decision and prior to operations commencing on site, the applicant must confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfaction of the Scottish Environment Protection Agency (SEPA). Drainage from the following sources must be connected to the public foul sewer in accordance with the requirements of Scottish Water:−
a) Domestic sewage; b) Any trade effluent such as vehicle wash bay drainage; and c) Drainage from workshop floors and other surfaces which may be prone to contamination.
Where applicable, advice contained within the following Pollution Prevention Guidance Notes should be followed:−
PPG08: Storage and Disposal of Used Oils PPG13: High Pressure Water & Steam Cleaners PPG10: Garages and Vehicle Service Centres.
If surface water arising from non−high risk areas on the site cannot be taken to the public sewer, then the surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by CIRIA in March 2000.
For the avoidance of doubt, disposal of waste shall be dispersed within the site curtilage and waste water shall not be disposed of in the public road drainage system.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
4. to:Notwithstanding−• the plans hereby approved the following shall be adhered
The car wash waiting area shall be formed in a queue system to ensure the area is used at its full capacity to prevent queuing outwith the site boundary. • Sales vehicles to be displayed within the designated sales display areaas per plan OGS 248 02 and not in the vicinity of the junction with Burnbank Street. • 1 car parking space per 2 members of staff. • Service access to be available for transporters at all times.
Reason: In the interests of road safety.
5. Details of any proposed additional fencing shall be submitted to and approved in writing prior to the commencement of development on site.
Reason: To define this permission and in the interests of potential adjacent users. Background Papers:
Consultation Responses:
Traffic & Transportation received 101h April 2017 Environmental Health (including Pollution Control) received l3hhl March 2017 SEPA received 3"' May 2017 Scottish Water received 12th May 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01236 632500
Report Date:
15th May 2017 APPLICATION NO. 17/00260/FUL
REPORT
1. Site Description
1.1 The application site is an existing yard area accessed from Burnbank Street, Coatbridge measuring approximately 2175m' and secured by palisade security fencing. The site currently stores some cars that appear to be for sale with price tags on them as well as some containers and a snack van that does not appear to operate from the site. The site is within an established industrial and business area within Coatbridge and is bounded by residential properties of Burnbank Street to the north, industrial uses to the south and east and the gas works to the west.
2. Proposed Development
2.1 The application seeks planning consent for the introduction of a car wash and car sales area on the current yard area and incorporates a car sales display area for. 20 vehicles, customer and employee parking, car wash waiting/queuing area and wash area. In addition the proposals include the siting of two storage containers and a portacabin associated with the proposed uses. Access through the proposed site would be maintained for the wider industrial zoned area that lies to the south of the application site.
3. Applicant's Supporting Information
3.1 The applicant provided no additional supporting information in relation to the application.
4. Site History
4.1 The include:application−• site has a couple of applications of note which
Application 15/01508/FUL Change of Use to Storage of Shipping Containers and Operations (including Sales) Yard and Associated Works approved 14th September 2015 which covers a section of the application site and adjacent vacant ground. • Application 11/00052/FUL Remediation and Environmental Improvement Works in relation to the adjacent Gas Storage depot and approved 21st March 2011.
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 site falls within an area covered by policy EDI 2A which outlines that the Council will support industrial and business land development by maintaining a 10 year land supply of quality marketable industrial land and promoting the development of the industrial and business land supply. Policy DSP 4 is also relevant.
6. Consultations
6.1 Traffic and Transportation has no objection to the proposed development.
6.2 Protective Services have no objection to the proposed development.
6.3 SEPA has no comments on the proposed application and instead refers to their standing advice for such proposals.
6.4 Scottish Water has no objection to the proposed development.
7. Representations
7.1 Following the standard neighbour notification process and press advertisement no letters of representation have been received. 8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan − North Lanarkshire Local Plan: The site is located within an area covered by policy EDI 2A which outlines that the Council will support industrial and business land development by maintaining a 10 year land supply of quality marketable industrial land and promoting the development of the industrial and business land supply.The primary issues to be considered here are the appropriateness and compliance with the relevant development plan and the effect the proposal will have on the surrounding area.
8.3 Policy EDI 2A supports the continuing industrial character of new and existing industrial and business areas and sets out the criteria for change of use from industrial and business which includes: whether there is a surplus of industrial and business land; the attractiveness as a location for industry and business; location requirement for proposal; economic benefit to the area; suitable alternative sites; transportation issues; and re−use of vacant or under−utilised industrial land. In physical terms, the change of use of the vacant land for the car wash and car sales use is considered to be acceptable in relation to the surrounding industrial/business area. When assessed against the relevant policy, it is considered that the proposed use of the vacant yard area for car wash/sales can be accommodated at this location without detriment to the wider industrial/business area or indeed the surrounding vacant industrial land that surrounds the site. In addition it is considered that the use of a presently vacant site is deemed to be acceptable in this instance due to the nature of the proposed and established uses in the area. In this respect, the application is considered to comply with the spirit and intentions of the policy EDI 2A.
