Council

DEPARTMENT OF PLANNING AND ENVIRONMENT

Planning Applications for consideration of Planning and Environment Committee

Committee Date : 11 September, 2002

AGEMDA ITEM NO...... 3

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

9 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 11 SEPTEMBER 2002

Page No. Application No. Applicant DevelopmentlLocus Recommendation

14 NI02100301IFUL Kevin & Carol Melia Change Of Use of Class 5 and Refuse Agricultural Land to Form Equestrian Centre, (Incl. Stables, Office, Store and Temp. Caravan). Site to the North of Greenside Farm Waterhead Road Palacerigg,

19 N/02100584/FUL Hutchison 3G Erection of a 25 Metre High Grant Telecommunications Monopole and Associated Equipment Site to the South East of 6 Deerdykes Road Westfield, Cumbernauld

22 N/02/00659/F UL Orange Personal Erection of an 11.8 Metre High Refuse Communications Communications Post and Ancillary Services Limited Equipment Site to the North of 10 Ben Lawers Drive, Balloch, Cumbernauld

30 Nl021006741FUL David Kerr Construction of Garage with Two Upper Grant Floor Rooms Helenslea Castlecary Road Castlecary, Cumbernauld

35 N/02/00675/F U L Mrs Helen Sutherland Change of Use of Yard to Vehicle Sales Grant (In Retrospect) 12 Old Gartloch Road

42 N102100684lFUL Rock Res Limited Residential Development (62 Units) Grant (P) Lochend Road Gartcosh

51 N102100753lFUL Orange Personal Erection of a 15 Metre High Grant Communications Telecommunications Post and Services Ltd Associated Equipment Site to the North West of Balloch Road Balloch. Cumbernauld

56 N/02/00902/FUL Church Of Extension to Church Hall Grant Church Of Scotland Blackwoods Crescent

59 N102/01048/AMD J B Bennett (Contracts) Construction of a Dwellinghouse Grant Ltd Plot 51, Barr Farm Manse Road,

64 N102101051IFUL J B Bennett (Contracts) Formation of a Landscaped Feature Grant Ltd Site Adjacent to Manse Road I South Barrwood Road Kilsyth

69 C102/00241IADV Woolworths Plc Erection of Internally Illuminated Pole Refuse Sign and Fascia Signs (in retrospect)- Town Park South Circular Road

73 CIO2/00277/FUL Mr & Mrs M Fadzean Erection of Double Garage and Grant Conservatory - 4 Woodend Drive Airdrie

10 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 11 SEPTEMBER 2002

Page No. Application No. Applicant DevelopmentlLocus Recommendation

77 C/O2/00518/ADV Auto Masters Erection of Directional Advert Refuse Land West Of Entrance To Flowerhill Industrial Estate Flowerhill Street Airdrie

80 C/02/00727/FUL Persimmon Partnerships Erection of 85 Dwellinghouses Grant (Scotland) Ltd Land South of 24-30 And 15-101 Ailsa Road Coatbridge

87 C/O2100761/FUL Mrs Patricia Robertson Siting of Snack Bar Former Filling Grant Station West of Springfield Road Road Newhouse

93 C/02/00771/OUT Mrs Marion Wall Erection of Dwelling (In Outline) Refuse (P) Blackton House Airdrie

98 C102/00806lREM James Hamilton Erection of Stables and Siting of Grant Temporary Residential Accommodation Land at Gimmerscroft Moffat Mills Roughrigg Road Airdrie

102 C/02100822/OUT Robert Speirs Erection of 6 Flatted Dwellinghouses (In Grant Outline) -14 Lauchope Street

106 C/02100824/OUT Mrs C McAllister Erection of Dwellinghouse (In Outline) Refuse (P) Site South of Ramoan House West of 37-39 Whitelaw Avenue Coatbridge

111 C/02/0083O/FUL RAL Limited Change of Use of Vacant Shop Unit to Refuse Mixed Use Comprising 760 sqft of Class 1 Use 780 sqft Gaming Centre and 940 sqft Ancillary Staff Facilities and Storage - 103 Main Street Coatbridge

118 Cl02/00847/OUT J. Duffy Residential Development (In Outline) Refuse (P) Land South of Deanstone Place Ca rnbroe 125 C102/00851IFUL Mr M Rea Change of Use of Class 1 Shop to Hot Refuse Food Cafeteria and Take-Away at 81 Main Street Coatbridge

128 C/02100875/FUL Hutchinson 3G UK Erection of 15m High Grant Telecommunications Mast and associated Cabinet and Compound at Land South East of Whitehill Farm Gartcosh

131 Cl02/008791ADV Score Outdoor (Scotland) Erection of 2 x 48 Sheet Externally Refuse Ltd Illuminated Advertising Hoardings at Land North West Of 234 Road Airdrie

134 C/02/00928/FUL Mavisbank Properties Ltd Conversion of Domestic GaragelStore Refuse to Dwellinghouse (Part Retrospective) at 2 Alexander Street Airdrie

11 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE 11 SEPTEMBER 2002

Page No. Application No. Applicant DevelopmentlLocus Recommendation

140 C102/00996/FU L 02 (UK) Ltd. Erection of 15M High Grant Telecommunications Tower and Associated Cabinet and Compound - 7 Hollandhurst Road Coatbridge

143 C1021009981FU L Sinclair Upton Siting of Mobile Snack Van Car Park - Grant Faraday Retail Park Coatbridge

146 C/02101088/ADV The Sofa Warehouse Erection of Advertising Hoarding - Refusal (Scotland) Ltd 260 Main Street Coatbridge

149 C102/01092/NID North Lanarkshire Construction of Concrete Recreational Grant (P) Council Skate Park, Multi Sport Court and Associated Boundary Fence, Floodlights and Parking Area - Airdrie Leisure Centre Street Airdrie

156 S102/00078/FUL Eastlake Developments Proposed Access Road Grant Access Road south of 2 Industrial Estate, Buchan Road, Carfin, Motherwell

163 S/02/00438/0 UT Kevin Ritchie Erection of 2 Nos. 2 Storey Gr,ant Dwellinghouses with Integral Garages (In Outline) Land west of Junction with Carfin Road, Glenmore Road, Motherwell

169 S/02/00534/FU L Marjory Kennedy Upfilling of Land from Pond Material (in Grant retrospect) - Greenhill Farm, Greenhill Road, Cleland

174 S/02100574/AMD Taylor Homes (Scotland) Erection of 10 Dwellinghouses and Refuse Ltd. Formation of Access Road (Amendment to Planning Permission SI01/014341FUL) Land South of 225 Shottskirk Road,

179 S102/006201FUL Taylor Homes (Scotland) Erection of Dwellinghouse, Garage and Grant Ltd. Access Road Southernmost Part of Land South of 225 Shottskirk Road, Quarry Road, Shotts

185 S102/0062910UT A & A Neil Architects Erection of LoungelRestaurant and Grant Discotheque (In Outline) Land to west of 117 Station Road, Shotts

192 S/02/0064410UT Colin And Rosaleen Erection of Dwellinghouse (in outline) Grant Jenkins Land North Of 77-89 Main Street Shotts

196 S1021008261FUL Mr H Hussain The Demolition of Existing Shop Unit & Grant Construction of Larger Replacement 72 Carfin Road, Motherwell

199 S/02/00835/OUT Mr Wm McCluskey Erection of 1 No. Dwelling (in outline) Grant 236 Street.

12 APPLICATIONS FOR PLANNING AND ENVIRONMENT COMMITTEE II SEPTEMBER 2002

Page No. Application No. Applicant DevelopmentlLocus Recommendation

S/O2/00903/0 UT James Edwards Erection of One Dwellinghouse (in Grant outline) Land East of 100 Road, Uddingston

S/02/00908/FUL Stephen Frame Siting of Mobile Snack Bar in Car Park Refuse Snack Bar at CPA, Calderhead Road, Shotts S/02/0091OIFUL Sarah Nisbet Erection of Mobile Snack Bar in Car Grant Park Snack Bar at Coltness Industrial Park Main Street.

S/02/01033/FUL Mr M Cathcart House Extension Grant 72 Beechwood Gardens Bellshill

S/02/01063/AMD Mr Brian McFarlane Erection of Upper Balcony to Rear Grant Elevation, Including Screen to South Facing Elevation 86 Biggar Road, Cleland

S/O2/01069lFUL Terex UK Ltd Recladding of Buildings Grant Terex, Kirk Road, Newhouse, Motherwell S/02/00678/FUL D Lees & C McAlister New Semi-Detached House Block Refuse Land West of 4 Springhill View, Shotts

N/02/00684/FUL If approved, S75 Agreement to be concluded C/02/00771/OUT If approved refer to Scottish Ministers: Contrary to Policy C/02/00824/OUT If approved refer to Scottish Ministers: Contrary to Policy C102/0084710UT If approved refer to Scottish Ministers: Contrary to Policy C/02/010921NID If approved refer to Scottish Ministers: Objections received

13 Application No: N/02/00301/FUL

Date Registered: 15th March 2002

Applicant: Kevin & Carol Melia 25 Blairdennon Avenue Mood ies bu rn

Agent G M Robb 9 Newlyn Drive Melrose

Development: Change of Use of Class 5 (Industrial) and Agricultural Land to form an Equestrian Centre, (Including Stables, Office, Store) and the siting of a Residential Caravan on a temporary basis.

Location: Greenside Farm, Waterhead Road, Palacerigg, Cumbernauld

Ward: 60: East

Grid Reference: 276684673461

File Reference: N/02/00301/FUL

Site History: N/00/00456/0UT -Construction of 5 Dwellinghouses. Refused 6 March 2001 by the Scottish Ministers. N/00/01548/FUL - Erection of a 15m. high telecommunications mast, equipment cabin and compound. Granted 31 December 2001 N/01/01048/FUL - Conversion of barn to form domestic garage Granted 3 October 2001 N/01/01012/FUL - Renovation of derelict farmhouse and barn to form dwelling & stables. Granted 10 October 2001 N/01/01081/FUL - Change of use from agricultural land to caravan storage. Granted 5 November 2001 N/01/01156/FUL - Erection of a 15m. high telecommunications tree mast. Granted 14 November 2001

Development Plan: The property is covered by open space policies in the Cumbernauld Local Plan.

Contrary to Development Plan: No, but requires justification for the residential accommodation.

Consultations: NLC Community Services (Comments) Scottish Natural Heritage (Corn ments) Scottish Water (No Objections) British Gas Transco (Com ments) Scottish Power (Objections) The Coal Authority (No Objections) NLC Finance (Objections)

Representations: None Received Newspaper Advertisement: Not Required

14 \

- -T?-----=i \\ /I // produced by Department d Planning and Enwronment NlOZ0030 1IFU L Nuthern Divlslm LANARKSHIRE won way Kevin & Carol Melia CUMBERNAULD Greenside Farm, Waterhead Road, Cumbernauld G67 IDZ Change of Use of Class 5 &Agricultural Land RBpmduCBd horn me Ordndnance SUNBY mspplnp WLh Telephone 01236 616400 Fax 01236 616420 A me pm1611On of the Corlmlbrof krMqestV5 To Form Equestrian Centre ( including Stables, SmDOwOMoe OC- mpmm 1: 5000 unemonssa repmd~ottontnrnnges mwnCODYW OS Licence LA 04081L Office, Store & Temp. Caravan 1 c IM msylesd to ~lo~ewti~nOICIVII PmCW4ngg Comments:

The applicant proposes to establish an equestrian business and the siting of a residential caravan for a temporary period on an area of land located to the north of Greenside Farm, Waterhead Road, Palacerigg, Cumbernauld. The property was originally a farmsteading, but part of the site is covered by a Lawful Use Certificate for Class 5 (Industrial Use). This related to use of some farm outbuildings and workshops for the manufacturing of chimney cans.

The equestrian element involves the construction of a single storey stable block which will accommodate 7 individual stalls, an office, storeroom and toilet. The site is located in a highly visible area and is covered by the open space policies of the Cumbernauld Local Plan.

Having regard to the Local Plan, the amenity of the area and the lack of a sound justification for the residential unit, I consider that the proposals are unacceptable. It is recommended that planning permission be refused.

Recommendation: Refuse for the Following Reasons:-

1. In the interests of visual amenity in that the proposed development will be visible over a wide area and will adversely affect the open and extensive nature of the landscape.

2. The residential caravan cannot be justified in terms Local Plan policy and the applicants have failed establish a sound justification for the residential unit in their submitted business plans.

Background Papers:

Application form and plans received 15th March 2002 Memo from Traffic & Transportation Team Leader received 22nd April 2002 Memo from Head of Protective Services received 11th April 2002 Memo from Countryside and Landscape Manager received 20th April 2002 Letter from Scottish Natural Heritage received 8th April 2002 Letters from Scottish Water received 1Oth April & 1st May 2002 Letter from British Gas Transco received 2nd March 2002 Letter from Scottish Power received 12th April 2002 Letter from the Coal Authority received 9th April 2002 Memos from Director of Finance received 14th May and 28'h August 2002

Any person wishing to inspect these documents should contact Marlaine Lavery at 01 236 61 6464.

16 APPLICATION NO. N/02/00301/FUL

REPORT

1. Description of Site and Proposal

1.I The application site lies on a hillside to the south of Cumbernauld, and forms part of a prominent area of open landscape visible from large areas of Cumbernauld from the town centre southwards. Access is from Waterhead Road along a narrow single track road.

1.2 The site forms part of the Greenside Farm complex, which was originally a farm unit and was later used as a manufacturing facility for chimney cans. The original farmhouse was abandoned in favour of a replacement dwelling outwith the application site some thirty years ago. Parts of the building remain on the site as a ruin. An ad-hoc group of farm outbuildings and later workshops also remain on the site and these are largely derelict. The site is surrounded by agricultural grazing land and Palacerigg Country Park lies to the west. Groups of mature trees form a prominent feature of the site, although a number of these are in poor condition.

1.3 Permission is being sought for the construction of a stable block and the siting of a residential caravan for a temporary period. The applicant’s agent has stated that the caravan isAincludedin the proposal as a temporary residence for the manager of the livery, and that once the business has been properly established “it is my clients’ intention to apply for the erection of a permanent dwellinghouse, which would allow the caravan to be removed from site.”

1.4 The stable block will be a single storey structure with 7 individual horse stalls, an office, storeroom and toilet. The applicant aims to provide a livery business to care for “disturbed” and “problem” horses.

2. Development Plan

2.1 The site is covered by policy EN26 - “Significant Areas of Open Space: Limited Development Allowed” within the Cumbernauld Local Plan. This policy states that, “There will be a presumption against development in areas of open space defined on the Proposals Map, and other areas of recreational or amenity value to their surroundings except where the development provides for outdoor recreation, nature conservation or landscape protection”

3. Backnround and Site Historv

3.1 A Certificate of Lawful Use was issued in 1997 in relation to the use of part of Greenside Farm for a manufacturing process.

3.2 An application for the construction of 5 houses was approved by the Committee in April 2000, contrary to my recommendation. Following a referral to the Scottish Ministers, permission was subsequently refused.

3.3 Despite the open space policy covering the site there, a number of planning permissions have been granted as follows :-

0 001015481FUL - Erection of a 15m. high telecommunications mast, equipment cabin & compound (31 December 2001 .) 01/01048/FUL - Conversion of barn to form domestic garage (3 October 2001 .) 0 011010121FUL - Renovation of derelict farmhouse and barn to form dwelling & stables (10 October 2001 .) 0 01/01081/FUL - Change of use of agricultural land to caravan storage (5 November 2001 .) 01/01156/FUL - Erection of a15m. high telecommunications tree mast (14 November 2001 .)

17 3.4 The renovation of the farmhouse and barn to form a dwelling and stables has not yet been implemented. However, it should be noted that the applicants have these two on-site residential units within their control.

4. Consultations and Representations 4.1 My Transportation Section has recommended appropriate conditions on any consent which might be issued.

4.2 The Community Services Department have commented on the high visibility of the site and have suggested conditions regarding the mature trees and screening of the site, should permission be granted.

4.3 The Director of Finance has assessed two separate business plans and has concluded that the business is not financial viable.

4.4 Scottish Power has objected to the proposal on the basis that they have apparatus within the site and the applicants have not approached them regarding the development.

4.5 Scottish Natural Heritage has expressed concern over the development of the site. Their main issue relates to the high visibility of the site and they consider that the construction of a modern building should be discouraged. They have also offered conditions regarding screening and protection of habitats which exist on site, should permission be granted.

4.6 British Gas Transco, the Coal Authority, and Scottish Water have no objections.

5. Planning Assessment and Conclusions

5.1 The primary issues which require to be considered when assessing applications of this nature are the appropriateness and compliance with the relevant development plans, and the effect the proposal will have on the amenity of the surrounding area.

5.2 The application site lies within an area of ‘platform farmland’ as defined by the and Clyde Valley Landscape Assessment Report 1998. One of the characteristics of this type of landscape is its open and extensive nature, which means that any development will be visible over a wide area. Although there are a number of derelict buildings on the site, the more important views are those longer range views from the north. At present these are not affected, but a new building could be visually intrusive.

5.3 While the equestrian element of the proposal could be regarded as acceptable at Greenside Farm in planning terms, the assessment of the business plans leads me to the conclusion that that applicants have not demonstrated a sound justification for the residential caravan.

5.4 The site’s previous history is material to the consideration of the current proposals. While the Local Plan policy states that there should be a presumption against development in this area, a number of permissions have been granted over the past two years. The site is in danger of becoming overdeveloped, and the applicant has already stated that the residential caravan will eventually be replaced by a permanent dwellinghouse.

5.5 Having carefully considered the applicants’ submissions, it is recommended that planning permission be refused.

18 Application No: N/02/00584/F UL

Date Registered: 21 st May 2002

Applicant: Hutchison 3G Clo Agent

Agent Stappard Howes The Fountain Business Centre Ellis Street Coatbridge ML5 3AA

Development: Erection of a 25 Metre High Telecommunications Monopole and Associated Equipment

Location: Site To The South East Of 6 Deerdykes Road Westfield Cumbernauld

Ward: 63: North And Westfield

Grid Reference: 272331 672343

File Reference: N/02/00584/F UL

Site History:

Development Plan: Cumbernauld Local Plan 1993

Contrary to Development Plan: No

Consultations: NLC Community Services (No response)

Representations: None Received

Newspaper Advertisement: 7'h August 2002

Comments:

This application seeks permission for the erection of a 25 metre high telecommunications monopole and associated equipment on Deerdykes Road, Westfield Industrial Estate, Cumbernauld.

The applicant has confirmed that the equipment will comply with ICNIRP guidelines for public exposure to electromagnetic fields.

My Transportation Section have no objection subject to the provision of a lay-by on Deerdykes Road adjacent to the site entrance which would reduce the necessity for vehicular access.

The style of monopole is not incongruous in an industrial area and it is similar to other monopoles in the vicinity. The belt of trees adjacent to the site will soften the view of the structure from the industrial estate and from the A80.

No objections have been received. The proposal is not contrary to Local Plan policies and it is recommended that planning permission be granted.

19

2. That before the development hereby permitted starts, full details of the final colour to the used on the telecommunication equipment, associated equipment and other features to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider this aspect in the interests of visual amenity of the site and surrounding area.

3. That before the development hereby permitted starts, full details of the proposed lay-by shall be submitted to, and approved in writing by the Planning Authority

Reason: To ensure satisfactory vehicular access to the site in the interest of public safety.

4. That in the event that the equipment becomes redundant, it must be removed and the site re- instated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure re-instatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 10th May 2002

Memo from Traffic and Transportation Team Leader received 21st June 2002

Any person wishing to inspect these documents should contact Mark Thomson at 01 236 616466.

21 Application No: N/02/00659/FUL

Date Registered: 23rd May 2002

Applicant : Orange Personal Communications Services Limited Masterton Way Park Uddingston G71 5PT

Agent Drummonds Mount Melville House Mount Melville St Andrews KYI6 8NT

Development: Erection of an 11.8 Metre High Telecommunications Monopole and Ancillary Equipment

Location: Site to The North of 10 Ben Lawers Drive, Balloch, Cumbernauld

Ward: 56: Balloch W, Blackwood E And

Grid Reference: 273707674636

File Reference: N1021006591FUL

Site History: No relevant history

Development Plan: Cum bernauld Local Plan 1993

Contrary to Development Plan: No

Consultations: NLC Housing And Property Services (No response) NLC Community Services (Com ments)

Representations: 138 Representation Letters and Two Petitions (127 signatures)

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of an 11.8 metre high telecommunications monopole with associated equipment at a site to the north of 10 Ben Lawers Drive, Balloch, Cumbernauld.

138 letters of representation have been received; one from Provost McCulloch, one from Councillor Glavin, one from Balloch and Eastfield Community Council, one from Eastfield Primary School Board and two from North Lanarkshire Council's Education Department. Two petitions have been received, one with 22 signatures and one with 105 signatures. It is recommended that planning permission be refused as there is significant degree of public concern to this proposal, and because the applicant has failed to demonstrate that this is the most suitable site.

22

Recommendation: Refuse for the Following Reasons: -

1. That the proposed development is contrary to NPPG19 in that the developers have failed to show adequately that they have considered other options and alternative sites.

2. That the telecommunications apparatus would result in a significant degree of public fear and concern about the effects of the apparatus on the health of residents and particularly children in the surrounding area.

3. That the proposed development is contrary to NPPG19 in that the developers have failed to display a precautionary approach to the siting of telecommunications equipment within the vicinity of a school and other facilities used by children's groups.

Background Papers:

Application form and plans received 23rd May 2002

Memo from Department Of Planning & Environment received 13th June 2002 Memo from Housing and Property Services received Letter from Provost B McCulloch received 14th June 2002 Memo from Countryside and Landscape Manager received 12th August 2002

Letter from Balloch/Eastfield Community Council, 102 Grampian Way, Balloch, Cumbernauld received 10th June 2002. Letter from Stuart Watson, 39 Southfield Road, Balloch, Cumbernauld received 17th June 2002. Letter from Provost Barry McCulloch, PO Box 14, Civic Centre, Motherwell, MLI ITW received 17th June 2002. Letter from Head of Educational Provision, Department of Education, North Lanarkshire Council, Municipal Buildings, Kildonan Street, Coatbridge, ML5 3BT received 14th June 2002. Letter from lan Murdoch, Education Department, North Lanarkshire Council, Municipal Buildings, Kildonan Street, Coatbridge received 17th June 2002. Letter from Councillor Glavin, PO Box 14, Civic Centre, Motherwell, MLI ITW received 9th July 2002. Letter from Cathie Craigie MSP, 6 Market Square, Kilsyth, G65 OAZ received 23rd July 2002. Letter from Robert Lindsay, 145 Cairngorm Gardens, Balloch, Cumbernauld received 13th August 2002. Letter from Mrs K Thomson & 86 Others, 81 Southfield Road, Balloch, Cumbernauld, G68 9DZ received 21st August 2002. Letter from Christine Palmer, 3 Glen Sannox Grove, Cumbernauld, G68 OGN received 26th August 2002. Letter from E. Barclay, 22 Cawder Road, Cumbernauld, G68 OBF received 26th August 2002. Letter from Helen Angell, 33 Cairngorm Gardens, Eastfield, Cumbernauld, G68 9JB received 26th August 2002. Letter from D. Wallace, 49 Kierhill Road, Eastfield, Cumbernauld received 26th August 2002. Letter from Mrs Vesty, 1 Glen Sannox Wynd, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Mrs L Stewart, 36 Glen Lochay Gardens, Craigmarloch, Cumbernauld received 26th August 2002. Letter from R. Gammie, 25 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from Christine Baird, 101 Binniehill Road, Balloch, Cumbernauld received 26th August 2002. Letter from Mr G. Campbell, 15 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from Corinne Rowbotham, 24 Kierhill Road, Balloch, Cum bernauld received 26th August 2002. Letter from Mrs M Pollock, 30 Kierhill Road, Balloch, Cumbernauld received 26th August 2002. Letter from K Sneddon, 9 Glen Orchy Drive, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Elizabeth & Martin Cook, For Charlene Cook, 9 Grampian Way, Cumbernauld received 26th

24 August 2002. Letter from Mr & Mrs A Nicholls, 16 Cowan Road, Balloch, Cumbernauld received 26th August 2002. Letter from K Blincow, 97 Glen Moriston Road, Cumbernauld received 26th August 2002. Letter from Joanne Simpson, 49 Southfield Road, Balloch received 26th August 2002. Letter from Caroline & James Smith, 22 Glen Lochay Gardens, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Lesley Goldie, 24 Whitestone Avenue, Balloch, Cumbernauld received 26th August 2002. Letter from Carol Nevin, 30 Caimtoul Court, Cumbernauld received 26th August 2002. Letter from Mr & Mrs Henderson, 50 Glen Douglas Drive, Craigmarloch, Cumbernauld received 26th August 2002. Letter from S Flockhart, 21 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from S McCallum, 42 Binniehill Road, Cumbernauld, G68 9JJ received 26th August 2002. Letter from Catherine Fleming, 51 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from Louise Carroll, 9 Glen Sannox View, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Mrs S Tough, 57 Ben Venue Road, Eastfield, Cumbernauld received 26th August 2002. Letter from Geoff Todd, 38 Kierhill Road, Cumbernauld received 26th August 2002. Letter from Mr Tony Speed, 9 Blairdenon Drive, Cumbernauld received 26th August 2002. Letter from Mr & Mrs J Sharples, 221 Cairngorm Gardens, Eastfield, Cumbernauld received 26th August 2002. Letter from Gerry Divers, 43 Letham Grange, received 26th August 2002. Letter from W Lumsden, 52 Logan Drive, Cumbernauld received 26th August 2002. Letter from M.R. Hobden, 7 Masonfield Avenue, Cumbernauld received 26th August 2002. Letter from K. McDonald, 2 Ben Nevis Way, Eastfield, received 26th August 2002. Letter from Mrs L Lester, 5 Darley Road, Carrickstone received 26th August 2002. Letter from Mary Pirret, 2 Callander Court, Cumbernauld received 26th August 2002. Letter from Elaine Davidson, 15 Whitemill Avenue, Blackwood received 26th August 2002. Letter from Mr R Barclay, 67 Colliertree Road, Airdrie received 26th August 2002. Letter from John Honeyman, 117 Cairngorm Gardens, Eastfield received 26th August 2002. Letter from Mrs K Lockhart, 3 Kierhill Road, Balloch, Cumbernauld received 26th August 2002. Letter from lrene McGuigan, 19A Woodburn Way, Balloch, Cumbernauld received 26th August 2002. Letter from Elaine Turner, 7 D Campbell House, Barryhill Road, , Cumbernauld received 26th August 2002. Letter from J Sutherland, 7 4 Glen Rosa Gardens, Cumbernauld received 26th August 2002. Letter from Laura Falconer, 9 Glen Orchy Place, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Tracy & Steve Land, 11 Littlemill Avenue, Blackwood, Cumbernauld received 26th August 2002. Letter from H. Moore, 13 Largdaly Avenue, Balloch, Cumbernauld received 26th August 2002. Letter from Mr & Mrs P Thomson, 43 Glen Rosa Gardens, Cumbernauld received 26th August 2002. Letter from Mrs L Rimmer, 39 Woodburn Way, Cumbernauld received 26th August 2002. Letter from Mrs K Kane, 99 Binniehill Road, Cumbernauld received 26th August 2002. Letter from lrene Clark, 6 Whitestone Avenue, Balloch received 26th August 2002. Letter from Elaine M Watson, 39 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from F Kelly, 8 Glen Orchy Place, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Stephen Wallace, 6 Masonfield Avenue, Cumbernauld, G68 9DW received 26th August 2002. Letter from G. MacDonald, 76 Glen Rosa Gardens, Craigmarloch, Cumbernauld received 26th August 2002. Letter from J & E Ferguson, 46 Graneneuk Gardens, Cumbernauld received 26th August 2002. Letter from Mary Houston, 2 Ben Venue Road, Cumbernauld received 26th August 2002. Letter from C. Murray, 39 Gartshore Gardens, Cumbernauld, G68 9NH received 26th August 2002. Letter from Jane Stewart, 52 Southfield Road, Eastfield, Cumbernauld received 26th August 2002. Letter from Jacqueline Rae, 50 Grangeneuk Gardens, Cumbernauld received 26th August 2002. Letter from Kay Robertson, 28 Glen Moriston Road, Craigmarloch, Cumbernauld received 26th August 2002.

25 2002. Letter from Mrs M Doyle, 1 Woodburn Way, Cumbernauld received 26th August 2002. Letter from Julie Conway, 10 Glen Orchy Drive, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Mrs Lesley Moss, 33 Masonfield Avenue, Balloch, Cumbernauld received 26th August 2002. Letter from Graham Walsh, 127 Binniehill Road, Cumbernauld received 26th August 2002. Letter from Sharon Motherwell, 41 8 Hayson Road, Carrickgrove, Cumbernauld received 26th August 2002. Letter from Elaine & Duncan Harvey, 70 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from John Welsh, 89 Binnihill Road, Balloch, Cumbernauld received 26th August 2002. Letter from Hazel Flockhart, 14 Kierhill Road, Balloch, Cumbernauld received 26th August 2002. Letter from Suzanne Crocket, 35 Wellesley Crescent, Blackwood, Cumbernauld received 26th August 2002. Letter from Elizabeth Coleman, 121 Ben Venue Road, Eastfield, Cumbernauld, G68 9JE received 26th August 2002. Letter from Mrs L Keirnan, 8 Gartcarron Hill, Balloch received 26th August 2002. Letter from A. MacDonald, 156 Cairntoul Court, Cumbernauld received 26th August 2002. Letter from Jacqueline Ferguson, 14 Glen Orchy Place, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Gillian Friel, 138 Cairntoul Court, Eastfield received 26th August 2002. Letter from Mr & Mrs Farrell, 31 Langdales Avenue, Balloch, Cumbernauld received 26th August 2002. Letter from David Gray, 16 Nairn Way, Cum bernauld received 26th August 2002. Letter from C. MacLellan, 219 Binniehill Road, Cumbernauld received 26th August 2002. Letter from Alison Smith, 28 Glen Rosa Gardens, Craigmarloch, Cum bernauld received 26th August 2002. Letter from Mr & Mrs J Cool, 13 Cawder Road, Cumbernauld received 26th August 2002. Letter from Mrs L Cowan, 36 Glen Rosa Gardens, Craigmarloch, Cumbernauld received 26th August 2002. Letter from L. Maguire, 80 Southfield Road, Cumbernauld received 26th August 2002. Letter from Mrs Carolanne Brown, 24 Ben Venue Road, Cumbernauld received 26th August 2002. Letter from C.L. McLeod, 2 Glen Lochay Gardens, Craigmarloch, Cumbernauld received26th August 2002. Letter from Lorraine Dunko, 12 Glen Orchy Place, Cumbernauld received 26th August 2002. Letter from R McCleneghen, 11 Glen Orchy Drive, Cumbernauld received 26th August 2002. Letter from Mrs K Law, 62 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from Shona Taylor, 149 Maclehose Road, Cumbernauld received 26th August 2002. Letter from Angela Smith, 8G Tarbolton Road, , Cumbernauld received 26th August 2002. Letter from Fiona Steel, 13 Binniehill Road, Cumbernauld received 26th August 2002. Letter from Christine Wallace, 14 Tordene Path, Cumbernauld received 26th August 2002. Letter from Lesley Bradley, 10 Tordene Path, Balloch, Cumbernauld, received 26th August 2002. Letter from Mrs J Conway, 70 Ben Venue Road, Eastfield, received 26th August 2002. Letter from Elisa Mayer, 2 Blairdenon Drive, Balloch, Cumbernauld received 26th August 2002. Letter from Mrs G Anderson, 55 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from M Millar, 161 Binniehill Road, Balloch, Cumbernauld received 26th August 2002. Letter from Ann Hislop, 90 Glen Douglas Drive, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Gillian Montgomery, 195 Binniehill Road, Balloch, Cumbernauld, G68 9JH received 26th August 2002. Letter from Julie Horn, 32 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from Mr & Mrs Johnston, 186 Cairntoul Court, Eastfield, Cumbernauld received 26th August 2002. Letter from G. Marshall, 160 Glen Sannox Drive, Cumbernauld received 26th August 2002. Letter from Mr & Mrs I Stewart, 101 Cairngorm Gardens, Eastfield received 26th August 2002. Letter from John Brown, 24 Glen Sannox Drive, Craigmarloch, Cumbernauld, G68 ODP received 26th August 2002.

26 Letter from Lindsay & Gregor Cowan, 3 Cairnoch Hill, Cumbernauld received 26th August 2002. Letter from Lesley Rooney, 7 Cawder Way, Carrickstone, Cumbernauld, G68 OBQ received 26th August 2002. Letter from David Wilson, 84 Gartcarron Hill, Balloch, Cumbernauld, G68 9BS received 26th August 2002. Letter from Carol & Colin Turnbull, 60 Binniehill Road, Cumbernauld received 26th August 2002. Letter from A. Hadnum, 5 Dungoil Avenue, Cumbernauld received 26th August 2002. Letter from Susan O’Neill, 54 Gartcarron Hill, Balloch, Cumbernauld received 26th August 2002. Letter from C. Quarrel, 62 Grangeneuk Gardens, Balloch, Cumbernauld received 29th June 2002. Letter from Mrs G Fitzpatrick, 27 Gartshore Gardens, Blackwood received 26th August 2002. Letter from Lorna Gall, 11 Ben Ledi Crescent, Cumbernauld received 26th August 2002. Letter from Joanne Binnie, 7 Glen Orchy Place, Craigmarloch Cum bernauld received 26th August 2002. Letter from Audrey Hammond, 15 Cairntoul Court, Cumbernauld received 26th August 2002. Letter from Mrs M Reid, 14 Greenbank Road, Balloch, Cumbernauld received 26th August 2002. Letter from M. Peattie, 82 Ranfurly Drive, Carrickstone, Cumbernauld received 26th August 2002. Letter from Megan Eadie, 91 Glen Moriston Road, Craigmarloch received 26th August 2002. Letter from Aileen MacKay, 23 Southfield Road, Balloch, Cumbernauld received 26th August 2002. Letter from M. Shields, 37 Grangeneuk Gardens, Balloch, Cumbernauld, G68 9BA received 26th August 2002. Letter from Linda Maginess, 32 Masonfield Avenue, Balloch, Cum bernauld received 26th August 2002. Letter from Lin & David Morne, 49 Baldorran Crescent, Balloch, Cumbernauld received 26th August 2002. Letter from Mrs S Watson, 56 Baldorran Crescent, Balloch, Cumbernauld received 26th August 2002. Letter from Lynne Russell, 70 Ranfurly Drive, Carrickstone, Cumbernauld received 26th August 2002. Letter from Mr & Mrs R Watson, 41 Meadow View, Cumbernauld received 26th August 2002. Letter from Jane MacFarlane, 283 Cairngorm Gardens, Eastfield, Cumbernauld received 26th August 2002. Letter from A. Ferguson, 174 Cairntoul Court, Eastfield, Cumbernauld received 26th August 2002. Letter from Douglas Neil, 12 Cairngorm Gardens, Balloch, Eastfield, G68 9JD received 26th August 2002. Letter from Aileen Holvey, 11 Glen Sannox Way, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Mrs Anita Burns, 22 Ben Ledi Crescent, Cumbernauld, G68 9NG received 26th August 2002. Letter from Karen Brown, 62 Glen Rosa Gardens, Craigmarloch, Cumbernauld received 26th August 2002. Letter from Nicola Colquhoun, 2 Grampian Way, Eastfield, Cumbernauld received 26th August 2002. Letter from Maureen Doolin, 58 Gartcarron Hill, Cumbernauld received 26th August 2002.

