DEPARTMENT OF PLANNING AND DEVELOPMENT
Planning Applications for consideration of Planning and Development Committee
Committee Date : 14th January 1998
Ordnance Survey maps reproduced from Ordnance Survey with the permission of HMSO Crown Copyright reserved APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 14TH JANUARY, 1998
Page No. Application No. Applicant Development/Locus Recommendation
4 N/97/00277/OUT Bett Homes Ltd Residential Development, (in outline) Woodend Refuse Farm, Kilsyth.
11 N/97/00279/FUL Derek Diamond Erection of Flatted Residential Building, (16 units) Grant 109 Cumbernauld Road, Stepps.
20 N/97/0028 1FUL Z Hussain Installation of Shopfront, 11 Main Street, Kilsyth. Refuse
25 N/97/00293/NID North Lanarkshire Council Extension to School, Kilsyth Academy, Kilsyth. Note
28 N/97/00304/FUL Scottish Enterprise Service Strip and Footpath, south side of existing Grant B8048, Orchardton Woods, Cumbernauld.
31 N/97/003 14FUL Isola Ltd Extension to Factory, 2 Wyndford Road, Grant Cumbernauld.
38 N/97/00326/FUL Mr J Wilson Erection of Two Dwellings, Auchinstarry Farm, Grant Auchinstarry, Kilsyth.
44 N/97/00327/FUL Barratt West Scotland Erection of 170 Houses, Formation of Roads, Grant Landscaping and Play Areas, Area G, Blackwood, Cumbernauld.
53 N/97/00342FUL Railtrack Scotland Ltd Formation of Temporary Access Road, land to Grant north of Forest Road, Abronhill, Cumbernauld.
59 C/97/00302/FUL Clarkston Parish Church Conservatory Extension to House and Change of Grant Access, The Manse, Forrest Street, Airdrie.
64 C/9 7/0 0406FUL Mr I Mohammed Reinstatement of External Ventilation Flue to Grant existing Hot Food Shop, 28 Whifflet Street, Coatbridge.
70 C/97/00455/FUL Mrs R Keirnan Erection of Two Storey Children’s Day-Care Grant Nursery Accommodation, “Croftpark”, 5 Forrest Street, Airdrie.
76 C/97/00462/FUL K Ming Shek Alterations to existing Nightclub to form Hot Food Grant Carry Out and Licensed restaurant, 26 Sunnyside Road, Coatbridge.
81 C/97/00486/AMEND Shanks & McEwan Ltd Change in Hours of Operation (Amendment to Grant Condition 22 of Planning Consent No. 86\458), Greengairs Landfill Site, Meikle Drumgray Road, Greengairs.
87 Mr Sethi Change of Use of Shop to Engineering Grant StoresAVorkshop, Unit 6, Innerleithen Drive, Coltness, Wishaw.
92 S/96/00659/FUL Headway Developments Construction of 31 Dwellinghouses, Murdostoun Refuse (P) Ltd Castle Estate, Newmains, Wishaw.
100 S/96/00713/LB Modern Housing Ltd Change of Use from Shop to 21 Flats and Shop Grant (P) Units, Scott StreetDalziel Street, Motherwell.
108 S/97/00744/FUL Modem Housing Ltd Change of use from Shop to 21 Flats and Shop Grant (P) Units, Scott StreetDalziel Street, Motherwell.
112 S/97/00237/FUL Wilcon Homes (Scotland) Residential Development, Dimsdale Road, Grant Ltd Wishaw .
124 S/97/0050 1/OUT Highland Properties Erection of a Retail Store (70,OO sq.ft) and Grant (P) (Scotland) Limited Associated Car Parking, Watsonville Playing Fields, Motherwell. APPLICATIONS FOR PLANNING AND DEVELOPMENT COMMITTEE 14TH JANUARY, 1998
Page No. Application No. Applicant Development/Locus Recommendation
133 S/97/00581/AMEND Mohammed Aslam Construction of Dwellinghouse, Plot 77, Dalziel Refuse Park Estate, Motherwell.
139 S/97/006 13FUL Robert Miller Demolition of Existing Cottage and Erection of Grant New Dwellinghouse, Quarry Cottage, 126A Glen Road, Wishaw.
144 S/97/00629/OUT Robert McGregor Erection of 3 Dwellinghouses, 2 Thornlie Gill, Grant Wishaw.
151 S/97/00711/FUL Carol & Charles McAvoy Erection of 1'/z Storey Detached Dwellinghouse Grant (P) with Integral Garage, 70 Bonkle Road, Newmains.
157 S/97/007 16/FUL Holiday Inn Worldwide 40 Bed, Bedroom Block Extension and Associated Grant Additional Car Parking, Holiday Inn Express Hotel, Strathclyde Country Park, Motherwell.
161 S/97/00717/FUL Wishaw and District Residential Development of 28 Dwellings, North Grant Housing Association Ltd Kilmeny Crescent, Innerleithen Drive and Newark Drive, Coltness, Wishaw.
S/96/00659/FUL (P) Refer to Secretary of State S/96/00713/LB (P) Refer to Secretary of State S/97/00744/FUL (P) Refer to Secretary of State S/97/00501/OUT (P) Refer to Secretary of State S/97/00711/FUL (P) Refer to Secretary of State Application No: N/97/00277/OUT
Date Registered: 6th. October 1997
APPLICANT: BETT HOMES LTD., 9 COX STREET, DUNDEE DD3 9HA
Agent:
DEVELOPMENT: RESIDENTIAL DEVELOPMENT (OUTLINE)
LOCATION: WOODEND FARM, KILSYTH G65 OPZ
Ward No: 65 Grid: 273363 - 677794 File Reference: MD Site History: Infilling of part of site refised in August 1990 (CN/90/74) and June 199 1 (MN/9 1/52) for amenity, nature conservation and precedent reasons.
Development Plan: Kilsyth Local Plan 1983: Mainly zoned greenbelt and partly zoned housing. Kilsyth Local Plan Finalised Draft 1996: Zoned greenbelt
Contrary to Development Plan: CONSULTATIONS:
Objection: Scottish Natural Heritage No Objection: Department of Agriculture & Fisheries No Reply: Conditions: The Coal Authority, East of Scotland Water, West of Scotland Water
REPRESENTATIONS: Neighbours: 17 Letters of objection. One letter of conditional support Newspaper Advert:
COMMENTS: The application is in outline for residential development at Woodend Farm, Kilsyth. The site consists of 26 hectares of varied and attractive countryside. There are areas of striking landscape, mature woodland, ponds and attractive walkways. There are also sensitive habitats which house a rich variety of wildlife. The area is well used and enjoyed by local residents.
Under the terms of the Kilsyth Local Plan 1983, the majority of the site is identified as Greenbelt with a small part immediately adjacent to existing housing identified for Housing. Under the terms of the Kilsyth Local Plan (Finalised Draft) 1996 the fill site is identified as Greenbelt. The proposed housing is therefore contrary to the terms of the Local Plan.
Despite/ North Lanarkshire Council N Bron Way, Cumbernauld G67 1DZ -2-
No access details have been submitted despite a number of requests. The Transportation Manager has objected to the proposal on the basis that there is insufficient information to assess the impact of the proposal on the adjacent road network, and that in the absence of access point information it must be assumed that the development would access onto immediately adjacent roads which are unsuitable for such extra traffic.
Seventeen letters of objection have been received from local residents. Kilsyth Community Council have conditionally supported the application. Their initial view is that a development of an appropriate size and quality which safeguards environmental issues and provides improved access to the area should not be discouraged.
Taking account of the above and the undesirable precedent that would be set by a residential development in an attractive area of Greenbelt it is recommended that planning permission be refused.
RECOMMENDATION: Refuse on the following grounds:-
1. In the interest of amenity and the proper planning of the area in that the proposal would constitute inappropriate new residential development in the greenbelt and as such would be contrary to the Kilsyth Local Plan 1983, the Kilsyth Local Plan (Finalised Draft) 1996, the Strathclyde Structure Plan and National Planning Policy Guidelines.
2. In the interest of amenity in that the proposed development would adversely affect areas of varied and attractive natural environment with valuable wildlife habitats which are enjoyed and well used by local residents.
3. In the interests of road safety in that:-
a) The applicant has failed to supply proposed access and general roads impact information; b) immediately adjacent roads are below an acceptable standard for serving the site.
4. That should planning permission be granted for this development a precedent may be set which would make it difficult for the Planning Authority to refuse similar applications.
List/ -3-
List of Background Papers:
Application form and plans Kilsyth Local Plan 1983 Kilsyth Local Plan (Finalised Draft) 1996 Consultation Responses from East of Scotland Water, West of Scotland Water, The Coal Authority, Department of Agriculture & Fisheries for Scotland and Scottish Natural Heritage Letters of objection from Mrs. I. Linn, South Barnvood Cottage, Coach Road, Kilsyth G65 OPR; Allison and Alistair Hall, 3 Craigstone View, Kilsyth G65 OHB; Mrs. S. Morton, Hillcrest, Craigstone View, Kilsyth G65 OHB; John & Dorothy Clelland, Craigstone, High Barnvood Road, Kilsyth G65 OEE; Mr. S. Howard, Heatheryknowe, High Barnvood Road, Kilsyth G65 OEE; Mrs. E. Hannah, Oakfield, High Barrwood Road, Kilsyth G65 OHB; D.A. McDonald, Serena, High Barnvood Road, Kilsyth G65 OEE; Jane & Stephen Hossack, 78 Stirling Road, Kilsyth G65; Helen & Suleman Chebe, 80 Stirling Road, Kilsyth G65 OPT; Thomas and heMurphy, 96 Stirling Road, Kilsyth G65 OHY; Mr. A. Crawford, Carries View, 98 Stirling Road, Kilsyth G65 OHY; Mr. D. Clelland, Stafainn, Stirling Road, Kilsyth G65 OPT; Mr. A. Fleming (Attorney for ADC Fleming), Tamarisk, Stirling Road, Kilsyth G65 OHY; A.B. Miller, The Ranch, Stirling Road, Kilsyth G65 OPT; J&H Milnes, Woodlands, Stirling Road, Kilsyth G65; Ms. E. Hamilton, 7 Woodside Avenue, Kilsyth G65 OHA. Letter of conditional support from Kilsyth Community Council, c/o Mr. J. Freebairn, Ferni-Brae, Colzium, Stirling Road, Kilsyth G65 OPY.
Any person wishing to inspect these documents should contact Martin Dean on 01236-616459. APPLICATION NO: N/97/00277/OUT
1.0 PROPOSAL AND SITE
1.1 The application is in outline for residential development on a 26 hectare site at Woodend Farm to the east of Kilsyth. No details have been submitted other than a boundary round the application site.
1.2 The application site consists of varied and attractive countryside which is enjoyed by local residents through a number of rights of way and informal footpaths.
1.3 Parts of the site are complex both in terms of topography and vegetation types. There are areas of striking landscape, rolling landforms, improved pasture, mature woodland plus two ponds with related marshy habitat. There are some sensitive habitats for a variety of plant, bird and insect species. Part of the application site is a candidate for designation as a Site of Importance for Nature Conservation.
1.4 Under the terms of the development plan the site is zoned as following:
Kilsyth Local Plan 1983; the majority of the site is covered by countryside/greenbelt area (Policy E3) with the north west part of the site identified as residential (Kilsyth Residential Area Landuse Policy). Kilsyth Local Plan (Finalised Draft) 1996; the whole site is identified as Greenbelt (Policies GBl, GB2 and GB3). It should be noted that the approved proposed modifications to the 1996 Finalised Draft Local Plan state “Following development of the brownfield sites or major changes in the physical environment, the Council will consider the release of green field sites on the eastern edge of Kilsyth as part of a review of the housing land supply and greenbelt boundary.” Strathclyde Structure Plan; the development of the site conflicts with Greenbelt Policies GB1 and GB 1A. These presume against the spread of development within the greenbelt and give limited areas of justification for such development
2.0 CONSULTATIONS
2.1 Summaries of consultation responses are as follows:
Scottish Natural Heritage: SNH objects to the proposed development on the basis that it conflicts with Development Plan Greenbelt Policies, it conflicts with National Planning Guidance (NPPG3) which seeks to direct housing to brownfield sites in preference to greenfeld locations, it interferes with an important local nature conservation resource which has a high ecological value, it will result in an adverse landscape impact with the loss of mature woodland and pond areas and it will adversely affect a well used recreational resource easily accessible to the Kilsyth population. East of Scotland Water: The supply is available from an adjacent main in the A803. Extension to the existing mains network would be required. West of Scotland Water: The site is designated as Greenbelt and as a consequence no allowance has been made in the adjacent sewerage infrastructure for the drainage of the site. If development proceeds West of Scotland Water would incur considerable capital expenditure in upgrading existing sewerage infrastructure. The authority is duty bound to provide sewerage infrastructure only where such can be provided at a reasonable cost. The nearest foul sewer which might have the required capacity is some 1,400 metres from the eastern most end of the proposed site as well as being some 5 metres higher in level than the lowest part of the site. The Coal Authority: The property is within the likely zone of influence on the surface from workings in one seam of iron stone at shallow depth. In view of the mining circumstances a prudent developer would seek appropriate technical advice before any works are undertaken on site. The Scottish Office Agriculture, Environment and Fisheries Department: No comment.
Transportation/ -2-
Transportation Manager: A Traffic Impact Assessment is required in view of the likely scale of development. If the TIA is not forthcoming, it is recommended that permission be refused due to insufficient information to assess the impact of the proposal on the adjacent road network and the immediately adjacent roads being rural in nature, unlit, containing bends, of variable width and of variable structural condition. They would not be appropriate for serving the proposed development Director of Leisure Services: It is considered that areas suitable for building represent only a small percentage of the overall site with the rocky outcrops, steep slopes and low lying wetland posing considerable constraints. A housing development would change the nature of this area from rural to suburban and increased access requirements would have an effect on the surrounding lanes. The Section Ecologist has visited the greater part of the area and has noted the importance of the site both for informal recreation and for wildlife conservation. It is recommended that permission be refused.
3 REPRESENTATIONS
3.1 Seventeen letters of objection have been submitted with the following points being made:
- The site is protected from development by its Greenbelt zoning. There is no need for a release of greenbelt land as there is no local demand for further housing. 158 dwellings are to be approved at the adjacent Colzium site. A grant of permission would set a precedent for further encroachment into the Greenbelt. - The site is important for wildlife. It contains ponds and wetland and is used for nesting and over- wintering for a variety of species of birds. Mating swans, squirrel, stoats and a variety of fauna inhabit the site. The site is crossed by rights of ways and bridle paths. Its development would remove unique and beautiful countryside and would result in a loss of amenity to local residents. - The proposal would result in a dangerous increase in traffic on the A803. Dullatur Road would require upgrading. - There is a lack of information with the application. - A previous application for infill on part of the site was refused due to a proposed adverse affect on the environment and scenic walkways. - Residential development on high ground to the rear of Stirling Road will cause problems relating to privacy, overlooking, shading and security for Stirling Road residents. - Existing flooding problems could be worsened by the proposed development. - The significant number of new residents which would result from the proposed development could over-stretch education, infrastructure and local amenities. - The proposed development may create problems for existing sceptic tanks for Stirling Road dwellings. - Existing residents will be adversely affected by construction noise and dust. Dangerous blasting would be required. - There is an existing permission for housing south of High Barrwood Road. - There is no confidence that developers would keep to the terms of any planning permission granted.
3.2 It should be noted that Kilsyth Community Council have written stating that a development of an appropriate size and quality which safeguards environmental issues and provides improved access to the area should not be discouraged. They wish however further information as and when supplied by the applicants.
4. Observations/ -3-
4.0 OBSERVATIONS
4.1 The site is identified as Greenbelt in the Kilsyth Local Plan (Finalised Draft) 1996 and just under 80% is identified as Greenbelt in the Kilsyth Local Plan 1983. The proposed residential development is clearly contrary to Greenbelt Policy which presumes against new development unless required for agriculture, forestry or other appropriate rural uses.
4.2 The site is valued by local residents as containing attractive and varied landforms with a variety of wildlife. A number of rights of ways and more informal footpaths cross the site. Scottish Natural Heritage, comment that the site is relatively important in a North Lanarkshire context and is to be included in the provisional list of Sites of Importance for Nature Conservation. The site supports a range of semi' natural habitats including long established plantation, woodland, heathland, semi- improved grassland, open water (2 ponds) and scrub.
4.3 Water vole and swans along with a variety of other wildlife exist on the site. There is however the habitat potential for a large part of the site for additional plant, bird and insect species.
4.4 The applicants have failed to identify any areas which are not proposed for development and as such it must be assumed that the application is for housing on the full application site. This therefore would represent a significant loss of a valuable landscape, nature conservation and recreational asset.
4.5 The application plan merely consists of a red line round the relevant section of Woodend Farm. Further details have been sought on access points, areas of development and development principles. A Traffic Impact Assessment has also been sought. Despite the applicants stating that further information would be submitted, no firther information has been forthcoming. This is particularly important in assessing road safety matters. The Transportation Manager has stated that in the absence of alternative information he must assume that access would be onto one of the immediately adjacent roads. These roads he points out are however below the necessary standard for what could in theory be a development of over 500 houses.
4.6 A grant of permission would create a precedent for further residential development in sensitive parts of
the Greenbelt. '
5.0 CONCLUSION
5.1 It is considered that the proposed residential development is unacceptable for Policy (Greenbelt zoning), amenity, nature conservation, road safety and precedent reasons. As such it is recommended that planning permission be refused.
Comaps97/9700277/JK Application No: N/9 7/0027 9BUL
Date Registered: 30th September 1997
APPLICANT: MR DEREK DIAMOND, YEWSTONE HOMES LTD, NIGHTINGALE HOUSE, PAISLEY, PA13RG
Agent: CRGP Architects and Surveyors, 26 Herbert Street, Glasgow, G20 6NB
DEVELOPMENT: ERECTION OF FLATTED RESIDENTIAL BUILDING (16 UNITS).
LOCATION: 109 CUMBERNAULD ROAD, STEPPS, G33 6EP
Ward No: 66 Grid Reference: 265636 668339
File Reference: MD
Site History: TP/86/349: Erection of Dwelling - Refked November 1986 TP/9 1/ 138 : Erection of 4 Dwellings - Approved June 1991
Development Plan: Identified as residential in the Strathkelvin Southern Area Local Plan 1983 and for Private Housing in the Strathkelvin (Finalised Draft) Local Plan 1995.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water, The Coal Authority Conditions: No Reply:
REPRESENTATIONS:
Neighbours: 16 letters of objection from local residents, plus letter of objection from Stepps and District Community Council. Newspaper Advert:
COMMENTS: The application is for the erection of a residential building containing 16 flats at 109 Cumbernauld Road, Stepps.
Under the terms of the Strathkelvin Southern Area Local Plan 1983 the site is covered by a policy maintaining the existing residential character. The site is identified for new private housing in the Strathkelvin (Finalised Draft) Local Plan 1995.
At present the site contains a derelict single building. It is generally agreed by local residents that an appropriate new development would improve the local environment.
There is considerable local objection to the height of the proposed building which it is claimed will be out of keeping with the character of existing local buildings. The proposed building is three storeys at the front/ c:msofflwwlcomaps/9700279
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front and four storeys at the rear including ground floor underground parking. This compares with the adjacent two storey building and the predominately two storey tenement and single or 1’/2 storey dwelling character of Stepps.
There is a 2.5m difference between the height of the proposed building and the adjacent two storey building. Although there is no requirement that the proposed building exactly matches the design and character of the adjacent building it had been hoped on the basis of early pre-enquiry discussions that any increase in height would be marginal. The applicant has declined to reduce the height of the building and has defended its design and character. A reduction in height would mean the loss of five units. Notwithstanding reservations concerning the additional height it is considered that the proposed building is reasonably designed in relation to the characteristics of the site. This includes special attention to the prominent corner unit. A number of alterations have been made to the design to accommodate points of concern although the main point of contention, the height, has not been altered.
There are no objections from the Transportation Manager or other consultees.
It is considered that on balance the proposed building is acceptable and as such it is recommended that planning permission be granted.
RECOMMENDATION: Grant subject to the following conditions
1) That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2) That before the development hereby permitted starts, full details of existing and proposed levels shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
3) That before the development hereby permitted starts, full details andor samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters, downpipes and frontage paving slabs, shall be submitted to, and approved in writing by the Planning Authority including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
4) That/ c:msofflwlcomapsl9700279 -3-
4) That before the development hereby permitted starts, fill details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
5) That before any of the residential flats hereby permitted are occupied, the fences or walls, as approved under the terms of condition 4 above, shall be erected.
Reason: To safeguard the amenity of fiture residents.
6) That before the development hereby permitted starts, a scheme of landscaping, for the area hatched green on the approved plans, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-
a) details of any earth moulding and hard landscaping, grass seeding and turfing;
b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted;
c) 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) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area.
7) That within 6 months of the occupation of the last residential flat within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged or become diseased within 2 years of the completion of the development, shall be replaced within the following year with other of a similar size and species.
Reason: In the interests of amenity.
8 That/ c:msoff/ww/comaps/9700279 -4-
That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care, maintenance and protection of-
a) the proposed footpaths;
b) the proposed parking areas;
c) the proposed external lighting;
d) the proposed grassed, planted and landscaped areas;
e) the proposed boundary fences/walls.
Reason: To safeguard the amenity of hture residents.
9) That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 8 shall be in operation.
Reason: To safeguard the amenity of future residents.
10) That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the approval in writing of the Planning Authority.
Reason: To safeguard the amenity of the area.
11) That details of the provision and installation of external lighting shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: For the avoidance of doubt and to seek to reduce nuisance through lighting spillage.
12) That the internal access road shall not exceed a gradient of 10%.
Reason: In the interests of road safety.
13) That before the development hereby permitted is completed or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
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Reason: To ensure the provision of adequate parking facilities within the site.
14) That there shall be a dropped kerb footway crossing with a 7.5m wide dropped kerb leading to a 5.5m wide internal access road.
Reason: In the interests of road safety.
15) That any alterations to statutory undertaker’s apparatus shall be carried out to the satisfaction and requirements of the respective statutory undertakers.
Reason: To protect statutory undertaker’s apparatus.
16) That before the development hereby permitted starts a landfill and gas survey for the site shall be carried out and submitted with any required remedial measures to, and approved in writing by the Planning Authority including any modifications as may be required.
Reason: In the interests of public safety.
17) That before the development hereby permitted starts details of any noise, vibration and landfill gas remediation measures which may be required by the Planning Authority under the terms of condition 16 above and of existing submissions shall be submitted to, and approved in writing by the Planning Authority including any modification as may be required and shall thereafter be implemented as approved.
Reason: In the interest of public safety and amenity
List of Background Papers
Application Form and Plans Amended Plans and Elevations Consultation responses from West of Scotland, The Coal Authority, North Lanarkshire Council’s Head of Protective Services and Northern Division Transportation Manager. Strathkelvin Southern Area Local Plan 1983 Strathkelvin (Finalised Draft) Local Plan 1995 Letters of objection from Stepps and District Community Council, do Mr R Stuart, 57 Whitehill Avenue, Stepps G33 6BN Mrs T McDonald, 25 Alexandra Avenue, Stepps, G33 6BP Ms A McDonald, 26 Cardowan Drive, Stepps, G33 6HD Mr H Kinnaird, 97 Cumbernauld Road, Stepps, G33 6EP R.D. Wilson, 101 Cumbernauld Road, Stepps, G33 6EP Mr S Bradley, 105 Cumbernauld Road, Stepps, G33 6EP Mr C Stewart, 113 Cumbernauld Road, Stepps, G33 6ES Mrs M Flood, 15 Second Avenue, Stepps, G33 6JS Mr D O’Hara, 29 Victoria Road, Stepps, G33 6ET M Celino, 2 West Avenue, Stepps, G33 6ES K & I.G. Webster, 7 West Avenue, Stepps, G33 6ES Mr & Mrs J Cowan, 9 West Avenue, Stepps, G33 6ES Mrs J Weir, 11 West Avenue, Stepps, G33 6ES Mr F Morton, 15 West Avenue, Stepps, G33 6ES Mr M.R. McGaughey, 17 West Avenue, Stepps, G33 6ES Mr W Hyslop, 19 West Avenue, Stepps, G33 6ES Mr A Gibson, 25 West Avenue, Stepps, G33 GEN
Any person wishing to inspect these documents should contact Martin Dean at 01236 616459 c:msoff/w/comaps/9700279 APPLICATION NO: N/97/00279/FUL
1. PROPOSAL AND SITE
The application is for the erection of a 3 storey (4 storey at rear) flatted residential building (16 flats) at 109 Cumbernauld Road, Stepps. The frontage design is tenemental in character whereas the rear is more modern in concept. Underground parking is proposed at the rear taking advantage of the sloping nature of the site. 27 parking spaces are proposed both within the basement area and to the rear of the building. An area of amenity ground (150 m2 approx.) is located at the rear. The building is to be finished in reconstituted stone to the front, buff facing brick to the rear and slate/reconstituted slate. The . northernmost section of building is different in concept to reflect its prominent position.
Under the terms of the Strathkelvin Southern Area Local Plan 1983 the site is covered by policies E.Pro 6/7 whereby the existing character (residential) is to be maintained and residential development control guidelines apply where relevant.
Under the terms of the Strathkelvin (Finalised Draft) Local Plan 1995 the site is covered by policy H2 which identifies the site for new private housing with an estimated capacity of 4 units based on an earlier planning permission.
2. CONSULTATIONS
Summaries of consultation responses are as follows:
West of Scotland Water: No objections in principal to ths proposal. A water supply can be made available and there are public sewers in the vacinity.
