North Lanarkshire Council
Planning Applications for consideration of Planning and Transportation Committee
Committee Date : 20 July 201 1
Ordnance Survey maps reproduced from Ordnance Survey with permission of HMSO Crown Copyright reserved
1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE
20th July 201 1
Page Application No Applicant DevelopmentEite Recommendation No 6 10/01266/FUL Mrs Aileen Equestrian Centre with Refuse Curle Office/Shop and Cafe. Avonside Farm Hulks Road Greengairs
13 1 1/00036/FU L Mr & Mrs Erection of 2 Dwellinghouses Grant Thomson Netherhall Farm Dura Road Allanton
22 1 1/00232/FU L C.N.C Change of Use from Offices to Grant (P) Investments Flatted Dwellings and Ltd Construction of Extension. 4 Avon Walk Central Way Cumbernauld Glasgow
27 1 1/00233/FUL Raphael Partial Demolition of Listed Grant Properties Building (former Bingo Hall to Ltd rear) and Redevelopment of the Remaining Building and Site for Flats and Mixed Use Development (including the Change of Use of the Listed Building to form 4 Units for Class 1 (retail), Class 2 (office) and Class 3 (food and Drink) on the ground floor with 5 flats on the first floor and Construction of a New Flatted Block containing 18 flats with associated parking and landscaping). 2 -10 Hallcraig Street Town Centre Airdrie
2 37 1 1/00248/LBC Raphael Partial Demolition of Building Grant Properties Containing Former Bingo Hall Ltd (Listed Building) and Redevelopment of the Remaining Section of Building and Site for Residential and Mixed Use Development (Including the Change of Use to Form 4 Retail, Office and Food/ Drink Units on the Ground Floor with 5 Residential Flats on the First Floor plus the Construction of a New Residential Block (Containing 18 Flats) with Associated Parking and Landscaping) 2-10 Hallcraig Street Town Centre Airdrie
47 1 1/00235/PPP William Construction of 10 Grant (P) Shanks Dwellinghouses and Construction Relocation of Existing Workshop (In Principle) Land West Of 73 Greengairs Road Greengairs
61 11/00456/FUL Dr Gillani Extension and Alterations to Grant Dwellinghouse and Erection of Decking 3 Gleneagles Avenue W esterwood Cumbernauld
68 11/00500/AMD Farrans Amendment to the Levels and Grant Construction Final Finished Profile as approved under the terms of Planning Permission 08/01278/MIN (Removal and Depositing of Material in Connection with Adjacent Motorway Construction Works) (in retrospect) Auchengeich Bing Auchengeich Road Moodiesburn
3 73 1 1/00528/FU L British Change of Use from Long Grant Waterways Term Leisure Moorings (No.9) to Residential Moorings Canal Bank Auchinstarry Road Croy
78 11/00529/FUL Mr Billy Change of Use From (Class 6) Grant G ibson Storage Unit to (Class 11) Muay Thai Boxing Gymnasium 12 - 14 Tannoch Place Lenziemill Cumbernauld
83 1 1/00551 /AMD Sanctuary Construction of 14 Houses and Grant (P) Scotland 7 Flats within a 3-4 Storey Request for Housing Flatted Block (amendment to Site Visit & Association previous layouts approved Hearing under permissions 05/00511/FUL and 08/00149/AMD) Site 1A Ainslie Road Kildrum Cumbernauld
92 1 1/00552/AMD S ct U ry Construction of 37 Houses Grant (P) Scotland (amendment to previous layout Request for Housing approved under permission Site Visit & Association 05/005 1 1/FU L) Hearing Site 2 Ainslie Road Kildrum Cumbernauld
103 11/00590/LUC Mr Alex Reid Storage Yard for Fencing Refuse Materials 17 Bridge Street Longriggend Airdrie
108 11/00613/FUL Mr Tom Single Storey Side Extension Grant Maginnis 2 Dunnachie Drive Kirkwood Coatb ridge
113 1 1/00628/FU L Mr lain Change of Use of Open Space Grant Westwater to Private Garden Ground and Erection of Boundary Fence 110 Cedar Road Ab ronhill Cumbernauld Glasgow
4 118 1 1/0063O/FUL Whiterock Erection of a 60 Metre Grant Energy Ltd Meterological Mast for Temporary Perios of Three Years Damhead Farm Bowhouse Road Airdrie
126 11/00633/FUL Ms Lynsay Change of Open Space to Grant McCappin GardedDriveway and Erection of 2 No 2 Metres High Gates Ground North West Of 8 Pickerstonhill Newarthill
(P) 11/00235/PPP - S75 legal agreement required to cover unopposed revocation of existing planning permissions and to govern use of applicant’s existing business premises 11/00232/FUL - S69 legal agreement required in relation to payment of commuted sum required by Affordable Housing Policy 11/00551/AMD & 11/00552/AMD - S69 Agreement required in relation to commuted sum in lieu of on site play provision
5 Application No: Proposed Development:
10/01266/FUL Equestrian Centre with Office/Shop and Cafe. Site Address:
Avonside Farm Hulks Road Greengairs ML6 7TJ
Date Registered:
22nd December 201 0
Applicant: Agent: Mrs Aileen Curle Jon-Marc Creaney Avonside Farm Kelvin House Hulks Road 87 Calder Street Greengairs Coatbridge ML6 7TJ ML5 4EY
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 007 Airdrie North No representation received. Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan,
Recommendation: Refuse
Reasoned Justification: The proposal is not considered to comply with the terms of the adopted Monklands District Local Plan 1991 and with the Finalised Draft North Lanarkshire Local Plan in that it is an isolated development in the countryside with no overriding need or benefit which outweighs the adverse environmental impact on the rural amenity of the area.
Reasons for Refusal:-
1. The site chosen for the proposed building is contrary to Policy GB2 (Restrict Development in Countryside around Towns) of the Monklands District Local Plan 1991 in that the proposed building is isolated and in a prominent location and as such, it is considered that the proposal will adversely affect the rural character of the area with no overriding need or benefit.
2. The proposed building is contrary to Policy NBE 38 of the Finalised Draft North Lanarkshire Local Plan as the proposed location of the building will not provide any enhancement of natural heritage in that it does not form part of a cluster of existing agricultural buildings. Any benefits arising from the proposed development are not sufficient to justify the unacceptable impacts this development will have on the site and surrounding area.
3. That should planning permission be granted a precedent would be set for similar developments in isolated and unacceptable locations in the countryside.
6 1:5,000 A +d$ Backaround Papers:
Representation Letters
No Letters of Representation received.
Consultation Responses:
NLC Greenspace Memorandum received 11th January 201 1. Traffic & Transportation (Northern Area) Memorandum received 27thJune 201 1. Scottish Environment Protection Agency Memorandum received 5'h January 201 1.
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 61 6475
Report Date:
11th July 201 1
8 APPLICATION NO. 10/01266/FUL
REPORT
1. Site Description
1.1 The proposed equestrian centre building will be positioned in a field in open countryside, at the junction of Hulks Road and Greengairs Road. To the south beyond open fields is the urban edge of Upperton settlement and to the north lies Avonside Farm. The site is bound to the east by conifer planting and to the west by the fields around Westside farm. The site lies some 287 metres from the applicant’s property Avonside Farm and extends to approximately 1230 square metres with a build footprint of approximately 132 square metres. The site is bounded to the west by Hulks Road and to the west by Greengairs Road.
2. Proposed Development
2.1 Planning permission is sought for the construction of a building consisting of a cafe (in the main) with ancillary changing facilities and an office. The applicant also indicates that the building will include an element of equine related retail floorspace. The site currently consists of an area of hard standing and a metal container used as a makeshift booking in facility in relation to the applicant’s pony trekking business which includes an existing cross country horse riding course with jumps. The facility will be accessed from the existing Hulks Road which leads to Avonside Farm.
3. Applicant’s Suwortina Information
3.1 The applicant has provided the following supporting information.
3.2 Planning Statement: This provides information on how the proposal will integrate with the current pony trekking business and argues that there is a demand for this type of facility locally and is supported by a business plan. Following discussions with the Planning Service a further statement was received giving reasons for locating the building out with Avonside farm’s existing cluster of buildings. The reasons given were based on contagious disease control, existing access and security. This report also advised that the proposal is likely to generate modest local employment opportunities.
4. Site Historv
4.1 No relevant planning History.
5. Development Plan
5.1 This application is not of strategic significance and can therefore be assessed against the adopted Monklands District Local Plan 1991.
5.2 The application site is located within an area covered by Policy GB2 (Restrict Development in Countryside around Towns). In this case the terms of Policy GB2 are relevant. Policy GB 2 is intended to protect countryside locations from inappropriate isolated development.
6. Consultations
6.1 A summary of comments from consultees is as follows:
Traffic and Transportation has recommended refusal. Greenspace Services has no objection to the proposal providing comments on biodiversity enhancements, landscaping and access rights.
9 Scottish Environment Protection Agency has no objections to the proposal and has provided comments relating to standing advice.
7 Reoresentations
7.1 No Iette rs of representation received.
8. Plannina Assessment
8.1 In accordance with Section 25 of the Town 8, Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 DeveloDment Plan Monklands District local Plan 1991 the site falls within a countryside location, GB 2 (Countryside around Towns) and as such proposals need to be justified against the criteria of economic benefit, specific locational need, infrastructure implications and environmental impact. Monklands District Local Plan 1991 Policy GB 2 (Countryside around Towns) protects countryside locations from inappropriate development. These criteria are discussed below.
8.3 Economic benefit The proposed development will offer some economic benefit to the area by supporting an existing equestrian business which is appropriate to the rural area. It is noted from the planning statement that the applicant is currently running her business from a temporary structure notwithstanding investing in the acquisition of additional land for trekking. The supporting statement claims economic benefit through the continued expansion of this activity. As such the economic benefit resulting from the proposal should be balanced against the adverse environmental impact of locating a building at this site. In this regard it is considered that the chosen location has an adverse impact on the Green Belt by being an isolated development at a prominent location in the countryside. Any economic benefit arising from the development is not considered to be sufficient to justify setting aside these concerns. It is considered that the proposed building would be better located within or adjoining the existing grouping of buildings at the applicant’s existing property.
8.4 Specific locational need: The applicant is proposing a building that in her view can only be located some distance from the existing farm in order to separate the two uses. As such the location of the proposed building is isolated outside the collection of existing farm buildings in a prominent location. While it is recognised that this building is intended to support an existing acceptable rural use (pony trekking) the main function of the building would appear to be that of a cafe and as such it is in itself not acceptable to locate the building in such a prominent and isolated position within the countryside. In this respect the building is not considered to accord with GB2 (Restrict Development in Countryside Around Towns). It is considered that the proposed building would be better located within or adjoining the existing grouping of buildings at the applicant’s existing property
8.5 lnfrastructure implications: While Transportation has recommended refusal it is considered that the proposed development will have a limited impact on infrastructure which may be ameliorated by revising the site access and layout. Similarly the introduction of footways and street lighting has to be weighed against maintaining a rural environment and the relatively low level of sporadic traffic that would be associated with the development. Foul drainage connection to a septic tank arrangement is proposed and will be subject to agreement with SEPA. It is therefore considered that there will be no impact on the existing foul water network. In both respects the impact on existing infrastructure is acceptable.
8.6 Environmental impact: The site is designated for landscape improvement under policy L11/2, being classified as devastated landscape. Notwithstanding this classification the landscape in which the site sits is attractive and would be better described as medium
10 quality landscape which is the designation of neighbouring land. The rural amenity of the area would be adversely affected by locating an equestrian building in such a prominent position. It is considered that this is unlikely to be offset by enhanced planting through recommending a suitable landscape scheme. Notwithstanding the building design and finishing materials proposed, a development at this prominent location will have a significant impact on the character of this rural location. As such the proposal conflicts with the aim of policy L11/2 further eroding the quality of the existing landscape. It is considered that the proposed building would be better located within or adjoining the existing grouping of buildings at the applicant’s existing property.
8.7 Other Material Considerations : Finalised Draft North Lanarkshire Local Plan: The site is covered by emerging local plan policy NBE 3 B Rural Investment Area which provides protection from inappropriate development. The overall intent of Policy NBE 36 is to focus new development towards the recognised building clusters thus minimising the impact on the landscape. The aim is to secure environmental improvements to the setting of existing buildings and to enable new development to connect with existing infrastructure and services. It is considered that the proposed building would not form part of an existing arrangement of buildings. Avonside Farm represents the closest significant building arrangement to the site but is set at a distance of 287 metres from the proposal site and thereby well outside being considered part of this cluster. As such the proposal does not accord with this policy in that the location of the proposal is considered isolated, providing no scope for enhancement of natural heritage.
8.8 Supplementary Planning Guidance Development in the Rural Investment Area In terms of the Supplementary Planning Guidance (SPG) on development in the rural investment area proposals may be acceptable provided the following impact criteria of NBE 3 B and requirements of the associated SPG can be met. There is a general presumption in favour of granting planning permission for new developments in the RIA if they:-
i) Enhance an existing cluster of development and are acceptable in terms of design, scale and countryside integration.
ii) Enhance the natural heritage value of the site (new planting, removal of intrusive features)
iii) Respect the natural boundaries (road, hedge, tree line, watercourse) and include works to reinforce and enhance boundaries and buffers.
8.9 In addition the proposals are required to be assessed against the criteria outlined in the related SPG 08 “Assessing Development in the Rural Investment Area”.
8.10 Section 1.4 of SPG 08 states that “any new development proposals should relate to the existing building footprint and the need to create a sense of enclosure and space.” The scheme as submitted does not achieve this aim having no clear relationship with the nearest building arrangement Avonside farm.
8.11 Section 1.5 of SPG 08 requires any new development to be located within a 50 metre radius development footprint (aka the circle of opportunity). The proposal is located a substantial distance outwith the 50m radius of the existing farm arrangement thus will be seen in isolation rather than as part of the existing building cluster. The proposed development is not accommodated within the circle of opportunity and does not therefore comply with the criteria of SPG 08.
8.12 This SPG advises that traditional rural building clusters found in North Lanarkshire generally comprise of a principle residential property (usually a farm house) and associated agricultural buildings where the buildings are closely grouped together and are of a limited scale. They usually form a traditional C or U shaped block which
11 creates a courtyard feature typically found in the rural areas of North Lanarkshire and elsewhere. In this respect the proposal does not accord with the SPG as it is located in a position distinct from the current buildings (Avonhead Farm) which form a recognisable cluster as such it is considered to be dislocated and therefore an isolated building in the countryside.
8.13 Policy NBE 38 requires that any development should result in an enhancement of the RIA landscape through extensive boundary planting to settle the development into the landscape setting. In this particular case structural landscaping scheme to allow the development to be integrated into the landscape is not possible as the public view to this development is substantial due to its prominent location on the junction of Hulks Road and Greengairs Road.
8.14 The FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). DSP 1 relates to additions to planned land supplies so is not relevant to this application. The development does not accord with policy DSP 2 in that while it is located in the rural investment area, the location lies out with an established cluster outlined in SPG 08. The proposals do not accord with policies DSP 3 and DSP 4 as although the design of the building is not wholly inappropriate the overall impact of the development is considered unacceptable in that it will lead to an isolated development in the countryside with no overriding need or benefit which outweighs the adverse environmental impact on the rural amenity of the area. Overall the proposal does not accord with the emerging local plan.
8.15 Design Guidance: The detailed design partly meets the current design guidance having a traditional appearance and being single storey. However should the committee be minded to grant this application it is recommended that materials should be controlled by using a suitable planning condition to secure a traditional finish.
8.16 Consultees: Traffic and Transportation have recommended refusal based on the current access arrangements, visibility onto Greengairs Road, site layout and lack of street lighting. These comments have to be weighed against maintaining a rural environment and the relatively low level of sporadic traffic that would be associated with the development. In this case not all the comments provided are considered relevant due to both the relatively low level of car journeys from the site and the impact of forming the recommended upgrade of footways, lighting, etc. That said the relevant recommendations (site access options and visibility splay improvements) could be considered through a revised layout and junction improvements and both these matters could be secured by planning conditions.
9. Conclusions
9.1 The judgement in coming to a recommendation is whether the benefits raised by the application outweigh the disadvantages of an isolated development in the countryside. While it is recognised that horse riding generally requires a rural location, the buildings associated with such an activity should be designed and placed into the existing landscape in order to minimise their impact. Positioning a building and associated infrastructure at this location while providing some benefit, not least to the applicant, is not sufficient to outweigh the adverse environmental impact on the rural amenity of the area and as such is not considered to comply with the terms of the adopted Monklands District Local Plan 1991 and with the draft North Lanarkshire Local Plan. It is therefore recommended that planning permission be refused.
12 Application No: Proposed Development:
11/00036/FUL Erection of 2 Dwellinghouses Site Address:
Netherhall Farm Dura Road Allanton ML7 5DJ
Date Registered:
18th February 201 1
Applicant: Agent: Mr & Mrs Thomson Gary Murray DTA Chartered Architects Ltd 9 Montgomery Street The Village East Kilbride G74 4JS
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 012 Fortissat No letters of representation received. Charles Cefferty, Malcolm McMillan, James Robertson,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development fails to meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008. The proposals however comply with the relevant policies of the Finalised Draft North Lanarkshire Local Plan and the approved supplementary planning guidance SP 08 Development in the Rural Investment Area. The proposed development can be accommodated at this location without significant detriment to the surrounding rural area.
13 Produced by PLANNING APPLICATION 11 I00036 IFUL Fbrh hnarkshire Coun al Planning and hdmnment Deparrmnt, Erection of2 Dwellinghouses
Netherhall Farm, Dura Road, Allanton
I: 4,000 *I OiBQ8 27427 A bx 01898 403053 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers;- L(2-) 01 Rev C, L(2-) 02 Rev A
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
4. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls, windows and roofs, guttering and architectural detailing etc shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition. Notwithstanding this requirement the facing materials shall include stone, neutral coloured smooth or wet dash render, timber doors and windows and slate or slate substitute tiles for the roofs.
Reason: To enable the Planning Authority to consider these aspects in detail.
5. That BEFORE the development hereby permitted starts, full details of the design, location and height of all fences and walls to be erected on the site shall be submitted to and approved in writing by the Planning Authority. Thereafter any walls or fences erected shall be implemented as per the approved details. Notwithstanding these requirements the boundaries shall be dry stone walls to the principle elevations no higher than 1 metre in height and post and wire fencing for all other boundaries.
Reason: To enable the Planning Authority to consider these aspects in detail.
6. 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 Investigationof 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 of future residents.
7. That prior to the first occupation of any of the dwellinghouses hereby approved, any remediation works identified by the site investigation report required in terms of Condition 7 above shall be completed and a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure the site is free of contamination in the interests of the amenity of future residents.
15 8. That PRIOR to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.
Reason: To ensure the provision of satisfactory drainage arrangements.
9. That before any works start on site, full details of the septic tank and soakaway system to be installed shall be submitted to and approved in writing by the Planning Authority and the applicant shall confirm in writing to the Planning Authority that the drainage arrangements to be provided are to the satisfactionof the Scottish Environment Protection Agency (SEPA).
Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.
10. That before each of the dwellinghouses hereby approved are occupied the associated parking and manoeuvring area as shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. For the avoidance of doubt the parking and manoeuvring areas shall be finished in tarmacadam for the first two metres only and thereafter shall be gravel.
Reason: In order that vehicles can enter and leave the site in forward gear, to ensure adequate parking provision and in order that the development is in keeping with SP 08 “Development in the Rural Investment Area”.
11. That before any works start on site full details of the proposed landscaping buffer plan as shown on approved drawing no L(2-) 01 Rev C shall be shall be submitted to and approved in writing by the Planning Authority. The approved landscaping scheme shall be implemented contemporaneously with the development and shall be completed prior to the occupation of the second house within the development hereby approved. For the avoidance of doubt the landscaping scheme to be submitted shall include full details of the scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted (which shall be of native species); an indication of all existing trees and hedgerows, plus details of those to be retained, and a timetable for the implementation of these works.
Reason: To allow the Planning Authority to consider these details, in the interests of amenity and to secure the integration of the new development into the rural setting.
12. That the scheme of landscaping and planting, approved under the terms of condition (1 1) above, shall be implemented in accordance with the approved timetable and shall be completed prior to the occupation of the last dwellinghouse within the development hereby permitted. Any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: To ensure that the required landscaping does not fail to be established through damage or neglect.
13. The scheme of landscaping approved in terms of conditions 12 and 13 above and coloured green on the approved plans shall not be altered or removed without the prior written agreement of the Planning Authority.
Reason: To ensure that the landscaping scheme is retained on site in the interests of the visual amenity of the wider rural area.
16 14. That core path 302 and right of way SM052, that follow the line of the access track which passes through the middle of the site, must be maintained in a passable condition at all times.
Reason: In order to maintain the public right of way.
15. That before any development starts on site a scheme of improvements to the private access track, including improvements to the surrounding roadsherges and the relocation and improvement of the access and the inclusion of passing places and road widening, shall be submitted to and approved in writing by the Planning Authority.
Reason: To allow the Planning Authority to consider these details.
16. That before either of the dwellinghouses hereby approved are occupied the scheme of access improvements approved under the terms of condition (15) above shall be completed to the satisfaction of the Planning Authority.
Reason: To ensure satisfactory vehicle access to the site.
17. That within 4 weeks of the development hereby permitted being occupied a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To monitor the development, to enable the Planning Authority to retain effective control.
Backaround Papers:
Consultation Responses:
Transportation Environmental Health (including Pollution Control) 28'h February 201 1 Greenspace 28'h March 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 698 2741 13
Report Date:
30thJune 201 1
17 APPLICATION NO. 11/00036/FUL
REPORT
1. Site Description
1.1 The application site is part of Netherhall Farm including the site of the farm house and steading and an area of land to the south. The site is situated to the south east of Allanton with access from the site onto Dura Road. Netherhall Farm is a traditional U- shaped farm steading comprising a one and a half storey main house with single storey attached outbuildings which have been converted and incorporated as part of the existing farmhouse. The site is relatively flat and is surrounded by agricultural land on all sides.
2. Proposed Development
2.1 Planning permission is sought for the erection of two detached dwellings on the land to the south of the existing farm steading. The proposed dwellings are L- shaped principally one and a half storey in height (7.4 metres) with a single storey wing. Each dwelling has its own off street parking with access taken from the private farm track leading to Dura road. The layout of both plots is fairly extensive and both include large garden areas to the rear.
3. Applicant's Supportinq Information
3.1 The applicant has submitted detailed plans of the proposed dwellings and 3D modelling of the proposed cluster to demonstrate its overall scale and impact in terms of the existing principal property.
4. Site History
4.1 Aprlication 9711 0021/OUT Rehabilitation of Existing Derelict Farmhouse. Approved 27' March 1997.
4.2 Application 98/00372/REM Rehabilitation and Alterations to Derelict Farmhouse. Approved 14'h April 1998.
4.3 Application 09/01334/FUL Erection of 4 No. Dwellinghouse. Withdrawn 1lth March 2010.
5. Development Plan
5.1 The site is zoned as ENV 8 (Rural Investment Areas) in the Southern Area local Plan 2008.
5.2 The application site is zoned as NBE 38 Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009
6. Consultations
6.1 A summary of the comments received from the consultees are as follows:-
i) Transportation has indicated that
ii) Greenspace Services requested that ecological surveys be provided if any buildings or trees were proposed to be removed as part of the development. Given that the proposals do not involve the removal of any buildings or trees Greenspace are content that no additional surveys are required in this instance and have no objection to the proposed development.
18 iii) Protective Services have no objection subject to the submission of a site investigation report.
7.
7.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received. a. Plannina 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 therefore be assessed in terms of the development plan policies. In the Southern Area local Plan 2008 the site is covered by policy ENV 8 (Development in the Rural Investment Area). Policies HSG11 (Housing in the Greenbelt and Countryside) and TR 13 (Assessing the Transport Implications of Development) are also relevant. In the Finalised Draft North Lanarkshire Local Plan FDNLLP the site is zoned as NBE 3B Assessing Development in the Rural Investment Area with the associated Supplementary Planning Guidance 08 (Development in the Rural Investment Area) also relevant. Both the FDNLLP and the approved SPG 08 are now material considerations in the assessment of such cluster developments.
Adopted Local Plan:
8.2 Policy ENV8 states that the Council will not normally permit development other than that directly associated with an appropriate rural use. The associated text outlines that any proposed development will require to be justified in terms of various criteria including:- economic benefit, specific locational need, infrastructure implications, and environmental impact. The proposed development fails to meet the criteria above as it proposes the erection of 2 new dwellings in the countryside without adequate justification in terms of the criteria listed above. The proposed development is therefore contrary to policy ENV 8.