Any person wishing to inspect these documents should contact Mark Thomson at 01236 616466.

27 APPLICATION NUMBER: N/02/00659/FUL

REPORT

1. DESCRIPTION OF SITE AND PROPOSAL

1.I This application is for the erection of a 11.8 metre high telecommunications monopole with associated equipment at a site to the north of the Ben Lawers Drive, Balloch, Cumbernauld.

1.2 The site is located on a paved area within the car park to the north of the shops in Ben Lawers Drive. The monopole is within 30 metres of the adjacent Forge Community rooms and within 20 metres of the shop, chip shop and library. The nearest dwelling is over 60 metres away in Ben Lui Place. Eastfield Primary School is over 150 metres away.

2. DEVELOPMENT PLAN

2.1 The adopted Local Plan for the area within which this site is located is the Cumbernauld Local Plan 1993. The application site is located within the area covered by residential policies. No specific reference to telecommunications development is made.

2.2 Recent Scottish Executive guidelines on telecommunications seeks to Fnable the telecommunications industry to expand so that Scotland is served by the best infrastructure. The expansion must, however, be undertaken in a manner that keeps the environmental impact to a minimum. It goes on to say that Planning Authorities should not question whether the service to be provided is needed nor seek to prevent competition between operators, but must determine applications on planning grounds.

3. REPRESENTATIONS AND CONSULTATIONS

3.1 138 letters of representation have been received; one from Provost McCulloch, one from Councilor Glavin, one from Balloch and Eastfield Community Council, one from Eastfield Primary School Board and two from North Lanarkshire Council’s Education Department. Two petitions have been received, one with 22 signatures and one with 105 signatures. The main points of objection can be summarised as follows:

0 That the effects on adults and children living and working in the area are unknown; 0 That local residents, elected representatives and users of the local facilities have not been given an opportunity to discuss with Orange their plans; 0 That more suitable alternative sites have not been satisfactorily investigated; That the monopole is located within close proximity of Eastfield Primary School 0 The location of telecommunications equipment within the vicinity of Eastfield Primary School may deter parents from sending their children there; 0 The monopole is located too close to the Spinning Tops Nursery and the Early Years Provision which makes use of the Forge Community Centre; The monopole is located within a few metres of the shops and library in Ben Lawers Drive

3.1 My Transportation Section has no objections.

3.2 The Community Services Department has observed that the monopole is located very near the local community centre which caters for a number of children’s groups.

4. PLANNING ASSESSMENT AND CONCLUSIONS

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

28 4.2 The Local Plan policy was drafted under the guidance of the old Circular and before telecommunications in urban areas became more common place. The Scottish Executive updated their policies on telecommunications development in Circular 5/2001, NPPG 19 and PAN 62. It is within the context of this guidance that Planning Authorities must determine applications for telecommunications developments.

4.3 Representations have been received from members of the public, local councillors and the local MSP relating to legitimate public concerns about the siting of this proposed monopole.

4.4 In this instance, the applicant has indeed provided supporting evidence that other sites were considered and the reasons why they were not pursued. However, it appears that it is too easy for operators to use such a method for the justification of what is in essence an improper location for telecommunications equipment. By choosing this site the operators have generated significant levels of local opposition and apprehension and it cannot be argued that they have made a reasonable effort to select a site which minimises public concern.

4.5 The applicant carried out an extensive process of pre-application discussion with local community groups, the local councillor and the Eastfield Primary School Board. All these groups expressed their reservation about the proposed location and asked the applicant to consider other less sensitive locations. It appears that, despite the concerns raised by their own pre-application consultation process, the applicant has decided to pursue this site.

4.6 That the applicant is stating by default that this is the only option available, to them does not mean that the Planning Authority should overlook its bad siting and grant consent.

4.7 The monopole is located in close proximity to local community facilities. It is within 30 metres of the adjacent Forge Community rooms and within 20 metres of the shop, chip shop and library. The nearest dwelling is approximately 60 metres away in Ben Lui Place. Eastfield Primary School is approximately 150 metres away. The community rooms are currently being used daily by a number of children’s groups including a mothers and toddlers club, a nursery and an after school club.

4.8 With respect to matters relating to the potential health impacts of telecommunications masts, it is the responsibility of the Scottish Executive and the UK Government to decide what measures are required to protect public health and local authorities have been instructed not to have regard to concerns about the possible health effects of these structures. To demonstrate to the Council that the known health effects have been properly addressed, the applicant has submitted a statement that the mast will meet the ICNIRP (International Commission on Non- Ionising Radiation Protection) guidelines for public exposure to electromagnetic fields.

4.9 Despite this assurance, the Executive has clearly stated in its response to the IEGMP (Independent Expert Group on Mobile Phones) that it accepts the group’s recommendation that a precautionary approach should be displayed with respect to the siting of telecommunications equipment near schools. As these community facilities are used on a daily basis by the children’s groups mentioned above it seems fair and reasonable that the same precautionary approach being displayed by the operators with respect to primary schools be extended to other facilities where children’s groups meet on a regular basis.

4.1 0 It is considered that the operators have not made a reasonable effort to select a site which minimises public concern and have consequently generated a high level of public anxiety against their proposal.

4.1 1 It is in order for planning authorities to take into account public perception of danger as a material consideration. In this instance, large numbers of the local community have expressed their concerns about this application. It is therefore recommended that permission be refused.

29 Application No: N1021006741FUL

Date Registered: 23rd May 2002

Applicant: David Kerr Helenslea Castlecary Road Castlecary Cumbernauld G68 OHQ

Agent William Dempsey 1E Clouden Road Cum bernauld G67 2JG

Development: Construction of Garage with Two Upper Floor Rooms

Location: Helenslea Castlecary Road Castlecary Cumbernauld G68 OHQ

Ward: 57: , Carrickstone And

Grid Reference: 278664.678068.

File Reference: N/02/00674/F UL

Site History: N/98/00398/FUL 5th June 1998 Permission granted for Conversion of Garage to Living Accommodation and Development of Cottage Roofspace to give Bedroom Accommodation

Development Plan: The site is covered by HG4 - residential and EN4 - Scheduled Ancient Monuments within the Cumbernauld Local Plan 1993.

Contrary to Development Plan: No

Consultations: Historic Scotland (No Objection) West Of Scotland Archaeology Service (Comments)

Representations: 1 Representation Letter

Newspaper Advertisement: Not Required

Comments:

The applicant is seeking planning permission for the construction of a garage with two upper floor rooms at Helenslea, Castlecary Road, Cumbernauld. Following neighbour notification one letter of objection has been received, details of which are contained in the attached report. Despite the concerns of the objector, I recommend that planning permission be granted subject to conditions.

30

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 the use of the garage hereby permitted 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: To protect the residential amenity of the area.

3. That the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Planning Authority, during development work. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. Terms of Reference for the watching brief will be supplied by the West of Scotland Archaeology Service. The name of the archaeological organisation retained by the developer shall be given to the Planning Authority and to the West of Scotland Archaeology Service in writing not l'ess than 14 days before development com m ences.

Reason: in the interests of local archaeology as the site was a Roman Temporary Camp.

Background Papers:

Application form and plans received 23rd May 2002 Consultation response from Traffic and Transportation Team leader received 22nd June 2002 Letter from Historic Scotland received 21 st August 2002 Letter from West Of Scotland Archaeology Service received 21 st August 2002 Letter from the Occupier,28 Castle Court, Castlecray, Cumbernauld, G68 OJL received 28th May 2002.

Any person wishing to inspect these documents should contact Marlaine Lavery at 01236 616464.

32 APPLICATION NO. N1021006741FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought for the construction of a garage with two upper floor rooms. The site is to the rear of a detached dwellinghouse and is located within an established residential area. Similar houses bound the site to the west and east. The Castlecary Hotel is to the north of the site and the A80 to the south.

1.2 The proposed garage will provide parking for three cars, with a hobby room and study on the first floor. The garage will measure 15 metres x 10 metres with a height of 8 metres. The existing garden is substantial and there is an adequate driveway.

2. Development Plan

2.1 In terms of the Cumbernauld Local Plan 1993 the site is covered by a general residential policy HG4. The site is also designated EN4 - Scheduled Area and Area in the care of the Secretary of State. Under this policy there is a presumption against development which could adversely affect or threaten a scheduled ancient monument or its setting. Where permission is granted, affecting the setting of scheduled ancient monuments, it will normally be restricted by conditions or be subject to a legal agreement providing for the protection and preservation in situ of the archaeological remains.

3. Consultations and Representations

3.1 One letter of representation has been received from the occupier of 28 Castle Court, Cumbernauld. The main points of objection can be summarised as follows:

0 that the driveway is very long and narrow resulting in poor access to the development; 0 that emergency vehicles would have difficulty gaining access; 0 that the land could be sold and a dispute would arise regarding access to the property; 0 that a mound of earth has been formed on the shared boundary between Helenslea and 28 Castle Court.

3.2 My Transportation Section has no objections.

3.3 Historic Scotland have no objections to the proposal.

3.4 West of Scotland Archaeology has commented that the site is within an area of a Roman Temporary Camp and it is likely that the proposal will disturb remains of archaeological interest. It is recommended that a condition is attached if the application is approved.

4. Planning Assessment and Conclusions

4.1 The application should be assessed in terms of the development plan unless material considerations indicate otherwise. The proposal is in accordance with local plan policy.

4.2 The site is within the Antonine Wall consultation zone. Developments within the vicinity of this historic monument must be notified to Historic Scotland, the agency responsible for its care. Historic Scotland has no objections to the proposal, stating that this particular area was

33 descheduled in 1999 and is no longer protected under the Ancient Monuments and Archaeological Areas Act 1979.

4.3 However, the development is located within the area of the Roman Temporary Camp at Castlecary. The proposed development is for a large building which will consequently have large strip foundations. Previous archaeological work in the area has established that archaeological deposits associated with the temporary camp still exist. Given the scale of the proposed development in an area not previously developed, it is likely that the proposal will disturb remains of archaeological interest. It is therefore recommended by West of Scotland Archaeology that the developer should secure the implementation of an archaeological watching brief.

4.4 With regard to concerns over the driveway and access to the garage, the driveway is already established and is acceptable in terms of width and length. My Transportation Section has considered this fully and they have no objections to the access.

4.5 In terms of the site being sold, disputes occurring over the access and the mound of earth, these concerns are not considered material in determining this application.

4.6 The design of the garage is unusual in that it is large and has the superficial appearance of a dwellinghouse. The applicant has been informed that planning permission for a house at that location would not be acceptable and this was unlikely to change in the future. The applicant confirmed in writing that it was a domestic garage.

4.7 Having considered the impact of the proposed garage, I am of the opinion that a large garage is acceptable in this location and will not adversely affect the area to an extent which would justify refusing planning permission. I therefore recommend that planning permission be granted.

34 Application No: N/02/00675/FU L

Date Registered: 23rd May 2002

Applicant: Mrs Helen Sutherland 12 Old Gartloch Road Gartcosh, G69 8EU

Development: Change of Use of Yard to Vehicle Sales (In Retrospect)

Location: 12 Old Gartloch Road, Gartcosh

Ward: 68: Moodiesburn West And Gartcosh

Grid Reference: 269829 668081.

File Reference: N/02/00675/FUL

Site History:

Development Plan: The property is covered by residential policies in the Strathkelvin (Southern Area) Local Plan 1983 and the Northern Corridor Finalised Draft Local Plan 2000.

Contrary to Development Plan: Yes

Consultations :

Representations: 3 Representation Letters

Newspaper Advertisement: Advertised on 7'h August 2002

Comments:

The application is in retrospect for the change of use of the rear yard of the dwelling at 12 Old Gartloch Road, Gartcosh to vehicle sales. The business has been operating for approximately three years. The site is well screened by mature vegetation and is not visible from surrounding roads or residential properties. Access is via a private road which only serves the application premises.

Objections relating to nuisance and road safety have been received from a neighbour and from Gartcosh Community Council.

Notwithstanding the objections, it is considered that the vehicle sales operation is currently being run in a discrete, low key and reasonable manner. It is however recognised that vehicle sales operations in residential areas can severely reduce residential amenity through noise, activity and overtly commercial paraphenalia such as signage. Road safety can also be adversely affected.

On balance it is considered that a temporary personal permission is appropriate in recognition of the acceptable current operation of the business, and this is my recommendation.

Note that Cllr Shaw has requested a site visit and hearing prior to the Committee's determination of this planning application.

35 Gartcosh r-

\ \

\ \

\

30 Recommendation: Grant Subject to the Following Conditions:-

1, That the permission hereby granted is a personal permission rather than relating to the land and shall enure solely for the benefit of the applicant, Mrs H Sutherland.

Reason: To reflect the acceptable existing operation of the business, but the concern that other operating methods may cause unacceptable loss of residential amenity and may compromise road safety.

2. That the permission hereby granted is for a temporary period only and shall expire on 31st December 2005; thereafter (unless a further planning permission is granted) the business shall cease, vehicles for sale shall be removed and the site shall be returned to solely residential use.

Reason: To reflect the acceptable existing operation of the business, but the concern that future operating methods may cause unacceptable loss of residential amenity and may compromise road safety.

3. That commercial operations shall only take place on the site between the hours of 8.00 a.m to 8.00 p.m Mondays to Saturdays and 9.00 a.m to 6.00 p.m on Sundays.

Reason: In the interest of residential amenity by ensuring that commercial operations do not take place at night, in the early morning or in the late evening.

4. That the commercial operation shall be restricted as follows; - sale vehicles shall be solely small vans up to 35cwt carrying capacity (Transit type), - there shall be a maximum of 15 vehicles for sale at any one time, - vehicles for sale shall be displayed solely in the rear yard as shown on the approved plan, - no mechanical repairs or servicing shall take place on site; the above restrictions are notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and the Town and Country Planning (General Permitted Development) (Scotland) Order 1992.

Reason: In the interests of residential amenity by ensuring that future operations maintain current restrictions.

5. That customer parking shall be in front of the dwelling as shown on the approved plan, shall be clearly designated, and shall, thereafter, be maintained as parking and manoeuvring area.

Reason: In the interests of residential amenity and road safety.

6. That no fascia signs, adverts or projecting signs shall be erected on the premises; this is notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984

Reason: In the interests of residential amenity by ensuring that there is no inappropriate and obtrusive commercial signage.

37 7. That the existing screen planting around the rear yard shall be retained.

Reason: In the interests of residential amenity by ensuring that the sales area remains screened from general view.

8. That within 2 months of the grant of this permission the first 10m of the access road shall be widened in accordance with a scheme to be submitted to and approved (with any amendments as may be required) by the Planning Authority.

Reason: In the interests of road safety by ensuring that vehicles can pass on the access road.

Backg ro u nd Papers :

Application form and plans received 23rd May 2002

Consultation response from Traffic and Transportation Team Leader received 24th July 2002

Letter from Mr And Mrs G Love,C/o Allan Findlay & CO, 2 Annfield Place, Duke Street, Glasgow, G31 2XQ received 14th June 2002. Letter from Mr G Love,lO Old Gartloch Road, Gartcosh, Glasgow, G69 8EU received 8th July 2002. Letter from Gartcosh Community Council,C/o Mr B Johnston, Griffin Lodge, Gartcosh, G69 8AY received 3rd July 2002.

Any person wishing to inspect these documents should contact Mr. Dean at 01236 616459.

38 APPLICATION NO. N/02/00675/FUL

REPORT

I. Description of Site and Proposal

1.I The application is in retrospect for a change of use from rear garden yard to vehicle sales at 12 Old Gartloch Road, Gartcosh. The business has been in operation for approximately three years, and came to my attention when the applicant applied to the Council for a second hand dealer’s licence. The General Purposes (Licensing) Sub-Committee have granted a licence, subject to planning permission being obtained.

1.2 Vehicle sales take place in a triangular yard approximately 350 square metres in size located directly to the rear of the house. The site is bounded by high trees which screen the site such that it is not visible from any adjacent dwelling (other than the applicant’s) or from public roads.

1.3 The site, as currently operated, contains up to 15 small vans which are parked on the graded red gravelled yard. A small portakabin to the rear of the house is used for business purposes. A visitor parking area has been formed in front of the dwelling.

2. Development Plan

2.1 The application site is covered by the following policies in the Strathkelvin (Southern Area) Local Plan 1983

’ E.PRO6: Areas unaffected by specific proposals: within residential areas no development of any significance will be acceptable other than general remedial works and small scale alterations and improvements consistent with existing pattern of land uses and building types. ’ E.PR07: Development control in residential areas: the operation of commercial enterprises from residential properties will be opposed.

2.2 Under the terms of the Northern Corridor (Finalised Draft) Local Plan 2000 the site is covered by the following policy

- HG3: Retention of residential amenity: the Council will seek to protect the established character of existing and new housing areas by opposing development which is incompatible with the residential setting or adversely affects the amenity of established housing areas.

3. Consultations and Representations

3.1 My Transportation Section has raised concerns over minor short comings in the access sight lines on to Old Gartloch Road and the narrowness of the private road running to the application site.

3.2 Points of support made by the applicant are as follows:- . There have been vehicle sales at the site for 3 years with an increased level of sales for the past year. . There have been no objections made to the applicant or to North Lanarkshire Council within the previous period of operation. . The site is well screened and is not visible from any dwelling or public vantage point.

39 Only small vans (maximum 'Transit' size) are sold and the site can only take up to 15 vehicles. The site is detached from any residential area. There are no workshop facilities on site. There is no signage on the premises and none is proposed. The site has a private access road and private parking. There is nearby commercial activity in Old Gartloch Road. Customers are advised to enter the site via Old Gartloch Road rather than travelling through Gartcosh Village. m Gartcosh has always been a working village. The business is required by the applicant in order to allow her to continue staying at the dwelling.

3.3 Two letters of objection have been received from a nearby resident and a letter of objection has been submitted by Gartcosh Community Council. Points of objection are as follows:-

0 The proposal is contrary to the Local Plan Residential Zoning for the area, 0 The proposal adversely affects local amenity, 0 Local residents are affected by noise from increased vehicle movements and from trading associated with the business, 0 There is activity all week including weekends, 0 There is inadequate parking which leads to occasional pa;king on a neighbouring lane and blocking of access and views, 0 Nuisance is caused to local residents through customers having to ask for directions to the premises, 0 There are road safety concerns over increased vehicular traffic in Gartcosh as a whole and in Old Gartloch Road in particular, 0 The site is close to Gartcosh Primary School and to a bus stop used by secondary school pupils, 0 The submitted plan does not show the two nearest dwellings.

3.4 Councillor Joseph Shaw has requested that there be a site visit and hearing prior to the Committee coming to a decision.

4. Planninn Assessment and Conclusions

4.1 The proposed vehicle sales operation is contrary to the development plan in that it is a significant business being operated from a residential property in a residential area.

4.2 It is considered that the main issue is whether the existing or potential loss of residential amenity is so serious as to warrant a refusal of planning permission.

4.3 The business, as it is currently run, operates in a relatively discrete and low key manner which has little significant impact on local residents. Matters objected to relating to occasional inappropriate parking, noise and direction-seeking are not considered to cause substantial loss of residential amenity. My Transportation Manager does not support the road safety issues raised by objectors. He has, however, raised separate concerns over the sight lines being slightly less than is appropriate for a commercial enterprise and the private access lane not being wide enough for vehicles to pass. With respect to the latter point, it is noted that there is the potential for some access widening close to the junction. While noting the points of objection, it is not, however, considered that any existing amenity and road safety shortcomings are significant enough in themselves to warrant in a recommendation that planning permission be refused.

40 4.4 It is known, however, from experience that vehicle sales outlets in residential areas can severely reduce residential amenity through noise, activity and overtly commercial paraphernalia such as signage and sales vehicles being kept on the street. Road safety can also be adversely affected. It is considered, however, that the concern about potential future loss of residential amenity can be addressed through the imposition of a temporary personal permission. This, along with the imposition of conditions restricting activities, should ensure that the vehicle sales business continues to operate in a relatively discrete manner. A temporary permission will allow the matter to be reviewed after three years.

4.5 The vehicle sales use has been assessed against the proposed residential development on the adjacent field to the south and the steading of Gartcosh Farm on the south side of Old Gartloch Road (see location plan). A planning application is currently under consideration in respect of this. There should be no undue nuisance to prospective residents as the sales area is screened, and improvements are proposed to the current access to 12 Old Gartloch Road as part of the residential development proposal.

4.6 Having given this careful consideration to this planning application, it is recommended that a temporary personal permission be granted for the use of the rear yard of the house at 12 Old Gartloch Road, Gartcosh, for vehicle sales, notwithstanding the concerns raised by the Community Council and a neighbouring resident.

41 Application No: N/02/00684/FUL

Date Registered: 30th May 2002

Applicant: Rock Res Limited 131 Craighall Road Port Dundas Glasgow, G4 9TN

Agent RMJM Scotland Limited Drummond House 1 Mill Street Glasgow, G3 6RN

Development: Residential Development (62 Units)

Location: Site South Of Village Hall, Lochend Road, Gartcosh

Ward: 68: Moodiesburn West And Gartcosh

Grid Reference: 269848667939

File Reference: N/02/00684/FUL

Site History: The site is being sold by NLC to Rock Res Limited following a marketing exercise.

Development Plan: The site is covered by a new residential development policy in the Strathkelvin (Southern Area) Local Plan 1983 and by a housing opportunity policy in the Northern Corridor Finalised Draft Local Plan 2000.

Contrary to Development Plan: No

Consultations: NLC Education (No Objection) The Coal Authority (No Objection) SEPA (No Objection)

Representations: 4 Representation Letters

Newspaper Advertisement: Not Required

Comments:

The application is for the construction of 62 dwelling units (4 detached, 4 semi-detached, 24 terraced and 30 flats) on a one hectare site at Lochend Road, Gartcosh.

The two x four-storey blocks of flats are the most controversial aspect of the proposed development, with it being recognised that they are significantly different from the main types of buildings within the village. It is considered, however, that the high quality design renders them acceptable in this particular case.

Three letters of objection have been received from neighbours and observations have been received from Gartcosh Community Council.

42

It is my opinion that this is an interesting and innovative form of development which maximises the residential potential of the site. Notwithstanding the objections received, it is recommended that planning permission be granted.

Note that there has been a request from one of the objectors for a site visit and hearing prior to the Committee determining this planning application.

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 ground levels shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To ensure that ground levels are appropriate for the site and the general area.

3. That before the development hereby permitted starts, full details 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 ensure that external materials are appropriate for the site and the general area.

4. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To ensure that boundary walls and fences are appropriate for the site and the general area.

5. That before the development hereby permitted starts full details of the design and location of all bin stores 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 ensure that the bin stores are appropriate for the site and the general area.

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) 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.

44 Reason: To ensure that the landscape is appropriate for the site and the general area,

7. That in accordance with the landscape phasing approved under condition 6 above or within one year of the occupation of the last dwellinghouse within the application site, whichever is the earlier, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting approved under condition 6 above shall be completed and any trees, shrubs or areas of grass which die, are removed, damaged or become diseased shall be replaced within the following year with others of a similar size and species or such other scheme as is to the satisfaction of the Planning Authority.

Reason: In the interests of the landscape setting of the site.

8. That the approved residential development shall not commence until a scheme for the provision of an equipped play area has been submitted to and approved in writing by the Planning Authority, including any modification 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.

9. That the last 10 dwellings shall not be occupied until all the works required for the provision of the equipped play area included in the scheme approved under condition 8 above has been completed, or play area completion shall take place within the phasing approved under condition 8 above, whichever is the earlier.

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

10. That residential development shall not commence until a management and maintenance scheme is submitted to, and approved in writing by the Planning Authority, including any modifications as my be required, and it shall include proposals for the continuing care, maintenance and protection of:-

a) the proposed parking areas; b) the proposed play area; c) the proposed grassed, planted and landscaped areas; d) the proposed fences to be erected along the boundaries;

Reason: To ensure effective future maintenance.

11. That the management and maintenance scheme approved under condition 10 above shall be implemented concurrently with the timing and phasing of landscaping works approved under condition 6 above and in the case of parking areas, play areas and fences shall be implemented prior to their formation.

Reason: To ensure effective future maintenance.

45 12. That all accesses, roads and parking areas shall be to the satisfaction of North Lanarkshire Council as Planning and Roads Authority.

Reason: To ensure satisfactory and safe vehicular and pedestrian provision.

13. That before the approved residential development starts, an amended plan illustrating the finishing and profiling of the parking spaces shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of road safety and to ensure proper parking provision.

14. That no dwellinghouse shall be occupied until the access roads and footways leading from the existing public road to that dwellinghouse have been constructed to base course level.

Reason: In the interests of traffic safety and to ensure satisfactory road circulation within the site.

15. That before the last dwellinghouse permitted is occupied all roads and footways within the site shall be completed to final wearing course.

Reason: In the interests of traffic safety and to ensure satisfactory road circulation within the site.

16. That notwithstanding the provisions to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, integral garages shall not be altered for use as habitable rooms without the 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 plots.

17. That drainage works shall be to the satisfaction of the Planning Authority, Scottish Water and the Scottish Environment Protection Agency and shall comply with appropriate good practice and design guidance in respect of Sustainable Urban Drainage Systems.

Reason: In the interests of amenity and public health in relation to drainage of dwellings.

18. That before the approved development starts a vibration report shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required; thereafter the approved recommendations of the vibration report and the separately submitted and approved noise report shall be incorporated, as appropriate, into the development.

Reason: To ensure that there are no unacceptable levels of vibration and noise in residential properties associated with the adjacent railway line.

19. That notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, a) no extensions shall be erected and b) no gates, walls, fences or other means of enclosure shall be erected between the front of the dwellinghouses and the adjoining road without the consent of the Planning Authority.

46 Reason: To reflect the proximity of dwellings and the need to ensure that shared driveways are kept free from obstruction.

Note To Committee

If the Committee are minded to grant planning permission consent should not be issued until such time as a Section 75 Agreement (under the Town and Country Planning (Scotland) Act 1997) is concluded such that there is a f10,000contribution (or equivalent works) by the developers towards traffic calming on Lochend Road, Gartcosh.

Background Papers:

Application form and plans received 30th May 2002

Memo from Traffic and Transportation Team Leader received 22nd July 2002 Memo from Director Of Education received 5th July 2002 Letter from The Coal Authorif! received 13th June 2002 Letter from SEPA received 1 July 2002

Letter from Mr & Mrs John Lowe, 38 Lochend Road, Gartcosh, G69 8AB received 13th June 2002. Letter from Mr & Mrs A Walker, Margaretville Cottage, Lochend Road, Gartcosh, Glasgow, G69 8AA received 14th June 2002. Letter from Mr & Mrs C O'Donnell, Chasetville Cottage, Lochend Road, Gartcosh, Glasgow, G69 6aa received 17th June 2002. Letter from Gartcosh Community Council,C/o Mr B Johnston,, Griffin Lodge,, Gartcosh,, G69 8AY received 3rd July 2002.

Any person wishing to inspect these documents should contact Mr. Dean at 01236 616459.

47 APPLICATION NO. N/02/00684/FUL

REPORT

I. Description of Site and Proposal

1.I This application is for the construction of 4 detached, 4 semi-detached and 24 terraced houses and 30 flats (2 x 4 storey blocks) on a 1 hectare site at Lochend Road, Gartcosh. A play area is proposed within the site.

1.2 There are currently two 1% storey semi-detached houses which will remain within the proposed new development. The rest of site is currently overgrown.

1.3 Amendments have been negotiated to secure an improved design of the blocks of flats and to meet the requirements of my Transportation Section.

2. Development Plan

2.1 The application site is covered by the following policy in the Strathkelvin (Southern Area) Local Plan 1983 . PHI (4): Private housing developments will be supported by the District Council at Lochend Road, Gartcosh.

2.2 Under the terms of the Northern Corridor (Finalised Draft) Local Plan 2000 the site is covered by the following policy . HG1/18 Provision of housing opportunities 3. Consultations and Representations

3.1 Summaries of consultation responses are as follows. . Coal Authority: No adverse comments. . Scottish Environment Protection Agency: No objections. . Director of Education: No objections. The area to be developed is currently zoned to schools which have sufficient accommodation to cater for the estimated numbers of pupils that such a development may produce.

3.2 There are no objections from my Transportation Sectionto the revised layout.

3.3 Letters of objection have been submitted by three neighbours. Gartcosh Community Council have supported development on the site, but have made comments concerning the specific proposals.

3.4 Points of objection/comments are as follows :- . More dwellings (62 units) are proposed than are indicated (50) in the emerging Local Plan. . The development does not reflect the existing character of Gartcosh. . The flatted developments should be no higher than 2 storeys. . Specific potential problems relating to the two existing dwellings on the site are overshadowing by the adjacent flats and opposite housing; loss of privacy due to the adjacent flats and opposite housing; increased crime due to the adjacent car park; pollution due to the adjacent car park and new road; noise from the adjacent footpath; possible drainage problems due to the adjacent soakaway.

48 . The proposed development may be adversely affected by noise from the adjacent railway. . Parking and traffic movements on Lochend Road associated with the new development may reduce road safety and present an inconvenience to existing residents. The indicated turning facility on Lochend Road is below the appropriate standard and will adversely affect immediately opposite residents. . There is a need for traffic calming on Lochend Road. . The proposed development may cause local sewerage problems. 3.5 There has been a request from an objector for a site visit and hearing prior to the Committee coming to a decision.

4. Planning Assessment and Conclusions

4.1 The general principal of residential development is considered to be acceptable in this appropriately zoned site. The key issue is whether the form of development, and in particular the 2 x four storey blocks of flats, is acceptable.

4.2 The blocks of flats have been considered against the general character of the area and in relation to the direct effect they may have on the adjacent existing residents.

4.3 It is not considered that Gartcosh has an existing strong built-character although it is noted that there are no buildings higher than 2 storey. It is clear therefore that the 2 x four storey blocks of flats will be very different from other local buildings and may be considered to introduce an urban form of development which is at odds with a village setting. It is considered, however, that the amended design of the 2 blocks of flats is of a very high standard, being both modern, interesting and providing a relatively low profile for the buildings. The position of the blocks of flats at the corner of the site adjacent to road and railway embankments also helps to disguise the height of the buildings. In these circumstances it is considered that, on balance, the principal of the blocks of flats is acceptable.

4.4 It is recognised that the flats will be an unwelcome feature for the adjacent existing residents, in particular with regards to privacy and daylight. As a response to these concerns, the position of the nearest block of flats has been altered such that it is 18 metres from the boundary of the adjacent existing dwelling and 20 metres from the main part of the building. This exceeds the normal minimum distance for directly overlooking windows. It will also ensure that there is no significantly adverse effect on daylight at the adjacent dwelling. It is, however, recognised that the existing adjacent residents will be disadvantaged by a perceived loss of privacy and daylight. It is not considered that there is any disadvantage caused to the existing dwellings by the proposed row of two storey dwellings on the opposite side of the new access road.

4.5 The main part of the proposed development consists of 4 detached, 4 semi-detached and 24 terraced houses. Three of the terraces are designed to form a courtyard. A play area is proposed in the north east corner of the site. The development in full takes account of North Lanarkshire Council’s guidelines concerning garden sizes, open space and play areas. The development has the advantage of being relatively unusual and interesting.

4.6 With respect to points of objection not already covered I would make the following comments. . The emerging Local Plan reference to potential house numbers is not binding on what may be granted permission. . It is not considered that there will be any undue nuisance to existing or proposed proprietors from road or footpath layouts. There are no objections to the amended proposal from my Transportation Section

49 9 A noise survey has been submitted which indicates that with double glazing on the nearest block of flats there will be no noise nuisance to prospective residents from the adjacent railway. . Traffic calming is proposed by North Lanarkshire Council on the relevant section of Lochend Road. The developers have agreed to a f10,000 contribution to the scheme based on a Section 75 Legal Agreement under the terms of Town and Country Planning (Scotland) Act 1997. . The turning facility on Lochend Road has been designed by North Lanarkshire Council and is not part of the residential development proposal. . There is a potentially serious sewerage problem for new developments in Gartcosh. The applicants are aware of the problem and are negotiating a solution with Scottish Water. This should not be a hindrance to any grant of planning permission as the development will not be able to proceed without separate approval by Scottish Water.

4.7 Although North Lanarkshire Council has a financial interest in the site the application does not require to be notified to the Scottish Ministers as the proposal accords with the development plan and there have not been a significant number of objections.

4.8 Taking all relevant planning matters into account, it is my opinion that the proposed residential development at Lochend Road, Gartcosh is acceptable and it is recommended that planning permission be granted.

50 Application No: N/02/00753/FUL

Date Registered: 12th June 2002

Applicant: Orange Personal Communications Services Ltd Masterton Way Tannochside Park Uddingston G I asgow G71 5PT

Agent Drummonds Mount Melville House Mount Melville St Andrews KYI 6 8NT

Development: Erection of a 15 Metre High Telecommunications Monopole and Associated Equipment

Location: Site North West of Balloch Road, Balloch, Cumbernauld

Ward: 55: Balloch East And Ravenswood

Grid Reference: 274458 6751 70

File Reference: N/02/00753/F UL

Site History: None

Development Plan: Cumbernauld Local Plan 1993

Contrary to Development Plan: No

Consultations: NLC Community Services (No response)

Representations: 6 Representation Letters

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of a 15 metre high telecommunications monopole with associated equipment at a site adjacent to the north bus stop on Balloch Road, Cumbernauld.

The applicant has confirmed that the equipment will comply with the ICNIRP guidelines for public exposure to electromagnetic fields.

Six letters of objection have been received, including one from Cathie Craigie MSP, one from Councillors Glavin, Murray, and lrvine and one from Balloch & Eastfield Community Council. The proposal complies with Local Plan policies and, despite the objections, it is recommended that permission be granted.

51

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 final colour to be used on the telecommunication monopole and associated equipment to be erected on the site shall be submitted to, and approved in writing by the Planning Authority.

Reason: To enable the Planning Authority to consider this aspect in the interests of visual amenity of the site and surrounding area.

3. That before the development hereby permitted starts, a full method statement outlining the construction schedule and proposed future maintenance schedule for the construction of the monopole shall be submitted to, and approved in writing by the Planning Authority.

Reason: To ensure that disruption to road users during construction and maintenance of the monopole is minimal.

4. In the event that the equipment becomes redundant, it must be removed and the site re-instated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure re-instatement of the site to a satisfactory standard.

Background Papers:

Application form and plans received 12th June 2002

Memo from Traffic and Transportation Team Leader received 24th June 2002

Letter from Mr Ken Grant,l02 Grampian Way, Balloch, Cumbernauld, G68 9JZ received 24th June 2002. Letter from Councillor Elizabeth Irvine, PO Box 14, Civic Centre, Motherwell, MLI ITW received 26th June 2002. Letter from Ken Grant, BallochlEastfield Community Council, 102 Grampian Way, Balloch, Cumbernauld, G68 9JZ, received 5th July 2002. Letter from Councillor Glavin, PO Box 14, Civic Centre, Motherwell, MLI ITW received 9th July 2002. Letter from Balloch/Eastfield Community Council, Ken Grant (Secretary), 102 Grampian Way, Balloch, Cumbernauld, G68 9JZ received 24th June 2002. Letter from Cathie Craigie MSP,6 Market Square, Kilsyth, G65 OAZ received 22nd July 2002.