The Coal Authority: No adverse comments.
Transportation Manager: No objections subject to conditions.
Head of Protective Services: In view of the locations proximity to a railway line a rail noise/vibration survey should be submitted by the applicant. The site is within 250m of closed landfill sites. Consequently the applicant should carry out a gas survey within the site and submit the results to the Planning Authority. Alternatively the applicant may assume the presence of gas and as such submit remedial proposals to the Planning Authority for approval. (A satisfactory noise survey has been submitted.)
3. REPRESENTATIONS
16 letters of objection have been submitted from local residents and a letter of objection has been submitted from Stepps and District Community Council. The following points of objection have been made:
The proposed building is too high being 3 storeys at the front and 4 storeys at the rear; the building should be keeping with the adjacent 2 storey building; the height of the building is more suited to a city estate rather than a village; the building will present a towering and bleak appearance when viewed from West Avenue to the rear; the building will be the highest in the area and will dominate Cumbernauld Road; an approval will set a precedent for buildings of this height.
The scale of the proposed development is excessive and represents an over development of the site; there is currently only a single building on the site.
The/ c:msoff/ww/comaps/9700279 -L-
The proposed design of the building is out of keeping with the traditional architecture of the area; the proposed rear balconies are an inappropriate feature.
The steep internal access road will cause problems in winter conditions; there will be particular problems for emergency and refuse collection vehicles.
The proposed will lead to road safety problems through poor sight lines and the difficulty of vehicles safely joining the Cumbernauld Road traffic flow.
Insufficient off street parking has been provided; this may be worsened by non residents parking on the site.
Existing off street parking used by customers of local shops may be lost through their use by residents of the proposed flats and through initial building works.
The proximity of the building to Cumbernauld Road will cause a danger to children and pets.
The proposed building will cause privacy and overshadowing problems to the residents of West Avenue; the proposed rear balconies will adversely affect adjacent residents’ privacy.
There is a lack of information on proposed external materials and landscaping.
There is a lack of amenity/play area space; this is a particular problem due to the proximity of the railway.
Car park floodlighting could cause annoyance to nearby residents.
There may be nuisance to adjacent residents through excessive vehicle noise from the rear car park and internal access road.
Local primary schools will not be able to adequately cope with additional children from the proposed development.
The proposal does not take account of bricked up but vented windows on the immediately adjacent building.
- It is not clear whether the building will be for pensioners or for families.
- The provision of 16 flats does not accord with the Strathkelvin (Finalised Draft) Local Plan 1995 policy which refers to 4 dwellings.
In addition certain objectors have made clear that they welcome the principal of new development but not the details of the current proposal.
4. OBSERVATIONS
The height of the proposed building is a disadvantage but it is not considered that it is sufficiently detrimental to the general design, to the amenity of nearby residents or to the local streetscape as to lead to a recommendation for refusal.
The/
c:msoff/w/comaps/9700279 -3-
The building will be 2.5m higher than the adjacent 2 storey tenemental building and its 3 storeys (4 storeys at rear) will be in contrast to the predominant 1, 11/2and 2 storey buildings in Cumbernauld Road, Stepps. There is however differences in building heights within Stepps and this is to the advantage of the local streetscape. The least satisfactory new building is a 3 storey block with the upper floor within a mansard roof. This building has been awkwardly and unsatisfactorily designed in order to keep its ridge height the same as the adjacent building.
Some changes to the design have been made during the processing of the application in order to soften the affect of the height. The applicants have however declined to reduce the height stating that this would be architecturally detrimental to the scheme, that the design of the building gives full cognisance to the adjacent building by following through certain features and horizontal themes and that because of the site’s elevated position it will benefit from a scheme which serves as a local landmark while not overpowering its surroundings.
While noting the above it is considered that the height of the building is a disadvantage rather than a asset.
Notwithstanding the height problem the general design of the building is considered to be satisfactory. There is variety in the frontage fenestration, the frontage has a tenemental design theme and the end unit is designed to take advantage of its prominent corner position. Design changes have been made to reflect certain points of objection. These include alterations to soften the effect of the height, reductions in the number of rear balconies and the provision of bin stores. The reduction in the number of balconies is in response to concern by the West Avenue residents that there will be a loss of privacy through overlooking windows and balconies. The nearest window to window distance is however 40m whereas the minimum acceptable distance is 18m. It is not therefore considered that objections concerning potential loss of privacy are valid.
The Strathkelvin (Finalised Draft) Local Plan 1995 refers to 4 dwellings on the site. This figure is based on a 1991 approval for 4 dwellings (TP/91/138) which was never implemented. It is considered however that 16 units can satisfactory be accommodated on site with sufficient parking and with an area of amenity open space. The amenity area may be used as a clothes drying area and play area.
There are no objections from the Transportation Manager to the proposed development. This is subject to the internal road having a maximum gradient of 10% and to certain detailed requirements for the access junction. These requirements have been included as planning conditions. Parking space numbers are sufficient.
Part of the building is only 1lm from the adjacent railway line, A noise report has been submitted which indicates that the only problem may be at night with an open bedroom window. Simple remedial measures are being investigated such as bedroom ventilation which would reduce the desire to open windows in hot weather.
5 CONCLUSION
A slightly less high building would be preferable. It is not however considered that the 3 storey height (4 storey at rear) leads to over-riding streetscape, design or local amenity problems. As such it is recommended that planning permission be granted.
c:msoff/w/comaps/9700279 Application No: N/97/0028 1/FUL Date Registered: 19th November 1997 APPLICANT: Z. HUSSAIN C/O 459 PAISLEY ROAD GLASGOW G5 8RJ
Agent: MCL Architect 17 Greenhill Crescent Elderslie PA5 9AW
DEVELOPMENT: INSTALLATION OF SHOPFRONT
LOCATION: 11 MAIN STREET, KILSYTH
Ward No: 65 Grid Reference: 271792677804
File Reference: SD
Site History:
Development Plan: Kilsyth Local Plan adopted 1983 Kilsyth Finalised Draft Local Plan approved Jan 1996
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Conditions: No Reply: Architectural Heritage Society of Scotland
REPRESENTATIONS:
Neighbours: No response Newspaper Advert: Yes
COMMENTS: The application is for the installation of an aluminium shopfront at 11 Main Street, Kilsyth. The shop lies within the Kilsyth Town Centre and Conservation Area and is covered by both Shopping policies and Conservation Area policies as defined by the Local Plans covering the area.
The proposed shopfront is of a design which is out of keeping with the character of the Conservation Area and it is considered that the development of this proposal would detract from the area. In addition, the proposal is contrary to Local Plan policy and guidance.
No objections or representations have been received although the applicant has submitted a petition in favour of aluminium shopfront proposals containing nine signatories
Taking account of the above it is, therefore, recommended that planning permission be refused.
RECOMMENDATION: Refuse for the following reasons
1. In the interests of the character of the shop and the Kilsyth Conservation Area in that the proposed design of the shopfront and the harsh and inappropriate materials to be used would detract from the character of the building and surrounding area; in this respect the proposal contrary to Policy BE5 and Appendix 1 of the Kilsyth Local Plan (Finalised Draft) approved January 1996.
2. Should planning permission be granted a precedent may be set which will encourage further similar applications.
LIST OF BACKGROUND PAPERS: Application Form and Plans Kilsyth Local Plan adopted 1983 Kilsyth Local Plan (Finalised Draft) approved January 1996 Cumbernauld and Kilsyth District Council report to committee date 1st February 1988 “Development in Conservation Areas and affecting Listed Buildings; Planning Policy Advice.
Any person wishing to inspect these documents should contact Sandra Davies at 01236- 6 16466. APPLICATION NO.: N/97/00281/FUL
1. PROPOSAL AND SITE
1.1 The application is for the installation of an aluminium shopfront at 1 1 Main Street, Kilsyth. The shop lies within the Town Centre and also with Kilsyth Conservation Area. The area is covered by a Land Use Policy area for shopping, as defined by the Kilsyth Local Plan adopted April 1983 and Policies SC3 and BE5, as defined by the Kilsyth Local Plan (Finalised Draft) approved January 1996.
1.2 The shop is located within the Kilsyth Conservation Area and policy BE5 states that “There will be a presumption against development which does not preserve and enhance the character of the Kilsyth Conservation Area, or which could adversely affect the setting of the area. Development will be in accordance with the approved policies set out in “Development Conservation Areas and Affecting Listed Buildings”.
1.3 The policies contained within Appendix 1, “Development in Conservation Areas and Affecting Listed Buildings”, are designed to protect and enhance the character of the Kilsyth Conservation Area. The following policies refer to the current proposal:
- Policy 2 “The Council will not accept developments which include the use of inappropriate materials and which fail to harmonise with the existing range of materials in terms of colour and texture”.
- Policy 4 “The Council will seek to ensure the design of new or altered shopfronts is sympathetic to their surroundings in terms of scale, proportions and materials”.
1.4 It is also noted in the Cumbernauld and Kilsyth Planning Policy Advice 1988 “Development in Conservation Areas and affecting Listed Buildings” that “all existing traditional features must be retained and only appropriately designed “in character” alterations will be acceptable. In addition, where earlier alterations mask traditional features and redevelopment is proposed, existing traditional features once exposed should be restored and retained. More specifically the undernoted applies:
- recessed entrances shall be retained and replicated; - the vertical emphasis of shopfronts shall be a desirable feature ... - the use of traditional materials will be a requirement, in particular stone, timber and brass. In exceptional circumstances other materials having a matt finish will be considered.”
2. OBSERVATIONS
2.1 The shop forms part of a building with a gable-fronted, crow-stepped frontage and ornately embellished upper floor windows. This building contributes to the character of the Kilsyth Town Centre and it is, therefore, desirable that the shopfront compliments both the building and the other shops. 2.2 The proposed aluminium shopfront is considered to be unacceptable for the Kilsyth Conservation Area for a number of reasons. The existing shopfront has a recessed entrance which is characteristic of the traditional shops on this street. It is proposed that this is removed to produce is flat fronted shopfront. In addition, the proportions of the shopfront are inappropriate. There is no stall riser, as is evident on the traditional shops, and it is intended that the shopfront be almost entirely glass to street level thus producing a horizontal emphasis. Finally, the materials proposed are harsh and incompatible with the Kilsyth Conservation Area.
2.3 Clearly, the proposed shopfront is contrary to Council policy and guidance in a number of areas. The applicant and agent have been advised of this and invited to amend the plans, however, they have indicated that they wish a decision to be made on the application as it stands.
2.4 In their letter of reply they have also cited a number of aluminium shopfronts currently in evidence in the Main Street and have enclosed a petition with nine signatories. It is not considered, however, that the existence of a number of poorly designed aluminium shopfronts should be reason to approve further incongruous developments. No objections have been received.
3. CONCLUSION
3.1 Taking account of the above it is recommended that planning permission be refused. Application No: NI97100293 /NID
Date Registered: 23rd October 1997
APPLICANT: DIRECTOR OF EDUCATION NORTH LANARKSHIRE COUNCIL
Agent: Director of Construction Services clo Head of Design Services North Lanarkshire Council Philip Murray Road Bellshill ML4 3PA
DEVELOPMENT: EXTENSION TO SCHOOL
LOCATION: KILSYTH ACADAMY, BALMALLOCH ROAD, KILSYTH
Ward No: 64 Grid Reference: 271189678267
File Reference: SD
Site History: Nothing relevant to the current application
Development Plan: Kilsyth Local Plan 1983: Residential Area Kilsyth Local Plan (Finalised Draft) 1996: Community Facilities
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: East of Scotland Water, Conditions: No Reply: West of Scotland Water
REPRESENTATIONS:
Neighbours: None Newspaper Advert: Yes
COMMENTS: The application is for the erection of an extension to Kilsyth Academy.
Although not currently listed the school, which was designed by Sir Basil Spence in the 1930s, is considered to be of great architectural merit.
The Design Services Section of the Construction Services Department and this Department have worked together to produce what is considered to be an appropriate design for this building. The amended design complements the existing building in materials, windows and some detailing.
Under the terms of the Town and Country Planning (Development by Planning Authorities)(Scotland) Regulations 198 1, developments such as this which are proposed by planning authorities and which have had no objections in response to the required press advertisement are deemed to have planning permission. Therefore, planning permission is deemed to be granted.
RECOMMENDATION: It is recommended that this report be noted.
LIST OF BACKGROUND PAPERS: Application Form and Plans Kilsyth Local Plan adopted 1983 Kilsyth Local Plan (Finalised Draft) approved January 1996 Consultation response - East of Scotland Water dated 19 November 1997. Photographs
Any person wishing to inspect these documents should contact Sandra Davies at 01236- 616466. Application No: N/97/00304/FUL
Date Registered: 31st. October 1997
APPLICANT: SCOTTISH ENTERPRISE, 120 BOTHWELL STREET, GLASGOW G2 7JP
Agent: Lanarkshire Development Agency, New Lanarkshire House, Strathclyde Business Park, Bellshill ML4 3AD
DEVELOPMENT: SERVICE STRIP AND FOOTPATH ALONG THE SOUTH SIDE OF THE EXISTING B8048
LOCATION: ORCHARDTON WOODS, CUMBERNAULD: B8048 BETWEEN BLACKWOOD AND YASKAWA ROUNDABOUTS
Ward No: 61 Grid: 2715 12-674325 File Reference: GLA Site History: N/96/00249/FUL: Access to Industrial Area
Development Plan: Zoned as industry in the Adopted Cumbernauld Local Plan 1993
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: No Reply: Conditions:
REPRESENTATIONS: Neighbours: No response Newspaper Advert: Not required
COMMENTS: The proposal is for the formation of a service strip and footpath at the southside of the B8048, Orchardton Woods, Cumbernauld.
This application was submitted in response to Condition (2) of planning application number N/96/00249/FUL which stated that “prior to the occupation of any industrial premises on the site, a two metre wide footway shall be constructed along the B8048 linking the existing footway system at Blackwood to the site access hereby approved.”
As the completion of these works will provide for a suitable pedestrian route to the new industrial developments at Orchardton Woods, I recommended that planning permission be granted.
Recommendation/
-2-
RECOMMENDATION: Grant planning permission subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1972.
2. That before the development hereby permitted starts, details of the landscaping of the service strip hatched green on the approved plans, shall be submitted to, and approved in writing by, the Planning Authority.
Reason: In the interests of the visual amenity of the area.
3. That within one year of the completion of the footway the works approved under the terms of Condition 2 above shall be implemented.
Reason: In the interests of the visual amenity of the area.
List of Background Papers:
Planning application forms and plans registered on 3 1st. October 1997 Adopted Cumbernauld Local Plan 1993 Consultation response from the Transportation Manager dated 27th. November 1997.
Any person wishing to inspect these documents should contact Gillian Anderson on 01236-616478 Application No: N/97/003 14LFUL
Date Registered: 1 lth. November 1997
APPLICANT: ISOLA LTD., 2 WYNDFORD ROAD, WARDPARK, CUMBERNAULD, G68 OAl3
Agent: Grant Design, 66 Berkeley Street, Glasgow G3 7DS
DEVELOPMENT: EXTENSION TO FACTORY
LOCATION: 2 WYNDFORD ROAD, WARDPARK, CUMBERNAULD, G68 OAB.
Ward No: 52 Grid: 277930 - 6775 13 File Reference: GL Site History: Isola have been on the site since 1987
Development Plan: Zoned Industrial in Adopted Cumbernauld Local Plan
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Transco, West of Scotland Water, The Coal Authority, Cumbernauld Airport Ltd., Environmental Services No Reply: Scottish Power, East of Scotland Water, Transportation Manager Conditions: SEPA, West of Scotland Archaeological Service
REPRESENTATIONS: Neighbours: One letter of objection received Newspaper Advert: No representations received as a result of the press notice.
COMMENTS: The application proposes a major extension to the existing factory which is situated in Wardpark Industrial Estate. If granted planning permission the work force will double in the next four years (the Company currently employs a workforce of 250). The Company have been on this site since 1987 and have chosen this plant to increase their European production capacity.
One letter of objection has been received from a neighbouring Company and the grounds of objection are detailed in the attached report. No objections have been received as a result of the press notice or consultation procedures.
The proposal is considered to be acceptable in planning terms and accordindv it is recommended that ~lanningPermission is granted.
Recommendation/
-2-
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That prior to the commencement of the development hereby permitted details shall be submitted showing the boundary treatments for the new car park, lighting and surfacing.
Reason: To ensure the provision of adequate parkmg facilities with the site.
3. That before the car park is brought into use it shall be surfaced and otherwise completed in accordance with the details approved in connection with Condition 2 above.
Reason: To ensure the provision of adequate parking facilities within the site.
4. That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-
(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted. (c) 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) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area.
5. That the facing materials to be used for the external walls and roof shall match in colour and texture those of the existing adjoining building except as may otherwise be agreed in writing by the Planning Authority.
Reason: In the interests of the visual amenity of the area.
6. That/ -3-
6. That the developer shall afford access at all reasonable times to the West of Scotland Archaeology Service or other archaeological contractor approved in writing by the Planning Authority prior to the commencement of the development, and shall allow them to observe work in progress and record any items of interest and finds uncovered by the proposed works, and that notification of the commencement date shall be given to the West of Scotland Archaeology Service or the approved archaeological contractor in writing not less than 14 days before work commences on site.
Reason: To allow an opportunity to assess any historic interest which may exist at the site.
7. That prior to the commencement of the development hereby permitted, details shall be provided showing bunding or containment around liquid storage tanks, and once approved, including any modifications as may be required, these details will be implemented on site.
Reason: To protect against pollution.
8. That the visibility splay detailed in red on the approved plans is laid out for the access to the car park prior to it being brought into use and, thereafter, nothing exceeding 1.05 metres in height shall be planted, placed, erected or allowed to grow within this sight line area.
Reason: In the interests of traffic safety.
9. That no construction traffic will access any part of the site via Napier Court.
Reason: In the interests of amenity.
List of Background Papers:
Application forms and plans Letter from Mr. B. Scobie, Double Quick Supplyline, 30/32 Napier Court, Wardpark North, Cumbernauld G68 OLG Consultation responses from Transco letter dated 27th. November 1997, West of Scotland Water letter dated 28th. November 1997; the Coal Authority letter dated 1st. December 1997; SEPA letter dated 2nd. December 1997; Cumbernauld Airport Ltd dated 8th. December 1997; West of Scotland Archaeology Service letter dated 17th. December 1997; Transportation Manager dated 23rd. December 1997 and Environmental Services dated 17th. December 1997. Cumbernauld Local Plan
Any person wishing to inspect these documents should contact Graeme Lee on 01236-616474 APPLICATION NO: N/97/00314/FUL
1. PROPOSAL AND SITE
1.1 The proposal involves a major extension to the Isola’s existing factory unit at 2 Wyndford Road, Wardpark Industrial Area, Cumbernauld. The extension is required to accommodate additional process lines, in addition, a new social block will be built, the existing offices extended and a new car park provided. It is envisaged that the proposal will result in the creation of 250 additional jobs in two phases over the next four years.
1.2 The application site lies within Wardpark Industrial Area and is zoned for industriafiusiness use in the Adopted Cumbernauld Local Plan. The site is immediately surrounded on three sides by industrial premises, to the south Castlecary Road and the A80 separate the site from Wardpark South Industrial Area.
2. CONSULTATIONS AND REPRESENTATIONS
2.1 No adverse comments have been received in response to the consultation exercise. However, one letter of objection.has been received from a neighbouring Company and the grounds of objection relate solely to the proposed new car park and can be summarised as follows:-
(a) the proposed car park will be directly in front of their business premises and will result in the loss of a pleasant landscaped area which adds to the quality of the working environment. (b) concern about security if the car park was cordoned off. (c) the proposed car park access in front of 30-36 Napier Court will result in a loss of amenity first thing in the morning and last thing at night. (d) the access will affect parking on Napier Road which may force additional parking on Napier court. (e) loss of amenityhusiness during construction of the car park if construction traffic gains access to the proposed car park via Napier Court.
2.2 West of Scotland Archaeological Service had advised that part of the works will affect the site of a Roman Temporary Camp and have asked for a detailed archaeological investigation to be carried out prior to the Council reaching a decision on the application. This would identifL whether there are any remains on the site which are of importance, especially given the camps proximity to the Antonine Wall.
3. OBSERVATIONS
3.1 As stated above, the proposal involves a major extension to the Company’s existing factory. The factory currently occupies 10,000m2 on a 4.2 hectare site. The proposal involves extending the factory floorspace by 1 1,300m2 to provide additional process lines, staff social facilities, office space and a new 176 space car park. It is envisaged that the proposal will double the existing workforce and create 250 jobs over the next four years. The factory premises will appear largely unaltered as the majority of the additional floorspace will be created behind the existing building. Therefore, when viewed from Castlecary, Wyndford or Napier Roads the building will appear much as it is now. The proposal will result in a significant part of the Company’s landholding being built upon, but 250 additional jobs will be created which in turn will consolidate the Company’s foothold in the Town.
3.2 Only/ -2-
3.2 Only one letter of representation has been received from a neighbouring business objecting solely to the formation of the new car park. A number of issues were raised and it is perhaps easiest to deal with these separately.
3.3 The ground which is to be utilised for the car park is currently landscaped but is zoned for industrial business use in the Adopted Cumbernauld Local Plan. Whilst it is perhaps unfortunate that this ground will be developed as part of this scheme, it is considered that either by the retention of existing landscaping (where possible) or by replacement planting, the effect will be minimised. The applicant will be required to submit a detailed landscaping scheme for the whole site and emphasis will be placed on minimising the visual intrusion of the car park.
3.4 The objector expressed concern about the possibility of a wall being constructed around the car park which would effectively create a poorly lit alleyway along the fiont of their property. This would pose problems of security for their premises. It is understood that the applicant is proposing that a fence is erected around the car park similar to that around the existing plant. Should planning permission be granted, further details on the car park however, are required by planning condition, and will be subject to later approval.
3.5 The proposed car park will accommodate 176 cars and access to it will be from Napier Road. The access point is close to the objector’s premises and vehicles arriving and leaving the car park will have some effect on the level of amenity they currently enjoy. It should however be remembered that this is an industrial area and as such traffic will be heavy at peak times as workers arrive or leave work. It is understood that Isola currently work on a shift basis so not all staff are on site at any one time.
3.6 It is claimed that the car park access will affect parking on Napier Road and this may force additional cars into Napier Court. Whilst the proposed access will discourage parking on this part of Napier Road it is considered unlikely that this will increase parking on Napier Court.
3.7 The objector has expressed concern that his business will suffer if access is taken via Napier Court during the construction of the car park. The applicant has confirmed that access to form the car park will not be taken via Napier Court but fiom Napier Road. This point is covered by the imposition of a planning condition.
3.7 The West of Scotland Archaeology Service have advised that the extension will affect the site of a Roman Temporary Camp. It is their view that the archaeological interest of the site should be investigated prior to the Council reaching a decision on the proposed development. Their view is based on the assumption that the proposed development would appear fiom the application plans to have the potential to “damage, disturb or destroy what little remains of the temporary camp which has not already been heavily compromised by development in the area”. It is apparent on site that the part of the temporary camp within Isola’s control has largely been disturbed already, in that a road has been built through it and a further area is covered by part of the factory plant and an area of hardstanding. In addition, it is considered likely that during the works to form the aforementioned, further land within the area of interest would have been disturbed. In light of this, it is not considered reasonable to require the applicant to undertake an archaeological investigation. However, given the comments of the Archaeology Service, a planning condition will be imposed requiring an archaeological watching brief which will allow any finds of interest to be recorded.
4 Conclusion/ -3-
4. CONCLUSIONS
4.1 As stated above, the proposal involves a major extension to the Company’s existing factory. The factory currently occupies 10,000m2 on a 4.2 hectare site. The proposal involves extending the factory floorspace by 11,300m2 to provide additional process lines, staff social facilities, office space and a new 176 space car park. It is envisaged that the proposal will double the existing workforce and create 250 jobs over the next four years. The factory premises will appear largely unaltered as the majority of the additional floorspace will be created behind the existing building. Therefore, when viewed from Castlecary, Wyndford or Napier Roads the building will appear much as it is now. The proposal will result in a significant part of the Company’s landholding being built upon, but 250 additional jobs will be created which in turn will consolidate the Company’s foothold in the Town.
4.2 The letter of representation received did not object to the proposed extension but to the formation of the car park. The objection does not provide the basis for refisal. The comments received from the West of Scotland Archaeology Service can be adequately covered by the impositioon of a planbning condition requiring an achaeological watching brief. Accordingly, it is recommended that planning permission is granted.
Comaps97/9700314/GL/JK Application No: N/97/00326/FUL Date Registered: 28th November 1997 APPLICANT: MR J. WILSON AUCHINSTARRY FARM AUCHINSTARRY BY KILSYTH G65 6AE
Agent: Avonside Timber Frame Castlecary Cumbernauld G68 OOT
DEVELOPMENT: ERECTION OF TWO DWELLlNGS
LOCATION: AUCHINSTARRY FARM, AUCHINSTARRY BY KILSYTH, G65 6AE
Ward No: 63 Grid Reference: 271952676879
File Reference: SD
Site History: N/95/00 134/PL Erection of three dwellings (in outline) at Auchinstarry Farm, By Kilsyth. N/97/00129/FUL Erection of Two Dwellings at Auchinstarry Farm, By Kilsyth
Development Plan: Kilsyth Local Plan adopted 1983 Kilsyth Finalised Draft Local Plan approved Jan 1996 Forth and Clyde Canal Local Plan 1996.
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: Conditions: British Waterways, West of Scotland Water No Reply: East of Scotland Water, SEPA.