8.3 Policy HSG 11 (Housing in the Greenbelt and Countryside) provides scope for dwellings in the Countryside, but only where there is a proven operational need in accordance with the criteria set out in policy ENV8. The proposed development is contrary to policy HSG 11.
8.4 Policy TR13 requires assessment of the proposal against various criteria including: the level of traffic generated and its impact on the road network and provisions made for access, parking and vehicle manoeuvring. Transportation has recommended refusal of the proposed development given the substandard nature of the access and visibility. The proposed development provides adequate off street parking and turning facilities and conditions are recommended regarding improvements to the surrounding roadsherges and the relocation and improvement of the access. The access will be repositioned and the inclusion of passing places and road widening are recommended by attached conditions. Therefore, although the proposal is not considered to be completely in accordance with Policy TR13, I consider the access arrangements to be acceptable at this site.
Finalised Draft North Lanarkshire Local Plan
8.5 The application site is zoned as NBE 38 Assessing Development in the Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2009. This policy seeks to protect the character of and to promote development in Rural Investment Areas through restricting development to acceptable types. There is a general
19 presumption in favour of granting planning permission for new dwellings in the RIA if they:-
i) Enhance an existing cluster of development and are acceptable in terms of design, scale and countryside integration.
ii) Enhance the natural heritage value of the site (new planting, removal of intrusive features)
iii) Respect the natural boundaries (road, hedge, tree line, watercourse) and include works to reinforce and enhance boundaries and buffers.
In addition the proposals are required to be assessed against the criteria outlined in the related SPG 08 “Assessing Development in the Rural Investment Area”.
8.6 The proposed development is located at a steading which is a recognised building cluster in terms of the criteria contained in section F of SPG 08. The building is considered a cluster by virtue of the original dwelling and the two attached outbuildings which have been converted and form part of the main dwelling. The proposed new dwellings are closely grouped together and will form a tight building group adjacent to the principle dwelling of Netherhall Farm. The size, configuration and design of the buildings proposed by the applicant are considered to be of a design appropriate for the rural area and are in keeping with the guidance contained in SPG 08. A condition is proposed to secure the use of appropriate materials. The proposed dwellings should be finished in stone with white render, slate or slate substitute tile roof with, timber windows and doors. The proposed housing designs are of a simple U-shape form with simple traditional detailing and are appropriate to the rural setting and will integrate well in the countryside location. The new development has a clear relationship to the principal building within the building cluster, with a replication of the existing building layout.
8.7 Section 1.4 of SPG 08 states that “any new development proposals should relate to the existing building footprint and the need to create a sense of enclosure and space.” The scheme as submitted achieves this aim with the two dwellings located close together replicating the footprint and form of the existing steading building and have a clear relationship with each other and the principal dwelling within the proposed building cluster.
8.8 Section 1.5 of SPG 08 requires any new development to be located within a 50 metre radius development footprint (aka the circle of opportunity). Both the proposed dwellings are located within the 50m radius of the existing steading thus will not be seen in isolation but rather as part of the existing building cluster. The proposed development is accommodated within the circle of opportunity with the ratio of built to un-built land being no more than 40% of the total area which also complies with the criteria of SPG 08.
8.9 Section 1.6 of SPG 08 clearly advocates the creation of courtyard forms, this is achieved by the proposed development of the two dwellings to the south which replicate the existing courtyard form of Netherhall Farm by creating a matching U- shape form creating a sense of enclosure within the cluster.
8.10 Policy NBE 38 requires that any development should result in an enhancement of the RIA landscape through extensive boundary planting to settle the development into the landscape setting. The applicant has provided an indicative structural landscaping scheme to the western and southern edges of the site to allow the development to be integrated into the landscape. Conditions are proposed requiring submission of full details of and to secure the implementation of the structural planting. The buildings will be screened from the principle views by the proposed landscape buffer. It should also be noted that the only public view to this development is a distant one from Dura Road.
20 8.1 1 The development is accessed from an existing private access road. The form and location of the car parking and manoeuvring areas for the proposed dwellings complies with the guidance at section 0 of SPG 08 and at 200% in curtilage car parking provision also meets the Council’s current transportation guidance. A condition is recommended to secure that he surface material for any hard standing areas will be rural in character e.g. gravel, with the standard distance from the public road in a suitable hard surface material e.g. tarmac and a condition is recommended to achieve this.
8.1 1 The FDNLLP also requires proposed developments to be assessed against policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). The proposed development is considered to accord with policy DSP 1 as the number of units accord with that stipulated in both policy NBE 38 and the associated SPG 08. The development accords with policy DSP 2 in that it is located in the rural investment area in the location of an established cluster outlined in SPG 08. The proposals are considered to accord with policy DSP 3 as the impact of the development is considered acceptable and will result in the improvement of the rural investment area by incorporating a high quality design of development and additional structural planting. Furthermore the proposed development would enhance the visual amenity of the wider area. With respect to policy DSP 4 it is considered that the proposed design of the dwellings are such that they will satisfactorily integrate with the countryside and as such accord with policy DSP 4. As such, the proposal accords with the emerging local plan.
Consultations:
8.12 The consultation response received from Transportation and their concerns regarding the proposed development are noted. However the policies contained in the NLLP and SPG 08 allow for new housing in such rural locations. Notwithstanding the principle of Transportation’s opposition to access from a remote rural road, the access and parking arrangements for the individual houses proposed is acceptable as detailed in paragraphs 8.9 above. In general, the remaining consultation responses received offer no objections and all issues raised can be addressed by suitable planning conditions and submission of further details.
9.
9.1 To conclude, the proposed development is contrary to both policies ENV 8 and HSG 11 of the Southern Area local Plan 2008, however the emerging North Lanarkshire Local Plan and its approved supplementary planning guidance SP 08 “Development in the Rural Investment Area” are given significant weight in this instance given the age of the current development plan and its alignment with current national planning guidance on development in the rural area. The development is considered to comply with the policy requirements of the Finalised Draft North Lanarkshire Local Plan and the approved SPG 08. The proposed development is therefore considered an acceptable departure from the adopted local plan and is recommended for approval subject to the conditions above.
21 Application No: Proposed Development:
11/00232/FUL Change of Use from Offices to Flatted Dwellings and Construction of Extension. Site Address:
4 Avon Walk Central Way Cumbernauld G67 1EQ
Date Registered:
4th March 201 1
Applicant: Agent: C.N.C Investments Ltd DPP LLP 23 Carron House Queens House Carron Way 29 St Vincent Place Cum bernauld Glasgow G67 2SA Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 003 Cumbernauld South No representation received. Danny Carrigan, William Goldie, William Homer, Gerald McElroy,
Recommendation: Approve Subject To Conditions
Reasoned Justification: Returning these units to their original use as flats in an area which has lain vacant will support the vitality and viability of the Town centre. The principle of the development is considered to be acceptable and will not impact negatively on the character or amenity of the surrounding uses and is therefore considered to be acceptable. In this respect the proposal complies with the adopted Cumbernauld Local Plan, 1993.
A planning agreement under Section 69 of the Local Government Act 1973 is required to secure the social housing contribution in respect of the Council’s Affordable Housing Policy
22 111002321FUL C.N.C Investments Ltd 4 Avon Wlk Central Mhv Cumbemauld A
23 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning Etc (Scotland) Act 2006.
2. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers: - 11147GLA01 and 09-05-03-01 to 09-05-03-06 (inclusive)
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To monitor the development, to enable the Planning Authority to retain effective control.
4. That within 4 weeks of the development becoming occupied, a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To monitor the development, to enable the Planning Authority to retain effective control.
NOTE TO COMMITTEE:
If the Committee accepts the above recommendation, the planning permission should not be issued until an agreement under Section 69 of the Local Government Act 1973 has been concluded with the applicant in respect of a commuted sum for affordable housing allocation.
Backaround Papers:
Representation Letters No representation received.
Consultation Responses:
Traffic and Transportation memorandum received 14'h April 201 1. Development Projects memorandum received April 201 1.
Contact Information:
Any person wishing to inspect these documents should contact Gordon Arthur at 01236 61 6475
Report Date:
10 th July 201 1
24 APPLICATION NO. 11/00232/FUL
REPORT
1. Site Description
1.1 This application seeks planning permission to return 35 small retaWcommercia1 units to 35 flats within phase one of the Town Centre mega structure, Avon Walk, Cumbernauld.
1.2 The site is 0.165 Ha in area and is located within Cumbernauld town centre. From ground level the site is bound on all sides by a mix of retail and commercial uses and the (A801 1) runs parallel. Avon walk sits 7 storeys above the lowest level of the town centre buildings, forming the highest part of phase 1 of the megastructure and was last used for a range of small commercial retail units which ceased operating in June 2008.
2. Proposed Development
2.1 The proposed development comprises flats, 35 units are proposed. Parking provision will be met by existing town centre parking. The proposed building style is fixed by the existing structure and the formation of an entrance lobby is the only external alteration proposed.
3. Applicant’s Supportina Information
3.1 A supporting planning statement has been provided by the applicant outlining the planning rationale behind the proposal.
4. Site History
4.1 Permission was previously granted in 1997 for similar proposal reference (97/76).
5. Development Plan
5.1 The proposed development raises no strategic issues and the application should be considered in relation to the Cumbernauld Local Plan. The principle policy for the site is SH1 (Central Cumbernauld).
6. Consultations
6.1 The following consultation responses have been received:
Traffic and Transportation has no objection to the application and stated that designated parking spaces should not be provided for the flats.
7. Representations
7.1 Following the standard neighbour notification process no letters of representation were received
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is of no strategic importance the relevant policies are contained in the Cumbernauld Local Plan 1993.
8.2 DeveloDment Plan: Adopted Cumbernauld Local Plan Local Plan 7993: The site is designated as SH1 (Central Cumbernauld) which aims to retain established shopping areas. This policy also supports redevelopment within Central Cumbernauld provided it is in accordance with other local plan policies. As the units were originally used as flats and permission was previously granted for a similar scheme (not implemented) in 1997, it is considered that the proposed residential use is compatible in principle and that the development can assessed against other material considerations. 8.3 Other Material Considerations: Final99 Draft North Lanarkshire Local Plan: The Finalised Draft North Lanarkshire Local Plan is a material consideration and the zoning of the site remains unchanged RTCI A Protecting the North Lanarkshire Centre Network, where the Council seeks to protect town centres as the continuing focus of retail, leisure, civic and community uses. Appropriate use classes include dwellings (Class 10). While it is considered that class 10 does not include flats the application complies with the emerging Local Plan in essence, due to the fixed architecture of the town centre structure. 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). Due to the flats in reverting to their original use and the fixed nature of the megastructure containing the flats, Policy DSP 1 and DSP2 are not relevant whilst DSP3 and DSP 4 will inform a Development Management assessment of the proposed development. With regards to DSP 3 it is not considered that the proposal will have adverse economic, social or environmental impacts. DSP 4 states that development will only be permitted when design is of a high standard. It is recognised that this application is for a change of use contained within the existing megastructure and, as such, the detail of the alterations associated with the development are exclusively internal and fixed by the structure. However, the re introduction of flats at this location will provide a basis for establishing a clear vision for the town centre site. For reasons relating to the assessment criteria, the policy is satisfied.
8.4 Amenity and design This section of the town centre is currently unoccupied and given that there are no significant external alterations to the structure, the reintroduction of flats would not compromise levels of amenity currently enjoyed by those using the upper levels of phase 1 of the Town Centre. While there is no scope for amenity open space with the proposal the applicant has proposed the improvement of roof top areas with hard landscaping to improve the outlook in particular areas visible from north facing windows.
8.5 Affordable Housing Policy On sites capable of accommodating 20 or more dwellings, the developer will normally be required to make on-site provision for 25% affordable dwellings integrated into the proposed development. Given the fixed physical nature of the megastructure in complying with this policy, agreement has been reached between the Council and the applicant to the commuted sum of f28,875.As such, policy HCF3 (assessing affordable housing development) has been complied with.
8.6 Entrance Extension This feature will lie within the undercroft of the existing town centre structure and as such the amenity impact will be limited due to its concealed nature.
8.7 Representation: No objections or representations were received.
8.8 Consultees: Traffic and Transportation advise that they had no objections subject to conditions and there being no dedicated parking for the development. In this case parking will be unallocated and future occupants of the flats will be provided with parking permits allowing them to park in one of the town centre car parks. This is considered to be acceptable.
9. Conclusions
9.1 Having regard to the foregoing, it is acknowledged that the proposal complies with the adopted Local Plan Policy for the site. It is also noted that the proposal complies with the emerging Local Plan. The development would integrate satisfactorily with the megastructure and it is considered that the proposed development would not unacceptably impact the on the town centre, indeed the reintroduction of residential properties to the town centre will assist in improving the vitality if the town centre. It is therefore recommended that the application be approved subject to the attached conditions.
26 Application No: Proposed Development:
1 1/00233/FUL Partial Demolition of Listed Building (former Bingo Hall to rear) and Redevelopment of the Remaining Building and Site for Flats and Mixed Use Development (including the Change of Use of the Listed Building to form 4 Units for Class 1 (retail), Class 2 (office) and Class 3 (food and Drink) on the ground floor with 5 flats on the first floor and Construction of a New Flatted Block containing 18 flats with associated parking and landscaping). Site Address:
2 -10 Hallcraig Street Town Centre Ai rdrie North Lanarkshire ML6 6AH
Date Registered:
16th March 201 1
Applicant: Agent: Raphael Properties Ltd D2 Planning Ltd C/o Agent 1st Floor 4 Stoke Lane Bristol BS9 3BL
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 008 Airdrie Central 0 letter(s) of representation received. George Devine, James Logue, David Stocks,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
It is considered that the reuse of and sensitive alterations to the C(s) Listed market building will secure its future use and will enhance the surrounding town centre. The new build contemporary flats are an ‘assertive contrast’ and their design, scale and massing are considered not to dominate the original building and are acceptable for the site and surrounding area. The proposal complies with the Monklands District Local Plan with respect to Listed Building and Conservation Area policies.
27 II~O~~~FUL Raphael PmpctkUd 2 -10 H8IICrSIQ sdrd TOWI Certhl3 Airdrle Partral DermlMonofLl&edBulldng (fom Blngo Hall toresr) and Rdardo& d the ReminingBuildng and Sisfor Flat6 and Yid Us? D evdapmnt (includirg thc Changc of i Use ofttm LiadBuildng to form 4 UniOe for aae6 1 $dailh Class =.&.=- L Cll..W 2 (Ma?)and Clsg 3 (food adDrink) m the gomdflmr with sc-~%r--m-CW.ll-nT =.-?+--k=sl,m"d Sfleteontbfirtdflmr endCm&uctionofa NewFIatted --L.-wE=Jh+."r .*I .-.--....';KwWIIYId.. E;;%;= Block mdaidng 18 flats with ac*rociatsdprldng and ladrapin@.
28 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: In the interests of the amenity of the listed building by seeking to ensure that works are commenced without undue delay.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 10-04-CSA-100 Rev 03 Ground Floor Proposed Plan, 10-04-CSA-101 Rev 02 First Floor Proposed Plan, 10-04-CSA-102 Rev 01 Second Floor Proposed Plan, 10-04-CSA-103 Rev 01 Third Floor Proposed Plan, 10-04-CSA-104 Rev 01 Fourth Floor & Roof Proposed Plans, 10-04-CSA-120 Rev 01 Proposed Listed Building Elevations, 10-04-CSA-121 Rev 03 Proposed North and North West Elevations, 10-04-CSA-122 Rev 01 Proposed Section & South Courtyard Elevation, 10-04-CSA-124 Proposed Sections & Elevations with Context, 10-04-CSA-125 Rev 01 Proposed Elevations - Shopfront Details & 10-04-CSA-125 Proposed Elevations - Shopfront Details 2.
Reason: To clarify the drawings on which this consent is founded.
3. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, or any future revised order, no development shall take place within the curtilage of the application site, other than that expressly authorised by this permission.
Reason: For the avoidance of doubt and in order to preserve the character, appearance and setting of the listed building and conservation area.
4. That BEFORE the development hereby permitted starts, full details of all external materials to be used for all alterations effecting the former market building, including the new shopfronts, and full details of all facing materials to be used on the external walls and roofs of the new build flatted development shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
5. For the avoidance of doubt and notwithstanding drawing no: 10-04-CSA-120 Rev 1 Proposed Listed Building Elevations, the timber sash and casement windows on the first floor of the market building shall be retained and renovated, unless otherwise agreed in writing by the Planning Authority. In the event the windows cannot be renovated the replacement windows shall replicate the existing windows in style, materials and method of opening.
Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
6. For the avoidance of doubt the slate roof of the market building shall be retained. Any new slates needed for repairs require to be agreed in writing by the Planning Authority.
Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
7. That BEFORE the development hereby permitted starts, full details of the design and location of all fences, walls and gates to be erected on the site shall be submitted to,
29 and approved in writing by the Planning Authority. Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
8. That BEFORE the development hereby permitted starts, full details of surface finishes for the parking and servicing areas, including the walkway under the canopy, shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects.
9. That BEFORE the development hereby permitted starts, a scheme of landscaping for the landscaped areas detailed on the approved plans shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, including strategic boundary planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (cl a timetable for the completion of these works contemporaneously with the development .
Reason: To enable the Planning Authority to consider these aspects.
10. That BEFORE occupation of the first residential unit, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 9 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the environmental amenity of the area.
11. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed footpaths; (b) the proposed parking and service areas; (c) the proposed lighting; (d) the proposed grassed, planted and landscaped areas; (e) the proposed boundary walls and fences.
Reason: In the interests of the environmental amenity of the area.
12. That BEFORE occupation of the first residential unit, the management and maintenance scheme approved under the terms of condition 11 shall be in operation.
Reason: In the interests of the environmental amenity of the area.
13. That BEFORE the development hereby permitted starts, The RCAHMS and the Scottish Cinemas and Theatres Project should be notified to allow them to record the building to be demolished including a possible decorative plaster ceiling, which may be concealed above the suspended ceiling. A copy of the record requires to be sent to The Theatres Trust.
Reason: To allow for the recording of the building to be demolished.
14. That BEFORE the development hereby permitted starts, a condition survey of the
30 original stonework of the market building shall be carried out and submitted to the Planning Authority. For the avoidance of doubt, if the stonework is in good condition the elevations should be restored to their original condition with the restoration details submitted in writing for the approval of the Planning Authority.
Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
25. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
26. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006
Backaround Paoers:
Representation Letters
None received
Consultation Responses:
Historic Scotland received 1lth April 201 1 The Theatres Trust received 26thApril 201 1 Scottish Civic Trust received 6thApril 201 1 Architectural Heritage Society Scotland received 7'h April 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 61 6463
Report Date:
10th July 201 1
31 APPLICATION NO. 11/00233/FUL
REPORT
1. Site Description
1.I The application site is a Category C(s) Listed building at 2 - 10 Hallcraig Street, Airdrie, located within Airdrie Town Centre. The original front portion of the building was constructed in 1856 by renowned local architect James Thomson and was originally the town market building and corn exchange. It is 2 storeys in height and is constructed of painted ashlar sandstone. The building has timber sash and casement windows and a slate roof.
1.2 The rear section of the building is a later addition thought to be constructed in the 1960’s. It is has a steel frame with felt roof and is considered to be of little architectural or visual merit.
1.3 The application site is located within the Victoria and Town Centre Conservation Area in a prominent position at the junction of Hallcraig Street and Mill Lane. Opposite the site is a small Council owned car park. The application building is located adjacent to a number of retail units, an undertakers and children’s nursery. To the rear of the site is a large area of steeply rising open space with a path leading up to the Council owned Hallcraig Street car park. The Airdrie Business Centre is located to the north of the building.
1.4 The market building and corn exchange were converted to cine-variety use in 1908, and the building was substantially altered in 1962 when it was converted for use as a bingo hall.
2. Proposed Development
2.1 The application involves the demolition of the later rear extension and its replacement with an ‘L‘ shaped contemporary block of 18 residential flats that step from 2 to 4 storeys in height. The proposed materials are a modern mix of brickwork and colour metal rain screen panels with perforated metal screens, balconies and metal railing details. The north corner of the flats proposes wrap around windows to take advantage of the views out over the Airdrie Business Centre and the open space at the rear.
2.2 The second element of the proposal is the retention and redevelopment of the original two storey market building to form retail, office and food & drink uses (Classes 1, 2 & 3) on the ground floor and the conversion of the first floor to form 5 residential flats. On the ground floor alterations including the installation of traditional shopfronts are proposed. The main south and south west elevations of the building will remain unaltered at first floor level and traditional residential proportioned windows and doors will be introduced to the north and north east elevations.
2.3 Car parking for 23 vehicles is proposed at ground floor level accessed via a pend from Mill Lane. Servicing for the retail units, cycle parking, a reception and post room, refuse store and landscaping are also proposed at ground floor level.
3. Applicant’s Sumortina Information
3.1 A Design and Access Statement was submitted in order to justify the demolition of the rear building and outline the design and access principles which have been applied to the proposal.
32 4. Site History
4.1 Relevant planning history is as follows:
0 10/00418/LBC Demolition of Rear Section of Listed Building Withdrawn 2gth April 2010 10/00419/FUL Change of Use from Former Bingo Hall to 10 Residential Units and External Alterations Withdrawn 2gthApril 2010 0 10/00392/LBC Alteration of Former Bingo Hall to form 10 Residential Units Withdrawn 2gthApril 2010 10/00393/LBC Construction of Two Flatted Blocks Comprising 18 Flats with Associated Access, Car Parking and Servicing Withdrawn 2gthApril 201 0 0 08/00186/FUL Part Change of Use of Bingo Hall to Public House and Restaurant Including Removal of and Part Re-instatement of Single Storey Extension Approved 1st April 2008 08/00185/LBC Part Change of Use of Bingo Hall to Public House and Restaurant Including Removal of and Part Re-instatement of Single Storey Extension Approved 7th April 2008
5. Development Plan
5.1 The proposed development raises no strategic issues and can therefore be considered in relation to the Monklands District Local Plan 1991.
5.2 Policies Env 17 ‘Protect Listed Buildings’ and Env 16 ’Consewation Area Improvements’ apply. Policy ECON 9 ‘Secondary Core Areas’ also covers the site and seeks to encourage a mixture of uses. Policy COM 4 ’Secondary (Retail) Core Areas’ also applies and supports shopping and related uses (Classes 1, 2 and 3).
6. Consultations
6.1 For completeness consultation comments received for either the planning or the listed building consent applications are regarded as comments for both applications. A summary of comments from all consultees is as follows:
6.2 Historic Scotland confirmed they have no comments to make on the proposal and that the Council should proceed to determine the application without further reference to them.
6.3 The Architectural Society of Scotland supports the reuse of the original market building and has no objection to the demolition of the later rear extension or the general massing of the new build. They do, however, raise concerns with the proposed materials, in particular the perforated metal at pedestrian level, balconies and roof levels and metal rain screen panelling.
6.4 Scottish Civic Trust does not object to the demolition of the later rear extension or conversion of the original building for mixed use. It states the building was formerly used as a cinema in the early 20th century and recommends that the Royal Commission on the Ancient and Historical Monuments for Scotland (RCAHMS) 8, The Scottish Cinemas and Theatres Project are given the opportunity to record the rear building prior to demolition. The Trust does however object to the replacement of ground floor domestic sized windows. It also has concerns that the new build flats are of a standard type which is inappropriate for the Victoria and Town Centre Conservation Area and that the material palette does not fit in with the surrounding area.
6.5 The Theatres Trust supports the demolition of the rear extension and highlights that a decorative plaster ceiling is concealed above the existing suspended ceiling. If the plaster ceiling cannot be incorporated into the new development it is requested that the RCAHMS and The Scottish Cinemas and Theatre Project should be allowed to
33 record it, and the remainder of the building, prior to demolition. The Trust also expresses concerns with the removal of the windows at ground floor level which it considers form part of the building’s historic character.
6.6 Traffic and Transportation has recommended the application be refused as there are concerns over the lack of footpath provision along the south side of Mill Lane and visibility concerns when exiting the car park vehicular access given the lack of footpath. Concerns were also raised about level of proposed parking provision. More minor issues relating to access width, gates, servicing and bin stores were also raised.
7. Rewesentations
7.1 No letters of representation have been received from the neighbour notification or press advertisement process.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is not of strategic importance the relevant policies are contained in the Monklands District Local Plan 1991.
8.2 Section 14(2) of the Town and country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, requires that in considering whether to grant listed building consent for any works, the planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it posses.