8.4 It is considered that given the nature and scale of the proposals. Policies DSP 1 (Amount of Development), DSP 2 (Location of Development) and DSP 3 (Impact of Development) are not an issue in this instance.
8.5 In terms of policy DSP4 Quality of Development, it is considered that the use of the vacant industrial land can be integrated successfully into the surrounding area without detriment to the amenity of the existing industrial and business area. Furthermore sufficient infrastructure such as parking, access and turning areas are in place to ensure that the proposed use can be carried out and will be compatible with the wider industrial uses in the area. It is therefore considered that the proposed use is acceptable in this instance and will not have a significant detrimental effect on the wider industrial location. Having consulted NLC Roads and Transportation and it is therefore considered to incorporated adequate, access, parking, turning and servicing facilities within the site. The development is therefore considered to accord with policy DSP4.
8.6 Other Material Considerations − Supplementary Planning Guidance: A material consideration is the Supplementary Planning Guidance (SPG) 15 Industrial & Business Development, of which Section C is relevant. With reference to change of use proposals in Industrial and Business areas, the SPG states that the Council will not support proposals which would be detrimental to the cumulative economic importance of small scale industrial and business sites or proposals which would have a negative impact on communities and the wider environment. When the proposed change of use development is assessed against this criteria, it is considered that the proposal will not result in a detrimental impact on the cumulative economic importance of small scale industrial and business uses in the wider area or have a negative impact on the adjacent businesses, Furthermore it is not considered that the use of the vacant site for car wash/sales would be to the detriment of the existing industrial and business area and would not result in a shortfall of premises for industrial or business use within this locale. Therefore the proposal is regarded as being in accordance with the Supplementary Planning Guidance.
8.7 Consultations: With respect to the comments made by NLC Protective Services they have no objection and conditions are recommended in relation to their comments received from MLC Traffic and Transportation and SEPA. Conclusions
9.1 In conclusion, taking into account of all the circumstances relevant to this application, the proposed change of use for car wash/sales is considered acceptable in this instance and will not result in an unacceptable impact on the character of this industrial and business area which complies with the spirit and intentions of policy EDI 2A (Industrial and Business Areas) and DSP4 of the North Lanarkshire Local Plan. Taking account of the provisions of the development plan and all other material considerations, it is recommended that permission be granted. Application No Proposed Development:
1 7/00369/FUL Conversion of Stables to Form Dwellinghouse
Site Address:
Faskine Stables DIY Livery The Stables Calderbank Road Airdrie MI−6 9RF
Date Registered:
22nd March 2017
Applicant: Agent: Mr George McCrone Ian Johnston Faskine Stables 19 Locketyett View The Stables Belishill Calderbank Road MI−4 3HQ Airdrie MI−6 9RF
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 012 Airdrie South 26 letters of representation received (18 Michael Coyle, Paul Di Mascio, Ian McNeil and Objections including Monklands Glen Sandy Watson Community Council and 8 in Support including a petition with 719 signatures in support).
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposal complies with Policy NBE 3A (Green Belt) in the North Lanarkshire Local Plan. The design, scale, location and use are considered to be acceptable in this rural area.
ProposedConditions:−That,
except for the requirements of conditions below or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:− 001, 002, 003 and 004.
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 units within the site are 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 units.
4. 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 any of the residential conversion hereby approved are occupied, 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.
Background Papers:
Consultation Responses: Memo from Protective Services received on 3 r April 2017 Memo from Traffic & Transportation received on 8th May 2017
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 632500
Report Date: 11th May 2017 APPLICATION NO. 17!00369/FUL
REPORT
1. Site Description
1.1 The application site lies within an area of relatively open countryside at Calderbank Road, Airdrie just to the north of Calderbank. The application site is bounded by a modern residential development to the north, an existing dwellinghouse to the west and agricultural land to the south and east. The application site is approximately 0. 11 ha site and has an existing single storey building that is used as a stables for an equestrian business. There is an existing vehicular access onto Calderbank Road as well as a turning area, both of which is shared with the adjacent dwelling.
2. Proposed Development
2.1 Full Planning Permission is being sought for conversion of the stables to form a dwellinghouse. The existing structure will be converted within its existing 'L' shaped footprint to accommodate a family lounge area, kitchen, 3 bedrooms and bathroom. There is an existing off street parking arrangement and the existing vehicular access onto Calderbank Road will be used.