REPRESENTATIONS:
Neighbours: Kilsyth Community Council Newspaper Advert: Yes
COMMENTS: The application is for the erection of two dwellings on a site at Auchinstarry Farm. The site currently has outline consent for the erection of three dwellings, however, the applicant has decided to submit a detailed application for the erection of two dwellings. In
August 1997 a detailed application for the erection of two dwellings was refused on the grounds of design, precedent and access. Although the principle of residential development had already been established, in this case it was considered that the proposal, as submitted, was inappropriate for this sensitive canalside location which is located within the greenbelt.
The current proposal consists of two single storey dwellings of a traditional rural design. In addition, the access to the B802 has been repositioned to a location acceptable to the transportation section provided that a visibility splay of 2.5 x 165m can be provided. It is considered that the current proposal is of an appropriate design for the location and accordingly it is recommended that planning permission be approved.
RECOMMENDATION: Grant subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That before the development hereby permitted starts, full details of the existing and proposed site levels shall be submitted to, and approved in writing by the Planning Authority.
Reason: To enable the Planning Authority to consider these aspects in detail.
3. That before the development hereby permitted is completed or brought into use, the means of vehicular and pedestrian access shall be constructed in accordance with the approved plans.
Reason: To ensure satisfactory vehicular and access facilities to the dwellings.
4. That a visibility splay of 2.5 metres by 165 metres, measured from the road channel, shall be provided on both sides of the vehicular access. Before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety 5. That before the development hereby permitted starts, written evidence shall be submitted for the approval of the Planning Authority demonstrating control over all of the land required to create and maintain the visibility splays referred to in Condition No.3.
Reason: In the interest of public safety and to demonstrate that sufficient control exists to enable the visibility splay to be provided and maintained.
6. That before the development hereby permitted starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
7. That before the dwellinghouses hereby permitted are occupied, two car parking spaces shall be provided within the curtilage of each plot and outwith the shared access of footway.
Reason: To ensure the provision of adequate parking facilities within the site.
8. That before the dwellinghouses hereby permitted are occupied, the stone wall along the boundary , marked in red on the approved plans shall be repairedhe-built in stone to the satisfaction of the Planning Authority.
Reason: In the interests of the visual amenity of the site.
9. That there shall be no encroachment onto the property of British Waterways during or after the completion of works.
Reason: In the interests of amenity and public safety.
LIST OF BACKGROUND PAPERS: Application Form and Plans Kilsyth Local Plan adopted 1983 Kilsyth Local Plan (Finalised Draft) approved January 1996 Consultation Responses: - British Waterways dated 4/12/97 West of Scotland Water dated 9/12/97
Any person wishing to inspect these documents should contact Sandra Davies at 01236- 6 16466. APPLICATION NO.: N/97/00326/F'UL
1. PROPOSAL AND SITE
1.1 This is a detailed application for the erection of two dwellings on a site at Auchinstarry Farm. There is currently an outline consent for three dwellings on the site (ref: 95/0134/PL) which was approved with conditions on 20th June 1996.
1.2 Since the granting of the outline consent, the applicant has reconsidered and decided to apply for detailed planning permission for two dwellings rather than the original three. The boundaries of plots 2 and 3 of the outline consent have been extended with the remaining portion of plot 1 now to used as an extension to the farm house garden. Plot 1 will not now be developed. A detailed application for the erection of two dwellings (Ref: N/97/00129/FUL) was refused at Committee on 13 August 1997 on the grounds of design and access.
1.3 The proposal area is covered by the following policies, as defined by the Kilsyth Finalised Draft Local Plan approved January 1996: GB1-4, 6: Green Belt CF 10: Pipeline Consultation Zone BE10: Antonine Wall Amenity Zone. The proposal is also covered by the Forth and Clyde Canal Local Plan aim (Strategy Statement) that development shall recognise both the canal and its adjacent environment. The principle of residential development has already been established at the outline stage and there has been no change in policy since this time. .
1.4 The application site is one of strategic importance given its location adjacent to the Forth and Clyde Canal. This is especially relevant in light of the funding for the Millennium Link Project which plans to restore navigation along the canal. It is, therefore, important that any new development is appropriate to this strategic location and is of high quality design, precedent and access.
1.5 The site lies adjacent to the Forth and Clyde Canal, which is listed as a Scheduled Monument. As such it can be viewed as a area of vital importance especially in the light of the recent funding of the Millennium Link Project which aims to remove obstructions and reinstate navigation.
1.6 Part of the site is covered by a proposal which forms part of the Millennium Link Project. Auchinstarry Bridge is one of the obstructions which has to be addressed as part of the project. One of the options involves the realignment of the main B802 to the west of the existing road and including the construction of a new bridge over the canal. Should this option proceed, part of the application site will have to be acquired by British Waterways having major implications for the proposed development. Currently the preferred option is to relocate the road to the east of the site with no effect on the application. There is currently a planning application for this being considered, however, there has been no decision to date (Ref: N/97/003 OSIFUL) .
1.7 The Transportation Section of this Department have recommended that the proposal be refused due to problems with visibility at the connection with the public road. It is advised that a visibility splay of 2.5 metres by 165 metres is required which will require alterations to the boundary wall of the farmhouse.
2. CONSULTATIONS AND OBJECTIONS
2.1 The following bodies were consulted in relation to this application; East of Scotland Water, West of Scotland Water, British Waterways and Kilsyth Community Council.
2.2 While no objections have been received the following comments have been made. West of Scotland Water have advised that there are no public sewers in the vicinity of the site and the provision of a septic tank will require the consent of SEPA. In addition, any proposed septic tank should be located within 30 metres of a hard standing surface in order that it may benefit from the cleansing service provided by them.
2.3 The Coal Authority, in response to the previous detailed application 97/00129/FUL, have noted that the site lies in a location where coal seams are believed to exist at or close to the surface and may have been worked at some point in the past. They also advise that the records held by themselves may be incomplete and that there may exist in the area mine entries of which they have no knowledge.
2.4 British Waterways have requested that there be no encroachment on to their property and that no right of access be taken along the canalside during or after the commencement of development. It is further noted that no surface water or foul drainage should discharged into the canal without their prior consent. Where the design of the proposed dwellings is concerned it is argued that it would be desirous to reflect and incorporate the old stone buildings in order to blend in with the environs.
2.5 Kilsyth Community Council submitted a representation asserting that part of the application site may be required for realignment proposals at Auchinstany, as referred to in paragraph 1.6 above. It should be noted, however, that the principle of development at this locus has established at the outline stage, prior to the identification of any proposals for realignment.
2.6 No objections as a result of the neighbour notification process have been received.
3. CONCLUSION
3.1 In conclusion, the current proposals for two dwellings have overcome the reasons for refusal on the last detailed planning application. The design of the dwellings is now in keeping with the rural canalside location and the access arrangements have been altered to reflect recommendations from the Transportation Section given in the previous application.
3.2 It is, therefore, recommended that planning permission be approved. Application No: N/97/0327/FUL
Date Registered: 28th November 1997
APPLICANT: BARRATT WEST SCOTLAND, MAYFIELD HOUSE, 7 MAGGIE WOOD’S LOAN, FALKIRK, FK15DJ
Agent: Development Design Partnership, Sandford House, 6/7 Lower High Street, Stourbridge, DY8 1TE
DEVELOPMENT: ERECTION OF 170 HOUSES, FORMATION OF ROADS, LANDSCAPING AND PLAY AREA
LOCATION: AREA G, BLACKWOOD, CUMBERNAULD
Ward No: 61 Grid Reference: 271863 674240
File Reference: IE
Site History: None
Development Plan: Cumbernauld Local Plan. Policies HGSC, SH6, PS2 - Sites for new housing development - Western Extension Area
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: The Coal Authority, British Gas Transco, West of Scotland Water, Scottish Power Conditions: Director of Leisure Services No Reply: SEPA, East of Scotland Water, Central Scotland Countryside Trust,
REPRESENTATIONS:
Neighbours: None Newspaper Advert: None
COMMENTS: This site, extending to 6.53ha, is owned by the Council and has been the subject of a design brief prepared by this Department. This proposal represents the final phase of the residential development of Blackwood previously promoted by Cumbernauld Development Corporation. This proposal, now after significant negotiation on the layout, parking etc. meets the design brief and I would therefore recommend that it be approved.
RECOMMENDATION: Grant, subject to the following conditions
1) That the development hereby permitted shall be started within five years of the date of this permission.
Reason/ c:msoff/ww/comaps/9700327 i -2-
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997
2) That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
3) That before any of the dwellinghouses hereby permitted, situated on a site upon which a fence or wall is to be erected are occupied, the fence, or wall as approved under the terms of condition 2 above, shall be erected.
Reason: To safeguard the amenity of future residents.
4) That notwithstanding the provisions of Class 7 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse hereby permitted and the adjoining road without the prior written consent of the Planning Authority.
Reason: To safeguard the amenity of future residents.
5) That before the development hereby permitted starts, fill details andor samples of all external materials to be used in construction, including walls, roofs, windows, doors, gutters and downpipes, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
6) That before the development hereby permitted starts, a scheme of landscaping, including boundary treatment, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include
a) details of any earth moulding and hard landscaping, grass seeding and turfing;
b) c:rnsoff/ww/comaps/9700327 -3-
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) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area.
7) That within one year of the occupation of the 160th dwellinghouse within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 6 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within three years of the completion of the development, shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of amenity.
8) That before the development hereby permitted starts, a management and maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include proposals for the continuing care maintenance and protection Of-
a) the proposed footpaths shaded red on the approved plans;
b) the proposed parking areas hatched purple on the approved plans;
c) the proposed external lighting provided for the area@) hatched brown on the approved plans;
d) the proposed play areas hatched yellow on the approved plans;
e) the proposed grassed planted and landscaped areas hatched green on the approved plans;
f) the proposed fences to be erected along the boundaries marked orange on the approved plans.
Reason/ c:msoff/w/comaps/9700327 -4-
Reason: To safeguard the amenity of the area.
9) That before completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 8 shall be in operation.
Reason: To safeguard the amenity of hture residents.
10) That before the development hereby permitted starts, a scheme, for the provision of one equipped play area within the application site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and this shall include:-
a) details of the type and location of play equipment, seating and litter bins to be situated within the play area;
b) details of the surface treatment of the play area, including the location and type of safety surface to be installed;
c) details of the fences to be erected around the play area;
d) details of the phasing of these works.
Reason: To ensure the provision of adequate play facilities within the site.
11) That before occupation of the 160th dwellinghouse within the development hereby permitted, all the works required for the provision of equipped play area(s) and, included in the scheme approved under the terms of condition 10 above, shall be completed.
Reason: To ensure the provision of adequate play facilities within the site.
12) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as a habitable room, without the prior written consent of the Planning Authority.
Reason: To enable the Planning Authority to retain effective control and to ensure the provision of adequate parking facilities within the plot.
13) That/
c:msofflwwicomapsi9700327 13) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, any garages built within the curtilage of any of the dwellinghouses hereby permitted shall be finished in materials which match those used on the existing dwellinghouse.
Reason: In the interests of the visual amenity of the area.
14) That before the development hereby permitted is completed or brought into use, a two metre wide footway shall be constructed within the area hatched blue on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.
Reason: In the interests of public safety.
15) That visibility splays of six metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular accesses to Blackwood Loop Road and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and. thereafter, nothing exceeding 1.5 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
16) That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be required.
Reason: To enable the Planning Authority to consider these aspects in detail.
17) That no dwellinghouse hereby permitted shall be occupied until the road and footpath adjacent to it have been constructed to basecourse standard and the road and footpath shall be maintained thereafter to the satisfaction of the Planning Authority during the construction phase.
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
18) That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.
Reason/ c : msoff/ww/comapsi9700 3 27 -6-
Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.
19) That no building works shall take place upon the area shaded pink on the approved plans, and the developer shall ensure that a means of advising all purchasers and subsequent purchasers of all lands within the area affected by this condition is put in place.
Reason: In order to allow unlimited access to a main storm water overflow pipe.
20) That before development starts details of the design and layout of two bus stops to be provided on Blackwood Road shall be submitted to and approved by the Planning Authority.
Reason: In the interests of amenity.
21) That within six months of the occupation of the first dwellinghouse the bus stops approved under the terms of Condition 20 above shall be formed.
Reason: In the interests of amenity. List of Background Papers
Cumbernauld Local Plan Application form & Plans Letter from Scottish Power dated 9th. December 1997 Letter from West of Scotland Water dated 8th. December 1997 Letter from British Gas Transco dated 9th. December 1997 Letter from The Coal Authority dated 9th. December 1997
Any person wishing to inspect these documents should contact Iain Ewart at 0 1236 6 16472
c:msofVw/comaps/9700327 APPLICATION NO: N/97/00327/FUL
1, PROPOSAL AND SITE
1.1 The site is in the ownership of the Council and in order to bring forward the development of the site, a Design Brief was prepared and issued to potential developers in July 1997. The application follows the Design Brief closely and proposes 170 houses in total:
- 22 four bed detached; - 1 13 three bed in either detached, semi-detached or terraced form; 9 two bed semi-detached; and 26 two bed terraced houses.
Although the application has been submitted by Barratt it is intended that they will develop 50% of the site, the other 50% being developed by Tilbury Douglas.
Vehicular accesses to the site from Blackwood Loop Road are as specified in the Brief although the achievement of appropriate road geometry and parking provision has had to be the subject of much discussion which is due, largely, to the narrow elongated shape of the site. Play and open space provision should be adequate for the site.
1.2 The application site is an elongated and curved area of rough grazing located at the western end of Blackwood to the west and south of the Blackwood Loop Road, the site’s northern boundary being with Kirkintilloch Road. To the west the site is bounded by the Orchardton Woods high amenity Industrial Site and to the south it bounds open countryside. The site is undulating and extends to 6.53ha but because of overhead power lines at its eastern end, has a developable area of about 6.3ha.
1.3 The site is allocated for new housing development in the adopted Cumbernauld Local Plan and should be the final phase of the residential development of Blackwood, although completion of another phase still has to take place.
2. CONSULTATIONS AND OBJECTIONS
2.1 The Coal Authority, British Gas Transco, West of Scotland Water and Scottish Power have been consulted and have responded timeously offering no objections,
2.2 SEPA, East of Scotland Water and the Central Scotland Countryside Trust have been consulted but have not, as yet responded, It is not anticipated that any of them will offer adverse comment but if they do so in the intervening period between preparing this report and the Committee Meeting I will report it verbally to the Committee.
2.3 The Director of Leisure Services has raised a number of issues e.g. access to the play area, which have now been resolved through negotiation. He has also asked for other details e.g. a landscape masterplan, which he considers should be submitted and agreed before any approval is issued. This, however, is not normal procedure and I do not see any special circumstances in this case to deviate from the usual arrangements to require the submission and approval of such matters by condition. I have suggested the requisite conditions in my recommendation.
2.4 There have been no objections received from any members of the public.
Observations/
c:msoff/ww/comaps/9700327 -2-
3. OBSERVATIONS AND CONCLUSION
3.1 The application follows the design brief and the basic elements of the proposed development are acceptable. The requirement for precise details for landscaping, play equipment, fences, wall etc. can be reserved by the imposition of the conditions I have suggested. There being no adverse comment by Consultees or the public I would therefore recommend that planning permission be granted.
c:msoff/ww/comaps/9700327 Application No: N/97/00342/FUL
Date Registered: 10th. December 1997
APPLICANT: RAILTRACK SCOTLAND, 58 PORT DUNDAS ROAD, GLASGOW G4 OHG
Agent: Scott Wilson Railways, 58 Port Dundas Road, Glasgow G4 OHG
DEVELOPMENT: FORMATION OF TEMPORARY ACCESS ROAD
LOCATION: LAND TO THE NORTH OF FOREST ROAD, AT WHITELEES, ABRONHILL, CUMBERNAULD
Ward No: 57 Grid: 278355 - 676963 File Reference: GL Site History: None
Development Plan: Zoned as greenbelt in the Cumbernauld Local Plan
Contrary to Development Plan: No
CONSULTATIONS:
Objection: No Objection: West of Scotland Water No Reply: Conditions: Scottish Power, SEPA
REPRESENTATIONS: Neighbours: No Response Newspaper Advert: One letter from a local resident
COMMENTS: This application is for the formation of a temporary road to allow Heavy Goods Vehicles to access Abronhill Railway Tunnel. Railtrack are planning to demolish the tunnel and form a cutting in its place. This work will remove a major restriction on this line enabling more freight to use the route.
The works to demolish the tunnel are permitted development as all the works (with the exception of the access) are within Railtrack’s operational land. The access road is required for a temporary period to enable some 60,000m3 of material overlying some of the tunnel to be removed to a landfill site. Once no longer required the ground affected by the access road will be reinstated. One letter of objection has been received and is dealt with in the accompanying report.
Recommendation/ Crown copyright Unouthpriaed reprcduction infringes Crown copyr,ig~tand nm lead to prosecut ion f \ RAILTRACK SCOTLAND or civi I procmdY~nga 1 : 2500 Licence No. LA 09041 L 1996 FOREST ROAD ABFCNHICC North Council Lanarkshire FOFMATION OF TEMPORARY ACCESS Date N Bron Way. Cumbernauld G67 1DZ 31 Dec 1997 Telephone 01235 722131 Fox 012% 450462 MAPR E F I -2-
RECOMMENDATION: Grant, subject to the following conditions:-
1. That the development hereby permitted shall be started within five years of the date of this permission
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. That prior to the access road being constructed on site plans, including cross sections, and showing the exact line of the access road and the extent of the engineering operations involved, shall be submitted to and approved by the Planning Authority.
Reason: In the interests of amenity.
3. That prior to the commencement of the development hereby permitted, a scheme of landscapingheinstatement shall be submitted to, and approved in writing by, the Planning Authority, including any modifications as may be required, and it shall include:-
(a) a scheme of tree and shrub planting incorporating details of the location, number, variety and size of trees and shrubs to be planted; (b) details of grass seeding; (c) details of boundary reinstatement and treatment; (d) details of the reinstatement of the ground affected by the access road; (e) details of the reinstatement of the road verge.
Reason: In the interests of amenity.
4. That, except as may otherwise be agreed in writing by the Planning Authority, upon completion of the works to remove Abronhill Railway Tunnel, or within six months of the date of this permission, whichever is the sooner, the following steps will be taken:-
(1) the access point with Forest Road will be closed up and the verge reinstated in accordance with the details approved under Condition 3 above.
(2) the materials used to form the access road shall be removed and the ground made good in accordance with the details approved under Condition 3 above.
(3) the/ -3-
(3) the landscaping scheme required by Condition 3 above shall be implemented in fill on site and thereafter any trees or shrubs which die, are removed, damaged or become diseased within five years shall be replaced within the following year with others of a similar size and species.
Reason: In the interests of amenity.
5. That prior to the access hereby permitted being brought into use fill details of the scheme of traffic management shall be submitted and approved in writing by the Planning Authority, including any modifications as may be required. Once approved the traffic management scheme will be implemented at all times when the access is in use.
Reason: In the interests of amenity.
List of Background Papers:
Planning Application forms and plans Cumbemauld Local Plan Consultation reply from SEPA dated 23 December 1997 Letter from M. Airle 18 Redbum Road Consultation reply from Scottish Power dated 22 December 1997 Consultation reply from West of Scotland Water dated 22 December 1997 Consultation reply from Transportation Manager dated 23 December 1997
Any person wishing to inspect these documents should contact Graeme Lee on 01236-616474 APPLICATION NO: N/97/00342/FUL
1.o PROPOSAL AND SITE
1.1 The proposal involves the formation of a temporary access road from Forest Road across agricultural land to Abronhill Railway tunnel. The land in question lies to the north of Forest Road in the vicinity of Whitelees. The access is required to enable some 60,000m3of material overlying Abronhill Railway tunnel to be removed to a landfill site. This will allow Railtrack to demolish the tunnel and create a cutting in its place.
1.2 The land is zoned as greenbelt in the Adopted Cumbernauld Local Plan and given the temporary nature of the development it is not considered to be contrary to planning policy.
2.0 CONSULTATIONS AND REPRESENTATIONS
2.1 West of Scotland Water has no objections to the proposed development. Scottish Power and SEPA have raised points which can be covered by notes to the applicant. The Transportation Manager has no objections to the proposal.
2.2 A letter has been received from a resident at Redburn Road in response to the newspaper advert. This letter reflects concerns over the advertising of the proposal as a “Potential Bad Neighbour” and seeks that consideration of the application be postponed to allow for further public consultation, including public meetings. This is a formal wording which the Council must use when advertising certain proposals. In this case the application was advertised in this category only because the access may be used between the hours of 8 p.m. and 8 a.m. It is important to emphasise, however, that all the remaining works will be undertaken by Railtrack on the basis of their established Permitted Development rights. They are not, therefore, covered by this application. In view of the above I do not consider it appropriate or necessary to extend the consultation process.
3.0 OBSERVATIONS
3.1 The temporary road is required to allow heavy goods vehicles access to Abronhill Railway Tunnel. Railtrack intend to let a contract (with a view to it starting on site on 1st. February 1998) for works to demolish the tunnel and form a cutting in its place. This is considered necessary to remove load gauge restrictions presently caused by the tunnel. This will then allow “piggy-back’’ and maritime rail container traffic to take Scottish Exports South.
3.2 As proposed the works to demolish the tunnel all take place within Railtrack’s operational land and as such are permitted development under the terms of Class 34 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992. The only method of accessing the tunnel is from Forest Road and then over land not owned by them. It is proposed that Forest Road is reduced to one lane in an eastbound direction with the inside lane being reserved for Heavy Goods Vehicles arriving and leaving the site. Effectively Forest Road would be cordoned off for some 50 metres on either side of the access point to allow Heavy Goods Vehicles to enter and leave the site without prejudicing the safety of other road users.
3.3 The road is required for a temporary period only (for the duration of the contract) and thereafter the access will be closed up and the ground will be reinstated. Any trees lost through the construction of the road will be replaced. This can be ensured by the imposition of planning conditions.
3.4 The4 -2-
3.4 The contract will result in the removal of some 60,000 tonnes of material which currently overlies the tunnel. This will equate to approximately 8,000 lorry movements (based on tipper lorries with a payload of 15 tonnes). Forest Road is a duel carriageway and is capable of handling this level of usage. The Transportation Manager has not objected to the proposal.
3.5 The final stages of the contract for the works can only take place during long track possessions available only in the spring. Essentially, the contractor takes possession of the section of railway affected by the contract and the line is closed. Such possessions tend to be on a Sunday, so it is probable that the access will be subject to intense usage during these periods. The residential area of Whitelees is separated from Forest Road by a dense landscape belt, nevertheless it is likely that the residents will suffer some loss of amenity during these periods.
Given that the works are permitted development and the restrictive nature of the contract, it is considered that this will be unavoidable and it would not be reasonable for the Council to restrict the use of the access road.
3.6 It would be possible to restrict the times that the access road is used during the non-possession work, however, the effect of this may be to increase the duration of the works and thereby prolong any detriment to the amenity experienced by the residents in Whitelees. It should be noted that even if the use of the access road were to be restricted, work could still continue on Railtrack land which is outwith the control of the Council and all that would occur is that the use of the access during the permitted times would be intensified. Consequently, it is not considered reasonable or desirable to restrict the hours during which the access road can be used.
4.0 CONCLUSIONS
4.1 It is considered that the proposed access road will allow Railtrack to upgrade this section of the Scottish Rail Network by removing the obstruction caused by Abronhill Railway Tunnel. The access road is for a temporary period only and is considered acceptable in planning terms, consequently it is recommended that planning permission is granted.
Comaps97/9700342/GL/JK Application No. C/97/00302/FUL Date registered 2 July 1997 APPLICANT CLARKSTON PARISH CHURCH, FORREST STREET, AIRDRIE
Agent A.C. Sefton, 24 Windsor Drive, Glenmavis, ML6 OPU DEVELOPMENT ERECTION OF CONSERVATORY & GARAGE LOCATION THE MANSE, FORREST STREET, AIRDRIE ML6 7
Ward No. 43 Grid Reference 278390665990
File Reference C/PL/AIF7 14/CM/GW
Site History None
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the site is located within an area covered by the following policy:
HG 9 (Housing Policy for Existing Residential Areas)
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions No Reply
REPRESENTATIONS
Neighbours One letter of objection and petition with ten co-signatures.
Newspaper Advertisement
COMMENTS The applicant seeks planning consent for the erection of a conservatory and garage. Having considered the matters raised by the objector it is my view that the proposal as amended would be acceptable as it would raise no significant amenity problems and would meet the terms of the Council’s Design Guidance.
RCM004G/gw I! RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
List of Background Papers
- Application Form and Accompanying Plan as Amended - Adopted Monklands District Local Plan 1991 - Letter of Objection and Petition dated 8 July 1997 from Mr George Morrison, 265 Forrest Street, Airdrie ML6 7BA
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Colin Marshall.
RCM004G/gw CONDITIONS
That the development hereby permitted shall be started within 5 years of the date of this permission.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That the development shall be carried out strictly in accordancewith the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Planning Authority.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
That the facing materials to be used on the proposed extension and garage shall match that on the existing dwellinghouse.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
That the use of any garage within the site hereby approved shall be restricted to private use incidental to the enjoyment of the dwellinghouse on the site, and no commercial activity shall be carried out in, or from, the garage.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
RCM004G.DOC APPLICATION NO. C/97/00302/FUL
REPORT
1. SITE AND PROPOSAL
1.1 Detailed planning permission is being sought for the erection of a conservatory and garage at The Manse, Forrest Street, Airdrie. Originally the applicant also sought planning permission to form a new vehicular access to a private access road, however, this aspect of the proposal was subsequently deleted following discussions between neighbouring residents and the applicant.