Any person wishing to inspect these documents should contact Mark Thomson at 01236 616466.

53 APPLICATION NO. N/02/00753/FUL

REPORT

1. DESCRIPTION OF SITE AND PROPOSAL

1.I This application is for the erection of a 15 metre high telecommunications monopole with associated equipment at a site adjacent to the north bus stop on Balloch Road, Cumbernauld.

1.2 The nearest house to the site is about 40 metres to the south within the new Maple Rise development by Bryant Homes. To the north of the site is a large area of open space.

2. DEVELOPMENT PLAN

2.1 The adopted Local Plan for the area within which this site is located is the Cumbernauld Local Plan 1993. The application site is located within the area covered by residential policies. No specific reference to telecommunications development is made.

2.2 The Local Plan also recognises that, in accordance with Circular 25/85, there will be a presumption in favour of development required in connection with telecommunications.

2.3 The proposal complies with recent Scottish Executive guidelines on telecommunicaiions, which are to enable the telecommunications industry to expand so that Scotland is served by the best infrastructure. The expansion must, however, be undertaken in a manner that keeps the environmental impact to a minimum. It goes on to say that Planning Authorities should not question whether the service to be provided is needed nor seek to prevent competition between operators, but must determine applications on planning grounds.

3. REPRESENTATIONS AND CONSULTATIONS

3.1 Six letters of objection have been received, including one from Cathie Craigie MSP, one from Councillors Glavin, Murray, and lrvine and one from Balloch & Eastfield Community Council. The main points of objection can be summarised as follows:

That more suitable alternative sites suggested have not been satisfactorily investigated; 0 That Orange have failed to take the views of the local community on board; 0 That Orange have failed to contact local community groups in advance of the planning application; 0 That the monopole is located within close proximity to residential properties, in particular Langhill Drive.

3.2 My Transportation Section recommends that the application be refused as construction and service vehicles will obstruct bus traffic within the lay-by which is not acceptable.

4. PLANNING ASSESSMENT AND CONCLUSIONS

4.1 Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

4.2 The Local Plan policy was drafted under the guidance of the old Circular and before telecommunications in urban areas became more common place. The Scottish Executive updated their policies on telecommunications development in Circular 5/2001, NPPG 19 and PAN 62. It is within the context of this guidance that Planning Authorities must determine applications for telecommunications developments.

54 4.3 Orange have been criticised for their lack of pre-application consultation with the local community. In their supporting statement it is clear that, in advance of the submission of this planning application, they have consulted widely with local councillors, the community council and the Local Authority. Orange's representatives met with the Community Council and Councillor Glavin on the 6'h February 2002 to discuss their proposals. At this meeting they were asked to investigate alternative sites.

4.4 The applicant has demonstrated that the other potential sites within the vicinity have been explored. These have been ruled out because of a variety of reasons including poorer coverage or because they would have been located on land owned by North Lanarkshire Council. This land is unsuitable as the Council has a moratorium on the use of its buildings or land for telecommunications equipment.

4.5 The applicant has argued that a site for its equipment is required in this vicinity. Recent advice from the Scottish Executive has indicated that Planning Authorities should not question whether the service to be provided is needed. The operator has indicated that this equipment is required in order to provide coverage within this area.

4.6 It is considered that the style of a monopole is not incompatible with the other types of street furniture located within the area.

4 .7 Several of the objections have highlighted the fact that the monopole will be located within 70 metres of residential properties in Langhill Drive, although it should be noted that there are houses closer than this within Bryant Homes Maple Rise development on the south side of Balloch Road. With respect to matters relating to the potential health impacts of telecommunications monopoles, it is the responsibility of the Scottish Executive and the UK Government to decide what measures are required to protect public health and local authorities have been instructed not to have regard to concerns about the possible health effects of these structures. To demonstrate to the Council that the known health effects have been properly addressed, the applicant has submitted a statement that the monopole will meet the ICNIRP (International Commission on Non-Ionising Radiation Protection) guidelines for public exposure to electromagnetic fields. No letters of representation have been received from any of the nearby residential proprietors.

4.8 In order to address the concerns of my Transportation Section regarding the potential disruption and danger to public safety that might occur as a result of the construction of this monopole, a site meeting between Orange's agent and contractor and planning and transportation officials was held on the 16'h August 2002. At that meeting it was agreed that the disruption to local road users was unlikely to be as severe as was first assumed. It is considered that the level of disruption to road users during the construction process is likely to be small and temporary in nature. In order to prove this, it was agreed that the applicant would submit a method statement outlining the construction schedule and a planning condition to this effect has been imposed.

4.9 Notwithstanding the objections received, it is recommended that planning permission be granted.

55 Application No: N/02/00902/FUL

Date Registered: 4th July 2002

Applicant: Church Of Scotland Chryston Parish Church Moodiesburn G69 9LA

Agent Davis Duncan Architects 20 Royal Crescent Glasgow G3 7SL

Development: Extension to Church Hall

Location: Chryston Church Of Scotland Blackwoods Crescent Moodiesburn Glasgow G69 OEN

Ward: 67: Moodiesburn East And Blackwood West

Grid Reference: 269966.670841.

File Reference: N/02/00902/FUL

Site History: N/00/01237/FUL - Extension to Church

Development Plan: Northern Corridor Local Plan (Finalised Draft) 2000

Contrary to Development Plan: No

Consultations: Scottish Water (No objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is for the erection of an extension to a church at Blackwoods Crescent, Moodiesburn. A previous application (reference number N/OO/Ol237/FUL) was granted permission on 17th January 2001 for the erection of a circular assembly room onto the existing rectangular hall. Subsequently the existing rectangular building has been removed and this application seeks permission for a replacement.

The proposed building will be similar in size and shape to that which it replaces and therefore it's design and impact are considered acceptable. The new building will create a small hall, 4 meeting rooms, toilets and a kitchen and coffee area.

No objections were received regarding this application and it recommended that planning permission be granted.

56

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 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 safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 4th July 2002

Memo from Traffic and Transportation Team Leader received 5th August 2002 Letter from Scottish Water received 1st August 2002

Any person wishing to inspect these documents should contact Mark Thomson at 01236 616466.

58 Application No: N/02/01048/AMD

Date Registered: 1st August 2002

Applicant: J B Bennett (Contracts) Ltd Banton By Kilsyth

Development: Construction of a Dwellinghouse

Location: Plot 51 Barr Farm Manse Road Kilsyth

Ward: 64: Croy And Kilsyth South And Smithstone

Grid Reference: 272393 677251

File Reference: N/02/01048/AMD

Site History: N/97/00206/FUL 21 June 1998 Permission granted for Construction of 50 Dwellinghouses

Development Plan: The site is covered by Residential Policies in the adopted Kilsyth Local Plan.

Contrary to Development Plan: No

Consultations:

Representations: 3 Representation Letters

Newspaper Advertisement: Not Required

Comments:

The applicant is seeking planning permission for the construction of a dwellinghouse at Plot 51, Barr Farm, Manse Road, Kilsyth. The plot was originally an additional area of open space within the development. Following neighbour notification three letters of objection have been received, details of which are contained in the attached report. Despite the concerns of the objectors, I consider the plot an appropriate site for a dwellinghouse and I recommend that planning permission be granted subject to conditions.

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 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.

59 Enwralment N/02/01048/AMD mal way J B Bennett (Contracts) Ltd CUMBERNAULD G67 1DZ Plot 51 Barr Farm Manse Road Kilsyth Construction of a Dwellinghouse A Telephone 01236 616400 Fax 01236 616420 1:2500 OS Licence LA 04001L *Objector 60 Reason: To enable the Planning Authority to consider these aspects in detail.

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: to safeguard the amenity of the surrounding area.

4. That a dropped kerb vehicular access shall be constructed in accordance with the specifications of Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of public safety.

5. That 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 surfaced in an impervious material, to be approved by the Planning Authority.

Reason: To prevent loose material being carried onto the public highway/footway in the interests of traffic safety.

Background Papers:

Application form and plans received 1st August 2002 Consultation Response from Traffic and Transportation Team Leader received 27 August 2002 Letter from Miss Ann Marie Chalmers, 7 Barr Farm Road, Kilsyth, Glasgow received 7th August 2002. Letter from Janet Mulvay, 9 Barr Farm Road, Kilsyth, G65 ODD received 13th August 2002. Letter from Brian Whittingham, 11 Barr Farm Road, Kilsyth, G65 ODD received 20th August 2002.

Any person wishing to inspect these documents should contact Marlaine Lavery at 01236 616464.

61 APPLICATION NO. N/O2/01048/AMD

REPORT

1. Description of Site and Proposal

1.I Planning permission is sought for the erection of a single storey detached dwellinghouse with integral garage at plot 51 Barr Farm, Manse Road, Kilsyth. The plot occupies a corner within a new residential development. The area was originally retained for the play area, however the play area was relocated within the site and the land was left as additional open space.

1.2 The dwellinghouse proposed is 12 metres x 13 metres in area. It is set within substantial garden ground and there is a 10 metre driveway.

2. Developmen t Plan

2.1 The site is covered by Residential policies within the Kilsyth Local Plan.

3. Consultations and Representations

3.1 Three letters of objection were received, The main concerns are as follows:

that the proposal is contrary to the Local Plan; that the original site plan has been extensively altered and the site is now overcrowded; that the proposed house will overshadow the properties at 7,9 and 11 Barr Farm; that an additional house will result in traffic, parking and access problems; that power cables close to the site may interfere with electricity supply to the rest of the estate and that the main sewer and drain runs directly across the plot; there is a Right of Way behind the plot; that the developer has given misleading information to induce a sale; that the objectors’ view will be blocked; that the site is nearly complete and the objectors have suffered enough disruption; the proposal would devalue the objectors’ properties;

3.2 My Transportation Section has no objections to the proposal.

4. Planning Assessment and Conclusions

4.1 The main issue in assessing this application is how the proposed dwellinghouse will impact on the surrounding residential area in terms of scale and design.

4.2 It is considered that the overall size and design of the dwellinghouse is acceptable and in keeping with the scale and character of the surrounding area. The dwellinghouse has a substantial garden area and complies with the conditions detailed in original permission.

4.3 The site is covered by the Residential policies of the adopted Kilsyth Local Plan and as such is not contrary to the Local Plan.

4.4 It is conceded that the original site layout has been altered. However, the alterations have been minor and the original plans approved for the site consisted of 50 dwellinghouses.

62 4.5 It is considered that the proposed dwellinghouse will not overshadow any of the objectors’ properties. The proposed house is a single storey house and the objectors occupy two storey houses to the north of plot 51.

4.6 There is no evidence to suggest that the proposal will lead to traffic, parking and access problems. The proposed house has an integral garage and a 10 metre driveway. My Transportation Manager has considered the proposal and has offered no objections.

4.7 There is no official Right of Way in the vicinity of the site, however there are alternative footpaths leading to the open space.

4.8 With regard to claims of power cables and drainage running directly over the site, the developer has confirmed that this is not the case.

4.9 The remaining objections are not considered material in determining this proposal.

4.1 0 Having considered the impact of the proposed dwellinghouse on the amenity of the surrounding residential area, I am of the opinion that the dwellinghouse will not adversely affect the area to an extent which would justify refusing planning permission. It is recommended that planning permission be granted.

63 Application No: N/02/01051/FUL

Date Registered: 1st August 2002

Applicant: J B Bennett (Contracts) Ltd Banton By Kilsyth G65

Development: Formation of a Landscaped Feature

Location: Site Adjacent To Manse Road South Barwood Road Kilsyth

Ward: 64: Croy And Kilsyth South And Smithstone

Grid Reference: 272289677386

File Reference: N/02/01051/FUL

Site History:

Development Plan: The site is covered by residential policies in the Kilsyth Local Plan 1999.

Contrary to Development Plan: No

Consultations: NLC Community Services (Com ments) Scottish Power (Objection) Scottish Water (No Objection)

Representations: 4 Representation Letters

Newspaper Advertisement: Not Required

Comments:

The application is for a landscaped mound at South Barmood Road, Kilsyth. At present the applicants have a temporary spoil heap on the site used in connection with the adjacent residential development. Although there have been previous concerns about the excessive height of the mound the current proposal for the permanent feature is for a more modest mound.

A petition plus a letter have been submitted against the mound and two letters of support has been lodged.

There are no planning objections to the landscaped feature and 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.

64

2. That the only material contained within the landscaped mound shall be inert rock, subsoil and topsoil.

Reason: In the interests of amenity, public health and suitability for purpose.

3. That before the approved development is formed, 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: (e) a depth of at least 450mm of good quality topsoil in the shrub beds; (f) a mulched depth of at least 100mm of suitable compost bark mix on the shrub bed area: (9) a low maintenance grass seed mix containing dwarf rye grass varieties; (h) the replacement of item D in the planting schedule with Enonymus or a variety of ground cover rose; (i) the specification of item E in the planting schedule as a fastigiate variety such as Fagus Sylvatica ‘Dawyck.

Reason: To ensure that the landscaping is appropriate for the site and the general area.

4. That within one year of the grant of permission, 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 two years of the completion of the development, shall be replaced by the applicants within the following year with others of a similar size and species; regular frequency maintenance shall be carried out by the applicants in the first year to the satisfaction of the Planning Authority.

Reason: To ensure that the landscaping is appropriate for the site and the general area.

Background Papers:

Application form and plans received 1st August 2002

Memo from NLC Community Services received 22nd August 2002 Letter from Scottish Power received 14th August 2002 Letter from Scottish Water received 22nd August 2002

Letter from John McCarroll & 58 Co-signatories, 147 Manse Road, Kilsyth received 13th August 2002. Letter from Mrs A Crainie, 149A Manse Road, Kilsyth, G65 OBY received 13th August 2002. Letter from Mr & Mrs Abercrombie, 5 The Farmhouses, South Barwood Road, Kilsyth, G68 9DZ received 21st August 2002. Letter from Damian and Siobhan McKenna, 4 The Farmhouses, South Barwood Road, Kilsyth, G68 9DZ received 26th August 2002.

Any person wishing to inspect these documents should contact Martin Dean at 01236 61 6459.

66 APPLICATION NO. N/02/01051/FUL

REPORT

1. Description of Site and Proposal

1.I The application is for a stone and soil landscaped mound on North Lanarkshire Council owned land at the junction of South Barrwood Road and Manse Road, Kilsyth. This land was previously grassed open space. The maximum height of the mound is 2.4 metres although the majority of the mound is under 2 metres in height. At present there is a stone and soil store on the site used in connection with the building of an adjacent residential development. This existing use of the site is permitted development under Class 14 (Temporary Buildings and Uses) of the Town and Country Planning (General Permitted Development) (Scotland) (Order) 1992. Notwithstanding the above, the developers proposal for a permanent landscaped feature requires planning permission.

2. Development Plan

2.1 The application site is covered by Residential Amenity policies HG3-5 in the Kilsyth Local Plan 1999.

3. Consultations and Representations

3.1 Summaries of consultation responses are as follows.

Power Systems (Scottish Power): Scottish Power have no option but to object to the development as proposed on the basis that they received no intimation as to whether their plant will be affected by the proposal and if so, to what extent. Scottish Water: No comments with regards sewerage and water. Community Services: No objections from the Parks Operations Section to the principal of the proposed development. The developer has previously dumped unsuitable materials on site and created a mound of unacceptable proportions. As such the developers have been requested to remove all material from site and revert this back to its original state before any proposed works are carried out as a result of any planning permission. Should the application be successful it should be conditional that the material used is to the full satisfaction of this Department. Comments have been provided concerning the landscape details and the depth of topsoil.

3.2 My Pollution Control Manager has commented that there is no knowledge of any previous, potentially contaminative operations being carried out on site. He has asked that a condition be imposed requiring that materials associated with the landscaped mound be non-contaminative in nature.

3.3 A letter of objection plus a letter of objection with 58 co-signatories have been submitted. Points of objection are as follows:

The mound will block the open outlook from certain dwellings in Manse Road. This is inappropriate development on council owned land which will add to the council’s maintenance costs. The site is more valuable to local residents as an open grassed area rather than a landscaped mound. The mound has previously been excessively high. The applicants have been irresponsible in failing to heed previous directions to cease tipping on the site. The developers rather than the local community benefit from the mound. The developers will save tipping costs.

67 The mound may attract anti-social behaviour. The site is not identified for a landscaped mound in the Kilsyth Local Plan.

3.4 Two letters of support for a landscaped mound have been submitted by four local residents.

4. Planning Assessment and Conclusions

4.1 It is considered that the proposal is modest in scale and will introduce some visual interest into what was previously a flat grassed area. It is noted that there is no objection from Community Services concerning the principal of the development or future maintenance implications.

4.2 From a planning, rather than a NLC landownership perspective, it is noted that the previous and existing use of the area for the storage of soil in connection with the adjacent residential development is permitted development. The previous condition of the site should not have a bearing in considering the merits of the current application. Nevertheless it is accepted that local residents have complained about the appearance of the previous mound on the site particularly with regards to its excessive height.

4.3 It is accepted that the mound will have some limited effect on views over the Kelvin Valley from a few dwellings on Manse Road. It is noted, however, that much of previous view has been obstructed by the recently constructed dwellings.

4.4 The developers have been advised to contact Scottish Power directly concerning their apparatus. Should there be any direct threat to their apparatus this can be taken up by Scottish Power.

4.5 In conclusion it is considered that the landscaped mound is an acceptable feature at this location and it is recommended that planning permission be granted.

68 Application No: C/02/00241lADV

Date Registered: 8th March 2002

Applicant: Woolworths Plc 242-246 Matylebone Road London NWI 6JL

Agent Astley Signs 273 Dukesway Team Valley Trading Estate Gateshead NE11 OPZ

Development: Erection of Internally Illuminated Pole Sign and Fascia Signs (In Retrospect)

Location: Town Park South Circular Road Coatbridge Lanarkshire

Ward: 36: And Langloan

Grid Reference: 273507664769

File Reference: CTS390lDBlLR

Site History:

Development Plan: The site is in an area covered by public open space policies and assessed under the terms of policy ENV 14 Display of Advertisements in the Monklands District Local Plan 1991.

Contrary to Development Plan: Yes

Consultations:

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application relates to the erection of an internally illuminated pole sign and a total of 11 fascia signs of various sizes, in retrospect, at the recently constructed Big W Store, within Faraday Retail Park, Coatbridge. The determination of such an application must consider policy ENV14 Display of Advertisements, and the Design Guidance on Advertisements as contained in the Monklands District Local Plan 1991. Following consultation the Transportation Section has indicated that in the interest of traffic safety the proposed pole sign should be omitted or relocated away from the roundabout access to the retail park, all of the fascia signs should be restricted in their level of illumination and one should be repositioned. The Big W Unit is located within the Faraday Retail Park which already displays two non- illuminated pole signs which advertise the occupiers of the park. It is considered that these signs should be updated to include Big W and therefore negate the need for an additional pole sign within the park. This would reduce clutter in the interest of both visual amenity and traffic safety.

69 Manning Application No C/0200241/ADV 'lannhg and Ewironmnt ieadquaers iute 501, Fkming House Erection of Internally Illuminated Pole Sign

~ and Fasaa Signs DI >UMBEFWAULD ,, ~~~~~o~ Town Park South Circular Road Caatbn 11236 616210 FW. 01236 616232 This copy has been produced specificalb for the h )S Licence LA C8C4iL NO furthec CO 'esma The applicant was requested to amend the proposal by removing the pole sign and amending the position of fascia sign 6. There was no response to this request and all of the signs applied for were recently erected without express consent. While the majority of the signs are acceptable I recommend that the proposed development be refused in total as the applicant has not amended the application drawings to omit/relocate the problem signs.

Recommendation: Refuse for the Following Reasons:-

1. That the proposal is contrary to policy ENV14 Display of Advertisements and associated Design Guidance on Advertisements contained in the Monklands District Local Plan 1991 in that the free standing internally illuminated pole sign would detract from amenity as there is already adequate pole signage on the site.

2. That the erection of the free standing illuminated pole sign and fascia sign 6, as shown on the application drawings, may distract drivers to the detriment of traffic and pedestrian safety.

Background Papers:

Application form and plans received 8th March 2002

Memo from Transportation Section received on 5 April 2002 Letter to Agent dated 11 April 2002 and 12 August 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

71 APPLICATION NO. C/02/00241/ADV

REPORT

1. Description of Site and Proposal

4.1 Application was received on 8 March 2002 for the erection of, internally illuminated, pole sign and fascia signs at the recently constructed Big W Store, within Faraday Retail Park, Coatbridge.

4.2 The fascia signs are to be erected on all elevations of the building and the pole sign located near to the roundabout entrance to the Retail Park off of South Circular Road.

2. Development Plan

2.1 The site is in an area covered by public open space policies and assessed under the terms of policy ENV 14 Display of Advertisements and associated Design Guidance on Advertisements contained in the Monklands District Local Plan 1991.

3. Consultation

3.1 The Transportation Section has indicated that in the interest of traffic safety the proposed pole sign should be omitted or relocated away from the roundabout access to the Faraday Retail Park, the fascia signs should be restricted in their level of illumination and sign no.6 should be repositioned.

4. Planning Assessment and Conclusions

4.1 Policy ENV14 Display of Advertisements indicates that the Council will use its powers to secure the removal of advertisements that are considered to be causing a loss of amenity or a danger to public safety. The policy also requires signs and hoardings to conform to the Design Guidance on Advertisements. This guidance indicates that advertisements will not be allowed which would distract drivers or be a road safety hazard. In addition advance directional signs "will usually not be permitted as these will generally conflict with the above policies and will set a precedent for numerous such signs in the District the cumulative effect being a clutter of signs which will be contrary to the amenity of the District".

4.2 The Transportation Section has indicated in the interest of traffic safety that the proposed pole sign should be omitted or relocated away from the roundabout access to the retail park, the fascia signs should be restricted in their level of illumination and some of them should be repositioned. The level of illumination could be covered by condition.

4.3 The Faraday Retail Park is currently advertised by 2 non-illuminated pole signs at either entrance and identifies the occupiers of the park. It is considered that these signs could be updated to include Big W and therefore negate the need for an additional pole sign within the park. This would reduce potential clutter in the interest of visual amenity and public safety.

4.4 The applicant was advised of the concerns about traffic safety and visual amenity and requested to amend the proposal by removing the pole sign and amending the position of fascia sign 6. There was no response and on or before 5 August 2002 the signs were erected without express consent.

4.5 In conclusion I consider that the proposed development should be refused as it is contrary to policy ENV14 as contained in the Monklands District Local Plan 1991 and would significantly impact on traffic safety and visual amenity.

72 Application No: C/02/00277/FUL

Date Registered: 19th March 2002

Applicant: Mr & Mrs M Fadzean 107 Forrest Street Airdrie M L6

Agent Pineload Designs Meadow View 73a Station Road Armadale EH48 3LJ

Development: Erection of Double Garage Extension(inc1uding Conservatory)

Location: 4 Woodend Drive Airdrie Lanarkshire ML6 7EA

Ward: 44: Clarkston

Grid Reference: 277366.6661 13.

File Reference: C/PL/AIW699004/LM/LR

Site History:

Development Plan: The site is covered by residential policy HG9 of the Adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 2 Letters of Representation

Newspaper Advertisement: Not Required

Comments:

This application seeks permission for the erection of a double garage and conservatory to a detached property. The applicant initially proposed to extend the existing single garage on the eastern side of the house into a double. This was not acceptable on road safety (inadequate driveway length) and amenity grounds( loss of landscaping). It was agreed that a double garage to the west of the property would be more acceptable provided the existing single garage was either removed or altered to ensure it could no longer be used as a garage, and the dropped kerb at this point removed. The applicant submitted an amended application for the erection of a double garage at the west elevation of the house with the conservatory linked at the rear.

73 spats Ground

/

1 The proposal is considered acceptable in terms of the design, scale and materials and would integrate satisfactorily with the existing dwellinghouse without causing any adverse amenity effects in relation to daylight, privacy and residual garden ground. Furthermore, the proposal is considered to be acceptable from a traffic safety viewpoint, with particular attention to the positioning of the driveway and off street curtilage parking provision.

Renotification of the adjoining neighbours was carried out, following which two objections were received from Mr E McCloskey, of 3 Woodend Drive and Mr Tom Kelly, of 5 Woodend Drive. These objections were on the grounds that the road would be too narrow to accept a driveway in the position proposed and that visibility of users of the driveway and of motorists approaching it would be limited. It was also noted that a lamp post may be affected by the proposal. In response, it is considered that all the technical issues raised in the objection have already been assessed in detail by the Transportation Section without any concerns being expressed or foreseen. Any requirement for the relocation of a lamppost would be at the applicant’s expense.

There are no reasons therefore that would suggest that planning permission should be withheld in this case.

Recommendation: Approve 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 the use of the garage hereby permitted 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: To safeguard the amenity of the adjoining residential area.

3. That the facing materials to be used for the external walls and roof of the garage shall match in colour and texture those of the existing adjoining building.

Reason: In the interests of amenity of the building and the surrounding area.

4. That the facing materials to be used for the proposed base course of the conservatory shall match in colour and texture that of the existing adjoining building.

Reason: In the interests of amenity of the building and the surrounding area.

5. The existing dropped kerb vehicular access should be reinstated to footway level within two months of the new access being brought into use.

Reason: In the interests of pedestrian safety.

6. That on the new garage being brought into use for the parkingktorage of domestic vehicles, the use of the existing garage on the eastern side of the property for this same purpose shall terminate and the existing door shall be removed/altered to the satisfaction of the Planning Authority.

75 Reason: In the interests of traffic safety.

7. That the double garage hereby approved and the existing single garage shall be restricted to private use incidential to the enjoyment of the dwellinghouse on the site and no commercial activity shall be carried out, in or from the garages.

Reason: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 1 1th March 2002

Response from Transportation Section received 28 August 2002

Letter from Mr E McCloskey, 3 Woodend Drive, Airdrie, ML6 7EA received 19th August 2002 Letter from Mr Ton Kelly, 5 Woodend Drive, Airdrie, ML6 7EA received on 30th August 2002.

Any person wishing to inspect these documents should contact Leigh Menzies at 01236 812375.

76 Application No: C/02/00518/ADV

Date Registered: 15th May 2002

Applicant : Auto Masters Flowerhill Estate Airdrie ML6 6BE

Agent Mr Brian Cahill Auto Masters Flowerhill Ind Est Flowerhill Street Airdrie

Development: Erection of Directional Advert

Location: Land West Of Entrance To Flowerhill Industrial Estate Flowerhill Street Airdrie Lanarkshire

Ward: 43: Airdrie Central

Grid Reference: 276676 665701

File Reference: C/PL/AIF544/CM/LR

Site History:

Development Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the site is located within an area covered by a general industrial area policy. Contrary to Development Plan: No

Consultations: NLC Housing and Property Services (No Response)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought for the erection of an advance directional sign that would be erected at the entrance to Flowerhill Industrial Estate, Airdrie. The non-illuminated panel sign would measure approximately 2m x 2m and be mounted on two 5 metre high support poles. The sign would advertise the services provided by a vehicle repair yard that is located in the industrial estate. The sign would be situated about 70 metres outwith the curtilage of the repair yard.

This type of sign is contrary to the Council's Design Guidance as such signs, if approved can set a precedence for other advance business signage from other companies, the cumulative effect being a clutter of signs that would be detrimental to the visual amenity of an area. Indeed at this particular location there are at least 3 unauthorised signs that are in poor condition, two of which actually relate to the applicant's associated business. The only appropriate sign is the Council's own industrial estate directory board which includes information on all of the businesses located within the estate.

77

Transportation Services had no objection to the proposal as the proposed sign would be located outwith the access sightlines. There was no response from the Housing and Property Services Department.

The proposal is contrary to the Council's design guidance and the proposed sign would only add to the clutter of unauthorised signs that have been attached to or mounted near the Council's own industrial estate directory board. This proposal would in my view be detrimental to the visual amenity of this part of Flowerhill Street and if approved may set a precedence to allow other advance business signs. It is therefore recommended that planning permission be refused.

Recommendation:

Refuse for the reason that the proposed sign is contrary to the Councils Design Guidance on Advertisements as it is considered to be an advance business sign that if approved could set a precedent for other advance business signs, the cumulative effect being a detrimental impact on amenity.

Background Papers:

Application form and plans received 24th April 2002

Consultation Response from the Transportation Section received 16th July 2002

Any person wishing to inspect these documents should contact Colin Marshall at 01 236 81 2376.

79 Application No: C/02/00727/FU L

Date Registered: 22nd May 2002

Applicant: Persimmon Partnerships (Scotland) Ltd Persimmon House 77 Bothwell Road Hamilton ML3 ODW

Develop ment: Erection of 85 Dwellinghouses

Location: Land South Of 24-30 And 15-101 Ailsa Road Coatbridge Lanarkshire

Ward: 40: Old Monkland

Grid Reference: 272533663612

File Reference: C/PL/CTA22524/CM/ES

Site History:

Development Plan: The site is located within an area covered by Policy HG 9 in the Adopted Monklands District Local Plan 1991

Contrary to Development Plan: No

Consultations: S.E.P.A.(W est) No objection West Of Scotland Water No Response British Gas Transco No Objection Scottish Power No Objection The Coal Authority No Objection Scottish Power No objection

Representations: 4 Letters of Representation

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought for the erection of 85 dwellinghouses at a redevelopment site located to the south of Ailsa Road, Coatbridge. The development represents the final phase of the Old Monkland Regeneration Strategy. The site is subdivided by Rowan Place and extends in total to some 2.57 ha. The site is characterised by its rectangular shape and is bounded to the north by Ailsa Road, to east by a public footpath, to the south by Old Monkland Road and to the west by a previous development phase. The site is currently occupied by former local authority flats. These would be demolished as part of the proposal.

The proposed houses would be predominantly two storey semi-detached units with one terraced unit and two detached units. They would be finished in a mix of facing brick and render and have double pitched tiled roofs, New road access points would be from Ailsa Road and Rowan Place and a footpath link would be provided from Old Monkand Road to Ailsa Road.

80 Planning Application C/02/00727/FUL rlcshire Catncil Erection of 85 Dwellinghouses Land South of 24-30 & 15-101 Ailsa Road Coatbridge * Objectors 81 The proposal accords with the terms of the Councils design guidance on new housing areas and following consideration of all of the material facts it is my view the proposal is acceptable. It is therefore recommended that planning permission be granted subject to conditions.

Recommendation: Approve 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 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.

3. 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:-

details of any earth moulding and hard landscaping, grass seeding and turfing; 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: To enable the Planning Authority to consider these aspects.

4. That within one year of the occupation of the last two 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 two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the area.

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 footpath shaded red on the approved plans; (b) the proposed grassed, planted and landscaped areas hatched green on the approved plans; (c) the proposed play area to be provided at the site.

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

82 6. That before completion of the development hereby permitted, the management and maintenance schemed approved under the terms of condition 5 shall be in operation.

Reason: To safeguard the residential amenity of the area.

7. That before the development hereby permitted starts, a scheme, for the provision of an equipped play area within the application site shall be submitted to, and approved in 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 enable the Planning Authority to consider these aspects.

8. That before occupation of the last two dwellinghouses within the development hereby permitted, all the works required for the provision of equipped play area and, included in the scheme approved under the terms of condition 7 above, shall be completed.

Reason: To safeguard the residential amenity of the area.

9. 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: To safeguard the residential amenity of the area.

10. That before the development starts, full details of the location and design of the surface water drainage system to be installed within the application site shall be submitted to and approved by the Planning Authority, and for the avoidance of doubt the scheme shall comply with the principles of the Sustainable Urban Drainage Systems (SUDS).

Reason: To safeguard the amenity of the area and to ensure that the proposed drainage system complies with the latest guidance on SUDS.

11. 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 and before the development hereby permitted is 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 traffic and pedestrian safety.

83 12. 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 continuity in the development of the Estate.

13. That before the last of the dwellinghouses hereby permitted is occupied, all roads and footways shall be completed to final wearing course.

Reason: To ensure continuity in the development of the Estate.

14. That before any of the dwellinghouses hereby permitted is occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

15. That before any of the dwellinghouses hereby permitted are occupied, a dropped kerb vehicular access shall be constructed in the position shown on the approved plans, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: In the interests of traffic and pedestrian safety.

Background Papers:

Application form and plans received 22nd May 2002

Letter from S.E.P.A. (West) received 1st July 2002 Letter from British Gas Transco received 18 June 2002 Letter from The Coal Authority received 21st June 2002 Letter from Scottish Power received 6th June 2002 Consultation Response from Community Services received on 31 July 2002 Consultation Response from Transportation Section received on 29 August 2002

Letter from Mr & Mrs. P. Quinn,37 Ailsa Road, Coatbridge, ML5 5HW received 6th June 2002 Letter from Mr. L Stevens,35 Ailsa Road, Coatbridge, ML5 5HW received 6th June 2002 Letter from Mrs A Hami11,33 Allsa Road, Coatbridge, ML5 5HW received 6th June 2002 Letter from Mr & Mrs H. Kerr,31 Ailsa Road, Coatbridge, ML5 5HW received 6th June 2002

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376

84 APPLICATION NO. C/02/00727/FUL

REPORT

1. Description of Site and Proposal

1.I Planning permission is being sought for the erection of 85 dwellinghouses at a redevelopment site located to the south of Ailsa Road, Coatbridge. The development represents the final phase of the Old Monkland Regeneration Strategy. The site is subdivided by Rowan Place and extends in total to some 2.57 ha. The site is characterised by its rectangular shape and is bounded to the north by Ailsa Road, to east by a public footpath, to the south by Old Monkland Road and to the west by a previous development phase. The former local authority flats that occupy the site would be demolished.

1.2 The proposed houses would be predominantly two storey semi-detached units with one terraced unit and two detached units. They would be finished in a mix of facing brick and render and have double pitched tiled roofs. New road access points would be from Ailsa Road and Rowan Place and a footpath link would be provided from Old Monkand Road to Ailsa Road. The proposed layout would also include an area of public open space.

2. Development Plan

2.1 Under the terms of the Adopted Monklands District Local Plan 1991 the site is located within an area covered by policy HG 9 Housing Policy for Existing Residential Area.

3. Consultations and Representations

3.1 There were no adverse comments received from the above noted consultees, however SEPA have requested that all surface water from the site is treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland, as published by ClRA in March 2000. The Transportation Section had no objection subject to conditions. The Director of Community Services had no objection to the proposal but did suggest some small amendments to the boundary treatment along Old Monkland Road.

3.2 There were 4 letters of objection to the proposal and these can be fairly summarised as follows.

0 That the proposal would result in a loss of an off street parking area. This will lead to the displaced vehicles parking on Ailsa Road to the detriment of road safety. 0 That the proposed development would generate more traffic that would lead to increased traffic congestion in the area.

4. Plannina Assessment and Conclusions

4.1 The proposed development site is located within an existing housing area and forms the final phase of the Old Monkland Regeneration Scheme. As such the proposal to demolish and construct replacement housing on this site is acceptable in principle. The proposed layout conforms to the terms of the Councils design guidance on new housing areas in terms of the roads access and parking, housing density/mix and detailed design. The house type style and finishing materials would complement the previous regeneration phases. The developer has not included details of a play area for the site but I consider some provision would be necessary

85 either within the site or at another location close to the site. I have therefore added a condition requesting that such provision be made. The final details of the location and design of a play area would be agreed with the Director of Community Services.

