Planning Applications for Consideration of Planning and Transportation Committee

Home , Carfin, Wishaw

AGENDA ITEM No ....A......

North Lanarkshire Council

Planning Applications for consideration of Planning and Transportation Committee

Committee Date: 16 May 2013

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

1 APPLICATIONS FOR PLANNING AND TRANSPORTATION COMMITTEE

16th May 2013

Page Application No Applicant DevelopmenffSite Recommendation No

5 12/01254/FUL BDW Trading Construction of 35 No. Dwelling Grant (P) Ltd Houses Along with Associated Infrastructure and Services Land At Former 17 - 21 Newtown Street Kilsyth

15 13/00112/FUL Viridor Waste Waste Glass Recycling Grant (P) Management Processing Facility (up to 200,000 Ltd tonnes per annum) with Associated Yard Storage and Environmental Improvements Viridor Waste Management Langmuir Way Bargeddie

25 13/00199/FUL Prologis UK Erection of 16,036sqm (Gross) Grant Ltd Storage and Distribution Unit (Class 6) With Ancillary Office Accommodation and Buildings and Associated Access Road, Parking and Landscaping Land East Of Co-operative Distribution Centre 401 Edinburgh Road Newhouse

35 13/002 17/FU L Mr Quintiliani Change of Use to Hot Food Grant Takeaway, 41 Merry Street, Mothe we1I

42 13/00269/AMD Lochay Homes Amendment to Planning Grant Ltd Permission 11/00584/AMD to Include Additional Land Within Rear Garden of Plots 20-27 Land Between Spindleside Cottage Station Road Cleland

49 13/0027O/FUL Blue Property Construction of 21 Houses (Vary Grant SPV1 Condition 1 of Planning (Carnbroe) Ltd Permission 07/01 885/FUL to Extend Permission by 3 years) Land At Drummore Avenue Carnbroe Coatbridge

2 57 13/00339/FU L Mr Lyall Duff CCTV System (In Retrospect), 67 Grant Gala Crescent, Wishaw

64 13/00358/FU L Focus Youth Erection of Sports Storage Grant Project Facility, Focus Youth Centre, 440 Laburnum Road Bellshill

70 13/00370/FU L Ms Ann Marie Two Storey Side Extension and Grant Robb Change of Use of Land, 48 Leven terrace, Carfin

77 13/004 18/FU L North Construction of Temporary Dam Grant Lanarkshire To Allow Treatment of Water for Council Commonwealth Games 201 4 Strathclyde Water Sports Centre Strathclyde Country Park 366 Hamilton Road Mot herwel I

85 13/0042O/FUL North Construction of Temporary Grant Lanarkshire Library Facilities and associated Council Car Park Site East Of East Academy Street Wishaw

93 13/00452/AMD Murdoch Non Compliance with Condition 2 Grant MacKenzie of Planning Permission 06/02112/OUT for the Erection of a Flatted Residential Development In Principle 137 Craigneuk Street Craigneuk Wishaw

101 13/00489/FUL Mr Brian Conversion of former Nursery to Grant McLaughlin Four Three Bedroom Dwellings with Garages Abronhill Nursery 2 - 8 Hornbeam Road Abronhill Cumbernauld

108 13/00593/LBC North External Lighting of Building Grant (P) Lanarkshire Motherwell Library Council Hamilton Road Motherwell

114 13/00594/LBC . North External lighting of Building, Old Grant (P) Lanarkshire Town Hall, Hamilton Road, Council Mothe rwelI.

J 12/01254/FUL: If minded to grant Section 69 Legal Agreement required for Education contribution

13/00112/FUL: If minded to grant Section 69 Legal Agreement required for off-site access contribution 13/00593/LBC: If minded to grant, application requires to be referred to Historic Scotland 13/00594/LBC: If minded to grant, application requires to be referred to Historic Scotland

4 Application No: Proposed Development:

12/01254/FUL Construction of 35 No. Dwelling Houses Along with Associated Infrastructure and Services

Site Address:

Land At Former 17 - 21 Newtown Street Kilsyth Glasgow

Date Registered:

30th November 2012

Applicant: Agent: BDW Trading Ltd N/A 7 Buchanan Gate Cumbernauld Road Stepps G33 6FB

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 001 Kilsyth No letters of representation received. Jean Jones, Heather McVey, Alan Stevenson,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed housing is in accordance with policy HCF 2 AI of the North Lanarkshire Local Plan and it would integrate satisfactorily with the surrounding area and would not result in any unacceptable adverse impact on established residential amenity.

Note to Committee If granted the planning permission will not be issued until a legal agreement for a contribution to education facilities is agreed and has been concluded with the developer.

5 Rmmduced bu kwinissian 1 I I Produced bv I, LftheOhance Suwey on 12/01 254jFUL PIa n n ing and Development khaifofHMSO.+Crown mWTradingLtd Envir on m ental Se IV ices Copyriglt and database ril)d North Lanarkshire Council aos. ~~~~igh~s~~e~ed.Land At Former 17 - 21 Newtown Street Kilsyth Fkming House Ordnance Sunrey Construction of 35 No. Dwelling Houses Along 2 Tryst Road ticerne number 1***23396. with Asso cia te d Inf rast ru ct ur e an d Services Cumbernauld G67 IJW

6 Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

0507- 12 2012/S/CAW/BOl 2012/S/CGS/BOl 201 2/S/DAUBOI 201 2/S/DUA/B01 201 2/S/DUN/BOl BWS-KIL-AL(O1) 01 12205 Levels

Reason: To clarify the drawings on which this approval of permission is founded.

2. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

3. That any remediation works identified by the site investigation required in terms of Condition 2 shall be carried out. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

4. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

5. That the SUDS compliant surface water drainage scheme approved in terms of Condition 4 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

Reason: To safeguard adjacent watercourses and groundwater from pollution and in the interests of the amenity and wellbeing of existing and future residents adjacent to and within the development site.

6. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their

7 assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

7. That BEFORE the development hereby permitted starts, a scheme of landscaping shall be submitted to, and approved in writing by the Planning Authority, and it shall include:-

(a) details of any earth moulding and hard landscaping, boundary treatment, grass seeding and turfing; (b) Details of trees protection measures across the site. For the avoidance of doubt this shall include protection measures for trees along the boundary of the site with Airdrie Road. (c) a scheme of tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted. For the avoidance of doubt this shall include native species; (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site.

Reason: To enable the Planning Authority to consider these aspects in detail, to ensure high quality visual amenity.

8. That all works included in the scheme of landscaping and planting, approved under the terms of condition 7 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: To ensure the implementation of the landscaping scheme in the interest of am en ity .

9. That before any of the units hereby permitted are occupied, all the access, parking and manoeuvring areas serving those units, 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. Thereafter, all off-street car parking spaces shall be provided within the site, as described on the approved plans and shall, thereafter, be maintained as car parking spaces.

Reason: To ensure adequate provision of access, parking and manoeuvring areas.

10. 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. For the avoidance of doubt, these materials shall respect the palette of materials for the parking courtyard, footways, driveways and boundary walls agreed under the terms of condition 11 and shall include details of all buildings and any proposed bin stores.

Reason: To ensure adequate provision of access, parking and manoeuvring areas.

11. That before the development hereby permitted starts, full details of the design and location of all fences, railings and walls to be erected on the site shall be submitted to, and approved in writing by the Planning Authority, and these shall include feature walls and railings as detailed on the approved site plan, unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of amenity by ensuring that fences and walls are appropriate for the site and for the general area.

12. That BEFORE the development hereby permitted starts, a management and

8 maintenance scheme shall be submitted to, and approved in writing by the Planning Authority, and it shall include proposals for the continuing care, maintenance and protection of:-

(a) the proposed footpath links (b) the proposed grassed, planted and landscaped areas (d) any proposed fencing or boundary treatments

Reason: To ensure the long term management and maintenance of these areas in the interest of visual amenity.

13. That BEFORE completion of the development hereby permitted, the management and maintenance scheme approved under the terms of condition 12 shall be in operation.

Reason: In the interest of the amenity of the site and the general area.

14. That before any dwelling hereby permitted is occupied appropriate footpath links (including the removal of any redundant links) shall be formed between the application site and Airdrie Road, to the satisfaction of the Planning Authority, or such other scheme as may be approved in writing by the Planning Authority.

Reason: In the interests of promoting effective footpath links

15. Except as may otherwise be agreed in writing no development shall take place within the development site, as outlined in red on the approved plan, until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant and agreed by the Planning Authority in consultation with Rathmell Archaeology Service; thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in consultation with Rathmell Archaeology Service.

Reason: In order to protect any archaeological remains.

9 Backaround PaDers:

Consultation Responses:

Traffic & Transportation received 13'h December 2012, 14'h February and 15'h March 201 3 Scottish Gas Network received 3rdDeyFmber 2012 Scottish Water (Glasgow) received 28 December 2012 Scottish Environment Protection Agency received 20thDecember 2012 NLC Greenspace received 17'h December 2012 Environmental Health (including Pollution Control) received 13th December 2012 NLC Learning and Leisure (Education) received 8'h April 2013

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 236 632496

Report Date:

3rdMay 201 3

10 APPLICATION NO. 12/01254/FUL

REPORT

1. Site Description

1.1 The proposed development site is a vacant flat piece of land bounded by Newton Street, Church Street, Westport Street and Airdrie Road, southwest of Kilsyth town centre. The site is roughly square in shape with vehicular access taken from Church Street and extends approximately 0.7 hectares. The site is currently cleared of most vegetation and is relatively flat with an existing tree line to the north which forms a buffer between the site and Airdrie Road.

1.2 The surrounding area is predominantly residential with the exception of some industrial units to the south and a church and its associated buildings to the northwest corner of the site. The surrounding houses and building style is a mixture of two storey flatted dwellings finished in red brick and dry dash render with concrete roof tiles. The adjacent industrial units to the south are one and a half storey in height and finished in a mixture of red brick and dry dash render and corrugated roofing with the buildings associated with the Church finished in stone with a slate roof.

2. ProDosed Development

2.1 The applicant is seeking to develop a mixture of 35 semi detached and terraced dwellings with the layout incorporating a single access point from Church Street leading to a central parking area. In addition, a number of the plots have in-curtilage parking provision and are accessed from driveways on Church Street, Newton Street and Westport Street.

2.2 The development comprises 14 semi detached and 21 terraced dwellings with each house comprising a living room, kitchen, bathroom(s) and two or three bedrooms and will be finished in materials to be submitted and approved by a recommended condition which will blend harmoniously with the surrounding properties.

3. Applicant's Supportinu Information

3.1 The applicant has submitted no additional supporting information.

4. Site Historv

4.1 Applications of relevance to the proposed development are as follows:-

Application 05/01566/FUL for construction of 72 residential flats and associated parking and amenity space approved 23rdNovember 2006. Application 07/01692/FUL for construction of 95 flats and associated infrastructure withdrawn 21'' January 201 1. 0 Application 12/00485/FUL for a residential development of 34 units comprising 21 houses (terraced and semi detached) and 13 flats and associated landscaping withdrawn 4'h September 2012.

5. Development Plan

5.1 The application site is covered by policy HCF 2 A1 Sites for (Short-term) Housing Development - Housing Land Supply in the North Lanarkshire Local Plan.

6. Consultations

6.1 Neither Scottish Gas Networks, Scottish Water or SEPA had any objections to the proposal.

11 6.2 NLC Traffic and Transportation raise no objections and recommend a series of conditions be applied to the layout in relation to parking provision. They also comment that the dwellings fronting Westport St, Church St and Newton St should have parking in the form of in-curtilage parking and not courtyard parking. They note that a number of the parking bays are unlikely to be used in their current format, which will result in further on-street parking. They also note that 30% visitor parking is required to be provided and none is identified and, as such, on-street parking would also be affected. Transportation comment that, having to provide in-curtilage parking is likely to impact on the number of units that can be accommodated on the site. The issues highlighted are discussed in more detail below.

6.3 NLC Protective Services raise no objection to the application, however do require the submission of a full site investigation report prior to works starting on site. Further comment has been provided in relation to noise during construction, lighting and waste.

6.4 NLC Land Services (Greenspace) raise no objection to the application. Recommendations are made in terms of lighting to minimise impact on Bats and that landscaping maximises biodiversity on site.

6.5 NLC Learning and Leisure (Education) has confirmed that they have no objections to the proposed development subject to a contribution towards education facilities in the area.

7 Reoresentations

7.1 Following standard neighbour notification process and advertisement, no letters of representation have been received.

8 Plannina Assessment

8.1 Under Section 25 of the Town and country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and the Clyde Valley Strategic Development Plan and therefore it can be assessed in terms of local plan policy.

North Lanarkshire Local Plan

8.2 Policy HCF2 A1 Sites for (Short-term) Housing Development - Housing Land Supply applies to this site which was designed to satisfy housing demand in the period up to 201 1. It is considered that the application complies with this land use policy. Policies DSPI-4 are also relevant and are addressed in turn below.

8.3 DSP 1 Amount of Development: As noted above this application for housing is located on a site allocated for such a use in the local plan and therefore forms part of the planned housing land supply. The proposal therefore accords with this policy.

8.4 DSP2 Location of Development: As noted above this application lies on a site which forms part of the planned housing land supply therefore the location of the development has been assessed through the local plan process to be acceptable. As such the proposal complies with Policy DSP2.

8.5 DSP3 Impact of Development: As noted above NLC Learning and Leisure (Education) has no objections to the proposed development subject to the applicant providing a contribution toward the upgrade of education facilities at St Patrick’s Primary. The applicant has offered a contribution which falls short of that requested by NLC Education, however it is recommended that permission be granted subject to a legal agreement to secure the contribution with the level of contribution to be negotiated prior to consent being issued. It should be noted that a previous

12 development for a larger development of 72 Flats (2 bedrooms) was granted planning permission without an education contribution being deemed necessary given the flatted nature of the development, the likely demographic occupying those dwellings, the infill nature of the development and the timing of the proposals.

8.6 In terms of local play facilities planning consent was granted for 72 residential flats on this site in November 2006 (Reference No. N/5/01566/FUL). This consent was granted following the conclusion of a Section 69 Agreement between Fundamental E Investments (FEI) PLC and North Lanarkshire Council. The agreement was in regard to FE1 contributing a sum of f 18,000 for the upgrading of local play area facilities. The proposal therefore accords with this policy.

8.7 DSP4 Qualitv of Development: This policy considers development specific impacts in terms of existing site attributes and provides a range of assessment criteria which are addressed in turn below:

8.8 Part 1 812: A formal Design and Access statement is not required due to the scale of the development however, from the plans submitted and site visit, it is possible to adequately appraise the site, surrounding area and the proposals. The development is not considered to have a detrimental impact on archaeological interests, historic environment, landscape features and wildlife interests.

8.9 Part 3(a) Siting, Overall Layout, density, form, scale, height, massing, proportion, detailing, colour, materials and open space and Part 3(f) integrating successfully into the local area and avoiding harm to the neighbouring amenity. In terms of layout, it is acknowledged that a traditional roads standards based approach has been utilised with a single access into a parking courtyard from Church Street with a number of the plots having in-curtilage parking provision accessed from driveways on Church Street, Newton Street and Westport Street. The mixture of centralised parking court and in-curtilage parking provision is considered acceptable in this instance given the nature and dimensions of the site. The surrounding area is predominantly made up of a mix of two storey flatted dwellings finished in red brick or dry dash render with concrete roof tiles. The proposed mix of two storey semi detached and terraced properties are therefore considered in keeping with the surrounding area and are acceptable.

8.10 The Developers Guide to Open Space minimum space around dwellings guidance requires that houses provide 3m side garden ground and 10m rear garden length. The overall layout of the site falls slightly short of the minimum requirements in a number of the plots within the site, however it is considered that, given the nature and orientation of these plots, either backing onto open space or gables and by the recommended removal of permitted development rights pertaining to side and rear extensions, the overall layout and density of the site can be considered as acceptable in this instance. As the development exceed 30 units, there is a requirement for play provision to be accommodated within the site. As noted in 8.6 above the site was subject to a previous Section 69 Agreement between Fundamental E Investments PLC and North Lanarkshire Council contributing a sum of f18,000 for the upgrading of local play area facilities. The site is flat and level with that of the surrounding properties and as such there are no level issues or retaining elements required in the layout.

8.11 The surrounding properties have a mixture of finishing materials and it is recommended that the development be finished in appropriate materials which complement the finish of the surrounding buildings. The use of stepped frontages and projecting elements and corner features break up the massing of the two storey properties and add interest to the overall appearance of the development. The layout ensures that there is no unacceptable adverse impact on residential amenity of adjacent neighbouring properties in terms of privacy, overlooking or overshadowing and, for the reasons outlined above, the development will in all other respects integrate satisfactorily with the surrounding area.

13 8.1 2 Part 3(b) safe inclusive convenient and welcoming development. Attractive pedestrian links, integration with public transport, green networks, wider links, access for cars and appropriate car parking being well located. A pedestrian link is proposed to link the site with Airdrie Road, thereby allowing access to the town centre, whilst the other pedestrian links, provided throughout the site, are considered to be acceptable in this instance.

8.13 The properties within the site achieve the required in-curtilage car parking standards or parking court provision except for 8 plots with 3 bedrooms which only have two in- curtilage or allocated spaces within the parking court. Consultation with the Councils Traffic and Transportation team raises issues with the number and distribution of parking spaces on the site as they feel that some spaces will not be utilised by the residents in favour of on-street parking. Furthermore, they note that no visitor parking has been included within the development. It is considered that, given the small nature of the 3 bedroom properties with reduced parking provision and the availability of on-street parking adjacent to these properties and in the surrounding area, the reduced level of parking provision will not have a significant impact in this instance. It is also worth noting that the development proposes a significant reduction in parking requirements for this much reduced scheme in comparison to that previously approved for the site. In addition, the site is in close proximity to the town centre with good availability of transportation links in the area and is served by good existing and improved pedestrian access links. The development is therefore not considered to have a detrimental impact on traffic or parking within the surrounding area.

8.1 4 Part 3(c) Sustainable Development: Having assessed the proposed development it is considered that the proposed development will accord with the principles of sustainable design. The proposals are therefore considered to accord with this section of the policy.

8.15 Part 3(d) Mitigating likely air quality, noise or pollution impacts: The redevelopment of the site would not result in a significant increase in residential units and, as such, is highly unlikely to increase any impact on air quality. It is acknowledged that there will be noise associated with construction works, however this impact will be temporary. Ground investigation works form part of recommended conditions and, should any contaminants be found as a result of the investigation, suitable mitigation works would be carried out.

8.16 Part 3(e) Protecting Water bodies and SUDS/Drainage: There are no water courses within the site which require specific protection and neither SEPA nor Scottish Water has objected to the proposals. A condition is recommended requiring the submission of a more detailed certified drainage scheme.

9 Conclusions

9.1 Taking the above assessment into account, it is considered that this development accords with the provisions of policies HCF2 AI and DSP1-4 in the North Lanarkshire Local Plan and following detailed consideration of the proposals, it is considered that it will integrate satisfactorily with the surrounding area and cause no adverse impact on established residential amenity. Therefore, for the reasons detailed in the planning assessment above, it is recommended that planning permission be granted subject to conditions and a legal agreement for a contribution towards the upgrade of education facilities in the area.

14 Application No: Proposed Development:

13/00112/FUL Waste Glass Recycling Processing Facility (up to 200,000 tonnes per annum) with Associated Yard Storage and Environmental Improvements Site Address:

Viridor Waste Management Langmuir Way Bargeddie North Lanarkshire G69 7RW

Date Registered:

8th February 201 3

Applicant: Agent: Viridor Waste Management Ltd Mr Angus Viridor Pioneer House Angus Design Associates Ltd Europoint Office Park The Building Design Centre Eurocentral Strathclyde 125 Muir Street MLI 4UF Hamilton ML3 6BJ

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 009 Coatbridge West One letter of representation received James Smith, Paul Welsh, Kevin Docherty, including petition with 167 co-signatories.