8.3 DeveloDment Plan: The Monklands District Local Plan 1999 has policies to protect and enhance Listed Buildings and Conservations Areas. Policy Env 17 ‘Protect Listed Buildings’ states the Council will not support the demolition of Listed Buildings and will encourage renovation and rebuilding wherever possible. It also states any alterations or additions which would affect the internal or external appearance will not be supported. Although the demolition of the later extension is technically contrary to Policy Env 17, none of the consultees have objected to its demolition as it is recognised the building has no special architectural or historic merit. Both The Architectural Society of Scotland and The Theatres Trust expressed concern about removing the domestic scale ground floor windows on the original market building and their replacement with shopfronts. Interestingly, photographic evidence from around 1911 showed the market building was occupied by retail units, thus the proposal is arguably a re-instatement than conversion. Through negotiation with the applicant the shopfronts have been designed to reflect the design and materials of traditional shopfronts, and it is therefore considered that the proposed alterations are acceptable and will not harm the character of the former market building. There have been no concerns raised about the scale or massing of the contemporary new build flats, however some consultees have issues with the design and material palette. The contemporary design is considered to be acceptable as it will not detract from the appearance of the original market building (see Section 8.5). Innovative design and materials are to be encouraged and are considered to be particularly appropriate for this site given the close proximity of the contemporary Airdrie Business Centre.
Policy Env 16 ‘Conservation Area Improvements’ is also of particular relevance in the assessment of this application and encourages the re-use of vacant buildings. It also outlines the importance of paying particular regard to maintaining and enhancing the character of the building and surrounding buildings. The policy also has a general presumption against the demolition of potentially useful buildings. The proposal is supported by Policy Env 16 in that it involves the re-use of an attractive traditional building which has been vacant for a number of years. The alterations to the original market building are considered to be architecturally sensitive and will compliment the
34 building. Although the policy does not support demolition, it has been accepted that the later extension is of no merit and will not lend itself well to conversion. The redevelopment of that part of the site will result in a contemporary development that satisfactorily ties in with the original market building and the surrounding area.
The proposal complies with Policy ECON 9 ‘Secondary Core Areas’ which supports a mixture of uses and Policy COM 4 ‘Secondary (Retail) Core Areas’ which supports shopping and related uses (Classes 1,2 and 3).
8.4 Other Materials Considerations: Finalised Draft North Lanarkshire Local Plan: Policy NBE 1B2c Built Environment, Listed Buildings states the layout, design, materials, scale, siting and use shall be appropriate to the character and appearance of the listed building and its setting. There is also a presumption against demolition (unless the building is not of special interest) or works that adversely affect the listed building. Policy NBE 1B3a Built Environment, Conservation Areas states the development shall be appropriate to the character of the conservation area and its setting. There is a presumption against demolition of buildings that contribute positively to the character of the conservation area. For reasons detailed in 8.2 and 8.3 above it is considered that the proposed development complies with these aspects of the emerging local plan.
Policy RTC 1A Town Centres seeks to protect town centre areas by focussing on acceptable retail, leisure and community uses. The proposed Class 1 (Shops), Class 2 (Financial, Professional and other Services) and Class 3 (Food and Drink) uses are all acceptable under this policy.
All development proposals are subject to assessment against Development Strategy Policies DSP 1, DSP 2, DSP3 and DSP 4. The proposal is compliant with Policy DSP1 B which is for potential additions to planned land supplies. Policy DSP2 B Location of Development is also met as the proposal will safeguard the vitality and viability of the town centre. The proposal is also consistent with Policy DSP 3 Impact of Development as it will result in an economic benefit for the town centre. Policy DSP 4 Quality of Development is the most appropriate policy and seeks high standards of site planning sustainable design. The submitted Design and Access Statement and the cross section context details have greatly assisted with assessing the proposal. For the reasons stated in Section 8.5 below, the proposal is considered to be of a high quality, with a contemporary design, scale, massing and material palette that sits comfortably into its surroundings, and as such complies with policy DSP 4.
8.5 Demolition of Extension and New Build Flats Design & Materials: As outlined in Section 8.3 above, demolition of the later extension is justifiable as it is not of any historic or architectural merit and doing so would not be detrimental to the remaining listed building.
The new build flatted element of the proposal requires careful consideration given its contemporary design, scale and massing. It is of the upmost importance that the flats do not overpower or dominate the listed market building and that they are acceptable for the wider area. In terms of the design, massing and scale it is considered that the bridging element linking the original market building with the flats has been sensitively designed. Furthermore, the central transitional element which is 12 metres in height, the same height as the listed market building, is also considered to be sensitively designed as the bridging element sets it back from the market building. The 14 metre high ‘corner unit’ manages to sit comfortably into its surroundings due to the steeply rising adjacent open space which adequately accommodates the height and massing of the new build flats. Furthermore, the Airdrie Business Centre north of the site is of a similar height and massing to the proposed flats and it sits well within the context of the open space. Therefore the new build flats neither dominate or overpower the listed building and sit comfortably into its surroundings, and are thus considered to be acceptable in terms of their design, scale and massing. The modern materials are also considered to be appropriate as they tie in with the contemporary design and are
35 viewed as an acceptable contrast to the traditional market building.
Conversion of and Alterations to Original Market Building: The proposed Class 1, 2 & 3 uses on the ground floor and conversion of the first floor to residential units are acceptable for a town centre site. The proposal will secure the long term future of this locally important building and will enhance the surrounding town centre area.
The scale, design and positioning of the proposed residential windows and doors on the first floor of the less architecturally important north and north east elevations of the building are considered to acceptable. The proposed ground floor timber shopfronts have been sensitively designed to replicate traditional shopfronts (vertical proportions, recessed doors, storm doors) and are considered to be both acceptable for the listed market building and the surrounding town centre.
8.6 Traffic & Transportation Issues: Serious concerns have been raised with the proposal as there is no footpath provision for pedestrians on the south side of Mill Lane. Furthermore, concern has also been expressed regarding poor visibility of drivers when exiting the development onto Mill Lane given the lack of footpath provision. Finally, it has been highlighted that the parking provision should be 42 spaces instead of the 23 spaces proposed. It is accepted that the parking provision is deficient; however, this is a town centre site with good links to the public transport network. Two public car parks are located adjacent to site, although parking will be charged for in the future. Given the aforementioned, the 23 spaces proposed is considered to be an acceptable level of parking provision for a town centre site, allowing each household (including the 5 flats in the market building) one car.
The lack of footpath provision is not considered to be a reason in itself for recommending refusal of the application. No footpath currently exists on the south side of Mill Lane and the proposal allows for pedestrian access from 2 points at Hallcraig Street, which is serviced by a wide footpath. Two further pedestrian access points are proposed on Mill Lane, one of which is at the reception and post room and is accessed via a paved area off Mill Lane. The visibility concerns are also not considered to be serious enough given Mill Lane is not a major town centre road, only serving the proposed development, the adjacent small council owned car park and parkinghervicing areas behind a number of shops and flats on the east side of South Bridge Street. Given the characteristics and usage of Mill Lane vehicles exiting the proposed development are unlikely to encounter fast moving traffic or cause a hazard for road users. Furthermore, the addition of a two metre wide footpath would dilute the striking design of the flats and would have a detrimental impact on the parking provision and servicing arrangements of the proposed development.
Other concerns relating to the width and height of the pend access, the position of a gate at the pend, servicing of the retail units and refuse doors opening on to Mill Lane have been adequately dealt with and the proposal amended accordingly during the processing of the application.
9 Conclusions
9.1 It is considered that this is a well thought scheme which will secure the future use of the locally important C(s) Listed market building and will enhance the surrounding town centre. The proposed alterations to the market building are architecturally sensitive and are considered to be acceptable. The new build contemporary flats are an ‘assertive contrast’ and their careful design, scale and massing are considered not to dominate the original building and are acceptable for the site and surrounding area. The proposal complies with the Monklands District Local Plan with respect to listed building and conservation area policies, and as such it is recommended that planning permission be approved.
36 Application No: Proposed Development:
11 /00248/LBC Partial Demolition of Building Containing Former Bingo Hall (Listed Building) and Redevelopment of the Remaining Section of Building and Site for Residential and Mixed Use Development (Including the Change of Use to Form 4 Retail, Office and Food/ Drink Units on the Ground Floor with 5 Residential Flats on the First Floor plus the Construction of a New Residential Block (Containing 18 Flats) with Associated Parking and Landscaping) Site Address:
2-10 Hallcraig Street Town Centre Airdrie North Lanarkshire ML6 6AH
Date Registered:
9th March 201 1
Applicant: Agent: Raphael Properties Ltd D2 Planning Ltd C/o Agent 1st Floor 4 Stoke Lane Bristol BS9 3BL
Application Level: Contrary to Development Plan: Other Application Level No
Ward: Representations: 008 Airdrie Central 0 letter(s) of representation received. George Devine, James Logue, David Stocks,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
It is considered that the reuse of and sensitive alterations to the C(s) Listed market building will secure its future use and will enhance the surrounding town centre. The new build contemporary flats are an ‘assertive contrast’ and their design, scale and massing are considered not to dominate the original building and are acceptable for the site and surrounding area. The proposal complies with the Monklands District Local Plan with respect to Listed Building and Conservation Area policies.
37 11#0248n8C Raphed PropertiesUd 2 -10 HallcraigStrd TmCartre #rdrie Partial Demrlition of Listed Euildng (ibm Bingo Hall to rear) and Redeuelom dthe RmirringEuildng and Sitefor Flats and Yxed Use Development (including the Change of i Use ofthe Listed Euildngto form 4 Unitsfa aass 1 Qdail), Class =*$A.=- c Lll.T3. ir..,, 2 (IX~IF~)and Class 3 (food and Drink) an the gomdflmr Hith --,--.*..LCLdh m--x~- 5flatsonthefirstflmr andCmdmctionofa NewFlatted ~d,tu.Pk"~w-.", ~~~~-----I..-.I Block cortaining18 flats Hith associated prldng and landscaping). k* =&Zs%i*- :z:;,d Proposed Conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: In the interests of the amenity of the listed building by seeking to ensure that works are commenced without undue delay.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- 10-04-CSA-100 Rev 03 Ground Floor Proposed Plan, 10-04-CSA-101 Rev 02 First Floor Proposed Plan, 10-04-CSA-102 Rev 01 Second Floor Proposed Plan, 10-04-CSA-103 Rev 01 Third Floor Proposed Plan, 10-04-CSA-104 Rev 01 Fourth Floor & Roof Proposed Plans, 10-04-CSA-120 Rev 01 Proposed Listed Building Elevations, 10-04-CSA-121 Rev 03 Proposed North and North West Elevations, 10-04-CSA-122 Rev 01 Proposed Section & South Courtyard Elevation 10-04-CSA-124 Proposed Sections & Elevations with Context, 10-04-CSA-125 Rev 01 Proposed Elevations - Shopfront Details & 10-04-CSA-125 Proposed Elevations - Shopfront Details 2.
Reason: To clarify the drawings on which this consent is founded.
3. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, or any future revised order, no development shall take place within the curtilage of the application site, other than that expressly authorised by this permission.
Reason: For the avoidance of doubt and in order to preserve the character, appearance and setting of the listed building and conservation area.
4. That BEFORE the development hereby permitted starts, full details of all external materials to be used for all alterations effecting the former market building, including the new shopfronts, and full details of all facing materials to be used on the external walls and roofs of the new build flatted development shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
5. For the avoidance of doubt and notwithstanding drawing no: 10-04-CSA-120 Rev 1 Proposed Listed Building Elevations, the timber sash and casement windows on the first floor of the market building shall be retained and renovated, unless otherwise agreed in writing by the Planning Authority. In the event the windows cannot be renovated the replacement windows shall replicate the existing windows in style, materials and method of opening.
Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
6. For the avoidance of doubt the slate roof of the market building shall be retained. Any new slates needed for repairs require to be agreed in writing by the Planning Authority.
Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
7. That BEFORE the development hereby permitted starts, full details of the design and location of all fences, walls and gates to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.
Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
39 8. That BEFORE the development hereby permitted starts, full details of surface finishes for the parking and servicing areas, including the walkway under the canopy, shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects.
9. That BEFORE the development hereby permitted starts, a scheme of landscaping for the landscaped areas detailed on the approved plans shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, including strategic boundary planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) a timetable for the completion of these works contemporaneously with the development.
Reason: To enable the Planning Authority to consider these aspects.
10. That BEFORE occupation of the first residential unit, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 9 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the environmental amenity of the area.
11. That BEFORE the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed footpaths; (b) the proposed parking and service areas; (c) the proposed lighting; (d) the proposed grassed, planted and landscaped areas; (e) the proposed boundary walls and fences.
Reason: In the interests of the environmental amenity of the area.
12. That BEFORE occupation of the first residential unit, the management and maintenance scheme approved under the terms of condition 11 shall be in operation.
Reason: In the interests of the environmental amenity of the area.
13. That BEFORE the development hereby permitted starts, The RCAHMS and the Scottish Cinemas and Theatres Project should be notified to allow them to record the building to be demolished including a possible decorative plaster ceiling, which may be concealed above the suspended ceiling. A copy of the record requires to be sent to The Theatres Trust.
Reason: To allow for the recording of the building to be demolished.
14. That BEFORE the development hereby permitted starts, a condition survey of the original stonework of the market building shall be carried out and submitted to the Planning Authority. For the avoidance of doubt, if the stonework is in good condition the elevations should be restored to their original condition with the restoration details submitted in writing for the approval of the Planning Authority.
40 Reason: In the interests of the character, appearance and setting of the listed building and conservation area.
Backaround Papers:
Representation Letters:
None received
Consultation Responses:
Historic Scotland received 11 th April 201 1 The Theatres Trust received 26Ih April 201 1 Scottish Civic Trust received 6'h April 201 1 Architectural Heritage Society Scotland received 7Ih April 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mrs Kirsten Devlin at 01236 61 6463
Report Date:
10th July 201 1
41 APPLICATION NO. 11/00248/LBC REPORT
1. Site Description
1.1 The application site is a Category C(s) Listed building at 2 - 10 Hallcraig Street, Airdrie, located within Airdrie Town Centre. The original front portion of the building was constructed in 1856 by renowned local architect James Thomson and was originally the town market building and corn exchange. It is 2 storeys in height and is constructed of painted ashlar sandstone. The building has timber sash and casement windows and a slate roof.
1.2 The rear section of the building is a later addition thought to be constructed in the 1960’s. It is has a steel frame with felt roof and is considered to be of little architectural or visual merit.
1.3 The application site is located within the Victoria and Town Centre Conservation Area in a prominent position at the junction of Hallcraig Street and Mill Lane. Opposite the site is a small Council owned car park. The application building is located adjacent to a number of retail units, an undertakers and children’s nursery. To the rear of the site is a large area of steeply rising open space with a path leading up to the Council owned Hallcraig Street car park. The Airdrie Business Centre is located to the rear of the building.
1.4 The market building and corn exchange were converted to cine-variety use in 1908, and the building was substantially altered in 1962 when it was converted for use as a bingo hall.
2. Proposed Development
2.1 The application involves the demolition of the later rear extension and its replacement with an ‘L’ shaped contemporary block of 18 residential flats that step from 2 to 4 storeys in height. The proposed materials are a modern mix of brickwork and colour metal rain screen panels with perforated metal screens, balconies and metal railing details.
2.2 The second element of the proposal is the retention and redevelopment of the original two storey market building to form retail, office and food & drink uses (Classes 1, 2 & 3) on the ground floor and the conversion of the first floor to form 5 residential flats. On the ground floor alterations including the installation of traditional shopfronts are proposed. The main south and south west elevations of the building will remain unaltered at first floor level and traditional residential proportioned windows and doors will be introduced to the north and north east elevations.
2.3 Car parking for 23 vehicles is proposed at ground floor level accessed via a pend from Mill Lane. Servicing for the retail units, cycle parking, a reception and post room, refuse store and landscaping are also proposed at ground floor level.
3. Applicant’s Supportinu Information
3.1 A Design and Access Statement was submitted in order to justify the demolition of the rear building and outline the design and access principles which have been applied to the proposal.
4. Site Historv
4.1 Relevant planning history is as follows:
42 0 10/00418/LBC Demolition of Rear Section of Listed Building Withdrawn 2gth April 201 0 0 10/00419/FUL Change of Use from Former Bingo Hall to 10 Residential Units and External Alterations Withdrawn 2gthApril 201 0 0 10/00392/LBC Alteration of Former Bingo Hall to form 10 Residential Units Withdrawn 2gih April 2010 0 10/00393/LBC Construction of Two Flatted Blocks Comprising 18 Flats with Associated Access, Car Parking and Servicing Withdrawn 2gih April 2010 08/00186/FUL Part Change of Use of Bingo Hall to Public House and Restaurant Including Removal of and Part Re-instatement of Single Storey Extension Approved 1“ April 2008 0 08/00185/LBC Part Change of Use of Bingo Hall to Public House and Restaurant Including Removal of and Part Re-instatement of Single Storey Extension Approved 7th April 2008
5. Development Plan
5.1 The proposed development raises no strategic issues and can therefore be considered in relation to the Monklands District Local Plan 1991.
5.2 Policies Env 17 ‘Protect Listed Buildings’ and Env 16 ‘Conservation Area Improvements’ apply. Policy ECON 9 ‘Secondary Core Areas’ also covers the site and seeks to encourage a mixture of uses. Policy COM 4 ‘Secondary (Retail) Core Areas’ also applies and supports shopping and related uses (Classes 1, 2 and 3).
6. Consultations
6.1 For completeness consultation comments received for either the planning or the listed building consent applications are regarded as comments for both applications. A summary of comments from all consultees is as follows:
6.2 Historic Scotland confirmed they have no comments to make on the proposal and that the Council should proceed to determine the application without further reference to them.
6.3 The Architectural Society of Scotland supports the reuse of the original market building and has no objection to the demolition of the later rear extension or the general massing of the new build. They do, however, raise concerns with the proposed materials, in particular the perforated metal at pedestrian level, balconies and roof levels and metal rain screen panelling.
6.4 Scottish Civic Trust does not object to the demolition of the later rear extension or conversion of the original building for mixed use. It states the building was formerly used as a cinema in the early 20ih century and recommends that the Royal Commission on the Ancient and Historical Monuments for Scotland (RCAHMS) & The Scottish Cinemas and Theatres Project are given the opportunity to record the rear building prior to demolition. The Trust does however object to the replacement of ground floor domestic sized windows. It also has concerns that the new build flats are of a standard type which is inappropriate for the Victoria and Town Centre Conservation Area and that the material palette does not fit in with the surrounding area.
6.5 The Theatres Trust supports the demolition of the rear extension and highlights that a decorative plaster ceiling is concealed above the existing suspended ceiling. If the plaster ceiling cannot be incorporated into the new development it is requested that the RCAHMS and The Scottish Cinemas and Theatre Project should be allowed to record it, and the remainder of the building, prior to demolition. The Trust also
43 expresses concerns with the removal of the windows at ground floor level which it considers form part of the building’s historic character.
6.6 Traffic and Transportation has recommended the application be refused as there are concerns over the lack of footpath provision along the south side of Mill Lane and visibility concerns when exiting the car park vehicular access given the lack of footpath. Concerns were also raised about level of proposed parking provision. More minor issues relating to access width, gates, servicing and bin stores were also raised.
7 Rewesentat ions
7.1 No letters of representation have been received from the neighbour notification or press advertisement process.
8 Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is not of strategic importance the relevant policies are contained in the Monklands District Local Plan 1991.
8.2 Section 14(2) of the Town and country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, requires that in considering whether to grant listed building consent for any works, the planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it posses.
8.3 DeveloRment Plan: The Monklands District Local Plan 1999 has policies to protect and enhance Listed Buildings and Conservations Areas. Policy Env 17 ‘Protect Listed Buildings’ states the Council will not support the demolition of Listed Buildings and will encourage renovation and rebuilding wherever possible. It also states any alterations or additions which would affect the internal or external appearance will not be supported. Although the demolition of the later extension is technically contrary to Policy Env 17, none of the consultees have objected to its demolition as it is recognised the building has no special architectural or historic merit. Both The Architectural Society of Scotland and The Theatres Trust expressed concern about removing the domestic scale ground floor windows on the original market building and their replacement with shopfronts. Interestingly, photographic evidence from around 191 1 showed the market building was occupied by retail units, thus the proposal is arguably a re-instatement than conversion. Through negotiation with the applicant the shopfronts have been designed to reflect the design and materials of traditional shopfronts, and it is therefore considered that the proposed alterations are acceptable and will not harm the character of the former market building. There have been no concerns raised about the scale or massing of the contemporary new build flats, however some consultees have issues with the design and material palette. The contemporary design is considered to be acceptable as it will not detract from the appearance of the original market building (see Section 8.5). Innovative design and materials are to be encouraged and are considered to be particularly appropriate for this site given the close proximity of the contemporary Airdrie Business Centre.
Policy Env 16 ‘Conservation Area Improvements’ is also of particular relevance in the assessment of this application and encourages the re-use of vacant buildings. It also outlines the importance of paying particular regard to maintaining and enhancing the character of the building and surrounding buildings. The policy also has a general presumption against the demolition of potentially useful buildings. The proposal is supported by Policy Env 16 in that it involves the re-use of an attractive traditional building which has been vacant for a number of years. The alterations to the original market building are considered to be architecturally sensitive and will compliment the
44 building. Although the policy does not support demolition, it has been accepted that the later extension is of no merit and will not lend itself well to conversion. The redevelopment of that part of the site will result in a contemporary development that satisfactorily ties in with the original market building and the surrounding area.
The proposal complies with Policy ECON 9 ‘Secondary Core Areas’ which supports a mixture of uses and Policy COM 4 ‘Secondary (Retail) Core Areas’ which supports shopping and related uses (Classes 1, 2 and 3).
8.4 Other Materials Considerations: Finalised Draft North Lanarkshire Local Plan: Policy NBE 1B2c Built Environment, Listed Buildings states the layout, design, materials, scale, siting and use shall be appropriate to the character and appearance of the listed building and its setting. There is also a presumption against demolition (unless the building is not of special interest) or works that adversely affect the listed building. Policy NBE 1B3a Built Environment, Conservation Areas states the development shall be appropriate to the character of the conservation area and its setting. There is a presumption against demolition of buildings that contribute positively to the character of the conservation area. For reasons detailed in 8.2 and 8.3 above it is considered that the proposed development complies with these aspects of the emerging local plan.
Policy RTC 1A Town Centres seeks to protect town centre areas by focussing on acceptable retail, leisure and community uses. The proposed Class 1 (Shops), Class 2 (Financial, Professional and other Services) and Class 3 (Food and Drink) uses are all acceptable under this policy.
All development proposals are subject to assessment against Development Strategy Policies DSP 1, DSP 2, DSP3 and DSP 4. The proposal is compliant with Policy DSP1 B which is for potential additions to planned land supplies. Policy DSP2 B Location of Development is also met as the proposal will safeguard the vitality and viability of the town centre. The proposal is also consistent with Policy DSP 3 Impact of Development as it will result in an economic benefit for the town centre. Policy DSP 4 Quality of Development is the most appropriate policy and seeks high standards of site planning sustainable design. The submitted Design and Access Statement and the cross section context details have greatly assisted with assessing the proposal. For the reasons stated in Section 8.5 below, the proposal is considered to be of a high quality, with a contemporary design, scale, massing and material palette that sits comfortably into its surroundings, and as such complies with policy DSP 4.
8.5 Demolition of Extension and New Build Flats Design &? Materials: As outlined in Section 8.3 above, demolition of the later extension is justifiable as it is not of any historic or architectural merit and doing so would not be detrimental to the remaining listed building.
The new build flatted element of the proposal requires careful consideration given its contemporary design, scale and massing. It is of the upmost importance that the flats do not overpower or dominate the listed market building and that they are acceptable for the wider area. In terms of the design, massing and scale it is considered that the bridging element linking the original market building with the flats has been sensitively designed. Furthermore, the central transitional element which is 12 metres in height, the same height as the listed market building, is also considered to be sensitively designed as the bridging element sets it back from the market building. The 14 metre high ‘corner unit’ manages to sit comfortably into its surroundings due to the steeply rising adjacent open space which adequately accommodates the height and massing of the new build flats. Furthermore, the Airdrie Business Centre north of the site is of a similar height and massing to the proposed flats and it sits well within the context of the open space. Therefore the new build flats neither dominate or overpower the listed building and sit comfortably into its surroundings, and are thus considered to be acceptable in terms of their design, scale and massing. The modern materials are also considered to be appropriate as they tie in with the contemporary design and are viewed as an acceptable contrast to the traditional market building.