4.2 Turning to the objections I would offer the following comments.

The existing parking facilities within the site served the former occupants of the old local authority flats. These flats will be demolished and the proposed development would include appropriate parking facilities for the new houses. Existing residents in Ailsa Road may well have used these parking facilities and I accept they may now need to park their vehicles elsewhere. Most of the properties that face onto the development site could create off street parking facilities within their own garden ground or use any available spaces on Ailsa Road. I do not consider it would be necessary for the developer to form a replacement communal parking facility for the adjacent residents as this would be unreasonable. I do not consider the displaced parking would be detrimental to road safety. 0 The proposed development may lead to an increase in traffic numbers although it is noted that there would be a reduction in actual house unit numbers from 150 flats to 85 houses. This notwithstanding I do not accept that the traffic density associated with the site would lead to traffic safety being compromised. The proposed development includes appropriate parking provisions for the site with each house having a driveway to accommodate 2 vehicles. The Transportation Section has no objection to the level of parking thatis to be provided. I would therefore contend that the proposal would not have a detrimental impact on the amenity of the surrounding area.

4.3 Following consideration of the above matters I consider the proposal is acceptable and recommend that planning permission be granted subject to conditions.

86 Application No: C/02/00761IFUL

Date Registered: 5th June 2002

Applicant: Mrs Patricia Robertson Wellhouse Cottage Glenmavis ML6 OPN

Development: Siting of Snack Bar

Location: Former Filling Station West Of Springfield Road Edinburgh Road Newhouse Motherwell Lanarkshire

Ward: 52:

Grid Reference: 281614662323

File Reference: CIP LISAE5441DBIL R

Site History: The site is an abandoned filling station.

Development Plan: The site is covered by policies designed to protect the Countryside Around Towns contained in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 3 Letters of Representation

Newspaper Advertisement: 26June2002

Comments:

This application relates to the siting of a hot food snack van in the grounds of the former filling station on Edinburgh Road to the west of Salsburgh. It had been a filling station for many years and is currently in a derelict state. The proposal will require the improvement of the forecourt to provide parking provision for patrons and staff of the snack van. It is also proposed to erect barriers across the entrances when the snack van is not in operation thereby restricting the possibility of fly tipping that currently occurs. Following neighbour notification and advertisement in the local press 3 letters of objection were received, one from the Local Member, details of which are included in the attached report. The Transportation Section has no objection to the proposal subject to conditions relating to the access, parking and manoeuvring areas and provision of bollards along the grass verge to the front of the site to deter on street parking. In conclusion I consider that the provision of a snack van on this derelict site should result in a visual improvement of the site. The concerns raised in the letters of objection are addressed by the proposed conditions and I therefore recommend that the proposal should be approved.

87 Planning Application No. C/02/00761/FUL Roducsd by rkshire Aaning and En/irmoanI Siting of Snack Bar founcll Head mller6 a,,.%o1 nemlng House 2 Try* ROad Former Filling Station West of Springfield Road Edinburgh Road Newhouse Motherwell CUM0ERN4UW Rpddhomlb~~vuSua.ym.ppwwlh 057 1sN hprmi*.iond~G~ontdlrdh,M/rN. a o~rwvnsr~~ipht 01236616210 OlZ6 61fz32 Objections received from Councillor Brian BE alsburgh Community Council Not to Scale sati-nonu Ululbdl.drqm&don 8rhlwrCran Wlohl as LIc~nceL409041L & Mrs Longmuir of IIlD Main Street Salsburi!? !? d MyIrdI~p~~uUacrdrllpo~l~ Recommendation: Approve 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 the permission hereby granted is for a temporary period only and shall expire on 11 September 2007.

Reason: To define the permission due to the temporary nature of the snack van in the interest of amenity.

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

4. That before the development hereby permitted is brought into use, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained, surfaced 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.

5. That before the development hereby permitted is brought into use bollards details of which shall be agreed in writing with the Planning Authority shall be erected along the frontage of the site and for a distance of 10m either side of the vehicular accesses, to the satisfaction of the Planning Authority.

Reason: To ensue that no vehicles park on the grass verges in the interest of traffic safety and visual amenity.

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) 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: To enable the Planning Authority to consider these aspects.

89 7. That within one year of the siting of the Snack Van hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the satisfactory implementation of the landscaping scheme in the interest of visual amenity in this countryside setting.

Background Papers:

Application form and plans received 5th June 2002

Memo from Transportation Section received on 16 August 2002 Memo from Protective Services Section received on 9 July 2002 Letter from Salsburgh Community Council, 2 Dewshill Cottages, Nr. Salsburgh, ML7 4NX received 26th June 2002. Letter from Mrs M Longmuir, 111 D Main Street, Salsburgh, ML7 4LH received 1st July 2002. Email from Councillor Brian Brady, North Lanarkshire Council, Member Services, Civic Centre, Motherwell received 18th June 2002.

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

90 APPLICATION NO. C/02/00761/FUL

REPORT

1. Description of Site and Proposal

1.I This application relates to the siting of a hot food snack van in the grounds of the former filling station on Edinburgh Road to the west of Salsburgh. The filling station has 2 entrances and a brick building located along the western boundary. The proposal will involve the removal of the existing pumps and the resurfacing and lining out of parking spaces for both cars and heavy vehicles. Lockable barriers will be put in place across the entrances to the site when the Snack Van is not in operation.

2. Deve10 D me nt PIan

2.1 The site is within an area of Countryside Around Towns as identified in the Monklands District Local Plan 1991. The site developed as a filling station prior to this local plan being produced.

3. Consultations and Representations

3.1 Following consultation the Transportation Section has indicated no objection to the proposal subject to conditions relating to the access, parking and manoeuvring areas and provision of bollards along the grass verge to the front of the site to deter on street parking.

3.2 The Protective Services Section has no objections subject ?

3.3 Three letters of objection were received, including one from the local member Cllr. Brady, and made reference to the following points; a) Road safety concerns related to the sites location in an national speed limit area, near to the junction with Springfield Road and other accesses, on the brow of a hill, on an unlit section of road and with access across the existing footpath linking Salsburgh with Newhouse. b) the visual impact of the development near the western approach to Salsburgh. c) the permission of the land owner had not been given; and d) the potential damage to the roadside due to insufficient parking provision.

4. Plannina Assessment and Conclusions

4.1 Although the site is located within an area zoned as Countryside Around Towns it had been used as a petrol filling station prior to the production of the local plan. The site is currently in a derelict state and suffers from some fly-tipping. The proposal will require the forecourt to be resurfaced and parking spaces set out. In addition a means of enclosure will be erected across the site accesses when the snack van is not in operation. I consider that these improvements should result in a visual improvement to the site and does not conflict with the development plan.

4.2 The Transportation Section has indicated no objection to the proposal subject to conditions. The filling station operated for many years without any significant issues related to access and egress of vehicles. I consider that if the proposed conditions are fulfilled the proposed development should operate in a satisfactory manner in terms of traffic and pedestrian safety.

4.3 To address some of the traffic related concerns a condition is proposed requiring bollards along the frontage and for a distance of 10 metres either side on the grass verges. This should deter on street parking and also protect the verges.

91 4.4 The issue of permission from the land owner to undertake the development is not a material consideration and should be addressed by the applicant and the owner.

4.5 In conclusion I consider that the provision of a snack van on this derelict site should result in a visual improvement of the site. The concerns raised in the letters of objection are addressed by the proposed traffic improvements and I therefore recommend that the proposal should be approved.

92 Application No: C/02/00771/OUT

Date Registered: 4th June 2002

Applicant: Mrs Marion Wall Loanhead Road Blackton House Greengairs Nr. Airdrie

Development: Erection of Dwelling (In Outline)

Location: Blackton House Greengairs Airdrie Lanarkshire

Ward: 45: New Monklands West

Grid Reference: 278646670919

File Reference: C/PL/GML750000/IJ/LR

Site History:

Development Plan: The site is covered by policy GB2 : (Countryside around town) in the adopted Monklands District Local Plan 1991

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (No objections) S.E.P.A.(W est) (No objections) Health And Safety Executive (No response) British Gas Transco (No objections) Scottish Power (No objections) The Coal Authority (No objections) British Telecom (No response)

Representations: One letter of representation

Newspaper Advertisement: No Response

Comments:

Consent is being sought, in outline, for the erection of a dwellinghouse on land adjacent to Blackton House, off Loanhead Road, Greengairs. The site is laid out as amenity garden ground attached to Blackton House. It is flat and well maintained. Industrial premises bound the site to the east while the lands to the west and south are open field areas. Blackton House, the adjacent long established Industrial premises and the application site are located within a rural setting to the north of the settlement of Greengairs. The Local Member Councillor Curley has submitted a letter of support.

Having regard to the specific policies contained within the adopted Local Plan relative to new housing in the Green Belt, the proposal does not provide any justification (in policy terms) which would merit a favourable decision in this instance. I therefore recommend that permission is refused for the attached reason.

93

Recommendation:

Refuse for the reason that the proposed dwellinghouse is contrary to Green Belt policy GB2 in the adopted Monklands District Local Plan 1991 which presumes against isolated development in the “Countryside around Towns” area unless there is a specific locational need which does not exist in this case.

If granted, this application will require to be referred to the Scottish Ministers in Accordance with the Town and Country Planning (Notification of Applications) (Scotland) 1997 Direction

Background Papers:

Application form and plans received 4th June 2002

Letter from Scottish Natural Heritage received 10th July 2002 Letter from S.E.P.A.(West) received 13th August 2002 Letter from British Gas Transco received 9th July 2002 Letter from Scottish Power received 10th July 2002 Letter from The Coal Authority received 11th July 2002 Letter from Councillor Thomas Curley received 23rd July 2002 Letter from Mrs Marion Wall, Blackton House, Greengairs received 22”d July 2002.

Any person wishing to inspect these documents should contact tan Johnston at 01236 812382.

95 APPLICATION NO. C/02/00771/0UT

REPORT

1. Description of Site and Proposal

1.I The application site comprises an area of flat, well maintained grassland which is located directly to the south of Blackton House and which is currently used for amenity garden ground associated with Blackton House itself. The site, which is located north of the settlement of Greengairs, is bounded to the east by Industrial premises and to the south and west by open fields.

1.2 The proposal, is for the erection of a single dwellinghouse. No specific details have been submitted at this stage in terms of possible site layout, house type etc. while the only known factor is that the existing private vehicular access off Loanhead road will jointly serve the site, Blackton House and the adjacent Industrial premises.

1.3 In a letter accompanying the submission the applicant has stated that the proposed dwellinghouse is required for occupation by family members to give added security to Blackton House which, due to its isolated location, has been consistently subjected over recent years to anti-social practices including trespass, vandalism and drunken behaviour.

2. Development Plan

2.1 The application site is covered by policy GB2 in the adopted Monklands District Local Plan 1991.

3. Consultations and Representations

3.1 No service authorities offered any objection to this proposal while Scottish Natural Heritage offered suggested conditions relative to the protection of all natural habitats within the vicinity of the site should the application be approved.

3.2 Following the standard neighbour notification and public advertisement procedures no objections were received.

3.3 A letter in support of this proposal was received from Councillor Curley in which he highlighted the site’s former use as a pit bing and considered that if approved, the additional dwelling would help aleviate the on-going anti-social problems present at the location.

4. Plannina Assessment and Conclusions

4.1 Applications of this nature require primarily to be considered in terms of their appropriateness and compliance with the relevant development plan. Policy STRAT 1 of the Glasgow & Clyde Valley Structure Plan 2000 requires the continued safeguard of the Green Belt and presumes against the spread of built up areas and the encroachment of development into the countryside. The application site is located within an area designated in the adopted Monklands District Local Plan 1991 as Green Belt where under policy GB2 (Countryside around Towns) any development requires to be justified against the following specific criteria i.e. economic benefit, specific locational need, infrastructure implications and environmental impact.

4.2 Firstly, the proposal would soley benefit the applicant and/or her dependants and would provide no economic benefit to the surrounding area or community. Whilst in a letter accompanying the submission the applicant has claimed that the additional dwelling will give greater security to the

96 existing Blackton House (within which she currently resides), in policy terms this claimed justification is not in itself a relevant and appropriate consideration. Taken that Blackton House itself does not presently operate as an agricultural unit and that the proposed dwelling is not required in association with any accepted “green belt” use then in terms of the adopted Local Plan there is no perceived justifiable locational need for a new dwellinghouse on this site.

4.3 It is however accepted that the proposal would not, in itself, create any significant infrastructure implications and with sympathetic design and finish, any new build taken together with adequate screening then such a proposal could ensure little environmental impact on the surrounding environment.

4.4 Having assessed the proposal against the terms of the adopted Monklands District Local Plan 1991 I consider that the proposal as it is contrary to the requirements of policy GB2 which seeks to restrict isolated development in the Countryside around Towns unless there is a specific locational need. There is clearly no established locational need for a new dwellinghouse at the proposed site and I therefore recommend that permission is refused for the reason indicated.

97 Application No: C/02/00806/REM

Date Registered: 27th June 2002

Applicant: James Hamilton Gimmerscroft Farm Craigens Road Aird rie

Agent Construction Design Associates 6 Church Street Coatbridge ML5 3EB

Development: Erection of Stables and Siting of Temporary Residential Accommodation

Location: Land At Gimmerscroft Moffat Mills Roughrigg Road Airdrie Lanarkshire

Ward: 52: Salsburgh

Grid Reference: 279131 664470

File Reference: C/PL/AIR744/DB/LR

Site History: C/O1/000460UT 29th January 2002 PER

Development Plan: The site is zoned Greenbelt in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 1 Letter of Representation

Newspaper Advertisement: Not Required

Comments:

This application is for approval of the reserved matters of planning permission 01/00047/0UT for the erection of an equestrian centre and associated residential accommodation at Gimmerscroft, Craigens Road, Airdrie. The proposal is for the erection of 10 stables and a temporary residential caravan while the business is established. Following normal neighbour notification one letter of objection was received referring to concerns related to the access, flooding of the road and storage of materials on land at Roughrigg Road, to the north of the application site which the applicant also owns. I do not therefore consider that the comments have any bearing on the current proposal. Following discussion with the agent revised plans have been submitted to meet the requirements of the Transportation Section in terms of access, parking provision and turning facilities. The design of the structures are acceptable and subject to appropriate landscape treatment should not significantly impact on the visual amenity of the area. In assessing the outline application the Director of Finance NLC indicated that as a business concern the equestrian centre was marginal in terms of its likely economic success.

98 Rodus-d by Planning Application No. C/02/00806/REM rbhire Ranning and Elvironmcnl Erection Of Stable & Siting of Temporary Residential Accommodation COUnrll mad LBIIOIS wm%oi,n.mmg musa 2 Trye Ro.d CWBWN4UW Land at Gimmerscroft Moffat Mills Roughrigg Road Airdrie A Rp~ucd*omlhDdnn;.Su~*/mqpqrlh M236616210067 1m Fa% OlD6616232 Not to sale 2cZ,b$$?' M'r'' Lh.lth)Wd rqndusDcn intiqr Crwn wld7hl C6 Lic.nseLAOS34lL * Location of Objector ad mwlrd1opn.runm (rdrilpo~..llnp

99 The applicant is therefore proposing to site a temporary residential building at the centre while it is being established with the view of demonstrating its viability. I therefore propose that any permission granted should allow the temporary accommodation to remain for a period of 3 years only to enable the business to be established and thereafter the applicant may apply for a permanent house. There would have to be clear evidence that the equestrian centre was a viable business at that stage.

Recommendation: Approve Subject to the Following Conditions:-

1. That the development hereby permitted shall be started not later than 23/1/07

Reason: To accord with the outline planning permission.

2. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

3. 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: To enable the Planning Authority to consider these aspects.

4. That within one year of the occupation of the Equestrian Centre 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 two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

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

5. That from commencement of occupation the temporary residential accommodation hereby permitted shall be for a limited period of 3 years after which all structures, hard standing access and fences associated with it shall be removed and the land reinstated to an agricultural field to the satisfaction of the Planning Authority unless otherwise agreed in writing. Prior to the occupation of this temporary accommodation the Planning Authority shall be notified in writing of the date of entry for purposes of residential occupation associated with the Equestrian Centre.

Reason: To enable the Planning Authority to retain effective control in line with the temporary nature of the accommodation.

100 6. That should the Equestrian Centre hereby permitted fail to support a full time employee within three years of starting, the date of which should be agreed in writing with the Planning Authority, all stables, accommodation, hard standing access and fences associated with it shall be removed and the land reinstated to an agricultural field to the satisfaction of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control in line with the Greenbelt nature of the site.

7. That the occupation of the temporary residential accommodation hereby permitted shall be limited to a person employed full time in connection with the equestrian centre, or a dependant of such a person, residing with him, or her, or the widow or widower, of such a person.

Reason: To accord with the approved Greenbelt policy.

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

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

9. That a visibility splay of 4.5 metres by 160 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is 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: To ensure appropriate sight lines on this de-restricted road in the interest of traffic safety.

10. That before the equestrian centre is in operation all works detailed on drawing No. 854 04 shall be completed to the satisfaction of the Planning Authority.

Reason: In the interest of road safety.

Background Papers:

Application form and plans received 30th May 2002, 11 July 2002 and 16 August 2002 Memo from Transportation Section Letter from lnver House Distillers Ltd.,Airdrie, ML6 8PL received 10th June 2002.

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

101 Application No: C/02/00822/0UT

Date Registered: 20th June 2002

Applicant: Robert Speirs 31 Merlin Avenue Bellshill

Agent B Martin 22 Sutherland Drive Cairnhill ML6 9RP

Developmen t: Demolition of House and Erection of 6 Flatted Dwellinghouses (In Outline)

Location: 14 Lauchope Street Chapelhall Airdrie Lanarkshire ML6 8SR

Ward: 51 : Chapelhall

Grid Reference: 278131.663106

File Reference: CIPLICH L195IDBILR

Site History: No relevant planning history

Development Plan: The site is covered by general urban policies contained in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: West Of Scotland Water (No Objection) British Gas Transco (No Objection) Scottish Power (No Objection) The Coal Authority (Comments)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application is for the demolition of an existing dwellinghouse and erection of 6 flatted dwellings, in outline, at 14 Lauhope Street, Chapelhall. The site is zoned ECON 8 General Urban Area in the Monklands District Local Plan 1991 and assessed against policies HG9 and HG10. Following normal neighbour notification no objections have been received. The Coal Authority has indicated that the site is in a zone of influence of shallow workings although movement should now have ceased. The Transportation Section indicated opposition to the initial proposal of 9 units. Following discussion with the applicant a sketch layout was provided that limits the site to 6 flats and addresses points raised by the Transportation Section and the requirements of the Developer's Guide to Open Space. I therefore consider that the site can accommodate 6 flats and be developed in such a way as not to significantly impact on amenity or traffic safety.

102

Recommendation: Approve 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 development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the provision of public open space; (e) the details of, and timetable for, the hard and soft landscaping of the site; (f) details for management and maintenance of the areas identified in (c),(d) and (e) above; (h) the design and location of all boundary walls and fences; (i) the phasing of the development; (k) the provision of drainage works; (I) the disposal of sewage; (m) details of existing trees, shrubs and hedgerows to be retained; (n) details of existing and proposed site levels.

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

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 2 above, shall be made to the Planning Authority.

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

4. That notwithstanding the details submitted in respect of condition 2 above the footpath shaded GREEN on the approved plans should be widened to 2m to the satisfaction of the Planning Authority.

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

5. That before the development hereby permitted is completed or occupied, the existing vehicular access to the application site, marked ORANGE on the approved plans, shall be closed off and the ground, within the area formerly occupied by the access, shall, thereafter, be reinstated as a footway.

Reason: In the interests of traffic and pedestrian safety.

6. That notwithstanding the details submitted in respect of condition 2 above the radius kerb at the junction with Main Street and Lauchope Street outlined in BLUE on the approved plans shall be increased to 10.5m to the satisfaction of the Planning Authority.

Reason: In the interests of traffic and pedestrian safety.

104 7. That the open space details shall be in accordance with the Council's approved Developer's Guide to Open Space.

Reason: To ensure that the development provides an acceptable level of amenity.

8. That the housing layout shown on the plans hereby approved is purely indicative and does not form part of this outline consent.

Reason: To define the consent and enable the Planning Authority to consider these aspects as part of a Reserved Matters application.

Background Papers:

Application form and plans received 20th June 2002 and 21 August 2002

Memo from Transportation Section received 20 August 2002 Letter from West Of Scotland Water received 17th July 2002 Letter from British Gas Transco received 3rd July 2002 Letter from Scottish Power received 4th July 2002 Letter from The Coal Authority received 4th July 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

105 Application No: C/02/00824/OUT

Date Registered: 19th June 2002

Applicant: Mrs C McAllister Caravan Site Glenboig M L5

Development: Erection of Dwellinghouse (In Outline)

Location: Site South Of Ramoan House West Of 37-39 Whitelaw Avenue Glenboig Coatbridge Lanarkshire ML5 2PX

Ward: 33: North Central And Glenboig

Grid Reference: 272547668133

File Reference: C/PL/GBW51000037000/CM/LR

Site History: P90239 Proposed dwellinghouse refused 1991 95107 Proposed dwellinghouse refused 1995 and subsequently dismissed at appeal 1996 C/01/00971/FUL Proposed dwellinghouse refused 2001 Several cases of Enforcement Action in early 1990’s (see attached report

Development Plan: The site is covered by Green Belt Policy in the Adopted Monklands District Local Plan 1991 Contrary to Development Plan: Yes

Consultations:

Representations: 3 Letters of representation

Newspaper Advertisement: 3rd July 2002

Comments:

It is proposed to construct a detached dwellinghouse on vacant land at the western end of Whitelaw Avenue, Glenboig. The site measures approximately 50m x 40m and is zoned as Green Belt within the adopted Local Plan.

Three planning applications for a new dwelling house have previously been refused permission; firstly in 1990 then in 1995. This decision was appealed but dismissed by the Secretary of State in February 1996. The applicant submitted a further planning application last year and this was also refused planning permission. Consultations with the statutory undertakers were not sought in this instance as there were no objections raised under consideration of the previous application. Since then circumstances relating to the site or the Development Plan have not changed significantly and I must again recommend that planning permission should be refused for the reasons given below.

Further details on the proposal and site history can be found within the attached report. Should the Committee wish to grant planning permission, it should be noted that the Council must first of all refer the matter to the Scottish Executive for a decision on whether the application should be called in.

106 Glenboig Primary School

Ranning Application C/0200824/0UT Rcducd by rkshire Rnning and Ewlrmmnl Erection Dwellinghouse (In Outline) Eountll HDd mmr. of e11.90, Romlwbr. 2 Try# Read cvrlswN4uLD Site South of RamoanHouse West of h~podur(*orn$kOldn- pmmsm d k Cmbdh dSunwmqplwrlh hrW4-N I SI1m 37-39 Whitelaw Avenue Glenboig Coatbridge M228 616210 Far 0186 61Q32 9.L-v mn OClox" aW"L Not to Scale 2,%$2$Z$2EZZY'' C6 LlolnseLA0901lL Location of Objectors 107 Recommendation:

Refuse for the Following Reason:-

1. Refuse for the reason that the proposed dwellinghouse would be contrary to Policies GBI and HGIO of the Monklands District Local Plan 1991 and policy Stratl of the Glasgow and Clyde Valley Structure Plan 2000 in that it represents an incursion into the Greenbelt with no acceptable justification for a Green Belt release.

Note to Committee:

If approved the application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications)(Scotland) Direction 1997.

Background Papers:

Application form and plans received 19th June 2002 Letter from Mr J Colvan,22 Whitelaw Avenue, Glenboig received 24th June 2002. Letter from T Walker,39 Whitelaw Avenue, Glenboig, ML5 2PX received 25th June 2002. Letter from Fraser M Russel1,Ramoan House, 24 Whitelaw Avenue, Glenboig, ML5 2PX received 8th July 2002.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

108 APPLICATION NO. C10210082410UT

REPORT

1. Description of Site and Proposal

1.1.I Planning permission is sought for the erection of a single detached dwellinghouse, on land adjacent to 37-39 Whitelaw Avenue, Glenboig. The site measures 50 x 40 metres and lies on the west side of Whitelaw Avenue adjacent to the Ramoan housing area south of Glenboig. The property is surrounded on the north and east by houses whilst to the west and south lies open countryside. Hedgerows bound the application site on its north, south and west and by palisade fencing to the east. Immediately to the east of the site is footpath access to a children’s play area located some 30 metres to the south. Access to Glenboig Primary School is from a lane from Whitelaw Avenue 100metres to the east of the application site.

1.2 Although submitted in outline, the applicant has submitted indicative sketch plans showing an “L” shaped property within the site with access taken directly from the turning head at the western end of Whitelaw Avenue.

2. Development Plan

2.1 Policy Strat 1 of the Glasgow and Clyde Valley Structure Plan 2000 requires the continued safeguarding of the Greenbelt and presumes against spread of built up areas and the encroachment of development into the countryside

2.2 In terms of the adopted Monklands District Local Plan 1991 the site lies within an area designated as Greenbelt. Policy GB1 (Restrict Development in Greenbelt) states that no development will be permitted except for (amongst other things) new houses for full time workers in connection with forestry or agriculture. Policy HG10 (Residential Development outwith Residential Areas) states that new build residential development will not be permitted outwith existing residential areas unless it is justified under (amongst other things) Policy GB1 as noted above.

3. Planning History

3.1 Planning permission was sought in 1991 (Ref. P90239) and 1995 (Ref. No. 95107) for the erection of a single dwelling house at this site. In both instances planning permission was refused by the Council as the proposals were contrary to the development plan. The second application was also subject to an appeal to the Scottish Office, and this was dismissed in February 1996 for the same reasons. A further planning application (Ref. No C/O1/00971/0UT) was also refused planning permission by the Council.

3.2 There have been several instances of unauthorised development at the site resulting in Enforcement Action being taken by the previous Council. In the early 199O’s, Monklands District Council took Enforcement Action against the unauthorised importation of infill material, siting of a residential caravan and the erection of screen fencing. At the time of writing there are no breaches of planning control at the site at present and there are no Enforcement Notices pending.

109 4. Consultations and Rewesentations

4.1 The Coal Authority, British Telecom, Transco, and West of Scotland Water, all have no objections in principal to the proposal.

4.2 The Transportation Section has no objections to the proposal subject to conditions relating to the location and design of the site access.

4.3 In addition to the normal neighbour notification procedure the application was advertised within the local press as a potential departure to the development plan. Three letters of objection have been received from adjoining proprietors and their comments can be summarised as follows : . Property was bought in the area on the assumption that the surrounding land was Green Belt and that no further building could take place. Any new house would infringe on outlook and amenity of surrounding properties. . The proposed development would result in additional traffic on Whitelaw Avenue which would detract from highway safety. In particular the street is often congested and is the only entrance to Glenboig Primary School. The proposal is contrary to the Green Belt zoning of the development plan . The proposed house would detract from the rural character and amenity of the area

5. Plannina Assessment and Conclusions

5.1 Section 25 of the 1997 Town and Country Planning (Scotland) Act states that all planning applications must be determined in accordance with the development plan unless any other material considerations dictate otherwise. In this instance the proposal is within the Green Belt and relevant planning policies presume against new housing unless suitable justification can be provided. The applicant has not in this instance provided any justification for the granting of permission of a house in the Green Belt and as such the proposal must be deemed to be contrary to the development plan.

5.2 As noted above, the objectors fear that the house may present problems of highway safety. However, I am satisfied that the house can be accessed in a satisfactory manner and that Whitelaw Avenue could accommodate the traffic from one additional dwellinghouse. Accordingly, should planning permission be refused, I would recommend that highway safety should not be cited as a reason for refusal. Similarly, I would not accept the claim by objectors that the erection of a suitably designed house would in itself detract from the character or amenity of adjoining properties.

5.3 As noted above, the application site has already been the subject of three similar planning applications, all of which have been refused as they were contrary to policies within the Local Plan and Structure Plan. The refusal of permission was also the basis of an appeal which was dismissed by the Scottish Office in 1996. Since that time there have been no significant changes in circumstances at the site or planning policy regarding this proposal. I must therefore recommend again that planning permission be refused for the reasons noted above.

110 Application No: C/02/00830/F UL

Date Registered: 18th June 2002

Ap pl icant : RAL Limited Silbury House 368 Silbury Boulevard Milton Keyes MK9 2AF

Agent Linda Welsh Dundas & Wilson CS 191 West George Street GLASGOW G2 2LD

Development: Change of Use of Vacant Shop Unit to Mixed Use Comprising 760 sqft of Class 1 Use 780 sqft Gaming Centre and 940 sqft Ancillary Staff Facilities and Storage

Location: 103 Main Street Coatbridge Lanarkshire ML5 3EL

Ward: 34: Coatbridge Central

Grid Reference: 273398.6651 13

File Reference: C/PL/CTM030103/CM/LR

Site History: C/01/000778/FUL Change of Use to Gaming Centre Refused 2002 C/01/00078/FUL Change of Use from Public House to Shop granted 200 1 C/97/00520/FUL Change of Use from Public House to Shop granted 21 March 1998

Development Plan: The site is covered by policies COM 4 Secondary (Retail) Core Area and Env 15 (Conservation Area) of the Adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: 2 Letters of Representation

Newspaper Advertisement: 3rd July 2002

Comments:

Planning permission is being sought for a change of use of a vacant shop unit to a mixed class 1 retail unit and gaming centre with ancillary staff and storage facilities at 103 Main Street, Coatbridge.

111 112 Whilst the proposal conforms to the terms of the existing development plan I have concluded that there are other material considerations i.e. the Council investment programme in town centre improvement works and being contrary to national guidance that merits a recommendation to refuse planning permission in this instance.

Recommendation: Refuse for the Following Reasons:-

1. That the combined shop/gaming centre, being in part non-retail in use would be contrary to the aims of the Council's Town Centre investment programme which seeks to improve the Town Centre's attractiveness to potential visitors and retail investors.

2. That the combined shoplgaming centre would be contrary to the terms of NPPG 8 Town Centres and Retailing as it would potentially result in the close grouping of two non-retail uses within a principle shopping street.

Background Papers:

Application form and plans received 18th June 2002 Approved Glasgow and Clyde Valley Joint Structure Plan 2000 Adopted Monklands District Local Plan 1991 NPPG 8 Town Centres and Retailing Planning Appeal Decision Letter dated I0January 2002 Letter from JE Robertson,l07 Main Street, Coatbridge, ML5 3EL received 20th June 2002. Letter from Friels Solicitors & Notaries,5 Bank Street, Coatbridge, ML5 1AN received 27th June 2002.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

113 APPLICATION NO. C/02/00830/FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is being sought for a change of use of a vacant shop unit to a shop and gaming centre at 103 Main Street, Coatbridge. The premises forms part of a two storey terraced row of mixed commercial uses situated to the north side of Main Street, which is pedestrianised.

1.2 The front part of the premises (760 sq. ft) would operate as an unspecified retail unit with the proposed gaming centre occupying the remaining floor area (780 sq. ft). No details of any shop front have been included with the application however the developer has advised that a high quality retail frontage would be provided to the shop and gaming centre. The internal gaming centre area would have self closing doors with carpeted floor and suspended ceiling incorporating adequate sound insulation material. The gaming centre would hold 38 gaming machines and customers to the gaming centre part of the property would be restricted to 18 years and above.

1.3 As noted in site history, a previous application for the use of the entire unit as a gaming centre was refused earlier this year. An appeal to the Scottish Ministers was dismissed. The current application is an attempt to gain approval for a smaller scale gaming centre combined with an equal floor space of unspecified retail use.

2. Policv Context

2.1 The proposals require to be assessed under the relevant policies of the Glasgow and Clyde Valley Joint Structure Plan 2000 and the Adopted Monklands District Local Plan 1991. Also of relevance is the Government‘s advice on the location of amusement centres contained in National Planning Policy Guideline 8. “Town Centres and Retailing”( revised 1998). In addition to the policy considerations the Council’s ongoing Town Centre improvement Scheme would also have a bearing on the proposals.

2.2 National Planning Policy Guidance on Town Centre and Retailing (NPPG8) is of relevance to the considerations of the proposal. It is acknowledged that depending on the type of facility proposed, amusement centres can cause noise and disturbance particularly with the open front type favoured at traditional seaside resorts. The guidance suggests they would be best sited in secondary shopping areas or in areas of mixed commercial developments. They are unlikely to be accepted in primary shopping areas, close to housing, or near schools, places of worship, hospitals and hotels, or where they are likely to affect amenity adversely, especially in conservation areas. They may also be inappropriate below flatted property as the amusement centre might cause noise. It accepts that amusement centre types vary and local plans should give appropriate locational guidance with each case being considered on their own merits. The key element is to ensure there would be no significant loss of amenity as a result of the development. The guidance also suggests appropriate conditions to minimise an amusement centre’s impact by limiting opening hours, provision of noise insulation and self-closing doors, prohibition of external loudspeakers. Planning applications should be considered on their own merits.

2.3 Structure Plan: The scale of the proposal is not of strategic significance but of relevance is the thrust of Strategic Policy l(a) that gives priority to investment in town centres by Councils.

2.4 Local Plan: Under the terms of the Adopted Monklands District Local Plan 1991 the site is located within an area covered by policies COM 4 Secondary (Retail) Core Area and ENV 15

114 Conservation. Policy COM 11 is also relevant as this relates to bad neighbour uses. The application site lies within the secondary retail core area that allows a range of mixed-use proposals subject to other policies in the plan. In particular, Policy COM 11 accepts bad neighbour uses in Secondary (Retail) Core Areas provided there are no anticipated adverse effect on the amenity of local residents. The application site also is located within Blairhill and Dunbeth Conservation Area therefore any proposed change to the shopfront would require to meet the Council’s design guidance on conservation.

2.5 Town Centre Improvement Scheme: The premises fronts onto the principle shopping street in Coatbridge which is currently the subject of the Councils town centre improvement programme for Coatbridge. This programme which commenced last year set out to provide a quality shopping environment for shoppers and retailers. The overall aim is to encourage more people to use Coatbridge Town Centre and increase the town’s attractiveness to potential visitors and retail investors. The improvement scheme represents an investment in excess of €1 m by the Council in partnership with other agencies.

3. ConsuI tations and Representations

3.1 There were no external consultees involved in the consideration of the planning application.

3.2 The proposal raised 2 letters of objection and the material terms of objection can be fairly summarised as follows.

0 That the gaming centre element would detract from the amenity of the town centre 0 That if approved the proposal may set a precedent to allow other bad neighbour uses in the town centre 0 That the proposal detracts from the aims of the ongoing town centre improvement works 0 That the proposal is contrary to NPPG 8 as the site is close to a church 0 That the proposed use will encourage loitering and discourage shoppers 0 That there is an over provision of this type of use in the town centre 0 That the existing refusal and dismissed appeal should stand.

