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G65 OQH 26Th June 201 2 G68 36Application No: Proposed Development: 12/00626/PPP Construction of Dwellinghouse (in principle) She Address: Kelvinhead Farm Stirling Road Kilsyth North Lanarkshire G65 OQH Date Registered: 26th June 201 2 Applicant: Agent: William Dow Colin Stewart Kelvinhead Projects Ltd Colin Stewart Architect Kelvinhead Farm "Lismore" Stirling Road The Lane Kilsyth Dullatur North Lanarkshire G68 OAU G65 OQH Application Level: Contrary to Development Plan: Local Application Yes Ward: Representations: 001 Kilsyth 1 letter of representation received. Jean Jones, Heather McVey, Alan Stevenson, (from Banton and Kelvinhead Community Council) Recommendation: Refuse Reasoned Justification: The proposed residential development is contrary to the green belt zoning of the site and if approved would set an undesirable precedent for other similar proposals in the Greenbelt. 148 Produold by Ranning Application 12rm626hJPP Phnnha and Dnibrninl Wllisrn Dow Construction of belinghouse (in principle) Kelvinhead Fan, Win Road, Kilsph IRepresentation Outwi!! Map Area 149 Recommendation: Refuse for the Following Reasons:- 1. The proposed development will adversely affect the green belt by introducing new residential development that is not required for any rural use; in this respect the proposal is contrary to the Policy GB3 (Green Belt) in the Kilsyth Local Plan 1999 and Policy NBE 3A (Green Belt) in the Finalised Draft North Lanarkshire Local Plan. 2. That should planning permission be granted a precedent may be set for other unjustified and inappropriate development within protected green belt areas. Backaround PaPm Representation Letters Letter from Mr Ron Morecroft, Banton and Kelvinhead Community Council, 23 Valleybank, Banton, Kilsyth received 12th July 2012. Consultation Reeponses: The Coal Authority received the 25'hJuly 201 2. Scottish Environment Protection Agency [Fceived 1 Oth July 201 2. Health and Safety Executive received 14 August 201 2. NLCTraffic & Transportation received 3" August 2012. NLC Greenspace received 24thJuly 201 2. Contact Information: Any person wishing to inspect these documents should contact Mr Paul Williams at 01236 6325 1 9 Report Date: 28'h August 201 2 150 APPLICATION NO. 12/0062WPPP REPORT 1. 1.1 The site lies to the north of Kelvinhead farmstead and is bounded to the southwest by Banton Road, to the north by open countryside and to the south by Greenacre cottage, a 1970s bungalow and Kelvinhead farmhouse, a one and a half storey traditional farmstead building of stone and slate finish. Other buildings within the farmstead are more utilitarian metal clad byres and outbuildings. 1.2 The site is relatively flat but gradually slopes upwards to the north. It is bounded by bunding and mature tree belts to the north and northwest as well as along the Banton Road, southwest boundary. The site is accessed from Banton Road via a stone gateway incorporating two parallel vehicular access points, one serving the driveway of the renovated cottage to the north of the site (Dow Lodge) and the other providing access to the application site. The aforementioned driveway, with a hard concrete surface, lies within the site along the northern boundary. The dwelling known as Greenacres to the south has a separate access from Banton Road as does Kelvinhead farmhouse from Stirling Road. 1.3 Although not overly visible from the public road, the site has a semi-derelict appearance with a gravel surface permeated by weeds with piles of dumped building materials, redundant equipment and a portable cabin unit adjacent to the northeast boundary of the site. 2. 2.1 The proposal is for the construction of a dwellinghouse In principle and the applicant has provided, for illustrative purposes only, drawings of a single storey detached dwelling orientated to face Banton Road but set back into the centre of the site. 3. 3.1 By way of background, the applicant has explained that the family farming business expanded into potato haulage and plant hire. Planning permission for a change of use of the site as a yard area for the potato haulage business and plant hire was granted (on appeal) in 1982. Landscape screening was a condition of the consent and a landscape architect was employed to redesign the yard, including soil bunds and trees along the boundary of the site and a new entrance from Banton Road. 3.2 The applicant has further submitted that the main reasoning behind this application is that at the age of 67 the main farmhouse is too large for him, his mother who is 91 is still very fit and lives in the bungalow on the farm (Greenacres). He has two sons and a daughter and five grandchildren and he wants to continue as a farming family in this lovely rural area. His mother gave birth to him in the same farmhouse, and he has never lived anywhere other than Kelvinhead. If granted permission, his intention would be to live in the new smaller house, thus freeing up the larger farmhouse for younger members of the famify with children to move into. 4. Site History 4,l The following previous applications are relevant to the current proposal. 