1.2 The application site relates to the existing Manse located to the east of Forrest Street, Airdrie. It is bounded to the north by the Clarkston Parish Church Hall to the west by a Bus Depot and to the south by a private access road serving properties located at 265-283 Forrest Street, Airdrie. The property fronts Forrest Street and consists a single storey detached dwellinghouse situated within a large garden curtilage. An existing single domestic garage is located to the rear.
1.3 The proposed conservatory would be situated on the south elevation of the bungalow providing an additional floor area of approximately 23m2. The existing garage would be demolished and new flat roofed garage measuring 6 metres x 6 metres would be repositioned further back within the garden curtilage. As noted above the proposal no longer involves the formation of a new vehicular access.
2. CONSULTATIONS AND OBJECTIONS
2.1 There were no external consultees involved in consideration of this application.
2.2 One letter of objection was received from the applicants neighbour who resides at 265 Forrest Street, Airdrie. The terms of the objection were supported by a petition endorsed by ten signatories residing at 265 - 283 Forrest Street, Airdrie. The grounds for the objection area summarised as follows:
(a) that the conservatory would overshadow the surrounding area; (b) that the new access would result in problems for existing residents.
3. OBSERVATIONS AND CONCLUSIONS
3.1 Turning firstly to the terms of objections raised by the adjacent residents I would advise that the scale and positioning of the proposed conservatory would be unlikely to cause an overshadowing affect on any adjacent neighbours property. Indeed it is obvious from the attached location plan that the nearest objector is located some 20 metres away from the applicants property between which lies an area of open landscape, private access road and pavement. Indeed due to the positioning of the conservatory the extension would only cast a shadow over the garden ground of the Manse itself. This objection can quite safely be dismissed in this instance.
3.2 The concerns expressed over the access do not need further consideration as the applicant has decided to delete this part of the proposal from the application. However, it should be noted that I would have no objection to the formation of this access as it would have improved the existing position. As the private access to the rear of the adjacent properties is considered a “private road” the applicant there would have been legally obliged to have obtained permission of all owners to permit an alteration to this road. Clearly this was not negotiable.
3.3 The current proposals generally conform to the current design guidance and raise no significant amenity concerns and in view of the foregoing assessment it is recommended the application is approved.
RCM004G/gw Application No. Cl97100406 Date registered 1 October 1997 APPLICANT MR I MOHAMMED, 28 WHIFFLET STREET, COATBRIDGE
Agent Mr E Sloane, 1063 Sauchiehall Street, Glasgow, G3 7UD DEVELOPMENT REINSTATEMENT OF EXTERNAL VENTILATION FLUE LOCATION 28 WHIFFLET STREET, COATBRIDGE
Ward No. 34 Grid Reference 736161407
File Reference CPLlCTW43 5028lGPQlGW
Site History See Back-up Report
Development Plan Under the Adopted Monklands District Local Plan 1991 the site is covered by policies COM 12 and 15 (policies for Maintaining Viability of Whifflet Local Centre) and policy COM 5 (policy for shopping and related use within Whifflet Local Centre).
Contrary to , Development Plan No
CONSULTATIONS
Objection No Objection NLC Director of Environmental Services Conditions No Reply
REPRESENTATIONS
Neighbours One
Newspaper Not Required Advertisement
COMMENTS The applicant proposes to erect an external ventilation flue, adjacent to the rear wall of the premises leading from the proposed kitchen area and along the upper floor wall to a point above eaves level. This flue is proposed to be installed as a means of disposing cooking fumes from the premises, and is in fact a replacement for a flue previously removed following objections from neighbours who allegedly had a legal interest in the property on to which it was attached.
On assessment of the proposed it is acknowledged first of all that ventilation flues inevitably are visually unattractive structures. However, this fact does not alone provide sufficient justification for refusal, as every case has to judged on its own merits. Given the concealed location of the proposal and the nature of the building ( tenementall commercial flatted property) on to which it is proposed to be attached, there are no planning concerns in terms of visual amenity.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
RGPQOOlG/gw - Reproduced from Ordnance Survey with N APPLICATION NO: C/97/00406/FuL the permission of the Controller of Her PROPOSAL/SITE: REINSTATEMENT OF EXTERNAL NORTH '? Majesty's Stationery Office 0 Crown L SCALE 1:1250 Copyright. Unauthorised reproduction VENTILATION FLUE TO EXISTING HOT FOOD SHOP infringes Crown Copyright and may lead to C AT 28 WHIFFLET STREET, COATBRIDGE 8 +U i prosecution or civil proceedings. North Lanarkshire Council Licence number List of Background Papers
- Application Form and Accompanying Plans - Adopted Monklands District Local Plan 1991 - Letter of objection form Messrs Leonards Solicitors, dated 16 October 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812381 and ask for Mr Gerard Quinn.
RGPQ001GIgw CONDITIONS
1. That the development hereby permitted shall be started within 5 years of the date of this permission.
Reason : To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
2. Notwithstanding the approved drawings, the flue shall terminate at a distance of 1 to 1.5 metres from eaves level.
Reason : In the interests of amenity.
RGPQOO 1G.DOC APPLICATION NO. C/97/00406
REPORT
1. INTRODUCTION
1.1 Planning permission is sought for the erection of an external ventilation flue on the property at 28 Whifflet Street, Coatbridge.
2. APPLICATION SITE
2.1 The property concerned is one of a row of ground floor shop units within a two storey pitched roof building comprising retail/commercial uses on the ground floor and flatted residential properties on the first floor. The building lies in the north east part of the local Whifflet centre directly facing the A725 Whifflet Street roadway. Whilst the front of the building is clearly the most prominent part of the site the rear is characterised by the conventional backyard as rear service access for commercial and residential purposes, bin storage areas and stairways servicing the flats on the first floor. Two ventilation flue ducts have already been erected in connection with other hot food shops established on the ground floor of the building.
3. DEVELOPMENT PLAN
3.1 Under the Adopted Monklands District Local Plan 1991 the property is covered by policies relating to the Whifflet local centre. Policies COM 12 and 15 are policies aimed at maintaining the viability of the centre, and policy COM 5 is specifically devised for shopping and related uses.
4. PLANNING HISTORY
4.1 On 6th August 1985 planning permission (85197) was granted for the use of premises at 28 Whifflet Street as a hot food take away shop. This use was subsequently implemented by operators trading under the name “The Hot Spot”. As a condition of that planning permission there was included a requirement that no smell nuisance shall be generated by the development and that any mechanical ventilation system that may be required shall be acceptable to the Director of Environmental Services (formerly of Monklands District Council).
Whilst operating as “The Hot Spot” the hot food shop did not require any flue or other means of mechanical ventilation to prevent smell nuisance.
However, when the property was taken over for Indian cuisine in 1993, a planning application (No. 93540) was submitted for the erection of a rear ventilation flue to the property at 28 Whifflet Street, Coatbridge. This ventilation flue was subsequently granted planning permission on the 25 February 1994 and was duly erected by the operator.
In recent times, the operator has been in dispute with neighbours over the legality of locating the flue on an allegedly “communal” wall area. As a result, the operator has been forced to remove the flue and to submit this most recent planning application for a new flue on another part of the rear of the building. The operator therefore now awaits a decision from the Council on the new proposals. In the meantime, the Director of Environmental Services, through communication with the operators, has emphasised the importance of achieving a satisfactory alternative flue and has in fact held intended legal action against smell nuisance in abeyance pending a decision on this present application.
5. REPRESENTATIONS
5.1 In response to the neighbour notification process, one letter of objection was received from Mssrs Leonards Solicitors, (Hamilton), on behalf of Mr Akram Mohammed. The grounds of objection are:
1. The flue would be attached on to part of the roof area of which the objector is the CO proprietor and would not give his approval. RGPQOOlG/gw 2. The flue in its position would be unsightly and would affect the amenity of the objectors property.
6. ASSESSMENT
6.1 First of all, it is clear that the use of the premises as a hot food shop is not part of this planning application, having been considered and approved by the local planning authority through planning consent No. 85197. Under current consideration is the physical development represented by the erection of a ventilation flue on to the existing building. In undertaking the assessment, it is acknowledged that the ventilation flue, by its very nature, is inevitably a visually unattractive structure. However, on judging the application proposal purely on its own merits it is considered that in view of the relatively concealed location there would not be any detriment to visual amenity.
It should be noted that any future concerns relating to smell emissions can be adequately and appropriately addressed and controlled through the mechanism of the original planning consent or through pollution control legislation, although the expectation for them to occur is no greater than that associated with other hot food establishments, operating with mechanical ventilation systems.
On the grounds of objection received the following comment is provided.
1. The applicant’s ability to implement the proposal, particularly in relation to his ability to seek agreement of co-proprietors for the physical works, is not relevant to the planning assessment. Assumedly the applicant will need to obtain the separate legal agreement of other owners to erect the flue (particularly the person who has formally objected to the proposal) but such a requirement is purely a matter for him. Should the applicant be unable to erect the flue, legislation administered by the Department of Environmental Services of North Lanarkshire Council or planning legislation exercised by this department in relation to the existing planning consent, may result in action being taken against the operator, in relation to smell nuisance. However, again this matter is not appropriate to the planning assessment which relates clearly to the material consideration of the visual amenity impact of the physical proposal.
2. As indicated in the main body of this assessment, it is considered that the proposal would not result in disamenity either to the application property or surrounding environment.
7. CONCLUSIONS
7.1 It is concluded therefore that planning permission could be granted for the flue subject to the attached conditions.
RGPQOO 1G/gw Application No. CPL/97/045 5FUL Date registered 28 October 1997 APPLICANT MRS R KEIRNAN, 5 FORREST STREET, AIRDRIE
Agent Mr D Winning, 25 Monks Road, Airdrie, ML6 7QW DEVELOPMENT ERECTION OF TWO STOREY CHILDREN’S DAY CAFE NURSERY LOCATION ‘CROFTPARK’, 5 FORREST STREET, AIRDFUE
Ward No. 45 Grid Reference 277305665575
File Reference CPL/AIF7 140050000-1A
Site History 95023 Part Use of Dwellinghouse as Nursery Granted 16 March 1995
C/96/178 Erection of Two Storey Building within Curtilage of Nursery for Use as Additional Private Day-Care Nursery Accommodation. Granted 19 June 1996.
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following po1ices:- HG9 Housing (Policy for Existing Residential Areas) ENV15 (Conservation Area)
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection The Coal Authority, NLC Director of Environmental Services, NLC Education Department (Early Years Series) Conditions No Reply
REPRESENTATIONS
Neighbours One Letter of Objection
Newspaper Advertisement No Response
COMMENTS The proposal relates to an amendment to a previous planning consent (C/97/178) which established the principle of locating a Pre-School Nursery at this location. The following assessment considers the merits of the proposed alteration to the external appearance of the proposed building and to the impact these alterations may have to the existing property and the surrounding conservation area. Although one letter of objection was received, I consider the subsequent revision to the design (removing all window openings on the west elevation) would not affect the existing amenity of the objector’s property. In addition, it is my view that the proposal generally meets the terms of the Council Design Guidance on Conservation Area. As such the proposal would be considered acceptable.
RECOMMENDATION
RCM003Wmd the-permission of the Controller ofHer PROPOSAL/SITE: ERECTION OF TWO STOREY CHILDREN’S ~~~~:~250 Majesty’s Stationery Ofice 0 Crown Copyright. Unauthorised reproduction DAY-CARE NURSERY ACCOMMODATION AT “CROFTPARK”, 5 intiinges Crown Copyright and may lead to c FORREST STREET, AIRDRIE prosecution or civil proceedings, North Lanarkshire Council Licence number LAO904IL 2
RECOMMENDATION Grant, subject to conditions on the attached sheet.
List of Background Papers
- Application Forms and Plans - The Adopted Monklands District Local Plan 199 1 - Consultation Response from Coal Authority dated 6 November 1997 - Consultation Response from Director of Education Service dated 11 November 1997. - Consultation Response from NLC Director of Environmental Services dated 17 November 1997 - Letter of Objection from Mr I H Nicol, Westgate, 118 Motherwell Street, Airdrie dated 12 November 1997. s..... Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr C Marshall. 0
RCM003Wmd CONDITIONS
1. That the development hereby permitted shall be started within 5 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 shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Planning Authority.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
3. That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority
Reason : To enable the Planning Authority to consider these aspects in detail and in order to safeguard the a property itself and the amenity of the surrounding area. 4. That the premises shall be used as a childrens day nursery and for no other purpose (including any purpose in Class 15 of the Schedule of the Town and Country Planning (Use Classes) (Scotland) Order 1989, or in any provision equivalent to that Class in any statutory instrument revoking and re-inacting that Order, without the prior written consent of the Planning Authority.
Reason : In order to ensure that the use of the premises hereby granted remains compatible with the character of the surrounding area, and that no activities take place which might be detrimental to the amenity thereof.
5. That the opening hours of the premises hereby granted consent shall be limited to 0830 to 1730 Monday to Friday only.
Reason : To safeguard the amenity of the surrounding Conservation Area.
One parking space per staff member shall be provided within the boundary of the site prior to the use of the premises hereby approved commencing.
Reason : To ensure the provision of adequate parking facilities within the site.
7. That notwithstanding the approved drawings the proposed external finish of the building shall be subject to further discussion with the Planning Authority and no further works shall commence on site until these details have been agreed in writing.
Reason : To safeguard the amenity of the surrounding Conservation Area.
RCM003M.DOC APPLICATION NO. C/97/00455
REPORT
1. SITE AND PROPOSAL 1.1 Planning permission is being sought for an amendment to the design of a proposed two-storey day care children’s nursery at ‘Croftpark’, 5 Forrest Street, Airdrie. The original planning application (C/97/178) was approved subject to condition on 19 June 1996.
1.2 The application site relates to the large garden curtilage of ‘Croftpark’which consists of a Victorian villa located on the north side of Forrest Street, Airdrie. The surrounding area is predominantly residential and the site is located within the Drumgelloch Conservation Area.
1.3 The proposed children’s nursery would be sited to the north west of the garden curtilage as previously approved and the main alterations would include an increase in window opening areas to the building’s north, south and east elevations. In addition a doorway would be relocated from the east elevation to the south elevation. The overall height and floor area of the building would not change from that previously approved. It should be noted that the building has been partially completed 0 however building works have been postponed to allow consideration of the proposed amendments. 2. CONSULTATIONS AND REPRESENTATIONS 2.1 The Coal Authority have no objections to the proposed development but advised that the application site is within a zone of influence from workings in four seams of coal at approximately lOOm to 2140m in depth, the last date of working being 1900. They further advised that whilst ground movements from these past workings should by now have ceased the developer should satisfy himself that the ground is suitable for this development.
2.2 The Director of Environmental Services had no objection to the proposal but advised that the applicant should provide adequate hot and cold water supplies to kitchen and child changing areas.
2.3 The Director of Education Services (Early Years Service) had no objection to the proposal and further advised that as there is considerable local demand for nursery places (particularly within the 0-3 age range) the department considered such proposals provide a welcome resource to the area.
2.4 One letter of objection was received from Mr I H Nicol, Westgate, 118 Motherwell Street, Airdrie who expressed concern over a loss of privacy due to the inclusion of window openings on the building’s west elevation.
2.5 In response to this concern the applicant has since submitted a further amendment to the design of the building which deletes all window openings to the west elevation. It is my view that whilst the objector’s initial concerns would have been sustained the subsequent revision to the design would be acceptable and would not affect the existing amenity of the objector’s property.
3. OBSERVATIONS & CONCLUSIONS
3.1 It should be noted that the principle of establishing an additional Children’s Day Care Nursery at this site has already been established under the terms of planning consent C/96/178. The main considerations of the current application relate directly to an assessment of the alterations to the proposed two-storey building.
3.2 Whilst the overall scale of the building would not change the applicant intends to increase the window openings to increase levels of daylight to the proposed playrooms. Having examined the amended drawings I consider the revised design would be acceptable. There would be no window openings on the west elevation and as such the concerns expressed by the objector (refer para. 2.4 above) would be met.
RCM003Wmd 2
The revised design would still accord with the terms of the Council’s Design Guidance on Conservation Areas as the alterations would reflect a traditional style and appearance and as such would not have a detrimental affect on the amenity of the existing property or that of the surrounding Conservation Area.
RCM003Wmd Application No. C/97/00462/FUL Date registered 30 October 1997 APPLICANT K MING SHEK, 28 GALLOWAY AVENUE, HAMILTON. ML3 7UR
Agent Hypostyle Architects, 26 Campbell Street, Hamilton. ML3 6AS DEVELOPMENT CHANGE OF USE OF DISCOTHEQUE TO RESTAURANT AND ASSOCIATED HOT FOOD TAKE AWAY LOCATION 26 SUNNYSIDE ROAD, COATBRIDGE
Ward No. 34 Grid Reference 273070 665200
File Reference C/PL/CTS8710260000/CM/ES
Site History 79473 Continuation of permission for Discotheque Granted 13 February 1980 80475 Part Change of Use for the Sale of Car Parts Refused 21 November 1980 92029 Erection of Side Extension to Discotheque Granted 27 March 1992
Development Plan Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by the following policies:- ECON 9 Secondary Core Area TR 10 Encourage Off Street Parking Provision ENV 15/1 Conservation Area (Blairhill and Dunbeth) COM 10 Hot Food Shops ENV 16 Conservation Area Improvements
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection Conditions NLC Director of Environmental Services No Reply
REPRESENTATIONS
Neighbours No Response
Newspaper Advertisement No Response
COMMENTS The applicant seeks planning consent for a change of use of an existing discotheque to a restaurant and hot food takeaway. The proposal would involve mainly internal alterations to provide new kitchen facilities and public seating area. External alterations would include provision of an extractor flue and widening of a doorway thereby altering the main access point to the building. The proposal generally accords with the terms of the Council’s policy for such proposals and in my view the change of use would raise no significant amenity concerns. It is therefore my view that the proposal would be acceptable and recommend the application is approved subject to conditions.
RECOMMENDATION
Grant, subject to the conditions on the attached sheet.
RCM003EIes isecution or civil proceedings. rth Lanarkshire Council Licence number .0904IL List of Background Papers
- Application Form and Plans as amended - Adopted Monklands District Local Plan 1991 - Consultation Response from NLC Director of Environmental Services dated 25 November 1997
Any person wishing to inspect the above background papers should telephone Coatbridge 812376 and ask for Mr Colin Marshall.
RCM003EIes CONDITIONS
1. That the development hereby permitted shall be started within 5 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 shall be carried out strictly in accordance with the plans hereby approved and no change to the design or external finishes shall take place without the prior written approval of the Planning Authority.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
3. That any repairs to external walls as a result of the proposed works shall be finished in matching materials to the satisfaction of the Planning Authority.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
4. That the externally mounted extractor flue shall extend a minimum height of 1.0 metre above the roof eaves and be finished in black annodised aluminium or painted to the satisfaction of the Planning Authority.
Reason : In order to safeguard the property itself and the amenity of the surrounding area.
5. That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts, or projecting signs shall be displayed on the premises without the prior written consent of the Planning Authority.
Reason : To enable the Planning Authority to consider these aspects in detail and in order to safeguard the property itself and the amenity of the surrounding area.
RCM003E.DOC APPLICATION NO. C/97/00462/FUL
REPORT
1. SITE AND PROPOSAL
1.1 Planning permission is being sought for a change of use of an existing discothequelnightclub (Tokyo Joe’s) to a restauranthot food takeway at premises located at 26 Sunnyside Road, Coatbridge.
1.2 The application site relates to an existing single storey flat roofed detached building located off Sunnyside Road. The building is located within the middle of a public car parking area. Its main entrance is on its western elevation which faces Sunnyside Road.
1.3 The proposal would involve internal alterations to provide new kitchen facilities and public seating area. External alterations would be limited to the provision of a extractor flue and widening of an existing doorway at the building’s southern elevation to form the main entrance to the restaurant. Existing signage relating to the nightclub use would be removed.
2. CONSULTATIONS/REPRESENTATIONS
2.1 NLC Director of Environmental Services had no objection to the proposal provided the proposed extract flue is positioned at least one metre above the eaves of the roof.
2.2 No other representations were received in regard to this application.
3. ASSESSMENT
3.1 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by Policy ECON9 (Secondary Core Area) where the principle of mixed uses are acceptable provided there would be no adverse environmental impact. Whilst the proposed use may be considered as a “bad neighbour” development it is my view that the use of these particular premises as a restauranthot food takeaway would not have a detrimental impact on the amenity of the surrounding area. The building is single storey and detached from the surrounding properties and the applicant proposes to erect a externally mounted extractor fan to the requirements of the Director of Environmental Services.
3.2 The property is situated on the edge of the town centre and there is adequate parking facilities within the adjacent public car park. As such the proposals raise no concerns over traffic safety issues.
3.3 The building itself is fairly functional in design consisting of a flat roofed structure and the proposal would involve fairly minor alterations to its external appearance. The main entrance to the existing nightclub would be altered to provide an emergency exit. A new entrance would be formed at the building’s south elevation by opening up an existing doorway. No details of revised signage were submitted for consideration. Overall the proposed alterations would be considered acceptable provided traditional and matching materials are used on external surfaces.
4. RECOMMENDATION
4.1 In view of the above considerations the proposal would be considered acceptable and I recommend that planning permission is granted in respect of this application.
RCM003E/es Application No. Cl97100486lAMEND Date registered 13th November 1997 APPLICANT SHANKS & McEWAN LTD., A8, EDINBURGH ROAD, COATBRIDGE ML5 4UG Agent DEVELOPMENT CHANGE IN HOURS OF OPERATION (AMENDMENT TO CONDITION 22 OF PLANNING CONSENT NO. 861458) LOCATION SHANKS & McEWAN, LANDFILL SITE, GREENGAIRS
Ward No. 44 Grid Reference 79026902
File Reference GWD0421018000-5
Site History Planning Permission (No. 861458) was granted on 6th July 1988 for the reclamation of opencast workings by the importation of waste materials and the provision of recreational facilities, on land at Darngavil Road, Greengairs. Condition No. 22 of that consent stipulated that the site shall only operate for tipping from Monday to Friday, 8 a.m. until 8 p.m. and Saturday, 8 a.m. until 1 p.m.
Development Plan Within the Adopted Monklands Local Plan 1991 the site is zoned under policy GB2 (Countryside around Towns) and under the Approved Structure Plan 1995 the site lies within the greenbelt.
Contrary to Development Plan No.
CONSULTATIONS
Objection No Objection North Lanarkshire Council Head of Protective Services and S.E.P.A. Conditions No Reply
REPRESENTATIONS
Neighbours None
Newspaper Advertisement 1 objection
COMMENTS Site Operator, Shanks McEwan, has applied for authorisation from the Council for a change in the operating hours stipulated by Condition 22 above to the following:-
7.30 a.m. - 7.30 p.m. - Monday to Friday, and 7.30 a.m. - 1 .OO p.m. - Saturday.
On assessment of these proposals from a planning viewpoint, it is considered that the environmental and amenity effects resulting from the proposed alterations would not be significant and would not represent any detriment to the local community.
RGPQ005Mhd
2
RECOMMENDATION
Grant, subject to the condition on the attached sheet.
List of Background Papers
- Application form and plans - Adopted Monklands District Local Plan 1991 - Planning Permission No. 861458 - Letter of objection from Mr John Wilson, 422 Greengairs Road, Greengairs
Any person wishing to inspect the above background papers should telephone Coatbridge 812381 and ask for Mr Gerard Quinn.
RGPQOOSM/md CONDITIONS
1. The hours of operation for tipping in respect of the development approved by planning permission No. 86458 shall be 7.30am to 7.30pm from Monday to Friday and 7.30am to lpm on a Saturday.
Reason : In the interests of amenity.
RGPQOO5M.DOC APPLICATION NO. M/P7/00486/AMEND
REPORT
1. INTRODUCTION
1.1 Planning permission is sought by Shanks & McEwan Ltd. for an alteration to the authorised operational hours currently applying to the existing landfill site at Damgavil Road, Greengairs.
2. SITE HISTORY
2.1 On the 6th July 1988 planning permission was granted for reclamation of opencast workings, by the importation of waste materials and the provision of recreational facilities on the site at Damgavil Road, Greengairs. The consent currently is set to last for 20 years, with the operations expected to end therefore on 6th July 2008. The infilling operations are proposed on a phased basis (12 phases) with progressive site restoration to forestryAeisure use. These works are currently active and are monitored regularly by this Department to ensure compliance with all requirements of the planning permission.
3. THE PROPOSALS
3.1 The applicant seeks permission to operate from the hours of 7.30 a.m. to 7.30 p.m., Monday to Friday and 7.30 a.m. to 1 p.m., Saturday. In effect, the applicant requires approval by the Council to the amendment of Condition 22 of the original consent which stipulates that the hours should be 8.00 a.m. to 8.00 p.m., Monday to Friday and from 8.00 a.m. to 1 p.m., on a Saturday.
4.0 CONSULTATIONS
4.1 No adverse responses have been received from any of the consultees contacted in relation to the proposals.
5.0 REPRESENTATIONS
5.1 As a result of the press advertisement, one letter of objection was received from Mr John Wilson, of 422 Greengairs Road, Greengairs. The ground of objection is that an extension to the hours of operation would result in additional vandalism and uncontrolled air pollution.
6.0 ASSESSMENT
6.1 From an assessment of the working hours, it is clear that apart from the period of 30 minutes extra on a Saturday, the operational hours are not proposed to be extended. Simply, the applicant in respect of the days from Monday to Friday, proposes to start and finish operations each day half an hour earlier.