4. Plannina Assessment and Conclusions

4.1 Government Guidance (National Planning Policy Guidance NPPG8) recognises the positive contribution that certain non-retail uses, including leisure uses such as that proposed can make to town centres. The guidance suggests these provide diversity within town centres and support their vitality and viability. This said, the guidance also suggests these uses be better sited away from places of worship, areas with historical or architectural character or principle shopping streets such as Main Street. In addition such uses should not be detrimental to the amenity of any conservation area. Although the application site is located within a secondary core area it does occupy a prominent position on a prime-shopping street, mid way between the Asda Mall area and the Quadrant shopping centre. It is also located close to the main focal point of the town centre ie the junction of Main Street and St John Street which is overlooked by St Patrick’s Church which is a Grade B Listed Building. In addition the guidance suggests that mixed uses should not be grouped together. In this regard, planning permission was recently granted for an amusement centre at 99 Main Street following a successful appeal to the Scottish Ministers. If this current proposal was approved it may result in two amusement centres being located virtually next door to each other with both uses located on a principle shopping street. On balance it would be my view the proposal would not accord with NPPG 8.

4.2 The proposal involves a change of use within an existing town centre and as such I consider this is not at odds with the other wider strategic issues on retailing as noted in the Glasgow and

115 Clyde Valley Joint Structure Plan 2000. However the proposal is at odds with the main aims of the Council’s Town Centre Improvement Programme which is supported by Strategic Policy 1(a).

4.3 I consider it is appropriate to assess the proposal under the terms of COM 4 and COM 11 of the Monklands District Local Plan. The secondary retail core areas reflects areas of mixed uses including shop, offices, hot food shops, and other social entertainment uses. However this designation was made some time ago and with the development of the new Quadrant Centre the application site is located mid way between Asda Mall and the new shopping centre. Therefore although designated a secondary core area in the local plan the site faces onto a principle shopping route. Whilst an amusement or gaming centre is considered to be a “bad neighbour” entertainment facility I consider there is no anticipated adverse effect on the amenity of local residents because there are no residents in the vicinity of the premises. The premises are located within the conservation area but it is my view an appropriate shopfront design could be achieved to meet conservation guidelines. Therefore in strict policy terms the proposal is acceptable. However policy COM 4 should not in this case be used as a justification in accepting the proposal as there are other material facts that need consideration, such as the impact of the Town Centre Improvement Programme and the impact of allowing a cluster of gaming centres at this area.

4.4 The property has been vacant since July 1997 and was formerly used as a public house (Galleria). The above noted application for a change of use to Class 1 shop was approved in 1997 and this consent renewed in 2000. However, despite this encouragement there has been no retail interest. It is now almost four years since these premises had a viable use. The lengthly vacancy period of the former public house is noted but recent alterations to the unit have introduced a new shopfront although there is, as yet no occupier. Despite the sites COM 4 designation the shop unit fronts onto Main Street which as noted above is considered to be the prime shopping street in Coatbridge. Given this and despite the lengthy vacancy period I consider the Councils own comprehensive improvement programme will result in fresh interest from private retail investors. This site has the potential to contribute to the retail function of the town centre and I would suggest the current proposal be resisted at least until the positive benefits of the Councils improvement scheme have been allowed to develop.

4.5 In consideration of the type of amusement centre proposed it is my view that it would be unlikely to be detrimental to the amenity of the surrounding area. The sub-divided unit would be well insulated and customers would be over 18 years old. This type of facility would be similar to the existing amusement centre that operates at 46 Main Street Coatbridge. I therefore accept that the centre would be managed in an appropriate manner with no adverse impact on amenity.

4.6 Turning to the objections I would offer the following comments

0 The use of part of the premises as a gaming would be unlikely to detract from the attractiveness of the Town Centre as it would be located to the rear of a retail shop. 0 I do not accept that precedent would be set, as each proposal would be considered on its own merits. 0 I agree that the introduction of this use does detract from the aims of the town centre improvement works as this sets out to encourage or re-establish a class 1 shopping base within Main Street which is the principle shopping street. 0 As noted above (para. 4.2) I consider the proposal is not in accordance with national guidance on amusemenVgaming centres due to the potential concentation of this type of use in one area, its frontage onto a prime shopping area and its proximity to the main focal point of the town centre. 0 The proposed use is unlikely to encourage loitering or lead to shoppers being deflected away from the locus. This is not the case at the existing Amusement Centre in Main Street.

116 0 The over provision issue is normally a matter for the Licencing Authority however in this instance the potential concentration of this type of use in one area is material under the terms of NPPG 8.. 0 A previous appeal was dismissed by Scottish Ministers however the current application is materially different and requires to be assessed on its own merits.

5. Conclusion

5.1 It is accepted that the proposal generally accords with the development plan, however circumstances in the town centre have changed and the site is no longer considered to be within a secondary retail area. It is my view that there are further material considerations that merit a recommendation that planning permission should be refused.

5.2 In line with the main thrust of Strategic Policy 1(a) the Council has recently undertaken a comprehensive town centre environmental improvement programme that will be implemented over a three year period. This represents an investment in excess of f 1m and the overall aim is to encourage more people to visit Coatbridge Town Centre and increase Coatbridge's attractiveness to potential visitors and retail investors. Whilst the merits in attracting, retail complementary uses to town centres are generally supported by national guidance it is my view that the underpinning function of Main Street should be that of retail. The application site, although located in a designated COM 4 area faces onto Main Street and in my viewshould be well placed to attract fresh retail interest. It is noted the property has been vacant for a number of years, but I do not consider such a factor would justify allowing the use in this instance, indeed such a claim may be considered premature. The on-going investment programme by the Council will produce a high quality streetscape and reflect a confidence in towns future ability to attract new and retain existing businesses. I therefore consider the Council should resist this application to re-introduce a non-retail use at this part of Main Street. This would allow time for the town centre improvements to be realised, by attracting, potential retail interests to the town centre. This view was supported in the previous appeal decision letter dated 10 January (para. 27).

5.3 NPPG 8 generally supports a mix of uses within town centres as it is considered these can be complimentary to retail uses and add to the diversity of services that are provided within town centres. This said the guidance also suggests that these uses are better suited away from prime shopping streets and focal points and preferably should not be concentrated or clustered together. It is my view the proposal does not accord with this aspect of the guidance and there may be harm caused to the Council's aims of improving retail vitality.

5.4 Whilst size and scale of the gaming centre has been reduced from the previous proposal the principle reason in refusing planning permission has not diminished. Indeed with the recent appeal being allowed for a similar use at 99 Main Street, I now have concerns over an unacceptable clustering of this type of use on the principle shopping street should this proposal be granted planning permission.

5.5 In weighing up the above factors the proposal would be contrary to the longer term planning and general public interests. In this regard I consider there is sufficient justification to accept a departure from the terms of the local plan policy COM 4 and as such I would recommend that planning permission be refused.

117 Application No: C/02/00847/0UT

Date Registered: 2nd July 2002

Applicant: J. Duffy 17 Edward Street Bargeddie G69 7SX

Development: Residential Development (In Outline)

Location: Land South Of Deanstone Place Coatbridge Lanarkshire

Ward: 35: Sikeside And Carnbroe

Grid Reference: 274807662960

File Reference: C/PL/CTC232/DB/LR

Site History: No relevant applications

Development Plan: The site is covered by greenbelt policies contained in the Glasgow and Clyde Valley Structure Plan 2000 and the Monklands District Local Plan 1991.

Contrary to Development Plan: Yes

Consultations: Scottish Natural Heritage (Comments) S.E.P.A.(West) (Comments) West Of Scotland Water (Objection) British Gas Transco (No Objection) Scottish Power (No Objection) The Coal Authority (Comments) Scottish Wildlife Trust (No response) British Telecom (No response)

Representations: 11 Letters of Representation

Newspaper Advertisement: 1Oth July 2002

Comments:

This application relates to the erection of 26 semi-detached and 15 detached dwellinghouses, in outline, on land to the south of Deanston Place, Carnbroe. The site is characterised by semi-mature woodland and provides a barrier between the existing residential development and the surrounding countryside. Following neighbour notification and advertisement in the local press 11 letters of objection were received details of which are included in the attached report. Scottish Water and NLC Community Services have indicated objection to the proposal. The proposed development of 41 houses is located in an area of Greenbelt as defined in the Monklands District Local Plan 1991 and the proposed housing is a speculative development unrelated to any appropriate countryside use which would meet the terms of Policy GBI. In addition the proposal is not supported by justification in terms of shortfall in the land supply or specific locational need as required in relation to Strategic Policies 9 and 10 contained in the Glasgow and Clyde Valley Structure Plan 2000. I therefore consider that the proposal is contrary to the terms of the development plan and would result in a significant impact on this woodland environment.

118

Recommendation:

Refuse for the Following Reasons:.

1. That the proposed development is contrary to strategic policy 1 which presumes against the encroachment of development into the countryside and to policies 9 and 10 in the Glasgow and Clyde Valley Structure Plan 2000 in that there is no identified need for a residential development within this Greenbelt site, and that it would result in a adverse significant impact on the environmental quality of the site.

2. That the proposed development is contrary to Policies GB1 Restrict Development in Greenbelt, HG2 Private Sector Residential Development and HGI0 Residential Development Outwith Residential Areas in the Monkland District Local Plan 1991 as the proposed residential units; a) are unconnected with countryside activities and are not associated with use requiring a rural location; and b) are not required to meet a shortfall in the Established Land Supply.

3. That the proposed development is contrary to Policy LI1 Landscape Improvements in the Monkland District Local Plan 1991 in that the residential development would not promote the protection of or improvement to an area of good quality landscape.

If granted, this application will require to be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications )(Scotland) 1997 Direction

Background Papers:

Application form and plans received 18th June 2002

Letter from Scottish Natural Heritage received 16th July 2002 Letter from S.E.P.A.(West) received 20 August 2002 Letter from West Of Scotland Water received 13th July 2002 Letter from British Gas Transco received 10th July 2002 Letter from Scottish Power received 1 1th July 2002 Letter from The Coal Authority received 11th July 2002 Letter from Owner/0ccupier,l5 Deanstone Place, Carnbroe, Coatbridge, ML5 4AY received 25th June 2002. Letter from Sinclair McCormick & Giusti Martin Solicitors,Annfield Chambers, 3 Annfield Place, Duke Street, Glasgow G31 2XQ received 25th June 2002. Letter from Carolann Mullen, 5 Deanstone Place, Carnbroe, Coatbridge, ML5 4AY received 26'h June 2002. Letter from Morag MacKinnon,l Drummore Avenue, Carnbroe, Coatbridge, ML5 4AW received 26'h June 2002. Letter from Mr & Mrs I D Gilchrist,13 Deanstone Place, Carnbroe, Coatbridge, ML5 4AY received 26'h June 2002. Letter from Mr & Mrs S Grant, 11 Deanstone Place, Carnbroe, Coatbridge, ML5 4AY received 27'h June 2002. Letter from Mr & Mrs J Donnelly,3 Deanstone Place, Carnbroe, Coatbridge, ML5 4AY received 27'h June 2002. Letter from Matthew & Margaret Fleming,l Deanston Eplace, Carnbroe, Coatbridge, ML5 4AY received 26'h June 2002. Letter from Mr 8, Mrs J Scoular,l7 Deanstone Place, Carnbroe, Coatbridge, ML5 4AY received 28'h June 2002. Letter from Stephen McMahon,7 Deanstone Place, Carnbroe, Coatbridge, ML5 4AY received 2ndJuly 2002.

120 Letter from Robed and Fiona Johnston received 2 July 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

121 APPLICATION NO. C/02/00847/OUT

REPORT

1. Description of Site and Proposal

1 .I This application relates to the erection of 26 semi-detached and 15 detached dwellinghouses, in outline, on land to the south of Deanston Place, Carnbroe. The whole of the site proposed for the residential development is presently an area of deciduous woodland situated immediately to the south of Deanstone Place, and bounded along its eastern side by Carnbroe Road, and lies within the Greenbelt. This woodland has developed on the site of two former coal pits. Overhead Electricity power lines cross the western part of the site running in a north westerly/south-easterly direction.

1.2 The applicant proposes to access the site via either Deanstone Place or across open space on Drummore Avenue as shown on the indicative layout supplied.

2. Development Plan

2.1 Glasgow and Clyde Valley Joint Structure Plan 2000

Strategic Policy 1 Strategic development locations Strategic Policy 21 sets out the priority for investment and underlines the need for urban renewal and sustainable communities it indicates that the Local Plans shall define the boundaries and policies to safeguard the Green Belt.

Strategic Policy 9 Assessment of Development Proposals Strategic Policy 9 sets out the criteria to assess if a development accords with the Structure Plan. Any proposal that fails to meet these criteria is regarded as a departure from the Development Plan and requires to be justified against Strategic Policy 10. Schedule 9 indicates that any development of 10 or more houses in the Greenbelt is regarded as being significant.

Strategic Policy 10 Departures from the Structure Plan Strategic Policy 10 sets out the criteria by which departures from the Structure Plan are assessed: A) The need for the development in terms of: i. an updated assessment agreed by the Joint Committee of the supply and demand estimates used in the Plan; ii. clear evidence of a shortfall in the existing and planned supply of land for housing development in the appropriate Market Area; iii. requirements for affordable or social rented housing identified in a Strategic Housing Agreement or Housing Plan; and iv. specific locational need. B) i. Economic Benefit ii. Social Benefit iii Environmental Benefit

2.2 Monklands District Local Plan 1991

GB 1 Restrict Development in Greenbelt Within areas designated as Greenbelt no development will be permitted except for:

a) New houses for full time workers in connection with forestry or agriculture b) Non residential developments which conform with forestry or agriculture c) Uses requiring a rural location; and

122 d) Areas identified on the Local Plan as having a substantial development potential

Lllll Area of Good Quality Landscape The Council will promote the protection and improvement of the landscape in Monklands by methods appropriate to the quality of the existing landscape. Except where specific development opportunities have been identified, it will seek to divert development proposals away from these areas and to concentrate available finances for landscape improvements on poorer quality areas.

HG2 Private Sector Residential Development The Council will encourage the provision of additional private sector housing within the plan area. In determining the sites for new housing within the plan area the emphasis of the Local Plan is that; a) residential development should be geared towards infill and redevelopment sites within existing urban areas; b) in order to lessen the impact of housing on agricultural land; c) reduce pressure to develop the 'greenbelt'; and d) provide a mechanism for reinforcing and renewing the District's existing settlement pattern.

HGI0 Residential Development Outwith Residential Areas New build residential development will not be permitted outwith the existing residential area as defined by policy HG9, unless such development occurs on those Housing Sites identified by: a) the Council in the Local Plan; b) is a minor development in a Secondary Core Area; c) General Urban Area; d) small development site identified in Appendix 12; or e) is justified under policy GBI or GB2.

3. Consultations and Remesentations

4.1 Following neighbour notification and advertisement in the local press 11 letters of objection were received and made reference to the following points: a) the house was bought for the location and outlook onto mature woodland and the proposed development would remove this; b) the development would affect the value of the existing houses; c) the houses would lead to a loss of wildlife habitat and woodland d) the development would be accessed off of a cul-de-sac and would result in construction traffic, noise pollution, dirt, muck and fumes; e) new housing would result in increased traffic in the cul-de-sac and impact on traffic safety; f) the new access road would adversely impact on the existing driveways and services vehicles. g) power lines cross the site and the houses may be built below them? h) The development would be contrary to the Local Plan policies GBI and LI1

4.2 British Gas Transco and Scottish Power have no objections to the proposal.

4.3 Scottish Natural Heritage has no objections subject to conditions relating to the protection of protected species, habitats, existing footpaths/rights of way and provision of a 5m wide shelterbelt or extended hedgerow around the site.

4.4 The Coal Authority has indicated that the site is within the zone of influence of underground workings although ground movement should now have ceased. There are also 3 mine entries within 20 m of the site and appropriate technical advice should be sought before undertaking

123 any works on site.

4.5 West Of Scotland Water has objected to the proposal on the basis that the site is outwith the terms of the Local Plan and discussion would be required to ascertain whether mutually acceptable arrangements can be made to secure early provision.

4.6 NLC Community Services has objected to the proposal on the grounds that the existing alder, willow and birch woodland forms a buffer between the housing at Deanstone Place and the open agricultural land to the south.

4.7 The Transportation Section has indicated no objection to the proposal subject to conditions.

3.8 S.E.P.A.(West) Scottish Wildlife Trust and British Telecom made no response to the request for information.

4. Plannina Assessment and Conclusions

4.1 The proposed development of 41 houses is located in an area of Greenbelt as defined in the Monklands District Local Plan 1991 and the proposed housing is not required in respect to agricu1turaVforestt-y or a use requiring a remote location as required in terms of Policy GB1,

4.2 The proposed housing is not supported by justification in terms of shortfall in the land supply or specific locational need as required in relation to Strategic Policies 9 and 10 of the Glasgow and Clyde Valley Structure Plan 2000.

4.3 The woodland currently provides a defensible edge between the settlement of Carnbroe and the Greenbelt along with a varied habitat for wildlife. Policy LI1 promotes the retention and improvement of good quality landscape areas and therefore I consider the proposed development is contrary to this policy.

4.4 The comments from the neighbouring properties about traffic within the cul-de-sac would after the initial construction period be considered acceptable subject to the conditions proposed by the Transportation Section. The impact on value of property is not a valid planning consideration. The issues of the local plan zoning and environmental concerns have already been addressed above. Finally, The existing overhead power line would impact on any proposed layout should the consent receive outline consent.

4.5 In conclusion I consider that the proposed development is contrary to the terms of the development plan as set out in Strategic policies 1, 9 and 10 in the Structure plan and policies GBI and LI1 in the Local Plan and would result in a significant impact on the environment of this woodland setting. I therefore propose that the application be refused and an emergency TPO be promoted to ensure that the woodland is further protected.

124 Application No: C/02/00851/FUL

Date Registered: 19th June 2002

Applicant: Mr M Rea Clo Agent

Agent J McGoldrick 12 Heatherbank Walk Airdrie ML6 OHW

Development: Change of Use of Class 1 Shop to Hot Food Cafeteria and Take- Away

Location: 81 Main Street Coatbridge Lanarkshire ML5 3EH

Ward: 34: Coatbridge Central

Grid Reference: 273305.665126.

File Reference: C/PL/CTM03081/CM/LR

Site History:

Development Plan: The site is covered by Policies COM 3 Maintain Retail Core Area and ENV 15 Conservation Area of the Adopted Monklands District Local Plan 1991.

Contrary to Development Plan: Yes

Consultations:

Representations: None Received

Newspaper Advertisement: No Response

Comments:

Planning permission is being sought for a change of use of an existing Class 1 Shop to a Hot Food Cafeteria and Take-Away at 81 Main Street, Coatbridge. The premises form part of a row of 2 storey stone built terraced shops that are located on the north side of Main Street. The shop is currently occupied by McKay's clothes shop.

The submitted details indicate that internally the hot-food shop would include a seating area, servery, kitchen and toilet area. An external flue would be mounted on a rear external wall and extend approximately 600 mm above the roof eaves. No details of any alterations to the shopfront were provided.

Under the terms of the development plan the site is located within the retail core area where the aims of Policy COM 3 seeks to resist any further changes out of Class 1 retail use and seeks to encourage changes to Class 1. The proposal is therefore contrary to the terms of this policy and it is my view that there is no justification in allowing a departure from this policy in this instance.

125

The shop sits within the hub of the retail core area, there has been no vacancy period and a change of use out of class 1 would not accord with the aims of the Council's ongoing Town Centre Improvement Programme. These capital investment works seek to improve the centres' attractiveness to potential visitors and retail investors and allowing the loss of a class 1 shop from the hub of the town centre would not be acceptable.

There was no objection from either the Transportation or Protective Services Sections and there were no representations received.

Following consideration of the above matters I consider the proposal is unacceptable on policy grounds and recommend that planning permission be refused.

Recommendation:

Refuse for the following reasons

1. That the proposed change of use from a class 1 shop to a hot food cafeteria and take-away is contrary to the terms of Policy COM 3 Maintain Retail Core Area of the Adopted Monklands District Local Plan 1991.

2. That the proposed change of use is contrary to the aims of the Councils Town Centre Improvement Programme which seeks to improve the attractiveness of the town centre in the interests of retaining and encouraging retail investors and visitors.

Background Papers:

Application form and plans received 19th June 2002 Adopted Monklands District Local Plan 1991 Consultation Response from the Transportation Section received 30 July 2002. Consultation Response from the Protective Services Section received 18 July 2002.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

127 Application No: C/02/00875/F UL

Date Registered: 25th June 2002

Applicant: Hutchinson 3G UK 123 Vincent Street Glasgow

Agent Nigel Moore-Regional Planning Manager Spectrasite Transco Communications Ltd Room 120 - Ouseburn BuildingsAlbion Row - East Quayside Newcastle-Upon-Tyne NE6 ILL

Development: Erection of 15m High Telecommunications Mast and associated Cabinet and Compound

Location: Land South East Of Whitehill Farm Gartcosh Glasgow

Ward: 33: North Central And Glenboig

Grid Reference: 270169667420

File Reference: C/PL/CTG 150/DB/LR

Site History: No relevant planning history

Development Plan: This site is covered by greenbelt policies and Telecommunications Policy TELI in the Monklands District Local Plan 1991

Contrary to Development Plan: No

Consultations: The Radio Communications Agency (No Objection) Scottish Natural Heritage (Comments) Scottish Power (No Objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application relates to the erection of a 15m high monopole telecommunications mast at the Gas Governor Station south of Whitehill Farm, Gartcosh. Following normal consultation and notification procedures no objections have been received. The application is accompanied by a certificate of ICNIRP compliance and supporting statement justifying the choice of this site. The site of the mast is near to the electricity grid substation to the north of Woodend Loch and the skyline surrounding it is therefore dominated by several electricity pylons. I therefore consider that in this instance the addition of a significantly smaller structure than the pylons would not significantly impact on the visual amenity of the area and therefore recommend that the application be approved.

128

Recommendation: Approve 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. In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

Background Papers:

Application form and plans received 25th June 2002, 20 August 2002 and ?

Memo from Transportation Section received on 16 August 2002 Letter from The Radio Communications Agency received 12th July 2002 Letter from Scottish Natural Heritage received 13th July 2002 Letter from Scottish Power received 9th July 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

130 Application No: C/02/00879/ADV

Date Registered: 25th June 2002

Applicant: Score Outdoor (Scotland) Ltd 7 Seaward Street Paisley Road Glasgow G41 IHJ

Development: Erection of 2 x 48 Sheet Externally Illuminated Advertising Hoardings

Location: Land North West Of 234 Glenmavis Road Airdrie Lanarkshire

Ward: 45: New Monklands West

Grid Reference: 275108667495

File Reference: CIPLIGMG61 5234/CM/LR

Site History: C/99/01639/ADV Display of Wall Mounted Advert Refused 2000 C/99/01266/ADV Display of Two Wall Mounted Adverts Refused 1999.

Development Plan: The site is covered by the general urban area policy in the local plan.

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Planning permission is being sought for the erection of two 48 sheet advertisement hoardings at a site locate on the corner of Glenmavis Road and Coatbridge Road, Glenmavis. The site is located within a mixed commercial and residential area within the centre of this small village. When taken together the hoardings would measure 12.2 metres in length and 3.0 metres in height. The hoardings would be externally illuminated by an overhead trough light. The hoardings would consist of steel panels mounted on a timber framework and be coloured a mix of teal (blue) and white. The proposal would also include the erection of screen fencing to the rear of the site. In support of the application the applicant has advised that the residents are in support of the proposal as this would add to security and stop incidents of fly tipping.

The hoardings would be erected on the heel of the public footway along part of Glenmavis Road and they would partly screen off an area of ground located to the front of the gable wall of the adjacent Post Office. The rear of the hoardings would be visible from public footway on Coatbridge Road.

The gable wall of the adjacent Post Office and ground to the side of this are in reasonable condition and the proposal does not in my view provide any positive or essential environmental improvement to

131 the locus. There was little evidence of fly tipping at the site and the erection of screen fencing to the rear of the Post Office is unrelated to the hoardings proposal. Indeed such a security fence could be provided by residents without the need for the hoardings. I consider the scale and positioning of the hoardings would be overbearing and brash within the setting of the local streetscape. They would detract from recent positive improvements realised by the new commercial and residential development constructed on the opposite side of the road.

Whilst the Transportation Section had no objection to the proposal it is noted that the hoarding proposal affected a visibility splay to an existing access and that the lighting may cause a distraction to approaching drivers. In addition the maintenance of the hoardings may have led to an obstruction on the public footway. It is accepted that the applicant may well have been able to amend the positioning of the hoardings to meet these concerns, however this would not lead me to outweigh my principle concerns over the impact of the signs on the local village streetscape.

This notwithstanding, by virtue of the hoardings overbearing scale, positioning and impact on this village corner they are in my view unacceptable and are considered to be contrary to the Council's design guidance. It is therefore recommended that planning permission be refused.

Recommendation:

Refuse for the reason that the advertisement hoardings do not achieve any environmental improvement at a site that would not benefit from screening. The scale and positioning of the hoardings would have an overbearing and harsh impact on the local streetscape and would be detrimental to the visual amenity of this recently improved village focal point. As such the proposal is considered to be contrary to the Design Guidance for Advertisements in the Adopted Monklands District Local Plan 1991.

Background Papers:

Application form and plans received 25th June 2002

Consultation from Transportation Section received on 30 July 2002

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

133 Application No: C/02/00928/FUL

Date Registered: 5th July 2002

Ap p Ii can t : Mavisbank Properties Ltd 28E Bell Street Airdrie ML6 OBA

Agent R L Waugh 2 Dixon Place College Milton East Kilbride G74 5LF

Development: Conversion of Domestic GaragelStore to Dwellinghouse (Part Retrospective)

Location: 2 Alexander Street Airdrie Lanarkshire ML6 OBA

Ward: 41: Whinhall

Grid Reference: 275856.665381.

File Reference: C/PL/AIA4352/CM/LR

Site History: C/99/00884/AMD Amendment to Garage/Store Granted 15.10.99 C/97/156/FUL Extension to Garage to form Store Granted 4.6.97 92/252 Erection of Domestic Lock-Up Garage Granted 23.7.92

Development Plan: The site is covered by residential and conservation area policies of the Adopted Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: British Gas Transco (No objection) Scottish Power The Coal Authority (No objection) British Telecom (No objection) West Of Scotland Water (No objection)

Representations: 6 Letters of Representation

Newspaper Advertisement: 17 July 2002

Comments:

Planning permission is being sought for the conversion of a garagehtore to a 2 storey detached dwellinghouse located to the rear of 2 Alexander Street, Airdrie. The proposal does not accord with the Council's design guidance and if allowed would lead to increased parking congestion in Sword Street and be detrimental to residential amenity as the building is overlooked by the adjacent flats. The plot is not large enough to support a dwellinghouse and would have insufficient private garden ground.

134 Planning Application C/OZOO928/FUL Jbnning and Ewironrrem gadwaters Sute 501 Flemng House Conversion of Domestic GaragelStore to 2Tryst Road Dwellinghouse (Part Retrospective) XlMBEFNAULD Spolvd homfb Ob- Surv.ym4dmYlh 267 IJW hpmraimdhCatdladhrU~WI I1236616210 Fax 01238616232 2 Alexander Street Airdrie 3s Licmce LA W1L A number of objections were also received from neighbouring residents and their objections can be sustained in this instance. It is recommended that planning permission be refused.

Recommendation:

Refuse for the reason that the proposed dwellinghouse does not accord with the terms of either Policy HG 9 (Housing Policy for Existing Residential Areas) or ENV 15 (Conservation Area). The proposal is considered to be an over development of the site in that it has insufficient private garden ground, unsatisfactory parking arrangements and is too close to existing properties. Privacy for the proposed and existing residents would be significantly compromised and the design and form of the building would be detrimental to residential and visual amenity.

Background Papers:

Application form and plans received 5th July 2002

Letter from British Gas Transco received 4th July 2002 Letter from The Coal Authority received 25th July 2002 Letter from British Telecom received 24th July 2002 Letter from West Of Scotland Water received 30th July 2002

Letter from Anne Robertson,2 Sword Street, Airdrie, ML6 OBU received 10th July 2002. Letter from Mrs Margaret Love,l6 Sword Street, Airdrie, ML6 received 22nd July 2002. Letter from Mr & Mrs James Nicol,lO Sword Street, Airdrie, ML6 received 18th July 2002. Letter from Mrs E. Shields,26 Bell Street, Airdrie, ML6 OBS received 18th July 2002. Letter from John Innes,'Hazelbrae', Sword Street, Airdrie, ML6 OBU received 17th July 2002. Letter from Doris McBride,4 Sword Street, Airdrie, ML6 OBU received 25th July 2002.

Any person wishing to inspect these documents should contact Colin Marshall at 01236 812376.

136 APPLICATION NO. C/02/00928/FUL

REPORT

1. Description of Site and Proposal

1.1 Planning permission is being sought in part retrospect for the conversion of a large garage/storeroom to a dwellinghouse at a site located to the rear of 2 Alexander Street, Airdrie. The building sits to the rear of a block of tenement flats located on the corner of Alexander Street and Bell Street, Airdrie. The building subject to the current conversion works consists of a detached garagehtore that faces onto Sword Street, Airdrie. The building was first erected as a domestic garage in 1992 and was subsequently extended by the applicant in 1997. This added the attached storage area. In 1999 the building was again altered to increase its roof pitch.

1.2 The proposed dwellinghouse would have an open plan interior with the provision of two upper floor bedrooms (one with en-suite showerldressing room) with open plan living area, kitchen, utility room, hall, porch and bathroom on the ground floor. The main outlook from the building would be from a stair window facing along Sword Street. The existing garage door facing Sword Street would be closed off and replaced with a rear doorway. This would open directly onto Sword Street with no rear garden area. A vehicular access would be taken from Bell Street. New doors and windows would be formed to external walls and 6 large rooflights formed to the double pitched roof. The building would be finished in a white render to external walls and concrete roof tiles to the double pitched roof.

2. Development Plan

2.1 Under the terms of the Adopted Monklands District Local Plan 1991 the application site is located within an area covered by residential and conservation area policies.

3. Consultations and Representations

3.1 There were no adverse comments from the consultees.

3.2 There were 6 letters of objections from surrounding neighbours and the material terms of the objections can be fairly summarised as follows.

0 That the proposal would lead to increased parking congestion in Sword Street to the detriment of pedestrian and traffic safety. 0 That the building would cause overshadowing of a garden area. 0 That the site is too small to support a dwellinghouse, its design is not in accordance with design guidance and would be detrimental to visual amenity. 0 That the dwellinghouse is too close to other existing properties. 0 That the existing building has not been constructed in accordance with the previously approved plans.

4. PIan ni nn Assessment and Co nc Iu si0 ns

4.1 The application site is located within an existing residential area situated within the Victoria and Town Centre, Airdrie Conservation Area. Therefore the proposal needs to be assessed under the terms of Policies HG 9 (Housing Policy for Existing Residential Areas) and ENV 15 (Conservation Area) and any other material considerations.

4.2 Under the terms of Policy HG 9 proposals for the conversion of buildings to residential use or for housing infill require to conform to the relevant Development Control Advice. The site is

137 located within a conservation area and the respective design guidance on conservation also needs to be examined.

4.3 Whilst conversions and infill proposals can be considered acceptable in principle there are a number of matters which need to be taken into account when considering whether permission should be granted. Such sites should be large enough for the house and private garden ground. The proposal should not harm the character of an established area, particularly in a conservation area. Moreover there should be no detriment to the amenity of the surrounding area or indeed to the existing or future residents of the proposed dwellinghouse by virtue of loss of garden, privacy or sunlight. In addition vehicle access and parking arrangements should be satisfactory. The Design Guidance also suggests that in the case of conversions of existing outbuildings the building should have more than 40 square metres of floor space. There should be no detriment to the character of the conservation area through inappropriate scale, design or finishing materials. A certain degree of privacy should be maintained to all existing and proposed residents and satisfactory arrangements should be made for vehicular access.

4.4 Turning to the proposals the following factors can be noted. The existing building has been extended incrementally over the last 10 years, firstly as a domestic garage, then extended to form a domestic garage and storeroom and then latterly increased in height and provided with a double pitched roof. In each instance the building has been considered as an ancillary use in association with a flat at 2 Alexander Street, Airdrie. Works to convert the garagektore to a dwellinghouse have been ongoing on an unauthorised basis since May this year. The applicant only now seeks planning approval in retrospect for the conversion works following complaints by residents.

4.5 As noted above the building is now two storey in height and sits immediately adjacent to the turning area at Sword Street cul-de-sac and is surrounded by existing residential properties in Bell Street and Sword Street. The building occupies most of the plot with a driveway extending to Bell Street. There is limited amenity space and this falls far short of the 10 metres required by the design guidance. The building design has been extended over a number of years and this has not led to a sympathetic design that may otherwise accord with the character of the conservation area. The roof pitch is too shallow and the roof is now dominated by six large rooflights. The shape of the building is not traditional in form but is designed to make maximum use of the available plot. The new window openings have been provided to suit the modern interior layout and do not reflect a more traditional aspect that might be found on a more traditionally designed outhouse. The upper flats situated in the Bell Street tenements are only 6 metres away and these overlook the building. Indeed it is possible for the existing residents in these flats to look directly into the roof space, bedrooms and open plan living area by virtue of the large rooflights. Arguably the future residents would be able to look up into the existing flats from the bedrooms. Clearly this is a significant loss of amenity to existing residents and indeed would be detrimental to the privacy of the proposed dwellinghouse.

The proposals indicate that a vehicular access would be provided from Bell Street, however vehicles would need to reverse onto this street which is one way and has waiting restrictions. This may off-set the current parking problems currently experienced by existing residents in Sword Street however a doorway onto Sword Street would be retained and it is likely any occupant of the new house would have an option to park in Sword Street subject to available space. On balance I consider the provision of an access onto Bell Street would be a slight improvement over the existing position of the garage facing onto Sword Street.

4.6 Whilst the existing building exceeds the minimum floorspace requirement for conversions the building does not in my opinion conserve the character of the residential area. Most buildings are either traditional tenemental flats or post war local authority terraces finished in either stone or render with traditional slate roofs. The building is non-traditional in form and scale and is out of keeping with the rear of the tenement flats. Moreover privacy has been compromised, both to the existing residents but more significantly to anyone living in the building. The adjacent flats

138 are higher than the proposed dwellinghouse, are only six metres away and immediately overlook the main bedrooms which in my view represents a significant flaw in the proposal.

4.7 Turning to the terms of objection I would offer the following comments:

The existing garage faces onto Sword Street and at the moment contributes to the parking problems experienced by the surrounding residents. The proposal would remove the garage door access from Sword Street and replace this with a rear door. A vehicular and pedestrian access would be formed from Bell Street and this may assist with the on-street parking problems in Sword Street. However the rear doorway would be retained onto Sword Street and this could be used by residents of the new house thereby adding to the congestion. Therefore on balance the conversion of the garage to a dwellinghouse may exacerbate the current unsatisfactory position and lead to further detriment to road safety. The form of the building has not changed significantly since planning permission was granted for the increase in roof pitch therefore this current proposal would not lead to any further over-shadowing of this garden area. I would agree that the site is not large enough to support a dwellinghouse as there is insufficient garden area and the building is to close to other residential properties to such a degree that privacy is significantly affected. The building is as noted above non traditional in form and does not maintain the character of the conservation area. I agree that the proposal does not conform to the design guidance. I agree that the building is too close to other residential properties to the detriment of residential amenity. It is noted that some aspects of the building do not conform to the terms of the existing planning permission.