Applicant's Supporting Information
3.1 A supporting statement was submitted by the applicant which states that the existing mixture of residential and commercial horse stabling at this location has operated continually in excess of 10 years and both design and external finish of both physical structures have not altered since construction. The applicant states that the stabling block has however not operated on a financially profitable basis for a considerable period and is now effectively functionally and financially obsolete. The applicant feels that the proposal now under consideration seeks to retain the existing physical link between the properties in terms of design and external finish and only proposed to introduce a minimal element of visual change required through the introduction of additional windows/doors into the proposed conversion which will have little visual impact on the surroundings.
3.2 The supporting statement considers that with regard to the development plan against which this proposal requires to be assessed (NBE 3A and Supplementary Note 07), the scheme as proposed will not have an adverse impact on the amenity of the application site and the surrounding area and will not detract from the rural character of the surrounding Green Belt land. The applicant states that the proposal will not result in any increase in the buildings at this location and the external materials are acceptable and appropriate for the nature of the buildings and the setting of the site. The supporting statement states that the proposal will have no infrastructure implications on the location and the existing site access arrangements are sufficient to accommodate both adjacent uses.
4. Site History
4.1 The following previous applications are relevant to the current proposal:
• 95/05101/OUT Use of land as equestrian centre including erection of dwelling, stables & formation of vehicular access (in outline) − Approved 5th January 1996 • 98/01088/FUL Erection of Equestrian Centre including Temporary Residential Accommodation − Approved 20th March 2002 • 05/00026/FUL Erection of Dwellinghouse in Connection with Equestrian Business − Approved 28th April 2006 • 07/00875/AMD Erection of Dwellinghouse (Amendment to C/05/00026/FUL) − Approved 30th July 2007 • 10/00183/FUL Removal of Condition 2 of planning permission C/07/00875/AMD which restricts occupation of dwellinghouse −Withdrawn 9th June 2010 • 1 1/00626/AMD Removal of Clause 7 Contained in Section 75 Agreement (covering requirement to clear site of buildings in event of business failing) − Refused 23rd August 2011. Appeal upheld on 27th March 2012. • 12/00827/FUL Change of Use of Tied Dwellinghouse to Non−Restricted Dwellinghouse (Removal of Condition 2 of Consent 07/00875/AMD) − Approved 30th July 2015 • 12/01057/AMD Discharge of Planning Obligation − Livery Stables and Riding School − Withdrawn 11th January 2013 • 14/00537/AMD Removal of Clause 8 (Continued in Section 75 Agreement Covering a Restriction on the Sale, Lease or Otherwise of the Applicants Dwellinghouse Within the Development Site (121008271FUL) − Withdrawn 7th April 2014 • 15/02040/FUL Change of Use of Tied Dwellinghouse to Non−Restricted Dwelling House Removal of Clause 8, Previous Applications − 12/00827/FUL & 14/00537/AMD − Withdrawn 2nd February 2016 • 15/02159/AMD Discharge of Legal Agreement− Approved 12 October 2016
4.2 For clarification, given the varied and detail planning history of this site, it is best to confirm the confirmation on current planning position. The applicant's existing dwelling was previously tied to the equestrian business and stables by a legal agreement and planning conditions, however, through applications 11/00626/AMD, 12/00827/FUL and 15/02159/AMD being approved, there is no longer a link between the stables and house. In addition, the existing dwelling is not required to be demolished when the equestrian business ceases operating.
Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 In the adopted North Lanarkshire Local Plan, the application site is located within the green belt and is covered by Policy NBE 3A (Assessing Development in the Green Belt).
6. Consultations
6.1 A summary of comments from the consultees is as follows:
i. Traffic & Transportation have no objection provided 3 car parking spaces with a turning area is provided and any gates should be set back from the area. ii. Protective Services advise that a site investigation is required. The edge of the building is built on made ground and therefore an intrusive site investigation is required which should include gas monitoring in the made ground, in light of the proposed end use, i.e. as a house suitable for human habitation as opposed to a stables.
7. Representations
7.1 Following the standard neighbour notification process and local press advert, 26 letters of representation have been received, 18 Objections including Monklands Glen Community Council and 8 in Support including a petition with 719 signatures in support.
7.2 The grounds of objection include stables should be demolish, future development, design, fenestration, Green Belt policy, existing dwelling, viability of business, should be removed, rural character, consultation, erosion of Green Belt policy, large housing development, road access and closure notice.
7.3 The grounds of support include existing housing shortage, existing building, enhance and improve the area.
8. Planning Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 Development Plan − North Lanarkshire Local Plan (NLLP): Residential development in the Green Belt is covered by Policy NBE 3A (Assessing Development in the Green Belt) which aims to protect the Green Belt through a presumption against development other than that associated with appropriate rural uses such as those necessary for agriculture, forestry or horticulture, facilities for outdoor recreation, tourism or other appropriate rural uses etc. Local plan policy also provides a list of criteria in which to assess conversion of existing building within the Greenbelt area. The following criteria in which to assess new development includes the condition of the existing building, the building is no longer capable of reasonable beneficial use for the purpose for which it was designed or last used, can accommodate the proposed conversion and whether it proposal is compatible with its location and adjoining uses.