6.2 As far as the planning merits are concerned, it is considered that the material consideration in this case is the potential effect of the change in hours to current standards of environment and amenity. Following a full assessment, including consideration of the response received from the Head of Protective Services, it is concluded that the effects on the environment and amenity of the local community would be neutral. Indeed, it is noted that the proposed new working hours are not unusual and are regularly associated with other operations of a similar type.
RGPQOOSMImd -2-
6.3 As for the representation received, it seems that the objection is put forward on the premise that there would be an extension to working hours and hence an increase in the levels of disturbance and nuisance from which the objector claims to suffer. Apart from the extra half hour proposed on the Saturday morning, there is no proposed extension to the working hours. In effect, this objection is in fact more relevant to the current operations. In this respect, the operations, including all relevant working practices are monitored by this Department in liaison with the Department of Environmental Services. Notably, over the working period so far no significant problems have arisen. Any complaints or concerns with regard to future operations will continue to be investigated to ensure that the operator complies with the requirements of the planning permission.
7. CONCLUSIONS
7.1 It is concluded therefore that planning permission should be granted for the proposed amendment subject to the attached condition.
RGPQ005M/md Application No. S/96/003 19/FUL Date registered 17 June 1996 APPLICANT MR SETHI, BRAEFOOT, BRAIDWOOD ROAD, CROSSFORD, CARLUKE ML85NQ Agent DEVELOPMENT CHANGE OF USE OF SHOP TO ENGINEERING STORES/WORKSHOP LOCATION UNIT 6, INNERLEITHEN DRIVE, COLTNESS, WISHAW ML2 8SA
Ward No. 10 Grid Reference 280352 656917
File Reference S/PL/B/4/6(77)/GMcK/AB
Site History No significant site history
Development Plan Area of no change (Written Statement) Wishaw Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection NLC Environmental Services Conditions No Reply
REPRESENTATIONS
Neighbours Letter of representation from Coltness Community Council, Letter of objection from Cllr Holloway Newspaper Advertisement Not Required
COMMENTS This application seeks planning permission for a change of use from shop to engineering stores/workshop at Unit 6 Innerleithen Drive, Coltness, Wishaw. The unit is located at the end of a row of six. The block is in a poor state of repair and five of the units are currently vacant. After consultation no objections were received. One letter of representation has been received from the Coltness Community Council and the local councillor has objected. For the reasons contained in my accompanying report it is recommended that planning permission is granted.
RECOMMENDATION Grant, subject to the following conditions:------
Reproduced from Ordnance Survey with the pBrmisSion Of the Controller of Her Majesty’s Stationery Office ~ Crown CHANGE OF USE OF SHOP TO ENGINEERING STORE/WORKSHOP 1: 1250 Copyright. Unauthorised reproduction infringes Crown copyright and may lead UNIT 6, INNERLEITHEN DRIVE tO DPOSeCUtiDn Or Civil DrDCBBdingS COLTNESS. WISHAW Date N North Lanarxsnire Council Licence nunbe? LAOPO4iL OBJECTOR OUTWITH MAP AREA 23/12/97 I That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That before the development hereby permitted is completed, or brought into use, details of a scheme for the repair and redecoration of the property and accompanying rear service area, shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the amenity of the adjoining residential area.
List of Background Papers
Application form and accompanying plans dated 17/6/96 (Written Statement) Wishaw Local Plan Memo from NLC Environmental Services dated 2/7/96 Letter from Coltness Community Council dated 5/7/96 Letter from Cllr Holloway dated 23/12/97
Any person wishing to inspect the above background papers should telephone Motherwell 302 139 and ask for Gwen McKillop. APPLICATION NO. S/96/003 19/FUL
REPORT
1.o SITE AND PROPOSAL
1.1 This application relates to the change of use of one of the shop units at Innerleithen DriveDuns Crescent, Coltness, Wishaw. The application site is within a residential area, the nearest dwellinghouse however is approximately 35 metres to the west of the site.
1.2 The unit is located at the end of a row of six single storey shop units. The block has a large forecourt accessed from Duns Crescent and an extensive open service area to the rear accessed from Innerleithen Drive.
1.3 The units were erected in 1973 and are run down in appearance. Only one of the six units is let and is in use as a supermarket. Of the remaining units the applicant owns units 4-6. Unit 5 has planning permission for a hot food takeaway and unit 4 for a joiners store/workshop. The applicant is presently trying to let these units and it is his intention to let or sell unit 6 for the same purpose as unit 4.
2.0 CONSULTATIONS
2.1 After consultation no objections were received.
3 .O REPRESENTATIONS
3.1 One letter of representation has been received from Coltness Community Council in relation to this application.
3.2 The Community Council does not object to the proposal, but has requested that the unit should be cleaned up and repaired.
3.3 The local councillor for the area however has objected. Councillor Holloway objects to the use of the retail unit for industrial purposes.
4.0 OBSERVATIONS AND CONCLUSION
4.1 This application seeks permission for a change of use from shop to engineering stores/workshop. Planning permission was granted for a similar operation at unit 4 in June 1995 (App No. 155/95). No objections or complaints have been received in relation to this business.
4.2 The Community Council’s concern regarding the state of repair of the unit is noted. This matter has been investigated and under the Building (Scotland) Act 1959 a Section 13 Notice is to be served to secure the safety of unit 2. Although unit 6 is not considered to be dangerous it’s state of repair is poor and will deteriorate. To secure the safety and maintenance of this unit it is considered that the applicant should submit details of a scheme for the redecoration of the unit and accompanying rear service area. 4.3 The proposal would bring back into use a vacant unit. Furthermore it would be able to provide sufficient parking, access and manoeuvring. A similar business has also been in operation within the row of units, without complaint. I therefore recommend that subject to conditions, planning permission is granted. Application No. S/96/00659/FuL Date registered 19 November 1996 APPLICANT HEADWAY DEVELOPMENTS LTD, 82 MUIR STREET HAMILTON ML3 6BJ Agent DEVELOPMENT ERECTION OF 3 1 DWELLINGHOUSES LOCATION MURDOSTOUN CASTLE ESTATE, NEWMAINS
Ward No. 16 Grid Reference 282150-656950
File Reference SP/M4/4 1
Site History See attached report
Development Plan Finalised Wishaw Local Plan (Policy El) Strathclyde Structure Plan (Policy GB 1) Colrtrary to Dev. Plan Yes
CONSULTATIONS
Objection Councillor D. McKendrick No Objection West of Scotland Water SEPA Coal Authority Central Scotland Countryside Trust Conditions Scottish Natural Heritage Transportation Manager No Reply Garden History Society
REPRESENTATIONS
Neighbours None Section 23 N/A
COMMENTS The applicants seek planning permission for the construction of 3 1 dwellings on land forming part of the Murdostoun Estate. The site extends to approximately 1 hectatre (2.4 acres) and is located to the north of East Crindledyke and to the north west of the existing Barratt residential development. The site lies to the east of the A73 between Bellside and Newmains
The application was submitted by the developers in November 1996 and was included in the agenda for the Planning and Development Committee on 26 February 1997. However the applicant withdrew the application from the planning process on 25 February 1997 to allow him to give further consideration to the proposals. Revised drawings were submitted in November 1997 which reduced the number of dwellings from 34 to 3 1, repositioned the individual units and revised the road layout. ,------
------
~ntringesCrow cooyright and may leaa The area covered by the application exceeds the limits set for residential development in previous planning permissions. An objection to the original proposals was received from Councillor D McKendrick in addition to several reservations expressed by Consultees.
The proposal is contrary to the Greenbelt policies contained in the Development Plans which currently cover the area and, therefore, I consider that permission should be refused.
RECOMMENDATION
Refuse, on the following grounds, viz:-
(1) That the proposal would be contrary to the provisions of Policy El of the Finalised Wishaw Local Plan in that it would constitute residential development within the Greenbelt.
(2) That the proposal would be contrary to the provisions of the Structure Plan Policy GBl in that the development would result in the spread of the built up area and encroachment on the countryside.
(3 1 That the proposal would be contrary to Policy ENV4 within the Consultative Draft of the Motherwell District Local Plan in that the development would result in the spread of the built up area, encroach on the countryside and reduce existing wildlife habitats.
(4) That the granting of permission for residential development without justification on acceptable rural grounds within this area would prejudice the Council's ability to control development within similar Greenbelt locations.
NOTES TO COMMITTEE
(1) If granted, this application will require to be referred to the Secretary of State in accordance with Town and Country Planning (Notification of Applications) (Scotland) Direction 1997.
List of Background Papers
Application form and accompanying plans Finalised Wishaw Local Plan Draft Motherwell District Local Plan Strathclyde Structure Plan Letter dated 4/12/96 from Central Scotland Countryside Trust Letter dated 4/12/96 from West of Scotland Water Memo dated 5/12/96 from Head of Parks and Amenity, NLC Letter dated 10/12/96 from SEPA Letter dated 23/12/96 from Scottish Natural Heritage Letter dated 23/12/96 from The Coal Authority Memo dated 9/1/96 from Head of Parks and Amenity, NLC
Any person wishing to inspect the above background papers should telephone Motherwell 302098 and ask for Miss Penman. APPLICATION NO. S/96/00659/FUL
REPORT
1. DESCRIPTION OF SITE AND PROPOSAL
1.1 The applicants seek detailed consent for the construction of 31 dwellings on land forming what was previously part of the Murdostoun Estate at Newmains. The site lies between the dismantled railway line and the A73, and is directly to the North West of the existing housing at East Crindledyke and the new Barratt development.
1.2 Headway Developments Limited proposed to erect 31 dwellings comprising 6 x 2 bed semis, 6 x 3 bed. bungalows, 7 x 3 bed. detached villas and 12 x 3 bed. semi-detached villas. The residential development is proposed on a site which exceeds the limit imposed on the outline consent determined by Strathclyde Regional Council and the subsequently approved detailed planning application by Barratt West Scotland.
2. BACKGROUND
2.1 Development proposed at Murdostoun Estate has a lengthy and complex history which can be summarised as follows:
2.2 An application, in outline, for a mixed leisure, commercial and residential development on 303.9 acres (123 hectares) within the former Murdostoun Estate was submitted to Motherwell District Council in 1992. The proposal comprised housing in three separate areas, a petrol station, a motel, a nursing home, local shopping facilities, a hotel, country club, an 18 hole golf course and equestrian centre along with a woodland management scheme and extension of the footpath in the South Calder Valley.
2.3 The commercial and residential elements of this proposal conflicted with the Greenbelt and residential land policies of the Local and Structure Plans covering the area.
2.4 Revised proposals were submitted to Motherwell District Council in April 1993 and although still contrary to the Development Plan Policies, the District Council, at a meeting on 7 July 1993, decided to grant consent for the application subject to a number of detailed modifications, conditions and a Section 50 Agreement. However Strathclyde Regional Council, being of the opinion that there was insufficient justification for departing from the Structure Plan, called the application in on 29 July 1993.
2.5 Following the call in and further discussions with the applicants, a revised plan indicating a much reduced scheme for the site was submitted on 5 October 1993.
2.6 Housing previously shown in the core of the Estate was removed from the proposals along with the golf course, country club/clubhouse, equestrian centre, motel and local shopping facility. The revised proposals comprised residential development at Bellside and Crindledyke and a Woodland Management Scheme.
2.7 These areas, located within the greenbelt separating the communities of BellsideKleland and Newmains, were considered to have a significant impact upon the environment. Permission was granted on 25 April 1994, however, it should be noted that during the call in by Strathclyde Regional Council the Secretary of State gave the proposals full consideration, in view of the Greenbelt issues involved, before allowing the Regional Council to determine the application. Consequently the permission issued was on the basis that the development was limited to areas which consolidated the existing settlements and was in line with the strategic requirement for housing release in the East Motherwell Villages. Significant landscaping was also required to ensure the effective separation of the development through a Greenbelt edge and to protect views into and out of the historic landscape of Murdostoun Estate.
2.8 The restriction of development to the Southern part of the site, between the A73, the disused railway and the existing built up area was considered to be appropriate given the topography of the site and the need to protect the amenity of Murdostoun Estate and the South Calder Valley.
2.9 In May 1994 an application was submitted for the approval of reserved matters for a residential development of approximately 21 0 units adjacent to East Crindledyke. This application was called in by Strathclyde Regional Council in December 1994 as the proposed development significantly exceeded the limit on the area acceptable for development which was imposed on the outline planning permission.
2.10 After due consideration the Regional Council decided not to intervene in determining the application provided that specific conditions relating to landscape requirements were attached to the approval issued by Motherwell District Council. The Regional Council specified that the conditions should, amongst other issues, restrict development with significant landscape buffers to clearly define the north western boundary of the site.
2.11 Motherwell District Council granted consent, subject to conditions, for 175 dwellings on 3 April 1995. It should be noted that the pace of development on site has been relatively slow. The developer, Barratt West Scotland, has subsequently submitted amendments to house types. This represents a down grading of the market being targeted for sales and indicates that demand for new private housing is relatively low at this location.
2.12 In October 1997 this Council approved an application, subject to a Section 75 Agreement, by Murdostoun Castle Estates Limited for the construction of a residential development, golf course and associated works within Murdostoun Castle Estate at Bellside, Cleland. A significant part of the residential development is contrary to both the Local and Structure Plan Greenbelt Policies which cover the area. While approval of this application represents a departure from current planning policies it is considered that there are mitigating circumstances both unique to this part of Murdostoun Estate and the wider area. This particular proposal can be justified as it presents the opportunity to ensure enhancement, maintenance and preservation of the Estate through a woodland management scheme, to provide a valuable recreational resource and much needed road improvements at Bellside.
2.13 Following the Council’s approval of the application it was referred to the Secretary of State as it was considered to be a significant departure from the Development Plans covering the site. The Secretary of State has susbequently called in the application for determination but has not yet set the date for the public inquiry.
3. DEVELOPMENT PLAN
3.1 The site is covered by Policy El of the Finalised Wishaw Local Plan. This Policy defines the area as Greenbelt and states that there will be a general presumption against new residential development unless it is required in relation to agriculture, forestry, tourism, outdoor recreation and landscape improvement.
3.2 Structure Plan Policy GB1 also applies to the site. Policy GB1 presumes against the spread of built up areas and the encroachment of development into the countryside. Thus maintaining Greenbelt around settlements is a key objective for protecting the environment.
3.3 The Consultative Draft of the Motherwell District Local Plan identifies the site within an area designated as Greenbelt and covered by Policy ENV4. This policy seeks to resist development in the Greenbelt and emphasises the importance of maintaining its appearance, ecological variety and maximising the benefits for the general public. The policy recognises that the Greenbelt is important for wildlife and fulfils the function of providing a range of habitats around the urban edge and that these should be protected and enhanced.
4. CONSULTATIONS AND REPRESENTATIONS
4.1 The proposal was advertised under Article 18 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 and the (Development Contrary to Development Plans) (Scotland) Direction 1996. Neighbour Notification was undertaken by the applicants. Neither process resulted in any representations being received.
4.2 The local councillor for the area, Councillor D McKendrick, has raised an objection to the principal of the development.
4.3 Neither West of Scotland Water nor SEPA have any objections, in principal, to the proposed development.
4.4 The Coal Authority did not state any objections to the proposal but advised that there has been considerable mining in the past in close proximity to the site. Coal reserves exist which could be worked in the future.
4.5 Scottish Natural Heritage raised no objections to the proposal but expressed significant concerns that the proposal is contrary to the Greenbelt policies identified in both the Strathclyde Structure Plan and the Draft Motherwell Local Plan. Scottish Natural Heritage also stressed that the development area exceeds that identified for housing by Strathclyde Regional Council in 1993.
4.6 The Council's Head of Parks and Amenity has advised that the site is within part of the South Calder Water Wildlife Corridor and lies adjacent to the proposed Site of Importance to Nature Conservation at Murdostoun Estate and, consequently, recommends that no further development takes place in this area.
4.7 The Garden History Society has not responded.
5. PLANNING ASSESSMENT AND CONCLUSIONS
5.1 The residential development proposed on this one hectare site within the Greenbelt is contrary to the policies in the Local and Structure Plans which cover the area and current national planning guideIines.
5.2 The general emphasis of these policies is the presumption against new residential development unless it is required in relation to agriculture, forestry, tourism , outdoor recreation and landscape improvement. The 3 1 private mainstream houses proposed in this application cannot be justified against these or any other criteria.
5.3 The policies also presume against the spread of the built up areas, encroachment on the countryside and the importance of maintaining wildlife habitats.
5.4 While it is recognised that these policies were breached in 1994 with the granting of outline consent for residential development at Bellside and Crindledyke , it must be stressed that this decision was taken after lengthy consideration. Consent was granted on the basis that development was strictly limited to areas which consolidated the existing settlements. Significant landscaping was required to ensure the effective separation of the developments thus maintaining a greenbelt edge and preserving views into and out of the historic landscape of Murdostoun Estate.
5.5 This limited release of Greenbelt was also justified by the strategic requirement for housing release in the “East Motherwell Villages”.
5.6 In policy terms circumstances have not changed regarding the development of Murdostoun Estate since the limits were set, in the outline permission, beyond which no further residential development would be permitted.
5.7 The current proposal clearly exceeds these limits and cannot be justified against the prevailing policies. Neither can the current proposal be considered to be unique as in the case of the application (S/97/0023 l/FUL) by Murdostoun Estates Limited (see paragraph 2.12 above) which has recently been called in by the Secretary of State for determination. The current application is similar in nature to the proposals for residential development at the nearby Tiree Crescent, Newmains, which were recently refused permission by the Secretary of State following a public inquiry.
5.8 However, should the proposal be granted it would set an undesirable precedent and consequently would reduce the Council’s ability to protect the existing Greenbelt and control development in similar locations.
5.9 Members should note that, if the Council agree to grant consent the application will require to be referred to the Secretary of State for Scotland in accordance with the “Development Contrary to Development Plans” Procedure. The Secretary of State has the right to call in the application and determine it following a public local inquiry. The Committee may recall that a similar procedure was followed with Application no. S/96/00049/FUL (Tiree Crescent, Newmains) and is currently in progress with respect to Application No. S/97/00023 1RUL (Murdostoun Castle Estate, Bellside).
5.10 If granted, it shoud be noted that the current layout proposed is unsatisfactory and would require substantial alterations to achieve an acceptable design. The applicant has not been asked to amend his revised submission at present due to the fact that the recommendation is to refuse the application.
5.1 1 In concluding, I consider that there is no justification to grant planning permission for this development and recommend that planning permission be refused. Application No. S/96/00713/LB Date registered 20 December 1996 APPLICANT MODERN HOUSING CONTRACTS LTD., 505 MERRY STREET, MOTHERWELL Agent J Kerr McDougall, 12 Cotton Vale, Dalziel Park, Motherwell DEVELOPMENT PROPOSED CHANGE OF USE FROM SHOP TO 21 FLATS AND SHOP UNITS LOCATION SCOTT STREETDALZIEL STREET, MOTHERWELL
Ward No. 2 Grid Reference 275550657020
File Reference S/PL/B/ 12112(44)/GMcWAB
Site History No recent site history
Development Plan Area of no change (Consultative Draft) Motherwell District Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection The Coal Authority Conditions The West of Scotland Water Authority, Historic Scotland, The Scottish Civic Trust, The Architectural Heritage Society for Scotland, The Royal Fine Art Commission for Scotland, NLC Environmental Services No Reply
REPRESENTATIONS
Neighbours Newspaper Advertisement No Response
COMMENTS This application seeks listed building consent for the change of use from shop to 2 1 flats with ground floor shop units at Scott Street/Dalziel Street, Motherwell. The premises are presently vacant and are category B listed. No letters of representation have been received in relation to this application. After consultation a number of comments were received and are detailed in my accompanying report. The Co-op building has lain empty for a number of years and is in a state of gradual decay. This proposal would be an appropriate use for the premises and would bring back into use one of Motherwell’s more important buildings. For the reasons contained in my accompanying report it is therefore recommended that the proposal is granted.
This application for Listed Building Consent should be considered in conjunction with planning application S/97/00744/FUL.
RECOMMENDATION Grant, subject to the following conditions:-
That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That before the development hereby permitted is completed, or brought into use, details of a scheme for the repair and redecoration of the existing wall marked BROWN on the approved plans shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the visual amenity of the area.
That before the development hereby permitted is completed, or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
That before the development hereby permitted is completed, or brought into use, 28 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.
Reason: To ensure the timeous provision of adequate parking facilities within the site.
That a visibility splay of 2.4 metres by 3.3 metres, measured from the heel of the footway, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 0.6 metres in height above the footway level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.6 metres in height above the footway level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
That before the development hereby permitted is completed, or brought into use, the area hatched PURPLE on the approved plans shall be clearly marked out and shall, thereafter, be maintained as manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
That before the development hereby permitted is completed, or brought into use, the site access shall be altered in accordance with a scheme to be approved by the Planning Authority. The full details of which shall be submitted to and approved by the Planning Authority prior to the commencement of any site works.
Reason: In the interests of public safety. (8) Any site access works approved under condition (7) above, shall be fully implemented to the satisfaction of the Planning Authority prior to any occupation of the building.
Reason: In the interests of public safety.
(9) That before development starts, full details of a scheme for the fenestration and finishes to be used on all external walls and roof shall be submitted and approved by the Planning Authority before the commencement of any site works.
Reason: These details have not been submitted.
NOTES TO COMMITTEE
(1) If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
List of Background Papers
Application form and accompanying plans dated 20/12/96 Letter and amended plans received 27/11/97 (Consultative Draft) Motherwell District Local Plan Letter from the Coal Authority dated 22/1/97 Letter from the Scottish Civic Trust dated 22/1/97 Letter from the Architectural Heritage Society of Scotland dated 29/1/97 Memo from NLC Environmental Services dated 7/2/97 Letter from the Architectural Heritage Society of Scotland dated 12/2/97 Letter from The Scottish Civic Trust dated 26/2/97 Letter from the Scottish Civic Trust dated 3/3/97 Letter from the West of Scotland Water Authority dated 4/3/97 Letter from Historic Scotland dated 14/3/97 Letter from the Scottish Civic Trust dated 11/12/97 Fax from the Royal Fine Art Commission for Scotland dated 12/12/97 Letter from the Architectural Heritage Society of Scotland dated 13/12/97 Letter from Historic Scotland dated 15/12/97
Any person wishing to inspect the above background papers should telephone Motherwell 302139 and ask for Gwen McKillop. APPLICATION NO. S/96/007 3/LB
REPORT
1.o SITE AND PROPOSAL
1.1 This application seeks planning permission for the change of use from shop to 2 1 flats and three shop units of the premises at the corner of Scott Street and Dalziel Street, Motherwell. The building has been included on the Statutory List of Buildings of Special Architectural or Historic Interest under category B.
1.2 The premises were designed by Alexander Cullen for the Dalziel Co-operative Society Ltd. It has a four storey L shape plan and faces Scott Street to the west and Dalziel Street to the north. The external appearance of the ground floor has been altered from its original design. The original sandstone ashlar which has been used on the upper floors has been replaced on the ground floor with grey polished marble slabs.
1.3 At the junction of the streets the corner of the building rises up to a well proportioned copper clad dome. At Dalziel Street there are three circular headed windows with finely carved bas relief dad0 panels and on Scott Street there are five similar windows.
1.4 The application site is located within a mixed commercial area. To the east, it is bounded by Enterprise House which provides floor space for a number of small local businesses. To the south, the site is bounded by the Church of Christ and Presbytery. To the west and north, the proposal is bounded by Scotmid’s department store and a gap site, respectively.
1.5 Rear access to this building is located to the west of the Scotmid department store. The backcourt is presently made up of a number of run down sheds and provides rear service access to the Scotmid building.
1.6 The majority of the premises have lain vacant for some time. In recent years there have been proposals for the conversion of the building into workshop units. There have been various schemes put forward all of which involve sub-division and substantial internal works. To date none of the schemes put forward have been financially viable.
1.7 Originally the applicant proposed to convert all of the building into flats. This scheme, however also proved not to be financially viable and the applicant now proposes to convert the upper floors of the building into 21 flats and retain three shop units on the ground floor. In addition to these works the applicant also proposes to demolish the sheds to the rear of the premises and form bin stores, rear service access and parking for the development.
2.0 CONSULTATIONS
2.1 With regard to the potable water supply and sewerage, West of Scotland Water Authority have no objection in principle to the proposal. The Authority has stated, however, that there could be existing drains, which may or may not be the responsibility of the Authority located within the site boundary which could restrict any site proposals. Furthermore no building should be erected over, or in such a way as to interfere with, or obstruct access to any public sewer unless with the consent of West of Scotland Water. 2.2 NLC Environmental Services have no objection to the proposal so long as it complies with the relevant legislation and have recommended that the use of the shops on the ground floor are restricted to businesses which would not cause a noise nuisance.
2.3 No objection was received from The Coal Authority.
2.4 In principle, the Scottish Civic Trust would support the conversion of the building to residential use, so long as alterations can be achieved without detracting from it’s external appearance, and by retaining internal spaces and features of merit. Specific comments were made however and are detailed below.
2.5 With regard to the proposed rooflights the Trust has no objection so long as they are placed behind the balustrade on the front elevation.
2.6 Internally the Trust hopes that the curved ceiling on the top floor, the oval room on the first floor, the internal balustrade and the stairwell rooflight can be retained. It is understood however that this may not be feasible due to Building Control Regulations.
2.7 With regard to the double height curved headed windows which provide light to the second and third floor levels the Trust is concerned that the requirements for sound and fire proofing between the two floors may significantly affect the external facade of the building. The Scottish Civic Trust wishes to see the retention of these windows and objects to this proposal in its current form.