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposals are in accordance with the terms of the development plan and there would be no significant impact on the amenity of the surrounding area. The proposals would enable the processing of waste glass for recycling purposes. The proposals also include works to re- profile an existing embankment which would assist in reducing the visual impacts of the on- site waste management operations. To mitigate the increase in the number of waste vehicles visiting the site, the applicant has agreed to a financial contribution arranged via a Section 69 Agreement to assist the Council implement a scheme of public footpath improvements works in the Bargeddie area.

Note to Committee:

If granted, the planning permission will not be issued until an Agreement under the terms of section 69 of the Town and Country Planning Scotland Act 1997 has been concluded with the developer in respect of the agreed financial contribution.

15 TmAr Station

Planning and Development Environmental Services Proposed Conditions:-

1. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.

Reason: To clarify the details on which this approval of permission is founded.

2. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to and for the approval of the said Authority. For the avoidance of doubt the drainage scheme must comply with the requirements of the publication titled 'Drainage Assessment : A Guide for Scotland, and any other advice subsequently published by the Scottish Environment Protection Agency (SEPA) or the Sustainable Urban Drainage Scottish Working Party (SUDSW P).

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

3. That the SUDS compliant surface water drainage scheme certified under the terms of condition 2 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer) shall be submitted to the Planning Authority confirming that the SUDS have been constructed in accordance with the relevant SEPA guidance and the approved plans.

4. That BEFORE the development hereby permitted starts, further details of the proposed earthworks bunds along with a scheme of landscaping incorporating biodiversity enhancement measures and native tree planting shall be submitted to, and approved in writing by the Planning Authority and it shall include:-

(a) details of any earth moulding, embankment stabilisation details and hard landscaping, boundary treatment, wild grass seeding and turfing; (b) a scheme of native tree and shrub planting, incorporating details of the location, number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development (d) a detailed timetable for all landscaping works which shall provide for these works being carried out contemporaneously with the development of the site. (e) a management and maintenance scheme for these works

Reason: To enable the Planning Authority to consider these aspects in detail

5. That all works included in the scheme of earthworks, associated landscaping and native tree planting, approved under the terms of condition 4 above, shall be completed in accordance with the approved timetable, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased, within two years of the full occupation of the development hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the visual amenity of the site, to mitigate adverse effects on views of the development from outlying residential areas and to benefit local biodiversity.

17 6. That unless otherwise agreed in writing by the Planning Authority, the glass recycling operations, for which planning permission is hereby granted, shall take place only between the hours:

Monday to Friday: 0700 to 1900 hours; SaturdayKunday: 0800 to 1700 hours.

Reason: To define the permission and to safeguard residential amenity.

7. That before the development hereby approved is brought into use further details of the proposed 3 month trial period to allow a 24 hour operational period (within the building only) shall be submitted for the consideration of the Planning Authority in consultation with the Viridor Community Liaison Group.

Reason: To enable the Planning Authority to consider these aspects in detail and to safeguard residential amenity.

8. That BEFORE the development hereby permitted starts, full details of the facing materials to be used on all external walls and roof of the building shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To enable the Planning Authority to consider these aspects in detail

9. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of employees and visitors to the depot

10. That any remediation works identified by the site investigation required in terms of Condition 9, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of employees and visitors to the depot

11. That any noise emissions associated with the completed development shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times.

Reason: In the interests of residential amenity.

12. That all external lighting shall be designed to ensure that the upward spread of light near to and above horizontal shall be minimised to the satisfaction of the Planning Authority.

Reason: In the interests of residential amenity and to avoid excessive light pollution in the vicinity of the site.

18 13. That BEFORE the development starts full details of an air quality monitoring strategy to be implemented by the developer shall be submitted to and approved in writing by the Planning Authority in consultation with SEPA.

Reason: To enable the Planning Authority to consider these aspects in detail in the interests of residential amenity.

14. That notwithstanding the terms of condition 1, the development hereby approved shall incorporate the recommended noise mitigation measures set out in the Acoustic Assessment Technical Report No. R-6177-CL-CS(29 January 201 3) to the satisfaction of the Planning Authority.

Reason: In the interests of amenity

Backaround Papers:

Consultation Responses:

Greenspace Development (Landscape) received 6'h March 2013. Environmental Health (including Pollution Control) received 21 '' February 2013. Traffic & Transportation received 18'h February and 21 '' March 2013. The Coal Authority received 20 February 2013. SEPA received 25 April 201 3

Contact Information:

Any person wishing to inspect these documents should contact Mr Colin Marshall at 01236 632497

Report Date:

2gthApril 2013

19 APPLICATION NO. 13/00634/AMD

REPORT

1. Site Description

1.I Planning permission is being sought for the construction of a Waste Glass Recycling Processing Facility (maximum capacity of 200,000 tonnes per annum) with Associated Yard Storage and Environmental Improvements at the Viridor Waste Management Depot, Langmuir Way, Bargeddie.

1.2 The proposed glass recycling building and storage area would extend to some 1.9 ha (2.9 acres) in area, occupying an undeveloped north east corner of the existing operational waste management depot. This undeveloped area of the depot is characterised by the raised earth mounds which enclose the site along the northern and eastern boundaries of the main depot area.

1.3 Beyond this earthwork feature, the site is bounded to the north and east by agricultural land and to the west by the Tarmac Cement Works. The proposed site is directly adjacent to the main waste management depot which is accessed via Langmuir Way, Bargeddie. The Luggie Glen bounds the existing depot along its southern boundary.

1.4 The application site is approximately 300m east of dwellings located off Langmuir Way, Bargeddie and around 255m north of existing dwellings located along Mitchell Street, Coatbridge. Drumpark Farmhouse is closest to the site and is located around 250m to the north west of the site.

2. Proposed Development

2.1 The proposed development would consist of the following:

Glass Recycling Building (2970 m2). The proposed building design would comprise metal framed structure with profiled metal sheeting with an overall building height of some 16m to the roof apex and associated wall height of 10.5m. The building would be fitted with large access doorways to minimise noise impacts from the glass processing machinery. Waste Glass Import Storage Bays (955m2). Product Export Bays (614m2) Recycling Capacity of up to 200,000 tonnes per annum. (Initially 150,000 te per annum) Ancillary Site Office and Welfare Facilities Existing Weighbridge/Office would be used Existing foul and water drainage system would be used. Earth Bunds up to 6m high to provide visual and acoustic screening Indicative SUDS area has been identified and would deal with surface water from the proposed development.

2.2 All external waste glass delivery, external handling and product export operations would be restricted to the following standard daytime working hours;

Monday to Friday: 0700 to 1900 hours; SaturdayBunday: 0800 to 1700 hours.

2.3 The waste glass processing machinery would be entirely enclosed within the proposed building. This would ensure all noise impacts from the processing plant operations on any sensitive receptors are minimised and within acceptable standards. However the applicant seeks permission to introduce a variation to the

20 standard working hours set out above to introduce a 24 hour/7days per week glass recycling working period (within the enclosed building) over a trial period of 3 months. If this then demonstrates that the glass processing operations within the building have no significant impacts on any sensitive receptors then the applicant would seek permission to operate over a 24 hour, 7 days a week on a permanent basis.

2.4 All of the waste management depot’s internal access roads, parking areas, internal circulation routes, loading and unloading areas would be configured to allow full turning and manoeuvring areas for Refuse Collection Vehicles (RCV) and other Bulk Waste Vehicles visiting the site.

2.5 The applicant considers this proposal would offer one of Europe’s most advanced glass recycling facilities, realise a f6m investment in the area, offer 30 local jobs and include associated community benefits such as employment and training, public education/awareness of modern waste management operations and community sponsorship.

2.6 The Traffic Statement advises that the proposed glass recycling facility with operational capacity of 150,000-200,000 tonnes per annum would result in an average total of 98-106 operational vehicle trips to and from the site on a daily basis. (The current waste management operations involve 24 vehicle trips). To mitigate this increase in traffic movements in the local area, the applicant has agreed to provide a financial contribution of f 15,000 to the Council to assist in the provision of a public footpath improvement scheme in the Bargeddie Area. This contribution could be secured via a Section 69 Agreement with the Council.

3. Amlicant’s SuDPortina Information

3.1 The applicant has provided the following information in support of the proposals.

Planning Design and Access Statement 0 PACReport 0 Traffic Statement 0 Noise Impact Report 0 Ground Contamination Report 0 Air Quality Report 0 Associated Plans and Drawings

4. Site History

4.1 This site was initially in use as a scrap metal yard in mid 1990s and has subsequently been extended and developed as a waste transfer and recycling depot including provisions for waste recycling buildings, waste storage areas and ancillary off ice and weighbridge facilities. Improvements to access and other infrastructure have also been implemented to assist in the management of the facility. Planning permission was recently granted for an increase in operating hours (24hours) within an existing Material Re-cycling Facility Building following a trial period previously discussed between the operator and representatives of the local community.

4.2 The current operator, Viridor hosts regular Community Liaison Group Meeting with members of the local community.

5. DeveloDment Plan

5.1 The proposed site is located within an area covered by Policy EDI AI (Existing Industrial and Business Area and Policy EDI AI “W (Existing Waste Management Facilities).

21 6. Consultations

6.1 There was no objection from the Transportation Section in terms of the increased traffic volumes delivering and exporting waste products to the site. However in taking account of the increased traffic volumes the applicant has agreed to contribute f 15,000 to a pedestrian access improvement scheme that is to be implemented by the Council. Transportation considered this would off set or mitigate the predicted increases in traffic volumes generated by the proposed development.

6.2 There was no objection from Protective Services subject to conditions covering a request for addition information on any site contamination, confirmation of working hours, limits to operational noise levels and controls over any external lighting columns. Protective Services had no objection in terms of any cumulative impact on air quality due to the increased traffic using the local roads network.

6.3 The Coal Authority had no objection subject to their standard advisory note.

6.4 Greenspace (Landscape) had no objections subject to conditions requiring further information on the bund stability and landscape details.

6.5 SEPA had no objections but requested that the proposed drainage arrangement continues to meet the Water Environment (Controlled Activity)(Scotland) Regulations 201 1 which currently cover the existing waste management operations at the depot. SEPA were content that the developer is providing 3 levels of SUDS treatment (pond, swail and trench). Further advice was provided in respect of waste handling, good practice on construction/demolition and Pollution Prevention issues relating to the existing PPC permit regulations as implemented by SEPA.

7. Representations

7.1 One letter of representation was received and co-signed by 3 members of the Viridor Community Liaison Group who considered that if planning permission is granted the following conditions should be attached.

1. Submission and approval of a noise operational plan incorporating a 6 month assessment period. 2. All loading and unloading of unprocessed glass should be carried out within the proposed building. 3. Operational working hours should be restricted to 8.00 to 18.30 Monday to Friday, 9.00am to 17.00 Saturday with no glass recycling operations allowed on a Sunday.

7.2 A Petition with 167 co-signatories objected to the proposed glass recycling facility on the basis that the proposed 24 hour/7days a week operational working hours within the Bargeddie depot is unacceptable. a. Planninq Assessment

8.1 In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 The scale of the proposed waste management operations at this existing waste management depot are not considered to be of a strategic nature and as such, the proposals can be assessed in terms of the appropriate local plan policies and other material considerations.

8.3 The application site is located within an area covered by Policy EDI 1Al (Existing Industrial and Business Area) and is directly linked to the existing depot which is

22 designated Policy EDI 1Al (W) (Existing Waste Management Facility) in the North Lanarkshire Local Plan 2012.

8.4 The proposed development also requires to be assessed against Development Strategy Policies DSP1-4 which include DSP1 (Amount of Development), DSP2 (Location of Development), DSP3 (Impact of Development) and DSP4 (Quality of Development).

Development Plan

8.5 The application site is zoned as an existing industrial and business area under the terms of Policy EDI A1 and is located directly adjacent to an existing waste management site. Policy EDI AI sets out to support the continued industrial and business character of existing industrial areas including existing waste management facilities. The proposed glass recycling facility would also need to be in accordance with the terms of Policy EDI A1 and the associated assessment criteria set out in Supplementary Planning Guidance EDI A. In this regard the proposals would make appropriate use of under utilised industrial land, maintain the existing industrial character of the site and offer some local employment opportunities. The site is also accessible by public transport. As such the proposals are in accordance with Policy EDI A1 and the associated SPG assessment criteria.

8.6 The proposals are also considered to be acceptable under the terms of DSP1,2,3 and 4 in that the proposed development would not have an impact on industrial land supply (DSP 1 Amount); would be acceptably located within an existing waste management depot (DSP 2 Location) with no significant unacceptable impacts on existing infrastructure (DSP 3 Impact). The planning application details has included sufficient information via the submitted Design and Access Statement and supporting information to allow all impact issues to be considered and addressed. As such it is considered the proposals accord with (DSP 4 Quality)

Material Considerafions

8.7 Site Layout- It is considered that the proposed new building works, external storage areas for recycling materials and re-profiled earth bund works are acceptable. The proposed access arrangements and vehicle manoeuvring areas are also acceptable. The proposed building scale, positioning and external finishing is acceptable however samples of the building materials would be covered by condition.

8.8 Traffic Increases: The proposals would lead to an additional net increase of around 150,000 to 200,000 tonnes of waste handled at the site each year and as such operational traffic levels would be increased from 24 trips per day to 98-106 trips to and from the site. The Transportation Section had no objection to the proposal’s traffic impact on the surrounding road network but considered that due to the increased traffic numbers the developer should be requested to offer a financial contribution of f 15,000 towards a local public footpath improvement scheme that is to be implemented by the Council. The developer has agreed to offer this contribution which could be secured via the completion of a Section 69 Agreement before any planning permission is issued

8.9 Operational Hours: Existing operational hours would remain unchanged from those previously approved (as set out below) and could be covered by planning condition which would be set out to allow some variation, subject to the written approval of the Planning Authority. The standard working hours are as follows.

Monday to Friday: 0700 to 1900 hours; Saturday/Sunday: 0800 to 1700 hours.

The applicant also seeks a variation to the standard working hours to enable the glass recycling plant to operate over a 24 hour period for an initial trial period of 3

23 months. Further details of this proposed 24 hour trial period would be necessary and this requirement could be covered by a planning condition. Any subsequent agreement to vary the working hours would also need to be agreed in writing by the Planning Authority in consultation with the Viridor Community Liaison Group.

8.10 The proposed environmental improvements (re-profiling of an existing embankment to form a visual and acoustic barrier) along the northern and eastern boundaries of the site are also acceptable subject to additional information on how the embankment would be stabilised as requested by Greenspace Development (Landscape). It is agreed the proposals would not have any significant visual impact, and that on site dust and noise emissions would be adequately controlled by regulations set out by SEPA via their PPC permit regulations. Existing site drainage arrangements would be improved via the provision of a SUDS scheme within the application site area.

8.1 1 Consultation Responses: There were no objections from SEPA or the Coal Authority. Greenspace Development (Landscape) and Protective Services had no objection subject to Conditions. Transportation Section had no objections subject to the developer agreeing to a financial contribution of f 15,000 towards a scheme of public footpath improvement works to be implemented by the Council. It is considered this request is justified to mitigate the impacts from the increase in vehicle trips to and from the site by operational waste delivery and export vehicles.

8.12 Representations: There was one letter of representation which did not object to the proposals but included conditions covering the way the proposed glass recycling facility would operate. These are set out at paragraph 7.1 above.

In this regard, whilst these additional control measures can be noted it is considered that the proposed development can be adequately controlled via the list of planning conditions set out above and via any update to the site’s PPC permit regulated by SEPA.

8.13 The accompanying Petition objected to the proposed 24 hour/7day a week operation in the yard area.

The proposed 24 hour/7day a week operational working hours over an initial trial period of 3 months has not been agreed and this would be subject to further consideration and written agreement by the Planning Authority in consultation with the Viridor Liaison Group.

9. Conclusions

9.1 The proposals accord with the terms of the development plan and there are no material considerations that would suggest the proposals are not acceptable. There were no objections from SEPA, Protective Services or Traffic and Transportation subject to conditions and agreed financial contribution towards a public footpath improvement scheme to be implemented by the Council. Whilst additional restriction to operational working hours were requested via the submitted representations, it is considered there are already satisfactory controls governing how the site operates. Following an assessment of the submitted information it can be concluded there would be no detrimental impact on amenity of the site or surrounding area. The proposals are therefore considered acceptable and it is recommended that planning permission be granted subject to conditions.

24 Application No: Proposed Development:

13/00199/FUL Erection of 16,036sqm (Gross) Storage and Distribution Unit (Class 6) With Ancillary Office Accommodation and Buildings and Associated Access Road, Parking and Landscaping

Site Address: Land East Of Co-operative Distribution Centre 401 Edinburgh Road Newhouse ML1 5SY

Date Registered:

19th February 2013

Applicant: Agent: Prologis UK Ltd PPD Bond Street House Bankers Brae 14 Clifford Street Balfron London Glasgow W1 S 4JU G63 OPY

Application Level: Contrary to Development Plan: Major Application No

Ward: Representations: 01 5 Mossend And Holytown No letters of representation received. Councillors David Baird, James Coyle & Frank McNally

Recommendation: Approve Subject to Conditions

The proposed storage and distribution development can be accommodated within the site without detriment to the surrounding commercial and residential properties, as such, is considered acceptable in meeting the terms set out in the relevant policies contained within the North Lanarkshire Local Plan.

25 Planning Appliiatin 1100199RUL Produced Lepadueed by permission Magon i% CO by Planning and Development f the orchance SUM ey on Land East Of Co-operative Distribution Centre, rhaldHMS0. QCmwn Environmental Services 401 Edinburgh Road, Newhouse, ML1 5SY North Lanarkshire Council hpyrigtt and database tifl Erection 616,036sqm (Gross) Storage and AH @hts RSW d. Fleming House Dos. Distribution Unit [Class E) With Ancillary Office rrdnance Swey 2 Ttyst Road iceme number 100023396. Accomnodation and Buildings and Associated Curnbernauld Access Road, Parking and Landscaping 087 IJW Proposed Conditions:-

Reason: To clarify the drawings on which this approval of permission is founded.

2. That unless agreed otherwise in writing by the Planning Authority, the finishing materials for the buildings hereby approved shall be as noted on Drawing No. 10088 P047.

Reason: To ensure the provision of appropriate finishing materials in the interests of the visual amenity of the buildings.

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.

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

4. That before the development hereby permitted is operational, 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 area and security for the site.

5. That no materials shall be stored on the site external to the building such that they are visible from the A8, M8, A73 or A775.

Reason: In the interests of the amenity of the site and the general area.

6. That notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the permitted change of use from Class 6 to Class 4 is hereby removed.

Reason: To ensure that the storage/distribution warehouse may not solely become offices, as by reasons of increased car trips being generated, this would be detrimental to the environment with adverse implications for the road network.

7. That unless agreed otherwise in writing by the Planning Authority, all works included in the scheme of landscaping and planting as detailed on Barry Chinn Associates Drawing Nos. 01, 02 and 03 shall be completed in accordance with this approved plans, contemporaneously with the development of the unit with due regard to planting seasons, and any trees, shrubs, or areas of grass which die, are removed, damaged, or become diseased within two years of the occupation of the unit hereby permitted, shall be replaced within the following year with others of a similar size and species.

Reason: In the interests of the amenity of the site and the general area.