8.3 A key issue is the impact of the proposed residential conversion of the existing stables building on the character of the Green Belt. The proposed residential conversion will be contained within the existing stables building which has no further impact on the character of the Green Belt other than the existing situation. The applicant has adequately demonstrated that the equestrian business has become financially unviable. The proposed residential use of the existing building is consistent with the residential properties on the opposite side of the road to the north and the existing dwelling immediately to the west. When the existing situation with the equestrian business and the extent of the proposed residential conversion are all taken into account, it is considered that the proposal would be in accordance with Green Belt policy NBE 3 A.
8.4 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). In this instance, due to the scale and nature of the development, the proposal will be assessed against DSP 4 (Quality of Development). 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. When assessed against this policy, the proposed residential conversion of the existing stables building does not have any significant impact on the character of this Green Belt location, given the impact has already occurred with the construction of this stable block and therefore complies with DSP 4. It is considered, therefore, that the proposal is in accordance with policies of the North Lanarkshire Local Plan.
8.5 Consultations: With reference to the comments made by Protective Service, a suitable planning condition to this affect is recommended. Regarding the comments made by Traffic & Transportation, there are sufficient parking and turning areas within the application site and the existing access is set back an appropriate distance from the public road.
8.6 Representations: In terms of the objection raised, I would offer the following comments:
Point of Objection: The stables were built to accommodate horses. A house was built to accommodate the stable owner. Without the stables, there would be no need to build on this piece of greenbelt. It is understood that this has been a carefully planned route to building dwelling houses on a piece of land which did not need buildings in the first place. It is requested that the planning committee refuse this application as the entire project would appear to have been a deceptive ploy to build houses, albeit playing the long game.
Comment: The equestrian business has been operating for some time but recently has not been operating on a financially profitable basis and this application seeks permission for an alternative use for the stables business.
Point of Objection: The building of stables was accepted and there is preference to see the horses in the field by removing the stables and building a house will spoil this area of natural beauty. If passed it opens the door to potential rise for more building on this nice green space.
Comment: The proposal is for a conversion and not a new building. Any further development would require a planning application to assess the suitability of the proposal.
Point of Objection: Why does the applicant require another house, so it can be sold? The external wall and roof design of the stables, it is obvious that they were built to 'mimic' the appearance of a house.
Comment: The purpose of the residential conversion is not under consideration but the suitably of the proposed conversion of the stables into a dwelling which has been assessed in detail above.
Point of Objection: We must keep as much green belt sites as possible for the enjoyment of all residents of the area. The views across the valley could be restricted If the new development build walls around their perimeter.
Comment: The proposed residential conversion will not result in a detrimental impact on the character of the Green Belt and any proposed fenestration will be secured by a recommended planning condition.
Point of Objection: The application site is located within an area covered by Policy NBE 3A (Greenbelt) in the adopted North Lanarkshire Local Plan. This policy restricts developments except for those connected with agriculture or forestry. This conversion to dwelling house of the stable block does not fit the criteria.
Comment: Policy NBE 3A (Greenbelt) does permit the conversion of existing building for residential use.
Point of Objection: The existing house is for staff of the equestrian centre, if the stables cease to exist then no dwelling will be needed.
Comment: There is no current legal or planning tie between the stables and the adjacent dwelling.
Point of Objection: The supporting statement confirms The stabling block has however not operated on a financially profitable basis for a considerable period and is now effectively functionally and financially obsolete'. With so few horses it is highly unlikely that business model was ever viable or could have justified the investment in the Stables Block".
Comment: It is noted that equestrian business is no longer viable which has resulted in the proposal for an alternative use for the stables building.
Point of Objection: As the owner has now publicly conceded that the "stabling block...... is functionally and financially obsolete", North Lanarkshire Council's original rationale for granting planning permission to erect a building on Green Belt is also obsolete. NLC's Planning Department should therefore reject this application and demand that the owner removes the building so that it no longer restricts the views across the fields into the valley. Any other decision would reward unsubtle tactics to circumvent planning restrictions on Green Belt for commercial gain and adversely impact open spaces at the edge of our town.
Comment: The equestrian business has been operating for a significant amount of time but has recently become unviable and proposed residential conversion is consistent with the Council's Green Belt policy.
Point of Objection: It is the policy of Scottish Planning Policy to preserve the greenbelt. The proposed changes to building are "out of character with the area ". There is no requirement for private housing on the site. Should the proposal be passed, it creates an "undesirable precedent" and the planning committee may find it difficult to resist similar plans elsewhere.