2.8 The Architectural Heritage Society of Scotland consider the fenestration pattern and proportions to be vital features in the character of the building and have requested that the original windows should be retained both at the front and rear. If feasible the Society also wish to see the retention of the oval room on the first floor.
2.9 The Royal Fine Art Commission for Scotland consider the proposal to be appropriate and welcome. The Commission realise that it is likely that measures taken to combat sound and fire between the flats will inevitably disrupt the street frontages and wish to see a suitable solution to this matter.
2.10 The Commission have also stated that the rear elevation needs to be redesigned to re-use all or as many as possible of the original window openings. Any new windows should respect the proportions and materials of the existing windows. Furthermore chimney stacks should also be retained or rebuilt authentically.
2.11 Historic Scotland have stated that the Inspectorate strongly supports in principle the reuse and conversion of the property. The Society has commented that although the rear elevation is the less important, it is still clearly visible from the east and therefore wishes to see more attempt made to retain or replace the existing windows.
2.12 With regard to the front elevation the Inspectorate have stated that although the matter of the fenestration and finish of the curved headed windows is still unresolved it is suggested that an appropriate condition be included in any consent issued by the Council that would allow final details to be submitted later. 3 .O REPRESENTATIONS
3.1 No representations have been received in relation to this application.
4.0 OBSERVATIONS
4.1 The existing access to the proposed car parking area at the rear of the development is only 4.5 metres wide. A 5 metre wide access is required however, to allow for the passage of two way traffic. A 5 metre wide access is achievable if the entrance pillars are removed and the applicant has agreed to carry out this work. Vehicle/pedestrian visibility splays of 2.4 m x 3.3 m would also be achieved following this alteration.
4.2 Originally the applicant had made no provision for rear servicing for the three ground floor shop units. The plans however have been amended to incorporate this facility. Provision has also been made for backcourt servicing for the Scotmid Store.
4.3 With regard to potential noise nuisance to the residents of the upper floors from the proposed ground floor shops. It is not considered that a retail use would create such problems. Furthermore this scheme would require a building warrant and would have to meet Building Control Regulations.
4.5 In principle the Heritage Organisations have no objection to the proposal, so long as alterations can be achieved without detracting from the external appearance of the building. To allow the proposed development to fulfil fire and sound proofing requirements it is likely that the curved headed windows on the front elevation would have to be altered in some way. Together with the proposed alterations to the windows at the rear of the building it is this matter that largely concerns the organisations.
4.6 Given the need to secure LDA grant aid funding this current financial year and the available timescale for processing these applications there yet remains a small number of outstanding detailed matters to be resolved with regard to the external treatment of the existing building. Historic Scotland is aware of this matter and considers the scheme to be sufficiently important to warrant the inclusion of an appropriate condition to any consent issued by the Council that would allow final details to be submitted and resolved at a later date.
4.7 A number of comments however were also made by the Heritage Organisations concerning the proposed internal alterations with regard to the stairwell rooflight and balustrade it is the applicants intention to retain these structures. Discussion with the applicant and Building Control have indicated however that due to fire and sound proofing requirements the retention of the oval room on the first floor level and curved ceiling on the third floor level would not be feasible without losing some of the flats or allowing for a logical floor plan arrangement. This in turn would no longer make the scheme financially viable and for this reason would not object to the proposals if it means that the building can be brought back into beneficial use.
4.8 With regard to the proposed rooflights, these will be placed behind the balustrade on the front elevation with no adverse impact on the quality of the original structure.
5.0 CONCLUSION
5.1 The former Dalziel Co-operative building has been in an isolated position since it was separated from the town centre by the ring road and has been vacant for several years. The building has a category B listing and is one of Motherwell’s more important buildings. This proposal would be an appropriate use for the premises and would bring back into use a building in decline. I therefore recommend that planning permission is granted. Application No. S/97/00744/FUL Date registered 27 November 1997 APPLICANT MODERN HOUSING CONTRACTS LTD., 505 MERRY STREET, MOTHERWELL Agent J Kerr McDougall, 12 Cotton Vale, Dalziel Park, Motherwell ML1 5NL DEVELOPMENT PROPOSED CHANGE OF USE FROM SHOP TO 2 1 FLATS AND SHOP UNITS LOCATION Scott Street/Dalziel Street, Motherwell
Ward No. 2 Grid Reference 275550657020
File Reference S/PL/B/12/12(46)/GMcIUAB
Site History No recent site history
Development Plan Area of no change (Consultative Draft) Motherwell District Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection The Coal Authority Conditions The West of Scotland Water Authority, Historic Scotland, The Scottish Civic Trust, The Architectural Society for Scotland, The Royal Fine Art Commission for Scotland, NLC Environmental Services No Reply
REPRESENTATIONS
Neighbours No Response Newspaper Advertisement Not Required
COMMENTS This application seeks planning permission for the change of use from shop to 21 flats with ground floor shop units. The premises are currently vacant and are category B listed. A listed building application has been received and no objections have been received in relation to this application. For the reasons contained in the accompanying report for the listed building application (App No. S/96/00713/LB) it is recommended that planning permission is granted.
RECOMMENDATION ' Grant, subject to the following conditions:-
That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That before the development hereby permitted is completed, or brought into use, details of a scheme for the repair and redecoration of the existing wall marked BROWN on the approved plans shall be submitted to, and approved by, the Planning Authority.
Reason: In the interests of the visual amenity of the area.
That before the development hereby permitted is completed, or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
That before the development hereby permitted is completed, or brought into use, 28 off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.
Reason: To ensure the timeous provision of adequate parking facilities within the site.
That a visibility splay of 2.4 metres by 3.3 metres, measured from the heel of the footway, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 0.6 metres in height above the footway level shall be removed from the sight line areas and, thereafter, nothing exceeding 0.6 metres in height above the footway level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
That before the development hereby permitted is completed, or brought into use, the area hatched PURPLE on the approved plans shall be clearly marked out and shall, thereafter, be maintained as manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
That before the development hereby permitted is completed, or brought into use, the site access shall be altered in accordance with a scheme to be approved by the Planning Authority. The full details of which shall be submitted to and approved by the Planning Authority prior to comencement of any site works.
Reason: In the interests of public safety.
Any site access works approved under condition (7) above, shall be fully implemented to the satisfaction of the Planning Authority prior to any occupation of the building.
Reason: In the interests of public safety. (9) That before development starts, full details of a scheme for the fenestration and finishes to be used on all external walls and roof shall be submitted to and approved by the Planning Authority before the commencement of any site works.
Reason: These details have not been submitted.
NOTES TO COMMITTEE
(1) If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.
List of Background Papers
Application form and accompanying plans dated 27/11/97 (Consultative Draft) Motherwell District Local Plan Letter from the West of Scotland Water Authority dated 12/12/97 Fax from NLC Environmental Services dated 19/12/97
Any person wishing to inspect the above background papers should telephone Motherwell 302 139 and ask for Gwen McKillop. Application No. S/97/00237/FUL Date registered 22 April 1997 APPLICANT WILCON HOMES SCOTLAND LTD, 27 WALKER STREET, EDINBURGH, EH3 7HX Agent DEVELOPMENT RESIDENTIAL DEVELOPMENT LOCATION DIMSDALE ROAD, WISHAW
Ward No. 7 Grid Reference 279920 654400
File Reference
Site History 1. Planning permission granted for residential development on land to north east of application site on 6/3/1996 (Ref S/95/567/FUL) 2. Outline planning permission granted 6/12/97 for residential development on part of current application site (Ref no. 447/77)/
Development Plan Housing Development Opportunities Consultative Draft Motherwell District Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection No Objection West of Scotland Water NLC Education Department British Telecom Conditions NLC Environmental Control Manager First Engineering The Coal Authority NLC Leisure Services Scottish Power No Reply
REPRESENTATIONS
Neighbours 2 Newspaper Advertisement No Response
COMMENTS This application relates to the erection of 241 dwellings on a 2 1 acre site, to the South West of Dimsdale Road, in Wishaw. The site, which incorporates the former Wishaw Geriatric Hospital Grounds, is partially owned by Lanarkshire Health Care Trust and partially by North Lanarkshire Council. Vehicular access will be provided onto Dimsdale Road, to the North of the site, via the recently constructed access serving the Tilbury Douglas Development. Two letters of objection
were received, in relation to the housing layout, as originally submitted. The application site is designated for housing opportunities, in the Consultative Draft of the Motherwell District Local Plan. My observations, in relation to the details of the proposed development and the corresponding representations, are included in the accompanying report.
RECOMMENDATION
Grant, subject to the following conditions:-
That the development hereby permitted shall be started within five years of the date of this permission.
Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997.
That before development 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 by, the Planning Authority.
Reason: These details have not been submitted.
That before any of the dwellinghouses situated on a site upon which a fence is to be erected are occupied, the fence, or wall, for which the permission of the Planning Authority has been obtained under the terms of condition (2) above, shall be erected.
Reason: To safeguard the amenity of future residents.
That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse and the adjoining road, without the prior written consent of the Planning Authority.
Reason: To safeguard the amenity of future residents.
That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority.
Reason: These details have not been submitted.
That the details submitted under the terms of condition no (5) above, shall comply with the requirements of the Development Brief for the site, issued by the Planning Authority, in association with the Lanarkshire Health Care Trust.
Reason: In the interests of visual amenity.
That before development starts, a scheme of landscaping shall be submitted to, and approved by, the Planning Authority and it shall include:-
(a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the 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, and
(d) details of the phasing of these works.
Reason: In the interests of the visual amenity of the area.
(8) That all landscaping, seeding, turfing and earth mounding included within the scheme of landscaping and planting, as approved under the terms of condition no.(7) above, shall be completed in accordance with the approved phasing details, and any trees, shrubs or areas of grass which die, are removed damaged, or become diseased within 2 years of the completion of the development, shall be replaced in the next planting season, with others of a similar size and species.
Reason: In the interests of amenity.
(9) That before development starts, a scheme, for the provision of 6 equipped play area(s) and one kickabout within the application site, shall be submitted to, and approved by, the Planning Authority and this shall include:-
(a) details of the type and location of play equipment, seating and litter bins to be situated within the play area(s);
(b) details of the surface treatment of the play area(s), including the location and type of safety surface to be installed;
(c) details of the fences to be erected around the play area(s), and
(d) details of the phasing of these works.
Reason: To ensure the provision of adequate play facilities within the site.
(1 0) That all works required for the provision of equipped play areas and the kickabout area, included in the scheme approved under the terms of condition no. (9) above, shall be completed, in accordance with the approved phasing details and thereafter these areas, shall not be used for any purpose other than a play area.
Reason: To ensure the provision of adequate play facilities within the site.
(1 1) That before development starts, a maintenance and management scheme shall be submitted to, and approved by, the Planning Authority and it shall include proposals for the continuing care, maintenance and protection of:-
(a) the proposed footpaths shaded ORANGE on the approved plans;
(b) the proposed parking areas hatched YELLOW on the approved plans;
(c) the proposed external lighting provided for the area(s) hatched ORANGE AND YELLOW on the approved plans; (d) the proposed play areas;
(e) the proposed grassed, planted and landscaped areas as approved under the terms of condition no@) above
(f) the proposed fences to be erected along the boundaries marked BROWN and PURPLE on the approved plans.
Reason: To safeguard the amenity of the area.
(12) That prior to the completion of the development hereby permitted, the maintenance and management scheme approved under the terms of condition (1 1) shall be in operation to the satisfaction of the Planning Authority.
Reason: To safeguard the amenity of future residents.
(13) That no trees within the application site which are indicated for retention on the approved plans, shall be lopped, topped or felled without the prior consent of the Planning Authority.
Reason: To safeguard the amenity of the area.
(14) That prior to the commencement of construction works on site, a scheme for the protection of all trees to be retained within the site, shall be submitted to and approved by the Planning Authority and shall be progressively implemented, in accordance with a timetable agreed with the Planning Authority, throughout the course of construction works.
Reason: In order to safeguard the amenity of the area.
(15) That the scheme approved under the terms of condition no.(14) above, shall include the provision of protective fencing, in compliance with B.S. 5837 (par. 8.2), around the perimeter of the tree canopy.
Reason: In order to protect the existing trees, throughout the course of construction works, in the interests of visual amenity.
(16) That the existing soil level within the areas covered by protective fencing, as referred to in condition no.(14) above, shall not be altered or disturbed in any way and no contaminants shall be deposited within the above stated area, throughout the duration of site works.
Reason: In order to improve the long term viability of the remaining trees, in the interest of the amenity of the area.
(17) That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be maintained to the right onto Dimsdale Road of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety. (18) That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be maintained from Hospital Road to the left onto Dimsdale Road and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
(19) That a visibility splay of 4.5 metres by 35 metres, measured from the road channel, shall be provided on both sides of all communal vehicular accesses, indicated on the approved plans apart from those indicated under the terms of condition numbers (17) and (1 8) above, and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas.
Reason: In the interests of public safety.
(20) That before the development hereby permitted is completed, or brought into use, a 3 metre wide footway shall be constructed within the area hatched BLUE on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.
Reason: In the interests of public safety.
(2 1) That no dwellinghouse shall be occupied until the access roads and footways leading thereto from the existing public road have been constructed to base course level.
Reason: To ensure satisfactory vehicular and pedestrian access facilities to the dwellings.
(22) That before development starts, details of the surface finishes to parking bays, parking courts and curtilage parking areas, shall be submitted to and approved by the Planning Authority.
Reason: These details have not been submitted.
(23) That before the development hereby permitted is completed, or brought into use, all the parking and manoeuvring areas shown on the approved plan, shall be levelled, properly drained and surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out and shall thereafter be maintained as parking and manoeuvring areas.
Reason: To ensure the provision of adequate parking facilities within the site.
(24) That all driveways within the development hereby approved, shall be a minimum of 10 metres in length, where no garage is provided and 6 metres where a garage is provided and the first 2 metres of this access, beyond the limit of the adjoining road shall be paved.
Reason: In the interests of public safety.
(25) That all driveways within the development shall meet the road at right angles and shall be a minimum of 2.5 metres in width in the case of a single driveway and 5 metres, in the case of a shared driveway.
Reason: In the interests of public safety.
(26) That any garage, or car port, erected within the curtilage of the site, shall be at least 6 metres from the heel of the footway.
Reason: In the interests of public safety.
(27) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, all integral garages indicated on the approved plans, shall not be used as habitual rooms, without the prior written consent of the Planning Authority.
Reason: To ensure the provision of adequate parking facilities within each house plot.
(28) That before the development starts, a certificate from a recognised firm of chartered engineers, shall be submitted to the Planning Authority confirming the mineral stability of the site.
Reason: To ensure the mineral stability of the area.
(29) That before development starts, a report, from a professionally qualified source, describing the soil and ground conditions prevailing over the application 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 shall not be commenced until it is certified by a professionally qualified source that these works have been satisfactorily completed.
Reason: To ensure the site is free of contamination.
(30) That the details approved under the terms of condition no.(lO) above, shall include the provision of 2 metre high metal railings on the boundary of the kickabout area, as indicated in green of the approved plans.
Reason: In the interests of public safety and amenity.
(3 1) That the details approved under the terms of no. 2 above, shall include the provision of a 2 metre high close boarded, screen fence to be erected along the boundary of the area of landscaped open space to the south west of the site, as indicated in purple on the approved plans.
Reason: In the interests of visual amenity.
(32) That before the dwellinghouse is occupied, the fence approved under the terms of conditions no.(30) above shall be erected.
Reason: In the interests of visual amenity. That before any of the dwellinghouses on the site are occupied, the existing fence along the boundary with the railwayline shall be repaired and upgraded where necessary, in accordance with details to be submitted to and approved by the Planning Authority.
Reason: In the interests of public safety.
That prior to the commencement of development, a survey from a professionally qualified person, shall be submitted, to the Planning Authority, in relation to rail noise and vibration levels within the site and this survey shall specify any measures required to mitigate anticipated noises and vibration to residential properties.
Reason: In order to protect the amenity of future residents.
That the recommendations of the noise and vibration survey submitted in accordance with the terms of condition no.(34) above, concerning building design and specifications, shall be incorporated in the construction of the dwellinghouses, hatched in brown on the approved plans.
Reason: In the interests of residential amenity.
That no works shall commence on the dwellinghouse hatched in brown on the approved plans, until the results of the acoustic study required under the terms of condition no.(34) above, have been submitted to and approved by the Planning Authority.
Reason: In the interests of residential amenity.
List of Background Papers
Application form and plans dated 22/9/97 Amended plans dated 29/9/97 Amended plans dated 28/10/97 Finalised Wishaw Local Plan Consultative Draft Motherwell District Local Plan 1) Letter dated 12/5/97 from First Engineering Ltd 2) Letter dated 13/5/97 from The Coal Authority 3) Letter dated 28/5/97 from West of Scotland Water 4) Memo dated 22/5/97 and 3015197 from Head of Parks and Amenity and NLC Leisure Services 5) Letter dated 24/6/97 from NLC Education Department 6) Letter dated 22/8/97 from British Telecom 7)Memo from NLC Head of Economic Development dated 1/10/97 8) Letter dated 8/5/97 and 1/10/97 from Scottish Power 9) Letter dated 25/11/97 from NLC Environmental Services (Environmental Control Manager) Representations Letter dated 1/8/97 from Mrs Moira Greer Letter dated 8/5/97 from Mr & Mrs M. Hamilton
Any person wishing to inspect the above background papers should telephone Motherwell 302 138 and ask for Mrs Parkes. APPLICATION No. S/97/0023 7EUL
REPORT
1.o APPLICATION SITE AND PROPOSAL
1.1 This application relates to the erection of 241 dwellings on this vacant site, to the south west of Dimsdale Road, in Wishaw. The site which has a total area of 8.62 hectares (21.31 acres) incorporates the grounds of the former Wishaw Geriatric Hospital. Lanarkshire Healthcare Trust owns 6.68 hectares (16.5 1 acres) of the site and North Lanarkshire Council owns 1.94 hectares (4.8 acres).
1.2 The site is bounded by the ‘Wishaw Deviation’ railway line to the south west. This is in a cutting and is visually unobtrusive. The land to the north east of the site is currently being developed for residential purposes by Tilbury Douglas Homes. A sheltered housing complex owned by North Lanarkshire Council and a neighbouring residential area lie to the north of the site. A field of grazing land owned by North Lanarkshire Council, lies to the east of application site and a North Lanarkshire Council housing estate, lies further to the east.
2.0 SITE HISTORY
2.1 The site was the subject of previous marketing exercises by the former Motherwell District Council and the Lanarkshire Health Board, in 1977 and 1989. It is allocated as a site to be promoted for residential development in the Finalised Wishaw Local Plan.
2.2 The site is scheduled for housing development opportunities, in the Consultative Draft of the Motherwell District Local Plan.
2.3 Outline planning permission was granted on 6th December 1977 for a residential development on part of the current application site (Ref no. 447/77). This planning consent has now expired.
2.4 Planning permission was granted to Tilbury Douglas Homes for a residential development on land directly to the North East of the site on 6th March 1996 (Ref S/95/567/FUL). This development is now well under construction. The vehicular access constructed to serve that development from Dimsdale Road, has been designed to ensure that it would be suitable to serve the development at the current application site.
3. CONSULTATIONS
3.1 West of Scotland Water and British Telecom have no objections to the proposed development.
3.2 Scottish Power has advised that it has no objections to the principle of the proposed development. However, it has advised that it has plant and equipment within the site, which may require alteration or protection, as a result of the proposed development.
3.3 British Rail First Engineering has advised that the existing fence on the boundary with the railwayline should be upgraded, to decrease the risk of trespass onto the railway line. It has also advised that any trees planted within the proposed landscaping scheme, should be kept a sufficient distance away from the boundary with the railway line, to reduce the risk of leaf fall onto the line. 3.4 The Coal Authority has advised that the property is within the zone of influence of shallow mine workings and the developer should therefore seek appropriate technical advice, before any works are undertaken on the site.
3.5 The Head of Protective Services at North Lanarkshire Council Environmental Services Department has advised that a rail noise and vibration survey will be required, in view of the proximity of the proposed development to the railwayline. The site layout and building specifications should take full account of the results from this survey. He has also advised that depending on the history of former uses at this site, a report may be required to ensure that the ground conditions are satisfactory.
3.6 The Head of Parks and Amenity at North Lanarkshire Leisure Services Department, has advised that the better specimens of Pine and Birch and existing hedgerows within the site should be retained. He has also recommended that an open space corridor of at least 10 metres should be maintained along the south western edge of the site, to help reduce the risk of tipping and that a footpath should be maintained on the north eastern boundary of the site, linking Dimsdale Road to Leighton Street.
4.0 REPRESENTATIONS
4.1 Two letters of representation have been received from neighbouring residents. Both neighbours have no objection to the principle of the proposed development. However, they are concerned about certain details in respect of the proposed layout of the development, as originally submitted.
4.2 One neighbour is concerned about the provision of a children’s play area on the boundary of the site with properties on East Thornlie Street and the resulting disturbance this could cause to neighbouring residents. I should advise, however, that the play area concerned has been relocated, on the finalised plans and no longer borders onto the properties on this street.
4.3 The other resident is concerned about the provision of a public footpath between the application site and Thornlie Gill. They are concerned that the provision of a footpath would be likely to encourage illegal tipping and the congregations of youths in this area. They also consider that the developer should provide a satisfactory standard of boundary fencing on this part of the site. I should advise that the footpath concerned has been removed from the finalised plans. The open space to be provided on this part of the site is to be planted with dense vegetation and fenced off. The only access to this area would be via a lockable gate for maintenance purposes.
5. PLANNING OBSERVATIONS
5.1 The proposed development complies with the policies of the current Local Plan, in which the site is designated for housing development opportunities. The layout and density of the proposed development are also in keeping with the guidelines included in the development brief for this site, which was proposed by North Lanarkshire Council, in consultation with Lanarkshire Healthcare Trust. 5.2 The proposed means of access to the site, which is via the recently constructed access road leading to the Tilbury Douglas development, also conforms with the requirements of the above development brief. I am also satisfied from a road safety point of view, with the design and layout of the proposed internal access roads and parking facilities, as indicated on the finalised plans.
5.3 In the relevant development brief, the developer was advised that an acoustic study would require to be submitted in order that the impact of noise and vibration from the railway line may be fully assessed. The applicant has claimed that although they have commissioned the relevant study, the results are not yet available. I would therefore recommend that in the event this application is approved, a condition be imposed, requiring the submission of such a study, prior to the start of construction works, on the part of the site closest to the railway line.
5.4 The Environmental Services Department has raised concerns about the possible presence of contaminated materials within the site, which was previously occupied by a hospital and include the route of an infilled culvert and former mineral workings.
The presence of underground mineral workings at relatively shallow depths, also raises concerns relating to the stability of the site and the possible need for reinforced foundations. It would therefore be considered appropriate subject any relevant planning permission to conditions requiring the submission of survey results, relating to ground conditions, prior to the start of development.
5.5 The concerns of the Leisure Services Department, in relation to the retention of the existing tree belts and hedgerows, are noted. The applicant proposes to retain the existing good quality trees on the boundary of the site with the railway line and some of the better specimens, on the boundary with Hospital Road. It is considered regrettable, however, that the proposed layout does not allow for the retention of the majority of trees on this boundary or elsewhere within the site, The applicant has, however agreed to plant further tree belts, both on the boundaries and with the site itself. It is recommended that any relevant planning consent be subject to conditions, requiring further details of the proposed planting schedule and maintenance proposals, in order to ensure the retention of a good quality planting scheme, within the site.
5.6 The applicant also proposed to provide a pedestrian access to the North West of the site, linking the development with Leighton Street and the town centre. The provision of this link would also serve as a pedestrian route to the nearest primary school in the area. The layout as originally submitted, also included the provision of a pedestrian link to the South West of the site onto Thornlie Gill. However, it was agreed that this proposed footpath should be removed, from the finalised plans, in view of concerns, relating to safety and security from local residents.
5.7 The proposed siting of children’s’ play areas, has also been amended, to take account of the concern of a neighbouring resident, relating to possible disturbances.
6. CONCLUSIONS
6.1 The proposed development generally accords with both local planning policies and the guidelines of the development brief relating to the layout and form of development at this site. It is thus recommended that the application is approved subject to conditions, including those discussed above. Application No. S/97/00501/OUT Date registered 8 August 1997 APPLICANT HIGHLAND PROPERTIES (SCOTLAND) LTD., GOGAR PARK HOUSE, 167 GLASGOW ROAD, EDINBURGH Agent Montagu Evans, 43 Melville Street, Edinburgh DEVELOPMENT ERECTION OF RETAIL STORE EXTENDING TO 70,000 SQ FT AND ASSOCIATED CAR PARKING LOCATION WATSONVILLE PLAYING FIELDS, MOTHERWELL
Ward No. 11 Grid Reference 275300-656600
File Reference S/PL/B/12/24( 180)
Site History 1993 - Playing fields declared surplus to requirements by Strathclyde Regional Council 1994 - Site marketed for development by SRC 1994 - Planning application for erection of retail park comprising units with food and non-food retail uses in outline (ref 2 10/94) submitted to Motherwell District Council 1994 - Appeal against deemed refusal lodged with Secretary of State November 1994 1996 - Planning application for a retail development comprising extension of Motherwell Town Centre, car parking, recreational facilities and associated roadworks on the playing fields and the town centre car park (Ref: S/96/00715/OUT) 1996 - N.L.C. resolved to grant outline planning permission for retail park (ref 2 10/94)
Development Plan Area of No Significant Change on Consultative Draft Motherwell Local Plan
Contrary to Development Plan No
CONSULTATIONS
Objection The Scottish Sports Council No Objection Transco, NLC Environmental Services, Strathclyde Fire Brigade, West of Scotland Water, British Telecom, Scottish Power Conditions The Coal Authority, Strathclyde Police, NLC Leisure No Reply
REPRESENTATIONS
Neighbours Newspaper Advertisement 17 letters of objection including a petition containing 147 signatures
COMMENTS This application seeks consent to erect a foodstore of 70,000 square feet, (6,500 square metres) on the Watsonville Playing Fields site at Motherwell Town Centre. The plans also show car parking and a
service yard. Vehicular access is to be taken From Watson Street and pedestrian access to the town centre being either via the pedestrian crossing on West Hamilton Street or the uiiderpass at Erandon Street which will be apgradsd as part ofthis development operation.