4.8 In conclusion I consider the proposal to be unacceptable as there are many aspects to its positioning, scale and finish that do not accord with the terms of the Councils Design Guidance. Moreover there would be a significant loss of privacy for anyone living in the proposed dwellinghouse as it is overlooked by existing tenemental flats that are only 6 metres to the east. The formation of a permanent residence at this locus would also in my view lead to increased parking congestion in Sword Street despite the formation of a vehicular access from Bell Street. The building design and form does not maintain the character of the conservation area. The site is not large enough to support dwellinghouse as there is insufficient amenity space and the site is therefore considered to be an overdevelopment of the plot. Having considered all of the above material considerations it is my view that the proposal is unacceptable and therefore recommend that planning permission be refused.

139 Application No: C/02/00996/FUL

Date Registered: 23rd July 2002

Applicant: 02 (UK) Ltd. 260 Bath Road Slough SL1 4DS

Agent Walker Fraser & Steele 125 Buchanan Street Glasgow G1 2JF

Development: Erection of 15M High Telecommunications Tower and Associated Cabinet and Compound

Location: 7 Hollandhurst Road Coatbridge Lanarkshire ML5 2EG

Ward: 33: North Central And Glenboig

Grid Reference: 2728 15 666407.

File Reference: C/P LETH 630/D B/L R

Site History: No relevant history

Development Plan: This site is covered by industrial policies and Telecommunications Policy TELI in the Monklands District Local Plan 1991

Contrary to Development Plan: No

Consultations: The Radio Communications Agency (No Objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application relates to the erection of a 15m high telecommunications mast in the yard of Essbee Coaches, 7 Hollandhurst Road, Coatbridge. The site is located in an industrial area some 300m away from the nearest residence. The site is zoned ECON2 Existing General Industrial Area in the Monklands District Local Plan 1991. The proposal is assessed in terms of Policy TELI Telecommunications developments, which identifies the criteria by which such developments should be considered against. No objection has been received following neighbour notification or consultation. The proposal is supported with the relevant "ICNRP Declaration" of safety. In terms of policy TELI the site was chosen having looked at 6 other alternative sites. These were discounted due to either lack of owner agreement, the Council moratorium, or inability to share an existing mast. The application site is in an industrial area and the mast would be partially screened by the existing trees and other structures in the vicinity of the site. I do not therefore consider that the siting of the mast at this location would significantly impact on visual amenity and the proposal is in line with the relevant local plan policy. Accordingly I recommend that planning permission should be granted.

140 141 Recommendation: Approve 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. In event that the equipment hereby approved becomes redundant it shall be removed and the site reinstated to the satisfaction of the Planning Authority within one month of the equipment becoming redundant.

Reason: To ensure restoration of the site to a satisfactory standard.

Background Papers:

Application form and plans received 23rd July 2002

Memo from Transportation Section received 14th August 2002 Letter from The Radio Communications Agency received 31st July 2002

Any person wishing to inspect these documents should contact David Baxter at 01236 812372.

142 Application No: C/02/00998/FUL

Date Registered: 8th August 2002

Applicant: Sinclair Upton 15 Merrystone Court Coatbridge ML5 1NB

Development: Siting of Mobile Snack Van

Location: Car Park Faraday Retail Park Coatbridge Lanarkshire

Ward: 34: Coatbridge Central

Grid Reference: 273537664658

File Reference: CTS3901Faraday Retail Park/GL/LR

Site History: C/OO/OO931/FUL Siting of Mobile Snack Van 27.09.2000

Development Plan: The application site is covered by Economic Activity and Transport and Communication policies in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: 21st August 2002

Comments:

This application relates to the renewal of a temporary consent for the siting of a snack van within the car park of Faraday Retail Park. Previous application C/00/00931lFUL was granted planning permission for a period of two years with permission due to expire on 27th September 2002. The application site is zoned Econ 8 General Urban Areas and TRIO Encourage off Street Parking Provision in the Monklands District Local Plan 1991. The Retail Park has however been established for some time.

It is noted that the car park layout has recently changed with the construction of the Big W store. The proposed location of the snack van is therefore different to that established under the previous permission, although it's presence has been established in the general location over the past two years. The principle of continuing this use is considered acceptable with no significant detriment or demonstrable harm to the amenity of the area envisaged. No road safety concerns have been raised after consultation with the Transportation Section. It is also noted that following normal notification procedures no objections have been lodged.

In light of the temporary consent already in place and the non-objection from the Transportation Section it is considered acceptable to continue this use for a further two years, at which time the situation can be given further review. It is there for recommended that planning permission be granted subject to appropriate conditions.

143 144 Recommendation: Grant Subject to the Following Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on llth September 2004.

Reason: To allow the Planning Authority to retain effective control and assess the impact of the development over the temporary permitted period.

Background Papers:

Application form and plans received 8th July 2002

Any person wishing to inspect these documents should contact Gordon Liddell at 01236 812374.

145 Application No: C/02/01088/ADV

Date Registered: 8th August 2002

Applicant: The Sofa Warehouse (Scotland) Ltd lmex Business Centre 260 Main Street Coatbridge ML5 3RS

Development: Erection of Advertising Sign

Location: 260 Main Street Coatbridge Lanarkshire ML5 3RS

Ward: 34: Coatbridge Central

Grid Reference: 274477664808

File Reference: CTM750260AJlLR

Site History:

Development Plan: The site is covered by Policy ECON 2 : Existing General Industrial Area in the adopted Monklands District Local Plan 1991. Policy ENV 14 (E) is also relevant.

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Consent is being sought for the erection of a non- illuminated advertisement panel which will be affixed to the existing stone wall which is positioned along the road frontage of the site addressed as 260 Main Street, Coatbridge. The sign is to be sited on the south footway of Main Street at a prominent road frontage location and is to be positioned on top of the stone wall . Externally the advertisement unit will measure 2.44 metres (width) by 1.22 metres (height) and will be constructed of foamex sheeting with cream coloured background and burgandy coloured vinyl lettering.

Applications of this nature primarily require to be considered in terms of amenity and road safety. Local Plan Policies and other guidance available at either national, or local levels are also relevant and should be given due consideration. The adopted Monklands District Local Plan 1991 states that although the Council recognises the important role that advertising can play in improving the environment, measures will be taken to ensure that all forms of advertising, their location, scale and design do not result in the loss of general amenity. Policy ENV 14(E) of the Local Plan requires that signs and hoardings conform to the Council’s Design Guidance on Advertisements.

The approved Design Guidance on Advertisements is specific with regard to advertising signage in that these will generally only be permitted “on suitable sites in town centres, where the signage would result in the temporary screening of a particularly unattractive site or produce general environmental

146 Works

R.pl~-h.mtkOidnrr.Sun*mipdg*Ih S67 lJW thprmiuiad~ContrdlrdhrHlirtl. 31236616210 Fax 01236616232 260 Main Street Coatbridge Not to Scale ~~~~~~~~~~~~~~C,~"~~,,~~~ .rrl m.y~.dI~pn.r"~Icirllp~~lnp 3s Licence LA oB041L 147 improvements. Signs will not be permitted which are considered to detract from amenity or public safety”. When considering applications of this nature detailed assessment will include to include the following specific factors. a. No advertisement will be allowed which would distract drivers or be a road safety hazard. b. Signs or hoardings will generally not be permitted in completely residential areas or on gables of flatshenements properties. C. Signs or hoardings should not be placed in Conservation Areas. d. Signs or hoardings should not be located in landscaped areas in the countryside or on the perimeter of public parks or open spaces as they would adversely affect the amenity of the area. e. Free standing signs or hoardings will generally not be permitted on a site where there is no immediate background.

Having regard to the provisions of the Design Guidance, as detailed above, it is seen that the proposed advertisement is sited outwith a Town Centre location,is not of a type which would screen (temporarily) a particularly unattractive site and is not associated with any general environmental improvements. In addition, the positioning of the sign in an isolated and prominent road frontage location and with no immediate background is also contrary to the Design Guidance and detrimental to the general amenity of the surrounding area.

Taking into account the foregoing I consider that the proposal is clearly detrimental to amenity and road safety when viewed in terms of Policy ENV14 of the adopted Local Plan given its prominent road frontage location. Therefore I recommend that the application be refused for the reasons attached.

Recommendation: Refuse for the Following Reasons:-

1. That the advertisement is detrimental to amenity in that it is outwith the Town Centre, would not result in the temporary screening of a particularly unattractive site, nor produce any general environmental improvements and is positioned on a prominent road frontage with no immediate background.

2. That the advertisement, due to its positioning on a prominent road frontage would represent a visual distraction to drivers on the A89 which is a main route through Coatbridge.

Background Papers:

Application form and plans received 5th August 2002 Adopted Monklands District Local Plan 1991.

Any person wishing to inspect these documents should contact lan Johnston at 01236 812382.

148 Application No: C/02/0 1092/N ID

Date Registered: 5th August 2002

Applicant: NLC Community Services Time Capsule 100 Buchanan Street Coatbridge ML5 IDL

Development: Construction of Concrete Recreational Skate Park, Multi Sport Court and Associated Boundary Fence, Floodlights and Parking Area

Location: Airdrie Leisure Centre Motherwell Street Airdrie Lanarkshire ML6 7HP

Ward: 43: Airdrie Central

Grid Reference: 277305666073

File Reference: CIPLIAI M850/GL/ES

Site History: C/01/01337/FUL - 23.01.2002

Development Plan: The application site is covered by Public Open Space Policy (LR11) in the Monklands District Local Plan 1991.

Contrary to Development Plan: No

Consultations: West Of Scotland Water (No reply) British Gas Transco (No objection) Scottish Power (No objection) The Coal Authority (No objection)

Representations: 4 Letters of representation, one containing 11 signatories

Newspaper Advertisement: 21St August 2002

Comments:

This application relates to the construction of a concrete recreational skate park, multi sport court and associated boundary fence, flood lights and parking area. It is also proposed to incorporate CCTV into the facility. The application has been advertised as a Notification of Councils Intention to Develop.

In terms of policy context the application site is zoned LRll Improve Public Open Space in the Monklands District Local Plan 1991. In this area the Council aims to protect existing public open space from inappropriate development and upgrade existing large areas of public open space. The site currently comprises a blaze pitch along the east boundary of Rawyards Park, south of the existing access. The Airdrie Leisure Centre is also in close proximity and this facility would utilise the same access. Additional parking provision is proposed. The facility is intended to operate on an informal basis although it's location in close proximity to an existing leisure facility allows use of established parking,

149 Foolball Pilch

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The application complies with the policy zoning for this particular area and is therefore considered acceptable in principle. Subject, to the submission of a number of details for further consideration such as finalised parking and access, method of lighting and appropriate screening it is envisaged that the facility will not have an unreasonable detrimental effect on the surrounding area or closest residents. One letter of objection, with 11 signatories has been received details of which are contained in the attached report. These objections are not considered to offer significant enough reason for refusal in planning terms. Three letters of support have also been received.

In light of all relevant planning considerations it is recommended that planning permission be granted subject to conditions. This application is a Notification of Intention to Develop by the Local Authority. As objections have been received the application requires referral to the Scottish Executive if 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, details of a scheme of parking, manoeuvring and access, to current Transportation Section specification, shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be necessary.

Reason: In the interest of road safety.

That before the development hereby permitted is brought into use, all areas covered by the scheme, approved under the terms of condition 2 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 such parking, access and manoeuvring areas.

Reason: In the interest of highway safety,

That before the development hereby permitted starts details of the proposed lighting and CCTV shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be necessary.

Reason: In the interest of amenity.

That before any development starts, further details of all fencing associated with the development (both perimeter fencing and fencing associated with the multisport court and skate park) shall be submitted to and approved in writing by the Planning Authority, including any modifications as may be necessary.

Reason: In the interest of amenity.

151 That before the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:-

details of a scheme of landscaping, incorporating details of the location, number, variety and size of trees and shrubs to be planted for the areas hatched red on the approved plans; details of the grass bank illustrated on the approved plans; details of any hard landscaping, grass seeding and turfing; 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; details and cross sections of the levels of the facility and terraced embankment; details of the phasing of these works.

Reason: In the interest of amenity and highway safety.

That within one year of the completion of the development hereby permitted, all hard landscaping, 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 two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: In the interest of amenity and road safety.

NOTE TO COMMITTEE

If granted, this application will require to be referred to the Scottish Ministers in accordance with the Town & Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981, as amended.

Background Papers:

Application form and plans received 5th August 2002

Memo from Protective Services Section received 21st August 2002 Letter from British Gas Transco received 20th August 2002 Letter from Scottish Power received 20th August 2002 Letter from The Coal Authority received 21st August 2002

Letter from June Greer & Signatories, No. 15 Drumbathie Terrace, Airdrie, ML6 7EU received 20th August 2002 Letter from North Lanarkshire Extreme Sports Society, Clo 3 Cairnhill Avenue, Airdrie, ML6 9HQ received 12th August 2002 Letter from the Doris Family, 3 Cairnhill Avenue, Airdrie, ML6 9HQ received 22ndAugust 2002 Letter from Margaret Gallacher, Gartverrie Lodge, Burnlip Road, Airdrie, ML6 OPL received 27'h August 2002

Any person wishing to inspect these documents should contact Gordon Liddell at 01236 812374.

152 APPLICATION NO. C/02/01092/NID

REPORT

1. Description of Site and Proposal

1.I This application relates to the construction of a concrete recreational skate park, multi sport court and associated boundary fence, flood lights and parking area. The compound also incorporates an open area of hardstanding (meeting arealevent space with hard landscaping), the formation of terracing around the facility, improved paths and CCTV. The facility is intended to operate on an informal basis although it's location in close proximity to an existing leisure facility allows use of established parking, toilets, vending facilities.

1.2 The site currently comprises a blaze pitch along the east boundary of Rawyards Park, south of the existing access. This proposal extends over the full extent of the exiting blaze pitch. There is currently a bank around this pitch with a degree of screen plant along the boundary of the site with Motherwell Road. The Airdrie Leisure Centre is also in close proximity and this facility would utilise the same access.

2. Development Plan

2.1 In terms of policy context the application site is zoned LRI 1 Improve Public Open Space in the Monklands District Local Plan 1991. In this area the Council aims to protect existing public open space from inappropriate development and to upgrade existing large areas of public open space. As a Notification of Intention to Develop the proposal has been advertised in the lacy: press in addition to normal notification procedures. The period for representation ends on 10 September 2002 and any representations received in the interim will be treated under the late representation processes with Committee informed as appropriate.

3. Consultations and Representations

3.1 The Transportation Section consider that the proposals will not result in a significant impact on highway safety. There is a significant leisure and recreation use already established in the park and this proposal replaces an existing blaze pitch. The facility is to be accessed from the existing main access to the leisure centre. A condition is attached requiring the submission of details of all access improvements and parking and manoeuvring provisions for further consideration including modification as necessary. It is considered that the site can accommodate this new use with scope within the existing park for additional parking as required.

3.2 Both Scottish Power and Transco indicate no objection to the proposals although provide information on the location of their respective plant in the vicinity. This information is to be passed to the applicant.

3.3 The Protective Services Section have advised that the enforcing authority would be the Health and Safety Executive. An advisory note is attached highlighting that the proposals must also meet with Health and Safety Health Executive regulations and legislation.

3.4 The Coal Authority indicate no objection to the proposals although stress that a prudent developer would seek appropriate technical advice. This is also attached as an advisory note.

3.5 One letter of objection, with 11 signatories from 6 households on Drumbathie Terrace has been received. The objections cover the following points;

153 3.6 Noise - That residents have experienced noise disturbance with past events such as fairs being held at the location;

3.7 Crime - That there have been incidents of crime in the vicinity

3.8 Loitering - That there has been experience of loitering and incidents with youths in the vicinity with youths entering the gardens of 15 & 16 Drumbathie Terrace as a thoroughfare to the park. Also incidents of anti-social behaviour and vandalism.

3.9 Fighting - That there have been incidents of gang fighting in the park and the proposal will escalate this problem.

3.10 Cars - Difficulties from drivers using Drumbathie Terrace for parking during events in Rawyards Park.

3.1 1 In addition to the objections three letters of support have also been received. The comments of support are as follows;

3.12 Safe alternative to skating on the streets

3.13 Requirement for a facility of this nature as popularity of the sport/activity grows

3.14 Facility closer to home and beneficial to the local area with closest similar facility in Livingston.

4. Plannina Assessment and Conclusions

4.1 This application should be assessed against the policies contained in the Monklands District Local Plan and other material considerations. There is an established leisure and recreation presence within Rawyards Park with the existing Airdrie Leisure Centre, a BMX Track and floodlight football pitches. Members may also recall previous application 01/01 337/FUL, which granted planning permission for a set 5-aside pitches on a site behind the leisure centre. In this instance the skate park and multisport court proposal replaces an existing blaze pitch. It is considered that this proposal remains in line with the existing uses within the park and is therefore acceptable from a policy perspective. The relevant policy aims to protect the existing public open space from inappropriate development and to upgrade existing large areas of public open space. This proposal improves on the existing facilities available.

4.2 It is also imperative to give consideration to the impact that the development will have on the surrounding area, particularly for people who reside in the area. The first point of objection relates to noise impact with "past events such as fairs being held.. . which has been excessive, going on late into the night." In this instance the facility replaces an existing blaze pitch and it should be considered whether the likely noise activity generated by the new use would be to a level of significant detriment to nearby dwellinghouses. The envisaged noise level is not considered to be to a level that would cause unreasonable detriment. The nearest dwellinghouses are located 90m to the south, 70m to the south east and 40m to the north east. The objections come from the residents to the south. The distance between the nearest dwellings and the boundary of the site is considered adequate to ensure that any noise generated from the facility would be minimal. Furthermore, a terraced bank is proposed around the east and south boundaries further reducing any potential noise impact. A condition is also attached required a degree of screen planting along the southern boundary of the site.

4.3 Visual impact is a further consideration. The facility will be relatively well screened due to the proposed embankment. There is an existing level of planting along the boundary with Motherwell Street a further condition is attached requiring a scheme of landscaping which can incorporate screen planting as appropriate. On balance, visual impact is not therefore

154 considered significant enough reason for refusal. It is proposed incorporate floodlighting and a further condition is attached requiring the submission of details of the method of lighting in order to ensure there will be no detriment to the closest residents. It is noted that there is floodlighting established within Rawyards Park with street lighting also adjacent on Motherwell Street. The applicant has advised that the proposed methods are to incorporate a low level of lighting. This issue is not considered reason for refusal with control retained by way of planning condition.

4.4 Concern over crime, loitering and fighting is appreciated however does not fall under the realms of planning control. This is primarily a social issue and does not offer sufficient justification for refusal of this proposal. The applicant has advised of their intention to utilise CCTV which should help in deterring anti-social behaviour around the facility.

4.5 In terms of parking and access it is envisaged that there is adequate room within the existing car park to allow for additional parking and improvements as required. Additional parking spaces are included as part of the application drawings however a condition is attached requiring details of a scheme of parking and access for separate consideration. Notwithstanding these matters it is considered that there is enough information to allow the application to be determined. In relation to the concern over people utilising parking provision on Drumbathie Terrace, this point is noted although there is not considered to be a direct correlation between this proposal and unreasonable parking level at that location, particularly in light of the extensive parking available adjacent to Airdrie Leisure Centre.

4.6 Having given due consideration to the policy context of the site, the existing use, the envisaged impact that the proposal will have on the surrounding area and the letters of objection and support it is considered that the proposed facility is acceptable in planning terms subject to appropriate conditions. It is therefore recommended that planning permission be granted. As objections have been received the Notification of Intention to Develop requires referral to the Scottish Executive.

155 Application No: S102/00078/FUL

Date Registered: 11th January 2002

Applicant: Eastlake Developments Clo Phoenicia Barr 1 Kelso Place Upper Bristol Road Bath BA1 IJX

Agent WSP Centurion Business Park 3 Seaward Place Glasgow G41 IHH

Development: Proposed Access Road

Location: Access Road South Of 2 Buchan Road Carfin Industrial Estate Carfin Motherwell Lanarkshire

Ward: 5: New Stevenston And Carfin

Grid Reference: 276457658920

File Reference: SIPLl515611401LK

Site History: Significant planning history in and around the 'Carfin Village' residential development, of greatest relevance being planning permission S/99/00886/OUT: Extension of Residential Development into Carfin Industrial Estate - granted permission 13 September 2000.

Development Plan: Zoned for Industrial Purposes in the Adopted Northern Area Local Plan Zoned for Residential Purposes within the Southern Area Local Plan (Finalised Draft) Modified June 2001

Contrary to Development Plan: No

Consultations: The Transportation Section (No objection)

Representations: 3 Letters of Objection / Representation

Newspaper Advertisement: Not Required

Comments:

Planning permission is sought for a new access road which would serve part of the significant residential development at 'Carfin Village.' The road would connect the north-west part of the site with Carfin Street which is between Taylor High School and Carfin Industrial Estate. I have received 2 letters of objection and a letter of representation from neighbouring proprietors. Further details of these and the comments of the Head Teacher of the adjoining school can be found within the attached report.

156 157 On balance, I consider the proposed development to be acceptable subject to the attached conditions. It should also be noted that the development would result in the closure of roadways which previously served part of the adjoining Carfin Industrial Estate. Accordingly, should planning permission be granted, no works could be carried out until the necessary 'Stopping Up' procedures are successfully promoted and concluded.

Recommendation: Approve 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 notwithstanding the terms of condition no. 1 above, the development hereby granted shall not commence until the procedure for the making and confirming of Orders relating to the stopping up of roads has been successfully promoted and concluded as specified in Schedule 16 of the Town and Country Planning (Scotland) Act 1997.

Reason: To allow the necessary statutory procedures to be carried out.

3. 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: To protect and enhance the amenity of the area.

4. That before the development hereby permitted starts, details of a scheme for the redecoration of the exterior of the industrial premises marked BROWN on approved plans shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

Reason: To protect and enhance the amenity of the area.

5. That before any works commence on site, full details of a pedestrian linkage between the road hereby granted permission and Taylor High School shall be submitted to the Planning Authority for its prior approval and this shall allow for the creation of a footpath connection in or around the line marked yellow on approved plans.

Reason: In accordance with submitted details and in the interests of road safety.

158 6. That within one month of the road hereby approved being opened to vehicular traffic (or any other timescale to be agreed in advance in writing by the Planning Authority) the pedestrian linkage agreed under the terms of condition 5 above shall be completed in full.

Reason: To ensure the timeous implementation of the footpath connection in the interests of road safety.

Background Papers:

Application form and plans received 11th January 2002 Letter from applicant dated 21 May 2002 and 7 August 2002-08-28 Letter and revised plans from agent dated 1'' August 2002 Memorandum from NLC Education dated 13'h August 2002 Memorandum from the Transportation Section received 7th June 2002 Letter from AB Roller Shutter Doors, Unit 18 Block 5, Carfin Jndustrial Estate, Carfin, Motherwell, MLI 4UH received 24th January 2002. Letters from James B. Muir, 2 Buchan Road, New Stevenston, Motherwell, MII 4UL received 16th January 2002 and 19th August 2002. Letter from Ramsay Millar, 96 Carfin Street, Motherwell, MLI 4JP received 19th August 2002.

Any person wishing to inspect these documents should contact Lindsay Kellock at 01698 302090

159 APPLICATION NO. S/02/00078/FUL

REPORT

1. Description of Background, Site and Proposal

1.I Planning permission was first granted in outline for residential development in the ‘Carfin Village’ area in 1996. Since then, several house builders including Dawn Homes, Barratt Homes, McLean Homes and Ogilvie Homes have all developed part of the site. The most recent planning permission (ref. no. S99/00886/OUT) allowed for an extension of the site into a vacant part of the Carfin Industrial Estate and this was granted in September 2000. This development necessitated the closure of roads which previously served part of the industrial estate, and accordingly any development of this area would have to be the basis of a ‘Stopping Up’ procedure. Vehicular access to the ‘Carfin Village’ development is currently taken from a roundabout on the A723 with a further secondary access via Bruce Road at the eastern end of the Carfin Industrial Estate. An additional footpath access link was to be provided at Buchan Road (and onto Carfin Street) at the western end of the industrial estate. This was to cater for, amongst other things, pedestrian access to the neighbouring Taylor High School.

1.2 It is now proposed to create an access road from the north-west part of the site, onto Bruce Road and thereafter onto Carfin Street. This would be in lieu of the pedestrian link as noted above. This would use the existing west-most access into the industrial estate at the junction of Carfin Street and Buchan Road, and thereafter connect with the existing and on-going residential development to the south. The north-most part of the new road would be sandwiched between the grounds of Taylor High School to the west and existing industrial units to the east. The road is also designed to afford continuing access to the two semi-detached properties at nos. 1 and 2 Buchan Road which are Category B listed buildings. As before, the new road will result in the closure of several roads within the site including parts of Buchan Road and East Avenue and all of North Avenue, Central Avenue and West Avenue. The developer would also provide a new pedestrian access from the new road into the school.

2. DeveI o pme nt Plan

2.1 This site is identified as a private residential development opportunity within the Southern Area Local Plan Finalised Draft (Modified June 2001).

3. Consultations and Representations

3.1 The Transportation Section has no objections in principle to the proposed development.

3.2 NLC Education has advised me that the Head Teacher of Taylor High School has made the following comments:

The key concern is the need to re-assess the warning signs for motorists in the approaches to the school. In particular, there have been some incidents in and around the school access. Although these have not been serious, there is a potential for danger which should be addressed by the planning permission. It is also noted that the issue of signage has been the basis of discussions in the past between the school, the police and representatives of the Transportation Section, although the school notes with regret the conclusion of that assessment that existing signage was considered to be acceptable.

The provision of the new pedestrian access is welcomed although it is noted that further works would be required within the school site to accommodate this.

160 Comment: The Transportation Section has confirmed that a previous assessment of signage around the school showed the signage provision to be satisfactory. Any new signage required along the route of the new road would be a requirement of the Construction Consent. The developer has agreed to conditions which would place the onus of providing all of the works relating to the new pedestrian access into the school onto the developer.

3.3 There have been two letters of objection and one letter of representation from adjoining proprietors to the application site. These can be summarised as follows:

3.4 The owner of one of the listed buildings on Buchan Road has no objections to the line of the road, but would like assurances that the development will not deny him vehicular access to his property, including during the construction process.

Comment: Although not shown on submitted plans, the proposed development is designed to allow continued access to the existing houses on Buchan Road. The issue of access to these properties during the construction process is not a planning consideration and would be the basis of discussions between the objector and the developer.

3.5 The owner of a business within the industrial estate has commented as follows:

It is not clear if the existing access from the industrial estate onto Park Road will be maintained.

The development will create further congestion in and around the junction of Carfin Street and Buchan Road which is already well used as dropping-off point for the school.

Comment: I have advised the objector that the development will not maintain the existing access rights from Park Road. The Transportation Section has confirmed that the proposed access arrangements in and around the new school are deemed to be acceptable.

3.6 The occupier of the school caretaker’s house on 96 Carfin Street (which currently takes access through the school) has asked about the possibility of moving his existing vehicular access point onto the new road.

Comment: A new driveway at this point would interfere with traffic flow close to the junction with Carfin Street and this is considered to be unacceptable.

4. Plannina Assessment and Conclusions

4.1 The principle of residential development in this site is acceptable, and the therefore the key considerations of this application are considered to be:

The suitability of the road in terms of highway safety, in particular the implications for safety in and around the access to the school and the future access provisions to the industrial estate must be assessed.

The implications for the amenity of future residents of the residential development must be considered, including the implications of a shared access with the industrial estate.

4.2 In terms of highway safety, it is noted that the junction of Carfin Street and Buchan Road is already used as an informal dropping off point for the school and that the proposal will allow this to be opened up to allow access in to the planned residential development. However, it is also noted that neither the Transportation Section nor the Head Teacher of the School has objected to the principle of the new road. On balance, I would agree that the anticipated impact on highway safety in and around the school is likely to be within acceptable limits. In coming to this conclusion I have given weight to the fact that the new pedestrian access point to the school (to

161 be provided by the developer) will allow for a greater choice of dropping off points. Finally on this matter, the concerns of the Head Teacher in terms of signage is noted, but in this instance I would take my advice from the Transportation Section which considers that there is currently sufficient signage in the area and that any additional signage required as part of the road can be addressed through the Construction Consent.

4.3 The impact of the new road on the access arrangements into and out of the industrial estate is anticipated to be negligible. In particular, the roads to be closed serve no apparent purpose for existing users of the estate. Whilst part of the new road will be shared by residential and industrial users, this particular stretch is considered to be small (at around 70.0 metres) and should not be the cause of any conflict between the two types of users. Even with the benefit of planning permission, it should be noted that the road closure would require the Council to promote and successfully conclude the necessary ‘Stopping Up’ procedure before any works could take place. This fact would be reflected in a suitable planning condition should planning permission be granted.

4.4 In assessing the standard of amenity expected from the access road (bearing in mind its proximity to the industrial units) it should be noted that the existing planning permission already allows for a pedestrian access at this point and that the ‘Carfin Village’ already shares a vehicular access with the industrial estate on Bruce Road. The proposed arrangement will allow for a landscaping scheme and the redecoration of the industrial unit closest to the new road.

4.5 In conclusion, it is considered that the proposed access road is acceptable in terms of considerations of highway safety and amenity and that planning permission should be granted subject to the attached conditions.

162 Application No: S/02/00438/OUT

Date Registered: 5th April 2002

Applicant: Kevin Ritchie CIO 14 Torridon Avenue MLI 5AR

Agent R G Campbell 19 Cameron Street Motherwell ML1 3AH

Development: Erection of 2 Nos 2 Storey Dwelling Houses With Integral Garages. (In Outline)

Location: Land West Of Junction With Carfin Road Glenmore Road Motherwell Lanarkshire

Ward: 28: East And New Stevenston North

Grid Reference: 277670658990

File Reference: S/PL/B/5/37( 123)/JD

Site History:

Development Plan: The site is zoned as established housing areas in the Northern Area Local Plan and Protected Open Space in the Southern Area Local Plan Finalised Draft (Modified 2001).

Contrary to Development Plan: No

Consultations: The Coal Authority (no objection) West Of Scotland Water (no objection) British Gas Transco (no objection) Scottish Power (no objection)

Representations: 3 Letters of Objection / Representation

Newspaper Advertisement: Not Required

Comments:

Outline consent is sought for the erection of two detached dwellinghouses with integral garages on vacant land partly owned by the Council at the corner of Glenmore RoadlCarfin Road, Newarthill. 3 letters of objection have been received in opposition to the proposal from adjoining neighbours. On balance, it is considered that the site can accommodate two houses, subject to conditions with particular regard to highway safety. Therefore it is recommended that planning permission be granted.

Recommendation: Approve, subject to the following conditions;-

163 ERECTION OF TWO 2 -STOREY HOUSES WITH INTEGRAL GARAGES ( in Outline )

GLENMORE Rd. / CARFIN Rd. JUNCTION, NEWARTHILL, MOTHERWELL A Jc Location of objectors

164 1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) the provision of drainage works; (f) details of existing trees, shrubs and hedgerows to be retained; (9) details of existing and proposed site levels.

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

2. 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.

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition 1above, shall be made to the Planning Authority.

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

4. That the development hereby permitted relates to the principle of two houses upon the site and gives no approval to the proposed indicative layout.

Reason: To define the permission.

5. Notwithstanding condition no. 4 above, vehicular access to the plots shall be taken via separate 3 metre dropped kerbs and for the avoidance of doubt, the access for plot 2 shall be located a minimum of 30 metres from the junction of Glenmore Road and Carfin Road.

Reason: In the interests of traffic and pedestrian safety.

6. That before the dwellinghouses hereby permitted are occupied, a turning facility shall be provided within the curtilage of both plots to allow vehicles to enter and leave the sites in forward gear.

Reason: To enable vehicles to enter and leave the site in forward gear at all times, in the interests of traffic safety.

7. In accordance with the Council's approval Open Space policy, opposing windows shall be located at least 20 metres from each other.

Reason: To protect the privacy of the future occupants of the houses and adjoining neighbours in the interests of residential amenity.

165 Background Papers:

Application form and plans received 5th April 2002 Memo from NLC Transportation Section received 7 May 2002 Letter from The Coal Authority received 30th April 2002 Letter from Scottish Water received 29th May 2002 Letter from British Gas Transco received 29th April 2002 Letter from Scottish Power received 30th April 2002

Letter from Denise Connelly, 4 Culzean Drive, Newarthill, ML1 5AS received 17th April 2002. Letter from William MacTavish, 6 Culzean Drive, Newarthill, MLI 5AS received 18th April 2002. Letter from Keith Courtie, 8 Culzean Drive, Newarthill, MII 5AS received 22nd April 2002.

Northern Area Local Plan Southern Area Local Plan Finalised Draft (Modified June 2001)

Any person wishing to inspect these documents should contact Joanne Delaney at 01698 302137

166 APPLl CAT I0N N0. S/02/00438/0 UT

REPORT

1. Description of Site and Proposal

1.I The application site is currently largely an area of vacant ground located on the corner of Glenmore Road and Carfin Road in Newarthill, but was formerly occupied by a couple of small buildings. The site lies within an area mainly zoned as Established Housing on the local plan but also occupies an area of Protected Open Space and is partly owned by the Council.

1.2 The site lies approximately 1 metre below the road level of Glenmore Road and is bounded to the north and west by Protected Open Space and to the south and east by Established Housing Areas.

1.3 The applicant seeks outline consent for the erection of two detached dwellinghouses with integral garages. The applicant has confirmed that the houses will be two-storey which will complement the adjoining residential properties directly south of the site.

2. Development Plan

2.1 This application raises no issues of a strategic nature and can therefore be assessed in terms of the relevant local plan policies. Policy HI of the adopted Northern Area Local Plan 1986 seeks to ensure the maintenance of residential amenity. The Southern Area Local Plan Finalised Draft (Modified 2001 ) affords contemporary policy considerations and Policies HSGI 1 and TR13 are relevant to this development. Policy HSGl1 seeks to enhance the quality of the built environment by discouraging over-development of sites and defines the criteria against which proposals will be assessed. Furthermore, the Council’s approved Open Space policy provides guidance on requirements for garden ground and overall plot ratios to garden areas. Policy TR13 provides guidance on assessing the transport implications of development, included in this policy is the regard given to road safety and access provision.

3. Consultations and Representations

3.1 No objections were received following consultations with Scottish Power, Transco, The Coal Authority and Scottish Water.

3.2 The Transportation Section objected to the development on the grounds of highway safety in that Glenmore Road is a Local Distributor Road and as such no frontage access should be taken from it, particularly so close to the junction of the ‘B’ Class Carfin Road.

3.3 Three letters of objection were received from adjoining residential neighbours, their concerns are summarised as follows:-

0 reduction in the value of their homes; 0 drainage problems arising should the site ground level be raised; 0 reduction in visual amenity and outlook; 0 loss of privacy and SunlighVdaylight due to the proximity of the proposed dwellings; 0 over-development of the site; and 0 highway safety concerns given the proximity of the site to the main road.

4. Planning Assessment and Conclusions

167 4.1 With respect to the neighbour’s comments the value of adjacent properties and loss of outlook are not material planning considerations and therefore cannot be taken into account. However the other issues are relevant to the consideration of this application.