Comment: The proposed residential conversion of the existing stables building will not result a significant impact on the character of the Green Belt.
Point of Objection: The applicant does not indicate whether or not he proposes any changes regarding public right of way and public access.
Comment: There is no right of way within the planning application site.
Point of Objection: There has been no pre−application consultation with the local community councils and a full plan with the sketch of the site elevation is not available for the public to pursue and comment on. preComment:−application This is a local development planning application where is there no requirement for consultations with the local community councils and the plans plus all other relevant documents have been available for the public to view on the Council's eplanning website throughout the application period.
Point of Objection: If this attempt to convert the stables into a house on Green Belt were to succeed, by giving way on the issue of the stables building would begin an erosion of NLC's Green Belt policy as this application is just taking forward an ambition to construct houses on a prime green belt location.
Comment: Any further development on the site would require a new planning application to be submitted for consideration.
Point of Objection: The applicant asked the people of Calderbank to sign a petition against the council's decision not to allow him to build a stable for horses we did this. Then some years later he asked again to build a house for his manager of the stables to stay in and not required to stay in a caravan the applicant was granted permission and built a mansion on the site now he wants to build more houses. There is a battle going on with the people of this area against building 3000 properties in the area on the green belt around where the stable building is located. If allowed permission again to bend the rules that is to say they want to build more and more on the site.
Comment: The suitability of the proposed residential conversions has been assessed in detail above and considered to be acceptable in this instance.
Point of Objection: Entry and exit to Ayr Drive onto Cairnhill Rd/ Calderbank is already dangerous enough. Serious multiple accidents have already occurred here over the years.
Comment: The proposal seeks to use an existing vehicular access into Cairnhill Road and Traffic & Transportation have not raised any road safety issues.
Point of Objection: There was never any intention on the part of the land owner to operate a successful business on this land. The applicant has issued an eviction notice to the people who were stabling their horses there and the fields and stables stand empty through the applicants own actions. A week ago there were 7 horses residing here with the facilities being used as a livery yard as they should be.
Comment: The fact the applicant has informed the owners of the horse stabled in the building that there is an intention to close reflects their intention with this planning application.
Point of Objection: He has already attempted and been denied a Removal of Clause 7 contained in Section 75 Agreement (covering requirement to clear site of buildings in event of business failing). The owner has made repeated attempts to get around the Greenbelt laws, including being less than honest with his original intentions when the property was built. In the event the property is not being used as an agricultural business, section 75 states the property must be removed, not additional buildings put up.
Comment: There are no outstanding legal agreement clauses that would require the dwelling or the stables building to be demolished.
Point of Support: Due to the shortage of houses, what is needed is more existing buildings to be converted into residential properties.
Point of Support: No objection to the proposal as there is already a building in place.
Point of Support: The proposed residential conversion will enhance the area.
Point of Support: The existing building being converted appears to be quite rundown, therefore, converting this to a dwelling will improve the area. 9.1 In conclusion, it is considered that the proposal can be justified against policies NBE 3A (Green Belt) and DSP 4 (Quality of Development) in the North Lanarkshire Local Plan. It is accepted that the proposed residential conversion development is suitable at this rural location without resulting in a significant impact on the character of the Green Belt. Taking account of these matters and the objection received, it is recommended that planning permission is granted, subject to conditions. Application No: Proposed Development:
17/00457/FUL Change of Use of Agricultural Land for the Formation of Two Caravan Pitches, including Amenity Blocks and Stable Block, Formation of Access and Hardstanding (in Retrospect) Site Address:
Foulburn Stables 100 Foulburn Road Hartwood MI−7 5FA
Date Registered:
31st March 2017
Applicant: Agent: Mr Alexander Cameron Alan Seath Planning Consultancy 88 Scott Road 88 Scott Road Glenrothes Glenrothes Scotland Scotland KY61AE KY61AE
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 013 Fortissat No letters of representation received. Thomas Cochrane, Martin McCulloch, Kenneth Stevenson, Sandy Thornton.
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed application meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The proposed development can be accommodated at this location without detriment to the surrounding rural area.
ProposedConditions:−That
the permission hereby granted is for a temporary period only and shall expire on 29 May 2022
Reason: To enable the Planning Authority to retain effective control.
2. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or any subsequent replacement legislation, no development shall take place within the curtilage of the application site, other than that which has been expressly authorised by the permission hereby approved or that which may be approved. Thereafter, no extensions, free standing buildings or other development shall take place within the application site, unless approval is obtained from the Planning Authority.
Reason: To ensure that any future development is carefully considered in the countryside location.
3. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawing numbers: 01, 02, 03, 04, 05, 06 and 07.
Reason: To clarify the drawings on which this approval of permission is founded.