IIEC:OMM ENDATION
Grant, subject to the following conditions:.
That, notwithstanding the terms of the site layout as detailed on the approved plans, befort: dcvclnpment starts a witten application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority-
(a) tl~esiting, design and external appearance of all buildings and other structures;
(b) t ha means of access to the site; i
(c) tlrc layout of the site, including ail roads, footwayspand parking areas;
(d) thc details of, and timetable for, the hard and soft landscaping of the site:
(e) the design and location of all boundary walls md fences;
(f) the provision for Iaading rrnd unloading ofall goods vehicles;
(g) the provision of drainage works.
Mcason: The approval is in principle only.
As part of the aubmission of details required by condition (1) above, a certificate, from a rccugnised firm ofchsrtemd engineers, shall ba submitted to the Planning Authority cciii tirming the mineral stability of Ehe site wrd this certificate shall be based 017 a professionally supervised and regulated boring programme.
Reason: To ensure the mineral stabiIity of the ma,
Any site preparation works associated with recommendations from the site investgatinn submitted under condition no (2) above shall be carried out to the full satisfaction of the Planning Authority prior to any site building works.
Reason: To ensure the mineral stability of the site.
'Ilint the development hereby permitted shall be started, either within five years of the date of !his permission, or within two years of the date on which the last of the resewed matters are uppruvcd. whichever is the later.
I 'l'hat within three years of the date of this permission, an iippiication for approval of the reserved m;lrttCrs, specified in condition (I) above, shall be made to the Plannitiy Authority. Reason: To accurd with the provisions of the Town and Country Planning (Scotland) Act 1997. 'l'liat, notwithstanding the generality of condition (1) above, before development starts a rlctailod scheme showing improvements to the pedsstrian underpass and pedestrian I ink sliridcd ORANGE on the approved plans, and including the provision of CCTV and a. fijotway oil the north west side of Barrie Street linking the existing pedestrian underpass to the application site, shall be submitted to,and approved by the Planning Authority. liciisati: To safeguard the amenity 0ft.h~arm. 'i'hnt the retail building hereby permitted shall have a gross ground floor area of iw greater than 6,500 square metres (70,000 square feet). Kctlson: To define the permission. i Thrrt, notwithstanding &e genarality of condition { 1) above, before development starts a sdicme for the treratment of all the elevatioits to a high standard in terms of design materials shall be submitted to the Planning Authority as part of any detailed submission, I4cnson: To safeguard the amenity of the ama, ThRt a visibility splay of9 metres by 90 metres or the maximum distance achievable. as nwasured from the road channel, shall be provided on both sides of all vehicular accesses and befiirs the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height abave the road channel level shall be removed from the sight tint nreas and, therafier, nothing exceeding I .05 metres in height above road channel level sl~llbe planted, placed, erected, or allowed to grow, within these sight line areas, Reason: In the interests of public safety. That before the development hereby permitted is completed or brought into use the scheme for the ncw footway and the improvements to the pedestrian walkway and underpass approved under the terms of condition (6) above, shall be implemented to the satisfaction of the Plannirig Authority. Rcnson: In the interests of public safety, That bkfore the development hereby permitted is completed or brought into use provision $ha!I bc made within the car pevk for taxis and mini busas to set down and pick up passengers. Heason; In the interests of public safety. 'rlint, riotwithstanding the generalities of condition (I) above, the position and location of my huiidiny(Y) to be located on the site shall have regard to the amenity of the nearby aid ad-joining residential properties, in respect of bhilding height, design and use of exteriial mnterials. ICC~SOR: To safeguard the residential amenity of the surrounding area. ( 1 ) The applicant has agreed to enter into a formal legal agreement with the Council in respect of' "the provision of s pedestrian crossing on Watson Street and other works identified in the 'I'rnf'ticf nipact Assessment and the pmvision of recreation facilities off-site". No detailed plerrning cotrwnt shall be issued until these matters have been concluded. (2) ifgranted, this apprication will have to be referred to the Secretary of State for Scotland in wcorditnce with the Town and Country Planning (Notification of Appiications) (Scorlaiid) Direction 1997. Lint of Background Papem Applicution Forms and plans Itctnil Impact Study by Mantagu Evans dated August 1997 'I'raf'ficImpact by MVA dated August 1.997 Assessment i C'onsultutive Draft Motherwell District Local Plan NPIY';R on Retailing issued by Scottish Df€lce I ,utter dated 26/8/97 from Trwsco 1. ,ctter dated 27/8/97 from Strathclyde Fire Brigade 1,cttcr dated 27/8/97 fmm The Coal Authority I ,utter dared 1/9/97 from Strathclyde Police Mcnros dated 22/8/87 and 3/9/97 from NLC Environmental Services 1,cttcr dated 10/9/97 from West of Scotland Water IMcr dated 26/8/97 from Scottish Power I,,cttcrdated 2/9/97 from BT Metnos dated 14/1 1/97, 2/12/97 from Director of Leisure! Servic0~ Luttcr dated 3 t/10/99 fmm The Scotthh Sports Council 1,cttes received 19/8/97from A Welsh, 100 Watson Strce!, Mothenvell I ,cites received 14/8/97 from Mr & Mrs Perkins, 5 1 Oakfield, Motherwell I,cttcr dated I6/8/9? fmm Mrs M Martis, 27 Watsanville Park, Mothewdl I xttcr dated i 8/8/97fmm Mr & Mrs Paton, 93 Oakfield Road, Mothetwell t ,cttcr dated I 5/8/97 from J Swinburne, 27 Anderson Tower, Motherwell I,etter dated 20/8/97from Mr & Mrs Mackis, 39 Watsonviile Park, Mothemell f xttcr dated 18/8/97 from Mt SC Mrs Masson, 40 Qakfield Road, Motherwell I ,cltcr dated 2 1/8/97 from Mr J Callachan, 35 Watsonville Park, Motherwell I .crtcr dated 2 1/8/97 from Villa Park Boys Club I ,cUcr dated 20/8/97 from M Brown, 34 Oakfield Tower, Mathewell Lcner dated 25/8/97 from 'RE Sacntary, Glencairn Cornmwity Council, 54 Primrose Crescetzt, Nottierwe11 l'ct ition rer;eived 26/8/97 from E Igonnachie, 34 Oakfiald Tower, Motherwell Ocltw ditted 24/8/97 from J $c J Curley, 26 Oakfield Tower, Motherwell I .cttcr drtred 25/8/97 from R Stewart, 39 Anderson Tower, Motherwsli I,ctter dated 29/8/97 from E Hall, 63 Oakfield Road, kiotharweii 1,ctter dated 12/9/97 and 9/\0/97fram Roger Tym 62; Partners, Mercantile House, 24 Woodside Place. <;lrkSgVW I mer dated 8/8/97 from M Bairhill, 56 Anderson Tower, Motherwell Airy person wishing foinspect the above background papers should telephone Motherwell 302 127 end ask for Lama Buwden. APPLICATION No: S/97/00501/OUT REPORT 1.o THE SITE 1.1 This application relates to the former playing fields at Watsonville in Motherwell. The 2.4 hectare site is located on the south side of Motherwell Town Centre, on the opposite side of the ring road. 1.2 Prior to local government reorganisation the playing fields were offered for sale by Strathclyde Regional Council. They had been used by Dalziel High School but were identified as surplus to requirements by the Region in 1993. Since that time the playing fields have not been in use nor formally maintained. 1.3 In 1994 a planning application for a retail warehouse development was submitted by the applicants (ref 20 1/94) to Motherwell District Council. An appeal against non-determination was lodged with the Secretary of State for Scotland whereupon Motherwell District Council indicated that it would have refused consent for the application because it would result in loss of public open space. No Traffic Impact Analysis had been submitted to support the proposals nor the adequate provision for pedestrian links to the existing town centre. 1.4 In S/96/755/OUT the applicants submitted a different proposal which indicated retail floorspace being constructed on two levels on the existing car park adjoining the Asda Store and with a 3 deck car park on Watonsville Playing Fields with some minor recreational provision. 1.5 Earlier this year North Lanarkshire Council reviewed application 2 10/94 in light of updated Government guidance relating to retail development and the Councils on-going Local Plan process. The Committee duly resolved to inform the Secretary of State that it no longer opposed the application. A public inquiry on this application is due to take place early in 1998. 2.0 THE PROPOSAL 2.1 This outline application is for a retail store and associated car park. The indicative plan illustrates a store with a footprint of 70,000 square feet, car parking for 434 vehicles and a covered service yard. Vehicular access to the site is taken from Watson Street at a point 75 metres from the roundabout at West Hamilton Street whilst the service access, also on Watson Street, is located 115 metres from the roundabout. 2.2 The application site boundaries also include the road and footway on Barrie Street leading to the pedestrian underpass and the underpass itself. Pedestrian links are also shown to a new road crossing on West Hamilton Street to the town centre. 2.3 The site is bounded on three sides by housing and by the ring road beyond which lies the main shopping area of Brandon Parade. On the Consultative Draft Motherwell District Local Plan the area is designated as an area of no significant change. However, in light of the Councils earlier decision to accept a retail park development on this site the current status of this land will be updated in the finalised Local Plan to reflect the new position. 3 .O CONSULTATIONS 3.1 Transco, Scottish Power, British Telecom, West of Scotland Water, Strathclyde Police, Strathclyde Fire Brigade and NLC Environmental Services have no objections to the proposal. 3.2 The Coal Authority has stated that the property is within the likely zone of influence on the surface from workings in six seams of coal at approximately 110 m to 240 m depth, the last date of working being 1927. Ground movement from these past workings should now have ceased. They also state that within 20 m of the property there are 2 mine entries. In view of these circumstances it would be advisable for the developer to seek appropriate technical advise before any works are undertaken on site. 3.3 The Scottish Sports Council has objected to the application on the grounds that it would result in the loss of land which was last used as playing fields. However, the SSC has stated that it may be prepared to withdraw its objection if the developer agreed to provide adequate compensation in the form of replacement pitches or upgrading of other pitches in the area to increase their playing capacity and quality. It should also be noted that the SSC say that blaes pitches are no longer recognised as a suitable surface for football and, ideally, the SSC and SFA would like to see the blaes pitches replaced by properly constructed natural grass or synthetic grass pitches. 4.0 OBJECTIONS 4.1 The application was advertised in the local press and 17 letters of objection, including a petition containing 147 signatures has been submitted. 4.2 Most of the letters and the petition are from local residents who are opposed to the development for a number of reasons which can be fairly summarised as follows:- (i) Loss of public open space. (ii) Loss of a recreational facility. (iii) Increased amounts of traffic which will be a danger to public safety. (iv) Increased litter, noise and vandalism. (v) Reduced amenity for the surrounding residents. (vi) Loss of outlook for the residents of Anderson Tower and Oakfield Road. (vii) There are sufficient shopping facilities within Motherwell Town Centre already. (viii) Loss of existing mature trees. 4.3 Two letters have also been received from consultants representing Somerfield Stores Ltd. who state that the scale of development proposed would require to capture a significant amount of trade from existing retailers in Motherwell, Wishaw, Bellshill and adjoining centres and as such would seriously undermine the vitality and viability of these centres. It is also argued that the application site is outwith the established town centre and fails to meet the sequential test set out by NPPGS and that the proposal is contrary to the policies of the Consultative Draft Motherwell District Local Plan. Reference is also made to the Ravenscraig Master Plan which proposed 500,000 ft of retail within a new town centre. 4.4 CIS Ltd., who own most of Motherwell Town Centre, have objected to the proposal because they consider that it will have an adverse impact upon the existing town centre. They state that it is unlikely that three foodstores can be maintained by the centre and that if Asda relocate to the proposed store, or if a competitor locates in the proposed store and Asda closes the result will be, in both cases, a large vacant unit at one of the focal points of the mall. The resultant effect would be to the detriment of the town centres vitality and viability. 5.0 OBSERVATIONS AND COMMENTS 5.1 In responding to the recent updated Government Guidance on retailing (NPPG 8) for assessing retail developments the Council has accepted, in its earlier decision to allow the retail park proposals, that the Watsonville site in the absence of any alternative is an accceptable extension to the existing Motherwell town centre, complying fully with the terms of national guidance on such matters. In local planning terms the site represents an acceptable expansion for the town centre which must enhance its range and quality of retailing if it is to retain its current tier 3 trading position against other nearby centres in the former Strathclyde Regional shopping hierarchy which are alsoin the process of renewal and expansion. 5.2 With regard to town centre impact, I have been aware for some time of Asda’s desire to relocate to a larger edge of centre site as part of my ongoing discussions with all town centre interests involved in securing town centre improvements and further trading opportunities. A relocation of Asda to this Watsonville site has been considered and in taking the long term view that such a move would be beneficial, I have opened discussions with the company and CIS (Asda’s existing landlords) to secure alternative tennants for any vacated town centre building. It does appear at this stage that a suitable arrangement can be put in place and I am confident at this time that if Asda were to relocate it would not only secure their trading position in the town but assist the town centre generally in its attempts to enhance and strengthen its trading position against other local centres. While I do not therefore accept objections to this proposal on town centre impact grounds, I am of course conscious of the need to provide and improve pedestrian linkages to and from the site with the main town centre Brandon Parade Shopping area. This will be done through a number of measures including appropriate planning conditions and formal Section 75 agreement the details of which are included in my recommendation. 5.3 With regard to loss of open space and comments from the Scottish Sports Council. It is recognised by the SSC that the Watsonville Playing Fields have been redundant and not used since 1993. Furthermore, the fact that the playing pitches are blaze and not grass makes their reuse ever more doubtful given SSC’s reluctance to promote this form of grass substitute. While expressing a general concern that this area of the town will be seen to lose an asset, their objection is tempered by the knowledge that the Council will seek a suitable package of compensation from the developer relating to renewal/enhancement of existing facilities elsewhere within Motherwell. At my request the Director of Leisure Services has provided me with a number of suitable projects the details of which will be considered as part of the ongoing discussions with the applicants on the related Section 75 Planning Aggreement. Such an arrangement would require to be satisfactorily concluded prior to issuing any outline planning permission and on this basis would expect SSC to withdraw their objection to the current scheme when, if granted consent, the proposal is referred to the Secretary of State for his consideration. 5.4 Of the remaining objections lodged, nearby residents are concerned at loss of open space, increased noise and litter and loss of view. Having regard to the size and scale of the development involved, I would accept that nearby residents will consider themselves adversely affected by this development. However, NLC have already accepted that development will be allowed on this site by agreeing to the retail park proposals contained in application ref 2 10/94. While this outline application for a food store will involve a larger site area its overall impact on the immediate area in terms of site usage and general activity levels will be much the same. However, in recognition of the concerns relating to visual intrusion, I have included as part of my recommendation a minimum site building distance which, given the constraints of the site, will assist in minimising any undue visual impact. From a road traffic and pedestrian safety point of view, I am satisfied that the development will meet all current Council standards. 6.0 CONCLUSION 6.1 In considering these outline foodstore proposals it is my view that the development of the Watsonville Playing fields site would make a positive contribution to maintaining and enhancing the vitality and viability of Motherwell town centre. In previously accepting the principle of development at this location by the Council’s decision on application 210/94, my recommendation maintains consistency of approach which, together with the attached conditions and related Section 75 Agreement, provides justifiable safeguards for an appropriate site development the precise details of which will be considered under a new and further application. Application No. S/97/0058 l/AMEND Date registered 10 September 1997 APPLICANT MOHAMMED ASLAM, 6 SNEDDON AVENUE, WISHAW Agent J Kerr McDougall, 12 Cotton Vale, Dalziel Park Estate, Motherwell ML15NL DEVELOPMENT CONSTRUCTION OF DWELLINGHOUSE LOCATION PLOT 77, DALZIEL PARK ESTATE, MOTHERWELL Ward No. 5 Grid Reference 278540-657870 File Reference S/PL/B/5/50( 158)/DA/AB Site History Development Plan Northern Area Local Plan - Policies El, E2, E3 (Greenbelt) Motherwell District Local Plan, Consultative Draft - Policy HSG2 (Housing Development Opportunity) Contrary to Development Plan No CONSULTATIONS Objection No Objection Conditions No Reply REPRESENTATIONS Neighbours One objection Newspaper Advertisement Not Required COMMENTS The applicant seeks planning permission to construct a dwellinghouse within Dalziel Park Estate. The dwellinghouse would be two storeys in height as viewed from the road but three storey as viewed from the rear and side elevations. I am concerned that the proposed dwellinghouse is contrary to the approved design and development brief and could set a precedent which would ultimately be detrimental to the amenity of existing residents within the estate. The applicant’s agent has requested that he and his client be given the opportunity to address the Committee and that a site visit be held before this application is determined. RECOMMENDATION Refuse, on the following grounds:- FleproOUCed from OrOnance Survey with the permlsalon of the Controller of H.M 5.0 CONSTRUCTION OF OWELLINGHOUSE 1: 3000 4 Crown Copyright Reservea I Llcence No 09041 L PLOT 77. OALZIEL PARK. Date Nor-th LmaPKShire Council MOTHERWELL. N 303 mandon street, Motherwell HL1 ins 23/12/97 I LOCATION OF OBJECTOR (016981 251321 ~ (1) The proposed development is contrary to the terms of the approved Development and Design Brief and constitutes overdevelopment of the plot. (2) The proposed development could set a precedent which would be detrimental to the amenity of existing residents. List of Background Papers Application form and plans, dated 10/9/97 Letters from applicant, dated 8/10/97 and 27/11/97 Northern Area Local Plan Motherwell District Local Plan, Consultative Draft Development & Design Brief, Dalziel Park Estate, Motherwell Letter from Lanarkshire Developments Ltd., dated 10/9/97 Any person wishing to inspect the above background papers should telephone Motherwell 302090 and ask for Mr Ashman. APPLICATION NO. S/97/0058 l/AMEND REPORT 1. APPLICATION AND SITE 1.1 The applicant seeks planning permission to construct a dwellinghouse within plot 77 of the Dalziel Park Estate development, located off Chapelknowe Road between Carfin and Cleland. 1.2 The proposed dwellinghouse, as viewed from the plot frontage would appear to be two storey and, from this elevation, would appear to be similar in design to many other dwellinghouses approved elsewhere within the Estate. However, the side and rear elevations clearly show that the dwellinghouse would be three storeys high at the rear. This would also be the general impression gained when viewed from side elevations. 1.3 The application plans indicate that the lower rear floor of the proposed dwellinghouse is regarded as a “basement” and would incorporate a sun lounge, store, gymnasium, sauna and shower. The “ground floor” plan shows a double garage, sitting room, study, lounge, dining room and kitchedbreakfast area, with a small toilet and utility room. The “first floor” plan indicates there are to be five bedrooms and a bathroom. 1.4 The plot is located on the south side of a cul-de-sac and has partially obscured views onto the golf course. The trees which partially obstruct the view are protected by a tree preservation order. The plot slopes downwards away from the road with a notable difference in height levels between the front and rear of the plot. 2. DEVELOPMENT PLAN CONSIDERATIONS 2.1 The Northern Area Local Plan allocates the site as green belt, although the Motherwell District Local Plan, Consultative Draft, allocates the site as a housing development opportunity to take account of the decision by the former Strathclyde Regional Council to permit the development of the Estate. 3. CONSULTATIONS AND REPRESENTATIONS 3.1 No consultations were required for this application. 3.2 A letter of objection has been received from the Developer of the Estate, Lanarkshire Developments Ltd. The objector expresses concern about the proposed layout and height of the dwellinghouse at the rear elevation. In his capacity as Feu Superior, he has stated that his consent will not be given until he is satisfied with the proposals. It should also be noted that, at the time the objection was submitted, the Developer would appear to have been the owner of the adjacent plot 76. Nevertheless, it has not been possible to verify this. 4. COMMENTS AND OBSERVATIONS 4.1 There are two significant material considerations which I consider should be taken into account in determining this application. These are the approved Development and Design Brief and the matter of precedent. 4.2 The Development and Design Brief was prepared in consultation with the Estate Developer before development commenced on the site in 1994. The concept of the Estate was to give residents as free a hand as possible in building their dwellinghouses, although setting parameters within which development could take place, such as minimum rear garden areas, distances between dwellings and a restriction on the number of storeys a dwellinghouse may incorporate. The Council, and the predecessor Motherwell District Council, has allowed great flexibility in the design of dwellings and the use of facing materials although a line has to be drawn in certain areas and overdevelopment of a plot is one such area. 4.3 The Development and Design Brief is passed to each plot purchaser by the Developer to give guidance on what is and is not acceptable. Paragraph 1.8 of the Brief is most relevant in this instance as it states “one or two storey houses at the middle to upper end of the housing market must be developed”. The proposed dwellinghouse is quite clearly contrary to the Brief. On this basis, it would constitute overdevelopment of the plot. 4.4 Although each application is rightly assessed on its merits, I am very concerned about the precedent that approval of this application could set elsewhere within the Estate. The problem essentially relates to the lie of the land and alterations to slopes once the access roads are constructed. This has proved to be a significant difficulty already, with some dwellings constructed as split-level, others constructed below or above street level to the extent that the privacy of residents is compromised or they have problems gaining adequate vehicular access to their garages. These problems have largely arisen due to builders not taking cognisance of levels differences and architects not ensuring that plots are developed in accordance with approved plans. 4.5 In this instance, the applicant has chosen to tackle the problem by ensuring adequate vehicular access can be obtained, but has not designed the proposed dwellinghouse in a split level style, with the result that the highest ridge line of the dwellinghouse is 8.75 metres as measured in relation to front garden level and 11.25 metres as measured in relation to rear garden level. This has ultimately led to the three storey rear elevation. The question of dwellinghouse design to accommodate slopes is a matter which has been addressed in discussions with the Estate Developer and it has been agreed that, in order to ensure compliance with the terms of the Development and Design Brief, dwellinghouses on the more severe slopes will have to be split level in nature. 4.6 The complication, in this instance is that approval of the proposed dwellinghouse could set the precedent for future dwellinghouses on other slopes within the Estate. This could result in residents currently living within the Estate having their dwelling and rear garden overlooked by three storey dwellinghouses. This is not in the interests of residential amenity and could have serious implications for privacy. It could also create problems with the excessive overshadowing of adjacent properties. 4.7 I would also advise Committee that neither the applicant nor his architect contacted my Department before the application was submitted. Had either party done so, my concerns over the acceptability of the proposal would have been expressed in order that they may have been taken into consideration before the application was submitted. 5. CONCLUSION 5.1 In view of the foregoing discussion I am left with no option other than to recommend refusal of this application on two grounds. Firstly, that it is contrary to the approved Development and Design Brief, in that it constitutes a three storey dwellinghouse. Every plot owner to date has designed their dwellinghouse in accordance with the approved Brief criteria in respect of maximum number of storeys. Neither they nor future occupants should be disadvantaged by this proposal. 5.2 Secondly, I also have to recommend refusal as approval could set a precedent for part of the remaining site which would ultimately not be in the interests of current residents within the Estate. 6. REQUEST FOR HEARING AND SITE VISIT 6.1 A letter has been submitted by the applicant’s agent requesting that he and his client may be permitted to address the Committee, in order that he may make his views known to the Committee. He has also requested that a site meeting be held before the application is determined. Application No. SI97100613/FUL Date registered 1 October 1997 APPLICANT ROBERT MILLER, QUARRY COTTAGE, 126A GLEN ROAD, WISHAW Agent W. H. Dickie, 77 Hamilton Road, Motherwell, ML1 3PG DEVELOPMENT DEMOLITION OF EXISTING COTTAGE AND ERECTION OF NEW DWELLINGHOUSE LOCATION QUARRY COTTAGE, 126A GLEN ROAD, WISHAW Ward No. 8 Grid Reference 279130 655940 File Reference S/PL/Bl 1011 ( 140)/MWJM Site History Outline planning application for the erection of a dwellinghouse withdrawn 27th January 1995 (Planning Application 340193 Outline) Development Plan Wishaw Finalised Local Plan: Established Housing Area Contrary to Development Plan No CONSULTATIONS Objection No Objection NLC Environmental Services Conditions West of Scotland Water No Reply The Coal Authority Scottish Power Transco REPRESENTATIONS Neighbours 2 letters of objection including 1 letter signed by 7 residents of the adjoining residential properties Newspaper Advertisement Not Required COMMENTS This application seeks to demolition an existing cottage and erect a single storey dwellinghouse at 126a Glen Road Wishaw. The adjoining residents have objected to the development. My comments and observations on the proposal and on the concerns of the objectors are contained in the accompanying report. RECOMMENDATION Grant, subject to the following conditions:- (1) That the development hereby permitted shall be started within five years of the date of this permission. \ \ \ I I I I \ \ ! \ , , I I I \ I I, ‘1 \ \ \ \ \8 \ \ I \ , \ \ ,, \ \ \ \ \ \ \ \ PROPOSED DEMOLITION OF COTTAGE AND ERECTION 1: 1250 OF DWELLINGHOUSE 4 Date 1268 GLEN ROAD. WISHAW Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority. Reason: These details have not been submitted. That before development 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 by, the Planning Authority. Reason: These details have not been submitted. That any garages built within the curtilage of a dwellinghouse shall be finished in materials which match the existing dwellinghouse. Reason: In the interests of the visual amenity of the area. List of Background Papers Planning Application and accompanying plans dated 1st October 1997 Wishaw Finalised Local PladConsultative Motherwell District Local Plan Letter from The Coal Authority dated 9th October 1997 Letter from West of Scotland Water dated 10th October 1997 Letter from Scottish Power dated 15th October 1997 Letter from Transco dated 17th October 1997 Memo from Director of Environmental Services dated 10th October 1997 Memo from Head of Protective Services dated 15th October 1997 Letter of objection from Mr John Beveridge dated 2nd October 1997 Letter of objection from Mr Neil J Collie dated 6th October 1997 Any person wishing to inspect the above background papers should telephone Motherwell 302 128 and ask for Mary Hogg. PLANNING APPLICATION S/97/006 13/FUL REPORT 1. SITE AND PROPOSAL 1.1 This application relates to the demolition of an existing cottage and the erection of a dwellinghouse at 126a Glen Road, Wishaw. 1.2 The application site is bounded to the north and east by mature woodland. The western edge of the site is bounded by a section of Glen Road closed to traffic. To the south the site is bounded by private dwellinghouses. 