45 Conversion of and Alterations to Original Market Building: The proposed Class 1, 2 &. 3 uses on the ground floor and conversion of the first floor to residential units are acceptable for a town centre site. The proposal will secure the long term future of this locally important building and will enhance the surrounding town centre area.
The scale, design and positioning of the proposed residential windows and doors on the first floor of the less architecturally important north and north east elevations of the building are considered to acceptable. The proposed ground floor timber shopfronts have been sensitively designed to replicate traditional shopfronts (vertical proportions, recessed doors, storm doors) and are considered to be both acceptable for the listed market building and the surrounding town centre.
8.6 Traffic & Transportation Issues: Serious concerns have been raised with the proposal as there is no footpath provision for pedestrians on the south side of Mill Lane. Furthermore, concern has also been expressed regarding poor visibility of drivers when exiting the development onto Mill Lane given the lack of footpath provision. Finally, it has been highlighted that the parking provision should be 42 spaces instead of the 23 spaces proposed. It is accepted that the parking provision is deficient; however, this is a town centre site with good links to the public transport network. Two public car parks are located adjacent to site, although parking will be charged for in the future. Given the aforementioned, the 23 spaces proposed is considered to be an acceptable level of parking provision for a town centre site, allowing each household (including the 5 flats in the market building) one car.
The lack of footpath provision is not considered to be a reason in itself for recommending refusal of the application. No footpath currently exists on the south side of Mill Lane and the proposal allows for pedestrian access from 2 points at Hallcraig Street, which is serviced by a wide footpath. Two further pedestrian access points are proposed on Mill Lane, one of which is at the reception and post room and is accessed via a paved area off Mill Lane. The visibility concerns are also not considered to be serious enough given Mill Lane is not a major town centre road, only serving the proposed development, the adjacent small council owned car park and parkingkervicing areas behind a number of shops and flats on the east side of South Bridge Street. Given the characteristics and usage of Mill Lane vehicles exiting the proposed development are unlikely to encounter fast moving traffic or cause a hazard for road users. Furthermore, the addition of a two metre wide footpath would dilute the striking design of the flats and would have a detrimental impact on the parking provision and servicing arrangements of the proposed development.
Other concerns relating to the width and height of the pend access, the position of a gate at the pend, servicing of the retail units and refuse doors opening on to Mill Lane have been adequately dealt with and the proposal amended accordingly during the processing of the application.
9 Conclusions
9.1 It is considered that this is a well thought scheme which will secure the future use of the locally important C(s) Listed market building and will enhance the surrounding town centre. The proposed alterations to the market building are architecturally sensitive and are considered to be acceptable. The new build contemporary flats are an ‘assertive contrast’ and their careful design, scale and massing are considered not to dominate the original building and are acceptable for the site and surrounding area. The proposal complies with the Monklands District Local Plan with respect to listed building and conservation area policies, and as such it is recommended that Listed Building Consent be approved.
46 i
Application No: Proposed Development:
11/00235/PPP Construction and Relocation of Industrial PremisesNVorkshop and Construction of 10 Dwellinghouses and (In Principle)
Site Address:
Land West Of 73 Greengairs Road Greengairs
Date Registered:
21 st March 201 1
Applicant: Agent: William Shanks Construction SJK Architecture 139 Greengairs Road Watchbell Cottage Wattston 85 Greengairs Road Airdrie Wattston ML6 7SY Airdrie ML6 7SY
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 007 Airdrie North 2 letters of representation received. Campbell Cameron, Sophia Coyle, James McGuigan, Thomas Morgan
Recommendation: Approve Subject to Conditions
Reasoned Justification:
Whilst contrary to the Glasgow and the Clyde Valley Joint Structure Plan 2000 incorporating the 4'h alteration 2008, the Monklands District Local Plan 1991, by virtue of Green Belt Policy, and exceeding the relevant thresholds for new development within a Rural Investment Area as defined in the emerging North Lanarkshire Local Plan, the proposed development does take some support from it's location in the Rural Investment Area, particularly in light of Scottish Planning Policy for such areas. The development can be justified as having a specific locational need, will contribute towards local economic and environmental benefits, and can be accommodated with an acceptable level of impacts in the local environment. In this instance, there are material considerations that carry sufficient weight to support the application.
Legal Agreement:
No planning permission should be issued until a Legal Agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 has been finalised which ensures that on completion of the industrial element of this proposal and before occupation of any dwellinghouses, the applicant shall relocate all existing businesses and operations to the new premises. Once relocated, the existing valid planning permission for the original site
47 (08/00516/FUL) shall be revoked without compensation and no further use, lease or sale of that site shall be permitted allowing any operation under Classes 4, 5 or 6 of the The Town and Country Planning (Use Classes) (Scotland) Order 1997. The Legal Agreement would also ensure that the existing yard area to the east of the application site (but in the ownership of the applicant) is converted to a paddock for the applicant's horses. The purpose of this Legal Agreement is to ensure that the environmental benefits promoted through the application are realised. Any future use of the existing site would thereafter be subject to consideration of a formal planning application.
Backaround Papers:
Representation Letters Online comments from Mrs Janet Smith, 5 Glenburn Close, Greengairs, ML6 7SN dated loth April 201 1 Online comments from Mr Colin Barclay, 4 Glenburn Close, Greengairs, ML6 7UQ, dated 1lth April 201 1.
Consultation Responses:
Letter from Scottish Water received 5'h July 201 1 Letter from Scotland Gas Networks received lgthMay 2010 (from previous application) Letter from SEPA received 7'h April 201 1 Memo from Greenspace Services received 13'h April 201 1 Memo from Protective Services received 2gthMarch 201 1 Memo from Traffic and Transportation received 21" April 201 1 Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Liddell at 01236 61 6437
Report Date:
1lth July 201 1
48 Ilrm235/PPP ~-ZZ~=~fis-."-.mm Wham Shanks Condruction :*e---= -%- Land West of 73 Greengairs Road Greengairs -.--.-Y.L.III.x-YI = ---*I=- Construction of 10 Dwellinghouses 8. Relocation of Exishng Workshop (In Pnncipal) * Representation
49 Proposed Conditions:-
1. That before the development hereby permitted starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters specified in conditions:- (a) the siting, design and external appearance of the proposed industrial building, dwellinghouses and other structures; (b)the means of access to the site; (c)the layout of the site parking provision to the Council’s standards (d)the details of the hard and soft landscaping of the site; (e)the design and location of all boundary walls and fences; (f)details of existing and proposed site levels;
Reason: To enable the Planning Authority to consider these aspects in detail.
2. That within three years of the date of this permission, an application for approval of the matters specified in condition, 1 above, shall be made to the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That the development hereby permitted shall be started, either within five years of the date of this permission, or within two years of the date on which the last of the matters specified by condition are approved, whichever is the later.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by Planning Etc (Scotland) Act 2006.
4. That notwithstanding the details illustrated on the approved indicative site plan, no planning consent is hereby granted for that layout (which serves to demonstrate how a layout may be accommodated) or specific number of dwellinghouses. The actual layout and final number of dwellinghouses will be determined through assessment of full details and through compliance with the conditions of this consent.
Reason: To ensure a satisfactory layout is determined via full and proper consideration of matters specified in conditions.
5. Notwithstanding the terms of condition 1 above, before any development starts a phasing scheme that specifies the order that all elements of the site will be implemented (including the industrial, residential, access and infrastructure elements, as well as the relocation of the existing businesses to the new premises, and cessation of all existing operations from the original site, and the restoration of the previous yard area to horse grazing) shall be submitted to and approved in writing by the Planning Authority. This shall ensure that the industrial element and relocation of the businesses, cessation of operations from the original site, and restoration of land is carried out before any residential element is commenced. Development shall thereafter take place only in accordance with the approved phasing scheme unless otherwise agreed in writing with the Planning Authority
Reason: To ensure the proper phasing of the development in light if the terms of this consent, to ensure the principle of the scheme is adhered to, and to ensure the environmental benefits to be gained from the relocation are realised.
6. Notwithstanding the terms of condition 1 above, before any development starts full details of the proposed junction and access into the site shall be submitted to and approved in writing by the Planning Authority.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
50 7. Notwithstanding the terms of condition 1 above, the layout shall satisfactorily achieve Council Standards in respect to garden ground, relationship with other properties and internal road layout, shall take account of local and national policy and guidance on housing layouts, shall be of a high architectural standard with layout, design, materials and house types to reflect the rural character of the area. The housetypes shall be a maximum of 1 1/2 storeys (8 metres in height) and traditional in character
Reason: To ensure an appropriate standard of development in light of the special circumstances of this proposal.
8. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.
Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future users of the site.
9. That any remediation works identified by the site investigation required in terms of Condition 8, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.
Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future site users.
10. Notwithstanding the terms of condition 1 above, before any development starts, it shall be demonstrated to the Planning Authority that foul drainage can be connected to the public sewer, including confirmation that Scottish Water are satisfied with the proposed drainage system, unless such other scheme can firstly be agreed in writing with the Planning Authority, in consultation with SEPA.
Reason: To ensure that foul drainage is satisfactorily dealt with within the site.
11. Notwithstanding the terms of condition 1 above, before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with appropriate SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
12. That the SUDS compliant surface water drainage scheme approved in terms of Condition 11 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance.
Reason: To safeguard adjacent watercourses and groundwater from pollution.
13. Notwithstanding the terms of condition 1 above, the scheme of landscaping shall include:-
51 (a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted. For the avoidance of doubt this shall include strong structural boundary planting with a minimum depth of 10 metres around the west, north and east boundaries of the site; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development; (d) Demonstration of how the scheme of public footpath access shall be incorporated into the landscape; (e) Details of the proposed restoration of the existing yard area to the east, under the ownership of the applicant; (f) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site
Thereafter, the proposed landscaping shall be carried out in accordance with the terms of this condition.
Reason: In the interests of the visual amenity of the area.
14. Notwithstanding the terms of condition 1 above, any application for matters specified in condition, relating to the design, location and configuration of the proposed industrial building shall be accompanied by an updated Noise Assessment, demonstrating that any impact on nearby residential properties will be kept within acceptable levels.
Reason: In the interest of the amenity of the area.
15. Notwithstanding the terms of condition 1 above, the recommendations for the Ecological Report dated April 2011 by Ecology Surveys Ltd shall be adhered to in full. If no development starts within 1 year from the date of this consent, an updated survey shall be carried out in order to establish any new implications in respect to protected species, and thereafter no development shall start until any identified mitigation has been carried out.
Reason: In order that any implications in respect to species protected under statute are taken into account.
16. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
17. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
52 APPLICATION NO. 11/00235/PPP
REPORT
1. Site Description
1.I The application site comprises a little under 2 hectares of land to the west and north of Greengairs Road, Wattston. Specifically, the site extends beyond numbers 73 to 105 Greengairs Road and consists mainly of open agricultural land, with some trees and bushes around the periphery. The applicant owns a further area of open land to the north separated by a band of trees, while his existing premises and an area of extended yard space and storage building is located to the east.
1.2 The site generally rises in level, following the line of the proposed access to the west of 73 Greengairs Road, and thereafter begins to decline to the north. A line of overhead cables crosses the site in an east-west direction and a telecommunications mast is located beyond the north-west corner. The nearest dwellinghouses, directly to the south are predominantly single and 1 1/2 storey. The closest properties are those at a relatively recent development at Glenburn Close.
2. Proposed Development 2.1 Planning permission in principle is sought for an industrial and residential development.
2.2 While the application is in principle only, an indicative layout has been provided. The proposal seeks to relocate the existing Shanks Group operations currently within the village, to a new modern premises outwith the village envelope. This would be to the north-west of 73 Greengairs Road with access taken from a new road link off Greengairs Road to the west. The industrial element of the proposal would consist of a modern building with associated parking and servicing. The supporting statement also notes that it is hoped to provide premises for other local business.
2.3 The second element of the proposal is ‘enabling’ residential development to facilitate the business relocation. This would be located on open land to the east of the proposed industrial unit and to the rear of established properties at Greengairs Road and Glenburn Close. The indicative layout illustrates 10 plots for dwellinghouses with spacious garden ground. The proposed residential element would take access from the same road serving the industrial unit, but branch off to the east.
2.4 The scheme has been reduced from the initial plans (withdrawn application 10/00352/PPP) which had additional residential development, the industrial unit located to the east and access taken through the existing Shanks site.
2.5 Whilst not within the site boundary, the applicant has confirmed their intention to cease operations from the existing site. In broad terms, the applicant is pursuing this proposal on the basis of allowing an established local business to modernise, whilst realising environmental benefits that may be achieved by moving further from the constrained residential area in which they currently reside. As an application for planning permission in principle, the submitted plan is indicative only, to demonstrate how the development might work. If planning permission is granted, a further detailed application would be required to assess the actual detail of any layout, landscaping proposals, access matters and so on.
3. Applicant’s Suppottina Information
3.1 The applicant has provided a supporting planning statement, a design and access statement, a noise assessment and protected species survey. Also submitted is an appraisal of the costs relative to the enabling aspects of the proposal. The supporting information details that the Shanks Group is a local builders business,
53 comprising 3 components: (William Shanks Construction, Tom Shanks Engineering and Robert Shanks Joiners). The applicant notes that currently, these components employ 39 employees, all working from the same premises. It is noted that the existing units are operating at full capacity and that the Group now requires larger more modern premises. The applicant details their connection to the village, including local employment and therefore their desire to remain and continue to operate from W attston.
In summary, the applicant highlights that the advantages of the scheme include:
0 Improved provision/facilities for the existing businesses realising benefits for established local employment and substantive economic benefits to the area; 0 Potential operational and financial benefits for other local employers; 0 Improved vehicular access and operational freedom compared to the existing constrained site; 0 Environmental improvements as industrial buildings no longer visible from Greengairs Road; 0 Reduced impact of industrial uses on neighbouring properties (visual, noise, traffic movement and enhanced boundaries); 0 Provision of facilities for outdoor recreation (additional pedestrian provisions linking access to the countryside); 0 Provision of high quality housing for the local area.
4. Site Historv
4.1 C/08/00516/FUL for the ‘Extension to Workshop and Change of Use of Garden Ground to Builders Yard, Two Flatted Properties to Office Accomodation and Office Accommodation to Dwellinghouse” was approved on lothJune 2008. This relates to the existing Shanks Group site and it is accepted that this constitutes the maximum limit of any expansion at that site.
5. Development Plan
5.1 This application raises issues of a strategic and local nature and therefore must be considered in terms of both the Structure and Local Plan.
5.2 Relevant policies in the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the Fourth Alteration 2008) are Strategic Policy 1 - Strategic Development Locations, Strategic Policy 9 - Assessment of Development Proposals and Strategic Policy 10 - Departures from the Structure Plan.
5.3 The site is identified as land forming part of the ‘Green Belt’ in the Monklands District Local Plan 1991 to which policy GBI applies.
6. Consultations
6. I SEPA have objected to the application on grounds that the development should be served by the public sewerage system and insist that surface water from the development be treated by way of SUDS infrastructure. They have however noted that they would have no objection providing these matters are a condition of any consent.
6.2 Scottish Water raise no objection to the application, highlight that there is current capacity to serve the development but note that it may be necessary for the developer to fund infrastructure improvements.
6.3 Scotland Gas Networks previously raised no objection to the application and noted the position of their infrastructure.
54 6.4 Greenspaces Team and Landscape Manager raise no objection. Comments are given in respect to the supporting statement and in particular recommendations that landscaping should be designed into the scheme from outline stage. Recommendations on appropriate landscaping and biodiversity enhancements are given, as well as maintenance of an existing pedestrian link through the site linking a possible right of way to the north. A response is provided in respect to the Protected Species Survey submitted and further information requested on trees surveyed for bats.
6.5 Protective Services raise no objection but require the completion of a Site Investigation to identify and provide mitigation for any potential contamination. Further advice is given in respect to construction nuisance.
6.6 Traffic and Transportation have recommended that the application be refused. The proposed access is not supported as it links onto the public road where the national speed limit applies, there is a lack of footways linking the village, there is substandard junction spacing and substandard visibility splays when exiting the site. Comments were also given in respect to internal roads requirements for both the residential and industrial components of the scheme, including a particular standard of road and provision of a roundabout.
7. Representations
7.1 3 online representations have been received from two adjacent residents. These are summarised as follows:
i. Policy for Rural Investment Areas has a maximum of 4 houses, ii. While Scottish Planning Policy supports sustainable economic growth, unclear how this application achieves this; iii. Loss of outlook, iv. Resultant overlooking and privacy concerns, V. Loss of privacy, vi. Impact on environmental resources and wildlife; vii. Unacceptable noise impact, and impact upon general amenity; viii. Road safety and access difficulties for the new road; ix. Whilst accepting moving the workshop will improve amenity within the village, reduce traffic impact in the village and allow the applicant to sustain his business, it will have a knock-on effect for other properties. Concern that noise impact from the workshop and associated traffic will simply move towards those other properties;
8. Plannina Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise:
8.2 Development Plan: The Development Plan consists of the Glasgow and the Clyde Valley Joint Structure Plan 2000 (incorporating the fourth alteration 2008) and the Monklands District Local Plan 1991. The application is of strategic significance due to the site zoning and number of dwellinghouses proposed.
Structure Plan
8.3 Strategic Policy 1 (Strategic Development Locations) (SPI) requires the continued designation and safeguarding of the Glasgow and Clyde Valley Green belt within which there is a presumption against the spread of built up areas and the encroachment of development into the countryside. The proposed development is for residentiaVindustria1development on land zoned as Green Belt in the adopted Local
55 Plan and is therefore contrary to policy SP1. It is acknowledged however that Wattson is also identified in SP1 as falling within the Rural Investment Area, where broad strategic aims exist in terms of supporting economic regeneration, social inclusion and environmental quality. This also has some weight in the consideration of the application.
8.4 Strategic Policy 9 (Assessment of Development Proposals) (SP9) indicates that industrial and housing developments of a significant scale will be assessed against strategic demand in the relevant market areas. Strategic Policy 9 B (iv) also covers the location of development in terms of the need to avoid sporadic development in the Green Belt.
8.5 This proposal seeks permission for industrial and residential development in the Green Belt where no strategic need has been established. Whilst contrary to this policy, it is however noted that some support can be taken from the location of the site in the Rural Investment Area, a zoning reflected in the emerging Local Plan. It is also highlighted that the residential element of the proposal is ‘enabling development’ in support of a local business, which takes support from more recent Scottish Planning Policy as discussed in paragraph 8.19. In this regard, there is a tension within the Structure Plan in light of emerging local and national policy. As this development is regarded as a departure from the Development Plan, the application does however require to be justified against Strategic Policy 10.
8.6 Strategic Policy 10 (Departures from the Structure Plan) (SP10) indicates that consideration should be given to the appropriateness of the development having regard to various criteria, including specific locational need, and economic, social and environmental benefits. For the reasons detailed in this report, it is considered that a case can be made, and that the proposed development is an acceptable departure from the Structure Plan.
Local Plan
8.7 Monklands District Local Plan 7997: The site is covered by policy GB1 (Restrict Development in the Green Belt). This policy restricts development in the Green Belt to exceptional circumstances. There is no such justification in this instance and the application is therefore contrary. The planning system does allow for appropriate departures from policy where those applications can be justified.
8.8 Other policies within the Local Plan are also applicable. The site is zoned LI1 (High Quality Landscape). This zoning notes that except where specific development opportunities have been identified, development should be directed elsewhere. A site specific case has been made in light of emerging national policy, and although ‘in principle’ at this stage, it is considered that the development can be satisfactorily integrated into the wider area with appropriate design and landscaping. Policy CU/5 (Safety Restraint Areas) identifies that a small section of the site lies adjacent to land with former use as a landfill site. This aims to ensure that any development is safeguarded from landfill gas. Should planning permission be granted, technical solutions would require to be found for any related matters.
8.9 Material Considerations - Finalised Drat? North Lanarkshire Local Plan (FDNLLP): The emerging local plan is a material consideration in the assessment of this application and zones the site: NBE3 (Rural Investment Areas) and not Green Belt.
8.10 Firstly, Policy DSPl (Amount of Development) is relevant, with specific reference to Criteria B Potential Additions to Planned Land Supplies. Additions to housing and industrial land supplies greater than certain thresholds outside identified sites require to be justified by demand assessments. In this instance, the development does not trigger those thresholds and a demand assessment is not required. It is noted however that this proposal does require locational consideration and the applicant has provided a justification for the level of development proposed.
56 8.1 1 Policy DSP2 (Location of Development) is relevant with specific reference to Criteria B: Potential additions to planned land supplies. Applications for new development should satisfy locational criteria and in this instance, the location of the site within the Rural Investment Area is a material consideration.
8.12 Behind policy DSP2, it is important to consider the primary zoning of the site as NBE3 (Rural Investment Area) to establish any other reasons to support the development. Through this policy the Council aims to promote development in Rural Investment Areas through appropriate promotion, control and assessment of proposals against defined criteria. In respect to housing this allows up to 4 housing units, while allowance is given for industry up to 1,000sqm demonstrating economic benefit, both subject to technical assessment. Although the existing workshop will be displaced, combined, this proposal therefore exceeds emerging Local Plan thresholds and must also be justified under SPIO of the Structure Plan as a departure in this regard.
8.13 Further guidance is provided in the Council’s Supplementary Planning Guidance on Rural Investment Areas, which details the circumstances in which such development will normalty be permitted. It is noted however that the Council’s interpretation of Rural Investment Area policy specifically doesn’t extend to cover enabling development, and as such this application requires to be assessed on its merits. It is noted that some support can be taken from the spirit of Rural Investment Area policy and the more recent national position on supporting rural businesses and economic growth within national Scottish Planning Policy (see 8.19 below).
8.14 Policy DSP3 (Impact of Development) assesses proposals in terms of their impact on the economic, social and environmental infrastructure of the Community. For the reasons discussed above; and below in relation to policy DSP4 (Quality of Development), it is considered that the benefits of this proposal now outweigh any dis-benefits in respect impact.
8.15 Policy DSP4 (Quality of Development) states that development will only be permitted where high design standards of site planning and sustainable design are achieved. Developments are also required to integrate successfully into the local area avoiding harm to neighbouring amenity and adverse impact on adjacent properties. The provision of roads, access and parking also requires to be assessed.
8.16 This application is ‘in principle’ and only indicative details have been provided. On the basis that sufficient justification has been provided for a specific locational need with additional economic benefits to the area, it is considered that impact can be satisfactorily mitigated through design, layout and landscaping. It is highlighted that if development is approved in these circumstances, a very high quality of design would be required, as well as strong structural landscaping to ensure a new defensible boundary. This matter can be addressed by conditions. Sufficient information has been provided to demonstrate that a layout can be achieved that meets appropriate standards, although no confirmation of the final layout would be approved through this application, and final unit numbers can only be confirmed via assessment of a detailed application. In respect to the environmental improvements to be gained through relocation, the applicant has also confirmed acceptance of a legal agreement ceasing industriaVbusiness operations at that site, with the yard area to rear to be given over to horse grazing. Any future use at that site would thereafter also be controlled subject to a separate planning application.
8.17 The applicant has submitted a noise assessment which concludes that there would be no unacceptable impact upon neighbouring residents. This is considered satisfactory in planning terms to demonstrate than an acceptable layout can be achieved. Any future application for matters specified in conditions would however require to be supported by an updated noise assessment, ensuring appropriate mitigation where required. The applicant has submitted an ecology assessment which confirms no unacceptable impact on protected species as a result of the
57 development and this is accepted, subject to conditions. In terms of access, notwithstanding the points raised by the Traffic and Transportation Section, it is noted that this application is only in principle and full details would be provided at a later stage. Notwithstanding the comments made, any subsequent application for matters specified in conditions would require full details of the junction, access and internal layout to be developed to ensure a satisfactory roads layout is achieved. A condition is proposed to ensure that matter is resolved before any development takes place.
8.18 Overall, in light of the special justification for this proposal detailed below, it is considered that the development, subject to assessment via a detailed application, can satisfactorily meet the requirements of policy DSP4.
8.19 Scottish Plannina Policv (SPP): Scottish Planning Policy provides the most recent guidance in respect to economic growth in Rural Investment Area. It highlights the central policy of supporting sustainable economic growth and the responsibility of planning authorities to take a positive approach to development. It also highlights the need to take a flexible approach to changing circumstances and new economic opportunities, to take account of economic benefits of proposals, to support development which will provide new employment generation and enhance local competitiveness and to be flexible to accommodate the requirements of inward investment and growing indigenous firms. It also highlights that Development Plans should support small scale housing development through a range of measures, including new build housing which is linked to rural businesses, or would support the formation of new businesses by providing funding. North Lanarkshire Council’s interpretation of the planning policy for Rural Investment Areas has been developed through Supplementary Planning Guidance (SPG). It is accepted that the SPG is silent on the matter of enabling development. As such this particular aspect of the proposed development needs to be considered on its merits. In this instance, a case has been made in respect to the benefits to the Shanks Group in relocating to a modern and less constrained site. It is accepted that the applicant is an important local employer and that this development enhances their competitive position, with economic benefits to the wider area. There may also be additional ancillary benefits for other local businesses in respect to available premises, and environmental improvements within the village itself due to the relocation. A financial appraisal has been submitted detailing the broad level of enabling development required and this is considered acceptable.