4.2 With regard to drainage problems incumbent on adjoining neighbours, it is recognised that should the ground level of the site be raised by 1 metre to align with the road channel on Glenmore Road then there is a possibility for potential drainage problems. Given that the application seeks outline consent, no details need be provided at this stage confirming the resulting ground level required to develop the site from Glenmore Road. Nevertheless, it is considered that the imposition of planning conditions should ameliorate any drainage problems arising from the development and thus this concern does not justify refusal.

4.3 It is not considered that there will be a significant reduction in the visual amenity of the area given that the site is currently derelict, and it is considered that the residential development accords with the adjoining land uses and would enhance the amenity of the area.

4.4 The sunlightldaylight currently enjoyed by adjoining neighbours will remain largely unaffected as the site lies to the north east which in terms of the directional path of the sun will only marginally affect the garden ground of the residents, and in the morning only. In terms of privacy, the location of House 1 dictates that one resident will be affected, however the site affords some scope for privacy problems to be addressed through the re-location of the dwelling or absence of windows on the rear elevation.

4.5 It is considered that the proposal does not constitute over-development of the site as it accords with both local plan policy HSGll and the Council’s approved Open Space policy in terms of, the dimensions of the site relative to the proposed development and associated private garden ground.

4.6 The main concern with the proposal is the potential effect upon traffic safety and the Transportation Section objected on these grounds. However, it is considered that whilst access will be taken from a local distributor road, the imposition of conditions incumbent on the developer to site the accesses an acceptable distance from the junction of Glenmore Road/Carfin Road, combined with the provision of turning facilities, should allow vehicles to enter the road network in an acceptable and safe manner.

4.7 To conclude, the principle of residential development accords with local plan zoning and the imposition of conditions will secure accordance with local plan policies. I therefore recommend that planning permission be granted.

168 Application No:

Date Registered: 22nd April 2002

Ap p Ii can t : Marjory Kennedy Greenhill Farm Greenhill Road Cleland Motherwell Lanarkshire MLI 5NF

Agent S R Alexander Leslie Plummer Associates Structural Engineering Consultants 267 Brandon Street Motherwell MLI IRS

Development: Upfilling of Land from Pond Material - In Retrospect

Location: Greenhill Farm Greenhill Road Cleland Motherwell Lanarkshire MLI 5NF

Ward: 18: Dykehead

Grid Reference: 281443.660183.

File Reference:

Site History: No relevant site history

Development Plan: The site is covered by residential and green belt polices within the Southern Area Local Plan Finalised Draft (Modified 2001 ).

Contrary to Development Plan: No

Consultations: S.E. P.A. (W est) (no objections) The Coal Authority (comments) Scottish Natural Heritage (comments)

Representations: 1 Letters of Objection I Representation

Newspaper Advertisement: Not Required

Comments:

This planning application seeks retrospective planning permission for the upfill of land from pond material at Greenhill Farm, Greenhill Road, Cleland. One letter of objection has been received in connection with the proposal and for the reasons detailed in my accompanying report I recommend that planning permission be granted, subject to the attached conditions.

169 170 Recommendation: Approve Subject to the Following Conditions:-

That the plans hereby permitted, are retrospective in nature and for the avoidance of doubt no further works shall be carried out other than those allowed for under the terms of conditions 2 and 3 stated below.

Reason: In accordance with this planning permission and to control any further works on the site.

That within six months of the date of this permission, a scheme of landscaping, for the area, shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required, and it shall include:- (a) details of any earth moulding and hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) details of the phasing of these works.

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

That notwithstanding the generalities of condition number 2 above, the focus of the landscaping scheme shall be habitat creation around the banks of the pond. This shall include the provision of graded bank edges and suitable vegetation to be used as cover, feeding and breeding areas with all vegetation to be of an appropriate native species.

Reason: To provide replacement habitat and enhance remaining habitat for pond area.

That all of the works within the terms of condition 2 and 3 above shall be completed within one year of the date of this permission to the satisfaction of the planning authority.

Reason: To enable the planning authority to retain control over the development and in the interests of nature conservation.

Background Papers:

Application form and plans received 22nd April 2002

Consultation response from NLC Transportation Section received 10th June 2002 Consultation response from NLC Protective Services received 29 May 2002 Consultation response from NLC Community Services received 13 June 2002 Letter from S.E.P.A.(West) received 20th June 2002 Letter from The Coal Authority received 27th May 2002 Letter from Scottish Natural Heritage received 10 June 2002

Letter from Stanley C Cook on behalf of Mr & Mrs McAleer, Innisfrae, Hareshaw, Cleland, received 28th June 2002.

Any person wishing to inspect these documents should contact Rosaleen Toal at 01698 302104.

171 APPLICATION NO. S/02/00534/FUL

REPORT

I. Description of Site and Proposal

1.I The application site comprises of a pond and surrounding land, which is part of Greenhill Farm. The proposal involves the removal of pond material and the upfilling of land surrounding the pond. The applicant has applied for retrospective planning permission as the works have been completed on site.

2. Development Plan

2.1 The planning application raises no strategic issues and therefore the Development Plan is established through the Local Plan.

2.2 Within the Southern Area Local Plan Finalised Draft (Modified 2001) the frontage of the site lies within an area zoned as HSG 8 (Established Housing Areas) which seeks to protect the established character of the existing housing areas. The remainder of the site, in which the development has taken place, lies within Policy ENV 6 (Green Belt), in which the Council seeks to safeguard the character and function of the Green Belt.

3. Consultations and Representations

3.1 NLC Transportation Section, Scottish Environmental Protection Agency and the Coal Authority have no objections to the proposal.

3.2 Community Services raised concerns over the loss of conservation at the site, the proposed use of the site and the stability of the ground.

3.3 Scottish Natural Heritage raised concerns over the retrospective nature of the proposal. Although they have no objections they recommended that conditions be attached to the permission relating to the creation of habitat and the possible loss of any species which receive statutory protection, particularly badgers. The latter condition would only be relevant if any further works were to be carried out. The application is entirely retrospective and it is felt that such a condition is not required.

3.4 One letter of objection was received from Mr San Cook on behalf of Mr and Mrs McAleer who adjoin the application site. The main reasons for objection are:

(i) The proposed development has commenced without the benefit of planning permission. (ii) The site has been infilled with building rubbish such as bricks, wood, paper, clay etc with no proper supervision or control of the infill materials. (iii) The infill operations have caused flooding and blocked drainage gullies on the objector’s property. (iv) The applicant has created a new vehicular access to the property from Hareshaw Road without consent. (v) The infilling operations have possibly damaged a water main under the site and this has caused problems with Scottish Water. (vi) The applicant appears to carry out work and operations without first seeking the necessary consents for the local authority.

172 (vii) The applicant has in fact created a landfill tip for building site waste from the housing development currently underway at Knowenoble, Cleland. (viii) The proposal alterations to the lake could affect the water table and drainage of the area and possibly lead to local flooding. (ix) The existing wildlife and habitats around and in the lake could be harmed. (x) The applicant illegally formed drains onto the objector‘s land to help drain the infilled site, which required to be altered to prevent flooding onto his land.

4. Plannina Assessment and Conclusions

4.1 In response to the grounds of objection, the following comments are made:

(i) & (vi) It is noted that the development has taken place without the necessary permission, however once this was pointed out to the applicant, a planning application was submitted. (ii) & (vii) The planning application details material from the pond only and on various site visits to the pond no evidence of builders rubble was noted, furthermore the Scottish Environmental Protection Agency have no objections to the proposal. (iii) & (x) From a recent site visit to the objector’s property no evidence of drainage pipes or flooding was noted. I am therefore not convinced there will be a need for any drainage. If necessary, the applicant would require to take the matter up with the neighbouring property. (iv) It was noted on site that the applicant had erected a gate to the site, however the Transportation Section have no objections to the proposal and a condition has been attached to the permission restricting the opening to be used as a vehicular access. (v) It was noted that a burst water main did occur at the site recently, however I discussed the matter on site with representatives from Scottish Water who informed me that the burst water main was not linked to the applicants works. (viii) Although the applicant has not provided any information on the potential impact on the water table, this is expected to be insignificant, and this is demonstrated by the fact that the pond is still approximately at the same level. (ix) It has been noted that existing wildlife and habitats around the pond may have been harmed by the works, however Scottish Natural Heritage had no objections to the proposal and a condition has been attached to the permission to create a habitat around the pond.

4.2 Although it is disappointing that the works were carried out prior to the submission of a planning application, the development is considered acceptable and as such I would recommended that planning permission in be granted subject to the attached conditions.

173 Application No: S/02/00574/AM D

Date Registered: 18th May 2002

Applicant: Taylor Homes (Scotland) Ltd. Unit 3 Woodhall Road Cambusnethan ML2 8PY

Development: Erection of 10 Dwellinghouses and Formation of Access Road (Amendment to Planning Permission SlOllOl4341FUL)

Location: Land South Of 225 Shottskirk Road Shotts Lanarkshire

Ward: 18: Dykehead

Grid Reference: 286656660327

File Reference: SlPLll7147121LK

Site History: S/01/00371 FUL Erection of 5 Dwellinghouses-Granted 9th July 2001 S/01/01434/FUL Erection of 10 Dwellinghouses -Granted 23'' January 2002

Development Plan: Zoned as a private residential opportunity within the Southern Area Local Plan Finalised Draft (Modified June 2001)

Zoned as part of existing housing area within Adopted Shotts Local Plan

Contrary to Development Plan: No

Consultations: Scottish Natural Heritage (No objection)

Representations: 1 Letter of Objection / Representation Objection from Local Member

Newspaper Advertisement: Not Required

Comments:

Planning permission is sought for 10 detached houses. Access would be via a new road onto Shottskirk Road. The site already has permission for 10 houses although that development allowed for 2 access points (from Shottskirk Road and Quarry Road) each serving 5 houses. The Transportation Section has recommended that planning permission be refused as the application site cannot accommodate the required width of road for a development of this number and there are other concerns regarding the roads situation in the proximity of the new junction. The local member and the proprietor of the adjoining builder's yard have objected to the proposal.

I would conclude that permission should be refused for the reasons noted below, Further details can be found within the attached report. It should also be noted that the developer has submitted an application for a single house on land immediately to the south of this site, and this is being considered at today's meeting (app. ref. no. S/02/0062O/FUL). Finally, members should note that the objector has asked that

174 I ERECTION OF TEN DWELLINGHOUSES.AND FORMATION OF ACCESS ROAD (Amendment to Planning Pe-missim S/01/01434/FUL)

175 the Committee visits the site and also that he be heard by the Committee at a hearing.

Recommendation:

Refuse for the reason that the proposed development of 10 dwellinghouses would detract from road safety by virtue of the inadequate width of the access road, the proximity of the proposed junction to existing accesses and the current problem of on-street parking in the area.

Background Papers:

Application form and plans received 18th April 2002 Letters from the applicant dated 30thJuly 2002 and 26'h August 2002 Memorandum from the Transportation Section dated 24'h June 2002 E-mail from Cllr. Robertson dated 51'~June 2002 Letter from Scottish Natural Heritage received 21 st June 2002 Letters from SMS Construction, Quarry Road, Shotts, North Lanarkshire, ML7 4AF received 30thApril 2002 and 24th June 2002.

Any person wishing to inspect these documents should contact Lindsay Kellock at 01698 302090.

176 APPLICATION NOS. S1021005741AMD

REPORT

1. DescriDtion of Backaround, Site and ProDosal

1.I The application site comprises an area of ground to the south of Shottskirk Road. Surrounding the site are 2 Council operated childrens’ nurseries to the west, dwellinghouses (which front onto Shottskirk Road) to the north, a builder‘s yard and workshop to the east, and a former plumber’s yard to the north-east which is currently in use as a private residence. To the south of the site is an area of ground which is the basis of a separate planning application for a single dwellinghouse and this is also being considered at today’s meeting (application ref. no. S/02/0062O/FUL).

1.2 Planning permission was granted early in 2002 for 10 dwellinghouses (application ref. no. S/01/01434/FUL) within an area almost identical to this site, other than it also included the area covered by planning application S/02/0062O/FUL as noted above. The main difference between the existing planning permission and the application currently under consideration is the means of access. The current planning permission shows the 10 houses being accessed from two private access roads; one being from Shottskirk Road and the other being from Quarry Road, each of which would have served 5 houses. This arrangement was laid out in a manner whereby all 10 houses fronted onto one cul-de sac, but vehicular access to the driveways of the 5 houses along the south of the site was only to be from Quarry Road. The application now under consideration shows all 10 houses taking access from a single access road from Shottskirk Road. This access would be 8.0 metres wide (or thereabouts) comprising a 5.5 metre wide carriageway, a 2.0 metre footway and a 0.5 metre service strip. Other than the means of access, the development is broadly similar to that already granted planning permission.

2. DeveloDment Plan

2.1 The site is identified as a private residential opportunity within the Southern Area Local Plan Finalised Draft (Modified June 2001) and is within an area identified as an established housing area within the adopted Shotts Local Plan.

3. Consultations and Remesentations

3.1 The Transportation Section has recommended that planning permission should be refused. In particular, it comments that a development of 10 houses should be served by a road built to adoptable standards and that this cannot be achieved within the confines of the application site. In particular, the road should be 9.5 metres wide (i.e. 5.5 metre carriageway with 2 no. 2.0 metre wide footways) and the proposal is 1.5metres narrower than required. It is also noted that the new access to the site would create a virtual crossroads with the Council yard opposite on Shottskirk Road and that there is currently a problem with on-street parking on Shottskirk Road. Accordingly, the development would be to the detriment of road safety in and around the proposed access point.

3.2 SNH asked to be consulted on the proposal but has made no objections.

3.3 The Local Member for the area, Cllr. James Robertson, has objected to the proposal for the following reasons:

0 Concern about the impact of additional traffic onto Shottskirk Road. 0 If granted, the Council’s policy relating to the number of cars allowed off a private road would be put in jeopardy. 0 If granted, he feels that there may be further changes to the layout of the scheme.

177 3.4 The proprietor of the adjoining builder’s yard (SMS Construction) has made the following comments:

0 There is a legal dispute between SMS Construction and Taylor Homes relating to land ownership at the access to the builder’s yard. 0 SMS Construction had an option to buy the application site but chose not to proceed due to the access constraints on the site. 0 SMS Construction has asked that the Committee visits the site and hears their concerns at a hearing.

4. Plannina Assessment and Conclusions

4.1 Given the zoning of the site in the adopted and emerging local plan, and also the fact that planning permission already exists over the site (and part of the adjoining site) for 10 houses, the principle of the development has already been established. The proposal complies with the normal standards relating to layout, design and open space. Accordingly, the only issue to be considered in this instance is that of the suitability of the proposed means of vehicular access and the implications for road safety.

4.2 It is noted that both the Transportation Section and the local member object to the proposal for reasons of road safety and I share these concerns. The development is clearly deficient in several respects including the width of the proposed access road and the position of the access in relation to the Council yard opposite and the current problems of on-street parking in the area. I can find no justification for granting permission for a development with such deficiencies, particularly when planning permission already exists for a development with an acceptable means of access.

4.3 It should be noted that the concerns of the objector relating to land ownership is not a material consideration, although it appears that the application site does not impinge into the adjoining site as currently used.

4.4 Accordingly, I would conclude that the development is unacceptable in terms of its impact on road safety and should therefore be refused for the reason noted above.

178 Application No: S/02/00620/F UL

Date Registered: 17th April 2002

Applicant: Taylor Homes (Scotland) Ltd Unit 3 Woodhall Road Cambusnethan ML2 8PY

Development: Erection of Dwellinghouse, Garage and Access Road

Location: Southernmost Part Of Land South Of 225 Shottskirk Rd. Quarry Road Shotts Lanarkshire

Ward: 18: Dykehead

Grid Reference: 286664660305

File Reference: PL/B/l7/47(2)(46)

Site History: S/01/00371 FUL Erection of 5 Dwellinghouses - Granted gth July 2001 S/01/01434/FUL Erection of 10 Dwellinghouses - Granted 23'' January 2002

Development Plan: Zoned as a private residential opportunity within the Southern Area Local Plan Finalised Draft (Modified June 2001)

Zoned as part of existing housing area within Adopted Shotts Local Plan

Contrary to Development Plan: No

Consultations: Scottish Natural Heritage (No objection)

Representations: 1 Letter of Objection

Newspaper Advertisement: Not Required

Comments:

Planning permission is sought for a detached dwellinghouse and domestic garage with access taken from Quarry Road. The application site and the area to the north have together a history of previous planning permissions for housing. Most recently, planning permission was granted for 10 houses in January 2002 (ref. no. S/Ol/O1434/FUL), and a further planning application for 10 houses solely within the area to north is currently under consideration (ref. no. S/02/00574/AMD) and this is also being considered at today's meeting. The proprietor of the adjoining builder's yard has objected to both proposals.

I would conclude that the proposal is acceptable and that planning permission should be granted. Further details can be found within the attached report. Members should note that the objector has asked that the Committee visits the site and also that he be heard by the Committee at a hearing.

179 PLANNiNG APPLICATION No. S I02 / 00620 / FUL ERECTION OF DWELLINGHOUSE AND ACCESS ROAD

LAND SOUTHERN MOST PART OF UNDSOUTH OF 225 SHOTrSKIRK ROAD AND QUARRY ROAD,SHOTTS * Location of Objectcv

180 Recommendation: Approve 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 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 safeguard the residential amenity of the area.

3. That before the dwellinghouse hereby permitted is occupied, the fences, or walls, as approved under the terms of condition 2 above, shall be erected.

Reason: To safeguard the residential amenity of the area.

4. That before the development hereby permitted starts, full details 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 safeguard the residential amenity of the area.

5. 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: To safeguard the residential amenity of the area.

6. That within one year of the occupation of the house hereby permitted, all planting, seeding, turfing and earth moulding included in the scheme of landscaping and planting, approved under the terms of condition 5 above, shall be completed and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the completion of the development, shall be replaced within the following year with others of a similar size and species.

Reason: To safeguard the residential amenity of the area.

7. That the vehicular access point shall comply with the following requirements:

(a) Connection to roadway to be via dropped kerb

181 (b) Driveway gradient to be maximum of 10%

(c) Driveway shall incorporate a turning head (of a size and position to be agreed with the Planning Authority in advance) to allow vehicles to enter and exit the site in forward gear

(d) Driveway to incorporate appropriate drainage measures to ensure that no surface water issues from the driveway onto the public road

(e) Driveway to be surfaced in an appropriate hard surface

Reason: In the interests of public safety.

8. That the use of the garage hereby permitted 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: To safeguard the residential amenity of the area.

Background Papers:

Application form and plans received 17th April 2002 Southern Area Local Plan Finalised Draft (Modified June 2001) Shotts Local Plan Letters from SMS Construction, Quarry Road, Shotts, North Lanarkshire, ML7 4AF received 30thApril 2002 and 24'h June 2002. Letters from the applicant dated 30thJuly 2002 and 26'h August 2002 Memorandum from the Transportation Section dated 24'h June 2002 Letter from Scottish Natural Heritage received 21st June 2002

Any person wishing to inspect these documents should contact Lindsay Kellock at 01698 302090.

182 APPLICATION NO. S1021006201FUL

REPORT

1. Description of Backaround, Site and Proposal

1.I Planning permission is sought for a detached two bedroom bungalow and detached domestic garage. The site adjoins Quarry Road and comprises an overgrown area including some trees. The site slopes quite steeply from its highest point at the north of the site towards the roadway to the south. The site measures approximately 24.0 metres by 82.0 metres. It is adjoined by a builder’s yard to the east, houses on Quarry Road and Quarry Street to the south and Council operated nursery schools to the west. To the north is a vacant site which along with this application site has the benefit of planning permission for 10 houses (application ref. no. S/01/01434/FUL). That permission allows for, amongst other things, the creation of a private access road from Quarry Road to serve 5 of the 10 houses. The area to the north is also the basis of another planning application for 10 houses with access solely from Shottskirk Road, and that application is also being considered at today’s meeting (application ref. no. S/02/00574/AMD). Further details of the planning background to the area can be found within that report.

1.2 The applicant has advised that the house would be built to accommodate the current occupier of the former plumber’s business located to the north of the builder’s yard which is currently in use as a dwellinghouse.

2. Development Plan

2.1 The site is identified as a private residential opportunity within the Southern Area Local Plan Finalised Draft (Modified June 2001) and is within an area identified as an established housing area within the adopted Shotts Local Plan.

3. Consultations and Representations

3.1 The Transportation Section has no objections in principle to the proposal subject to conditions requiring the re-siting of the driveway 25.0 metres further to the west.

3.2 The proprietor of the adjoining builder’s yard (SMS Construction) has made the following comments:

0 There is a legal dispute between SMS Construction and Taylor Homes relating to land ownership at the access to the builder’s yard. 0 SMS Construction had an option to buy the application site but chose not to proceed due to the access constraints on the site. 0 SMS Construction has asked that the Committee visits the site and hears their concerns at a hearing.

4. Planning Assessment and Conclusions

4.1 The site is zoned for residential purposes within the adopted and emerging local plans and the application site (including the adjoining area) has the benefit of planning permission for 10 houses. Accordingly, I have no objections to the principle of a dwellinghouse within this site.

4.2 The application site is much larger than an average sized house plot and I consider that it can accommodate the proposed development without any adverse impact on the site or the surrounding area. However, the topography of the site is likely to act as a major constraint on further development. Whilst, the Transportation Section has recommended that the access point should be moved to a point further from the junction of Quarry Road and Quarry Street,

183 this would bring the access point to a much steeper part of the site which contains a number of trees. The access point as proposed is not considered to be fundamentally unsafe, and I would not wish to see this altered as suggested by the Transportation Section.

4.3 It is noted that the proposed house is intended for the current occupier of the former plumber’s business close to the application site and adjoining the application site for the 10 houses. The applicant has advised that if both current planning applications were successful, he would examine the possibility of creating a further house plot within the site of the former plumber’s business.

4.4 Given that this application is incompatible with the development of 10 houses already with planning permission, it is clear that the proposed house would only be built should the adjoining planning application for 10 houses be successful. It should be noted, however, that my recommendation for the adjoining application is to refuse planning permission.

4.5 It should be noted that the concerns of the objector relating to land ownership is not a material consideration, although it appears that the application site does not impinge into the adjoining site as currently used.

4.6 In conclusion, the proposal is considered to be acceptable and I recommend that planning permission be granted subject to the attached conditions.

184 Application No:

Date Registered: 1st May 2002

Applicant: A And A Neil Architects 72 Berkeley Street Glasgow G3 7DS

Development: Erection of LoungelRestaurant and Discotheque (In Outline)

Location: Land To West Of 117 Station Road Shotts Lanarkshire

Ward: 20: Benhar

Grid Reference: 287469 659817

File Reference:

Site History: 372/94/OUT Erection of supermarket granted on appeal Feb. 1996 S/98/01577/AMD Renewal of outline consent granted Feb. 1999

Development Plan: Site allocated for retail development under Policy RTLI in the Southern Area Local Plan Finalised Draft (Modified 2001). Policies RTL2, RTL5, RTLI 1 and ENV5 are also relevant for assessing this proposal. Site is within an area of mixed land use in Shotts Local Plan 1982.

Contrary to Development Plan: Yes

Consultations: S.E.P.A.(West) (Comments) West Of Scotland Water (No objection) The Coal Authority (Comments)

Representations: 13 Letters of Objection / Representation

Newspaper Advertisement: 24.05.02 and 15.08.02

Comments: The applicant seeks outline planning consent for the erection of a loungelrestaurantldiscotheque on land to the west of the petrol filling station at 117 Station Road and to the east of Shotts Station. Access is proposed to be solely from the southwest corner of the site, from Foundry Road.

The site was allocated for retail development in the emerging draft local plan, following the grant of outline consent for a supermarket on appeal in February 1996. Since then, however, there has been no interest in developing the site for retail use. The site is currently vacant and in poor condition and lies between a variety of commercial premises to the south and residential properties to the north of Station Road. The site is between 25 and 75 metres from the nearest house in Bank Place and at a lower level.

Both national and local planning policies indicate the proposed uses to be suitable in principle for this town centre site, provided there is adequate control on amenity issues. I consider that, on balance and subject to conditions to address noise and access issues, that the application should be approved.

185 / including Local Member )

186 Recommendation: Approve Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the details of, and timetable for, the hard and soft landscaping of the site; (e) the design and location of all boundary walls and fences; (f) the provision for loading and unloading of all goods vehicles; and (9) the details of measures to manage customer dispersal.

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

2. 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.

3. That within three years of the date of this permission, an application for approval of the reserved matters, specified in condition above, shall be made to the Planning Authority.

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

4. That before the development hereby permitted starts, a report 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 these works have been completed.

Reason: To ensure the site is free of contamination.

5. 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 ensure the provision of adequate parking facilities within the site.

6. That before the development commences, a Noise Impact Assessment prepared by qualified sound engineers shall be submitted by the applicant. This shall include late evening background noise level readings along the northern boundary of the application site closest to the Bank Place residential properties, predictions of the levels and character of the noise that is likely to be generated by the development at different times, and recommended measures to ensure that noise emitted from the site shall be contained within acceptable specified levels. Such measures and levels must be approved in writing by the Planning Authority before construction commences and the approved measures implemented in full before the development is occupied.

Reason: To safeguard the amenity of the adjoining residential area.

187 7. That the access point shown on the approved plan shall be the sole means of vehicular and pedestrian access and egress.

Reason: To safeguard the amenity of the adjoining residential area and in the interests of road safety.

8. That before the development commences, a Transport Assessment by qualified transportation consultants shall be submitted by the applicant. This shall include an assessment of predicted movements by different modes upon egress of customers from the establishment late at night.

Reason: To safeguard the amenity of the adjoining residential area and in the interests of road safety.

Background Papers:

Application form and plans received 22nd April 2002 and letter from applicant received 21" June 2002

Letter from S.E.P.A.(West) received 1st July 2002 Letter from West Of Scotland Water received 19th July 2002 Letter from The Coal Authority received 11th June 2002

Letter from Ellen Burns,l Bank Place, Shotts, ML7 4JX received 30th April 2002. Letter from Mr And Mrs Hailstones,8 Bank Place, Shotts, ML7 4JX received 1st May 2002. Letter from Maurice And Maureen Barr,3 Bank Place, Shotts, ML7 4JX received 1st May 2002. Letter from Saint Patrick's Church,84 Station Road, Shotts, ML7 4BJ received 1st May 2002. Letter from Mr And Mrs Murphy, Bank Place, Shotts received 2nd May 2002. Letter from James And Agnes McKenna,2 Bank Place, Shotts, ML7 4JX received 2nd May 2002. Letter from Robert Draffin,4 Bank Place, Shotts, ML7 4JX received 3rd May 2002. Letter from Pauline McCulloch,3 Glen Road, Shotts, ML7 5GA received 4th June 2002. Letter from Councillor Charles Cefferty, PO Box 14, Civic Centre, Motherwell , ML1 ITW received 4th June 2002. Letter from Mr A Mcllvany,l7 Glen Road, Shotts, ML7 5EA received 4th June 2002. Letter from Deirdre Campbell,ll8 Station Road, Shotts received 4th June 2002. Letter from Helen Coburn,7 Glen Road, Shotts received 7th June 2002. Southern Area Local Plan Finalised Draft (Modified 2001) Shotts Local Plan 1982 Planning Advice Note (PAN) 56 Planning and Noise Planning Advice Note (PAN) 59 Improving Town Centres

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128.

188 APPLICATION NO. S/02/00629/OUT

REPORT

1. Description of Site and Proposal

1.1 The application site lies to the west of the petrol filling station at 117 Station Road and to the east of Shotts station. A variety of industrial and commercial premises and parking areas lie to the south along Foundry Road and land to the immediate west of the site is in use as a scrapyard. To the north of the site and of Station Road and at a higher level, lie 7 houses in Bank Place and St. Patrick's Church, with a primary school to the northeast. The application site is currently mostly vacant and in generally poor condition. An old former garage building lies in the western corner of the site.

1.2 Outline planning consent is sought to erect a lounge/restauranffdiscotheque within the site, with sole vehicular and pedestrian access being proposed from the southwest via Foundry Road. No other details have been supplied at this outline application stage, although the applicant has stated in a letter received on 21" June 2002 that he considers the premises will need to provide a courtesy transport service for patrons at closing time.

2. Development Plan

2.1 The Shotts Local Plan 1982 includes the site within an area of mixed land use.

2.2 The Southern Area Local Plan Finalised Draft (Modified 2001) identifies the site under Policy RTLl as a retail development opportunity for a small food store. Policy RTL2 seeks to improve the environment and supports leisure facilities within town centres. Policy RTL5 includes support for non-retail uses which reinforce and revitalise town centres, and accepts changes of use to food and drink or assembly and leisure establishments where they do not adversely affect the character and amenity of town centre areas.

2.3 Policy RTLl 1 of the 2001 Local Plan gives criteria for assessing bad neighbour development, for which town centres are preferred areas. The criteria are:-

(i) impact on character/amenity of adjoining properties and surrounding environment; (ii) resulting mix of retail and non-retail uses; (iii) detailed design elements including pedestrian access; (iv) vehicular access, parking and road safety issues.

2.4 Policy ENV 5 on the assessment of environmental impact states that the following will be considered:

- the suitability of a proposal to the character of the area; - the extent of noise; - the extent to which derelict land is regenerated.

It also states that proposals will be assessed with reference to mitigating measures.

3. Consultations and Representations

3.1 SEPA and NLC Protective Services have both commented on the need to ensure any land contamination is investigated and treated, which can be secured by condition.

3.2 SEPA and The Coal Authority have made comments on the need for suitable foul sewerage and mining impact investigation to be carried out, both of which could be covered by an informative.

189 Railtrack PLC have also made comments as an adjoining landowner on construction practices, which could also be addressed by an informative.

3.3 Scottish Water and NLC Property Services have no objection to the proposal.

3.4 My Transportation Section have no objection to the proposal, subject to all access being taken from Foundry Road and satisfactory details.

3.5 A total of thirteen letters of objection have been received to this proposal, including from the Local Member, St. Patrick’s Church and occupiers of all 7 residential properties in Bank Place. Concerns raised are:

(0 potential noise nuisance from premises and upon customer egress; (ii) other unsociable behaviour; with police resources inadequate; (iii) litter (which may include bottles and drug needles) and environmental impact near school and church; traffic and parking impact - would Bank Place be used?; safety threat if the unlit St. Patrick’s Church car park were used; poor public transpotVinsufficient taxi availability; risk from adjacent petrol station with gas cylinders; adverse impact in property values and outlook (from 1 Bank Place); location too close to primary school, 2 churches and houses; will attract incomers and more disturbances.

4. Plannina Assessment and Conclusions

4.1 The suitability of the current outline proposal for a LoungelRestaurant and Discotheque must be assessed against all relevant development plan policies. In this case the relevant detailed policies comprise Policies RTLI, RTL2, RTL5, RTLll and ENV5 of the Southern Area Local Plan Finalised Draft (Modified 2001), which are summarised in Section 2 of my report above. Relevant national planning policy advice must also be considered, and in this case of particular relevance are Planning Advice Notes 59 and 56 (both issued in 1999) on Improving Town Centres and on Planning and Noise. PAN 59 encourages a diversity of uses in town centres which assist a centre’s attractiveness. PAN 56 gives guidance on controlling development where there are noise concerns.

4.2 The above planning policy framework indicates that the application site is suitable in principle for the uses proposed under the current application, subject to:-

(i) the vitality of Shotts town centre being helped and not hindered; (ii) the environment being improved; (iii) the development being capable of being controlled so as to not adversely affect the character and amenity of the adjoining area, by noise or other disturbance; (iv) road safety, parking and access concerns being met.

My assessment of each of the above matters follows, after which I will address any additional points raised by third party representations which have not been covered by these main subject areas.

4.3 Concerning the vitality and economic wellbeing of Shotts town centre, the application is allocated for retail use in the latest Local Plan and Policy RTLl states that retail development will be supported and, where appropriate, promoted. However, there has been no detailed application for retail development on this site since outline consent was granted 6% years ago, which indicates that an alternative suitable town centre use which would assist the centre’s vitality should be considered. I conclude that in these circumstances, the current proposal

190 would not be contrary to the overall thrust of local and national planning policy on retail and associated developments in town centres.

4.4 Turning to the issue of environmental improvement, the application site has been vacant for some time and is in generally poor condition. It is therefore desirable to secure its improvement through some acceptable form of redevelopment. Although the current application is in outline only, a subsequent reserved matters application and development would enable significant environmental improvement of the site to be secured. Some concern has been expressed in third party representations about possible adverse environmental effects off site. However, I consider that the overall impact of the proposal on the environment, bearing in mind the tidying of a vacant site, will be significantly positive.

4.5 The potential for noise or other disturbance arising from one aspect of the lounge/restaurant/discotheque proposal, namely the egress of customers after the late evening closure of a disco, is a key issue in its assessment. The applicant has indicated that all access and egress will be via Foundry Road to the south, which can be controlled by condition. This access point is over 60 metres from the nearest residence, No 2 Bank Place. It is also at a significantly lower level than the Bank Place residences, with scope to reinforce the northern boundary of the application site (currently a wire fence with some trees). My Protective Services section do not object to the application but they do consider that the applicant should be required to carry out a Noise Impact Assessment, to ensure that potential noise concerns are adequately controlled. I would consequently recommend a suitably worded planning condition on any consent, which I consider would provide the means to satisfactorily address this issue.

4.6 My Transportation Section is satisfied that road safety, parking and access concerns can be satisfactorily dealt with at detailed planning application stage, provided that access is taken off Foundry Road, as proposed by the applicant. I have noted the concerns of third parties of the undesirability of parking associated with this proposal taking place in Bank Place or in the unlit St. Patrick's Church car park. However, with access restricted to the south and scope for adequate car parking to be provided on-site, I do not consider these to be significant objection issues. I do consider, however, that a Transport Assessment document which predicts movements by different modes and proposes measures to manage late night customer dispersal, should be required to be submitted and agreed before any development commences. The applicant has indicated that he considers a courtesy transport service will be required to ensure an adequate means of customer dispersal upon close of business.

4.7 There are no additional planning matters raised by third party representations not already covered by this report. The potential for the proposed development to attract incomers to Shotts, for possible loss of property values and for loss of outlook (from No. 1 Bank Place) do not fall to be considered by the Committee. My Protective Services section have raised no concern about this proposed use adjacent to the existing filling station, for which other, non- planning legislation exists to address safety matters.

4.8 In conclusion, I consider the current outline application to be in accordance with overall development plan and national planning policy. Having assessed all the relevant issues, I would recommend approval of the application subject to various detailed planning conditions to control the matters of concern which are listed in paragraph 4.2 above and discussed fully in the report.

191 Application No: S/02/00644/0UT

Date Registered: 10th June 2002

Applicant : Colin And Rosaleen Jenkins 4 Torbothie Road Shotts ML7 5JJ

Development: Erection of Dwellinghouse - in Outline

Location: Land North Of 77-89 Main Street Shotts Lanarkshire

Ward: 17: Stane

Grid Reference: 288285659379

File Reference:

Site History: No relevant site history

Development Plan: The site is zoned residential in the Southern Area Local Plan Finalised Draft (Modifications 2001) and in the Shotts Local Plan 1982.