8. That before the occupation of the development hereby permitted, the management and maintenance scheme detailed on the report by Barry Chinn Associates entitled 'Soft Landscape Works Maintenance and Management Proposals' dated 23'' January 2013 hereby approved, shall be in operation, unless agreed otherwise in writing by the Planning Authority.

Reason: In the interests of the amenity of the site and the general area.

27 9. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175: 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

10. That any remediation works identified by the site investigation required in terms of Condition 9, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority prior to the occupation of the unit confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future users of the site.

11. That, unless agreed otherwise in writing by the Planning Authority, the surface water drainage scheme (SUDS) shall be constructed in accordance the details contained in Drainage Philosophy Statement by RPS Group dated 10th January 2013 and drawing numbers NK917420-PO300 and NK017420-PO315 to the satisfaction of the Planning Authority.

Reason: To ensure that the drainage scheme complies with best SUDS practice to protect adjacent watercourses and groundwater.

12. That the SUDS compliant surface water drainage scheme approved in terms of Condition 11 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant SEPA SUDS guidance prior to the development hereby permitted being brought into use.

Reason: To safeguard adjacent watercourses and groundwater from pollution.

13. That before the development hereby permitted starts; the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water have been fully met in respect of providing the necessary site drainage infrastructure to serve the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

14. That before the unit hereby permitted becomes occupied, all of the associated access roads, 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 access roads, parking and manoeuvring areas.

Reason: In the interests of pedestrian and vehicular safety and to prevent deleterious material being carried out on the highway.

15. That before the development hereby permitted becomes occupied, full details of the proposed barrier entry system for use at the access point to the site from Edinburgh Road shall be submitted to and approved in writing by Planning Authority. Thereafter the barrier entry systems shall be installed in accordance with the details approved

28 under the terms of this condition prior to the occupation of the development hereby approved.

Reason: In the interests of vehicular and pedestrian safety.

16. That before the development hereby permitted becomes occupied, details of a site entrance feature shall be submitted to and approved by the Planning Authority and shall be constructed before the warehouse building is occupied.

Reason: In order that the Planning Authority can consider the design and layout in detail.

17. That before the development hereby permitted becomes occupied, a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to, and approved in writing by the Planning Authority, in consultation with Strathclyde Passenger Transport. For the avoidance of doubt, the Travel Plan will provide details of improved bus services in the surrounding area and other measures designed to encourage, in particular, modes other than the private car. Thereafter the measures, system of management and monitoring shall be implemented in accordance with the details approved under the terms of this condition.

Reason: To provide sustainable modes of transport and reduce traffic generation on the surrounding road network.

18. That before any part of the development hereby permitted is brought into use a scheme of directional signage, which the Planning Authority has approved in writing, shall be installed and thereafter retained on site.

Reason: To ensure the provision of satisfactory pedestrian and vehicular access facilities.

19. That should 12 months or more elapse between the timing of the initial ecological survey dated 13'h February 2013 hereby approved, and development commencing, a further survey shall be undertaken on the site to determine the presence of any statutorily protected species, particularly for bats and badgers, the said survey shall thereafter be submitted to and approved in writing by the Planning Authority before any development commences on the site. As a result of the study, should any remediation measures be required for the relocation of any protected species, this shall be implemented in accordance with a timetable agreed in writing with the Planning Authority in consultation with Scottish Natural Heritage before works commence on the site.

Reason: To ensure compliance with The Conservation (Natural Habitats & c.) Amendment (Scotland) Regulations 2007 and the Protection of Badgers Act 1992.

20. That before any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive absence/presence survey on Great crested Newts shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice for this species covering the recommended optimal time for survey techniques used to establish presence/absence of Great Crested Newts being April to June. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not a suitable habitat exists for Great Crested Newts on this site.

21. That any remediation works identified by the site survey required in terms of Condition 20, shall be carried out to the satisfaction of the Planning Authority. A certificate (signed by a Chartered Ecologist) shall be submitted to the Planning Authority prior to

29 works commencing on site that any remediation works have been carried out in accordance with the terms of the Remediation Strategy in agreement with Scottish Natural Heritage.

Reason: To ensure that the site is free of protected species in the interests of the wellbeing of Great crested Newts.

Backaround Papers:

Consultation Responses:

Memo from Transportation received 2ndMay 2013 Letter from SEPA 11 th March 2013 and 28'h March 201 3 Memo and email received from Greenspace (Ecologist) received lgthMarch and lgthApril 2013. Memo from Greenspace (Landscape) 26'h Ftbruary ;nd 7'h March. Memo from Protective Services received 11 and 26 April 2013 Letter from Transport Scotland received 5zndMarch 2013 Letter from The Coal Authority received 4 !arch 201 3. Letter from SP Energy Networks received 6 March 2013. Email from Scotland Gas Network received 22ndFebruary 2013.

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632425

Report Date:

6'h May 201 3

30 APPLICATION NO. 13/00199/FUL

REPORT

1. Site Description

1.1 The application site measures approximately 9.09 hectares and comprises of rough scrubland and low level vegetation. The site also benefits from thick landscape screen along its northern and eastern boundaries. The site is rectangular in shape and is bounded to the north by the A8/M8 corridor which lies in an elevated position, to the east by A73/Bellside Road, to the south by a commuter car park, petrol filling station, Newhouse Hotel and residential properties, and to the west by the Co- operative distribution centre with the Newhouse Industrial Estate beyond. In terms of site levels, the application site is subject of undulating topography across its width and length but predominantly slopes downward from south east to north west. A number of enabling works have been undertaken within the site including levelling and regrading of material and also access works adjacent to the site. Vehicular and pedestrian access to the site is taken from Edinburgh Road via an existing roundabout which was constructed as part of the previous enabling works.

2. ProDosed Development

2.1 The applicant seeks planning permission for a 16,036sqm Class 6 industrial warehouse unit with associated ancillary buildings, HGV and car parking and landscaping. The warehouse unit will comprise of 13,995sqm for storage and distribution purposes and 1,393sqm of ancillary office space which would be located in the south west corner of the building over 2 storeys. The remaining floorspace will accommodate associated plant and operational off ice space. The applicant also has an area within the site identified for future expansion of the building to the east of the unit. The warehouse unit would be located within the northern part of the site with a landscaping bund to the south to screen the site when viewed from Edinburgh Road. A total of 250 car parking spaces would be located in the western part of the site together with 150 rigid trailer and 12 HGV parking spaces to the north and south of the warehouse building. There are also ancillary buildings proposed within the site including a small gatehouse at the site entrance, a vehicle wash area and a pallet store area. In terms of design, the warehouse would be 16.6 metres high and will be finished predominantly in silver, dark grey and green cladding with a large expanse of windows located on the south west corner of the building which serve the offices. Ancillary buildings would be constructed in similar materials. The applicant also proposes to construct a SUDS pond within the south west corner of the site.

3. Applicant’s Supportinq Information

3.1 The applicant has submitted the following documents in support of their application:

e Transport Assessment Addendum e Site Investigation Report e Noise Impact Assessment 0 Air Quality Impact Assessment e Ecology Survey e Landscape and Visual Assessment e Soft Landscape Works Management and Maintenance Scheme e Drainage Philosophy Statement e Flood Risk Assessment e Coal Authority Risk Assessment e Planning Statement e Pre-Application Consultation with the Community Report e Design and Access Statement

31 3.2 The Pre-Application Consultation with the Community report summarised the public event which was held on 14'h April 2011 at Newhouse Hotel, Edinburgh Road, Newhouse and publicised two weeks prior to the event in the Motherwell Times. In addition to the public event, all neighbours within the vicinity of the site were contacted regarding the proposals. Comments received at the event included the retention of the adjoining commuter car park, local employment opportunities, developing an unsightly area and need to ensure adequate parking facilities for all vehicles within the site.

3.3 Given the period of time elapsing prior the submission of the application, the applicant undertook further consultation with the neighbours to update them on the proposal on 30thJanuary 2013. No comments were received from the further consultation.

4. Site Historv

4.1 There have been a number of planning applications relating to this site, the most relevant include:

0 06/01922/OUT: 24 hour Operational Class 6 Storage/Distribution Development of 102,000 square metres in floor area (In Outline) granted lgthApril 2007. 0 07/01081/REM: 4 Unit Warehouse/Distribution Development (Class 6) with Associated Landscaping, Access, Parking and Servicing Areas (Reserved Matters for Application S/06/01922/OUT) granted 1 1th October 2007. 0 07/01084/REM: 6 Unit Warehouse/Distribution Development (Class 6) with Associated Landscaping, Access, Parking and Servicing Areas (Reserved Matters for Application S/06/01922/OUT) granted 1 1th October 2007. 0 08/00074/REM: 4 Unit Warehouse/Distribution Development (Class 6) with Associated Landscaping, Access, Parking and Servicing Areas (Reserved Matters for Application S/06/01922/OUT) granted 12'h August 2008. 0 08/00882/FUL: Enabling Works Comprising, Re-grading of Land, Diversion of a Watercourse, Site Drainage, Formation of Access & Associated Works granted 1" May 2009. 0 09/00774/MSC: Erection of 46,783 sqm (Gross) Warehouse/Distribution Unit (Class 6) with Associated Landscaping, Parking and Access granted 8thOctober 2009.

5. Development Plan

5.1 The site is zoned under Policy EDI 2A (Industrial and Business Sites) in the North Lanarkshire Local Plan.

6. Consultations

6.1 A summary of the comments received from the consultees is as follows:

Transportation has no objection to the proposal subject to condition. Protective Services has no objection to the proposal subject to condition. Land Services (Landscape) have advised that they are satisfied with the landscape and visual assessment and consider the building to be well screened. Land Services (Greenspace) have no objection to the proposal. Transport Scotland has no objection to the proposal. Coal Authority has no objection to the proposed development and advised that they are content with the findings with the submitted risk assessment. SEPA has no objection to the proposal. SP Energy Networks have provided information in relation to their nearby apparatus. Scotland Gas Networks have provided information in relation to their nearby apparatus.

32 7. Remesentations

7.I No letters of representation have been received in relation to this application following the neighbour notification procedure and press advertisement.

8. Plannina Assessment

8.1 In accordance with Section 25 of the Planning etc. (Scotland) Act 2006, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.

8.2 The application raises no strategic issues in terms of the Glasgow and Clyde Valley Strategic Development Plan 2012 and in turn it can therefore be assessed in terms of local plan. The site is covered by Policy EDI 2A (Industrial and Business Sites) in the North Lanarkshire Local Plan 2012 with the associated Supplementary Planning Guidance SPGI 4 (Industrial and Business Development) also relevant.

8.3 Development Plan - North Lanarkshire Local Plan: Policy ED12A (Industrial and Business Areas) and Policies DSPI , 2 and 4 which seek to ensure that developments are acceptable in their impact on the character of the area. It is considered that the proposal is acceptable in principle under the topic policy being industrial in nature. The impact of the proposal is discussed below in paragraph (8.4-8.6)

8.4 The North Lanarkshire Local Plan goes on to assess developments under policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). In considering these policies only DSPI, DSP2 and DSP4 are relevant.

8.5 The site forms part of the designated industrial land supply within development plan and therefore concurs with policy DSPI (Amount of Development). In terms of the location of the development it is considered consistent with the development plan being a proposed addition to the planned land supply. The proposal therefore concurs with policy DSP2 in principle. In considering the relevant impact relating to this policy the site makes use of brown field urban land and will connects with existing urban infrastructure and services. However, In order to further enhance accessibility to the site, which currently includes cycle , pedestrian and vehicular access, a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car is recommended and has been conditioned. The impact of the site has been assessed against its use as a storage and distribution warehouse and in order to retain control over this impact a condition is recommended removing the permitted development rights relating to a potential change to offices (class 4).ln considering the quality of development the applicant has undertaken an appraisal of the existing character of the site including an evaluation of the design options and has achieved a high quality of proposal in terms of the criteria listed under policy DSP4 (3). Further detail relating to the site layout is discussed below in paragraph 8.6.

8.6 Design and layout: The proposed units would be located in an established industrial area and are therefore considered to be acceptable in terms of the impact on the character of the area in principle. The proposed scale and design of the units are considered acceptable and would incorporate similar materials in keeping with the existing industrial unit adjacent and within the wider industrial estate. It is noted that the orientation of the unit is considered sufficient in ameliorating the impact of sequential gables along the main transport links, preference being given to orientating the gables of the units away from the more important trunk road. The proposed units are therefore considered to be acceptable in their design. The application proposes to create a new access point on Edinburgh Road via existing road facilities. For security this will be a gated access and a condition is recommended in acquiring the details of this feature. Further security measures include a comprehensive lighting arrangement and further detail relating to these features may also be the subject of a planning condition. It has also been aareed that there will be an entrance feature to mark the

33 location of this proposed development and again the details of this work may be conditioned.

8.7 Consultees Transportation has recommended that a condition is attached to the permission requiring the submission of a travel plan. This matter may be addressed by planning condition. It should also be noted that previous planning history outlined in paragraph 4.1 has resulted in provision for the future extension of a commuter car parking facility adjacent to but out with the boundary of this proposal (to the east of the existing commuter car park). An updated transport assessment was submitted with this application and Transportation commented that the previously considered future capacity may not now be sufficient. It is however considered that this matter is not for the current application to resolve as this car park does not form part of the application submission. It should however be noted that, in considering the submission of a planning application assessing such a proposal, Transportation remain in direct contact with the site owner over agreement on the future expansion of the commuter car parking area. Protective Services has recommended that a comprehensive site investigation report being submitted. A condition is recommended requiring this report. They commented that reports covering potential noise and air pollution were acceptable. Comments were also forwarded on potential light pollution from the lighting arrangements within the site. An informative will be attached to any permission in order to draw the applicant’s attention to current best practice. Land Services (Greenspace) have recommended a condition requiring further Great Crested Newt presence/absence surveys which must be submitted on completion to the Planning Authority for approval. This survey which will support existing work already carried out must be spread out over the recommended survey period. If Great Crested Newt found to be present then appropriate mitigation must be proposed and implemented by the applicant before any work begins and the Planning Authority and SNH notified.

9. Conclusions

9.1 In conclusion, following detailed assessment of the application and taking account of the site history, it is considered that the proposed development is acceptable when considered against the relevant policies of the North Lanarkshire Local Plan and associated supplementary planning guidance. The proposed development will provide a positive economic development for North Lanarkshire and enhance the landscape and visual impact of this site. It is therefore recommended that planning permission is granted subject to conditions.

34 Application No: Proposed Development:

13/00217/FUL Change of Use to Hot Food Takeaway Incorporating Installation of Extraction Flues Site Address:

41 Merry Street Motherwell

Date Registered:

12th March 2013

Applicant: Agent: Mr Quintiliani DTA Chartered Architects Ltd Clo Agent Mr Gary Murray 9 Montgomery Street The Village East Kilbride G74 4JS

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 8 Motherwell South East And Ravenscraig 26 letters of representation received. Kaye Harmon, Thomas Lunny, Gary O'Rorke, Alan Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The development meets the criteria set out in the relevant policies contained within the Adopted North Lanarkshire Local Plan. It is considered that the proposed development is acceptable in terms of its impact upon the property and the surrounding town centre area.

35 Reploduced kj permission 13100217#FU L Produced by btheOrohance Suwq on Mr Qunitiliani Planning and Development behandHMSQ.*Cmwn Environmental Semi 41 Merry Street, Motherwell, MLI 1JJ North Lanarkshire C Copytigtt and database ti# Fleming House 2009. A11 rig& ~51111d. Change of Use to Hot Food Takeaway Ordnance Sunrey Representation 2 Tryst Road * Cumbernauld ticernenumber 100023396. G87 IJW Proposed Conditions:-

That before the commencement of any operations on site and before the flues or any ventilation apparatus is installed, full details of the proposed external extraction flues (and associated apparatus), including details of the colour and finish, shall be submitted to and approved in writing by the Planning Authority. For the avoidance of doubt, the flues shall be powder coated in a colour to match the gable of the building.

Reason: In order to minimise the visual impact of the development upon the site and the adjacent listed building.

That the extractor flues as approved under condition 1 above shall be installed to the satisfaction of the Planning Authority prior to the opening of the takeaway.

Reason: In the interests of residential amenity.

That, except for the requirements of condition (1) above, or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans stamped approved as part of this permission.

Reason: To clarify the drawings on which this approval of permission is founded.

Noise associated with the completed development shall not give rise to a noise level, assessed with the windows open, within any dwelling or noise sensitive buildings in excess of the equivalent to Noise Rating Curve (N.R.C.) 35 between 07.00 hours and 22.00 hours and N.R.C. 25 at all other times.

Reason: To ensure that the noise associated with the development will be within acceptable limits.

That the permission hereby granted relates to a change of use only and, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, apart from the proposed flues, no alterations shall be made to the external appearance of the building.

Reason: To define the permission.

37 Backaround Paoers:

Consultation Responses:

Memo from Transportation received 3rd April 2013

Memo from Protective Services received 22nd March 2013

Contact Information:

Any person wishing to inspect these documents should contact Mr Michael Kordas at 01 236 632649

Report Date:

26'h April 2013

38 APPLICATION NO. 13/00217/FUL

REPORT

1. Site Description

1.1 The application site is a ground floor shop unit, currently in use as a sandwich shop, within a two storey tenement property. The neighbouring ground floor property is occupied by a public house with a church adjacent to the gable end. The general pattern of land uses along this part of Merry Street consists mainly of two and three storey properties with shop units on the ground floor and commercial and office properties above.

2. Proposed Development

2.1 Planning permission is sought for a change of use from a sandwich shop (Class 1) to a hot food takeaway (Sui Generis). Minor internal alterations would be required to convert the property to allow cooking of takeaway food within the premises. Two extraction flues are proposed to be located on the gable wall of the premises in order to ventilate odours from the proposed cooking equipment to above roof level. The flues will be powder coated to match the gable wall.

3. Site Historv

3.1 None relevant.

4. Development Plan

4.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

4.2 The application site is zoned as RTC 1 A (Town Centres) within the Adopted North Lanarkshire Local Plan.

5. Consultations

5.1 Transportation has no objections.

5.2 Protective Services has no objections, subject to conditions relating to regulation of noise from the proposed ventilation equipment.

6. Representations

6.1 Following the neighbour notification and press advertisement procedures, 26 representations were received, mostly from addresses outwith the immediate area of the proposals and from owners of other similar businesses nearby. All raised points of objection which may be summarised as follows;

1. The proposal incorporates no off street parking provision and would bring more vehicles into the area for pick ups and deliveries leading to road safety issues.

2. It is argued that an additional hot food takeaway will lower the character and amenity of the area and cause problems with litter and anti social behaviour. The location of the flues adjacent to a listed church building will have a detrimental impact upon its appearance. It is also argued that the proposed flues will merely extract from the shop to the atmosphere and do little to reduce odours in real terms.

39 3. It is argued that the proposal would lead to overprovision of hot food shops in the area and would be detrimental, in the current economic climate, to business sustainability and staff retention of other similar businesses.

4. The proposed flues will require access onto adjacent land in order to undertake construction works for which the owners expect to be consulted.

5. It is argued that additional waste coming from the proposed business will result in problems with the adjoining drains.

7. Planninq Assessment

7.2 The application site is designated under policy RTC 1 A (Town Centres) in the adopted North Lanarkshire Local Plan (2012). Policy RTC 38 (Bad Neighbour Developments) also applies.

7.3 Policy RTC 1 A seeks to protect the network of local town centres as continuing focal points for retail, leisure, civic and community uses and defines appropriate use classes for these locations. Class 3 (Food and Drink) and hot food takeaways (Sui Generis) are considered as acceptable in principle subject to assessment against other policies in the local plan.