8.20 Consultation ResDonses - In response to the comments received from SEPA and Scottish Water, the applicant has noted that they would accept a condition requiring connection to the public sewer and other drainage matters.
8.21 In response to the comments received by Protective Services, it is considered that this could be addressed by a planning condition relating to the submission of a site investigation report. An advisory note on a planning permission decision notice would satisfy construction nuisance concerns.
8.22 While no response has been received from Scottish Power, should planning permission be granted, it is recommended that the applicant be advised to contact them prior to development taking place due to the location of nearby overhead lines.
8.23 In respect to Roads matters, these are covered above.
8.23 Reoresenfafions:In response to representations, the following comments are given:
i. Policy for Rural Investment Areas has a maximum of 4 houses,
Response: It is accepted that North Lanarkshire Council’s policy details a maximum of 4 dwellinghouses, although this does not relate to stand alone residential schemes but to cluster based developments. This application draws on support from national planning policy for assisting
58 economic growth in rural areas and builds a case around additional benefits. It is considered that an acceptable case has been made.
ii. While Scottish Planning Policy supports sustainable economic growth, unclear how this application achieves this.
Response: Scottish Planning Policy is clear in its support for a flexible approach in helping local indigenous businesses in rural areas. Through assessment of the last application at the Applicant’s current site, it is acknowledged that this is heavily constrained and unable to develop further. This proposal allows the Shanks Group the opportunity to expand in modern premises in the village, with the potential for further benefits for local businesses. A pro-active approach in assisting local investment and business, where justified, is central to national planning policy. It is considered that this proposal achieves those aims.
iii. Loss of outlook.
Response: Loss of a view is not a valid planning consideration, however, it is accepted that if approved, due to the location of the site, a very high quality of design, materials and landscaping will be important, and will help reduce visual impact. It is considered that subject to such conditions, the visual impact can be kept to acceptable levels.
iv. Resultant overlooking and privacy concerns, V. Loss of privacy.
Response: These matters would be addressed in any subsequent detailed application. The proposed conditions will ensure this can be kept to acceptable levels.
vi. Impact on environmental resources and wildlife.
Response: The case made for this development is considered to outweight the negative impact through the loss of open land. It is noted that the applicant intends retaining public access through the site to the north. Furthermore, structural planting would also be required via conditions. An assessment of Protected Species has been carried out raising no significant implications of development. vii. Unacceptable noise impact, and impact upon general amenity.
Response: A noise assessment has been submitted and this raises no unacceptable impacts upon the nearest properties. This would require to be updated as part of any future detailed application. viii. Road safety and access difficulties for the new road.
Response: As detailed in paragraph 8.17, this application is in principle, and further details would be developed and secured via a subsequent application. It is considered that an acceptable access solution may be developed and it is noted that the existing yard to the east already had constraints in respect to access and vehicle manoeuvrability. ix. Whilst accepting moving the workshop will improve amenity within the village, reduce traffic impact in the village and allow the applicant to sustain his business, it will have a knock-on effect for other properties. Concern that noise impact from the workshop and associated traffic will simply move towards those other properties.
59 Response: It is considered that the proposal will result in an environmental improvement through relocation of the existing site. Having assessed those impacts in respect to the new site, it is considered that the development can be implemented with no undue concerns for the nearest neighbours in respect to amenity. The submitted noise assessment has raised no significant concerns and a dedicated access would be located away from those properties to the west.
9. Conclusions
9.1 Drawing all these factors together, it is accepted that the existing business is a long established and a valuable local employer. It is also considered that the proposed relocation/rationalisation of those businesses can be considered to fulfil a local need, with a site specific justification in respect to the sites available to the applicant in the local area. On the basis that such a case can be made, it is considered that the site can also be developed without undue impact on the surrounding area, and that the level of enabling development proposed has been demonstrated as reasonable.
9.2 In this respect, and notwithstanding the zoning of the site as Green Belt in the adopted plan, the policy position is more flexible in light of the Rural Investment Area zoning in the emerging Local Plan and related reference in the Structure Plan. Whilst also exceeding the Rural Investment Area threshold for development set out in Local Plan policy, the development does draw on support in Scottish Planning Policy for local businesses in rural areas, and this is an important material consideration. Therefore, in regard to SPIO of the Structure Plan (Departures from the Development Plan), it is considered that a case can be made against the criteria of specific location need, and economic, social and environmental benefits.
9.3 It is therefore recommended that planning permission be approved, subject to conditions. Of those conditions, phasing should be controlled to ensure the industrial element is provided in advance of any housing and the applicant relocates from his current premises] and the quality of design, materials] layout and landscaping should be of a high standard to reflect the location and special circumstances in which the housing element has been accepted. In order to realise the environmental benefits of relocating from within the village, the applicant has also agreed to enter into a Legal Agreement which would ensure this transition, and control the subsequent use his existing site.
60 Application No: Proposed Development:
1 1/00456/FUL Extension and Alterations to Dwellinghouse
Site Address:
3 Gleneagles Avenue Westerwood Cum bernauld G68 OEY
Date Registered:
27th April 201 1
Applicant: Agent: Dr Gillani N/A 3 Gleneagles Avenue Westerwood Cum bernauld G68 OEY
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 002 Cumbernauld North Five letters of representation received. Balwant Singh Chadha, Barry McCulloch, Gordon Murray, Alan O'Brien
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The design, scale, materials and positioning of the proposal are considered to be acceptable and will not significantly detract from the residential amenity of the application site or the surrounding area. The potential impact on neighbouring properties is considered to be acceptable. The proposal complies with the adopted Cumbernauld Local Plan, 1993.
61 II~O~~~FUL Dr Gillani i Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing number; WEST/001 Rev A
Reason: To clarify the drawings on which this approval of permission is founded.
3. That, except as may otherwise be agreed in writing by the Planning Authority, the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining dwelling,
Reason: In the interest of the amenity of the site and the general area.
4. That before the extension hereby permitted is brought into use the parking layout detailed on the approved plan shall be formed to the satisfaction of the Planning Authority, and thereafter the spaces shall be retained for parking.
Reason: To ensure the provision of adequate parking facilities within the site.
5. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
6. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
Backaround PaDers:
Representation Letters
Letter from Stuart Montgomery, 5 Gleneagles Avenue, Westerwood, Cumbernauld received 23rdMay 201 1. Letter from Mr and Mrs Mcauley, 9 Gleneagles Avenue, Westerwood, Cumbernauld received 24thMay 201 1. Letter from Mr and Mrs Quinn, 11 Gleneagles Avenue, Westerwood, Cumbernauld received 2dhMay 201 1. Letter from Mrs A Richards, 1 Gleneagles Avenue, Westerwood, Cumbernauld received 1st June 201 1. Letter from Yvonne Campbell, 'Fairview', 13 Gleneagles Avenue, Westerwood, Cumbernauld received 1st July 201 1
Consultation Responses:
None
Contact Information: Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 61 6394.
Report Date: 10th July 201 1 63 APPLICATION NO. 11/00456/FUL
REPORT
1. Site Description
1.1 The application property is a single storey detached property situated in an established residential area in Westerwood, Cumbernauld. Gleneagles Avenue has a mixture of house types including large two-storey detached properties and smaller bungalows such as the application property.
1.2 The property is surrounded by neighbouring residential properties with green open space situated to the north beyond Gleneagles Avenue.
1.3 The property has private front and rear garden space and a driveway with the in- curtilage parking capacity for at least three cars.
2. Proposed Development
2.1 The proposal comprises the construction of a single storey extension on the west facing side elevation and north facing front elevation of the existing dwellinghouse. The purpose of the extension is to provide a new bedroom within the property and to enable the enlargement of the existing kitchen, bathroom and lounge.
2.2 The proposal will increase the footprint of the property by approximately 33 square metres and will measure a maximum height of approximately 5.9 metres, which is the same as the ridge height of the existing dwellinghouse. It is noted that the ridge line of the side extension drops down to a height of 5.4 metres to reduce the impact on the property to the west. The extension to the front of the property will have a pitched roof and a maximum height of approximately 4.4 metres. This extension will project beyond the existing front wall of the property.
2.3 The existing house has buff facing brick external walls with brown concrete roof tiles and the external materials of the proposed extension would match those of the existing dwellinghouse.
2.4 To compensate for the loss of driveway parking the applicant proposes to create an additional parking space to the front of the dwelling by widening the existing driveway. A revised plan has been submitted detailing this.
2.5 An area of raised timber decking is also proposed to the rear of the property. This would measure approximately 12.6 square metres in area, but would be raised no more than 17 centimetres from ground level, and is not therefore classed as development under planning legislation.
3. Site History
3.1 There is no relevant planning history for this property.
4. Development Plan
4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
4.2 In the adopted Cumbernauld Local Plan, 1993, the site lies within an area covered by Policy HG4 (Residential Amenity). Under this policy developments should not be detrimental to local residential amenity.
64 5. Representations
5.1 Five letters of objection have been received in relation to the application. The points of concern relate to overshadowing and loss of sunlight, an adverse impact on residential amenity, an overbearing and over dominant impact on 1-10.5,access, impact on outlook, damage to existing boundary treatment, disruption of the building line, parking and potential disruption during the construction works.
6. Plannina Assessment
6.1 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.
6.2 Develoment Plan Cumbernauld Local Plan 7993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. For the reasons stated above, it is considered that the proposal is not contrary to this policy and that it will have an acceptable impact on the residential amenity of the application site and the surrounding area.
6.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The development is considered to comply with Policy HCF 1A (Residential Amenity) in the Draft Plan in that it will have an acceptable impact on the residential amenity of the surrounding area.
6.4 Impact on Residential Amenity and Surrounding Properties - It is considered that the proposed extension will not have a detrimental impact on the residential amenity and character of the application site and the surrounding area. The proposed extension is considered to be of an acceptable design and will integrate satisfactorily with the existing dwellinghouse.
6.5 Following the relevant tests it is considered that the proposal may overshadow an area of side garden and a section of the facing gable wall at n0.5 to the west. This level of overshadowing is not considered to be to an unacceptable degree and it is noted that a facing window at n0.5 will not be unacceptably affected, nor will any windows on the principal elevations. In terms of outlook, it is accepted that the facing window at n0.5 will face towards a blank gable wall and that the proposed extension is built up to the boundary of the two properties. However, the approximate distance between the window and the facing wall will be 3.7 metres and this is not considered to constitute an unacceptable amenity concern. Principal front and rear elevation windows on the neighbouring property are unaffected.
6.6 The proposal will not have a significant impact on the privacy of neighbouring properties as no windows/doors being created on the extension will directly face towards neighbouring windows, or breach privacy standards. The area of decking to the rear of the property will have a minimal impact and it is noted that it would be permitted development if it were to be proposed separately.
6.7 It is noted that the proposal will result in an additional bedroom within the property and the loss of two existing in-curtilage parking spaces and therefore the development could place some pressure on parking provision in the area. Accordingly it was deemed appropriate to request that an additional parking space be provided within the curtilage of the property and this has been detailed in a revised plan. This requires some works within the front garden
6.8 Representations - Five representations have been received in relation to the proposal. The points of objection can be summarised as follows:
0 The proposal will overshadow no.5 to the west and result in an unacceptable loss of the sunlight this property receives.
65 Comment: Following the relevant tests it is noted that the proposal will result in the overshadowing of a section of side garden and gable wall of n0.5. However no windows at this property will be unacceptably affected and therefore the degree of overshadowing is considered to be acceptable. No windows on the principal elevation of the neighbouring property are affected. It is also noted that n0.5 is slightly elevated in relation to the application site which further reduces overshadowing as a result of the side extension.
0 The proposal will have a negative impact on the residential amenity of no.5 to the west and the surrounding area.
Comment: It is noted that the application property is one of the smallest dwellinghouses on Gleneagles Avenue and it is therefore considered that the relatively modest increase to its floor space will not have a detrimental impact on local residential amenity. The mass, scale and positioning of the proposed extension are considered to be acceptable. The potential impact on n0.5 to the west has been assessed and is not considered to be unacceptable.
0 The proposal will have an overbearing impact on 1-10.5to the west, creating a terraced effect.
Comment: It is recognised that the proposed side extension will be built up to the boundary with 1-10.5.It is considered however that the mass and scale of the single- storey extension and the elevated position that n0.5 enjoys in relation to the application site will ensure that there will not be an overbearing or over dominating impact. It is also noted that the ridge height of the side element drops down by approximately 0.5 metres in relation to the ridge line of the existing dwellinghouse in an attempt to mitigate the impact on n0.5, and the front building line set back.
0 As the side extension is being built up to the boundary with n0.5, builders would encroach upon neighbouring land during the construction phase and the owner of 1-10.5would require to provide access to the gable wall of the extension for maintenance purposes.
Comment: This is not a material planning consideration.
0 Front to back access within the application site will be prevented by the proposal.
Comment: The applicant is entitled to extend up to the boundary and having assessed this application on its individual merits it is considered to be acceptable in the context of the application site and its surroundings.
0 The boundary wall between the application site and n0.5 may be damaged as a result of the proposal. .. Comment: This is a legal issue between the applicant and the owner of 1-10.5and is not material to the consideration of this application.
0 The proposal will have a negative impact on the outlook of n0.5 to the west.
Comment: Although it is accepted that the facing window at n0.5 will face towards the blank gable wall of the proposed side extension the overall impact of the extension is acceptable. It is noted that entitlement to a view is not a material planning consideration. The principal elevations remain unaffected in terms of outlook.
0 The question is raised as to why a rear extension was not considered by the applicant.
Comment: This has no bearing on the consideration of this application which must be assessed on its own merits.
66 0 The extension to the front of the dwellinghouse will disrupt the existing building line.
Comment: It is noted that the front extension will project 1.5 metres beyond the existing frontage which is considered to be a minor alteration to the front of the dwellinghouse. It is also noted that due to the curving nature of Gleneagles Avenue a definitive building line is difficult to identify.
0 If the extension is constructed only one in-curtilage parking space will remain which will place pressures on parking provision in the area.
Comment: It is agreed that this is a potentially problematic consequence of the proposal and accordingly has been addressed in a revised layout.
The application property is a small bungalow, the type of which is in demand and is suited to particular households. The extension of such properties reduces the availability of small dwellinghouses.
Comment: Each application must be assessed on its own merits and this concern is not material to the consideration of the planning assessment.
Neighbouring properties will experience noise and inconvenience during the construction period.
Comment: It is accepted that neighbouring properties may experience a degree of inconvenience during construction however this is considered to be a necessary consequence of development.
7. Conclusions
7.1 It is considered that the proposal is of a satisfactory design and will integrate acceptably with the existing dwellinghouse. The mass, scale, positioning and materials of the proposal are considered to be acceptable. Despite the living room extension projecting beyond the front of the house the potential visual impact of the proposal is considered will be satisfactory.
7.2 The potential impact of the proposal on neighbouring properties is considered to be acceptable. No.5 is the only property which will be affected to an extent however, in terms of privacy and overshadowing, the extension will not have an unacceptable impact.
7.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. The proposal complies with Local Plan policy. It is recommended that planning permission be granted, subject to conditions.
67 Application No: Proposed Development:
11 /00500/AM D Amendment to the Levels and Final Finished Profile as approved under the terms of Planning Permission 08/01 278/MIN (Removal and Depositing of Material in Connection with Adjacent Motorway Construction Works) (in retrospect) Site Address:
Auchengeich Bing Auchengeich Road Moodiesburn
Date Registered:
24th May 201 1
Applicant: Agent: Farrans Construction N/A Oakbank Mid Calder West Lothian EH53 OJS Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 005 Strathkelvin No representation received. William Hogg, Joseph Shaw, Brian Wallace, Frances McGlinchey,
Recommendation: Approve Subject to Conditions
Reasoned Justification: It is considered that the works generally improve the appearance of the site in that the current profile does not have a detrimental affect on the rural character of the area and is not inconsistent with similar land forms along the motorway corridor. As such the amended profile of the land form is acceptable and accords with the relevant policies.
68 IlDJmSDWAMD
~~~~~~~ -9- Fanans Construdion ==?---%=- pzs,z-' Auchengegh Bing Auchengeigh Road Moodiesbum -..-I- 1:5,000 +% ---- I ---= hendment 10 the Levels and Final Finished Profile as apprmed under the iems of Flannina Permission 0N127#hlIN lRemoval and DeoosPno of Material in Conneaion mth Adjacent Motorway Conslrudion'Works) (In Rebosped) *
69 Recommendation: Approve Subject to the Following Conditions:-
1. That the site shall be restored to final contour levels as specified in the approved cross sections (or such other levels as may be approved in writing by the Planning Authority), no later than 6 months after the granting of this permission.
Reason: To accord with submitted details and to ensure the timeous restoration of the site.
2. That with the exception of condition 3 of the original permission which covered site finished levels all other conditions of permission 08/01278/MIN continue to apply.
Reason: To ensure the site is completed satisfactorily in accordance with the original planning permission.
Backaround Papers:
Representation Letters
No letters of representation were received.
Consultation Responses:
No consultation was required during the progress of this application.
Contact Information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 6 16475
Report Date:
1Oth July 201 1
70 APPLICATION NO. 11/00500/AMD
REPORT
1. Site Description
1.I The application is for an amendment to application 08/01 278/MIN which considered the reprofiling of Auchengeich Bing, north of Moodiesburn in connection with the adjacent M80 extension motorway works. The approved route of the motorway extension goes through the middle of the bing area.
2. Proposed Development
2.1 It was proposed that material from the bing be used to provide 250,000m3 of an estimated 400,000m3 shortfall of suitable fill material on the section of proposed motorway to the east of the bing. The original projected volumes of material to be removed from the bing were over estimated resulting in the bing having a profile which has not been approved (the landform being higher than previously approved). The application therefore seeks to address this matter retrospectively.
3. Applicant's Sumortinq Information
4. Site History
0 08/01278/MIN Reprofiling of Bing Area by the Removal and Depositing of Material in Connection with Adjacent Motorway Construction Works application granted 4'h February 201 0.
5. Development Plan
2.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
2.2 The site is covered by Green Belt policies (ENV 2-8) in the Northern Corridor Local Plan 2005. These policies presume against inappropriate forms of development but support development required for agriculture and forestry and development which requires to be in the Green Belt.
6. Consultations
6.1 No consultations were required in assessing this application.
7. Representations
7.1 Following the standard neighbour notification procedures no representations were received.
8. Plannina Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997 planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 The application is not of strategic significance and as such only requires to be assessed against the local plan. Relevant policies within the Northern Corridor Local Plan 2005 (ENV 2-8) identify the site as being within the Green Belt. Of particular relevance are the following policies.
0 ENV 3 (Improving the Green Belt): This policy supports urban fringe planting in the interests of visual amenity, nature conservation and public access. The
71 proposed development accords with this policy as the different profile will not preclude a substantial amount of new woodland planting already agreed by virtue of the previous permission.
0 ENV 4 (Development in the Green Belt): This policy presumes against most forms of development but does potentially allow for development necessary for agriculture and forestry and development shown to be required to be located in the Green Belt. The proposed development accords with this policy in that the site located immediately to the M80 road works and the proposed woodland and agricultural after uses will remain as conditioned in the previous permission despite the variation in the land forms profile.
8.3 Other Material Considerations. The Finalised Draft North Lanarkshire Local Plan The site remains zoned as Green Belt and requires to be assessed against policy NBE3A (Green Belt). This policy does not presume against the development for reasons outlined above.
8.4 Affect on Rural Amenity The reprofiling of the bing has resulted in an altered land form from that originally anticipated, due to a change in operational requirements. This however has not resulted in a landform which would be considered to adversely affect the rural amenity of the site or surrounding area as it is not inconsistent with similar land forms along the motorway corridor and as such is considered acceptable.
9. Conclusions
9.1 It is considered that the works generally improve the appearance of the site in that the current profile does not have a detrimental affect on the rural character and is not inconsistent with similar land forms along the motorway corridor. It is recommended that planning permission in retrospect be granted.
72 Application No: Proposed Development:
11/00528/FUL Change of Use from Long Term Leisure Moorings (No.9) to Residential Moorings Site Address:
Canal Bank Auchinstarry Road Crov
Date Registered:
23rd May 201 1
Applicant: Agent: British Waterways N/A Canal House 1 Applecross Street Glasgow G4 9SP Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 001 Kilsyth No representation received. Mark Griffin, Jean Jones, David Key,
Recommendation: Approve Subject to Conditions
Reasoned Justification: The proposal will contribute towards encouraging and facilitating public access to the canal network whilst achieving a balanced mix of uses at Auchinstarry Basin. The resultant mix of residential and leisure craft will result in continuous activity, which will continue to contribute to the long term viability of this section of the canal.
73 ~.~-~--,~-~~;.K:-- ~- N100528CUL "l..LI*.m-""llOl-..--.WI m',%- British Waterways ..Y"I.P-w"- I.CIIII.LI. "__. Canal Bank Auchinrtany Road Croy -*.I-<--= -.=- Change of Use from Long Term Leisure Moorlngs (NO.~) To Resldentlal Moorings 74 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawing duly stamped approved.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That within 4 weeks of the permanent mooring of the first boat, relating to the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
Backaround Papers:
Representation Letters No representation was received.
Consultation Responses:
Traffic & Transportation (Northern Area) memorandum received 15'h June 201 1.
Contact information:
Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 616475
Report Date:
10th July 201 1
75 APPLICATION NO. 11/00528/FUL
REPORT
1. Site Description
1.I The application seeks planning permission for change of use from commerciaVleisure moorings to nine residential moorings at Auchinstarry Basin, Kilsyth. The site is situated in the Forth and Clyde Canal, east of Auchinstarry Basin adjacent to a modern pontoon boardwalk and canal bank footpath.
2. Proposed Development
2.1 The application seeks to change the use to nine moorings currently used for leisure and commercial purposes to permanent residential moorings on the Fourth and Clyde canal.
3. Applicant’s Supportina Information
3.1 The applicant has provided a planning statement with supporting information explaining the rationale behind additional residential moorings. In particular the applicant is seeking to encourage and facilitate public access to the Canal network by increasing the number of boaters using the canal. It is argued that by mixing residential and leisure craft as proposed will result in continuous activity, which will help invigorate the basin area and will provide additional defensible space leading to a generally more welcoming environment
4. Site History
4.1 The following previous applications are relevant to the current proposal
0 04/0088O/FUL Part Change of Use of Canal Basin to Residential Moorings granted 12‘h July 2004. 0 06/01 727/FUL Change of Use from CommerciaVLeisure Moorings to 4 No. Residential Moorings granted 1st December 2006.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed against Local Plan Policies.
5.2 The application site is located within an area designated as GB 1-4 and 6 (Green Belt), which seek to protect the designated Green Belt from inappropriate development.
6. Consultations
6.1 A summary of comments from consultees is as follows:
Traffic and Transportation: have no objection to the proposal.
7. Rewesentations
7.1 No letters of representation received following the neighbour notification process.
8. Plannina Assessment
8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
76 8.2 DeveloDment Plan Kilsyth Local Plan 1999: GB 1-4 and 6 (Green Belt) states that there will be a presumption against residential development in the Green Belt unless it is shown to be necessary for the furtherance of other uses appropriate only to a rural area. Given the specific nature of the application relating to the canal, it is considered that this section of the canal represents such an area ,in that the application aims to make a contribution towards encouraging and facilitating public access to the Canal network and increasing the number of boaters whilst achieving a balanced mix of uses at Auchinstarry Basin. This mix of residential and leisure craft will result in continuous activity, which will help invigorate the basin area and will provide additional defensible space leading to a generally more welcoming environment. As such the proposal is not considered contrary to Green Belt Policy.
8.4 Other Material Considerations. The Finalised Draft North Lanarkshire Local Plan. The site remains zoned as Green Belt and requires to be assessed against policy NBE3A (Green Belt). The proposal is in accordance with this policy for reasons explained in paragraph 8.3.