4. That within three months of the date of this permission, a scheme of tree and hedge planting along the north western boundary of the site, as shown on the Drawing No.03 shall be submitted to, and approved in writing by the Planning Authority, and it shall include details of the location, number, variety and size of trees and hedging plants to be planted.
Reason: To enable the Planning Authority to assess these aspects in the interests of the visual amenity of the area.
That the scheme of planting, approved under condition (4) above, shall be completed within the first planting season following the date of this permission, and any trees or hedging plants which die, are removed, damaged, or become diseased 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.
6. That all run−off from contaminated yards, manure heaps and stable washing must be contained and disposed of in such a manner that water pollution will not occur to the satisfaction of SEPA and the Planning Authority. Uncontaminated surface water, including roof water, should be disposed of through the use of Sustainable Urban Drainage Systems (SUDS). Any effluent from toilet facilities must be disposed of to satisfaction of SEPA and the Planning Authority.
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
7. That before the development starts, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water, have been fully met in respect of providing the necessary site drainage and water infrastructure to serve the development.
Reason: To ensure the provision of satisfactory site infrastructure.
6. That no open air storage of materials, plant or equipment; shall take place within the application site.
Reason: In the interest of the amenity of the site and the general area.
9. That notwithstanding the details submitted the approval hereby granted is for the stable block, two caravan pitches and amenity blocks. The use of the site shall be restricted to primarily horse livery. No buildings or uses other than that expressly approved under the terms of this consent shall be erected or carried out on site without the prior written approval of the Planning Authority.
Reason: In order that the Planning Authority retains effective control of the site. 10. That the vehicular access should be fully paved over at least the first 10.Om in order to prevent loose material being carried onto the public road, and a drainage facility should be provided in order to prevent surface water flowing onto the public road.
Reason: In the interest of traffic and pedestrian safety
Background Papers:
Consultation Responses:
Memo from Environmental Health (including Pollution Control) dated 6th April 2017. Memo from Traffic & Transportation dated l9" April 2017
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500
Report Date:
15 May 2017 APPLICATION NO. 171004571FUL
REPORT
1. Site Description
1.1 The application site is an area of open countryside extending to 1.6 Hectares and is set in a rural location to the north west of Manton. The site is accessed from Foulburn Road and is bounded by open fields to the north and east and by Foulburn Road and the Glasgow to Edinburgh railway line to the south. The site gained planning permission in 2010 for a stable block, a horticulture business along with a temporary residential caravan. Since this time, the horticulture business has been dropped and two caravan pitches have been formed along with ancillary accommodation.
2. Proposed Development
2.1 The applicant seeks retrospective planning permission for the Change of Use of agricultural land for the Formation of Two Caravan Pitches, including Amenity Blocks and Stable Block, Formation of Access and Hardstanding (in Retrospect). Each Caravan pitch has a principal caravan, two associated ancillary/touring caravans, an amenity block and a shed. The completed stable block measures 133 square metres (22m x 6m), the two amenity blocks measure 16 square metres (6.2m x 2.5m) and the storage shed measures 57 square metres (6.3m x 9m). The application also proposes to provide parking with turning facilities incorporated within the site.
3. Applicant's Supporting Information
3.1 The applicant submitted and Planning Policy and Design Statement in support of the application.
4. Site History
4.1 Planning permission was granted on 15/9/10 for Removal of House Ruin and Erection of Replacement Stables, 2 Polytunnel Greenhouses for use in conjunction with Horticultural Business and Siting of Temporary Residential Caravan (ref. no. 1 0/00243/FUL)
5. Development Plan
5.1 The application site is zoned as NBE 3B − Assessing Development in the Rural Investment Area in the North Lanarkshire Local Plan. Local plan policy DSP4 also applies to any assessment of the proposal.
6. Consultations
6.1 Neither Roads and Transportation nor Protective Services raised any objections to the proposed development subject to conditions.
7. Representations
7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received with regard to the proposed development.
8. Planning Assessment
8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can be assessed in terms of the local plan policy. The site is zoned as Policy NBE 3B (Rural Investment Areas) in the North Lanarkshire Local Plan.
8.2 Policy NBE 3B (Rural Investment Areas) does not contain a presumption against granting new development in the Rural Investment Area. However, to accord with this policy, developments require to be located within an existing cluster and to meet the criteria of policy NBE 3A (Green Belt). The criteria include environmental impact, scale, form, design and enhancement of natural heritage by respecting natural boundaries.
8.3 Policy DSP 4 requires an appraisal of the existing character and features of the site and for developments to integrate successfully in terms of achieving a high quality of design, avoiding any adverse impact on residential amenity and taking account of any transportation issues.