7.3 Policy RTC 3 B indicates that planning permission will only be granted for such developments where it can be demonstrated that amenity would not be adversely affected. Account is also taken of the cumulative impact of such developments. Motherwell Town Centre is well served by a mix of uses including shops, offices, betting offices, restaurants and pubs, and no one use predominates. Within this context, an additional hot food takeaway where there are a number of varied food businesses existing in the area, would not be considered as measurably out of character with the surroundings or present an unacceptable concentration of such uses given the existing variety of uses within this area. With regard to the visual amenity of the area, the only external alterations relate to the installation of 2 extraction flues, one positioned on the rear end of the gable wall and the second on the gable of a rear extension. The forward most gable is visually exposed owing to the recessed position of the adjacent listed church, but currently contains a large drainage pipe, whilst the second flue is largely screened by the church. The applicant proposes that the flues be coloured to match the red sandstone gable wall. A condition is recommended to ensure this. Given their positioning offset from the frontage, where they will be viewed in association with existing drainage apparatus and finished in a muted colour, it is considered that their impact upon the streetscene will be suitably reduced and respectful to the setting of the adjacent listed building. The majority of upper floor premises are offices, with only a small proportion being residential. It is therefore considered that, given the mix of uses in the area, the proposal does not significantly alter the character or amenity of the area. Protective Services has no objections and conditions may be attached to the planning permission to regulate noise and cooking odours in order that no amenity issues arise in this regard. The town centre is well served by a network of public parking areas, located in close proximity to the site. There is also a layby in front of the unit which may be used for deliveries. Transportation raised no objections and it is considered that the proposals would not have a detrimental effect upon the road network. The proposals are therefore considered to accord with policy RTC 3 B.

40 7.4 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment and achieve a high quality development taking account of various criteria. In this case relevant considerations would include impact on amenity and access and parking. For the reasons noted above in paragraph 7.3 it is considered that the change of use may be achieved without detriment to the amenity of the surrounding town centre environment and road network and accords with DSP 4.

Rewesentations

7.5 In relation to the grounds of objection noted in section 6 above, the following comments may be noted:

1, Transportation has no objections on road safety grounds. The proposal is located in a town centre area where other similar premises also do not have dedicated service access or off street parking provision.

2. As addressed in paragraph 7.3 above, the proposal is not considered to adversely affect the character and amenity of the surrounding area. The impact of the proposal in terms of anti social behaviour and litter is not a material planning consideration. Protective Services has no objection to the proposal on amenity grounds. The applicant has indicated that the flues will be coloured to complement the materials existing on the application property which are similar to those existing on the adjacent church.

The further points of objection, noted as 3,4 and 5 in section 6.1 above, do not raise material planning considerations.

8. Conclusions

8.1 In conclusion, it is considered that the proposal is acceptable in terms of policies RTC 1 A, RTC 38 and DSP 4 given the setting of the application site within a mixed use town centre area. It is considered that the proposed change of use and installation of flues can be accommodated without significant detriment to the character, amenity and road network of the surrounding area.

41 Application No: Proposed Development:

13/00269/AM D Amendment to Planning Permission 1 1/00584/AMD to Include Additional Land Within Rear Garden of Plots 20-27 Site Address:

Land Between Spindleside Cottage Station Road Cleland

Date Registered:

27th March 201 3

Applicant: Agent: Lochay Homes Ltd Dalziel Design 28 Stafford Street 1 Braefoot Court Edinburgh Law EH3 7BD ML8 5HY

Application Level: Contrary to Development Plan: Local Application Yes

Ward: Representations: 01 9 Murdostoun No letters of representation received. Alan Clinch, Robert McKendrick, Nicky Shevlin, John Taggart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed minor incursion into this area of Green Belt is in this instance considered acceptable in that it meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan and can be accommodated without detriment to the surrounding area.

42 PLANNING APPLICATION 13/00269/AMD Produced by leprcduced by permission Planning and Development sf sf the Ordnance Survey on Environmental Services A y-y ehalf of HMSO @Crown Amendment to Planning Permission 11/00584/AMD North Lanarkshire Council Qynght and database right to Include Additional Land Within Rear Garden of Fleming House G&t@hir 012. Ail rights reserved. 2 Trvot Road 4/can hdnance Survey Plots 20-27 Cumbernauld icence number IOOX?3396. G67 1JW Land Between Spindleside Cottage, Station Road, Cleland 43 Proposed Conditions:-

1. That except for the requirements of conditions (2) and (3) below, or as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings:- PL 01, PL 02, PL 03 and PL 04.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That before plots 20-27 are occupied a 1.8 metres high close boarded, stained timber, screen fence shall be erected along the rear boundary of each plot where marked ORANGE on the approved plans.

Reason: To enable the Planning Authority to retain effective control and to retain the open aspect of this site.

3. That within 3 months of the date of the consent and before the houses on plots 20-27 are occupied a the scheme of landscaping as approved under planning permission 06/00785/FUL as detailed on drawing number 212.02.01b shall be updated to take account of the amended site boundary and for the avoidance of doubt the amended landscaping scheme including a management and maintenance schedule shall be submitted to, and approved in writing by the Planning Authority, and it shall include semi mature trees with an approximate girth of 18 to 20 cm in addition to a beech hedge.

Reason: To ensure the submission of appropriate details and to protects and enhance the visual amenity and character of application site and the wider area.

4. That all works included in the scheme of landscaping and planting, approved under the terms of Condition 3 above, shall be completed contemporaneously with the development in accordance with the approved timetable and shall be completed before the occupation of the last dwellinghouse within the development hereby permitted; 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 that the landscaping works are completed in a timeous manner in the interests of the amenity of the area.

5. That before the occupation of plots 20-27, the management and maintenance scheme approved under the terms of Condition (3) shall be in operation.

Reason: To ensure the long term care of communal areas in the interests of the amenity of the area.

6. That prior to the occupation of the 10th last dwelling the pedestrian links to both Station Road and the area of Green Belt to the southeast of the site shall be fully surfaced and completed to the satisfaction of the Planning Authority as per the requirements of condition 8 of planning permission 06/00785/FUL.

Reason: In order to provide continued access across the site and satisfactory links to the village centre and the countryside area to the south of the site.

44 Backaround Papers:

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236 632503

Report Date:

26'h April 201 3

45 APPLICATION NO. 13/00269/AMD

REPORT

1. Site DescriDtion

1.1 The application site comprises 2 areas of ground adjacent to the rear boundaries of plots 20 to 27 of the approved Lochay Homes development (11/00584/AMD) at Cleland. The site is located on the south eastern edge of the development site and is bounded by open land to the south west and north east, a wooded area to the east, and the residential development site to the north west. The land slopes from west to east and currently consists of disturbed ground extending to 547 square metres. Approximately 50 dwellinghouses have been constructed/part constructed on the site through the existing permissions. The site has permission for a total of 86 dwellings.

2. ProPosed DeveloPment

2.1 Planning permission is sought for the change of use of open space into private garden ground associated with plots 20 to 27 approved under application reference 11/00584/AMD.The purpose of the application is to extend the boundaries of the rear gardens to match the tile boundaries of each plot. This would result in the position of the proposed 1.8 metres high timber fence and the proposed landscaping being relocated an average of 4 metres to the east.

3. Armlicant’s Suwortina Information

3.1 No additional information has been submitted in support of the application.

4. Site History

4.1 There has been a number of permissions approved in association with this permission with the most recent and applicable being:

0 11/00821/AMD Alterations to Existing Fence, Wall and Rear Gardens to Allor Access to plots 41,42 and 43 (Amendment to 06/00785/FUL) approved 16 September 201 1. 0 11/00584/AMD Erection of 46 Dwelllinghouses (Amendment to 06/00785/FUL) approved 1 3‘h December 201 1. 08/00571/AMD Amendment to Approved Residential Development Incorporatin8 an Increase from 77 Dwellinghouses to 82 Dwellinghouses - Withdrawn 3 March 2010. 0 S/06/00785/FUL Housing Development of 77 Dwellinghouses and Associated Roads - Granted 8th June 2007

5. DeveloPment Plan

5.1 The application site is identified as Policy NBE 3A Green Belt in the North Lanarkshire Local Plan.

6. Consultations

6.1 No consultations were required in relation to this application.

7.1 No letters of representation received were received following the neighbour notification and press advertisement procedures.

46 8. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and can be assessed against the local plan.

8.2 The site of the proposed change of use of open space to garden ground is designated under policy NBE 3A (Green Belt) in the North Lanarkshire Local Plan. This policy seeks to protect the character of the Green Belt by restricting development to acceptable types. The application does not relate to a suitable development type. However due to the relatively small scale of the area proposed for change of use as compared to the overall larger area of open land, it is not considered that the proposals will have any significant impact at this location. The existing hedging and landscaped boundary that adjoined the site has been cleared following the approval of the 2006 permission, this land had previously included a linear hedge and trees. A planning condition was attached to that permission requiring the submission of a landscaping scheme and the scheme was approved on the gth March 2008 including replacement tree and hedge planting along this boundary of the site. It is considered appropriate in this instance to use a planning condition to secure the submission and implementation of a similar planting scheme along the realigned plot boundaries. The new beech hedge and tree planting would provide a green transition from the housing site to the Green Belt area. An informal path runs along the south eastern boundary of and partially crosses the application site. The path is not continuous and is not a Right of Way or a Core Path and with regards to access into the Green Belt, the 2006 permission required that an access path be maintained from the roundel to the north of plot 27 into the Green Belt area. It is considered appropriate that this condition be carried through with this permission. The loss of this relatively narrow strip of Green Belt land to form garden ground is not considered to adversely affect the remaining wider area of Green Belt or the adjacent grouping of trees. Although not identified as an acceptable development within the Green Belt as detailed in policy NBE 3A it is considered that the proposed garden extensions are relatively minor and would not adversely impact on the character or function of this area of Green Belt.

8.3 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment, respond to the features of the site and achieve a high quality development. The proposed garden ground extension ranges from 2 metres to 7 metres in depth and is on average 4 metres. The garden ground of the dwellings as approved has a 1 in 3 slope however the proposed garden extensions would allow a greater amount of useable garden ground is to be provided. Each plot is to slope towards the adjacent land at the end of the garden as per the previously approved 1 in 3 slope where the gardens meet the landscaped area and the area of Green Belt beyond. The previously approved 1.8 metre high timber fence is to be provided in a relocated position and as indicated at paragraph 8.2 a condition is proposed to secure the submission of a revised landscaping scheme in order to further reduce the visual impact of the timber fence. There would be no impact on the street scene within the development itself and the visual impact as viewed from the Wishaw Low Road is also considered to be minimal. As indicated in paragraph 8.2 above the proposal would not adversely affect the amenity of the area or the open aspect of this edge of Green Belt location. The development is therefore considered to comply with policy DSP 4, subject to conditions relating to the submission of fencing details and a landscaping and maintenance strategy for the proposed planting.

47 9. Conclusions

9.1 In conclusion, having due regard to the provisions of the Development Plan, the proposed development although not in full compliance with policy NBE 3A would not adversely impact upon this Green Belt location. Furthermore the appropriate planning conditions can be utilised to minimise the visual impact of the proposed fencing. The development is considered to meet the requirements of policy DSP 4. It is recommended that planning permission be granted subject to conditions.

48 Application No: Proposed Development:

13/0027O/FUL Construction of 21 Houses (Vary Condition 1 of Planning Permission 07/01885/FUL to Extend Permission by 3 years)

Site Address:

Land At Drummore Avenue Carnbroe Coatbridge

Date Registered:

1 1th March 201 3

Applicant: Agent: Blue Property SPV1 (Carnbroe) Ltd Brigid Ryan (In Administration) Graham & Sibbald C/o Campbell Dallas LLP 18 Newton Place Titanium 1 Glasgow Kings Inch Place G3 7PY Renfrew PA4 8WF Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 010 Coatbridge South 3 letters of representation received. James Brooks, John Higgins, lmtiaz Majid,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed housing is in accordance with policy HCF 2 A1 of the North Lanarkshire Local Plan and it would integrate satisfactorily with the surrounding area and would not result in any unacceptable adverse impact on established residential amenity. No material changes have occurred since the approval of the original permission and no new amenity issues have been highlighted. Given the current economic climate, an extension of time to would therefore be reasonable and acceptable.

49 PLANNING APPLICATION 13/00270/FUL Reproduced by permission Produced by of the Ordnance Survey on Construction of 21 Houses (Vary Condition 1 Planning and Development Environmental Services behalf of HMSO 0 Crown of Planning Permission 07/01885/FUL to North Lanarkshire Counc' @mhtanddatabaSe"ght Extend Permission by 3 years) Fleming House 2012 All rights reserved 2 Tryst Road Ordnance Survey Cumbernauld Licence number loo023396 Land At Drumrnore Avenue, Coatbridge A G67 1JW * Representations Proposed Conditions:-

1. That all of the conditions of the original planning consent 07/01885/FUL shall fully apply to this amendment application and their terms shall be complied with in full with the exception of condition 1 which is deleted, conditions 5 and 6 (substituted with conditions 2 and 3 below) and conditions 3 and 4 (substituted with conditions 4 and 5 below).

Reason: This permission represents an amendment to that permission.

2. That before the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of the proposed surface water drainage scheme shall be submitted to the said Authority and shall be certified by a chartered civil engineer as complying with the most recent SEPA SUDS guidance.

3. That the SUDS compliant surface water drainage scheme approved in terms of Condition 2 shall be implemented contemporaneously with the development in so far as is reasonably practical. Within three months of the construction of the SUDS, a certificate (signed by a Chartered Civil Engineer experienced in drainage works) shall be submitted to the Planning Authority confirming that the SUDS has been constructed in accordance with the relevant ClRlA Manual and the approved plans.

4. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11. The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

5. That any remediation works identified by the site investigation required in terms of Condition 4 shall be carried out. A certificate (signed by a chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

51 Backaround Paoers:

Consultation Responses:

None

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 236 632496

Report Date:

3rdMay 201 3

52 APPLICATION NO. 13/0027O/FUL

REPORT

1. Site Description

1.1 Planning permission is being sought to vary condition 1 of Planning Permission 07/01885/FUL to Extend Permission by 3 years for the erection of 21 dwellinghouses at a site located off Drummore Avenue, Carnbroe, Coatbridge.

1.2 The site comprises of 3 separate areas of public open space, which extends to some 0.63ha and is currently maintained as open grassland within an established private housing estate constructed by Persimmon Homes and other developers since 1995. Overhead power lines formerly crossed the area diagonally from north-west to south east.

1.3 Under the terms of the original planning permission C/95/00028/FUL, a restrictive condition stated that this part of the site could only be developed when the overhead power lines were removed and that a further planning application be submitted for further consideration of the revised house types. The condition also stated that the open area would be used as open space whilst the power lines were in place. This infrastructure has now been removed and revised house types approved under the terms of planning permission 07/01 885/FUL. The applicant is seeking to renew this permission and implement the development in accordance with the terms of this planning permission.

2. Proposed Development

2.1 The applicant is seeking planning permission to extend the life of the planning permission by three years by varying condition 1 of Planning Permission 07/01885/FUL. This 2007 permission granted planning permission for 21 dwellinghouses including the erection of 12 semi-detached 6 detached and 3 terraced dwellinghouses. All house types would be 2 storey in height and be finished in high pitched tile roofs and mainly white render and timber features to external walls. South facing roofs would be provided with solar air collector panels. Internally all would provide lounge, kitchen and dining areas to the ground floor with 3 bedrooms and bathroom to first floor. Each house would have front and rear garden areas with individual driveways. No additional roads would be constructed as each house would be accessed from the existing adopted road layout.

2.2 As noted above the site comprises 3 separate areas of open space, which varies in level. The proposals would involve minor ground regrading works to rationalise the existing undulating ground levels.

3. Applicant's Supportinq Information

3.1 The applicant has submitted no additional supporting information.

4. Site History

4.1 Applications of relevance to the proposed development are as follows:-

* Apttication 07/01 885/FUL for the construction of 21 dwellinghouses approved 25' March 2008.

5. Development Plan

5.1 The application site is covered by policy HCF 2 A1 Sites for (Short-term) Housing Development - Housing Land Supply in the North Lanarkshire Local Plan.

53 6. Consultations

6.1 The nature of the proposal required no formal consultations, given the previous consultations carried out with respect to application 07/01885/FUL.

7. Representations

7.1 Following the neighbour notification and press advertisement procedures, 3 letters of objection have been received. The points of objection are outlined below:-

Overshadowing Privacy Amenity Noise Disturbance Access and parking issues with construction vehicles Existing open space areas are utilised for children playing Flooding Damage to adjacent properties foundations due to excavations during building works

8. Plannina Assessment

8.1 Under Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the relevant development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and the Clyde Valley Strategic Development Plan and therefore it can be assessed in terms of local plan policy.

North Lanarkshire Local Plan

8.2 Policy HCF2 A1 Sites for (Short-term) Housing Development - Housing Land Supply applies to this site which was designed to satisfy housing demand in the period up to 2011. It is considered that the application complies with this land use policy and forms an extension to time for an already approved scheme. Policies DSP 1-4 are also relevant and are addressed below.

8.3 It is considered that given the scale and nature of this proposal (renewal of planning permission) that policies DSP 1 (Amount of Development), DSP2 Location of Development and DSP 3 (Impact of Development) are not an issues in this instance.

8.4 DSP4 Qualitv of Development: This policy considers development specific impacts in terms of existing site attributes and provides a range of assessment criteria which are addressed in turn below:

8.5 Given the nature and scale of the proposals a formal Design and Access statement is not required and a site visit is sufficient to appraise the site, surrounding area and the proposals. In terms of layout, it was previously considered that the proposed road upgrade, access and parking provisions were acceptable and the Transportation Section had no objections. The proposed dwellinghouses would complement the surrounding area and finishing materials are acceptable. Each plot would have acceptable front and rear garden areas and there would be no significant detriment to the amenity, through any overlooking or overshadowing of other properties. The proposed mix of two storey semi detached and terraced properties are therefore considered in keeping with the surrounding area and are acceptable. The layout ensures that there is no unacceptable adverse impact on residential amenity of adjacent neighbouring properties in terms of privacy, overlooking or overshadowing and, for the reasons outlined above, the development will in all other respects integrate satisfactorily with the surrounding area. It is considered that the site has

54 good availability of transportation links in the area and is served by good existing and improved pedestrian access links. Furthermore, in terms of access and parking requirements, the Councils Traffic and Transportation team had no objections to the proposed development. The development is therefore not considered to have a detrimental impact on traffic or parking within the surrounding area whilst the other pedestrian links, provided throughout the site, are considered to be acceptable in this instance.

8,.6 In terms of DSP 4 requirements regarding the principles of sustainable development, mitigation of impacts (noise, air quality, pollution etc) and protecting water bodies and SUDWdrainage issues it is considered that the proposals accord with these policies and that the recommended conditions and previous consultation responses are such that all matters have previously been adequately addressed or can be by recommended conditions.

Other Material Considerations

8.17 In terms of points of objection it should be noted that they relate to matters already considered as part of the assessment previously carried out for application 07/01885/FUL. Notwithstanding this, on the matters raised I would comment as follows:-

1. In terms of overshadowing, privacy and amenity, it is considered that the proposed dwellings can be accommodated within the site without significant impact on the adjacent properties, given their position and the regrading of the site which will further reduce the ground levels.

2. In terms of noise disturbance during construction, whilst it is accepted that there would be some degree of disturbance during construction works, it is not considered to be sufficient to warrant the refusal of the application.

3. In terms of access and parking, it is considered that the current road network has the capacity to cater for the additional development and associated construction traffic and having consulted the Councils Traffic and Transportation team previously with regard to the proposed development they did not raise this as a potential problem.