8.5 Recent Planning History It is also relevant to note that similar previous planning applications have been granted on this section of the Fourth and Clyde canal. (04/0088O/FUL) part change of use of canal basin to residentialthmoorings lies immediately west of the site and was granted permission on the 12 July 2004. A similar application (06/01727/FUL) for the change of use from commercial/leisure moorings to 4 residential moorings lies immediately adjacent and was granted permission on 1st December 2006.
8.8 Affect on Rural Amenity The mooring of boats at canal locations is generally accepted in rural locations and there is little to differentiate between the permanent mooring of boats and the long term seasonal mooring as such there is little to distinguish between the two uses in terms of impact on rural amenity.
9. Conclusions
9.1 It has been determined that the proposal accords with the terms of the development plan and there are no material considerations, which would merit refusal of the application. The proposal will not adversely affect the rural amenity and will contribute towards encouraging and facilitating public access to the canal network whilst achieving a balanced mix of uses at Auchinstarry Basin. The resultant mix of residential and leisure craft will result in continuous activity, which will contribute to the long term viability of this section of the canal. It is therefore recommended that the permission be granted for the stated reasons.
77 Application No: Proposed Development:
11/00529/FUL Change of Use From (Class 6) Storage Unit to (Class 11) Muay Thai Boxing Gymnasium
Site Address:
12 - 14 Tannoch Place Lenziemill Cumbernauld
Date Registered:
23rd May 201 1
Applicant: Agent: Mr Billy Gibson N/A 8 Forrest View KiId ru m Cumbernauld G67 2DB
Application Level: Contrary to Development Plan: Local Application Yes
Ward: Representations: 004 Abronhill, Kildrum And The Village No letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed Muay Thai Boxing gym use is acceptable and will not result in an unacceptable impact on the character and viability of this industrial area and therefore complies with the spirit and intentions of policy IB 1 (Industrial Areas) of the Cumbernauld Local Plan 1993.
78 Tho rap IS reproduced from Produced by Ordnance Survey maienal PLANNING APPLICATION 11/00529/FUL North Lanarkshire Council mth the pamgslon d Planning and Envlmnment Department, Ordnanoe Survey on behalf d the Controller of Her Ma]ea!y's Change of Use From (Class 6) Storage Unlt Statlmery Omce 0 Crow to (Class 11) Muay Thai Boxing Gymnasium mpyrlght Unauthorsed repmdudlon infnngsa Crow wpyrlght and mylead to 12 - 14 Tannoch Place, Lenziemill poaeCLhon or uvil procsedingo Nath Lmarkhlre Cwnoll Cumbernauld loo023398 2008 fax 01698 403053
79 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the unnumbered location plan.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, the premises shall be used as a Gym and for no other purposes (including any other purpose in Class 11 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997).
Reason: To enable the Planning Authority to retain effective control and to ensure the building remains an ancillary facility to benefit the operation and viability of the adjacent industrial area.
4. That the development hereby permitted shall not start until the submission of a Notice of Initiationto the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
5. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
Backaround PaDers:
Representation Letters No letters of representation received.
Consultation Responses: Memo from Traffic & Transportation received 8'h July 201 1
Contact Information: Any person wishing to inspect these documents should contact Mr Kevin Divin at 01236 61 81 24
Re ort Date: 11' R July2011
80 APPLICATION NO. 11/00529/FUL
REPORT
1. Site Description
1.I The application site is an existing industrial unit situated within a group of similar sized industrial units at Tannoch Place, Lenziemill, Cumbernauld. This forms part of an established industrial area. The property is a single storey industrial unit with a metal pitched roof and painted rendered elevation with a roller shutter frontage. The unit is currently vacant but was previously used by NLC Learning & Leisure for school equipment storage for a number of years. The building is surrounded by other industrial units on all sides.
2. Proposed Development
2.1 This application seeks full planning permission for the change of use from a (Class 6) storage unit to (Class 11) Muay Thai Boxing Gymnasium. The proposal seeks to change the use of the unit only and no physical external alterations are proposed.
3. Applicant’s Supportinu Information
3.1 The applicant states that the Colosseum Muay Thai Boxing club has grown significantly over the last two years resulting in the club outgrowing its current premises, at which their lease is due to expire. The applicant considers that a move to a larger unit of this nature will provide sufficient space for a full size ring, boxing bags and fitness equipment providing a better facility. The applicant states that since the establishment of this gym it has become an asset to Cumbernauld and the local community. The applicant also submitted a letter of support from Councillor Tom Johnston, which concludes that the Colosseum Muay Thai Boxing club is an asset for Cumbernauld and there is a surplus of industrial units within Cumbernauld.
4. Development Plan
4.1 The application raises no strategic issues and it can be assessed in terms of the local plan policy.
4.2 In terms of the Cumbernauld Local Plan 1991 the site is covered by policy IB 1 (Industrial Areas).
5. Consultations
5.1 A summary of comments from the consultees is as follows:
1. Traffic & Transportation have no objection to the proposed gym use.
6. Representations
6.1 Following the standard neighbour notification process and newspaper advertisement, no letters of representation have been received.
7. Plannina Assessment
7.1 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.
7.2 DeveloDment Plan - Cumbernauld Local Plan 7993: The site is located within an established industrial area in Cumbernauld on land zoned as IB 1 (Industrial Areas). The primary issues to be considered here are the appropriateness and compliance with the relevant development plan and the affect the proposal will have on the surrounding area.
7.3 Policy IB 1 looks to safeguard established industrial area, and in particular presume against incompatible development where it would have an adverse effect on the 81 existing industrial area. In physical terms the unit forms part of a much bigger industriaVbusiness area. In assessment against the relevant policy, the proposed change of use from business and industry unit to Muay Thai Boxing Gymnasium unit is considered, in this instance, to be of an appropriate scale as ancillary development to the wider industrial location. It is considered the proposal would result in a use that would have peak usage in the evenings and weekend which is opposite to the peak operating hours of the surrounding industrial units. It is considered that the proposal will not detract from the industrial function of the application site or the surrounding area due to the number of similarly sized industrial units still available. The Council Industrial and Business Land Review highlights that, although the industrial land supply is healthy, there is demand across the Council area for small to medium sized units. However, in this particular industrial estate there is a preponderance of smaller industrial units and the loss of one unit to a non industrial use is not considered to be a particular concern. A planning condition is recommended to restrict the use to the proposed gym use only in order to ensure that the character of the wider industrial area is protected. The potential physical amenity impact of the proposal on neighbouring properties is also deemed to be acceptable due to the nature of the proposed and established uses. In this respect, the application is considered to comply with the spirit and intentions of the relevant policy.
7.4 With respect to traffic matters, taking into account the intended function of the unit and comments made by Traffic & Transportation, it is considered that there will be no unacceptable negative impact on parking provision, manoeuvring space, access or visibility. The premises benefit from a degree of established dedicated and communal parking while the peak operating hours will be opposite the established business hours of the surrounding industrial units.
7.5 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: A material consideration is the Finalised Draft North Lanarkshire Local Plan (FDNLLP), which zones the application site as EDL 1 A1 (Existing Industrial and Business Areas) which seeks to support the continuing industrial and business character of existing industrial and business areas. The policy zoning reiterates the policy position in the adopted local plan. The potential impact on the industrial area was assessed in full above and it is considered that the proposed gym use will not result in a detrimental impact on the character of the existing industrial area.
7.6 Effect on Local Amenity: Due to the nature and operating hours, the proposed gym use is considered to be acceptable as its impact will not detrimentally affect the character of this wider industrial area.
7.7 Applicant’s Supporting Information: The potential improvements of relocating the Colosseum Muay Thai Boxing club and the benefits of such a facility within the Cumbernauld are duly noted. In planning terms, the potential impact of the proposed Muay Thai Boxing gym use on the industrial area are assessed in detail above and considered that, on balance, to be acceptable. It is noted that in this industrial estate there is no shortage of small industrial units and if unavailable in the town centre, finding appropriate accommodation can be difficult. Indeed, the current premises in the town centre are not large enough. It is considered that this has some weight in the assessment of this application, taking into account the special circumstances, and availability of industrial units elsewhere.
8. Conclusions
8.1 In conclusion, taking into account all the circumstances relevant to this applicant, the proposed Muay Thai Boxing gym use is acceptable and will not result in an unacceptable impact on the character of this industrial area and complies with the spirit and intentions of policy IB 1 (Industrial Areas) of the Cumbernauld Local Plan 1993. Taking account of these matters, it is recommended that planning permission be granted subject to conditions.
82 Application No: Proposed Development:
11/00551/AMD Construction of 14 Houses and 7 Flats within a 3-4 Storey Flatted Block (amendment to previous layouts approved under permissions 05/00511/FUL and 08/00149/AMD) Site Address:
Site 1A Ainslie Road Kildrum Cumbernauld
Date Registered:
13th May 201 1
Applicant: Agent: Sanctuary Scotland Housing Association Collective Architecture 2 Tryst Road Mercat Building Town Centre 5th Floor Cumbernauld 26 Gallowgate G67 1JW Glasgow G1 5AB
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 004 Abronhill, Kildrum And The Village 3 letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The development layout and housing design are considered to be acceptable and will improve the residential amenity of the application site and the surrounding area. The impact on existing residential properties is considered to be acceptable. The proposal complies with the adopted Cumbernauld Local Plan, 1993.
This planning application will be subject to a Legal Agreement in relation to a financial contribution to upgrade existing local play facilities.
83 PLANNING APPLICATION 11/00551/AMD
This map is reproduced from Produced by Ordnance Survey material Construction of 14 Houses and 7 Flats within a North Lanarkshire Council with the permission of 3-4 Storey Flatted Block (amendment to previous Planning and Environment Department, Ordnance Survey on behalf of the Controller of Her Majesty's layouts approved under permissions Dalziel Buildi Stationery Office 0 Crown 05/0051 I/FUL and 08/00149/AMD) 7 Scott Stree mpyright. Unauthorised Motherwel reproduction infringes Crown MLl 1SX rbhite mpyright and may lead to Site IA, Ainslie Road, Kildrum, Cumbernauld council prosecution or civil proceedings. North LanarkshireCouncil 100023396 2008 telOl698 27427 * Representation fax 01698 403053
84 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- (90)05, (90)06, (90)07, (90)10, (90)11, (90)12, (90)13, (90)14, (90)15, (DR)3001 Rev B, (EL)301 Rev F, (EL)302-2 Rev 8, (PL)1001 Rev A, (PL)2001 Rev C, (PL)2501, (PL)300 Rev D, (PL)302-1 Rev D and (PL)303-1 Rev D.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: In the interest of the amenity of the site and the general area.
4. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site (e) details of public art work and a timescale for erecting a structure within the site.
Reason: In the interests of the visual amenity of the area.
5. That all works included in the scheme of landscaping, planting, and public art work approved under the terms of condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the area.
6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) footpaths (b) parking areas (c) lighting (d) public art (e) grassed, planted and landscaped areas (f) fences
Reason: In the interests of amenity by ensuring that communal area maintenance procedures are appropriate for the site. 85 7. That before completion of the last dwelling hereby approved, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.
Reason: In the interests of amenity by ensuring that communal area maintenance procedures are appropriate for the site.
8. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with appropriate SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 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.
10. That no dwellinghouse hereby permitted shall be occupied until the road and footway adjacent to it have been constructed to basecourse standard and the road and footway shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: In the interests of traffic and pedestrian safety and the amenity of future residents.
11. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways and parking shall be completed to final wearing course.
Reason: In the interests of traffic and pedestrian safety and the amenity of future residents.
12. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority and development of the site shall not be commenced until these works have been completed.
Reason: To ensure the proper treatment of the ground in the interest of health and safety.
13. That following completion of all works required under the terms of Condition 12, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all the necessary works have been carried out in full and to a satisfactory standard.
Reason: To ensure compliance with Condition 12 in the interests of health and safety.
14. That unless as may otherwise be agreed in writing by the Planning Authority, access to the visitor parking court should be via a dropped kerb vehicular access, details of which should first be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt the 2 metre wide footway at this location should be constructed to accommodate vehicular loading.
Reason: In the interests of traffic and pedestrian safety. 86 15. That before the development hereby permitted starts, details of the surfacing materials to be used for all roads, parking areas and footpaths to be provided within that phase of the development shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.
16. That before the development hereby permitted is completed, delineation kerbs should be provided to highlight the public footpath network.
Reason: To satisfy the requirements of the Traffic and Transportation section.
17. That the first 2 metres of all driveways shall be fully paved, fall away from the road and include a drainage facility to prevent run-of on to the road.
Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.
18. That, except as may otherwise be agreed in writing by the Planning Authority, no public roads or footpaths shall be stopped up or otherwise diverted until the necessary orders have been obtained and an agreed alternative route is open and available for use.
Reason: To ensure the provision of adequate and safe pedestrian facilities during all stages of construction of the development.
19. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
20. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
Backaround Paoers:
Representation Letters
Letter from W.Mclntyre, 137 Maclehose Road, Kildrum, Cumbernauld received 15'h June 201 1. Letter from Mrs Dingwall, 143 Maclehose Road, Kildrum, Cumbernauld received 20ih June 201 1 Email from J Mitchell (Ainslie Maclehose Residents Association) 18'h June 201 1
Consultation Responses:
Memo from Traffic 8, Transportation received 1 June 201 1 Memo from Play Services received ldhJune 201 1
Contact information:
Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 61 6394.
Report Date:
11th July 201 1 87 APPLICATION NO. 11/00551/AMD
REPORT
1. Site Description
1.1 The application site is approximately 0.75 hectares and is situated in an area of established housing. It previously contained a 1960’s flatted development that was recently demolished. The site is situated on a noticeable slope rising from the south to the north.
1.2 The site is surrounded by mainly residential properties with Kildrum Road bounding the site to the east. The site is accessed from Ainslie and Maclehose Roads. To the north of the application site is Site 2 of the same development which is covered by application 1 1/00552/AMD.
2. Proposed Development
2.1 This application is an amendment to planning permissions 05/00511/FUL and 08/00149/AMD for the construction of 21 residential units comprising 10 semi- detached houses, 4 terraced houses, 7 flats and associated works. The housing mix, design and site and road layouts have been altered and a three-four storey block of flats added to the scheme. The development is to contribute to the social housing stock in Cumbernauld. Four of the houses will be two-storey, ten will be split level (1- 2 storey) and the block of flats will be three-four storey.
2.2 Vehicular access to the site will be taken from Maclehose Road. Parking spaces will be provided for 23 vehicles in the form of communal parking areas and 24 private in- curtilage spaces will be provided.
2.3 The development will incorporate the provision of landscaped areas. An existing ramped access to an underpass leading under Kildrum Road will be retained.
3. Applicant’s Supportinq Information
3.1 A planning statement has been submitted to support the planning application. This statement considers the site as a whole and within the context of the wider area. It also outlines various aspects of the proposed development including site access, proposed materials, pre-application and community consultation, design justification and traffic and transportation considerations.
4. Site Historv
4.1 Relevant previous planning decisions are as follows;
Planning application (05/0051I/FUL) for a Residential Development (1 19 Units) and Associated Infrastructure Works was granted on 14th June 2006. This was for a wider application site covering the redevelopment of sites at Ainslie, Maclehose and Clouden Road. The current application site was included in this wider site, as was the site covered by application 11/00551/AMD (see below) and the site of the former Kildrum Primary School at Clouden Road.
Planning application (08/00149/AMD) for the Construction of 12 Houses was granted on 20th February 2009. This covered the same site as the current application.
Planning application (10/01217/AMD) for the Construction of 12 Dwellinghouses and 9 flats on the same application site was previously withdrawn and replaced by this application. 88 Planning application (I 1/00552/AMD) for the Construction of 37 Dwellinghouses (amendment to previous layout approved under terms of N/05/0051 I/FUL) has been submitted in conjunction with this application and relates to the section of the original planning permission adjacent to Ainslie Road to the north of the site covered by this application.
5. 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 Cumbernauld Local Plan, 1993, the site lies within an area covered by Policy HG4 (Residential Amenity). Accordingly, all developments must not be detrimental to the residential amenity of the area.
6. Consultations
6.1 A summary of comments from consultees is as follows:
Traffic and Transportation has no objection to the proposal subject to several conditions being satisfied in relation to dropped kerb access being provided to visitor parking areas and the provision of delineation kerbs to define the public footpath network.
Play Services have advised that it is acceptable for the applicant to provide a financial contribution for the upgrading of an existing Council play area at Clouden Road.
7. Representations
7.1 Two letters of representation have been received from residents of Maclehose Road in relation to the lack of parking being provided for existing residents within the redevelopment plans proposed in this application and related planning application 11/00552/AMD.
7.2 It is noted that a request for a Site Visit and Hearing has also been received on behalf of the Maclehose/Ainslie Residents Group.
8. Planninq 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 DeveloRment Plan- Cumbernauld Local Plan 1993: The principle of housing on the site is supported by the local plan policies HG3 (Residential Development) and HG4 (Residential Amenity) and for the reasons stated below the proposed development is considered to be in keeping with the character of the surrounding area. The site already benefits from a planning permission for redevelopment for residential use. The development is considered acceptable in terms of site layout, landscaping, access, scale and design and so complies with policies HG3 and HG4 of the plan.
8.3 Other material considerations- Finalised Draft North Lanarkshire Local Plan: The site is covered by Policy HCF2 (Sites for short term Housing Development) and has therefore been identified for housing in the plan and the housing land supply. Accordingly, due to the reasons outlined in point 8.2 above, it is considered that the proposal complies with the emerging local plan.
8.4 Design- The design of the houses is modern and considerably different from the surrounding 1960’s housing. It is considered that the development will contribute to 89 the regeneration of the application site and the surrounding area. In particular, the proposed block of flats is considered to be of a good design and will be an interesting feature adjacent to the entrance to the site. The overall layout has also been designed in a way that achieves amenity standards in respect to overshadowing and privacy.
8.5 Open Space/Gardens- It is considered that the majority of plots benefit from acceptable amounts of private garden space. The smallest plots comprise the two mid-terrace houses at the south-east section of the site (the smallest of which has a front garden depth of only 3.2 metres and a rear garden depth of 7.2 metres). These gardens are smaller than the garden depths of the houses which were approved under the previous permission 08/00149/AMD which were 4 metre deep to the front and 9 metres deep to the rear. Although these dimensions fall short of the Council’s garden guidelines it is considered that the plot sizes are not unacceptably small in light of the wider acceptability of the site layout and the constraints due to levels. The two end terrace properties benefit from a generous amount of garden space to the side. The semi-detached houses benefit from garden ground that exceeds the minimum standards for space around dwellings. The private gardens will be relatively flat and not significantly affected by the natural slope of the site. The scheme will also benefit from landscaped areas and public open space with adequate open space provided adjacent to the block of flats.
8.6 Following consultation with the Play Services Manager it has been agreed that the provision of play areas requirement can be satisfied through a financial contribution (f27,250 which covers both this site and that subject to planning application 11/00551/AMD) for the upgrading of existing Council facilities at Clouden Road. This requires to be formalised through a Section 69 agreement which would be concluded before any planning permission is issued. The applicant has accepted both the need for the agreement and the amount.
8.7 Access and Parking- The residential units have a mix of 2 and 3 bedrooms. All of the semi-detached houses and one end terrace house will benefit from two private in- curtilage parking spaces, two of the terraced houses will benefit from one private space and the remaining mid-terrace house will utilise communal parking spaces within the application site. It is noted that the guideline parking requirements have been met for the overall development (with a total of 47 spaces being provided for 21 units). It is also noted that the previous planning permission for this site 05/00511/FUL provided 33 spaces for 22 units (all of which were on street) and 08/00149/AMD provided 30 spaces for 12 units (of the 12 houses only 7 had two in- curtilage parking spaces with the remainder being on street).
8.8 Footpaths- A ramped access to an underpass leading under Kildrum Road at the southern section of the application site will be retained. As a result of the proposed site layout existing footpaths will require to be stopped upjdiverted and accordingly the necessary orders will require to be obtained as covered by Condition 18.
8.9 Consultations- Traffic and Transportation has no objection to the application provided that several requirements are achieved. These requirements include access to the visitor parking area being taken via a dropped kerb access and the requirement for a delineation kerb to be provided, by the applicant, which will identify the difference between the proposed adopted footpath and the privately maintained footpaths surrounding the parking court. Roads have also stated that the 2 metre wide footway at the courtyard area of visitor parking should be constructed to accommodate vehicle loading. Where appropriate planning conditions have been added to help satisfy these requirements. Traffic and Transportation have also made comments highlighting that structures that retain the existing or proposed road/footpath network should be designed out. This has been added as an informative in order that it may be taken into account in any future roads construction consent. In relation to the comments from Play Services the applicant has agreed to make a contribution to the upgrade of existing play areas and this will be secured through a Section 69 agreement.
90 8.10 Two letters of representation have been received from residents of Maclehose Road expressing concerns that the redevelopment proposals do not provide sufficient parking for existing residents. This view was shared by the Ainsle Maclehose Residents Association. This could lead to confrontations and disagreements between new and existing residents.
Comment: It is considered that the layout proposed for this site (which is at the entrance to Maclehose Road) has sufficient parking to serve the development itself. The majority of the proposed dwellings have two in-curtilage parking and this coupled with the spaces provided in the proposed parking court means that it is considered that this development should not impact adversely on parking levels on Maclehose Road. With regards to the parking levels provided within the related development at Ainslie Road (1 1/00552/AMD) this has been assessed in detail and it is considered that the level of public parking provided within that development is acceptable and should mean that existing residents of Ainslie Road will have the opportunity to park in well located public parking areas within that development and as such will not be looking further afield for on street parking (for full details on this matter please see application report 11/00552/AMD also being reported to this committee). It is considered that the parking needs of the existing and the proposed future residents have been adequately addressed.
9. Conclusions
9.1 It is considered that the proposed residential development has an acceptable layout and a good standard of design. The proposal complies with Local Plan policies HG4 and HG3 in that the residential amenity and character of the area will be enhanced by the development.
8.3 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and will contribute to the welcomed regeneration of the general area. It is recommended that planning permission be granted for the construction of 14 dwellinghouses and 1 flatted block containing 7 flats at Ainslie Road, Kildrum, Cumbernauld.
91 Application No: Proposed Development:
1 1/00552/AMD Construction of 37 Houses (amendment to previous layout approved under permission 0510051 l/FUL) Site Address:
Site 2 Ainslie Road Kildrum Cum bernauld
Date Registered:
13th May 201 1
Applicant: Agent: Sanctuary Scotland Housing Association Andrew Gower 2 Tryst Road Mercat Building Town Centre 5th Floor Cumbernauld 26 Gallowgate G67 1JW Glasgow G1 5AB
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 004 Abronhill, Kildrum And The Village 15 letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The development layout and housing design are considered to be acceptable and will improve the residential amenity of the application site and the surrounding area. The impact on existing residential properties is considered to be acceptable. The proposal complies with the adopted Cumbernauld Local Plan, 1993.
This planning application will be subject to a Legal Agreement in relation to a financial contribution to upgrade existing local play facilities.
92 PLANNING APPLICATION 11/00552/AMD This map is reproduced from Produced by Ordnance Survey material North Lanarkshire Council wth the permission of Construction of 37 Houses (amendment to previous N and Environment Ordnance Survey on behalf layout approved under permission 05/0051I/FUL) Dalziel Building, of the Controller of Her Majerty‘s Stationery Offlce 8 Crown mpyrlght Unauthorised Site 2, Ainslie Road, Kildrum, Cumbernauld reproducbon infnnges Crow mpyrlght and may lead to pcwcutlcn or cwil proceedings Representation Site area = 1.80 North LanarkshireCcuncil * 100023396 2038 Q? fax 01698 403053 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2, That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:- (90)05, (90)06, (90)07, (90)10, (90)11, (90)12, (90)14, (90)15, (90)21 B, DR13002-1 B, (DR)3002-2 B, (EL)201-2 A, (ELj202-2 B, (EL)203-2 A, (EL)205-2 A, (EL)206-2 A, (EL)207-2 A, (EL)208-2 A, (EL)209-2 B, EL)210-2 B, (EL)211-2 C, (PL)1002 A, (PL)2000 REV Q, (PL)2002-1 C, (PL)2002-2 D, (PL)201-1 D, (PL)202-1 D, (PL)203-1 D, (PL)205-1 C, (PL)206-1 D, (PL)207-1 D, (PL)208-1 C, (PL)209-1 D, (PL)210-1 C, (PL)211-1 D and PL(2502)
Reason: To clarify the drawings on which this approval of permission is founded.
3. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.
Reason: In the interest of the amenity of the site and the general area.
4. That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-
(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site
Reason: In the interests of the visual amenity of the area.
5. That all works included in the scheme of landscaping and planting approved under the terms of condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of the visual amenity of the area.