1.3 The proposed development comprises of one single storey dwellinghouse which will replace the cottage to be demolished. 2. CONSULTATIONS 2.1 West of Scotland Water, Environmental Services and Scottish Power have no objections to the proposal. 2.2 The Coal Authority advises that the property is within a likely zone of influence on the surface from past underground workings in one seam of coal at shallow depth. 2.3 In view of the mining circumstances the developer should seek appropriate technical advice before any works are undertaken on site. 2.4 Transco have advised that site work will affect their Supply Network and that the applicant should contact them as soon as possible to discuss whether protective measures are required for the apparatus. 3. REPRESENTATIONS 3.1 Two letters of objection have been received, including one letter signed by seven residents of the adjoining residential properties. 3.2 The grounds of objection can be fairly summarised as follows: the narrowness of the access road to accommodate heavy site traffic; a gas main crosses through the application site and the proposed works could affect the gas main; that the drainage and sewerage works associated with the proposed development are likely to present a problem as it has in the past with other developments in the near vicinity; the proposed development is likely to lead to the dumping of waste material into an adjoining gully which will have an adverse affect on the wildlife in the area; 4. OBSERVATIONS 4.1 I note the objectors concerns with regard to the width of the access road and its ability to accommodate heavy site traffic. However, I am satisfied from a road safety point of view that this matter will not pose an undue burden on the area and that any new development traffic can be accommodated. 4.2 The objectors are also concerned that the construction works may cause drainage and sewerage problems. West of Scotland Water have no objections to the proposal and in any event any damage or disturbance to existing services will be the responsibility of the developer. 4.3 Regarding the gas main which crosses through the site, for the reasons contained in paragraph (2.4) I do not consider this to be an issue as the site is of sufficient size to allow a new dwelling with appropriate pipeline safety clearance zones. 4.4 I note the objections with regard to the dumping of waste material however, this is a matter that can be later addressed should it be necessary. 4.5 Finally the proposed development would be unable to conform to the normal roads standards for access onto a public highway. I consider that the granting of permission for one dwellinghouse on the site will not constitute a hazard to public safety. Although, the site has previously been occupied and would regard this current proposal as a suitable replacement. The proposal can fulfil the Councils road safety standards for parking and manouvering. 4.6 For these reasons, I consider the proposal to be acceptable. I therefore recommend that planning consent be granted. Application No. S/97/00629/OUT Date registered 1 October 1997 APPLICANT ROBERT McGREGOR, 2 THORNLIE GILL, WISHAW Agent Alastair MacFarlane, 84 Buchanan Drive, Cambuslang DEVELOPMENT ERECTION OF 3 DWELLINGHOUSES LOCATION 2 THORNLIE GILL, WISHAW Ward No. 7 Grid Reference 279530-654710 File Reference S/PL/B/l 0/28/JLIAB Site History Planning consent was granted for the erection of the original dwellinghouse in 1970. Planning consent was granted in 1978 for the erection of a dental surgery within the application site. Development Plan Residential on Finalised Wishaw Local Plan Contrary to Development Plan No CONSULTATIONS Objection No Objection West of Scotland Water, Scottish Power, Transco Conditions The Coal Authority, NLC Environmental Services No Reply REPRESENTATIONS Neighbours One letter of objection Newspaper Advertisement Not Required COMMENTS The applicant seeks planning consent for the construction of three dwellinghouses at 2 Thornlie Gill, Wishaw. The site is presently occupied by one dwelling unit and former dental laboratory which will be demolished to accommodate these proposals. Access to the site would be via an existing 5 m wide private access which itself is accessed off a private road, namely, Thornlie Gill. One letter of objection was received from a notified neighbour. The objector’s concerns and my observations may be found in the accompanying report. Notwithstanding the concerns made by the objector, I hereby recommend that planning consent is granted. RECOMMENDATION Grant, subject to the following conditions:- That before development starts a written application and plans, in respect of the following reserved matters, shall be submitted to, and approved by, the Planning Authority:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; Reason: The approval is in principle only. That the total number of dwellinghouses within the site shall be not more than 3. Reason: To ensure that the Planning Authority’s minimum standards of garden size are achieved in the interests of residential amenity. That the dwellinghouses hereby permitted shall be no higher than 1?4 storey. Reason: In the interests of the amenity of the adjoining residential area. That before the development starts, a certificate from a recognised firm of chartered engineers, shall be submitted to the Planning Authority confirming the mineral stability of the site. Reason: To ensure the mineral stability of the area. 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 reserved matters are approved, whichever is the later. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition (1) above, shall be made to the Planning Authority, Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. That before development 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 by, the Planning Authority. Reason: These details have not been submitted. That before any dwellinghouses situated on a plot within which a fence is to be erected are occupied, the fence, or wall, for which the permission of the Planning Authority has been obtained under the terms of condition (7) above, shall be erected. Reason: To safeguard the amenity of future residents. That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority. Reason: These details have not been submitted. (10) That before development starts, details of the surface finish to the common private access road shall be submitted to, and approved by, the Planning Authority. Reason: These details have not been submitted. (1 1) That before any of the dwellinghouses are occupied, a private vehicular access, or driveway, of at least 10 metres in length shall be provided within each plot and the first two metres of this access, beyond the limit of the common access road, shall be finished in a suitable hard, sealed surface to the satisfaction of the Planning Authority. Reason: To ensure the provision of adequate parking facilities within the plot and to prevent deleterious material being carried onto the private road. (12) That before any of the dwellinghouses hereby permitted are occupied, 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway. Reason: To ensure the provision of adequate parking facilities within the site. (13) That before any of the dwellinghouses hereby permitted are occupied a turning facility shall be provided within the curtilage of each plot site to allow vehicles to enter and leave the site in forward gear. Reason: In the interests of public safety. (14) That prior to the submission of a detailed planning application, proof of access to the subdivided site along Thornlie Gill shall be submitted to the Planning Authority. Reason: These details have not been submitted. (1 5) That if any damage is caused to Thornlie Gill during construction of the dwellings, the developer shall be responsible for the reinstatement of said road to the satisfaction of the Planning Authority. Reason: In the interests of public safety. (16) That a noise attenuation report shall be carried out prior to the submission of a detailed planning application, and shall specifically include a rail noise survey the method and coverage of the study shall be carried out to the complete satisfaction of the Planning Authority. A report on vibration levels should also be submitted. The site layout and building specifications should take fill account of any site development recommendations made in these reports, to the entire satisfaction of the Planning Authority. Reason: To safeguard the amenity of future residents. List of Background Papers Application form and plan Finalised Wishaw Local Plan and Consultative Draft Motherwell Local Plan Letter dated 10/10/97 from West of Scotland Water Letter dated 9/10/97 from The Coal Authority Memo dated 16/10/97 from NLC Environmental Services Letter dated 22/10/97 from Scottish Power Letter dated 30/10/97 from Transco Letter dated 7/10/97 from Mrs Grace Meikle Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Mr Lennon. APPLICATION NO. S/97/00629/OUT REPORT 1 .o DescriDtion of Site and Proposal 1.1 The application site is situated in central Wishaw and is bounded to the south by the local railway line, to the north, east and west by residential dwellings. There is currently a dwellinghouse situated on the site which was built around 1970. A small dental laboratory was also built adjacent and ancillary to the dwellinghouse. These buildings are now in a derelict state and prone to vandalism. 1.2 The proposal is for the demolition of the existing derelict dwellinghouse and replacing it with three dwellinghouses. Access would be taken off Thomlie Gill which is a private road, via an existing 5 metre wide common access, with each plot having its own driveway and parking area incorporated within its curtilage. 2. Consultations 2.1 No objections were raised from the following consu1tees:- West of Scotland water Scottish Power Transco 2.2 The Coal Authority had no objections, however, technical advice should be sought to determine the suitability of the site for building. 2.3 The Director of Environmental Services has no objections provided that a noise survey is carried out by a recognised advisor and that, as a result of the survey, suitable noise insulation measures are incorporated within the dwellinghouses hereby approved. 3. Objections 3.1 One letter of objection has been received from a notified neighbour. The objection may be summarised as follows:- - 3 dwellings on the site is excessive, 2 would be better due to the slope of the land down towards the railway embankment, consequently 3 houses would restrict sunlight and air circulation causing further dampness; - possible overshadowing of adjacent dwellinghouses as a result of the new buildings; - will developer have to reinstate accesshoundary areas at nos. 2, 4, 6 and 8 Thomlie Gill as it is not a suitable surface for heavy vehicles and machinery and would therefore damage the existing road surface. 4. Observations and Conc lusions 4.1 With regard to the objections received, I have the following observations to make:- * the formation of 3 plots at this location is acceptable to my Department in terms of the Council’s adopted space standards and accessibility criteria. This application is in outline only, therefore no details of actual positions of buildings have been submitted, however, these details will be addressed once a detailed application is submitted. overshadowing is not considered to be an issue given the available size of the development site and the limitation on building height to 1% storeys. as with all development sites, the developer will be responsible for any damage to property outwith his boundary. The applicants ‘right’ over Thomlie Gill and maintenance responsibilities will be addressed prior to the granting of any reserved matter application. 4.2 With the imposition of appropriate planning conditions, I consider that planning consent should be granted. The site is lying in a derelict unkempt state and will only get worse unless action is taken quickly. Three houses on the site to replace one, although fairly tight, meets the Council’s standards in terms of open space and accessibility, I therefore recommend that outline planning consent is granted. Application No. s/97/0071 l/FUL Date registered 10 November 1997 APPLICANT CAROL AND CHARLES McAVOY, 83 BONKLE ROAD, NEWMAINS Agent Tom McFeely, 267 Stewarton Street, Wishaw ML2 8AL DEVELOPMENT ERECTION OF 1% STOREY DETACHED DWELLINGHOUSE WITH INTEGRAL GARAGE LOCATION 70 BONKLE ROAD, NEWMAINS, ML2 9AW Ward No. 16 Grid Reference 656280282750 File Reference S/PL/B/3/58/GMcK/AB Site History Planning permission granted for private housing development at 68-70 Bonkle Road, Newmains in April 1972 (App No. P/72/223) Planning permission granted for erection of dwellinghouse on 0.375 acre of land at 68-70 Bonkle Road, Newmains in April 1973 (App No. P/72/1757) Development Plan Greenbelt, (Written Statement) Wishaw Local Plan Contrary to Development Plan Yes CONSULTATIONS Objection No Objection British Gas Transco, Scottish Power, The West of Scotland Water Authority Conditions The Coal Authority No Reply British Telecom REPRESENTATIONS Neighbours Newspaper Advertisement No Response COMMENTS This application seeks planning permission to erect a dwellinghouse with integral garage at 70 Bonkle Road, Newmains. The proposal is contrary to the (Written Statement) Wishaw Local Plan as the site is zoned as Greenbelt. For the reasons contained in my accompanying report, however, I consider the proposal can be justified. Furthermore I am satisfied that in principle the site is capable of meeting each of the requirements regarding garden ground, access, parking and manoeuvring. I therefore recommend that planning consent is granted. Fleproduced from Ordnance Survey with the PLANNING APPLICATION NO. S/97/007Il/FUL permission of the Controller Of Her Majesty's stationery offzce ~ crown ERECTION OF ONE AN0 A HALF STOREY OETACHEO 1: 1250 4 unauthorised Peproamtion cooyright. DWELLINGHOUSE WITH INTEGRAL GARAGE infringes Crown copyright and may lead to prosecution or civil proceedings 70 BONKLE ROAD Date N North Lanarkshire Council 17/12/97 I Licence number LAOSOdlL NEWMAINS RECOMMENDATION Grant, subject to the following conditions:- That the development hereby permitted shall be started within five years of the date of this permission. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. That before development 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 by, the Planning Authority. Reason: These details have not been submitted. That notwithstanding the generalities of condition (2) a 1.8 metre high close boarded screen fence shall be erected along the boundary marked BROWN on the approved plans before the dwellinghouse is occupied. Reason: To safeguard the amenity of future residents. That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority. Reason: These details have not been submitted. That no trees within the application site shall be lopped, topped, felled, or otherwise affected, without the prior written consent of the Planning Authority. Reason: To safeguard the amenity of the area. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 6 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be paved. Reason: To prevent deleterious material being carried onto the road. That before the development starts, a certificate from a recognised firm of chartered engineers, shall be submitted to the Planning Authority confirming the mineral stability of the site. Reason: To ensure the mineral stability of the area. That a visibility splay of 2.5 metres by 90 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. Reason: In the interests of public safety. That before the dwellinghouse hereby permitted is occupied, a dropped kerb vehicular access shall be constructed, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority. Reason: In the interests of public safety. That before the dwellinghouse hereby permitted is occupied a turning facility shall be provided within the curtilage of the site to allow vehicles to enter and leave the site in forward gear. Reason: In the interests of public safety. NOTE TO COMMITTEE If granted, this application will require to be referred to the Secretary of State for Scotland in accordance with The Town and Country Planning (Notification of Applications) (Scotland) Direction 1997. List of Background Papers Application form and accompanying plans dated 10/11/97 (Written Statement) Wishaw Local Plan Letter from British Gas Transco dated 21/11/97 Letter from Scottish Power dated 24/11/97 Letter from The Coal Authority dated 28/11/97 Letter from the West of Scotland Water Authority dated 11/12/97 Any person wishing to inspect the above background papers should telephone Motherwell 302139 and ask for Gwen McKillop. APPLICATION NO. S/97/00711/FUL REPORT 1.o SITE AND PROPOSAL 1.1 This application seeks planning permission to erect a 1% storey detached dwellinghouse with integral garage at 70 Bonkle Road, Newmains. The site would be bounded by Bonkle Road and the Rowantree Bar to the north-west and by no. 68 Bonkle Road to the south-west. To the north-east and south-east, the site would be bounded by open ground. 1.2 The open ground is part of a reclaimed bing and is made up of a number of interconnecting footpaths. Access to this network from Bonkle Road bounds the north eastern boundary of the site. The Booker Cash and Carry bounds the other side of the footpath. 1.3 Part of the site was formerly within the ownership of the Council. It has only recently been sold to the applicant and is on the basis that the site would be developed for a single dwellinghouse. The applicant has also incorporated part of the garden ground of no. 68 Bonkle Road to form a plot with a 19 m frontage and area of 880 m2, approximately. 1.4 The site forms part of a landscaped area and there are a number of mature trees within its boundaries. It is the applicants intention to retain these trees and take access through a natural break. The applicants, however, do not intend to retain the shrubbed area to the front of the site. 2.0 CONSULTATIONS 2.1 British Gas Transco have no objection to the proposal. Transco have stated however that the proposed work would affect their supply network and protective measures may be required for their apparatus. 2.2 The Coal Authority have stated that the application site is within the likely zone of influence on the surface from workings in one seam of coal at shallow depth. Furthermore there is also one mine entry within 20 metres of the property. 2.3 Scottish Power and the West of Scotland Water Authority have no objection to the proposed dwellinghouse. 2.4 No reply was received from British Telecom. 3.0 REPRESENTATIONS 3.1 There were no representations to the proposal. 4.0 OBSERVATIONS 4.1 The proposed site lies within the Greenbelt as defined within the (Written Statement) Wishaw Local Plan, particularly Policy El. It seeks to prevent new residential, industrial and commercial uses subject to certain exceptions. This development does not fall within any of the categories exempted. 4.2 The application site is within the Newmains urban envelope. It would front onto Bonkle Road and would have direct vehicular access and as infill development, is considered appropriate. 4.3 In addition the open ground to the east and south is owned by the Council. Thus, the opportunity for additional residential development or to set a precedent is within the control of the Council. I consider these to be specific characteristics which mitigate the need for adherence to the general policy parameters. 4.4 The applicant has demonstrated through the submission of a block plan that there would be adequate space to build a three bedroom 1'/z storey dwellinghouse. Thus it is considered that the proposal would not significantly increase the density of housing in the area, or amount to over-development . 4.5 With regard to privacy, sunlight and design it is considered that the proposed dwellinghouse would be designed and positioned on the site far enough away from existing houses so that windows would have no material affect on privacy. Furthermore I consider the site to be large enough to be capable of meeting each of the requirements regarding access, parking and manoeuvring. 5 .O CONCLUSION 5.1 For the reasons stated above I consider that this proposal would not constitute a strategic loss of countryside. Furthermore I am satisfied that a dwellinghouse subject to certain conditions could be accommodated within the site. I therefore recommend that planning consent is granted. Application No. S/97/007 16IFUL Date registered 10 November 1997 APPLICANT HOLIDAY INN WORLDWIDE, AREA MANAGEMENT OFFICE- UK, SUITE 625, HOLIDAY INN CROWNE PLAZA, LONDON, HEATHROW, STOCKLEY ROAD, WEST DRAYTON, MIDDLESEX, UB7 4ND Agent Young and Gault, Architects, 36 Speirs Wharf, Glasgow, G4 9TB DEVELOPMENT 40 BED, BEDROOM EXTENSION TO HOLIDAY INN AND ASSOCIATED ADDITIONAL CAR PARKING LOCATION HOLIDAY INN EXPRESS HOTEL, STRATHCLYDE COUNTRY PARK, MOTHERWELL Ward No. 25 Grid Reference 271660658420 File Reference S/PL/B/7/1OO/JL/JM Site History Planning permission was granted in October 1990 for the erection of a 125 bedroom hotel with conference and leisure facilities. Planning consent was granted in May 1995 for the erection of 80 Bedroom Hotel with Car Parking and Access Road. Development Plan Greenbelt on Consultative Draft Motherwell Local Plan Contrary to Development Plan No CONSULTATIONS Objection No Objection Scottish Natural Heritage The Scottish Office Roads Directorate Conditions No Reply REPRESENTATIONS Neighbours No Response Newspaper Advertisement No Response COMMENTS The applicant seeks planning permission to construct a 40 bed, bedroom block extension to the existing hotel with associated car parking located at the north west end of Strathclyde Country Park adjacent to the Raith M74 motorway interchange. The existing hotel and proposed extension will be closely linked to the existing restaurant situated on the north side of the hotel. Although it isrecognised that there is a current traffic congestion problem at peak times at this main road traffic junction, it is considered that this proposal will not have unduly an significant impact on the roundabout due to the nature of its use. It should be noted that the original planning permission for this site allowed a 125 bed hotel and this extension will provide a similar sized unit to that first envisaged for this location. I regard this proposal as an important component in the development in the park and feel that it will make a valuable contribution to the economic development of the area, I therefore recommend that planning consent is granted. RECOMMENDATION Grant, subject to the following conditions:- That the development hereby permitted shall be started within five years of the date of this permission. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. That the facing materials to be used for the external walls and roof shall complement in colour and texture those of the existing adjoining building to the satisfaction of the Planning Authority. Reason: In the interests of the visual amenity of the area. That before development starts, a scheme of landscaping shall be submitted to, and approved by, the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the 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, and (d) details of the phasing of these works. Reason: In the interests of the visual amenity of the area. That prior to the occupation of the extension hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (3) above, shall be completed, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within 2 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species. Reason: In the interests of amenity. That before development starts, details of the surface finishes to all parking and manoeuvring areas shall be submitted to, and approved by, the Planning Authority. Reason: These details have not been submitted. (6) That before the development hereby permitted is completed, or brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas. Reason: To ensure the provision of adequate parking facilities within the site. (7) That notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, no fascia signs, adverts, or projecting signs, shall be erected on the premises without the prior written consent of the Planning Authority. Reason: In the interests of the visual amenity of the area. List of Background Papers Application form and plans Memo dated 24/11/97 from NLC Leisure Services Country Parks Manager Letter dated 04/12/97 from Scottish Natural Heritage Letter dated 16/12/97 from The Scottish Office Any person wishing to inspect the above background papers should telephone Motherwell 302142 and ask for Mr Lennon. Application No. s/97/007 17/FUL Date registered 11 November 1997 APPLICANT WISHAW AND DISTRICT HOUSING ASSOCIATION LIMITED, 22 LIBRARY ROAD, WISHAW Agent Murray Design Group, Chartered Architects, 3 La Belle Place, Glasgow DEVELOPMENT RESIDENTIAL DEVELOPMENT OF 28 NO. DWELLINGS LOCATION NORTH IULMENY CRESCENT, INNERLEITHEN DRIVE AND NEWARK DRIVE, COLTNESS, WISHAW Ward No. 10 Grid Reference 656580-280530 File Reference S/PL/B/4/5( 56)/GMcWAB Site History Planning permission granted for 62 dwellinghouses on site adjacent to proposal in September this year (App. No. S/97/00462/FUL) Development Plan Residential, (Written Statement) Wishaw Local Plan Contrary to Development Plan No CONSULTATIONS Objection No Objection Conditions Scottish Power, The Coal Authority, West of Scotland Water Authority No Reply REPRESENTATIONS Neighbours No Response Newspaper Advertisement Not Required COMMENTS This application seeks planning permission for the erection of 28 dwellinghouses to the east of Coltness Road between North Kilmeny Crescent and Newark Drive, Wishaw. The development would comprise of a mix of two storey flats and semi-detached properties together with the formation of new on-site roadways, landscaping and the formation of parking spaces around the perimeter of the site. The majority of the development would consist of one and two bedroom dwellings and would be located around the perimeter of the site. The remainder of the site would be accessed from Innerleithen Drive. No objections have been received in relation to this application. It is considered that in terms of garden space, parking, access and manoeuvring requirements, the proposal is acceptable. I therefore recommend that planning permission is granted. RECOMMENDATION Grant, subject to the following conditions:- That the development hereby permitted shall be started within five years of the date of this permission. Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997. That before development starts, samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved by, the Planning Authority. Reason: These details have not been submitted. That before development starts, a scheme of landscaping shall be submitted to, and approved by, the Planning Authority and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works. Reason: In the interests of the visual amenity of the area. That prior to the occupation of the last 2 dwellinghouses within the development hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition (3) above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within 2 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species. Reason: In the interests of amenity. That before development starts, details of the surface finishes to parking bays, parking courts and curtilage parking areas shall be submitted to, and approved by, the Planning Authority. Reason: These details have not been submitted. That before the development hereby permitted is completed, or brought into use, all the area covered by the scheme, approved under the terms of condition (5) above, shall be levelled, properly drained, surfaced in a material which the Planning Authority has approved in writing before the start of surfacing works, and clearly marked out and shall, thereafter, be maintained as parking areas. Reason: To ensure the provision of adequate parking facilities within the site. That before the dwellinghouses hereby approved are occupied each private vehicular access shall be fully surfaced for the first two metres. Reason: To prevent deleterious material being carried onto the road. (8) That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided on both sides of the vehicular access marked A on the approved plans and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. Reason: In the interests of public safety. (9) That a visibility splay of 4.5 metres by 90 metres, measured from the road channel, shall be provided to the east of the vehicular access marked B on the approved plans and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. Reason: In the interests of public safety. (10) That a visibility splay of 4.5 metres by 60 metres, measured from the road channel, shall be provided to the south of the vehicular access marked C on the approved plans and before the development hereby permitted is completed, or brought into use, everything exceeding 1.05 metres in height above the road channel level shall be removed from the sight line areas and, thereafter, nothing exceeding 1.05 metres in height above road channel level shall be planted, placed, erected, or allowed to grow, within these sight line areas. Reason: In the interests of public safety. (11) That prior to the commencement of development on site, a scheme for the future maintenance of all landscaped areas of public open space shall be submitted to and approved by the Planning Authority. Reason: In the interests of residential amenity. (12) That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, no gates, fences, walls, or other means of enclosure, shall be erected between the front of the dwellinghouse and the adjoining road without the prior written consent of the Planning Authority. Reason: To safeguard the amenity of future residents. (13) That any garages built within the curtilage of a dwellinghouse shall be finished in materials which match the existing dwellinghouse. Reason: In the interests of the visual amenity of the area. (14) That before the development hereby permitted is completed details of the gateway feature shall be submitted to, and approved by, the Planning Authority. Reason: In the interests of the visual amenity of the area. List of Background Papers Application form and accompanying plans dated 11/11/97 Letter and amended plans dated 3/12/97 (Written Statement) Wishaw Local Plan Letter from the Coal Authority dated 19/11/97 Letter from West of Scotland Water dated 20/11/97 Memo from NLC Leisure Services dated 27/11/97 Any person wishing to inspect the above background papers should telephone Motherwell 302139 and ask for Gwen McKillop.