4. Whilst it is noted that the existing open space is utilised as informal areas for play, it is not designated as such and sufficient play facilities are located within the area to service the existing site. The removal of these open space areas in line with the previously approved consent are therefore considered acceptable.

5. In terms of concerns that the development will give rise to flooding of adjacent properties, it should be noted that the current site levels would be subject to ground re-grading works and would remove higher areas that may currently cause drainage problems in adjacent gardens. In addition, the proposed development would introduce further drainage facilities to each plot and would improve the surface water drainage over the entire site. It is therefore considered that the proposals may assist in reducing surface water run-off at the locus due to the introduction of additional surface water drains. Furthermore having previously consulted SEPA and Scottish Water, neither has offered any objections to the proposed development and conditions are recommended to ensure a satisfactory SUDS compliant drainage scheme is provided within the site.

6. It is not considered that the proposed development will give rise to any damage to the foundations of adjacent properties due to increased flooding or excavations due to building works. Furthermore, should any damage occur

55 as a result of the development, this is a civil matter which planning does not arbitrate.

9. Conclusions

9.1 Taking the above assessment into account, it is considered that this development accords with the provisions of policies HCF2 A1 and DSP 4 in the North Lanarkshire Local Plan and following detailed consideration of the proposals, it is considered that it will integrate satisfactorily with the surrounding area and cause no adverse impact on established residential amenity. Therefore, for the reasons detailed in the planning assessment above, it is recommended that planning permission be granted subject to conditions.

56 Application No: Proposed Development:

13/00339/FUL CCTV System (In Retrospect) Site Address:

67 Gala Crescent

Date Registered:

25th March 2013

Applicant: Agent: Mr Lyall Duff NIA 67 Gala Crescent Coltness Wishaw ML2 7JR Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw 36 letters of representation received. Marion Fellows, Jim Hume, Samuel Love, Frank McKay, (1 9 objections, 15 in support, 2 neither supporting nor objecting)

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The CCTV cameras, subject to conditions, accord with policies HCFIA and DSP 4 of the Adopted North Lanarkshire Local Plan in that the focus will be maintained as far as is practicable within the applicant’s own property. The impact on neighbouring residential amenity is therefore acceptable.

57 Temple Gill

36 Representations Received in Total *3 Representations from Addresses Unknown 28 Outwith Plan Area

I Repmduced lq permission I 13/00339/FUL Produced by dtheQ*aeS~~m Mr Lyall Duff Plannmg and Dewlopmerit Wall dHUSQ. Wmwn Envitonrnental Sewi Comdflarlda8aem 67 Gala Crescent, Mshaw, MU7JR North Lanarkshire C m.~litigkre~~ed. CCNSystem (In Retrospect) Fleming House QnlnaneeSutuey Representation 2 Tryst Road * Cumbernauld Liceme number iO(X1p396. 087 IJW

58 Proposed Conditions:-

1. The CCTV cameras shall be removed when they are no longer required for security purposes.

Reason: In the interests of the residential and visual amenity of the area.

2. The field of vision of the CCTV cameras should, so far as practicable, not extend beyond the boundaries of 67 Gala Crescent or any adjoining land to which the public have access.

Reason: In the interests of the privacy of neighbouring properties.

3. That within 2 months of the date of this permission camera 4 shall be relocated in accordance with the approved plans and the focus of camera 3 shall be lowered to the satisfaction of the Planning Authority such that the field of vision does not extend to the opposite side of the public road.

Reason: In the interests of the privacy of neighbouring properties.

4. That no further CCTV cameras or other recording devices shall be installed on the property without a further planning application being submitted to the Planning Authority.

Reason: In the interests of the residential and visual amenity of the area and the privacy of adjacent residents.

59 Backaround PaPers:

Consultation Responses:

Electronic Mail from Architectural Liaison Officer, Police Scotland received 17th April 201 3

Contact Information:

Any person wishing to inspect these documents should contact Mr Michael Kordas at 01 236 632649

Report Date:

2ndMay 2013

60 APPLICATION NO. 13/00339/FUL

REPORT

1. Site Descriotion

1.1 The application site is a two storey end terrace house within an established residential area of Wishaw. The property is surrounded to the front and sides by other residential properties and backs onto an area of wooded open space.

2. Prooosed Develooment

2.1 Planning permission is sought in retrospect for four CCTV cameras installed on the property.

2.2 Cameras 1 and 2 are installed on the gable of the house and have a field of vision covering the side driveway and car port. Camera 3 is installed on the front elevation and overlooks the front driveway area and an area of the street. Camera 4 is installed on the rear elevation and covers the rear garden area of the property with a field of vision also overlooking part of the rear garden area of neighbouring 65 Gala Crescent. The field of vision of Cameras 1 and 3 as installed also overlooks the side driveway of neighbouring 69 Gala Crescent. The applicant has forwarded a letter from the owner of this property which confirms they support this arrangement on security grounds. All cameras are coloured to complement the materials forming the part of the house on which they are installed.

3. Site History

3.1 Planning permission was granted on 2 February 2004 for a rear extension to the property, application reference 03/01926/FUL.

4. DeveloPment Plan

4.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

4.2 The application site is zoned as HCF 1A (Residential Amenity) within the Adopted North Lanarkshire Local Plan.

5. Consultations

5.1 Police Scotland has provided guidance on the positioning of domestic CCTV cameras. It is advised that care should be taken to capture only images of targets such as the owner's property and entrances and not unnecessarily cover neighbouring private or public spaces.

61 6. Representations

6.1 Following the standard neighbour notification procedure 36 representations were received both objecting to, in support of and neutral toward the development.

6.2 The objections may be summarised as follows:

1. The CCTV is unnecessary within the quiet residential area and should be removed. It represents a loss of privacy for adjacent residents with some of the cameras facing outwith the application site onto neighbouring properties and public space. In one case, the cameras overlooks another resident‘s rear garden and parking space. The neighbouring property has access from their rear garden through the application site, the cameras lead to a loss of privacy for the neighbour making use of this arrangement.

2. There is no need for the number of cameras installed for the security of one property.

3. Furthermore, neighbouring properties were not informed of the cameras before they were installed

6.3 The supporting comments may be summarised as follows:

1, CCTV is helpful in crime reduction and provides evidence for the Police if a crime is com m itted.

2. House holders should be allowed right to protect the security of their property.

3. Law abiding people should not have concerns about being on CCTV images.

7. Plannina Assessment

7.2 The application site is designated under policy HCF 1A (Residential Amenity) in the adopted North Lanarkshire Local Plan (2012). HCF 1A seeks to protect against development detrimental to residential amenity in primarily residential areas. In the case of this planning application, consideration of amenity would include both the impact of the cameras visually and the privacy of neighbouring residents and members of the public. The cameras are coloured to match the underlying fabric of the existing house and are mounted in unobtrusive locations in all cases. The visual impact of the cameras on the character of the existing house and surrounding area is consequently low. However, the focus of Camera 4 overlooks an area of the rear garden of neighbouring 65 Gala Crescent. The applicant has confirmed that they are willing to relocate Camera 4 and alter the field of vision of Camera 3. A condition is therefore proposed to secure these amendments, relocating Camera 4 so as to overlook only the applicant’s rear garden and lowering the focus of Camera 3 so as to centre the focus on the applicant’s driveway, to the satisfaction of the Planning Authority. It is considered that these modifications would minimise the impact on the residential amenity of neighbouring area and, subject to condition, it is considered the development is acceptable in terms of policy HCF 1A.

7.3 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment and

62 achieve a high quality development taking account of the relevant material planning considerations. In this case the relevant consideration would be the impact on amenity; this matter is addressed in paragraph 7.2 above.

Consultation ResDonses

7.4 Police Scotland has provided guidance on the positioning of domestic CCTV cameras. It is advised that care should be taken to capture only images of targets such as the owner's property and entrances and not unnecessarily cover neighbouring private or public spaces.

Rewesentations

7.5 In relation to the grounds of objection noted above, the following comments may be noted:

1, It is proposed that if planning permission is granted that a condition is imposed requiring alterations to the CCTV system in order to minimise the potential loss of privacy, as noted in paragraph 7.2 above.

2. The number of cameras installed is not a material planning consideration. The planning assessment investigates the overall impact on privacy caused by the system.

3. The application has been made in retrospect and neighbours have been made aware of the CCTV system through the associated notification procedure.

7.5 The points of support are not considered to raise material planning considerations.

8. Conclusions

8.1 It is considered that, subject to conditions, the development meets the criteria set out in the relevant policies contained within the Adopted North Lanarkshire Local Plan in that the CCTV system will not result in an unacceptable visual impact upon the character or amenity of the existing dwelling or upon the amenity of the surrounding residents. It is recommended that planning permission be granted subject to conditions.

63 Application No: Proposed Development:

13/00358/FUL Erection of Sports Storage Facility

Site Address:

Focus Youth Centre 440 Laburnum Road Viewpark Uddingston

Date Registered:

5th April 201 3

Applicant: Agent: Focus Youth Project Morrison Scotland Focus Youth Centre Phoenix House 440 Laburnum Road 1 Southerhouse Road Viewpark Coatbridge Uddingston ML5 4AA G71 5HZ

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 3 Thorniewood No letters of representation received. Robert Burrows, James McCabe, Duncan McShannon,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan in that the development is acceptable in terms of its impact upon the amenity of the surrounding area.

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65 Proposed Conditions:-

1. That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the drawings:- Site Plan, FYG 001 -01 and FYG-001-02

Reason: To clarify the drawings on which this approval of permission is founded.

2. That BEFORE any works of any description start on the application site, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority. The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11, The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future site users and the surrounding residents.

3. That before the building hereby approved is brought into use, any remediation works identified by the site investigation report required in terms of Condition 2 above shall be completed and a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure the site is free of contamination in the interests of the amenity of future users.

66 Backaround Papers:

Consultation Responses:

Memo from Greenspace Development received 1st May 201 3 Memo from Protective Services received 29th April 201 3 Memo from Transportation received 24th April 201 3

Greenspace

Contact Information:

Any person wishing to inspect these documents should contact Mr Michael Kordas at 01236 632649

Report Date:

2ndMay 2013

67 APPLICATION NO. 13/00358/FUL

REPORT

1. Site DescriDtion

1.I The application site is an area of vacant ground adjacent to a community centre and changing facility located within an area of open space with floodlit football pitches. The complex is situated on a raised area of ground with housing to the south and east, further open space to the north and the Tannochside Business Park to the west. The pitches and application site are currently open plan with the changing facilities bounded by an approximately 2.5m steel palisade fence.

2. Proposed Development

2.1 Planning permission is sought for the construction of a sports equipment storage building which will also be used for training purposes. The building resembles a large garage with a gable roof profile, has no windows on any of the elevations and will be constructed from green metal cladding. The proposed building measures 10 metres in breadth, 15 metres in width and 7m to the roof peak. It will be accessed from the car park area of the existing sports pavilion and changing facilities. The existing 2.5 metre high palisade fence will be relocated around the perimeter of the building.

3. Site History

3.1 Planning permission was granted in April 2002 for an extension and refurbishment of the existing youth centre, application number 02/00187/FUL.

4. Development Plan

4.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

4.2 The application site is designated under policy NBE 3A (Assessing Development in the Green Belt) in the Adopted North Lanarkshire Local Plan.

5. Consultations

5.1 Greenspace Development has no objections to the proposal.

5.2 Protective Services accepted the findings of the associated desk study and contamination report for this application but require further intrusive ground investigation to satisfy their requirements.

5.3 Transportation has raised no objections.

6. Representations

6.1 No letters of representation have been received.

68 7. Plannina Assessment

7.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal raises no strategic issues and can be assessed against the local plan. In the adopted North Lanarkshire Local Plan (NLLP) (2012) the site is zoned as NBE 3A (Assessing Development in the Green Belt). Policy HCF 1B 1 (Community Facilities) and Supplementary Planning Guidance note SPG 07 (Assessing Development in the Green Belt) are also relevant.

7.2 Policy NBE 3A and SPG 07 accept proposals for extensions or alterations to existing buildings and facilities for outdoor recreation and education, where they are compatible within a rural or natural setting, and where they are proportionate to the original building, and are of an appropriate scale, design and material finish. The erection of a further trainingktorage building, ancillary to the existing facility would therefore be acceptable in principle.

7.3 Policy HCF 1 B1 is also relevant and seeks to protect existing community facilities and maintain community well being in residential areas. This policy indicates that development will not be supported on playing fields except where the proposed development is ancillary to the use of the site as a playing field. As the proposals are associated with and seek to expand the opportunities for sport and recreation, they also accord with HCF 1 BI.

7.4 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment, respond to the features of the site and achieve a high quality development. In considering the more detailed aspects of the proposals, it is noted that the site is off-set from Laburnum Road and accessed via a separate dedicated track. It is contained within larger parkland with mature woodland providing a natural backdrop and a degree of screening along its frontage. The proposed building will be sited further back into the site, be of a proportionate size to the existing building, albeit with a wider footprint and slightly higher apex, and be coloured green. On this basis, it is considered that the proposed building will blend well with the surrounding built context and equally benefit from existing screening, thereby bearing minimal impact upon the street scene and maintaining residential amenity. The proposal therefore is considered to accord with DSP 4.

7.5 With respect to consultation responses and the comments received from Protective Services relating to ground conditions, appropriate conditions are attached covering this matter.

8. Conclusions

8.1 The development meets the criteria set out in the relevant policies contained within the North Lanarkshire Local Plan in that it will not have any adverse impact upon the surrounding area and will provide further opportunities for sport, leisure and training. It is therefore recommended that planning permission is granted subject to conditions.

69 Application No: Proposed Development:

13/00370/FUL Two Storey Side Extension and Change of Use of Land Site Address:

48 Leven Terrace Carfin Motherwell MLI 4DR

Date Registered:

19th March 201 3

Applicant: Agent: Ms Ann Marie Robb lan Keachie 48 Leven Terrace 72 North Orchard Street Carfin Motherwell Motherwell ML1 3JL MLI 4DR Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 017 Motherwell North No letters of representation received. Shahid Farooq, Annita McAuley, Helen McKenna, Peter Nolan,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The development meets the criteria set out in policies HCF 1A and DSP 4 of the Adopted North Lanarkshire Local Plan. The proposed change of use and extension would not result in an unacceptable impact upon the residential amenity and character of the existing dwelling and surrounding area and road network.

70 Reploduocd ky pemlssion 13~Q0370/FUL Produced by dthe0;rhince Sufvq on MsAnn Marie Robb Phnninp and Devdoprnent babRdHMS0. OCrwrn Environmmtal Services CopyrigM and datzbase 48 Leven Terrace Carfin Motherwell North Lanarkshire Cou po9. AH Hghb nsenrd. Two Storey Side Extension and Change of Use Flernlng House Onlnance Suwy of Land 2 Tryst Road Liom~enumber fOOOa3396. Cumbetnauld G67 1Jw

71 Proposed Conditions:-

1 That except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing nos:- 01 and 02. For the avoidance of doubt no vehicular access to the site shall be permitted from New Stevenson Road.

Reason: To clarify the drawings on which this approval of permission is founded.

2. That except as may otherwise be agreed in writing by the Planning Authority; the facing materials to be used for the external walls and roof of the extension shall match in colour and texture those of the existing dwelling.

Reason: In the interests of the visual amenity of the area.

3. That before the extension hereby permitted is occupied, a 2 metres high screen fence shall be erected along the boundary as detailed on drawing no. 01 and thereafter be retained at all times to the satisfaction of the Planning Authority.

Reason: To protect the privacy of the residents and in the interests of the visual amenity of the area.

72 Backaround Papers:

Consultation Responses:

Memo from Greenspace Development received 30th April 2013.

Memo from Transportation received 22nd March 201 3.

Contact Information:

Any person wishing to inspect these documents should contact Mr Michael Kordas at 01236 632649

Report Date:

26th April 201 3

73 APPLICATION NO. 13/00370/FUL

REPORT

1. Site Description

1.1 The application relates to a two storey end terrace dwelling and an adjoining area of council owned open space within an established residential area. The site is surrounded to the north and west by other dwellings and to the south by New Stevenston Road. To the east lies a row of shop units and a footpath. The site is relatively flat and the existing rear garden is currently bounded by an approximately lm high wall. Two car parking spaces are currently provided within the rear garden area.

2. Proposed Development

2.1 Planning permission is sought for a change of use of the area of open space measuring approximately 176m2 adjacent to the dwelling in order to extend the property’s curtilage. A two storey side extension is also proposed. The proposed side extension would form four bedrooms with one ensuite, a living room and a bathroom. The extension would measure approximately 5.3 metres in width, and 8 metres in length, approximately equal in dimensions to the existing dwelling. The roof ridge height also matches the existing house. It is proposed to site a 2 metre high fence to enclose the extended rear garden. A 2.2 metre wide area of grass verge will be retained fronting New Stevenston Road.

3. Amlicant’s Sumortina Information

3.1 None received

4. Site History

4.1 None relevant

5. Development Plan

5.1 The proposal raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

5.2 The application site is designated under policy HCF 1 A (Residential Amenity) in the Adopted North Lanarkshire Local Plan.

6. Consultations

6.1 Greenspace Development has no objections.

6.2 Transportation has objected to the proposal on the grounds that the parking arrangement proposed is substandard for a dwelling of the size proposed. Two of the four parking spaces proposed are considered to be impractical.

7.1 No letters of representation have been received following the standard neighbour notification procedure.

74 8. Plannina Assessment

8.2 The application site is within an area designated as HCF 1 A (Residential Amenity) which seeks to protect against development detrimental to residential amenity in primarily residential areas. The relevant considerations are the impact on the surrounding amenity caused by the loss of the area of open space from public use and the impact on amenity resulting from the extension proposals. The open space area subject of the application is currently grassed and incorporates a single tree, surrounded by footpaths on both sides and bordered by the footway along New Stevenston Road and the gable wall of the applicant’s house. The value for leisure use is therefore minimal. The open space area forms part of a network of several pockets of landscaping extending along New Stevenston Road for a distance of approximately 200m, defining the existing building line and terminating in a large open area to the northwest measuring some 0.5 Ha. The proposed extension and boundary fence would be set back from the edge of the site thereby respecting the existing open character, albeit it on a lesser scale. Given the minimal scale of the area proposed for change of use and the amount of provision nearby, it is considered that the loss of the open space area would have a negligible impact on local amenity. While the proposed extension is of a substantial scale, the design respects that of the existing house and surrounding dwellings. The proposed extension would break the existing building line along New Stevenston Road to the west but would not be further forward than the building line to the East established by the adjacent shop units. The overall impact on the visual amenity of the local street scene and surrounding area is therefore minimised. Due to the location and orientation of the proposed extension and its distance from neighbouring properties there would be no loss of sunlight or daylight or privacy for neighbouring properties as a result of the proposal. It is therefore considered that the proposed development and change of use would not adversely affect the amenity of the area and would comply with Policy HCF 1A.

8.3 The Local Plan requires all applications to be assessed against Policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP3 (Impact of Development) and DSP 4 (Quality of Development). In this instance, given the nature and scale of the proposals it is considered that only DSP 4 is relevant. DSP 4 requires that all proposals are based on a comprehensive site assessment, respond to the features of the site and achieve a high quality development. The design of the proposed extension and its impact on parking provision in the surrounding area are valid considerations in terms of DSP 4. As noted in paragraph 8.2 above, the proposed extension maintains the profile of the existing terraced dwellings and as such has a minimal effect on the streetscene along Leven Terrace and adjacent New Stevenston Road. Transportation has indicated that the proposed parking arrangement is substandard as two of the four spaces proposed are considered as impractical. Parking guidelines recommend that houses with more than five bedrooms are provisioned with 4 car parking spaces in curtilage. At present, two parking spaces are provided in the rear garden of the property. Due to the lack of formal parking restrictions in the surrounding area and presence of a parking courtyard to the rear, it is considered that the two additional car parking spaces can be provided outside the curtilage without significant detriment to the surrounding road network at this location. As indicated in more detail in paragraph 8.2 above the proposal would not adversely affect the amenity of the area, therefore, the proposal is considered to comply with Policy DSP 4.