6. That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-
(a) footpaths (b) parking areas (c) lighting (d) grassed, planted and landscaped areas (e) fences
94 Reason: In the interests of amenity by ensuring that communal area maintenance procedures are appropriate for the site.
7. That before completion of the last dwelling hereby approved, the management and maintenance scheme approved under the terms of condition 6 shall be in operation.
Reason: In the interests of amenity by ensuring that communal area maintenance procedures are appropriate for the site.
8. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with appropriate SEPA SUDS guidance.
Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.
9. That the SUDS compliant surface water drainage scheme approved in terms of Condition 8 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.
10. That no dwellinghouse hereby permitted shall be occupied until the road and footway adjacent to it have been constructed to basecourse standard and the road and footway shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: In the interests of traffic and pedestrian safety and the amenity of future residents.
11. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways and parking shall be completed to final wearing course.
Reason: In the interests of traffic and pedestrian safety and the amenity of future residents.
12. That before the development hereby permitted starts, a report describing the soil and ground conditions prevailing over the site (including details of the nature, concentration and distribution of any contaminants), shall be submitted to the Planning Authority and the works required in order to remove or render harmless these contaminants, having regard to the proposed use of the site, shall be agreed in writing with the Planning Authority and development of the site shall not be commenced until these works have been completed.
Reason: To ensure the proper treatment of the ground in the interest of health and safety.
13. That following completion of all works required under the terms of Condition 12, a certificate from a suitably qualified person or body shall be submitted to the Planning Authority confirming that all the necessary works have been carried out in full and to a satisfactory standard.
Reason: To ensure compliance with Condition 12 in the interests of health and safety.
14. That unless as may otherwise be agreed in writing by the Planning Authority, access to visitor parking courts should be via a dropped kerb vehicular access.
95 Reason: In the interests of traffic and pedestrian safety.
15. That before the development hereby permitted starts, details of the surfacing materials to be used for all roads, parking areas and footways to be provided within the development shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in the interests of the visual amenity of the site and the surrounding area.
16. That the first 2 metres of all driveways shall be fully paved, fall away from the road and include a drainage facility to prevent run-of on to the road.
Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the highway.
17. That, except as may otherwise be agreed in writing by the Planning Authority, no public roads or footways shall be stopped up or otherwise diverted until the necessary orders have been obtained and an agreed alternative route is open and available for use.
Reason: To ensure the provision of adequate and safe pedestrian facilities during all stages of construction of the development,
18. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
19. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
Backaround PaDers:
Representation Letters
Online representation from Mr. David Bothwell, 156 Ainslie Road, Kildrum, Cumbernauld received 24thMay 201 1 Email from Mr G Menzies, Ainslie Road, Kildrum, Cumbernauld received lgthMay 201 1 Online representation from Mr Paul Cameron, 132 Ainslie Rd, Cumbernauld, G67 2ED received 22"d May 201 1 Online representation from Mrs Aileen Mclntosh, 81 Maclehose Road, Kildrum, Cumbernauld received 23rdMay 201 1 Online representation from Mr James Hannah, 21 0 Ainslie Road, Kildrum, Cumbernauld received 24thMay 201 1 Online representation from Miss Gail Macdonald, 21 2 Ainslie Road, Kildrum, Cumbrenauld received 31st May 201 1 Online representation from Mr lan Pollard, 21 4 Ainslie Road, Kildrum, Cumbernauld received 19thMay2011 Online representation from Mr & Mrs lan Lawson, 136, Ainslie Road, Cumbernauld received 1St June 201 1 Online representation from Mrs Ann Webster, 154 Ainslie Road, Cumbernauld received 31" May 201 1 Online representation from Ms Jacqueline Mitchell, 30 Ainslie Road, Kildrum, Cumbernauld
96 received 3raJune 201 1 Letter from W.Mclntyre, 137 Maclehose Road, Kildrum, Cumbernauld received 15'h June 201 1. Letter from Mrs Dingwall, 143 Maclehose Road, Kildrum, Cumbernauld received 20thJune 201 1 Letter from Mr Frank Wilkie, 218 Ainslie Road, Kildrum, Cumbernauld received 20thJune 201 1 Letter from Mr William Connelly, 119 Maclehose Road, Kildrum, Cumbernauld received 21" June 201 1 Online representation from Mrs Elizabeth Costello, 214 Ainslie Road, Kildrum, Cumbernauld received 22 June 201 1
Other correspondence
Email requesting Site Visit & Hearing from J Mitchell 18'h June 201 1 Email confirming commuted sum and legal agreement from Sanctuary Homes dated 2gth June 201 1
Consultation Responses:
Email from Traffic & Transportation received 30thJune 201 1 Memo from Play Services received IdhJune 201 1
Contact Information:
Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 61 6394.
Report Date:
1lth July 201 1
97 APPLICATION NO. 11/00552/AMD
REPORT
1. Site Description
1.I The application site is approximately 1.95 hectares and is situated in an area of established housing. It previously contained a 1960’s flatted development that was recently demolished. The site is situated on a noticeable slope rising from the south to the north.
1.2 The site is surrounded by mainly residential properties with Kildrum Road bounding the site to the east. The site is accessed from Kildrum Road at the northern section and Ainslie at the southern section. To the south of the application site is Site 1A of the same development which is covered by application 11/00551/AMD.
2. Proposed Development
2.1 This application is an amendment to planning permission N/05/0051 I/FUL for the construction of 37 dwellinghouses and associated works. The housing mix, design and site and road layouts have been altered. This is a social housing application for the construction of 25 terraced and 12 semi-detached houses.
2.2 Vehicular access to the site will be taken from Ainslie Road and Kildrum Road. Following discussions and negotiations with the applicant revised plans have been submitted detailing parking within the development being achieved in the following manner - 72 private in-curtilage spaces and 33 public spaces provided in either on street parking bays or within parking courts.
2.3 The development will incorporate landscaped public areas. Ainslie Road will no longer be a continuous road leading from the northern section of the site to the southern section as a section of the road will be stopped-up. Two existing underpasses which go underneath Kildrum Road will be retained as part of the proposal. The underpass at the middle of the site which links Ainslie Road with Burn View will benefit from a proposed new ramp which will be situated adjacent to the existing ramp. The underpass at the northern section of the site will remain as per existing.
3. Applicant’s Supportina Information
3.1 A planning statement has been submitted to support the planning application. This statement considers the site as a whole and within the context of the wider area. It also outlines various aspects of the proposed development including site access, proposed materials, pre-application and community consultation, design justification and traffic and transportation considerations.
3.2 In particular, the applicant points out that that the level of public parking that will be provided is in excess of what would normally be required if this development were to be looked at in isolation. Instead of the 11 visitor spaces that would normally be required 33 public spaces have been provided. This coupled with the fact that the level of in-curtilage parking is greater than the layout approved under the terms of planning permission 05/0051 l/FUL means that the 33 spaces will be available for general parking. It should also be noted that within the layout proposed by 11/00551/AMD for the part of the site on Maclehose Road there will also be the opportunity for general parking within the parking court associated with this development.
98 4. Site History
4.1 Relevant previous planning decisions are as follows;
Planning application (05/0051I/FUL) for a Residential Development (1 19 Units) and Associated Infrastructure Works was granted on 14'h June 2006. This was for a wider application site covering the redevelopment of sites at Ainslie, Maclehose and Clouden Road. The current application site was included in this wider site, as was the site covered by application 11/00551/AMD (see below) and the site of the former Kildrum Primary School at Clouden Road.
Planning application (10/01159/AMD) for the Construction of 37 Dwellinghouses was previously withdrawn and replaced by this application. This was for the same application site.
Planning application (1 1/00551/AMD) for the Construction of 14 Dwellinghouses and a flatted block containing 7 flats (amendment to previous layout approved under terms of N/05/00511/FUL and 08/00149/AMD) has been submitted in conjunction with this current application and relates to the section of the original development site adjacent to Maclehose Road to the south of the site covered by this application.
5. DeveloDment 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 Cumbernauld Local Plan, 1993, the site lies within an area covered by Policy HG4 (Residential Amenity). Accordingly, all developments must not be detrimental to the residential amenity of the area.
6. Consultations
6.1 A summary of comments from consultees is as follows:
Traffic and Transportation has no objections subject to changes to the annotation on the plans (remove all reference to private roads and replace with private access) and a requirement that these areas will be accessed over a dropped kerb vehicular access and be managed and maintained by the applicant. Having reviewed the additional information provided they advise that the amended layout does provided for greater on-street parking compared to the layout that currently has planning consent. Despite this they are of the view that there will be less on-street parking to meet the demands of the existing residential properties which were catered for under the original constructed layout for Ainslie Road.
Play Services have advised that it is acceptable for the applicant to provide a financial contribution for the upgrading of an existing Council play area at Clouden Road.
7. Representations
7.1 15 representations have been received in relation to the application. Points of objection include parking, site access, the closure of a section of Ainslie Road, the retention of the middle pedestrian underpass and the impact on existing residents.
7.2 It is noted that a request for a Site Visit and Hearing has also been received on behalf of the Maclehose/Ainslie Residents Group who highlight concerns in relation to parking.
99 8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
8.2 DeveloRment Plan- Cumbernauld Local Plan 1993: The principle of housing on the site is supported by the local plan (Policy HG3 Residential Development) and HG4 (Residential Amenity). The site also already benefits from planning permission for redevelopment for residential use. The proposed development is considered to be in keeping with the character of the surrounding area and acceptable in terms of site layout, landscaping, access, scale and design and so complies with policies HG3 and HG4 of the plan.
8.3 Other material considerations- Finalised Draft North Lanarkshire Local Plan: The site is covered by Policy HCF2 (Sites for short term Housing Development) and has therefore been identified for housing in the plan and in the housing land supply provision. Accordingly, due to the reasons outlined in point 8.2 above, it is considered that the proposal complies with the emerging local plan.
8.4 Design- The design of the proposed houses is modern and considerably different from the surrounding 1960’s housing. It is considered that the development will contribute to the regeneration of the application site and the surrounding area. The overall layout has also been designed in a way that achieves amenity standards in respect to overshadowing and privacy.
8.5 Open Space and Gardens- It is considered that the majority of plots benefit from acceptable amounts of private garden space. Although some plot dimensions fall short of the Council’s garden size guidelines it is noted that this is compensated for by some plots which exceed the guideline standards. It is considered therefore that an acceptable balance is achieved in terms of garden sizes. The scheme includes areas of landscaping and sections of public open space
8.6 Following consultation with the Play Services Manager it has been agreed that the provision of play areas requirement can be satisfied through a financial contribution (f27,250 which covers both this site and that subject to planning application 11/00551/AMD) for the upgrading of existing Council facilities at Clouden Road. This requires to be formalised through a Section 69 agreement which would be concluded before any planning permission is issued. The applicant has accepted both the need for the agreement and the amount.
8.7 Access and Parking- Access to the northern section of the site will be taken from Kildrum Road and to the majority of the rest of the site from Kildrum/Ainslie Road. Part of Ainslie Road will require to be stopped up and therefore there will no longer be a through route through the site as it was in the original 1960’s layout and in previous planning applications. A stopping up order will be required and the applicant is aware of this. The residential units have a mix of 2, 3 and 4 bedrooms with all of the houses benefiting from two private in-curtilage parking spaces apart from two terraced properties which will have one space each and a terraced property which will have three spaces. For the 37 units a total of 105 parking spaces have been provided within the site. This is achieved in the following manner - 72 in-curtilage spaces and 33 on-street or public courtyard spaces. The level and manner in which the parking provision is achieved is considered to be better than that provided for by the previous planning permission for this site (05/0051l/FUL). This layout for 49 units provided 113 spaces with a much lower level of in-curtilage parking being achieved (42 spaces). As such although it perhaps appears that there will be more opportunity for public parking in the approved layout the reality is likely to be different with competing demand for the public spaces arising from both within the development and existing
100 residents. With regards to the layout now proposed, with the exception of two plots (plots 28 and 29) which have only one in-curtilage space the remaining 35 plots all have 2 in-curtilage spaces. As such the public spaces, which are well located and dispersed throughout the site, will have less demand placed on them meaning that they will be available for general parking and this would include existing residents of the area. As such the proposed layout is considered to be acceptable.
8.8 Footpaths- All the existing underpasses on the site will be retained. The underpass at the middle of the site which links Ainslie Road with Burn View will benefit from a proposed new ramp which will be situated adjacent to the existing ramp. The retention of the middle underpass followed negotiations with Sanctuary who initially proposed to shut it (as proposed in the withdrawn 2010 planning application). It is considered that the middle underpass provides useful links with pathways to the east of Kildrum Road. The underpass at the northern section of the site will not be altered as part of this proposal.
8.9 Consultations- Traffic and Transportation has no objection to the application and advise that the amended layout does provided for greater on-street parking compared to the layout that currently has planning consent. Despite this they are of the view that there will be less on-street parking to meet the demands of the existing residential properties which were catered for under the original constructed layout for Ainslie Road. Regardless of what the original parking levels were this is an application to amend a previously approved layout. For the reasons noted in point 8.7 above, it is considered that the demonstrated parking is acceptable in this case both in terms of in-curtilage and visitor parking. In relation to the comments from Play Services the applicant has agreed to make a contribution to the upgrade of an existing Council play area at Clouden Road and this will be secured through a Section 69 agreement.
8.1 0 Representafions- fifteen objections have been received in relation to the proposal. The points of objection can be summarised as follows:
0 Parking provision within the proposed scheme is inadequate and will worsen parking pressures in the area. Parking spaces that are currently used by existing residents are being removed and the spaces within the proposed scheme are designed to be used solely by residents of the new dwellings.
Comment: Following detailed discussions and negotiations with the applicant revised plans have been received that improves upon the level of public parking within the application site. The level of parking in the proposed development is considered to be acceptable and better than that which was approved by permissions 05/0051 I/FUL and 08/00149/AMD. It is considered that for the reasons stated in 8.7 above sufficient public parking will be provided in the proposed layout and this will be well located throughout the site. This parking will be available for general use.
0 Concern is raised with the closure of part of Ainslie Road which is used as a thoroughfare by existing residents. Concern is raised that this will restrict access of service and emergency service vehicles and will restrict access to existing houses.
Comment: Traffic and Transportation have no concerns in this regard. It is considered that the proposed scheme does not significantly worsen access to the application site or adjacent residential properties as the two accesses from Kildrum Road will be retained. Residents of houses to the north of the site will utilise the northern access from Kildrum Road and residents of houses to the centre and south of the site will utilise the southern access from Kildrum Road and Ainslie Road.
0 Existing residents have not been adequately consulted and engaged with by both Sanctuary Housing and North Lanarkshire Council.
101 Comment: The Council has carried out the correct neighbour notification as required by current legislation. As the application is classed as local within the development hierarchy the applicant was not obliged to conduct any form of pre-application consultation. It is noted, however, from the submitted supporting information that engagement with the local community has been undertaken by the applicant.
0 The proposal will result in a loss of value of existing residential properties.
Comment: House property values are not a material planning consideration. It is considered that the proposed development will enhance the residential amenity and character of the general area and lead to an improvement to its image and environment.
0 The question is raised as to why the existing middle underpass is being retained as part of the revised proposal.
Comment: It is noted that this underpass provides useful links with pathways to the east of Kildrum Road. The underpass was originally proposed to be closed up as part of the previous application however it was the opinion of both the Planning Authority and Traffic and Transportation section, that it should remain open to retain important pedestrian links. Following negotiations with the applicant it was agreed that the underpass would remain open.
9. Conclusions
9.1 It is considered that the proposed residential development consists of an acceptable layout and a good standard of design. The proposal complies with Local Plan policies HG4 and HG3 in that the residential amenity and character of the area will be enhanced by the development.
9.2 It is noted that the proposed development may place additional pressures on current parking provision in the area however the parking provision of the scheme is considered to be acceptable. It is noted that the parking provided within the application exceeds the minimum Roads standards.
9.3 Having taken account of all relevant matters it is considered that the proposal is acceptable for the application site and will contribute to the welcomed regeneration of the general area. It is recommended that planning permission be granted for the construction of 37 dwellinghouses at Ainslie Road, Kildrum, Cumbernauld.
102 Application No: Proposed Development:
11 /00590/LUC Storage Yard for Fencing Materials Site Address:
17 Bridge Street Longriggend Airdrie North Lanarkshire ML6 7SA
Date Registered:
31 st May 201 1
Applicant: Agent: Mr Alex Reid N/A 17 Bridge Street Longriggend Airdrie North Lanarkshire ML6 7SA
Application Level: Contrary to Development Plan: Other Application Level N/A
Ward: Representations: 7 Airdrie North No letters of representation received. Councillors Cameron, Coyle, McGuigan and Morgan,
Recommendation:
Refuse for the Reason that insufficient evidence has been submitted to prove that, on the balance of probability, the storage yard has been at this location and in use continuously for the last 10 years.
Backaround Paoers:
Representation Letters
None
Consultation Responses:
None
Contact Information: Any person wishing to inspect these documents should contact Mr William Shand at 01236 81 2231
Report Date: 4th July 201 1
103 Planning Application IlB059O/LUC
Storage Yard for Fencing Materials
17 Bridge Street, Longriggend, Airdrie APPLICATION NO. 11/0059O/LUC
REPORT
1. Site Description
1 .I The application for a Certificate of Lawfulness for Existing Use relates to an area of land adjacent to 17 Bridge Street, Longriggend. The site is situated within a predominantly residential area and is bordered by dwellings to the north, south and east and fields to the west. Although the site itself is flat, the road to the front is on a slight gradient and thereby the site is partially screened due to the elevation of the road. The site takes direct access onto Bridge Street at the point where the road is level with the site.
2. Claimed Lawful Development
2.1 The site is currently in use as a storage yard for building materials. The building materials are openly stored on site with no structures or boundary treatment in place to screen the site. A metal railing is positioned partly along the front of the site however this does act as a screen but is more of a protective measure due to the differing levels between the road and the site. The applicant claims that this site has been in operation for at least 10 years. 3. Applicant’s Supportinu Information
3.1 In order to support their claim that the site has been in use for 10 years the applicant has provided the following information:
Supporting letter detailing the significance of each document 0 Land Certificate indicating when the land was purchased 0 Receipt for the purchase of a JCB
4. Site History
4.1 Planning permission was approved for a dwellinghouse and a garage (02/00228/FUL) at 17 Bridge Street, Longriggend in 2002. A previous outline application for a similar proposal had been withdrawn in 1999.An application (03/00564/FUL) was received in 2003 to remove condition 8 of the planning permission for the dwellinghouse which required the provision of a footway. This application however was refused as a footway was considered necessary. The area of land currently being used for a storage yard falls within the application boundary for the above applications.
5. Development Plan
5.1 The development plan policy is not relevant to this type of application.
6.
6.1 No consultations were undertaken as part of this application.
7.
7.1 Although there is an opportunity to carry out neighbour notification for this type of application this was not considered necessary in this instance. As a result no letters of representation were received to this application.
105 8. Plannina Assessment
8.1 The relevant test of the evidence on such matters is the ’balance of probability’ not the stricter, criminal burden of proof ‘beyond reasonable doubt’. The appropriate legislation is the Town and Country Planning (Scotland) Act 1997, Sections 150 to 152. The development plan is not a material consideration, as it is the lawfulness of the development which is being assessed and not its acceptability.
8.2 The main consideration for this application is whether the site has been used as a storage yard for at least 10 years. Currently there is no dubiety over the site’s current use as a storage yard for fencing materials. In order to support the application the applicant has provided two documents relating to the site. The first document is a land certificate issued to the applicant when the land was bought in 1999. This certificate does not indicate that the applicant has bought any particular type of land and does indicate the land use at this time. Therefore the certificate adds no weight to their case as although they bought the land in 1999 this certificate does not indicate that at that time it was a Storage Yard. The second document is a receipt for the purchase of a JCB in 2002 which the applicant indicates in the corresponding letter was used to further clear the land of the storage yard. This document however does not indicate what the JCB was bought or used for and therefore does not support the case. Even if evidence had been provided to show that the JCB was used in connection with the site, as it was bought in 2002 this would only provide evidence that the storage yard had been in place for 9 years rather than the required 10. It is therefore considered that the applicant has not provided enough supporting documentation to prove on the balance of probabilities that the site has been in use as a storage yard for 10 years.
8.3 The applicant also submitted a supporting letter which indicates that the site has been used as a storage yard since 1999 and around this time SEPA made enquiries with regards to the storage of materials. The applicant however has not provided any correspondence to this accord. The letter indicates that although they have no documentation in terms of rates bills or similar many local people and individuals within the planning service will be aware that the use has been in place for 10 years. The site does have a documented planning history which is associated with the building of the dwellinghouse at 17 Bridge Street. Planning permission was approved in 2002 for the erection of a dwellinghouse and therefore if the storage yard was in place at that time then it may have been recorded during consideration of the planning application. In consulting the planning records and officer report there is no indication that the dwelling was proposed to be within or adjacent to a storage yard. Therefore the planning application records for this site would not support the applicant’s assertion that the site has been in use as a storage yard for 10 years.
8.4 Additional information is also held within the planning records with regards to this site. In 2005 a complaint was received which stated that the dwelling had been constructed at 17 Bridge Street and that a storage yard had been formed adjacent to it. No action was taken with regards to the site however the contents of this letter would not support the applicant’s case as it suggests that the storage yard is only approximately 6 years old and not the required 10. In addition to this the council’s Geographical Information System has aerial photographs which are circa 2000. These photographs do not show the storage yard to exist at this time which would not support the applicant’s statement that the storage yard was formed in 1999. These photographs however could not be used as evidence against the storage yard being 10 years old given their age. The information held by the Planning Authority therefore would not support the information submitted by the applicant that the storage yard has been in place for 10 years.
106 9. Conclusions
9.1 In conclusion, having regard to the foregoing it is accepted that the site currently operates as a storage yard for building materials however it is considered that sufficient information has not been provided to ascertain that on the balance of probabilities the site has been used in this manner for 10 years. The use of this land as a storage yard for building materials is not considered lawful at this time and thereby it is recommended that the application for a Lawful Use Certificate be refused for the noted reason. Should the Council accept this recommendation then the matter will be presented to committee again in order to seek an appropriate planning enforcement response.
107 Application No: Proposed Development:
11/00613/FUL Single Storey Side Extension Site Address:
2 Dunnachie Drive Kirkwood Coatbridge North Lanarkshire ML5 5SB
Date Registered:
13th June 201 1
Applicant: Agent: Mr Tom Maginnis Richard Moss 2 Dunnachie Drive 6 Doune Park Way Coatbridge Coatbridge ML5 5SB ML5 4EQ
Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 009 Coatbridge West No letters of representation received. James Smith, Thomas Maginnis, Paul Welsh,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed extension is of an acceptable design and will not adversely affect the character of the surrounding area. In this respect the extension complies with the Monklands District Local Plan in respect of Policy HG9 (Housing policy for Existing residential areas) and the associated Design Guidance on House extensions.
108 Planning Application U1 1100613RUL
Single Story Side Extension Fbt to Scale 2 Dunnachie Drive,fly0 o d , Coatb rid ge Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That the development hereby permitted shall be carried out strictly in accordance with the approved details (Plan ref: 34/11/01 Rev.A) submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006.
4. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
Backaround Paoers:
Representation Letters
None
Consultation Responses:
None
Contact Information:
Any person wishing to inspect these documents should contact Mr lan Johnston at 01236 8 12382
Report Date:
28th June 201 1
110 APPLICATION NO. 11/00613/FUL
REPORT
1. Site Description
1.1 The application property is addressed as 2 Dunnachie Drive, Kirkwood, Coatbridge and is a two storey end terraced dwelling house within an established local authority residential area. The site fronts onto Dunnachie Drive at its junction with Craigend Drive and the surrounding properties are all of a similar age and character.
2. Proposed Development
2.1 It is proposed to construct a single storey side extension with a floor area of 16.1 metres square. The new build will be of pitched roof construction, externally finished to match the main dwellinghouse and will incorporate a single window on the front elevation and a single window with adjacent single door on the rear elevation. The extension is proposed to accommodate a Dining Area which will be internally accessed from the existing Kitchen area.
2.2 To accommodate the proposed extension an existing large tree will require to be felled.
2.3 This application has been referred to the Planning and Transportation Committee in accordance with the Council’s adopted scheme of delegation as the applicant is an elected member of the Council.