0 CN/82/34 - Change of Use -Additional farm business, Potato Merchants extension to existing hard standina.". Parkina" of farm vehicles and implements and also blant hire 151 equipment - Approved December 1982. 0 95/00028/PL Restoration and Extension to Dwelling (Dow Lodge) - approved August 1995. 5. DeveloPment Plan 5.1 The proposal is not of strategic significance and as such, does not conflict with the SPP and Strategic Development Plan and should be assessed against the criteria and policies in the Kilsyth Local Plan 1999 and the emerging Finalised Draft North Lanarkshire Local Plan (FDNLLP). 5.2 In terms of the Kilsyth Local Plan 1999, the site lies within the Greenbelt, Policy GB 3 which states that there will be a presumption against residential development in the Greenbelt unless it is shown to be necessary for furtherance of agriculture, forestry, and horticulture or other uses appropriate only to a rural area. Policy CF 10 also applies, this states that the council will consult with the Health and Safety Executive and British Gas with regard to any development proposal within the safeguarding zone of a gas pipeline, 5.3 In terms of the emerging Finalised Draft North Lanarkshire Local Plan (FDNLLP) NBE 3A - Greenbelt NBE 3A states that the Council will protect the character and promote development in the Green Belt through restricting development to acceptable types and operating an assessment criteria. Acceptable types of development include proposals necessary for agriculture, forestry or horticulture; facilities for outdoor recreation, education and tourism that are compatible with an agricultural or natural setting: telecommunications, generation of power from renewable sources or other appropriate rural uses. Development proposals should be assessed against the impact criteria set out in Policy NBE 3A. 6. Conaultationg 6.1 A summary of comments from consultees is as follows: 0 As the site falls within the consultation zone for a gas pipeline, The Health and Safety Executive was consulted and does not advise, on safety grounds, against the granting of planning permission in this case. The Coal Authority has expressed no objections to the proposal and does not consider that a Coal Mining Risk Assessment is required in this case as the specific part of the site where new development is proposed falls outside the defined Coal Mining Development Referral Area. 0 The Scottish Environment Protection Agency has offered standard standing advice applicable to this type of development. 0 N.L.C. Head of Roads and Transportation has expressed no objection subject to conditions that a hard surface driveway with drainage provision and three parking spaces are provided. 0 N.L.C. Greenspace has no objections provided that all existing trees and boundary planting will remain unaffectedby the proposal. 152 7. 7.1 Following neighbour notification and an advertisement in the Kilsyth Chronicle one letter was received from Mr Ron Morecroft confirming that Banton and Kelvinhead Community Council confirming they have no objections to the proposal. 8. Plannina Assessment 8.1 Section 25 of the Town & Country Planning (Scotland) Act 1097 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. 8.2 In this case, the proposal is not of strategic significance and as such, does not conflict with the SPP and Strategic Development Plan and should be assessed against the criteria and policies in the Kilsyth Local Plan 1000 and the emerging Finalised Draft North Lanarkshire Local Pian (FDNLLP). 8.3 The Kilsyth Local Plan 1990 identifies the site as Green Belt (GB 3), This policy presumes against residential development unless it is shown to be necessary for the furtherance of agriculture, forestry, horticulture or other uses appropriate only to a rural area, The purpose of the policy is to protect the urban fringe and countryside from inappropriate developments and to direct development into the urban area. The proposal is contrary to this policy as the residential development does not relate to any of the above matters. 8.4 Policy GB 3 also aims to protect the landscape of the Green Belt from the impact of inappropriate development that could be of detriment to the rural character or openness of the countryside. In this case, it is recognised, that due to landscape screening that was implemented as part of the haulage and plant hire business means that the site is well screened and a house on the site would not impact on the character of this location subject to satisfactory design details. Equally the mature landscaping means that the vacant yard does not have a significant adverse impact on the Green Belt. 8.5 Other Material Considerations - Finalised Draft North Lanarkshire Local Plan: The site Is covered by emerging local plan policy NBE 3A which continues to identify the site as Greenbelt with a presumption against development unless required for agriculture or other identified uses compatible with a Green Belt location.
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