75 9. Conclusions

9.1 It is considered that the proposals meet the criteria set out in the relevant policies contained within the Adopted North Lanarkshire Local Plan. The proposed change of use and extension would not result in an unacceptable impact upon the adjacent public open space or the surrounding residential area and road network.

76 Application No: Proposed Development:

13/00418/FUL Construction of Temporary Dam To Allow Treatment of Water for Commonwealth Games 2014

Site Address:

Strathclyde Water Sports Centre Strathclyde Country Park 366 Hamilton Road Motherwell ML13WB

Date Registered:

20th March 201 3

Applicant: Agent: North Lanarkshire Council N/A Watersports Centre Strathclyde Country Park 366 Hamilton Road Motherwell ML1 3ED

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 16 Motherwell West 1 letter of representation received. Councillors: Paul Kelly, Michael Ross and Annette Valentine

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed dam is considered acceptable in terms of the criteria set out in the relevant policies of the Adopted North Lanarkshire Local Plan particularly given its temporary nature and its function as part of the overall works for the Commonwealth Games 2014. The proposal is considered acceptable in scale and position and would not significantly affect the amenity or ecology of the area.

77 Stratholfde Loch

Representation Received From: United Clyde Bngling Protective Sbaihclyde County Associaltion Ltd

teptodurcd ky pcnirsion Produced by rtheOhance on North Lanarkshire Council Plannina and Development ehaWdHMsO, 9Cmurn Strathclyde Water Sports Centre :opyrigttanddatabase ri# Strathclyde Country Park 366 Hamilton Road 009. All tight5 resewpd. I Mothe well lrdnance Suwey Construction of Temporary Dam To Allow iceme number 100023396. Treatment of Water for Commonwealth Games 087 IJW I

78 Proposed Conditions:-

1. That the permission hereby granted for the dam is for a temporary period only and shall expire on 31 January 2015. Thereafter the dam shall be removed and the site restored in accordance with the method statement approved under condition 5 of this planning permission to the satisfaction of the Planning Authority

Reason: To define the planning permission.

2. That the development hereby permitted shall be carried out strictly in accordance with the approved details submitted as part of the application and no change to those details shall be made without prior written approval of the Planning Authority.

Reason: To clarify the drawings on which this approval of permission is founded.

3. That BEFORE the development hereby permitted starts, full details of the final design of the temporary dam shall be submitted to and approved in writing by the Planning Authority and the development shall be implemented in accordance with these details. The design of the dam shall include features to allow otters to traverse the dam unless otherwise agreed in writing with the Planning Authority. For the avoidance of doubt details of materials shall be included.

Reason: To allow the Planning Authority to consider these details.

4. That BEFORE the development hereby permitted starts, a Construction Method Statement shall be submitted to and approved by the Planning Authority. The Construction Method Statement shall include:

- A Detailed schedule of works including phasing, construction methods, equipment and any necessary draining of the loch. - A Detailed and scaled map to include site storage compound and equipment store - A full site specific environmental management plan (Pollution Prevention Plan). For the avoidance of doubt these works should accord with the SEPA Pollution Prevention Guidelines. - A scaled plan and details of good practice and protection methods to be used on site in terms of Otters, Breeding Birds and other ecology on site in accordance with the comments received from Greenspace Development (Ecology).

That the development shall be implemented in accordance with the approved Construction Method Statement

Reason: To ensure the construction works do not adversely affect the ecology of the area.

5. That not later than 6 months before the date that the planning permission hereby granted expires a full deconstruction Method Statement shall be submitted to and be approved in writing by the Planning Authority. The Method Statement shall include:

- A Detailed schedule of works including phasing, demolition/ deconstruction methods, equipment and any necessary draining of the loch. - A Detailed and scaled map to include site storage compound and equipment store - A full site specific environmental management plan (Pollution Prevention Plan). For the avoidance of doubt these works should accord with the SEPA Pollution Prevention Guidelines. - A scaled plan and details of good practice and protection methods to be used on site in terms of Otters, Breeding Birds and other ecology on site in accordance with the comments received from Greenspace Development (Ecology)

That the deconstruction shall be implemented in accordance with the approved

79 Construction Method Statement and the works shall be completed no later than 30 June 2015.

Reason: To ensure the construction works do not adversely affect the ecology of the area.

Backuround Paoers:

Consultation Responses:

Letter received from Scottish Environment Protection Agency on 26 March 2013 Memo received from NLC Greenspace Development (Biodiversity) on 17 April 2013 Memo received from NLC Greenspace Development (Landscape) on 8 April 2013

Contact Information:

Any person wishing to inspect these documents should contact Mr William Shand at 01236 632499

Report Date:

29 April 2013

80 APPLICATION NO. 13/00418/FUL

REPORT

1. Site Description

1.1 Planning permission is sought for the construction of a temporary dam across Strathclyde Loch within the Strathclyde Country Park. The Loch is heavily used for recreational activities. The Park is bordered by Motherwell to the North and the river Clyde and the M74 to the south. Strathclyde Country Park is a Site of Importance for Nature Conservation (SINC) and the portion of the River Clyde that flows to the south of the Park is part of the Hamilton Low Parks Site of Specific Scientific Interest (SSSI).

2. Proposed Development

2.1 The dam would be sited toward the south east corner of the loch and would only contain a small portion of the overall water within the Loch. The dam would be approximately 220m long by 5m wide and would be positioned along the south east edge of the finishing tower island and connecting bridge. Although details of the location and dimensions of the dam have been provided only indicative details of the appearance and design of the dam have been submitted at this stage. This dam would be in place for a temporary period and is required as part of the overall works for the Commonwealth Games 2014. The purpose of the dam is to aid in the treatment of the water quality in the south eastern portion of the Loch to allow for the triathlon event to be held within the Country Park. The treatment process itself does not require planning permission and is not considered as part of this application. The applicant has indicated that they aim to remove the dam in December 2014.

2.2 For information purposes, it is noted that this application is made by North Lanarkshire Council as a partner of the Commonwealth Games 2014.

3. Applicant’s Suwortina Information

3.1 No supporting information has been submitted with the application.

4. Site Historv

4.1 A Proposal of Application Notice and an EIA Screening Opinion request has been submitted however in relation to the overlay works relating to the Commonwealth Games. These requests do not include the proposed dam but rather relate to temporary structure relating to broadcasting, security and athlete welfare. A further planning application for these elements is due to be made.

5. Development Plan

5.1 The application site is located within an area designated as NBE3A (Assessing Development in the Green Belt) in the Adopted North Lanarkshire Local Plan. This policy seeks to protect the character and promote development in the Green Belt.

5.2 As the site is within a designated SlNC and a Country Park then policy NBEI A4 (Protecting the Natural and Built Environment (Local Site - SlNC and Country Parks)) would also be of relevance.

5.3 Polices DSP 1-4 area may also be relevant and will be addressed in detail in the Planning Assessment Section below.

81 6. Consultations

6.1 A summary of the comments received from the consultees are as follows:

6.2 SEPA have no objections to the proposal and are satisfied that the principle of the development is capable of being consented under the Water Environment (Controlled Actives)(Scotland) Regulations 201 1 (CAR). It would be under this licensing process and associated regulations that SEPA would consider the impact on water quality of the Loch and river Clyde.

6.3 Greenspace Development (Landscape) have no objections to the proposal.

6.4 Greenspace Development (Biodiversity) have provided the following comments: Otter are present within the Loch and the neighbouring River Clyde. Consequently best practice in terms of otters and construction should be adhered to. The area is used by breeding birds particularly near the finishing tower. A survey would be required to ensure there were no breeding birds prior to construction starting on site. Should breeding birds be found that would be affected by construction works then construction would not be possible until the young have fledged. There are notable fish species in the River Clyde and potentially the Loch and therefore once the design and construction methods have been finalised an ecological appraisal should be carried out to avoid any impact on species within the Loch or the River Clyde. In terms of the Scottish Outdoor Access Code they note that Dams are structures which are exempt from access rights although owners are encouraged to support access across dams.

7. Reoresentations

7.1 One letter of representation has been received from the United Clyde Angling Protective Association Ltd. The points of representation can be summarised as follows:

(a) They believe that this proposal may have a detrimental impact on ecology in the River Clyde; (b) They request that a series of comprehensive studies to provide competent base-line data on the migration of fish.

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 as amended requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues in terms of the Glasgow and Clyde Valley Strategic Development Plan and therefore should be assessed in terms of the relevant local plan.

Adopted North Lanarkshire Local Plan

8.2 NBE 3A (Assessina Development in the Green Belt): This policy states that facilities for outdoor recreation that are compatible with a natural setting are acceptable in the Green Belt. The proposed dam would relate to the existing recreational uses and facility within the Country Park as well as being required for the proposed sporting event both of which could be considered to be compatible with a natural setting. The dam itself, given its general scale, position and permanence, would also be considered to be compatible with the natural setting of the area. The development would therefore accord with this policy subject to it meeting the impact criteria of the policy.

82 8.3 In terms of the impact criteria it is considered that the development itself would create a neutral economic benefit but this development should be considered as part of a larger project which should have a positive economic benefit for the area. The development is of a suitable scale and form for this location and has a specific locational need given its purpose. The environmental impacts of the proposal on ecology can be controlled through conditions relating to further survey work and good practice during construction. The development is also part of wider works to improve the water quality of the Loch which will benefit the wider environment. The relevant SPG does not offer any guidance on this type of development and it is considered that this SPG and the other impact criteria are not of relevance to this proposal. The development would therefore accord with this policy.

8.4 NBE1 A4 (Protectina the Natural and Built Environment (SINC and Country Parks)): This policy aims to protect areas designated as a SlNC or Country Park from inappropriate development. Given the nature and purpose of the dam it is considered that the dam would be an appropriate development for the Country Park and its purpose would be beneficial to the recreational use of the Country Park. Greenspace Development (Landscape) have no objections with regards to the impact of the dam on the setting of the Country Park and given that the dam would be temporary any impact on landscape or setting would also be removed within 2 years.

8.5 The provision of the dam within the SlNC would also not adversely affect the natural heritage or biodiversity that this designation aims to protect. Following consultation with Greenspace Development (Biodiversity) they expressed no significant concern with regards to the impact of the dam on biodiversity subject to appropriate controls with regards to construction practice and design. Therefore the qualifying terms of the designated SlNC would not be adversely affected by this development. It is considered that the development there would accord with the terms of this policy.

8.6 DSP 1-3 Amount, Location and Impact of develoement: Given the scale and nature of the development policies DSP 1- 3 would not be of relevance to this application.

8.7 DSP 4 Qualitv of Development: This policy considers development specific impacts in terms of existing site attributes, and provides a range of assessment criteria which are addressed in turn below:

8.8 In terms of part 1, this application is part of a larger proposal which has involved surveys, appraisals and investigations with regards to the suitability of the site. As stated above, in terms of part 2 the setting and character of the natural environment would not be adversely affected.

8.9 In terms of part 3 of this policy it is considered that sections (a), (b), (c) and (f) would not be relevant to this proposal given that this is largely a temporary engineering project which relates to a wider project. Part 3 (d) mitigating pollution impacts and part 3 (e) protecting the water body status would be controlled primarily through the SEPA CARS licence. SEPA have indicated that they have no objections to the proposal as they consider that in principle it will meet their requirements. It is therefore considered that this development meets the terms of policy DSP 4.

Other Material Considerations

8.10 As this project is at an early stage the finalised details of the design and construction of the dam have not been provided. It is considered that the general location, design and dimensions of the dam are acceptable but the final specifications of the dam in terms of design and materials should be sought through condition. This provides sufficient control over the development to ensure there would be no significant adverse visual impact from the development.

83 8.1 1 Consultation Responses: Generally the consultation responses do not raise any significant issues. SEPA and Greenspace Development (Landscape) raise no objections to the proposal but make comments on the CARS licence process. Greenspace Development (Ecology) have made comment with regards to otter, breeding birds and fish species in the Loch and within the Clyde. To accord with their comments a condition should be added requiring the submission of a Construction Method Statement. This would be required as part of the licence application to SEPA and should contain good practice and mitigation details for otter, breeding birds and other ecology supported by baseline information and also provide prevention and mitigation measures with regards to pollution. Controls would also be placed over the deconstruction of the dam. The comments with regards to breeding birds will be added as an informative as this is controlled through separate legislation. Through these conditions any impact on natural heritage should be negated and the recommendations of this consultation response met. In terms of the comments on access, as this is a new structure it would be for the Council as landowner to decide whether access rights should be incorporated.

8.12 Representations: In response to the letters of objection the following comments should be noted:

(a) The addition of conditions requiring the submission of an ecological appraisal and Construction Method Statement would ensure that any impact on the River Clyde and the fish species within it would be minimised. The control of pollutants leaving the loch from the construction process and dam itself would also be managed by SEPA as a separate legislative organisation. The cleaning process of the Loch is separate from this planning application and would be controlled entirely by SEPA. (b) In a response to the objector the applicant has indicated that initial surveys have been carried out in terms of fish species which found that it was highly unlikely that migratory fish used the Loch as the bank and four outflow weirs formed an impassable barrier. The requirement of a Construction Method Statement would also provide further clarity on this matter and provide further controls on ecological matters.

9. Conclusions

9.1 Taking the foregoing into account it is considered that the proposed development would accord with the relevant terms of the Green Belt, Country Park, SlNC and impact policies within the North Lanarkshire Local Plan. The dam would be considered appropriate in scale, dimensions and location and an appropriate design can be controlled through condition along with the proposed materials. It is considered that the proposed dam, including its construction, would not adversely affect the amenity of the area in terms of visual impact, impact on ecology or pollution. Given the dam is temporary the Country Park will revert back to its previous state within 2 years. One letter of objection was received however it is considered that the objections within this objection do not raise a significant material consideration that would warrant refusal of the application as it is considered that the potential impacts can be managed. It is therefore recommended that the application be approved subject to the attached conditions.

84 Application No: Proposed Development:

13/00420/FUL Construction of Temporary Library Facilities and associated Car Park Site Address:

Site East Of East Academy Street Wishaw

Date Registered:

20th March 201 3

Applicant: Agent: North Lanarkshire Council NLC Design Services Development & Disposals Manager Philip Murray Road NLC Environmental Services Bellshill Regeneration & Infrastructure ML4 3PA Fleming House, 2 Tryst Road Cum bernauld G67 1JW

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 020 Wishaw 1 letter of representation received. Marion Fellows, Jim Hume, Samuel Love, Frank McKay,

Recommendation:

Reasoned Justification: The design, scale, materials and positioning of the proposal are considered to be acceptable and will not impact negatively on the character or amenity of the surrounding area and is therefore considered to be acceptable. In this respect the proposal complies with the adopted North Lanarkshire Local Plan.

85 Produced by 13hXJ4201FUL Planning and Development North Lanarkshire Council Emironmental Sewi Site East Of Ead Academy Street Wishaw North Lanarkshire C Construction of Temporary Library Facilities Fleming House associated Car 2 Tryst Road and Park CumbemdUld k Representations A 087 IJW

86 Proposed Conditions:-

1. That unless otherwise agreed in writing, the permission hereby granted is for a temporary period only and shall expire within 5 years of the date on the decision notice. Thereafter the building and associated parking shall be removed and the site restored to the satisfaction of the Planning Authority

Reason: To define the terms of the temporary permission and to ensure the site is satisfactorily restored.

Reason: To clarify the drawings on which this approval of permission is founded.

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

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

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. For the avoidance of doubt details shall include the alteration of existing walls.

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

5. That BEFORE the temporary building hereby permitted, situated on a site upon which a fence or wall is to be erected, are occupied, the fence, or wall, as approved under the terms of Condition 4 above, shall be erected.

Reason: To ensure the provision of adequate boundary treatment.

6. That prior to the development being brought into use, any remediation works identified by the site investigation report and appended reports shall be completed and a certificate (signed by a Chartered Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure the site is free of contamination in the interests of the amenity of future residents.

7. That BEFORE the development hereby permitted starts, unless otherwise agreed in writing with the Planning Authority, full details of an amended layout shall be submitted to the said Authority and shall include,

0 Construction details and plan of new junction arrangement. Information on the alterations required to existing public utility apparatus in the vicinity of the new junction.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

a. That before the 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.

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

9. That before the development hereby permitted is occupied, all the parking and manoeuvring areas shown on the approved plans, shall be levelled, properly drained and clearly marked out, and shall, thereafter, be maintained as parking and manoeuvring areas.

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

10. That before the library building hereby permitted is occupied, a dropped kerb vehicular access shall be constructed at the entrance to the site, to be shown on the amended layout plan, approved under the terms of condition 7 above, in accordance with the specifications of the Roads Authority and as described in the Roads Guidelines published by the said Roads Authority.

Reason: To ensure the provision of satisfactory vehicular and pedestrian access facilities.

88 Consultation Responses:

Traffic & Transportation memorandum received 18'h April 2013 Scottish Gas Network letter received 3rdApril 201 3 Environmental Health (including Pollution Control) memorandum received 12'h April 2013 The Coal Authority letter received 3rdApril 201 3

Contact Information:

Any person wishing to inspect these documents should contact Mr Gordon Arthur at 01236 632425

Report Date:

22nd April 2013

89 APPLICATION NO. 13/00420/FUL

REPORT

1. Site Description

1 .I Planning Permission is being sought for the construction of a temporary library building on a cleared site previously occupied by a school building (demolished) The application site measures approximately 0.29 hectares, has been levelled, forms an ‘L‘ shape and is set marginally above the level of East Academy Street that forms the site’s main frontage. The site is located to the south of Wishaw Town Centre and on the east side of East Academy Street and lies between residential properties (immediately adjacent) and a church (with hall) on the west side of East academy street .The area to the south beyond east Hamilton Street is composed entirely of residential properties of the application site, to the north land uses are of a mixed commercial nature and include the rear yard of a police station.

2. Proposed Development

2.1 The proposal is for a library building which will accommodate the main library reading area and an exhibition space within a single storey L shaped configuration structure. A single entrance to the building will be taken from East Academy Street via a footway connection and vehicular access to a dedicated car parking area and a link will be provided to the East Academy Street public footway. The existing vehicular access into the site will be upgraded to provide access to the front visitor parking area where some 30 in curtilage parking spaces will be provided.

2.2 For information purposes, it is noted that this application is made by North Lanarkshire Council Design Services on behalf of North Lanarkshire Council. The works required due to the redevelopment of the existing library as a health centre and council offices (which will include a new library).

3. Applicant’s Supportinu Information

3.1 Additional information has been provided in support of the application which includes,

0 A ground investigation and mineral stability report.

4. Site History

4.1 There is no significant planning history associated with this site.

5. Development Plan

5.1 The application raises no strategic issues and can therefore be assessed in terms of Local Plan policies.

5.2 Within the North Lanarkshire Local Plan, the application site is located in the residential area and being a vacant site is covered by policy HCF2A2 (Promoting Housing Development and Community Facilities) which seeks to promote identified development opportunities appropriate to the residential area.

6. Consultations

6.1 A summary of comments from consultees is as follows:

a) Transportation has no objections to the proposal subject to conditions requiring satisfactory access. Conditions are recommended addressing these matters including details of proposed enclosures.