3. Applicant’s Supportina Information
3.1 None submitted.
4. Site History
4.1 No relevant planning history.
5. Development Plan
5.1 The application is not of strategic significance and can therefore be assessed against the adopted Monklands District Local Plan 1991. The application site is located within an area covered by policy HG9 (Housing Policy for Existing Residential Areas)
6. Consultations
6.1 No consultation responses.
7. Representations
7.1 Following the standard neighbour notification process no letters of representation were received.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
7.2 DeveloDment Plan - Monklands District Local Plan 1991: Policy HG9 (Retention of Residential Amenity) protects the residential character of existing areas while the associated Design Guidance on House Extensions provides for design standards. The proposed extension is of an acceptable design and will have an acceptable
111 impact on the residential amenity of the application site and the surrounding area. The proposal therefore complies with the Local Plan.
7.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan (FDNLLP): The emerging local plan is a material consideration. The zoning of the site does not change in this plan and the development is considered to accord with policy HCF1 A Protecting Housing and Community facilities (residential amenity). Policy DSP4 (Quality of Development) seeks to ensure that developments are well designed and do not have an adverse impact on neighbouring amenity. The proposal complies with this policy for reasons explained below.
7.4 Extension Design: The proposed extension is of an acceptable design and will not unbalance the appearance of the house. Being single storey the extension will be subsidiary in appearance to the main house. The design is acceptable in scale, will not face directly onto any neighbouring property or result in a significant loss of sunlightldaylight to surrounding buildings. An acceptable level of garden ground will remain and in curtilage parking levels will be unaffected. The extension design is considered acceptable.
7.5 Loss of Tree: It is disappointing that to accommodate the proposal a large mature tree will require to be removed although this tree is positioned at an isolated location, although visually prominent from the site frontage, and its loss is not considered unacceptably detrimental either to the application site or the surrounding environment.
8. Conclusion
8.1 The design is acceptable and the extension does not adversely affect the local residential amenity. The proposed extension accords with the local plan and it is therefore recommended that the application be approved subject to the attached conditions
112 Application No: Proposed Development:
11 /00628/FUL Change of Use of Open Space to Private Garden Ground and Erection of new Boundary Fence
Site Address:
110 Cedar Road Abron hill Cumbernauld G67 3BJ
Date Registered:
2ndJune2011
Applicant: Agent: Mr lain Westwater N/A 110 Cedar Road Abronhill Cumbernauld G67 3BJ Contrary to Development Plan: Application Level: No Local Application
Ward: Representations: 004 Abronhill, Kildrum And The Village No letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston
Recommendation: Approve Subject to Conditions
Reasoned Justification:
It is considered that the visual impact of the proposal and its impact on the residential amenity of the application site and surrounding area will be acceptable. The potential impact on neighbouring residential properties is considered to be satisfactory. The proposal complies with the adopted Cumbernauld Local Plan, 1993.
113
Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the location plan which is duly stamped approved.
Reason: To clarify the drawings on which this approval of permission is founded.
3. 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. Except as may otherwise be agreed in writing by the planning authority the wall facing Cedar Road will be extended to enclose the rear of the garden ground extension.
Reason: In the interest of the amenity of the site and the general area.
4. That before the development hereby permitted is brought into use, any boundary fencing shall be erected good side out, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interest of the amenity of the site and the general area.
5. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
6. That within 4 weeks of completion of all building works on site, of the development hereby permitted, a Notice of Completion shall be submitted to the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
Backaround PaDers:
Representation Letters
None
Consultation Responses:
None
Contact Information:
Any person wishing to inspect these documents should contact Mr Barry Clarke at 01236 61 6394.
Re ort Date: 11'R July 201 1
115 APPLICATION NO. 11/00628/FUL
REPORT
1. Site Description
1.I The application is for the change of use of an area of green open space to private garden ground within an established residential area to the north-west of 110 Cedar Road, Cumbernauld. The grassed area of land is currently under the ownership of North Lanarkshire Council.
1.2 The surrounding area is characterised by residential properties. An area of green open space will remain adjacent to the application site. The overall grassed area, of which the application site comprises part of, is considered to be a well maintained area of public open space however its recreational value would appear to be limited.
2. Proposed Development
2.1 The application site is approximately 65 square metres in area. It will be incorporated into the garden ground of 110 Cedar Road. The applicant has stated that the boundary treatment around the extended area of garden ground will comprise a 1.8 metre high boundary fence.
3. Site Historv
3.1 There is no relevant planning history for this property.
4. Development Plan
4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
4.2 In the adopted Cumbernauld Local Plan, 1993, the site lies within an area covered by Policy HG4 (Residential Amenity). Under this policy developments should not be detrimental to local residential amenity.
5. Representations
5.1 No representations have been received in relation to this application.
6. Plannina Assessment
6.1 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.
6.2 Develoment Plan Cumbernauld Local Plan 7993: Policy HG4 (Residential Amenity) applies in this case and states that proposals should not detract from local residential amenity. As a residential use, it is considered that the proposal is not contrary to this policy and for the reasons detailed below, it will have an acceptable impact on the residential amenity of the application site and the surrounding area.
6.3 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The development is considered to comply with Policy HCF 1A (Residential Amenity) in the Draft Plan in that it will have an acceptable impact on the residential amenity of the surrounding area.
6.4 Impact on Residential Amenity - It is considered that the area of the land that is to be converted to private garden ground is of a modest size and of limited amenity value and recreational use. An adequate amount of public open space will remain adjacent
116 to the application site after the garden ground extension. The proposal, accordingly, is considered to be acceptable and will integrate satisfactorily with its surroundings. The proposal will have no adverse impact on access or on road traffic matters. It is also considered that the proposal would not therefore set an unacceptable precedent for future similar developments.
6.5 The details of the proposed boundary fence are unknown and therefore further information is required by the applicant, covered by a planning condition. It is noted the boundary treatment is to comprise a close boarded timber fence then this should be erected good side out, given the very public nature of the site and this has also been covered by planning condition.
6.6 The applicant has been advised that from a visual amenity point of view it would be preferable for the south-eastern boundary of the garden ground extension to comprise a 1.8 metre concrete wall to keep it consistent with the remainder of the terraced row. The applicant has verbally advised that their preference in terms of cost would be for a fence but if required from a visual amenity point of view they would construct a wall. Whilst a wall would be preferable an appropriately designed fence may also be suitable. In the absence of further details on boundary treatments it is and therefore proposed that under the terms of condition 3 (on submission of boundary treatment details) these details may be discussed and finalised.
7. Conclusions
7.1 It is considered that the proposed garden ground extension will not have an unacceptable impact on the residential amenity of the site or the general area. The proposed garden ground extension is of a relatively modest size and will not result in a disproportionate plot size in relation to surrounding properties. The land, at present, would appear to have limited use and amenity value as public open space.
7.2 Having taken account of all relevant matters it is considered that the proposal is acceptable both for the application site and for the general area. The proposal is not contrary to Local Plan policy. It is recommended that planning permission be granted for the change of use from open space to private garden ground at 110 Cedar Road, Cum bernauld.
117 Application No: Proposed Development:
11/0063O/FUL Erection of a 60 metre Meteorological Mast for Temporary period of three years
Site Address:
Damhead Farm Bowhouse Road Airdrie ML6 8PW
Date Registered:
2nd June 201 1
Applicant: Agent: WhiteRock Energy Ltd Logan PM C/O Logan PM 8 Manor Place 8 Manor Place Edinburgh Edinburgh EH3 7DD EH3 7DD Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 1 Airdrie South 0 letter(s) of representation received. Michael Coyle, Thomas Curley, David Fagan, John Love,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The temporary meteorological monitoring mast would be installed for a 3 year period and is in accordance with the terms of the development plan and Finalised Draft North Lanarkshire Local Plan. The mast is required to monitor wind speeds to allow assessment of the viability of a consented single wind turbine at the locality. The mast installation would have no significant impacts.
118 This map is reproduced from Produced by Ordnance Survey material PLANNING APPLICATION 11/0063O/FUL North Lanarkshire Council wth the permwon of Planning and Environment Department. Ordnance Survey on behatf of the Controller of Her Majesty's Erection of a 60 metre Meteorological Mast Stationery Offm Q Crown mpyrlght Unauthonsed for Temporary period of three years reproducbon infringesCrown win copyright and may lead to council prosecutlon or CNII proceedings Damhead Farm, Bowhouse Road, Airdne North LanarkshireCouncil 10002339s 2008 fax01698403053 Proposed Conditions:-
1. That the permission hereby granted is for a temporary period only and shall expire on 20 July 2014. Thereafter the mast and supports shall be removed and the site restored to the satisfaction of the Planning Authority
Reason: To define the terms of the temporary permission and to ensure the site is satisfactorily restored.
2. That the development hereby permitted shall be carried out strictly in accordance with the approved drawings.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That before the meteorological mast is installed; bird flight deflectors (BFDs) shall be fitted to all support guy wires at 6 metre spacing to the satisfaction of the Planning Authority.
Reason: To minimise collisions of sensitive bird species at this locus.
4. That should construction works commence during the bird breeding season (April to August) the surrounding site area shall be surveyed by a qualified ecologist for nesting birds and appropriate protection areas shall be maintained until construction works are completed.
Reason: To minimise disturbance to breeding birds during the construction phase.
5. That if any unsuspected contamination becomes evident during the excavation works, this shall be immediately brought to the attention of the Planning Authority and a detailed site investigation shall be undertaken to determine the extent and nature of the contaminant(s). A site-specific risk assessment of any associated hazards and remediation measures shall then be submitted for the consideration and approval of the Planning Authority.
Reason: To establish whether or not site decontamination is required in the interests of the amenity.
6. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).
7. That no works shall commence on site until it has been formally agreed in writing by North Lanarkshire Council as Planning Authority, in consultation with Ofcom, that the proposed Meteorological Mast does not unacceptably interfere with any telecommunication signals.
Reason: To ensure that telecommunication signals are not unacceptably adversely affected by the development
8. That no development shall commence on site until a full site specific construction management and restoration statement (CMRS) (including plans) is submitted to and approved by the Planning Authority. Specifically the statement shall address the following and the construction of the development shall be carried out in accordance with the agreed details:
How any contaminated land will be dealt with; treated and disposed of as necessary. The mitigation measures identified and agreed under the terms of condition 4
120 above 0 Details of how the site would be accessed from the public road including details of any proposed access arrangements required for construction vehicles using the public road. 0 Details of the storage of construction fuels and materials. 0 Temporary SUDS measures to protect adjacent watercourses during the construction period. 0 Post construction site clearance works. 0 Post development site reinstatement works
Reason: To enable the Planning Authority to consider these aspects in the interests of amenity and to safeguard wildlife habitats at the locus.
Backaround Papers:
Representation Letters
None
Consultation Responses:
BAA Aerodrome Safeguarding National Air Traffic Services (Safeguarding) Mailbox 25, 400 Ministry of Defence Estates Wind Farm Enquiries (Ofcom) Scottish Natural Heritage Traffic and Transportation Landscape Services Greenspace Services
Contact Information:
Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 61 6459
Report Date:
6th July 201 1
121 APPLICATION NO. 11/0063O/FUL
REPORT
1. Site Description
1.I Planning permission is being sought for a temporary period of 3 years for the installation of a 60m high meteorological mast at a site located at Damhead Farm Farm, Bowhouse Road, Chapelhall Airdrie.
1.2 The site area extends to some O.lha and is situated approximately 250m to the southwest of Damhead Farm within an area of hill-top grazing land. The site forms part of a larger hillside which overlooks the Chapelhall area to the west and the Petersburn housing area Airdrie, approximately 1km to the north. The neighbouring Bowhouse Farm is located approximately 500m to the west of the development site. The surrounding landscape is characterised by hedgerows and tree planting areas along existing field boundaries. High voltage electricity pylons are located to the east of the site.
2. Proposed Development
2.1 The mast would consist of a 60 m high steel post supported by guy wires with apparatus for measuring wind speed attached at 5 separate heights on the mast. 24 separate guy wires would be provided to anchor the mast. The mast is required by the developer for a period of 3 years in order to monitor wind speeds at the site to assist in gauging the potential for renewable energy sources at this site.
2.2 Construction vehicles would access the site area from existing farm tracks which traverse the area to the north and east of the site. Vehicles would then traverse the grazing land to the site of the mast. The mast guy wire supports would be fastened to concrete bases or by anchor pins. As limited hard standing areas would be formed the developer does not anticipate any flooding issues from surface water run-off to the Clattering Burn located some 200m to the east.
3. Applicant's Suwortina Information
3.1 The applicant provided details of the mast construction including site plan, showing anchor points, and elevation detail showing the galvanised guy wires.
4. Site History
4.1 07/00809/FUL Construction of Wind Turbine (Maximum Height to Blade Tip 99.7m) was granted planning permission on 1" July 2010 following a referral to Scottish Ministers in accordance with the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2003.
4.2 The proposed meteorological monitoring mast is required in support of the approved turbine at Damhead Farm.
5. Development Plan
5.1 The application site is located within an area designated as GBI (Restrict Development in the Greenbelt) in the Monklands District Local Plan 1991. Policies LI 1/2 Good Quality Landscape is also relevant.
6. Consultations
6.1 Ofcom advised that various fixed link telecommunication operators apparatus may be affected by the proposed mast. Joint Radio Company (JRC) confirmed there would
122 be no impacts on radio link infrastructure operated by Scottish Power or Scotia Gas Networks.
6.2 SEPA had no objection to the proposals subject to the proposals compliance with SEPA regulations.
6.3 There was no objection from BAA, NATS or Defence Estates Safeguarding in respect of air traffic safeguarding.
6.4 SNH had no objection provided the mast guy support wires be fitted with bird deflectors to increase their visibility to low flying bird species and these should be replaced if damaged or dislodged. SNH also suggested that if construction works commence during the bird breeding season then the site should be firstly checked by an experienced ecologist for any breeding birds and if nests are found, a suitably sized buffer zone should be set up to ensure such nest sites are not disturbed during the construction period.
6.5 Greenspace Services had no objection provided the mast support wires were fitted with bird deflectors and that should construction works commence during any bird breeding season that a qualified ecologist survey the area to determine if any protection areas need to be established during the construction period. 6.6 Landscape Services had no objection to the proposals provided the site was restored after the mast was rmoved. 6.7 Protective Services requested that a desktop study should be carried out in respect of ground stabilitylcontamination which should be covered by a condition of any planning permission.
6.8 Traffic and Transportation had no objection to the proposals subject to the provision of further information on how the site would be accessed from the public road.
7. Remesentations
7.1 No letters of representation were received.
8. Plannina Assessment
8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan, unless material considerations indicate otherwise. The application raises no strategic issues.
8.2 DeveloDment Plan Monklands District Local Plan 7991. Whilst there are no specific references to wind farm developments or to development associated with such infrastructure within the local plan, the terms of policy GBI (Greenbelt) needs to be taken into consideration. Whilst policy GBI states that no development will be permitted except in connection with forestry or agriculture other forms of development requiring a rural location may be considered acceptable provided there is a specific locational need for it. In this regard the proposed wind monitoring mast is required to record wind speeds for a consented single turbine at Damhead Farm (07/00809/FUL). It is therefore considered that there is a specific locational need for the mast at this location and therefore the proposals accord in principle with the terms of policy GBl.
8.3 Policy LI 1/2 (Good Quality Landscape) sets out to encourage landscape improvements schemes where possible. However given the relatively small scale and temporary nature of the mast proposal, a landscape enhancement scheme is not essential or justified in this instance.
8.4 Taking into account the above, the proposal can be considered to generally accord with the relevant policies within the local plan and there are no policies which would
123 presume against it.
8.5 Other Material Considerations: The Finalised Draft North Lanarkshire local Plan: The application site is located in the Greenbelt and is zoned as NBE 3 Assessing Development in the Greenbelt and Rural Investment Area in the Finalised Draft North Lanarkshire Local Plan 2008. As the proposal is directly related to the potential development of a single wind turbine it is considered consistent with policy NBE 3. It has been demonstrated there is a specific locational need and there would be no undue infrastructure implications or significant impact on the environment.
8.6 All development proposals are subject to assessment against Development Strategy Policies DSP 1, DSP 2, DSP 3 and DSP 4 as follows:
DSP 1 Amount of Development: This relates to planned land supplies and is not of relevance to this proposal.
DSP 2 Location of Development: The proposals are considered to be consistent with the relevant locational criteria in SPG DSP 2.
DSP 3 Impact of Development: The proposals would have no significant impact on environmental infrastructure and as such are consistent with SPG DSP 3. It is not considered that the proposals would lead to any flooding issues from surface water run-off to a water course which is located 200m to the east of the site.
DSP 4 Quality of Development: Although the proposed meteorological monitoring mast would be a temporary development, and may be visible from outlying residential areas some distance from the site, the proposals would have no detrimental impact on landscape or biodiversity interests and avoid all impacts on any archaeological or historic environment resources. Moreover there would be no unacceptable impacts on residential amenity. It is not considered that the proposals would lead to any flooding issues from surface water run-off to a water course which is located 200m to the east of the site.
8.7 Consultations 8.8 There was no objection from Joint Radio Company (JRC) in respect of impacts on telecommunications apparatus however Ofcom identified that several fixed link telecom links may be affected by the proposed wind monitoring mast. It is considered that such impacts may be covered by planning condition. 8.9 SEPA had no objections. 8.10 There was no objection from BAA, NATS or Defence Estates Safeguarding in respect of air traffic safeguarding. 8.1 1 SNH had no objection provided the mast guy support wires be fitted with bird deflectors to increase their visibility to low flying bird species and these should be replaced if damaged or dislodged. They also advised that if construction works commenced during the bird breeding season then appropriate protection buff er zones should be set up during the construction period. Such arrangements can be covered by condition. 8.12 Greenspace Services had no objection provided the mast support wires were fitted with bird deflectors and that should construction works commence during any bird breeding season that a qualified ecologist survey the area to determine if any protection areas need to be established during the construction period. This requirement may be covered by condition. 8.13 Landscape Services had no objection subject to the site being restored following the removal of the temporary mast.This requirement could be covered by condition. 8.14 Traffic and Transportation had no objection but requested further information on how the site would be accessed from the public road. In this regard the agent has advised that adjacent existing farm tracks would be used and then construction venhicles
124 would cross the grazing land to the site. No additional tracks would be created. 8.15 Representations There were no representations
9. Conclusions
9.1 The proposed 60m high meteorological monitoring mast would be installed for a temporary period of 3 years to allow the developer to assess the viability of the site to support an associated wind turbine development. The site would be restored after this period. The proposals are in accordance with the terms of the development plan as there is a specific locational need and the mast would have no significant impact. The proposals are also supported under the terms of the FDNLLP as a development related to renewable energy proposals. The potential bird collision protection measures noted by Greenspace Services and SNH can be covered by condition. In addition, a planning condition would address potential interference with telecom links which cross the site area. It is therefore concluded that the proposals are acceptable and it is recommended that planning permission be granted subject to condition.
125 Application No: Proposed Development:
1 1/00633/FUL Change of Use of Open Space to Garden/Driveway and Erection of 2 No 2 Metres High Gates Site Address:
Ground North West Of 8 Pickerstonhill Newarthill Motherwell ML1 5BW
Date Registered:
15th June 201 1
Applicant : Agent: Ms Lynsay McCappin NIA 8 Pickerstonhill Newarthill Motherwell ML1 5BW Application Level: Contrary to Development Plan: Local Application No
Ward: Representations: 01 7 Motherwell North None Annita McAuley, Helen McKenna, Peter Nolan, Gordon Stewart,
Recommendation: Approve Subject to Conditions
Reasoned Justification:
The proposed development meets the criteria set out in the relevant policies contained within the Southern Area Local Plan 2008 and the Finalised Draft North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the property and the surrounding residential area.
126 TLkrnlpb iprodioedlm Produced by Odlarrm SI ueyrnak rBI PLANNING APPLICATION II I 00633 I FUL NDrh Lanarteshire Counal urn tkrprmlbblo? 1 Odralci ~~ueyolbelaw dtla Cortnlk rp1tk r IslesVs Change of Open Space to GardenIDrkeway seaDreryomm.ocraul and Erection of 2 No 2 MetresHigh Gates qrlgbt Uralilorbed iprodiotbi 1111ltgsCrowr qyrlgitardrnqkadto Ground North West Of 8 Pickerstonhill, Newarthill pmeciasi orcriiprormrdirgr. t&nb Larall(siirecoIicii impzas zme t401898 274274v tax 01898 403053 137 Proposed Conditions:-
1. That the development hereby permitted shall be started within three years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc (Scotland) Act 2006.
2. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.
Reason: To clarify the drawings on which this approval of permission is founded.
3. That the development hereby permitted shall not start until a Notice of Initiation has been submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006).
4. That within 4 weeks of the development hereby permitted being occupied or brought into use a Notice of Completion shall be submitted to the satisfaction of the Planning Authority.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006, to monitor the development, to enable the Planning Authority to retain effective control.
5. That the proposed gates as shown on the approved plans must be constructed to open inwards to the site and must be maintained as such to the satisfaction of the Planning Authority.
Reason: In the interests of road and pedestrian safety.
6. That the first 2 metres of the proposed access, beyond the limit of the adjoining communal parking area, shall be surfaced in an impervious material, to be approved in writing by the Planning Authority before the start of works on site.
Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out onto the lock up parking area.
Backaround Papers:
Representation Letters
None
Consultation Responses:
Email from Transportation received 1 July 201 1 Email from Property Services on Pre Application Enquiry dated 28'h February 201 1
Contact Information:
Any person wishing to inspect these documents should contact Ms Suzanne Cusick at 01698 2741 02
Report Date: 8th July 201 1
128 APPLICATION NO: 11/00633/FUL
REPORT
1. Site Description
1.1. The application site is an area of extremely overgrown open space to the North West of 8 Pickerstonhill surrounded by a 2 metre high timber slatted fence on the south and west boundaries and a 1 metre high timber fence on the east boundary. A one metre high metal fence and 1 metre high stone wall are located on the northern rear boundary. The site measures approximately 36 square metres and there is a south- north downward slope. The landlocked site is bordered by the rear gardens of No 8 Pickerstonhill, No10 Pickerstonhill and a row of Council owned lock up garages used by neighbouring residents. The land is currently under the ownership of North Lanarkshire Council.
2. Proposed DeveloDment
2.1, It is proposed to incorporate the land into the rear garden ground of 8 Pickerstonhill. The applicant proposes to remove the existing Im high boundary treatment on the east boundary and replace it with a 2 metre high timber fence. The removal the existing wall and metal fence on the northern boundary would be replaced by two 2 metre high timber gates wall to allow vehicular access to be formed from the hard standing adjacent the lock up garages.
3. Applicant’s Supportinu Information
3.1 None
4. Site History
4.1 10/00850/PREAPE Convert Open Land to Driveway, advised planning permission required on 29 March 201 1.
5. Development Plan
5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.
5.2 The site is zoned as HSG7 (Established Housing Areas) in the Southern Area Local Plan.
5.3 The site is zoned as HCF 1A (Residential Amenity) in the Finalised Draft North Lanarkshire Local Plan.
6. Consultations
6.1 Transportation confirmed they have no objections to the proposed sale of this land to form an access to a driveway and garden ground.
6. Representat ions
No letter(s) of representation received.
7. Plannina Assessment
7.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and, as such, requires to be assessed against the Local Plan Policies. In this
129 instance the Southern Area Local Plan 2008 is relevant, with the site being zoned as HSG7 (Established Housing Areas), Policy TR13 is also relevant. Policy HSG 7 seeks to protect the character and amenity of housing areas by opposing development that would be incompatible within a residential setting. It is considered that the use of the land as garden ground and a driveway is, in principle, compatible with a residential setting. In this instance it is considered that the amenity of the site will be acceptably maintained as the land is not of any significant landscape quality its incorporation into the adjacent garden will not impact on the wider streetscape. Lastly, the open space is not used for passive leisure and therefore no detriment will be fat by its’loss in this regard. As such, the proposals are held to comply with policy HSG7.
7.2 Policy TR13 requires assessment of development in terms of impact upon road safety. In this case the site is on an incline and will take access across an area of hardstanding to the rear of the site. Transportation has advised that the proposed access to the driveway raises no concerns and that it will not adversely impact upon driver visibility. Conditions are attached addressing access and surface material requirements. It should be noted that Property Services have indicated that they have no objections to the access proposed across NLC land.
7.3 With regard to the Finalised Draft North Lanarkshire Local Plan (FDNLLP), the application site is zoned as Policy HCF 1A (Residential Amenity) however the policy position remains substantially unaltered from the adopted local plan.
8. Conclusions
8.1 The proposed development meets the criteria set out in policies HSG7 and TR13 of the Southern Area Local Plan 2008 and complies with the relevant policies of the Finalised Draft North Lanarkshire Local Plan. The proposed development is acceptable in terms of its impact upon the property and the surrounding residential area.
130