8.4 As regards the requirements of Policy NBE 3B and SPG 08, the site is not a traditional cluster as defined by the relevant policy and guidance. However, the site is relatively self contained and has the potential to function as a cluster of caravans and buildings associated with Gypsy/Traveller use. As for environmental impact, it is considered the proposal does not impact on the visual amenity of the wider area. The chalets themselves, and other structures would be of a temporary nature and relatively modest in terms of size and scale. Give that the proposal is not a traditional cluster, the development does not fully accord with NBE 3B and SPG 08. However, the site specific circumstances in this instance are such that the impact on the character and function of the RIA is considered to be acceptable, subject to further consideration against DSP 4.
8.5 With respect to Policy DSP 4, the existing character of the site is well established, its development would not be considered to be to the detriment of the wider setting given that it is not particularly prominent on the landscape. As regards transportation issues, it is not considered that the proposal would intensify the use of surrounding roads significantly or result in any impact on road safety at this location. There is no impact on surrounding properties as there is no properties in close proximity to the site. In relation to open space and parking, each pitch would have its own dedicated provision and there is extensive open space generally within the site. With all these close assessments given, the proposal accords with DSP 4.
8.6 Local Authorities have a number of legislative duties and policy requirements in relation to planning for Gypsy/Travellers. Under the Human Rights Act 1998 and the Equality Act 2010, they must have due regard to human rights, equality and diversity when exercising their functions. It is important to note that Scottish Gypsy/Travellers are recognised as an ethnic group for the purposes of the Equality Act 2010, and as such the Public Sector Equality Duty (PSED) is of relevance. This requires public authorities to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between people with a protected characteristic and people without. Under Scottish Planning Policy (2014), Local Authorities are required to plan for the current and future needs of the Gypsy/Traveller community and involve the Gypsy/Traveller community in the process of planning and decision−making which impacts upon them. In comparison to the wider housing needs of the settled community, the scale of the accommodation required by the Gypsy/Traveller community is small, but it cannot be overlooked. Decent homes are needed for any sustainable community, and Gypsy/Traveller individuals and their families are no exception to this principle. Dealing with the accommodation needs of Gypsy/Travellers is the most direct means of tackling wider problems of inequality and social cohesion. Scottish Planning Policy (SPP) (2014) considers Gypsy/Traveller accommodation under Specialist Housing Provision and Other Specific Needs, and states that: HNDAs [Housing Need and Demand Assessments] will also evidence need for sites for Gypsy/Travellers and Travelling Showpeople. Development plans and local housing strategies should address any need identified, taking into account their mobile lifestyles.cross−boundary In city regions, the strategic development plan should have a role in addressing considerations. If there is a need, local development plans should identify suitable sites privatelyfor these−owned communities. They should also consider whether policies are required for small sites for Gypsy/Travellers, and for handling applications for permanent sites for Travelling Showpeople (where account should be taken of the need for storage and maintenance of equipment as well as accommodation). These communities should be appropriately involved in identifying sites for their use.' (Para. 133, pg. 32)
8.7 The Scottish Government policy and advice outlined above highlights the council's responsibility to provide adequate permanent accommodation for travelling people and set out policies for dealing with applications for small privately owned sites. In assessing proposals for private sites it is accepted that there is no perfect location for gypsy/traveller sites and that compromises will be necessary in the assessment of such applications. The Government guidance also outlines criteria which should be addressed when assessing applications for private sites and the proposals are considered to generally comply with these criteria. It is the council's responsibility to identify, assess and resolve the needs of travellers and in terms of the current application it is considered that in this instance the approval of this application will go a small way to resolving a current shortfall in council provision. In addition, the objectives of rural policy would not be compromised by the proposal. As a result, an exception to policy can be justified in this case.
9. Conclusions
9.1 In conclusion, it is considered that the development does not have a detrimental impact on the character and amenity of the RIA. It is considered that this development may be justified against the relevant policies of the North Lanarkshire Local Plan, therefore, it is recommended that temporary planning permission be granted subject to conditions. Application No Proposed Development:
1 7/00475/FUL Change of Use to form 3 Shops units (Class 1) including new Shopfront Site Address:
Coltness Gatehouse Kenilworth Avenue Wishaw North Lanarkshire
Date Registered:
21st March 2017
Applicant: Agent: Mr Steven McGhee ATW Chartered Architects Colthouse Gatehouse Unit 1/2 Kenilworth Avenue 80 Queens Drive Wishaw Glasgow Scotland Scotland MI−2 7LP G42 8BJ
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 021 Wishaw No letters of representation received. Bob Burgess, Angela Feeney, Fiona Fotheringham, Jim Hume.