90 b) Pollution Control recommended that a site investigation survey be undertaken to determine the presence of any contaminants and to identify measures to remove any such contaminants prior to development. Additional information was requested and subsequently submitted .A condition is recommended in addressing any additional information or mitigation arising from this information. They have also provided advice relating to dust suppression and noise during the construction process which will be attached to the permission as an informative.

c) The Coal Authority has no objection to the proposal following the submission of a mineral stability report.

d) Scottish Gas networks have provided comments on their infrastructure at this location and safe working practices.

7. Representations

7.1 Following the standard neighbour notification procedure, no objections were received against this proposal and none of the statutory consultees offered any objections to the proposal. A letter was received from South Wishaw Parish Church (opposite the application site) requesting clarification on a number of points relating to the position of the site entrance, proposed hours of opening, use of the car park when the library is not open, detail of future uses following the temporary nature of the library, impact on the neighbouring church and Sunday working. Clarification on these points was requested the applicant and communicated directly to the session clerk (south Wishaw Parish Church).

8. Plannina Assessment

8.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that the application be determined in accordance with the development plan unless material considerations indicate otherwise. As the development is not of strategic importance the relevant policies are contained in the North Lanarkshire Local Plan.

8.2 DeveloRment Plan North Lanarkshire Local Plan: Policy. In terms of the adopted Local Plan, the application site is located within an area designated policy HCF2A2 (Promoting Housing Development and Community Facilities) which seeks to promote identified development opportunities appropriate to the residential area. Given that this is a public library the proposed use is wholly compliant with the Local Plan. The principle of the proposal is therefore accepted and the proposal assessed against its impact on adjacent land uses and other material considerations.

8.3 The North Lanarkshire Local Plan goes on to assess developments under policies DSP 1 (Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development). In considering these policies only DSP4 is relevant. Policy DSP 4 states that development will only be permitted when design is of a high standard and the detail of the development is considered in paragraph 8.4 below, however, it is considered that the building at this location will not significantly impact on the character of the area given the scale and temporary nature of the proposal. In general terms the site is located in the residential area of the town and proposes to re-use brown field urban land and existing infrastructure and services. In doing so, will also safeguard residential amenity bringing tangible environmental improvement through the regeneration of an unappealing former school site. The proposal being a community facility over a single storey is not an inconsistent feature within the wider townscape with surrounding residential properties exceeding it in height and it is recommended that facing materials to be used in the construction of the building are the subject of a planning condition. In considering the immediate locational impact, it is considered that a combination of topography and intervening distance is such that the impact of the proposal is acceptable in that the library building will not result in an overriding loss of amenity. It is considered, therefore, that the proposal is acceptable in its impact on the location,

91 as such, accords with the emerging local plan policies on development strategy.

8.4 lmpact on neighbouring amenity In considering the design and layout of the building, In addition to layout and setting, it is also considered that the detailed design of the building is acceptable and that materials can be considered by way of a condition. No part of the building will result in a significant loss of sunlightldaylight to neighbouring dwellings as potentially affected properties lie at a substantial distance or are positioned behind existing structures and are therefore unlikely to be affected by an overriding impact by virtue of this proposal. It is considered that there will be no significant negative affect on residential amenity in terms of privacy, due to windows being positioned on elevations of the library building which do not directly face windows on neighbouring dwellings. In terms of traffic/ parking it is considered the proposal will have a positive impact at, and around, the site. Parking provision is considered sufficient to cater for visitors to the site.

8.5 Given that the building is a temporary structure it is recommended that a condition is attached in order to secure its removal from the site once the structural life of the building has expired which is set at an initial 5 years from the date of the permission.

9. Conclusions

9.1 The proposal is in keeping with the townscape of this part of Wishaw, in that it will provide visual interest and additional activity to site characterised by a vacant site. It is considered that the proposal accords with the adopted Local Plan in that it is an acceptable use at this location. It is therefore recommended that planning permission be granted.

92 Application No: Proposed Development:

13/00452/AMD Non Compliance with Condition 2 of Planning Permission 06/021121OUT for the Erection of a Flatted Residential Development In Principle Site Address:

137 Craigneuk Street Craigneuk Wishaw ML2 7UY

Date Registered:

25th March 2013

Applicant: Agent: Murdoch MacKenzie Construction Ltd NIA Coursington Road Motherwell ML1 1NR Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 01 8 Motherwell South East And Ravenscraig Kaye Harmon, Thomas Lunny, Gary O'Rorke, Two letters of representation received. Alan Valentine.

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed development, taking account of the development plan and all material considerations, complies with Policies HCF2 Al, DSP1, DSP2 and DSP4 of the North Lanarkshire Local Plan in that the site is designated for a residential development and the proposed development seeks to renew a previously approved residential development at this location. Furthermore there would be no adverse impacts on the amenity of the area.

93 1 Representation Addressess Unknowr

Reploduoed by pennissicn 13LI045 2/AMD Produced by bthe0txhhance sUwq on Construction Ltd N Planning and Development beha#ofHMSO. @Cmwn 137 Craiuneuk Street, Craigneuk, Wishaw I Environmental Services CCPYrigwanddd*=eri@ Non Compliance with Conchion 2 of Planning North Lanarkshire Council a309. All rights tesewed. Fleming House Ordnance fwey Permission 06LI2112DUT for the Erection of 2 Tryst Road ticemenumberirn0a396. a Flatted Residential Development In Principle Cumbernauld * Representation 067 IJW V 94 Proposed Conditions:-

1. That before development starts, a further planning application shall be submitted to the Planning Authority in respect of the following matters for the relevant site:- (a) the siting, design, external appearance and configuration of the flatted dwellings; (b) the means of access to the site from Craigneuk Street; (b) the design and location of all boundary walls, retaining walls and fences; (c) details of existing and proposed site levels; (d) the provision of drainage works. Reason: To enable the Planning Authority to consider these plot proposals in detail.

2. The development shall not exceed three storeys in height.

Reason: In the interests of the visual amenity of the area.

3. That the site shall be developed in accordance with the Council's 'Developer's Guide to Open Space'.

Reason: To ensure the provision of satisfactory amenity space for the development.

4. That the reserved matters application required in condition (1) above shall include full details of the location and design of the surface water drainage scheme to be installed within the application site for the approval of the Planning Authority, and for the avoidance of doubt the scheme requires to be approved by Scottish Water and the Scottish Environment Protection Agency in terms of their principles of Sustainable Urban Drainage Systems.

Reason: To enable the Planning Authority to consider these details and to safeguard the amenity of the area, to prevent groundwater pollution and to ensure that the proposed drainage system complies with the latest SEPA guidance.

5. That before the residential development hereby permitted is occupied; the surface water drainage scheme approved under the terms of Condition (4) above shall be installed, and thereafter maintained in accordance with the approved details.

Reason: In the interests of water quality and the environment.

6. That BEFORE any works start on site, the applicant must confirm in writing to the Planning Authority that the foul drainage can be connected to the public sewer in accordance with the requirements of Scottish Water. The surface water must be treated in accordance with the principles of the Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland published by ClRlA in March 2000.

Reason: To prevent groundwater or surface water contamination in the interests of environmental and amenity protection.

7. That the reserved matters application required in condition (1) above shall include a Flood Risk Assessment, unless otherwise agreed in writing with the said Authority. For the avoidance of doubt, the Flood Risk Assessment must take account of Scottish Planning Policy 7 (SPP 7): Planning & Flooding and Planning Advice Note 69 (PAN 69): Planning & Building Standards Advice on Flooding.

Reason: To enable the Planning Authority to consider this matter in detail. a. That notwithstanding the requirements of condition 1, no trees within the application shall be felled without the written approval of the Planning Authority. Furthermore, the reserved matters application required in condition (1) above shall include a scheme of landscaping and tree planting for the approval in writing by the Planning Authority,

95 retaining existing trees within the site where possible, and providing a scheme of replacement planting for trees which are lost, including a continuous strip to link with the adjacent woodland that includes a tree buffer of at least 2 metres in width to run parallel with Craigneuk Street.

Reason: In the interest of the amenity of the area.

9. That notwithstanding the terms of condition 1 above, access to the site shall be via a 7.5m wide dropped kerb arrangement, located approximately 70m east of the junction of Craigneuk Street and Cowie Place, constructed to the requirements and specifications of North Lanarkshire Council leading to a 5.5m wide access with two 2m wide footways. Furthermore, visibility splays of 4.5 metres x 120 metres to the west and 4.5 m to the roundabout shall be achieved and maintained. Nothing shall be placed or allowed to grow over 1.05m in height above carriageway level within visibility splays. A right turn storage bay shall be formed on Craigneuk Street between the existing refuge islands along the frontage of the proposed development utilising the existing grass verge to widen the road at the applicant' expense, prior to the occupation of any dwelling.

Reason: To ensure adequate access and egress to and from the site in the interests of vehicular and pedestrian road safety.

10. That before the occupation of any dwellinghouse within the site, the existing vehicular access to the site should be removed and the footway reinstated.

Reason: In the interests of traffic safety.

11. That notwithstanding the terms of condition 1 above, along the northern boundary of the application site a wall and railing shall be erected along the site frontage to run parallel with Craigneuk Street.

Reason: In the interests of pedestrian and vehicular safety and to ensure that there will be no direct pedestrian access from the front of the flats onto Craigneuk Street.

12. That notwithstanding the terms of condition 1 above, the site is to be developed in accordance with the Council's car parking standards for flatted development which is 1.5 spaces per flat for up to 2 bedroom flats; 2 spaces for 3 bedroom flats; 2 spaces for up to 2 bedroom houses; 3 spaces for 3-4 bedroom houses and 4 spaces for 4-5 bedroom houses.

Reason: In order to provide adequate parking provision in the interests of road safety and residential amenity.

13. That notwithstanding the terms of condition 1 above, the proposed parking court shall provide vehicular access to the existing flats to the east of the site, dwellings numbered 75-101. The existing vehicular access serving these properties shall be removed and the footway reinstated to the satisfaction of the Planning Authority before any house with the site is occupied.

Reason: In the interests of traffic safety, in order to provide an improvement to the substandard junction spacing.

14. That notwithstanding the terms of condition 1 above, parking bays shall be 5.0 long x 2.5m wide with a 6.0m aisle.

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

15. That BEFORE any works of any description start on the application site, unless otherwise agreed in writing with the Planning Authority, a comprehensive site investigation report shall be submitted to and for the approval of the said Authority.

96 The investigation must be carried out in accordance with current best practice advice, such as BS 10175 : 'The Investigation of Potentially Contaminated Sites' or CLR 11, The report must include a site specific risk assessment of all relevant pollution linkages and a conceptual site model. Depending on the results of the investigation, a detailed Remediation Strategy may be required.

Reason: To establish whether or not site decontamination is required in the interests of the amenity and wellbeing of future residents.

16. That any remediation works identified by the site investigation required in terms of Condition 15, shall be carried out to the satisfaction of the Planning Authority. Before the development hereby permitted is commenced a certificate (signed by a responsible Environmental Engineer) shall be submitted to the Planning Authority confirming that any remediation works have been carried out in accordance with the terms of the Remediation Strategy.

Reason: To ensure that the site is free of contamination in the interests of the amenity and wellbeing of future residents.

17. That the matters specified by conditions application required in condition (1) above shall include a report from a professionally qualified person relating to any noise and vibration and shall include details of any attenuation measures required arising from the results of the noise survey.

Reason: In the interests of the amenity of future residents.

18. That the matters specified by conditions application required in condition (1) above shall include a Badger Survey covering the application site and a 30 metre buffer around the site perimeter. If any setts are located, a Badger Protection Plan addressing the protection of Badgers, Badger Setts and access to their foraging ground, shall be submitted to and approved in writing by the Planning Authority in conjunction with SNH. Full details of protection and mitigation are to be provided and all approved mitigation works are to be carried out to the satisfaction of the Planning Authority and SNH prior to works starting on the site.

Reason: In the interests of nature conservation and for the protection of Badgers and their safe access to foraging grounds.

Backaround PaDers:

Consultation Responses:

Memo from Transportation received 2ndMay 2013 Memo from Protective Services received 22"d fipril 2013. Memo from Greenspace Services received 30 April 201 3.

Contact Information:

Any person wishing to inspect these documents should contact Mr Fraser Miller at 01236 632503

Report Date:

2nd May 2013

97 APPLICATION NO. 13/00452/AMD

REPORT

1. Site Description

1.1 The application site is an area of trees, grass verge and the site of a demolished building fronting the southern side of Craigneuk Street, Wishaw. The site comprises a demolition site with little or no vegetation and a section of semi mature woodland. Generally the ground slopes down from the south to Craigneuk Street. It is bounded to the north by a relatively modern three-storey flatted development and Craigneuk Belhaven Church. To the south is the Etna Industrial Estate. Located to the west is a housing site that is under construction. The site is bounded to the east by North Lanarkshire Council flats at 75-101 Craigneuk Street.

2. Proposed Development

2.1 Outline planning permission for the erection of a flatted residential development on this site was approved on the site on the 3rdApril 2008. The current application seeks permission for the non compliance of condition 2 of planning permission 06/02112/OUT to allow for a further 5 year time extension. The applicant has submitted an illustrative drawing showing a flatted development along the frontage of the site along Craigneuk Street with a smaller row of flats behind this as per the 2006 permission.

3. Applicant's SupDottina Information

3.1 No additional information has been submitted in support of the application.

4. Site Historv

4.1 97/10189/OUT Residential DeveloptFent in outline on land at 137 - 139 Craigneuk Street, Wishaw approved on the 11 September 2000.

4.2 06/02112/OUT Residential Development in outline on land adjacent to 137 Craigneuk Street, Wishaw, ML2 7UY approved on the 3rdApril 2008.

5. Development Plan

5.1 The application site is zoned as HCF 2A Sites for Short Term Housing Development in the North Lanarkshire Local Plan.

6.1 Transportation have raised no objections to the application.

6.2 Protective Services have requested the submission of a site investigation report and a noise impact assessment.

6.3 Greenspace Services have requested the submission of a Badger Survey to determine the presence of Badgers within a 30 metre buffer of the site. A breeding bird survey has also been requested.

7. Representations

7.1 Two letters of representation have been received following the neighbour notification and press advertisement procedures. The points of which are detailed below:

1. Objection to the sale of NLC owned land associated with the application site. The Council should consider alternative sites in particular those where trees

98 are not required to be removed to the detriment of local amenity. 2. The loss of the trees would affect local wildlife and the character of the area. 3. The proposed development would adversely impact upon the privacy and amenity of the objector’s property and subsequent peace and seclusion. 4. The adverse impact of the development on the already congested local road network at this location. 5. There is an existing strain on the sewer system and it is considered that the proposed development will add to the issues of sewage being emitted from drains and man holes in Vesuvius Drive. 6. The site at the entrance to Vesuvius Drive has been abandoned by the developers and there are concerns that this too would happen to this site. 7. The applicants‘ request for an additional 5 year timescale to allow development to commence is unacceptable and given that 5 years have already lapsed there is no confidence in the economic viability of the development. 8. The development would adversely impact upon the value of the objector’s property.

8. Plannina Assessment

8.1 In accordance with Section 25 of Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The application raises no strategic issues; it can therefore be assessed in terms of the local plan policies. In the North Lanarkshire Local Plan the site is covered by HCF2 A1 (Sites for Short Term Housing Development).

8.2 Policy HCF2 AI states that the Council will satisfy housing demand through the promotion of and release of sites indentified for housing development. Planning permission was previously approved in outline for a residential development, and the current application seeks to apply for the non compliance with the time restrictions placed on that 2008 permission. The principle of a residential development has therefore been established and the proposal complies with policy HCF2 Al.

8.3 The North Lanarkshire Local Plan (NLLP) requires all applications to be assessed against policies DSP 1(Amount of Development), DSP 2 (Location of Development), DSP 3 (Impact of Development) and DSP 4 (Quality of Development).

8.4 Due to the limited scale and nature of the development, policy DSP 1 is not relevant. With regards to policies DSP 2 and 3, the proposals are considered to be compliant with the locational criteria as detailed in paragraph 8.2 and are not of a level that would require developer contributions as detailed in DSP 3. Policy DSP 4 states that development will only be permitted where high standards of site planning and sustainable design are achieved. Developments are required to integrate successfully into the local and wider area without having an adverse impact on the amenity of that area. Access and parking are also relevant considerations.

8.5 In terms of DSP4 the site is of a size that can accommodate a mixed use development which, subject to conditions, will not adversely affect the character and amenity of the surrounding area or the road network. This has been demonstrated through the 2008 outline permission where it was concluded that the impact of the proposed development on the character and amenity of the area would be acceptable subject to detailed design and layout considerations. This application only seeks to extend the time scale for implementation of the development and raises no new issues. It is therefore considered that the proposal complies with policy DSP4.

8.6 Planning conditions covering matters raised by consultees are imposed as per the previous permission. As Badgers are protected under the Wildlife and Countryside Act 1981 it is appropriate to utilise a planning condition in this instance. It should be noted, however, that as the previous application did not require the submission of a

99 noise impact assessment, and this cannot be requested at this stage as this application only relates to a change to the time conditions attached to that permission.

8.7 In relation to the points of objection, it is advised that:

1. Land ownership is not a material planning consideration and the application must be assessed on its merits and not in comparison with other sites. With respect to the concern regarding the removal of the trees on the site, conditions are recommended that ensure that the loss of any woodland would be compensated through new perimeter planting as per the previous approval. 2. In terms of impact upon wildlife an advisory note would be attached if planning permission is approved relating to the timing of works in relation to the bird breeding season. 3. The detailed design elements, building heights and the impact on privacy and amenity would be considered at the matters specified by conditions stage. Conditions are imposed to cover these issues. The application is only for the renewal of the time condition associated with the previous permission. 4. No change is proposed to the site access, this was considered to be acceptable when the previous application was assessed. As before conditions are recommended to ensure that vehicular access and traffic generation is adequate in terms of road safety. 5. Planning conditions are proposed to ensure the submission of drainage and flooding details in addition to confirmation from Scottish Water showing their approval of the proposed systems to serve the site. 6. The comments relating to the adjacent site at Vesuvius Drive are not a material planning consideration. 7. Planning legislation allows for Section 42 applications to vary the terms of time conditions. 8. The potential impact upon property values is not a material planning consideration.

9. Conclusions

9.1 In conclusion, the principle of the development has been approved through the 2008 permission and the current application seeks to secure an extension of time to allow for the submission of a matters specified by conditions application. Although the applicants have sought a time extension of 5 years it is considered that the standard 3 years time period attached to planning approvals is appropriate and there is no specific justification in this case for extending this time period. The current application complies with the zoning of the site as a site for short term housing development as identified in the North Lanarkshire Local Plan. No new issues are raised by this application. It is therefore recommended that permission be granted.

100 Application No: Proposed Development:

13/00489/FUL Conversion of former Nursery to Four Three Bedroom Dwellings with Garages

Site Address:

Abronhill Nursery 2 - 8 Hornbeam Road Abronhill Cum bernauld G67 3NQ

Date Registered:

3rd April 201 3

Applicant: Agent: Mr Brian McLaughlin Seonaid Withey 2-8 Hornbeam Road 19 Earl's Hill Abronhill Balloch Cumbernauld Cumbernauld G67 3NQ G68 9ET

Application Level: Contrary to Development Plan: Local Application No

Ward: Representations: 004 Abronhill, Kildrum And The Village No letters of representation received. Stephen Grant, Elizabeth Irvine, Tom Johnston,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed housing is in accordance with policy HCF 1A of the North Lanarkshire Local Plan and it would integrate satisfactorily with the surrounding area and would not result in any unacceptable adverse impact on established residential amenity.