Contrary to Development Plan: No

Consultations: S. E.P.A.(W est) (Comments) West Of Scotland Water (Comments) The Coal Authority (Comments)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Outline planning permission is sought for the erection of one dwellinghouse on land on the northeast side of Main Street, Shotts, a little to the east of its junction with Torbothie Road. The site is zoned as residential in the Local Plan and was previously used for this purpose prior to the demolition of three previous dwellings in 1970. It is clearly suitable for a new single dwelling use in principle and no adverse consultation replies or letters of objection have been received. I therefore recommend approval subject to conditions

Recommendation: Approve Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the design and location of all boundary walls and fences; (d) details of existing trees, shrubs and hedgerows to be retained; (e) the provision of drainage works; (f) the disposal of sewage;

192 PLANNING APPLICATION No. S / 02 / 00644 I OUT

ERECTION OF DWELLINGHOUSE P.pDlvd,nmtn Dl*...S"**m*llmWl" A y.p",nndl(.cnYdl.dnr*I/..niI smavmu .CW"axlrnL LAND NORTH OF 77 - 89 MAIN STREET, SHOTTS. UIUID""dr9nUM l*hlm-clp" axlIlD*l ld m*l.dloDDI.xYn (1W1I POidlW

193 (9) details of existing and proposed site levels.

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

2. 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.

3. 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.

4. That no trees within the application site shall be lopped, topped or felled and no shrubs or hedges, shall be removed from the application site, without the approval in writing of the Planning Authority.

Reason: To safeguard the residential amenity of the area.

5. That before the dwellinghouse hereby permitted is occupied 2 car parking spaces shall be provided within the curtilage of the plot and outwith the public road or footway, and thereafter be maintained as parking spaces.

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

6. 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 interest of road safety.

7. That before the dwellinghouse hereby permitted is occupied, a private vehicular access, or driveway, of at least 10 metres in length, shall be provided and the first 2 metres of this access, beyond the limit of the adjoining road, shall be surfaced in an impervious material, to be approved by the Planning Authority.

Reason: In the interest of road safety.

8. That a visibility splay of 2.5 metres by 120 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is occupied, 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 interest of road safety.

194 Background Papers:

Application form and plans received 2nd May 2002

Memo from Transportation Section received 22nd July 2002 Memo from Head Of Protective Services received 12th August 2002 Letter from S.E.P.A.(West) received 12th July 2002 Letter from West Of Scotland Water received 22nd July 2002 Letter from The Coal Authority received 1st July 2002

Southern Area Local Plan Finalised Draft (Modifications 2001 )

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128.

195 Application No: S/02/00826/FUL

Date Registered: 19th June 2002

Applicant: Mr H Hussain C/O Agent

Agent GSG Architects Ltd 26 Blantyre Gardens Blackwood Cum bernauld G68 9NJ

Development: The Demolition of Existing Shop Unit And Construction of Larger Replacement

Location: 72 Carfin Road Motherwell Lanarkshire MLI 5JZ

Ward: 29: Newarthill

Grid Reference: 277924.6591 60.

File Reference:

Site History: S/Ol/OO692/FUL 1st August 2001 Extension to Shop

Development Plan: The site is within a mixed use area in the Northern Area Local Plan and within a Secondary, Village and Neighbourhood Commercial Area on the Southern Area Local Plan Finalised Draft (Modified 2001).

Contrary to Development Plan: No

Consultations: The Coal Authority (comments)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

Planning permission is sought for a replacement shop at 72 Carfin Road, Motherwell. Planning permission (No. S/01/00692/FUL) had been granted for an extension to the existing shop last year however, the applicant now wishes to construct an entirely new shop, of varied elevational design, albeit the footprint of the new shop mirrors that given consent last year. Parking and delivery requirements have been met and no objections have been received in opposition to the proposal. I therefore recommend that planning permission be granted.

Recommendation: Approve 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.

196 197 2. That before the development hereby permitted starts, full details of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

3. That before the development hereby permitted starts, full details of the design and location of all fences and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, including any modifications as may be required.

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

4. That before the development hereby permitted is completed, all the fences, or walls, as approved under the terms of condition 3 above, shall be erected.

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

5. That before development starts, details of the lay-by required for the unloading of service vehicles shall be submitted to, and approved in writing by the Planning and Roads Authorities, including any modifications as may be required.

Reason: To ensure satisfactory vehicular servicing of the site.

6. That before the development hereby permitted is completed, the lay-by approved under the terms of condition no. 5 above, shall be levelled properly drained, and surfaced in a material which the Planning Authority has approved in writing before the start of surfacing work clearly marked out, and shall, thereafter, be maintained as an unloading service bay.

Reason: To ensure the satisfactory vehicular servicing of the site.

7. That before the development hereby permitted is completed, a 2 metre wide footway shall be constructed along the full frontage of the site, 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 pedestrian safety.

Background Papers:

Application form and plans received 5th June 2002

Northern Area Local Plan Southern Area Local Plan Finalised Draft (Modified 2001)

Letter from The Coal Authority received 10th July 2002

Any person wishing to inspect these documents should contact Joanne Delaney at 01698 302137

198 Application No: S/02100835/OUT

Date Registered: 13th June 2002

Applicant: Mr Wm McCluskey 236 Jerviston Street New Stevenston Motherwell Lanarkshire MLI 4HT

Development: Erection of 1 No. Dwelling in Outline

Location: 236 Jerviston Street New Stevenston Motherwell Lanarkshire MLI 4HT

Ward: 5: New Stevenston And Carfin

Grid Reference: 276060.658799.

File Reference:

Site History: Previous application for erection of dwelling in outline on garden ground to south of dwelling approved 5.6.01. Ref S/O1/00343/OUT

Development Plan: County of Lanark Central Area Part Development Plan 1958 - Zoned within Existing Residential Area Southern Area Local Plan Finalised Draft (Modified 2001) - Zoned within Policy HSG8 Established Housing Area

Contrary to Development Plan: No

Consultations: S.E.P.A.(West) (No Objection) Scottish Water (No Objection) The Coal Authority (Comments) Strathclyde Fire Brigade (No Objection) Scottish Natural Heritage (No Objection)

Representations: None Received

Newspaper Advertisement: Not Required

Comments:

This application seeks consent in outline for the erection of one dwelling in part of the rear garden of 236 Jerviston Street, a detached single storey dwelling. The applicant intends to use Cobbleton Road, which bounds the western edge of the site, for vehicular access.

The application was originally for the erection of three dwellings in outline on the site and has subsequently been amended to one proposed dwelling through negotiation.

The site is zoned within an established residential area in both the adopted and emerging Local Plans.

199 200 No objections have been received as a result of consultation or Neighbour Notification. It is considered that the application site can adequately accommodate one dwelling reflecting the density of adjacent existing house plots to the east, without detrimentally effecting surrounding residential amenity.

This application is therefore recommended for approval subject to conditions.

Recommendation: Approve Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) details of the design and location of all proposed boundary walls and fences; (e) the provision of drainage works; (f) the disposal of sewage; (9) details of existing trees, shrubs and hedgerows to be retained; (h) details of existing and proposed site levels.

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

2. 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.

3. 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.

4. That, notwithstanding the provisions of the Building Standards (Scotland) Regulations 1990, and before the development starts, a certificate from a recognised firm of chartered engineers, duly signed by a Chartered Engineer or Chartered Geologist of Geotechnical Adviser Status (ICE, SlSG 1993) shall be submitted to the Planning Authority confirming the mineral stability of the site. This certificate shall be based on a professionally supervised and regulated rotary drilling programme.

Reason: To ensure the mineral stability of the proposed site in the interests of prospective occupiers (Note: A copy of the required Certificate is available from the Divisional Office).

20 1 Background Papers:

Application form and plans received 13th June 2002 The Southern Area Local Plan Finalised Draft Local Plan (Modified 2001)

Letter from S.E.P.A.(West) received 11th July 2002 Letter from West Of Scotland Water received 23rd July 2002 Letter from The Coal Authority received 9th July 2002 Letter from Strathclyde Fire Brigade received 8th July 2002 Letter from Scottish Natural Heritage received 11th July 2002

Any person wishing to inspect these documents should contact Paul Williams at 01698 3021 90.

202 APPLICATION NO. S10210083510UT

REPORT

1. Description of Site and Proposal

1.I This application seeks consent for the erection of ne sing1 storey dwellin C art of the r r garden 'of 236 Jerviston Street, Motherwell, a single storey detached c elling. The site is hounded to the west by Cobbleton Road, to the north by 234 Jerviston Street and to the south by a wooded area adjacent to the northern boundary of Colville Park Golf Club. Surrounding adjacent dwellings are single or one and a half storey in height.

1.2 The application was originally for the erection of three dwellings in outline on the site, the applicant subsequently amended the proposal to one dwelling in outline. The applicant proposes to use Cobbleton Road, a private unadopted lane for vehicular access, this access currently serves one other dwelling.

2. Development Plan

2.1 The site is zoned within an existing residential area in The County of Lanark Part Development Plan 1958, which is the adopted Local Plan. It is within Policy HSG8, an established residential area in the emerging Southern area Finalised Draft Local Plan (Modified 2001).

2.2 Policy HSG8 seeks to protect the established character of existing and new housing areas by opposing development which is incompatible with a residential setting or adversely affects the amenity of established housing areas.

3. Consultations and Representations

3.1 SEPA, Scottish Water, The Coal Authority, Strathclyde Fire Brigade and Scottish Natural Heritage have been consulted and no objections have been received.

3.2 No objections have been received as a result of neighbour notification.

4. Planning Assessment and Conclusions

4.1 As previously stated, the originally submitted application was for the erection of three single storey dwellings on the site. Furthermore, the applicant has previously received consent in outline for the erection of one single storey dwelling, accessed from Jerviston Street, on existing garden ground to the south of his dwelling in 2001 (ref. no - S/01/00343/OUT).

4.2 It is recognised that the plot that 236 Jerviston Street occupies is relatively large covering an approximate area of 0.9 Hectares. The dwelling approved in outline in 2001 covers approximately one third of this area, as does the current application site.

4.3 It was considered that the original proposal for three dwellings on the site was over- development and incongruous in terms of the plot densities of the existing adjacent dwellings and that of the plot approved in outline in 2001. Through negotiation, the applicant has submitted a revised proposal for one dwelling in outline.

203 4.4 In terms of access, it would appear that Cobbleton Road currently exclusively serves one dwelling. As such, the proposal complies with Council standards in terms of only two dwellings being served from a private access.

4.5 The revised proposal is considered to be acceptable in terms of density as it can adequately accommodate one dwelling at a density in keeping with adjacent plot densities. Furthermore, it is considered that a single storey dwelling can, subject to satisfactory detailed design, be erected on the site without any detriment to surrounding residential amenity. As such, it is considered that the revised proposal complies with policy HSG 8 in the emerging local plan.

4.6 The proposal is considered to be acceptable in land use terms, proposed vehicular access and in terms of density. As such, this application is recommended for approval subject to the application of the appropriate conditions.

204 Application No: S/02/00903/0UT

Date Registered: 26th June 2002

Applicant: James Edwards 100 Bellshill Road Fallside Uddingston G71 6NU

Agent Stanley C Cook 12 Beveridge Terrace Mossend Bellshill ML4 2RJ

Development: Erection of One Dwellinghouse - Outline

Location: Land East Of 100 Bellshill Road Bothwell Glasgow

Ward: 22: Fallside

Grid Reference: 270964660399

File Reference: SIPLIBISII 17( 129)IJDIAH

Site History:

Development Plan: The site is zoned primarily for Industrial use in the Uddingston - Tannochside Town Map. The site is zoned Green Belt on the Southern Area Local Plan Finalised Draft (Modified 2001).

Contrary to Development Plan: Yes

Consultations: West Of Scotland Water (no objection) British Gas Transco (no objection) Scottish Power (no objection) The Coal Authority (no objection) British Telecom (no objection)

Representations: None Received

Newspaper Advertisement: 18 July 2002

Comments:

Outline consent is sought for the erection of a dwellinghouse on land east of 100 Bellshill Road, Bothwell, Glasgow. The adopted local plan of 1973 zoned the area for industrial use, however, this use is no longer operational at this location, given past consents for four detached dwellings which adjoin the application site. The finalised draft local plan (modified 2001) zones the land as Green Belt, and whilst an agricultural or leisure justification would normally be required to support an additional dwellinghouse in the Green Belt, discretion can be exercised in this instance, as the application site is the sole remaining gap site in this small residential development, where consents have been issued in the past. Utility bodies have confirmed that they can serve the site and no objections have been received in

205 PLANNING APPLICATION No. S / 02 / 00903 /OUT ERECTION OF DWELLINGHOUSE( IN OUTLINE ) /i

206 respect of the development. I therefore recommend that planning permission be granted.

Recommendation: Approve Subject to the Following Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following reserved matters:- (a) the siting, design and external appearance of all buildings and other structures; (b) the means of access to the site; (c) the layout of the site, including all roads, footways, and parking areas; (d) the design and location of all boundary walls and fences; (e) details of existing trees, shrubs and hedgerows to be retained; (f) details of existing and proposed site levels.

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

2. 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

3. 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

4. That the design and siting of the dwellinghouse hereby permitted on the site shall take cognisance of the rural location, with particular regard being paid to scale, massing, roof pitch, fenestration and materials; and shall be in accordance with the provisions of Planning Advice Note No. 36.

Reason: In the interests of the amenity of the Green Belt area.

5. Notwithstanding condition no. 1 above, a visibility splay of 4.5 metres by 120 metres, measured from the road channel, shall be provided on both sides of the vehicular access and before the development hereby permitted is completed, 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 pedestrian and vehicular safety.

6. 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: To enable vehicles to enter and leave the site in forward gear at all times, in the interests of traffic safety.

207 That the total number of dwellinghouses within the site shall be one only.

Reason: To define the consent to complement the land pattern of detached dwellinghouses adjoining the site, and to contain vehicular movements.

That before the development hereby permitted, the vehicular access to the site shall be widened to 5.5 metres from the first 10 metres from the junction of the private access and Bellshill Road and shall be surfaced in an impervious material, to be approved by the Planning Authority.

Reason: To ensure satisfactory vehicular access facilities to the site

That the driveway leading to the proposed dwelling shall be located at least 15 metres from the junction of the private access and Bellshill Road.

Reason: In the interests of traffic and pedestrian safety.

Background Papers:

Application form and plans received 2nd June 2002

Letter from West Of Scotland Water received 30th July 2002 Letter from British Gas Transco received 16th July 2002 Letter from Scottish Power received 22nd July 2002 Letter from The Coal Authority received 17th July 2002 Letter from British Telecom received 22nd July 2002

Uddingston - Tannochside Town Map Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Joanne Delaney at 01698 302137.

208 Application No: S/02/009081FUL

Date Registered: 28th June 2002

Applicant: Stephen Frame 39 Howburn Road Harthill ML7 5SB

Development: To Site Mobile Snack Bar in Car Park

Location: Snack Bar At CPA Calderhead Road Shotts Lanarkshire

Ward: 18: Dykehead

Grid Reference: 286556660797

File Reference: SlPLll71421RT

Site History: No relevant site history

Development Plan: The site is covered by industrial policies in the Southern Area Local Plan Finalised Draft (Modified 2001).

Contrary to Development Plan: No

Consultations:

Representations: 3 Letters of Objection / Representation

Newspaper Advertisement: 19.07.2002

Comments:

This planning application seeks planning permission for the siting of a snack van within the car park adjacent to Compressor Parts and Accessories Ltd, Calderhead Road, Shotts. Three letters of objection have been received in connection with the application and for details outlined in my report I recommend that planning permission be refused for the proposal.

Recommendation: Refuse for the Following Reasons:-

1. That the siting of a mobile snack van within the car park would cause displacement parking of staff and visitors for the site as well as encouraging passing traffic to park on Calderhead Road, which is a fast moving road with speeds up to 60 miles per hour, all to the detriment of road and pedestrian safety.

209 210 Background Papers:

Application form and plans received 28th June 2002 Consultation from NLC Transportation Section received 23rd August 2002 Letter from Healthcare Environmental Services Ltd, Calderhead Road, Shotts, ML7 4EQ received 4th July 2002. Letter from Compressor Parts And Accessories Ltd, Head Office, Calderhead Road, Shotts, ML7 4EQ received 18th July 2002. Letter from Compressor Parts And Accessories Ltd, Calderhead Road, Shotts, Lanarkshire, ML7 4EQ received 22nd July 2002.

Any person wishing to inspect these documents should contact Rosaleen Toal at 01698 302128.

21 1 APPLICATION NO. S/02/00908/FUL

REPORT

1. Description of Site and Proposal

1.1 The application site is a car parking area between two existing factory units. The car parking at present is used for the parking of cars of employees and visitors to both units and well as being used on a regular basis by articulated vehicles. The car park has not been marked out with car parking spaces and has a number of large pot holes within the centre.

1.2 The applicant is proposing to site a mobile snack van within this car park, to attract employees of the factory units as well as passers by to stop to purchase refreshments.

2. Development Plan

2.1 The application raises no strategic issues and therefore the Development Plan is established through the Local Plan.

2.2 Within the Southern Area Local Plan the site is within an established industrial and business area and is covered by Policy IND 8 which seeks to retain the existing character of the area.

3. Consultations and Representations

3.1 The Transportation Section has recommended that the application be refused as the condition of the car park will lead to traffic stopping and parking on Calderhead Road.

3.2 Three letters of objection have been received in connection with the proposal, two from Compressor Parts and Accessories Ltd and one from Healthcare Environmental Services Ltd. The main points of objection relate to the lack of adequate parking facilities for the snack bar, the concern over the access point for articulated vehicles to reverse into the warehouses, the possible vandalism and litter nuisance the snack bar may cause, poor visibility on exiting the site, the fast moving traffic on Calderhead Road and the issues a snack van may cause if the proposed waste transfer station was approved on the site.

4. Plannina Assessment and Conclusions

4.1 On detailed assessment of the proposal it is considered that the siting of a mobile snack van within the car park would cause displacement parking of staff and visitors for the site as well as encouraging passing traffic to parking on Calderhead Road, which is a fast moving road with speeds up to 60 miles per hour.

4.2 It should be noted that the applicant did amend the location of the snack van after submitted the planning application, however both objectors raised the same concerns with both sites the applicant proposed.

4.3 Taking the above into account, including the comments from the Transportation Section, I recommend that the application is refused.

212 Application No: S/02/0091 OIFUL

Date Registered: 27th June 2002

Applicant: Sarah Nisbet 15A Wishaw Low Road Cleland Motherwell MLI 5QU

Development: Erection of Mobile Snack Bar in Car Park

Location: Snack Bar At Coltness Industrial Park Main Street Newmains Wishaw Lanarkshire

Ward: 16: Newmains

Grid Reference: 282247655362

File Reference:

Site History: No relevant history

Development Plan: The site is an Established Industrial and Business Area in the Southern Area Local Plan Finalised Draft (Modified 2001), to which Policy IND8 applies.

Contrary to Development Plan: No

Consultations:

Representations: None Received

Newspaper Advertisement: 19 July 2002

Comments:

The applicant seeks full planning consent to site mobile sn ck bar at the Coltness Industrial Park, Main Street, Newmains. This would be positioned in the northern corner of the vacant former Tarmac car park, to the right hand side of the access road into the Industrial Park, approximately 60metres from the entrance from Main Street. No delineated car parking spaces would be affected. The proposed snack bar unit measures 5.3 X 2.5 metres and is 2.6metres high. There are no objections to this proposal including from my Transportation Section or third parties and I therefore recommend approval.

Recommendation: Approve Subject to the Following Conditions:-

1. That the permission hereby granted is for a temporary period only and shall expire on 10 September 2007.

Reason: To enable the Planning Authority to retain effective control.

213 PLANNING APPLICATION No. S / 02 / 00910 / FUL

SITING OF MOBILE SNACK BAR

214 Bac kgroond Papers:

Application form and plans received 27th June 2002

Memo from Transportation Section received 20th August 2002

Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128.

215 Application No: S/02/01033/FUL

Date Registered: 22nd July 2002

Applicant : Mr M Cathcart 72 Beechwood Gardens Bellshill Lanarkshire ML4 2PG

Development: House Extension

Location: 72 Beechwood Gardens Bellshill Lanarkshire ML4 2PG

Ward: 26: Mossend West And Thorndean

Grid Reference: 274273.659782.

File Reference:

Site History:

Development Plan: The site is covered by residential policies in both the Bellshill and Mossend Local Plan and the Southern Area Local Plan Finalised Draft (Modified 2001).

Contrary to Development Plan: No

Consultations:

Representations: 1 Letters of Objection / Representation

Newspaper Advertisement: Not Required

Comments:

Planning permission is sought for a single storey side and rear extension to the dwellinghouse at 72 Beechwood Gardens, Bellshill. The extension will accommodate a replacement garage to the side and a new bedroom and utility room to the rear. One letter of objection was received from the neighbour at no. 74 on the grounds that the extension would result in a loss of sunlightldaylight to their kitchen window located on the gable elevation of the dwellinghouse. Given the directional path of the sun, loss of sunlightldaylight will only occur in the late afternoon, and the loss is considered negligible. Furthermore, it is only the garage which has an impact upon the sunlightldaylight received by no. 74, and this could be built as permitted development, if it was the sole development proposal. Having taken all concerns into account, it is considered that the extension is acceptable in terms of scale and design and its affect on neighbouring properties, therefore it is recommended that planning permission be granted.

Recommendation: Approve Subject to the Following Conditions:-

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

216 217 Reason: To accord with the provisions of the Town and Country Planning (Scotland) Act 1997

2. 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.

Reason: In the interests of the visual amenity of the dwellinghouse and surrounding area.

Background Papers:

Application form and plans received 22nd July 2002

Letter from H L Turnbull, 74 Beechwood Gardens, Bellshill, ML4 2PG, received 31st July 2002.

Bellshill & Mossend Local Plan Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Joanne Delaney at 01698 302137.

218 Application No: S/02/01063/AMD

Date Registered: 2nd August 2002

Ap pl icant : Mr Brian McFarlane 6 Wilsgait Street Cleland MLI 5PE

Development: Erection of Upper Balcony to Rear Elevation, Including Screen to South Facing Elevation.

Location: 86 Biggar Road Cleland Motherwell Lanarkshire MLI 5PL

Ward: 19: Cleland

Grid Reference: 2801 28 65881 0.

File Reference: SIP L/4/20/RT

Site History: S/Ol 01634FUL Erection of Rear Extension Granted 3rd April 2002

Development Plan: The site is covered by residential policies in the Southern Area Local Plan Finalised Draft (Modified 2001).

Contrary to Development Plan: No

Consultations: None

Representations: 1 Letters of Objection / Representation

Newspaper Advertisement: Not Required

Comments:

This planning application seeks planning permission for the erection of an upper balcony to the rear of the dwellinghouse at 86 Biggar Road, Cleland. One letter of objection has been received in connection with the proposal and from details in my accompanying report I recommend that planning permission be granted, subject to the attached conditions.

Recommendation: Approve 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 is brought into use the 2 metre high solid opaque screen shall be erected and not removed at any time without the prior approval of the planning authority.

219 220 Reason: In the interests of the amenity of the adjoining neighbouring property.

Background Papers:

Application form and plans received 2nd August 2002 Letter from Mrs Margo Young, 84 Biggar Road, Cleland, Motherwell, MLI 5PL received 10th July 2002. Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Rosaleen Toal at 01698 302104.

22 1 APPLICATION NO. S/02/01063/AMD

REPORT

1. DescriDtion of Site and ProDosal

1.I The application site is a detached dwellinghouse, which lies on the east side of Biggar Road, Cleland. The applicant has recently extended the dwellinghouse and is now proposing to erect an upper balcony to the master bedroom. The balcony would be 5.3 metres long and project 1.4 metres from the building line with a 2 metre high opaque screen to the south facing elevation, which will project the full depth of the balcony. The applicant has also proposed a tree line adjacent to the proposed balcony.

1.2 It should be noted that the applicant had proposed a rear balcony as part of the planning permission for the extension to the dwellinghouse approved under delegated powers (planning reference number S/01/01634/FUL). During the processing of this planning application the objector, Mrs Young raised concerns with the balcony element of the proposal as the balcony was 1.4 metres in depth with no form of screening to the south elevation. Negotiations took place with the applicant and he agreed to amend this element from a balcony to a guard rail.

2. Development Plan

2.1 The application raises no strategic issues and therefore the Development Plan is established through the Local Plan.

2.2 Within the Southern Area Local Plan the site lies within an area zoned as HSG 8 (Established Housing Areas). This policy seeks to protect the established character of the existing housing areas.

3. ConsuI tat ions and Re Dresentations

3.1 One letter of objection has been received from an adjoining neighbour in relation to the application. The objection is on the following grounds:

(i) The balcony will directly overlook the driveway and back door which is the main access to the dwellinghouse; (ii) Persons on the balcony will have a clear view into the objector’s lounge, which will be an invasion of privacy; (iii) The applicant has proposed a tree line as part of the proposal, which are not acceptable as they will take a length of time to grow; they are not a permanent feature and can be removed at any one time; there are enough trees already in the applicant’s garden and any additional trees will reduce the light to that side of the objector’s dwellinghouse.

4. Plannina Assessment and Conclusions

4.1 On the grounds of the objection received, the following response is made:

It is considered that the opaque screen to the south elevation of the balcony will reduce the impact on the privacy of the adjoining property to acceptable levels. In respect to the proposed trees, I am satisfied that would have no beneficial impact on the neighbouring property and any permission issued will not require them to be planted.

222 4.2 It is therefore considered that the proposed balcony is acceptable on the site and I would therefore recommended that planning permission be granted subject to the attached conditions.

223 Application No: S/02/01069/FUL

Date Registered: 6th August 2002

Ap p Ii can t : Terex UK Ltd Newhouse Industrial Estate Newhouse MLI 5RY

Agent The John Russell Partnership Wilsons Road Newhouse Motherwell MLI 5NB

Development: Recladding of Buildings

Location: Terex Kirk Road Newhouse Motherwell Lanarkshire

Ward: 27:

Grid Reference: 277710.661072.

File Reference: S/PL/B/5/64(151)/AM/JF

Site History: None relevant

Development Plan: The site lies within an area zoned for Industrial and Business purposes within the Northern Area Local Plan and the Southern Area Local Plan Finalised Draft (Modified June 2001 ).

Contrary to Development Plan: No

Consultations: None

Representations: 1 Letters of Objection / Representation

Newspaper Advertisement: Not Required

Comments:

This planning application seeks consent for recladding of two buildings at the Terex plant at Newhouse Industrial Estate. The buildings are of considerable age and require to be brought up to modern day standards by recladding of the walls and roof. No expansion to floorspace is proposed. A letter of objection has been received with a list of points which I detail in my attached report. The comments are not issues which can be dealt with under planning legislation and I therefore recommend that consent be granted subject to conditions.

Recommendation: Approve 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

224 225 2. That before the development hereby permitted starts, full details 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: In the interests of the visual amenity of the buildings and surrounding area.

Background Papers:

Application form and plans received 6th August 2002

Letter from Mr Tom Ferguson,263 Edinburgh Road, Newhouse, Motherwell, ML1 5RU received 28th August 2002.

Any person wishing to inspect these documents should contact Murray Reid at 01698 302142

226 APPLICATION NO. S/02/01069/FUL

REPORT

1. Description of Site and Proposal

1.1 The proposed development is to reclad a number of the existing buildings at Terex Ltd at Newhouse Industrial Estate . Block 18 will be entirely reclad and re-roofed using modern materials. The office block in front of Block 18 and the offices section of Block 19 will also be reclad. The existing buildings are a mix of brick and older style cladding.

1.2 The buildings are located within the industrial estate and partly front onto Edinburgh Road with other sections fronting roads within the estate.

2. Development Plan

2.1 The site lies within an area zoned for Industrial and Business purposes within the Northern Area Local Plan and the Southern Area Local Plan Finalised Draft (Modified June 2001). The development is in accord with the development plan.

3. Consultations and Representations

3.1 No consultations were undertaken.

3.2 One objection was received from a neighbour at 263 Edinburgh Road. The main points of the objection are as follows:

(i) No objection to the principle of the development; (ii) All work on the Edinburgh Road side of the factory should be kept within the hours 0900 to 1600 Monday to Friday; (iii) No contractors huts or transport in the said area; (iv) No generators running between 1700 and 0800; (v) No dust pollution whatsoever; (vi) No noise from the factory between 1700 and 0800; (vii) Sound absorbent material to be incorporated during the process; (viii) The replacement perimeter fence to be of a closed type to give privacy.

4. PIann i na Assessment and COn c Iu s io ns

4.1 The application before the Council is purely for the re-cladding of existing buildings so point (vi) above cannot be dealt with under this application. With regard to point (viii) there are no proposals within this application for any replacement fencing.

4.2 With regard to point (iii) I can see no benefit in restricting location of temporary site huts, assuming these may be required, as their location elsewhere may impinge on car parking areas.

4.3 It is recognised that there will always be an element of disruption during construction work, however, the legislation suggested by the objector could be onerous to the applicants and lengthen the time taken to implement the proposal.

4.4 Points (v) and (vii) are outwith the terms of the planning legislation.

227 4.5 The objector is in the unfortunate location of having an industrial estate immediately to the rear of the house, however, I cannot see that any of the proposals will cause any additional nuisance. As stated above, a number of the points of objection are outwith the scope of planning control and it would be inappropriate to place conditions to control the points raised. I therefore recommend that planning permission be granted subject to conditions.

228 Application No: S1021006781FUL

Date Registered: 14th August 2002

Applicant : D Lees & C McAlister Clo ADM Ltd Portland Business Centre Portland Road lrvine KA12 8JE

Agent Victor A N Swindall ADM Ltd Portland Business Centre Portland Road lrvine KA12 8JE

Development: New Semi-Detached House Block

Location: Land West Of 4 Springhill View Shotts Lanarkshire

Ward: 17: Stane

Grid Reference: 288542 659131

File Reference: SIPLIBII 7155

Site History: 146190lOUT Residential development (5 plots) approved 6/1991 S/96/332 and 333lFUL applications for 2 dwellings on remaining plot refused August 1996

Development Plan: The site is within a residential area in both the Shotts Local Plan 1982 and the Southern Area Local Plan Finalised Draft (Modified 2001). Policy HSG8 of the latest plan seeks to protect the character and amenity of the area.

Contrary to Development Plan: No

Consultations: S.E.P.A.(West) (No objection) West Of Scotland Water (Comments) The Coal Authority (Comments)

Representations: 2 Letters of Objection / Representation

Newspaper Advertisement: Not Required

Comments:

Full planning permission is sought to erect a pair of semidetached houses on land west of No 4 Springhill View, Shotts. This site is the last part of an infill plot which gained outline consent for 5 dwellings in 1991 (see history above), with 4 houses already having been developed. There are amenity and road safety concerns with this application for 2 houses on this plot, which would result in overdevelopment out of character with the surrounding area. I consequently recommend refusal.

229 PLANNING APPLICATION No. S / 02 / 00678 / FUL Rdxd4 R.nnmp.rd Ewlnnmnf e..*qun.n .%*.50, hrn* k. ERECTICN OF SEMI -DETACHED HWSE BLOCK I m*Rd CWBWIUULD P.mm ,mm,n e&.." eu**mq. 057 IW LAND WEST OF 4 SPRINGHILL VIEW, SHOl-rS. A a pa,riada CrnWd*d t.rwR,

230 Recommendation: Refuse for the Following Reasons:-

1. That the proposed development would adversely affect the amenity of adjoining residential properties, would be out of character in its setting, and provide unsatisfactory access and parking arrangements which would adversely affect road safety. As such it represents overdevelopment of the site and is contrary to Policy HSG8 and to the principles of Policy TR13 of the Southern Area Local Plan Finalised Draft (Modified 2001).

Background Papers:

Application form and plans received 21 st May 2002

Memo from Transportation Section received 24th July 2002 Letter from S.E.P.A.(West) received 13th August 2002 Letter from West Of Scotland Water received 23rd July 2002 Letter from The Coal Authority received 5th July 2002

Letter from Mr & Mrs K Barr,61 Springhill Road, Shotts, ML7 5JA received 6th June 2002. . Letter from Christopher & Marilyn Barbour,4 Springhill View, Shotts, ML7 5HB received 4th June 2002.

Southern Area Local Plan Finalised Draft (Modified 2001)

Any person wishing to inspect these documents should contact Richard Cartwright at 01698 302128,

23 1 APPLICATION NO. S/02/00678/FUL

REPORT

1. Description of Site and Proposal

1.I This application seeks full planning permission to construct a pair of semi-detached houses on land west of No 4 Springhill View, Shotts. To the south of the site are single storey houses fronting Springhill Road. To the north, northwest and east are 2 storey dwellings.

1.2 It is proposed to erect a pair of 2 storey houses 7.7 m high, finished in render with some brickwork to the front elevation, facing a combined access point at the head of Springhill View. An integral single garage and driveway parking space is shown for each house, but no turning or visitor parking provision is made.

1.3 The proposed siting of the dwellings is at an angle to all other surrounding houses, with the front left corner of the block 3 m from the rear boundary of nos 57-59 Springhill Road and 6.4 m from the rear wall of these properties. The resulting rear and side gardens for the proposed dwellings would be triangular in shape.

2. Development Plan

2.1 Both the Shotts Local Plan 1982 and the Southern Area Local Plan Finalised Draft (Modified 2001) show this site as being within an established residential area. Policy HSG8 of the latest plan seeks to protect the character of existing housing areas and opposes development which would adversely affect amenity.

3. Consultations and Representations

3.1 My Transportation Section object to this application and would wish to see only a single house built on this remaining plot, in line with the original proposal for a total of 5 dwellings (see site history section).

3.2 Scottish Water and the Coal Authority have made comments about this application on the need to adequately address drainage and past mining activity issues respectively. Both of these matters could adequately be covered by informatives were consent to be granted. SEPA have no objection to the proposal.

3.3 Two third party letters of objection have been received from adjoining occupiers of residential properties. Concerns raised are:

(a) the original proposal was for 1 house on this plot and there was a previous refusal for two houses (see history); (b) traffic, road and pedestrian safety issues, lack of visitor parking; (c) loss of light to rear garden (no 4 Springhill View).

4. Plannina Assessment and Conclusions

4.1 Whilst residential development is acceptable in principle on this site, the key issue is whether the proposed two dwellings can adequately be accommodated without adverse affect on amenity, the character of the area or road safety considerations.

4.2 The proposed siting of a two storey building, just 3 m from the rear curtilage boundary and 6.4 m from the rear wall of the single storey dwellings nos 57-59 Springhill Road, would have an overbearing effect and an adverse impact on the amenity of these properties. There would also be a lesser impact on other adjoining properties. In terms of the Council’s open space

232 standards, the rear garden depth would range from 3.5 to 12.5 m, with triangular gardens created and the adopted 10 m depth only achievable over a small area. The orientation of the proposed pair of two storey semi-detached houses would be out of character with surrounding properties and result in a cramped form of overdevelopment on this site.

4.3 In terms of transportation issues, whilst an integral single garage and one driveway parking space is shown for each house, no turning space is provided and the proposed new dual accesses onto the western hammerhead of Springhill View, adjacent to No 4’s existing access, is cramped. There is no visitor parking provision or scope for this in Springhill View, and the building of two new dwellings on this plot would exacerbate this situation unsatisfactorily.

4.4 I conclude that the present application would represent overdevelopment of this site and would adversely affect amenity, the character of the area and road safety. This is a similar conclusion to the reason for refusal of a previous application for two dwellings on this plot in 1996. I therefore recommend that the application be refused.

233