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the property and the surrounding commercial area. POEU
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Reproduced by permission of Planning Application: 17100475/FUL the Ordnance Survey on Name (of applicant): Mr Steven McGhee N North behalf of HIVISO. @ Crown A Copyright and database right Site Address: Coitness Gatehouse J Lanarkhire 2009. All rights reserved. Kenilworth Avenue COUflCJI Ordnance Survey Licence Wishaw frs\ number 100023396. North Lanarkshire Development: Change of Use to form 3 Shops units (Class 1) including new Shopfront ProposedConditions:−That
the development hereby permitted shall be carried out strictly in accordance with the following approved drawings nos: 001, 002, 003, 004 and 005.
Reason: To clarify the drawings on which this approval of permission is founded.
2. That notwithstanding the signage shown on the submitted plans and the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts or projecting signs shall be erected on the premises without the appropriate Advertisement consent being granted.
Reason: To enable the Planning Authority to retain effective control in the interests of amenity.
3. No development shall begin until the applicant obtains Listed Building Consent.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
4. That BEFORE the development hereby permitted starts, a sample of the proposed windows to be used on the previously extended rear, flatted roof extension shall be submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt no permission is hereby granted for the proposed Aluminium window units as shown on drawing no. 005. The development shall be implemented in accordance with the revised approved details.
Reason: To enable the Planning Authority to retain effective control, in order to ensure that appropriate materials are used on the listed property.
That BEFORE development hereby permitted starts full details and a sample of the proposed window shutters shall be submitted and approved in writing by the Planning Authority. The development shall be implemented in accordance with the approved details
Reason: To enable the Planning Authority to retain effective control, in order to ensure that appropriate materials are used on the listed property.
Background Papers:
Consultation Responses:
Memo from Traffic & Transportation dated 19th April 2017.
Contact Information:
Any person wishing to inspect these documents should contact Mr Jim Lennon at 01236 632500
Report Date:
15th May 2017 APPLICATION NO. 17100475/FUL
REPORT
1. Site Description
1.1 The application site relates to an end terrace property which is part single/part two storey and stone built Listed Building at the corner of Main Street/Kenilworth Avenue, Wishaw. The building was latterly used as a public convenience and is a Category 'B' Listed Building. The application site is surrounded by other town centre properties.
2. Proposed Development
2.1 Full planning permission is sought for the change of use of the premises from a public convenience to 3 no. Class I Retail Units. It is also proposed to create a new shopfront with the installation of new aluminium full length window units (4 windows in total with total size of 4.5 metres in length x 2.3 metre high) on the single storey element of the site which is to the rear of the main building, fronting ontore−instatementKenilworth. Some other minor alterations are also proposed, namely brick infill of a door and of a sash and case window. Shutters are also proposed for the Bay Window, details of which are requested through the imposition of a condition. Signage is intended to be added at a later date and will require the benefit of Advertisement consent.
3. Applicant's Supporting Information
3.1 None.
4. Site History
4.1 No site history albeit that there is a current Listed Building application being processed as planning permission and Listed Building consent has been sought (ref.no.171004761LBC).
5. Development Plan
5.1 The site is zoned as RTC 1A— Protecting the North Lanarkshire Centre Network (Town Centres) and NBE 1 132c − Protecting the Natural and Built Environment (Listed Building) in the North Lanarkshire Local Plan.
6. Consultations
6.1 Roads and Transportation have no objection to the proposals.
7. Representations
7.1 No letters of representation received.
8. Planning Assessment
8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues, it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan (2012) the site is covered by RTC 1A Protecting the North Lanarkshire Centre Network (Town Centres) and NBE 1 132c − Protecting the Natural and Built Environment (Listed Building).
8.2 Policy RTC 1A seeks to protect town centre uses and requires developments such as this to be assessed against the relevant policies. The proposal is acceptable subject to meeting the requirements of Policies NBE 1 132c, DSP 4 and SPG 05. These specify that the design and materials of developments affecting listed buildings must be appropriate to the character and appearance of the listed building and its setting and also that residential amenity be protected. The change of use proposed will provide 3 Class 1 shops that are typical of other shop units in the vicinity and the location of the property is central to the town centre and will enhance the area by virtue of bringing a redundant, underutilised building, back into productive use whilst safeguarding the setting of this B listed building. It is considered that the proposal can be accommodated without detriment to the building and surrounding area and it accords with policies RTC 1A, NBE 1 132c, DSP 4, and SPG 05.
8.4 Roads and Transportation have no objections to the proposal.
9. Conclusions
9.1 The development meets the criteria set out in policies RTC 1A, NBE 1 132c and DSP 4 contained within the North Lanarkshire Local Plan. The Class 1 use proposed is acceptable within the town centre and would not be of detriment to the character or amenity of the area. The proposed shop front alterations are considered to be acceptable in the context of this listed building and the proposed use is considered to add to the vitality of the Town Centre. It is therefore recommended that permission is granted.