101 I Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with drawing numbers:-

13/0301; 13/0302; 13/0303; 13/0304; 1310305; 13/0306

Reason: To clarify the drawings on which this approval of permission is founded.

2. That prior to the commencement of development, the applicant shall provide written confirmation to the Planning Authority that all the requirements of Scottish Water can be fully met to demonstrate that the development will not have an impact on their assets, and that suitable infrastructure can be put in place to support the development.

Reason: To ensure the provision of satisfactory drainage arrangements.

3. That before any of the units hereby permitted are occupied, the garages indicated on the plans to serve the units, shall be re-formed and thereafter be maintained as parking spaces as described on the approved plans.

Reason: To ensure adequate provision of access, parking and manoeuvring areas.

4. That before the development hereby permitted starts, full details of the facing materials to be used on any external alterations shall be submitted to, and approved in writing by the Planning Authority.

Reason: In the interests of visual amenity.

5. 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. The approved details shall thereafter be implemented prior to the occupation of the proposed dwellings.

Reason: In the interests of amenity by ensuring that fences and walls are appropriate for the site and for the general area.

6. That, notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 201 1, no development in terms of class IA, 1B, IC, 3A and 3D shall take place without the prior written approval of the Planning Authority.

Reason: To define the permission.

103 Backaround PaDers:

Consultation Responses:

Traffic & Transportation response received 30ih April 201 3

Contact Information:

Any person wishing to inspect these documents should contact Mr Edward McLennaghan at 01 236 632496

Report Date:

3rdMay 201 3

104 APPLICATION NO. 13/00489/FlJL

REPORT

1. Site DescriPtion

1.I The proposed development site is the former Abronhill Nursery located at 2-8 Hornbeam Road, Abronhill Cumbernauld and is bounded by Blackthorn Road and Hornbeam Road. The existing nursery building is single storey and measures approximately 400m2 with two internal courtyard areas measuring approximately 85m2 and 75m2 and another area of open space associated with the nursery to the west of the building, The surrounding area is predominantly residential and comprises a mixture of single storey and two storey properties which are finished in dry dash render with flat and pitched roofs with concrete roof tiles. The building is currently owned by North Lanarkshire Council.

2. ProPosed DeveloDment

2.1 The applicant is seeking to convert the existing vacant nursery building into four, three bedroom dwellings with garages. The application proposes mainly internal alterations to subdivide the existing nursery building, in addition to some minor external alterations to form additional doorways and window openings. In addition, the application includes the reinstatement of the four garage lock-ups for parking which are currently utilised as an equipment store and fire exit. Any additional external materials utilised in the conversion of the building will be controlled by recommended conditions to ensure they will blend harmoniously with the surrounding properties.

3. Atmlicant’s Sumortina Information

3.1 The applicant has submitted no additional supporting information.

4. Site Historv

4.1 There are no applications of relevance to the proposed development.

5. DeveloDment Plan

5.1 The application site is covered by policy HCF 1A (Protecting Residential Amenity and Community Facilities) - Residential Areas in the North Lanarkshire Local Plan.

6. Consultations

6.1 NLC Traffic and Transportation recommend refusal of the proposed development given insufficient parking and comment that the parking requirements for 3 bedroom dwellings are 2 spaces per dwelling. The garages appear to be too small to be included in the calculations so 8 parking spaces are required for this development.

7.1 Following standard neighbour notification process and advertisement, no letters of representation have been received.

8. Plannina Assessment

105 8.2 Policy HCFI A (Protecting Residential Amenity and Community Facilities) - Residential Areas in the North Lanarkshire Local Plan sets out that there is a presumption against developments detrimental to residential amenity in primarily residential areas. The proposed development is for the conversion of a vacant nursery building into four residential dwellings and it is therefore considered that the application complies with this land use policy. Policies DSP 1-4 are also relevant and are addressed below.

8.3 It is considered that given the scale and nature and scale of this proposed development policies DSP 1 (Amount of Development), DSP2 Location of Development and DSP 3 (Impact of Development) are not an issue in this instance.

8.4 DSP4 Qualitv of DeveloDment: This policy considers development specific impacts in terms of existing site attributes and provides a range of assessment criteria which are addressed below:

8.5 Given the nature and scale of the proposals a formal Design and Access statement is not required and a site visit is sufficient to appraise the site, surrounding area and the proposals. In terms of layout, the proposed works are largely internal given that the proposals are for the conversion and subdivision of the existing building with the existing access and parking areas associated with the existing lock-ups being utilised. The use of the centralised parking court area and associated lock-ups is considered acceptable in this instance given the nature and dimensions of the site. The surrounding area is predominantly made up of a mix of single storey and two storey terraced dwellings finished in dry dash render with concrete roof tiles. The proposed conversion of the building into 4 single storey dwellings is therefore considered in keeping with the surrounding area and acceptable in this instance.

8.4 The Developers Guide to Open Space minimum space around dwellings guidance requires that houses provide 3m side garden ground and 10m rear garden length. The overall layout of the site is such that, given that the proposals are for the conversion of a vacant building, the dwellings will fall short of the minimum requirements, however it is considered that, given the nature and orientation of the proposed dwellings, either backing onto open space or blank elevations and by the recommended removal of permitted development rights pertaining to side and rear extensions, the overall layout and density of the site can be considered as acceptable in this instance. The site is flat and level with the surrounding properties and, as such, there are no level issues or retaining elements required in the layout.

8.5 The surrounding properties are finished in predominantly dry dash render and concrete tile roofs or flat roofs and it is recommended that any external alterations required as part of the conversion of the building be finished in appropriate materials which complement the finish of the surrounding buildings. The layout ensures that there is no unacceptable adverse impact on residential amenity of adjacent neighbouring properties in terms of privacy, overlooking or overshadowing and, for the reasons outlined above, the development will in all other respects integrate satisfactorily with the surrounding area.

8.6 There is an extensive network of existing pedestrian links within the area which can be utilised to services the site and as such are considered to be acceptable in this instance. The properties within the site have two allocated spaces with one within the garage and one within the parking court adjacent to the garage. Consultation with the Council’s Traffic and Transportation team has indicated that they wish the proposed development to be refused due to lack of parking. Notwithstanding these comments it

106 is considered that, given that the proposals are for the conversion of an existing vacant building, given the small nature of the 3 bedroom properties with reduced parking provision and the availability of on-street parking and the allocated spaces in front of the proposed garages, the reduced level of parking provision will not have a significant impact in this instance. It is also worth noting that the development proposes the conversion of a vacant nursery which, if in operation, could have encouraged far more on-street parking associated with its function and the level of parking provision provided is similar to that of the surrounding dwellings. There are good transportation links in the area and it is served by good existing pedestrian access links. The development is therefore not considered to have a detrimental impact on traffic or parking within the surrounding area.

8.7 In terms of DSP 4 requirements regarding the principles of sustainable development, mitigation of impacts (noise, air quality, pollution etc) and protecting water bodies and SUDS/drainage issues it is considered that the proposals accord with these policies and that the recommended conditions and consultation responses are such that all matters have been adequately addressed or can be covered by recommended conditions.

9. Conclusions

9.1 Taking the above assessment into account, it is considered that this development accords with the provisions of policies HCFI A and DSP 4 in the North Lanarkshire Local Plan and, following detailed consideration of the proposals, it is considered that it will integrate satisfactorily with the surrounding area and cause no adverse impact on established residential amenity. Therefore, for the reasons detailed in the planning assessment above, it is recommended that planning permission be granted subject to conditions.

107 Application No: Proposed Development:

13100593/LBC External Lighting of Building Site Address:

Motherwell Library Hamilton Road Motherwell

Date Registered:

17th April 201 3

Applicant: Agent: North Lanarkshire Council NIA Fleming House Cum bernauld

Application Level: Contrary to Development Plan: No Committee

Ward: Representations: 01 6 Motherwell West One letter of representation received. Paul Kelly, Michael Ross, Annette Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed illumination of the building meets the criteria set out in the relevant policies of the North Lanarkshire Local Plan 2012 in that it would enhance the visual impact of the listed building without detriment to the character and amenity of the building or the Conservation Area within which it is set.

Note to Committee:

Should the Council be of a mind to approve Listed Building Consent, then the application must be referred to Historic Scotland for determination due to the Council’s status as applicant.

108 Repmduced by permission 13/ll05931LBC Produced by d the Ovehance Swey on Planning and Development North Lanarkshire Council Environmental Sewices behaifofHMSO. @Crown Mothetwell Library, Hamilton Road, Motherwell Copyrig# and database nfl North Lanarkshire C PO~.nil tights reserved. External Lighting of Building Fleming House Ordnance Suwey Representation 2 Tryst Road * Cumbernauld Liceme number 100023396. G87 IJW 7 109 Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans stamped; 2067-(63)- 00-01, 1067/SE/02, 1067/LP/02

Reason: To clarify the drawings on which this approval of permission is founded.

2. That the external cabling shown on the plans hereby approved shall match in colour the sandstone on the existing building.

Reason: To minimise the visual impact of the cabling during daytime hours.

110 Backuround Papers:

Consultation Responses:

Letter from the Scottish Civic Trust received 25ithApril 201 3 Letter from the Architectural Heritage Society received 3rdMay 201 3 Letter from Historic Scotland received 30thApril 2013

Contact information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632493

Report Date:

2nd May 2013

111 APPLICATION NO. 13/00593/LBC

REPORT

1. Site Description

1.1 The application property is the category B listed Motherwell Library at the top of the Hamilton Road Conservation Area. The property is surrounded by the Town Hall to the north, the railway to the east, housing to the south and a bank to the west. The library is one of Motherwell’s main landmarks and is a 3 storey Victorian building constructed in blonde sandstone.

2. Proposed Development

2.1 Listed Building Consent is sought to floodlight the front elevation of the building. A Series of 8 LED lights facing upwards would be installed in the existing landscaped bed at street level then, at first floor level, another seven would be installed facing upwards positioned above the balustrades of the main three windows on the upper floor. Finally a single light would be positioned on the roof facing upwards towards the central tower. The cables associated with the floodlighting would be run down the recesses of the building.

3. Applicant’s Suwortina Information

3.1 The applicant has submitted a supporting statement describing the aims of the proposal as adding interest and quality to the evening street scene and detailing that the lighting has been positioned in such a way that minimises the visual impact of the lights and cables during daylight hours.

4. Development Plan

4.1 The site is identified as RTC 1A (Town Centres) and NBE2 82 (Conservation Areas) in the North Lanarkshire Local Plan 2012.

5. Consultations

5.1 The following consultees raised no objections:

0 Historic Scotland 0 The Scottish Civic Trust 0 The Architectural Heritage Society

6. Representations

6.1 One letter of representation has been received in respect of the application; the objector is from an address out with North Lanarkshire. The objector questions the cost of the project and if it represents value for money.

7. Plannina Assessment

7.1 Section 14(2) of the Town and Country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, requires that in considering whether to grant listed building consent for any works, the planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

7.2 The application site is within an area zoned as RTC 1A (Town centres). Policies NBE1 B2C (Listed Buildings) and NBE2 82 (Conservation Areas) are relevant in this instance along with SPG 25 (Hamilton Road Conservation Area Appraisal and Management Plan).

112 7.3 Policy RTC 1A (Town Centres) seeks to safeguard existing uses and in this instance no change of use is introduced. The proposal seeks to enhance the existing Library and the development requires assessment against NBEl B2c and NBE2 B2.

7.4 Policy NBEl B2c requires the design, materials, scale and siting of developments to be appropriate to the character and appearance of the listed building and its setting. It is considered that the illumination of the building during the evening will contribute to its character as a local landmark and the lighting would not detract from the visual impact of the building during the daylight as the lights and cables themselves will be located in discrete positions and will not therefore be prominent when viewed from the street. A condition is recommended to ensure the colour of the cables match the colour of the existing stone. As such the proposal accords with NBEl B2c.

7.5 Policy NBE2 B2 promotes improvement initiatives that enhance the setting of Conservation Areas. This proposal is part of a programme of works that is being carried out over several years by the Council to improve the town centre and, as detailed below, is part of Conservation Management Plan in SPG 25. As such the proposal is in accordance with NBE2 B2.

7.6 Supplementary Planning Guidance 25 (Hamilton Road Conservation Area Appraisal and Management Plan) identifies the application property as making a significant contribution to the character of the Conservation Area and the illuminating of the Library is identified as being a key enhancement proposal in line with North Lanarkshire Council’s Lighting Strategy. As such the proposal is in line with SPG 25.

7.7 Policy DSP4 (Quality of Development) is also of relevance and under this policy proposals must demonstrate that an appraisal has been carried out of the existing character and features of the site and that the proposal achieves a high quality development in terms of integrating successfully into the local area and avoiding harm to neighbouring amenity. It is considered that the proposal would enhance the visual impact of the Library and wider street scene by highlighting an important landmark and, as detailed above in paragraph 7.4 the lights and cables would not be visually prominent during the daytime subject to a condition ensuring the colour of the cables matches the existing stone. As such the proposal accords with DSP4.

ReDreSentatiOnS

7.8 In respect to the point of objection made relating to the cost of the project this is funded through the Council’s capital programme for town centres and is not a material planning consideration. In relation to the building, as detailed in paragraph 7.6 above it is considered to be an important local landmark and it is therefore worthy of illumination.

8. Conclusions

8.1 In conclusion, the development is in accordance with policies RTC lA, NBEl B2c, NBE2 82 and DSP4 of the North Lanarkshire Local Plan 2012 and Supplementary Planning Guidance 25 in that the external illumination of this prominent landmark would enhance the visual impact of the existing listed building without detriment to the character or historic and architectural importance of the building and character and amenity of the Conservation Area. Finally, it should be noted that should the Council be of a mind to approve Listed Building Consent, then it must first of all be referred to Historic Scotland for it to make the final decision.

113 Application No: Proposed Development:

13/00594/LBC External Lighting of Building Site Address:

Old Town Hall Hamilton Road Motherwell

Date Registered:

12th April 201 3

Applicant: Agent: North Lanarkshire Council N/A Fleming House 2 Tryst Road Cumbernauld

Application Level: Contrary to Development Plan: No Committee

Ward: Representations: 01 6 Motherwell West One letter of representation received. Paul Kelly, Michael Ross, Annette Valentine,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

Note to committee:

Should the Council be of a mind to approve Listed Building Consent, then the application must be referred to Historic Scotland for determination due to the Council’s status as applicant.

114

Proposed Conditions:-

1. That, except as may otherwise be agreed in writing by the Planning Authority, the development shall be implemented in accordance with the plans stamped; 2067-(63)- 00-02, 1067/SE/0111067/LP/01

Reason: To clarify the drawings on which this approval of permission is founded.

2. That the external cabling shown on the plans hereby approved shall match in colour the sandstone on the existing building.

Reason: To minimise the visual impact of the cabling during daytime hours.

116 Backaround PaDers:

Consultation Responses:

Letter from Historic Scotland received 30ih AprilZ013 Letter from the Scottish Civic Trust received 25 April 201 3 Letter from the Architectural Heritage Society received 3rdMay 201 3

Contact Information:

Any person wishing to inspect these documents should contact Mr Graham Smith at 01236 632493

Report Date:

2"d May 2013

117 APPLICATION NO. 13/00594/LBC

REPORT

1. Site Description

1.I The application property is the category C(s) listed Old Town Hall building which is a prominent landmark on the edge of the Town Centre at the top of the Hamilton Road Conservation Area. The Town Hall lies to the north with the railway to the east, the library lies across Hamilton Road to the south and a bank is to the west. The main building is two storeys in height with a higher clock tower on the corner of Hamilton Road and High Road and it is currently used as an indoor play facility.

2. Proposed Development

2.1 Listed Building Consent is sought to floodlight the front elevation of the building. Four LED lights would be installed on the building facing upwards. Two of the fittings at first floor level would be mounted above the balustrade at the upper floor balcony with another in a central position within the balcony. The final light would be positioned on the lintel above the second floor illuminating the front gable feature. Three other floodlights would be installed on existing street lighting columns on Hamilton Road facing towards the building. The external cabling would be attached following the lines of the existing building and then within the building following existing cable runs.

3. Applicant’s Sumortina Information

3.1 The applicant has submitted a supporting statement describing the aims of the proposal as adding interest and quality to the evening street scene and detailing that the lighting will be positioned in such a way that minimises the amount of lights installed on the building to protect the stone and reduce the visual impact of the lights and cables during daylight hours.

4. Develo Dm e nt PIan

4.1 The site is identified as DSAP 1 (Town Centres) and NBE2 B2 (Conservation Areas) in the North Lanarkshire Local Plan 2012.

5.1 The following consultees raised no objections:

0 Historic Scotland 0 The Scottish Civic Trust 0 The Architectural Heritage Society

6. Representations

6.1 One letter of representation has been received in respect of the application; the objector is from an address out with North Lanarkshire. The objector questions the cost of and value for money of, and justification for this project.

7. Plannina Assessment

7.2 The application site is within an area zoned as RTC 1A (Town centres) and NBE2 82

118 (Conservation Areas). Policy NBEI B2C (Listed Buildings) is also relevant in this instance along with SPG 25 (Hamilton Road Conservation Area Appraisal and Management Plan).

7.3 Policy RTC 1A (Town Centres) seeks to safeguard existing uses and in this instance no change of use is introduced. The proposal seeks to enhance the existing Old Town Hall and the development requires assessment against policies NBE1 B2c and NBE2 82.

7.4 Policy NBEI B2c requires the design, materials, scale and siting of developments to be appropriate to the character and appearance of the listed building and its setting. It is considered that the illumination of the building during the evening will contribute to its character as a local landmark. The lighting would not detract from the visual impact of the building during the daylight as the lights and cables themselves will be located in discrete positions, with three lights on nearby lighting columns, and will not therefore be prominent when viewed from the street. A condition is recommended to ensure the colour of the cables match the colour of the existing stone. As such the proposal accords with NBEl B2c

7.5 Policy NBE2 82 promotes improvement initiatives that enhance the setting of Conservation Areas. This proposal is part of a programme of works that is being carried out over several years by the Council to improve the town centre and, as detailed below, is part of Conservation Management Plan in SPG 25. As such the proposal is in accordance with NBE2 82.

7.6 Supplementary Planning Guidance 25 (Hamilton Road Conservation Area Appraisal and Management Plan) identifies the application property as making a significant contribution to the character of the Conservation Area and the illuminating of the old town hall is identified as being a key enhancement proposal in line with North Lanarkshire Council’s Lighting Strategy. As such the proposal is in line with SPG 25.

7.7 Policy DSP4 (Quality of Development) is also of relevance and under this policy proposals must demonstrate that an appraisal has been carried out of the existing character and features of the site and that the proposal achieves a high quality development in terms of integrating successfully into the local area and avoiding harm to neighbouring amenity. It is considered that the proposal would enhance the visual impact of the old town hall and wider street scene by highlighting an important landmark and, as detailed above in paragraph 7.4 the lights and cables would not be visually prominent during the daytime subject to a condition ensuring the colour of the cables matches the existing stone. As such the proposal accords with DSP4.

8. Conclusions

8.1 In conclusion, the development is in accordance with policies RTC IA, NBEI B~c, NBE2 B2 and DSP4 of the North Lanarkshire Local Plan 2012 and Supplementary Planning Guidance 25 in that the external illumination of this prominent landmark would enhance the visual impact of the existing listed building without detriment to the character or historic and architectural importance of the building and character or amenity of the Conservation Area. Finally, it should be noted that should the Council be of a mind to approve Listed Building Consent, then it must first of all be referred to Historic Scotland for it to make the final decision.

119